County Commission

Tuesday, February 20, 2024 10:00 AM Broward County Broward County Governmental Center Room 422 (Commission Chambers) County Commission Action Agenda - Published County Commission Action Agenda - Published February 20, 2024 Page 1 of 1 County Commission Action Agenda - Published February 20, 2024 MEETING OF FEBRUARY 20, 2024 Meeting convened at 10:07 a.m. and adjourned at 7:36 p.m. Commissioner Mark D. Bogen Commissioner Lamar P. Fisher Vice-Mayor Beam Furr Commissioner Steve Geller Commissioner Robert McKinzie Mayor Nan H. Rich Commissioner Hazelle P. Rogers Commissioner Tim Ryan Commissioner Michael Udine Present: Mayor Rich participated telephonically for the Consent Agenda and Regular Agenda. CALL TO ORDER Call to order was led by Vice-Mayor Beam Furr, District 6. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Broward County Commissioners. MOMENT OF SILENCE In memory of Dionne Bryan, Lauderdale Lakes Kiwanis Club President. In memory of Alexei Navalny, Russian lawyer, opposition leader and activist. In memory of First Responders, who have recently lost their lives in the line of duty. In honor of all the brave men and women, who have served and continue to serve in our Armed Forces both here and abroad, thanking them for their service. PROCLAMATION(S) Black History Month Proclamation presented to the African-American Research Library and Cultural Center by Commissioner Rogers. TUESDAY MORNING MEMO Page 1 of 22 County Commission Action Agenda - Published February 20, 2024 The Tuesday Agenda Memorandum was read by Reading Clerk Jessica Phanor. CONSENT AGENDA A motion was made by Commissioner Geller, seconded by Commissioner McKinzie and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 35. At the request of the Mayor, Regular Items 45, 48, 50, 51 and 52 were transferred to the Consent Agenda. Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote. Public Hearing Items consist of Items 36 through 43. Regular Agenda Items consist of Items 44 through 54. Supplemental Agenda Items consist of Item 55. The following Item was deferred: 46. BOARD APPOINTMENTS 1. MOTION TO APPROVE Board Appointments 1A. MOTION TO APPOINT Cassandra Burrell to the Children's Services Board. (Commissioner Udine) ACTION: (T-10:18 AM) Approved with Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Commissioner Udine. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 1B. A. MOTION TO APPOINT June H. McCarthy to the Advisory Board for Individuals with Disabilities in the category of “Registered Voter; Dedicated to Advancement of the Disabled.” ACTION: (T-10:18 AM) Approved with Regular Meeting Additional Material, dated Page 2 of 22 County Commission Action Agenda - Published February 20, 2024 February 20, 2024, submitted at the request of Mayor Rich. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes for June H. McCarthy who holds an employment or contractual relationship with an entity that receives funds from Broward County. (Mayor Rich) ACTION: (T-10:18 AM) Approved with Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Mayor Rich. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 1C. A. MOTION TO APPOINT David Bittan to the School Oversight Committee. ACTION: (T-10:18 AM) Approved with Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Mayor Rich. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes for David Bittan who holds an employment or contractual relationship with an entity that receives funds from Broward County. (Mayor Rich) ACTION: (T-10:18 AM) Approved with Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Mayor Rich. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. AVIATION DEPARTMENT 2. MOTION TO APPROVE Other Transaction Agreement No. 70T01023T7668N030, as modified by Modification No. 00001, with the Transportation Security Administration for payment to Broward County of electrical consumption costs, including passenger screening checkpoints, associated with security operations at Broward County ’s Fort Lauderdale-Hollywood International Airport, with an initial one-year term commencing on September 1, 2023, and four automatic, successive one-year renewal terms; authorizing the Mayor and Clerk to execute same; and authorizing the Director of Aviation to execute future amendments to the Other Transaction Agreement. (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the amended Motion Statement.) Page 3 of 22 County Commission Action Agenda - Published February 20, 2024 ACTION: (T-10:18 AM) Approved. (Scrivener’s Error - See County Administrator’s Memorandum: Currently reads: MOTION TO APPROVE ... and authorizing the Director of Aviation to execute future amendments to the Other Transaction Agreement. Should read: MOTION TO APPROVE ... and authorizing the Director of Aviation to approve and execute any future amendments to the Other Transaction Agreement that do not increase Broward County's financial obligations, subject to review by the Office of the County Attorney for legal sufficiency.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 3. MOTION TO APPROVE First Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 448075-1-94-01, increasing the total design cost for the Taxiway A Rehabilitation project at Broward County’s Fort Lauderdale-Hollywood International Airport to $1,481,000 and increasing the grant funding total maximum contribution up to $185,125; authorizing the Mayor and Clerk to execute the First Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the First Amendment. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 4. MOTION TO APPROVE First Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 448090-1-94-01, increasing the total construction cost of the Airfield Lighting Improvements project at Broward County’s North Perry Airport to $3,675,000, and increasing the grant funding total maximum contribution up to $ 2,940,000; authorizing the Mayor and Clerk to execute the First Amendment, and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the First Amendment. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 5. MOTION TO APPROVE Public Transportation Grant Agreement between Broward Page 4 of 22 County Commission Action Agenda - Published February 20, 2024 County and the State of Florida Department of Transportation for Financial Project No . 449625-1-94-01, to fund up to $320,000 for the construction of the South Apron Pavement Rehabilitation project at Broward County’s North Perry Airport; authorizing the Mayor and Clerk to execute the Public Transportation Grant Agreement, and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Public Transportation Grant Agreement. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 6. A. MOTION TO ADOPT budget Resolution transferring funds within the HWO Capital Fund to appropriate revenue in the amount of $35,000 for the purpose of recognizing grant revenues and appropriating match contributions related to the design of Taxiway M Pavement Rehabilitation project at Broward County’s North Perry Airport. ACTION: (T-10:18 AM) Approved Resolution No. 2024-051. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. B. MOTION TO APPROVE Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No . 449626-1-94-01, to fund up to $30,000 for the design of the Taxiway M Pavement Rehabilitation project at Broward County’s North Perry Airport; authorizing the Mayor and Clerk to execute the Public Transportation Grant Agreement, and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Public Transportation Grant Agreement. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 7. MOTION TO APPROVE Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No . 451505-1-94-01, to fund up to $118,805 for the construction of the Mitigate RW 1L-19R Crossings & Extend TW A project at Broward County’s North Perry Airport; authorizing the Mayor and Clerk to execute the Public Transportation Grant Agreement, and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Public Transportation Grant Agreement. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. Page 5 of 22 County Commission Action Agenda - Published February 20, 2024 8. MOTION TO APPROVE Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No . 453344-1-94-01, to fund up to $2,658,500 for the construction of the Taxiway A Rehabilitation project at Broward County’s Fort Lauderdale-Hollywood International Airport, authorizing the Mayor and Clerk to execute the Public Transportation Grant Agreement; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Public Transportation Grant Agreement. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 9. MOTION TO APPROVE Fourth Amendment to the Public Transportation Grant Agreement between Broward County and the State of Florida Department of Transportation for Financial Project No. 440097-2-94-01, increasing the total project cost of Phase II of the Gate Expansion and Terminal Connectors projects at Broward County ’s Fort Lauderdale-Hollywood International Airport to $103,278,258 and increasing the grant funding maximum contribution to $51,639,129, authorizing the Mayor and Clerk to execute the Fourth Amendment; and authorizing the County Administrator to take any necessary administrative and budgetary actions to implement the Fourth Amendment. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 10. MOTION TO APPROVE First Amendment to Agreement between Broward County and M2Mobi LLC, pursuant to Agreement No. TEC2125349A1_1 for support and maintenance of the M2Mobi Digital Airport Platform, to provide for a change to the delegated authority provisions of the Agreement to allow the Purchasing Director to execute Work Authorizations for Optional Services up to the applicable not -to-exceed amount of $3,520,000 as part of the Agreement; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. PUBLIC WORKS DEPARTMENT HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 11. MOTION TO APPROVE State-Funded Grant Agreement between Florida Department of Transportation (FDOT) and Broward County, Financial Project No. 449509-1-34-01, providing grant funding for design services for Pine Island Road from SR -870/Commercial Page 6 of 22 County Commission Action Agenda - Published February 20, 2024 Boulevard to McNab Road with FDOT agreeing to participate in the project cost up to a maximum amount of $1,000,000, with FDOT’s participation not to exceed 50% of the total cost of the project, and Broward County agreeing to bear all expenses in excess of FDOT’s participation; authorize Mayor and Clerk to execute same; and authorize Director of Highway Construction and Engineering Division to approve any amendments to the Agreement that do not increase Broward County’s financial obligations, subject to review by the Office of the County Attorney for legal sufficiency. (Commission Districts 3 and 9) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 12. MOTION TO ADOPT Resolution supporting the Broward Metropolitan Planning Organization’s project to enhance bicycle and pedestrian safety along NW 31st Avenue from Broward Boulevard to McNab Road and recognizing Broward County as the agency responsible for project design, construction, and construction administration . (Commission Districts 8 and 9) ACTION: (T-10:18 AM) Approved Resolution No. 2024-052. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION 13. MOTION TO ADOPT Resolution accepting a Quit Claim Deed executed by Forest Ridge Master Homeowners Association, Inc., for property located along Forest Ridge Boulevard in the Town of Davie, at no cost to Broward County. (Commission District 5) ACTION: (T-10:18 AM) Approved Resolution No. 2024-053. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. WATER AND WASTEWATER ENGINEERING DIVISION 14. MOTION TO ADOPT Resolution accepting a utility easement executed by Tamarac Apartment Investors, LLC., located at 6150 Rock Island Road (Parcel ID: 494112330020/494112330030), in the City of Tamarac. (Commission District 8) ACTION: (T-10:18 AM) Approved Resolution No. 2024-054. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 15. MOTION TO APPROVE First Amendment to Agreement between Broward County and Page 7 of 22 County Commission Action Agenda - Published February 20, 2024 Thompson & Associates, Inc., Civil Engineering for the Consultant Services for Water and Wastewater Projects Regional Effluent and Reuse Solutions, PNC2123898P1, to provide additional services and increase total compensation by $537,600 for a total not-to-exceed amount of $5,137,600; and authorize the Mayor and Clerk to execute same. (Commission Districts 2, 4 and 8) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. PORT EVERGLADES DEPARTMENT 16. MOTION TO APPROVE ten-year License Agreement between Broward County and Global Terminal Holdings LLC for Bulk Petroleum Product Pipelines at Port Everglades, with a term beginning retroactively on December 21, 2023, and ending on December 20, 2033; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 17. MOTION TO APPROVE First Amendment to Agreement between Broward County and T.Y. Lin International for Consultant Services for Port Everglades Bulkhead Replacement Project, Group 1, Request for Proposal (RFP) PNC2120415P1, increasing the maximum not-to-exceed amount for Basic Services from $3,590,000 to $10,190,000 for Design Package 1 (Berths 1, 2, 3,1A,1B,1C,1D, and the Entrance Channel North Bulkhead) and adding $3,635,000 for Design Package 2 (Berths 16, 17, and 18), for a maximum not-to-exceed amount of $13,825,000 for Basic Services; increasing Optional Services from $82,000 to $222,000 and increasing Reimbursables from $318,000 to $618,000 for Design Package 1; adding Reimbursables of $215,000 for Design Package 2 for the term of the Agreement; and adding language pertaining to grant funding; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages have been received.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 18. MOTION TO APPROVE Greater Fort Lauderdale Alliance (hereinafter referred to as the “Alliance”) Fiscal Year 2023 quarterly performance report, for the period from July 1, 2023, through October 31, 2023, pursuant to the agreement between Broward County and the Page 8 of 22 County Commission Action Agenda - Published February 20, 2024 Alliance. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. OFFICE OF MEDICAL EXAMINER AND TRAUMA SERVICES 19. MOTION TO APPOINT Ezra Lubow to the Broward Regional Emergency Medical Services (EMS) Council. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 20. MOTION TO APPROVE Memorandum of Understanding (MOU) with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to permit County’s access to DHSMV data at no cost to County and for a term of six years; authorize the County Administrator or the County Administrator’s designee to execute documents required to effectuate the MOU, subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the MOU. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. REQUEST TO SET FOR PUBLIC HEARING 21. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 07, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of Seaport Hub Agencies, Inc ., for the granting of a renewal of a nonexclusive, unrestricted Port Everglades steamship agent services franchise for a new five-year term. ACTION: (T-10:18 AM) Approved Resolution No. 2024-055. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 22. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 7, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider the application of JAX LNG, LLC, for the granting of a nonexclusive, unrestricted Port Everglades vessel bunkering services franchise for a one-year term. Page 9 of 22 County Commission Action Agenda - Published February 20, 2024 ACTION: (T-10:18 AM) Approved Resolution No. 2024-056. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 23. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 21, 2024, at 10:00 a.m., in Room 422 of Governmental Center East, to vacate and annul a 12-foot-wide sanitary easement and a 12-foot-wide water easement, both lying within Tract K of Miramar Park Fifth Addition Plat, as recorded in Plat Book 92, Page 50 of the Official Records of Broward County, Florida, generally located approximately 3,000 feet east of the intersection of South University Drive and Riviera Boulevard in the City of Miramar; Petitioners: SPG 7481 Riviera BLVD, LLC; Agent: Linda C. Strutt, Linda Strutt Consulting, Inc.; Application for Vacation and Abandonment: 2023-V-14. (Commission District 7) ACTION: (T-10:18 AM) Approved Resolution No. 2024-057. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 24. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on April 16, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider Resolution to levy land clearance liens against certain described properties resulting from violations of the Property Maintenance regulations contained within Chapter 39 of the Broward County Code of Ordinances. (Commission Districts 5 and 8) ACTION: (T-10:18 AM) Approved Resolution No. 2024-058. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 25. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 7, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY ADMINISTRATIVE CODE; AMENDING SECTIONS 1-171 THROUGH 1-177 AND REPEALING SECTIONS 1-178 AND 1-179 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:18 AM) Approved Resolution No. 2024-059. Page 10 of 22 County Commission Action Agenda - Published February 20, 2024 VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 26. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 7, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider adoption of a proposed Resolution Amending the Broward County Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO FEES CHARGED FOR PRODUCTION OF BROWARD COUNTY PUBLIC RECORDS; AMENDING SECTION 35.20 OF THE BROWARD COUNTY ADMINISTRATIVE CODE (“ADMINISTRATIVE CODE”); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. ACTION: (T-10:18 AM) Approved Resolution No. 2024-060. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 27. MOTION TO NOTE FOR THE RECORD actions taken by the County Administrator for items not listed on the Winter Recess Board Action List that impose a financial obligation on the County in excess of $500,000. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * QUASI-JUDICIAL CONSENT HEARING RESILIENT ENVIRONMENT DEPARTMENT URBAN PLANNING DIVISION 28. MOTION TO APPROVE plat note amendment to Pompano Citi Centre Plat (079-MP-01). (Commission District 4) ACTION: (T-10:18 AM) Approved the plat note amendment subject to staff’s recommendations as outlined in the Development Review Report for a Plat Note Amendment. Page 11 of 22 County Commission Action Agenda - Published February 20, 2024 VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 29. MOTION TO APPROVE plat note amendment to York Chase Ronto Industrial Plat (016-UP-84). (Commission District 2) ACTION: (T-10:18 AM) Approved the plat note amendment subject to staff’s recommendations as outlined in the Development Review Report for a Plat Note Amendment. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. END OF QUASI-JUDICIAL CONSENT HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNTY ATTORNEY 30. MOTION TO AUTHORIZE County Attorney’s Office (“CAO”) to take any and all legal actions deemed appropriate by the CAO to recover damages and obtain any other appropriate relief on behalf of Broward County in response to breaches by Waterline Systems, Inc., of its agreements with the County to provide an aluminum work boat and a commercial grade tour boat for the County’s Parks and Recreation Division. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 31. MOTION TO AUTHORIZE increase in the current cap for outside counsel services pursuant to the agreement between Broward County and Kaplan Kirsch & Rockwell LLP (KK&R) in connection with complex railroad matters (including, but not limited to, the securing of all necessary access and development rights for the Broward Coastal Link Commuter Rail Project) by $150,000, from $100,000 to $250,000; and authorizing an additional not-to-exceed amount of $100,000 for assistance in negotiating and securing aerial rights over railroad tracks owned by Florida East Coast Railway for airport project development and operations, for a new total maximum not-to-exceed amount of $350,000; and authorizing the County Attorney to approve and execute an amendment to the agreement reflecting the increased fees cap. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. Page 12 of 22 County Commission Action Agenda - Published February 20, 2024 32. MOTION TO APPROVE settlement, including costs and attorneys’ fees, in the case titled Sunshine Gasoline Distributors, Inc. v. Broward County, Florida, 17th Judicial Circuit Court Case No. CACE-20-009643(13), and to delegate authority to the County Administrator to approve and execute a Settlement Agreement that is consistent with the term sheet attached as Exhibit 1, subject to approval as to form by the Office of the County Attorney. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. COUNTY ADMINISTRATION INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION 33. A. MOTION TO APPOINT Yusimir Arencibia the HIV Health Services Planning Council in the category of “Formerly incarcerated PLWHA/representative.” ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes, for Yusimir Arencibia, who holds an employment or contractual relationships with an entity that receives funds from Broward County. ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 34. MOTION TO REAPPOINT Jasmin Shirley to the Racial Equity Task Force in the category of "One member nominated by the Broward County branch of the National Association for the Advancement of Colored People ("NAACP").” ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 35. MOTION TO APPOINT Ilona Holmes to the Police and Criminal Justice Review Board in the category of "One member nominated by the Broward County branch of the National Association for the Advancement of Colored People ("NAACP")." ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. Page 13 of 22 County Commission Action Agenda - Published February 20, 2024 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC HEARING 36. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, granting renewal of a nonexclusive, unrestricted Port Everglades marine terminal security services franchise to Security Management Innovations, Inc ., for a five-year term, providing for franchise terms and conditions. ACTION: (T-10:19 AM) Approved Resolution No. 2024-061. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 37. MOTION TO ENACT Ordinance amending the Broward County Comprehensive Plan to adopt Broward County Land Use Plan map amendment PC 23-5.B., located in the City of Hollywood, pursuant to Section 163.3184, Florida Statutes, as amended (Commission District 6), the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY LAND USE PLAN OF THE BROWARD COUNTY COMPREHENSIVE PLAN WITHIN THE CITY OF HOLLYWOOD; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:20 AM) Filed proof of publication and enacted Ordinance No. 2024-07 to become effective as provided by law. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 38. MOTION TO ENACT Ordinance adopting a Small-Scale amendment to the Broward County Land Use Plan map (PC 24-1), located in the Broward Municipal Services District (Commission District 2), as an amendment to the Broward County Comprehensive Plan, the title of which is as follows: AN ORDINANCE OF BROWARD COUNTY, FLORIDA, ADOPTING A SMALL-SCALE AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN WITHIN THE BROWARD MUNICIPAL SERVICES DISTRICT; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) Page 14 of 22 County Commission Action Agenda - Published February 20, 2024 (Item Numbers 38 and 39 were heard concurrently and voted on separately.) ACTION: (T-10:25 AM) Filed proof of publication and enacted Ordinance No. 2024-08 to become effective as provided by law. (Refer to minutes for full discussion.) VOTE: 7-1. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen voted no. Commissioner Udine abstained from voting and was out of the room during the vote. 39. MOTION TO ENACT Ordinance amending the Broward County Comprehensive Plan, the title of which is as follows: (Commission District 2) AN ORDINANCE OF BROWARD COUNTY, FLORIDA, ADOPTING A SMALL-SCALE AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD MUNICIPAL SERVICES DISTRICT FUTURE LAND USE MAP OF THE BROWARD COUNTY COMPREHENSIVE PLAN, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Item Numbers 38 and 39 were heard concurrently and voted on separately.) (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the item as amended by the Revised Ordinance and Attachment A to Exhibit 1 submitted as Additional Material.) ACTION: (T-10:25 AM) Filed proof of publication and enacted Ordinance No. 2024-09 to become effective as provided by law as amended with Public Hearing Additional Material, dated February 20, 2024, submitted at the request of Resilient Environment Department. (Refer to minutes for full discussion.) (Scrivener’s Error - See County Administrator’s Memorandum: The revised Proposed Ordinance (Exhibit 1), Line 23: Currently reads: ... public hearing on January 16, 2024 ... Should read: ... public hearing on February 20, 2024 ...) VOTE: 7-1. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen voted no. Commissioner Udine abstained from voting and was out of the room during the vote. 40. MOTION TO ADOPT Resolution amending the Broward County Administrative Code, the title of which is as follows: Page 15 of 22 County Commission Action Agenda - Published February 20, 2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BUILDING CODE DIVISION AND FEE WAIVERS FOR AFFORDABLE HOUSING; AMENDING SECTION 8.15 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), PROVIDING FUNCTIONS AND RESPONSIBILITIES OF THE BUILDING CODE DIVISION; AMENDING CHAPTERS 38 AND 40 AND SECTION 43.55 OF THE ADMINISTRATIVE CODE, MODIFYING PROVISIONS CONSISTENT WITH STATUTORY AND FLORIDA BUILDING CODE AMENDMENTS, UPDATING CROSS REFERENCES, AND PROVIDING OTHER GENERAL AMENDMENTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. ACTION: (T-10:21 AM) Approved Resolution No. 2024-062. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 41. MOTION TO ENACT Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO COUNTY PARKING FACILITY LICENSES; AMENDING SECTIONS 27-174 THROUGH 27-176 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) (Item Numbers 41 and 42 were heard concurrently and voted on separately.) ACTION: (T-10:23 AM) Filed proof of publication and enacted Ordinance No. 2024-10 to become effective as provided by law. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 42. MOTION TO ADOPT Resolution Amending the Broward County Administrative Code, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY AIR LICENSE FEE SCHEDULE; AMENDING SECTION 40.23 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. (Item Numbers 41 and 42 were heard concurrently and voted on separately.) Page 16 of 22 County Commission Action Agenda - Published February 20, 2024 ACTION: (T-10:23 AM) Approved Resolution No. 2024-063. (Refer to minutes for full discussion.) VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. QUASI-JUDICIAL PUBLIC HEARING RESILIENT ENVIRONMENT DEPARTMENT URBAN PLANNING DIVISION 43. MOTION TO ENACT Ordinance amending the Broward Municipal Services District Zoning Map, the title of which is as follows: (Commission District 2) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE REZONING OF PROPERTY; CHANGING THE ZONING DISTRICT BOUNDARIES BY REZONING PORTIONS OF TRACT 50, BLOCK 83, OF PALM BEACH FARMS COMPANY PLAT NO. 3, AS RECORDED IN PLAT BOOK 2, PAGE 53, OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM A-1: AGRICULTURAL ESTATE TO PDD: PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR AMENDMENT OF THE APPLICABLE ZONING DISTRICT MAPS; REPEALING CONFLICTING ZONING ORDINANCES AND ZONING RESOLUTIONS TO THE EXTENT OF ANY CONFLICT HEREWITH; PROVIDING THAT THE REZONING SHALL NOT BE CONSTRUED TO CREATE A RIGHT TO DEVELOPMENT THAT FAILS TO MEET THE REQUIREMENTS OF OTHER LAND DEVELOPMENT REGULATIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: (T-10:38 AM) Filed proof of publication and enacted Ordinance No. 2024-11 to become effective as provided by law as amended to include delegation of authority to the Urban Planning Director in order to modify the development plan to reflect 14 units. (Refer to minutes for full discussion.) (See Public Hearing Additional Material, dated February 20, 2024, submitted at the request of Resilient Environment Department.) VOTE: 7-1. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen voted no. Commissioner Udine abstained from voting and was out of the room during the vote. END QUASI-JUDICIAL PUBLIC HEARING END PUBLIC HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 17 of 22 County Commission Action Agenda - Published February 20, 2024 REGULAR AGENDA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DELEGATION 44. DELEGATION: Roderick NewKirk, Affordable Housing Advisory Committee Member, RE: Housing Issues ACTION: (T-10:52 AM) Affordable Housing Advisory Committee delegation presentation given by Roderick Newkirk in relation to housing issues. (Refer to minutes for full discussion.) PUBLIC WORKS DEPARTMENT 45. MOTION TO APPROVE interlocal agreement between Broward County (the “County”) and the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County, Florida (the “Authority”), which authorizes the County to hold on behalf of the Authority the financial contributions of its member governments and to disburse at the Authority’s direction funds for the payment of the Authority’s authorized expenses; and to authorize the Mayor and Clerk to execute same. (Transferred to the Consent Agenda.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. RESILIENT ENVIRONMENT DEPARTMENT HOUSING FINANCE DIVISION 46. A. MOTION TO ACCEPT Broward County Ten-Year Affordable Housing Master Plan: Leading the Challenge, Sharing the Burden (Plan) (Exhibit 2), as delivered by the Florida International University, Jorge Perez Metropolitan Center (FIU), pursuant to FIU’s contract with the County to develop the Plan, including recommendations related to strategies for : 1) Increased Density; 2) Funding Alternatives; and 3) Legislation/Program alternatives; and to direct the County Administrator to forward the Plan to all Broward County Municipalities and key private sector, nonprofit and educational system partners. ACTION: (T-10:55 AM) Following discussion, the Board deferred this item indefinitely. (Refer to minutes for full discussion.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Page 18 of 22 County Commission Action Agenda - Published February 20, 2024 Fisher was out of the room during the vote. B. MOTION TO APPROVE Resolution (Exhibit 1) affirming the Plan recommendation to allocate 100% of the annual Broward County share of all expired Tax Increment Financing (TIF) amounts, for a period of thirty years, to the production of new affordable housing, with such funds deposited into the Affordable Housing Trust Fund, subject to all applicable budget requirements and considerations and other limitations of applicable law. ACTION: (T-10:55 AM) Following discussion, the Board deferred this item indefinitely. (Refer to minutes for full discussion.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Fisher was out of the room during the vote. C. MOTION TO DIRECT County Administrator to evaluate methods to increase residential density in Activity Centers and adjacent to major transportation corridors and rail corridors to encourage increased market rate and affordable housing units in Broward County and bring back to the Board proposed amendments to the Countywide Land Use Plan for consideration by the Board. ACTION: (T-10:55 AM) Following discussion, the Board deferred this item indefinitely. (Refer to minutes for full discussion.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Fisher was out of the room during the vote. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION For Transportation Department 47. A. MOTION TO WAIVE requirements of Section 21.42(j) of the Broward County Procurement Code, based upon a determination that doing so would be in the best interest of the County, in order to permit the Board to rank the vendors by majority vote. (Parts A and B were heard concurrently and voted on separately.) ACTION: (T-2:26 PM) Approved. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Finance and Administrative Services Department.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen was not present during the vote. B. MOTION TO APPROVE final rankings for Request for Proposals (RFP) No. Page 19 of 22 County Commission Action Agenda - Published February 20, 2024 TRN2125764P1, Vertical Integrated Program Management Consulting Services for Capital Projects, for the Transportation Department, determined by the majority vote of the Board after vendor presentations. (Parts A and B were heard concurrently and voted on separately.) ACTION: (T-2:26 PM) Approved following majority vote determination by the Board. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Finance and Administrative Services Department.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Bogen was not present during the vote. COUNTY ADMINISTRATION 48. MOTION TO AMEND Broward County Board of County Commissioners’ meeting calendar to reflect a change on the February schedule. (Transferred to the Consent Agenda.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. COUNTY COMMISSION 49. MOTION TO DISCUSS Preventative Health Pilot Project (Take Heart Test). (Commissioner Bogen) (Item numbers 49 and 55 were heard concurrently.) ACTION: (T-1:41 PM) The Board discussed the Preventative Health Pilot Project. (Refer to minutes for full discussion.) 50. MOTION TO APPOINT George C. Palaidis to the Bicycling and Pedestrian Advisory Committee. (Commissioner Fisher) (Transferred to the Consent Agenda.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 51. MOTION TO REAPPOINT Osmel Delgado to the Broward Regional Health Planning Page 20 of 22 County Commission Action Agenda - Published February 20, 2024 Council in the at-large category of “Health Care Purchaser.” (Commissioner Ryan) (Transferred to the Consent Agenda.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 52. MOTION TO REAPPOINT George Koren to the North Perry Airport Community Advisory Committee in the category of “Resident from the City of Pembroke Pines”. (Commissioner Ryan) (Transferred to the Consent Agenda.) ACTION: (T-10:18 AM) Approved. VOTE: 9-0. Mayor Rich voted in the affirmative telephonically. 53. MAYOR'S REPORT (No report given.) 54. COUNTY ADMINISTRATOR'S REPORT (No report given.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUPPLEMENTAL AGENDA REQUEST TO SET FOR PUBLIC HEARING 55. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on March 7, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO CORONARY CALCIUM SCAN DISCLOSURES; CREATING SECTION 15-1 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) TO REQUIRE CERTAIN DISCLOSURES, AND AMENDING SECTION 8½-16 TO ADD FINES FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. Page 21 of 22 County Commission Action Agenda - Published February 20, 2024 (Sponsored by Commissioner Mark D. Bogen) (Item numbers 49 and 55 were heard concurrently.) ACTION: (T-1:41 PM) Approved Resolution No. 2024-064 as amended for Public Hearing to be held March 21, 2024, and with direction to staff as recited by Commissioner Udine. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material, dated February 20, 2024, submitted at the request of Office of the County Attorney.) VOTE: 8-0. Mayor Rich voted in the affirmative telephonically. Commissioner Ryan was out of the room during the vote. NON-AGENDA 56. CANVASSING BOARD - COMMISSIONER UDINE ACTION: (T-7:36 PM) Commissioner Udine advised that he would be sitting in for Mayor Rich for presidential preference primary election canvassing tomorrow morning at 10:00 a.m. (Refer to minutes for full discussion.) Page 22 of 22