County Commission

Tuesday, December 13, 2022 10:00 AM Broward County Broward County Governmental Center Room 422 (Commission Chambers) County Commission Action Agenda - Published County Commission Action Agenda - Published December 13, 2022 Page 1 of 1 County Commission Action Agenda - Published December 13, 2022 MEETING OF DECEMBER 13, 2022 (Meeting convened at 10:02 a.m. and adjourned at 12:12 p.m.) PLEDGE OF ALLEGIANCE was led by Commissioner Robert McKinzie, District 8. CALL TO ORDER was led by Mayor Lamar Fisher, District 4. MOMENT OF SILENCE 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. Mayor Lamar P. Fisher Commissioner Beam Furr Commissioner Steve Geller Commissioner Robert McKinzie Commissioner Hazelle P. Rogers Commissioner Tim Ryan Commissioner Michael Udine Present: Commissioner Mark D. Bogen Vice-Mayor Nan H. Rich Absent: Commissioner Geller participated telephonically for the entirety of the Consent Agenda and Regular Agenda. CONSENT AGENDA A motion was made by Commissioner McKinzie, seconded by Commissioner Udine and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 41. 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 42 through 49. The following Item was withdrawn: 7. Page 1 of 32 County Commission Action Agenda - Published December 13, 2022 The following Item was deferred: 55. The following Items were continued: 48 and 49. The following Item was pulled from the Consent Agenda by a member of the public and considered separately: 1. BOARD APPOINTMENTS 1. MOTION TO APPROVE Board Appointments 1A. MOTION TO REAPPOINT Rene L. Sweeney to the North Perry Airport Community Advisory Committee in the category “resident from the City of Miramar.” (Commissioner Ryan) (A member of the public pulled this item from the Consent Agenda.) ACTION: (T-10:27 AM) Approved with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Commissioner Ryan. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. AVIATION DEPARTMENT 2. A. MOTION TO APPROVE Interlocal Agreement between Broward County and the Town of Davie, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Page 2 of 32 County Commission Action Agenda - Published December 13, 2022 Cooper City, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. C. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Miramar, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. D. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Plantation, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. E. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Dania Beach, to administer and enforce the Airport Zoning Regulations in the Broward Page 3 of 32 County Commission Action Agenda - Published December 13, 2022 County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. F. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Fort Lauderdale, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. G. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Hollywood, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) Page 4 of 32 County Commission Action Agenda - Published December 13, 2022 ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. H. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Miami Gardens, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. I. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of Pembroke Pines, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. J. MOTION TO APPROVE Interlocal Agreement between Broward County and the City of West Park, to administer and enforce the Airport Zoning Regulations in the Broward County Code of Ordinances as required by Chapter 333, Florida Statutes, in substantially the same form as Exhibits 1-4; and authorize the County Administrator to make Page 5 of 32 County Commission Action Agenda - Published December 13, 2022 nonmaterial changes that do not modify Broward County’s obligations, and to execute the Interlocal Agreement on behalf of Broward County, subject to approval as to legal sufficiency by the Office of the County Attorney. (Per the Tuesday Agenda Memorandum, signature pages for Motions A, B and D have been received. The Board’s consideration of this item is based on the amended Motion C distributed as Additional Material.) ACTION: (T-10:26 AM) Approved as amended with Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Aviation. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. PUBLIC WORKS DEPARTMENT HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 3. A. MOTION TO APPROVE Agreement between Broward County and the City of Oakland Park for the design, installation, and maintenance of landscape, hardscape, and irrigation improvements along Prospect Road, from NW 15th Avenue to North Dixie Highway, at a maximum amount not-to-exceed $340,000 to the County; and authorize Mayor and Clerk to execute same. (Commission Districts 4 and 8) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT budget Resolution in the Constitutional Gas Tax Capital Fund in the amount of $340,000 for the purpose of funding the County’s share of the improvement project along Prospect Road, from NW 15th Avenue to North Dixie Highway, in the City of Oakland Park. ACTION: (T-10:26 AM) Approved Resolution No. 2022-641. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 4. MOTION TO APPROVE Revocable License Agreement between Broward County, Broward Partnership For The Homeless, Inc., and the City of Fort Lauderdale for installation and maintenance of improvements along the east side of NW 7th Avenue north of NW 9th Street, at no cost to Broward County; and authorize Mayor and Clerk to execute same. (Commission District 8) ACTION: (T-10:26 AM) Approved. Page 6 of 32 County Commission Action Agenda - Published December 13, 2022 VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 5. MOTION TO APPROVE Locally Funded Agreement Amendment Number One between Broward County and the Florida Department of Transportation for construction of roadway improvements along Loxahatchee Road from Arthur Marshall Loxahatchee Refuge to SR-7/US-441, at an additional estimated cost of $5,282,208 to the County; and authorize Mayor and Clerk to execute same. (Commission Districts 2 and 3) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. WATER AND WASTEWATER BUSINESS OPERATIONS DIVISION 6. MOTION TO APPROVE Fifth Amendment to Agreement with Bermex Inc. for Water Meter Reading Services, retroactive to September 12, 2022, to renew and extend the agreement and provide for an additional one-year optional renewal period, and to increase the total not-to-exceed contract value from $4,654,365 to $7,187,335 for a total potential contract term of six years; and authorize the Mayor and Clerk to execute same . (Commission Districts 2, 4, 5, 6, 7, 8 and 9) (Per the Tuesday Agenda Memorandum, signature pages have been received.) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. HUMAN SERVICES DEPARTMENT BROWARD ADDICTION RECOVERY CENTER DIVISION 7. MOTION TO APPROVE renewal of Cooperative Contract No. G1253007G1 between the Minnesota Multi-state Contracting Alliance for Pharmacy and Broward County for its Human Services Department, Broward Addiction Recovery Division’s pharmaceutical purchasing program, for an annual amount of $1,000,000, for a nine-month renewal period from January 29, 2023, through October 31, 2023; authorize the Director of Purchasing to automatically renew the Contract for a one-year period, for a total potential estimated amount of $2,000,000. (Per the Tuesday Agenda Memorandum, withdrawn for further staff review.) Page 7 of 32 County Commission Action Agenda - Published December 13, 2022 PORT EVERGLADES DEPARTMENT 8. MOTION TO APPROVE License and Operating Agreement Between Broward County and Florida East Coast Railway LLC to provide reasonable common carrier railway operations on the in-service portions of the Port Everglades Railway, for a 20-year term retroactively beginning on January 1, 2022, and ending on December 31, 2041, with one additional ten-year extension term that can be exercised by Florida East Coast Railway LLC or the Port Everglades Chief Executive/Port Director; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 9. MOTION TO APPROVE First Amendment to Port Everglades Passenger Cruise Terminal and Berth User Agreement between Broward County and Magical Cruise Company, Ltd, d/b/a Disney Cruise Line to, among other things, update the Concept Plans that are being used by the design professional as a baseline for the Final Plans, extend the Construction Plans Approval Date to allow time for the design professional to incorporate the additional design work, increase the project cap to from $14 million to $35 million to accommodate the additional work, modify the Capital Cost Recovery Charge terms and calculation, modify the ownership and maintenance obligations, and update the applicable exhibits; and authorize the Mayor and Clerk to execute same. (Per the Tuesday Agenda Memorandum, signature pages have been received.) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. OFFICE OF MANAGEMENT AND BUDGET 10. A. MOTION TO APPROVE acceptance of payment award by the U.S. Department of Justice (DOJ), Office of Justice Programs, for the Fiscal Year 2021 State Criminal Alien Assistance Program, Award No. 15PBJA-21-RR-05127-SCAA (Exhibit 1), in the amount of $195,365, which the County will pass through to the Broward Sheriff’s Office (BSO); authorizing the County Administrator to approve and submit any documents necessary to accept the payment award, subject to receipt of a written verification from BSO that the data submitted to the DOJ for the payment award was accurate and that the funds will be used only in accordance with the terms of the payment award, and to take all administrative and budgetary actions necessary to implement the payment award. Page 8 of 32 County Commission Action Agenda - Published December 13, 2022 (Per the Tuesday Agenda Memorandum, signature pages have been received.) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT budget Resolution within the BSO DOJ Grants Fund in the amount of $195,365 for Fiscal Year 2021 State Criminal Alien Assistance Program payment award (Exhibit 2). ACTION: (T-10:26 AM) Approved Resolution No. 2022-642. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 11. MOTION TO APPROVE Greater Fort Lauderdale Alliance (hereinafter referred to as the “Alliance”) Fiscal Year 2022 Quarterly Performance Report, for the period from July 1, 2022 through September 30, 2022, and Fiscal Year 2022 Annual Year-End Summary Report, pursuant to the agreement between Broward County and the Alliance. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. REGIONAL EMERGENCY SERVICES AND COMMUNICATIONS EMERGENCY MANAGEMENT 12. A. MOTION TO RETROACTIVELY APPROVE subgrant agreement between Broward County and the Florida Division of Emergency Management in the amount of $ 105,806 to support Broward County's emergency management and preparedness program from July 1, 2022 to June 30, 2023; authorize the County Administrator to execute the Agreement and any amendments thereto that do not increase the financial obligation of the County, subject to review for legal sufficiency by the Office of the County Attorney; and to take the necessary administrative and budgetary actions for the implementation of the grant award. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. Page 9 of 32 County Commission Action Agenda - Published December 13, 2022 B. MOTION TO ADOPT budget Resolution in the amount of $105,806 within the Emergency Management Grant Fund for the purpose of supporting Broward County's emergency management functions. ACTION: (T-10:26 AM) Approved Resolution No. 2022-643. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 13. A. MOTION TO RETROACTIVELY APPROVE agreement between Broward County and the Florida Division of Emergency Management for the period from July 1, 2022, to June 30, 2023, in the amount of $13,861 to support Broward County's hazardous chemical emergency preparedness; authorize the County Administrator to execute the Agreement and any amendments thereto that do not increase the financial obligation of the County, subject to review for legal sufficiency by the Office of the County Attorney; and to take the necessary administrative and budgetary actions for the implementation of the grant award. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT budget Resolution in the amount of $13,861 within the hazardous materials grant fund for the Emergency Management Division for the purpose of updating hazardous material site facility plan data. ACTION: (T-10:26 AM) Approved Resolution No. 2022-644. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. REQUEST TO SET FOR PUBLIC HEARING 14. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 24, 2023, 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 JOB GROWTH/ECONOMIC DEVELOPMENT INCENTIVES ACT; AMENDING SECTIONS 9½-50 THROUGH 9½-55 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) Page 10 of 32 County Commission Action Agenda - Published December 13, 2022 ACTION: (T-10:26 AM) Approved Resolution No. 2022-645. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 15. MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 24, 2023, 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 THE BROWARD COUNTY JOB GROWTH/ECONOMIC INCENTIVES ACT ADMINISTRATIVE PROCEDURES; AMENDING VARIOUS SECTIONS OF CHAPTER 19 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. ACTION: (T-10:26 AM) Approved Resolution No. 2022-646. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. RESILIENT ENVIRONMENT DEPARTMENT 16. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 9 of the Broward County Code of Ordinances (the Code) related to the Central Examining Boards for construction trades to provide for the efficient licensing and regulation of occupations that remain permissible under the Chapter 2021-214 of the Laws of Florida, to be consistent with the recent Charter amendment approved by the Broward County electorate during the 2022 General Election, and to provide general updating amendments to Chapter 9 of the Code. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. ANIMAL CARE DIVISION 17. MOTION TO APPROVE First Amendment to Agreement TEC2114240A1 between Broward County and HLP, Inc. for software licensing, maintenance, and support for Chameleon, the Animal Care Division’s shelter management software (Exhibit 1), extending the term for up to five additional years; increasing the estimated total cost of the services up to $870,000 for the entire contract period; authorizing the Mayor and Clerk to Page 11 of 32 County Commission Action Agenda - Published December 13, 2022 execute same; and authorizing the County Administrator to take all necessary administrative and budgetary actions to implement the Amendment. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. CONSUMER PROTECTION DIVISION 18. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 22½-5 of the Broward County Code of Ordinances (“Motor Carriers”) to provide for a one-year suspension of the provisions of Section 22½-5(d), which provides that a Certificate of Public Convenience and Necessity (“Certificate”) will be deemed abandoned if they are not in use for a consecutive 180 day period, subject to payment of annual permit fees by Certificate holders. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. HOUSING FINANCE DIVISION 19. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, amending and restating Resolution No. 2022-463 entitled “A Resolution of the Board of County Commissioners of Broward County, Florida, authorizing the issuance by the Housing Finance Authority of Broward County, Florida (the “HFA”) of its Multifamily Housing Mortgage Revenue Note, Series 2022 (The Gallery at FATVillage) in a principal amount of not to exceed $62,000,000 (the “Note”) for the purpose of financing the construction and equipping of a multifamily housing project known as The Gallery at FATVillage located in Broward County, Florida; approving and authorizing the execution and delivery of a Land Use Restriction Agreement by and among the HFA, the Bank of New York Mellon Trust Company, N.A., as Fiscal Agent and Related FATVillage, LLC, as Borrower; approving and authorizing the execution and delivery of a Funding Loan Agreement among the HFA, JPMorgan Chase Bank, N.A. and the Fiscal Agent; approving and authorizing the execution and delivery of a Project Loan Agreement among the HFA, the Borrower and the Fiscal Agent; approving and authorizing the execution and delivery of a Placement Agent Agreement for the Note by and among the HFA, Raymond James & Associates, Inc. and RBC Capital Markets, LLC; approving and authorizing the execution and delivery of a Fiscal Agent Fee Agreement by and between the HFA and the Fiscal Agent; approving and authorizing the execution of the Allonge to the Multifamily Note (Project Note); approving and authorizing the execution of the Assignment of Leasehold Mortgage and Security Documents; approving and authorizing the execution and delivery of the Recognition, Attornment and Assent to Leasehold Mortgage (Senior Page 12 of 32 County Commission Action Agenda - Published December 13, 2022 mortgage); approving and authorizing the execution and delivery of certain additional agreements necessary or desirable in connection with the issuance of the Note; authorizing the proper Officers of the HFA to do all things necessary or advisable in connection with the issuance of the Note; approving the Note for purposes of Section 147(f) of the Internal Revenue Code of 1986; and providing for an effective date”.to increase the amount of the Note, among other things; authorizing the proper officers of the HFA to do all things necessary or advisable in connection with the issuance of the Note; approving the Note for purposes of Section 147(f) of the Internal Revenue Code of 1986; and providing for an effective date. (Commission District 4) ACTION: (T-10:26 AM) Approved Resolution No. 2022-647. (Scrivener’s Error - See County Administrator’s Memorandum: Motion statement currently reads: ...in a principal amount not to exceed $62,000,000... Should read: ...in a principal amount not to exceed $42,850,000... ) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 20. MOTION TO ADOPT Resolution of the Board of County Commissioners of Broward County, Florida, authorizing the issuance by the Housing Finance Authority of Broward County, Florida (the “HFA”) of its Multifamily Housing Mortgage Revenue Bonds, Series 2023 (Captive Cove III) in a principal amount of not to exceed $22,000,000 (the “Bonds”) for the purpose of financing the construction and equipping of a multifamily housing project known as the Captiva Cove III located in Broward County, Florida; approving and authorizing the execution and delivery of a Trust Indenture by and between the HFA and the Bank of New York Mellon Trust Company, N.A., as Trustee; approving and authorizing the execution and delivery of a Financing Agreement among the HFA, the Borrower and the Trustee; approving and authorizing the execution and delivery of a Land Use Restriction Agreement by and among the HFA, the Trustee and Captive Cove III Associates, Ltd, as Borrower; approving and authorizing the execution and delivery of a bond Purchase Agreement for the Bonds by and among the HFA, the Borrower and JPMorgan Chase Bank, N.A., as Purchaser; approving and authorizing the execution of the Allonge to Promissory Note; approving and authorizing the execution of the Assignment of Mortgage and Security documents; approving and authorizing the execution and delivery of a Placement Agent Agreement for the Bonds by and among the HFA, RBC Capital Markets, LLC and Raymond James & Associates, Inc.; approving and authorizing the execution and delivery of certain additional agreements necessary or desirable in connection with the issuance of the Bonds; waiving the fee for services related to the HFA’s annual audit of the project; authorizing the proper Officers of the HFA to do all things necessary or advisable in connection with the issuance of the Bonds; approving the bonds for purposes of section 147(f) of the Internal Revenue Code of 1986; Page 13 of 32 County Commission Action Agenda - Published December 13, 2022 and providing an effective date for this Resolution. (Commission District 4) ACTION: (T-10:26 AM) Approved Resolution No. 2022-648. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. URBAN PLANNING DIVISION 21. MOTION TO APPROVE Subordination Agreement related to Declarations of Restrictive Covenants for HTG Fiori, LLC, located on the southeast corner of Washington Street and South Federal Highway, in the City of Hollywood involving the waiver of certain impact fees and to authorize Mayor and Clerk to execute same. (Commission District 6) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 22. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 5 of the Broward County Code of Ordinances (“Land Development Code”) resulting from changes in state law during the 2022 legislative session and to draft other general updating amendments to the Land Development Code that may be necessary. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT RECORDS, TAXES, AND TREASURY DIVISION 23. A. MOTION TO APPROVE minutes of the 10 a.m. Broward County Board of County Commissioners meetings of August 25 and September 8, 2022; and the minutes of the 5:01 p.m. Budget Hearing of September 8, 2022. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO APPROVE FOR FILING supplemental papers pertaining to the plats and other items that were approved in prior years. Page 14 of 32 County Commission Action Agenda - Published December 13, 2022 ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. C. MOTION TO FILE quarterly report, July 2022 through September 2022, of all Ordinances and Resolutions filed by cities and outside agencies. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 24. A. MOTION TO AUTHORIZE County Administrator to designate a publicly accessible website for local government public notices pursuant to House Bill 7049 (Chapter 2022-103, Laws of Florida), including authority to negotiate and execute an agreement with a qualified vendor, subject to review for legal sufficiency by the Office of the County Attorney, to provide the website services to local governments as prescribed in HB 7049, provided such services are at no cost to the County and subject to execution of the form participation agreement referenced in Motion B by local government entities who wish to utilize the website. ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Office of the County Attorney.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO APPROVE form participation agreement in substantially the form of Exhibit 1 for local governments to utilize the County’s designated publicly accessible website; and authorize the County Administrator to execute same, subject to review and approval of any nonmaterial changes by the Office of the County Attorney. ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Office of the County Attorney.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. PURCHASING DIVISION For County Administration 25. MOTION TO AUTHORIZE County Administrator or designee to approve and/or execute agreements, contract amendments, work authorizations, advertisements of competitive Page 15 of 32 County Commission Action Agenda - Published December 13, 2022 solicitations, and other documents during the Broward County Board of County Commissioner’s 2022/2023 Winter Recess (between December 14, 2022 and January 24, 2023), listed on Exhibit 1 to be distributed as additional material, and any other items for which the County Administrator determines approval or execution is in the best interest of the County and delaying action until January 24, 2023 would adversely impact the County’s interests or day-to-day operations, subject to approval of such documents as to legal sufficiency by the Office of the County Attorney; directing the County Administrator to provide a report to the Board identifying any action not listed on Exhibit 1 that imposes a financial obligation on the County in excess of $500,000; and to authorize the County Administrator to take all necessary administrative and budgetary actions to effectuate the authorized actions. (Per the Tuesday Agenda Memorandum, the Board’s consideration of this item is based on information distributed as Additional Material.) ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Finance and Administrative Services.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. BROWARD MUNICIPAL SERVICES DISTRICT 26. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Section 39-352 of the Broward County Code of Ordinances (“Zoning Code”) to update the regulations for fences located in the Airport Transportation District and update cross references. (Per the Tuesday Agenda Memorandum, this item is listed currently under the BMSD portion of the Agenda and should be listed under the Aviation Department instead.) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 27. A. MOTION TO APPROVE Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement between Broward County and the State of Florida, Department of Economic Opportunity to provide grant funding in the amount of $16,676,000 for the Green Infrastructure for Stormwater Flood Mitigation Project for Broadview Park, which requires the County to contribute $5,000,000 in local match funding; and authorize the County Administrator to execute the Subrecipient Agreement and take necessary administrative and budgetary actions to implement the Page 16 of 32 County Commission Action Agenda - Published December 13, 2022 grant and allocate the award. (Commission District 5) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT budget Resolution within the Transportation Surtax Capital Fund to appropriate grant revenue in the amount of $16,676,000 from the State of Florida, Department of Economic Opportunity for the Green Infrastructure for Stormwater Flood Mitigation project. ACTION: (T-10:26 AM) Approved Resolution No. 2022-649. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. GREATER FORT LAUDERDALE CONVENTION AND VISITORS BUREAU 28. A. MOTION TO AUTHORIZE County Administrator to approve and execute a Tourism Sponsorship Agreement between Broward County and the Florida Panthers Hockey Club, Ltd. in connection with Broward County hosting the 2023 National Hockey League’s All-Star Game, in a maximum amount of $750,000, subject to review for legal sufficiency of the agreement by the Office of the County Attorney. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO AUTHORIZE County Administrator to execute Grant Agreement between the Florida Sports Foundation and Broward County, subject to review for legal sufficiency by the Office of the County Attorney, in the amount of $250,000, to fund a portion of the 2023 National Hockey League All-Star Game sponsorship; authorize the County Administrator to approve and execute amendments to the Grant Agreement, provided they do not impose any increased financial obligations on the County, subject to review by the Office of the County Attorney for legal sufficiency; and authorize the County Administrator to take all administrative and budgetary actions necessary to implement the grant. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. Page 17 of 32 County Commission Action Agenda - Published December 13, 2022 29. MOTION TO APPROVE form Media Sublicense Agreement in substantially the form of Exhibit 1 to permit tourism-related businesses and prospective clients to utilize Broward County-owned photography, videography, and other digital media assets for promotional purposes; and authorize the President of the Greater Fort Lauderdale Convention and Visitors Bureau (Visit Lauderdale) to execute same, subject to review of any nonmaterial changes for legal sufficiency by the Office of the County Attorney. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * QUASI-JUDICIAL CONSENT HEARING RESILIENT ENVIRONMENT DEPARTMENT URBAN PLANNING DIVISION 30. MOTION TO APPROVE plat note amendment to FBCCC Plat (018-MP-11). (Commission District 5) ACTION: (T-10:26 AM) Approved the plat note amendment subject to staff’s recommendations as outlined in the Development Review Report for a Plat Note Amendment. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 31. MOTION TO APPROVE plat note amendment to 7-Eleven Hillsboro & 12th (035-MP-18). (Commission District 2) ACTION: (T-10:26 AM) Approved the plat note amendment subject to staff’s recommendations as outlined in the Development Review Report for a Plat Note Amendment. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 32. MOTION TO APPROVE modification to plat notation for 7-Eleven Hillsboro & 12th (035-MP-18). (Commission District 2) ACTION: (T-10:26 AM) Approved. Page 18 of 32 County Commission Action Agenda - Published December 13, 2022 VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 33. MOTION TO APPROVE plat note amendment to Seneca (084-MP-95). (Commission District 6) ACTION: (T-10:26 AM) Approved the plat note amendment subject to staff’s recommendations as outlined in the Development Review Report for a Plat Note Amendment. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. END OF QUASI-JUDICIAL CONSENT HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNTY AUDITOR 34. MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of the Building Code Division’s Unincorporated / Airport & Contract Cities Sections - Report No. 23-05. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 35. MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of the Building Code Division’s Elevator Inspections Section - Report No. 23-06. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 36. MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Audit of Highway and Bridge Maintenance Division’s Oakland Park Blvd Bridge Rehabilitation Project - Report No. 23-04. ACTION: (T-10:26 AM) Approved. Page 19 of 32 County Commission Action Agenda - Published December 13, 2022 VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. COUNTY ADMINISTRATION PARKS AND RECREATION DIVISION 37. MOTION TO AUTHORIZE County Administrator to designate up to three weekends each year when gate entrance fees may be waived at Broward County’s Regional Parks to celebrate park-related events in appreciation of Parks and Recreation Division ’s customers; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement same. ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 38. MOTION TO AUTHORIZE County Administrator to approve and execute a no-cost Revocable License Agreement between Broward County and the City of Pompano Beach for County’s use of an area within Alsdorf Park as a temporary staging area for a construction project at Deerfield Island Park, subject to review for legal sufficiency by the Office of the County Attorney. (Commission Districts 2 and 4) ACTION: (T-10:26 AM) Approved. (Scrivener’s Error - See County Administrator’s Memorandum: Summary Explanation/Background currently reads: Additionally, the City of Deerfield Beach's Revocable License Agreement includes an indemnity provision that would require the county to indemnify, defend, and hold harmless the City... Should read: Additionally, the City of Deerfield Beach's Revocable License Agreement includes an indemnity provision that would require the county to indemnify, defend, and hold harmless the City and the Florida Inland Navigation District... ) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 39. MOTION TO APPROVE First Amendment to License Agreement between Broward County and The Urban Beekeepers Apiary Supply & Management Company, and Consent to Assignment to Broward Beekeepers Association, Inc., for installation and operation of bee apiaries at designated locations within the Broward County Park System, and authorize Mayor and Clerk to execute same. (Commission Districts 2 and Page 20 of 32 County Commission Action Agenda - Published December 13, 2022 5) ACTION: (T-10:26 AM) Approved. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 40. A. MOTION TO ADOPT Resolution, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF SEVEN HUNDRED THOUSAND DOLLARS ($700,000) FROM THE STUART B. REESE LIVING TRUST, TO BE DEPOSITED INTO THE PARKS AND RECREATION GENERAL TRUST FUND AND TO BE USED FOR THE CARE OF RETIRED POLICE HORSES; AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE RECEIPT OF BENEFICIARY ON BEHALF OF BROWARD COUNTY TO ACCEPT THE DONATION AND TO TAKE ALL NECESSARY OTHER ADMINISTRATIVE AND BUDGETARY ACTIONS TO IMPLEMENT ACCEPTANCE OF THE DONATION; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: (T-10:26 AM) Approved Resolution No. 2022-650. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT budget Resolution within the General Capital Outlay Fund in the amount of $228,080 for the development of additional facilities and the renovation of existing infrastructure for the care of retired police horses at Tradewinds Park Education Farm and Gardens. ACTION: (T-10:26 AM) Approved Resolution No. 2022-651. VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. COUNTY COMMISSION 41. A. MOTION TO APPOINT County Commissioners to Board/Authorities/Agencies for a one-year term, as reflected in Exhibit 1, to be distributed as additional material in advance of the December 13, 2022, meeting. (Per the Tuesday Agenda Memorandum, the Board’s consideration of this item is based on information distributed as Additional Material.) ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Mayor Fisher.) Page 21 of 32 County Commission Action Agenda - Published December 13, 2022 VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO APPOINT County Commissioners to serve as the Mayor’s designee to Boards/Authorities/Agencies for a one-year term, as reflected in Exhibit 1, to be distributed as additional material in advance of the December 13, 2022, meeting. (Per the Tuesday Agenda Memorandum, the Board’s consideration of this item is based on information distributed as Additional Material.) ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Mayor Fisher.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. C. MOTION TO APPOINT County Commissioners to serve as the mayor’s designee to Boards/Authorities/Agencies for a specified term, as reflected in Exhibit 1, to be distributed as additional material in advance of the December 13, 2022, meeting. (Mayor Fisher) (Per the Tuesday Agenda Memorandum, the Board’s consideration of this item is based on information distributed as Additional Material.) ACTION: (T-10:26 AM) Approved. (See Regular Meeting Additional Material, dated December 13, 2022, submitted at the request of Mayor Fisher.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC HEARING 42. MOTION TO ADOPT supplemental budget Resolution within the Enterprise Funds in the amount of $5,714,406 primarily to appropriate funds for prior year commitments. ACTION: (T-10:29 AM) Approved Resolution Nos. 2022-652 - 653. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. Page 22 of 32 County Commission Action Agenda - Published December 13, 2022 43. A. MOTION TO ADOPT supplemental budget Resolutions within the General Fund and the Broward Municipal Services District Fund in the amount of $117,281,093 primarily to appropriate funds for prior year commitments. ACTION: (T-10:30 AM) Approved Resolution Nos. 2022-654 - 656. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT supplemental budget Resolution within the County Transportation Trust Fund in the amount of $1,102,870 to appropriate funds for prior year commitments. ACTION: (T-10:30 AM) Approved Resolution Nos. 2022-654 - 656. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 44. A. MOTION TO ADOPT supplemental budget Resolution within the Special Revenue Funds in the amount of <$12,402,035> to appropriate funds for prior year commitments and to provide additional funding for other programs. ACTION: (T-10:31 AM) Approved Resolution Nos. 2022-657 - 690. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. B. MOTION TO ADOPT supplemental budget Resolution within the Capital Outlay Funds in the amount of $7,284,000 to appropriate funds for prior year commitments and to provide additional funding for other programs. ACTION: (T-10:31 AM) Approved Resolution Nos. 2022-657 - 690. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. C. MOTION TO ADOPT supplemental budget Resolution within the Debt Service Funds in the amount of $46,820,188 to appropriate fund balance from the prior year to increase Fiscal Year 2023 appropriations needed since the adoption of the Fiscal Year 2023 budget. ACTION: (T-10:31 AM) Approved Resolution Nos. 2022-657 - 690. (Refer to Page 23 of 32 County Commission Action Agenda - Published December 13, 2022 minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 45. 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 CERTAIN MEMBERSHIP, MEETING, PROCEDURAL, AND SUNSET REQUIREMENTS OF VARIOUS BOARDS, INCLUDING THE COMMUNITY ACTION AGENCY ADVISORY BOARD, THE HOMELESS CONTINUUM OF CARE BOARD, THE SUBSTANCE ABUSE ADVISORY BOARD, THE BICYCLING AND PEDESTRIAN ADVISORY COMMITTEE, THE SMALL BUSINESS DEVELOPMENT ADVISORY BOARD, THE CENTRAL COUNTY COMMUNITY ADVISORY BOARD, AND THE ANIMAL CARE ADVISORY COMMITTEE; AMENDING SECTIONS 12.128 THROUGH 12.134, 12.152 THROUGH 12.155, 12.157, 12.158, 12.207, 12.218, 12.224, 12.225, 12.227, 12.228, 12.240 THROUGH 12.243, 12.289, 12.290, AND 12.293 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. ACTION: (T-10:32 AM) Approved Resolution No. 2022-691. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 46. 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 CERTAIN MEMBERSHIP, MEETING, DUTY, AND APPOINTMENT REQUIREMENTS FOR VARIOUS BOARDS, INCLUDING THE CHILDREN'S SERVICES BOARD, THE BROWARD REGIONAL EMERGENCY MEDICAL SERVICES BOARD, THE HUMAN RIGHTS BOARD, THE ADVISORY BOARD FOR INDIVIDUALS WITH DISABILITIES, AND THE BROWARD COUNTY LIBRARY ADVISORY BOARD; AMENDING SECTIONS 1-484, 1-485, 15-74, 15-75, 16½-21, 16½-88, 16½-93, AND 19-9 THROUGH 19-15 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); REPEALING SECTION 16½-92 OF THE CODE, PERTAINING TO THE ORGANIZATION AND ACTIVITY OF THE ADVISORY BOARD FOR INDIVIDUALS WITH DISABILITIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-10:32 AM) Filed proof of publication and enacted Ordinance No. 2022-52 to become effective as provided by law. (Refer to minutes for full Page 24 of 32 County Commission Action Agenda - Published December 13, 2022 discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 47. 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 PERMIT AND ADMINISTRATIVE FEES AND OTHER CHARGES FOR FILM PRODUCTIONS; AMENDING SECTION 43.21 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. (Sponsored by Senator Steve Geller) ACTION: (T-10:33 AM) Approved Resolution No. 2022-692. (Refer to minutes for full discussion.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. 48. MOTION TO ADOPT Resolution, the title of which is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ALLOCATING TEN (10) RESIDENTIAL FLEXIBILITY UNITS IN ACCORDANCE WITH THE BROWARD COUNTY LAND USE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (Item Numbers 48 and 49 were heard and voted on concurrently.) (Per the Tuesday Agenda Memorandum, these items are expected to be continued to the January 24, 2023 Public Hearing based on staff recommendation and information distributed as Additional Material.) ACTION: (T-10:33 AM) The Board continued Item Numbers 48 and 49 to the January 24, 2023 Commission meeting. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material 48 and 49, dated December 13, 2022, submitted at the request of Resilient Environment.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. QUASI-JUDICIAL PUBLIC HEARING Page 25 of 32 County Commission Action Agenda - Published December 13, 2022 RESILIENT ENVIRONMENT DEPARTMENT URBAN PLANNING DIVISION 49. 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 THE REZONING OF PROPERTY; CHANGING THE ZONING DISTRICT BOUNDARIES BY REZONING TRACT 39, BLOCK 83, OF PALM BEACH FARMS COMPANY PLAT NO. 3, AS RECORDED IN PLAT BOOK 2, PAGE 53, OF THE PUBLIC 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. (Item Numbers 48 and 49 were heard and voted on concurrently.) (Per the Tuesday Agenda Memorandum, these items are expected to be continued to the January 24, 2023 Public Hearing based on staff recommendation and information distributed as Additional Material.) ACTION: (T-10:33 AM) The Board continued Item Numbers 48 and 49 to the January 24, 2023 Commission meeting. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material 48 and 49, dated December 13, 2022, submitted at the request of Resilient Environment.) VOTE: 7-0. Commissioner Geller voted in the affirmative telephonically. Commissioner Bogen and Vice-Mayor Rich were not present. END QUASI-JUDICIAL PUBLIC HEARING END PUBLIC HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * REGULAR AGENDA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 26 of 32 County Commission Action Agenda - Published December 13, 2022 DELEGATION 50. DELEGATION: Greg Jacobs, Carlos Brito & Mary McNamara. RE: Lakeside Park Estates ACTION: (T-10:41 AM) Lakeside Park Estates Delegation request presented by Greg Jacobs. (Refer to minutes for full discussion.) FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT PURCHASING DIVISION For Public Works Department 51. A. MOTION TO AUTHORIZE Director of Purchasing to award open-end contract upon, resolution of the protest, and approve Agreement between Broward County and low bidder, Westmoreland Protection Agency, Inc., for General Security Guard Services at Various County Facilities (Group 1), Bid No. GEN2119058B2, for the Facilities Management Division, for an initial five-year term with no renewals, in the maximum not-to-exceed of $82,827,902, and authorize the Director of Purchasing to execute the same. (Per the Tuesday Agenda Memorandum, at the request of Commissioner Bogen, this item is requested to be deferred.) (Per the Tuesday Agenda Memorandum, the protest was responded to on December 9, 2022, and the protester has 10 days from written determination (response) to file an appeal with the Director of Purchasing. The Board’s consideration of this item is based on information distributed as Additional Material.) ACTION: (T-10:48 AM) Approved. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material 51 and 51(2), dated December 13, 2022, submitted at the request of Finance and Administrative