County Commission

Tuesday, February 9, 2021 10:00 AM Broward County Broward County Governmental Center Room 422 (Commission Chambers) County Commission Action Agenda - Published County Commission Action Agenda - Published February 9, 2021 Page 1 of 1 County Commission Action Agenda - Published February 9, 2021 MEETING OF FEBRUARY 9, 2021 (Meeting convened at 10:06 a.m., and adjourned at 1:02 p.m.) PLEDGE OF ALLEGIANCE was led by Commissioner Nan H. Rich, District 1. CALL TO ORDER was led by Mayor Steve Geller, District 5. MOMENT OF SILENCE FBI Special Agents Daniel Alfin and Laura Schwartzenberger. Dr. Stephen Geller, Coral Springs. Dr. Delania Williams Cunningham, Marjory Stoneman Douglas High School Assistant Principal. Danny O’Brian, Southeast Pompano community activist. All victims of COVID-19. In memory of our past and present brave men and women of the United States Armed Forces who served our country and continue to serve our country at home and abroad. THOUGHTS AND PRAYERS Thoughts and prayers for First Responders. Commissioner Mark D. Bogen Commissioner Lamar P. Fisher Commissioner Beam Furr Mayor Steve Geller Commissioner Dale V.C. Holness Commissioner Nan H. Rich Commissioner Tim Ryan Commissioner Barbara Sharief Vice-Mayor Michael Udine Present: CONSENT AGENDA A motion was made by Commissioner Furr, seconded by Vice-Mayor Udine and unanimously Page 1 of 27 County Commission Action Agenda - Published February 9, 2021 carried, to approve the Consent Agenda consisting of Items 1 through 22. At the request of the Mayor, Regular Item 35 and Supplemental Items 38, 39 and 40 were transferred to the Consent Agenda. Consent Agenda Item Number 22 was transferred from the Consent Agenda to the Regular 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 23 through 33. The following Item was deferred: 25. The following Items were pulled by the Board and considered separately: 5, 13 and 21. The following Items were pulled by members of the public and considered separately: 11 and 19. BOARD APPOINTMENTS 1. MOTION TO APPROVE Board Appointments 1A. MOTION TO APPOINT Emma Collum to the Parks and Recreation Advisory Board. (Commissioner Ryan) ACTION: (T-10:43 AM) Approved with Yellow-Sheeted Additional Material, dated February 9, 2021 submitted at the request of Commissioner Ryan. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 1B. MOTION TO APPOINT Johnathan Lightfoot to the Consumer Protection Board. (Commissioner Rich) ACTION: (T-10:43 AM) Approved with Yellow-Sheeted Additional Material, dated February 9, 2021 submitted at the request of Commissioner Rich. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 1C. MOTION TO REAPPOINT Jeannette Leilani Rostin Kicklighter to the Broward Regional Health Planning Council. (Commissioner Rich) ACTION: (T-10:43 AM) Approved with Yellow-Sheeted Additional Material, dated February 9, 2021 submitted at the request of Commissioner Rich. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. HUMAN SERVICES DEPARTMENT Page 2 of 27 County Commission Action Agenda - Published February 9, 2021 COMMUNITY PARTNERSHIPS DIVISION 2. MOTION TO NOTE FOR THE RECORD correction to previously approved funding in Agreement No. 19-CP-HIP-8470-ESG-02 between Broward County and Broward Partnership for the Homeless, Inc., to reflect the budgeted funding increase from $44,019 to $526,733, rather than $163,019 to $645,733. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. PORT EVERGLADES DEPARTMENT 3. MOTION TO APPROVE Second Amendment to Port Everglades Passenger Cruise Terminal and Berth User Agreement between Broward County and Carnival Corporation to remove passenger cruise ship Berth No. 4 and its associated passenger cruise terminal facility from the list of designated preferential berths; provide for a fourth non-designated preferential passenger cruise ship berth and its adjoining passenger cruise terminal facility upon 24-months' notice; revise the Annual Port User Charges Guaranteed Payment provisions; revise the Work Letter for passenger Cruise Terminal 21 improvements; revise cruise passenger movements volume incentive payments; recognize and implement an uncontrollable force event; and make other changes; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT 4. A. MOTION TO APPROVE one-year extension to the duration of the job creation schedule for Project BLAZE, a project previously recommended for approval by the Broward County Board of County Commissioners (“Board”) on December 1, 2015 (Item No. 34) as a qualified applicant for participation in the State of Florida Qualified Targeted Industry Tax Refund Program (“QTI”), and approved by the Board for participation in the Broward County Direct Cash/Job Creation Incentive Grant Program. (Commission District 1) ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. B. MOTION TO AUTHORIZE County Administrator to approve and execute: (1) an amendment to the Project Blaze Agreement and all other necessary documents to effectuate the one-year extension to the job creation schedule; and (2) any other amendments necessary to effectuate future extensions to the job creation schedule as may be approved by the County Administrator; provided there is no increase in the Page 3 of 27 County Commission Action Agenda - Published February 9, 2021 County’s financial obligations or any decrease in the total number of jobs to be created under the schedule, with all such amendments subject to review for legal sufficiency by the Office of the County Attorney. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 5. MOTION TO APPROVE Greater Fort Lauderdale Alliance (hereinafter referred to as “Alliance”) Fiscal Year 2020 Quarterly Performance Report for the period of July 1, 2020 through September 30, 2020, and Fiscal Year 2020 Annual Year-End Summary Reports against the Alliance business plan, pursuant to the agreement between Broward County and the Alliance. (This item was pulled by Vice-Mayor Udine.) ACTION: (T-10:44 AM) Approved. The Board requested that efforts be made to attract Goldman Sachs to Broward County. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 6. A. MOTION TO APPROVE Joseph Fagen for participation in the Broward Municipal Services District (BMSD) Economic Development Program for the strip mall commercial property located at 973 NW 27th Avenue in the Broward Municipal Services District (BMSD) and to authorize the County Administrator, or designee, to execute all necessary documents approved by the Office of the County Attorney to effectuate participation in the Program. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. B. MOTION TO APPROVE Amjad Hammad for participation in the Broward Municipal Services District (BMSD) Economic Development Program for the convenience retail store commercial property located at 981 NW 27th Avenue in the BMSD and to authorize the County Administrator, or designee, to execute all necessary documents approved by the Office of the County Attorney to effectuate participation in the Program. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. C. MOTION TO APPROVE Amjad Hammad for participation in the Broward Municipal Services District (BMSD) Economic Development Program for the retail beauty supply store commercial property located at 931 NW 27th Avenue in the BMSD and to authorize Page 4 of 27 County Commission Action Agenda - Published February 9, 2021 the County Administrator, or designee, to execute all necessary documents approved by the Office of the County Attorney to effectuate participation in the Program. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. COUNTY ATTORNEY 7. MOTION TO APPROVE settlement, including costs and attorney’s fees, in the case of Kerry McNamara vs. Broward County, 17th Judicial Circuit Court Case No. CACE 18-026094 (03). ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. REQUEST TO SET FOR PUBLIC HEARING 8. MOTION TO ADOPT Resolution No. 2021-040 directing the County Administrator to publish Notice of Public Hearing to be held on February 23, 2021, at 10:00 a.m., to consider enactment of an Ordinance adopting a proposed amendment to the Broward County Land Use Plan text (PCT 20-7), regarding the existing Pompano Beach John Knox Village Activity Center (Commission District 4), as an amendment to the Broward County Comprehensive Plan, the substance of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ADOPTING AN AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN TEXT REGARDING THE POMPANO BEACH JOHN KNOX VILLAGE ACTIVITY CENTER; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 9. MOTION TO ADOPT Resolution No. 2021-041 directing the County Administrator to publish Notice of Public Hearing to be held on February 23, 2021, at 10:00 a.m., to consider enactment of an Ordinance adopting a proposed amendment to the Broward County Land Use Plan Natural Resource Map Series (PCNRM 20-2), to amend the Priority Planning Areas for Sea Level Rise Map, as an amendment to the Broward County Comprehensive Plan. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. Page 5 of 27 County Commission Action Agenda - Published February 9, 2021 10. MOTION TO ADOPT Resolution No. 2021-042 directing the County Administrator to publish Notice of Public Hearing to be held on February 23, 2021, at 10:00 a.m., to consider enactment of an Ordinance adopting a proposed amendment to the Broward County Land Use Plan text (PCT 20-8), to revise the Climate Change Resilience Strategy CCR-2 for consistency with the update of the Priority Planning Areas for Sea Level Rise Map, as an amendment to the Broward County Comprehensive Plan. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 11. MOTION TO ADOPT Resolution No. 2021-043 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center 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, AMENDING THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); PROVIDING FOR CHANGES TO CHAPTERS 2, 13, AND 14 OF THE ADMINISTRATIVE CODE TO REFLECT CHANGES TO THE ORGANIZATION OF THE PROFESSIONAL STANDARDS/HUMAN RIGHTS SECTION, THE INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION, AND THE GRANTS ADMINISTRATION SECTION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. (This item was pulled by a member of the public.) ACTION: (T-10:57 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. Page 6 of 27 County Commission Action Agenda - Published February 9, 2021 12. MOTION TO ADOPT Resolution No. 2021-044 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center 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 QUALIFICATIONS OF MEMBERS OF THE INDEPENDENT TRANSPORTATION SURTAX OVERSIGHT BOARD; AMENDING SECTION 31½-75 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) (Per the Tuesday Agenda Memorandum, the Board's consideration of Item 12 is based upon Additional Material submitted as Item 12(2). ACTION: (T-10:43 AM) Approved as amended with Yellow-Sheeted Additional Material 12(2) dated February 9, 2021 submitted at the request of County Administration. (See Yellow-Sheeted Additional Material 12, dated February 9, 2021 submitted at the request of County Administration.) VOTE: 8-0. Commissioner Bogen was out of the room during the vote. ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION 13. MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending sections 27-192 and 27-200 (b) of the Broward County Code of Ordinances; providing for application of the Future Conditions 100-year Flood Elevation Map in establishing the lowest habitable finished floor elevation for development. (This item was pulled by Commissioner Furr.) ACTION: (T-10:47 AM) Approved. (Refer to minutes for full discussion.) (Scrivener's Error - See the Tuesday Agenda Memorandum: Summary/Explanation: Page 2, 1st Paragraph, Line 4, currently reads:...sea level rise adaption planning... and should read: sea level rise adaptation planning... Summary/Explanation: Page 2, 2nd Paragraph, Line 2, currently reads: Board of County Commissioner... and should read: Board of County Commissioners...) VOTE: 8-0. Commissioner Bogen was out of the room during the vote. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT Page 7 of 27 County Commission Action Agenda - Published February 9, 2021 14. MOTION TO FILE Quarterly Investment Report as required by Section 218.415(15), Florida Statutes and Section 22.93 of the Broward County Administrative Code. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. PURCHASING DIVISION For Transportation Department 15. MOTION TO RESCIND award of open-end contract to low responsive, responsible bidder, Johnson Controls, Inc., for Closed Circuit Television System Install, Repair, Support and Maintenance, Solicitation No. TRN2118574B2, for the Broward County Transportation Department, in the annual estimated amount of $279,067, for a three-year potential estimated amount of $837,201. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. Page 8 of 27 County Commission Action Agenda - Published February 9, 2021 COUNTY ADMINISTRATION CULTURAL DIVISION 16. MOTON TO APPROVE First Amendment to the Audit Services Agreement Between Broward County ("County"), City of Fort Lauderdale ("City"), the Performing Arts Center Authority ("PACA"), and Alberni, Caballero & Fierman, LLP (“ACF”) for audit services of PACA's records ("Audit Agreement"), to extend the term of the Audit Services Agreement for an additional year; reduce the payment for Fiscal Year 2020 to $36,701; provide for payment of audit services for Fiscal Year 2021 in an amount not-to-exceed $36,701; and authorize the Mayor and Clerk to execute same. (Commission District 7) ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. GRANTS ADMINISTRATION 17. MOTION TO AUTHORIZE County Administrator to negotiate and execute any necessary amendments and agreements related to the two subrecipient agreements between Broward County and the City of Pompano Beach to accept funds from the U.S. Department of Justice. The awards are Fiscal Year 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Grant Program (Award Number 2018-DJ-BX-0884) and Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Grant Program (Award Number 2019-DJ-BX-0432), approved by the County Commission on December 8, 2020 (Agenda Item Nos. 24 and 25), provided there is no increase in the County’s financial obligations and subject to review for legal sufficiency by the Office of the County Attorney. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. INTERGOVERNMENTAL AFFAIRS/BOARDS SECTION 18. MOTION TO APPROVE appointment of Gordon Weekes to the Racial Equity Task Force in the category of “Office of the Public Defender for the Seventeenth Judicial Circuit of Florida.” ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 19. A. MOTION TO APPROVE appointment of Lynne Wines to the Homeless Continuum of Care (HCOC) Board in the category of the “Greater Fort Lauderdale Alliance.” Page 9 of 27 County Commission Action Agenda - Published February 9, 2021 (This item was pulled by a member of the public.) ACTION: (T-11:01 AM) Approved. (Scrivener’s Error - See the Tuesday Agenda Memorandum: Summary/Explanation: Page 1, Line 3, currently reads: …One voting member category provides for a CareerSource Broward Representative to serve on the HCOC. Should read: One voting member category provides for a Greater Fort Lauderdale Alliance representative to serve on the HCOC. Additionally, Summary/Explanation: Page 2, Line 7, currently reads: The County Attorney has determined that Mr. Moffett qualifies for appointment…. Should read: The County Attorney has determined that Ms. Wines qualifies for appointment…) VOTE: 9-0. B. MOTION TO APPROVE waiver of conflict under Section 112.313(7)(a), Florida Statutes for Lynne Wines who holds an employment or contractual relationship with an entity who receives funds from Broward County. (This item was pulled by a member of the public.) ACTION: (T-11:01 AM) Approved. (Scrivener’s Error - See the Tuesday Agenda Memorandum: Summary/Explanation: Page 1, Line 3, currently reads: …One voting member category provides for a CareerSource Broward Representative to serve on the HCOC. Should read: One voting member category provides for a Greater Fort Lauderdale Alliance representative to serve on the HCOC. Additionally, Summary/Explanation: Page 2, Line 7, currently reads: The County Attorney has determined that Mr. Moffett qualifies for appointment…. Should read: The County Attorney has determined that Ms. Wines qualifies for appointment…) VOTE: 9-0. Page 10 of 27 County Commission Action Agenda - Published February 9, 2021 LIBRARIES DIVISION 20. A. MOTION TO RETROACTIVELY APPROVE Grant Agreement for Project 20-CARES-01 between Florida Department of State, Division of Library Information Services and the Broward County Board of County Commissioners, for, and on behalf of, the Broward County Library, effective November 25, 2020 through September 30, 2021, in the amount of $54,485 for the project “My Digital Summer Learning Program” which will bridge the digital divide and support digital equity; authorizing the County Administrator to take all administrative or budgetary actions to implement the grant and accept funding; and authorize the Mayor to execute same. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. B. MOTION TO ADOPT budget Resolution No. 2021-045 in the grant fund for the Libraries Division in the amount of $54,485 to fund the My Digital Summer Learning Program. ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. COUNTY AUDITOR 21. MOTION TO ACKNOWLEDGE AND FILE Office of the County Auditor’s Follow-up Review of Audit of Child Care Licensing and Enforcement (Report No. 19-10) - Report No. 21-04. (This item was pulled by Commissioner Furr.) ACTION: (T-10:49 AM) Approved. The Board requested that the Children's Services Council and the Early Learning Coalition assist with increasing quality assurance criteria with promotion through Childcare Licensing. In addition, the Board requested seeking additional funding for high poverty and unemployment areas. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Ryan was out of the room during the vote. COUNTY COMMISSION 22. MOTION TO ADOPT Resolution No. 2021-046 the title of which is as follows: (Commissioner Holness) A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ACCEPTING A DONATION OF TWENTY-FIVE THOUSAND Page 11 of 27 County Commission Action Agenda - Published February 9, 2021 DOLLARS ($25,000) FROM SIEBERT WILLIAMS SHANK & CO., LLC, TO BE UTILIZED FOR THE PURPOSE OF ASSISTING ORGANIZATIONS IN BROWARD COUNTY AFFECTED BY THE COVID-19 PANDEMIC; AUTHORIZING THE COUNTY ADMINISTRATOR TO TAKE ALL ADMINISTRATIVE AND BUDGETARY ACTIONS REQUIRED TO IMPLEMENT ACCEPTANCE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (This item was transferred from the Consent Agenda to the Regular Agenda.) ACTION: (T-11:03 AM) Approved as amended with Yellow-Sheeted Additional Material 22(2) dated February 9, 2021 submitted at the request of Commissioner Rich. (See Yellow-Sheeted Additional Material 22, dated February 9, 2021 submitted at the request of Commissioner Holness.) VOTE: 8-1. Commissioner Bogen dissented. Page 12 of 27 County Commission Action Agenda - Published February 9, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC HEARING 23. MOTION TO ADOPT Resolution No. 2021-047 to vacate a portion of a portion of a 35-foot Right-of-Way and a variable width utility easement lying within Parcel A of Solomon Office Park Plat, as recorded in Plat Book 121, Page 13 of the Public Records of Broward County, Florida, located at 7850 Pasadena Boulevard in the City of Pembroke Pines; Petitioners: Ventura Pointe Apartments, LLC; Agent: Craven Thompson and Associates, Inc.; Application for Vacation and Abandonment: 2020-V-02. (Commission District 6) ACTION: (T-11:16 AM) Approved. (Refer to minutes for full discussion.) VOTE: 8-0. Vice-Mayor Udine abstained from voting and was out of the room during the vote. 24. MOTION TO ADOPT Resolution No. 2021-048 to vacate a portion of a portion of a 50-foot utility easement lying within Tract A of Plantation Plaza Plat, as recorded in Plat Book 68, Page 25 and a variable width utility easement lying within Tract A of Swindell’s Subdivision No. 2 Plat, as recorded in Plat Book 68, Page 32 of the Public Records of Broward County, Florida, located at 311 North State Road 7 in the City of Plantation; Petitioners: Plantation Apartments, L.P.; Agent: Craven Thompson and Associates, Inc.; Application for Vacation and Abandonment: 2020-V-10. (Commission District 9) ACTION: (T-11:16 AM) Approved. (Refer to minutes for full discussion.) VOTE: 8-0. Vice-Mayor Udine abstained from voting and was out of the room during the vote. 25. MOTION TO ADOPT Resolution to vacate a portion of a ten-foot utility easement lying within Parcel A of Lanzo Industrial Center Plat, as recorded in Plat Book 111, Page 14 of the Public Records of Broward County, Florida, located at 4251 Northwest 19 Avenue in the City of Deerfield Beach; Petitioners: Crystal Lake Commerce Center, LLC; Agent : Kalis Kleiman and Wolfe.; Application for Vacation and Abandonment: 2020-V-12. (Commission District 4) (Per the Tuesday Agenda Memorandum, this item is being deferred at the request of staff due to an advertising error. The item is expected to be resubmitted on February 23, 2021 to set a new Public Hearing date.) 26. MOTION TO ADOPT Resolution No. 2021-049 to vacate a 20-foot utility easement lying within Tract K of the Land Section 4 Golf Course Plat, as recorded in Plat Book 88, Page 20 of the Public Records of Broward County and located at 7801 Northwest 80 Avenue in the City of Tamarac; Petitioners: Woodmont Country Club, Inc.; Agent: Michael Vonder Page 13 of 27 County Commission Action Agenda - Published February 9, 2021 Meulen, Keith & Associates, Inc.; Application for Vacation and Abandonment: 2019-V-09. (Commission District 3) ACTION: (T-11:18 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. 27. MOTION TO ADOPT Resolution No. 2021-050 to vacate a portion of the 100-foot by 82-foot traffic control device easement and portions of the variable width landscape buffer easement, both lying within Lots 1 and 2 of Miramar Central Plaza, as recorded in Plat Book 182, Page 80 of the Public Records of Broward County and generally located at northeast corner of Miramar Parkway and Flamingo Road in the City of Miramar; Petitioners: FC Miramar Phase III, LLC, FC Miramar Phase IV, LLC and FC Miramar Phase V Commercial, LLC; Agent: Dennis D. Mele, Esq., Greenspoon Marder, LLP; Application for Vacation and Abandonment: 2020-V-07. (Commission District 8) ACTION: (T-11:18 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. Page 14 of 27 County Commission Action Agenda - Published February 9, 2021 28. MOTION TO ADOPT Resolution No. 2021-051 of the Board of County Commissioners of Broward County, Florida, granting a nonexclusive franchise to Terminal Security Solutions Inc. for a one-year term to provide marine terminal security services at Port Everglades, from February 9, 2021, through February 8, 2022; providing for franchise terms and conditions; and providing for severability and an effective date. ACTION: (T-11:21AM) Approved. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Sharief was out of the room during the vote. ACTION: (T-11:26 AM) Commissioner Sharief requested being shown voting in the affirmative. VOTE: 9-0. 29. MOTION TO ADOPT Resolution No. 2021-052 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 ANNUAL OPERATING PERMIT FEES FOR WHEELCHAIR ACCESSIBLE TAXICABS; AMENDING SECTION 40.50 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Dale V.C. Holness) ACTION: (T-11:22 AM) Approved. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Sharief was out of the room during the vote. ACTION: (T-11:26 AM) Commissioner Sharief requested being shown voting in the affirmative. VOTE: 9-0. 30. A. 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 EMERGENCIES; AMENDING VARIOUS SECTIONS OF CHAPTER 8 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") REGARDING DECLARATIONS OF EMERGENCIES AND AUTHORIZED EMERGENCY POWERS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) Page 15 of 27 County Commission Action Agenda - Published February 9, 2021 ACTION: (T-11:24 AM) Filed proof of publication and enacted the Ordinance to become effective as provided by law. (Refer to minutes for full discussion.) VOTE: 9-0. B. MOTION TO ADOPT Resolution No. 2021-053 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 MEETINGS; AMENDING SECTION 18.3 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"); AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. ACTION: (T-11:24 AM) Approved. (Refer to minutes for full discussion.) VOTE: 9-0. Page 16 of 27 County Commission Action Agenda - Published February 9, 2021 31. 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 QUASI-JUDICIAL PROCEEDINGS; AMENDING SECTIONS 1-326 AND 1-328 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR DEFINITIONS AND STANDING TO REMOVE ITEMS FROM THE QUASI-JUDICIAL CONSENT AGENDA; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) ACTION: (T-11:24 AM) Filed proof of publication and enacted the Ordinance to become effective as provided by law. (Refer to minutes for full discussion.) VOTE: 9-0. 32. MOTION TO ENACT Ordinance, the title of which is as follows (continued from January 12, 2021 - Item No. 38): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, CREATING THE “BROWARD COUNTY LOCKSMITH ACT”; CREATING DIVISION 8 OF ARTICLE VII OF CHAPTER 20 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); PROVIDING FOR LICENSING OF LOCKSMITHS AND REGISTRATION OF LOCKSMITH BUSINESSES; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 8½-16 OF THE CODE RELATING TO FINES FOR VIOLATIONS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Mark D. Bogen) (Public Hearing Item Numbers 32 and 33 were heard concurrently and voted on separately.) ACTION: (T-11:27 AM) The Board approved Exhibit 8 as modified by Purple-Sheeted Additional Material 32, (Exhibit 10) dated February 9, 2021 submitted at the request of Commissioner Holness, and as proportionally reflected in the first point of Purple-Sheeted Additional Material 32(2) (Exhibit 11) dated February 9, 2021 submitted at the request of the Office of the County Attorney. (Refer to minutes for full discussion.) VOTE: 8-0. Commissioner Furr was out of the room during the vote. ACTION: (T-11:36 AM) Later in the meeting, and through Mayor Geller, Commissioner Furr voted in the affirmative. (Refer to minutes for full discussion.) Page 17 of 27 County Commission Action Agenda - Published February 9, 2021 VOTE: 9-0. ACTION: (T-11:35 AM) The Board approved trespass violations and disqualifying offenses as reflected in Commissioner Holness’s amendments, as well as is additionally reflected in the last point of Purple-Sheeted Additional Material 32(2) (Exhibit 11) dated February 9, 2021 submitted at the request of the Office of the County Attorney. (Refer to minutes for full discussion.) VOTE: 9-0. ACTION: (T-11:36 AM) Filed proof of publication and enacted the Ordinance as amended, to become effective as provided by law, and further amended as described by the County Attorney relative to time requirements, qualifying and disqualifying offenses, the terms and conditions of a sentence, probation, and the date of completion of sentences. Amendments will travel with this Ordinance. (Refer to minutes for full discussion.) VOTE: 9-0. 33. MOTION TO ADOPT Resolution No. 2021-054 Amending the Broward County Administrative Code, the title of which is as follows (continued from January 12, 2021 - Item No. 39): A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT, ENVIRONMENTAL AND CONSUMER PROTECTION DIVISION; AMENDING SECTION 40.50 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE"), TO ESTABLISH FEES FOR LOCKSMITH AND APPRENTICE LOCKSMITH LICENSES AND LOCKSMITH BUSINESS REGISTRATION CERTIFICATES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE. (Public Hearing Item Numbers 32 and 33 were heard concurrently and voted on separately.) ACTION: (T-11:27 AM) Approved as amended with Exhibit 3. (Refer to minutes for full discussion.) VOTE: 9-0. END PUBLIC HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 18 of 27 County Commission Action Agenda - Published February 9, 2021 REGULAR AGENDA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNTY COMMISSION 34. MOTION TO DISCUSS Broward County Board of County Commissioners’ “Parking Garage”. (Commissioner Bogen) ACTION: (T-12:07 PM) Following discussion and referencing the Florida Everglades and the United States Army Corps of Engineers, Commissioner Furr requested that the "Restudy" be added to the "Parking Garage." In addition, Commissioner Furr mentioned his past request for a real estate appraisal relating to Brightline and the Coastal Link, and requested that the identification of stations be added to the "Parking Garage." (Refer to minutes for full discussion.) (See Yellow-Sheeted Additional Material, dated February 9, 2021 submitted at the request of Commissioner Bogen.) 35. MOTION TO APPOINT NOMINEE Vice Mayor Elvin Villalobos to the School Oversight Committee. (Vice-Mayor Udine) (Transferred to the Consent Agenda.) ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 36. MAYOR’S REPORT A. UNITED STATES CENSUS BUREAU ACTION: (T-12:55 PM) Mayor Geller reported that Broward County received a Certificate from the United States Census Bureau for the great work that Broward County performed with the Census. (Refer to minutes for full discussion.) B. VACCINATIONS ACTION: (T-12:56 PM) Mayor Geller pointed out an upcoming Mayors’ call this Friday. In addition, Mayor Geller stated that he feels that 50 percent of the adult population will receive vaccinations by May of 2021 and noted that there are far too many people unwilling to receive vaccinations. In addition, Mayor Geller noted that a sufficient number of vaccines should be Page 19 of 27 County Commission Action Agenda - Published February 9, 2021 received approximately in April of 2021. Mayor Geller encouraged people to make appointments to receive vaccines and to please not show up for vaccines without an appointment. Mayor Geller also asked that people do not arrive 30 minutes early prior to appointments times, so as not to create large lines. Mayor Geller expressed that the Commission is going to have to address the upcoming Spring Break and issues surrounding COVID-19. Further, Mayor Geller reported that Broward County Paratransit customers and persons on vulnerable population lists can utilize Broward County Paratransit to obtain vaccinations. (Refer to minutes for full discussion.) C. 2021 BROWARD COUNTY CANVASSING BOARD ACTION: (T-1:00 PM) As Mayor Geller reported that he is unable to serve on the 2021 Canvassing Board, Mayor Geller appointed Vice-Mayor Udine a substitute member to the 2021 Canvassing Board, as well as appointed Commissioner Furr an alternate member to the 2021 Canvassing Board. (Refer to minutes for full discussion.) D. WEAR MASKS AND SOCIAL DISTANCE ACTION: (T-1:01 PM) Mayor Geller encouraged all to be careful, wear masks and social distance. (Refer to minutes for full discussion.) 37. COUNTY ADMINISTRATOR'S REPORT (No report given.) Page 20 of 27 County Commission Action Agenda - Published February 9, 2021 SUPPLEMENTAL AGENDA OFFICE OF MANAGEMENT AND BUDGET 38. MOTION TO ADOPT budget Resolution No. 2021-055 in the Consolidated Appropriations Act 2021 Fund in the amount of $58,965,475 to appropriate the direct federal assistance from the Treasury Department to Broward County for the emergency rental assistance program in the response to the public health emergency with respect to the COVID -19 pandemic, and to authorize the County Administrator to take all necessary administrative and budgetary actions to implement. (Transferred to the Consent Agenda.) ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. 39. MOTION TO ADOPT budget Resolution No. 2021-056 within the Local Housing Assistance Trust Fund in the amount of $300,000 for the purpose of providing rental and mortgage assistance to residents effected by Coronavirus (COVID-19). (Transferred to the Consent Agenda.) ACTION: (T-10:43 AM) Approved. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. REQUEST TO SET FOR PUBLIC HEARING 40. MOTION TO ADOPT Resolution No. 2021-057 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, February 23, 2021, at 10:00 a.m., in Room 422 of the Governmental Center 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 ZONING; AMENDING SECTION 39-294 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING DESIGN STANDARDS IN COMMERCIAL DISTRICTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. (Sponsored by Commissioner Dale V.C. Holness) (Per the Tuesday Agenda Memorandum, the Board's consideration of this item is based on the revised language for the Ordinance distributed as Additional Material.) (Transferred to the Consent Agenda.) Page 21 of 27 County Commission Action Agenda - Published February 9, 2021 ACTION: (T-10:43 AM) Approved as amended with Yellow-Sheeted Additional Material, dated February 9, 2021 submitted at the request of Environmental Protection and Growth Management Department. VOTE: 8-0. Commissioner Bogen was out of the room during the vote. COUNTY COMMISSION 41. MOTION TO DISCUSS support for a project-based voucher program administered by the Broward County Housing Authority to provide project-specific funding to rehabilitate or construct affordable housing in Broward County. (Commissioner Sharief) ACTION: (T-12:10 PM) Following discussion, the Board welcomed a future broader discussion relating to affordable housing needs in Broward County. (Refer to minutes for full discussion.) NON-AGENDA 42. FUNDING - COMMISSIONER RICH ACTION: (T-12:25 PM) Commissioner Rich referenced upcoming funding issues in the Legislature, and asked if Broward County has the ability for Broward’s Lobbying Team to work with the ADRC, BBHC, and the Urban League so as not to lose monies for services. (Refer to minutes for full discussion.) County Administrator responded in the affirmative. (Refer to minutes for full discussion.) 43. EDUCATION CAMPAIGN FOR VACCINATIONS - COMMISSIONER RICH ACTION: (T-12:27 PM) Commissioner Rich expressed that Broward County needs to start an aggressive education campaign for vaccinations. (Refer to minutes for full discussion.) 44. FUNDING - COMMISSIONER FURR ACTION: Commissioner Furr referenced the United States Army Corps of Engineers stating that funding was denied. Commissioner Furr expressed concern as to funding, sea level rise and draining issues in South Florida. (Refer to minutes for full discussion.) 45. SOLID WASTE WORKING GROUP - COMMISSIONER FURR Page 22 of 27 County Commission Action Agenda - Published February 9, 2021 ACTION: (T-12:31 PM) Commissioner Furr referenced an upcoming Solid Waste Working Group Meeting and expressed hope that a governance structure will be voted on. Commissioner Furr thanked County Administrator Bertha Henry for her work and assistance. (Refer to minutes for full discussion.) 46. SURTAX - COMMISSIONER FURR ACTION: (T-12:31 PM) Commissioner Furr noted that the Second Amendment to the Surtax passed. Commissioner Furr requested that the Board be updated as to the distribution of funding when funding is released. (Refer to minutes for full discussion.) 47. VACCINES AND VACCINATION SITES - COMMISSIONER SHARIEF ACTION: (T-12:32 PM) Commissioner Sharief invited all to submit information to her email address (bsharief@broward.org) relative to religious institutions that may be interested in assisting with vaccinations sites. (Refer to minutes for full discussion.) In addition, Commissioner Sharief requested that information be provided to the governor’s office as relates to senior citizens that are still experiencing difficulty receiving vaccinations. (Refer to minutes for full discussion.) In response to Commissioner Sharief, Commissioner Fisher commented that he will be reaching out to Commissioner Sharief, as he is aware of churches that would be interested in assisting. (Refer to minutes for full discussion.) 48. GREATER FORT LAUDERDALE ALLIANCE LEADERSHIP SPEAKERS SERIES - COMMISSIONER SHARIEF ACTION: (T-12:34 PM) Commissioner Sharief encouraged the Board to watch the Greater Fort Lauderdale Alliance Leadership Speakers Series. (Refer to minutes for full discussion.) 49. WEBINAR - COMMISSIONER SHARIEF ACTION: (T-12:35 PM) Commissioner Sharief provided an overview of an Ahmadiyya Muslim Community webinar that she attended surrounding statistics and issues of racial persecution, inequality, social disparities, disenfranchisement and indifferences. In addition, Commissioner Sharief expressed the need to get children back in school as soon as possible. (Refer to minutes for full discussion.) Page 23 of 27 County Commission Action Agenda - Published February 9, 2021 50. SOUTH FLORIDA INNOVATION ACADEMY - VICE-MAYOR UDINE ACTION: (T-12:37 PM) Vice-Mayor Udine mentioned that the South Florida Innovation Academy at NSU will offer an online program tomorrow wherein information can be obtained as to opening the Joint Center with Broward County, in addition to various other information. (Refer to minutes for full discussion.) 51. COMPLIMENTS - VICE-MAYOR UDINE ACTION: (T-12:39 PM) Vice-Mayor Udine complimented Commissioner Bogen for his work surrounding vaccinations. (Refer to minutes for full discussion.) 52. COMMUNITY COMMEMORATIONS - VICE-MAYOR UDINE ACTION: (T-12:39 PM) Vice-Mayor Udine pointed out community commemorations this weekend, and expressed condolences to everyone as we approach the solemn anniversary of the victims of the Marjory Stoneman Douglas High School tragedy. (Refer to minutes for full discussion.) 53. MEETINGS - VICE-MAYOR UDINE ACTION: (T-12:39 PM) Vice-Mayor Udine asked the County Attorney’s Office to provide information to the Board at some point as to when meetings will open. (Refer to minutes for full discussion.) 54. VACCINATIONS - COMMISSIONER HOLNESS ACTION: (T-12:40 PM) Commissioner Holness expressed the importance of coordinating and obtaining vaccinations; pointing out that information can be found at myvaccine.fl.gov, as well as by calling 866 201 6313. (Refer to minutes for full discussion.) 55. OFFICE OF SMALL BUSINESS AND ECONOMIC DEVELOPMENT - COMMISSIONER HOLNESS ACTION: (T-12:47 PM) Commissioner Holness noted that the Office of Small Business and Economic Development is working and trying to get businesses back on track. For more information on programs, call 954 357 6400 or go to Broward.org/econdev. In addition, a virtual event will be held relative to business and the Surtax. To register, go to bcoesbd.eventbrite.com. (Refer to minutes for full discussion.) Page 24 of 27 County Commission Action Agenda - Published February 9, 2021 56. VACCINES - COMMISSIONER HOLNESS ACTION: (T-12:47 PM) Commissioner Holness noted that volunteers are needed to help the Florida Department of Health distribute vaccines. To volunteer, go to browardmru.com. (Refer to minutes for full discussion.) 57. BLACK HISTORY MONTH CELEBRATIONS - COMMISSIONER HOLNESS ACTION: (T-12:44 PM) Commissioner Holness highlighted the following Black History Month Celebrations: · Seventeenth Judicial Circuit, Broward County Bar Association and the T.J. Reddick Bar Association - A Salute to Frontline Medical Professionals · Broward Black Elected Officials - From Africa to the Americas · United Negro College Fund - Fundraising Event on Friday, March 12, 2021. To register, go to uncf.org/fortlauderdale · African-American Research Library - The Porch is the Tree is the Watering Hole Exhibition Commissioner Holness thanked County Administrator Bertha Henry for displaying information downstairs. (Refer to minutes for full discussion.) 58. VACCINES - COMMISSIONER RYAN ACTION: (T-12:47 PM) Commissioner Ryan asked County Administrator Bertha Henry to expound on the ability to increase daily vaccinations in Broward County. (Refer to minute for full discussion.) In response to Commissioner Ryan, Ms. Henry stated that she believes that Broward County has the capacity to vaccinate 80 percent of Broward County’s population over the age of 16 by the end of June of 2021. (Refer to minutes for full discussion.) In addition, Ms. Henry referenced an upcoming agenda item relative to vaccinations and routine sites for vaccinations, as well as mobile popups under the auspices of the Health Department. Further, Ms. Henry expressed hope for federal assistance. (Refer to minutes for full discussion.) Page 25 of 27 County Commission Action Agenda - Published February 9, 2021 59. VALENTINE’S DAY - COMMISSIONER RYAN ACTION: (T-12:51 PM) Commissioner Ryan recognized trying times for many persons, and encouraged everyone to make Valentine’s Day as special as you can. (Refer to minutes for full discussion.) 60. THANK YOU - COMMISSIONER BOGEN ACTION: (T-12:51 PM) Commissioner Bogen thanked Commissioner Holness for his amendments surrounding Item 32 on today’s Agenda. (Refer to minutes for full discussion.) 61. VACCINATIONS - COMMISSIONER BOGEN ACTION: (T-12:57 PM) Commissioner Bogen stated that vaccination pods were set up in Palm Aire. Commissioner Bogen thanked everyone for their help, as 3,700 appointments were made to receive vaccinations. (Refer to minutes for full discussion.) 62. PREVENTATIVE TESTING - COMMISSIONER BOGEN ACTION: (T-12:53 PM) Commissioner Bogen encouraged the Board to receive preventative cardiovascular testing. In addition, Commissioner Bogen noted that preventative cancer tests should be open to everyone. (Refer to minutes for full discussion.) 63. WELCOME BACK - COMMISSIONER BOGEN ACTION: (T-12:53 PM) Commissioner Bogen welcomed Commissioner Rich back. (Refer to minutes for full discussion.) 64. JOHN KNOX VILLAGE - COMMISSIONER FISHER ACTION: (T-12:54 PM) Commissioner Fisher recognized John Knox Village, as John Knox Village was honored as first place recipient for the Beacon & Pinnacle Awards by the International Council of Active Aging. (Refer to minutes for full discussion.) 65. SEGMENTS II and III SHORELINE PROJECTS - COMMISSIONER FISHER Page 26 of 27 County Commission Action Agenda - Published February 9, 2021 ACTION: (T-12:55 PM) Commissioner Fisher noted that Environmental Planning and Community Resilience Division is hosting a free public webinar on Friday, February 26, 2021 from 11:00-12:30 to discuss recent updates and the current status of Segments II and III shoreline projects. To register, go to Broward.org/beachrenourishment. (Refer to minutes for full discussion.) 66. VACCINE FACILITY - COMMISSIONER FISHER ACTION: (T-12:55 PM) Commissioner Fisher commented that he will continue to advocate to have a large vaccine facility in northeast Broward County. (Refer to minutes for full discussion.) Page 27 of 27