January 26, 1993

Meeting 10 AM

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Meeting of

January 26, 1993

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 a.m., Tuesday, January 26, 1993, with the following members present: Commissioners Sylvia Poitier, Vice Chair; Scott I. Cowan, Suzanne N. Gunzburger, John P. Hart, Lori N. Parrish, and John E. Rodstrom, Jr. Also present were County Administrator B. Jack Osterholt; County Attorney John J. Copelan, Jr.; Commission Auditor Norman Thabit; and Deputy Marilyn DeCosta.

(In the absence of the Chair, Commissioner Sylvia Poitier, Vice Chair, chaired the meeting.)

INVOCATION Rabbi Harold Richter, Chaplain of the Jewish Federation of South Broward, gave the invocation.

PLEDGE OF ALLEGIANCE Mayor Frank Veltr i, city of Plantation, led in reciting the Pledge of Allegiance to the Flag.

PROCLAMATION - MARCH 3, 1993 DESIGNATED "A. QUINN JONES DAY" (65) Commissioner Gunzburger, at Commissioner's Parrish's request, read into the record a Proclamation designating March 3, 1993 as "A. Quinn Jones Day" in Broward County, Florida, and recognizing his accomplishments and achievements in the Florida educational system. Mr. Jones will be celebrating his 100th birthday on March 3.

The Proclamation was accepted by Mr. Jones' family.

PROCLAMATION - MARCH 14 THROUGH 20, 1993 DESIGNATED "IRISH WEEK" (66) Commissioner Rodstrom read into the record a Proclamation designating the week of March 14 through 20, 1993 as "Irish Week" in Broward County, Florida.

The Proclamation was accepted by Connie Davis, representing Merv Griffin Entertainment.

PROCLAMATION - JANUARY 29, 1993 DESIGNATED "TURKISH APPRECIATION DAY" (67) Commissioner Poitier noted for the record that she will be presenting a Proclamation to T urgut Ozal, president of Turkey, at a luncheon to be held on January 29, 1993; the Proclamation designates January 29, 1993 as "Turkish Appreciation Day" in Broward County, Florida.

For informational purposes.

AVIATION DEPARTMENT - RESOLUTION 93-44 - CONVEYING 1992 AIRCRAFT FIRE RESCUE VEHICLE TO PEMBROKE PINES - NORTH PERRY AIRPORT (1) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 93-44 conveying a 1992 Aircraft Fire Rescue vehicle from Broward County to the city of Pembroke Pines for use at North Perry Airport, and authorized the necessary legal and administrative action for implementation.

AVIATION DEPARTMENT - RESOLUTION 93-45 - BUDGET TRANSFER - HONOR COMMITMENTS MADE UNDER AMENDMENT NO. 4 TO AIRLINE-AIRPORT LEASE AND USE AGREEMENT - USAIR INC. (2) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted budget resolution 93- 45 transferring within the Aviation Department the amount of $816,980 from the Aviation Discretionary Reserve to enable County to honor commitments made under Amendment No. 4 to the Airline- Airport lease and use agreement between Broward County and USAir Inc., dated November 10, 1992.

PUBLIC WORKS DEPARTMENT - OFFICE OF CONSTRUCTION AND GENERAL SERVICES - FACILITIES MANAGEMENT DIVISION - RESOLUTION 93-46 - TWO YEAR LEASE - EMERGENCY SERVICES DIVISION, FIRE STATION 34, POMPANO BEACH (3) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 93-46 accepting two- year lease for Emergency Services Division, Fire Station 34, 2100 South State Road 7, Pompano Beach, Florida; $3,500 annual rent; Landlord: Bailey Road Volunteer Fire Department Inc.; Term of Lease: September 30, 1992 through October 1, 1994; and authorized the Chair and Clerk to execute same.

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - SATISFACTION OF CLAIM OF LIENS - UNPAID WATER OR SEWER OR WATER AND SEWER CHARGES (4) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized execution of satisfaction of claim of liens to release liens recorded for unpaid water or sewer or water and sewer charges.

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - WATER SUPPLY & WASTEWATER MANAGEMENT DIVISION - 5 PERCENT INCENTIVE PAY DIFFERENTIAL FOR ASSISTANT CHIEF PLANT OPERATOR CLASSIFICATION - ADVANCED "A" PLANT OPERATOR'S CERTIFICATE (5) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a 5 percent incentive pay differential for the Assistant Chief Plant Operator classification (Class Code N7334) for documented possession of an advanced "A" Plant Operator's certificate as issued by the State of Florida in either Water or Wastewater Treatment.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - EASEMENT AGREEMENT - EDDIE STOVEALL & ERNESTINE STOVEALL - PURCHASE OF PARCEL 9 AND 9TCE ALONG NORTHWEST 31 AVENUE, PROJECT 5106 (6) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved an easement agreement executed by Eddie Stoveall and Ernestine Stoveall in the amount of $1,500 for the purchase of a parcel needed for a sidewalk, Parcel 9 and 9TCE, along Northwest 31 Avenue (Broward Boulevard - Northwest Fifth Court), Project 5106; authorized the Chair and the Clerk to execute easement agreement; and authorized acceptance and re cordation of easement.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTION 93-47 - ACCEPTING ROAD EASEMENT - VIRGA KEMP & AZALENE KEMP - R/W FOR NORTHWEST EIGHTH STREET (7) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board adopted Resolution 93-47 accepting a road easement executed by Virga Kemp and Azalene Kemp, donating right-of-way for Northwest Eighth Street in Section 5, Township 50 South, Range 42 East.

PUBLIC WORKS DEPARTMENT - OFFICE OF TRANSPORTATION - ENGINEERING DIVISION - RESOLUTIONS - ACCEPTING WARRANTY DEEDS, ROAD EASEMENT, & UTILITY EASEMENTS - NEWBON LAND PARTNERS, LTD. - DONATING VARIOUS RIGHTS-OF-WAY - DEFERRED TO FEBRUARY 2, 1993 (8 A-E) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board deferred consideration of adoption of the following to February 2, 1993 for further staff coordination: Resolution accepting a warranty deed executed by Newbon Land Partners, Ltd., donating right-of-way for West Mall Road, Racquet Club Road, Saddle Club Road, Bonaventure Boulevard and Blatt Boulevard in Sections 5 and 8, Township 50 South, Range 40 East; Resolution accepting a warranty deed executed by Newbon Land Partners, Ltd., donating right-of-way for Blatt Boulevard in Section 5, Township 50 South, Range 40 East; Resolution accepting a road easement executed by Newbon Land Partners, Ltd., donating right-of-way for Bonaventure Boulevard and Saddle Club Road in Sect ions 5 and 8, Township 50 South, Range 40 East; Resolution accepting a utility easement executed by Newbon Land Partners, Ltd., donating right-of-way for Blatt Boulevard and Weston Road in Section 5, Township 50 South, Range 40 East; and Resolution accepting a utility easement executed by Newbon Land Partners, Ltd., donating right-of-way for West Mall Road in Section 6, Township 50 South, Range 40 East.

OFFICE OF INTEGRATED WASTE MANAGEMENT - SOLID WASTE OPERATIONS DIVISION - EASEMENT AGREEMENT - SUNRISE - ACCESS TO FLOW METER - LEACHATE FORCE MAIN AT DAVIE LANDFILL (9) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved execution of an easement agreement between the city of Sunrise and Broward County for access to a flow meter for the Leachate Force Main at Davie Landfill.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - TRI-PARTY AGREEMENT - FORT LAUDERDALE - PERFORMING ARTS CENTER AUTHORITY - FILE PACA GENERAL PURPOSE FINANCIAL STATEMENTS AND SUPPLEMENTARY SCHEDULE, ETC. (10 A & B) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved tri-party agreement between Broward County and the city of Fort Lauderdale and Performing Arts Center Authority and authorized the Chair and the Clerk to execute same; and filed Broward Performing Arts Center Authority General Purpose Financial Statements and Supplementary Schedule September 30, 1992 and 1991 together with the report of Independent Certified Public Accountants.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - COUNTY RECORDS DIVISION - MINUTES - APPROVED (11) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the minutes of the Commission meeting of December 22, 1992 and the zoning public hearing of December 22, 1992.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PERMISSION GRANTED - DISPOSE OF EQUIPMENT DECLARED SURPLUS BY VARIOUS COUNTY AGENCIES (12) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board granted permission to the Purchasing Division to dispose of equipment declared surplus by various county agencies in accordance with applicable Florida State Statute and the Purchasing Division Internal Control Handbook, Chapter 6.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PERMISSION GRANTED - DISPOSE OF EQUIPMENT DECLARED SURPLUS BY OFFICE OF INFORMATION TECHNOLOGY (13) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board granted permission to the Purchasing Division to dispose of equipment declared surplus by the Office of Information Technology in accordance with applicable Florida State Statute and the Purchasing Division Internal Control Handbook, Chapter 6.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PERMISSION GRANTED - DISPOSE OF COMPUTER EQUIPMENT DECLARED SURPLUS BY CLERK OF COURT - WITHDRAWN (14) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board withdrew for further study the granting of permission to the Purchasing Division to dispose of computer equipment declared surplus by the Clerk of Court in accordance with applicable Florida State Statute and the Purchasing Division Internal Control Handbook, Chapter 6.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PERMISSION GRANTED - DISPOSE OF BOATS DECLARED SURPLUS BY PARKS AND RECREATION DIVISION (15) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board granted permission to Purchasing Division to dispose of boats declared surplus by the Parks and Recreation Division in accordance with applicable Florida State Statute and the Purchasing Division Internal Control Handbook, Chapter 6.

FINANCE AND ADMINIST RATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - RELEASE OF RETAINAGE AND FINAL PAYMENT - AKERBLOM CONTRACTING, INC. - CONSTRUCTION OF LS 10A, BCOES PROJECT 8067 (17) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved release of retainage and final payment in the amount of $7,600 to Akerblom Contracting, Inc. for the construction of LS 10A under contract P-07-91-35-OF; BCOES Project 8067.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - AVIATION DEPARTMENT - WORK AUTHORIZATION 2 - INTERNATIONAL TECHNOLOGY, INC. - OLD NAVY DUMP - FL-HIA (18) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Work Authorization 2 between Broward County, Florida and International Technology, Inc. in the amount of $9,559.80 (increasing the contract total amount to $11,942.30) in accordance with the agreement for assessment of contamina-tion by petroleum or other hazardous materials. This work authorization is a continuation of the project for the parcel known as the Old Navy Dump, located at the Fort Lauderdale/Hollywood International Airport.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - REVENUE COLLECTION DIVISION - TABULATION OF INVESTMENTS - NOVEMBER AND DECEMBER 1992 (19) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Tabulation of Investments for the months of (A) November 1992 and (B) Decem ber 1992.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - RISK MANAGEMENT DIVISION - FILE NOTICES OF CLAIM (20) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed Notices of Claim on the following: Jack and Joanne Shultz.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - RISK MANAGEMENT DIVISION - FULL AND FINAL SETTLEMENT - CLAIM DNT/080291REYN (21) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board authorized full and final settlement of Claim DNT/080291REYN in the amount of $50,000.

HUMAN SERVICES DEPARTMENT - AGREEMENT - SUNSHINE HEALTH CENTER INC. -CASE MANAGEMENT SERVICES - RYAN WHITE C.A.R.E. ACT FISCAL YEAR 1992 FORMULA FUNDS (22) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved agreement between Broward County and Sunshine Health Center Inc. to provide case management services under Ryan White C.A.R.E. Act Fiscal Year 1992 Formula funds in the amount of $32,211 from December 1, 1992 to November 30, 1993, and authorized the Chair and the Clerk to execute same.

HUMAN SERVICES DEPARTMENT - AGREEMENTS - NORTH BROWARD HOSPITAL DISTRICT - PROVIDE SERVICES UNDER RYAN WHITE C.A.R.E. ACT FUNDING (23) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved agreements between Broward County and North Broward Hospital District to provide services under Ryan White C.A.R.E. Act funding, and authorized the Chair and the Clerk to execute same.

HUMAN SERVICES DEPARTMENT - AGREEMENTS - HRS - PROVIDE SERVICES UNDER RYAN WHITE C.A.R.E. ACT FUNDING (24) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved, as amended as follows, agreements between Broward County and Department of Health and Rehabilitative Services/Broward County Public Health Unit to provide services under Ryan White C.A.R.E. Act funding, and authorized the Chair and the Clerk to execute same: Amend Exhibit A as recommended by the Commission Auditor to include additional requirements of the provider for the following agreements - Pharmaceuticals; Pharmaceuticals (Pediatrics); and Medical Treatment and Diagnostics.

HUMAN SERVICES DEPARTMENT - PRIMARY HEALTH CARE DIVISION - AGREEMENT - IMAGING HEALTH SERVICES, P.A. - RADIOLOGICAL SERVICES (25) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved, as amended as follows, agreement between Broward County and Imaging Health Services, P.A. for the period October 1, 1991 through September 30, 1994, in the maximum annual amount of $19,000 to purchase radiological services for Broward County residents; and authorized the Chair and the Clerk to execute same: Include the Commission Auditor's recommendation regarding Section 3(b), Compensation.

COMMUNITY SERVICES DEPARTMENT - BUILDING & PERMITTING DIVISION - INTERLOCAL AGREEMENT - HILLSBORO BEACH - INSPECTION AND/OR BUILDING OFFICIAL SERVICES (26) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved an interlocal agreement between Broward County and the Town of Hillsboro Beach to provide the Town of Hillsboro Beach inspection and/or Building Official services to be performed by the Broward County Building and Permitting Division from October 1, 1992 to September 30, 1993, and authorizeD the Chair and Clerk to execute same.

COMMUNITY SERVICES DEPARTMENT - CULTURAL AFFAIRS DIVISION - FILE AGENDAS AND MINUTES OF VARIIOUS MEETINGS - SOUTH FLORIDA CULTURAL CONSORTIUM (27) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed a copy of the agendas and minutes of the March 23, May 27, June 18, and November 13, 1992 meetings of the South Florida Cultural Consortium in accordance with Section 19 of the Interlocal Agreement.

COMMUNITY SERVICES DEPARTMENT - LIBRARIES DIVISION - FILE UNAUDITED ANNUAL FINANCIAL STATEMENT - FRIENDS OF THE BROWARD COUNTY LIBRARY, INC. - PHOTOCOPY MACHINES IN LIBRARIES (28) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed an unaudited annual financial statement submitted by the Friends of the Broward County Library, Inc. for the period October 1, 1991 to September 30, 1992, as provided for in the second amendment to the revocable license agreement between Broward County and the Friends of the Broward County Library, Inc. for placement of photocopy machines in libraries.

COMMUNITY SERVICES DEPARTMENT - LIBRARIES DIVISION - STATE AID AGREEMENT - DEPARTMENT OF STATE, DIVISION OF LIBRARY INFORMATION SERVICES - AID TO BROWARD COUNTY LIBRARIES DIVISION (29) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved State Aid Agreement between Broward County and the State of Florida, Department of State, Division of Library and Information Services for aid to Broward County Libraries Division in the am ount of $2,320,807 for FY 1993 (October 1, 1992 to September 30, 1993) and authorized the Chair and Clerk to execute same.

COMMUNITY SERVICES DEPARTMENT - MASS TRANSIT DIVISION - FIRST AMENDMENT TO INTERLOCAL AGREEMENT - FORT LAUDERDALE - DOWNTOWN DEVELOPMENT AUTHORITY - FUNDING OF DOWNTOWN TRANSIT SYSTEM (30) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved the first amendment to the interlocal agreement between Broward County, the city of Fort Lauderdale, and the Downtown Development Authority of the city of Fort Lauderdale for funding of the downtown transit system providing funding in the amount of $75,000 from the city of Fort Lauderdale for FY 92-93 and $75,000 from Broward County for FY 92-93, with FY 93-94 funding from both the city of Fort Lauderdale and Broward County contingent upon the budgetary decisions of the governing bodies of each entity; the Downtown Development Authority agreeing to contribute the balance of operating funding in both FY 92-93 and FY 93-94, extending the term of the agreement from January 30, 1993 to September 30, 1994, and authorized the Chair and the Clerk to execute same.

DEPARTMENT OF NATURAL RESOURCE PROTECTION - GRANT APPLICATION - U.S.E.P.A. - ENVIRONMENTAL EDUCATION (31) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved a grant application to the United States Environmental Protection Agency (U.S.E.P.A.) in the amount of $34,659 for environmental education and authorized the County Administrator to take the necessary administrative and budgetary action to execute the grant. GREATER FORT LAUDERDALE CONVENTION & VISITORS BUREAU - AGREEMENT - INTERNATIONAL SWIMMING HALL OF FAME (32) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved agreement between Broward County and the International Swimming Hall of Fame in an amount not to exceed $15,000, to expire on July 30, 1993, and authorized the Chair and Clerk to execute same. OFFICE OF BUDGET AND MANAGEMENT POLICY - BUSINESS TRAVEL AND TRIPS APPROVED TRAVEL LIST FOR COUNTY EMPLOYEES (33) 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.

COUNTY ATTORNEY - ASSIGNMENT TO STATE PAVING CORPORATION - DAMAGES FOR DELAY (34) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved assignment from Broward County to State Paving Corporation regarding damages for delay.

COUNTY ADMINISTRATOR - FILE OFFICE OF ATTORNEY GENERAL'S REPORT 11986 - PERFORMANCE AUDIT OF PUBLIC DEFENDER (36) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board filed Office of the Attorney General's Report 11986 which is a performance audit of the Office of the Public Defender, Seventeenth Judicial Circuit, for the period January 1, 1991 through March 31, 1992.

COUNTY ADMINISTRATOR - SUFFICIENCY OF BONDS - CERTAIN COUNTY OFFICERS (37) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved sufficiency of bonds for certain County Officers in accordance with Chapter 137, Florida Statutes.

BOARDS - HEALTH AND SANITARY CONTROL BOARD - APPOINTMENT - SHAHRUKH S. DHANJI (38) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Rodstrom's appointment of Shahrukh S. Dhanji to serve on the Health and Sanitary Control Board. Mr. Dhanji will replace Edward Maas.

BOARDS - DRUG RELATED NUISANCE ABATEMENT BOARD - APPOINTMENT - ANTHONY CAMPBELL (39) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Poitier's appointment of Anthony Campbell to the Drug Related Nuisance Abatement Board.

BOARDS - MARINE ADVISORY COMMITTEE - APPOINTMENT - ALVIN CAPP (41) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Gunzburger's appointment of Alvin Capp to the Marine Advisory Committee. Mr. Capp replaces Ms. Gladys Landa.

BOARDS - BROWARD COUNTY HUMAN RIGHTS BOARD - APPOINTMENT - NONA L. JONES (59) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Poitier's appointment of Nona L. Jones to the Broward County Human Rights Board.

BOARDS - BROWARD REGIONAL HEALTH PLANNING COUNCIL - REAPPOINTMENT - RICHARD J. STULL II (60) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Hart's reappointment of Richard J. Stull II to the Broward Regional Health Planning Council for a two- year term expiring January 31, 1995.

BOARDS - PARKS AND RECREATION ADVISORY BOARD - APPOINTMENT - MARCY H. BURGESS (62) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved Commissioner Cowan's appointment of Marcy H. Burgess to the Parks and Recreation Advisory Board as an In-District appointment. Ms. Burgess fills an existing vacancy on this board.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - HUMAN SERVICES DEPARTMENT - AWARD OPEN-END CONTRACT - TENDER CARE REMOVAL, INC. - TRANSPORT BODIES FOR MEDICAL EXAMINER'S OFFICE (16) The Board discussed the award of an open-end contract to low bidder, Tender Care Removal, Inc., to transport bodies for the Medical Examiner's Office (Bid A-10-92-12- 12) in the approximate amount of $184,275, and authorization for the Purchasing Director to renew the contract for two one- year periods. The initial contract period shall start on February 1, 1993 and shall terminate on January 31, 1994.

Margaret Villella, attorney representing Professional Transport Systems Inc., stated that she has information to bring to the Board's attention regarding the low bidder, Tender Care Removal, Inc.

In response to Commissioner Cowan's inquiry, County Attorney John J. Copelan, Jr. advised that, to his knowledge, no bid protest was filed. Mr. Copelan stated for the record that the time frame for filing a bid protest may have already passed.

Commissioner Cowan suggested that discussion on this item be postponed to today's 2 p.m. public hearing so that, in the interim, staff can review the information Ms. Villella has and report back to the Board on its review. Mr. Copelan suggested that the meeting also include a representative of his office.

Ms. Villella said, according to information she received recently, both Tender Care's corporate records filed in Tallahassee and Section 5 of the county's bidders questionnaire contain inaccurate information as same relate to one of the directors and officers of the corporation. Ms. Villella said a former employee of Tender Care signed an affidavit swearing to the fact he was told that the president of Tender Care would not have minorities, especially blacks, working for him.

In response to the Chair's inquiry, Phil Allen, Director, Finance and Administrative Services Department, advised that while this contract is subject to the overall goals established for county contracts, it is not subject to the county's goal participation requirements; there is no stated policy of the Board directing that all or a portion of this contract be assigned to a minority firm. Mr. Allen stated that this is a competitive bid.

By unanimous consent the Board laid this matter on the table until today's 2 p.m. public hearing for Ms. Villella to meet with appropriate staff as previously cited.

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

It now being later in the meeting, by unanimous consent the Board removed this item from the table.

Mr. Copelan said, according to the information his office was able to obtain during the recess, Tender Care is currently a corporation in good standing as this relates to the Secretary of State's office. Mr. Copelan said the matters that are probably going to come before the Board this afternoon, more than likely, relate more to questions of responsibility as opposed to responsiveness. Mr. Copelan said he also determined that the time for filing a bid protest has passed. Mr. Copelan stated that the only issue for discussion is that of responsibility.

Mr. Allen said, during the recess, the Purchasing Director met with representatives of both Tender Care and Professional Transport Systems and, during discussions, nothing came to light to cause staff any concern as to Tender Care's ability to provide the service. Mr. Allen said Purchasing concurs with the County Attorney that this is not a timely protest. Mr. Allen noted that while staff completed a responsibility review of the low bidder, Tender Care, it did not conduct such a review on any of the other proposers.

In response to Commissioner Parrish's question, Mr. Allen advised that Dr. Ronald Wright, Medical Examiner, is the contract administrator for this contract; further, Mr. Allen believes the contract contains a 30 day notice period to the vendor to correct any problems or the contract becomes null and void. Mr. Allen said the determination of responsibility as same relates to capabilities and performance is based on the recommendation of Dr. Wright and the Purchasing Director.

In response to Commissioner Parrish's inquiry, Dr. Wright advised that although Tender Care has not been in business very long, no complaints against the company have been received.

In response to the Chair's question, Michael Udell, attorney representing Tender Care, said his client informed him that he did not make any statements about not hiring African Americans; that allegation is absolutely incorrect. Mr. Udell introduced a newly hired Tender Care employee of African American descent, as well as the president of the company, Henry Grammer who has been in the funeral business for the past 34 years, and Mr. Grammer's wife, Frances, an employee of the company.

Michael Trinkler, attorney representing Professional Transport Systems and Joe Damiano, said his client wants to ensure that the Board holds Tender Care to the same scrutiny to which it did his firm. Mr. Trinkler said he has a former employee of Tender Care present who will testify as to Mr. Grammer's hiring practices as same relate to Afro-Americans. Mr. Trinkler said Tender Care's corporate documents filed in Tallahassee contain erroneous information as same relate to officers of the company.

Mr. Copelan stated for the record that Professional Transport Systems sued the county and litigation is pending.

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

Commissioner Parrish said because the Board is not responding, that should not be taken to mean the Board accepts as fact or accurate any of the information or statements made today.

On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board awarded open-end contract to low bidder, Tender Care Rem oval, Inc., to transport bodies for the Medical Examiner's Office (Bid A-10-92-12- 12) in the approximate amount of $184,275, and authorized the Purchasing Director to renew the contract for two one- year periods. The initial contract period shall start on February 1, 1993 and shall terminate on January 31, 1994.

COUNTY ATTORNEY - TRAVEL AUTHORIZED - CLOSING FOR SOLID WASTE SYSTEM REVENUE BONDS, SERIES 1993A, 1993B, AND 1993C (35) The Board discussed approval of travel for County Attorney John J. Copelan, Jr., and Assistant County Attorney Lori Smith-Lalla on February 2 and 3, 1993, to attend the closing for Solid Waste System Revenue Bonds, Series 1993A, 1993B, and 1993C in New York.

Additional Agenda Material submitted for the record from the County Attorney's office advises that Mr. Copelan is requesting that the Board delete his attendance at the bond closing because he will be signing any necessary documents before the closing, to be held in escrow, until all conditions of closing have been met.

In response to Commissioner Cowan's inquiry, Mr. Copelan advised the reason he is requesting his travel to New York be deleted from the travel request is to reduce costs to the county. Commissioner Cowan said, when possible, bond closings are done locally. Commissioner Cowan said if money is to be exchanged at the bond closing, he is concerned the closing could be delayed because of the County Attorney's absence. Commissioner Cowan said should the aforesaid occur, Mr. Copelan's absence will cost the county far more money in interest lost on $80 million, even for a day, than what the county would realize in savings.

A motion was made by Commissioner Cowan that the Board approve travel for County Attorney John J. Copelan, Jr., and Assistant County Attorney Lori Smith-Lalla on February 2 and 3, 1993, to attend the closing for Solid Waste System Revenue Bonds, Series 1993A, 1993B, and 1993C in New York. This motion died for lack of a second.

Commissioner Parrish said when she was Chair of the Commission, other than on one occasion, all bond closings were done in the County Administrator's Conference Room. Commissioner Parrish inquired why this closing has to be done in New York, to which Phil Allen, Director, Finance and Administrative Services Department, responded, it is at the request of the underwriters because they believed it was less expensive for a few county employees to travel to New York than to have the underwriters come to Broward County. In response to Commissioner Rodstrom's question, Mr. Allen said there are six underwriters. Commissioner Rodstrom noted that co-managers are not reimbursed for expenses. Commissioner Gunzburger questioned the need for two attorneys to attend a closing and suggested that Mr. Allen request that the underwriters hold the closing locally.

Commissioner Cowan said he has no objection to the Board establishing a policy that, when possible, all future bond closings be held locally, but to change the location of this bond closing could jeopardize interest on $80 million.

In response to Commissioner Hart's question, Mr. Allen advised that while the contract documents have been reviewed, they are subject to change between now and the February 2 bond closing.

On motion of Commissioner Cowan, seconded by Commissioner Gunzburger and unanimously carried, the Board tabled this item to today's 2 p.m. public hearing for staff, in the interim, to check to see if the bond closing can be held locall y without jeopardizing the interest on the bonds.

It now being later in the meeting, by unanimous consent the Board removed this item from the table.

Mr. Copelan said, following a review of the bond documents, there is no covenant requiring the bond closing to be held in New York; the Board can set the location for the bond closing.

Mr. Allen said in this case there is not a cost differential in the county paying for the underwriters to come to Broward County or paying for its employees to travel to New York for the bond closing. Mr. Allen said, in the past, bond closings have been left to the prerogative of the Chair and, earlier on in the process, Commissioner Thompson elected to do the closing in New York. Mr. Allen said, in Commissioner Thompson's absence, he checked with Commissioner Poitier who indicated she was available to substitute for Commissioner Thompson.

Commissioner Rodstrom said because the county has to also pay for underwriter's counsel and bond counsel to go to New York, it is clear more people will be traveling to New York than would be coming to Broward County. Commissioner Rodstrom noted that closings in New York have been eliminated, when possible, because they are no longer deemed to be cost effective.

In response to Comm issioner Parrish's question as to whether the League of Cities filed a class action suit against the county relating to subject bonds, Mr. Copelan advised that he has not been notified that such a lawsuit has been filed, but he is aware that the League retained a law firm to look into the issue. Mr. Copelan said he understands a meeting with said attorney is scheduled for tomorrow to discuss the League's concerns.

In response to Commissioner Parrish's question as to attempts to reach a compromise with the League, County Administrator B. Jack Osterholt advised that administration spent a considerable amount of time in the last two weeks working with the cities and their representatives on this issue to attempt to minimize any long-term fall out from this process. Mr. Osterholt said, over the past three months, administration has been meeting with the League on a variety of resource recovery issues.

Commissioner Cowan inquired for the record how much money the county would have left on the table had it put a term on these bonds to correspond with the existing contract which has 17 1/2 years remaining as opposed to the 20 years for which the bonds were issued, to which Mr. Allen responded, "$360,000 a year times 20 years." Mr. Allen stated that the cities already approved a $7 per ton tipping fee for this county debt and, with the financing the county completed, the aforesaid becomes a $6.30 a ton tipping fee.

On motion of Commissioner Gunzburger, seconded by Commissioner Rodstrom and unanimously carried, the Board approved travel for County Attorney John J. Copelan, Jr., and Assistant County Attorney Lori Smith-Lalla on February 2 and 3, 1993, to attend the closing for Solid Waste System Revenue Bonds, Series 1993A, 1993B, and 1993 C in New York.

(For establishment of county policy as a result of discussion on this agenda item, see the following item (No. 69).

COUNTY COMMISSION - COUNTY POLICY ESTABLISHED - LOCATION OF FUTURE BOND CLOSINGS (69) On motion of Commissioner Gunzburger, seconded by Commissioner Rodstrom and unanimously carried, the Board approved a county policy providing that, in the future, all bond closings are to be done locally whenever this is cost effective and, should this not be possible, justification for holding a bond closing elsewhere must be furnished to the Board so that it can address each situation individually.

BOARDS - HEALTH FACILITIES AUTHORITY - APPOINTMENT - BERNARD J. SCHINDER - ALCOHOL, DRUG ABUSE AND MENTAL HEALTH ADVISORY PLANNING COUNCIL - APPOINTMENT - BEVERLY LANGLEY - HEALTH FACILITIES AUTHORITY - REAPPOINTMENT - DR. RICHARD S. DELLERSON (40, 42, & 43) The Board discussed the following: Appointment of Bernard J. Schinder to the Health Facilities Authority to replace Janice D. Herard whose term expires on February 12, 1993; Mr. Schinder will serve a four year term (February 12, 1993 - February 12, 1997) and is nominated by Commissioner Gunzburger; Commissioner Poitier's appointment of Beverly Langley to the Alcohol, Drug Abuse and Mental Health Advisory Planning Council (H.R.S. District X); and reappointment of Richard S. Dellerson, M.D. to the Health Facility Authority, nominated by Commissioner Parrish (the latter is deferred from January 19, 1993 meeting.)

Commissioner Cowan said as the Health Fac ilities Authority is a five member board, each Commissioner is not entitled to one appointment. Commissioner Cowan said, pursuant to state law, appointments to this authority are for four years. Commissioner Cowan suggested alternatives for the Board's consideration in making appointments to the Health Facilities Authority.

In response to Commissioner Parrish's question, Commissioner Cowan said his recent nomination to the Authority, which the Board accepted and approved, filled the remainder of a term due to a resignation. Commissioner Parrish said having read the County Commission's administrative procedures, she is unable to find any reference to rules governing board appointments.

Commissioner Rodstrom recommended that a rotating system by districts be utilized in making appointments to five member boards because doing so would result in treating all Commissioners fairly.

County Attorney John J. Copelan, Jr. advised that, pursuant to state law, the terms of appointments to the Health Facilities Authority have to serve staggered terms.

On motion of Commissioner Hart, seconded by Commissioner Parrish and unanimously carried, the Board approved the appointment of Bernard J. Schinder to the Health Facilities Authority to replace Janice D. Herard whose term expires on February 12, 1993; Mr. Schinder will serve a four year term (February 12, 1993 - February 12, 1997); approved Commissioner Poitier's appointment of Beverly Langley to the Alcohol, Drug Abuse and Mental Health Advisory Planning Council (H.R.S. District X); and reappointed Richard S. Dellerson, M.D. to the Health Facility Authority. (The latter was deferred from January 19, 1993 meeting.)

COUNTY ADMINISTRATOR - REPORT (44) County Administrator B. Jack Osterholt said he had nothing to report today.

COUNTY COMMISSION - OFFICE OF PLANNING - DEVELOPMENT MANAGEMENT DIVISION - AMEND NONVEHICULAR ACCESS LINE - D & C PROPERTIES, SUNRISE AND FLAMINGO - RICHARD COKER - DEFERRED TO FEBRUARY 9, 1993 (45) On motion of Commissioner Parrish, seconded by Commissioner Cowan and unanimously carried, the Board deferred the request of Richard G. Coker Jr. to amend the nonvehicular access line, D & C Properties, Sunrise and Flamingo (061-MP-89), to February 9, 1993 for staff to review and make a recommendation on the information submitted by the applicant, the city of Plantation, and the Plantation Acres Improvement District, as well as for the County Attorney's office to make an analysis of said information. (Deferred from January 5 and 12, 1993.)

COUNTY COMMISSION - SHERIFF - LAUDERHILL PAL FACILITY - QUITCLAIM DEED, BILL OF SALE, & ASSIGNMENT OF LEASE AGREEMENT ACCEPTED - BROWARD BOULEVARD PAL FACILITY - EXPLORE PROGRAMS (58) The Board considered possible acceptance of the quitclaim deed accepting the Lauderhill PAL facility, contingent upon the satisfactory execution of the deed by the authorized signatory of the Broward Sheriff's Youth Program Board. (Deferred from January 19, 1993 meeting.)

Commissioner Hart said, at the Board's request, he spoke with Sheriff Ron Cochran and Mayor Ilene Lieberman, city of Lauderhill, about the county securing the Lauderhill PAL facility and making arrangements for the interim operation of the facility for youth services, pending finalization of a long-term lease agreement for operation of the facility. Commissioner Hart advised that the Lauderhill City Council adopted a resolution authorizing the transfer of the facility to the county for operation as a youth facility under county title. Commissioner Hart said he discussed with the Sheriff the Sherif f's office operating the facility on an interim basis until a long-term lease agreement can be worked out with a nonprofit organization, presumably the Boys and Girls Club of Broward County.

Mayor Lieberman urged the Board to accept the Lauderhill PAL facility; the lease for same is for 99 years and has been paid up front. Mayor Lieberman said the city has been working with Commissioner Hart and the Sheriff to expedite reopening of the facility.

Sheriff Ron Cochran said he hopes operation of the facility by the Sheriff's office on an interim basis will not be too long as he does not want to be in the facilities operation business; further, he does not have either a budget for operating youth facilities or a nonprofit organization. The Sheriff said he intends to have the facility reopened as soon as feasible; further, he has no problem assigning some deputies to the facility on a full time basis and will encourage others to volunteer. The Sheriff said he would like to see participation by police officers throughout the county in this endeavor. The Sheriff said if a method to support the operating costs of PAL facilities is found, the Board may want to consider allocating the trust fund money for capital expenditures and building other PAL facilities throughout the county.

Commissioner Parrish said her only concern is that the estimated $1.2 million in revenue generated from the pay telephones was all that was ever considered for the PAL facilities insofar as capital operating dollars is concerned; further, whether the $1.2 million is a solid figure is still now known. Commissioner Parrish said, prior to the Board making any commitment to any nonprofit organization, she wants to know the projected annual operating cost of the PAL facilities.

In response to Commissioner Parrish's question, the Sheriff said his offer regarding the Lauderhill PAL facility is to open the facility and place some deputies at same for which he would seek reimbursement from the county for costs incurred in providing this service.

In regard to the $1.2 million previously referred to, Commissioner Parrish said there was debate as to whether the Board or the Sheriff has sole discretion over use of these monies. The Sheriff said some monies were contributed by Sheriff's em ployees via payroll deductions. Commissioner Hart said in discussing the matter with Pete Corwin, Assistant to the County Administrator, as recently as this morning, Mr. Corwin confirmed the prediction that $1.2 million will be generated on an annual basis from telephone commissions and this figure will remain constant.

Commissioner Parrish inquired as to the amount of funds in the Broward Sheriff's Youth and Victims Witness Programs, Inc. Commissioner Hart said his understanding is, as best as can be determined to date, there is a couple of hundred thousand dollars, less some expenses previously incurred; the Commission Auditor's audit has yet to be finalized. Commission Auditor Norman Thabit cautioned the Board that said monies are in the plant fund and, at this time, are restricted for capital expenses only, not operating expenses. Mr. Thabit said there are some operating dollars in the nonprofit organization which is not under the Board's control; it is still under the control of the youth group.

In response to Commissioner Parrish's inquiry as to completion of the audit, Mr. Thabit explained there is a sequence of events which has to occur in order for his office to conclude the audit. Mr. Thabit said as recently as this morning some information came to his attention that causes him concern and requires further examination. Mr. Thabit said his office can perform the audit and same will be completed as soon as possible. Mr. Thabit said, upon completion of the audit, he will be able to inform the Board of the annual revenue stream from telephone commissions; the projections are in the neighborhood of $1.2 million annually.

Commissioner Parrish said what the Board needs and she previously requested is: projected cost of operating the facilities, including the long term, i.e., five to ten years; whether operation of the facilities will result in an increase in the Sheriff's budget; and the cost to finish the Carver Ranches PAL facility.

In response to Commissioner Hart's question, Mr. Corwin ad vised that the Boys and Girls Club submitted a preliminary budget of approximately $800,000 a year to operate the three facilities. Mr. Corwin said the question which staff has to answer is, will the annual revenue from the telephone commissions keep pace with the increased operating costs to run the facilities over the long-term. Commissioner Hart said he will bring back to the Board for its consideration a proposal for amending the ordinance that would allow plant funds to be used for operating expenses .

In response to Commissioner Rodstrom's question, Mr. Corwin said the Broward Boulevard PAL facility is different and the budget for this facility is less than the projected budget for the other two full service facilities. Mr. Corwin noted that the Broward Boulevard PAL facility provides recreational and educational programs; further, agencies other than the Boys and Girls Club may provide programs for this facility.

Commissioner Gunzburger requested that, prior to the Board making a decision on the Broward Boulevard PAL facility, an exploration be made of programs to serve not only at risk children, but also delinquent children.

On motion of Commissioner Hart, seconded by Commissioner Cowan and unanimously carried, the Board accepted the quitclaim deed for the Lauderhill PAL facility, contingent upon the satisfactory execution of the deed by the authorized signatory of the Broward Sheriff's Youth Program Board; accepted a Bill of Sale executed by the Broward Sheriff's Youth and Victims Witness Programs, Inc., transferring the personal property located in the Lauderhill Pal facility to the county; and accepted assignment of the Lease Agreement between the city of Lauderhill and the Broward Sheriff's Youth and Victims Witness Programs, providing for the county to have a long-term lease on the land where the Lauderhill PAL facility is located.

COUNTY COMMISSION - FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT REVENUE COLLECTION DIVISION - CANCELLATION OF NON-AD VALOREM LIENS FRANKLIN PARK - LEON JAMES - DEFERRED TO FEBRUARY 9, 1993 - APPROPRIATE NOTIFICATION TO PUBLIC ON NON- AD VALOREM COUNTY LIENS ON TAX CERTIFICATE SALES (46) The Board discussed the request of Leon James for cancellation of non-ad valorem liens against Franklin Park 21 - 3B Lot 7, 8, Blk 12, Property I.D. 020508076.

In response to Commissioner Parrish's question, County Attorney John J. Copelan, Jr. advised there is no statutory provision or procedure that provides for the cancellation of a municipal or county lien. Mr. Copelan said because the lien was imposed by the county, he is of the opinion that it is within the Board's discretion to cancel the lien. Mr. Copelan recommended that the Board not create a blanket policy but, rather, review any similar requests on a case by case basis.

In regard to Commissioner Parrish's question regarding the $125 Mr. James paid for a title search, Phil Allen, Director, Finance and Administrative Services Department, said that, pursuant to state law, the county makes the appointment of the title company for the purpose of pointing out tax liens, not other public improvement liens. Mr. Copelan advised that the county does not determine marketable title; the county is not obtaining a title opinion. Mr. James said he was told the $125 he paid the county was for a lien search.

Commissioner Gunzburger said the public should be made aware that there may be liens on property in addition to tax liens. Mr. Allen advised that files are prepared for all tax deeds and said files list all county held liens.

In response to Commissioner Cowan's question, Joseph Rosenhagen, Director, Revenue Collection Division, advised that Mr. James purchased a tax deed; further, state law clearly states that the only thing on which the tax certificate sale is based is delinquent taxes, not county liens. Mr. Rosenhagen said it is important to note that tax deeds affect back taxes and tax liens, not county liens which survive the process. Mr. Rosenhagen said, in this instance, the county liens are lot clearing liens.

Commissioner Cowan said because the county's liens on subject property are lot clearing liens, the county would lose nothing by cancelling its existing liens on the property and letting Mr. James maintain and do as he wishes with the property. Commissioner Cowan said if the property continues to remain vacant, the county will have to continue to clear the lots and never recover the liens against the property.

Tom McDonald, speaking as a private citizen who has invested in county tax certificates since 1985, advised that he, too, was under the impression that property acquired via this process was free and clear of any liens. Mr. McDonald said that while files may be available, bidding is very rapid and time does not permit a potential buyer from researching the files on the many tax certificates being sold.

Commissioner Rodstrom said from a fairness and equity standpoint the county should inform the public of the possible existence of county tax liens prior to the actual sale taking place.

Mr. Copelan stated for the record that the county does not do a title search for marketable record; a title search is done only for the purpose of identifying lien holders for notice purposes. Mr. Copelan said if the Board changes the standards and makes the county the insurer of the titles, the county will be assuming potential liability in many more instances.

By unanimous consent the Board deferred the request of Leon James for cancellation of non- ad valorem liens against Franklin Park 21 - 3B Lot 7, 8, Blk 12, Property I.D. 020508076 to February 9, 1993 for staff to come back with a recommendation on the following options: Buying back Mr. James' interest in the property, negotiating a reduction in the liens, or cancelling the liens.

The Board also requested staff to come back at a later date with a recommendation regarding appropriate notification to the public of the possibility of the existence of non-ad valorem county liens on tax certificate sales, said recommendation to be made in compliance with Florida Statutes.

COUNTY COMMISSION - COMMISSION ON STATUS OF WOMEN - PRESENTATION OF REPORT FOR 1992 (47) Cynthia B. Levin, Chairperson, Commission on Status of Women (CSW), appeared before the Board to present the Commission on the Status of Women's Report for 1992; a copy of this report was submitted for the record.

Ms. Levin said while the members of the CSW have diverse interests, backgrounds, vocations, and talents, they all share a passionate commitment to improve and enhance the lives of wom en and girls locally, nationally, and internationally. Ms. Levin said the CSW appreciates the opportunity to report to the Board the accomplishments of the CSW for 1992, and welcomes the Board's questions and comments. Ms. Levin briefed the Board on the report.

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

Commissioner Parrish mentioned that the CSW may want to participate in the National Organization of Women's upcoming activity entitled "Take Your Daughter to Work." Commissioner Parrish requested that the CSW check with all governmental agencies in Broward County to ascertain whether their respective health insurance carriers pay for pap smears as part of an annual GYN examine and, if not, work on having this policy changed. Commissioner Parrish said she understands that, in many instances, this test is covered only as part of a health examine.

The Board accepted the report for filing and thanked the Commission on Status of Women for all it has done and continues to do. COUNTY COMMISSION - HUMAN SERVICES DEPARTMENT - EMERGENCY SERVICES DIVISION - DANIA - SECOND AMENDMENT TO INTERLOCAL AGREEMENT (48) The Board considered approval of second amendment to the interlocal agreement between Broward County and the city of Dania providing for the furnishing of emergency medical services to a portion of Broward County, Florida, and authorizing the Chair and the Clerk to execute same.

County Administrator B. Jack Osterholt said his understanding is that all parties are pleased with the agreement.

Bob Flatley, City Manager, city of Dania, said this interlocal agreement is the result of unprecedented cooperation between county and city staffs, especially at the union level.

On motion of Commissioner Gunzburger, seconded by Commissioner Parrish and unanimously carried, the Board approved second amendment to the interlocal agreement between Broward County and the city of Dania providing for the furnishing of emergency medical services to a portion of Broward County, Florida, and authorizing the Chair and the Clerk to execute same.

AVIATION DEPARTMENT - TERMINAL SERVICES PERMIT - FORT LAUDERDALE JET CENTER INC. - FL-HIA (49) On motion of Commissioner Parrish, seconded by Commissioner Hart and unanimously carried, the Board approved term inal services permit between Broward County and Fort Lauderdale Jet Center Inc. at Fort Lauderdale-Hollywood International Airport, effective upon Board approval through September 30, 1993 and month- to-month thereafter, and authorized the Chair and the Clerk to execute same. (Deferred from January 19, 1993 meeting.)

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

AVIATION DEPARTMENT - SETTLEMENT FOR PARCELS 1600 AND 1601 - CONDEMNATION CASE - BROWARD COUNTY V. GLABERMAN, ET AL. - AIRPORT LAND ACQUISITION PROJECT-WEST, FL- HIA (50) The Board discussed approval and authorization of payment and terms of proposed settlement for Parcels 1600 and 1601 in the condemnation case, Broward County v. Glaberman, et al., of the Airport Land Acquisition Project-West (Fort Lauderdale-Hollywood International Airport). (Deferred from January 19, 1993 meeting.) Commissioner Rodstrom said, in his opinion, the county's offer of judgment should have been a little higher in an effort to avoid paying the legal fees.

On motion of Commissioner Rodstrom, seconded by Commissioner Parrish and unanimously carried, the Board approved and authorized payment and terms of proposed settlement for Parcels 1600 and 1601 in the condemnation case, Broward County v. Glaberman, et al., of the Airport Land Acquisition Project-West (Fort Lauderdale-Hollywood International Airport). (Deferred from January 19, 1993 meeting.)

PUBLIC WORKS DEPARTMENT - OFFICE OF ENVIRONMENTAL SERVICES - ENVIRONMENTAL ENGINEERING DIVISION - WATER TREATMENT PLANT 1A AND 2A - NOTE FOR RECORD - THE HARDAWAY COMPANY - EMERGENCY CHANGE ORDER 73 - BCOES PROJECTS 8085 AND 8361 - EMERGENCY CHANGE ORDER 74 - BCOES PROJECTS 8085 AND 8092 (51 A-C) John Touchstone, Deputy Director, Public Works Department, gave a brief overview of Water Treatment Plant (WTP) 1A and 2A as same relates to project scope, status, and staff's plan for addressing and correcting problems relating to the project.

Prior to Mr. Touchstone's presentation, County Attorney John J. Copelan, Jr. advised that there may possibly be litigation on this project.

Mr. Touchstone said WTP 1A is located in Lauderdale Lakes and WTP 2A is located in Pompano Beach. Mr. Touchstone said the county acquired these plants approximately 20 years ago; further, these sites contained plants prior to the county's acquisition of the plants. Mr. Touchstone said what is actually being discussed is the renovation of a WTP which is two projects combined into one. Mr. Touchstone stated that WTP 1A is approximately 75 percent complete and, pending negotiations with the contractor and the consultant, it is anticipated that the project will be completed in October 1993; WTP 2A is approximately 94 percent complete and staff anticipates substantial completion by June 15, 1993.

With respect to change orders, Mr. Touchstone advised that these fall into three basic categories: Architect/engineer errors and omissions; unforeseen site conditions; and user changes and code interpretation which, in this project, is minimal. Mr. Touchstone said, to date, approximately 80 percent of the change orders have been in the area of errors and omissions, while discretionary changes account for only .21 percent of the change orders.

Mr. Touchstone said this is a very complex project requiring extensive electrical and mechanical new work. Mr. Touchstone said these facilities are still pumping water at the same time renovations are being made. Mr. Touchstone noted that most of the changes and problems associated with the project are electrical in nature. Mr. Touchstone advised that water treatment plants represent the most complex electrical operations in local governments today and are also the largest user of electricity.

Mr. Touchstone said staff has heard the Board's concerns and has been directed by the County Administrator to get this project worked out and, toward that end, initiated a number of measures to put the project in a well managed frame work: 1. Required the consultant to do a new design on the electrical system at no charge to the county. 2. More staff has been assigned to negotiate and process change orders. 3. Project team meets daily to go over and deal with issues in a timely manner. 4. Staff is negotiating approximately $1.6 million worth of contractor's quotes; the Board can rest assured that staff will not negotiate $1.6 million worth of price with the contractor. 5. Mr. Touchstone and the Department Director meet weekly for a status review of the project. 6. Will be furnishing the Board a monthly status report.

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

Mr. Touchstone said staff anticipates approximately $2 million more in emergency change orders already in process. Mr. Touchstone said staff negotiated with CH2M Hill f or $1+ million for things the county should not have paid and further negotiations will take place. Mr. Touchstone said staff is available to meet with any Commissioner to go over any details of the project. In conclusion, Mr. Touchstone introduced Rich Rollo who recently joined staff and was assigned to oversee this project.

A motion was made by Commissioner Cowan, and seconded by Commissioner Hart, that the Board note for the record Emergency Change Order 73 with The Hardaway Company for Broward County WTP 1A/2A Improvements at an increase of $82,907 from $28,767,674 to $28,850,581 with no increase in time, for Contract P-10-89-05-OF, approval having been given under the emergency provisions of the Broward County Procurement Code; BCOES Projects 8085 and 8361; and note for the record Emergency Change Order 74 with The Hardaway Company for Broward County WTP 1A/2A Improvements at an increase of $181,973 from $28,850,581 to $29,032,554 with no increase in time for Contract P-10- 89-05- OF, approval having been given under the emergency provisions of the Broward County Procurement Code; BCOES Projects 8085 and 8092.

Commissioner Gunzburger said while she appreciates Mr. Touchstone's explanation, that does not mean she is happy or in total agreement with all aspects; the Commissioner believes the county still has a long way to go. Commissioner Gunzburger said she is glad that both she and Commissioner Rodstrom stressed the need to address the existing change order policy. With respect to problems associated with the project, Commissioner Gunzburger said this project measures on a par with the Public Safety Building.

In regard to the county's bidding process, Commissioner Rodstrom said he believes the county should give bonus points to firms that served the county well and, conversely, deduct points for inferior service.

Commissioner Gunzburger said the bidding process should include a provision prohibiting a firm from bidding for a period of time when same have a history of excessive change orders on prior county projects due to errors and omissions. Commissioner Cowan said existing county policy requires the using department/division to rate firms on county projects and, if same receive below a certain rating, they are precluded from bidding for a certain period of time.

The Chair now called for a roll call vote on the motion on the floor, i.e., that the Board note for the record Emergency Change Order 73 with The Hardaway Company for Broward County WTP 1A/2A Improvements at an increase of $82,907 from $28,767,674 to $28,850,581 with no increase in time, for Contract P-10-89-05-OF, approval having been given under the emergency provisions of the Broward County Procurement Code; BCOES Projects 8085 and 8361; and note for the record Emergency Change Order 74 with The Hardaway Company for Broward County WTP 1A/2A Improvements at an increase of $181,973 from $28,850,581 to $29,032,554 with no increase in time for Contract P-10-89- 05-OF, approval having been given under the emergency provisions of the Broward County Procurement Code; BCOES Projects 8085 and 8092, with members voting as follows:

Commissioner Cowan Yes Commissioner Gunzburger No Commissioner Hart Yes Commissioner Rodstrom Yes Commissioner Poitier Yes

The Chair declared the motion carried.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - PUBLIC WORKS DEPARTMENT - NOTE FOR RECORD - EMERGENCY CHANGE ORDER NO. 51 - KAJIMA INTERNATIONAL, INC. - BROWARD COUNTY JUDICIAL COMPLEX, NORTH AND EAST WINGS AND CONNECTING BRIDGES (52) A motion was made by Commissioner Cowan, and seconded by Commissioner Hart, that the Board note for the record Emergency Change Order No. 51 with Kajima International, Inc. for the Broward County Judicial Complex - North and East Wings and Connecting Bridges; at an increase of $50,421 with no additional calendar days for Contract N-08-90-17-OF, changing the contract amount from $25,390,856.65 to $25,441,277.65; approval having been given under the emergency provisions of the Broward County Procurement Code; Project: Broward County Judicial Complex - North & East Wings and Connecting Bridges.

Commissioner Gunzburger stated for the record that Kajima was awarded this contract because, as she recalls, the firm bid 1/2 percent less than a local firm. Commissioner Gunzburger said, according to the backup material, 8 of the 14 items comprising this change order are due to errors and omissions.

The Chair now called for vote on the motion on the floor, i.e., to note for the record Emergency Change Order No. 51 with Kajima International, Inc. as cited above, with members voting as follows:

Commissioner Cowan Yes Commissioner Gunzburger No Commissioner Hart Yes Commissioner Rodstrom Yes Commissioner Poitier Yes

The Chair declared the motion carried.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - SELECTION/NEGOTIATION COMMITTEE APPOINTED - CONSULTANT TO STUDY ECONOMIC IMPACT OF HURRICANE ANDREW (53) A motion was made by Commissioner Cowan, and seconded by Commissioner Hart, that the Board appoint the following to a Selection/Negotiation Committee to hire a consultant to study the economic impact of Hurricane Andrew on Broward County: Commissioner Hart; Commissioner Poitier; Director, Office of Urban Affairs (Chair); Director, Office of Planning; and Assistant to the County Administrator.

In response to Commissioner Gunzburger's question, Kathy Harris, Director, Office of Urban Affairs, advised that, shortly after Hurricane Andrew, the Economic Development Administration (EDA) approached the county and requested that the county apply for a strategy grant which the county was awarded. Ms. Harris said this grant is to hire a consultant to study the economic impact of the hurricane on the overall county. Commissioner Gunzburger requested that in the future when grant funds are the source of funding a study, etc., that this be noted in the backup material.

The Chair now called for a vote on the motion on the floor and declared the motion unanimously carried.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PURCHASING DIVISION - SELECTION/NEGOTIATION COMMITTEE APPOINTED - CONSULTANT TO DESIGN RENOVATION OF THREE EXISTING BUILDINGS - 2401 NORTH POWERLINE ROAD (54) The Board considered appointment of a Selection/Negotiation Committee to hire a consultant to design the renovation of three existing buildings located at 2401 North Powerline Road.

In response to Commissioner Gunzburger's inquiry, County Administrator B. Jack Osterholt advised that staff looked at various alternatives in regard to this project and, in its professional opinion, determined it would be cheaper to renovate the buildings, recognizing that renovation projects are a construction nightmare, and that the job, at the present time, exceeds the capacity of doing the work in- house.

John Touchstone, Deputy Director, Public Works Department, advised it is clear that virgin construction would be prohibitive.

On motion of Commissioner Poitier, seconded by Commissioner Gunzburger and unanimously carried, the Board appointed the following to a Selection/Negotiation Committee to hire a consultant to design the renovation of three existing buildings located at 2401 North Powerline Road: Commissioner Cowan; Commissioner Poitier; Director, Environmental Engineering Division, OES (Chair); Director, Wastewater Management Division, OES; and Director, Planning and Engineering, Aviation Department. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - PERSONNEL DIVISION ESTABLISH NEW CLASSIFICATION - ASSISTANT DIRECTOR OF PERSONNEL - RESOLUTION 93-48 - EXEMPT FROM CLASSIFIED CIVIL SERVICE - RECLASSIFY VACANT BUDGET POSITION 02379 (55 A-C) On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board approved establishment of a new classification of Assistant Director of Personnel and the accompanying pay range; adopted Resolution 93-48 exempting the classification of Assistant Director of Personnel from the classified civil service; and reclassified vacant Budget Position 02379 from Personnel Management Specialist IV to Assistant Director of Personnel.

OFFICE OF HOUSING FINANCE - RATIFY RECOMMENDATION OF HOUSING FINANCE AUTHORITY - JOEL V. ALESI APPOINTED AS CHAIRMAN (56) On motion of Commissioner Cowan, seconded by Commissioner Gunzburger and unanimously carried, the Board ratified the recommendation of the Housing Finance Authority (HFA) of Broward County to appoint Mr. Joel V. Alesi to the position of Chairman.

OFFICE OF BUDGET AND MANAGEMENT POLICY - TRAVEL FOR COUNTY EMPLOYEES (57) On motion of Commissioner Cowan, seconded by Commissioner Gunzburger and unanimously carried, the Board approved travel for county employees on the Summary of Trips in accordance with Adm inistrative Order 105, including addendum.

COUNTY COMMISSION - COUNTY ATTORNEY - DRAFT POLICY RELATING TO ADVISORY BOARD APPOINTMENTS - POTENTIAL CONFLICT OF INTEREST RELATED TO EMPLOYMENT - DRAFT POLICY REGARDING ETHICS RELATING TO BOARD OF RULES AND APPEALS AND AVOIDING CONFLICTS OF INTEREST (61) At Commissioner Hart's request and by unanimous consent the Board directed the County Attorney's office to draft a policy, for the Board's consideration, relating to advisory board appointments, wherein emplo yment of the appointed individual may present a potential conflict of interest.

At Commissioner Gunzburger's request and by unanimous consent the Board directed the County Attorney's office to draft, for the Board's consideration, a policy regarding ethics as same relates to the Board of Rules and Appeals and avoiding conflicts of interest.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - HOLD TEFRA HEARING BROWARD COUNTY SOLID WASTE SYSTEM REVENUE BONDS, SERIES 1993B (63) On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board directed the Director of the Finance and Administrative Services Department to hold a TEFRA hearing with regard to the Broward County Solid Waste System Revenue Bonds, Series 1993B.

FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT - RESOLUTION 93-49 - AMENDING RESOLUTION 93-31 AS SUPPLEMENTED BY RESOLUTION 93-32 - CREDIT FACILITY PROVIDER AND RATING AGENCIES - SERIES 1993B BONDS - RESOLUTION 93-50 - AMENDING RESOLUTION 93-32 - ESTABLISH RESERVE ACCOUNT REQUIREMENT FOR SERIES 1993 BONDS, ETC. (64 A & B) On motion of Commissioner Cowan, seconded by Commissioner Gunzburger and unanimously carried, the Board adopted Resolution 93-49 of the Board of County Commissioners of Broward County, Florida, amending Resolution 93-31, adopted on January 12, 1993, as supplemented by Resolution 93- 32, adopted on January 12, 1993, to incorporate certain changes requested by the Credit Facility Provider and the Rating Agencies; to increase the authorization for the series 1993B Bonds; and providing an effective date; and adopted Resolution 93-50 of the Board of County Commissioners of Broward County, Florida, amending Resolution 93-32 to establish a reserve account requirement for the Series 1993 Bonds and providing for the manner of funding the same; ratifying, confirming, and approving the details of the Series 1993 Bonds; and providing an effective date.

COUNTY COMMISSION - CONSIDERATION OF APPOINTMENT OF REPLACEMENT FOR COMMISSIONER THOMPSON ON SELECTION/NEGOTIATION COMMITTEES (68) The Chair, at Commissioner Parrish's request, inquired if the Board wants to consider appointing Commissioner Rodstrom in Commissioner Thompson's place, during the duration of his absence, on all selection/negotiation committees on which Commissioner Thompson serves.

County Administrator B. Jack Osterholt said his understanding is, to date, no time delay problems have arisen due to Commissioner Thompson's absence; if and when this should occur, staff is to notify either the Finance Department Director or the Purchasing Division Director and the matter will be brought to the Board to be dealt with on a case by case basis.

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 12:40 p.m.

(This meeting was recorded on cassette 93-10A.)

Adjourned

Meeting of the Value Adjustment Board

MINUTES OF THE VALUE ADJUSTMENT BOARD

Meeting of

January 26, 1993

An adjourned meeting of the Value Adjustment Board of Broward County, Florida was held in Room 422 of the Governmental Center, Fort Lauderdale, Florida, at 9:30 a.m., Tuesday, January 26, 1993, with the following members present: Commissioners Lori N. Parrish and Suzanne N. Gunzburger; and School Board Member Lois Wexler. Also present were Deputy County Attorney Noel Pfeffer; Assistant County Attorney Pamela Steffens; Gaylord A. Wood, attorney for the Property Appraiser; David Hlay, Chief Deputy, Property Appraiser's Office; Joe Zdanowicz, Chief Appraiser, Property Appraiser's Office; Dennis Staruch, Deputy Appraiser, Property Appraiser's Office; Sue Baldwin, Director, County Records Division and Deputy Clerk to the VAB; Theresa Kintz and Lyn Semora, County Records Division; and Deputy Marilyn DeCosta. Commissioner Parrish served as Chair prior to the election of a Chair and Vice Chair.

ELECTION OF VAB CHAIR - COMMISSIONER LORI NANCE PARRISH ELECTED CHAIR (1) On motion of Commissioner Gunzburger, seconded by Ms. Wexler and unanimously carried, the VAB elected Commissioner Lori Nance Parrish as Chair of the VAB for the ensuing year.

ELECTION OF VAB VICE CHAIR - COMMISSIONER GUNZBURGER ELECTED VICE CHAIR (2) On motion of Commissioner Parrish, seconded by Ms. Wexler and unanimously carried, the VAB elected Commissioner Suzanne N. Gunzburger as Vice Chair of the VAB for the ensuing year.

MINUTES OF VAB MEETING OF OCTOBER 13, 1992 - DEFERRED TO NEXT MEETING (3) By unanimous consent the VAB deferred consideration of approval of the minutes of the VAB meeting of October 13, 1992 to the next VAB meeting because the minutes were inadvertently left out of the today's backup material.

DELEGATION REQUEST - GEORGE PLATT - PETITION 92-2677 - FOLIO NO. 8230-04-00110 (6) The Chair submitted for the record a January 18, 1993 letter received from George Platt, attorney representing Robert Fano and Yong Nam Fano, owners of a small shopping center in Margate, Petition 92-2677, Folio No. 8230-04-00110. The letter requests that the VAB author ize reopening the Special Master's hearing on this petition so that Mr. Platt and his client can meet with the Property Appraiser's office for the latter to review the bank appraisal on subject property; the Fano's bought the property from the bank after a foreclosure.

On motion of Commissioner Gunzburger, seconded by Ms. Wexler and unanimously carried, the VAB rescinded the Special Master's action on Petition 92-2677 (Fano), and authorized that this petition go back through the VAB process.

SPECIAL MASTERS' RECOMMENDATIONS FOR HEARINGS - APPROVED (5) On motion of Commissioner Gunzburger, seconded by Ms. Wexler and unanimously carried, the VAB approved Special Masters' recommendations, as amended, for hearings involving 2,986 cases of homestead, disability and nonprofit exemptions; agricultural classifications; and real estate and personal property values held from October 16, 1992 through December 22, 1992: Delete Petition 92-2677, Folio No. 8230-04-00110.

DELEGATION REQUEST - EILEEN SCHWARTZ - PETITION 92-5359 - FOLIO NO. 1214-02-3191 - CONTINUED TO FEBRUARY 2, 1993 (4) Eileen Schwartz, Petition 92-5359, Folio No. 1214-02- 3191, appeared before the VAB regarding her disagreement with the Special Master's decision on her residential property and requested that the VAB overturn said decision. Ms. Schwartz submitted for the record an executed Conflict of Interest Form, as well as related documents; these materials are filed in the supplemental papers of the minutes of this meeting. Ms. Schwartz stated she is requesting a reduction in her property taxes which increased significantly because she does not believe she was treated fairly or equitably by the Property Appraiser's office.

Ms. Schwartz said she attended several public meetings at which representatives of the Property Appraiser's office advised that all the properties in both North and South Lake (Hollywood) were going to be reassessed because they were undervalued and also for equity purposes. Ms. Schwartz said those in attendance were informed that a specific dollar amount was going to be attributed to each running foot, i.e., a front foot plus a percentage of the depth of the lot. Ms. Schwartz said, in addition, the public was initially told that the houses in North Lake would be $1,200 a running foot, then $1,100, and finally $1,000 a running foot; further, there would be three different determinations depending upon whether it was an original house, a renovated house, or a completely torn down house and the figures stated publicly wer e $35, $45, and $55 a square foot, respectively. Ms. Schwartz said three of her neighbors are willing to testify before the VAB or give a sworn statement that the aforesaid was publicly stated by the Property Appraiser's office.

Ms. Schwartz said when she appeared before the Special Master he agreed that she was treated unfairly and recommended a reduction, i.e., $240,000; her original assessment was $283,000. Ms. Schwartz said at her hearing before the Special Master the Property Appraiser's office advised that running foot and square foot were used for administrative purposes, not actual purposes. Ms. Schwartz said her concern then became, why did the Property Appraiser's office publicly state it was going to use both running foot and square footage. Ms. Schwartz said the two vacant lots next door to her were assessed at $1,000 a running foot; the two houses on her block assessed most closely to hers remained at their original assessment, i.e., $283,000 and $299,000. Ms. Schwartz said these two lots , owned by Freehling, are on in excess of 100 front feet of water and contain in excess of 3,300 square feet, while her home is on 47 front feet of water and contains 2,600 square feet. Ms. Schwartz said she used only North Lake properties in her comparative analysis, as well as the figures the Property Appraiser's office publicly stated it intended to use. Ms. Schwartz said she owns the smallest lot in both North and South Lake and her house is one of the smallest in the area.

With respect to her recommendation to the Special Master for a fair and equitable assessment, Ms. Schwartz said she recommended that the Property Appraiser's actual assessment of her lot be used, i.e, $1,000 a running foot which, in this case, equates to $56,000 and the replacement value of her entire house, i.e, $167,000 which would result in an assessment of $223,000 at 100 percent, $207,000 at 90 percent, and $190,000 at 80 percent. Ms. Schwartz said, accordingly, she believes her property should be assessed at $190,000; further, she is being penalized because she has a house on her lot and she has a 50 foot lot which does not fit into the statistics of the Property Appraiser.

Mr. Hlay advised that a house on North Lake sold for $1.1 million and the assessed value of the house was $627,000. Mr. Hlay said of the 49 parcels reassessed on North Lake, 31 property owners accepted their new assessment, and 18 petitioned for a hearing before the Special Master; 15 assessments were upheld by the Special Master and 3 were reduced. Mr. Hlay said these properties were reassessed using a building value and a land value for administrative purposes.

Mr. Zdanowicz advised that each house is unique unto itself; building value is not computed by a price per square foot times the number of square feet of the house being assessed.

Mr. Staruch stated that he was assigned the task of assessing the value of properties on both North and South Lake. Mr. Staruch said in order to arrive at the value of Ms. Schwartz's property, he had to go to the market place and look at sales in the area; this is the basis for determining value. Mr. Staruch said he did make a statement at a meeting between North Lake residents and the Property Appraiser's staff that said office intended to look at houses by using the following categories: Old original homes were to be assessed tentatively at $35 per square foot for the depreciated cost of the building, not land; remodeled houses were to be assessed tentatively at $55 a square foot; tear down homes that were completely refurbished were to be assessed tentatively in excess of $55 a square foot; and houses that were unique and did not fit into the normal pattern would have to be assessed in a completely different manner. Mr. Staruch said Ms. Schwartz's house fit into the latter category because it is a large house on the smallest lot in the neighborhood. Mr. Staruch said most of the other houses in the area are of similar size but on much larger lots. Mr. Staruch said the reason the building was assessed at a rate per square foot different from that of the rest of the neighborhood is because Ms. Schwartz's lot is so small and the building is so large. Mr. Staruch explained that, based on sales of comparable size houses that sold in 1990 and 1991 in North Lake, i.e., $350,000, $367,000, and $375,000, Ms. Schwartz's home was assigned a value of approximately $370,000 to $376,000. Mr. Staruch said, based on an assessment of 80 to 85 percent of value, he arrived at the $283,000 assessment for Ms. Schwartz's propert y. Mr. Staruch said Ms. Schwartz's adjusted square footage, because her house is two stories, is 2,640 square feet and same is assessed at approximately $98.07 a square foot; th land is assessed at approximately $1,000 a front foot which is the same figure used on all lots located in North Lake; Ms. Schwartz's lot value was assessed at $56,000.

In response to Commissioner Gunzburger's question, Mr. Staruch advised that property located at 1020 North North Lake Drive on a 50 foot lot containing a 2,556 square foot house sold for $430,000 in 1989.

Ms. Schwartz clarified that the $1.1 million sale previously referred to by Mr. Hlay was on South Lake. Ms. Schwartz said at the public meeting the Property Appraiser's office never mentioned it intended to use comparables, but did note that properties designated "outlyers" would be treated differently. Ms. Schwartz said her house is not designated an "outlyer." Ms. Schwartz said those having 50 foot lots were penalized by the Property Appraiser's office because the formula used by said office did not work on the 50 foot lots. Ms. Schwartz said people having 100 to 250 square feet on the water were assessed at $40 a square foot. Ms. Schwartz said while she accepts the Property Appraiser's assessment of $1,000 a front foot for her lot, she believes her house should be assessed the same as everyone else's in the neighborhood.

The Chair inquired as to the number of houses on 50 foot lots in North Lake. Mr. Zdanowicz said the Property Appraiser's office will furnish the VAB with the requested information. Mr. Zdanowicz said property sold in June 1990 for $350,000, said property's land front footage factor being 62.46 which is identical to Ms. Schwartz's lot and the house had 1,985 square feet. Mr. Zdanowicz said in order to evaluate a piece of property, an appraiser must look at numerous sales. Mr. Zdanowicz said custom built homes on waterfront properties do not fit the mold. Mr. Zdanowicz said the Property Appraiser's office believes it treated all property owners along the lake front fairly and equitably.

Commissioner Gunzburger said the VAB cannot make a decision on Ms. Schwartz's request today as it needs to know the guidelines for setting assessments.

On motion of Commissioner Gunzburger, seconded by Ms. Wexler and unanimously carried, the VAB recessed this meeting at 10 a.m. to Tuesday, February 2, 1993, at 9:30 a.m. so that the VAB, in the interim, can be furnished the information on the comparables discussed today and other comparables and what the y sold for, as well as the pictures used at Ms. Schwartz's hearing before the Special Master.

Meeting 2 PM

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Meeting of

January 26, 1993

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 p.m., Tuesday, January 26, 1993, with the following members present: Commissioners Sylvia Poitier, Vice Chair; Scott I. Cowan, Suzanne N. Gunzburger, John P. Hart, and Lori N. Parrish. Also present were County Administrator B. Jack Osterholt; County Attorney John J. Copelan, Jr.; Assistant County Attorney Sharon Cruz; and Deputy Marilyn DeCosta.

(Comm issioner John E. Rodstrom, Jr. entered the meeting room as reflected in these minutes.)

(In the absence of the Chair, Commissioner Sylvia Poitier, Vice Chair, chaired the meeting.)

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

PUBLIC HEARINGS - PROOF OF PUBLICATION - PUBLIC HEARINGS OPENED By unanimous consent the Board directed the clerk to file proof of publication of this afternoon's public hearings in the records of these minutes, and opened the public hearings.

ZONING - PUBLIC HEARING - PETITIONER, SARAH E. BUNTROCK - PETITION 20-Z-92 - CONTINUED TO FEBRUARY 23, 1993 AT 2 P.M. (3) It now being the time advertised to hold a public hearing to consider enactment of an ordinance on recommendations of the Zoning Board setting forth recommended building and zoning regulations in the following described area, the Chair called for interested persons to be heard:

Section 24, Township 48 South, Range 42 East From R-2P to B-3, utilizing 5% flexibility rule

1.41+ acres located between Northeast 31 Court and Northeast 33 Street, approximately 250 feet west of Dixie Highway.

A copy of a January 18, 1993 letter to Commissioner Poitier from George Platt, attorney representing the petitioner, was submitted for the record. The letter advises that Mr. Platt's client authorized him to request a one month continuance of the public hearing.

On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board continued the public hearing to February 23, 1993 at 2 p.m. at the petitioner's request. ZONING - PUBLIC HEARING - PETITIONER, OTTO BURRION - PETITION 22-Z-92 - CONTINUED TO FEBRUARY 23, 1993 AT 2 P.M. (4) It now being the time advertised to hold a public hearing to consider enactment of an ordinance on recommendations of the Zoning Board setting forth recommended building and zoning regulations in the following described area, the Chair called for interested persons to be heard:

Section 24, Township 51 South, Range 41 East From B-2 to C-1

0.31+ acres located on the south side of Pembroke Road, 150 feet east of Southwest 58 Avenue.

Al Shamoun, Office of Planning, advised that the petitioner contacted him yesterday and requested that the public hearing be continued for a month because the attorney he hired was not able to be present today.

A motion was made by Commissioner Cowan, and seconded by Commissioner Gunzburger, that the Board continue the public hearing to February 23, 1993 at 2 p.m. at the petitioner's request.

Samuel McCoy, an interested party, inquired if the neighbors are to be notified in writing of the continued public hearing. County Attorney John J. Copelan, Jr. advised that the continued public hearing will be readvertised. Commissioner Parrish requested Tommy Dorsett who was present in the audience to put a notice in his next newsletter informing the public of the continued public hearing and the applicant's hiring of an attorney.

The Chair now called for the vote on the motion on the floor and declared the motion unanimously carried.

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

ZONING - PUBLIC HEARING - PETITIONER, CLEVELAND CLINIC - PETITION 17-Z-92 - ORDINANCE NO. 93-1(Z) (1) It now being the time advertised to hold a public hearing to consider enactment of an ordinance, entitled as follows, on recommendations of the Zoning Board setting forth recommended building and zoning regulations in the following described area, the Chair called for interested persons to be heard:

AN ORDINANCE OF BROWARD COUNTY, FLORIDA, CHANGING THE ZONING DISTRICT BOUNDARIES BY REZONING A PORTION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 40 EAST, BROWARD COUNTY, FLORIDA, CONTAINING 248.79 ACRES, MORE OR LESS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "1"; FROM A-1, LIMITED AGRICULTURAL TO PLANNED DEVELOPMENT DISTRICT, P.D.D., PLANNED RESIDENTIAL COMMUNITIES, PURSUANT TO CHAPTER 39, ARTICLE LXXXI, PLANNED DEVELOPMENT DISTRICT, OF THE BROWARD COUNTY ZONING CODE; PROVIDING FOR LIMITATIONS, CONDITIONS AND QUALIFICATIONS; PROVIDING THAT THE CONCEPTUAL SITE PLAN FOR EMERALD ESTATES WHICH IS ATTACHED AS EXHIBIT "2" IS INCORPORATED INTO THIS ORDINANCE; PROVIDING THAT ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE APPROVED MASTER DEVELOPMENT PLAN FOR EMERALD ESTATES AND BE SUBJECT TO THE LIMITATIONS, CONDITIONS AND QUALIFICATIONS SET FORTH IN THIS ORDINANCE; PROVIDING CRITERIA FOR DETERMINING MINOR CHANGES AND DEVIATIONS TO THE MASTER DEVELOPMENT PLAN; PROVIDING FOR AMENDMENT OF THE ZONING DISTRICT MAPS; PROVIDING FOR THE REPEAL OF ALL REZONING ORDINANCES AND ZONING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING THAT THIS REZONING SHALL NOT BE CONSTRUED TO CREATE A RIGHT TO DEVELOPMENT THAT FAILS TO MEET THE REQUIREMENTS OF OTHER LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

Al Shamoun, Office of Planning, advised of the following amendments to the ordinance: Insert page 24a (Additional Agenda Material) which outlines add itional final site plan review criteria; page 20, under 2A - Districts and Pod Descriptions, paragraph 2, third sentence, strike "range" and insert "vary;" page 22, under 5A - Archaeological Site, strike "dedicated to the County" and insert "preserved," an d strike the second sentence in its entirety; page 24, under 7 - Lakes, first bullet, strike "The" and insert "Up to 54 acres of;" page 24, under 7 - Archaeological Site, strike "dedicated to Broward County" and insert " preserved;" and page 25, insert an "asterisk" by District "A" to indicate the site is designated a multifamily area.

A motion was made by Commissioner Gunzburger, and seconded by Commissioner Hart, that the Board enact Ordinance No. 93-1(Z), as amended as just cited, to become effective as provided by law.

In response to Commissioner Parrish's question, Debbie Orshefsky, attorney representing the Cleveland Clinic (petitioner), advised that lake maintenance will be dedicated on the plat to the Indian Trace Community Development District (ITCDD) which is the standard throughout the District. Commissioner Hart noted that the residents in the community encompassed by the ITCDD pay for the maintenance of the lakes via assessment.

In response to Commissioner Parrish's inquiry, Mr. Shamoun advised that District C allows single family detached units at a density of up to 6.5 units per acre and a minimum lot size of 55 feet by 100 feet. Commissioner Parrish inquired if there was a commitment that a buffer of one acre detached home sites be created for the ranches to the west. Ms. Orshefsky responded in the negative, stating that there was no specific commitment in regard to the size of lots as same relates to Weston or the surrounding ranches area. With respect to the west, Ms. Orshefsky noted that at the time the Board approved the DRI Development Order for the Cleveland Clinic project, the Board also amended the Weston DRI to increase the density from Estate on the parcel to the west of this project to 3 units per acre which is the same land use plan designation as this residential property. Ms. Orshefsky noted there is about 150 feet of canal between this project and the property to the west.

The Chair now called for a roll call vote on the motion on the floor, i.e., that the Board enact Ordinance No. 93-1(Z), as amended as previously cited, to become effective as provided by law, with members voting as follows:

Commissioner Cowan Yes Commissioner Gunzburger Yes Commissioner Hart Yes Commissioner Parrish No Commissioner Rodstrom Yes Commissioner Poitier Yes

The Chair declared the motion carried.

ZONING - PUBLIC HEARING - PETITIONER, CALARESO REAL ESTATE PARTNERSHIP - PETITION 19-Z-92 - ORDINANCE NO. 93-2(Z) (2) It now being the time advertised to hold a public hearing to consider enactment of an ordinance, entitled as follows, on recommendations of the Zoning Board setting forth recommended building and zoning regulations in the following described area, the Chair called for interested persons to be heard:

AN ORDINANCE OF BRO WARD COUNTY, FLORIDA, CHANGING THE ZONING DISTRICT BOUNDARIES BY REZONING A PORTION OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 43 EAST; FROM R-1B, ONE- FAMILY DWELLING DISTRICT TO R-1P, ONE-FAMILY DWELLING PARKING DISTRICT; PROVIDING FOR AMENDMENT OF THE ZONING DISTRICT MAPS; PROVIDING FOR THE REPEAL OF ALL REZONING ORDINANCES AND ZONING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING THAT THIS REZONING SHALL NOT BE CONSTRUED TO CREATE A RIGHT TO DEVELOPMENT THAT FAILS TO MEET THE REQUIREMENTS OF OTHER LAND DEVELOPMENT REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

Commissioner Parrish inquired if the petitioner could enter into a Restrictive Covenant for parking only. Al Shamoun, Office of Planning, advised that if a Restrictive Covenant were entered into, all the Board would be doing is precluding the building of a single family home on the property. Mr. Shamoun said the existing zoning district (R-1B) permits a single family residence, not parking; the requested rezoning (R-1P) permits either a parking lot or a single family residence. Mr. Shamoun said staff believes the rezoning request is compatible with the adjoining area because the R-1P zoning district requires the building of a wall to separate said district from residentially zoned areas which, in this case, is the area to the west. Mr. Shamoun said there is no concern with the other three sides because same are presently zoned commercial and a parking lot.

Steve Griffith, attorney for the Partnership, advised that, basically, the only single family residences in the area are the three to four homes immediately to the west of subject property. Mr. Griffith noted that there used to be a residence immediately to the east, but the prior owner had the property rezoned from R-1B to R-1P. In response to the Chair's inquiry, Mr. Griffith said neither he nor his client received any complaints regarding the requested rezoning. Mr. Griffith said the requirement for the construction of a wall where none now exists would protect the abutting residential area from the commercial area.

In response to Commissioner Cowan's question, Mr. Griffith explained that the reason it is necessary to expand the parking lot is, often times, the parking lot is full due to t he existing two office buildings and, on occasion, cars park in the right-of-way leading back to the residences.

On motion of Commissioner Cowan, seconded by Commissioner Hart and unanimously carried, the Board enacted Ordinance No. 93-2(Z) to become effective as provided by law.

COUNTY COMMISSION - PROPOSED LAND USE PLAN AMENDMENTS WITHIN UNINCORPORATED AREA OF SOUTHWEST RANCHES - INITIATE AMENDMENTS TO BROWARD COUNTY LAND USE PLAN & FUTURE UNINCORPORATED AREA LAND USE ELEMENT - PETITIONER, OFFICE OF PLANNING - PETITION NOS. 1-AC-93 THROUGH 8-AC-93 (5- 13) The Board simultaneously discussed proposed land use plan amendments within the unincorporated area of Southwest Ranches for the following: Petition 1-AC-93, Rural Estates; Petition 2- AC-93, Rural Ranches; Petition 3- AC-93, Sonshine Assembly of God; Petition 4-AC-93, St. Paul Lutheran Church; Petition 5- AC-93, New River Baptist Mission; Petition 6- AC-93, Jehovah's Witness; Petition 7- AC-93, Sharon Gardens; and Petition 8- AC-93, Broward County Landfill.

Al Shamoun, Office of Planning, advised that the proposed land use plan amendments are in the southwest part of the county; this is a follow-up to what the Board did in Sunshine Ranches.

Commissioner Parrish said the homeowners association notified all property owners throughout the entire area of the proposed amendments and, her understanding is, 402 affirmative responses and seven negative responses were received. Commissioner Parrish said some of the opposition came from religious facilities because of their concern the amendments might hurt their facilities. Commissioner Parrish said the proposed amendments basically reflect the existing uses of the properties.

With respect to Commissioner Parrish's question regarding the jail, Mr. Shamoun advised that subject property is currently in an industrial land use category which permits a jail.

In response to Commissioner Parrish's inquiry regarding the Broward County Landfill proposed amendment, Mr. Shamoun said the proposal is to designate the s ite in the utility category and have the land use plan map reflect the actual use of the property. Commissioner Parrish said she thought there was to be a linear park by the landfill. Mr. Shamoun said the utility designation would not preclude the aforesaid.

A motion was made by Commissioner Parrish, and seconded by Commissioner Hart, that the Board initiate the following proposed amendments to the Broward County Land Use Plan and the Future Unincorporated Area Land Use Element as submitted, with the ex ception of Petition 6-AC-93, Jehovah's Witness, which was amended to change the acreage from "15.52 + acres" to "25.52+ acres:" Petition 1- AC-93, Rural Estates; Petition 2- AC-93, Rural Ranches; Petition 3- AC-93, Sonshine Assembly of God; Petition 4- AC-93, St. Paul Lutheran Church; Petition 5- AC-93, New River Baptist Mission; Petition 6- AC- 93, Jehovah's Witness as amended as just cited; Petition 7- AC-93, Sharon Gardens; and Petition 8-AC- 93, Broward County Landfill.

Janie Murders, president of Country Estates Homeowners Association, and Frank Pixley, an area resident, advised of their support of initiation of the proposed amendments to the Land Use Plan.

The Chair now called for a vote on the motion and declared the motion 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 p.m.

(This meeting was recorded on cassette 93-10B.)