August 8, 1995 Meeting 10 AM

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Meeting of

August 8, 1995

A meeting of the Board of County Commissioners of Broward County, Florida was held in Room 422 of the Governmental Center, Fort Lauderdale, Florida, at 10:00 a.m., Tuesday, August 8, 1995, with the following members present: Commissioners John E. Rodstrom Jr., Vice Chair; Scott I. Cowan, John P. Hart, Lori N. Parrish, and Sylvia Poitier. Also present were County Administrator B. Jack Osterholt; County Attorney John J. Copelan Jr.; Commission Auditor Norman Thabit; and Deputy Dorothy J. O'Grady.

In the absence of the Chair, the Vice Chair presided over the meeting.

(Commissioner Thompson entered the meeting room as reflected in these minutes.)

PLEDGE OF ALLEGIANCE Commissioner Parrish led in reciting the Pledge of Allegiance to the Flag.

PROCLAMATION - RE-AUTHORIZATION OF RYAN WHITE C.A.R.E. ACT (134) Commissioner Poitier read into the record a proclamation supporting the re- authorization of the Ryan White C.A.R.E Act.

Juliette Love accepted the proclamation for Michael DeLucca, Health Care Management Director, and thanked the Board for their support.

PROCLAMATION - AUGUST 12, 1995 - FAMILY AFFAIR DAY (135) Commissioner Hart read into the record a proclamation designating August 12, 1995 as Family Affair Day

Elizabeth Bolge and Joe Majors, Chair of the Community Agency, accepted the proclamation and thanked the Board for its support. They advised the fair will be held at Osswald Park from 10:00 a.m. through 3:00 p.m.

AVIATION DEPARTMENT - CONSENT TO SUBLEASE - SHELTAIR AVIATION CENTER INC. AND BOSS ROCKET AIRCRAFT PAWN SHOP - FLHIA - WITHDRAWN (1) By unanimous consent, the Board withdrew from this day's agenda consent to sublease between Sheltair Aviation Center, Inc. and Boss Rocket Aircraft Pawn Shop at Sheltair Aviation, Inc.'s leasehold at Fort Lauderdale-Hollywood International Airport, and authorize the Chair and Clerk to execute same, per staff's addendum.

AVIATION DEPARTMENT - AGREEMENT - NORTH PERRY AVIATION INC. AND ROYD METZ - T - HANGAR NO. 4 (2) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved release, consent, subordination, attornment and nondisturbance agreement between Broward County, Florida, North Perry Aviation, Inc. and Royd Metz for T -Hangar No. 4 located at North Perry Aviation, Inc., and authorized the Chair and Clerk to execute same.

AVIATION DEPARTMENT - TERMINAL SERVICES PERMIT - LEARJET INC. - FLHIA - WITHDRAWN (3) By unanimous consent, the Board withdrew from this day's agenda approval of term inal services permit between Broward County and Learjet Inc. at the Fort Lauderdale- Hollywood International Airport, effective February 1, 1995 with an expiration date of September 30, 1995 and month to month thereafter with a 30-day cancellation clause, and authorize the Chair and Clerk to execute same, per staff's addendum.

AVIATION DEPARTMENT - LICENSE AGREEMENT - HERTZ REALTY CORPORATION SIGNAGE, LIGHTING, AND OTHER ITEMS (4) On motion of Commissioner Parrish, seconded by Commissioner Hart and unan imously carried, the Board approved license agreement between the Hertz Realty Corporation and Broward County for directional signage, lighting, and other specified items, and authorized the Chair and Clerk to execute same.

AVIATION DEPARTMENT - LEASE AGREEMENT - VITOLO - PARKING, GREEN AREAS AND LANDSCAPING (5) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved lease agreement between Broward County, as Lessor, and Christine Vitolo, Dennis Vitolo and Joseph Vitolo, as Lessee, for approximately 237,000 sq. ft. of property to be used for parking, green areas and landscaping for a term of twenty years, and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 662 - DEED - TAX DEED PROPERTIES - CITY OF NORTH LAUDERDALE (6) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-662 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of North Lauderdale; and authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 663 - DEED - TAX DEED PROPERTIES - CITY OF DANIA (7) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-663 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of Dania; and authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 664 - DEED - TAX DEED PROPERTIES - CITY OF PLANTATION (8) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-664 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of Plantation; and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 665 - DEED - TAX DEED PROPERTIES - CITY OF MIRAMAR (9) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-665 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of Miramar; and authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 666 - DEED - TAX DEED PROPERTIES - CITY OF PEMBROKE PINES (10) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-666 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of Pembroke Pines; and authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 667 - DEED - TAX DEED PROPERTIES - TOWN OF DAVIE (11) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-667 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the Town of Davie; and authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 668 - DEED - TAX DEED PROPERTIES - CITY OF FORT LAUDERDALE (12) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-668 authorizing the conveyance by quitclaim deed, various Tax Deed properties that have escheated to Broward County for delinquent real estate taxes, to the City of Fort Lauderdale; authorized the Chair and Clerk to execute and record same.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY SECTION - RESOLUTION 95- 669 - LEASE RENEWAL OPTION - LIBRARIES DIVISION - LANDLORD: CITY OF FORT LAUDERDALE (13) On motion of Commissioner Parrish, seconded by Comm issioner Hart and unanimously carried, the Board adopted Resolution 95-669 accepting one- year lease renewal option for Libraries Division, 1409 NW 6 Street, Fort Lauderdale, Florida; 14,716 sq. ft. at $5.47 per sq. foot, $6,955.43 per month; Landlord: City of Fort Lauderdale; Term of Lease Option: May 1, 1995 through April 30, 1996; and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - ENVIRONMENTAL ENGINEERING DIVISION - WAIVE PROCUREMENT CODE - FOUR PARTY AGREEMENT - COUNTY, CITY OF HOLLYWOOD, OAKRIDGE ASSOCIATES LIMITED PARTNERSHIP, AND OAKS DEVELOPERS - SEWER FORCE MAIN - APPROVED AGREEMENT - APPROVED REVISED MOTION PER COMMISSION AUDITOR (14 A & B) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board waived the Broward County Procurement Code for the purpose of approving a four-party agreement between the county, the city of Hollywood, Oakridge Associates Limited Partnership (a developer) and Oak s Developers, providing for construction of an 18- inch diameter sewage force main; providing for developer connection to the force main; providing for reimbursement to the developers in an amount not to exceed $589,518.44.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a four-party agreement and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - ENVIRONMENTAL ENGINEERING DIVISION - RESOLUTION 95-670 - GENERAL CAPITAL OUTLAY FUND - AMENDMENT TO AGREEMENT - SFWMD (15) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted unanticipated revenue Resolution 95-670 within the General Capit al Outlay Fund (Fund 301) in the amount of $400,000 from the first amendment to the agreement with the South Florida Water Management District (SFWMD) for the Aquifer Storage and Recovery Project.

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - WASTEWATER MANAGEMENT DIVISION - RESOLUTION 95-671 - SPECIAL PURPOSE FUND - UPGRADE COMPUTER (16) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted unanticipated revenue Resolution 95-671 within the Special Purpose Fund (004) in the amount of $36,865 from the sale of excavated sand, for upgrading the Water Management Division's computer capability.

PUBLIC WORKS DEPARTMENT - OFFICE OF INTEGRATED WASTE MANAGEMENT - RECYCLING AND CONTRACT ADMINISTRATION DIVISION - AGREEMENT - PEMBROKE PINES GIRLS SOFTBALL INC. - WASTE TIRE REMOVAL (17) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Agreement between Broward County and Pembroke Pines Girls Softball, Inc. for waste tire removal, authorizing the necessary administrative and budgetary actions to implement, and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - ROAD IMPROVEMENT PHASING AGREEMENT - CMD FLORIDA INC. (18) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved road improvement phasing agreement between Broward County and CMD Florida, Inc., and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-672 - DRAINAGE EASEMENT - BENNETT DAVID, TRUSTEE R/W McNAB ROAD (19) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-672 accepting a drainage easement executed by Bennett David, Trustee, donating right-of-way for McNab Road in Section 3, Township 49 South, Range 42 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-673 - WARRANTY DEED - SUNFLAGLER INC. - R/W SUNRISE BOULEVARD & FLAGLER DRIVE (20) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-673 accepting a warranty deed executed by Sunflagler Inc., donating right-of-way for Sunrise Boulevard and Flagler Drive in Section 35, Township 49 South, Range 42 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-674 - DRAINAGE EASEMENT - WESTVIEW RESORTS CORP. R/W BONAVENTURE BOULEVARD (21) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-674 accepting a drainage easement executed by Westview Resorts Corp., donating right-of-way for Bonaventure Boulevard in Section 5, Township 50 South, Range 40 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-675 - QUITCLAIM DEED - SCHOOL BOARD - R/W DAVIE ROAD AND SW 39 STREET (22) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-675 accepting a quitclaim deed executed by The School Board of Broward County, Florida, donating right-of-way for Davie Road and SW 39 Street in Section 27, Township 50 South, Range 41 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-676 - DRAINAGE EASEMENT - FLORIDAN ENTERPRISES INC. - R/W McNAB ROAD (23) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-676 accepting a drainage easement executed by Floridan Enterprises, Inc., donating right-of-way for McNab Road in Section 3, Township 49 South, Range 42 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-677 - ROAD EASEMENT - AMERICAN RACK AND STACK INC. - R/W GRIFFIN ROAD AND BRYAN ROAD (24) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-677 accepting a road easement executed by American Rack and Stack, Inc., donating right-of-way for Griffin Road and Bryan Road in Section 33, Township 50 South, Range 42 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - REVOCABLE LICENSE AGREEMENT - CITY OF HOLLYWOOD - INSTALL CONCRETE PAVER SIDEWALKS IN COUNTRY R/W - SOUTH 21 AVENUE (25) On motion of Commissioner Parrish, seconded by Comm issioner Hart and unanimously carried, the Board approved revocable license agreement between Broward County and the City of Hollywood for installation of concrete paver sidewalks in County right-of-way of South 21 Avenue from Hollywood Boulevard south for approximately 400 feet, and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 95-678 - ROAD IMPROVEMENTS - BROWARD COUNTY PLAT NO. 2 (26) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-678 concerning road improvements related to the Broward County Plat No. 2 (82-MP-93).

FINANCE & ADMINISTRATIVE SERVICES DEPARTMENT OFFICE OF HOUSING FINANCE - FILE AUDITED FINANCIAL STATEMENTS MULTI-FAMILY AND SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAMS - FILE AUDITOR'S REPORT TO MANAGEMENT (27 A & B) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed audited financial statements for the Housing Finance Authority's Multi-Family and Single Family Mortgage Revenue Bond Programs of Broward County, Florida for fiscal year ending September 30, 1994.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed Auditor's Report to Management.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - SATISFACTIONS AND RELEASES OF LAND CLEARANCE LIENS (28) On motion of Commissioner Parrish, seconded by Co mmissioner Hart and unanimously carried, the Board approved satisfactions and releases of land clearance liens. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - SATISFACTIONS OF LAND CLEARANCE LIENS AND RELEASES OF NOTICE OF NONCOMPLIANCE - LAND CLEARING CODE (29) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the satisfactions of land clearance liens and releases of Notice of Noncompliance with the Land Clearing Code of Broward County.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - SATISFACTION AND RELEASE OF BUILDING DEMOLITION LIEN (30) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the satisfaction and release of a building demolition lien.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - SATISFACTIONS OF LIENS - ROAD IMPROVEMENTS (31) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the satisfactions of liens levied for road improvements.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - SATISFACTION AND RELEASE OF ANTI-LITTER LIENS (32) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the satisfaction and release of anti-litter liens.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - ACCOUNTING DIVISION - CHECK LISTS ISSUES - JUNE 1995 (33) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved check lists issued from June 1, 1995 through June 30, 1995 in accordance with Florida Statute 136.06.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - COUNTY RECORDS DIVISION - SUPPLEMENTAL PAPERS - PRIOR YEARS (34) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved for filing the following supplemental papers pertaining to the plats and other items that were approved in prior years.

06/01/82 32 Termination Road Improvement Phasing Agreement, Villages at Tivoli 01/05/88 12 Release of lot clearing lien Roosevelt Gardens 24-49B, lot 25, block 2 10/18/88 9 Release of lot clearing lien Cresthaven 5 40-4B, lot 18, block 1 11/04/80 41 Release of lot clearing lien Carver Ranches 19-2B, lot 11, block 40 12/11/90 55 Release of lot clearing lien Roosevelt Gardens 24-49B, lot 25, block 2 01/07/92 94 CHAS Certification of Consistency/95-8, Ann Storch Center Inc; 95/9 Think Life Inc.; 95/10 Soref Jewish Community Center Inc. 07/07/92 26 Release of lot clearing/anti-litter lien Washington Park Add-1 19-32B, lot 25, Block 3 02/23/93 1 Waiver of Sidewalk Requirements, Thomas J. 5:15 pm Lester 08/17/93 25 Budget Resolution Budget R BUD 95-370 $40,000 02/01/94 47 Westwind Plat 04/19/94 42 Forest Ridge Cluster Homes IVC Plat 11/01/94 61 Non-vehicular Ingress and Egress Line Agree for Broward Executive Park West 06/14/94 9 Release lot clearing/anti-litter lien Washington Park Add 2-21- 17B, lot 11, block 9 07/07/92 26 Release lot clearing/anti-litter lien Washington Park Add 2-21- 17B, lot 19, block 8 06/21/94 80 Agreement for phasing the installation of road improvements of Nutter Subdivision No. 2 Plat 07/05/94 49 Foundation Plat Two 09/08/94 23B Transmittal of Fiscal Year 1994-1995 Contract, Think Life $300,000 12/06/94 27 Mental Health Div. contact JH006 will never be executed by State of Florida

12/13/94 1 Release lot clearing/anti-litter Collier Manor 2:00 pm 2 Add 37-2B, lots block 24 12/20/94 86 Agreement to Amend Note Nob Hill Village Plat 12/20/94 94 Waiver of sidewalk requirements Gregory and Teresa V. Febles 02/07/95 40 University Hospital Replat 07/19/88 82 Agreement among Broward County and Jania and Janmar Properties re: 84/95 Plat 07/19/88 109 First Amendment Broward County and Hollywood Performing Arts, $15,00 09/05/89 81 Agreement among Broward County and Pembroke Pines and Estates of Robert and Arlene Chambers for traffic signalization 05/21/91 78B Termination of road improvement phasing agreement and release of lien relating to Texico Plat No. 1 01/07/92 94 Execution of a CHAS Certification of Consistency Letter/9507 Project Deerfield Beach 02/23/94 1 Waiver of sidewalk requirements for Bruce and 5:15 pm Colleen Landry 06/15/93 58 Agreement Broward County and Coral Lake IV, non- vehicular access lines 12/21/93 61 Zimmerman Plat 12/21/93 63 N-16 Plat 12/21/93 79 Pine Ridge South Addition Plat 02/15/94 44 Forest Ridge Single Family V Plat 02/15/94 52 Home Acres Plat 10/04/94 56 Agreement to amend note Lake Point Plat 11/01/94 61 Roadway Improvement Reimbursement Agreement - Broward Executive Park West Plat 11/15/94 41 University-Johnson Plat 12/06/94 49 Jeffrey's Plat

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - HUMAN RESOURCES DIVISION - RENEWAL OF CONTRACT - GUARDIAN LEGAL SERVICES - PRE-PAID LEGAL SERVICES - APPROVED AMENDED MOTION PER COMMISSION AUDITOR (35 A & B) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved renewal of the contract with Guardian Legal Services for one 24-month period, January 1, 1996 through December 31, 1997 as provided in the original agreement.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved renewal of the contract with Pre- Paid Legal Services for one 24-month period, January 1, 1996 through December 31, 1997 as provided in the original agreement.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - HUMAN RESOURCES DIVISION - AGREEMENT - NORTH BROWARD HOSPITAL DISTRICT - DRUG AND ALCOHOL TESTING PROGRAM (36 A & B) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved agreement between Broward County and the North Broward Hospital District for the services related to the County's drug and alcohol testing program.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized the Chair to sign on behalf of the County.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - AVIATION DEPARTMENT - EXTENSION OF CONTRACT - SUNSHINE CLEANING SYSTEMS INC. - JANITORIAL SERVICES - FLHIA (37) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved extension of open-end Contract #A-02-91- 19-24 with Sunshine Cleaning Systems Inc. for janitorial services at the Fort Lauderdale- Hollywood International Airport for the Aviation Department. The contract extension period shall be on a month-to-month basis for a period not to exceed six (6) months at an estimated $158,646.70 per month, starting September 1, 1995.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - COMMUNITY SERVICES DEPARTMENT - RESOLUTION 95-679 - CONVEY SURPLUS BTOS COMPUTERS AND EQUIPMENT TO FORT LAUDERDALE CHAPTER OF NAACP (38) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-679 of the Board of County Commissioners of Broward County, Florida, concerning the conveyance of BTOS computers, printers, and associated equipment declared surplus, in accordance with applica ble Florida State Statute 125 .38 and the Purchasing Division Internal Control Handbook, Chapter 15, to the Fort Lauderdale Chapter of the NAACP, providing for severability, and providing for an effective date.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - COMMUNITY SERVICES DEPARTMENT - AMENDMENT 1 TO AGREEMENT EMERGENCY RESPONSE PLANNING AND MANAGEMENT INC. - CONSULTANT SERVICES (39) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Amendment #1 to a n agreement between Broward County and Emergency Response Planning and Management, Inc. for consultant services, to increase the contract amount by $5,000 for a total of $35,000 without changing the current term of March 21, 1995 through September 17, 1995, and authorized the Chair and Clerk to execute same.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - NOTE FOR THE RECORD - EMERGENCY PROCUREMENT - CARL ERIC JOHNSON INC. - PROGRESSIVE CAVITY PUMPS - OES (40) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board noted for the record the emergency procurement of fixed contract to the low responsive and responsible quote, Group 1, Carl Eric Johnson Inc., for progressive cavity pumps (Quote #C5EMPUMPS) in the amount of $106,964 for the Office of Environmental Services.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - CONTRACT - THE MACK COMPANY REPLACEMENT UNITS AND REPAIR PARTS FOR MORRIS/GOULD PUMPS - OES (41) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board awarded open-end contract to the sole source, The Mack Company, for procurement of replacement units and repair parts for Morris/Gould pumps (Quote #C5M&GPUMP) in the approximate amount of $269,231 for the Office of Environmental Services.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - AMENDMENT 15 TO AGREEMENT - MONTGOMERY WATSON AMERICAS INC. - CONSULTANT SERVICES - REGIONAL WATER SUPPLY PROJECT (42) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Amendment #15 to the agreement between Broward County and Montgomery Watson Americas, Inc. to provide an adjustment in consultant services for the Broward County Regional Water Supply Project, for a net decrease of $15,000 from $11,019,893.93 to $11,004,893.93, and authorized the Chair and Clerk to execute same. BCOES Project 1134, Regional Water Supply.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - AWARD CONTRACT - TRIGGER LOCAL PREFERENCE ORDINANCE - BROWARD TRUCK AND EQUIPMENT - CONTACT DADE COUNTY COMMISSIONERS (43) The Board discussed awarding a fixed contract to the low bidder, Rechtien International Trucks Inc., for tandem axle tractor - aluminum cab (Bid #C-05-95-12-OF) in the amount of $123,608 for the Wastewater Management Division.

After discussion, and on motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board triggered the local preference ordinance, and awarded the bid to the Broward County firm, Broward Truck and Equipment at $124,054. Further, the Board authorized the Chair to send a letter to the Dade County Commissioners advising them of this action, indicating that Broward County Commissioners would have preferred to go with the low bidder, but until Dade County takes action on reciprocity, the Broward County Commissioners find themselves with no choice but to stay with local preference when it is available at the 1 percent. Also, this letter is to advise them that the Broward County Commissioners voted for the Dade County firm in June waiting for Dade County to take action on passing reciprocity.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - SATISFACTION OF CLAIM OF LIEN - HARRISON - MARKS - LAZENBY, DAKER, BERGER, ALI (44) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved and executed satisfaction of claim of liens against James A. Harrison; Hugh Marks, a child; Robert Lazenby; Clifford E. Daker; Michael Berger, a child; and Colin Dale Ali.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - TABULATION OF INVESTMENTS - JUNE 1995 (45) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Tabulation of Investments for the month of June 1995.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - RECEIPT OF NOTICE OF LANDS AVAILABLE FOR TAXES - APPROVED MOTION AS REVISED AT REQUEST OF COMMISSION AUDITOR (46) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board acknowledged receipt of Notice of Lands Available for Taxes submitted per F.S. 197.241 (7) and 120-13.061(1)(2)(3).

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - RESOLUTION 95-680 AND 95-681 - CANCEL WARRANTS CENTRAL ACCOUNT - COURT TRUSTEE ACCOUNT (47) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-680 and 95- 681 authorizing cancellation of warrants from Central Account #96442522, Court Trustee Account #95035370 (NationsBank of Florida).

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - RISK MANAGEMENT DIVISION - FULL AND FINAL SETTLEMENT - CLAIM SSA/100992RIDG/A (48) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized full and final settlement of Claim #SSA/100992RIDG/A in the amount of $40,000.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - RISK MANAGEMENT DIVISION - FULL AND FINAL SETTLEMENT - CLAIM DNM/012892LOWE (49) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized full and final settlement of Claim #DNM/012892LOWE in the amount of $131,000.

HUMAN SERVICES DEPARTMENT - BUREAU OF CHILDREN'S SERVICES - AGREEMENT - CITY OF CORAL SPRINGS - NEEDS ASSESSMENT - RIVERSIDE DRIVE AREA NEIGHBORHOOD (50) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Agreement #095-109 for one-time funding between Broward County and the City of Coral Springs, Florida from August 1, 1995 to September 30, 1995, in the amount of $27,000 for the purpose of conducting a needs assessment of the Riverside Drive area neighborhood, and authorized the Chair and Clerk to execute same.

HUMAN SERVICES DEPARTMENT - BUREAU OF CHILDREN'S SERVICES - AGREEMENT - CITY OF HOLLYWOOD - EDUCATIONAL AND RECREATIONAL EQUIPMENT AND SUPPLIES FOR CHILDREN WITHIN WASHINGTON PARK, BEVERLY PARK AND DRIFTWOOD COMMUNITIES (51) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Agreement #095-105C for one-time funding between Broward County and the City of Hollywood, Florida from August 1, 1995 to September 30, 1995 in the amount of $38,000 for the purpose of providing educational and recreational equipment and supplies for children within the City of Hollywood's Washington Park, Beverly Park and Driftwood communities, and authorized the Chair and Clerk to execute same.

HUMAN SERVICES DEPARTMENT - BUREAU OF CHILDREN'S SERVICES - AGREEMENT - CITY OF FORT LAUDERDALE - ENTREPRENEURIAL SKILLS TRAINING TO AT-RISK TEENS AT SUNLAND PARK (52) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Agreement #095-107 for one-time funding between Broward County and the City of Fort Lauderdale, Florida from July 1, 1995 to September 30, 1995, in the amount of $19,175 for the purpose of providing entrepreneurial skills training to at-risk teens at Sunland Park, and authorized the Chair and Clerk to execute same.

HUMAN SERVICES DEPARTMENT - BUREAU OF CHILDREN'S SERVICES - AGREEMENT - PIERRE TOUSSAINT HAITIAN CATHOLIC CENTER - CASE MANAGEMENT AND TUTORING SERVICES - CENTER'S HAITIAN COMMUNITY INITIATIVE PROGRAM (53) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Agreement #95-75 between Broward County and Pierre Toussaint Haitian Catholic Center from July 1, 1995 to September 30, 1995, in the amount of $43,000 for the purpose of providing for case management and tutoring services, as well as a needs assessment of the Haitian community residing in Pompano Beach through the Center's Haitian Community Initiative program, and authorized the Chair and Clerk to execute same.

COMMUNITY SERVICES DEPARTMENT - ANIMAL CARE & REGULATION DIVISION -RESOLUTION 95-682 - DONATION - USE OF SCANNERS - INFOPET IDENTIFICATION SYSTEMS INC. (54) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-682 authorizing the acceptance of a donation of the use of ten scanners from InfoPET Identification Systems, Inc. of Burnsville, Minnesota, for the benefit of Broward County Animal Care and Regulation Division, and authorizing the County Administrator to take all administrative actions to implement same.

COMMUNITY SERVICES DEPARTMENT - EMERGENCY MANAGEMENT DIVISION CERTIFICATION OF ELIGIBILITY - STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS - MAINTAIN EMERGENCY MANAGEMENT PROGRAM (55) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized the Chair to sign a certification of eligibility for the State of Florida, Department of Community Affairs, indicating Broward County's commitment and intent to maintain an emergency management program for FY 1996 administered by a "full-time" Director.

COMMUNITY SERVICES DEPARTMENT - LIBRARIES DIVISION - AGREEMENT - WORK SITE ADDENDUM - SERVICE AGENCY FOR SENIOR CITIZENS OF BROWARD COUNTY INC. - SENIOR AIDES PROGRAM (56) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved agreement and work site addendum between Broward County and the Service Agency for Senior Citizens of Broward County, Inc. for participation in the Senior Aides Program for the period July 1, 1995 to June 30, 1996, at no cost to the County, and authorized the Chair and Clerk to execute same.

COMMUNITY SERVICES DEPARTMENT - MASS TRANSIT DIVISION - AMENDED GRANT AGREEMENT - FEDERAL TRANSIT ADMINISTRATION - SCOPE OF WORK AND REPROGRAM (57) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved an amended grant agreement between Broward County and the Federal Transit Administration to change the scope of work and reprogram $400,000 in the capital project within Grant FL-90-X183, and authorized the Chair and Clerk to execute same.

COMMUNITY SERVICES DEPARTMENT - PARKS AND RECREATION DIVISION - STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND WATER CONSERVATION FUND PROGRAM - OSSWALD PARK ADDITION (58) On motion of Commissioner Parrish, seconded by Commissioner Hart and unan imously carried, the Board approved a State of Florida Department of Environmental Protection (DEP) Land and Water Conservation Fund (LWCF) Program Fiscal Year 1994- 1995 Acquisition Project grant agreement between Broward County and the Florida DEP in the amount of $91,480 for the Osswald Park Addition LWCF Project, and authorized the Chair and Clerk to execute same. (County match of $100,000 required.)

DEPARTMENT OF NATURAL RESOURCE PROTECTION - BIOLOGICAL RESOURCES DIVISION - CONSERVATION EASEMENT - REUTER RECYCLING OF FLORIDA, INC. (59) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board accepted a conservation easement from Reuter Recycling of Florida, Inc. over approximately 29.0232 acres of real property in Broward County, Florida. DEPARTMENT OF NATURAL RESOURCE PROTECTION - BIOLOGICAL RESOURCES DIVISION - CONSERVATION EASEMENT - REGENCY HOMES/AVALON ESTATES FOR AVALON ESTATES (60) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board accepted a conservation easement from Regency Homes/Avalon Estates for Avalon Estates over approximately 0.5 acres of real property in Broward County, Florida.

DEPARTMENT OF NATURAL RESOURCE PROTECTION - BIOLOGICAL RESOURCES DIVISION - DISBURSEMENT FROM TREE PRESERVATION TRUST FUND PLAT TREES - MAJOR ENTRYWAYS - WEST HIGHLANDS NEIGHBORHOOD (61) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the disbursement of $53,110 from the Tree Preservation Trust Fund for the planting of trees along the major entryways of the West Highlands neighborhood of unincorporated Broward County.

DEPARTMENT OF NATURAL RESOURCE PROTECTION - BIOLOGICAL RESOURCES DIVISION - CONSERVATION EASEMENT - FINVEST LIMITED PARTNERSHIP (62) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board accepted a conservation easement from Finvest Limited Partnership, over approximately 2.08 acres of real property in Broward County, Florida.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - COMMUNITY DEVELOPMENT DIVISION - SATISFACTION OF MORTGAGE - DIRECT LOAN - ODESSA BELL (63) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a satisfaction of mortgage on a 3% direct loan in the amount of $12,000 to Odessa Bell, and authorized the Chair and Clerk to execute same.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - COMMUNITY DEVELOPMENT DIVISION - SATISFACTION OF MORTGAGE - DIRECT LOAN - EUNICE A. RAY (64) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a satisfaction of mortgage on a 7% direct loan in the amount of $12,000 to Eunice A. Ray, and authorized the Chair and Clerk to execute same.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - COMMUNITY DEVELOPMENT DIVISION - SATISFACTION OF MORTGAGE - DIRECT LOAN - EUNICE A. RAY (65) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a satisfaction of mortgage on a deferred payment loan in the amount of $5,000 to Eunice A. Ray, and authorized the Chair and Clerk to execute same.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - COMMUNITY DEVELOPMENT DIVISION - FILE QUARTERLY FORECLOSURE REPORT - HOUSING REHABILITATION PROGRAMS (66) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed a quarterly foreclosure report for housing rehabilitation programs administered by the Community Development Division.

OFFICE OF BUDGET AND MANAGEMENT POLICY - BUSINESS TRAVEL AND TRIPS COUNTY EMPLOYEES (67) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved business travel and trips on the approved travel list for county employees in accordance with Administrative Order 105.

OFFICE OF BUDGET AND MANAGEMENT POLICY - RESOLUTION 95-683 - GENERAL FUND - SHERIFF'S OFFICE RESERVES - UNANTICIPATED EXPANSES (68) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted budget Resolution 95-683 transferring within the General Fund the amount of $350,000 from the Broward Sheriff's Office Reserve for unanticipated expenses such as legal settlements.

METROPOLITAN PROGRAM COORDINATION - LOCAL AGENCY PROGRAM AGREEMENT - LOCAL AGENCY CERTIFICATION AGREEMENT - FDOT - LIGHTING AND LANDSCAPING BROWARD BOULEVARD (69) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a Local Agency Program Agreement and a Local Agency Certification Agreement between Broward County and the Florida Department of Transportation for lighting and landscaping Broward Boulevard, and authorized the Chair and Clerk to execute same.

COUNTY ATTORNEY - SETTLEMENT - PARCELS 112A AND 1121 TCE - CONDEMNATION - ROBERT J. BINNS, ET AL. - GRIFFIN ROAD EXPANSION PROJECT (70) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved settlement of Parcel Nos. 112A and 112A TCE (Temporary Construction Easement) in the condemnation case of Broward County v. Robert J. Binns, et al., Case No. 93-12154 (08) - Griffin Road Expansion Project 5067, including attorney's fees and costs.

COUNTY ATTORNEY - SETTLEMENT - PARCELS 111A AND 111A TCE - CONDEMNATION - ROBERT J. BINNS, ET AL. - GRIFFIN ROAD EXPANSION PROJECT (71) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved settlement of Parcel Nos. 111A and 111A TCE (Temporary Construction Easement) in the condemnation case of Broward County v. Robert J. Binns, et al., Case No. 93-12154 (08) - Griffin Road Expansion Project 5067, including attorney's fees and costs.

COUNTY ADMINISTRATOR - RESOLUTION 95-684, 95-685, 94-686 - DONATION OF THREE HORSES - SHERIFF'S MOUNTED PATROL SQUAD (72) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-684, 95-685, and 95- 686 accepting donations of three horses for use and benefit of the Broward County Sheriff's Mounted Patrol Squad, and authorizing the County Administrator to take all administrative actions to implement same.

COUNTY COMMISSION - FILE RESOLUTION - CITY OF COCONUT CREEK - SUPPORT - ONE-CENT SALES TAX FOR SCHOOL BOARD (73) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed Resolution by the City Commission of the City of Coconut Creek, Florida, supporting a one-cent sales tax to be levied and collected in Broward County for seven years and the proceeds thereof distributed to the School Board of Broward County, Florida, to pay for capital expenditures and infrastructure for school and other educational facilities; providing an effective date.

MULTI-ETHNIC ADVISORY BOARD - APPOINTMENT - ALHAJ RICHARD DEAN (74) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Thompson's appointment of Alhaj Richard Dean to Multi-Ethnic Advisory Board to replace Raymonde Bonaparte who has resigned.

HIV HEALTH SERVICES PLANNING COUNCIL - APPOINTMENT - DEBBIE GOLDEN (75) On m otion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Gunzburger's appointment of Ms. Debbie Golden to the HIV Health Services Planning Council. Ms. Golden replaces Mr. Juan Fuentes.

MINIMUM HOUSING CODE APPEALS BOARD - REAPPOINTMENT - H. JERRY ALEXANDROWICZ (76) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Hart's appointment of H. Jerry Alexandrowicz to the Broward County Minimum Housing Code Appeals Board.

CENTRAL EXAMINING BOARD OF BUILDING CONSTRUCTION TRADES - NOMINATION ROBERT W. TUTHILL (77) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Rodstrom's nomination of Mr. Robert W. Tuthill to serve on the Central Examining Board of Building Construction Trades. Mr. Tuthill will fill a vacant position.

PLANNING COUNCIL - APPOINTMENT - COMMISSIONER SONNY ROSENBERG (78) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Gunzburger's appointment of Commissioner Sonny Rosenberg to the Planning Council. Commissioner Rosenberg replaces Commissioner Bobbie Grace, and fills the elected official slot.

COUNTY ADMINISTRATOR - RESOLUTION 95-687 - NOTICE OF PUBLIC HEARING VACATION OF R/W - SW 37 AVENUE - PETITIONER: R. D. AND GAYLE S. KERLEY, ET AL. - 15-V-94 (79) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-687 directing the County Administrator to publish notice of public hearing to be held on Tuesday, September 12, 1995 at 2:00 P.M. to vacate and abandon road right-of- way, lying and being in Broward County, Florida, and located at 5800 through 5999 SW 37 Avenue in unincorporated Broward County. Petitioner: R.D. and Gayle S. Kerley, et al. 15-V-94.

COUNTY ADMINISTRATOR - RESOLUTION 95-688 - NOTICE OF PUBLIC HEARING VACATION OF R/W - OFF GRIFFIN ROAD - PETITIONER: VST/VMIF OAKRIDGE PARTNERSHIP - 22- V-95 (80) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-688 directing the County Administrator to publish not ice of public hearing to be held on Tuesday, September 12, 1995 at 2:00 P.M. to vacate and abandon road right-of- way, lying and being in Broward County, Florida, located off Griffin Road, west of SW 31 Avenue in the City of Hollywood. Petitioner: VST/VMIF Oakridge Partnership (Berry & Calvin, Inc. - Agent) 22-V-95.

COUNTY ADMINISTRATOR - RESOLUTION 95-689 - NOTICE OF PUBLIC HEARING SUPPLEMENTAL BUDGETS (81) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-689 authorizing the County Administrator to advertise a public hearing to be held on Tuesday, September 12, 1995 at 2:00 p.m. in Room 422, Governmental Center, for adopting supplemental budgets to recognize changes in revenues and commitments.

COUNTY ADMINISTRATOR - JAIL UPDATE - FILED (82 A) County Administrator B. Jack Osterholt filed the jail update indicating the population is at 3,535 and at 95 percent of cap. No action taken.

COUNTY ADMINISTRATOR - LOBBYING EFFORTS - DNRP - BEACH RESTORATION RE- AUTHORIZED - BEACHES FROM HILLSBORO SOUTH (82 B) County Administrator B. Jack Osterholt advised that the lobbying effort in Washington by DNRP and others has resulted in the re-authorization of $15 million for beach restoration, which will be used for the beaches from Hillsboro south. Further, he advised that $10 million of the $15 million is federal dollars. No action necessary.

COUNTY ADMINISTRATOR - LEGISLATIVE DELEGATION - SPONSOR LOCAL BILL ANNEX LANDS IN UNINCORPORATED COUNTY INTO DANIA - DEANNEX LANDS LOCATED WITHIN DANIA - (133 & 82 C) B. Jack Osterholt, County Administrator, requested that this item to request the Broward County Legislative Delegation to sponsor a local bill at the earliest opportunity to annex certain lands located in unincorporated Broward County into the city of Dania; deannex certain lands previously located within the city of Dania; providing for Broward County's exclusive jurisdiction over the Airport as between Broward County and the city of Dania, be considered during this day's 2:00 p.m. public hearing, and the Board concurred. (Action on this item will be found in the minutes of the August 8, 1995 2:00 p.m. Public Hearing.)

COUNTY COMMISSION - COMMENDATION - COUNTY ADMINISTRATOR AND STAFF HURRICANE ERIN (136) Commissioner Rodstrom complimented the County Administrator and staff for their efforts during Hurricane Erin.

County Administrator B. Jack Osterholt thanked Art St.Amand, Tony Carper, and the Emergency Management Division staff for getting the county in a state of preparedness, which gave a great feeling of confidence.

Commissioner Parrish thanked all staff members who left their own families and homes to be in the county's operations center.

QUASI-JUDICIAL HEARINGS - ITEMS 83 THROUGH 119 The Chair read a prepared statement relative to testimony given in the quasi- judicial portion of the agenda. He asked if anyone wished to speak on those items, with the exception of the deferred items, to so indicate and be recognized.

Court Reporter Gina Santiago, Jack Besoner Associates, was present to swear in persons who would give testimony on these items.

PLATS - GENCO CORNER - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (83) The Board discussed the plat entitled "Genco Corner", District 2, (184-MP-89). Cindy Bertschinger, of Leigh R.Kerr and Associates, advised that they concurred with staff's report.

On motion of Commissioner Hart, seconded by Commissioner Cowan and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

PLATS - THE POINTE VILLAS - APPROVED SUBJECT TO STAFF'S RECOMMENDA TIONS (84) The Board discussed the plat entitled "The Pointe Villas", District 3, (070-MP- 94).

Cyril Saiphoo, of Consul-Tech Engineering Inc., advised that he concurred with staff's recommendation.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

PLATS - DIAMOND CAY - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (85) The Board discussed the plat entitled "Diamond Cay", District 3, (003-UP-95). Mike Cavelli, of Caulfield and Wheeler Inc., advised that they concurred with staff's recommendations.

On motion of Commissioner Hart, seconded by Commissioner Parrish and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

PLATS - SAPPHIRE SHORES - SAPPHIRE SOUND - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS AS AMENDED (86) The Board discussed the plat entitled "Sapphire Shores - Sapphire Sound", District 3 (004-UP- 95).

Mike Cavelli, of Caulfield and Wheeler Inc., advised they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report, as amended per staff's addendum amending Staff Recommendation No. 17.

PLATS - KAPOK GROVE ESTATES - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (87) The Board discussed the plat entitled "Kapok Grove Estates", District 4, (094- MP-94).

Xavier Aguire, of Associated Engineers, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

PLATS - PARAGON CENTRE - DEFERRED TO MARCH 13, 1996 (88) By unanimous consent, the Board deferred discussion on the plat entitled "Paragon Centre", District 4, (040-MP-92) to its meeting of March 13, 1996 under Section 5-181(i) to study traffic concurrency.

PLATS - MIRAMAR WASTEWATER RECLAMATION FACILITY - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS - RESOLUTION 95-690 - RESERVE FOR ROAD IMPACT FEE WAIVERS (89 A & B) The Board discussed the plat entitled "Miramar Wastewater Reclamation Facility", District 5, (057-MP-94).

John Pulice, Pulice Land Surveyors, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted budget Resolution 95-690 transferring funds within the County Transportation Trust Fund in the amount of $1,559 from the Reserve For Future Capital Outlay for the purpose of allocating the funds to the Reserve For Road Impact Fee Waivers.

PLATS - PEMBROKE PINES A.C.L.F - SENIOR CENTER PLAT - DENIED (90) The Board discussed the plat entitled "Pembroke Pines A.C.L.F. - Senior Center Plat", District 5, (029-MP-94).

Robin Banks, of Berry & Calvin Inc., representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board denied this plat per staff's recommendations.

PLATS - TRAIL'S END FLL AIRPORT PLAT (PLAT 5) - DEFERRED TO SEPTEMBER 5, 1995 (91) By unanimous consent, the Board deferred discussion on the plat entitled "Trail's End FLL Airport Plat (Plat 5)", District 6, (061-MP-94) to its meeting of September 5, 1995 at the applicant's request.

PLATS - WAGENBERG SUBDIVISION - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (92) The Board discussed the plat entitled "Wagenberg Subdivision", District 6, (064-MP-94).

Solo Wagenberg, applicant, advised that he concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

DELEGATION - RICHARD COKER - TRAFFIC CONCURRENCY AGREEMENT - L.E.A.D. PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (93) The Board considered the delegation request of Richard Coker to approve traffic concurrency agreement relating to the L.E.A.D. Plat (086-MP-93).

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved this request subject to staff's recommendations.

PLATS - L.E.A.D. PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (94) The Board discussed the plat entitled "L.E.A.D. Plat", District 4, (086-MP-93). John Pulice, Pulice Land Surveyors Inc, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the plat subject to staff's recommendations as outlined in the Development Review Report.

DELEGATION - ELIZABETH PULICE - AMEND NOTE ON EXXON-SUNRISE BOULEVARD PLAT - DEFERRED TO MARCH 13, 1996 (95) By unanimous consent, the Board deferred the delegation request of Elizabeth Pulice to amend the note on the Exxon-Sunrise Boulevard Plat (006-UP-87) to its meeting of March 13, 1996 under Section 5- 181(i) to study traffic concurrency.

DELEGATION - ELIZABETH PULICE - REVIEW NOTE ON CHECKERS HALLANDALE PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (96) The Board considered the delegation request of Elizabeth Pulice to revise the note on the Checkers Hallandale Plat (046-MP-93).

On motion of Commissioner Hart, seconded by Commissioner Parrish and unanimously carried, the Board approved the request subject to staff's recommendations.

DELEGATION - ELIZABETH PULICE - AMEND NON-VEHICULAR ACCESS LINE AND CHANGE NAME OF CHECKERS HALLANDALE PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (97) The Board considered the delegation request of Elizabeth Pulice to amend the non- vehicular access line and change the name of the Checkers Hallandale Plat (046-MP-93).

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - GREGORY MIRE - REVISE THE NOTE ON VILLAGES OF RENAISSANCE PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (98) The Board considered the delegation request of Gregory Mire to revise the note on the Villages of Renaissance Plat (027-MP- 94).

Greg Mire, CCL Consultants, advised that they concurred with staff comments.

On motion of Commissioner Cowan, seconded by Commissioner Parrish and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - JOSEPH KALLER - AMEND THE NOTE ON TEMPLE BETH AHM ISRAEL PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (99) The Board considered the delegation request of Joseph Kaller to amend the note on the Temple Beth Ahm Israel Plat (009-MP-91).

Joseph Kaller, Kaller and Associates, advised that they agreed with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved this request subject to staff 's recommendations.

DELEGATION - BENNETT DAVID - AMEND THE NOTE ON SPRING MEADOWS FARM PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (100) The Board considered the delegation request of Bennett David to amend the note on the Spring Meadows Farm Plat (007-UP-93).

Bennett David advised that he agreed with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - ROBERT C. SMITH - AGREEMENT - COUNTY, OAKLAND PARK AND HARRIS CHAPEL UNITED METHODIST CHURCH PLAT - DEFERRED TO AUGUST 22, 1995 (101) By unanimous consent, the Board deferred consideration of the delegation request of Robert C. Smith to approve agreement among Broward County, City of Oakland Park and Harris Chapel United Methodist Church Plat (044-MP-87), to its meeting of to August 22, 1995 at the applicant's request.

DELEGATION - ROBERT C. SMITH - AMEND THE NOTE ON HARRIS CHAPEL UNITED METHODIST CHURCH PLAT - DEFERRED TO AUGUST 22, 1995 (102) By unanimous consent, the Board deferred consideration of the delegation request of Robert C. Smith to amend the note on the Harris Chapel United Methodist Church Plat (044 -MP-87) to its meeting of August 22, 1995 at the applicant's request.

DELEGATION - STEPHEN LYSIK - REVISE NOTE ON VULCAN MATERIALS COMPANY PLAT NO. 2 - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (105) The Board considered the delegation request of Stephen Lysik to revise the note on the Vulcan Materials Company Plat No. 2 (063-MP-93).

Dennis Mele, attorney, representing the applicant, advised that they agreed with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - DONNA DIETZ - AMEND NOTE ON COCO PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (106) The Board considered the delegation request of Donna Dietz to amend the note on the Coco Plat (058-MP-91).

Donna Dietz, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - MARYLOU GONZALEZ - AMEND NOTE ON WESTFORK I PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (107) The Board considered the delegation request of Marylou Gonzalez to amend the note on the Westfork I Plat (143-MP-89).

Robert Legg, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Hart, seconded by Commissioner Parrish and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - DONALD MACNEIR - AMEND NOTE ON FERD HEEB PLAT - DEFERRED TO MARCH 13, 1996 (110) By unanimous consent, the Board deferred consideration of the delegation request of Donald MacNeir to amend the note on the Ferd Heeb Pla t (114-MP-83) to its meeting of March 13, 1996 under Section 5- 181(i) to study traffic concurrency.

DELEGATION - DONALD MACNEIR - AMEND NON-VEHICULAR ACCESS LINE ON FERD HEED PLAT - DEFERRED TO MARCH 13, 1996 (111) By unanimous consent, the Board deferred consideration of the delegation request of Donald MacNeir to amend the non- vehicular access line on the Ferd Heeb Plat (114-MP-83) to its meeting of March 13, 1996 under Section 5-181(i) to study traffic concurrency for note amendment request.

DELEGATION - ELIZABETH PULICE - AMEND NON-VEHICULAR ACCESS LINE ON GOMBOS PLAT - DEFERRED TO MARCH 13, 1996 (112) By unanimous consent, the Board deferred consideration of delegation request of Elizabeth Pulice to amend the non-vehicular access line on the Gombos Plat (106-PL-78) to its meeting of March 13, 1996 under Section 5-181(i) to perform a traffic study.

DELEGATION - GREGORY MIRE - AMEND NON-VEHICULAR ACCESS LINE ON PARK OF COMMERCE PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (113) The Board considered the delegation request of Gregory Mire to amend the non- vehicular access line on the Park of Commerce Plat (073-UP-80).

Gregory Mire, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - CINDY PADDOCK - AMEND NON-VEHICULAR ACCESS LINE ON SILVER LAKES AT PEMBROKE PINES PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (114) The Board considered the delegation request of Cindy Paddock to amend the non -vehicular access line on the Silver Lakes at Pembroke Pines Plat (049-MP-89).

Cyril Saiphoo, of Consul-Tech Engineering Inc., representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - HOWARD E. NELSON - MODIFY CONDITIONS OF PLAT APPROVAL FOR PEMBROKE LAKES REGIONAL CENTER PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (115) The Board considered the delegation request of Howard E. Nelson to modify conditions of plat approval for the Pembroke Lakes Regional Center Plat (165-MP-84).

Howard E. Nelson, attorney, representing the applicant, advised that he concurred with staff's recommendations.

On motion of Commissioner Poitier, seconded by Commissioner Hart and unanimously carried, the Board approved this request subject to staff's recommendations.

(Commissioner Hart left the meeting room at this time.)

DELEGATION - LAWRENCE LENK - AMEND CONDITIONS OF PLAT APPROVAL FOR WEST BROWARD CHRISTIAN CENTER PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (116) The Board considered the delegation request of Lawrence Lenk to amend the conditions of plat approval for the West Broward Christian Center Plat (030-UP-87).

Lawrence Lenk, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Poitier, seconded by Commissioner Parrish and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - GERALD L. KNIGHT - AGREEMENT - COUNTY AND COOPER CITY - COOPER CITY COMMUNITY SERVICES PLAT - DEFERRED TO AUGUST 22, 1995 (117) By unanimous consent, the Board deferred consideration of the delegation request of Gerald L. Knight to approve an agreement between Broward County and City of Coop er City relating to the Cooper City Community Services Plat (041-MP-94) to its meeting of August 22, 1995 at the applicant's request.

DELEGATION - GERALD L.KNIGHT - AMENDMENT TO TRAFFIC CONCURRENCY AGREEMENT - COUNTY, PEMBROKE PINES AND DCA HOMES INC. - HOLLYWOOD AND DOUGLAS PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (118) The Board considered the delegation request of Gerald L. Knight to approve an amendment to traffic concurrency agreement among Broward County, City of Pembroke Pines, and DCA H omes, Inc. relating to the Hollywood and Douglas Plat (179- MP-86).

Gerald L. Knight, attorney, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Poitier, seconded by Commissioner Parrish and unanimously carried, the Board approved this request subject to staff's recommendations.

DELEGATION - JOHN FAHRQUHAR - SECOND AMENDMENT TO CLARIFICATION AGREEMENT - COUNTY AND YORK CHASE RONTO COMPANY N/K/A YORK VENTURE COMPANY - OLYMPIA/YORK PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (119) The Board considered the delegation request of John Fahrquhar to approve the second amendment of clarification agreement between Broward County and York Chase Ronto Company, now known as York Venture Company, relating to the Olympia/York Plat (103- MP-94).

John Fahrquhar, attorney, representing the applicant, advised that they concurred with staff's recommendations.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved this request subject to staff's recommendations.

(Commissioner Hart returned to the meeting room at this time.)

DELEGATION - DENNIS MELE - TRAFFIC CONCURRENCY AGREEMENT - PINES 98 PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS AS AMENDED (103) The Board considered the delegation request of Dennis Mele to approve a traffic concurrency agreement relating to the Pines 98 Plat (178- MP-86).

Commissioner Parrish advised that she received a copy of the letter to Elliot Auerhahn, Director of Development Management Division, from Mr. Zimmerman and she has read that letter.

County Attorney John J. Copelan Jr. suggested that Mr. Mele be given an opportunity to look at the material.

Dennis Mele, attorney representing the applicant, advised that he has seen the letter. He commented that the letter was delivered to each of the commissioners and to Celiene Bruce, Assistant County Administrator, and Mr. Auerhahn.

(Commissioner Thompson entered the meeting room at this time.)

Elliot Auerhahn, director, Development Management Division, advised that, with the addendum, staff recommends approval of the agreement. However, the applicant wants to discuss a credit agreement executed by the applicant in 1987, but never executed by the county as far as staff can tell. The applicant wishes to discuss that credit for this plat.

Dennis Mele, attorney representing the applicant, stated that, at the request of staff, an agreement has been submitted. Staff also has an agreement which has two paragraphs that differ, and that is what they want to discuss at this time. The issue deals with credits that they believe should be applied to the money they would owe for a concurrency improvement and for impact fees.

Howard Zimmerman, the applicant, stated that in 1987 the property was platted for 150 residential units. They have asked to increase the units to 250 units. For the past seven months they have been negotiating a concurrency agreement with staff and have finally come to an agreement. At the end of the negotiations, he requested staff to apply the cost of the concurrency and the impact fees against an agreement he had with the county in 1987 for a credit for the construction of a service road and a dedication of land for that service road. Staff advised him that they had no record of the agreement ever being recorded.

Mr. Zimmerman commented on the steps taken relative to all the papers required to file a plat. His records indicate that they executed the agreement for a credit, delivered it to the County Attorney's Office, and a few weeks later the plat was recorded. Today, they are told that the agreement was never recorded.

Mr. Mele stated that the agreement provided for a $108 ,246.86 credit, but they are not asking for the full amount. The total with impact fees and concurrency improvement is $53,966, and that is the credit they are asking for. They will waive the rest.

(Commissioner Hart left the meeting room during discussion on this item.)

After discussion, and on motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved the traffic concurrency agreement subject to staff's recommendations as amended by approving a credit for the development for $53,966.

DELEGATION - DENNIS MELE - AMEND NOTE ON PINES 98 PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS (104) The Board considered the delegation request of Dennis Mele to amend the note on the Pines 98 Plat (178-MP-86).

Dennis Mele, representing the applicant, advised that they concurred with staff's recommendations.

After discussion, a motion was made by Commissioner Parrish, and seconded by Commissioner Poitier, that the Board approve this request based upon the action taken on item 103 and subject to staff's recommendations. Whereupon, the Chair called for a roll call vote with members voting as follows:

Commissioner Cowan Yes Commissioner Parrish No Commissioner Poitier Yes Commissioner Thompson Yes Commissioner Rodstrom Yes

The Chair declared the motion carried.

(Commissioner Hart returned to the meeting room during discussion on the following item.)

DELEGATION - MICHAEL COVELLI - AMEND NON-VEHICULAR ACCESS LINE - REGENCY LAKES AT COCONUT CREEK PLAT - DEFERRED TO AUGUST 22, 1995 (109) The Board considered the delegation request of Michael Covelli to amend the non-vehicular access line on the Regency Lakes at Coconut Creek Plat (075- MP-93).

Elliot Auerhahn, director, Development Management Division, reviewed the history of this plat. He advised that the request is to change the non-vehicular access line along NW 63 Road.

Dennis Mele, attorney, representing the applicant, stated that this request has been pending for some time. He displayed graphics for the plat to show the access roads and development of the property.

Mr. Mele commented that the issue is where to allow the first driveway east of U.S. 441. It is his understanding that staff proposes that the first driveway should be built 300 feet east of U.S. 441. The applicant is saying that the first driveway should be allowed to be bui lt, essentially, 152 feet east of U.S. 441. He stated that the 152 feet are actually in excess of 200 feet, and he explained how that figure was derived. He stated that the issue is the definition of Regency Lakes Boulevard and if is it a local street or a collector road. Mr. Mele read applicable sections of the code to support the applicantþs position.

David Huizenga, Engineering Division, commented on the manner in which delegation requests are initiated through staff. He commented that Mr. Mele stated that the first time they were aware that staff wanted a traffic study conducted was when they read a memorandum from Mr. Huizenga to Assistant County Attorney Sharon Cruz. Mr. Huizenga stated that there usually is a meeting with the applicant and staff to discuss the technical merits of the issue, and that meeting did not occur. Mr. Mele stated that the only meeting he is aware of is when they filed this delegation request, along with the three others. Staff met to discuss all of those, went forward with three, and asked the applicant to put this one aside and resubmit it later.

In response to the Chair's question to Mr. Mele on his being aware of the necessity for traffic study, Mr. Mele read a portion of the March 14 memorandum from staff when this application was originally submitted in February, which indicated staff recommended deferral of the request until the applicant submitted a road construction plan for Northwest 63 Road and a site development plan for the property immediately north of Northwest 63 Road and State Road 7, as requested by the Engineering and Traffic Engineering Divisions. Mr. Mele stated they did that. This memo says nothing about a traffic study.

Mr. Huizenga stated that basically staff is asking for more information on the proposal.

The Chair suggested this be deferred for discussion by staff and the applicant. Mr. Huizenga stated that there are some important details to justify this with the traffic study. Mr. Mele stated that they could deal with a two- week delay, but his only concern is that every time there is a deferral staff asks for something different.

County Administrator B. Jack Osterholt stated that in two weeks there will be an answer, and there will not be any more questions.

After discussion, and on motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board deferred this request to its meeting of August 22, 1995 for further information.

DELEGATION - MICHAEL COVELLI - AMEND NOTE ON REGENCY LAKES AT COCONUT CREEK PLAT - APPROVED SUBJECT TO STAFF'S RECOMMENDATIONS AS AMENDED (108) The Board considered the delegation request of Michael Covelli to amend the note on the Regency Lakes at Coconut Creek Plat (075-MP-93).

Dennis Mele, attorney, representing the applicant, advised that they concurred with staff's recommendations.

For the record, Elliot Auerhahn, director, Development Management Division, corrected a scrivenerþs error changing 76,000 square feet indicated in the memorandum to 25,000 square feet.

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board approved subject to staff's recommendations as amended by correcting a scrivenerþs error.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - CODE AND ZONING ENFORCEMENT DIVISION - COUNTY ATTORNEY - AMEND CHAPTER 8 1/2, ARTICLE II, ALTERNATE CODE ENFORCEMENT PROCEDURE (120) On motion of Commissioner Hart, seconded by Commissioner Cowan and unanimously carried, the Board directed the County Attorney's Office to amend Chapter 8", Article II, entitled "Alternate Code Enforcement Procedure," of the Broward County Code of Ordinances.

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - CODE AND ZONING ENFORCEMENT DIVISION - COUNTY ATTORNEY - AMEND CHAPTER 8 1/2 OF CODE OF ORDINANCES, ARTICLE 1, CODE ENFORCEMENT BOARDS - ARTICLE II - ALTERNATE CODE ENFORCEMENT PROCEDURE (121) After discussion, and on motion of Commissioner Hart, seconded by Commissioner Cowan and unanimously carried, the Board directed the County Attorney's Office to amend Chapter 8" of the Broward County Code of Ordinances, Article I, entitled "Code Enforcement Boards," and Article II entitled "Alternate Code Enforcement Procedure."

DEPARTMENT OF STRATEGIC PLANNING AND GROWTH MANAGEMENT - COMPREHENSIVE AND NEIGHBORHOOD PLANNING DIVISION - TRANSMIT LAND USE AMENDMENT 2-AC-95 - AMEND FUTURE UNINCORPORATED AREA LAND USE PLAN SERIES - LAND US PLAN MAP SERIES (122) On motion of Commissioner Poitier, seconded by Commissioner Cowan and unanimously carried, the Board transmitted Land Use Amendment 2 -AC-95, amending the Future Unincorporated Area Land Use Plan Map Series and the Broward County Land Use Plan Map Series, to the Broward County Planning Council.

PUBLIC WORKS DEPARTMENT - OFFICE OF GENERAL SERVICES - RESOLUTION 95-691 - ADMINISTRATIVE CODE - CHANGE NAME OF EQUIPMENT MANAGEMENT DIVISION TO FLEET SERVICES DIVISION - REDEFINE FUNCTIONS (123) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 95-691 amending the Broward County Administrative Code Sections 2.11 and 6.1, to change the name of the Equipment Management Division to the Fleet Services Division, and Section 6.8 to redefine the nature and functions of the Energy Management Section of the Office of General Services, and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF CONSTRUCTION AND GENERAL SERVICES FACILITIES MANAGEMENT DIVISION - FILE FINAL RESPONSE - COMMISSION AUDITOR REPORT - PUBLIC PARKING FEES - GOVERNMENTAL CENTER GARAGE (124) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed final response to Commission Auditor report entitled "Public Parking Fees - Governmental Center Garage" dated March 8, 1995.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - HUMAN RESOURCES DIVISION - RECLASSIFICATIONS - COUNTY RECORDS DIVISION - CONSTRUCTION MANAGEMENT DIVISION - FAMILY DEVELOPMENT & RESOURCE DIVISION - RESOLUTION 95-692 - EXEMPT CLASSIFICATION (125 A & B) On motion of Commissioner Cowan, seconded by Commissioner Parrish and unanimously carried, the Board approved the reclassification of three positions: County Records Division: BPN 03105 from Document Control Supervisor to VAB & Documents Manager; Construction Management Division : BPN 06845 from Maintenance Supervisor II to Facilities Maintenance-Operations Superintendent; Family Development & Resource Division: BPN 01356 from Social Worker III to Quality Assurance Coordinator.

On motion of Commissioner Cowan, seconded by Co mmissioner Parrish and unanimously carried, the Board adopted Resolution 95-692 exempting the classification of Commercial/Public Access Network Administrator from the classified service.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - DIRECT COUNTY ATTORNEY - DRAFT - ORDINANCE - AMEND INVESTMENT ORDINANCE (126) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board directed the Office of the County Attorney to draft an ordinance to amend the Investment Ordinance.

HUMAN SERVICES DEPARTMENT - BUREAU OF CHILDREN'S SERVICES - RESOLUTION 95-693 - NON-PROFIT AND GOVERNMENTAL ORGANIZATIONS - FINDING AND DETERMINATION - APPROPRIATIONS AND DISBURSEMENTS - RESOLUTION 95-694 - CONTRACTS (127 A & B) On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board adopted Resolution 95-693 relating to specified non-profit and governmental organizations; to make a finding and determination that the work and services of the organizations serve a public purpose; authorized appropriations and disbursements for the organizations for fiscal year 1995- 96; prescribe requirements and conditions for disbursement of appropriated funds; provide for severability; and provide for an effective date.

On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board adopted Resolution 95-694 of the Board of County Commissioners of Broward County, Florida to approve funding for non-profit and governmental organizations; adopt form contracts to be used for funding approved; provide for execution on behalf of the County by the County Administrator; provide for severability; and provide for an effective date.

OFFICE OF BUDGET AND MANAGEMENT POLICY - TRAVEL - COUNTY EMPLOYEES APPROVED AS AMENDED (128) On motion of Commissioner Hart, seconded by Commissioner Poitier and unanimously carried, the Board approved travel for county employees on the attached list in accordance with Administrative Order 105 as amended per staff's addendum.

Commissioner Cowan commented on three instances of people taking programs for Windows and Lotus, indicated that is offered in-house at no charge. He directed the County Administrator to report back why it was not done in-house.

OFFICE OF BUDGET AND MANAGEMENT POLICY - RESOLUTION 95-695 - TAW ENFORCEMENT TRUST FUND - ARCHITECTURAL AND ENGINEERING DESIGN AND PLANNING - SHERIFF'S "OPERATION BOOTSTRAP" BOOT CAMP PROGRAM - RESOLUTION 95-696 - CONSTRUCTION BUDGET - COUNTY CONTRIBUTION (129 A, B & C) A motion was made by Commissioner Poitier, and seconded by Commissioner Hart, that the Board adopt unanticipated revenue Resolution 95-695 within the Law Enforcement Trust Fund in the amount of $300,000 to provide fun ding for architectural and engineering design and planning for the Sheriff's "Operation Bootstrap" boot camp program; adopt unanticipated revenue Resolution 95-696 within the General Capital Outlay Fund in the amount of $300,000 to provide for architectura l and engineering design and planning for the initial "Operation Bootstrap" construction budget from the initial Sheriff's Office contribution from the Law Enforcement Trust Fund; and conceptually approve $2.0 million as the County contribution for the construction of Operation Bootstrap.

Commissioner Cowan stated that he supports the item, but he would like to ask the Commission Auditor to monitor this to see the current recidivism rate in bootcamp. He is aware there will be a proposal about "after bootcamp care." He stated that he needs a benchmark as to what the recidivism rate was in bootcamp without the "after care" so that two years after it goes to extended care he has a comparison.

Commissioner Hart stated that it is important for the commission to do an examination of what the recidivism rates have been of those classes of individuals prior to the bootcamp exposure and after that exposure.

Sheriff Ron Cochran commented that there is no well defined "after care" program. It has been an evolutionary process. Most of the after care in the present bootcamp has been through the efforts of the bootcamp staff. He stated that he has no problem with benchmark and comparison except that in this case it might be difficult because there are two dif ferent kinds of bootcamps, and he referenced the differences.

(Commissioner Hart left the meeting during discussion on this item.)

After discussion, the Chair called for a vote on the motion on items 129 A, B and C, which were unanimously carried. Further, the Board directed the Commission Auditor to monitor the recidivism rate in boot camp today, and to prepare a benchmark on the recidivism rate of boot camp without the after care, so that in the future the Board is able to determine if this is working. Also, prepare a recidivism rate on the same classes of individuals prior to the boot camp exposure and after that exposure.

(Commissioner Hart returned to the meeting room at this time.)

COUNTY ADMINISTRATOR - FLORIDA INTERNATIONAL TRADE MART INC. - CONCEPTUAL DESIGN PLANS - PROPERTY ADJACENT TO CONVENTION CENTER (130) The Board discussed the request by Florida International Trade Mart, Inc. ("FITMI"), for review by Broward County of "conceptual design plans" of a proposed development to be located on certain property adjacent to the Broward County Convention Center leased by FITMI from Broward County.

Commissioner Rodstrom stated that he was a member of the negotiation committee with Commissioner Gunzburger, and it seemed to him there would be a trade mart. The reason he was willing to negotiate with the principals was because a trade mart would be beneficial to tourism. It would increase hotel occupancy, and maybe give reason to expand the convention center. He stated that it would be as good as, if not better, than the hotel. Bearing that in mind, the county took back the four acres, and allowed the principals to go ahead and pursue the trade mart. Now it looks like there will not be a trade mart. He commented that according to the agreement ground must be broken by January 1, 1996.

Commissioner Rodstrom stated that a retail shopping area and commercial development of any kind does not follow same concept as the design of the convention center. Given the fact that this is port land and the county has given this group exclusivity, and since they are not going to build the trade mart, he thinks the exclusivity should end for development that involves retail, as proposed today.

In response to Commissioner Parrish's questions, Count y Attorney John J. Copelan Jr. responded that the lease provides for several things, stating that the building improvements can be used for trade mart, retail, recreation, parking, restaurant, and office facilities.

Commissioner Parrish stated that one of the comments made by Deputy County Attorney Noel Pfeffer from the beginning, because of the uniqueness and location of the property, it was intended to have a community and countywide benefit. There would be a rational nexus between the benefit and an entire Broward County community as opposed to just another strip center.

Commissioner Parrish asked if the Tourist Development Council (TDC) has taken a position on this issue, and have they always been involved in this type negotiation. County Administrator B. Jack Osterholt responded in the negative.

Commissioner Parrish stated that she likes the idea of the skywalk from the convention center over to the property so people would not get wet. She did not like the idea of the out parcel concept as a fast food restaurant. If it were a retail restaurant, such as a Cocowalk concept, she would want to see leases or something that showed it was not just an idea.

(Commissioner Hart left the meeting room at this time.)

Commissioner Cowan stated that there are a number of things he would like to see on the site. The office, retail, restaurant concept is probably one of those alternatives. He would be interested in knowing what type of restaurant the developer is considering and where the patrons would park. There are problems with drive-thru type restaurants because of stacking of cars on Eisenhower Boulevard.

Tom Ireland stated that his company is a principal in the corporation, which is the tenant on the county's 99 year lease, originally executed in the mid 1980's. Mr. Ireland reviewed the proposed uses of the land. He stated that the lease restricts the developer and states that he has to build a trade mart, retail, office, restaurant and/or any combination. It gives the landlord, the county, the right of conceptual design approval. He stated that they believe conceptual design approval does not have to do with the whole concept or the whole project but the conceptual design of the project.

Mr. Ireland commented that since the mid 80's the various entities he has been involved with have invested more than $4 million in the project and its infrastructure. Northport is subject to a development order covering the port parking garages, which they developed, the convention center, and the 4-acre hotel site, which the county has taken back. His companies have some of the port terminals, and all the common areas. The development order stated that the parking in the parking garage is for the benefit of everybody located within this complex.

Mr. Ireland stated that they must start development of this project by January 1, 1996 so they submitted conceptual plans for approval. After they walked those plans through the various departments at the city, who is responsible for enforcing the development order, zoning, etc. they were told their plans were fine; no easements were needed, and they met all the requirements of the development order. They then submitted those plans to the appropriate persons at the county and were told there was a parking problem. He indicated they are providing more parking as a component than any of the other components and relying less on the parking garage than anyone. They have three out lots, two of which show a drive-in on the property, which they have reduced to two out lots and will have no fast food or drive thru. They would be used for banks or restaurants of a non-McDonalds type operation. The balance of the project is a three-story Cocowalk type restaurant retail and office complex. The whole complex contains approximately 75,000 square feet. Under the development order they are allowed to build 300,000 square feet, which in their view was not realistic.

Mr. Ireland commented that they cannot keep coming back every two weeks with another plan hoping that they get conceptual approval. They are willing to make modifications to try and keep everybody happy. He intends to submit a modified plan this week, hopefully taking into consideration most of the comments. He stated that they have a lot of money and about nine years invested in this project. They want to build and they perceive they are within their rights in what the lease allows them to build.

County Administrator B. Jack Osterholt advised that staff has not seen this plan. The last thing the y saw was three fast food restaurants and a three-story strip shopping center, so this is all new to them. Secondly, they have no indication from the city that what Mr. Ireland says is correct or not correct. There may be a problem with easements in the back of the convention with refuse pickup. There are a lot of things about the project that are difficult, the least of which is a potential conflict with Chapter 380, which is now being raised at a couple of levels. Mr. Osterholt stated that he has been with this a long time, initially reviewing this at two levels as a DRI and there have been about five different proposals since that time. This is the signature piece of property in Broward County. Staff hopes that the developer spends a considerable am ount of time deciding exactly what they want it to look like. The Board extended the program with the idea of a trade mart that did not come to fruition. Now there is something significantly less, and staff has voiced its concerns to Mr. Ireland, who was upset because staff would not design his project for him. Commissioner Rodstrom stated that when he came on this committee, the firm was in default. They had not lived up to the terms of the agreement. They were delinquent in the monies it owed to the county, and at that point the county was entitled to end the project. The original hiring was because of an RFP process where the hotel plan had merits. They were able to convince the county of the idea of a trade mart, and for that reason the county agreed to certain set asides, set offs, and rents. He stated that there are a lot of things that need to be revisited before he would even conceptually approve something.

Commissioner Cowan asked Mr. Copelan if, under the terms of the existing agreement, he feels that the developer has the right to build, with the commissionersþ approval, office space with some retail and restaurant. Mr. Copelan responded that has been limited in paragraph 4.02(b) when it talks about the development rights, and the commission has instructed that tenants shall be entitled to construct such building improvements on the premises that are consistent with the DRI development order for the premises, provided however that such building improvements may only be used for trade mart, retail, recreation, parking, restaurant, and office facilities or pertinent facilities thereto.

Mr. Copelan stated that in exhibit 2, staff has given the standard for the review of what the commissioners are looking at conceptually. For the record, staff believes that the county is free to consider whether the general concept is acceptable or not. It is not a limited review for conceptual approval as Mr. Ireland suggested, that the commissioners have to only look to see if it is consistent with authorized uses, development order, and local zoning.

Commissioner Rodstrom stated that the trade mart was the cornerstone of this whole contract, and if that is taken away, you are left with the ancillary things that go along with it. The intent was never to go forward with the contract without the trade mart.

Commissioner Cowan responded that the language should have been included in the agreement. They should have said all those ancillary facilities are contingent upon a trade mart, but they did not do that. He thinks that the county is better off approving the concept of a combination of office space with retail and restaurant and tries and comes up with a reality build out of those type facilities that the county finds acceptable.

Mr. Osterholt stated that part of his comments were predicated on years of experience where conceptual approval turns into being used down the road to say they operated in good faith on the approvals given, and now the project has two fast food restaurants and strip shopping center, and it is keeping with the concept, and the county has to approve that.

Commissioner Cowan suggested that the county might be better off approving conceptually, and make sure the conceptual approval is done in writing, in such a manner that it would negate the ability for the developer to ever use that conceptual approval in the manner Mr. Osterholt suggested.

Commissioner Poitier stated that it was her understanding that this property would be a trade mart or used to enhance or enlarge the convention center. She commented that this has been worked on for seven years, and Mr. Ireland has six months to begin the project.

Mr. Ireland stated that he has some time constraints. He has to be under construction by January 1. They are already in a leasing and financing mode. He is willing to modify the project and resubmit plans which will still show a 75,000 square foot project, three stories, maybe two out lots, maybe one out- lot, no fast food, no drive thru's. He would lik e approval at this meeting on what he submitted, but if cannot get that, he will design something that perhaps meets some of the county's comments better. It is still a retail, office, restaurant complex. Mr. Ireland stated that they envision this much the same as Cocowalk, which has Two- To-Tango and Cheesecake Factory, and they are negotiating with those two entities. He stated that they have built 87 shopping centers in the last 35 years, most much larger than 75,000 square feet. He stated that he was not personally involved in any of the trade mart discussions because he is not a trade mart developer. He came back into the picture after the trade mart was no longer feasible between the parties in order to move forward with the project.

Commissioner Parrish stated that she will not approve a shopping center. She stated that the commissioners and staff are hesitant because all thought it would be a trade mart. Every time it is time to act on this project, somebody spins a new angle and presents conceptual things and other ideas that delay the process whereby the county does not have the option of saying go with what was negotiated.

Mr. Osterholt stated that even if the commissioners approve the concept at this time, this project has to come back to the commissioners. Also, there is an issue about the development order which may bring this project back under Chapter 380 since the county is the landowner. Staff has done nothing to impede Mr. Ireland from whatever is necessary. Commissioner Parrish asked for the last date that the county commission approved the last amended agreement as a result of negotiations. Noel Pfeffer, Deputy County Attorney, responded December 1993. Continuing her comments, Commissioner Parrish stated that was almost two years ago, and now less than five months prior to the expiration of that agreement, Mr. Ireland is before the Board and insinuates that they are denying conceptual approval.

Commissioner Rodstrom stated that during the last three or four months, the commissioners have asked Arthur Anderson to come back with the feasibility of a trade mart. No one told the county the trade mart was not going forward.

Commissioner Parrish stated that at this time she has no interest in amending the agreement, extending the agreement, or anything else. She will live up to the terms of the agreement. However, she shares Commissioner Rodstrom's concerns about the ancillary uses being able to stand on their own if the anchor is taken out of the agreement.

After considerable discussion, a motion was made by Commissioner Cowan, and seconded by Commissioner Poitier, that the Broward County Commission acknowledges that office, retail, and restaurant construction may be permissible under the terms of the agreement. The Broward County Commission reserves the right to approve or reject any conceptual design plans submitted or resubmitted on this property.

In response to Commissioner Thompson's question on this motion, Mr. Copelan stated that this reaffirms the commission's position, which is in the lease, as to what it will allow. Also, it identifies what has been presented at this meeting is not what is going to be approved. The motion does not approve anything at this time.

Mr. Pfeffer advised that the agreement states that the entire parcel must be substantially under construction 90 days after the developer gets his construction loan or December 31, 1995, whichever occurs first. He stated that substantially this means the entire parcel. The rent commences January 1, 1996.

After discussion, the Chair called for a roll call vote with members voting as follows:

Commissioner Cowan Yes Commissioner Parrish Yes Commissioner Poitier Yes Commissioner Thompson Yes Commissioner Rodstrom No

The Chair declared the motion carried.

COUNTY COMMISSION - RESOLUTION 95-697 - SUPPORT FOR NATIONAL ENDOWMENT FOR THE ARTS - PRESIDENT AND CONGRESS FOR SUPPORT (131) On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board adopted Resolution 95-697 of the Board of County Commissioners of Broward County, Florida, proclaiming its support for the National Endowment for the Arts and joining with the President and Congress in support of reauthorizing the National Endowment for the Arts for five years and proclaiming its support of continued appropriations at or above the current levels; providing for an effective date. Further, the Board directed the Chair to send a letter to the members of Congress and the Senate, who represent Broward County, and include a copy of the Economic Development Study and Report, that was prepared on the benefit of cultural activities to the economy of Broward County, so they can see it is a rational nexus.

COUNTY COMMISSION - COMMISSION ON THE STATUS OF WOMEN - APPOINTMENT - CYNTHIA JANE GRIFFITH (132) On motion of Commissioner Poitier, seconded by Commissioner Cowan and unanimously carried, the Board approved Commissioner Thompson's appointment of Cynthia Jane Griffith to the Commission on the Status of Women to replace Laura Epstein.

COUNTY COMMISSION - COMPLIMENT - JOHN E. TOUCHSTONE, PUBLIC WORKS DIRECTOR - "PLACING WOMEN IN NON-TRADITIONAL CAREERS" PROGRAM - 1995 NACO ACHIEVEMENT AWARD (137) Commissioner Parrish complimented John E. Touchstone, Public Works Director, for his "Placing Women in Non-Traditional Careers" program. She advised that the program was selected for the 1995 NACO Achievement Award for having shadowing, mentorship and internship programs to put women in non-traditional roles.

COUNTY COMMISSION - TRAVEL AUTHORIZED - COMMISSIONER PARRISH - INTERNATIONAL GAME FISH ASSOCIATION MEETING (138) Without objection, the Board authorized Commissioner Parrish to attend the meeting of the International Game Fish Association in Atlanta, Georgia, on August 17, 1995.

COUNTY COMMISSION - MEMORANDUM FROM COMMISSION AUDITOR - COUNTY'S CLAIM AGAINST SUNRISE - IMPROVEMENTS TO SUNRISE CIVIC CENTER/DAN PEARL SUNRISE BRANCH LIBRARY (139) Commissioner Parrish commented on a memorandum from Commission Auditor Norman W. Thabit dated August 3, 1995, on the county's claim against the city of Sunrise for the improvements to the Sunrise Civic Center/Dan Pearl Sunrise Branch Library, suggesting that the Board take legal action to collect $106,619.50 that the city owes the county. Commissioner Parrish suggested that Commissioner Rodstrom, since he is a former mayor in that city, sit down with Mayor Effman, or the city representatives, to see if this can be worked out.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved this suggested action.

There being no further business to come before the Board at this time, and on motion made, seconded and unanimously carried, the meeting adjourned at 12:50 p.m.

This meeting was recorded on cassette 95-76 A.

Meeting 2 PM

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Meeting of

August 8, 1995

A meeting of the Board of County Commissioners of Broward County, Florida was held in Room 422 of the Governmental Center, Fort Lauderdale, Florida, at 2:00 p.m., Tuesday, August 8, 1995, with the following members present: Commissioners John E. Rodstrom Jr., Vice Chair; Scott I. Cowan, John P. Hart, Lori N. Parrish, and Sylvia Poitier. Also present were County Administrator B. Jack Osterholt; County Attorney John J. Copelan Jr.; Commission Auditor Norman Thabit; and Deputy Dorothy J. O'Grady.

In the absence of the Chair, the Vice Chair presided over the meeting.

(Commissioner Gerald Thompson entered the meeting room as reflected in these minutes.)

PLEDGE OF ALLEGIANCE The Chair led in reciting the Pledge of Allegiance to the Flag.

COUNTY ADMINISTRATOR - LEGISLATIVE DELEGATION - SPONSOR LOCAL BILL TO ANNEX LANDS IN UNINCORPORATED COUNTY INTO DANIA - DEANNEX LANDS LOCATED WITHIN DANIA - DEFERRED FROM 10:00 A.M. MEETING (133) County Administrator B. Jack Osterholt advised that staff has been working diligently with the city of Dania in an attempt to put together what they think is a mutually beneficial proposal relating to the airport. He advised that this item is the result of the hard work of staff, the consultants, and the city. If there is a special session, a local bill can be presented, which may allow for the annexation and deannexation of properties that are mutually acceptable to both parties. The requested action would be to advertise in the eventuality that the governor calls a special session, and, in the meantime, to ask one of the delegation members to present the bill.

A motion was made by Commissioner Cowan, and seconded by Commissioner Parrish, that the Board request the Broward County Legislative Delegation to sponsor a local bill at the earliest opportunity to annex certain lands located in unincorporated Broward County into the city of Dania; deannex certain lands previously located within the city of Dania; providing for Bro ward County's exclusive jurisdiction over the Airport as between Broward County and the city of Dania.

George Spofford, Aviation Department Director, advised that the lands being discussed are Secret Woods, a portion of Marina Mile west of Secret Woods, and a couple of small parcels in the south side of Dania. These are the same parcels that were discussed approximately one year ago. They would all be submitted back to the commission. No action would be taken other than an advertisement.

Commissioner Parrish stated that it has been her understanding that the county commission, as a philosophy, always supported the annexation of all the unincorporated areas into a municipality of both sidesþ choice. However, the commissioners have never supported forced annexation of any kind, and did not get involved in those kinds of disputes. She asked if this agenda item would maintain a consistency in the commissionersþ philosophy or are they infringing on municipality or private property owners rights.

Mr. Spofford responded that this agenda item is not specific with regard to parcels. Should the county commission or the Dania commission not concur in the parcels that are resolved in staff negotiations, then that would be the end of it.

Mr. Osterholt responded that this allows the staffs to prepare for the possibility that the two commissions may concur on a settlement agreement for this activity.

Commissioner Parrish asked if this would have a negative impact on property owners if they disagree with this decision on the part of two commissions. Mr. Osterholt responded the commissioners would have to make that decision when the proposal comes before the Broward County Commission.

After discussion, the Chair called for a vote on this item, which was unanimously carried.

PUBLIC HEARING - PROOF OF PUBLICATION - PUBLIC HEARING OPENED By unanimous consent, the Chair directed the Clerk to file proof of publication of this day's public hearings and opened the public hearings.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY DIVISION - RESOLUTION 95-698 - VACATION OF ROAD R/W - PEMBROKE PINES - PETITIONER: ENGLE HOMES/PEMBROKE INC. 19-V-95 (1) It now being the time advertised to hold a public hearing to consider adoption of Resolution 95- 698 to vacate and abandon road rights-of-way, lying and being in Broward County, Florida, and is located east of I-95, north of Pines Boulevard, west of Flamingo Road and south of Sheridan Street in the City of Pembroke Pines. Petitioner: Engle Homes/Pembroke Inc. (Berry & Calvin - Agent) 19- V-95, the Chair called for interested persons to be heard.

There being no objections or complaints, and on motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board adopted this resolution.

PUBLIC WORKS DEPARTMENT - REAL PROPERTY DIVISION - RESOLUTION 95-699 - EXCHANGE OF PROPERTY - PULTE HOME CORPORATION - QUITCLAIM DEED - ACCEPT AND RECORD DRAINAGE EASEMENT (2) It now being the time advertised to hold a public hearing to consider adoption of Resolution 95- 699 authorizing the exchange of property with Pulte Home Corporation in accordance with the provisions of Section 125.37 of the Florida Statutes; authorize Chair and Clerk to execute a quitclaim deed; and authorize acceptance and recordation of drainage easement, the Chair called for interested persons to be heard.

There being no objections or complaints, and on motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board adopted this resolut ion.

DEPARTMENT OF NATURAL RESOURCE PROTECTION - BIOLOGICAL RE SOURCES DIVISION - RESOLUTION 95-700 - CORRECT AND AMEND RESOLUTION 89-4545 SITES 26 AND 37 - NRA DESIGNATED LIST (3) It now being the time advertised to hold a public hearing to consider adoption of Resolution 95- 700 of the Board of County Commissioners of Broward County, Florida, correcting and amending Resolution 89-4545 which designated Natural Resource Areas; correcting the folio number of Site 26; deleting the parcel known as Folio Number 48-42-21- 00-025 from Site 37 from the NRA designated list and from Exhibit A; providing for inclusion of this Resolution and an amended map in the Broward County Administrative Code; providing for recordation of this Resolution and amended map in the public records of Broward County; providing for an effective date, the Chair called for interested persons to be heard.

There being no objections or complaints, and on motion of Commissioner Poitier, seconded by Commissioner Cowan and unanimously carried, the Board adopted this resolution.

COMMUNITY SERVICES DEPARTMENT - CONSUMER AFFAIRS DIVISION - FILE PROOF OF PUBLICATION - PUBLIC HEARING - ISSUANCE OF 12 ADDITIONAL TAXICAB PERMITS AND 6 ADDITIONAL LIMOUSINE PERMITS - RESOLUTION 95-701 - NOTICE OF PUBLIC HEARING - DRAWING TO AWARD NEW PERMITS (4 A, B, C) On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board filed proof of publication of a public hearing to consider whether the issuance of 12 additional taxicab permits should be authorized.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board filed proof of publication of a public hearing to consider whether the issuance of six additional limousine permits should be authorized.

It now being the time advertised to hold a public hearing to adopt Resolution 95-701 directing the County Administrator to publish notice of public hearing to be held on Tuesday, October 10, 1995 at 2:00 p.m. in Room 422 of the Broward County Governmental Center, for the purpose of holding a drawing to award new taxicab and/or limousine permits to applicants, the Chair called for interested persons to be heard.

There being no objections or complaints, a motion was made b y Commissioner Parrish, and seconded by Commissioner Poitier, that the Board adopt this resolution.

Commissioner Poitier stated that she has received calls from people asking how to be notified of this drawing.

Stanley Kaufman, director, Consumer Affairs Division, advised that notices are sent out to all persons who are registered with his division. An announcement of the public hearing is published. Anyone who is interested in obtaining these permits had to file by the end of May to qualify for the lottery. The next opening period would be April and May of 1996.

After discussion, Commissioner Parrish suggested that the commission direct the County Administrator to find additional money within the budget to allow the division to put in additional informal advertising giving the time period and requirements on filing for next year, that this be done approximately six weeks prior to the opening the filing period, and that this be advertised in the Westside Gazette and the Broward Times.

(Commissioner Thompson entered the meeting room at this time.)

George Snyder reminded the Board that several years ago Jessie Gaddis promised to put 10 accessible taxis in service. He asked if the Board would consider the use of accessible cabs for the lottery, and require that a certain percentage be accessible cabs and be operated as such. Commissioner Poitier responded that if that was done, only Mr. Gaddis would be eligible for the 12 licenses.

Commissioner Cowan commented that he asked administration about this several months ago. County Administrator B. Jack Osterholt responded that at that time they were working with the Easter Seal Foundation to put accessible taxis as a big part of the fleet and trying to offset the cost, because there is a significant additional cost to the taxicab owner for an accessible cab. Staff has not given up on the prospect of working with Mass Transit to get the federal government into a demonstration program to pick this as the first county in the country to put broad based accessible taxis in service.

Commissioner Parrish stated that she and Commissioner Poitier were on the selection/negotiation committee for paratransit and one of the questions were how many accessible taxis the company had. Later it was discovered tha t an accessible cab received a limited number of calls, and, in fact, the majority of the time those cabs were transporting just as any other cab.

After discussion, the Chair called for a vote on the motion, which was unanimously carried.

ORDINANCE 95-35 - SCHOOL SPEED LIMIT DESIGNATION ZONES - ENACTED (5) It now being the time advertised to hold a public hearing to consider enactment of an ordinance, the substance of which is as follows:

"AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING SECTION 23-6, BROWARD COUNTY CODE; PROVIDING FOR SCHOOL SPEED LIMIT DESIGNATION ZONES ON STREETS NOT NECESSARILY ADJACENT TO SCHOOLS; PROVIDING THAT BOTH PUBLIC AND PRIVATE SCHOOLS WITH ELEMENTARY, MIDDLE AND HIGH SCHOOL GRADES BE ELIGIBLE FOR SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE."

(Sponsored by the Board of County Commissioners)

There being no objections or complaints, and on motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board enacted Ordinance 95 -35 to be effective as provided by law.

ORDINANCE 95-36 - PICKETING, DISTRIBUTION OF LITERATURE, OR SOLICITA TION OF FUNDS AT FLHIA - ENACTED - RESOLUTION 95-702 - AMENDING SECTION 2624 ADMINISTRATIVE CODE - SETTLEMENT - CASE JEWS FOR JESUS INC. ET AL. (6 A, B, C) It now being the time advertised to hold a public hearing to consider enactment of an ordinance, the substance of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMIS SIONERS OF BROWARD COUNTY, FLORIDA, AMEND ING THE BROWARD COUNTY CODE OF ORDINANCES RELATING TO PICKETING, DISTRIBUTION OF LITERA TURE, OR SOLICITATION OF FUNDS AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIR PORT; REPEALING DIVISION 3, SECTIONS 2-80 THROUGH 2-89; CREATING A NEW DIVISION 3, PICKET ING OR DISTRIBUTION OF LITERATURE; PROVIDING FOR IMMEDIATE REGISTRATION; PROVIDING FOR PROCEDURES IF REGISTRATION IS REVOKED OR DENIED; ESTABLISHING REGISTRATION PROCEDURES; PROVIDING FOR LIMITATIONS ON ACTIVITIES, NUM BER OF REGISTRANTS TO BE AUTHORIZED TO CON DUCT ACTIVITIES AT ONE TIME, AND LOCATIONS AVAILABLE FOR PICKETING OR DISTRIBUTION OF LITERATURE; CREATING DIVISION 3" OF CHAPTER 2, ARTICLE III, ESTABLISHING RULES REGULATING THE SOLICITATION OF FUNDS AT THE FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT PURSUANT TO SECTION 496.425, FLORIDA STATUTES; PROVIDING FOR THE ISSUANCE OF A PERMIT; PROVIDING FOR PROCEDURES IF A PERMIT IS REVOKED OR DENIED; ESTABLISHING PERMITTING PROCEDURES AND ESTABLISHING INTERVALS WITHIN WHICH ACTIVI TIES WILL BE PERMITTED; PROVIDING FOR LIMITA TIONS ON ACTIVITIES, NUMBER OF PERMITS TO BE ISSUED AT ONE TIME, AND LOCATIONS AVAILABLE FOR SOLICITATION OF FUNDS; PROVIDING FOR SEV ERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

There being no objections or complaints, and on motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board enacted the ordinance to be effective as provided by law.

On motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board adopted Resolution 95-702 amending Section 26.24, Part III, Picketing, Distribution of Literature, or Solicitation of Funds at Fort Lauderdale- Hollywood International Airport of the Broward County Administrative Code.

After discussion, and on motion of Commissioner Parrish, seconded by Commissioner Poitier and unanimously carried, the Board approved full and final settlement of attorneysþ fees and costs in the case Jews for Jesus, Inc., et al. V. Br oward County Aviation Department, et al., Case No. 94-7249-CIV- ZLOCH, in the amount of $46,000.

AVIATION DEPARTMENT - RESOLUTION 95-703 - AMEND ADMINISTRATIVE CODE SCHEDULE OF RATES, FEES AND CHARGES - PUBLIC PARKING - FLHIA - COURTESY PARKING FOR DISABLED AND OTHERS - APPROVED AS AMENDED (7) It now being the time advertised to hold a public hearing to consider adoption of Resolution 95- 703 amending Chapter 39 of the Broward County Administrative Code to revise the schedule of rates, fees and charges for the public parking rates for Fort Lauderdale- Hollywood International Airport, amending the courtesy parking provisions for the disabled and others, and deleting the $30.00 monthly fee cards, as amended per staff's addendum, the Chair called for interested persons to be heard.

The following persons appeared concerning this resolution: John Garon, President, Broward Independent Living Center, stated he does not oppose the possible charging of fees, his main problem is getting into the airport because he cannot pull the ticket out of the dispenser. He has suggested to airport representatives that they either have a double sided ingress/egress booth so people in his situation can have the ticket dispensed for them or else have bar coding on the side of the vehicle.

George Spofford, Aviation Department Director, stated that the department is going to larger tickets, but he is not sure it will solve this person's problem. He advised that Ron Gardner is working on a toll with bar code stickers, which would eliminate dispensing the ticket and raising the gate. However, since they may not have a data bank, they may have to use the Florida Turnpike Authority or the Department of Transportation's data bank for the people who are registered.

Gale Fox, Senior Client Advocate at the Advocacy Center for Persons with Disabilities, and member of the Advisory Board for Persons With Disabilities, stated that this policy is an attempt to reduce the abuse afforded disabled individuals by reducing the benefits, and th is policy trend is wrong. He commented that this is a clear case of despaired treatment with persons with disabilities, and divides the disabled community by claiming one group is in greater need than another. It is a violation of the ADA to impose eligibility criteria, which tends to screen out classes of individuals with disabilities from fully enjoying any service unless it can be shown as necessary for the provision for that service.

Commissioner Cowan stated that there are individuals, with a disabled sticker on their car, who take flights without the disabled person. They use the car and do not pay the parking fee. The frustrations and the problems that have precipitated this change are the fragrant abuse of disabled stickers by people who should not be using them for free parking. Commissioner Parrish stated that a person with a disabled sticker will still have a disabled parking spot to park in, but they will pay. The ADA provides for equal access and does not say free or something else; it says everybody is to be treated the same. The difference is that the county realizes that there are specially equipped vehicles for people who have unique needs. The county does not debate the ability of those people because they tend to be the drivers .

Dana Buker, Broward County ADA Coordinator, stated that this is different treatment based upon disability, and he disagrees with Mr. Fox that this is a violation of Title II of ADA law. An example would be the Florida Turnpike toll exemption. They are treating people using the turnpike differently on the basis of disability. If you have upper mobility problems you pass through the toll area and do not pay because that person cannot turn in the money. He commented that the county is saying that everyone will pay except those people with upper mobility problems. An individual with a specialized vehicle does not have the same opportunity to get a taxi or have someone else drop them off. Their main method of getting to and using the airport parking f acility is by bringing their own vehicle. For those people in that situation, because of the specialized nature of their own vehicles, they are going to be exempted from the paying provision. He stated that the Turnpike system of toll exemption has been in place for a number of years and he does not think it has been challenged.

Bill Norkunas, Director of Disabled Assisting the Disabled (D.A.D), stated that the Board cannot vote to eliminate free parking for the disabled at the airport because of the la ws of the state of Florida, specifically Florida statute 316.1964. He commented on past actions taken by the County Attorney's Office relative to charging the disabled to park at the airport. He stated that the county cannot allow certain disabled persons to park free and charge others.

George Snyder stated that in preparation for this day's hearing he conducted an inspection at the airport and commented on conditions relative services for the disabled. A copy of Mr. Snyder's statement is filed in the supplemental papers of this meeting.

Randy Young, Chairman of the Advisory Board for Persons with Disabilities, stated that they support staff's recommendation. He stated that to him it is not a fee issue. He needs his car to get to the airport and he needs a parking space when he gets there. This resolution will eliminate a lot of people using those parking spaces in the garage, and he will have a better chance of parking his car.

Fred Shotz, advocacy person for the Florida Paraplegic Association, commented that the Turnpike toll is not an exemption. If a person applies, they are given documents to pay their turnpike tolls by mail. The exemption exists because people cannot safely take their hand off their hand control at a toll booth. They are asked to voluntarily comply and pay their tolls. This is a public safety issue, but the airport parking is not, and to compare the two is to compare apples and oranges. Mr. Shotz commented on a fax he received from Dan Murphy, Vice Chairman of the Advisory Board for Persons with Disabilities, who described his attempt to contact airport personnel, in accordance with airport directives; his extended, futile, waiting period; and his resulting withdrawal of support for this resolution. Mr. Shotz stated that an appropriate solution would be to use the revenues raised at the airport by persons with disabled permits to provide ground transporta tion services so the disabled can leave their cars home.

Conrad Walters, an advocate for the blind community, stated that this resolution does not make allowances for blind people who are dependent upon a spouse or a friend getting them to and from the airport. Some blind people need an attendant to go places by air because they are not capable of traveling alone.

Julie Shaw, Government Relations Director, representing the Paralyzed Veterans Association of Florida, Inc., stated that the proposed resolution addresses the only area where no mater what plan is implemented at the airport to provide accommodations there will remain an area of inequity, and that is ground transportation to the airport. People with electric wheelchairs are not able to get to the airport as others do, and as a result they are forced to take the vehicle and pay the cost. She reviewed a portion of the ADA law referencing . . . "that nothing prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities or to a particular class of individuals with disabili ties beyond those required by this part." For those reasons, Ms. Shaw advised that they endorse the resolution.

A motion was made by Commissioner Parrish, and seconded by Commissioner Cowan, that the Board adopt this resolution as amended per staff's addendum.

Commissioner Cowan suggested that if the department is accurate in anticipating that it will receive in excess of $500,000 in additional parking revenue, then that would provide dollars to solve the problem of people who cannot use the ticket spitter. He wants to find a solution, even if it is having a person on call.

Commissioner Parrish stated that Dan Bassin, Treasurer of Griffin Road 345 Property Owners, called her indicating that disabled people should have designated parking spaces at the airport, but should pay for parking. Also, Helen Bergio called in support of the amendment. She has a letter from the Advisory Board for Persons with Disabilities supporting this resolution. Michael Smith wants it to be modified and extend the prohibition, but basically he agrees with the resolution.

Commissioner Poitier stated that there are Broward Sheriff Office people at the airport and those persons needing assistance should tell one of those people.

Commissioner Thompson made an amendment to the motion so that the funds derived from this change in the parking rates go into a fund devoted to trying to improve access for disabled people. The motion died for lack of a second.

Commissioner Parrish commented that she supports, as she thought the other commissioners agreed, Comm issioner Cowan's suggestion that since there was additional revenue within the Aviation Department, they should make sure at least a portion of that money is used to purchase necessary equipment to make the facilities more accessible. Also, to take into consideration Commissioner Poitier's suggestion, which is a cost-effective one. County Administrator B. Jack Osterholt asked Mr. Spofford if he had any outstanding ADA issues at the airport. Mr. Spofford responded that they are getting ready to select the consultant to do the survey. He is not personally aware of there being anything identified at this point as an ADA violation. There are areas, such as the restrooms, that will be resolved and will come out of the survey.

Mr. Buker stated that they have no violations per se. They have a very large transportation facility and to be made accessible is extremely complex. Further, the airport has been one of the best divisions in the entire county with the amount of money and time that they have put into accessibility. Hiring an outside consultant to come in and take into consideration the hire level issues, such as complex communications issues for the hearing impaired, and things that the county staff is not equipped to identify.

After discussion, the Chair called for a vote on the motion, which was unanimously carried.

There being no further business to come before the Board at this time, and on motion made, seconded and unanimously carried, the meeting adjourned at 3:30 p.m.

This meeting was recorded on cassette 95-76 B.