COMMISSION MINUTES

ACTION AGENDA

MEETING OF DECEMBER 12, 2017

(Meeting convened at 10:27 a.m., recessed at 12:31 p.m., reconvened at 4:23 p.m., and adjourned at 5:41 p.m.)

PLEDGE OF ALLEGIANCE was led by Commissioner Michael Udine, District 3.

CALL TO ORDER was led by Mayor Beam Furr, District 6.

MOMENT OF SILENCE

In memory of our Armed Forces here and abroad.

COMMISSIONER DISTRICT ATTENDANCE Mark D. Bogen 2 Present Beam Furr 6 Present Steve Geller 5 Present Dale V.C. Holness 9 Present Chip LaMarca 4 **Present Nan H. Rich 1 Present Tim Ryan 7 Present Barbara Sharief 8 Present Michael Udine 3 Present

**Commissioner LaMarca was present for the entirety of the Consent Agenda and

1

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

appeared telephonically for a portion of the Regular Agenda.

CONSENT AGENDA

A motion was made by Commissioner Sharief, seconded by Commissioner Udine and unanimously carried, to approve the Consent Agenda consisting of Items 1 through 63. At the request of the Mayor, Regular Items 73, 74, 76, 77, 78, 80, and Supplemental Items 83 and 85 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The following items were withdrawn/deferred: 2, 37, and 71.

The following items were pulled by the Board and considered separately: 32 and 36.

The following items were pulled by the public and considered separately: 17, 19, 27, 34, and 43.

BOARD APPOINTMENTS

1. MOTION TO APPROVE Board Appointments

A. MOTION TO APPOINT Barry Harris to the Parks and Recreation Advisory Board. (Commissioner Udine)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

2

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

AVIATION DEPARTMENT

2. MOTION TO APPROVE Third Amendment to the Agreement between Broward County and SP Plus Corporation (formerly known as Standard Parking Corporation) for Management of Airport Public and Employee Parking Facilities at Broward County's Fort Lauderdale-Hollywood International Airport, to provide reimbursement for increased staffing and Workers' Compensation insurance costs, to increase the Agreement to a total estimated amount of

$46,069,985 through the termination date of December 14, 2018, and to permit SP Plus Corporation to perform additional parking facilities maintenance functions; and authorize Mayor and Clerk to execute same.

(Withdrawn for further staff review.)

3. A. MOTION TO APPROVE Amendment No. 5 to the Agreement of Lease between Broward County and Embraer Aircraft Holding, Inc.; and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO APPROVE Mutual Termination of Sublease Agreement, Attornment and Nondisturbance Agreement between County, Embraer Aircraft

Holding, Inc., and H. Aviation, Inc.; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, Motions B and C - additional statement to the Summary Explanation/Background: The County was not a party to the Guaranty of Sublease dated November 29, 1995, entered into between H. Wayne Huizenga and Embraer Aircraft Corporation as referenced in the Mutual Termination of Sublease Agreement but the County is acknowledging the termination of same.)

3

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

C. MOTION TO APPROVE Consent to Sublease between Embraer Aircraft Holding, Inc. and Azorra Airport Holdings LLC; and authorize the Mayor and Clerk to execute same.

(Per the Tuesday Morning Memorandum, Motions B and C - additional statement to the Summary Explanation/Background: The County was not a party to the Guaranty of Sublease dated November 29, 1995, entered into between H. Wayne Huizenga and Embraer Aircraft Corporation as referenced in the Mutual Termination of Sublease Agreement but the County is acknowledging the termination of same.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

D. MOTION TO APPROVE Consent to Leasehold Mortgage between Broward County, Embraer Aircraft Holding, Inc. and Azorra Airport Holdings LLC; and Community Bank, N.A., pursuant to the requirements of the Agreement of Lease, as amended, between Broward County and Embraer Aircraft Holding, Inc.; and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

E. MOTION TO APPROVE Memorandum of Sublease Agreement between Embraer Aircraft Holdings, Inc. and Azorra Airport Holdings LLC; to provide notice of the Agreement of Sublease, as amended; and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved. (Scrivener’s Error – See County

4

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Administrator’s Report: Motion E currently reads: MOTION TO APPROVE … to provide notice of the Agreement of Sublease, as amended; and authorize the Mayor and Clerk to execute same. Should read: MOTION TO APPROVE … to provide notice of the Agreement of Sublease, as amended.)

VOTE: 8-0. Commissioner Ryan was not present during the vote.

4. A. MOTION TO AUTHORIZE Director of Aviation to enter into an Amendment extending the term of the Airport Advertising Concession Agreement between Broward County and In-Ter-Space, Services Inc. d/b/a Clear Channel Interspace Airports on a month-to-month basis, not to exceed three months, commencing on January 1, 2018.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO AUTHORIZE Director of Aviation to enter into an Amendment extending the term of the Business Technology Service Centers Concession Agreement between Broward County and Fort Lauderdale Business and Currency Services, LLC, on a month-to-month basis, not to exceed three months, commencing on January 1, 2018.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

5. MOTION TO APPROVE Second Amendment to the Airport Shared Ride and Limousine Service Concession Agreement between Broward County and Yellow Airport Limousine Service, A Joint Venture d/b/a GO Airport Shuttle and

Executive Car Service, to extend for a one-year period commencing on January 1, 2018, not to exceed 12 months, and ending on December 31, 2018;

5

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

PUBLIC WORKS DEPARTMENT

CONSTRUCTION MANAGEMENT DIVISION

6. MOTION TO APPROVE Sixteenth Amendment to the Agreement between Broward County and Spillis Candela & Partners/Heery/Cartaya Joint Venture (the Joint Venture) Agreement for additional Consultant Services for Broward County Court Facility to redesign the new 500-car Secure Parking Garage, Request for Letters of Interest (RLI) No. 20030904-0-CM-01, for an increase in basic services in the amount of $347,180, for an increase in the total contract amount from $21,768,577 to $22,115,757, and an increase in contract time of

90 days; and authorize the Mayor and Clerk to execute same. (Commission District 7)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

FACILITIES MANAGEMENT DIVISION

7. MOTION TO APPROVE Second Amendment to the Agreement between Broward County and SP Plus Corporation for Parking Management Services for various Broward County agencies, Request for Proposal (RFP) No.

R1138035P1, for an increase in the contract threshold in the amount of $557,959, for remaining term of year four and optional year five, from the current five-year potential amount of $3,528,654 to a new five-year potential

6

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

amount of $4,086,613. (Commission District 7)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION

8. MOTION TO APPROVE Agreement between Broward County and the City of Miramar for improvements to Miramar Parkway from Southwest 68 Avenue to Southwest 64 Avenue, at a maximum cost of $197,736 to the County; and authorize Mayor and Clerk to execute same. (Commission District 8)

ACTION: (T-10:27 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 1, Page 8, signature page has been edited to reflect the new County Attorney.)

VOTE: 8-0. Commissioner Ryan was not present during the vote.

9. MOTION TO APPROVE Revocable License Agreement between Broward County and the City of Coconut Creek for installation and maintenance of a City entranceway sign within County right-of-way in the median of Lyons Road approximately 3,192 feet north of Hillsboro Boulevard, at no cost to the County; and authorize Mayor and Clerk to execute same. (Commission District 2)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

REAL PROPERTY SECTION

7

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

10. MOTION TO ADOPT Resolution No. 2017-559 accepting a warranty deed for property at 10820 West Sample Road in Coral Springs from Coral Springs Apartments, LLC., at no cost to the County; authorize the Mayor and Clerk to execute same; and authorize recordation of same. (Commission District 3)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

11. MOTION TO APPROVE Amendment to Amended and Restated Declaration of Covenants and Restrictions amongst Broward County, the City of Coral Springs and Tnhyif Reiv Kilo, LLC correcting an error in the legal description contained in an exhibit to the original agreement; and authorize Mayor and Clerk to execute same. (Commission District 3)

(Per the Tuesday Morning Memorandum, signature pages have been received.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

WATER AND WASTEWATER SERVICES

12. MOTION TO APPROVE threshold increase of current open-end contract No. E1265902B1, Sludge Hauling Services for the Water and Wastewater Operations Division, in the amount of $1,010,886 for the remainder of the current contract term and $1,185,140 for the fourth and fifth renewal periods;

for a total increase in the contract threshold not-to-exceed amount of $13,287,050 to $15,483,076. (Commission District 4)

ACTION: (T-10:27 AM) Approved.

8

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE: 8-0. Commissioner Ryan was not present during the vote.

HUMAN SERVICES DEPARTMENT

BROWARD ADDICTION RECOVERY CENTER DIVISION

13. A. MOTION TO APPROVE Memorandum of Agreement between Florida Alcohol and Drug Abuse Association and Broward County for the provision of VIVITROL treatment to eligible individuals involved in or at-risk of being involved in the criminal justice system, effective for one year from the date of execution with automatic one-year renewals; authorizing the Mayor and Clerk to execute same; authorizing the County Administrator to execute amendments to the Agreement, subject to approval of the same by the Office of the County Attorney; authorizing the County Administrator to take all administrative and budgetary actions related to the Agreement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO ADOPT budget Resolution No. 2017-560 to appropriate annual revenue in the amount not to exceed $125,500 for the provision of VIVITROL treatment for eligible individuals involved in or at-risk of being involved in the criminal justice system participating in Broward Addiction Recovery Division’s Medication Assisted Treatment (MAT) program. This amount is an estimated annual reimbursement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

9

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

14. A. MOTION TO APPROVE Memorandum of Agreement between the Florida Alcohol and Drug Abuse Association and Broward County, for a term of 12 months from the date of execution with options to renew for successive 12 month terms upon mutual written agreement, for the provision of VIVITROL treatment for State of Florida, Department of Children and Families (DCF) eligible individuals; authorizing the County Administrator to execute amendments to the Agreement, subject to approval of the same by the Office of the County Attorney; authorizing the County Administrator to take all administrative and budgetary actions related to the Agreement; and authorizing the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO ADOPT budget Resolution No. 2017-641 to appropriate revenue in the amount not to exceed $225,000 for the provision of VIVITROL treatment for DCF eligible individuals participating in Broward Addiction Recovery Division’s Medication Assisted Treatment (MAT) program. This amount is an estimated annual reimbursement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

COMMUNITY PARTNERSHIPS DIVISION

15. MOTION TO RETROACTIVELY APPROVE Agreement between Broward County and the State of Florida Department of Health (DOH) in the amount of

$1,827,864, from October 1, 2017 to September 30, 2018, for the provision of public health services; authorizing Mayor and Clerk to execute same;

10

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

authorizing the County Administrator to execute amendments to the Agreement that do not increase the total funding amount or change the scope of services provided therein, subject to approval of same by the Office of County Attorney; authorizing the County Administrator to take all administrative and budgetary actions related to the Agreement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

16. MOTION TO AUTHORIZE County Administrator to execute a retroactive Agreement between Broward County and the Early Learning Coalition of Broward County, Inc. (ELC), in the amount of $2,342,795 from October 1, 2017 through September 30, 2018 for the purpose of providing subsidized state child care to low-income families; authorizing the County Administrator to execute amendments to the agreement, subject to approval of the same by the Office of the County Attorney; and authorizing the County Administrator to take all

necessary administrative and budgetary actions needed to implement the agreement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

17. MOTION TO ADOPT Resolution No. 2017-642 of the Board of County Commissioners of Broward County, Florida, authorizing appropriation and disbursement for service providers in the annual amount of $487,000

in recurring funds and $360,000 in non-recurring funds for a total amount of $847,000 for the provision of human support services within Broward County;

11

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

authorizing the County Administrator to execute agreements with the approved organizations, including amendments thereto, and to take any necessary administrative or budgetary action to implement the agreements and any required amendments; and providing for severability and an effective date.

(A member of the public pulled this item.)

ACTION: (T-10:35 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

FAMILY SUCCESS ADMINISTRATION DIVISION

18. MOTION TO APPROVE Delegation of Authority to the County Administrator to approve and execute Memorandum of Understanding (MOU) between Broward County (County) and CareerSource Broward (CareerSource), from October 1, 2017, through June 30, 2020, in an amount not to exceed $647, for the purpose of integrating and coordinating employment and training activities, subject to prior approval by the Office of the County Attorney; authorizing the County Administrator to approve and execute amendments to the MOU up to

the amount of $5,000, subject to prior approval of the same by the Office of the County Attorney; and authorizing the County Administrator to take all administrative and budgetary actions needed to implement the MOU.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

PORT EVERGLADES DEPARTMENT

12

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

19. MOTION TO RETROACTIVELY APPROVE Marine Terminal Lease and Operating Agreement between Broward County and Sol Shipping Services, Inc. for 6.54 acres of land at Port Everglades for a five-year term commencing November 1, 2017; and authorize the Mayor and Clerk to execute same.

(A member of the public pulled this item.)

ACTION: (T-10:35 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

20. A. MOTION TO APPROVE Third Amendment to the deliberately phased Agreement between Broward County and BEA Architects, Inc., for Consulting Services for Engineering and Design Services for Southport Phase IX Container Yard, Request for Proposal (RFP) No. R1171027P1, to increase Basic Services by the not-to-exceed amount of $1,541,660, increase reimbursables by the not-to-exceed amount of $191,460, and increase optional services by the not-to-exceed amount of $180,000, for a new total not-to- exceed contract value of $2,860,850; and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO ADOPT budget Resolution No. 2017-643 transferring funds from the Port Everglades Capital Fund Reserve in the amount of $1,013,119 for the purpose of providing funding for the Engineering and Design Services for the Southport Phase IX Container Yard project.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

13

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

21. A. MOTION TO APPROVE Reimbursement to TransMontaigne Terminals L.L.C. for the costs to relocate their underground fuel pipelines in the vicinity of Cruise Terminal 25 at Port Everglades, in accordance with the provisions in the Pipeline Easement Agreement, in an amount not to exceed $690,000, subject to TransMontaigne obtaining a minimum of three estimates and prior approval from the Port Everglades Chief Executive/Port Director.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO AUTHORIZE Port Everglades Chief Executive/Port Director to approve an amendment to Exhibit 1 of the Pipeline Easement Agreement to reflect the final pipeline locations based on as-built drawings.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

TRANSPORTATION DEPARTMENT

TRANSIT DIVISION

22. A. MOTION TO ADOPT budget Resolution No. 2017-644 within the Fiscal Year 2014 Federal Transit Capital Grant Fund for the Transit Division, in the amount of $69,501 settlement payment received to complete Bus Stop

Replacement project.

14

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

B. MOTION TO ADOPT budget Resolution No. 2017-645 within the Federal Transit Capital Grant Fund for Lauderdale Lakes for the Transit Division, in the amount of $73,261 settlement payment received to complete Bus Shelter project.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner Ryan was not present during the vote.

REQUEST TO SET FOR PUBLIC HEARING

23. MOTION TO ADOPT Resolution No. 2017-646 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 9, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider adoption of a proposed Resolution amending the Administrative Code, the title of which is as follows:

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO DEFERRED COMPENSATION PLANS; AMENDING SECTION 22.106 OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMINISTRATIVE CODE")

TO ALLOW MEMBERS OF THE COUNTY ATTORNEY'S SENIOR MANAGEMENT TEAM AND THE DEPUTY COUNTY AUDITOR TO RECEIVE A DEFERRED COMPENSATION MATCH; AUTHORIZING THE COUNTY ADMINISTRATOR TO TAKE ANY ADMINISTRATIVE AND BUDGETARY ACTIONS AND EXECUTE ANY AGREEMENTS REQUIRED TO IMPLEMENT THIS RESOLUTION; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMINISTRATIVE CODE, AND AN EFFECTIVE DATE.

ACTION: (T-10:27 AM) Approved.

15

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE: 8-0. Commissioner Ryan was not present during the vote.

24. MOTION TO ADOPT Resolution No. 2017-647 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 9, 2018, 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 CHILD CARE FACILITIES AND FAMILY CHILD CARE HOMES; AMENDING VARIOUS SECTIONS OF CHAPTERS 7 AND 20 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") RELATING TO MINIMUM STANDARDS FOR CHILD CARE FACILITIES AND FAMILY CHILD CARE HOMES; REQUIRING ALL CHILD CARE PERSONNEL AND FAMILY CHILD CARE HOME PERSONNEL WHO PROVIDE CARE TO INFANTS TO OBTAIN TRAINING ON PROVIDING AN INFANT SAFE SLEEP ENVIRONMENT; REQUIRING CHILD CARE FACILITIES AND FAMILY CHILD CARE HOMES TO

IMPLEMENT, MAINTAIN, AND COMPLY WITH WRITTEN POLICIES PROVIDING FOR AN INFANT SAFE SLEEP ENVIRONMENT; UPDATING MINIMUM STANDARDS RELATING TO STAFF-TO-CHILDREN RATIOS FOR CHILDREN NAPPING AND SLEEPING IN CHILD CARE FACILITIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Commissioner Nan H. Rich)

ACTION: (T-10:27 AM) Approved. (See the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of the Environmental Protection and Growth Management Department.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

16

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

25. MOTION TO ADOPT Resolution No. 2017-648 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 9, 2018, 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, RELATING TO THE PROHIBITION OF CONVERSION THERAPY ON MINORS; CREATING ARTICLE IX, OF CHAPTER 16½, ENTITLED "PROHIBITION OF CONVERSION THERAPY ON MINORS"; CREATING SECTIONS 16½-166 THROUGH 16½-169 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 8½-16 TO

PROVIDE FOR INCLUSION OF PENALTIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by Commissioner Nan H. Rich, Mayor Beam Furr, Vice-Mayor Mark D. Bogen, and Commissioners Michael Udine, Steve Geller, Tim Ryan, Barbara Sharief, and Dale V.C. Holness)

ACTION: (T-10:27 AM) Approved. (See the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of the Office of the County Attorney.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

26. MOTION TO ADOPT Resolution No. 2017-649 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 9, 2018, and January 23, 2018, 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

17

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

BROWARD COUNTY, FLORIDA, PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROVIDING FOR DEFINITIONS; PROVIDING PUBLIC HEARING PROCEDURES AND REQUIREMENTS FOR THE LOCATION AND ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

EMERGENCY MANAGEMENT DIVISION

27. MOTION TO ADOPT Resolution No. 2017-650 updating the Countywide Multi- jurisdictional Enhanced Local Mitigation Strategy (ELMS); and providing for an effective date.

(A member of the public pulled this item.)

ACTION: (T-10:36 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

18

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION

28. MOTION TO APPROVE Interlocal Agreement between Broward County and the School Board of Broward County (SBBC) to provide services in support of environmental education, outreach and sustainability goals within the Broward County school system, effective December 12, 2017 for a term of one year with up to four additional one year terms, at the option of SBBC, with reimbursement from SBBC for specific activities associated with program implementation and administration in a total amount not-to-exceed $1,179,776

($55,554 per quarter for year one of the agreement); and authorize the Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION

29. MOTION TO APPROVE Broward County State Housing Initiatives Partnership (SHIP) Program, Affordable Housing Incentive Strategies Report (Report), and to file the Report with the Florida Housing Finance Corporation; and providing for an effective date.

ACTION: (T-10:27 AM) Approved, as amended, with the Yellow-Sheeted

Additional Material, dated Tuesday, December 12, 2017, submitted at the request of the Environmental Protection and Growth Management Department.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

19

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

30. MOTION TO ADOPT Resolution No. 2017-651 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 not to exceed $33,000,000 Multifamily Housing Revenue Bonds, Series 2017 (The Landings at Coconut Creek) (the “Bonds”) for the purpose of financing the acquisition, rehabilitation and equipping of The Landings at Coconut Creek located in Broward County, Florida (the “Project”); establishing parameters for the award of the sale thereof and establishing criteria for determining the terms thereof, including interest rates, interest payment dates, maturity schedule and other terms of such Bonds; approving and authorizing the execution and delivery of (i) a Trust Indenture by and between the HFA and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”); (ii) a Loan Agreement by and between the HFA and CVII - Landings at Coconut Creek LLC, as Borrower (the “Borrower”); (iii) a Land Use Restriction Agreement by and among the HFA, the Trustee and the Borrower; (iv) an Assignment of Bond Mortgage Documents by the HFA to the Trustee; (v) a Placement Agent Agreement by and between the HFA and RBC Capital Markets, LLC and

Raymond James & Associates, Inc.; and (vi) a Trustee Fee Agreement by and between the HFA and the Trustee; approving and authorizing the execution and delivery by the HFA of certain additional agreements, instruments, certifications and affidavits necessary or desirable in connection with the issuance of the Bonds; authorizing the appointment of The Bank of New York Mellon Trust Company, N.A. as the Trustee, Registrar and Paying Agent; waiving the fee for services related to the HFA’s annual audit of the Project; approving and ratifying the HFA's publication of a notice of public hearing and the subsequent holding of such public hearing each under Section 147 (f) of the Internal Revenue Code of 1986, as amended, in connection with the issuance of the Bonds by the HFA; authorizing the proper officers of the HFA to do all things necessary or advisable in connection with the issuance of the Bonds; and providing an effective date for this Resolution. (Commission District 2)

ACTION: (T-10:27 AM) Approved.

20

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

PLANNING AND DEVELOPMENT MANAGEMENT DIVISION

31. MOTION TO CONSIDER APPROVAL for an 18-month Extension of Impact Fee Credit for Block 58 development, consistent with the provisions of the Broward County Land Development Code addressing circumstances involving litigation beyond the control of the applicant. (Commission District 6)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT

32. MOTION TO ADOPT Resolution No. 2017-652 of the Board of County Commissioners of Broward County, Florida, authorizing the issuance of Broward County, Florida Half-Cent Sales Tax Revenue Refunding Bonds, Series 2017A in the principal amount of not to exceed $67,500,000 for the purpose of financing the advance refunding of all or a portion of the County’s Half-Cent Sales Tax Revenue Bonds (Main Courthouse Project), Series 2010A and paying certain costs of issuance related thereto; authorizing the issuance of Broward County, Florida Half-Cent Sales Tax Revenue Refunding Bonds,

Series 2017B in the principal amount of not to exceed $76,590,000 for the purpose of financing the crossover refunding of all or a portion of the County’s Half-Cent Sales Tax Revenue Bonds (Main Courthouse Project), Series 2010B (Federally Taxable - Build America Bonds - Direct Payment) and paying certain costs of issuance related thereto; authorizing the issuance of Broward County, Florida Half-Cent Sales Tax Revenue Refunding Bonds, Series 2017C in the principal amount of not to exceed $53,410,000 for the purpose of financing the

21

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

crossover refunding of all or a portion of the County’s Half-Cent Sales Tax Revenue Bonds (Main Courthouse Project), Series 2010C (Federally Taxable - Recovery Zone Economic Development Bonds - Direct Payment) and paying related costs of issuance; providing for the payment of such bonds from the local government half-cent sales tax allocated to the County; providing covenants with respect to such Series 2017 Bonds; delegating authority to proper officials of the County, in consultation with the County’s financial advisor, to select and to accept the best proposal for the purchase of the Series 2017 Bonds and to award the sale of the Series 2017 Bonds to such purchaser or purchasers, subject to certain parameters and other matters set forth in this resolution; authorizing the execution and delivery of covenant agreements with the purchasers of the Series 2017 Bonds to set forth additional covenants of the County and matters relating to the Series 2017 Bonds as may be required by the purchasers; authorizing the execution of a bond purchase agreement and interest rate lock agreement in connection with sale of such Series 2017 Bonds approving the forms of and authorizing the execution and delivery of escrow deposit agreements; authorizing the proper officials of the County to do all other things deemed necessary or advisable in connection with the issuance of the Series 2017 Bonds; providing for certain other matters in connection therewith; and providing an effective date.

(Commissioner Udine pulled this item.)

ACTION: (T-10:39 AM) Approved. (Refer to minutes for full discussion.) (See the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of the Finance and Administrative Services Department.)

VOTE: 9-0.

HUMAN RESOURCES DIVISION

33. A. MOTION TO APPROVE Unrepresented Pay Plan and Compensation Policy

22

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

for Fiscal Year 2018, as reflected in Exhibit 1.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO APPROVE elimination of unused job classifications, creation of new job classifications, salary range reallocations, and Board-level reclassifications, as reflected in Exhibit 2.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

C. MOTION TO EXTEND base salary increase granted to unrepresented employees for Fiscal Year 2018 to the County Administrator and the County Auditor.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

D. MOTION TO AMEND agreement with International City Management Association/Retirement Corporation (ICMA/RC) to provide a Retirement Health Savings Account for the County Administrator, the County Attorney, and the County Auditor, and authorize the County Administrator to execute all necessary documents to implement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

E. MOTION TO AUTHORIZE County Administrator to take the necessary administrative and budgetary actions to implement these increases and changes in Motions A, B, C and D.

23

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

34. MOTION TO APPROVE three-year Collective Bargaining Agreement between Board of County Commissioners of Broward County, Florida and the Government Supervisors Association of Florida (GSA), Local 100, representing the County’s Professional Unit employees, for Fiscal Years 2017/2018, 2018/2019, and 2019/2020; delegate authority to the Acting Director of the Human Resources Division to execute the Letters of Understanding; and to authorize the Mayor to execute the Agreement.

(A member of the public pulled this item.)

ACTION: (T-10:46 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

35. MOTION TO APPROVE three-year Collective Bargaining Agreement between Board of County Commissioners of Broward County, Florida and the Government Supervisors Association of Florida (GSA), Local 100, representing the County’s Supervisory Unit employees, for Fiscal Years 2017/2018, 2018/2019, and 2019/2020; delegate authority to the Acting Director of the Human Resources Division to execute the Letters of Understanding; and to

authorize the Mayor to execute the Agreement.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

24

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

PURCHASING DIVISION

For Aviation Department

36. MOTION TO AWARD fixed contract to low bidder, S&L Specialty Contracting, Inc., for Residential Sound Insulation Program - Group 3800L1, Bid No. PNC2115232C1, for the Broward County Aviation Department, in the amount of $6,764,000, which includes a permit allowance in the amount of $375,000, to be substantially completed in 280 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of performance and payment guaranty, and authorize the Mayor and Clerk to execute same.

(Through Vice-Mayor Bogen, Commissioner Ryan pulled this item.)

ACTION: (T-10:48 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

For Greater Fort Lauderdale Convention and Visitors Bureau

37. MOTION TO AWARD fixed contract to low responsive, responsible bidder, Pioneer Construction Management Services, Inc., a certified County Business Enterprise, for Broward County Convention Center Concession Stand Renovations, Bid No. PNC2113992C1, for the Broward County Convention Center in the amount of $1,269,954, which includes allowances in the amount

of $10,000, to be substantially completed within 90 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the receipt and approval of Insurance/performance and payment guaranty and authorize the Mayor and Clerk to execute same.

25

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

(Withdrawn for further staff review.)

For Public Works Department

38. MOTION TO AWARD fixed contract to low bidder, Jones Benitez Corporation, for Construction of Camping Cabins at Quiet Waters Park, Bid No. N2114823C1, for the Highway Construction and Engineering Division, in the amount of $709,000, which includes allowances in the amount of $5,000, to be substantially completed within 240 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon the approval of the First Supplemental Budget by the Board, and contingent upon the receipt

and approval of insurance, and performance and payment guaranty; and authorize the Mayor and Clerk to execute same. (Commission District 2)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

39. MOTION TO AWARD fixed contract to low bidder, Providian Construction Group, Inc., for Bid No. T2114027C1, Intersection Improvements at Stirling Road and Dykes Road for Highway Construction and Engineering Division, in the amount of $352,416, which includes allowances in the amount of $6,900, to be substantially completed in 98 calendar days from the Project Initiation Date specified in the Second Notice to Proceed, contingent upon the receipt

and approval of insurance/performance and payment guaranty, and authorize the Mayor and Clerk to execute the same. (Commission District 5)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

26

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

40. MOTION TO AWARD fixed contract to the low bidder, Florida Design Drilling Corporation, for Remote Storage and Pumping 1A1 and 1B1 Generator Replacement, Bid No. Y2113648C1, for Water and Wastewater Services, in the amount of $1,284,740, which includes allowances in the amount of $40,740, to be substantially completed within 210 calendar days from the Project Initiation Date listed in the Second Notice to Proceed, contingent upon

the receipt and approval of insurance/performance and payment guaranty and authorize the Mayor and Clerk to execute same. (Commission District 9)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

41. A. MOTION TO MODIFY sole source standardization for the software, maintenance, service, repairs and future upgrades for the Parking Access and Revenue Control (PARC) Systems for the Broward County Fort Lauderdale- Hollywood International Airport to add Facilities Management Division and update standardized legal vendor name from CTR Systems to HUB Parking Technology USA Inc.

(Per the Tuesday Morning Memorandum, signature pages have been received.)

ACTION: (T-10:27 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 2, Page 2, signature page has been edited to reflect the new County Attorney.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO APPROVE Second Amendment to Agreement between Broward County and HUB Parking Technology USA Inc. for Web PARC/S Parking Access and Revenue Control Systems Maintenance, Repair,

27

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Upgrades and Replacement Services for Various Locations, Agreement No. R1098410A1, for a month-to-month extension, not-to-exceed six months, beginning December 31, 2017; amendment amount is not-to-exceed $45,000, for a revised total agreement amount of $444,800.

(Per the Tuesday Morning Memorandum, signature pages have been received.)

ACTION: (T-10:27 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 2, Page 2, signature page has been edited to reflect the new County Attorney.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

RECORDS, TAXES, AND TREASURY DIVISION

42. A. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, Tax Refund Account No. xxxxxxxxx9850, Tax Redemption Account No. xxxxxxxxx0916, Self Insurance Account No. xxxxxxxxx0518, and Payroll Account No. xxxxxxxxx3798, due to having a stale date, being unclaimed, or not being negotiated.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO APPROVE cancellation of warrants from Central Account No. xxxxxxxxx3785, and Self Insurance Account No. xxxxxxxxx0518, due to being voided. Checks have been reissued.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

28

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

43. A. MOTION TO APPROVE reasonable source designation of Granicus, Inc. for the Legislative Management Suite software and related services.

(A member of the public pulled this item.)

ACTION: (T-10:51 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

B. MOTION TO AUTHORIZE Director of Purchasing to negotiate and execute

an Amendment to the Hosting Services Agreement with Granicus, Inc., for the Legislative Management Suite software and related services, in the annual estimated amount of $70,000.

(A member of the public pulled this item.)

ACTION: (T-10:51 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

BROWARD MUNICIPAL SERVICES DISTRICT

44. MOTION TO APPROVE Third Amendment to Agreement between Broward County and Sagoma Construction Services, Inc. (Sagoma), for administration of the County's Minor Home Repair program in the BMSD for hurricane hardening repairs; increasing funding under the Agreement in the amount of

$194,000 by adding Fiscal Year 2018 State Hurricane Loss Mitigation Program (HLMP) funding; and authorizing the County Administrator to execute the Third Amendment to the Agreement in a form approved by the Office of the

29

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

County Attorney. (Commission Districts 7 and 9)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

45. MOTION TO APPROVE Agreement between Broward County and Rebuilding Together Broward County, Inc. (RTBC) in the amount of $10,000 for the Minor Home Repairs Pilot Program for home improvement and community engagement activities in the Broward Municipal Services District, authorizing the Mayor and Clerk to execute said Agreement. Broward County's funding shall be leveraged with other funds, gifts, donations, and volunteer efforts

obtained by RTBC. (Commission Districts 7 and 9)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT MANAGEMENT DIVISION

46. MOTION TO CONSIDER APPROVAL of a plat entitled Whispering Oaks (007-

30

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MP-17). (Commission District 7)

ACTION: (T-10:27 AM) Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

47. MOTION TO CONSIDER APPROVAL of a plat entitled Interplan - Pompano Beach (003-MP-17). (Commission District 4)

ACTION: (T-10:27 AM) Approved the plat subject to staff’s

recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

48. MOTION TO CONSIDER APPROVAL of a plat entitled Woodmont Pod A (033- MP-16). (Commission District 3)

ACTION: (T-10:27 AM) Approved the plat subject to staff’s

recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

49. MOTION TO CONSIDER APPROVAL of a plat entitled Woodmont Pod C (034-MP-16). (Commission District 3)

ACTION: (T-10:27 AM) Approved the plat subject to staff’s

recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

31

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

50. MOTION TO CONSIDER APPROVAL of a plat entitled W oodmont Pod E (035- MP-16). (Commission District 3)

ACTION: (T-10:27 AM) Approved the plat subject to staff’s

recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

51. A. MOTION TO CONSIDER APPROVAL of a plat entitled Woodmont Pod B, F & G (036-MP-16).

ACTION: (T-10:27 AM) Approved the plat subject to staff’s recommendations as outlined in the Development Review Report.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO CONSIDER APPROVAL of an agreement between Broward

County, City of Tamarac and Pulte Home Company for the issuance of building permits prior to plat recordation for the Woodmont Pod B, F & G (036-MP-16). (Commission District 3)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

52. MOTION TO CONSIDER APPROVAL of a plat note amendment to I-75 Commerce Park (058-MP-99). (Commission District 8)

ACTION: (T-10:27 AM) Approved per staff’s recommendations.

32

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

53. MOTION TO CONSIDER APPROVAL of a plat note amendment to Riverside Park Townhouse and Villas (182-MP-87). (Commission District 7)

ACTION: (T-10:27 AM) Approved per staff’s recommendations.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

54. MOTION TO CONSIDER APPROVAL of a non-vehicular access line amendment on the Windmill Ranch Estates - Parcel E (044-PL-79). (Commission District 5)

ACTION: (T-10:27 AM) Approved per staff’s recommendations.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

END OF QUASI-JUDICIAL CONSENT HEARING

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

COUNTY ADMINISTRATION

55. MOTION TO APPROVE Amendment of Amended and Restated Lease Agreement Between Broward County and Portside Yachting Center 2 LLC for Lease of Land at Port Everglades.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

33

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

56. MOTION TO APPROVE Agreement Between Broward County and City of Fort Lauderdale for Parking Access In The County Parking Garage in substantially the form attached as Exhibit 1; authorizing the Offices of the County Administrator and the County Attorney to negotiate and draft final language; and authorizing the County Administrator to execute the final agreement on

behalf of Broward County.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

INTERGOVERNMENTAL AFF AIRS/BOARDS SECTION

57. MOTION TO ACCEPT nominations to appoint or reappoint a member to the Health Facilities Authority (one position).

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

58. A. MOTION TO ACCEPT external recommendation of Legal Aid Services of Broward County, Inc. & Coast to Coast Legal Aid of South Florida, Inc., to reappoint Shawana Newson to their shared Board of Directors in the category of "Eligible client".

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

34

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

B. MOTION TO REAPPOINT Shawana Newson to Legal Aid Services of Broward County, Inc. & Coast to Coast Legal Aid of South Florida, Inc., to their shared Board of Directors in the category of "Eligible client".

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

59. MOTION TO APPROVE appointment of Tiffany Garcia to the Homeless Continuum of Care (HCOC) Board.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

LIBRARIES DIVISION

60. A. MOTION TO ADOPT Resolution No. 2017-653 of the Board of County Commissioners of Broward County, Florida, accepting from Northwest Regional Friends of the Library, Inc., a donation of a Maker Gear M2 3D Printer and LCD Interface, valued at more than $500, for the use and benefit of the Northwest Regional Library, authorizing the County Administrator to take all administrative and budgetary actions to implement acceptance; and providing for severability and an effective date. (Commission District 3)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO ADOPT Resolution No. 2017-654 of the Board of County Commissioners of Broward County, Florida, accepting from Mr. Ross Parker a

35

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

donation of two James Tandi sculptures, “Lady Nita” and “Ndebele Chief”, valued at more than $500, for the use and benefit of the African-American Research Library and Cultural Center, authorizing the County Administrator to take all administrative and budgetary actions to implement acceptance; and providing for severability and an effective date. (Commission District 9)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

GREATER FORT LAUDERDALE CONVENTION AND VISITORS BUREAU

61. MOTION TO APPROVE Third Amendment to the Professional Services Agreement between Broward County and Academy Street Collaboration, LLC extending the agreement retroactively from November 14, 2017 to May 13, 2018, and increasing the not-to-exceed amount by $124,350, from $87,600 to $211,950, and authorize Mayor and Clerk to execute same.

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

COUNTY COMMISSION

62. MOTION TO APPOINT Mary D. Donnellan to the Library Advisory Board. (Commissioner LaMarca)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

36

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

63. MOTION TO APPOINT Arby Barroso to the Medical Marijuana Advisory Board. (Commissioner Holness)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

PUBLIC HEARING

64. MOTION TO ADOPT supplemental budget Resolution No. 2017-655 within the General Fund in the amount of $63,119,816 for prior year carryovers and other commitments.

ACTION: (T-10:55 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

65. MOTION TO ADOPT supplemental budget Resolution Nos. 2017-656 through 2017-666 within the Special Purpose Funds and Trust Funds in the amount of $4,560,105 to reappropriate funds for prior year commitments and to provide additional funding for other programs.

ACTION: (T-10:55 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

66. MOTION TO ADOPT supplemental budget Resolution Nos. 2017-667 through

37

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

2017-673 within the Special Revenue Fund in the amount of $4,668,249 primarily to reappropriate funds for prior year commitments.

ACTION: (T-10:56 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner LaMarca abstained from voting on this item.

67. MOTION TO ADOPT supplemental budget Resolution Nos. 2017-674 through 2017-677 within the Capital Fund in the amount of $2,885,000 to reappropriate funds for prior year project commitments and to provide additional funds for other projects.

ACTION: (T-10:57 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

68. MOTION TO ADOPT supplemental budget Resolution Nos. 2017-678 through 2017-681 within Enterprise Funds in the amount of $6,221,682 primarily to reappropriate funds for prior year commitments.

ACTION: (T-10:57 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

69. MOTION TO ADOPT supplemental budget Resolution Nos. 2017-682 through 2017-683 within the Internal Service Funds in the amount of $1,171,462 primarily to reappropriate funds for prior year commitments.

ACTION: (T-10:58 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

38

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

70. A. MOTION TO ADOPT Resolution No. 2017-684 to vacate right-of-way lying within a portion of Tract “A” of the F.F. Minione Plat, located at 1600 W Sample Road in Pompano Beach at no cost to the County; Petitioner: Public Storage; Agent: Keith & Associates, Inc.; Application for Vacation and Abandonment: 2017-V-06. (Commission District 4)

ACTION: (T-10:58 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

B. MOTION TO ADOPT Resolution No. 2017-685 accepting a utility easement at 1600 W Sample Road in Pompano Beach from Public Storage at no cost to the County and authorize recordation of the same. (Commission District 4)

ACTION: (T-10:58 AM) Approved. (Refer to minutes for full discussion.)

VOTE: 9-0.

71. This item is respectfully requested to be withdrawn.

MOTION TO ENACT Ordinance adopting a Small Scale land use plan amendment to the Broward County Land Use Plan, PC 17-12, in the City of Wilton Manors, to the Broward County Comprehensive Plan (Commission District 7), the substance of which is as follows: (Continued from October 17, 2017 - Item No. 30)

AN ORDINANCE OF BROWARD COUNTY, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE BROWARD COUNTY COMPREHENSIVE PLAN; AMENDING THE BROWARD COUNTY LAND USE PLAN WITHIN THE CITY OF WILTON MANORS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

39

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ACTION: (T-10:59 AM) The Board deferred this item indefinitely. (Refer to minutes for full discussion.)

VOTE: 9-0.

END PUBLIC HEARING

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

REGULAR AGENDA

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

COUNTY ATTORNEY

72. MOTION TO PROVIDE DIRECTION to the County Attorney regarding potential litigation against pharmaceutical manufacturers and distributors related to the opioid epidemic, and regarding the selection and retention of outside counsel to represent the County in connection with any such litigation.

(Per the Tuesday Morning Memorandum, Replacement Motions:

A. MOTION TO AUTHORIZE the filing of litigation, as approved by the County Attorney, against pharmaceutical manufacturers and distributors

related to the opioid epidemic.

B. MOTION TO PROVIDE DIRECTION to the County Attorney regarding the selection and retention of outside counsel to represent the County in connection with any such litigation.)

ACTION: (T-11:00 AM) Following Board discussion, the Board approved Motion A, as outlined on the Tuesday Morning Memorandum, and as

40

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

amended, taking necessary steps to insure that the selected law firms would bear the financial risk in this litigation and also allowing for any other additional parties deemed responsible in this litigation to be pursued. (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION: (T-11:17 AM) Pertaining to Motion B, as outlined on the Tuesday Morning Memorandum, on motion of Commissioner Ryan, seconded by Commissioner Rich, the Board requested the County Attorney to return to the Board on Tuesday, January 9th, 2018, with a ranked list, with up to four legal teams, to present to the Board for final selection, as well as the activation of a voluntary Cone of Silence with all firms being considered for retention as outside counsel to represent the County in this litigation. (Refer to minutes for full discussion.)

VOTE: 7-1. Commissioner Geller voted no. Vice-Mayor Bogen abstained from voting on Motion B.

ACTION: (T-11:41 AM) Following Board discussion, The Board approved Motion B, as amended and as reflected on the Tuesday Morning Memorandum. (Refer to minutes for full discussion.)

VOTE: 7-1. Commissioner Holness voted no. Vice-Mayor Bogen abstained from voting on Motion B.

REQUEST TO SET FOR PUBLIC HEARING

73. MOTION TO ADOPT Resolution No. 2017-686 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, January 9, 2018, 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

41

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

BROWARD COUNTY, FLORIDA, PERTAINING TO DESIGN STANDARDS; AMENDING SECTIONS 5-193, 39-133, AND 39-294 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), ESTABLISHING DESIGN STANDARDS IN UNINCORPORATED BROWARD COUNTY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

FINANCE AND ADMINISTRATIVE SERVICES DEP ARTMENT

PURCHASING DIVISION

For Environmental Protection and Growth Management Department

74. MOTION TO APPROVE Revenue Generating Agreement between Broward County and Related FATVillage, LLC, Real Estate Developer for Development of 600 North Andrews Avenue, Fort Lauderdale, Florida, Request for Proposals (RFP) No. N2111265P1; and authorize the Mayor and Clerk to execute same. The Agreement shall begin on the date of execution and expires on the 60th anniversary of the Commencement Date. (Commission

District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved. (Scrivener’s Error – See County Administrator’s Report: Exhibit 2, Page 5, the fifth and sixth line of

42

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Section 4(b) currently reads: … twenty-five percent (25%) of the net Cash Flow… Should read: … twenty-five percent (25%) of the Cash Flow…)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

For Finance and Administrative Services Department

75. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2114673P1, Employee Benefits Consulting Services; the ranked firms are: 1 - Wells Fargo Insurance Services USA, Inc., (recently acquired by USI Insurance Services, Inc.), 2 - Gallagher Benefits Services, Inc., and 3 - Bolton Partners, Inc. and Gelin Benefits Group, LLC (Joint Venture), and authorize staff to proceed with negotiations.

ACTION: (T-12:02 PM) Following public comments, the Board tabled this item until later in the meeting. (Refer to minutes for full discussion.)

VOTE: 9-0.

ACTION: (T-4:23 PM) Approved, as amended, allowing for an extension of the current contract and recognizing the creation of a voluntarily agreement between Wells Fargo Insurance Services USA Inc., (recently acquired by USI Insurance Services, Inc.,) and Gelin Benefits Group, LLC. (Refer to minutes for full discussion.) (See the Yellow-Sheeted Additional Materials, dated Tuesday, December 12, 2017, submitted at the request of the Finance and Administrative Services Department.)

VOTE: 8-0. Commissioner LaMarca voted in the affirmative telephonically. Commissioner Sharief was not present.

For Public Works Department

43

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

76. MOTION TO APPROVE Request for Proposals (RFP) No. S2115731P1, Consultant Services for the Broward County's Medical Examiner's Office and Broward Sheriff's Office Crime Laboratory Facility.

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

77. A. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2112705P1, Janitorial Services for Various Large County Facilities (Contract 1 - Broward County Governmental Center); the ranked firms are: 1 - Sunshine Cleaning Systems, Inc.; 2 - Triangle Services of Florida, Inc. dba Triangle Services; 3 - American Facility Services, Inc.; 4 - Owens, Renz & Lee Co., Inc. dba Owens Realty Services; 5 - Chi-Ada Corporation; 6 - SFM Services, Inc.; 7 - L&B Janitorial Services, Inc.; 8 - United Services, Inc.; 9 - Able Business Services, Inc., and authorize staff to proceed with negotiations; and authorize the Director of Purchasing to execute the resultant agreement. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

B. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2112705P1, Janitorial Services for Various Large County Facilities (Contract 2 - Broward County Main Library); the ranked firms are: 1 - Sunshine Cleaning Systems, Inc.; 2 - Triangle Services of Florida, Inc. dba Triangle Services; 3 - SFM Services, Inc.; 4 - American Facility Services, Inc.; 5 - Chi-Ada Corporation; 6 - Owens, Renz & Lee Co., Inc. dba Owens

44

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Realty Services; 7 - L&B Janitorial Services, Inc.; 8 - Cleaning Systems, Inc. dba Mirage Building Maintenance; 9 - United Services, Inc.; 10 - Able Business Services, Inc., and authorize staff to proceed with negotiations; and authorize the Director of Purchasing to execute the resultant agreement. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

C. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2112705P1, Janitorial Services for Various Large County Facilities (Contract 3 - Broward County South Regional Courthouse); the ranked firms are: 1 - L&B Janitorial Services, Inc.; 2 - Clean Freek's Janitorial Services, LLC; 3 - McKenzie's Cleaning, Inc.; 4 - Cleaning Systems, Inc. dba Mirage Building Maintenance; 5 - MCJ Professional Cleaning Services Corp., and authorize staff to proceed with negotiations; and authorize the Director of Purchasing to execute the resultant agreement. (Commission District 6)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

D. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2112705P1, Janitorial Services for Various Large County Facilities (Contract 4 - Broward County Main Courthouse); the ranked firms are: 1 - Triangle Services of Florida, Inc. dba Triangle Services; 2 - Sunshine Cleaning Systems, Inc.; 3 - American Facility Services, Inc.; 4 - Owens, Renz & Lee Co., Inc. dba Owens Realty Services; 5 - Chi-Ada Corporation; 6 - United Services, Inc.; 7 - Able Business Services, Inc., and

45

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

authorize staff to proceed with negotiations; and authorize the Director of Purchasing to execute the resultant agreement. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

E. MOTION TO APPROVE final ranking of the qualified firms for Request for Proposals (RFP) No. R2112705P1, Janitorial Services for Various Large County Facilities (Contract 5 - Broward County Traffic Engineering); the ranked firms are: 1 - McKenzie's Cleaning, Inc.; 2 - Clean Freek's Janitorial Services, LLC; 3 - MCJ Professional Cleaning Services Corp., and authorize staff to proceed with negotiations; and authorize the Director of Purchasing to execute the resultant agreement. (Commission District 9)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

F. MOTION TO APPROVE Third Amendment to Agreement between Broward County and Chi-Ada Corporation for janitorial services at the South Regional Courthouse, RFP No. R0921804P1, for a month-to-month extension, not-to- exceed six months or until a replacement contract is awarded, to begin December 15, 2017, not-to-exceed $62,231. (Commission District 6)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

46

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

G. MOTION TO APPROVE Second Amendment to Agreement between Broward County and Triangle Services of Florida Inc. for janitorial services at the Governmental Center East, RFP No. R0899203P1, for a month-to-month extension, not-to-exceed six months or until a replacement contract is awarded, to begin December 27, 2017, not-to-exceed $515,783. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

H. MOTION TO APPROVE Second Amendment to Agreement between Broward County and Triangle Services of Florida Inc. for janitorial services at the Broward County Judicial Complex, RFP No. 0899203P1, for a month-to- month extension, not-to-exceed six months or until a replacement contract is awarded, to begin December 27, 2017, not-to-exceed $1,221,079. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

COUNTY COMMISSION

78. MOTION TO NOMINATE Stephen F. Botek for appointment to the Small Business Development Advisory Board. (Commissioner LaMarca)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

47

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

79. MOTION TO DISCUSS comprehensive emergency response training program for Fort Lauderdale - Hollywood International Airport (“Airport”) employees, including employees of the Airport’s passenger service contractors. (Commissioner Holness)

ACTION: (T-12:23 PM) Following public comments and without objection, the Board tabled this item until later in the meeting. (Refer to minutes for full discussion.)

ACTION: (T-5:03 PM) Following public comments and Board discussion, the Board directed staff to draft a document outlining a comprehensive emergency response training program for Fort Lauderdale-Hollywood International Airport employees, including employees of the Airport’s passenger service contractors. Training will be compensatory for attendees. (Refer to minutes for full discussion.)

VOTE: 7-0. Commissioners LaMarca and Sharief were not present.

80. MOTION TO ADOPT Resolution No. 2017-687 urging the President of the United States to declare the opioid epidemic a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the title of which is as follows: (Commissioner Sharief)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, URGING PRESIDENT DONALD J. TRUMP

TO DECLARE THE OPIOID CRISIS A NATIONAL EMERGENCY UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT; DIRECTING THE COUNTY ADMINISTRATOR TO SEND A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, SENATOR MARCO RUBIO, SENATOR BILL NELSON, AND THE GOVERNOR OF THE STATE OF FLORIDA; AND PROVIDING FOR

48

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

SEVERABILITY AND AN EFFECTIVE DATE.

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

81. MAYOR'S REPORT

A. FRIENDS OF TOPEEKEEGEE YUGNEE PARK EVENT

ACTION: (T-5:27 PM) Mayor Furr noted his attendance at a Friends of Topeekeegee Yugnee Park (TY Park) event. (Refer to minutes for full discussion.)

B. UNITED NEGRO COLLEGE FUND EVENT

ACTION: (T-5:27 PM) Mayor Furr recounted to the Board his attendance at the United Negro College Fund’s Governors Luncheon. (Refer to minutes for full discussion.)

C. QUAD-COUNTY RECOMMITMENT CEREMONY

ACTION: (T-5:27 PM) Mayor Furr noted that he will be attending an event recommitting Broward County with Miami-Dade, Monroe, and Palm Beach Counties supporting regional issues and challenges regarding climate change. (Refer to minutes for full discussion.)

D. CAREER ONLINE HIGH SCHOOL GRADUATION EVENT

ACTION: (T-5:28 PM) Mayor Furr recounted his attendance at the first graduation celebration event for the Career Online High School. (Refer to

49

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

minutes for full discussion.)

82. COUNTY ADMINISTRATOR'S REPORT

A. JOINT COUNTY COMMISSION/LEGISLATIVE DELEGATION WORKSHOP

ACTION: (T-5:41 PM) County Administrator Bertha Henry noted as directed by the Board during the Joint County Commission/Legislative Delegation Workshop earlier today that the five primary recommendations will be increased to six primary recommendations to include opioid crisis concerns. (Refer to minutes for full discussion.)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

MEETING/WORKSHOP NOTICES

2018 JOINT COUNTY COMMISSION/LEGISLATIVE DELEGATION

WORKSHOP Tuesday, December 12th, in Room 430 at 12:30 PM

TRANSPORTATION WORKSHOP Tuesday, December 12th, in Room 430 at 2:00 PM

SUPPLEMENTAL AGENDA

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

QUASI-JUDICIAL CONSENT HEARING

ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT

50

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

PLANNING AND DEVELOPMENT MANAGEMENT DIVISION

83. MOTION TO CONSIDER APPROVAL of a plat modification to Lot 7, Block 10, Riverland Village Section One (Plat Book 27, Page 44) to remove the 50-foot setback illustrated on the plat. (Commission District 7)

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved per staff’s recommendations. (Scrivener’s Error – See County Administrator’s Report: MOTION TO APPROVE Partial Waiver of Deed Restriction … Should be Item #84.)

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

END OF QUASI-JUDICIAL CONSENT HEARING

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

COUNTY COMMISSION

84. A. MOTION TO APPROVE Partial Waiver of Deed Restriction, in substantially the same form as the attached (with any changes approved by the Office of the County Attorney), for the development, on a portion of Miramar Regional Park, of the American Tennis & Education Foundation (“ATEF”) National Tennis Center; headquarters for ATEF and its parent organization, American Tennis Association (“ATA”); Black Tennis Hall of Fame Museum; and a hotel

(collectively, the “ATEF Project”).

(Per the Tuesday Morning Memorandum, include the following language to the end of Motion A: “provided the projects are built within a 10 year time frame.”)

51

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

ACTION: (T-11:43 AM) Approved, as amended, with the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of Commissioner Sharief. (Refer to minutes for full discussion.)

VOTE: 9-0.

B. MOTION TO AUTHORIZE County Administrator to execute a Partial Waiver of Deed Restriction (“Waiver”), in substantially the same form as the attached (with any changes approved by the Office of the County Attorney), after the Office of the County Attorney receives and approves the exhibits to the Waiver, and the City of Miramar signs the Waiver. (Commissioner Sharief)

(Per the Tuesday Morning Memorandum, Exhibit 4, (Partial Waiver of Deed Restriction from the City of Miramar), signature pages have been received.)

ACTION: (T-11:43 AM) Approved, as amended, with the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of Commissioner Sharief. (Refer to minutes for full discussion.)

VOTE: 9-0.

TRANSPORTATION DEPARTMENT

TRANSIT DIVISION

85. MOTION TO AUTHORIZE County Administrator to execute an agreement, prepared and approved by the Office of the County Attorney, for payment card services with CabConnect, Inc. for the Transit Division’s Paratransit Rider’s Choice Pilot Program, at an estimated cost of $37,250, which includes $5,750

for the design, implementation and project management and a $0.35 cashiering transaction fee for an estimated 90,000 trips; and a potential cashiering pass-thru amount of $1,350,000 to be paid to participating Taxicab

52

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and Transportation Network Company (TNC), for a total estimated contract amount of $1,387,250; and to authorize the County Administrator to take any necessary administrative and budgetary actions to implement the pilot program.

(Transferred to the Consent Agenda.)

ACTION: (T-10:27 AM) Approved.

VOTE: 8-0. Commissioner LaMarca was not present during the vote.

COUNTY COMMISSION

86. A. MOTION TO APPROVE nominations appointing County Commissioners to Boards/Authorities/Agencies for a one-year term. (Exhibit 1)

ACTION: (T-5:18 PM) Approved, as amended, directing staff to provide an update on the issue surrounding the expansion of membership on the Metropolitan Planning Organization Board (MPO) and postponing Mayor Furr’s appointment to the MPO at this time. In addition, Mayor Furr noted an error pertaining to Commissioner Rich’s appointment to the Children’s Services Board, the appointment will be taken up by Commissioner Geller. (Refer to minutes for full discussion.)

VOTE: 7-0. Commissioners LaMarca and Sharief were not present.

B. MOTION TO APPROVE nominations appointing County Commissioners to serve as the Mayor’s designee to Boards/Authorities/Agencies for a one-year term. (Exhibit 2)

ACTION: (T-5:18 PM) Approved. (Refer to minutes for full discussion.)

VOTE: 7-0. Commissioners LaMarca and Sharief were not present.

53

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

C. MOTION TO APPROVE nominations appointing County Commissioners to Boards/Authorities/Agencies for a specified term. (Exhibit 3) (Mayor Furr)

ACTION: (T-5:18 PM) Approved. (Refer to minutes for full discussion.)

VOTE: 7-0. Commissioners LaMarca and Sharief were not present.

NON- AGENDA

87. HAPPY HOLIDAYS – THE BOARD

ACTION: (T-5:35PM) Board members and staff wished everyone Happy Holidays. (Refer to minutes for full discussion.)

88. TALLAHASSEE UPDATE - COMMISSIONER GELLER

ACTION: (T-5:28 PM) Commissioner Geller recounted to the Board his

attendance at various meetings in Tallahassee on the behalf of Broward County. (Refer to minutes for full discussion.)

89. UNITED NEGRO COLLEGE FUND EVENT - COMMISSIONER HOLNESS

ACTION: (T-5:29 PM) Commissioner Holness took a moment to thank Mayor Furr for attending the United Negro College Fund’s Governors

Luncheon. Commissioner Holness noted that over $155,000 was raised and also recognized the National Hockey League (NHL) Florida Panthers for their statewide support. (Refer to minutes for full discussion.)

54

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

90. GREATER FORT LAUDERDALE CONVENTION AND VISITORS BUREAU - COMMISSIONER HOLNESS

ACTION: (T-5:31 PM) Commissioner Holness invited multicultural

vendors to participate in a Greater Fort Lauderdale Convention and Visitors Bureau event on Thursday, December 14, 2017, from 3:30 p.m., to 5:00 p.m., at the Main Library. For more information call: 954.357.6400. (Refer to minutes for full discussion.)

91. CENTRAL COUNTY COMMUNITY WORKSHOP - COMMISSIONER HOLNESS

ACTION: (T-5:32 PM) Commissioner Holness invited residents to attend the Broward Municipal Service District’s Central County Community

Workshop on Saturday, December 16, 2017, from 10:30 a.m., to 12:00 p.m., at the African-American Research Library and Cultural Center. For more information call: 954.357.6634. (Refer to minutes for full discussion.)

92. COMMUNITY CLEAN UP EVENT - COMMISSIONER HOLNESS

ACTION: (T-5:33 PM) Commissioner Holness invited residents to attend

a community clean up event at Boulevard Gardens on Saturday, December 16, 2017, from 8:00 a.m., to 12:00 p.m. For more information call: 954.592.8901. (Refer to minutes for full discussion.)

93. LET’S GO WALKING EVENT - COMMISSIONER HOLNESS

ACTION: (T-5:33 PM) Commissioner Holness noted that the Broward

Metropolitan Planning Organization (MPO) and the City of Fort Lauderdale will host the 2nd Annual Let’s Go Walking Event on Saturday,

55

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

December 16, 2017, from 10:00 a.m., to 1:00 p.m., at Joseph C. Carter Park, 1450 West Sunrise Boulevard, Fort Lauderdale. (Refer to minutes for full discussion.)

94. TELEVISION SPECIAL REPORT - VICE-MAYOR BOGEN

ACTION: (T-5:34 PM) Vice-Mayor Bogen noted that Bob Norman on

Channel 10 News will host a television special report on how taxpayer dollars are being used on Tuesday, December 12, 2017, 11:00 p.m. (Refer to minutes for full discussion.)

95. TOY DRIVE RECAP - VICE-MAYOR BOGEN

ACTION: (T-5:35 PM) Vice-Mayor Bogen congratulated the efforts made

by his staff for a toy drive benefiting S.O.S Children’s Village. (Refer to minutes for full discussion.)

96. THANK YOU - COMMISSIONER RYAN

ACTION: (T-5:35 PM) Commissioner Ryan thanked staff for their

assistance for adding item #83 on today’s agenda. (Refer to minutes for full discussion.)

97. UNITED WAY FUNDRAISING - COMMISSIONER UDINE

ACTION: (T-5:36 PM) Commissioner Udine recognized his staff for their

fundraising efforts in support of United Way. (Refer to minutes for full discussion.)

56

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

98. TOWER CLUB BREAKFAST ON HOMELESSNESS - COMMISSIONER RICH

ACTION: (T-5:37 PM) Commissioner Rich recounted to the Board her

attendance at the Tower Club Breakfast on Homelessness. (Refer to minutes for full discussion.)

99. RIBBON CUTTING EVENT - COMMISSIONER RICH

ACTION: (T-5:38 PM) Commissioner Rich recounted her attendance at

the ribbon cutting event for an 80-unit Affordable Housing Project in Oakland Park. (Refer to minutes for full discussion.)

100. UNITED WAY COMMUNITY SUPPORT EFFORTS - COMMISSIONER RICH

ACTION: (T-5:39 PM) Commissioner Rich recounted to the Board efforts

by United Way and other community stakeholders as to support of 450 families displaced and still living in hotels following Hurricane Irma. (Refer to minutes for full discussion.)

101. HOMELESS PERSON MEMORIAL DAY - COMMISSIONER RICH

ACTION: (T-5:40 PM) Commissioner Rich noted that Hope Central will

host a Homeless Person Memorial Day on Thursday, December 14, 2017, at 111 N. Andrews Avenue at 5:30 p.m. (Refer to minutes for full discussion.)

57

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS MEETING OF DECEMBER 12, 2017 10:00 A.M.

A meeting of the Broward County Board of County Commissioners, Broward County, Florida, was held in Room 422 of the Government Center, Fort Lauderdale, Florida, at 10:00 a.m., Tuesday, December 12, 2017.

COMMISSIONER DISTRICT ATTENDANCE

Mark Bogen 2 Present Beam Furr 6 Present Steve Geller 5 Present Dale V.C. Holness 9 Present Chip LaMarca 4 Present Nan H. Rich 1 Present Timothy Ryan 7 Present Barbara Sharief 8 Present Michael Udine 3 Present

CALL TO ORDER: Mayor Beam Furr called the meeting to order.

MAYOR FURR: Good morning, everybody. (Inaudible) call this to order. (Strikes gavel.)

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Good morning, everyone. This is the Broward County Board of County Commissioners’ meeting of Tuesday, December 12th, 2017.

58

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And we’re going to do the Pledge of Allegiance. If you’d please rise. Let’s do Commissioner Udine today.

COMMISSIONER UDINE: Thank you.

(THE PLEDGE OF ALLEGIANCE WAS LED BY COMMISSIONER MICHAEL UDINE, BROWARD COUNTY COMMISSIONER, DISTRICT 3.)

MAYOR FURR: Thank you.

Ladies and gentlemen, it’s customary -- if you’d please keep standing for just a moment. Sorry about that. Please remain standing.

It’s customary that we observe a moment of silence in honor of notable persons in our community who have recently passed.

Colleagues, do you have anyone you would wish to recognize?

Okay. Let us honor all the brave men and women who have served and continue to serve in the armed forces both here and abroad, and please keep them in our thoughts.

(Moment of silence.)

MAYOR FURR: Thank you. Please take your seats.

Okay. Welcome, everyone, to the meeting.

For those in the audience, please turn off your -- and -- and/or silence your cell phones.

If you wish to address the Commission about an item on today’s agenda, please come forward and fill out a speaker card located on the dais.

59

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Once the item comes up, if you have not signed up, you will not be permitted to speak.

You will have two minutes to speak, so please keep your comments to the item being discussed.

Please refrain from personal attacks or slanderous remarks. If you fail to do so, your microphone will be shut off and you will be removed by security.

We ask that those speaking and refrain from any applause, cheering, booing, or catcalling. And thank you for that.

And the music today was selected by Commissioner Barbara Sharief. She selected All I Want for Christmas is -- is You by Mariah Carey, and the Magic of Christmas Day by Celine Dion.

And thank you for the breakfast. All those in favor of wanting Barbara to do breakfast every week --

(Laughter.)

MAYOR FURR: -- say aye. Thank you. Good idea.

GOOD AND WELFARE

MAYOR FURR: We have three Proclamations today.

The first is to honor Kim Cavendish, the Director of the Museum of Discovery and Science, one of my daughter’s favorite places.

And it will be presented by Commissioner LaMarca. And if you would please make your way to the podium.

60

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER LAMARCA: So, I think I’ve said this before, but we get to do Proclamations every -- every week for people in the community that do great things f or a lot of -- a lot of areas of our community, but not all the time are they a friend and someone we look up to and thank for their service and -- and, also, in this case, a -- as an individual resident, I get to serve on the Museum of Discovery and Science Board of Directors. And it’s been a real privilege.

So, Kim gave -- gave us the shocking news, I think it was about a year ago, you gave us quite a -- quite a while, but it took all -- just about all of a year to find a - a suitable replacement, or so they say. I haven’t met him yet, so I’m going to withhold judgment.

But Kim has been a tremendous advocate for our children’s museum, our children’s science museum, even back when it was over at the river -- the --

MS. CAVENDISH: New River Inn.

COMMISSIONER LAMARCA: -- New River Inn on the -- on the -- on the New River. And I recall in -- maybe not fifth grade, but certainly in -- in school as -- as a youth remember going there and -- and the King Cromartie House and the other -- other buildings that are there, and -- and where it is now.

And what Kim has done with the -- the Museum of Discovery and Science with the private sector’s help and with this Commission and some other public partners has been tremendous.

And if you haven’t been there lately, it probably helps to bring a young -- young one so you don’t look a little strange doing it, but I would definitely recommend going to -- going to the museum probably after the first quarter of next year when the Science Park is done. And looking forward to it.

So, it’s with -- my privilege to read this Proclamation for you, Kim.

Whereas Kim Cavendish earned a B.A. degree from the University of Florida

61

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and also attended Duke University and George Washington University, as well as a Museum Management at the Smithsonian Institution and the University of Colorado;

Whereas Kim has led museums since 1981. Since that time, she has served as the Chief Executive Officer of the Orlando Science Center, the Virginia Air and Space Center -- I didn’t know that. That’s cool -- and our very own Museum of Discovery and Science, along with its forerunner, the Discovery Center;

Whereas her tenure at the Museum of Discovery and Science, Kim has spearheaded its growth from its modest beginning as the Discovery Center to its current position as a major science center with an IMAX theater which opened in 1992. In 2011, she opened the Eco Discovery Center, a two-story, 34,000 square foot addition that doubled the museum’s exhibit space. That project, the first phase of a $35,000,000 capital project, earned a Leadership in Energy and Environmental Design, LEED, Silver Certification; and

Whereas Phase 2 of that project is now underway and includes a renovation of the already completed AutoNation IMAX theater -- and, incidentally, if you want to go see the Star Wars movie, you might want to corner her on the way out -- the -- also upgrades and renovations to the 25-year-old facility, as well as the new outdoor Science Park facing Broward Boulevard which is scheduled for opening in the spring of 2018;

Whereas we recognize her leadership and presence in the museum industry for more than 36 years, Kim was awarded the prestigious Lifetime Award by the Florida Association of Museums in 2013, along with many other awards and accolades, both locally and nationally throughout the years. She has provided her knowledge to the industry through publications on museum marketing and on managing in fiscal crisis, and through presentations on strategic planning, board development, and financial management. She has served in various capacities on boards in the museum industry, and presently is serving on the board of the Giant Screen Cinema Association, and after -- after serving as president for two terms;

62

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Where under Kim’s leadership in the Museum of Discovery and Science have contributed significantly to the revitalization of the arts and science district in downtown Fort Lauderdale, at this time the museum regularly serves over 400,000 visitors each year, and is the premier destination for school field trips in Broward County. Having served over 10,000,000 visitors, the museum is a far cry from the humble beginnings of the Discovery Center in the historic New River Inn;

Whereas next year, Kim transitions into a new chapter in her life, spending more time with her daughter, and traveling to pursue her interests in preserving wildlife, photography, and cultures around the world;

Now, therefore, be it proclaimed by the Board of County Commissioners of Broward County, Florida that the Board hereby designates Tuesday, December 12th, all the way to midnight; you’ve got the whole day, as Kim Cavendish Appreciation Day in Broward County, and offers its sincere thanks and appreciation for her years of service, and recognizes her many contributions to the Museum of Discovery and Science and our community. So.

(Applause.)

COMMISSIONER LAMARCA: Congratulations. If you’d like to say anything? Maybe have a --

MS. CAVENDISH: I’ll just say --

COMMISSIONER LAMARCA: -- (inaudible) board members come up and --

MS. CAVENDISH: -- I’ll say just a couple of words, and that is it has just been my privilege and pleasure to have led this museum in this community for such a long time.

I think that science literacy and what we do at the museum is -- is increasingly important every day, and I’m very grateful that the County of Broward has

63

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

always supported our efforts, and I’m sure will continue to do so.

Thank you very much for this honor. It’s much appreciated.

(Applause.)

MAYOR FURR: Thank you. You want to come up?

UNIDENTIFIED SPEAKERS: (Inaudible.)

(Picture taken.)

MAYOR FURR: Okay. Thank you, Kim, for that. And, Commissioner LaMarca, excellent Proclamation.

The next one we’re going to -- we’re going to have -- the next Proclamation is acknowledging Florida Medical Center Day, and will be presented to Trey Abshier by Commissioner Holness.

And if you would please make your way to the podium.

COMMISSIONER HOLNESS: And, Trey, if you have staff here from Florida Medical, would you bring them up also?

Thank you.

Good morning.

Florida Medical Center actually is one of the -- one of the major employers in my district. They actually help the economy of District 9 in a great way.

This Proclamation actually was put in motion by Heidi Richards, my chief administrative staff, because her mother was there. And then my son end up being there for about ten days. And while my son was there, believe or not -- or not, my mother was there for two days out of those ten days that my son was

64

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

there.

And I have to tell you that, in addition to the things I said about providing an economic uplift for the community, and employment, the staff at Florida Medical Center is phenomenal, especially your nurses. They -- they were so gracious, so helpful, so well trained that it helped the pain that we were going through at the time.

So, I -- I want to go ahead and take the time to just honor you guys for what you do. Thank you so much.

And everyone in the medical field ought to be honored, because we don’t know when we need them until we need them (inaudible), and the great work they do to save lives.

It’s a Proclamation requested by Commissioner Dale V.C. Holness, Broward County. And it reads:

Whereas Florida Medical Center, a campus of North Shore, is a 459-bed acute care hospital that was founded in 1973 and performed the first open heart surgery in Broward County; and

Whereas Florida Medical Center is home of the Heart Institute of Florida, a center for cardiac services which offers a hybrid operation suite, heart valve clinic, electro-physiology, lab and chest pain center; and

Whereas Florida Medical Center has been named top ten percent in the nation in cardiology, and is a five-star recipient for the treatment of heart failure; and

Whereas Florida Medical Center is the first hospital in Florida to achieve full chest pain center with primary (inaudible) and (inaudible) accreditation from the Society of Cardiovascular Patient Care; and

Whereas Florida Medical Center offers a broad range of other medical and surgical services, is committed to excellent patient care, and achieving

65

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

recognition for deliver -- delivering high quality innovative care; and

Whereas the Heart Institute of Florida at Florida Medical Center offers a complete range of heart and vascular treatments so community members can get the care they need; and

Whereas Florida Medical Center achieved recognition as a leader in lesbian, gay, bisexual, trans(inaudible) -- trans(inaudible) or questioning, LGBT healthcare equality by the Foundation of the Human Rights Campaign, the largest LGBTQ civil rights organization in the United States;

Now, therefore, be it proclaimed by the Board of County Commissioners of Broward County, Florida, that the Board hereby designates Tuesday, December 12th, 2017 as Florida Medical Center Day in Broward County, Florida.

(Applause.)

MR. ABSHIER: Again, Trey Abshier, CEO, Florida Medical Center.

I just want to say thank you for this opportunity. We’re both humbled and honored to be invited to achieve such a recognition. It’s -- it’s certainly not -- not made possible by any one person, but we do have a great group of nurses and physicians that provide excellent care every day.

For those that aren’t aware, FMC is located at Oakland and the Turnpike, and, as he mentioned, we’ve been providing care for Broward County for quite some time now, and look forward to serving the Broward County community for many years to come.

So, thank you.

MAYOR FURR: Thank you.

COMMISSIONER HOLNESS: (Inaudible.)

66

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: You want to do a picture? Okay.

(Applause.)

UNIDENTIFIED SPEAKERS: (Inaudible.)

(Picture taken.)

MAYOR FURR: Thank you for that.

And the final Proclamation is for the Broward County League of Women Voters Gun Saf ety Committee, as presented to Bradette Jepsen and Barbara Markley.

And this is going to be presented by Commissioner Sharief. And if you all can make your way to the podium.

Thank you.

COMMISSIONER SHARIEF: Hi. Nice to see you.

UNIDENTIFIED SPEAKER: Good to see you, too.

COMMISSIONER SHARIEF: Hey. Good morning.

UNIDENTIFIED SPEAKER: Good morning.

COMMISSIONER SHARIEF: All right. Come on down.

Thank you, Mayor.

This Proclamation reads:

Whereas Broward County’s main priority is public safety and protecting the residents who reside here; and

67

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Whereas gun violence has been increasing throughout the United States in recent years, and events like the Pulse Nightclub shooting and the Las Vegas shooting can attest to that;

Whereas the firearm homicide rate in the United States is 20 times higher than the combined rates of 22 countries that are considered our peers in wealth and population; and

Whereas support for the Second Amendment rights of law abiding citizens goes hand-in-hand with keeping guns away from dangerous people; and

Whereas universal background checks for gun sales and a ban on all semi- automatic assault weapons are all ways that gun violence can be actively prevented;

Now, therefore, be it proclaimed by the Board of County Commissioners of Broward County, Florida that the Board hereby designates its support for the Broward County League of Women Voters Gun Safety Committee, signed by our illustrious Mayor, Beam Furr.

(Applause.)

MS. JEPSEN: Thank you.

COMMISSIONER SHARIEF: Would you like to say a few words?

MS. JEPSEN: Yeah, a couple, thanks. Yeah.

First of all, thank you, Commissioners, and thank you particularly fellow League Member Dr. Sharief, for working on this.

Gun violence is no stranger to Broward County. As recent events last January showed, mass shootings not only kill and injure people, there are long-lasting effects to individuals in our community.

68

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

So, there are over 38,000 people that die from gun violence every year in the United States.

Some say that there’s nothing we can do about that. But they are wrong. Countries with strong gun control measures, and states now with some strong gun control measures, have fewer gun deaths. The statistics are very clear.

So, the League of Women Voters Coalition to Prevent Gun Violence supports legislation that implements stronger gun control in our state.

And we appreciate the support of all leaders in what we do. And we appreciate very much your support and thank you for the Proclamation again.

But most of all, we thank you for being the kind of leaders who will stand up and address this problem.

Thank you so much.

MAYOR FURR: Thank you. Thank you.

(Applause.)

COMMISSIONER SHARIEF: We’re going to take a picture.

UNIDENTIFIED SPEAKERS: (Inaudible.)

(Picture taken.)

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Okay. Thank you.

69

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

CONSENT AGENDA

MAYOR FURR: And we’re going to go on to -- I’m going to go ahead and read the Tuesday morning memo.

The following requests are submitted for your consideration.

Consent items are 1 through 63.

Public Hearing items are 64 through 71.

Regular items are 72 through 86.

I request the following withdrawals and inclusion of additional information.

Item Number 2, withdrawn for further staff review.

Item Number 37, withdrawn for further staff review.

Scrivener’s errors.

Item Number 3, Motion E currently reads motion to approve to provide notice of the agreement of sublease as amended and authorize the Mayor and Clerk to execute same. It should read motion to approve to provide notice of the agreement of sublease as amended.

Item Number 8, Exhibit 1, page 8, signature page has been edited to reflect the new County Attorney.

Item Number 41, Exhibit 2, page 2, signature page has been edited to reflect the new County Attorney.

Item Number 74, Exhibit 2, page 5, the fifth and sixth line of Section 4(B) currently reads 25 percent of the net cash flow. It should read 25 percent of the cash flow. Good catch by Commissioner Udine on that.

70

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: Every once in a while.

MAYOR FURR: Every once in a while, you -- I know. I’m going, how did he catch that.

Item Number 83, motion to approve partial waiver of deed restriction, should be Number 84.

Additional information.

Item Number 3, Motions B and C, additional statement to the summary explanation slash background. The County was not a party to the guarantee of sublease dated November 29th, 1995 entered into between H. Wayne Huizenga and Embraer -- Embraer --

UNIDENTIFIED SPEAKER: Embraer.

MAYOR FURR: -- Embraer Aircraft Corporation as referenced in the mutual termination of sublease agreement, but the County is acknowledging the termination of same.

Item Number 11, signature pages have been received.

Item Number 41, signature pages have been received.

Item Number 72, replacement motions. A -- it’s going to be A now, motion to authorize the filing of litigation as approved by the County Attorney against pharmaceutical manufacturers and distributors related to the opioid epidemic, and B, motion to provide direction to the County Attorney regarding the selection and retention of outside counsel to represent the County in connection with any such litigation.

Item Number 84, addition of the following language to the end of Motion A: quotation marks, provided the projects are built with a ten-year time frame, close quotation marks.

71

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Item Number 84, Exhibit 4, partial waiver of deed restriction from the City of Miramar, signature pages have been received.

Item Number 84, time certain for 11:30 a.m.

And I request without objection Item 73, 74, 76, 77, 78, 80, 83, and 85 be moved to Consent.

Additional material.

The -- Item Number 24, proposed ordinance changes submitted by Environmental Protection and Growth Management.

Item Number 25, memo to Board from the Office of Management and Budget.

Item Number 29, replace Exhibit 1 submitted by Environmental Protection and Growth Management.

Item Number 32, memo to Board from Finance and Administrative Services Department.

Item Number 75, memo to the board from Finance and Administrative Services Department.

Item Number 75 parenthesis 2, memo to the Board from the Finance and Administrative Services Department.

And Item Number 84, replacement Exhibit 6 submitted -- submitted by Commissioner Sharief.

Are there any pulls from the Consent Agenda?

I’m going to start with Commissioner Holness.

72

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER HOLNESS: None. (Inaudible.)

MAYOR FURR: None?

Oh, I’m sorry. Commissioner Geller.

COMMISSIONER GELLER: Same as Holness.

MAYOR FURR: Okay.

UNIDENTIFIED SPEAKER: (Inaudible) the County Attorney.

MAYOR FURR: Okay. Commissioner LaMarca?

COMMISSIONER LAMARCA: None.

MAYOR FURR: None.

Commissioner Sharief?

COMMISSIONER SHARIEF: None.

MAYOR FURR: I like this. Keep going. Don’t -- don’t mess it up, Vice Mayor Bogen.

VICE MAYOR BOGEN: For -- Commissioner Ryan asked me to pull Item Number 36.

MAYOR FURR: Okay.

COMMISSIONER UDINE: Item --

MAYOR FURR: Commissioner Udine?

COMMISSIONER UDINE: -- Item 32 for some brief comments.

MAYOR FURR: Okay. 32?

73

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: Yes.

MAYOR FURR: Commissioner Rich?

COMMISSIONER RICH: None.

MAYOR FURR: None. Okay.

Okay. And we have a -- we have -- from the public, we have Item 17, 34, 19, 43, and 27 pulled from the Consent item -- from the Consent Agenda.

And --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: No. Okay. All right.

The new -- the new Consent Agenda item consists of all -- all the Consent items that were listed on the Tuesday memo plus the ones I asked to add without objection, minus 17, 19, 27, 32, 34, 36, 43 --

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: These were all the ones that were public.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER SHARIEF: Wait a minute. So, public was --

MAYOR FURR: Public has pulled -- public pulled 17, 19, 34, 43, and 27.

COMMISSIONER SHARIEF: And then Commissioners pulled 32 and 36.

MAYOR FURR: Correct.

74

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER SHARIEF: Okay.

MAYOR FURR: Okay?

COMMISSIONER SHARIEF: So, I have a -- I’ll make the motion.

MAYOR FURR: Okay.

COMMISSIONER UDINE: Second.

MAYOR FURR: We have a motion and a second.

All those in favor?

Any opposed?

Let the record show that passes unanimously.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Give everybody a moment to -- to leave.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: What’s that?

COMMISSIONER SHARIEF: Could you tell them not to (inaudible)?

MAYOR FURR: If you could -- on your way out, if you could exit quietly, that’d be -- that’d help.

VOTE PASSES UNANIMOUSLY.

(COMMISSIONERS LAMARCA AND RYAN WERE NOT PRESENT FOR THE VOTE.)

75

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

AGENDA ITEM 17

MAYOR FURR: We’re going to go ahead and start. We’ll start with Number 17. And Barbara Weinstein. Barbara? Barbara?

DR. WEINSTEIN: Yes.

MAYOR FURR: Number 17.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Barbara, wait just a second. We’ll -- I’m going to wait until everybody clears out for just a second, okay?

COMMISSIONER SHARIEF: Just tell them to please exit quietly. Bang your gavel.

MAYOR FURR: No, they’re --

COMMISSIONER SHARIEF: Hit your gavel.

MAYOR FURR: -- they’re on their way out.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER SHARIEF: Beam, get these people out of here.

MAYOR FURR: If you all would please exit quietly so we can go ahead and get going, I’d -- we’d appreciate it, so Barbara can speak.

DR. WEINSTEIN: I just wanted to take a moment to thank the Commission for caring about the children of our community.

76

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Hold on. Hold on, Barbara. (Strikes gavel.) If you all could exit quietly please, so we -- we have a speaker speaking.

Barbara, go ahead.

DR. WEINSTEIN: I just wanted to thank the Commission for caring about the children of our community and helped Family Central through a very disastrous situation when the state took over $3,000,000 statewide out of our budget for early childhood program called HIPPY, Home Instruction for Parents of Preschool Youngsters.

(COMMISSIONER RYAN ENTERED THE ROOM.)

DR. WEINSTEIN: With the help of the County and the Children’s Services Council and United Way, we are able to make sure that 82 families that would have been out of care and in the streets will have the services.

I am grateful to each and every one of you for your kindness, your concern, and your dedication.

And on behalf of the children that we serve, I wish you a blessed holiday, a wonderful 2018, and just know that you may have saved a child’s life.

Thank you.

MAYOR FURR: Thank you, Barbara, for all you do. Appreciate it.

(Applause.)

MAYOR FURR: Any other comments?

COMMISSIONER HOLNESS: So moved.

77

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER SHARIEF: Second.

MAYOR FURR: Do I have a second? Okay.

All those in favor?

Any opposed?

Let the record show 17 passes unanimously.

VOTE PASSES UNANIMOUSLY.

(COMMISSIONER LAMARCA WAS NOT PRESENT FOR THE VOTE.)

AGENDA ITEM 19

MAYOR FURR: We’re going to go to Item --

COMMISSIONER SHARIEF: 19.

MAYOR FURR: -- 19.

And we have Martin Jensen to speak.

MR. JENSEN: Hi, good morning. I’m just here in case there’s any questions.

MAYOR FURR: Okay. On 19? Okay. And I -- any questions from the --

COMMISSIONER SHARIEF: Motion to approve.

MAYOR FURR: -- Commission?

COMMISSIONER UDINE: Second.

78

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay.

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: Okay. We have a motion and a second.

All those in favor?

Any opposed?

That passes unanimously, no questions.

VOTE PASSES UNANIMOUSLY.

MR. JENSEN: Thank you, very much.

MAYOR FURR: Thank you.

UNIDENTIFIED SPEAKER: Well done.

MAYOR FURR: Good job.

AGENDA ITEM 27

MAYOR FURR: Going to go to Item 27.

Russell Rand. We have two minutes.

Good morning, Russell.

MR. RAND: Good morning.

79

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Wait a minute. Let me -- okay.

MR. RAND: So local mitigation strategy. Did anybody actually read this? I actually read it.

There’s a whole lot of things in here. It lists critical facilities as City Halls, Fire/Rescue, hospitals, police, and all that, but it doesn’t list critical care facilities, for instance. So, you’re not prioritizing where the needs are -- are most needed.

It lists extreme heat as a danger, and that heat is the leading killer in the United States in large cities that rarely have heat events, but the vulnerability to the local that’s listed as Broward County is it’s anticipated that many casualties will be avoided as many people utilize air-conditioned shelter space made available throughout Broward County.

Well, that’s not a valid assumption, is it?

There’s an assumption that the salinity gates would stop westward flow of storm surge, and that’s just not true. And I’ve seen there’s only a foot difference at high tide and the King Tide. So, if you -- you had a storm at the -- worst case scenario, there’d be extensive flooding westward.

The document lists a SLOSH model based on Biscayne Bay. So, if you think about south Miami, which is much more vulnerable, and they ran a computer model, it doesn’t really impact -- it doesn’t show Broward County properly.

They did a workshop that had a small tropical storm. So, if you do a workshop and it’s just a tropical storm, you’re not really assessing the worst-case scenario.

This document, that’s written by a bunch of bureaucrats, 313 pages long or so, with the addendums and all that, no -- no average person could read through all this stuff. No County, city employee could read through this and make sense of

80

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

it. I tried. It’s really difficult.

Maybe the people who wrote the document could make sense of it. I don’t know.

Again, the -- the biggest problem facing Broward County is a Category 3 major hurricane, which hasn’t happened since the 1940s. There would be extensive damage, extensive flooding, et cetera.

Thank you.

MAYOR FURR: Thank you, Russell.

I’ll entertain a motion to approve.

VICE MAYOR BOGEN: Move it.

MAYOR FURR: Do I have a second?

COMMISSIONER SHARIEF: Second.

MAYOR FURR: All those in favor?

Any opposed?

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 32

MAYOR FURR: I’m going to go on to Item Number 32. And this was pulled by Commissioner Udine.

81

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: Thank you, Mayor.

I’m supportive of this, but I just did want to pull it because I thought that this is something that should be mentioned more public than just on the Consent Agenda.

I think that this was a fantastic, very high-level piece of work by our Finance Department. This is, you know, the equivalent of New York investment banking style financial management that is going to provide taxpayers, at a minimum, $10,000,000 in savings by doing this.

The Series Tranche A 2010 bonds, the pre-refunding there alone is a $20,000,000 savings.

All of this is being -- was staff generated in response to the federal tax law changes that could potentially be coming down the pike, so this will be done on an expedited basis before the end of the year so we can take favorable tax treatment.

I -- I would just like to say on the B and C Tranche, which is more of a term of art afterwards, there will be a saving to the taxpayers, but when County Finance does this, I think it should also be signed off by the County Administrator, and then I think that they should make a report back to us in the beginning of January whether they took advantage of this option or not.

But I would defer to Finance staff, who I think did an excellent job for the taxpayers of Broward County on this.

And I’m going to support this when it comes.

MAYOR FURR: Thank you.

Commissioner LaMarca, then Commissioner Geller, then Commissioner Bogen.

82

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER LAMARCA: Thank you.

I’ve had the privilege of serving on and as a co-chair and over the last two or three years anyway, chairing the Florida Association of Counties’ Finance and Tax Administration Committee, and then also at the National Association of Counties the Finance, Pension, and Intergovernmental Affairs Committee under two chairs for the National Association.

And I’m going to -- one of my last orders of business at the end of this year is to nominate that you get involved in -- in either one of those or both of those, because it’s -- it’s very -- look, we’re all watching TV, we’re all seeing, you know, what -- what’s in this tax -- tax plan. And I’m sure we can all talk ourselves in or out of something based on what part of something that comes from Washington helps or hurts us.

But the two -- the -- the one issue that is extremely important for local governments -- and I can make a -- a point to a conservative or a progressive on this issue -- and that is the municipal -- the tax-exempt status of municipal bonds that goes back to when our tax code was created. It goes -- it goes back to the Lincoln presidency. So, it goes back a bit.

It’s -- it is our original P3 mechanism. And for that to be even considered to be removed would -- would jeopardize the work that we’ve done, that we will do at the airport, seaport, large projects.

Tampa International Airport has already made some changes with respect to what work they can do and what work they are not sure that they’re going to be able to get done in their major airport renovations.

The other two things that are extremely important is the advance re-funding, which allows us -- allows institutions like ours to go out for re-funding on an existing bond, and, finally, the private activity bonds, which -- which goes really to those large infrastructure projects.

83

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

These are issues that, if anybody is watching this live or repeated, and the folks that are here, if you want to do something constructive with our -- with your time for our federal government, reach out to all of -- all of our members and advocate that these be saved in -- in the tax plan, because they affect all of us and the ability to deliver services and build infrastructure.

MAYOR FURR: Thank you.

Commissioner Geller.

COMMISSIONER GELLER: My remarks will be considerably shorter, because Commissioner LaMarca just said much of what I was going to.

MAYOR FURR: Thank you, Commissioner LaMarca.

COMMISSIONER GELLER: I think --

(Laughter.)

COMMISSIONER LAMARCA: I didn’t say it as eloquently.

COMMISSIONER GELLER: -- I think that this is actually a crucial issue, and I hope that the press that’s here will pay attention to it. In fact, although they didn’t print it, when I wrote this weekend in the South Florida 100, it was on this exact topic --

MAYOR FURR: Uh-huh.

COMMISSIONER GELLER: -- because the affect that the current federal tax bill would have on local governments is devastating the advanced re-funding. I mean, basically, it’s just saying if interest rates go down, you can’t re-issue your bonds at the tax-favored status. That’s insane.

The affect that it would have on our airport and seaport with the private activity bonds -- I mean, there’s three categories of bonds that are being particularly affected by the proposed federal tax bill.

84

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

The affect is devastating on local governments.

And I hope that the media does pay some attention, because I’ve seen almost no coverage of that absolutely crucial component, and we do need to be more wary on that.

And, Commissioner LaMarca, thank you for your comments and your leadership on that.

MAYOR FURR: Commissioner Bogen, then Commissioner Holness.

VICE MAYOR BOGEN: You know, in following up to Commissioner Udine’s comments on Item Number 32, I -- my eyesight’s pretty bad, but I think there’s a gentleman sitting straight back from me right now, and I think this County’s got a great asset in our CFO George Tablack, who is really responsible. And I want to thank him for doing such great work on behalf of the citizens of Broward County.

Thank you.

MAYOR FURR: Commissioner Holness.

COMMISSIONER HOLNESS: I’m compelled to -- to thank Commissioner LaMarca. And in our -- we know at times we kid about the partisanship and he’s leader of the minority party up here, but his statement just now definitely wasn’t partisan. And -- and it’s great to see that we have people like him on the other side of the aisle.

I hope that more of the members of your party in Washington will recognize that it’s not about the next election. It’s about the people we serve.

And thanks to our staff for the stellar work that they do to get us here.

And -- and I -- and I wish we could do more, but I think we’re restrained from

85

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

doing much more. But I know that you have your eyes, County Administrator and -- and Mr. Tablack and the rest of the staff, on what we can do to take preemptive steps to ensure that this doesn’t cost our taxpayers much more than it’s -- I hope it doesn’t happen.

UNIDENTIFIED SPEAKER: Yeah.

COMMISSIONER HOLNESS: I pray that for our sake, and for the people we sake -- serve sake.

MAYOR FURR: Thank you.

And I just -- I just want to chime in.

I just thought it was a very impressive piece of work, and a very good insurance policy for -- for our Commission. I think all of us appreciate you all -- you all looking forward for -- for the entire County on this.

So, thank you.

I’ll entertain a motion --

COMMISSIONER UDINE: With that --

MAYOR FURR: -- to approve.

COMMISSIONER UDINE: -- I’ll -- I’ll move the item.

COMMISSIONER SHARIEF: Second.

MAYOR FURR: I have a motion and a second.

All those in favor?

Any opposed?

86

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 34

MAYOR FURR: We’ll go to Item 34.

Russell Rand, you have two minutes.

MR. RAND: This is a union contract that gives certain structure to working conditions between management and the employees of Broward County.

I stand here with a longstanding employee issue. It -- basically, nobody ever followed the contract, and it states clearly there should be an arbitration. No such thing has ever happened. Never had an arbitration, settlement day in court, anything. My supervisors did not initiate or participate in any kind of disciplinary or grievance. Nobody was allowed to testify.

So, if you have a summary rush to judgment and execution, and -- and then forestall any appropriate actions that are contained in this document -- I’m sure you didn’t read it, either, any more than the disaster plan.

But it’s similar to the disaster plan. If you pile too much stuff on higher and deeper, and if you cherry pick issues and then don’t allow people to testify or do anything, then you’re not working on a factual basis.

And that should be the lynchpin, the kingpin of Broward County government, that truth leads to trust in government. If not, then we have little trust in government.

And the issue of sexual harassment and retaliation is white-hot in the media

87

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

today. And I’m a victim of sexual harassment and retaliation. Whistle-blower. Been contaminated for 43 years.

The HR Director initiated a false sexual harassment against me and a clerk. She denied categorically any such thing was going on.

This is indicative of a lot of the lies that are misrepresented as -- as fake -- fake facts in your charging documents and all.

Then if nobody ever looks at it and all, you get a bunch of -- bunch of stuff against me that I have no ability to work through, much like your disaster plan. I’ll probably end up in a nursing home being --

MAYOR FURR: Russell, I’m going to ask you --

MR. RAND: -- homicide --

MAYOR FURR: -- to stay on point here. You need to stay on point on the contract.

MR. RAND: On point on the contract. That’s a structure that -- that -- that neither side is engaging in properly. That’s the point.

MAYOR FURR: Okay. Thank you.

I will entertain a motion on this.

VICE MAYOR BOGEN: Move it.

COMMISSIONER SHARIEF: Second.

MAYOR FURR: Do I -- I have a motion and a second.

All those in favor?

Any opposed?

88

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Seeing none, the -- let the record show this passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 36

MAYOR FURR: We’ll go to Item 36.

Commissioner Ryan.

COMMISSIONER RYAN: This item is the motion to award a contract, a fixed contract for the residential sound insulation program at the airport for mitigation, noise mitigation for 112 homes. It’s part of a series of homes, 1200 total, that are eligible for the sound insulation program.

We have a time line that we’re working on, because there is, in June of 2019, going to be a shutdown of the North Runway for several months in order to do a -- an extensive re-work, re-surfacing of the -- the runway.

And, to the County Administrator, do you have somebody here that can speak to that issue?

COMMISSIONER HOLNESS: Yes. Mr. Gale, if you can come to the podium.

MR. GALE: Good morning, Commissioners.

UNIDENTIFIED SPEAKER: Good morning.

COMMISSIONER RYAN: Good morning, Mr. Gale.

UNIDENTIFIED SPEAKER: Good morning.

89

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: As the Aviation Director, I know that you’re keeping a close eye on this residential sound insulation program. Approximately 700 homes have already had that work completed, and there are approximately 500 that are going in groups that will be under construction, hopefully within the next 18 months to complete all of this work before the closure of the North Runway, because with that, you’re going to have extensive traffic on the South Runway, which adversely impacts a number of homes.

So, if you could speak to the time line that you anticipate at this time to -- you know, to complete that construction for these homes.

MR. GALE: Sure, Commissioner. Thank you, and good morning again, everyone.

The -- the sound insulation program, the noise program at the airport, has two major components to it, the residential sound insulation side of the house, as well as the sales assistance and the conveyance release side of -- of the house.

As you’ve mentioned, Commissioner, we do anticipate a -- a major closure of the North Runway in mid-2019. The runway carried the water, if you will, for -- for the airport for several years while the South Runway was being constructed. It is in need of a -- of a rehabilitation.

And it was our intent to actually close that runway. We’ve been working with our stakeholders, all the airlines, air traffic control, in advance, 18 months, 24 months in advance of that estimated closure so that we can get it done as quickly as possible, working 24 hours a day, seven days a week.

But we do recognize that the traffic will shift to the South Runway, and, as such, some of the residents around the area will see an increase in -- in some air traffic, in some noise.

So, it is our -- our hope and our anticipation, by trying to accelerate the noise program, get all those that were -- were expecting sound insulation, as well as their conveyance and release payments out of the way by -- by the May/June

90

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

‘19 time frame.

COMMISSIONER RYAN: Thank you.

With that, I move the item.

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: Is there a second?

MR. GALE: Thank you.

MAYOR FURR: We have a motion and a second. All those in favor, signify by saying aye.

All -- any opposed?

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 43

MAYOR FURR: We’ll go to Item 43.

And we have Michael Anderson. Michael, you have two -- two minutes. Is Michael still here?

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Okay. And Jack Melnicoff for questions only. Okay.

Michael, you have two minutes.

91

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. ANDERSON: Thanks so very much.

MAYOR FURR: You’re welcome.

MR. ANDERSON: Good morning.

MAYOR FURR: Good morning.

MR. ANDERSON: Yes, I -- I was looking at the agenda, and it stated was there a -- any benefit in moving forward in this approving Granicus extension.

I’d like to say, first of all, Granicus I think is a very good company, a very powerful company.

And, in my assessment, I think too powerful for some users, because you become -- or the administration become contractors, independent contractors of -- of the company.

And that company is very powerful. It has the ability to upload information onto Google. It also have the ability to remove information off of Google.

And the other thing is that I believe that even the citizens should know what the legal agreement between Granicus and its contractors. It states no abuse, no infringement on individuals, et cetera, et cetera.

And since I’m rushing for time, for instance, this has Google and my name. All fraudulent documents. I mean, different searches.

And using Google, they were able to even upload a decision written by an attorney onto a federal website. And here’s the script that was used to do that.

And, again, all of these -- and this is just a few pages, more than a few, but I have so many more.

92

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Thank you.

MR. ANDERSON: Thank you so much.

MAYOR FURR: Thank you, Michael.

We have Jack Melnicoff here for questions only. Does anybody have any questions for Granicus?

If not, I’ll entertain a motion.

COMMISSIONER GELLER: Move it.

UNIDENTIFIED SPEAKER: So moved.

COMMISSIONER HOLNESS: Second.

MAYOR FURR: I have a motion and a second.

Commissioner LaMarca, would you like --

COMMISSIONER LAMARCA: Just a quick comment.

MAYOR FURR: -- to speak on this?

COMMISSIONER LAMARCA: The -- the -- the features and access that we -- well, when we -- Commissioner Wexler, previous Commissioner, and myself moved this issue forward to do video and then be able to have archives on -- on the web, this -- for me, this product’s been great, because sometimes you’re out of town and you’re calling into a meeting. To go back and review something, it’s a -- to me, it’s been a great product.

And -- and for us to be able to get right to an item that we want to look back at, agenda item or that type of thing, I just -- I think it’s a great asset for the taxpayers and residents of Broward County to be able to keep an eye on what’s

93

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

going on if they can’t tune in right now.

MAYOR FURR: Thank you.

Anyone else?

Okay. We have a motion and a second.

All those in favor, signify by saying aye.

Any opposed?

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

PUBLIC HEARING

AGENDA ITEM 64

MAYOR FURR: We’re now going to go the Public Hearing. Item 64. That -- that finishes the Consent items.

Item 64 is a motion to adopt supplemental budget resolution -- first of all, let me open the Public Hearing.

This is a motion to adopt supplemental budget resolution within the General Fund in the amount of $63,119,816 for prior year carry overs and other commitments.

Is there anyone in the audience that would wish to speak on this?

Seeing none, I’ll entertain a motion.

94

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKER: Motion.

COMMISSIONER SHARIEF: Move it.

COMMISSIONER HOLNESS: Second.

MAYOR FURR: I have a motion and a second.

All those, signify by saying aye -- in favor.

Any opposed?

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 65

MAYOR FURR: We’ll go to Item 65.

I’d like to open up the Public Hearing.

This is a motion to adopt supplemental budget resolution within the Special Purpose Funds and Trust funds.

All those in favor of -- oh.

COMMISSIONER SHARIEF: Motion to approve.

MAYOR FURR: I’ve got to --

COMMISSIONER UDINE: Second.

95

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: -- see if there’s anybody in the public that wants to speak to this.

Anybody want --

UNIDENTIFIED SPEAKER: Slow down.

MAYOR FURR: Yeah, I’m trying to move this along. It’s going to be a long day.

All those in favor -- no, not that.

Is there anyone in the public who’d like to speak to this?

Seeing none, I’ll entertain -- we have a motion --

COMMISSIONER SHARIEF: We have a motion.

MAYOR FURR: -- we have a motion and a second.

All those in favor?

Any -- any opposed?

Let the record show that passes unanimously -- unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 66

MAYOR FURR: We’ll go to Item 66.

I’d like to open up the Public Hearing.

96

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

You want to speak to this?

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: On 66?

UNIDENTIFIED SPEAKER: Uh-huh.

MAYOR FURR: Okay. This is a motion to adopt the supplemental budget resolution within the Special Revenue Fund in the -- in the amount of $4,668,249, primarily to reappropriate funds for prior year commitments.

Is there anyone in the audience who would like to speak to this?

Seeing none, I’ll entertain a motion.

COMMISSIONER GELLER: So moved.

VICE MAYOR BOGEN: Second.

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER LAMARCA: Before you had a motion. I’m sorry.

Mayor, just to make a statement.

I serve on the Board of Trustees of the Museum of Discovery and Science, which would receive some funding under Item Number 66.

I do not receive any compensation for serving on that board, therefore, I have no actual statutory voting conflict.

However, to avoid the appearance of a conflict, I am abstaining on Item 66 and ask that that be reflected in the minutes. And I won’t leave the dais.

97

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. I’ll entertain a motion.

COMMISSIONER SHARIEF: Motion to approve.

COMMISSIONER HOLNESS: Second.

MAYOR FURR: I have a motion and a second.

All those in favor?

Any opposed?

Let the record show that passes 8 to 0 with an abstention by Commissioner LaMarca.

VOTE PASSES UNANIMOUSLY WITH COMMISSIONER LAMARCA ABSTAINING FROM VOTING.

AGENDA ITEM 67

MAYOR FURR: We’re on Item 67.

I’d like to open up the Public Hearing.

This is a motion to adopt supplemental budget resolution with the -- within the Capital Fund in the amount of $2,885,000.

Is there anyone in the public that would like to speak to this?

Seeing none --

COMMISSIONER GELLER: Move approval.

98

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER SHARIEF: Second.

MAYOR FURR: -- we have a motion, we have a -- a second.

All those in favor?

Any opposed?

Let the record show that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 68

MAYOR FURR: We’ll go to Item 68.

I’d like to open up the Public Hearing.

This is a motion to adopt supplemental budget resolution within the Enterprise Funds in the amount of $6,221,682, primarily to reappropriate funds for prior year commitments.

Is there anyone in the -- the audience who would like to speak to this?

Seeing none, I’ll entertain a motion.

COMMISSIONER GELLER: So moved.

COMMISSIONER SHARIEF: Second.

MAYOR FURR: I have a motion and a second.

99

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

All those in favor?

Any opposed?

That passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 69

MAYOR FURR: Item Number 69.

I’d like to open up the Public Hearing.

This is a motion to adopt supplement budget resolution within the Internal Service Funds in the amount of $1, 171,462, primarily to reappropriate funds for prior year commitments.

Is there any -- anyone in the audience that would like to speak to this?

Seeing none, I’ll entertain a motion.

COMMISSIONER GELLER: Move for approval.

COMMISSIONER SHARIEF: Second.

MAYOR FURR: We have a motion and a second.

All those, signify by saying aye.

Any opposed?

That passes unanimously.

100

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 70

MAYOR FURR: We’ll go to Number 70.

I’ll open up the Public Hearing.

This is a motion to adopt resolution to vacate the right of way lying within a portrait [sic] of Tract A of the F.F. Minione Plat, located at 1600 West Sample Road in Pompano Beach, at no cost to the County.

Is there anyone who’d like to speak to that?

I have no -- I have no pulls.

I’ll entertain a motion.

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER SHARIEF: Motion to approve.

COMMISSIONER GELLER: Second.

MAYOR FURR: I have a -- I have a motion and a second.

All those in favor?

Any opposed?

That passes unanimously.

101

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 71

MAYOR FURR: And we have on 71, this is being requested to be withdrawn; is that what I understand?

MR. MEYERS: Yes, sir. But I believe that the applicant may have pulled the item for questions only.

MAYOR FURR: Okay.

MR. MEYERS: And -- and because of that, if there are no question, I think that the appropriate motion by the Board would be, in order to avoid any denial of rights, a -- a motion to defer indefinitely.

MAYOR FURR: Okay. I’ll entertain that motion.

COMMISSIONER UDINE: I’ll make a motion to defer indefinitely.

MAYOR FURR: Thank you.

COMMISSIONER SHARIEF: Second.

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: We have a motion and a second to defer.

And all those in favor, say yes -- say aye.

Any opposed?

That passes unanimously.

102

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE PASSES UNANIMOUSLY.

REGULAR AGENDA

AGENDA ITEM 72

MAYOR FURR: Okay. We are now off --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: -- off and running to --

COMMISSIONER SHARIEF: 72.

MAYOR FURR: -- 72.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: On this one? Oh, on the next one? Okay.

Okay. 72 is a motion to provide direction to the County Attorney regarding potential litigation.

And I would like the County Attorney to -- to frame this, if they would.

MR. MEYERS: Yes, sir.

The item, pursuant to the Tuesday morning memo, has been bifurcated. So, Part A, and the first decision for the Board, is to determine whether the County should initiate litigation in relation to the opioid epidemic.

The -- the second item, which is Part B, which is only relevant if you vote yes

103

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

on Part A, would be to provide direction to the County Attorney in terms of selection and retention of outside litigation counsel.

I can address any specific questions when they come up.

MAYOR FURR: Okay. We have a number of speakers on this.

Vice Mayor Bogen, do you need to --

VICE MAYOR BOGEN: I want to wait until B.

MAYOR FURR: You’re going to -- oh, you’re going to wait until B do to that. Okay.

VICE MAYOR BOGEN: (Inaudible.)

AGENDA ITEM 72 A

MAYOR FURR: And -- okay. We’re going to take -- we’re going to bifurcate this. And the first Commissioner on -- to speak to this will be Commissioner Ryan, then Commissioner Sharief, then Commissioner Geller.

Commissioner Ryan.

COMMISSIONER RYAN: To the County Attorney, you spoke about the initial matter for consideration is whether to even engage in the litigation.

What do you expect to accomplish with regard to compensation? What are -- what are the issues that are out there that -- that are compensable? What type of damages have -- you know, has this community suffered that you expect to receive an award in litigation?

(COMMISSIONER GELLER LEFT THE ROOM.)

104

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: That’s a very complex question. There are a lot of different potential elements of damage.

The County has been damaged as an employer, as an insurer, and as a service provider.

There are different theories that can be pursued to try to recover financial damages in connection with all of those losses.

It’s difficult to quantify the extent of those losses, but there are also non- monetary benefits that are available, and I’ll call them quasi-monetary benefits, funds that could be set up for education and treatment. Injunctive relief is available.

There is a lot of potential upside that is difficult to quantify in terms of direct financial benefits, but we believe that when you’re making this decision, you consider the upside and the downside. We believe that it could be structured in a way that the financial downside is relatively limited.

COMMISSIONER RYAN: All right. There are a number of -- of governmental entities that have already initiated litigation against pharmaceutical companies regarding the opiate crisis.

So what benefits do we receive by moving as quickly as possible to determine whether we’re going to engage in litigation, and then, ultimately, what firms we might hire and how we will retain those firms?

What’s the -- what’s the benefit if we get into the litigation early?

MR. MEYERS: Unless we’re able to keep our case in state court, our claims will probably be folded into the multi-district litigation that will be pending for all pre- trial purposes in the Northern District of Ohio Federal Court.

(COMMISSIONER GELLER RETURNED TO THE ROOM.)

105

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: There are certain advantages to getting involved early, including potentially having the legal team that we represent being involved in leadership, or sort of the steering of the multi-district litigation.

So, I -- I don’t see a lot of advantages to delaying.

There’s no guarantee that the firm or -- or team that we select if the County decides to go forward will wind up in leadership. The only way to guarantee that your counsel will be on leadership is to wait until the court determines which firms will -- will lead, and then you select one of those firms.

There are disadvantages to waiting, as well.

So, we -- we think that, given that the federal court is -- is likely to rule on leadership and related issues in early to mid to late January, we think we should be in a position to select counsel if the County decides to pursue this litigation.

COMMISSIONER RYAN: So, it’s for that basis that you -- you want to look for this direction as quickly as possible.

MR. MEYERS: Yes, sir.

COMMISSIONER RYAN: All right. Thank you.

MAYOR FURR: Commissioner Sharief, then Commissioner Geller.

COMMISSIONER SHARIEF: Thank you.

County Attorney, I just wanted to know, in terms of the fentanyl use and the -- the opioid issue, aren’t there costs to the Medical Examiner’s Office for having to do the autopsies on these people that are overdosing?

In addition to that, wouldn’t there be some portion of this that we could claim

106

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

based on the indigent care funding that’s being utilized to treat the ones that are addicted or the ones that have succumbed and used services at our hospital districts?

MR. MEYERS: Yes, Commissioner. Our -- our claims, I can assure you, will be broad and would include elements based upon what you just stated.

There are certain theories that the defendants can use to try to defeat those claims. We’re aware of them and we’ve analyzed them.

But, certainly, we would be asserting those claims.

COMMISSIONER SHARIEF: Okay. Thank you.

MAYOR FURR: Commissioner Geller.

COMMISSIONER GELLER: Thank you, Mr. Chair.

Drew, a concern or question -- Senator, how are you -- okay, that I have is the wording of Motion A, which is kind of abstract.

I would certainly be supportive of initiating -- authorizing the County to initiate litigation, but only if I had confidence that a retainer agreement would be signed that would hold the County harmless.

Now, the retainer agreements that I have seen contain that language, that the costs would be paid by plaintiffs’ firms, things of that nature.

(COMMISSIONER RYAN LEFT THE ROOM.)

COMMISSIONER GELLER: So, when we do vote, can -- in your opinion, can we vote for A with a provision in it that the contract be entered into that would be substantially similar to some of the contracts you’ve shown us that the costs would be borne by counsel and that there would be some sort of hold harmless language that the County would not be held responsible?

107

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: Yes, sir, with -- with a caveat.

We would expect to enter into a contract consistent with the terms that are stated in the agenda item and a previous memo that we provided to the Board.

However, we cannot fully insulate the County from a potential cost and fee shifting that might be out there if we wind up in federal court. And we think we can limit that exposure so that there’s not a lot of significant downside.

But, yes, we -- we would intend to enter into a contract that contained terms at least as favorable as what we’ve stated in the agenda item.

COMMISSIONER GELLER: Mr. Chair, if there -- when there are no more questions, I’d like to make a motion on that.

MAYOR FURR: Okay. Commissioner LaMarca, did you want to speak to this?

COMMISSIONER LAMARCA: Thank you, Mayor.

This -- you know, when we’re talking about getting into a litigation like this, the first -- first thing that comes to my mind is the cost of the litigation affects every resident in the State of Florida to the tune of about $3,000.

However, this -- this has merit, and this is -- this is an issue that, if the facts play out as -- as we -- as we understand, people who have been aware of information that these opioids that were prescribed as non-addicting, prescribed very freely for everything from a root canal to a -- to minor surgery, not just for three to five to seven days in recovery, but two weeks, a month, three months, are -- are tremendously addicting and killing our community. We’re -- we’re losing I think 57,000 people is -- is the number for this year. If you go back and study the wars that this country has been in, the -- it’s not even close. The dismantling of families, the -- the death and destruction.

108

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And if someone knew about this, they should pay more than dearly. They should pay financially, they should pay criminally.

The -- the bottom line is that this does have a direct fiscal impact on our community, it has a direct fiscal impact on our Medical Examiner, who is preeminent in this -- in -- in dealing with this.

However, whether it’s cost of Narcan or -- or the services of our first responders, they can’t put your house fire out or save you when you’re having a heart attack if they’re going back and forth to some patients three and four times in a day who go back and do the same thing.

It’s -- it’s unfortunately, but it -- I guess the only positive from this is if this is eradicated and there’s something to replace it that -- that is not addicting.

The only other thing that I can say is positive to this whole thing is it will be probably the incident for this country that allows people to understand that this is an addiction, it’s a disease. It’s not something that someone else’s family got involved with or some other kid got involved with.

But it is -- it’s killing people and it’s costing upwards of 800,000,000,000 to a trillion dollars nationally. So, it definitely has a fiscal impact.

MAYOR FURR: Anyone else like to speak to this?

COMMISSIONER UDINE: Just briefly.

MAYOR FURR: Commissioner Udine.

COMMISSIONER UDINE: Thank you. I -- I agree with what Dr. Sharief had mentioned before.

UNIDENTIFIED SPEAKER: Dr. Sharief.

COMMISSIONER UDINE: There is definitely a -- and the others -- there is definitely a

109

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

specific monetary value that we’ll be able to fashion as what this is costing in -- in hard dollars from our service providers and the County in general.

I’m supportive of A and bringing the litigation.

I’m -- I’m not as concerned with the cost and fee shifting, because as this -- and -- and I think it will be covered by your office when you -- when you do the contract, but as this moves through the process, I’m less and less concerned with what our potential outcome is -- will be. I think this is going to be extremely successful litigation nationwide as we move forward with this.

Some of the studies that I’ve seen when we talk about the health issues, there are legitimate studies out there that are saying that this is capping the overall growth rate of the United States economy and -- and limiting it just because of this specific addiction problem on a nationwide basis.

And I think there’s real merit to that -- those studies that I’m reading that are saying that. I mean, there was just one the other day that we saw on the news that said people are afraid to get Christmas presents for some people now because there is a whole new black market of gift card fraud that’s hurting the retail establishments. Someone -- you know, you don’t want to give somebody money or -- or something. They’ll go in, shoplift something from a retail establishment, return it and get a gift card, and turn that into a -- a -- a method of pursuing and buying the opioids.

So, I -- I’m very much in favor of Option A, and I think Broward County, based on our progressive nature of the County, based on the size of the County, and based on where we’re located, I think we become a positive and very strong leader in any kind of future litigation to do this sooner rather than later.

So, when the time comes and a motion’s made, I’m very supportive of Option A.

MAYOR FURR: Thank you.

110

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Commissioner Rich?

COMMISSIONER RICH: Thank you, Mr. Mayor.

I think that our -- our County Attorney and his colleagues have really extensively analyzed the -- the proposed litigation, looking at the -- the -- certainly focusing on the attempt to limit the financial -- the financial downside of it.

And I think that there are really significant financial recoveries.

When I look at this, I look at it really the human toll. When -- when we look at -- and even in our background information here where we’re -- we have our Medical Examiner estimating that in 2017 in Broward County alone the number of overdose deaths involving opioids might exceed a thousand.

We look at the -- the -- it’s just an immense human toll, and I think that this is the best way to try and address that and the -- the financial impacts that it’s having on local governments, particularly here in south Florida.

So, I am certainly in favor of -- of A and moving ahead. And as quickly as possible, because I agree that -- I mean, whatever shot we can possibly take to be a part of the national and get involved with whoever -- whichever legal team is going to be selected or -- and hopefully we’ll pick the right one. If not, we’ll still be in -- in -- in the game.

But I just think it’s important to move ahead.

Some of our colleagues in the north and south of us are not quite where we are, so I -- I feel we need to just continue moving this forward.

MAYOR FURR: Commissioner Geller, would you like to make a motion?

COMMISSIONER GELLER: Yes, Mr. Mayor, thank you.

111

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

I’d like to move to authorize the County Attorney to file litigation, to authorize the County Attorney to use his discretion as to whether that is against -- the litigation is against the manufacturers, the distributors, or both, and, finally, to authorize the County Attorney -- and I’m sure with this provision he’ll be able to get them to agree that -- to direct the County Attorney to enter into contracts with -- and this is -- I guess we’ll get to who they are in B, but to authorize the County Attorney that, as part of the filing of litigation, that he reach an agreement with whatever team that would direct that the fee arrangement be substantially similar to that -- those documents that he has previously shared with the Commission which provide for the -- this to be on a contingent fee basis, with the law firms bearing the financial risk.

MAYOR FURR: Before I take a second, I’m going to listen to the County Attorney for just a moment.

MR. MEYERS: I just wanted to make sure that Senator Geller’s motion didn’t cross over and include any elements that would be in Motion B, only because I believe there --

MAYOR FURR: I think he cut it short.

MR. MEYERS: Okay. Just making -- okay.

MAYOR FURR: Yeah. I’ll -- I’ll take a second on this.

COMMISSIONER SHARIEF: Second.

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: We have a motion and a second.

Would it -- would you like to speak to this motion?

COMMISSIONER RICH: Yes.

112

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. Commissioner Rich.

COMMISSIONER RICH: I just -- there’s only one thing that I think Senator Geller said which I would disagree with and hope you would allow it to be changed, is not to leave it up to the option of our County Attorney about whether or not it should be manufacturers and distributors, manufacturers or distributors. I think it should be both, period, with -- we -- we have to look at both of those. Those are critical pieces of, you know, effort of trying to --

COMMISSIONER GELLER: Mr. Mayor --

COMMISSIONER RICH: -- to get this done.

COMMISSIONER GELLER: -- is it okay, in response to Commissioner Rich, if I ask the County Attorney’s view on -- as to whether he’s reached that decision yet?

If he has, I’m fine with it. If he hasn’t and if he thinks that it’s better for one or the other, I’d prefer to leave that discretion, but I’d like to ask the County Attorney his view.

(COMMISSIONER RYAN RETURNED TO THE ROOM.)

MAYOR FURR: Could we put -- could we just put and/or? Then you have both? Would that work?

COMMISSIONER GELLER: That -- I think (inaudible).

MAYOR FURR: That kind of -- that kind of --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: -- takes into consideration --

UNIDENTIFIED SPEAKER: That does the job.

113

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: -- that does the job, right? I think so.

UNIDENTIFIED SPEAKER: Yes.

COMMISSIONER RICH: Could he answer? Could he --

MAYOR FURR: Sure. County Attorney, go ahead and answer --

COMMISSIONER RICH: -- could he answer --

MAYOR FURR: -- please.

COMMISSIONER RICH: -- the question?

MR. MEYERS: I -- I suspect that the litigation would include both manufacturers and distributors. However, we are continuing to analyze this. It’s a very fluid situation. And I would like to have the discretion to bring action against potentially one and not both, with the availability of a subsequent amendment to add manufacturers or distributors if we decided to pursue only one initially.

I do believe the -- the odds are very high that the initial filing would cover both, however.

COMMISSIONER RICH: Okay. Thank you.

MAYOR FURR: Okay? Commissioner Bogen.

VICE MAYOR BOGEN: You may want to add and/or --

UNIDENTIFIED SPEAKER: (Inaudible.)

VICE MAYOR BOGEN: -- as -- as the Mayor just said --

COMMISSIONER RICH: Right.

114

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VICE MAYOR BOGEN: -- as well as any other party that’s deemed responsible, because there may be other parties besides the manufacturer and distributor.

So, I would give the authority to counsel to allow him to do it to any party they deem advisable.

MAYOR FURR: Commissioner, would you allow that as a friendly amendment?

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER GELLER: My motion was just to try and give the County Attorney the discretion --

(COMMISSIONER SHARIEF LEFT THE DAIS, BUT WAS IN THE ROOM FOR THE VOTE.)

COMMISSIONER GELLER: -- as he does his research, to sue whichever parties he deems appropriate, which is exactly what Commissioner Bogen --

MAYOR FURR: Okay.

COMMISSIONER GELLER: -- just said.

MAYOR FURR: Is everybody clear with the motion?

COMMISSIONER RICH: All right. That’s fine. Yeah.

MAYOR FURR: Okay. All those in favor?

Any opposed?

Let the record show that passes -- that is Part A, that passes unanimously.

VOTE PASSES UNANIMOUSLY.

115

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: We’ll now go to Part B, which is a motion to provide direction --

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: -- to the County --

UNIDENTIFIED SPEAKER: Mayor.

MS. CEPERO: Mr. Mayor?

MAYOR FURR: Sure. Yes.

MS. CEPERO: I believe there’s a question about that Commissioner Geller made the motion but he also seconded the motion. She didn’t have –

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: No, we had --

MS. CEPERO: -- she didn’t --

MAYOR FURR: -- we had seconds over here.

UNIDENTIFIED SPEAKER: I seconded.

MAYOR FURR: Sorry.

MS. CEPERO: She didn’t hear that, so I just wanted to --

MAYOR FURR: Oh, I’m sorry. Okay.

UNIDENTIFIED SPEAKER: Thank you.

116

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: -- clarify.

MAYOR FURR: Okay. You okay? Okay.

So, that passes unanimously.

VOTE PASSES UNANIMOUSLY.

AGENDA ITEM 72 B

MAYOR FURR: We’re going to Section B on 72, and this is a motion to provide direction to the County Attorney regarding the selection and retention of outside counsel.

VICE MAYOR BOGEN: I need to --

MAYOR FURR: And you need to speak. Commissioner Bogen.

VICE MAYOR BOGEN: This is my first time in three years doing this. So, I’m -- I’m reading this.

It says: I do business with law firms that may contract with one or more of the law firms being considered for this litigation.

I do not receive any compensation from any of the law firms that are being considered at issue. Therefore, I have no actual statutory voting conflict. However, to avoid the appearance of a conflict, I am abstaining on Motion B of Item 72, and ask that this be reflected in the minutes.

Thank you.

MAYOR FURR: Okay. Commissioner Ryan.

117

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: On Part B of this motion with regard to the authority to select specific law firms that would represent the County, as I understand this, the choice is either to give complete discretion to the County Attorney’s Office to determine which lawyer, which law firm or group of firms, may best represent the interest of the County, or for the -- the County Attorney to short list qualified firms and then bring that information to the -- to the Board for deliberation.

Is that as you understand this motion, County Attorney?

MR. MEYERS: Yes.

COMMISSIONER RYAN: All right. Do you have a -- a personal preference?

(Laughter.)

MR. MEYERS: I don’t have a -- a strong preference either way. It’s -- it’s the Board’s decision how to act and -- and what authority to bestow upon me and my office.

I will tell you that we have very carefully vetted 12 large litigation teams, not firms, but teams. Every team involved multiple firms. Three firms were vetted yesterday, one of which I may circle back with.

If anyone would like to have involvement in the process, that’s certainly the Board’s prerogative.

I’m not sure what it is, aside from adding your just general good judgment, that the Board could add to the vetting process that we haven’t already substantially done.

COMMISSIONER RYAN: Well, we probably have more lawyers on this dais than we’ve had in some years, so I -- I think there would be some value added by a review of qualified firms. But I believe 12 would be too many to bring before us.

UNIDENTIFIED SPEAKER: (Inaudible.)

118

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: Could we have perhaps a -- a top four or a top five that we could have present and -- and make a determination there? That -- that would seem to me to allow us to have appropriate input from the dais but, at the same time, not overwhelm us with -- with so many law firms that it’s difficult to make, you know, a -- an informed decision.

MR. MEYERS: We -- we could handle this any way the Board would like.

I -- I would like the Board to be aware of one fact, however, that while the proposals were based upon certain fixed teams, a number of the teams have also indicated that they are flexible and they are willing to align themselves for purposes of this litigation with members of other teams.

So, it -- that’s something that we’re continuing to vet and -- and sort through.

But whatever the Board would like to do, we certainly can prepare the item and either make the decision, if we’re authorized, or bring something back to the Board by January 9.

COMMISSIONER RYAN: Well, we -- we had some discussion about compensation, and I believe they’ll all be working on a contingency fee. And Commissioner Geller brought up the -- the concern about protection and indemnification against any cost advanced by the firms.

So, if firms kind of partner up to represent the County, then this will not change the contingency fee relationship. It’ll be shared among however many firms join together.

MR. MEYERS: Yes.

COMMISSIONER RYAN: All right. So, I’d like to hear from the Board members, but I would suggest that we -- we let the County Attorney come up with a top five list that can then be presented here, and we’ll make a decision on -- on who would represent the County.

119

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Commissioner Geller, then Commissioner Udine, then Commissioner Holness.

COMMISSIONER GELLER: Thank you, Mr. Mayor.

I primarily agree with Commissioner’s remarks. You know, I’ve been practicing law for 35 years, and I think I have a pretty good ability to evaluate law firms.

I don’t necessarily know it should be the top five versus the top four or what that number should be. I know I agree I don’t want it to be the top 12.

But I know Commissioner Udine has practiced law for many years, Commissioner Bogen has been a litigator, although he has now recused himself. So, there are a lot of attorneys here.

I think that the Commission should have some ability to make a final decision on a matter this important. And, like I said, I know there are those of us that have been practicing law on this Commission -- I think all four of us have been practicing for at least 25 or 30 years, so --

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER GELLER: -- so -- 35. So, I think that the Commission should have the ability, after the County Attorney has vetted a number. I am very flexible whether that’s the top three, four, five. I do not think it should be the top 12.

But I -- I would like to see a short list come to this Commission.

MAYOR FURR: Commissioner Udine.

COMMISSIONER UDINE: So, our Procurement Code defers this out of our hands and out of Procurement’s hands, specifically back to the County Attorney for the County Attorney to make this type of decision.

So, I -- I give that some deference, because I think that it’s there for a reason.

120

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And, you know, we’re -- we’re a -- we like to say we’re a $6,000,000,000 corporation, and -- and Drew is the Chief Legal Officer of a 65 or 60, 70-person law department of this corporation. And I think that a lot of what I’m going to rely on here -- because even though I’ve been a practicing attorney, I’ve -- I have zero experience picking multi-district litigation major counsel that are going to do this on a nationwide basis. I just don’t do that in my -- in my every day to day thing.

But I think that -- I think that I -- I’m going to give a tremendous amount of deference to the County Attorney here as to the way to do this.

I also think that there is a -- there is a large benefit -- you know, these nine major firms that are there have -- each have a component of local representation, minority representation in there. There are small firms that have hooked on to big firms.

But this is the type of thing that requires major, major law firms to do this, especially when you’re going to talk about fee shifting and cost shifting, where the law firm is going to kind of hold us harmless at the end of the day.

So -- and I think that this will be changing between now and January, up -- up to whenever we would get these presentations. You could have all nine of these submittals become one by the -- by that time with the amount of dollars that are going to be involved in this. And I’m kind of exaggerating that point a little bit. But I have no problem with Drew bringing us back, you know, two or three of the tops. I really don’t see where presentations from five or six law firms is going to make a whole heck of difference to me. I’m going to rely a lot on what Drew says on this as the Chief Legal Officer of the County.

I think that’s his role. I think that that’s what he’s responsible for. And I -- I think it’s important.

I would also say even though none of this would be covered by the

121

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Procurement Code, if this the way, where we’re going to get presentations from any amount -- and I’m hoping it’s not up to five. I mean, I would agree if there wants to be a couple. I think we should tentatively follow some of the rules of our Procurement Code and put a cone of silence on the nine of us so that this would all go through the County Attorney’s Office, and the County Attorney would be the one that would provide the information on this.

I just don’t see where it’s good business to have the nine of us, or eight of us now -- this is so far above our bread basket, respectfully to all of us. I’m an attorney for 30 years. This is way above me.

So, I’m -- I’m going to -- I’m going to leave this for Drew and go from there.

I would support what Commissioner said if it was limited to maybe the top two or the top three, but besides that, I would leave it to Drew.

MAYOR FURR: Commissioner Holness, then Commissioner Rich.

COMMISSIONER HOLNESS: Yeah, I’m in agreement with you, Commissioner Udine. And -- and -- and here is my reasoning.

One, as our County Attorney just told us, there’s still some flexibility in the formation of these teams. For us to then say, well, this firm will do better here with this firm to best represent us and -- and -- and -- and then select a team, it -- we can’t do it from here.

It’s best that it be done through his office. He’s the expert.

When we come with pre-set teams, we’re going to have to vote up or down those teams. He can pull them together and says, okay, we think you match best over here to best represent the people of Broward County in this issue.

The other issue is timing for us to come back. It -- it -- it appears that we need to move forthwith on this, so, therefore, I want no time to be lost in this effort for us to make the selection.

122

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

So, I -- I -- I’m going to leave it to -- I’m going to vote for our County Attorney to make that decision.

We will have a vote, when it comes to us, as to whether or not we disagree with him on the selection. We can do that then. But for us to then try to make soup up here doesn’t make any sense to me at all.

MAYOR FURR: Commissioner Rich.

COMMISSIONER RICH: Well, I -- I feel the same way as the last two speakers, my colleagues Commissioner Holness and -- and Udine.

I -- and I’m not a lawyer. So, I rely heavily on --

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER RICH: -- on our County Attorney, our previous County Attorney, our current County Attorney. They’re hired by us to really do this research, to come to us with their -- their best judgment.

And I understand that many of you are attorneys on -- on here, but it’s not the same, I think, as you can -- you have experience, and you can share your views, but I think it’s very important that this -- that this is -- this whole thing is centered in the County Attorney’s Office.

And I -- I know there is no RFP, but I feel very strongly about this, that we need to institute a cone of silence around this. Otherwise, I mean, we will all be in the midst of this, and I -- I don’t think that that’s correct.

I think that the person that has the -- that the deference should go to the County -- the County Attorney’s Office, and that we can, you know, voice our opinions and so forth, but, really, it needs to -- it needs to reside there, the decision.

So -- and I do agree that I think five is way too many coming back here. I think

123

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

three would be maximum coming back here. Otherwise, I mean, it’s -- it’s really, you know, kind of -- it’s a free-for-all.

And I -- I -- I think just very strongly that we -- that we need to, as I said, go with -- go with the County Attorney and coming back with his recommendations, and also placing a cone of silence on us.

MAYOR FURR: I’m going to go back around and recognize Commissioner Ryan, then Commissioner Geller.

COMMISSIONER RYAN: Based upon the comments of my colleagues, I will move that Drew have the discretion to choose, in his view, the top three law firms that will then be presented. And whether or not this Commission wants to get live presentations or simply written material as backup, I personally would prefer to see some live presentation of the top three. And that you, County Attorney -- County Attorney’s Office be directed to complete your selection of the top three and present it to our -- to us at our first meeting in January.

With respect to the cone of silence, it’s my understanding that a contract for legal services, the cone of silence does not apply. Is that correct?

MR. MEYERS: We -- we also haven’t initiated a formal solicitation, so there is no cone in effect. But what we would -- based upon what we’re hearing from the Board, perhaps we would send out a letter today letting all the interested firms know that we’re imposing a -- a voluntary cone of silence and -- and asking that they comply with it. And, obviously, if they don’t, then that’s evidence of something.

COMMISSIONER RYAN: All right. With that, I -- I move to have the County Attorney have the discretion to select three law firms that will be presented to us at the first January meeting.

COMMISSIONER SHARIEF: Second.

COMMISSIONER GELLER: Mayor?

124

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: We have a motion and a second.

Commissioner -- I’m going to recognize the County Attorney first, then Commissioner Geller, then Commissioner Holness.

MR. MEYERS: Thank you, Mayor.

It may make sense, if the Board is so inclined, to give us the authority to go to three or four firms.

UNIDENTIFIED SPEAKER: Yes.

MR. MEYERS: We’re looking for a natural --

UNIDENTIFIED SPEAKER: (Inaudible.)

MR. MEYERS: -- natural breaking point, and we’re -- we’re still not sure -- and -- and, by the way, I’ve misused the terminology as well.

Commissioner Ryan, your motion talked about firms. I just want to make sure everyone’s clear, we would bring back teams which are comprised of multiple firms.

COMMISSIONER RYAN: Then let me -- let me restate the motion. Up to four teams of attorneys to be presented.

MAYOR FURR: Okay. And the --

COMMISSIONER SHARIEF: And I’ll second --

MAYOR FURR: -- does the second --

COMMISSIONER SHARIEF: -- I’ll second that.

MAYOR FURR: Okay.

125

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER GELLER: Mayor?

MAYOR FURR: The seconder recognizes that.

Commissioner Geller.

COMMISSIONER GELLER: Thank you, Mr. Mayor.

Two things. First, based on prior discussions with the County Attorney, I was going to suggest what I think we may have just done, that there may be a natural break point at three, or it may be at four. So, I was going to authorize the County Attorney to do that, but I think that that is what Commissioner Ryan’s motion does.

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER GELLER: And I would like some clarification on cone of silence. I’m fine with one, I’m fine with not having one. I don’t -- I can go either way. I just - - if -- I would like to know before we vote what it is exactly that we’re voting on in reference to that cone of silence.

MAYOR FURR: County Attorney, then Commissioner Holness.

MR. MEYERS: Yes, two things, Mayor. The second point, I’ll -- I’ll address the cone of silence.

The first one, would it be part of the Board’s motion that, prior to bringing these teams back, that we have already vetted the financial terms that we’ve proposed in the agenda item --

UNIDENTIFIED SPEAKER: Yes.

UNIDENTIFIED SPEAKER: Yes.

126

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: -- to make sure that the teams -- so we’re not going to bring anyone back who’s not accepting of those terms --

UNIDENTIFIED SPEAKER: Yes.

UNIDENTIFIED SPEAKER: Right.

MR. MEYERS: -- first.

Secondly, with regard to the cone of silence, it -- it seems as though it can either be the -- the standard cone of silence, which is more or less a unilateral - - a one-sided, one-way cone of silence, or it could be what you do as a Direct Procurement Authority, which is to have a two-way cone of silence.

That’s your call. It’s -- I think it would be just a voluntary cone of silence here, because we haven’t proceeded under -- and I could look at that. I’m not prepared to give you a final answer. But we would send out the strongest letter possible. If it’s something we could impose as a matter of right, we would do that. Otherwise, we would just ask the firms to please respect the Board’s decision and not to have those communications.

MAYOR FURR: Okay.

COMMISSIONER GELLER: Follow up. So --

MAYOR FURR: Commissioner Geller.

COMMISSIONER GELLER: -- because I -- again, I’m just --

UNIDENTIFIED SPEAKER: (Inaudible) time certain.

COMMISSIONER GELLER: -- trying to clarify. So, what you’re suggesting is that right now it would be the -- what you’ll be seeking is a one-way cone of silence --

MR. MEYERS: That’s --

127

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER GELLER: -- is that correct, or?

MR. MEYERS: -- that’s your call. That’s -- we could -- we could ask -- I mean, it’s --

COMMISSIONER GELLER: I’m inclined to --

MR. MEYERS: Yeah.

COMMISSIONER GELLER: -- follow your recommendation. I just want to know what it is we’re voting on.

MR. MEYERS: Well, it -- it’s -- if it’s a -- if it’s a two-way cone of silence, as it is as a Direct Procurement Authority, then that precludes you from also engaging in these communications with -- with firms.

If it’s one way, then you can ask questions, if you have questions, but they cannot approach you.

I mean, that’s the essential distinction.

MAYOR FURR: Commissioner --

COMMISSIONER SHARIEF: Can I ask a point of clarification?

MAYOR FURR: Sure. Commissioner Sharief.

COMMISSIONER SHARIEF: If we just made a two-way cone of silence and left it at that, once you brought back the final list of the four or three, whoever it is, we could just -- at that point, you could lift the cone of silence and we would be allowed to ask questions.

Can we just do it like that and then we can like move on with this?

MAYOR FURR: Is there general agreement on this?

128

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Okay. Everybody’s --

COMMISSIONER SHARIEF: Okay.

MAYOR FURR: -- e verybody seems to be okay with the two-way.

COMMISSIONER SHARIEF: Two-way cone of silence.

MAYOR FURR: Go ahead, Commissioner Holness.

COMMISSIONER HOLNESS: I’m fine with the two-way cone of silence.

MAYOR FURR: Okay.

COMMISSIONER HOLNESS: But -- but my question is this. When the teams are selected, are they going to be ranked one, two, three?

UNIDENTIFIED SPEAKER: (Inaudible) short list.

COMMISSIONER HOLNESS: No? Okay. So --

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER HOLNESS: -- so, there’s not going to be any ranking. And -- and -- and so that’s one issue there. And -- and it goes back to what I said earlier, that if we allow our attorney to make the selection and put a team together, one team, I think it’s better suited for him to do it.

So, I’m not going to be supporting this motion to do it where -- where it comes back to us and -- and with no ranking and -- and then we have to again figure out how to make soup from here now.

129

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: (Inaudible.)

MAYOR FURR: Commissioner Udine.

COMMISSIONER UDINE: I -- I agree. And I think that -- I think that Drew, as the County Attorney, this is his responsibility, to bring this -- that’s the way our Procurement Code works with this. This is his -- and the reason that it’s his responsibility is because normal litigation is the -- is the County Attorney’s job. This would be his job to do this. He would be the one fighting in the trenches on behalf of us.

This is obviously such high stakes that this is something where we need an outside expert in this litigation. So that’s why we’re deferring that to Drew.

But real -- in reality, and the way this would work in the business world, is Drew is still responsible for this. If five years down the pike there comes back and there’s a judgment against Broward County for something because of this litigation for X number of million dollars, it -- it’s not on us on the County Commission, it’s on Drew as the Chief Legal Attorney. That’s the risk that he takes when he does this.

And I want to give him the tools so that he can say this is who I thought was the best team to represent Broward County. And -- and I think that that’s his purview.

I’m okay with ranking them, but I don’t know -- we can have presentations until we’re blue in the face by these law firms. All these presentations are going to be phenomenal, because that’s what they do when they make them.

It -- it really doesn’t matter. You have experts, you have attorneys from -- that - - that are in his office from major litigation firms around the country that now work for Broward County. They’re the ones that need to have a lot of say in this.

I want to see the contract come back so we can vote on it, and I want to make

130

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

sure that when that contract comes back, there is some local participation, there is some minority participation, if that’s what you determine to be best.

But this team should be his responsibility, because it’s his risk. And five years from now, he’s going to be the one that’s going to have to answer.

MAYOR FURR: Commissioner Geller, then Commissioner Rich.

COMMISSIONER SHARIEF: Wait. Is it possible --

COMMISSIONER GELLER: That contradicts --

COMMISSIONER SHARIEF: -- to go to our time certain?

MAYOR FURR: Time certains mean at 11:30, anything after 11:30. Doesn’t mean -- doesn’t mean we have to be at 11:30 -- at 11:30.

COMMISSIONER SHARIEF: Well, they’re all here.

MAYOR FURR: And I’m going to try to wrap this up as fast as I can.

COMMISSIONER SHARIEF: Can they wrap it up?

COMMISSIONER GELLER: Okay. That contradicts what the motion that Commissioner Ryan made, that I thought --

MAYOR FURR: Right.

COMMISSIONER GELLER: -- Commissioner Udine was in favor of.

I -- I support Commissioner Ryan’s motion.

By the way, in reference to the cone of silence, I -- you should clarify that that’s as soon as you notify them, which -- so like noon tomorrow or whatever.

131

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

But -- but I would like this Commission -- I agree with Commissioner Ryan. I think that we are at -- and I think that there’s a clear disagreement here on the dais, but my view is I would agree with Commissioner Ryan that I would ask that Drew bring us back a short list of whether it’s three or four, at his discretion, and this Commission then decide from them. I -- I don’t know that we need oral presentations, because we’ll -- they’ll be wonderful.

I want to carefully review all of the presentations. I will certainly speak with Drew after I read those.

But I agree with Commissioner Ryan on the motion that’s been made and seconded, that this Commission, on something this important, be the one that reach the ultimate decision from the three or four non-ranked teams that Drew brings us.

So that’s --

MAYOR FURR: Okay.

COMMISSIONER GELLER: -- my view.

MAYOR FURR: I’m going to --

COMMISSIONER GELLER: I’m ready to vote.

MAYOR FURR: -- I’m going to have Commissioner Rich speak on this, and then I think we need to vote, because --

COMMISSIONER RICH: Okay.

MAYOR FURR: -- we’re going to have a --

COMMISSIONER RICH: Thank you.

132

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: -- we’re going to need to decide whether or not we are short listing this and -- or we’re going allow Drew to determine this.

Commissioner Rich.

COMMISSIONER RICH: Okay. So, I -- I said before that I -- I wanted to give deference to the County Attorney. So, at a minimum, I believe that he needs to come -- bring them in with a -- with a ranking. Otherwise --

MAYOR FURR: Okay.

COMMISSIONER RICH: -- it is a free-for-all --

MAYOR FURR: Okay.

COMMISSIONER RICH: -- up here. And I -- I -- I -- that is wrong, in my opinion. So, I would like to make a motion that -- to add to the -- to the -- an amendment --

UNIDENTIFIED SPEAKER: And amendment to the motion.

COMMISSIONER RICH: -- to the motion that would state that Drew bring the short list back in with ranking.

COMMISSIONER SHARIEF: I’d second that.

MAYOR FURR: Do I have a second?

COMMISSIONER RYAN: I’ll -- yeah, I’ll second that motion.

COMMISSIONER UDINE: (Inaudible) that, too.

UNIDENTIFIED SPEAKER: All right.

COMMISSIONER SHARIEF: Okay.

133

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. Let’s -- let’s go ahead and vote on that, then. Okay?

Does -- is everybody clear on that motion?

UNIDENTIFIED SPEAKER: Yeah.

MAYOR FURR: That it -- that --

UNIDENTIFIED SPEAKER: Yes.

MAYOR FURR: -- will be bringing back a ranking from Drew, and we’ll go from there. Okay.

All those in favor of a ranking?

Any opposed?

COMMISSIONER GELLER: No.

MAYOR FURR: Okay. That passes 7 to 1 with one recusal.

VOTE PASSES 7 TO 1 WITH COMMISSIONER GELLER VOTING NO AND VICE MAYOR BOGEN ABSTAINED FROM THE VOTE.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: I think that actually takes place -- we don’t need to go to the -- do we need to go to the original amendment on this now?

COMMISSIONER SHARIEF: No.

COMMISSIONER GELLER: You have -- have your motion as amended.

134

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: We -- we voted on the motion as amended.

COMMISSIONER SHARIEF: We (inaudible).

COMMISSIONER GELLER: No, we voted on the amendment.

COMMISSIONER SHARIEF: We bifurcated it and we voted on A, and then we voted on B. So, is there anything left to vote on?

MAYOR FURR: County Attorney?

COMMISSIONER GELLER: We just voted on the amendment, on Senator Rich’s amendment --

MAYOR FURR: We voted on her amendment.

COMMISSIONER GELLER: -- to B.

COMMISSIONER RYAN: Yes. So -- so you moved the amendment.

UNIDENTIFIED SPEAKERS: (Inaudible.)

AGENDA ITEM 72 B

COMMISSIONER RYAN: Now, we’ve got to move the motion as amended.

UNIDENTIFIED SPEAKER: Right.

MAYOR FURR: Okay. All those in -- we already have a motion and a second?

All those in favor of the motion as amended, say aye.

135

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

All those opposed?

COMMISSIONER HOLNESS: No. I oppose.

VICE MAYOR BOGEN: Abstain.

MAYOR FURR: You’re voting against that?

COMMISSIONER HOLNESS: Yes.

VICE MAYOR BOGEN: Abstain.

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Let’s -- let’s have some -- I think we need to clarify, because I think you’re --

COMMISSIONER HOLNESS: No, I -- I -- even with the ranking, we still have time as a constraint, in my mind.

And -- and -- and the other part of it is this. When you come back like that, you’re not able to move folks from one team to the next. You’re constrained to what is presented to you.

And I want our attorney to have the ability to be able to move teams -- firms around to match the team that he really wants to select.

MAYOR FURR: Okay. I’m going to do -- I’m going to take that vote again. That -- I’m going to -- we’re going to vote on the --

COMMISSIONER UDINE: But he would be -- in my -- I agree with that, but in my opinion, he’s able to do that, because --

UNIDENTIFIED SPEAKER: Prior to --

136

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: -- it’s going to come back to -- it’s going to come back to us on January -- as I understand this, on January 9th, we’re going to have -- which is our next meeting, we’re going to have an agenda item with who Drew ranks as the top team, and then the second and third team, with a contract in place, ready to go and vote on.

And if there’s any changes between -- I don’t even know what the nine teams are right now, but these nine teams --

UNIDENTIFIED SPEAKER: Twelve.

COMMISSIONER UDINE: -- could be however many teams there are.

MAYOR FURR: Okay. So, seeing that, that’s -- I think that’s -- that --

COMMISSIONER UDINE: I would --

MAYOR FURR: -- that clarified it.

COMMISSIONER UDINE: -- that’s what I support.

MAYOR FURR: All those in favor, say aye.

All those opposed?

Okay. That passes --

UNIDENTIFIED SPEAKER: Bogen’s not voting.

MAYOR FURR: -- 7 to 1 and abstained.

VOTE PASSES 7 TO 1 WITH COMMISSIONER HOLNESS VOTING NO AND VICE MAYOR BOGEN ABSTAINING FROM VOTING.

137

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

SUPPLEMENTAL AGENDA

AGENDA ITEM 84

(COMMISSIONER LAMARCA LEFT THE ROOM.)

MAYOR FURR: Okay. We have a time certain. We’re -- I think that completes that. We’re now going to go the time certain item, 84.

And that is -- this is a motion to approve a waiver of deed restriction having to do with the Miramar Regional Park.

And --

COMMISSIONER SHARIEF: You have speakers.

MAYOR FURR: -- I do have speakers. And Mayor Messam, is he in the house?

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Mayor Messam, please come on -- come on up.

COMMISSIONER SHARIEF: You only have one?

MAYOR FURR: Welcome.

MAYOR MESSAM: Welcome. Thank you. Good morning, Mayor Furr, and congratulations --

MAYOR FURR: Thank you.

MAYOR MESSAM: -- to yourself and Vice Mayor Bogen, and as well to the honorable Broward County Board of Commissioners.

138

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Thank you for allowing us to come forward today on a very important item for the City of Miramar.

It’s a very happy day in the City of Miramar with the prospects of the American Tennis Association to relocate its headquarters to the City of Miramar.

And we, as a city, along with the County, have considered ourselves not only friends with Broward County, but strategic partners. And when you think about the numerous of Fortune 500 companies that the City of Miramar now calls home because of our partnership with Broward County employing thousands of Broward County residents, we appreciate that partnership.

In addition, we also appreciate the partnership as it relates to infrastructure, and the City of Miramar is working very hard to ensure that our city, as well as Broward County, is resilient. And we only -- we also stood together to oppose the current oil drilling application that’s pending right now in the appellate process.

But today, we are here because we need your help. We need your help to approve the deed restriction waiver for the Miramar Regional Park to allow the proposed ATA development to take place.

The reason why we need this waiver is to erase any cloud of doubt in regards to any technical interpretations or legal interpretations as it relates to the existing deed restriction so that this process -- so this project can move forward.

(COMMISSIONER LAMARCA RETURNED TO THE ROOM.)

MAYOR MESSAM: The City of Miramar has been, in our opinion, great stewards of the regional park since it’s been transferred to our city. We have developed that park to a very vibrant, active park not only that is enjoyed by our residents, but by Broward County residents and visitors from around the world with the recent completion with our amphitheater. And which, by the way, in the last two weeks has hosted nearly 5,000 Broward students to be exposed to aviation, as

139

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

well as to expand their development and leadership in anti-bully activity that we -- that we partnered with Broward County schools.

So, as you can see, regional park is very active.

With the ATA, ATA is no stranger to Broward County. It has held at least six of its national tournaments right here in Broward County, with an economic impact exceeding over $2,000,000 in just a week of activity when they do have their national -- national tournaments here.

So, the prospects of bringing such a established organizations like the ATA to the City of Miramar further partners with Broward County with its desires and goals and mission to expand sports tourism and multicultural tourism out to the Sawgrass.

We hear the CVB talk about expanding tourism from the sea grass to the Sawgrass. And Miramar sees ourselves as strategic partners with Broward County to make this take place.

So, we have one major hurdle that we would like to remove, and, with the pleasure and, hopefully, with the decision of this Board, that we would hear all the information, allow on this item that has been brought forward by our very own District Commissioner Barbara Sharief for approval.

Our staff is here to answer any questions, as well.

And, finally, before I take my seat, you know, oftentimes, as elected bodies, we have entities that wish to do whatever activities in our communities. And oftentimes that comes with a big hand asking for financial resources.

And after two years of vetting the lease agreement, this lease agreement has ensured and has been vetted to ensure that there are deliverables, timetables in place to ensure a successful development while taking into the interest the public -- while protecting the interest of the public.

140

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And we are just happy that the ATA has put forward a very strong proposal that not only will expand tourism but it will offer high performance tennis to Broward County residents, and will allow our residents, as well as Broward County residents, who wish to advance tennis, as well as to bring tourism to the city.

It’s a win/win, not only for the City of Miramar, but it’s a win/win for Broward County.

Thank you so much for your --

MAYOR FURR: Thank you so much, Mayor.

MAYOR MESSAM: -- consideration so much, and we’ll address any questions as they may arrive.

MAYOR FURR: Great.

MAYOR MESSAM: Thank you.

MAYOR FURR: Thank you so much.

I’m going to recognize Commissioner Sharief.

COMMISSIONER SHARIEF: Thank you, Mayor.

On this item, I just wanted to make sure that my colleagues knew that this has been going on for quite some time now.

We first started in 2015 with the prospect of actually having the ATA here in Broward County somewhere.

2016, it started to shape -- take its shape and form and we realized that we were going to need some substantial commitments from the ATA, as well as some community resources.

141

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

At that time, I did place an item on the agenda and this particular project received a 9-0 vote for $500,000 from the Tourist Development Tax, as well as support from the Convention and Visitors Bureau, because it will put heads in beds.

In order for this project to proceed and go forward, we really do need to grant a -- a deed restriction waiver, as well as, you know, give them the type of support that they need in terms of resources from our CVB. Not necessarily additional funding, but just to continue to have our CVB committed and interacting with them, and giving them the opportunities that they need.

I -- I am hoping that we can get unanimous support again for this project.

And, with that, Mayor, I’m going to turn it over to my colleagues and yourself.

MAYOR FURR: Okay.

COMMISSIONER SHARIEF: Thank you.

MAYOR FURR: Commissioner LaMarca, then Commissioner Ryan.

COMMISSIONER LAMARCA: Thank you, Mayor.

MAYOR FURR: Then Commissioner Udine.

COMMISSIONER LAMARCA: I see the -- if I might ask Mayor Messam to come back up?

MAYOR FURR: Mayor Messam, could you come back for questions, please?

COMMISSIONER LAMARCA: I see the fiscal impact of this is -- is none. And we’ve already had the tough vote as far as our support.

The -- you know, I see this as not only adding a large format of tennis to our -- to our County, but adding a large format of tennis and opportunity for tennis for

142

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

kids that may not be able to -- to access courts and access, you know, a world class facility like this.

And, obviously, some of our after-school programs, Children’s Services Council, different -- different entities that -- that have our kids in our hands after school, I would hope that that would be something that would be welcomed at the -- at the center.

So, I have a -- a really easy question for you. The first one is happy anniversary.

MAYOR MESSAM: Thank you.

(Laughter.)

COMMISSIONER LAMARCA: And the -- the second one is just for my -- my sometimes-uninformed colleagues up here, a couple of them, anyway, who is the best football school in the State of Florida?

MAYOR MESSAM: Well --

(Laughter.)

COMMISSIONER LAMARCA: And where -- and where --

MAYOR MESSAM: -- well --

COMMISSIONER LAMARCA: -- did you go?

MAYOR MESSAM: -- well, as you know, I --

COMMISSIONER LAMARCA: You’re going to lose some votes.

MAYOR MESSAM: -- (inaudible) and --

143

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

(Laughter.)

MAYOR MESSAM: -- and even at the expense of perhaps being to the disagreement of those who really depend on their vote, I must say Florida State University.

COMMISSIONER LAMARCA: Thank you.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER LAMARCA: Okay.

COMMISSIONER SHARIEF: That was a set up.

COMMISSIONER RYAN: That was a huge mistake, Mayor.

COMMISSIONER SHARIEF: You’ve got half the ‘Gators over here. That’s --

MAYOR FURR: Commissioner Ryan.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER RYAN: Mayor, we have a two-part motion here. First is to waive the deed restriction. And -- and I see that there is a statement in our backup that the City of Miramar has stated that the bond funds of $3,000,000 that were expended from that 2000 Park Bonds program have been utilized already in some area of the park that is separated from the area where the American Tennis Association facilities will be?

MAYOR MESSAM: Yes. The park, as you know, when it deeded over to the County, there was -- there was two phases to develop the park. Phase 1 was our west ball fields, and those funds were used on that side of the park, which is totally separate from the proposed site for the ATA project, which was completed in the second phase.

144

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: The interlocal agreement between the City of Miramar and Broward County from December of 2002 stated that the County would reimburse the city for up to approximately $15,000,000 in park improvements.

And it looks like, from the backup, that approximately 12.9 million dollars was reimbursed to the city.

I believe that some of that area is -- is going to be utilized by the American Tennis Association.

If you have revenue generated from either the museum or the hotel, is any of that revenue going to be paid over to the City of Miramar?

MAYOR MESSAM: In terms of the -- the lease agreement?

COMMISSIONER RYAN: Yes.

MAYOR MESSAM: What I’ll do is I’ll ask our attorneys to come forward to explain just high level in terms of the -- the park in terms of the -- the agreement.

It is a land lease agreement for the -- for the ATA. There are -- there is a proposed -- as well a proposed hotel component that has some revenue -- some lease terms in terms of minimum lease payments that should -- that would be coming due to the City of Miramar. So --

(COMMISSIONER RICH LEFT THE ROOM.)

COMMISSIONER RYAN: All right.

MAYOR MESSAM: -- if there’s a more specific question regarding the -- the revenue share, if you can ask that and then if -- if I can’t ask -- answer it, I’ll have our attorneys come forward.

COMMISSIONER RYAN: All right. So, you know, to the County Attorney, I know that in Miami-Dade County there was this issue with regard to the tennis -- that -- the

145

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

professional tennis that’s played down there, and -- and questions about a deed restriction. I think it was over in Key Biscayne.

And it seemed to be recognized that that was not a park purpose for the -- the tennis tournaments.

So, with that in mind, if, in fact, you’re operating in an area where we have expended funds with a specific purpose for park purposes here, I would think that if -- if revenue’s being generated, the County should be reimbursed for -- for that -- for that amount of money.

Now, that’s apparently different than the $3,000,000 that was paid from the -- from the bond program for Safe Parks.

But is that a -- a legal requirement that that park -- money expended for park funds should be reimbursed to the County if it’s used for a non-park purpose?

MR. MEYERS: I -- I believe that there is a requirement with regard to the park bond funds, and I believe that there is not an issue regarding the bond funds.

With regard to whether the County should share in any revenue that’s generated, I’m not aware of a legal requirement. I would like to think about that a little more. But certainly, it is a business point that would -- would seem to be something that could be raised.

COMMISSIONER RYAN: All right. Thank you.

MAYOR FURR: Commissioner -- Commissioner Udine.

COMMISSIONER UDINE: I was going to ask -- I’m supportive of this.

I was going to ask the County Attorney, so, you’re comfortable with bond counsel in that none of the bond funds, because they spent it in another area, it doesn’t put the bond issuance at risk?

146

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: Yes, we’ve -- we’ve vetted it internally, and I think Ms. Ashton is in here somewhere, but -- maybe I’ll have her come up for one second.

(COMMISSIONER RICH RETURNED TO THE ROOM.)

MR. MEYERS: But my understanding is that we’ve vetted it and that we were fine on the bond side of it, that the -- the one impediment from the County side is this deed restriction, the use restriction, which is proposed to be addressed today.

MAYOR MESSAM: In addition to the -- the revenue portion, just for -- for clarity, the $15,000,000 was used in the -- in another phase of the project, does not include the location of where the ATA is. Just for -- for clarification.

COMMISSIONER UDINE: The only other thing I would add is when this comes for a motion, I -- I just want -- I mean, you need to make sure that the legal description is actually buttoned up by the surveyors, because we can’t record a picture.

So, when it comes to that, when there’s a motion, I will be supportive.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: You’re -- you’re finished?

COMMISSIONER UDINE: Yes, sir.

MAYOR FURR: Okay. Commissioner Holness.

COMMISSIONER HOLNESS: Yes. This has been a long time in the making. Actually, the conversation started even before 2015. There was some consideration for this to be located in Lauderhill at an early stage, much earlier than 2015. It didn’t move. We didn’t have the land space to accommodate it.

I’m grateful to see that we’re where we are with it. It is an opportunity for us to move some tourism to the western part of Broward County, and -- and -- and

147

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

also to bring in an organization that’s been around for a very, very long time, that has tremendous amount of credibility and -- and have worked diligently to get us to where we are.

So, I’m totally in support of moving this item forward.

COMMISSIONER RYAN: Mayor, if I may make further inquiry. I just -- I just want to clarify. So, the museum and related facilities, if you charge an entrance fee, there’s not going to be any kind of additional charge for, say, County residents versus discounts for city residents?

MAYOR MESSAM: If I could have our -- if I could have our staff representative to come forward to speak. Those are specific terms in regards to the lease, the lease agreement.

COMMISSIONER RYAN: All right. And the idea being if --

(VICE MAYOR BOGEN LEFT THE ROOM.)

COMMISSIONER RYAN: – if the County were to release the deed restriction, we would, you know, treat this facility as one of regional importance.

And so, the question is do you plan to charge any different expense for the residents of the City of Miramar versus all Broward County residents?

MR. HARGRAY: No. Vernon Hargray, (inaudible) consultant here. I’m one of the assistant city managers originally with this project assigned to it from the beginning.

There’s no intent of having a -- a different fee for our residents versus non- residents.

This is a regional park, and it’s for everyone.

COMMISSIONER RYAN: And that would include the museum and any of the related

148

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

facilities that are, you know, part of this discussion here this morning?

MR. HARGRAY: That’s -- that’s -- that’s correct.

COMMISSIONER RYAN: Okay.

COMMISSIONER SHARIEF: Mayor?

MAYOR FURR: Okay. First, Commissioner Rich, then –

COMMISSIONER SHARIEF: Okay.

MAYOR FURR: -- back to you.

COMMISSIONER RICH: Yeah, I just have one question, because I understand, obviously, the need for the -- you know, the waiver of the deed restriction, but I’m wondering how the -- the other themes -- things, other than the hotel, seem to fit into park usage.

So how does the hotel? How -- maybe you could answer this, Drew, about how does the hotel fit into that as far as being eligible, you know, to be on the park because there was the bond issue and so forth.

MR. MEYERS: Senator, I don’t believe that the bond issue remains an issue, because I -- I think that funds weren’t used with regard to the property that we’d be releasing the -- the restriction.

And the reason we’re requiring here a release of the restriction is because we do not believe that the hotel fits within the park use provision. There might have been -- and -- and Ms. Ashton’s here, and --

COMMISSIONER RICH: Because I want to make sure (inaudible).

MR. MEYERS: -- knows additional specifics. There might have been other elements of the project that also would not fit neatly within a park use, and that’s what the

149

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

waiver is covering.

We -- we do not believe those are park uses.

COMMISSIONER RICH: So -- so the hotel then becomes a part of the restriction?

MR. MEYERS: The -- the -- right --

COMMISSIONER RICH: An allowable --

(VICE MAYOR BOGEN RETURNED TO THE ROOM.)

MR. MEYERS: -- right now, all of the property that was deeded to essentially the park has a use restriction that says if any of it is --

COMMISSIONER RICH: Right.

MR. MEYERS: -- not used for park use, I believe it reverts back to the County. We would be doing a partial release of that restriction to allow certain portions to be used for non-park purposes.

COMMISSIONER RICH: Okay. Thank you.

MAYOR FURR: Okay?

COMMISSIONER SHARIEF: Is that it?

MAYOR FURR: Commissioner Sharief.

COMMISSIONER SHARIEF: Okay. Thank you.

So just to close, and part of the reason why the hotel is necessary in terms of -- of this particular project is because while we are building a facility that is different than what’s normally there, we are also going to be bringing in people that are normal -- not normal to that environment, which are the celebrities and

150

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

the athletes that are going to be playing at that facility, and we are trying to make this as convenient as possible to keep them on property, and to have a -- as big a draw -- of draw as possible.

And so that’s why the -- the -- the hotel project makes sense in terms of this project.

At this time, Mayor, since there’s nobody else signed up to speak, can I please make a motion to approve this?

COMMISSIONER HOLNESS: I’ll second.

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: Okay. We have a motion and a second.

All those in favor, say aye.

Any opposed?

COMMISSIONER UDINE: But we’re adding the -- what I had mentioned with the County Attorney buttoning up the --

COMMISSIONER SHARIEF: Yes, the legal description will be buttoned up.

Thank you.

UNIDENTIFIED SPEAKER: Obviously.

MAYOR FURR: With the -- with the buttons.

COMMISSIONER SHARIEF: With the button.

MAYOR FURR: With the buttons.

151

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKER: And the bows.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER SHARIEF: No -- no ‘Gators.

MAYOR FURR: No ‘Gators.

COMMISSIONER SHARIEF: No ‘Gators.

MAYOR FURR: Okay.

COMMISSIONER SHARIEF: Thank you, Mayor.

MAYOR FURR: That -- that passed unanimously.

VOTE PASSES UNANIMOUSLY.

MAYOR FURR: And thank you, thank you, Mayor, for being here today.

MAYOR MESSAM: Thank you all.

MAYOR FURR: Okay.

REGULAR AGENDA

AGENDA ITEM 75

MAYOR FURR: Okay. With that, we’re -- we have a number of items still, and we have about a half hour to go, so we’re going to try to get through this.

The next item is Number 75. This is a motion to approve the final ranking of the qualified firms.

152

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And we have a lot of people to speak on this.

(COMMISSIONERS UDINE AND RYAN LEFT THE ROOM.)

MAYOR FURR: We’re going to give -- let’s see how many this is. One, two, three, four, five, six --

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: -- seven, eight, nine, ten, eleven. That brings up right up to --

VICE MAYOR BOGEN: You going to do two minutes?

MAYOR FURR: I’m definitely doing two minutes.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: Yeah.

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Yeah. Okay. We have -- we have 11 speakers. If you are going to be simply saying something that somebody else has already said, maybe you can waive.

But with that, I’m going to start with Jeffrey DeLisle.

Everybody will have two minutes to speak.

And, Jeffrey. After that will be Mike Gelin and Shaheem [sic] Jardet -- Jarrett. Okay.

MR. DELISLE: Good morning. My name’s Jeff DeLisle. I’m a Senior Consultant for Bolton Partners, Incorporated. My office is -- and my residence is in Boca

153

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Raton, Florida.

I come to ask the Commission to consider changing the ranking of Item Number on the agenda.

And the reason being is, quite frankly, the --

(COMMISSIONER UDINE RETURNED TO THE ROOM.)

MR. DELISLE: all the proposers are qualified, objectively, but the nature of the remaining part of the evaluation is subjective. And we believe that we have material benefit to the Commission in partnering as a joint venture with Gelin, and Mr. Gelin, Mike Gelin, will respond to his portion of this.

(COMMISSIONER SHARIEF LEFT THE ROOM.)

MR. DELISLE: But and -- and with -- with respect to that material difference that is a positive for Broward County, we have offered a proposal that is 60 -- over $60,000 less than the fiscal impact that was set of 167.

We have experience of delivering our consulting on time and on budget. We’re offering a data warehousing from John Hopkins ACG, which is an improvement to the current data warehouse system that -- and it will monitor healthcare costs, claim patterns, utilization of organizational and individual patient levels, which will allow the County to customize programs to assist employees in improving their healthcare and decision patterns and lifestyle.

And the last thing is I’ve met a number of you before the cone of silence, and one of the things that we added in, it’s not part of the RFP; we think it should have been, but it wasn’t, what we’re willing to do is offer to the County a dependent eligibility verification office -- audit on a contingency basis, because as far as we could tell, and as far as the Commissioners we spoke with could tell, there’s never been, or hasn’t been recently, a dependent eligibility verification audit.

154

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Thank you, Mr. DeLisle.

MR. DELISLE: Okay. Thank you.

MAYOR FURR: Okay. Next, Mike Gelin. And then Shaheem [sic] Jarrett -- Jarrett.

MR. GELIN: Good afternoon --

MAYOR FURR: (Inaudible.)

MR. GELIN: -- Mr. Mayor, Vice Mayor --

MAYOR FURR: (Inaudible.)

MR. GELIN: -- County Commission. My name is Mike Gelin, President of the Gelin Benefits Group. We are headquartered in Miramar, Florida. We have an office in Fort Lauderdale, Florida. And I have about 15 years of experience working in the employee benefits consulting field for the largest and most respected firms in the world, including Marsh and McLennan and Aon Consulting.

Prior to starting the firm, I last worked as a Vice President at CBIZ Benefits and Insurance Services, and I also hold their Certified Employee Benefits Specialist designation, which is the highest designation in the field of employee benefits. The educational content coming from the Wharton School of the University of Pennsylvania.

So, in 2015, I started the firm because I had some loyal clients that we provide a -- provide a high level of service with. They decided to help me in starting the firm.

We are certified as a CBE with Broward County, and also with Broward Health, Broward College, the South Florida Water Management District, and other agencies.

We’re certified as a minority vendor with the State of Florida Office of Supply

155

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Diversity, Hillsborough County, and the City of Tampa.

But these certifications are meaningless if there’s not real opportunities. And what we’re looking for is just a real opportunity with Broward County.

And we thought we had one, but, unfortunately, we’re being penalized because there wasn’t more than one firm that was qualified to do the work.

We do have a quality firm. Combined, we have over 50 years of experience. And then we also partner with Bolton Partners to provide additional resources that County may need.

We think the County should take note that the -- the current County CFO and the person that’s most experienced and has the most expertise in the field working with employee benefits, Kevin Kelleher, he ranked us -- our firm the highest of --

(COMMISSIONER SHARIEF RETURNED TO THE ROOM.)

MR. GELIN: – of the three firms, including the two publicly traded firms that also bid. And so, he understands that we have the ability to meet all the -- all the services provided within the RFP.

So, we’re appealing to the Commission to do what the Code allows. Promote your small businesses and potentially hear presentations and re-rank the firms as you best see fit.

And then, of course, we’re also open to creative solutions to ensure a meaningful CBE participation.

Thank you.

MAYOR FURR: Thank you, Mr. Gelin.

Shaheewa Jarrett. Did I say it right this time?

156

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MS. JARRETT: Yes, you did. Thank you.

MAYOR FURR: Okay.

MS. JARRETT: Thank you, Mayor, Commissioners. I’m pleased to be here.

As Mike spoke about the experience and expertise of the firm, I wanted to talk about the importance of supporting small businesses here in the County.

You all have expressed your desire to do that, and we’re here to ask you to -- to honor that commitment.

We are extremely passionate about what we do. We believe in providing our clients with the best service so that we can acquire the best benefits at a cost- effective rate.

In supporting your small business here, we are -- small businesses are the economic engine in the community. And, as we grow, we will hire additional staff and grow our presence and imprint here in the County.

As Mike mentioned previously, we are headquartered in Miramar, Florida, but we have an office in Fort Lauderdale, and we intend to grow.

We’re local. And I think that’s important. That means besides being a business and trying to provide for our -- our clients, we also care about the community in which we live.

Both Mike and I graduated from Plantation High School. We went away to college. I happened to attend Florida State University and the University of Miami for law school, so I kind of straddle both ends.

But we came back. We came back because we cared. And we are active. So, we’re not just active in the business community, but in serving our community.

157

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Mike has served on the Board of Directors for the Life Net for Families, and currently serves on the Board of Directors for the Center for Independent Living here in Broward County.

I started my own non-profit here in 2005 in which we mentor and provide a speaker series to local middle schools and parks, and we also provide scholarships. We have provided over $25,000 worth of scholarships, and we’re hoping to do that again this year.

I’ve served as a Vice President of League of Women Voters here in the County, as well as the -- on the Board of Directors for the Make A Wish Foundation of Southern Florida.

So, I ask that you vote to not approve the item agenda 75 today.

MAYOR FURR: Thank you --

MS. JARRETT: Thank you.

MAYOR FURR: -- Shaheewa.

Nick Matthews, and then Bernie Friedman.

MR. MATTHEWS: Good afternoon, Mayor and --

MAYOR FURR: Good --

MR. MATTHEWS: -- Commission.

MAYOR FURR: -- afternoon.

MR. MATTHEWS: Nick Matthews with Becker, Poliakoff on behalf of the Gelin Benefits Group.

With Item 75, I think there’s an important piece about the process that needs to

158

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

-- to be discussed.

(VICE MAYOR BOGEN LEFT THE ROOM.)

MR. MATTHEWS: All the way back to early of this year, this RFP has gone through the Commission to approve it. It’s been released, it’s gone through question and answers, it’s gone through a closing date, RFP submittals, evaluation committees and all that under the premise that no CBE participation was required.

That determination was made by -- in an April memo that just this morning has been corrected. That determination had been reliant on the wrong area of Broward County Code, saying that it’s an area of the Code that deals with reserve contracts where I believe the County would attempt to dedicate an entire project or entire contract for a CBE company to -- to do all of that work.

(COMMISSIONER RYAN RETURNED TO THE ROOM.)

MR. MATTHEWS: Just today, your staff corrected the -- the record and said, no, there’s a piece of the Administrative Code that says specifically there has to be two firms that could potentially do the work listed in the CBE registry.

There has been two firms with the proper NAICS codes in the CBE registry all along, but just now we are kind of figuring out which part of the Code is relevant to determine that.

And if you look at the Code, that we are now saying is the appropriate Code to determine no goals necessary, it only asks that there be at least two in the registry. It doesn’t say staff needs to call them and personally ask them how much of the project they can do or how much they’re interested in or how much they would charge.

It doesn’t say any of that. It simply says there needs to be two in the registry to set a goal and a procurement.

159

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

So, if we are now going back and recognizing the proper area of code that kind of dictates policy here, let’s go back and also apply that proper -- let’s apply it properly and say there’s two firms that identify in this industry in the -- in the registry, and therefore implement some sort of a goal or a requirement. And we’re here to encourage you to think outside the box and find a way to --

UNIDENTIFIED SPEAKER: (Inaudible.)

MR. MATTHEWS: -- ensure that whoever is approved here has some sort of CBE participation in this contract.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MR. MATTHEWS: And that’s what we would ask you to do.

Thank you.

MAYOR FURR: Thank you, Mr. Matthews.

Mr. Friedman.

MR. FRIEDMAN: Thank you.

MAYOR FURR: And then Barbara Crowe.

MR. FRIEDMAN: Bernie Friedman -- Bernie Friedman representing Gelin Benefit Group.

A couple of very quick points.

First of all, CBE participation is an important policy --

MAYOR FURR: (Inaudible.)

MR. FRIEDMAN: -- that has been embraced by this County Commission over and over

160

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

again. It’s important because it provides access, empowerment, mentorship. And, ultimately, many of my CBE clients have actually graduated from the program and are now doing work as primes on many programs.

So, it’s a critically important program.

Commissioner Bogen actually had proposed some amendments to it recently that are great amendments.

Second of all, there is the question of the Code provisions. There’s a Code provision 1-81 that talks about CBEs in reserve RFPs. This is not a reserve RFP.

The Administrative Code, in Section 19, talks about two firms being on a list. It’s irrefutable, there were two firms on a list. So clearly there should have been a CBE requirement to this RFP.

John -- Commissioner John Rodstrom many years ago was the one that changed the code because there were multiple bond deals going on and there was only one firm that was eligible, and there were a whole series of bond deals and that one firm was getting every single one of them.

The facts here have nothing to do with that, and, clearly, this is not multiple deals.

There should have been a CBE requirement.

Third, why punish the one CBE firm that spoke earlier, that played by the rules, that has worked so hard in this community, that has established roots in Miramar, that has done all this great work, that has an expectation and a reliance to have a CBE requirement? Why punish that one firm?

That’s unfair. We need to fix it.

Finally, I urge you to think out of the box. There are many creative ways. You

161

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

might even have to waive your Procurement Code to fix this. You could always reject all bids. By super majority, you could hear presentations.

But we hope that you somehow fix this and take care of that one CBE firm that played by the rules, that is really working hard in this community, and someday we hope will graduate from the CBE program and be back here as a graduate.

So, thank you very much, and we look forward to working with you.

MAYOR FURR: Thank you, Mr. Friedman.

Ms. Crowe, and then Mr. Hebert.

MS. CROW E: We’re going to come up together, if that’s okay?

MAYOR FURR: Yeah, that’s fine.

MS. CROWE: Good afternoon, Mayor, Vice Mayor, and Commissioners.

As we discussed during the evaluation committee meeting, the number one ranked firm for the employee benefit services was recently sold and ultimately, the awardee -- excuse me?

UNIDENTIFIED SPEAKER: Who do you represent?

MS. CROWE: Oh, sorry. Barbara Crowe with Gallagher Benefit Services.

MR. HEBERT: Paul Hebert, Gallagher Benefit Services.

MS. CROWE: And as was pointed out by the County Attorney, the selection committee for the County would have to go through a full vetting process to vet out the firm that was not participating during that RFP process.

That firm has purchased Wells Fargo, which is the current consulting firm.

162

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Should you have any reservations about awarding a contract of this size and significance to this entity that has not been vetted, we would be happy to discuss our services and capability through a presentation.

Our local, stable team, who has also -- has several residents of Broward County, has representative [sic] some of the largest governmental entities, both Miami-Dade County, Palm Beach County, and the School Board, for significantly over ten years.

We have a public entity niche as well as a well-established team within this niche. Many of our team members have worked for Gallagher Benefit Services well exceeding 17 to 20 years specifically in the public entity arena.

We are the second ranked firm, and would like your consideration to reject the Wells Fargo and/or U.S.I., which is an unvetted firm, and appoint Gallagher Benefits Services as your consultant.

We thank you again and look forward to your consideration.

MAYOR FURR: Thank you very much.

MS. CROWE: Thank you.

MAYOR FURR: Next speaker, George Platt, followed by Seth Platt.

MR. G. PLATT: Good afternoon. George Platt on behalf of my client, U.S.I. Insurance Services, the company that recently acquired Wells Fargo, who’s been your provider for 15 years and done an outstanding job by everybody’s account.

The selection committee did actually hear presentations from the short-listed firms. They voted. Strong recommendation that U.S.I. be considered.

There was no three-day letter raising new information.

There was no protest.

163

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

I worry -- I hope you worry, too -- that if you want to have every Tuesday people getting up here and second guessing the selection committee not based upon any real legal basis but just upon the fact that they’re going to say they’re better than the next guy.

Gelin wrote his letter talking about, gee, you didn’t consider the CBEs, but, you know, Geller -- Gelin proposed as a prime.

(Laughter.)

MR. G. PLATT: Not you. Gelin proposed as a prime. They’re in the process. They weren’t excluded from the process. They managed a way to get 51 percent of a proposal, and they did pretty well.

But they’re a new company. They were just recently formed.

This is a very important service for your County, and I hope that you will give credibility to the process that you create with the Procurement Code, a procurement process.

We have a team that is stable, that’s been here, that includes Senior Vice President Susan White, the lead consultant; Katherine Pritchett, the Account Executive; James Byrne, the Financial Analyst; Melissa Tucker, the Wellness Associate; Michael Schenk, Compliance Attorney; Nick Allen, the Actuary; and Doug Beller, the Managing Director.

This is a great team. They’re a wonderful, trusted extension of your benefits people.

This process worked the way it’s supposed to work.

I ask you to -- to approve the ranking and allow this process to go forward as it should.

164

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And -- and you really don’t want to start inviting this. It’ll provide more work for me, but it’s really not the way you want to go.

MAYOR FURR: Thank you, Mr. Platt.

Next Mr. Platt.

MR. S. PLATT: Good morning, Mayor --

MAYOR FURR: We have two more speakers after this.

MR. S. PLATT: -- Vice Mayor, Commissioners. Seth Platt for LSN Partners on behalf of U.S.I. Insurance Services.

You know, Gallagher did not procedurally oppose this award in the letter they filed to Purchasing, or ask that you overturn the recommendation of award in accordance with your procedures.

And the third-place team of Gelin Benefits did ask that you award the contract to them, based largely on the merit that they brought a CBE component to this procurement.

And that’s an argument lacking merit to vault them into first place.

County staff did a great job contesting some of the procedural issues raised relative to County’s requirement to assign CBE percentages, but let me pose the business case scenario to you on why this is good public policy.

If the Board agreed that it was appropriate policy to assign a CBE percentage when only one firm is available in the market, it would have forced prime contractors to hire the sole subcontractor, regardless of their competence, or risk being found irresponsible.

And what if that one CBE vendor went exclusive with one company, giving that team a strategic advantage over all other proposers?

165

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Or what if they proposed as a prime and were evaluated in comparison to the other proposers?

This is indeed what happened. So, arguments that the County should have assigned a CBE percentage are irrelevant, as Gelin proposed with a strong subcontractor on their team and came in third place, leaving them with no standing to oppose this award.

You know, competition is a cornerstone of the principles of capitalism, and it is reasonable public policy and good business sense that when there is insufficient capacity in the CBE directory that there be no CBE goal forced upon proposers.

Relative to the company’s acquisition, many of you have seen this before. In fact, LSN represented a company that was twice acquired during the procurement process, and it was still granted award.

In today’s business climate, companies are acquired all the time. And your staff has always had the presence of mind to vet these situations in an appropriate manner according to their procedures.

We ask that you approve staff’s recommendation.

Thank you.

MAYOR FURR: Thank you. Thank you, Mr. Platt.

Ernest Newborn, and then Susan White, and that’ll conclude our speakers.

MR. NEWBORN: Good afternoon, Mr. Mayor, Vice Mayor, Honorable Commissioners. My name is Ernest Newborn. I’m the general counsel of U.S.I.

U.S.I. is the third largest privately held insurance broker in the world, the tenth largest insurance broker generally in the world. We’re based in Valhalla, New

166

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

York. I flew down here this morning at the request of Susan and Katherine to be available to you to the extent that you had any questions about our transaction and how it might be relevant to the issues before you today.

In the interest of time, I’ll be really short.

U.S.I. acquired the stock of Wells Fargo Insurance Services, an ongoing concern. The only thing that has changed is the shareholder that owns the stock.

And the team remains in place. We bought a company, paid a lot of money for a company that is a fine company with an excellent reputation, an excellent history. And it’s no surprise to me that -- that they scored better than their competitors.

But I’m here to answer any questions you might have to the extent that our transaction, that where we signed a definitive agreement back in June, we closed the transaction on November 30th, and --

UNIDENTIFIED SPEAKERS: (Inaudible.)

MR. NEWBORN: -- as I said, we bought the legal entity. And the day after the transaction closed, we changed the legal entity because we did not buy the Wells Fargo brand. And the legal entity now is called U.S.I. Insurance Services National, Inc., that will do business under U.S.I.

But the team, the organization, everything you relied upon in the --

UNIDENTIFIED SPEAKERS: (Inaudible.)

MR. NEWBORN: -- to make the initial determination is still true.

And I’m available to answer any questions you might have to the extent that it’s relevant to your determinations.

167

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Thank you.

MAYOR FURR: Thank you. Thank you.

And I see, Susan, you’re here for questions only, correct?

MS. WHITE: Correct.

MAYOR FURR: Here -- we’re in a little bit of a dilemma here, because we have a legislative luncheon that’s going to start at 12:30.

My suggestion is we put this on the table.

We do have a number of people from the airport we could get in. We could -- we could listen to a few of them real quick. That way, we’ve heard all the public speakers. We come back at 4:00 o’clock, we finish up.

Everybody okay with --

UNIDENTIFIED SPEAKER: 4:00 o’clock?

MAYOR FURR: Whenever. Whenever the -- whatever time --

UNIDENTIFIED SPEAKER: (Inaudible) workshop.

MAYOR FURR: After the workshops are over.

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Is everybody okay with that?

Okay. With that, I need a motion to put this on the table.

UNIDENTIFIED SPEAKER: (Inaudible.)

168

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. Do we have a -- do I have a second?

UNIDENTIFIED SPEAKER: Second.

MAYOR FURR: Okay. All those in favor of putting this on the table?

Any opposed?

Okay. We’ll -- we’ll -- we’ll -- we’ll come back to this around -- when we -- when we -- after we finish the transportation workshop.

VOTE PASSES UNANIMOUSLY.

(VICE MAYOR BOGEN WAS NOT PRESENT FOR THE VOTE.)

AGENDA ITEM 79

MAYOR FURR: And with that, I’m going to go to Item 75 -- no, I’m sorry.

UNIDENTIFIED SPEAKER: 79.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: 79. Thank you.

And if -- if there’s a chance -- we’re going to try to listen to all the speakers real quick, and then we’ll come back to this as well.

This is a motion to discuss, but I want to make sure that you all have a chance to be heard and that you don’t have to come back five hours -- four or five hours later.

So, I’m going to start Helene O’Brien.

169

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

If you all can consolidate your -- your thoughts and what you want to say, that would be helpful as well.

I’m going to start with Helene O’Brien. Helene.

MS. O’BRIEN: Thank you --

MAYOR FURR: Good afternoon.

MS. O’BRIEN: -- for --

MAYOR FURR: Okay.

MS. O’BRIEN: -- giving us the time. Appreciate it.

My name is Helene O’Brien. I’m the Director for Florida SEIU 32BJ. My address is 1313 Northwest 36th, Miami, Florida 33142.

We are the union that organizes, represents, and assists airport workers in Fort Lauderdale, Miami, and, actually, other airports in the state as well.

In three weeks, it will be one year from the January 6th shooting at Fort Lauderdale Airport, and we are here to ask the County to act, to take some steps that could make the -- the airport safer.

There are 2,000 workers at Fort Lauderdale who work for passenger service companies that have contracts with airlines, and these workers receive little to no training, most of them. They watch a -- apparently, a very effective 15- minute video made by this County when they get their badge, and that is the extent of the training that they receive from their employers.

UNIDENTIFIED SPEAKER: What number are we on?

MS. O’BRIEN: This is crazy.

170

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: 79.

(VICE MAYOR BOGEN RETURNED TO THE ROOM.)

MS. O’BRIEN: We all saw what happened yesterday. We’ve seen what’s been continuing to happen around the country and around the world. And we believe that the -- these workers need an extra level of training.

And so, we are here today to request the County introduce some proposals.

One, we -- we think that workers should be required to receive a certain amount of training every year on what to do in a situation such as that happened on January 6th of last year.

Two, we believe there needs to be higher screening criteria for the companies that are getting permits to do business in this airport. There’s dozens of them. You don’t even see -- you have no -- no approval, there’s no transparency in what they do, on their requirements, any of that.

And then, three, we believe that there needs to be a greater transparency and accountability of -- a greater -- higher level of -- of training and standards for those companies.

It’s not about curriculum. We’re not here to debate that. It’s not about any of that.

It’s simply to make sure that when someone is pushing someone in a wheelchair, they know what to do if there’s an active shooter situation.

Thank you.

MAYOR FURR: Thank you, Helene.

Theotis Presely, please.

171

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: What?

UNIDENTIFIED SPEAKER: Jon McDuffie.

MAYOR FURR: Okay.

MR. MCDUFFIE: Good afternoon.

MAYOR FURR: Jon McDuffie.

MR. MCDUFFIE: My name’s Jon McDuffie. I am with the -- the Managing Partner of On Scene Emergency Management Solutions, and we’re out of Los Angeles.

We help airports and critical infrastructure all over the country. LAX, Logan, Denver, and now we’re working also with SEIU here in Fort Lauderdale with trying to provide that training that we find is so important at these airports. Any -- any place there’s critical infrastructure, this type of training is important.

The failure to provide even basic emergency response training to those who interact with passengers is the most -- who interact with passengers the most is a serious public safety, customer service, and risk management issue for the aviation industry at large, and Fort Lauderdale Airport specifically.

MAYOR FURR: Keep going. Keep going.

Mr. MCDUFFIE: What -- what I really want to reinforce is that it -- it’s common sense, it’s good business sense to have these people trained. We work hard at training out public -- public safety individuals at 30,000 feet. Getting grass-level folks who service customers day in and day out is very important, as well as making sure that the certified providers are trained and ready to provide this type of training to the employees.

172

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Thank you very much. MAYOR FURR: Great. Thank you, Jon.

Next speaker is Theotis Presely.

VICE MAYOR BOGEN: Jon, did you get that shaving cream?

MR. GUERILUS: Good afternoon. My name is Gueldere Guerilus. I work at Fort Lauderdale Airport as a wheelchair attendant.

Last year -- last January shooting was a horrible experience for our people here at the airport. Many of us still feel nervous when we go into work.

Five people were killed and eight people were injured due to the incident at the airport.

So, at the time of the -- the incident, I was pushing a -- a wheelchair passenger in a wheelchair, and all of a sudden, the chaos erupted. And what comes to mind is run for cover, but that -- that was also my responsibility to take care of that passenger. I could not run and leave him unattended.

So, I had to run with it, slowing me down, but that’s the first thing to do. That’s our responsibility, the wheelchair. That’s your parents, my parents, and -- and all, in -- in -- in case.

But the reason why we here today to have a proper training, because some people might think our job is not important at the airport, but we are the first one to see and the last one to leave there when we come -- your parents to -- to the airport in the wheelchairs.

So, therefore, we need proper training and to know when the situation present itself to know what to do, where to go, the -- the exit --

MAYOR FURR: Thank you, Gueldere.

173

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. GUERILUS: -- to take with them.

(COMMISSIONER GELLER LEFT THE ROOM.)

MAYOR FURR: Thank you very --

MR. GUERILUS: Thank you.

MAYOR FURR: -- much.

Medjie Bissainthe?

UNIDENTIFIED SPEAKER: She had to go to work.

MAYOR FURR: Okay. Arnold or Theotis. Finally it’s Theotis. There you are. Okay.

MR. PRESELY: Yes, finally Theotis.

MAYOR FURR: Okay.

MR. PRESELY: Yes, good --

MAYOR FURR: Theotis.

MR. PRESELY: -- afternoon.

As you know I worked for the airline for more than a decade as a wheelchair attendant. I was at the airport on January when this incident happened.

(COMMISSIONER GELLER RETURNED TO THE ROOM.)

MR. PRESLEY: Like most people, we did not know what to do. Everybody -- it was a bunch of chaos. Everybody was running and screaming and did not know where to go.

174

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

After this (inaudible), after this attack had happened, 32BJ SEIU, that represent the -- the workers at the airport, came out and talked to the workers in reference to what they was trained to do in case of an emergency.

They -- they did not know what to do.

And I’m afraid if this will happen today, we still wouldn’t know what to do without proper training.

We asking you -- that’s why I took a part of this campaign, the airport safety campaign. We ask you to -- we need mandate paid training for our employees so we -- if this should ever happen again, we will know where to go and what to do.

It was great for you, Commission, to give us the living wages. But we need more. We need to know what to do in case of emergency.

We’re asking you to act on this now and get proper training for the workers so we’ll know what to do when this incident should ever happen again.

And I assure you, if it does not happen here, it will happen somewhere else, just like in New York as yesterday, and everywhere else.

MAYOR FURR: Thank you --

MR. PRESELY: Thank you.

MAYOR FURR: -- Mr. Presely.

And our last speaker’s Arnold Freeman.

UNIDENTIFIED SPEAKER: He had to go to work.

MAYOR FURR: Okay. What we’re going to is we’re going to reconvene after the transportation workshop to -- to further discuss this, but I wanted to make sure

175

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

you all had a chance to be heard.

With that, we’re going to go to our workshop in Room 430 -- in Room 430.

(THE MEETING RECESSED AT 12:31P.M. AND RECONVENED AT 4:23 P.M.)

REGULAR AGENDA

AGENDA ITEM 75

MAYOR FURR: How many do we have? One, two, three, four, f ive.

Commissioner Holness, Commissioner Holness, and Commissioner LaMarca, you are on the phone? Can you hear us? Mike, is he still on the phone? Commissioner LaMarca will be joining us by phone soon.

Okay. We had left off -- we had put on the table Item 75. Do I need a motion to take it off the table?

MR. MEYERS: Technically, but it’s --

COMMISSIONER GELLER: So moved.

MR. MEYERS: -- yes.

COMMISSIONER HOLNESS: Second.

MR. MEYERS: Yeah.

MAYOR FURR: So moved.

176

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

All those ready to take that off the table, say -- say aye.

Any opposed, no.

VOTE PASSES UNANIMOUSLY.

(VICE MAYOR BOGEN, COMMISSIONERS RYAN, SHARIEF AND LAMARCA WERE NOT PRESENT FOR THE VOTE.)

MAYOR FURR: Okay. We're taking that off the table.

All right. So, we are back on the motion to approve final ranking.

And we had finished by -- we had -- we had heard -- had the public --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Okay. And we had a chance -- had had a chance to hear from all of the different companies.

We're going to have -- bring the conversation back to the dais. And I'll start with Commissioner Geller.

MR. MEYERS: So -- so, Mayor, you -- you had -- I think, I don't remember, but just before we recessed, were you still on Item 79?

UNIDENTIFIED SPEAKER: Yes.

MAYOR FURR: Yes.

MR. MEYERS: So, we're going to table 79, that was part of your motion --

MAYOR FURR: I’m sorry. You’re right.

177

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: -- and take 75 off the table?

MAYOR FURR: Yes.

MR. MEYERS: Yes. Just to clarify.

Thank you.

MAYOR FURR: Thank you.

COMMISSIONER GELLER: Mr. Mayor.

MAYOR FURR: Yes --

COMMISSIONER GELLER: Okay.

MAYOR FURR: -- Commissioner Geller, you're -- you’re recognized.

UNIDENTIFIED SPEAKER: Which item (inaudible).

COMMISSIONER GELLER: I just would like to --

MR. MEYERS: 75.

UNIDENTIFIED SPEAKERS: (Inaudible.)

UNIDENTIFIED SPEAKER: That’s my first question. 75. Okay.

COMMISSIONER GELLER: Mr. Mayor, this Commission has had concerns before about the small businesses, and we had an issue involving the Auditor which, you know, I respect our process that we have for selections, and, therefore, I tried to select it there -- to follow it there, but I do have a concern here where no consideration was given to small business.

And I'm going to need to ask Drew to make sure that what I would suggest is a

178

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

valid motion, and I may need his assistance in framing it correctly.

But I would ask that we reject -- that --

(VICE MAYOR BOGEN ENTERED THE ROOM.)

COMMISSIONER GELLER: I would ask for something in the alternative, which would be either that we ask the top ranked firm to reach some accommodation with Gelin and Associates, and that if they can do that, that we approve them today, and -- but they, of course, would not reach an agreement today but we would vote today to have the two firms together be the benefits administrator with the proviso that if they cannot reach an agreement between the two of them, that we reject all of the bids.

MAYOR FURR: Okay. Interesting idea.

COMMISSIONER GELLER: Thank you. I have them from time to time.

MAYOR FURR: That’s --

COMMISSIONER GELLER: So, that -- that would be a motion if -- but I'd ask Drew to make sure that that's --

(COMMISSIONER RYAN ENTERED THE ROOM.)

MAYOR FURR: Is that a proper motion?

MR. MEYERS: Well -- well, the -- the motion is proper. My concern is that the RLI itself did not have a CBE goal.

So, just as -- from a -- to be safe, this is something that, if the prospective top ranked firm was willing to do voluntarily, that -- that might be something that would be workable. Today, you could go ahead and -- and rank the firms and then the contract, whatever would be negotiated, would have an assignment provision.

179

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

I mean, so, it's something that would be workable if that's what you want to achieve, but I would not want to impose it, because it was not part of the RLI, unless you were completely waiving --

COMMISSIONER GELLER: Okay.

MR. MEYERS: -- your Code.

COMMISSIONER GELLER: Mr. Chair, if I may follow up.

Drew, what I am suggesting is that we waive the Procurement Code and that we offer an option that if the top-ranked firm and Gelin reach an agreement to do a joint venture that we award it to them, and if there is not such an agreement, that we reject all bids.

And I'm aware that that is a waiver of the Procurement Code.

UNIDENTIFIED SPEAKER: (Inaudible.)

UNIDENTIFIED SPEAKER: Okay.

MAYOR FURR: Do I hear a second to that?

COMMISSIONER UDINE: I might, but I have a question first.

MAYOR FURR: Okay.

COMMISSIONER UDINE: I have a question first.

When we had the first part of this meeting, which felt like a couple days ago, but it was --

MAYOR FURR: Yeah.

180

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: -- a couple hours ago, there was a comment made --

UNIDENTIFIED SPEAKER: Four hours ago.

COMMISSIONER UDINE: Right. There was a comment made about the -- the procurement process in general. There was a comment made that there was an error in that there were two CBE firms that could do this.

Can -- can somebody just explain that to me?

MAYOR FURR: I don't know if there was an error.

COMMISSIONER UDINE: Somebody got up and said that there was -- originally when they looked at our library of firms that could do this, there was more than one. I don't -- I don’t know what that --

MAYOR FURR: Right. I'm going to ask our County Administrator to explain.

MS. HENRY: So, if I can have Mr. McDonald come to the podium to explain that particular situation, so that -- and it relates to -- Mr. McDonald, you're familiar --

MR. MCDONALD: Yes.

MS. HENRY: -- okay. I mean, with the question, right?

MR. MCDONALD: Yes, I am.

MS. HENRY: Okay. Go ahead.

MR. MCDONALD: County Administrator, County Mayor, Vice Mayor, and all the rest of the Commissioners, to be clear, when this process started -- and -- and it's probably worth me taking these three minutes to just walk you through this CBE piece --

UNIDENTIFIED SPEAKER: You can take --

181

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MCDONALD: -- so that you can remove -- when --

MAYOR FURR: I think we need -- whatever you --

MR. MCDONALD: -- we started --

MAYOR FURR: -- take whatever time you need --

MR. MCDONALD: -- when we started --

MAYOR FURR: -- (inaudible) you need it.

MR. MCDONALD: -- this process and we received the request for goal consideration, in going through the NAICS and the word search, we did identify one firm potentially eligible.

We were then later notified that there was another firm.

We then, going back through the industry codes and the word search, agreed, there is two potentially eligible firms.

And as I can read later on in the Act as well as in the Code, it's not just the idea that we have two, but you Commissioners have said it yourself, it's the idea that we have two that are ready, willing, and able or capable to provide the service for the subcontracting opportunity.

With those two, we did, with HR, send out a very specific inquiry that was approved by our office of seeing if those two had the capacity or had the experience to provide the subcontracting opportunity.

Gelin Benefit Group sent back their response, A through Z, flying colors, that they have the capacity to do so. We agree.

The other firm responded in their communication, and in their written

182

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

communication, they said they would remove themselves because they do not have the expertise to provide the services that was written.

So, that takes my potentially two back down to one.

So, at the stage of one, with all the things that you heard earlier, whether it's the Admin Code or the Act, and the director having the authority to set a goal based on potential as well as capabilities, when I went back to one, I could no longer establish a goal.

So, in that regard, we did not establish a goal.

MS. HENRY: Thank you, Mr. McDonald.

If I -- if I might have Ms. Billingsley come to the podium.

MAYOR FURR: Okay. Ms. Billingsley.

MS. HENRY: Prior to that discussion, you were talking about waiving the Code for certain provisions. If you might explain what the Board options are, because you may have another option.

MAYOR FURR: Thank you.

MS. BILLINGSLEY: Rather than waiving the entire Code for this procurement, if it's the decision of the Board to add Gelin as a subcontractor for this contract you would simply need to waive the portion of the solicitation requirement that allow you to do that, and you still -- it's covered under the Code, the requirements of the Code --

MAYOR FURR: Okay. So, we have -- so, we have --

MS. BILLINGSLEY: -- if both parties --

MAYOR FURR: -- options.

183

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MS. BILLINGSLEY: -- yes, if both --

MAYOR FURR: So, our option is --

MS. BILLINGSLEY: -- parties agree.

MAYOR FURR: -- to -- we have one option to waive it entirely, and --

MS. BILLINGSLEY: Well, you -- actually you have four options under the Code.

MAYOR FURR: Okay.

MS. BILLINGSLEY: For the procurement in and of itself, the Code gives the Board members four options when there is a -- an RFP or an RLI.

You can either accept the recommendation of the staff.

MAYOR FURR: Okay.

MS. BILLINGSLEY: You can --

MAYOR FURR: That's the first one.

MS. BILLINGSLEY: That's the first one. You --

MAYOR FURR: The first one is approving the rankings as they are?

MS. BILLINGSLEY: That's correct.

MAYOR FURR: That’s one.

MS. BILLINGSLEY: You can send it back to the committee members with clear direction of what you’d like for them to review.

184

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Thirdly, you can reject all proposals.

Or you could -- by super majority, you can require presentations by all of the vendors.

MAYOR FURR: Okay.

MS. BILLINGSLEY: But in this instance, if you're wanting to consider, you can actually waive the component of the solicitation that states no goals, and, if both parties agree, have them work out something with the contract.

MAYOR FURR: Okay. Commissioner Geller.

MS. HENRY: Thank you, Ms. Billingsley.

COMMISSIONER GELLER: Thank you, Mr. Chair.

MAYOR FURR: Thank you, Ms. Billingsley.

COMMISSIONER GELLER: I'm not sure we can do exactly what you said, because I think that our staff acted correctly when they determined if there's only one -- one potential minority vendor or SBE vendor -- CBE vendor, sorry, not SBE -- if there’s only one CBE vendor, that we cannot require that that be under -- as part of the Procurement Code, that we include a CBE component.

However, if there is one, the nine of us have the authority to reject and to choose, and that is the reason why I think we have to waive the Procurement Code, because there is not a CBE.

I don't think you can do a mandatory CBE component, so I'm offering a proposal to waive the Procurement Code.

And I'd like to hear from Mr. Platt as to whether or not they would agree to this, but if they do, I would like to suggest that we ask the -- award it to a joint venture of -- of the first ranked firm and Gelin, providing they can reach an

185

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

agreement, that is providing they can reach a contract, which would have to be approved, and if they cannot reach an agreement, then, at a later point in time, we could reject the bids.

MAYOR FURR: Mr. Platt, would you like to enlighten us?

MR. G. PLATT: George Platt on behalf of the top ranked vendor.

Let me say this, the –

UNIDENTIFIED SPEAKER: (Inaudible.)

MR. G. PLATT: -- when we looked around for CBE companies, there weren't any. I mean, the only one that was out there was going as a prime, so we were sort of left without it.

With or without a goal, we’re always committed to trying to work with CBEs.

You don't have to waive the Procurement Code. All you have to do is to ask us if we will voluntarily, which we will, agree to meet with Mr. Gelin and his company and find a place for us on his team as a subcontractor. Not a joint venture, because I think that's -- that’s -- that’s really not needed. Then you would have to waive the Code.

But you don't have to waive the Code here. We would agree to that, and it will only come back to you in a contract form, in a contract form that you have to approve anyway.

And if we can't reach an agreement, you ain't going to approve it, I'm hearing, okay, or at least I'm hearing from some of you.

COMMISSIONER GELLER: Mr. Mayor, I’m fine with what --

MR. G. PLATT: So, I'm saying give us a chance to work with Mr. Gelin to find a place for him on the team. We've done it many times before, in many other venues,

186

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and we've done it in many other -- as you all know, in many other benefits services.

So, we just think that's a -- a -- an opportunity to do it that way.

And I'm not going to give you legal advice. You may have to do a modified waiver, which -- which Brenda referred to.

But -- but, again, we are voluntary -- voluntarily proffering to you that --

UNIDENTIFIED SPEAKER: (Inaudible.)

MR. G. PLATT: -- we would do that now that we know that somebody who wasn't selected or recommended would be -- would be available to work with us.

MAYOR FURR: Thank you, Mr. Platt.

Do you have a question of Mr. Platt?

COMMISSIONER HOLNESS: (Inaudible.)

COMMISSIONER RYAN: I do. I have a question --

MAYOR FURR: Oh, I’m sorry.

COMMISSIONER RYAN: -- and then I want to direct --

MAYOR FURR: Oh, wait. I'm sorry, I had Commissioner Holness first -- I’m sorry -- and then Commissioner Ryan. My -- my apologies.

COMMISSIONER HOLNESS: Thank you.

Let me -- I'd like to ask a couple of question of our staff, Ms. Henry. One, directed to our Director for Small Business and Economic Development.

187

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MS. HENRY: Mr. McDonald.

COMMISSIONER HOLNESS: Is it customary for us to vet CBEs by sending or calling them as to whether or not they're qualified to do the work, or do we go based on what we have in our system?

MR. MCDONALD: No, Commissioner, we vet. We vet on a regular basis, keeping in mind the program and the spirit and the intent. Your certification program is a certification program, not a qualifying program.

No, we don't vet on every single one, but there's multiples that we do, especially when there's expertise and/or certain licensures that's required, yes, we do.

COMMISSIONER HOLNESS: Okay. And the next question, in -- in terms of voting on a super majority, is that a super majority of those present or is it a super majority of the nine, County Attorney or Ms. Billingsley?

MS. HENRY: Ms. Billingsley.

MAYOR FURR: I think that’s a -- I think that’s a question for the County Attorney.

MS. BILLINGSLEY: I -- I believe so, but I believe it’s the entire Board, but I’ll let him --

MAYOR FURR: County Attorney --

MS. BILLINGSLEY: -- respond.

MAYOR FURR: -- Commissioner Holness has a question for you.

MR. MEYERS: Yes, sir.

COMMISSIONER HOLNESS: In terms of a super majority to get the ranking changed by hearing presentations, is that a super majority of those present or is it a

188

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

super majority of the nine Board members?

MR. MEYERS: I believe that it is ay super majority of the entire Board. Normally, it takes a majority of the entire Board to act on anything that's non-procedural, so I would interpret that and it may say so expressly that it would take six affirmative votes to do that.

COMMISSIONER HOLNESS: Two, four, six. Okay. Let me then make some comments here on this.

One, I would prefer that we vote to hear presentations. Let me tell you why.

When I look at the rank -- rankings, the person who has, in my opinion, and I think was expressed earlier also, the greatest expertise, Mr. Kelleher, ranked his firm number one.

And in my briefing with Mr. Kelleher, I questioned as to whether or not all three of these firms could do the work, and he concurred that they could.

And oftentimes when matters come before us and we have these rankings, there might be a point or two points separating them. This -- in this case, it was greater between number one and -- and the other two. The -- the two -- second tiered -- third -- second and third rank were only separated by a little over a point. So, there was minimal separation in terms of their ability to get the work done.

And in terms of this company, one of our local companies being able to perform the work, if they can, I -- I think we ought to look at that, and look at it from the standpoint of this, that here is a company that would be right here, that will be very responsive to us, that will do everything they can to perform at the optimum for us.

There is a question as to whether or not they haven't been around a long time. Well, you know what? The system that we have, if we perpetuate that, where people who haven't been there for an extremely long period of time don't get

189

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

opportunities, then we're going to lock a lot of folks out, and especially minorities and woman. And we have done that time and time again.

It's not how long you've been out there. It's your capacity, your capability. It's what you can do, whether you can perform or not. And clearly, they've demonstrated that they can perform the work.

And -- and in terms of the CBE opportunity, and some folks says, well, they didn't allow us to use them as a CBE. Well, they were forced not to be a CBE. They were forced to go find a joint venture in order to be able to get an opportunity. They've done everything they can do be able to get this opportunity.

So, I am of the opinion that we ought to hear presentations. And if Mr. Kelleher’s -- who is the expert, as long as I've been here, on this issue, seven- plus years now, is ranking him one, I see no reason why we can't give these folks an opportunity.

MAYOR FURR: Commissioner Ryan.

COMMISSIONER RYAN: Two the County Attorney, I don’t know if you will answer this. I know you have Glenn Miller working on this. He works on these procurement issues also.

It sounds to me like what the number one ranked firm, U.S.I., had proposed was to have the evaluation committee's report accepted or approved with a condition that U.S.I. negotiate in good faith with Gelin to partner up and -- and work together on this employee health benefits proposal.

So, is it correct that you would present this in a -- a -- a motion to -- to accept the ranking with a condition of this good-faith negotiation for working together and then come back, what, in a month?

MR. MEYERS: I -- I would prefer to accept it -- accept the rankings, if that's the way you want to go, in recognition, not with a condition, but in recognition of their

190

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

voluntary agreement to do that, and then when it came back to you, presumably in January at one of the two meetings, if that condition were not -- or that voluntary agreement were not met for whatever reason, then the Board at that point does not have to let the agreement. The Board has the -- the discretion not to award the contract.

COMMISSIONER RYAN: Okay. So, I'm going to make a -- a -- a --

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER RYAN: -- I’m going to make a motion to -- to -- to that effect.

And I -- I listened to my -- my dear friend and colleague, Commissioner Holness, passionately suggested that, you know, we come in and we do all of these presentations.

But, you know, I heard time and time over the past five years that I've been on the County Commission that it's a real big deal to waive the Procurement Code, and I'm not interested in doing it every time there's --

COMMISSIONER HOLNESS: That’s --

COMMISSIONER RYAN: -- a dispute.

COMMISSIONER HOLNESS: -- that's not waiving the Code. The Code allows us to do that. We have shirk our responsibility oftentimes to follow that Code that allows us to do that.

County Attorney, is that the waiving the Code or is that a part of the Code?

MR. MEYERS: It -- it -- the Code does allow that as a fourth option by super majority vote.

MAYOR FURR: I'm -- I’m going to ask everybody to sit down.

191

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: It is (inaudible) --

MAYOR FURR: We've already had Public Hearing.

UNIDENTIFIED SPEAKER: Sorry.

COMMISSIONER RYAN: So --

MAYOR FURR: Okay. I'm sorry.

COMMISSIONER RYAN: All right. So, it -- it’s not, then, a waiver of the Procurement Code.

But, you know, when we empower the evaluation committees to spend these -- these hours evaluating it -- and -- and included in the criteria is whether or not you have a local presence, so, I mean, that is part of all of the criteria in the evaluation.

If you want to go back and change the scoring system by which these evaluation committees look at vendors, we can do so, because we did that several years ago.

But where we're at now, I'm going to -- I’m going to move that we go ahead and we accept the evaluation committee report with a recognition that there will be an effort for some voluntary agreement by participation by Gelin.

COMMISSIONER RICH: I’ll second that.

MAYOR FURR: I have a motion and a second.

VICE MAYOR BOGEN: Hold on, hold on, hold on. (Inaudible.)

MAYOR FURR: Okay. That’s -- that’s -- I wasn’t voting yet. Hold on.

Discussion on the motion? Vice Mayor?

192

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VICE MAYOR BOGEN: Yeah, I just want --

COMMISSIONER LAMARCA: Mayor, I'm on the phone.

MAYOR FURR: Commissioner -- Commissioner LaMarca, would you like to be in the queue?

COMMISSIONER LAMARCA: Yes, if I could, thank you.

MAYOR FURR: Okay.

VICE MAYOR BOGEN: I -- I went off the dais a second and there was an issue that I really didn’t -- I wanted to hear about.

Ms. Spivack, do you have a second real quickly?

UNIDENTIFIED SPEAKERS: (Inaudible.)

VICE MAYOR BOGEN: Can -- you want to discuss a quick issue, and I couldn’t talk it off -- of the dais, so what was the issue?

MS. SPIVACK: Shelly Spivack, representing Gallagher, which, for some reason, seems to have gotten lost in the discussion, and although we were -- we were ranked number two, we don't seem to have gotten any recognition whatsoever.

We went through an extensive RFP process. We went through an extensive selection process.

VICE MAYOR BOGEN: Right.

MS. SPIVACK: We were ranked number two. And -- and at this point, I'm totally confused as to what exactly it is you all are trying to accomplish.

If, in fact, you were looking for a CBE, it should have been part of the original

193

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

RFP, and I think that everybody would have abided by it and added that information into the RFP.

VICE MAYOR BOGEN: Yeah, but I thought you said -- was there something you felt that was done improperly?

MS. SPIVACK: I think that what's going on at this particular moment --

VICE MAYOR BOGEN: Oh, okay.

MS. SPIVACK: -- is.

VICE MAYOR BOGEN: I’m sorry. I misunderstood.

MS. SPIVACK: I -- I'm objecting to -- to what exactly is -- is going on at this particular moment. I mean --

VICE MAYOR BOGEN: Gotcha. Okay.

MS. SPIVACK: -- if, in fact, we have an RFP process that we go through and then we turn around on the day that the selection is supposed to be made and we throw out pieces of it, that, for some reason, seems to me that it flies in the face of the process that’s been set up.

If you're going to throw it out, throw it all out.

VICE MAYOR BOGEN: But our County Attorney --

MS. SPIVACK: Or --

VICE MAYOR BOGEN: -- is -- has said what we're doing is -- is legal and proper, correct? I --

MR. MEYERS: There -- there are a couple of grounds upon which it -- it would be legal and proper.

194

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

The fact that it is a voluntary commitment, if it is achieved, and the Board decides in January to let the contract including that term, that's valid.

The -- the Board -- Mr. McDonald is correct, there was no -- and the Board is correct, there was no error by OESBD. That office had discretion whether or not to include a goal.

Well, this Board also has discretion at any time to modify the CBE goal, which we interpret to mean set a goal where one is absent as well.

So, we -- we think -- we certainly understand the -- the point about the integrity of the procurement process. It’s a valid point. But the Board is acting within its discretion, were this motion to be approved.

MS. SPIVACK: Okay. Let me make a suggestion. And -- and, Commissioner Holness, you actually -- actually brought it up, and you said it.

The three companies are separated by very small numbers. I mean, really, the percentage between the -- the -- the selection and the -- the ranking is really very, very infinitesimal.

Would it be proper to go ahead and ask the three companies to come and provide you with a presentation and then you can make your decision based upon the information that would be proffered to you?

And -- and it would be more -- I think you would get more of an informed decision, and -- and -- and after that, you decide.

MAYOR FURR: Thank you.

VICE MAYOR BOGEN: Thank you.

MAYOR FURR: Thank you.

195

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Commissioner Rich, then followed by Commissioner LaMarca.

COMMISSIONER RICH: Okay.

COMMISSIONER GELLER: (Inaudible.)

MAYOR FURR: And then Commissioner Geller.

COMMISSIONER RICH: You know, I -- I -- I think we -- we seem to consistently have a problem of wanting to do something different after the RFP says what we're supposed to be doing. And I -- I have a problem with that. Nothing -- we've heard now from the attorney I think a few times that nothing was done wrong. We heard from Mr. McDonald.

So, I -- I don’t think it’s the role of the County Commission to --

UNIDENTIFIED SPEAKER: It is.

COMMISSIONER RICH: -- to hear the presentations. As far as I know, that's -- our procurement process has a committee, which does not include any of us --

COMMISSIONER HOLNESS: (Inaudible.)

COMMISSIONER RICH: -- and then brings a recommendation to us.

If we don’t like the recommendation, then we can adjust it. We can do what this motion says, which is to try and have two people work together because of the issue of the CBE.

But to throw it out, I -- I think, you know, it's setting this precedent, this -- this continuing to -- to try and change mid process our RFPs.

And I -- I don't think that's appropriate. If we don't like our RFPs, if we don’t like what we’re doing, then let's change that part of the process, but not midstream of when we have something in front of us.

196

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

So here, because of the -- these voluntary possibility of an agreement, I -- I support doing that.

But beyond that, I -- I -- I think it's inappropriate for us to throw this thing out at this time.

MAYOR FURR: Okay. Commissioner LaMarca, you’re recognized.

COMMISSIONER LAMARCA: Thank you, Mayor.

I’ve been listening to the conversation and comments from our colleagues.

You know, my -- my -- my concern went back to the -- to the beginning of this, beginning of this process.

And -- and we've been told that the U.S.I. from Wells Fargo is just simply a name change.

The other -- other thing that we've been told is that the reason that Mr. Gelin was not -- was unable to be a participant as far as the CBE goes is because he was not able to. There wasn’t two in the system.

There are a couple things here that I just -- I think lead us down the path that I’m -- I agree with a couple of the previous comments that I’m not one to typically want to waive the Procurement Code and evaluate ourselves.

It’s very, very important, and I thought that we did it on the Convention Center hotel, and that was a -- because, obviously, that's a major infrastructure project for the County. This isn't like that. You know, this isn't to that degree as far as the size of the project.

But I think that where we've heard things of what has -- have transpired, I think it flies in the face of -- of a -- of a fair process. And, you know, I'm not -- I’m not challenging any of the -- any of the evaluators or -- or how they ranked, but, you

197

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

know, my concern is -- is, you know, the -- the company changing. You know, again, it was said it’s just -- it's simply a stock buy-out. Well, I think everyone has -- has had their fair share of comments over the last couple of months when the name Wells Fargo comes up, and, with all due respect, they were called a company of -- of great quality and -- and a great brand.

I would -- I would -- I would be here all night if I told you what I really thought about that, and that has nothing to do with the folks that were formerly Edify and, you know, were sitting before us.

But, unfortunately, when you associate yourself with a name like that, you get what -- what goes with it.

So, with my -- you know, my thought, or at least my intention would be to -- that we waive -- we waive the Code and we have these three firms come in.

I've been nothing but impressed by all -- all three firms as far as the work they do, and I just -- I have an -- I have an issue with those couple of things that just looked like they were not done, not so much the process but, look, if there was only -- if there was only one listed CBE, then -- then Gelin is in -- in a -- in a bind as far as being able to have competed that way.

And I know it looks like, well, then they went -- then they went and competed as -- competed as a prime. And the bottom line is if they competed as a prime only because they couldn't partner with somebody because the system didn't -- didn’t exist for them to do that, then, for me, they -- you know, this -- this whole thing, we should look at it.

I mean, I -- look, we -- we get paid a lot of money to -- to show up on a Tuesday and -- and spend our time there and -- and put our heart and soul into this. And I think -- nothing against the evaluators, again, or the procurement office -- officer, but, you know, this is one of those things that I think we should look at and be able to evaluate ourselves or -- I didn’t -- I wasn't comfortable with the -- the -- the exchange in conversation of Mr. Platt, and I -- I -- I appreciate his position, because that -- that's probably the position I would take if I was doing

198

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

his job for that client. There's no reason for them to JV with somebody, you know, other than possibly do subcontractor.

So, if -- if you all are fine with that, I mean, that's something, but, for me, I'd rather see the -- the three companies present and hear what they have to offer for us. And, you know, benefits is -- is clearly a big issue for us.

MAYOR FURR: Thank you.

Commissioner Geller, then Commissioner Udine.

COMMISSIONER GELLER: Thank you, Mr. Mayor.

I agree with some of the comments from Senator Rich about not wanting this Commission to be hearing on a regular basis appeals from our Procurement Code or people that want us to act as the procurement committee. I agree that -- that we do not want to do that.

Maybe if there's, you know, one or two huge deals, the Convention Center, the opioid litigation maybe, but we cannot start doing this on the run of the mill thing.

I support Commissioner Ryan's motion. I would, however, also point out that, speaking personally only, I would tell Mr. Platt that if -- and I -- I would never dream of dictating terms between the two things, but if there's not an agreement of some sort between the two, that I do feel strongly about CBE participation. I do feel strongly we need to be growing our businesses. And I would likely end up moving to reject all bids if there is not some agreement of whatever type is acceptable to both of the parties.

So -- but based on that, I -- I fully support Commissioner Ryan’s motion.

MAYOR FURR: Okay. Commissioner Holness -- no.

COMMISSIONER UDINE: Thank you.

199

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: (Inaudible.) Yeah.

COMMISSIONER UDINE: You know, when I listened to the comments from the public that spoke before, it just seems unfair to me that if you have one CBE, then that -- that person who does everything that we ask them to do because we want to build up the program doesn't get counted and -- and -- and -- and -- and have a chance to participate as a CBE business in one of our procurements.

And I heard something about Commissioner Rodstrom 20 years ago and there was a whole big thing, but -- and -- and it's not fair because there's only one of them.

To me, if you want to increase the CBE business, give that one a chance, because then there’ll be -- if -- if Mike Gelin’s getting all the work, there will be a few more CBEs that are going to come after that if they see he's the only one.

And it goes kind of like with what Sandy McDonald had said a few meetings ago, you know, we need some of these larger companies to mentor some of these -- these smaller CBEs to give them a chance.

I mean, when I look at the procurement that was done on this, any of the three would be fine to do our benefits. The -- U.S.I., which was ranked first, is fine by me. If they’re going to make an agreement with Mr. Gelin, who’s a CBE, and the -- and -- and, in my opinion, the procurement should have been written with a CBE compliance. I think the policy should be who cares if there’s only one. There should still be a CBE compliance so that a CBE has a chance.

And if -- if we -- if we're looking to manufacture widgets and there's only one CBE widget maker, if they're getting all the business, pretty soon there will be ten CBEs. And isn't that really what our goal is up here?

So, I would support coming back with an agreement with -- with the -- with Gelin, who should have been a CBE to begin with in the original procurement, coming back as a CBE to Wells Fargo.

200

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

If not, then I -- then I would agree to throw all the bids out.

But I think that there's an agreement that can be made.

MAYOR FURR: Okay. And I’m --

COMMISSIONER HOLNESS: Okay.

MAYOR FURR: -- Commissioner Holness.

COMMISSIONER HOLNESS: Yes. Hopefully, Commissioner Udine, when our Office of Small Business and Economic Development comes back with what we voted on a few weeks ago proposed by Commissioner Bogen, and I joined in as a sponsor, we can have that straightened out where if there's even one CBE, that that 25 percent threshold that we ask for is put in place.

So, hopefully, that -- and I think there is consensus on this Board for that to happen. I heard no one say no.

And -- and I can count. So, I count less than six. That means my motion is not going to make it.

With that, I’ll -- I'll support the alternative.

MAYOR FURR: Okay. With that, we have a -- we have a motion and a second.

I would like --

UNIDENTIFIED SPEAKER: Would you clarify the motion again?

MAYOR FURR: I'm going to -- I’m going to allow the maker of the motion to clarify his motion one more time.

UNIDENTIFIED SPEAKER: Could you clarify your motion, please?

201

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: All right. The motion is that we're going to accept the ranking of the evaluation committee and that -- I want to use the language from the County Attorney -- with a recognition that there will be an effort made by U.S.I. to reach a voluntary agreement for partnership putting on the team Gelin Benefits Group.

MR. MEYERS: Mayor, there -- there is one other point that I know is at -- at issue, which is I think there is a requirement for continuing service, and the contract right now expires at the end of the year.

COMMISSIONER RYAN: So, let me then -- let me go ahead and clarify. So that we will continue it until the middle of whatever first or second meeting is in January and if, at that time when it comes back, either Gelin and U.S.I. will say they've joined together on a team or else we’ll -- we can -- we can then reopen it.

MAYOR FURR: That's totally a different motion.

MR. MEYERS: Yes.

MAYOR FURR: One’s a continuation. One is a -- one is --

MR. MEYERS: There’s --

MAYOR FURR: -- voting it up.

MR. MEYERS: -- there is a -- there's a cure. There's language in the contract that may -- that allow it, but I don't necessarily interpret it.

The -- the County Administrator has the right to extend a contract on a month- to-month basis for up to six months, but what the language says is to allow completion of any open work orders or due to ongoing negotiations for renewal. It doesn't talk about a solicitation.

I would want to make sure that Wells Fargo also interprets it to allow the

202

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

County Administrator to continue it on a month-to-month -- month-to-month basis until the new action by the Board is ready.

If not, then there’s a -- there's another way that that may proceed.

MS. HENRY: If I might.

MAYOR FURR: County Administrator.

MS. HENRY: Actually, there's one more option year in this contract that we can --

MAYOR FURR: One more option year?

MS. HENRY: -- one more option year in the contract, with a provision that you can -- you can terminate for convenience.

MAYOR FURR: Okay.

MS. HENRY: So, it still allows you to do what you're -- what you’re --

MAYOR FURR: Okay.

MS. HENRY: -- wanting to do here, as long as they understand that that would be our intent.

MAYOR FURR: Okay. So, if that's the case, your original motion, I would think is correct, correct?

COMMISSIONER RYAN: So, yeah, the -- so the original motion with authorization for the County Administrator to continue the existing contract --

MAYOR FURR: Right.

COMMISSIONER RYAN: -- for a year, that we approve the ranking of the selection --

203

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Or until --

COMMISSIONER RYAN: -- committee --

MAYOR FURR: -- or until --

COMMISSIONER HOLNESS: (Inaudible) until.

COMMISSIONER RYAN: -- or -- or until --

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER RYAN: -- do we want a date certain when -- when U.S.I. will come back and say whether or not there's an agreement?

UNIDENTIFIED SPEAKERS: (Inaudible.)

MR. MEYERS: Mayor, there --

MAYOR FURR: Yes.

MR. MEYERS: -- there's a slight wrinkle with what the County Administrator is saying as well on that, because it requires mutual consent in order to exercise that renewal option.

So, if we're going to go under that route, I would want to make sure that the current provider is comfortable -- is -- is agreeing to the extension for an additional year, understanding that the intention would be to terminate for convenience, which I think requires 60 days' notice, and then to let a new contract.

MS. HENRY: They -- they --

MAYOR FURR: Mr. Platt, could you --

204

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MS. HENRY: -- they extended that offer --

MAYOR FURR: -- speak for your company?

MS. HENRY: -- to us. If you might.

MAYOR FURR: Okay.

MR. G. PLATT: George Platt on behalf of U.S.I.

Yes, we understand that it can be extended and then terminated for convenience at whatever time you determine.

MR. MEYERS: But does -- Mayor, if I may, does your client consent? Because mutual consent’s required for the extension.

MS. WHITE: Good afternoon. Susan White with U.S.I.

Yes, we consent.

MR. MEYERS: Thank you.

MAYOR FURR: Thank you very much.

MS. WHITE: Thank you.

MAYOR FURR: Okay. So back to the original motion.

COMMISSIONER RYAN: Has -- has the motion been framed correctly?

MR. MEYERS: Yes, sir.

MAYOR FURR: Okay. We have a motion and a second.

Everybody understand the -- everybody understands the motion?

205

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

All those in favor, signify by saying aye.

All those --

COMMISSIONER LAMARCA: Aye.

MAYOR FURR: Okay.

Any opposed?

Okay. Let the record show that passes unanimously.

Thank goodness.

VOTE PASSES UNANIMOUSLY.

(COMMISSIONER SHARIEF WAS NOT PRESENT FOR THE VOTE.)

(COMMISSIONER LAMARCA VOTED TELEPHONICALLY.)

AGENDA ITEM 79

MAYOR FURR: Okay. Next --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Okay. We're going to go to Item 79, and this was a motion to discuss comprehensive emergency response training program for Fort Lauderdale- Hollywood International Airport employees.

And this is an item that was brought forth by Commissioner Holness, and I'm going to have Commissioner Holness open this up.

206

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER HOLNESS: Yes, thank you.

We know of the tragedy that occur, and in talking to our president of our airport, Mr. Gale, he understands that we do need to put some training in place.

It's been a long day, and I think that we probably have consensus here to do that, so what I'm going to ask from you, colleagues, is that we allow for our County Attorney and the administration to work together to bring something back to us as soon as possible to put this in place.

MAYOR FURR: Who would like to speak on that?

VICE MAYOR BOGEN: I'll second that.

COMMISSIONER HOLNESS: Thank you.

MAYOR FURR: Commissioner Rich, then -- okay.

COMMISSIONER RICH: Yeah. I want to support that motion.

I think -- you know, everyone talked about we're coming onto the first -- the -- the first anniversary of this tragedy at our airport. And I know everyone has done their studies and everyone has something to say, but it's time now for us to actually have a recommendation from, you know, administration through the airport, that we can actually act upon, because it -- it -- it is time now to have this training.

And -- and I -- every time I hear the -- the people who are actually out there at the airport that are pushing wheelchairs and helping our -- our passengers, I -- I know that we need to as quickly as possible get the proper training and -- and -- and -- and put this into order now before, heaven forbid, something else happens.

So, I just want to support this, and as quickly as possible, I think if we can get something brought back to us maybe in January so that we, you know, could

207

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

actually vote on something and put it into place.

Thank you.

MAYOR FURR: Okay. Vice Mayor Bogen, you're recognized.

VICE MAYOR BOGEN: Not only do I support what Commissioner Holness is bringing forward, but I had the opportunity to speak to law enforcement within the past 30 days, and it's been a year, and I said does law enforcement have something in place now, are they ready now? And the answer is no. They've met, they've talked, they don't even have, from what I understand, a plan in place.

And I think we need to talk to the Broward Sheriff's Office. I think we need to know what's slowing things down.

And I was also told, you know, the radio systems that BSO uses is not the same radios as TSA uses, and all these other things.

And so, I just want my fellow Commissioners to know what I was told, that if something happened, the same thing happened at the airport, there's nothing that's been conclusively done as of today that would have a plan in place.

Thank you.

MAYOR FURR: Commissioner Ryan.

COMMISSIONER RYAN: It was several months ago that we received a report which evaluated, you know, the incident, this mass shooting. And it had components that talked about increased training.

And this -- this is -- this is right along the lines of the suggestion of -- of our -- of Commissioner Holness, but I don't want to get like boxed into the idea that you need to have 40 hours of training.

What might be appropriate, I think, would be what the security experts say is

208

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

necessary for persons in -- in various positions. Because we have 15,000 employees over at the airport. You have some 600 employees that work directly for the County. You have about 2500 that work that are subcontracted out.

And those are the ones, that 2500 are the ones I think that this is most focused on, so -- but they work in many different areas, and the training, I think, in various categories would be different.

So, the -- the group, there's some group of stakeholders that I think has been meeting twice a month to talk about security issues, and it's -- it’s about time to bring this thing in, and -- and, you know, begin some type of training.

So, I'm in favor of it, but I just wanted to make sure we weren't directing staff to -- to move to a position that was that specific, but -- but allow them the latitude to determine what might be an appropriate training program, because there is some general security training that happens when all employees get their badge --

MAYOR FURR: (Inaudible.)

COMMISSIONER RYAN: -- and then they -- they see some kind of an active shooter video. But there is a little bit of training, but certainly that needs to be enhanced.

So, I'm in favor of your recommendation, Commissioner Holness, but I just wanted to clarify that you were not giving any specific direction of what that -- that training would be.

COMMISSIONER HOLNESS: Mayor.

MAYOR FURR: Commissioner Udine first.

COMMISSIONER UDINE: Thank you.

209

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

I'm also in favor of -- of what Commissioner Holness said, but I -- I think that we need to make sure, and I want to defer to the Airport Director on this, because this is different than what Vice Mayor Bogen mentioned. Law enforcement will have a separate -- you know, their disciplines will all do their tabletop exercises and whatever they call it.

What -- what -- what I'm thinking about here and -- and the way this is framed and being presented to me is there is a wheelchair operator who has a passenger in a wheelchair and there's a problem. That person needs to have some level of training.

Now, it needs to come from the airport. The airport needs to do the training on every person that is on airport property that gets an airport badge, because it just doesn't make sense for the airport simply to audit. You know, if Sbarro's Pizza has a place in there and they have a few employees with a badge, Sbarro’s Pizza is not going to be the one that’s going to train the people. It would make little sense for them to do that.

This needs to be thought out, done by the airport, and the number of hours that they deem appropriate, the way that it needs to be done.

It needs to be paid training for those employees, because these are a lot of entry level low -- low -- low dollar employees, and they're going to need to not be penalized financially when they go through what this training is.

I don't know the number of hours. I'll leave that to Mark Gale and his airport security people to actually come up with a plan that they can have brought to us.

But I think to make them audit different -- 60 different training plans from 60 different providers will take them more time and be less effective than -- than just having them do it the right way in the beginning.

So, I'm going to support Commissioner Holness's motion.

210

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. I’m going to -- I'm going to speak to this --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: -- and then it’ll be Commissioner -- Vice Mayor Bogen and then Commissioner Holness.

I -- I agree with you on this. I think there should be kind of a universal curriculum that goes for all 15,000, so that -- and that would be covering, you know, everything from orientation to the airport so everybody knows exactly where everything is, where the exits are, where to evacuate, all those kind of things, safety, public service, all -- all those kind of things.

There's a universal curriculum that -- that -- that should be localized, you know, whether it's, you know, film --

UNIDENTIFIED SPEAKER: Yes.

MAYOR FURR: -- but done --

COMMISSIONER GELLER: Mr. Mayor?

MAYOR FURR: -- done right there --

COMMISSIONER GELLER: Is that --

MAYOR FURR: -- and then --

COMMISSIONER GELLER: -- part of the motion? Or what (inaudible).

MAYOR FURR: No, I'm not making a motion. I'm just -- I’m just commenting right now.

And then each one of those other businesses are going to -- they'll have their own extra training on top of that.

211

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

But we should be coming up with our own that -- that speaks to the report and speaks to what things we -- we actually want all of our employees there to know and to understand. That's where I would like to see it.

So, I'm going to go to Commissioner Bogen -- Vice Mayor Bogen, and then to --

VICE MAYOR BOGEN: Thank you.

MAYOR FURR: -- Commissioner Holness.

VICE MAYOR BOGEN: I'm sorry, what's your name?

MR. MCDUFFIE: Jon McDuffie.

VICE MAYOR BOGEN: Jon, come on up for a second. I don't know if you guys know, but --

COMMISSIONER RYAN: He’s a friend of yours.

VICE MAYOR BOGEN: No. You're with a company called On Scene Emergency Management --

MR. MCDUFFIE: Correct, sir.

VICE MAYOR BOGEN: -- and you have experience with everything we're talking about at Los Angeles Airport --

MR. MCDUFFIE: Absolutely.

VICE MAYOR BOGEN: -- and you've already developed curriculums. Your company does curriculum of training; is that right?

MR. MCDUFFIE: Yes. That's correct.

212

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VICE MAYOR BOGEN: And you'd be willing to share some information with this County? What would you guys be willing to do in the effort to what we're talking about.

MR. MCDUFFIE: Absolutely. And -- and thank you, Commissioner Bogen.

This is not new. This is not recreating the wheel. I know you're at the first steps of considering this type of training at Fort Lauderdale. At LAX, at Denver, at Logan, at Fort Lauderdale, all these locations are considering the passenger service worker training.

All the -- all the information that you've been receiving through the after-action reports from sheriffs, the one you commissioned yourselves about the after- action, all those take place at 30,000 feet, what you want your public safety folks to do, how you expect them to interact.

What you're discussing today and what -- what Commissioner Holness is trying to put forward is that eye-level wind, the people on the ground, the forward- facing customer service folks that see these people every day.

The average person moving through the airport, they don't know a person in a knit sweater and blue pants and black shoes, they see a uniform, they have expectations. You have expectations.

I have expectations that they're going to be trained, they know what they're doing, and they're going to be able to help other people.

So, I -- since we -- we do this at LAX already with a required standardized curriculum, with certified service providers that, through a checklist, they're even approved to be providers of contractors at LAX, and then on top of that now, along with the living wage, they're required to do this type of training for their employees, we're excited about the thought of Fort Lauderdale doing this also.

And whatever we can do to help, we -- we'd love to. And we're very thankful

213

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

that SEIU has been discussing with us what -- what our efforts are out at L.A. VICE MAYOR BOGEN: Would you just tell everybody how you came to our County through --

MR. MCDUFFIE: Oh, we -- we've completed the living wage ordinance and the -- the mandatory emergency preparedness training for passenger service workers in the City of Los Angeles, passed by the City of Los Angeles City Council, and now they're required, a mandatory period of full paid release time for all their passenger service workers throughout the airport to get this type of training your discussing.

VICE MAYOR BOGEN: No, I meant you were brought here through the SEIU --

MR. MCDUFFIE: Oh, yes.

VICE MAYOR BOGEN: -- is that correct?

MR. MCDUFFIE: Yes.

VICE MAYOR BOGEN: Okay.

MAYOR FURR: Thank you very much.

MR. MCDUFFIE: Thank you.

MAYOR FURR: Commissioner Rich, and then Commissioner Holness to close.

COMMISSIONER RICH: I just have a question, if you --

MR. MCDUFFIE: Yes, ma’am.

COMMISSIONER RICH: -- don't mind, Jon.

So, could you comment with what happens with regard to the fact -- I -- I don't know how many contractors other airports have. I know we have a lot. So, I'm

214

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

concerned about when we talk about training that there's some uniformity across the board here.

I'm not saying everybody does the same thing, but there are lots of contractors, and if you allow them to determine themselves, then you may not get the level of standards that you might like to have.

So, tell me about some other airports and how that's handled.

MR. MCDUFFIE: When it comes to this training, it has to be standardized training that's agreed upon by -- by the municipal body or the airport authority.

What we find is that when you have smaller pools of contractors that work for an airport, that they follow a certified process to be allowed to be contractors at the airport itself. When you do that, you don't run into the -- and this is just the first thought that always come to mind, a White Fish issue --

UNIDENTIFIED SPEAKER: Good.

MR. MCDUFFIE: -- like in Puerto Rico, where you contract with someone and you believe on paper that they're -- they’re capable of doing something only to find out that it's a three-man team and a $300,000,000 job. That's the last thing -- I -- I would never expect to see that in Fort Lauderdale, but, by limiting that pool of contractors by having certification process, everything from insurance all the way down through emergency preparedness training that you've laid out for them, that's how you -- you limit that and make sure you've got folks that are able to accomplish the training that will be laid out by this group.

Thank you.

MAYOR FURR: Okay. Thank you.

Commissioner Holness to close.

COMMISSIONER HOLNESS: Yes, so let me thank all of you for your support, and --

215

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and SEiU, and our Airport Director and County Administrator in supporting this effort to bring training about.

I -- I -- I certainly am not going to sit here and dictate to the airport president that it must be exactly this. He's the expert. He knows it there.

In terms of the amount of training, I think it should be substantial, but also it must be required that it be paid for these employees, because we don't want it to be shifted because the airport is asking for it, that these employers say, well, you know, it's on your time. It -- it -- it has -- what must be in here is that it's paid training for these employees. They're -- they’re -- they’re not, in my opinion, able to give all of that time up to travel there and not be compensated for it.

MAYOR FURR: It -- it could be part of the orientation process.

COMMISSIONER HOLNESS: It -- it has to be such --

MAYOR FURR: That’s paid. That’s --

COMMISSIONER HOLNESS: -- that it's there.

And in terms of whether it's 40 hours, I'm not mandating that, either. It -- it -- it has to be something that is relevant to our local community also. And -- and I think our -- our airport president is able to -- to take care of that, along with our County Administrator, and our County Attorney.

So, with that --

MAYOR FURR: This was a motion --

COMMISSIONER HOLNESS: -- we can take the vote.

MAYOR FURR: -- to discuss. I think --

216

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER HOLNESS: Well, I made a motion already that we direct our County Attorney and our County Administrator and airport president to work together to come back with an ordinance for us to -- to put in place, and I believe there was a second already also.

MAYOR FURR: Does this need to be an ordinance?

UNIDENTIFIED SPEAKER: I seconded.

UNIDENTIFIED SPEAKERS: (Inaudible.)

COMMISSIONER HOLNESS: That is the motion.

UNIDENTIFIED SPEAKER: Okay. Second.

MAYOR FURR: County Attorney, is this --

UNIDENTIFIED SPEAKER: (Inaudible.)

UNIDENTIFIED SPEAKER: Third.

MAYOR FURR: -- well, I have a question.

UNIDENTIFIED SPEAKER: Fourth.

UNIDENTIFIED SPEAKER: Fourth.

UNIDENTIFIED SPEAKER: Let's vote. Let’s vote.

MAYOR FURR: I have -- I have a question. Is this --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: -- is this a -- yes.

217

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MR. MEYERS: If you could give us a little flexibility, only because, Commissioner Holness, it might be an ordinance, it might be a resolution, it might be --

COMMISSIONER HOLNESS: That’s fine.

MR. MEYERS: -- something that's in our airport --

COMMISSIONER HOLNESS: Policy.

MR. MEYERS: -- standards.

COMMISSIONER HOLNESS: Okay.

MR. MEYERS: Basically, there --

UNIDENTIFIED SPEAKER: Right.

MR. MEYERS: -- there's probably a -- a good way of doing it.

COMMISSIONER HOLNESS: For us to come back with a -- a document --

MAYOR FURR: Right.

(VICE MAYOR BOGEN LEFT THE ROOM.)

COMMISSIONER HOLNESS: -- that will put this in place.

MAYOR FURR: Right. A plan --

UNIDENTIFIED SPEAKER: Plan of action.

MAYOR FURR: -- plan of action.

COMMISSIONER HOLNESS: Plan of action.

218

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay.

COMMISSIONER HOLNESS: Well, it's a little more than a plan of action. It has to be --

MAYOR FURR: An action plan.

COMMISSIONER HOLNESS: -- a requirement that this be done, yes.

(Laughter.)

UNIDENTIFIED SPEAKER: We’ll get it down.

MS. HENRY: We got it.

COMMISSIONER HOLNESS: Thank you.

MAYOR FURR: Okay. All those in favor?

(VICE MAYOR BOGEN RETURNED TO THE ROOM.)

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: All those in favor?

Any opposed?

Okay. That passes unanimously.

UNIDENTIFIED SPEAKER: Show me in favor.

MAYOR FURR: That was an action to --

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: -- that was to direct --

219

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Everybody was yes.

UNIDENTIFIED SPEAKER: Yeah, it was seconded by --

UNIDENTIFIED SPEAKER: Bogen --

UNIDENTIFIED SPEAKER: -- Bogen --

UNIDENTIFIED SPEAKER: -- and I thirded it.

MAYOR FURR: Right. I think it was fifth.

COMMISSIONER RYAN: (Inaudible) second.

MAYOR FURR: Right.

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Right.

VOTE PASSES UNANIMOUSLY.

(COMMISSIONERS SHARIEF AND LAMARCA WERE NOT PRESENT FOR THE VOTE.)

(VICE MAYOR BOGEN LEFT THE ROOM.)

SUPPLEMENTAL AGENDA

AGENDA ITEM 86

220

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: Okay. With that, we're going to go to Item Number 86.

And I need to make one change on this. We had a little scrivener's mix-up on this and it had to do with the Children's Services Board.

I'm going to take Commissioner Rich off that, and I would -- I would entertain -- I'd like to see who may be interested.

Commissioner Geller, would you be interested in that?

COMMISSIONER GELLER: (Inaudible.)

MAYOR FURR: That’d would be great.

Okay. With that, I'd ask for a motion to approve.

COMMISSIONER RYAN: Wait, wait. Can I -- is this -- on 86, this is all -- this is Exhibit 1, 2, 3, all of them?

MAYOR FURR: Are you looking at the -- all the board appointments?

COMMISSIONER RYAN: Yes.

MAYOR FURR: Are you looking at the same thing?

COMMISSIONER RYAN: Are we on Item 86?

MAYOR FURR: Yes.

COMMISSIONER RYAN: All right. I appreciate you --

MAYOR FURR: What are you trying to -- okay. Go ahead.

COMMISSIONER RYAN: -- reappointing me to the Career Source, but with regard to

221

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

the Water Advisory Board, I would -- I did not request that appointment --

MAYOR FURR: You know (inaudible) --

COMMISSIONER RYAN: -- and I see that it was your appointment, and I would love to have you, with your passion for water, Mayor Furr, I would like for you to go ahead and continue to serve in that capacity.

MAYOR FURR: I'll tell you why -- why I -- why I was asking you to do it, because you really are -- have become like an expert on the C-51 --

COMMISSIONER RYAN: Right.

MAYOR FURR: -- and this year is -- is absolutely critical. And that has been going on, and that's going to be one of the main emphasis of that -- impetuses of that advisory board this year, and I think you would be great on it to -- to help with -- to help with the direction on it.

COMMISSIONER RYAN: Oh, you're really throwing a lot of butter around there --

MAYOR FURR: I am throwing a lot butter.

COMMISSIONER RYAN: -- I'll tell you that.

MAYOR FURR: I do think you -- I do -- that's exactly why I thought you'd be good on that, for this -- for this year, just to help drive that through.

COMMISSIONER RYAN: In -- in a spirit of cooperation, I will agree to serve on the board.

MAYOR FURR: Thank you.

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: Okay. Thank you, Commissioner Ryan. And --

222

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER HOLNESS: And -- and --

COMMISSIONER RYAN: (Inaudible.)

COMMISSIONER HOLNESS: -- if -- if I may -- if I may –

MAYOR FURR: It's like a team effort. I -- I -- I'm looking at who -- who’s in the best position --

COMMISSIONER HOLNESS: Okay.

MAYOR FURR: -- there.

COMMISSIONER HOLNESS: If I may make a comment, Mayor.

MAYOR FURR: Commissioner Holness.

COMMISSIONER HOLNESS: I told your aide that it didn't matter what I put on the form anyway, because --

MAYOR FURR: Okay.

COMMISSIONER HOLNESS: -- for some reason, we don't find a way to rotate folks once they get put in place.

It would be good if some rotation was done over time. None of these that I am on I actually asked to be on.

MAYOR FURR: Oh, really? You asked to be on the MPO, right?

UNIDENTIFIED SPEAKER: (Inaudible.)

MAYOR FURR: And -- and the Value Adjustment Board. That's -- that’s alternate.

223

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER HOLNESS: (Inaudible.) The only one probably is the MPO.

MAYOR FURR: Okay. And -- and I -- I did suggest you be on the Juvenile Justice Board because of your -- your most recent initiatives that I thought fit right in with that. I -- I thought your initiative -- initiatives have been very good, and I thought nobody would be better in that position than you.

COMMISSIONER HOLNESS: It’s what it is.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: I -- you know, I -- I said it was a team approach and I really looked at who is the best -- in the best position, so --

(VICE MAYOR BOGEN RETURNED TO THE ROOM.)

UNIDENTIFIED SPEAKER: Yeah, yeah, yeah.

MAYOR FURR: Yeah, yeah, yeah. Okay.

I do want to make mention of the MPO. And if you’ll notice, I put an asterisk by my -- my name there, because we have not come to a finality decision on the expansion of the MPO. They expanded. We haven't totally -- we haven't necessarily agreed on that, but we should, at least until we decide how that's going to end up, I don't think we want to be having a 15 percent voting as opposed to 20 percent. We should at least make sure that we're -- have as many votes as possible there.

Commissioner Ryan.

COMMISSIONER RYAN: Yeah. Maybe we could hear from the County Administrator and/or the County Attorney on this issue, because when -- I haven't been able to speak to you about this --

MAYOR FURR: Right.

224

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER RYAN: -- obviously, but -- here on the dais, I thought that you had been appointed as an alternate, and then when you got on the MPO, the MPO did not treat you as an alternate. They placed you as a voting member immediately.

And I would imagine, didn't -- didn't the Intergovernmental Affairs, when they sent over the information about the appointment, didn't they designate that the appointment of Mayor Furr was an alternate?

MAYOR FURR: There's actually no such thing as an alternate, is what my understanding is. And when it was appointed last year it was -- because I had brought it up, I -- I brought up this same situation and I said they have expanded, we have not. We should have another person on there. That was my suggestion. And Mayor Sharief appointed me to that not, as an alternate, but to -- to take that extra place until we decided or -- or confirmed (inaudible).

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER RYAN: Well, we had from the -- from beginning, and it actually --

MAYOR FURR: Okay.

COMMISSIONER RYAN: -- actually was initiated before I believe you were even elected as a County Commissioner --

MAYOR FURR: Yeah.

COMMISSIONER RYAN: -- is the -- the move was made where the -- the County considered it to be a unilateral amendment of the interlocal agreement between the MPO and Broward County with respect to membership on -- on the MPO.

And this was, I guess, an agreement that had gone back from the 1990s, and it had various amendments, but there had never been, in my understanding, ever been any unilateral changes in membership on the MPO.

225

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

This was the first time that it was done without express agreement by the County. So, the County's position had been, for -- for a long period of time, that it was not a legal expansion of membership.

And I know that Commissioner Bogen, a year ago or more, stated that at an MPO meeting, and it was, I thought, basically ignored by -- by the MPO.

So, I don't know where we're going on this, whether we are now ratifying or assenting to an increase in membership by placing an additional, you know, member of the County Commission expressly as -- as a full member.

MAYOR FURR: Okay.

UNIDENTIFIED SPEAKER: Administrator, do you want to speak to that issue?

MS. HENRY: I -- I think you summarized where -- where we are at -- at -- where we are at the moment.

Before County Attorney Ms. Coffey left, it was still a very open issue, so it has to be --

MAYOR FURR: It needs to be resolved.

MS. HENRY: -- resolved --

MAYOR FURR: Yeah.

MS. HENRY: -- yeah.

MAYOR FURR: Yes.

MS. HENRY: So, we need to resolve it one way or the other.

226

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: County Attorney, would you like to speak to it?

MR. MEYERS: I was actually going to say what Ms. Henry said. Somebody could argue that if the fifth person is appointed that it is a tacit approval. It’s a difficult argument to make, but it -- it seems as though we get direction, either on the staff level or if it's something that you -- that the Board wanted to do directly, this just probably should be resolved.

MAYOR FURR: I agree.

Would you like to bring this up as a discussion -- discussion item next time --

UNIDENTIFIED SPEAKER: So --

MAYOR FURR: -- so that we -- so -- so that we have the entire history and everybody - -

COMMISSIONER RYAN: Mayor, if you -- if you are --

MAYOR FURR: I’ll take my --

COMMISSIONER RYAN: -- acceptable of this, what we'll do is can -- we’ll -- we’ll pass 86 without your --

MAYOR FURR: That's fine.

COMMISSIONER RYAN: -- membership on the MPO. I know it’ll break a few hearts over there --

MAYOR FURR: I know it will.

COMMISSIONER RYAN: -- and we'll -- we’ll pick it back up after there's been, I guess, a briefing by staff with all of the -- the members individually, and we'll take it up as -- as an item, I guess as a specific agenda item.

227

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

MAYOR FURR: That's fine with me actually.

Okay. So, I -- I -- we’ll -- we'll wait until -- we'll have a discussion item. And if you can bring back the history so we have a -- because I think everybody needs to be brought up to speed on where we are -- where we are on that. Okay?

MR. MEYERS: Yes, sir.

MAYOR FURR: So, we’ll -- if we could put that on as an item for the next meeting.

Okay. With that, I'll entertain a motion to approve the rest of the --

VICE MAYOR BOGEN: Move it.

MAYOR FURR: Do I have a second?

COMMISSIONER RYAN: Second.

MAYOR FURR: Okay. All those in favor?

Any opposed?

Okay. That passes unanimously.

Thank you.

Commissioner LaMarca, are you still on? He's gone. Okay.

So, that passes one, two, three --

UNIDENTIFIED SPEAKER: Six.

MAYOR FURR: -- six. Okay. 6/0.

228

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VOTE PASSES UNANIMOUSLY.

(COMMISSIONERS SHARIEF AND LAMARCA WERE NOT PRESENT FOR THE VOTE.

REGULAR AGENDA

MAYOR’S REPORT

AGENDA ITEM 81

MAYOR FURR: Okay. With that, we'll go to the Mayor's Report.

A couple things real quick. I'm going to make this fast because it's been a long day.

I did get a chance to speak at T.Y. -- T.Y. Park. They had -- they had started a Friends of T.Y. Park. And I actually didn’t know they had friends of parks. I knew they had friends of libraries, but I don't know they had friends of parks.

But they have a wonderful group there, State Senator Eleanor Sobel and a few other people there, and they’ve got about a hundred-people starting it off. And I think it’s -- they're going to be looking for grants and all kind of things. So, I think that's great.

I had a chance to speak at the United Negro College Fund fundraiser. I want to thank Commissioner Holness and Commissioner -- not Commissioner -- and John Camillo for the invitation to speak there.

We have the compact that is going to be this Thursday and Friday. We are going to be recommitting to the four counties, Palm -- Palm Beach County, Broward County, Miami-Dade, and Monroe, recommitting to each other to the issues and the challenges before us regarding climate change.

229

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

And it starts on Thursday. It's totally sold out.

UNIDENTIFIED SPEAKERS: (Inaudible.)

MAYOR FURR: We had a -- a graduation at the Broward County Libraries Career Online High School. I think this was their first graduation.

And what they're doing is actually allowing for people that didn't have a high school education to take -- to take all the courses online.

Fifty-three students received their high school diploma.

And the school offers accredited high school degrees and career certificates. So great news on -- from our libraries.

And with that, I want to wish everybody Merry Christmas and I think this is THE first night of Hanukkah.

UNIDENTIFIED SPEAKER: This is the first night of Hanukkah.

MAYOR FURR: Right. So, we’re going to -- let’s -- yeah, let’s -- let's get done with this.

NON-AGENDA

AGENDA ITEM 88

MAYOR FURR: And with that, I'll start with Commissioner Geller.

COMMISSIONER GELLER: Thank you, Mr. Mayor.

Last week in Tallahassee, we -- I met with senators, representatives, and --

230

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

along with our lobbying staff --

UNIDENTIFIED SPEAKER: (Inaudible.)

COMMISSIONER GELLER: -- on our CRA issue, and don't want to get into details too much, because don't want to get the cities nervous when they should be, but the meetings went very well.

MAYOR FURR: Very good.

AGENDA ITEM 89

MAYOR FURR: Commissioner Holness.

COMMISSIONER HOLNESS: Yes, Mayor, thank you for participating in the United Negro College Fund's governor's luncheon. I learned a lot about you. I -- I -- I - - I didn't know that your mother was a professor, and I learned -- learned quite a bit about your -- your -- your struggle to get to where you are.

And, again, thank you. I think it was heartfelt by those who attended that you were there.

Pleased to announce to you that this is our -- this is my third year of co-chairing this luncheon, and each year we've been able to reach over 125,000. This year we were able to raise over $155,000.

Thanks to so many of the sponsors and supporters, and John Camillo from Yellow Cab for co-chairing with me and helping to organize this, and the great staff.

And thank you for voting for the County to be a co-sponsor so that I could put the time in and my -- phone calls could actually be made from my office and we could actually look at e-mails or send e-mails. So, I'm grateful for that.

231

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

I also would like to especially thanks -- say thanks to our statewide sponsor this year, the Florida Panthers. They really stepped up and helped out, so I want to thank them.

AGENDA ITEM 90

COMMISSIONER HOLNESS: Broward County's Office of Small Business and Economic Development will host its first Doing Business with the Greater Fort Lauderdale Convention and Visitors Bureau.

This is an industry meet and greet on Thursday, December 14th from 3:30 p.m. to 6:00 -- to 5:00 p.m. at Broward County's main library. That's at 100 South Andrews Avenue, sixth floor, in Fort Lauderdale, 33301.

The Greater Fort Lauderdale Convention and Visitors Bureau is seeking to create a database of multi-cultural vendors that can offer goods and services to visitors, tourists, and convention groups.

15,000,000 people visited Broward County last year, and they spent $14,000,000,000. This is an opportunity for multi-cultural vendors to become part of the tourism industry in Broward County, because, to be truthful, most don't really benefit as vendors.

For more information, you may call 954-357-6400, 954-357-6400.

AGENDA ITEM 91

COMMISSIONER HOLNESS: There are three great community events happening on Saturday, December 16, beginning with the Broward Municipal Service District’s Central County Community Workshop. This workshop will discuss short and -- and long-term plans for the Broward Municipal Service District, also known as the unincorporated area.

232

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

It's a comprehensive plan including how to move forward as it relates to neighborhood safety, economic developments, employment, transportation, safe streets, and more.

The workshop takes place from 10:30 a.m. to noon at the African-American Research Library and Cultural Center, 2650 Sistrunk Boulevard in Fort Lauderdale, 33311.

And for more information you may call 954-357-6634. That's 954-357-6634.

AGENDA ITEM 92

COMMISSIONER HOLNESS: Also, on Saturday, December 16th, the community of Boulevard Gardens will have their final community cleanup for 2017. Cleanup is from 8:00 a.m. to 12:00 noon. Volunteers are asked to meet at Boulevard Gardens Community Center located at 313 Northwest 28th Terrace in Fort Lauderdale.

Volunteers are needed. And for more information you may contact the president of the Boulevard Gardens Association, Reverend Jessie Scipio, 954- 59w-8901, 954-592-8901.

AGENDA ITEM 93

COMMISSIONER HOLNESS: And, finally, on December 16th, the Broward MPO and the City of Fort Lauderdale presents the Second Annual Let's Go Walking event from 10:00 a.m. to 1:00 p.m. at Joseph C. Carter Park, 1450 West Sunrise Boulevard in Fort Lauderdale.

There will be free food, music, and activities throughout the day, and the weather is going to be nice. It's going to be a nice day for you to walk. So, plan on attending and wear comfortable shoes to walk.

233

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

AGENDA ITEM 87

COMMISSIONER HOLNESS: And finally, again --

(Laughter.)

COMMISSIONER HOLNESS: -- this is our last meeting, so I want to wish everyone, those who celebrate, Happy Hanukkah, Merry Christmas, Happy Kwanzaa, and see you next year.

UNIDENTIFIED SPEAKER: All right.

COMMISSIONER HOLNESS: Happy new year.

AGENDA ITEM 94

MAYOR FURR: Vice Mayor Bogen.

VICE MAYOR BOGEN: I wanted to go over a 28-page report I have here.

(Laughter.)

VICE MAYOR BOGEN: No, I -- I wanted to touch upon three quick things.

First of all, what are you guys doing at 11:00 o’clock tonight? I'll tell you what I would like you to do tonight at 11:00 o’clock is watch Channel 10. Bob Norman has got an interesting special tonight on how taxpayer dollars are being used to benefit people in good old Pompano Beach. He's got a great story tonight.

AGENDA ITEM 95

234

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

VICE MAYOR BOGEN: And, second, I'm really proud of my staff. We're doing a toy drive for SOS Children's Village out in Coconut Creek.

AGENDA ITEM 87

VICE MAYOR BOGEN: And, again, wish everybody a Happy Hanukkah, Merry Christmas, happy everything, happy new year.

And thank you.

MAYOR FURR: Commissioner Ryan.

COMMISSIONER RYAN: Commissioner Bogen, are you advising us that you're on television tonight?

VICE MAYOR BOGEN: I am and -- I was interviewed, yes.

COMMISSIONER RYAN: Okay. Just to clarify that.

VICE MAYOR BOGEN: But it's a great story.

COMMISSIONER RYAN: That's a -- that’s a little bit of a self-promotion.

VICE MAYOR BOGEN: No, no. I -- it’s not self-promotion.

AGENDA ITEM 96

COMMISSIONER RYAN: I wanted just to say thank you. We had an item that went onto Consent. It was Item 83. It was -- it was put on after the -- the agenda had been prepared.

And I want to thank staff, in particular Henry Sniezek and his staff and the County Attorney's Office. It was -- you know, in the bigger scheme of things,

235

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

not -- not what we would consider a major issue. It was a -- a setback on an old plat, a plat that was over 65 years old, but it was stopping a young family from being able to close on a transaction and be in the home for the holidays. And they worked with really a great deal of effort and speed to get it done. It's one of the nice things that this staff does, so I wanted to thank all of you.

AGENDA ITEM 87

COMMISSIONER RYAN: And for everybody, have a nice holiday.

VICE MAYOR BOGEN: And thank Kristin for reminding you to say that.

AGENDA ITEM 97

MAYOR FURR: Commissioner Udine.

(Laughter.)

COMMISSIONER UDINE: Very quickly, I just want to -- because we're in the season of United Way, I want to thank my staff in my office, Sarah, Beth, and Kyle. I know they -- and -- and the Coral Springs Museum of Art who donated some art for us last Friday when we did the -- our office did the fourth floor United Way fund raising drive. It was very well received. My guys did a great job. I look forward to one of your guys taking over next year and one of your --

(Laughter.)

COMMISSIONER UDINE: -- office staff can do it. It was an interesting thing and great job by my staff there.

AGENDA ITEM 87

236

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

COMMISSIONER UDINE: I want to wish everybody a Merry Christmas, Happy Hanukkah, Happy Kwanzaa, happy new year. I look forward to a great 2018 working with everybody.

Thank you.

AGENDA ITEM 98

MAYOR FURR: Commissioner Rich.

COMMISSIONER RICH: What’s going on? All right.

UNIDENTIFIED SPEAKER: You're on.

UNIDENTIFIED SPEAKER: You’re on.

COMMISSIONER RICH: Yeah. Okay. Thank you. I had all these things lying up here. Okay. A couple of things I just want to mention.

The Tower Club breakfast forum on homelessness last week was tremendously incredibly attended by -- had a large presence of the business community, very, very interested and committed to issues regarding homelessness and affordable housing, because we -- we did connect that.

We had a wonderful panel of Michael Wright, our own administrator for homeless, and Debbie Perry from Henderson, who deals with behavioral health issues, and Fran Esposito, who’s the CEO of Broward Partnership for the Homeless.

So, it was really informative.

And I have to tell you that we focused really heavily on best practices, which did not include the stockade. It actually was about housing first and the importance of getting people into housing and providing supportive services around them

237

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and then moving on to supportive housing.

So, it was a really, really good opportunity to help educate a lot of community.

AGENDA ITEM 99

COMMISSIONER RICH: I also attended the other day the ribbon cutting for a -- an affordable housing project called Oakland Preserve in Oakland Park. And I tell you, you know, I -- I wish that everybody would just take the opportunity to go out and see some of these projects, because they are just so beautiful. This one is an 80-unit project around a -- a lake. It has a beautiful gym and the apartments are beautiful. And it's true affordable housing because it's at the 60 percent AMI level.

So -- and we could use, obviously, hundreds more there, but the 80 units were - - evidently, they lined up the night before to -- to be able to make sure that they were eligible and they -- that they could apply and then become eligible to rent.

AGENDA ITEM 100

COMMISSIONER RICH: I also want to mention United Way. The Coordinating Council of Broward had a meeting last week and at the meeting it became apparent -- Miguel was here, our -- our Emergency Management Administrator. He was there, and people from FEMA. And we found out, lo and behold, that there are 450 families still in Broward County that are in hotels from -- from Hurricane Irma. And it just -- it seemed to be a nightmare as we were trying to figure it all out and what to do. And --

UNIDENTIFIED SPEAKER: Did you say 450?

COMMISSIONER RICH: 450 families, correct.

And I -- I will tell you that United Way -- and this is the purpose of the

238

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

Coordinating Council, because everybody was there. United Way took on the - - the major responsibility, and then they had a couple of meetings and calls and providers, people from all over this County joined.

And on Saturday, I believe it is Saturday at Signature Grand, there is going to be an event where they're going to bring -- the Jewish Federation of -- of Broward is providing the -- the vans to bring everybody there, and they'll have case managers, because the FEMA funding stops January 6th for the hotels and these people cannot get back into their homes.

So, I just want to say this is just a -- a great example of coordination in this community. And United Way took it on, and they're coordinating everybody, and this is going to be a -- a wonderful way of helping people in our community.

MAYOR FURR: Great. That’s great.

AGENDA ITEM 101

COMMISSIONER RICH: Oh, last thing, there's a Homeless Person's Memorial Day. It's a candle lighting ceremony in remembrance of homeless people that we have lost over the past year, followed by a shared people and time of community.

And it is at Hope Central, 1100 North Andrews Avenue, on Thursday, December 14th, at 5:30 p.m.

MAYOR FURR: Okay. Thank you.

AGENDA ITEM 87

MAYOR FURR: County Auditor?

MR. MELTON: I just wanted to wish everyone a Merry Christmas and Happy Hanukkah

239

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

and that you have a blessed and joyous new year.

MAYOR FURR: Thank you.

REGULAR AGENDA

COUNTY ADMINISTRATOR’S REPORT

AGENDA ITEM 82

MAYOR FURR: County Administrator?

MS. HENRY: This is a follow up to the workshop where you all indicated that you were prepared to have a sixth priority related to opiates.

So, without objection, we're going to modify the document so that the team knows that now we have a list of six and not five, as long as that's okay. Because we couldn’t --

MAYOR FURR: Any objection?

MS. HENRY: -- we couldn't take any action in the --

UNIDENTIFIED SPEAKER: Right.

MAYOR FURR: Right.

MS. HENRY: Okay. And with that, happy holidays to everybody.

NON-AGENDA

240

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.

COMMISSION MINUTES

AGENDA ITEM 87

MAYOR FURR: Thank you.

County Attorney?

MR. MEYERS: Happy holidays, everyone.

MAYOR FURR: Okay. This meeting is adjourned.

(THE MEETING ADJOURNED AT 5:41 P.M.)

(THIS IS NOT A VERBATIM TRANSCRIPTION OF THE MEETING.)

241

CH/LR/LG/JH/DH/PL 12/12/17 10:00 A.M.