January 28, 2014 Meeting 10:05 A.M
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January 28, 2014 Meeting 10:05 a.m. COMMISSION MINUTES ACTION AGENDA MEETING OF JANUARY 28, 2014 (Meeting convened at 10:05 a.m., and adjourned at 12:09 p.m.) PLEDGE OF ALLEGIANCE was led by Commissioner Dale V.C. Holness, District 9. CALL TO ORDER was led by Mayor Barbara Sharief, District 8. MOMENT OF SILENCE In memory of West Park City Commissioner Sharon Fyffe. In memory of servicemen and servicewomen serving our country. COMMISSIONER DISTRICT ATTENDANCE Sue Gunzburger 6 Present Dale V.C. Holness 9 Present Kristin Jacobs 2 Present Martin David Kiar 1 Present Chip LaMarca 4 Present Stacy Ritter 3 Present Tim Ryan 7 Present Barbara Sharief 8 Present Lois Wexler 5 Present "BROWARD MEANS BUSINESS" MOMENT CONSENT AGENDA A motion was made by Commissioner Gunzburger, seconded by Commissioner LaMarca and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 36. At the request of the Mayor, Regular Items 38, 41, 42, 43, 44, 46 and 47 were transferred to the Consent Agenda. Each item voted on the Consent Agenda was passed by unanimous vote of the Commission unless otherwise indicated by record vote. The following items were withdrawn/deferred: 29, 30 and 45. The following items were pulled by the Board and considered separately: 1C, 9, 10, 11, 24 and 27. BOARD APPOINTMENTS 1. MOTION TO APPROVE Board Appointments A. MOTION TO APPOINT Rex Hardin to the Courthouse Task Force. (Mayor Sharief) ACTION: (T-10:23 AM) Approved. VOTE: 9-0. B. MOTION TO APPOINT Ms. Lisa Aronson to the Broward County Planning Council in the category of “elected official and registered voter living in the district”. (Commissioner Jacobs) ACTION: (T-10:23 AM) Approved. VOTE: 9-0. C. MOTION TO APPOINT Sheldon McCartney to the Historical Commission. (Commissioner Wexler) (Commissioner Wexler pulled this item.) ACTION: (T-10:23 AM) Approved. As relates to the Historical Commission's meetings, the Board requested that language be revised in the Administrative Code and brought back to the Board, surrounding RSVP's and absences. (Refer to minutes for full discussion.) VOTE: 9-0. AVIATION DEPARTMENT 2. A. MOTION TO APPROVE Consent to Leasehold Mortgage between Broward County and Diversified Aviation NP LLC; for Branch Banking and Trust Company, a Florida banking corporation; pursuant to the requirements of the Agreement of Lease between Broward County and Diversified Aviation NP, LLC; and authorize Mayor and Clerk to execute same. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. B. MOTION TO APPROVE Memorandum of Lease between Broward County and Diversified Aviation NP LLC; to provide notice to the existence of the Agreement of Lease; and authorize Mayor and Clerk to execute same. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. 3. A. MOTION TO ADOPT Resolution 2014-028 authorizing the Mayor to execute a Florida Department of Transportation, Joint Participation Agreement Grant No. 434539-1-94-01, in the amount of $64,830, to financially participate in the project to rehabilitate the apron pavement at North Perry Airport, and to authorize the County Administrator to make the necessary administrative and budgetary actions to execute the Grant Agreement and approve any non-monetary amendments to the Agreement. This Agreement requires a County match of $64,830. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2014-029 in the Aviation North Perry Fund (4070) for the Aviation Department in the amount of $64,830 to rehabilitate the apron pavement at North Perry Airport. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. C. MOTION TO ADOPT budget Resolution 2014-030 transferring funds within the Aviation North Perry Fund (4070) in the amount of $64,830 from the North Perry Airport Fund reserves for the purpose of providing the cash match required to accept this Florida Department of Transportation Grant. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. PUBLIC WORKS DEPARTMENT HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 4. MOTION TO APPROVE Local Area Program Agreement between Broward County and the Florida Department of Transportation providing for $303,000 in Federal funds to the County for sidewalk construction along the west right-of-way of Lyons Road from Florida’s Turnpike to the entrance of Fern Forest Nature Center, effective upon execution by the Florida Department of Transportation; and authorize the Mayor and Clerk to execute same. (Commission District 2) ACTION: (T-10:23 AM) Approved. VOTE: 9-0. REAL PROPERTY SECTION 5. MOTION TO APPROVE Memorandum of Understanding between Broward County, Landlord and Broward Sheriff's Office (BSO), Tenant, permitting temporary occupancy by Broward Sheriff's Office of a County-owned facility located at 624 NW 15 Way in Fort Lauderdale for a term of six months commencing on January 28, 2014 and terminating on July 31, 2014 with two 6-month renewal options at the discretion of the County, requiring BSO to pay the County all costs incurred by the County to operate, maintain and repair the property during the term of BSO's occupancy, or anticipated to be approximately $2,400 monthly; and authorize the Mayor and Clerk to execute the same. (Commission District 9) ACTION: (T-10:23 AM) Approved. VOTE: 9-0. WATER MANAGEMENT DIVISION 6. MOTION TO APPROVE Joint Funding Agreement among Broward County, Palm Beach County, City of Sunrise, City of Fort Lauderdale, City of Hallandale Beach, Town of Davie, City of Boca Raton, City of West Palm Beach, Lake Worth Drainage District and City of Boynton Beach for Third-Party Assessment of C-51 Reservoir Costs at an estimated cost to the County of $28,125 which is 18.75% of the total estimated cost of $150,000, effective upon execution; and authorize the Mayor and Clerk to execute same. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. TRANSPORTATION DEPARTMENT TRANSIT DIVISION 7. MOTION TO APPROVE First Amendment to the Wave Modern Streetcar Interlocal Partnership Agreement among Broward County, the Broward Metropolitan Planning Organization, the City of Fort Lauderdale, the Downtown Development Authority of the City of Fort Lauderdale, and the South Florida Regional Transportation Authority in coordination with capital stakeholders, the Federal Transit Administration, and the Florida Department of Transportation; revising language related to the City of Fort Lauderdale's capital financial contribution; and to authorize the Mayor and Clerk to execute same. (Per the Tuesday Morning Memorandum, Replacement of Exhibit 1. Original signatures for all of the other parties to this agreement were received and approved by the SFRTA on 1/14/14.) ACTION: (T-10:23 AM) Approved. VOTE: 9-0. 8. A. MOTION TO ADOPT Resolution 2014-031 of the Board of County Commissioners of Broward County, Florida, authorizing the Mayor to Execute and File a Supplemental Joint Participation Agreement with the Florida Department of Transportation (FDOT), District 4, in the amount of $2,100,000, for a total of $19,250,000, to provide supplemental funding for operations and maintenance of the 595 Express Bus Service; authorizing the County Administrator to take necessary administrative actions; authorizing the Director of the Transit Division to execute extensions; and providing for an effective date. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. B. MOTION TO ADOPT unanticipated revenue Resolution 2014-032 to increase the Operating Grant Fund (8147) for the Transit Division, in the amount of $2,100,000, to provide funding for operations and maintenance of the 595 Express Bus Service. ACTION: (T-10:23 AM) Approved. VOTE: 9-0. 9. MOTION TO ADOPT Resolution 2014-033 of the Board of County Commissioners of Broward County, Florida, Authorizing the Mayor and Clerk to execute and file a Public Transportation Supplemental Joint Participation Agreement (JPA) for $9,308,986, which requires a match by Broward County for a total annual project cost of $18,617,972 to provide funding assistance to Broward County for transportation operating services; and providing for an effective date. The term of this supplemental JPA is from date of execution through December 31, 2014. (Vice Mayor Ryan pulled this item.) ACTION: (T-10:27 AM) Approved. The Board requested that information related to overall transportation costs be provided to the Board at the Board's Retreat on Friday, March 7, 2014. (Refer to minutes for full discussion.) VOTE: 9-0. COUNTY COMMISSION 10. MOTION TO DIRECT County Attorney's Office to amend Chapter 7, of the Broward County Code of Ordinances, relating to Licensure of Child Care Facilities; to codify changes to Chapter 402, Florida Statute, Rule 65C-22, and provide for more stringent standards related to nutrition, physical activity and screen time for children. (Commissioner Kiar) (Commissioners Jacobs and Wexler pulled this item.) ACTION: (10:31 AM) Approved with the Yellow-Sheeted Additional Material, dated January 28, 2014, submitted at the request of the Human Services Department. The Board requested that staff find resources for child care facilities from programs such as the Tree Preservation Program and/or other programs to address landscaping so as to provide shade at child care facilities, as well as to revise language as to nutrition and milk and the promotion of outside activities, media time and technical support and bring information back to the Board in tandem with today's approval of this item while staying consistent with state and federal guidelines. (Refer to minutes for full discussion.) VOTE: 9-0. COUNTY ADMINISTRATION CULTURAL DIVISION 11. MOTION TO FILE semi-annual incentive report for the second half of Fiscal Year 2013 in accordance with Chapter 29, Part II, Section 29.17(h.) of the Broward County Administrative Code relating to the Cultural Division’s cultural incentive agreements. (Commissioner Holness pulled this item.) ACTION: (T-10:59 AM) Approved.