June 22, 2004
Meeting 10:00 AM
MEETING OF JUNE 22, 2004
(Meeting convened at 10:00 a.m.; recessed at 12:34 p.m.; reconvened at 5:51 p.m. and adjourned at 6:03 p.m.)
PLEDGE OF ALLEGIANCE was led by Howard Foreman, Clerk of the Courts and Vice Mayor Aster Knight, Town of Southwest Ranches.
CALL TO ORDER
CONSENT AGENDA
BOARD APPOINTMENTS
1.A. MOTION TO APPOINT Ms. Lynne Schlitt to serve on the Municipal Services Advisory Board. (Commissioner Rodstrom)
ACTION: (Time-10:14 AM) Approved.
A.MOTION TO REAPPOINT Mr. Anthony C. Krayer, III to the Broward Regional Health Planning Council. (Commissioner Wasserman-Rubin)
ACTION: (Time-10:14 AM) Approved.
AVIATION DEPARTMENT
1.MOTION TO APPROVE revocable license agreement between Broward County and Avis Rent A Car System, Inc. ("Avis"), for a 2.52 acre parcel of unimproved land in the Object Free Area off Runway 9L/27R, adjacent to Avis' leasehold, to satisfy the requirements of the County Landscaping Code, to be effective upon Board approval and terminating on April 25, 2019; with annual revenue of $20,852.16; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
2.A. MOTION TO APPROVE project budget increase by $1,000,000 for Runway 9L-27R overlay (4020-400-3677-6500) for construction, project administration, and contingency. ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-569 within the Aviation Fund for the Aviation Department in the amount of $875,000 for the Runway 9L-27R overlay project. ACTION: (Time-10:14 AM) Approved. C. MOTION TO ADOPT budget Resolution 2004-570 transferring funds within the Renewal and Replacement Fund (4020) for the Aviation Department in the amount of $125,000 from the reserves for Runway 9L-27R overlay construction engineering services. ACTION: (Time-10:14 AM) Approved.
D. MOTION TO APPROVE first amendment to the agreement between Broward County and Tetra Tech Inc. (formerly known as Williams, Hatfield and Stoner, Inc.) (RLI 102201-RB), for professional engineering services for Runway 9L-27R overlay at Ft Lauderdale-Hollywood International Airport increasing the maximum payable amount to Tetra Tech, Inc. by $1,422,897; from $1,714,387 to $3,137,284; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
4.MOTION TO APPROVE agreement of lease between Broward County and Sky Chefs, Inc., for a 2.21 acre parcel at Fort Lauderdale-Hollywood International Airport for the operation of in-flight catering business, to be effective upon Board approval and terminate on the last day of the fifth lease year, with a voluntary 365 day written notice of termination by either party, a minimum capital expenditure of $400,000; and anticipated annual revenue of the greater of a minimum annual guarantee of $285,287.28, or 5% of the annual gross revenues for services provided to airlines, and 1% for lease year one and 2.5% for lease years two through five of the annual gross revenue for services provided to non-airline entities, and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
5.MOTION TO APPROVE Agreement No. 20020208-0-AV-01 for Management of Consolidated Rental Car Fueling Facility at the Fort Lauderdale-Hollywood International Airport between Broward County and Port Consolidated, Inc. for the maximum not-to-exceed amount of $3,553,543; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
PUBLIC WORKS DEPARTMENT
OFFICE OF ENVIRONMENTAL SERVICES
ENVIRONMENTAL ENGINEERING DIVISION
6.MOTION TO APPROVE Tender Agreement between Broward County and United States Fidelity and Guarantee, NKA St. Paul Surety, in the amount of $892,775 for the North Regional Wastewater Treatment Plant (NRWWTP) updating, Bid Package C - Digester Improvements; Contract No. H798172CF; and authorize the Mayor and Clerk to execute same. (BCOES 8624) (Commission District 2)
ACTION: (Time-10:14 AM) Approved.
7.MOTION TO APPROVE fifth amendment to agreement between Broward County and Shah, th Drotos & Associates, P.A. for consultant services for the 35 Avenue Ditch & Forcemain, Broward Estates West, Boulevard Gardens and Melrose Park areas of the Central County Neighborhood Improvement Project, providing for engineering services for design, permitting and construction management of 4,400 linear feet of water main in Melrose Park East, for an increase of $81,285; from $5,554,183; to $5,635,468; and an increase of 228 non-cumulative days, from 1,991 days to 2,219 days, and authorize the Mayor and Clerk to execute the same. (Project No. 1149/8559) (Commission Districts 7, 9)
ACTION: (Time-10:14 AM) Approved.
8.MOTION TO APPROVE Change Order No. 26 to Contract No. 081094RB with Transdyn Controls, Inc. for the construction of the Supervisory Control and Data Acquisition (SCADA) System for a decrease of $3,061,150; from $11,177,071.24, to $8,115,921.24, with no change in contract time; and authorize the Mayor and Clerk to execute same. (Project No. 8335)
ACTION: (Time-10:14 AM) Approved.
OFFICE OF GENERAL SERVICES
REAL PROPERTY SECTION
9.MOTION TO APPROVE utility easement agreement between Broward County and the City of Cooper City, for the construction, operation, and maintenance of underground water and sewer lines through Brian Piccolo Park. The Parks and Recreation Division authorizes Real Property Section to complete this transaction; and authorize the Mayor and Clerk to execute easement agreement, and authorize recordation of same. (Commission District 5)
ACTION: (Time-10:14 AM) Approved.
FLEET SERVICES DIVISION
10.MOTION TO APPROVE agreement between Broward County and Fleetcor Technologies, Inc., to provide comprehensive fuel management services (RLI No. 083001-RB) for the Fleet Services Division, consisting of fuel, and delivery of fuel to County owned vehicle fueling sites, fuel access at more than 100 retail locations throughout Broward County, and fuel dispensing and accounting equipment and services, for a five-year term effective upon execution, at an estimated cost of $1,600,000; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
OFFICE OF PROJECT MANAGEMENT AND CONSTRUCTION
CONSTRUCTION MANAGEMENT DIVISION
11.MOTION TO APPROVE agreement for consultant services for architectural and engineering design services between Broward County and Pierce, Goodwin, Alexander & Linville, Inc. (PGAL) in the amount of $536,650; with a contract time of 387 calendar days and the additional days required for programming, jurisdictional reviews, negotiation of a guaranteed maximum price, administration of the construction contract and the warranty period to allow for the construction of the Lauderhill Library and Cultural Center (RLI 051799-RB), and authorize the Mayor and Clerk to execute same. (Project No. 60X10-99-01) (Commission District 9)
ACTION: (Time-10:14 AM) Approved.
OFFICE OF TRANSPORTATION
ENGINEERING DIVISION
12.MOTION TO APPROVE agreement between Broward County and Craven Thompson & th Associates, Inc. for consultant services for improvements to Pembroke Road (from SW 160 Avenue to th SW 136 Avenue) at a cost to the County not to exceed $1,437,519.40, and a contract time of 17 months; and authorize the Mayor and Clerk to execute the same. (Project No. 5255) (Commission Districts 6, 8)
ACTION: (Time-10:14 AM) Approved.
13.MOTION TO ADOPT Resolution 2004-571 providing for creation of road right-of-way within County owned property and securing the construction and completion of road improvements related to approval of North Lauderdale Neighborhood Library on the Park Parcel within the Kimberly Village - Section Three Plat. (Commission District 9)
ACTION: (Time-10:14 AM) Approved.
TRAFFIC ENGINEERING DIVISION
14.A. MOTION TO APPROVE agreement between Broward County and R.J. Behar & Company, Inc. for consultant services for improvements to the following three intersections: Atlantic Boulevard and Rock Island Road, Hillsboro Boulevard and Military Trail, and Hollywood Boulevard and th North 28 Avenue, RLI No. 20030109-0-TE-01, at a cost to the County not to exceed $384,714.68, and a contract time of 300 days; and authorize the Mayor and Clerk to execute same. (Commission Districts 1,2,4 and 6).
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO APPROVE agreement between Broward County and Miller Legg & Associates, Inc. for consultant services for improvements to the following three intersections: Sheridan Street and Dykes Road, Atlantic Boulevard and State Road 7, and Oakland Park Boulevard and Powerline Road, RLI No. 20030109-0-TE-01, at a cost to the County not to exceed $372,946.76, and a contract time of 300 days; and authorize the Mayor and Clerk to execute same. (Commission Districts 2,4,5 and 8)
ACTION: (Time-10:14 AM) Approved.
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
COUNTY RECORDS DIVISION
15.MOTION TO APPROVE minutes of the 10:00 AM Board of Broward County Commission meeting of May 18, 2004.
ACTION: (Time-10:14 AM) Approved.
HUMAN RESOURCES DIVISION
16.MOTION TO APPROVE first amendment to agreement between Broward County and Continental Casualty (CNA) for optional long-term care insurance, RLI No. 20020502-0-PEB-01, incorporating a new long-term care plan consistent with new State of Florida Office of Insurance Regulation requirements, for the Human Resources Division, and authorize the Mayor and Clerk to execute same. .
ACTION: (Time-10:14 AM) Withdrawn for additional staff review.
PURCHASING DIVISION
For Community Services Department
17.MOTION TO APPROVE release of retainage and final payment in the amount of $18,098.28, to Native Technologies, Inc. for Hillsboro Pinelands Natural Area, Bid No. L403124CF. (Commission District 2)
ACTION: (Time-10:14 AM) Approved.
For Human Services Department
18.MOTION TO AWARD open-end multiple contracts to Marketing Innovators (J.C. Penney); Sears Promotions, LLC (Sears); and Target Corporation GiftCard Team (Target) for Back to School Gift Card Vouchers, Quotation No. F4CHA1002, in the total estimated annual amount of $258,038.60, for the Human Services Department; and authorize the Purchasing Director to renew the contract for a one year period. The initial contract period shall start on June 27, 2004 and terminate on June 26, 2005.
ACTION: (Time-10:14 AM) Approved.
For Port Everglades Department
19.MOTION TO APPROVE release of retainage and final payment in the amount of $136,262 to GLF Construction Corporation for Berth No's. 14 and 15, Wall Stabilization, Bid No. H-3-02-073-CF. (Commission District 4)
ACTION: (Time-10:14 AM) Approved.
For Public Works Department
20.MOTION TO APPROVE release of retainage and final payment in the amount of $151,682.80, st to Weekley Asphalt Paving, Inc. for Sistrunk Blvd. widening from NW 31 Avenue to NW 27th Avenue, Bid No. L-Y-00-243-CF. (Commission District 7)
ACTION: (Time-10:14 AM) Approved.
21.MOTION TO APPROVE release of retainage and final payment in the amount of $7,221.53, to Montgomery Watson Harza for raw water microbial assessment, Work Authorization (W/A) 9504 (Commission Districts 2, 5)
ACTION: (Time-10:14 AM) Withdrawn for additional review at the request of the County Auditor.
RISK MANAGEMENT DIVISION
22.MOTION TO APPROVE first amendment between Broward County and CorVel Healthcare Corporation under RLI No. 012901-RB as the Managed Care Provider for Workers' Compensation pursuant to Florida Statutes, Chapter 440, to include the electronic data Interface service as required by the State of Florida Department of Financial Services upcoming administrative rule 69L-7.602, and authorize the Director of Purchasing to approve renewals of this agreement; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
23.MOTION TO APPROVE full and final settlement of claim SD012001ONEI in the amount of $83,500.
ACTION: (Time-10:14 AM) Approved.
HUMAN SERVICES DEPARTMENT
24.MOTION TO ADOPT Resolution 2004-572 of the Board of County Commissioners of Broward County, Florida; authorizing appropriations and disbursements for providers for Fiscal Year 2004-2005; prescribing requirements and conditions for disbursement of appropriated funds; approving funding for not-for-profit organizations, governmental entities, and for profit organizations for services in the amount of $20,352,499; approving form contracts to be used for execution on behalf of Broward County by the County Administrator; providing for severability; and providing for an effective date.
ACTION: (Time-10:14 AM) Approved, as corrected. (Scrivener's error - See County Administrator's Report: Exhibit 2, page 6 references the outcome column for Seacrest Resource Center. Currently shows N/A and this should be Y which shows that there is an outcome and it is being met.)
25.MOTION TO ADOPT Resolution 2004-573 of the Board of County Commissioners of Broward County, Florida; authorizing disbursements for providers for Fiscal Year 2004-2005; prescribing requirements and conditions for disbursement of appropriated funds; approving funding for not-for-profit organizations for capital projects in the amount of $354,081; adopting form contracts to be used for execution on behalf of Broward County by the County Administrator; providing for severability; and providing for an effective date.
ACTION: (Time-10:14 AM) Approved.
26.A. MOTION TO ADOPT Resolution 2004-574 of the Board of County Commissioners of Broward County, Florida, approving State Housing Initiatives Partnership (SHIP) program funding for Fiscal Years 2003 and 2004; approving the SHIP form agreements for the subgrantees; authorizing the County Administrator to execute the form agreements and anytime extensions, funding, project scope amendments; providing for severability; and providing for an effective date.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-575 within the Broward County Affordable Housing Trust Fund Assistance in the amount of $1,485,314; to recognize program income and recaptured funds for the purpose of funding SHIP strategies for development assistance ($175,000), rental new construction ($600,000), barrier free ($315,600) and roof repair ($394,714).
ACTION: (Time-10:14 AM) Approved.
COMMUNITY DEVELOPMENT DIVISION
27.MOTION TO APPROVE funding agreement from date of execution by County to September 30, 2005, in the amount of $120,000 between Broward County and Broward County Minority Builders th Coalition, Inc. (BCMBC) for the Housing Rehabilitation Program, utilizing 29 Program Year Community Development Block Grant (CDBG) funds, authorizing the Mayor and Clerk to execute same. No additional County funds are required. (Commission Districts 7 and 8)
ACTION: (Time-10:14 AM) Approved.
ELDERLY AND VETERAN'S SERVICES DIVISION
28.MOTION TO ADOPT Resolution 2004-576 of the Board of County Commissioners of Broward County, Florida, approving the use of funds under Contract No. JC004-15-2005, between Broward County and Areawide Council on Aging of Broward County, Inc. for Community Care for the Elderly services for State of Florida Fiscal Year 2004-2005; approving the shell form agreement; authorizing the County Administrator or authorized designee to execute the appropriate agreement and subsequent amendments; providing for an effective date.
ACTION: (Time-10:14 AM) Approved.
29.MOTION TO ADOPT Resolution 2004-577 of the Board of County Commissioners of Broward County, Florida providing for Community Care for the Elderly Adult Day Care services for Fiscal Year 2004-2005; approving the contract shell form; authorizing the County Administrator to execute the appropriate shell contract for each qualified provider; providing for severability; and providing for an effective date. Contract JC004-15-2005 between Areawide Council on Aging of Broward County, Inc. and Broward County will fund these services in the amount of $1,000,000.
ACTION: (Time-10:14 AM) Approved.
30.A. MOTION TO APPROVE Agreement No. JC004-15-2005 between Areawide Council on Aging of Broward County, Inc. and Broward County from July 1, 2004 through June 30, 2005 for the continuation of the Community Care for the Elderly Program in the amount of $8,545,416; and authorize the Mayor to execute same. Total Revenue includes $5,586,876 state dollars; $360,676 Areawide Council on Aging of Broward County, Inc. Cash Match; $125,000 Revenue from Operations; $613,407 County Cash Match; $1,339,124 commission in fees; and $520,333 Sub-contractor In-Kind.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-578 within the State of Florida Grant Fund for the Elderly and Veterans Services Division in the amount of $8,545,416 for the continuation of the Community Care for the Elderly Program.
ACTION: (Time-10:14 AM) Approved.
31.A. MOTION TO APPROVE Agreement No. JH004-15-2005 between Areawide Council on Aging of Broward County, Inc. and Broward County from July 1, 2004 to June 30, 2005 for the provision of Home Care for the Elderly Program services in the amount of $46,431; and authorize the Mayor to execute same.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated Revenue Resolution 2004-579 within the State of Florida Grant Fund for the Elderly and Veterans Services Division in the amount of $46,431 for the Home Care for the Elderly Program services.
ACTION: (Time-10:14 AM) Approved.
C. MOTION TO APPROVE agreement between Broward County and Areawide Council on Aging of Broward County, Inc. from July 1, 2004 to June 30, 2005, for the purpose of defining the Home Care for the Elderly Subsidy Spending Authority for the Elderly and Veterans Division; and authorize the Mayor to execute same.
ACTION: (Time-10:14 AM) Approved.
FAMILY SUCCESS ADMINISTRATION
32.A. MOTION TO POST APPROVE interlocal agreement between City of Fort Lauderdale and Broward County in the amount of $200,000 in Department of Housing and Urban Development (HUD) Home Investment Partnerships (HOME) Program funds, allowing the County to provide a Tenant Voucher Program for homeless families with children and to persons with mental or physical disabilities who are residents of the City of Fort Lauderdale for the purpose of preventing homelessness from October 1, 2003 to September 30, 2005, and authorize the Mayor and Clerk to execute same. No County cash match is required. (Commission Districts 2, 4, 7, and 9)
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT an unanticipated revenue Resolution 2004-580 in the amount of $200,000 within the Tenant Voucher Program fund for the purpose of providing rental subsidies to homeless families with children and to persons with mental or physical disabilities who are residents of the City of Fort Lauderdale.
ACTION: (Time-10:14 AM) Approved.
C. MOTION TO POST APPROVE agreement between Broward County and the Housing Authority of the City of Fort Lauderdale in the amount of $165,000; to implement a Tenant Voucher Program for homeless families with children and to persons with mental or physical disabilities who are residents of the City of Fort Lauderdale for the purpose of conducting fair market assessments, entering into contracts, and providing payments to landlords, from October 1, 2003 to September 30, 2005; and authorize the Mayor and Clerk to execute same. The funding for this agreement is being provided by the City of Fort Lauderdale (HUD) HOME funds. (Commission Districts 2, 4, 7, and 9)
ACTION: (Time-10:14 AM) Approved.
33.A. MOTION TO APPROVE Amendment No.1 to agreement No. 04EA-4P-11-16-01-004 between the State of Florida, Department of Community Affairs and Broward County from the date of execution to March 31, 2005, increasing the amount by $755,550; from $1,238,204 to $1,993,754; for the purpose of providing home energy assistance to low income households of Broward County; and authorize the Mayor and Clerk to execute same. This Agreement requires no County match.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-581 in the Community Action Agency grant fund (LIHEAP grant fund 7480-024-1958 and 1959) in the amount of $755,550; for the purpose of assisting low income households in Broward County with utility payments. This Agreement requires no County match.
ACTION: (Time-10:14 AM) Approved.
C. MOTION TO APPROVE one full-time position Social Worker Aide and Budget Position No. (BPN) for the Family Success Administration Division, Community Action Agency, within the salary range of $19,657 to $32,053. These funds are available through the Low Income Home Energy Assistance Program grant. This position will allow for additional outreach services to low income households with energy assistance needs and information and referral. This position will be exempt, and will expire should the funding cease.
ACTION: (Time-10:14 AM) Approved.
MEDICAL EXAMINER AND TRAUMA SERVICES DIVISION
34.A. MOTION TO APPROVE agreement between Broward County and WESTAT, Inc. in an amount not to exceed $2,500 from date of execution through December 31, 2005, for participation in a childhood drowning study through the Medical Examiner and Trauma Services Division; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-582 within the General Fund 0010 for the Medical Examiner and Trauma Services Division (0010/024/7200/6990), in an amount not to exceed $2,500 for participation in a childhood drowning study.
ACTION: (Time-10:14 AM) Approved.
SUBSTANCE ABUSE AND HEALTH CARE SERVICES DIVISION
35.MOTION TO APPROVE Agreement No. 05-SAHCS-8312-01 between Broward County and the South Broward Hospital District (SBHD) in the amount of $779,851; from July 1, 2004 to June 30, 2005, with two consecutive one-year renewal options, for the provision of Inpatient Psychiatric Services for medically indigent adults of Broward County in mental health crisis; and authorize the Mayor and Clerk to execute same. Funding for this Agreement has been allocated in the Substance Abuse and Health Care Services Division budget. (Commission District 6).
ACTION: (Time-10:14 AM) Approved.
36.MOTION TO APPROVE Amendment No. 1 to Agreement No. 03-HIP-8418-01 between Broward County and Foundations of Broward, Inc., increasing the value of the agreement from $670,898 to $743,886; which is a total increase of $72,988; for the provision of transitional housing services for homeless persons, and authorize Mayor and Clerk to execute same. (Commission Districts 4 and 9)
ACTION: (Time-10:14 AM) Approved.
37.MOTION TO APPROVE Amendment No. 2 to Agreement No. 03-SAHCS-8491-01 between Broward County and United Way of Broward County, increasing the value of the agreement from $96,490 to $113,140; which is a total increase of $16,650 for the provision of administrative oversight of the Florida Department of Enforcement, Edward Byrne State and Local Law Enforcement Assistance Formula Block Grant Program.
ACTION: (Time-10:14 AM) Approved.
COMMUNITY SERVICES DEPARTMENT
ANIMAL CARE AND REGULATION DIVISION
38.MOTION TO ADOPT Resolution 2004-583 of the Board of County Commissioners of Broward County, Florida, approving the contract shell form; authorizing the Director of Animal Care and Regulation Division to execute the appropriate shell contract for veterinary services for adopted pets; providing for severability, and providing for an effective date.
ACTION: (Time-10:14 AM) Approved.
CULTURAL DIVISION
39.A. MOTION TO APPROVE first amendment to the agreement between Broward County and the City of Pembroke Pines for the River of Grass ArtsPark at Academic Village, providing $116,000 in additional funds from the City for the Public Art component of the ArtsPark; and authorize Mayor and Clerk to execute same. (Commission District 6) ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-584 within the Parks and Land Preservation Fund in the amount of $116,000 (3230-025-9232-6201), for the purpose of providing additional funds for the Public Art and Design component of the ArtsPark. ACTION: (Time-10:14 AM) Approved.
DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION
40.MOTION TO APPROVE settlement agreement in the total amount of $8,490 between Broward County and the listed Respondents for a violation of the Broward County Code of Ordinances for the Department of Planning and Environmental Protection (DPEP); and authorize the Mayor and Clerk to execute same. (Commission District 4)
ACTION: (Time-10:18 AM) The Board directed staff to review the settlement agreement and look into penalties more punitive in nature. See Page 38
BIOLOGICAL RESOURCES DIVISION
41.A. MOTION TO APPROVE second amendment to the agreement between Broward County and the firms of Coastal Planning & Engineering, Inc. and Olsen Associates, Inc., operating as a joint venture, for Phase III of coastal engineering consultant services for the Broward County, Segment III, Shore Protection Project, providing for certain pre-construction services, construction oversight, and post- construction engineering and monitoring, increasing the total agreement compensation by $4,666,713; from $4,477,237 to $9,143,950; and authorize the Mayor and Clerk to execute same. (Commission District 6)
ACTION: (Time-10:22 AM) Approved. See Page 41
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-585 within the Beach Erosion Capital Fund (3370-031-3336) in the amount of $2,256,306; to fund the second amendment to the agreement for Phase III of coastal engineering consultant services for the Broward County, Segment III, Shore Protection Project.
ACTION: (Time-10:14 AM) Approved.
WATER RESOURCES DIVISION
42.MOTION TO APPROVE Agreement OT040196 between Broward County and the South Florida Water Management District (SFWMD) to support continued implementation of the County's Water Matters Program at a total cost of $125,000; and a total contract time of 12 months following final execution by the SFWMD Governing Board, and authorize the Mayor and Clerk to execute the same.
ACTION: (Time-10:14 AM) Approved.
PORT EVERGLADES DEPARTMENT
43.MOTION TO APPROVE submission to the Foreign-Trade Zones Board of an Application for Manufacturing under Broward County's Grant of Authority for Foreign-Trade Zone No. 25 on behalf of S.B. Marketing Worldwide, Inc and authorize the Port Director, Port Everglades Department to execute letters to the Foreign-Trade Zones Board to effectuate same.
ACTION: (Time-10:14 AM) Approved, as corrected. (Scrivener's error - See County Administrator's rd Report: In the second paragraph of the Summary Explanation/Background section - 3 sentence€"A recent change€graphics to T-shirts as manipulation manufacturing and not manufacturing manipulation." - Additionally, please insert the word "Only" in front of the word manipulation so that the sentence will now read, "Only manipulation is permitted under €"
44.MOTION TO APPROVE: new five-year Lease Agreement between Broward County and Grand Warehousing and Shipping, Inc., for 5,949 square feet of warehouse space in Bays No. 14 and 15, in Building "E" of Foreign Trade Zone No. 25 at Port Everglades, for the period of five years, effective upon Board approval, with rent in the approximate amount of $300,250 over the lease term; and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:14 AM) Withdrawn at the request of the Lessee.
OFFICE OF BUDGET SERVICES
45.A. MOTION TO ADOPT budget Resolution 2004-586 transferring funds within the General Capital Outlay Fund in the amount of $285,660 for one-time capital projects.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-587 within the General Fund for the Clerk of Courts in the amount of $285,660 for one-time capital projects.
ACTION: (Time-10:14 AM) Approved. 46.MOTION TO ADOPT Resolution 2004-588 providing for proposed Fiscal Year 2004 non-ad valorem assessment rates for the Fire Rescue Municipal Service Taxing Unit (MSTU), to transmit the proposed rates to the Property Appraiser's Office for inclusion on the Notice of Proposed Property Taxes, and to set the Public Hearing to adopt the non-ad valorem assessment for September 14, 2004 at 5:01 PM at the Broward County Governmental Center.
ACTION: (Time-10:14 AM) Approved.
OFFICE OF URBAN PLANNING AND REDEVELOPMENT
COMMUNITY CODE COMPLIANCE DIVISION
47.MOTION TO DIRECT County Attorney's Office to draft an Ordinance amending Chapters 8 ½ and 12 of the Broward County Code of Ordinances to provide for the issuance of storage permits for explosives and enforcement.
ACTION: (Time-10:14 AM) Withdrawn for further staff review.
COUNTY AUDITOR
48.MOTION TO DIRECT County Attorney's Office to draft an amendment to the Broward County Code of Ordinances, and a Resolution amending the Broward County Administrative Code, to recognize the County Auditor as an additional County official authorized to receive reports of alleged wrongdoing [and retaliation complaints] pursuant to the whistle-blower Ordinance.
ACTION: (Time-10:14 AM) Withdrawn at the request of the Mayor for further discussion by the County Attorney and County Auditor.
COUNTY ATTORNEY
49.MOTION TO AUTHORIZE County Attorney, in conjunction with other counties and/or the Florida Association of Counties, to file, enter, or provide litigation support for a lawsuit challenging the constitutionality of Chapter 2004-263, Laws of Florida, which, effective October 1, 2004, mandates that counties pay the cost of juvenile detention pending adjudication of criminal charges.
ACTION: (Time-10:14 AM) Approved.
50.MOTION TO APPROVE Settlement in the amount of $20,000; including costs and attorney's fees, in the case of Nicholas DelBone v. Broward County, FMCS No. 03-0910-52781-3.
ACTION: (Time-10:14 AM) Approved.
51.A. MOTION TO ADOPT Resolution 2004-589 approving and authorizing a settlement agreement between Broward County, the City of Hollywood, P.E. Land Holdings, L.L.C., Florida East Coast Industries, Inc. and Flagler Development Company.
ACTION: (Time-10:14 AM) Approved.
B. MOTION TO APPROVE settlement agreement among Broward County, City of Hollywood, P.E. Land Holdings, L.L.C., Florida East Coast Industries, Inc. and Flagler Development Co.
ACTION: (Time-10:14 AM) Approved.
COUNTY COMMISSION
52.MOTION TO FILE City of Lauderdale Lakes Resolution 04-61, dated May 25, 2004, recommending approval of Darmax Properties, Inc.'s request to amend the Broward County Land Use Plan to change the land use designation of the vacant property located two blocks rd rd south of Oakland Park Boulevard., between NW 43 Terrace and NW 43 Avenue, from medium residential (16 dwelling units per acre) to commercial; providing for directions to the Director of Community Development; providing for the adoption of representations; providing an effective date. (Mayor Lieberman)
ACTION: (Time-10:14 AM) Approved.
53.MOTION TO FILE City of Lauderdale Lakes Resolution 04-71, dated May 25, 2004, supporting the recommendation of the community bus committee for an allocation of $750,000 by the Board of County Commissioners of Broward County, to fund the purchase of additional buses to augment the County's mass-transportation efforts; providing for instructions to the City Clerk; providing for the adoption of representations; providing an effective date. (Mayor Lieberman)
ACTION: (Time-10:14 AM) Approved.
54.MOTION TO FILE City of Oakland Park Resolution R-2004-071, dated June 2, 2004, approving and authorizing the appropriate City officials to submit a letter of intent to Broward County and Broward Legislative Delegation, requesting to appear on the August 31, 2004 ballot for the annexation of North Andrews Gardens. A copy of the letter of intent is attached as exhibit "A"; approving proposed annexation policies, a copy of the proposed annexation policies are attached as exhibit "B"; providing for conflict; providing for severability; providing for an effective date. (Mayor Lieberman)
ACTION: (Time-10:14 AM) Approved.
55.MOTION TO FILE City of Weston Resolution 2004-84, dated June 7, 2004, authorizing a monetary contribution in the amount of $50,000 to the Broward County Board of County Commissioners, to be utilized for the development of a dog park within Markham Park. (Mayor Lieberman)
ACTION: (Time-10:14 AM) Approved.
56.MOTION TO SUPPORT placement of Hollywood Garden Club & Hammerstein House on the National Register of Historic Places. (Mayor Lieberman)
ACTION: (Time-10:14 AM) Approved.
REGULAR AGENDA
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PUBLIC HEARING
57.MOTION TO APPROVE Contract for Sale and Purchase between Joseph E. Gehl and Hillsboro Property LLC and Broward County, in the amount of $2,455,000 for the purchase of Conservation Land known as Sites 33A.1 and 33A.2 (7.421 acres or 323,288 square feet) vacant land in the Broward County Land Preservation Inventory; located along the south side of Hillsboro Boulevard, approximately 930 feet west of Lyons Road, City of Coconut Creek, Florida; authorize Real Property Section to acquire this property using GOB Safe Parks and Land Preservation Bond Issue funds; and authorize the Mayor and Clerk to execute an Amendment to the Contract for Sale and Purchase, and authorize acceptance and recordation of Deeds. (Commission District 2).
ACTION: (Time-10:28 AM) Approved, as amended, with the purchase being subject to getting estoppel letters from all lienholders and the purchase price is not to be increased for the purpose of paying off liens, with the owner paying the difference. See Page 46
END PUBLIC HEARING
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SAFE PARKS AND LAND PRESERVATION BOND PROGRAM
58.MOTION TO ADOPT unanticipated revenue Resolution 2004-590 within the Safe Parks and Land Preservation Bond Fund (3230) for the Parks and Recreation Division, in the amount of $5,063,000 for reimbursement of costs associated with Central Broward Regional Park. (Commission District 9)
ACTION: (Time-10:33 AM) Approved. See Page 50
59.A. MOTION TO APPROVE interlocal agreement between Broward County and the Town of Southwest Ranches for the acquisition, improvement, enhancement, operation and management of Open Space Sites OS-55/OS-104; and authorize the Mayor and Clerk to execute same. (Commission District 8)
ACTION: (Time-10:34 AM) Approved. See Page 51
B. MOTION TO APPROVE transfer of funds to the Town of Southwest Ranches in the amount of $3,026,911.30; for the acquisition of real property referred to as Southwest Meadows Sanctuary (OS-55/OS-104) in the Broward County Open Space Inventory under the Safe Parks and Land Preservation Bond program. (Commission District 8)
ACTION: (Time-10:34 AM) Approved. See Page 51
60.A. MOTION TO APPROVE interlocal agreement between Broward County and the Town of Southwest Ranches for the acquisition, improvement, enhancement, operation and management of Open Space Site OS-107; and authorize the Mayor and Clerk to execute same. (Commission District 8)
ACTION: (Time-10:34 AM) Approved. See Page 51
B. MOTION TO APPROVE transfer of funds to the Town of Southwest Ranches in the amount of $1,151,944.36; for the acquisition of real property referred to as Frontier Trails Park (OS-107) in the Broward County Open Space Inventory under the Safe Parks and Land Preservation Bond program. (Commission District 8)
ACTION: (Time-10:34 AM) Approved. See Page 51
61.A. MOTION TO ADOPT unanticipated revenue Resolution 2004-591 within the Parks and Land Preservation Capital Outlay Fund (Fund 3230) in the amount of $113,441,172; to recognize the proceeds of the Series 2004 Parks and Land Preservation General Obligation Bonds, to reconcile the sources and uses of bond funds against the existing project budget, and to recognize the transfer of debt service funds to retire commercial paper notes issued to finance the projects on an interim basis. ACTION: (Time-10:35 AM) Approved. See Page 52
B. MOTION TO ADOPT unanticipated revenue Resolution 2004-592 within the Parks and Land Preservation Debt Service Fund (Fund 2430) in the amount of $861,118; to transfer available debt service funds for the retirement of commercial paper notes.
ACTION: (Time-10:35 AM) Approved. See Page 52
C. MOTION TO ADOPT unanticipated revenue Resolution 2004-593 within the Commercial Paper Fund (Fund 0240) in the amount of ($449,300) to reduce the budget in order to properly record the retirement of commercial paper notes issued for Parks and Land Preservation projects.
ACTION: (Time-10:35 AM) Approved. See Page 52
AVIATION DEPARTMENT
62.A. MOTION TO APPROVE first amendment to agreement between Broward County and Landrum & Brown (RLI No. 20030325-0-AV-01) for the completion of the revised Environmental Impact Statement (EIS) for the proposed extension of Runway 9R/27L at Fort Lauderdale-Hollywood International Airport (FLL), in an amount not to exceed the sum of $6,837,113; from $141,840 to $6,978,953; for a period of three years, with two, one-year options, commencing on November 4, 2003 (as set in original agreement) and terminating on December 31, 2006, unless otherwise extended by the Board of County Commissioners as described herein, and authorize the Mayor and Clerk to execute same.
ACTION: (Time-10:35 AM) Approved, as amended, with Landrum & Brown and the County Attorney's office looking into Task 11.4.2, in perpetuity, to address the appropriate economic considerations given to residents with respect to the 3 percent Save Our Homes cap on the residents next home they buy, if they are forced to move.
In addition, the Board requested Mr. Schneiderman, Esq., Foley & Lardner, to look at all aspects of the EIS process and report back to the Board with any recommendations necessary.
The Board also requested that future meetings be scheduled outside regular working hours so members of the public could attend, as well as allowing the public an opportunity to e-mail their comments or questions in and get a response, with the consultant able to view these e-mails.
Furthermore, the Board requested a report by June 29, 2004 showing the statistics on noise levels in early morning hours for the Town of Davie, so nighttime restrictions could be considered, as well as engine noise run-ups. See Page 53
B. MOTION TO APPROVE budget increase for project titled Runway Implementation Plan- Environmental Impact Statement at Fort Lauderdale-Hollywood International Airport within the Facilities Improvement and Development Fund for the Aviation Department in the amount of $6,978,953; (subject to approval by the FLL Airline Airport Affairs Committee) for inclusion in the Fiscal Year 2004 Capital Improvement Program (4040-400-3744-6510).
ACTION: (Time-10:35 AM) Approved. See Page 53
C. MOTION TO ADOPT unanticipated revenue Resolution 2004-594 within the Facilities Improvement and Development Fund for the Aviation Department in the amount of $6,978,953; for the Environmental Impact Statement. The Environmental Impact Statement will be funded with an FAA Airport Improvement Program Entitlement Grant ($5,234,215), Florida Department of Transportation grant ($872,369), and Airport System Revenue bonds ($872,369).
ACTION: (Time-10:35 AM) Approved. See Page 53
63.MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Chapter 2, "Airports and Aircraft," and Chapter 8 ½, "Code Enforcement," Broward County Code of Ordinances, to add provisions (1) requiring owners of animals to maintain control of said animals in Airport terminals and adjacent areas; (2) prohibiting the placement of unattended articles in the Airport terminals and adjacent areas; (3) requiring the return of SIDA badges from furloughed employees; (4) prohibiting smoking on the Airport Operations Area; (5) adding additional security requirements for North Perry Airport; and including additional code enforcement penalties for applicable violations.
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
64.A. MOTION TO APPROVE updated Airport Layout Plan (ALP) for Fort Lauderdale- Hollywood International Airport (FLL) depicting the new proposed extended south runway, Runway 9R- 27L.
ACTION: (Time-12:21 PM) Tabled to later in the meeting. See Page 108
ACTION: (Time-5:53 PM) Due to a tie vote, this item was rolled over to June 29, 2004. See Page 117
B. MOTION TO AUTHORIZE Aviation Department to transmit an updated Airport Layout Plan (ALP) and the "County's Objective Statement" for Fort Lauderdale-Hollywood International Airport (FLL) to the Federal Aviation Administration (FAA) for approval of modifications associated with the new proposed extended south runway, Runway 9R-27L.
ACTION: (Time-12:21 PM) Tabled to later in the meeting. See Page 108
ACTION: (Time-5:53 PM) Due to a tie vote, this item was rolled over to June 29, 2004. See Page 117
FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT
HUMAN RESOURCES DIVISION
65.MOTION TO APPROVE Request for Letters of Interest (RLI) No. 20040315-0-PEB-02 to provide group health insurance coverage beginning January 2005.
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
66.MOTION TO APPROVE Agreement between Broward County and Deloitte & Touche LLP for General Benefit Consulting Services, RLI No. 20040315-0-PEB-01, in an amount not to exceed $519,500; for specified tasks on an as needed basis, and reimbursables not to exceed $30,000; for a total not to exceed $549,500; and an additional not-to-exceed amount of $100,000 for Ad Hoc services for the Human Resources Division; authorize the Purchasing Director to renew for two one-year terms, and authorize the Mayor and Clerk to execute same. The initial term of this agreement shall begin upon date of execution and shall end on December 31, 2005.
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
PURCHASING DIVISION
For Office of Urban Planning and Redevelopment
67.MOTION TO APPOINT Selection/Negotiation Committee (S/NC) to recommend the most qualified firms to construct single-family homes in the Central County Area for the Office of Urban Planning and Redevelopment, and approve Request for Letters of Interest (RLI) No.20040519-0-EQ-01. (Commission Districts 7 and 9)
ACTION: (Time-6:02 PM) Approved the following to serve on the Selection/Negotiation Committee: Commissioners Eggelletion and Rodstrom; Director, Office of Urban Planning and Redevelopment (Chair); Director, Office of Economic Development; Director, Human Services Department. Plus, administrative support staff from the offices of the County Attorney, County Auditor, Equal Opportunity, Risk Management, Purchasing and the requesting agency. See Page 124
PLANNING SERVICES DIVISION
68.MOTION TO FIND application 04-RF-01 for the allocation of 67 flexibility units in the City of Fort Lauderdale compatible with adjacent uses, and that impacts upon public school facilities have been adequately considered. (Commission District 9)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
69.MOTION TO FIND application 04-RF-05 for the allocation of 26 reserve units in the Town of Davie compatible with adjacent uses, and that impacts upon public school facilities have been adequately considered. (Commission District 7)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
70.A. MOTION TO ADOPT Resolution 2004-595 approving the City of Lauderhill Findings of Necessity Report for the Central Lauderhill Community Redevelopment Area, and delegating to and conferring upon the City certain powers to create a Community Redevelopment Agency (CRA) and prepare a Community Redevelopment Plan, with the understanding that County financial participation through any form of financing shall not be conveyed through this action until such time as an Interlocal Cooperation Agreement to establish the terms and conditions for County investment in specific, time- certain redevelopment projects, consistent with an approved Community Redevelopment Plan, has been successfully negotiated. (Commission Districts 1 and 9)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
B. MOTION TO ADOPT Resolution 2004-596 approving the City of Lauderhill Findings of Necessity Report for the State Road 7 (U.S. 441) Corridor Community Redevelopment Area, and delegating to and conferring upon the City certain powers to create a Community Redevelopment Agency (CRA) and prepare a Community Redevelopment Plan, with the understanding that County financial participation through any form of financing shall not be conveyed through this action until such time as an Interlocal Cooperation Agreement to establish the terms and conditions for County investment in specific, time-certain redevelopment projects, consistent with an approved Community Redevelopment Plan, has been successfully negotiated. (Commission Districts 1 and 9)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
OFFICE OF PUBLIC AND GOVERNMENTAL RELATIONS
th 71.DISCUSSION AND STAFF DIRECTION: Federal lobbying for the 109 Congress.
ACTION: (Time-6:03 PM) Approved. See Page 125
COUNTY AUDITOR
72.A. MOTION TO FILE County Auditor's report on the Review of PT-19, Will-Call, Seasonal, Temporary and Student Employees and the County Administrator Response.
ACTION: (Time-5:51 PM) Approved. See Page 116
B. MOTION TO ADOPT County Auditor's recommendations contained in the report.
ACTION: (Time-5:51 PM) Approved. See Page 116
COUNTY ADMINISTRATION
73.MOTION TO APPOINT County Commissioner to the Management and Efficiency Study Committee.
ACTION: (Time-5:52 PM) The Board appointed Mayor Lieberman to serve on the Management and Efficiency Study Committee. See Page 116
74.MOTION TO NOTE for the record the appointment of Carole Andrews to the Management and Efficiency Study Committee as the School Board appointee.
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
COUNTY COMMISSION
75.MOTION TO APPROVE use of County District Commissioner Discretionary Bond funds for any appropriate activity under the Bond program. (Commissioner Scott)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
76.MOTION TO APPROVE naming the Children's Section of the Hallandale Beach Library after Arnold and Joanne Lanner. (Commissioner Gunzburger)
ACTION: (Time-10:14 AM) Approved. (Transferred to the Consent Agenda.)
77.MAYOR'S REPORT
ACTION: (Time-6:03 AM) No report was given.
78.COUNTY COMMISSION LIAISON REPORT
ACTION: (T-6:03 PM) No report was given.
79.COUNTY ADMINISTRATOR'S REPORT
ACTION: (T-6:03 PM) No report was given.
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MEETING/WORKSHOP NOTICE
SELECTION/NEGOTIATION COMMITTEE ENVIRONMENTAL SERVICES AT FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT RLI No. 20040225-0-AV-01 ND Tuesday, June 22 , in Room 430 at 9:30 AM
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THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS MEETING OF JUNE 22, 2004 10:00 A.M.
A meeting of the Broward County Commissioners of Broward County, Florida was held in Room 422 of the Government Center, Ft. Lauderdale, Florida, at 10:00 a.m., Tuesday, June 22, 2004.
The following members were present: Mayor Ilene Lieberman, Vice-Mayor Kristin D. Jacobs, Commissioners Diana Wasserman-Rubin, Lori Nance Parrish, Ben Graber, Suzanne N. Gunzburger, Josephus Eggelletion, Jr., James E. Scott, John E. Rodstrom, Jr.
CALL TO ORDER
MAYOR LIEBERMAN: Ladies and gentlemen, I would like to call our June 22nd, 10:00 a.m. meeting to order. This morning, I'm going to ask our Clerk of the Courts, Howard Forman and Vice Mayor Aster Knight of the Town of Southwest Ranches to lead us in the Pledge.
As they're coming forward, I ask you to reflect in your thoughts today, James Hendry, who is the son of Broward County employee, Gary Hendry, OIT Administration. James was wounded in Iraq last Wednesday. He was in a vehicle that was bombed. He suffered ruptured eardrums and minor shrapnel wounds.
He has, thankfully -- he's been released from the hospital and has e-mailed his parents outlining the details of the event. His stepmother is Sharon Blodgett who works in Broward County Benefits. I want each and every one of us to include James in our thoughts this morning and to let his parents know that we are thinking of them and hoping that he returns home safely and healthy and happy to his family here in Broward County. With that...
PLEDGE OF ALLEGIANCE was led by Howard Foreman, Clerk of the Courts and Vice Mayor Aster Knight, Town of Southwest Ranches.
MAYOR LIEBERMAN: Thank you. You may be seated. Somebody played with my chair. All right.
CONSENT AGENDA
MAYOR LIEBERMAN: Good morning, ladies and gentlemen. This morning, this morning, our Consent Agenda consists of Items 1 through 56. I am transferring to Consent the following items, unless any Commissioner objects: Items 63, 65, 66, 68, 69, 70, 72, 74, 75, and 76. Okay. You can look at those while working through everything.
In addition, the following items are withdrawn: Item Number 16, Item Number 21, Item Number 44, Item Number 47, and Item Number 48 have all been withdrawn from the agenda this morning.
You have scrivener errors for Item Number 24 and Item Number 43.
There are some of you who are here to hear some items on our 2:00 p.m. agenda, which are Items 15, 16, 17, and 18 from a previous 10:00 a.m. agenda, but they are on the 2:00 p.m. agenda contingent upon the passage of Item 1 on our 2:00 p.m. agenda.
Secondly, I've received a number of sign-ins for Items Number 62 and 64. If you are planning on speaking on Item 62 or 64, if you go over to the side of the dais near Brad Seff - Brad, raise your hand -- there is a little form that looks like this (indicating). We ask that you fill these forms out so that I have the names of the individual who will speak. Every speaker will have three minutes. I will call you and ask you to move to the front of the agenda -- front of the chambers once your name has been called.
We have a very lengthy agenda. If we do not finish this morning's agenda at 12:30, we would like to recess our agenda at 12:30 so that the commission may have a break for lunch and then we would have our 2:00 meeting and we would continue the items from the 10:00 o'clock meeting after the 2:00 p.m. meeting. Okay.
That being said, any pulls, Commissioner Graber?
COMMISSIONER GRABER: I have none, Madam Mayor.
MAYOR LIEBERMAN: Commissioner Gunzburger?
COMMISSIONER GUNZBURGER: None.
MAYOR LIEBERMAN: Commissioner Parrish?
COMMISSIONER PARRISH: No, but if you're transferring all that to consent, I wanted to tell Commissioner Gunzburger what a nice thing I thought she did on Item Number 76 to name the children's section for Arny and Joan Lander.
MAYOR LIEBERMAN: Ditto.
COMMISSIONER PARRISH: And I thought that was a nice thing and I wanted to say you're very sweet. And I agree with you.
MAYOR LIEBERMAN: Ditto.
COMMISSIONER PARRISH: And also I object -- I object to 72 going on Consent.
MAYOR LIEBERMAN: Okay. So 72 will not go on Consent. Seventy-two will stay on the Regular Agenda.
COMMISSIONER PARRISH: Just because I want to just --
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: I want the county, in light of Commissioner -
MAYOR LIEBERMAN: Not a problem.
COMMISSIONER PARRISH: - the Vice Mayor's questions, I want to hear the explanation.
MAYOR LIEBERMAN: Not a problem. That's why I said I'll transfer them unless the commission objects.
COMMISSIONER PARRISH: Oh, can we tell Number 70, say congratulations to Lauderhill.
MAYOR LIEBERMAN: Yes.
COMMISSIONER PARRISH: To their public/private partners.
MAYOR LIEBERMAN: I will if nobody pulls it.
COMMISSIONER PARRISH: Okay.
MAYOR LIEBERMAN: Okay. Commissioner Rodstrom, any pulls?
COMMISSIONER RODSTROM: Just a comment on Item 24. I recognize the fact that -- and I compliment the folks for including more money for juvenile dependency and drug abuse. I do appreciate that. Thank you.
MAYOR LIEBERMAN: Okay. Let me see. Commissioner Scott? Commissioner Eggelletion?
COMMISSIONER EGGELLETION: No.
MAYOR LIEBERMAN: Commissioner Wasserman-Rubin?
COMMISSIONER WASSERMAN-RUBIN: Just a comment on Item 60. It's a perfect example of intra-municipal cooperation. This is an issue that involves the City of Pembroke Pines and the Town of Southwest Ranches for the benefit of both, and they worked well together in the sand box, and I'm very proud of both cities. Thank you.
AGENDA ITEM 51
MAYOR LIEBERMAN: Thank you. I have a question on 51. Mr. Dion, you were going to check, we discussed yesterday because the agreement is requiring us to have tenants pay pass through and my understanding is only one of the two existing tenants, Chiquita has the pass through and the lease. Toyota doesn't have it in their lease.
MR. DION: That's correct. And I checked with the agreement, and the agreement specifically excludes the Toyota provision.
MAYOR LIEBERMAN: Okay.
MR. DION: -- unless they're paying more than 30 cents a square foot, which they are not doing. So they do not have to pay. We've checked with the city. The city understands that they are not paying until we renew their agreement in approximately four years.
MAYOR LIEBERMAN: Okay. Then as long as those comments are a part of the record for 51, I don't have an objection.
MR. DION: Okay.
MAYOR LIEBERMAN: Okay. Is there any -- Vice Mayor, sorry?
VICE MAYOR JACOBS: It's all right.
MAYOR LIEBERMAN: I'm sorry.
VICE MAYOR JACOBS: It's okay. I'm the only one that has an item to pull and that's Item 40, and then additionally if you wouldn't mind repeating those issues or those items that you are transferring to consent. I wasn't able to get them.
MAYOR LIEBERMAN: I will do that again. Item 63, 65, 66, 68, 69, 70, 74, 75, 76.
VICE MAYOR JACOBS: Thank you.
MAYOR LIEBERMAN: Is there anyone who objects to any of those items going to Consent?
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: No, I pulled it because you did.
VICE MAYOR JACOBS: No, I did want to discuss that item. I didn't have it listed.
MAYOR LIEBERMAN: Okay so is there anyone in our chambers who has heard the items that are but to pass without discussion who wants any of those pulled for discussion? If you do, please come forward and tell us your name.
MR. CLARK: My name is Daniel Clark. We ask that 41 be pulled from the Consent Agenda.
MAYOR LIEBERMAN: Okay. Forty-one is pulled by Daniel Clark. Are there any other items? Okay. We have a motion by the Vice Mayor to approve the consent agenda, seconded by Commissioner Rodstrom. Any discussion?
Hearing none, all those in favor signify by saying aye.
All opposed.
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 70
MAYOR LIEBERMAN: And now for a very quick word of thanks. Vice Mayor Aster Knight, followed by the Assistant City Manager in the City of Lauderhill, Desiree Giles Smith. Vice Mayor, you're recognized. You asked if it passed Consent to say a few words.
VICE MAYOR KNIGHT: Yes, thank you very much for the opportunity for coming to speak before you. Actually the Town of Southwest Ranches is very, very grateful for what the commission and the bond issue has done in helping us to maintain our lifestyle and create something for the future of our generation. Thank you very much for all that you have done for us, and we hope that we will be partners in many more issues in the future. Thank you.
MAYOR LIEBERMAN: You're welcome, and nice job on your two CRA's.
MS. GILES-SMITH: Thank you, Mayor Lieberman. On behalf of the city commission -
MAYOR LIEBERMAN: Who are you?
MS. GILES-SMITH: Oh, I'm sorry, I am Desiree Giles-Smith from the assistant city manager, City of Lauderhill and on behalf of the city commission, our residents, and our city manager, we'd like to say thank you to all of you for your help with our CRA, and we look forward to working with Mr. Desjarlais and Mrs. Henry in the future.
MAYOR LIEBERMAN: Thank you. And before we begin discussion on the items, I notice we have a new addition to the dais.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: Yes, we love your Christmas cards. And now, because I see some people here we've not seen before, Vice Mayor, would you like to introduce who you have?
VICE MAYOR JACOBS: Thank you, Mayor. Yes, I have Laura Arce, who is an intern in our office today and she is quite an extraordinary young woman. She came to us from Columbia with her family five years ago as a political refugee. She recently graduated from Broward - BCC - Broward Community College with a degree in economics. She was named to the All American Team as one of the best students in the United States, and she'll be attending FIU in the fall. So welcome, Laura.
MAYOR LIEBERMAN: Congratulations.
VICE MAYOR JACOBS: Congratulations. Such a wonderful trip through the beginning of your life.
(Applause.)
VICE MAYOR JACOBS: Laura actually volunteered that she would scrub floors if that's what we wanted her to do in our office and we told her no, that wouldn't be necessary.
MAYOR LIEBERMAN: And also for an introduction we have Commissioner Diana Wasserman- Rubin.
COMMISSIONER WASSERMAN-RUBIN: Thank you, ladies and gentlemen. I'd like to introduce you to my summer intern, Matt Tuckman. He's standing right over there. Matt is a graduate of American Heritage High School, and he is attending (humming) FSU, and we will allow that to happen in a strictly Hurricane office, that's okay. Matthew has been very helpful.
COMMISSIONER RODSTROM: Madam Mayor.
MAYOR LIEBERMAN: Is there anyone has to introduce?
Commissioner Rodstrom.
COMMISSIONER RODSTROM: I just want to introduce Alex Moe, our summer intern who is on the dais this morning as well.
MAYOR LIEBERMAN: Well, welcome to all our summer interns. We're glad to have you. We hope -
COMMISSIONER PARRISH: Mine is out working in my district.
MAYOR LIEBERMAN: We hope that when you go through college you remember what a wonderful calling it is to serve in public service.
COMMISSIONER PARRISH: Would you introduce Richard.
MAYOR LIEBERMAN: He's not a summer intern.
COMMISSIONER PARRISH: But he's in the audience.
MAYOR LIEBERMAN: And we hope that you will consider public service and that you take some courses and come back to us hopefully to join our ranks at some time in the future. That being said, there are two items to be discussed this morning from the Consent Agenda.
AGENDA ITEM 40
MAYOR LIEBERMAN: The first item is Vice Mayor Jacobs, Item Number 40.
VICE MAYOR JACOBS: Thank you, Mayor. I pulled Item 40 because it's been quite a while since we had a discussion over those settlements by our staff. And it seems to me that we're kind of doing the backwards slide, and that is going back to violations of our ordinances that become just the cost of doing business. If you look at the settlement offer here and you look at what the problem was, this company went and yanked out without a permit 36 palm trees and two -- I don't remember what kind, shade trees, sea grape trees without a tree removal license. So guess what their punishment is? They have to put back 36 palm trees and two trees, two shade trees, in addition to a penalty of $8,000.
It would seem to me in their urgency to start a project, $8,000 in the overall scheme of construction is but a drop in the bucket and is worth spending the money and so I don't think that they have - staff has adequately reached a negotiation and I would like to make a motion to send this back to staff to come back with something that seems a little more punitive in nature.
MAYOR LIEBERMAN: Okay. We have a motion by the Vice Mayor. Is there a second?
COMMISSIONER PARRISH: Second.
MAYOR LIEBERMAN: We have a second by Commissioner Parrish.
COMMISSIONER PARRISH: But I'm only seconding it for discussion.
MAYOR LIEBERMAN: Okay. Did you want to discuss it for a minute.
Commissioner Parrish, you're recognized.
COMMISSIONER PARRISH: I couldn't agree more with the Vice Mayor. The issue is, is once we became single-member districts, see, my philosophy was that if our penalties were modest, then removing trees and these kind of things would become very routine because of what happened in Southwest Broward, and it happened to the Mayor up in Coral Springs. If you remember, so, we took a penalty that was modest and made it pretty pricey, and I think it sent a strong message to that developer that, you know, three times we had thought that the company was just considering this a cost of doing business.
When they replace like 12 trees with 12 trees, it's not 12 mature trees with 12 mature trees. It's 12 baby trees that replace 12 mature trees that are rooted, and like with palms, probably those large trees had survived hurricanes and were better acclimated. So I couldn't agree with you more, but I also don't know how much effort the District Commissioner may or may not have put into the effort, and so it's like I'm hesitant to vote against the District Commissioner.
(COMMISSIONER EGGELLETION LEFT THE ROOM.)
MAYOR LIEBERMAN: Okay. Vice Mayor.
VICE MAYOR JACOBS: Madam Mayor, thank you. With all due respect to the District Commissioner, thumbing your nose at county ordinances is not a district issue. So, you know, I stand by my motion. I think that we -- we have, in the past, made some great strides in making sure that anyone who is coming and in need of a permit for Broward County, that they go through the process to get a permit. To decide to not get a permit, as a developer or builder, you surely know that you must have a permit to remove trees. This is not news particularly with this board. So, again, I ask you to support the motion, ask staff to go back and come back with a better settlement.
COMMISSIONER SCOTT: Mayor.
MAYOR LIEBERMAN: We have a motion and a second.
Commissioner Scott.
COMMISSIONER SCOTT: Well, this is my district, but on this type of matter, frankly, I think that trees are important to all of us.
COMMISSIONER PARRISH: Oh, good. Yeah.
COMMISSIONER SCOTT: Wherever they are, and I think that maybe the staff should re-review this. I'm often hesitant to get into the penalty phases on things like this, but if Commissioner Jacobs thinks it's appropriate, then it's fine with me.
VICE MAYOR JACOBS: Thank you, Commissioner.
MAYOR LIEBERMAN: We have a motion. We have a second. Any discussion?
COMMISSIONER PARRISH: Well --
MAYOR LIEBERMAN: We have a motion. We have a second.
COMMISSIONER PARRISH: Just --
MAYOR LIEBERMAN: We have a motion.
COMMISSIONER PARRISH: The staff, as a guideline, may take a look at what they told us we could not be successful in in Pembroke Pines and were and use that as a guideline on this issue, just as a suggestion.
MAYOR LIEBERMAN: Okay. We have a motion. We have a second.
All those in favor signify by saying aye.
All those opposed.
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
VICE MAYOR JACOBS: Thank you, Commissioners.
AGENDA ITEM 41
MAYOR LIEBERMAN: Item Number 41 was pulled by Dan Clark. Dan, if you'll come forward. Item Number 40 passed unanimously.
MR. CLARK: Thank you, Commissioner. My name is Daniel Clark. I'm the director of the conservation group called Cry of the Water. I live in Coral Springs. I'm here to speak to you about 41. Item 41 is double - virtually double, a little more than double the amount of money being paid to consultants of the Broward County Beach Project, Segment III. That would be the piece south of Port Everglades. There's some issues that we've tried to bring to your attention in the past.
What I'd like you all to do is, I'd like to have a meeting with your people.
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
MR. CLARK: I'd like you to defer this thing. I hate to see you double the fee that you're going to pay for consultant's fees and still not address all the issues that have come up in order to get your permits. One of them being the composition of the sand and material coming out of these borrow pits. We had a study done by Dr. S. Wong, the University of Miami, I think you guys should see this.
Another issue as well is some of the alternatives, land base sources of erosion. You've got lots of problems, Fort Lauderdale Beach and other places where there is drainage and roads and such that went out across the beach that are washing away your beaches. You're going to have to deal with this stuff in order to get federal funding.
Another issue is the current water quality crisis we're having. We were out last Monday. We've got divers out taking pictures. This is what's going on in the reef in the borrow pits. This is going to become an issue with this project. I would like a chance -- I'd like somebody up here on the dais to show some leadership and defer this thing until the next meeting so we can meet with you and show you some of these issues. There's not time for me to do this in the couple of minutes allotted to us here.
MAYOR LIEBERMAN: Thank you.
MR. CLARK: The timer is not going so I don't know what my time frame is.
MAYOR LIEBERMAN: No, I'm timing you on my watch. If you want to quickly sum up, you have about another 30 seconds.
MR. CLARK: Yes, ma'am, I would like to chance to meet with you. I don't want to see you sign contracts and still not be able to meet the obligations that are needed in order for you to get the permits you are going to need for this project. If you give us a chance to sit down and work with you, perhaps we can get together and discuss some of these things and make sure that this go around, since you're paying double what you were paying, now you're paying over $9,000,000 that at least you can get what you need to go on with what you're trying to do. I don't believe you're going to give me a chance to do that. I believe what the conversation is going to be like every time I've stood here before you, you're going to say you've done enough for this beach project, but that obviously isn't true because we're here today. Thank you.
MAYOR LIEBERMAN: Thank you. Okay. Is there anyone else from the public who is here to speak on this item? Seeing none, the public is closed. Mr. Desjarlais, you asked to be recognized?
MR. DESJARLAIS: No, ma'am.
MAYOR LIEBERMAN: Okay. Commissioner -
COMMISSIONER GUNZBURGER: I'll move it.
MAYOR LIEBERMAN: Okay. Commissioner Gunzburger moves this item. Do we have a second to the motion?
COMMISSIONER SCOTT: Second.
MAYOR LIEBERMAN: Seconded by Commissioner Scott.
Commissioner Rodstrom.
COMMISSIONER RODSTROM: Mr. Desjarlais.
MR. DESJARLAIS: Yes, sir.
COMMISSIONER RODSTROM: The gentleman makes a number of claims. One of the claims had to do with the consultant fees. Would you address that, please.
MR. DESJARLAIS: Yes, sir, we're happy to do that.
Mr. Auerhahn.
MR. AUERHAHN: I'm sorry.
MR. DESJARLAIS: The gentleman made the claim that we're doubling the fees for the consultant here. I believe this is just a second planned amendment for this agreement; would that be accurate?
MR. AUHERHAHN: That's correct, and it's for additional work. It's not the same work that was paid before.
MR. DESJARLAIS: It's a planned amendment, Commissioner.
COMMISSIONER RODSTROM: So you're not doubling what we're -- the fee is costing us more because the scope of services has increased.
MR. DESJARLAIS: Yes, sir, it's increased. It's a planned increase in the scope of services. It's always been anticipated and planned for and budgeted.
MR. AUERHAHN: It's another phase of the contract, Commissioner.
COMMISSIONER RODSTROM: And then there were some other comments made by the gentleman. Did you hear them, Mr. Auerhahn?
MR. AUERHAHN: No, sir, I did not.
COMMISSIONER RODSTROM: All right, then could I bring the gentleman back? He claimed about the borrow pit. I think there were -
MR. DESJARLAIS: He showed us a photograph of the borrow pit. He claimed that we were going to disturb the -- my impression was that we would disturb the elements shown in the photograph.
MR. CLARK: The issue is --
MAYOR LIEBERMAN: I'm sorry, Mr. Clark, I didn't recognize you. Commissioner Rodstrom, if he has a question, he'll ask you.
COMMISSIONER RODSTROM: My question is, Mr. Auerhahn, are you familiar with the gentleman's claim about regarding the borrow pit?
MR. AUERHAHN: I'd like to have my staff speak to that, please.
MR. HIGGINS: Steve Higgins, Department of Planning and Environmental Protection. I am familiar with some of the algae problems that the reefs are experiencing right now.
COMMISSIONER RODSTROM: Okay, and what's our intent to do anything about it?
MR. HIGGINS: There are numerous studies ongoing to determine the cause of the algae growth on the reefs. We are involved in more than one of them. My staff, my marine biologists are working with NOA and the state to determine the causes of these outbreaks.
MR. DESJARLAIS: But, Commissioner, in any case, the algae growth that is occurring has nothing to do with this project.
COMMISSIONER RODSTROM: And one other claim, he mentioned something about a land based, could you repeat, Mr. Clark what your --
MR. CLARK: Yes, sir, on February 1st, Super Bowl Sunday, after we had those couple of inches of rain the night before, we were up and down the beaches and recorded, I've got a disk that we provided copies to the Coral Reef Task Force. We've also provided copies to the senators and congressman up in Washington as well as the Appropriations Committee and it shows how we've not dealt with the street ends like near the Island Motel up here in Fort Lauderdale and a lot of the drainage and where the streets went out across the beach and wash away huge amounts of sand every time we have rain and those things should be in the list of alternatives. And we believe the federal government is going to request you guys to do something about some of these issues in order to get your funding.
COMMISSIONER RODSTROM: Okay. My question is, are we addressing those problems.
MR. HIGGINS: Yes, Commissioner, we are. In fact, there are several street ends in Lauderdale- by-the-Sea that are being rebuilt with I think land acquisition funds and we're continuing to look at them. In any case, the amounts of material that are washed away by these events is absolutely insignificant.
COMMISSIONER RODSTROM: All right. Well, then let me just make one more comment. It just seems to me Mr. Clark has a perspective -- you may or may not agree with it or not, but certainly he has taken more than just a passing interest in this, and I would just hope that there's some dialogue between our offices and him -- and he, because it's -- you know, he's obviously -- this is -- he's put a lot of time and effort into this. So I would hope that we have some dialogue going back and forth. That's it.
MAYOR LIEBERMAN: And let me take it a step further. Mr. Auerhahn, who from your staff can Mr. Clark have conversations with and they can go over all of the data that he's brought with him? Is it you or is it someone on your staff that you prefer that he speak with.
MR. AUERHAHN: Mr. Higgins is the best person.
MAYOR LIEBERMAN: So Mr. Clark, if you'll make an appointment with Mr. Higgins, he'll go through everything with you. Okay. We have a motion. We have a second. Any further discussion? Hearing none.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: This completes our Consent Agenda.
REGULAR AGENDA
AGENDA ITEM 57
MAYOR LIEBERMAN: The next item on the agenda is Item Number 57, which is a public hearing. Vice Mayor.
VICE MAYOR JACOBS: Thank you, Mayor. Commissioners, you may recall, this is a -- this is a purchase in my district where we have had quite a long history in trying to acquire the two properties. One of the gentlemen who is an owner of one of the properties, the Gehl property, went through a divorce and had some problems with the IRS and there are liens between his ex-wife and the IRS that are to be cleared up shortly. The staff has certified in the documentation that the amount that we are paying -- would be paying for the property will cover his liens and he will still walk away.
In the meantime the other portion of the property is owned by Ms. Rose and Ms. Rose is ready to sell her property now and under the existing contract if it is not sold within 90 days she has the ability to go out and sell it to someone else and believe me there - as this land is directly abutting the intersection of Hillsboro and Lions and is next to a grocery store, it is being sought after heavily by developers.
At the same time, the City of Coconut Creek desires to continue its greenway and use this portion as part of its trail head. So it is, indeed, a good acquisition for the county. It is 8.9 percent above the appraised value so what I'd ask is we move approval of the purchase for the Rose property and allow the Gail property to go forward through its issues in clearing up its liens for acquisition at a later time.
MAYOR LIEBERMAN: I just have one comment. I'm pleased to support the acquisition of the site. I know how hard you've worked on it. I just want on the record because it appears from the backup that currently, as it exists today, that the purchase price may be less than the existing liens. That the purchase is subject to get estoppel letters from all the lien holders, and that we not exceed the purchase price simply to pay off liens, that this is our bottom level, so if the liens can't be worked out, unfortunately either the owner has to pay the difference -
COMMISSIONER PARRISH: We can go forward while we are on vacation.
VICE MAYOR JACOBS: And this is understood.
MAYOR LIEBERMAN: Okay.
VICE MAYOR JACOBS: And the way the item is written and again we are not approving the Gehl portion of the property today, only the Rose portion.
MAYOR LIEBERMAN: But I would just like my comments --
VICE MAYOR JACOBS: But as we move forward with the Gail, it is understood that that is - that that is absolutely -
COMMISSIONER PARRISH: Can't you approve it subject to the Mayor's comments.
MAYOR LIEBERMAN: Yeah, I'd like that you --
COMMISSIONER SCOTT: Mayor.
MAYOR LIEBERMAN: - incorporate my comments in your motion so it's subject to getting the estoppel letters from the lien holders and that, you know, should the purchase price be less than all the liens, should there not be negotiation, that the owner comes up with the difference. Our purchase price is our purchase price.
VICE MAYOR JACOBS: Correct, and, again, that is in the back up.
MAYOR LIEBERMAN: Can you do the motion subject --
VICE MAYOR JACOBS: I will do the motion subject to that.
MAYOR LIEBERMAN: Fine.
COMMISSIONER SCOTT: So does it include the Gehl property?
MAYOR LIEBERMAN: Yes.
COMMISSIONER SCOTT: Okay.
MAYOR LIEBERMAN: Commissioner Rodstrom.
COMMISSIONER RODSTROM: And I just want to make sure that folks are cognizant of the fact that the reason it's a requirement for an extraordinary vote of the commission is not because it exceeded the ten percent appraisal price. It's because of the way the negotiations were handled according to Florida law.
VICE MAYOR JACOBS: Right.
MAYOR LIEBERMAN: Are there any other comments on this item?
COMMISSIONER PARRISH: May I just?
MAYOR LIEBERMAN: Sure, Commissioner Parrish.
COMMISSIONER PARRISH: The motion is to approve the item before us, and the Gehl property -- and that the staff is to go ahead and close on the Gehl property as well, subject to the verification of the liens are paid and that the purchase price is greater than the amount of liens on the property?
MAYOR LIEBERMAN: Yeah, or the owner pays the difference.
COMMISSIONER PARRISH: Okay.
VICE MAYOR JACOBS: Mr. Desjarlais, if I might have Mr. Auerhahn, because my understanding is slightly different and that was that we were going to close on the Rose property because it's ready to go and that we're going to continue to make sure that the documentation necessary on Gehl is available before we move forward with the closing.
MAYOR LIEBERMAN: Right, that's it.
MR. DESJARLAIS: Mr. Auerhahn.
MR. AUERHAHN: Yes, we would like the Board to have a motion that enables us to move forward on both if the circumstances warrant it during the Commission's break.
VICE MAYOR JACOBS: Oh, okay.
MAYOR LIEBERMAN: Okay. But it's the - the second one is subject to the comments which the -
MR. AUERHAHN: Right.
MAYOR LIEBERMAN: -- that have been incorporated.
COMMISSIONER PARRISH: We have a letter from Holland & Knight on behalf of Gehl.
VICE MAYOR JACOBS: We did have a letter but it didn't offer exactly what staff needed because it's not proof.
MAYOR LIEBERMAN: Right.
COMMISSIONER PARRISH: This will allow the staff to close while we're on vacation.
VICE MAYOR JACOBS: It states the intent but it isn't a done deal yet.
MAYOR LIEBERMAN: Exactly. Okay. So -
COMMISSIONER SCOTT: But the purchase is just subject to getting the clear title.
VICE MAYOR JACOBS: Right.
MAYOR LIEBERMAN: Right, that we get estoppel letters from the lienholders and that should the purchase price be less than the liens that either the owner has the opportunity to come up with the difference or we don't close, period.
VICE MAYOR JACOBS: Right, that's correct.
COMMISSIONER PARRISH: I think when you close, you just cut checks to the lienholders and what's left to the owner.
MAYOR LIEBERMAN: Right, but there may be an issue if he doesn't negotiate the liens. I just want to make sure --
COMMISSIONER PARRISH: He said he had in the letter.
VICE MAYOR JACOBS: He says he has in the confirmation
MAYOR LIEBERMAN: But we don't have that confirmation.
COMMISSIONER PARRISH: No, we have a letter from Holland & Knight saying that he's negotiated with his ex-wife and the IRS.
MAYOR LIEBERMAN: But they're not the lien holder. Holland & Knight is not the lien holder.
COMMISSIONER PARRISH: But he says Holland & Knight negotiated with the ex-wife and the IRS on behalf of Gehl.
MAYOR LIEBERMAN: It's not the lien holder. The only one who can release the lien holder's rights is the lien holder. Okay. We have a motion as amended with a second.
All those in favor signify by saying aye.
All those opposed?
Show that this passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 58
MAYOR LIEBERMAN: Item Number 58 is moved by Commissioner Eggelletion. Is seconded by Commissioner Scott. Is there any discussion on Item Number 58?
COMMISSIONER PARRISH: What was 58?
MAYOR LIEBERMAN: Hearing none, all those in favor signify by saying aye.
COMMISSIONER PARRISH: What was 58?
MAYOR LIEBERMAN: All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 59
MAYOR LIEBERMAN: Item Number 59 is moved by Commissioner Wasserman-Rubin, seconded by Commissioner Eggelletion. Is there any discussion?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
(COMMISSIONER EGGELLETION LEFT THE ROOM.)
AGENDA ITEM 60
MAYOR LIEBERMAN: Item Number 60 is moved by Commissioner Wasserman-Rubin, seconded by Vice Mayor Jacobs. Is there any discussion on Item Number 60? Yes.
COMMISSIONER WASSERMAN-RUBIN: Can I just recognize the members of the town that are here?
MAYOR LIEBERMAN: You may certainly do so.
COMMISSIONER WASSERMAN-RUBIN: You met already Vice Mayor Aster Knight. We've got Town Manager Mr. John Canada, Town Administrator, and we have Town Grants Writer Mr. Richard Rubin, and a gentleman that's with Mr. Rubin that I do not recognize, but I think he's an intern. Okay. And what is your name?
MR. SARMIENTO: Luis.
COMMISSIONER WASSERMAN-RUBIN: Luis, do you have a last name?
MR. SARMIENTO: Sarmiento.
MAYOR LIEBERMAN: Okay?
COMMISSIONER WASSERMAN-RUBIN: I think that's it and I had made some comments about the cooperation between the Town of Southwest Ranches and the City of Pembroke Pines and I think that's worthy of note.
MAYOR LIEBERMAN: Okay.
COMMISSIONER WASSERMAN-RUBIN: Thank you.
MAYOR LIEBERMAN: Are there any other comments about this -- no. He's here's to speak. He's signed in. Are there any other comments from the Board on this item?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that Item Number 60 passes unanimously.
VOTE PASSES UNANIMOUSLY.
COMMISSIONER WASSERMAN-RUBIN: Thank you. Thank you.
AGENDA ITEM 61
MAYOR LIEBERMAN: Item Number 61 --
COMMISSIONER PARRISH: Move it.
MAYOR LIEBERMAN: Is moved by Commissioner Parrish. Is seconded by the Vice Mayor. Is there any discussion on Item Number 61?
Hearing none, all those in favor signify by saying aye. All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
COMMISSIONER PARRISH: Should we move 67?
MAYOR LIEBERMAN: No, because those are discussion items. That's why we did it the way we did it this morning.
AGENDA ITEMS 62
MAYOR LIEBERMAN: The next two items, Items 62 and Item 64, I have a number of speakers. Now as a point of personal privilege, I'm going to recognize Commissioner Bob -- are you Commissioner or Mayor Bob?
MR. ANTON: Vice Mayor.
MAYOR LIEBERMAN: Vice Mayor Bob Anton and Commissioner Pat Flurry as our first two speakers? No.
UNIDENTIFIED SPEAKER: He's not signed up to speak.
MAYOR LIEBERMAN: Okay. Are there any other elected officials signed up to speak on 62? Okay. Mayor Anton, you'll be -- Vice Mayor Anton, you'll be our first speaker. You have three minutes.
COMMISSIONER PARRISH: The Mayor of Hollywood.
MAYOR LIEBERMAN: Mayor Guilianti, are you here to speak on Item 62? You'll follow Vice Mayor Anton. Please fill out the appropriate form. It's right here. Brad, raise your hand. No, I don't have you here.
Here's what I'm going to ask. We know that this is an issue that has engendered a lot of discussion, as we expect as we go through this process over the next 18 months. This is probably not the only time we'll have discussion, though this may be the first time that we'll have lengthy discussion.
I'm going to call people in the order that they have signed in. I ask that when I call your name, you move to the front row so that we can have everyone have an opportunity to speak before we break for lunch, if possible. I also ask you not to feel compelled to repeat other things that have been said. Even though you have three minutes, you don't have to use them. If what you can say can we said in less than three minutes, we're just as happy to hear everything that you have to say and you can say I agree with this one or: I disagree with that one, will also work.
When the three-minute timer goes up, I hate to interrupt people but in the interest of making sure everybody gets to speak hopefully before 12:30 at the three-minute time I'm going to say thank you. I'd appreciate it if you would quickly wrap your comments up at that time.
That being said, the first speaker is Vice-Mayor Anton, followed by Mayor Guilianti, followed by Ian Richter, followed by Barry Heimlich. And if those people will move to the front row as I've just outlined, I would appreciate it. If you'll start by identifying yourself for the record. Thank you. Go ahead.
COMMISSIONER ANTON: For the record, my name is Bob Anton. I'm a Commissioner in the City of Dania Beach, not the Vice Mayor. I'm also a resident of Melaleuca Gardens, and I'm here today on behalf of Melaleuca Gardens and its residents of Melaleuca Gardens. I want to discuss Item 62 dealing with the EIS and the cost benefit analysis that the airlines have requested. I don't believe that the EIS is exactly what they're asking for. We need to move forward with that cost benefit analysis.
It seems silly to me to spend millions of dollars that you folks are going to be spending to complete this EIS, when, in fact, on December 9th you all voted and passed a resolution that stated that if the airlines aren't willing to fund this project then we need to move back to square one.
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
MR. ANTON: And clearly the airlines have not indicated they are willing to fund this project. In fact, they have expressed some serious concerns with this.
The other point I wanted to bring about. We were talking about delays in the EIS, and I'm wondering why we don't start moving the landing fees or adjusting landing fees in dealing with the peak hours to give some incentive to the airlines to move off the peak hours when, in fact, there might be delays. And in dealing with those delays in the EIS, I've talk to several pilots in the past, most of which claim there are no issues with Fort Lauderdale International. Most of the issues come from the airspace above that is overcrowded that is creating the problems. These are just some of the things I want you to take a look at.
I don't want to see us end up in the same position Seattle, Pittsburgh, and many of the other cities have done where this becomes an excessive taxpayer burden on us to continue to move forward with this south runway without settling these issues. I think personally it's a foolish move on the part of the county. Thank you.
MAYOR LIEBERMAN: Thank you, very much.
Mayor Guilianti, you're next.
MAYOR GUILIANTI: I'll just be very brief. I do have one other statement.
MAYOR LIEBERMAN: Please identify yourself for the record.
MAYOR GUILIANTI: Yes, Mayor Mary Guilianti, City of Hollywood. I just want to underscore what some other colleagues have said to you, not today, but repeatedly, and that is I do stand behind the belief that we need to determine what we want this airport to be for the benefit of this community before going forward. Obviously we need to go forward. There are some things that most definitely are going to need to be done to make this airport an airport appropriate for the future, but I stand with colleagues and my entire city commission that believes that the cost and the benefit need to be created based on what we want it to be at the end of the day, so thank you.
MAYOR LIEBERMAN: Thank you. The next speaker Ian Richter.
MR. RICHTER: Good morning, Ian Richter, Dania, Florida.
MAYOR LIEBERMAN: Good morning.
MR. RICHTER: Another study? How many studies do we need? Is it that you're really not getting the results you want to hear from the messenger, so you're changing the messenger again?
MAYOR LIEBERMAN: This is your time. We'll answer afterward.
MR. RICHTER: You know, the previous messengers who did the studies said the north parallel runway was their recommendation, but yet you want another study because I guess you didn't like their results of what the facts are. How much money are we going to waste on this project? You know, the reason we have the airlines here, they like our low landing fees. They like the low prices. They were supposed to pay for this, but, of course, if we raise the prices of their operations, maybe they won't come to the airport and we don't need to expand the airport. Let's look at it from their eyes. They want to save money. We're increasing what they have to pay to come here.
We shouldn't be using the north runway for a small aircraft. It should stay on the south runway as it was designed to be but, then again, you can't say we have delays unless you put them on the north runway. Let's stick with what our original people told us on the plans. You don't need the south runway. When you build the south runway, you're going to shut it down. You're going to shut down the cross runway, so now instead of having several runways, you're going to have one runway for three or four years. That will make delays. We don't need it. We don't want it. It sounds like a road construction project. For five or ten years, they tie traffic up making a road that becomes obsolete when they're done making it. Thank you.
MAYOR LIEBERMAN: Thank you. The next speaker is Mr. Heimlich, followed by Ann Castro, followed by Brenda Chalifour, followed by Chris Pollock, if those people will please move to the front row.
MR. HEIMLICH: Mayor, Commissioners, I'm Barry Heimlich of the Broward County Audubon Society. As you proceed forward with this new EIS, first, I'd like to commend you for the open-minded and objective way that you have up to now have tried to seek out all the information and have considered it all in your deliberations. And I'd like to see that process continue, and I'd like to urge you to do so, especially the consideration from an objective, thorough, inquisitive standpoint of all the viable alternatives, from the standpoint of cost, from the standpoint of the impact on the community, and from Audubon's point of view, the impact on the environment, on our parks, and our nature preserves that are to the southeast of the airport. By the way, I would like to second some of the suggestions of the last speaker to really look into the operational alternatives to delay or reduce the amount of expansion that's required. Thank you very much.
MAYOR LIEBERMAN: Thank you. The next speaker is Ms. Castro.
MS. CASTRO: My name is Ann Castro. I live at 838 Northwest Tenth Avenue in Melaleuca Gardens in Dania Beach. I'm a lifelong Broward resident. I have some housekeeping chores of the th December 9 discussion as I read through it yesterday to prepare for today. I started to script comments and I got so angry, I said forget about it. I'm just going to go tell you what I think. For those commissioners who think people who move there should have known better. My grandparents moved here in the early '40's. They built an old pine house over on Second Street off of Las Olas. They never envisioned 441 being anything other than cow pastures, let alone what it is today.
For those of us who moved in the development of Melaleuca Gardens 18, 20, 30 years ago, the developers apparently didn't think there was a problem with the airport or I'm sure they wouldn't have built the houses that we have all purchased. Now having purchased it, I thought we were safe because we were outside Perimeter Road. By definition, perimeter is supposed to mean outer edge. This south runway will now go beyond the perimeter which I also think is a security issue that we're not facing up to.
Finally, one of the things that came up from December 9th was tourism is the economic engine of Broward County. I respectfully disagree with that Commissioner. The people sitting behind you who have nothing to do with tourism. We're here working for service companies, manufacturing companies, all sorts of companies, these are the economic engines of Broward County.
Tourism may be the economic engine of Fort Lauderdale which seems to have a special relationship with this commission over every other city in town and the county. That's unfortunate. We seem to be catering their needs. However, we are the economic engine of Broward County, and we have nothing or very little to do with tourism, and that's because you guys are doing your jobs right. If tourism is the economic engine, you're not doing your jobs correctly because tourism is very cyclical and very risky.
Now, with the EIS study, we've been down this road before and I think what happened the last go-around from best I can tell in reading all the records is we were using Enron accounting. You were telling the consultants and the staff what you wanted the answer to be and they bent everything and they made it as crooked as they could to get where you wanted to be including purposely elevating the north runway on those diagrams so that you would have to move terminal buildings thereby making it more expensive than running a runway over U.S. 1 and the CX Railroad. That was a tough hurdle to get over to make those other runway implementation plans more costly than the south runway. And unfortunately it didn't work. So here we are again about to spend another $7,000,000 on another EIS study when the very beneficiaries, the airlines have indicated, a, they don't want to pay, they don't want to pay if general aviation isn't going to pay and they certainly don't care about simultaneous operations which again was the justification for the south runway.
I agree with the other people. We need to decide what kind of airport we need to be when we grow up and more importantly we need the infrastructure in this county to support that and to go ahead with this EIS before you've answered those questions is an injustice. As the Sun-Sentinel said in their editorial: If you all go home feeling you've done a great job and you've served the Broward County residents, before you put your head down on your pillow, think to yourselves, yeah, right.
MAYOR LIEBERMAN: Thank you. Okay, Ms. Chalifour -
(Applause.)
MAYOR LIEBERMAN: We don't do that in our chambers. We give everybody courtesy. Some people's opinion you'll agree with, some people's you don't. But there should be no applause, no boos, no catcalls, nothing other than the courtesy you'd want to be shown when you speak.
Ms. Chalifour, followed by Mr. Pollock, followed by, I think it's, Joseph Bailey, followed by Kathy, it looks like Cappy. I hope I've said that right. If you'll please move to the front row. Ms. Chalifour, you may begin.
MS. CHALIFOUR: Good day, Madam Mayor, Vice Mayor, Commissioners. My comments are going to be as disjointed as this project in the manner in which it's proceeding so bear with me. It's more a bunch of one liners that it is a cohesive thought which is basically what you're doing with the airport expansion.
First of all, I do, of course, have the utmost respect for every single one of you and I do believe that you really are trying to do the right thing. I want to believe this. I'm not so sure that you're being provided with the correct advice and counsel. I don't think that some people are hearing what we're trying to tell you. If you continue on this course, you are, in no uncertain terms, building a home without a foundation, which will obviously fail. You've got the cart before the horse, which won't work. It's going to be dead on arrival.
Now if you want to spend $7,000,000, 18 months' work of work, time, money, and effort, and still upset all of these residents in Broward County, I can't believe that you're trying to do the right thing. So, I guess what I'm trying to say is: You've got to do some more homework. You do not have the right information before you. And there's got to be something to what we're saying. If the Mayor of Hollywood and I agree on something, there's got to be something to it.
Also regarding these peak period delays, now, you know, all this time when we were talking about expanding the airport, we were talking about average delays. Miraculously within the last document we're talking about peak period delays. You were going to expand the airport for peak period delays. Does that make any sense to anybody in this room? Would you expand I-595 to 31 lanes because everybody is stuck at 5:00 p.m. No, you're not going to do it. So why are you trying to do it with this airport? It makes absolutely no sense. Why are you going to spend the $7,000,000 on an EIS which is going to be dead on arrival. It doesn't make a heck of a lot of sense to me.
Also I want to know there's obviously a lot of people who couldn't be here today. You continue to put this on your agenda during their working days. It's inappropriate. It's certainly not helpful for them to give you public input. I will just note that there was a press conference at the Town of Davie yesterday. Mayor Truex was very clear in his comments that -- some of which were repeated in the newspaper, but he's very clear. This is going in the wrong direction.
The people in Davie and the majority of whom live in mobile homes and who are retirees, those who are the least able to defend their rights are the ones that are going to get messed up in this process. There's something seriously wrong. We need to go back and ask the simple question, just answer it: What kind of airport do we want to have? And then you can do all these reports to justify it. But you can't pick it first.
MAYOR LIEBERMAN: Thank you.
MS. CHALIFOUR: And then justify it. Thank you.
MR. POLLOCK: Mayor, Commissioners, Christopher Pollock, President of the Greater Fort Lauderdale Chamber of Commerce. We all know the decision that you made on December 9th, however, the environmental impact study needs to be completed before the rest of the process can take place. We need to understand the whole project, its cost, and its effects before we can ask the airlines to sign a blank check and to ask this commission to make decisions without sufficient information. Two years of delays of this environmental impact study have not accomplished anything but cause airline delays, put off full knowledge and caused anxiety amongst all residents both pro and con as well as the business community. I ask that you pass this legislation today. Thank you.
MAYOR LIEBERMAN: Thank you.
Mr. Bailey.
MR. BAILEY: Good morning. My name is Joe Bailey. I live in Dania under the red line and dark shadow of the proposed airport expansion, and I would like to share with you this morning a simple wish list of four wishes. First of all, I wish I were a bald eagle. Secondly, I wish I were a California condor. Thirdly, I wish I were an Indian burial mound, and my last wish is a not wish. Fourthly and lastly, I wish I were not merely a living human senior citizen of Broward County. Thank you.
MAYOR LIEBERMAN: Thank you. I have Kathy Cappy, Beulah Lair, and Council Member Susan Starkey on the list.
MS. CAPPY: My name is Kathy Cappy, I'm a resident of Melaleuca Gardens. I'm pleased to be here. This is the first meeting I've been able to attend because I do teach in Broward County, and since I'm off for the summer, I can be here. This project is personally threatening my lifestyle in Melaleuca Gardens and my budget, but, in fact, it's threatening the lifestyle and pocket books of all Broward County residents.
It's going to increase taxes with the large amount of money going out, and I think it's going to pollute our parks and make our neighborhoods more unlivable than they already are. I've lived here for 30 years. I've watched the county -- I think I would characterize it as recklessly develop the county in a way that it benefits the developers and big business and special interest groups, and this, to me, seems to be business as usual, where the government is just willing and able to spend yet another $7,000,000 on a project that doesn't seem to me anyone wants. The airlines don't want it. The residents don't want it.
And it just seems to me that the only people really benefitting at the present time are the consultants who are being paid these hefty fees to do exactly what, I'm not sure. It's not a project that is supported, I think, generally by the residents of Broward County or the airport, therefore, it seems to me poorly conceived, and I really can't understand why you're rushing full speed into this project. Thank you very much.
MAYOR LIEBERMAN: Thank you.
Next speaker, Beulah Lair, are you here?
MS. LAIR: I'm Beulah Lair, and I live in Melaleuca Gardens. When we were here in December, John Rodstrom said: If the airlines don't go along with this, will this be a dead issue? You all said: Yes. Now you're leading the county into financial disaster. That's the way it's going to end up, because you started out with millions to build the airport. Now it's in the billions. Why don't you wise up. Think this thing through before you spend any more of the money to get the results that you want to hear, not what's really necessary, but just what you want to hear.
MAYOR LIEBERMAN: Thank you. Okay. Our last speaker on Item 62, I have Commissioner Susan Starkey.
COMMISSIONER STARKEY: Good morning, Commissioner, Vice Mayor, and Mayor, I thank you for your looking into a lot of these things, but, on the other hand, I can tell you that the Town of Davie is extremely impacted by any decisions that you seem to be making and not in a good way. The traffic that has come over the Town of Davie has been unbelievable. Even, I'm sure, many of you have read personally I've moved even farther west hoping to avoid some of it and as far west as Hiatus Road, all the new homes that are out there, the windows rattle when the planes come over. They're over our homes at 2:00 in the morning, 4:00 in the morning, and it wakes everyone up.
I was promised that there would be I guess consideration of the existing conditions to look at those issues as well before you proceeded with any runway expansions. The Town of Davie is opposed to the south runway expansion or any expansion at this point. It does adversely impact the Town of Davie, and that has been -- and consistently been our position here. We ask you to readdress this, to look at it. I didn't prepare anything. You know, at the last minute, I understood it's on this agenda, and, you know, I apologize for not having every little fact and every little comment in a perfect way, but, you know, we've been before you time and, again, and we plead with you time and again to not go forward with this mammoth project that's going to tax everyone and impact everyone's life.
From Hiatus Road all the way to the east, we have thousands and thousands of homes and mobile homes and apartments and students and businesses in the Town of Davie that are going to be adversely impacted by this. We ask that you look at this, and we also ask that you consider the existing conditions first and the impacts that you'll have on that before you proceed any farther. Thank you, and I'm sorry to come here on such short notice and out of breath. Thank you.
MAYOR LIEBERMAN: Commissioner, it's never short notice. We're glad to have you here. This completes the public portion of this agenda item, however, before I recognize my colleagues, there's a couple of things that I'd like to make sure of. Mr. Desjarlais, with your permission.
MR. DESJARLAIS: Yes, ma'am.
MAYOR LIEBERMAN: -- could you have at appropriate person of your staff, Commissioner Anton, Mayor Giulianti, and Commissioner Starkey all raised some issues which they were concerned about being a part of the Landrum & Brown report, and I'd like to know whether or not looking at consideration of existing conditions whether the issues raised are also part of the evaluation process.
MR. DESJARLAIS: Yes, ma'am, the short answer to your question is yes they all are, but if you'd like for us to elaborate a little bit, we can do that.
MAYOR LIEBERMAN: So -- I would, but I think the key is to know that each and every comment that was made today will be part of the evaluation process. The only -- Mr. Heimlich mentioned some environmental concerns on areas southeast of the airport and determining what our airport -- both Ms. Chalifour and Mr. Heimlich said we need to make a determination what the airport is going to be like. My understanding is, Ms. Chalifour mentioned we need to do more homework. My understanding is Landrum & Brown is the homework, that the report that they're going to do, which will be an evaluation of all these issues will then come back to us 18 months later with a look at all of the things that have been raised today.
The only thing I take exception to of everything that has been said is there were two speakers who implied that we're steering the results. I can tell you I'm not doing that, and I'd bet my bottom dollar no one on this commission is doing that. And I take offense at that. You may not like the results, but I don't believe that any one of us is calling a consultant saying: Make your numbers work this way.
So, Mr. Desjarlais.
MR. DESJARLAIS: Yes, ma'am. Two things, first, Mr. Jargiello, would you come to the podium? Number two, before Mr. Jargiello makes his explanation, I would like just to read for you a portion from the December 9th, 2003, Board of County Commission meeting, which this is, in part, your instructions to us. Commence the process of updating the airport master plan to include concepts that decomission the crosswind runway and define the framework for managing aircraft operational demands and growth for planned facility development. This EIS contract that you're about to let today in part does all of that and then some.
So Mr. Jargiello.
MR. JARGIELLO: Yes, Tom Jargiello, Director of Aviation. Yes, Mayor, Vice Mayor, County Commissioners, yes, what we primarily tried to accomplish in establishing this start or this restart of this EIS, there are really three objectives which I think are consistent with your December 9th motion. Number one is that we made sure Landrum & Brown and our special counsel had a very, very detailed knowledge of your policy motion of December 9th so they knew exactly what this board was speaking for in going forward. Number two, we emphasized to both the special counsel and to Landrum & Brown that they would be unconstrained in what they could look at which really leads to the question that the Mayor raised that, in fact, the process is an environmental study. It is a process which looks at the environmental impact. It is in the best interest of the county. We submit to you that we, in fact, unconstrained them so they can look at everything. They are clearly one of the best in the country at this. They have done hundreds of EIS's and various studies, and by not putting any handcuffs, any predetermined information to them, they very much submit what I would propose was submitted by the Mayor, that in fact, is the homework which can be presented to you.
And number three, we brought in one of the best counsel in the United States and that is Mr. Schneiderman of Foley & Larder, and that is that we learned a very hard lesson in April how flawed and legally improper the EIS may have been and, in fact, to bolster this whole process, we brought forward one of the best counsel to assist us at every step of the way, that, in fact, we would have a legally defensible. So when you are presented a ROD, you will be presented with every environmental impact statement that's out there and a legally defensible ROD that this board can make its decision.
MR. DESJARLAIS: Thank you, Mr. Jargiello.
MAYOR LIEBERMAN: I have one more question, Mr. Desjarlais.
MR. DESJARLAIS: Yes, ma'am.
MAYOR LIEBERMAN: One of the speakers and I'm not sure which one, oh, I think Ms. Chalifour, because I did take notes as they were speaking, mentioned about there are many people who work during the day and can't be at a 10:00 o'clock meeting. I noticed when I read through the contract there were several places for public input. Can we please make sure that there are meetings scheduled outside of the traditional working hours so there are evening meetings, possibly weekend meetings so that people who have a job and can't take time off are not disenfranchised from the process, and can we also make sure that on our website, www.Broward.org, we do like we do the Vision Broward, we actually had a feedback site so that people for whatever reason who can't come to a meeting still have the opportunity to e-mail their comments into one directed site. The consultant gets to seat the comments and they get a response.
MR. DESJARLAIS: Yes, ma'am.
MAYOR LIEBERMAN: Okay. Commissioner Parrish, followed by Commissioner Rodstrom.
COMMISSIONER PARRISH: Mr. Desjarlais, I'd like to ask Mr. Jargiello some questions, because I was a little surprised to find out the public had a concern with updating the EIS, because at the meeting in December, I remember specifically having to address some of the comments of Councilwoman Susan Starkey. I live directly under the flight pattern, as you well know. Every 90 seconds they go over.
And, in fact, the consultants have told me that the noise at our house right now far exceeds the noise in Melaleuca Gardens, to be honest, because I was trying to get -- 65 DNL and 60, all those numbers on maps, I was trying to figure out driving around different places to hear how much that noise was, but I was under the impression from the meeting of what the experts have told me, because I asked about implementing flight tracking on I-595 earlier, and I was told that we could not get the FAA to agree to that until such time as we updated the EIS; is that correct?
MR. JARGIELLO: I do not think that that is a totally correct statement, Commissioner. It is my understanding, we have submitted a request to the FAA pursuant to the request that was raised that we ask the FAA to evaluate flight tracking. That request was submitted. The FAA has not responded. It may be one of the responses that they would ask that the flight tracking be rolled into this EIS process as a matter to be considered and thereby to evaluate the environmental impacts of flight tracking. We do expect that to be the response and Landrum & Brown is ready to accept that as a task and to consider that in the EIS.
COMMISSIONER PARRISH: Okay. How long ago did we submit our request?
MR. JARGIELLO: Commissioner, I'm going to say approximately March. I know it was submitted in some of the details that I gave to you, but we -- in that time frame, about February or March or thereabouts.
COMMISSIONER PARRISH: How long does it take them to respond?
MR. JARGIELLO: We have followed up, Commissioner. We have followed up a number of times because of the concerns made by a number of Commissioners about it.
(VICE MAYOR JACOBS LEFT THE ROOM.)
MR. JARGIELLO: We have not gotten a definitive response from the FAA upon when they would respond to their position that flight tracking would be permissible and the procedure we'd have to go through. We continue to press them for a response.
COMMISSIONER PARRISH: Okay. Because of all the pilots I've spoken with, everyone said it's simple. No one seems -- and that would relieve Davie to some extent. No one seems to think or at least the pilots, that that would be -- they're flying the path of least resistance, when, in fact, you know, up in the air, it's a short distance for them to take all that noise over the homes. When will the noise monitor be placed in the Shenandoah development?
MR. JARGIELLO: Upon understanding that it was acceptable to the commissioners that were involved, which was about two weeks ago, we have asked our noise consultant, Harris, Miller & Hanson, to order it, and I'm going to presume it will take approximately another three to four weeks to have the device leased, purchased, and placed in the subdivision.
COMMISSIONER PARRISH: Okay. Are planes allowed to come over our residential neighborhoods between 2:00 a.m. and 4:00 a.m?
MR. JARGIELLO: There is no current restriction on the utilization of the runways that would prohibit that activity, Commissioner.
COMMISSIONER PARRISH: Okay. What does it take to get a nighttime restriction? Do we have to have an EIS impact study to get a nighttime restriction?
MR. JARGIELLO: To establish runway utilization restrictions would take a policy request as developed by the Board to submit it to the Federal Aviation for their consideration. They would review that request in line of two particular circumstances.
Number one, they would review the restriction in regards to the impact that it would have on aviation that they must control in and out of the airport.
And secondarily, they would also look upon that in regards to the environmental assessment of that alternative.
COMMISSIONER PARRISH: Okay. We have a noise monitor in the Forest Ridge, area, John, that's your district?
COMMISSIONER RODSTROM: Uh-huh.
COMMISSIONER PARRISH: In the Forest Ridge area. Can you pull the stats for the noise during the wee hours of the morning, I assume 12:30 a.m. to 5:30, I'm not sure what -- some people go to bed at 11:00. Some people watch the news. I mean I'm not sure what time, but I would think 12:30 a.m., to 5:30 a.m., 6:00, some hours in that, pull the noise from that area, and determine for the Town of Davie, because I would assume the noise is just slightly more so in that area than by us, and determine if nighttime restrictions are, and give Commissioner Rodstrom and I that information so we can consider that.
Because I was under the impression, and I won't say who told me, but someone today told me -- not today, but someone here today told me that we could not receive those restrictions that we were requesting without an update to our environmental impact statement, that we had to back it up with fact. So if there are a variety of restrictions we can request early on, I don't think we should wait 18 months for the results of the environmental impact study. I think we should implement some of those restrictions as quickly as possible because some of them are easy. Some of them are very, very easy.
MR. JARGIELLO: Commissioner, in regards to that specific report, we will give you a report in the last 60 days if that's satisfactory.
COMMISSIONER PARRISH: How long?
MR. JARGIELLO: Sixty days.
COMMISSIONER PARRISH: No, can't we pull the noise monitor information? I mean couldn't we have that in a few days?
MR. JARGIELLO: Yeah.
COMMISSIONER PARRISH: Noise monitor --
MAYOR LIEBERMAN: What he's saying is giving you for the past 60 days.
MR. JARGIELLO: For the period, for the past 60 days.
COMMISSIONER PARRISH: Oh, I see what you mean. Sure.
MR. JARGIELLO: We can get the material to you a lot quicker, but we will go back 60 days and it should give you at least a good snapshot of what's occurred.
COMMISSIONER PARRISH: Because if there is a way to implement some of these things, I don't see why -
(VICE MAYOR JACOBS RETURNED TO THE ROOM.)
COMMISSIONER PARRISH: -- if we've got the statistics to back it up, that the FAA wouldn't grant our request now, because other areas of the country are doing all these things. It's not as if Broward County is unique.
MR. JARGIELLO: That's correct, Commissioner. We will determine exactly the nighttime operations based on the readout of that, and we will submit a --
MR. DESJARLAIS: Wait a minute, Tom. Wait just a minute. Mayor, I know that Commissioner Parrish has asked for us as request of the FAA, a restriction. I just need --
COMMISSIONER PARRISH: No, I need - what I asked Mr. Jargiello to do is give us this area. John and I share Western Davie.
MR. DESJARLAIS: Yes, and we're happy to do that.
COMMISSIONER PARRISH: John has got the east side of Hiatus, well, he's got the east side of Bright I've got the west side of Bright. They're just putting them in in Shenandoah, but he requested they put them in Forest Ridge several months ago, so they've got to have some kind of data.
MR. DESJARLAIS: Right.
COMMISSIONER PARRISH: And it would - I would think it would stand to reason they're a little lower as they go over Forest Ridge as they are going over -- they're flying a little lower as they come closer into the airport, but if we have some data, why not do that now especially in light of the fact it's taking this long.
MR. DESJARLAIS: Commissioner --
MAYOR LIEBERMAN: I think I know where you're going.
MR. DESJARLAIS: - I just need concurrence of the board.
MAYOR LIEBERMAN: Right, is there anyone who --
COMMISSIONER PARRISH: Well, I ask --
MAYOR LIEBERMAN: Commissioner Parrish, wait a minute. He wants concurrence of the board.
COMMISSIONER PARRISH: No, no, no. As a county commissioner, I'm asking for the information, which I'm entitled to.
MR. DESJARLAIS: Yes.
MAYOR LIEBERMAN: That's not what the issue is about.
COMMISSIONER PARRISH: When he gives us the information, Commissioner Rodstrom and I, either one or both of us may take a look at it and place an item on the agenda for the board's consideration.
MAYOR LIEBERMAN: But what -- here's what Mr. Desjarlais is simply asking.
COMMISSIONER PARRISH: Mayor, I understood.
MAYOR LIEBERMAN: Is there anyone who objects to proceeding forward on determining whether or not the restrictions could be put in place at this time.
COMMISSIONER SCOTT: I thought she's just asking for information.
COMMISSIONER PARRISH: Because they won't give it to us without valid data.
MAYOR LIEBERMAN: She's asking that we find out, whether if we have the data, whether we can begin now on the flight tracking and other restrictions. So what Mr. Desjarlais said, is it the will of the board for them to find out if we can do this. That's all he's asking.
COMMISSIONER PARRISH: I'm asking for Mr. Jargiello to give me information --
MAYOR LIEBERMAN: Unless there is five objectors --
COMMISSIONER PARRISH: Commissioner Rodstrom and I to give us the information by next Tuesday and then if the information shows that there's a greater noise impact because we can measure it against Melaleuca Gardens, we can ask for flight restrictions -
MAYOR LIEBERMAN: Sure.
COMMISSIONER PARRISH: - for a lot of places.
MAYOR LIEBERMAN: Right. So the will of the board if there are no objectors --
COMMISSIONER SCOTT: Wait a minute. Whoa, whoa.
COMMISSIONER PARRISH: Place an item on the agenda.
MAYOR LIEBERMAN: Okay. Then we have two objectors, so that's it.
Commissioner Parrish, you still have the floor.
COMMISSIONER PARRISH: That's it. Thank you.
MAYOR LIEBERMAN: Okay. Commissioner Rodstrom.
COMMISSIONER RODSTROM: I mean this is just startling to me, because all this time I was under all this time, I was under the impression that we needed an EIS in order to have flight restrictions.
MAYOR LIEBERMAN: We do.
COMMISSIONER RODSTROM: So that statement today in and of itself is mind-boggling, and heck yeah, if we can implement restrictions, we ought to do it today, I mean, you know, because -- maybe we need empirical evidence to back it up, but I can tell you I've seen the flight schedules. I know what happens. They're flying over these people's houses at all hours of the day and night, but the nighttime is when they're being disturbed is their sleep, and we ought to restrict flights from midnight to 6:00 a.m. Other airports do it. We ought to do it.
COMMISSIONER PARRISH: Right.
COMMISSIONER RODSTROM: That's number one.
Is Mr. Martin here, Mr. Desjarlais?
MR. DESJARLAIS: Yes, sir.
COMMISSIONER RODSTROM: May I ask him a few questions, please?
MR. DESJARLAIS: Yes, sir. Mr. Martin.
COMMISSIONER RODSTROM: Mr. Martin, do we have any current restrictions for night time flyovers?
MR. MARTIN: Not that I'm aware of.
COMMISSIONER RODSTROM: There's none. I think we have the restrictions for the future runway we've promised as part of an interlocal agreement but there are no restrictions today is that --
MR. MARTIN: On the existing runways, my understanding is there's no nighttime restrictions.
COMMISSIONER RODSTROM: There's no night time restrictions whatsoever.
MAYOR LIEBERMAN: Commissioner Rodstrom has the floor.
COMMISSIONER RODSTROM: If I could just ask you a few questions. We are doing environmental impact statements, we've hired the firm of Landrum & Brown to do the environmental impact statement for us. Their expertise, I would understand - I would take it to believe that they're an environmental type of firm, and that's what they're strong in.
MR. MARTIN: They're a competitor of ours and they're a planning and environmental firm and a financial firm. They basically do the same thing we do.
COMMISSIONER RODSTROM: I guess my question would be, the airlines said to us in a response that we had asked of them that they wanted to see an economic feasibility study. You know, is this firm and is our EIS that we're preparing going to give us sufficient answer to the airlines for the information that they're seeking?
MR. MARTIN: Well, I read the airline letter and I see that they're asking for two different things.
COMMISSIONER RODSTROM: Yep.
MR. MARTIN: One is the benefit cost analysis of the sort of overall benefits and costs of the runway.
COMMISSIONER RODSTROM: Yep. Are we going to get that?
MR. MARTIN: From the EIS -
COMMISSIONER RODSTROM: Yes.
MR. MARTIN: You will get that as I understand.
COMMISSIONER RODSTROM: We will get that?
MR. MARTIN: Yes.
COMMISSIONER RODSTROM: So you're comfortable that we can answer the airline's question -
MR. MARTIN: On that matter.
COMMISSIONER RODSTROM: - on that matter.
MR. MARTIN: Yes. They are separately, as I read the letter, asking what is it going to do to our cost, because benefit cost analysis goes beyond the rates and charges paid by an airline. It's sort of a social benefits cost analysis, so of all the pluses and minuses, delays and a lot of abstract things, but they're also asking in the letter, we want to know what's going to happen to the costs of operating at the airport, the direct costs, not the indirect costs, that they pay, and that's a separate question that won't be in the EIS.
COMMISSIONER RODSTROM: So that item will not be answered by the EIS?
MR. MARTIN: Not by the EIS. No.
COMMISSIONER RODSTROM: So we will not be giving the airlines all the information that they're requesting 18 months from now when the EIS is completed.
MR. MARTIN: But I'm assuming that will be done through some other means.
COMMISSIONER RODSTROM: Mr. Desjarlais, are we doing anything else to accommodate the airlines other than the EIS?
MR. DESJARLAIS: I'm sorry, I missed that part of the conversation. I was talking with Commissioner Parrish.
MAYOR LIEBERMAN: Again, I ask -
COMMISSIONER RODSTROM: Mr. Desjarlais, the question was --
MR. DESJARLAIS: Okay.
COMMISSIONER RODSTROM: - and I have asked this. I asked this last week. I asked: Is the cost benefit analysis going to be -- that information, I was told by you that it would be contained in the environmental impact statement.
MR. DESJARLAIS: The cost benefit analysis is part of the EIS.
COMMISSIONER RODSTROM: All right. What Mr. Martin is saying is that there are two points to that cost benefit analysis. Mr. Martin, would you distinguish between the two points and tell Mr. Desjarlais the first point, which is in, and the second point which is not in.
MR. MARTIN: There's a very sort of prescribed FAA methodology for doing benefit cost analysis. It basically is an overall blanket of social benefits and costs, delays. Separate from that, when I read the airline letter, it is what is the rates and charges impact of the project on them, which is not really an exercise that's done in the EIS process. That's a separate rates and charges thing that just says: My cost used to be $4 in-planed passenger. It's now going to be X, and that leaves out a lot of the social cost, a lot of the delay costs.
COMMISSIONER RODSTROM: So my question, Mr. Desjarlais, if it's not being done in the EIS, where is it being done?
MR. DESJARLAIS: As soon as - once we complete the EIS and have all of that information, then we'll be able to calculate rates and charges.
COMMISSIONER RODSTROM: Is that possible? Mr. Martin -- you're not hearing what Mr. Martin is saying. Mr. Martin is saying that the EIS will not give you that information, that you need a separate study to go about doing that.
MR. MARTIN: It's not -- I mean normally that is the type of work that we would do under some kind of optional services thing under our contract, which I'm not advocating it be done that way.
COMMISSIONER RODSTROM: No, but anyway you'd have to contract for those services.
MR. MARTIN: Yes. It's a separate calculation.
COMMISSIONER RODSTROM: But we have not done that.
MR. DESJARLAIS: No, sir, we can't do it yet because we don't know the final cost and we won't know that until the EIS is completed.
COMMISSIONER RODSTROM: Okay, okay.
MR. DESJARLAIS: Which is what we've been saying all along.
COMMISSIONER RODSTROM: Okay. Mr. Martin, will you tell me what happened in Seattle, please?
MR. MARTIN: Seattle was a project. There's a parallel runway that the they've been trying to build for about 15 years in Seattle.
COMMISSIONER GUNZBURGER: Could you talk up a little?
MR. MARTIN: Sure, I'll try to do that. In Seattle they were trying to build a parallel runway. It is a very expensive project. I believe it was an $800,000,000 project when it was conceived. In Seattle, they have the same kind of outreach issues that you all are having, in terms of trying to involve the community, trying do this process the right way. There was an awful lot of public opposition to the runway project. They eventually got to a record of decision after about 12 years of various forms of study and various EIS starts and stops. When they completed the record of decision, they were still under the sort of onus of an airline agreement similar to the one that you have.
So after all this public process, basically they went to the airlines and said: Now that we have a record of decision from the FAA on this runway, you know, we want you to approve the runway as a project, and the airlines said no. Now, the counter maneuver to that by the folks at the Port of Seattle was: We don't care what you think. We're going to figure out how to build it anyway, and they basically developed a financial scheme to get around the airline agreement until it expired. And so their strategy was -- I mean they were not happy about the fact that after all this time the airlines basically pulled the rug out, but they basically had to move back and then come up with another plan to finance the runway that basically got them around the airline agreements.
COMMISSIONER RODSTROM: But that type of situation is unusual, I would imagine, and the reason it's unusual is because, in most cases, the airlines are supportive of runway expansion. Is that or is that not true?
MR. MARTIN: Most of the runways that have been built in the United States, let's say in the last 10 or 15 years, have been built at airports that are dominated by one carrier.
COMMISSIONER RODSTROM: And the carrier wanted it.
MR. MARTIN: And that carrier wanted it so it happened.
COMMISSIONER RODSTROM: By one carrier and the carrier wanted it.
MR. MARTIN: Yes.
COMMISSIONER RODSTROM: Like American dominates Miami. They want the runway, they get it.
MR. MARTIN: Yes. St. Louis, Atlanta, a whole bunch of airports. It's usually a runway at a hub dominant airline, airport and Seattle was suffering from the problem of airline neglect. Nobody really cared about it enough.
COMMISSIONER RODSTROM: Let me ask you this: In your reading of the letter that the airlines - that we had requested from the airlines, to me, that letter left a lot to be desired from what we were looking for as a go ahead position from the airlines. That letter seemed to me to have a lot of caveats in it that gave them a lot of outs should they exercise it at some point down the road.
How would we go about tightening that up and have some assurances that the airlines at the end of the day really want this airport runway as opposed to the same thing that happened in Seattle? I mean what would your -- to me, it just seems like our procedure -- how do we improve our procedure because we really haven't accomplished much by asking the airlines to write this letter.
MR. MARTIN: Well, I guess, I am going to answer that in two ways: One is that I sort of come from a background where I have always been involved in airports that don't care what the airlines think and sort of say: Here's what we want. It's our project. We're going to go forward with it. And I think the question that you probably will wind up facing is if the airlines either are apathetic or don't care or don't want it or can't support it, really it's your project, it's your airport, it's your runway.
You have to have a plan to finance this project with or without airline approval. The airline agreement that you have today expires in 2011. Now, on the scale of the movement of this project, that is not actually that far away, and so you could at least come up with a scheme that says: If the airlines don't approve the runway by date X, we have a way of getting around it which will do exactly what Seattle did which was to maneuver around the airline agreement which you can build the runway.
COMMISSIONER RODSTROM: Okay.
MR. MARTIN: I just want to add one more thing.
COMMISSIONER RODSTROM: Yeah, go ahead, please.
COMMISSIONER RODSTROM: The one thing that you will have difficulty with between now and that kind of strategy is the fact that, as I read the motion from December 9th, one of the concepts here is to have an accelerated voluntary mitigation program for folks for example, in Melaleuca Gardens, and I'm not just limiting it to them. Because that will be accelerated and you need that now and they have -- the airlines, they, have control of that now, that's the one thing that you cannot develop an independent track strategy that says: You know, I'm going to do this whether the airlines like it or not. That's the one thing you need.
COMMISSIONER RODSTROM: So let me go on that track for a second. If -- it was my understanding that the passenger facility charge which was at $3 that could go to $4.50, that passenger facility charge, I was understood that it did not require airline approval.
MR. MARTIN: You are required to have an airline meeting where they can send a letter to the FAA to say whether they concur or not concur, but the FAA does not have to - it is not a vote.
COMMISSIONER RODSTROM: Okay, and I was under the impression that the mitigation bank could be set up with passenger facility charges.
MR. MARTIN: Correct.
COMMISSIONER RODSTROM: But should we decide to do that, then what strategy do we have for, if the airlines say no, we're not going to support financially this runway, now that we've used our passenger facility charge for mitigation, what do we use to build the runway, if they're not going to pay higher rates and charges?
MR. MARTIN: Well, I mean I think the answer is, at some point, if you decide that you're going to build this runway, the airline agreement is going to expire and you can impose on them whatever rates and charges you want.
COMMISSIONER RODSTROM: You just impose it against their will.
MR. MARTIN: Yes, you just say it's a tariff. We've established it. The landing fee is now X on that phase of the runway.
COMMISSIONER RODSTROM: And then you hope that at that point in time you're not going to drive them out of your airport to go to West Palm because the costs are less?
MR. MARTIN: Well, that's sort of the non-benefit cost assessment or the rates and charges assessment, where would that leave you on a sort of competitive cost basis versus Miami, versus Palm Beach, and versus other airports.
COMMISSIONER RODSTROM: Okay. And the last question I have for you, it had to do with the mitigation in the report that you submitted. The mitigation still has $85,000,000 on the max for the 65 DNL.
MR. MARTIN: Yes.
COMMISSIONER RODSTROM: And, you know, I guess my question is: In light of Melaleuca Gardens, you know, I guess the reason it's $85,000,000 is because you're only taking a portion of Melaleuca Gardens in your report is that's what I'm understanding?
MR. MARTIN: That is why it's not the higher number.
COMMISSIONER RODSTROM: So you're only taking a portion of Melaleuca Gardens, and does this report consider the cost of purchasing the hotel?
MR. MARTIN: It does not.
COMMISSIONER RODSTROM: It does not. So the cost of the hotel would be in addition to the 85?
MR. MARTIN: I believe the cost of acquiring the hotel was in our original cost of building the runway, so I think we put a number in -- Larry is confirming this for me.
COMMISSIONER RODSTROM: So that's in a separate area, not part of mitigation?
MR. MARTIN: When we had done the report in December, we said here's the cost of building the runway. We included demolishing that hotel as part of that project. In the Melaleuca Gardens assessment of noise impact, we did not assume acquisition of every house in that area in the report.
COMMISSIONER RODSTROM: And then when you first looked at this report, it struck me that, you know, originally it was thought that you would elevate just a portion of the runway. Now I think the thinking has changed, that maybe you can elevate most of the runway and you elevate the aprons leading up to it.
MR. MARTIN: Yes.
COMMISSIONER RODSTROM: Okay. That being the case, then with a 36-foot elevated runway, or thereabouts, you're going to be up closer to the noise berm than you are currently. Was that taken into consideration the impact on Melaleuca Gardens, the fact that you're elevating the entire runway and the noise berm might not have the -- it might not be as effective as it is today?
MR. MARTIN: That was not accounted for.
COMMISSIONER RODSTROM: That was not accounted for. So we don't know, as we elevate the runway, the impact it's going to have on Melaleuca Gardens?
MR. MARTIN: Yeah, I should clarify one thing, is that the integrated noise model, which is the computer system that produces those contours basically assumes that adjacent to a runway, it's a flat plane, basically there's nothing there. So the contours that we have today don't -- that we've printed already don't take in account the effect of either noise walls or berms or whatever. And moving the runway up in the air is going to cause the noise to propagate further to the south.
COMMISSIONER RODSTROM: I would say it's going to have a dramatic impact.
MR. MARTIN: So you either need higher walls or higher berms or higher whatever.
COMMISSIONER RODSTROM: Right, so you may need so much fill you're going to have to dredge all of the Intracoastal waterway before you're finished. I mean you know, I guess but the point being is that you have that noise contour --
MAYOR LIEBERMAN: Okay.
COMMISSIONER RODSTROM: - of the $85,000,000 for mitigation that you've set aside for Melaleuca Gardens, just so everybody is clear, only takes a portion of Melaleuca Gardens and does not take into consideration the fact that the entire runway is now under - the latest idea is to be elevated so we don't lose the 500 foot capacity at the other end. And, so, therefore, it may be much greater impact and there may be much greater mitigation required on Melaleuca Gardens besides the $85,000,000.
You know in short, you know, I see where this is going, and I'm just going to make my statement, Madam Chair, and then I'll be done. I mean this - we do not - this started out at a half a million dollars and we're going towards a million dollars very quickly, and these 15 gates of ours are going to cost about $80,000,000 per gate to add to the capacity of this airport, and we don't even know if the airlines want this thing or not but we're going to go ahead and do it anyway because we think we need it. And that's what I object to. We said we were going to stick together. We said we were going to limit the gates if they didn't say yes, and here we are today, the airlines have said -- you know, they're not saying yes, we could quantify it or qualify it, but we haven't done that, and we're going to wait 18 months until we get the EIS before we do the cost benefit analysis in its entirety so we can present to the airlines: Hey, do you really want to pay for it now, and we've spent all this money. I'm done.
MAYOR LIEBERMAN: Okay, Mr. Martin, please don't sit down.
(Applause.)
MAYOR LIEBERMAN: Again, I said at the very beginning we don't do that in our chambers. We give everybody the same courtesy. I didn't realize you were in our chambers before, but you heard the discussion, and I know you were at our December 9th meeting where we talked about some restrictions as part of the motion on the airport. Have you had experience in this matter? Can those restrictions proceed apart from the EIS and the work that's being done? Can they have their own life? Can they be transmitted now?
MR. MARTIN: I would yield to Mr. Schneiderman on this one, but my understanding is there are two alternatives for putting on those kind of restrictions. You could include it in the EIS as a mitigating measure to the growth and the project that is being examined by the EIS, or you can start a separate study, which I believe is called a Part 161 study, which submits to FAA other restrictions that are outside the EIS that you may want to have happen even if the EIS never gets a record of decision. So, for example, if for whatever reason the EIS never leads to a record of decision, I believe it's Part 161 type of analysis that proposes to add restrictions to the airport would go ahead independent of that, I believe. I am not certain about that.
MAYOR LIEBERMAN: Okay. You mentioned Mr. Schneiderman. Is he here?
MR. MARTIN: This is a legal question.
MAYOR LIEBERMAN: Can we ask him to come forward, please?
MR. SCHNEIDERMAN: I'm Michael Schneiderman from the law firm of Foley & Lardner.
MAYOR LIEBERMAN: I'm assuming you heard the discussion and my question, so I'm just wondering if you have an answer.
MR. SCHNEIDERMAN: If the restriction is a runway restriction, that would require a proposal to the FAA in this process which is colloquially called a Part 161 process, which the FAA would review under some very strict standards as to whether that restriction interfered with interstate commerce and various other standards. In the history of Part 161, which is now about 15 years old, the FAA has never approved a noise or access restriction. There are two other -
MAYOR LIEBERMAN: And if you would speak more clearly in the mike, I believe I heard you say it's 150-year history, they never approved a noise restriction.
MR. SCHNEIDERMAN: Fifteen year. If they - a restriction, a so-called noise or access restriction which would be the restriction on the use of a runway, time of day, nighttime curfews, runway restrictions, those kinds of restrictions need to be submitted to the FAA under a procedure which is called Part 161 which refers to the Code of Federal Regulations part which has those rules. If it turns out that restriction doesn't have any material effect on the capacity of the airport or delays or the operation of the airport, it might well be approved.
There are two other ways of going about this. One is, as Steve said, through the EIS process. And the third is through the Part 150 process. The Part 150 process, which is a noise study, which, as I understand it, you are planning to do. One of the things that airports frequently consider, and, in fact, the statute lists among the things to be considered, are runway use restrictions, curfews, flight track changes. So there are a number of ways of doing this, only one of which is dependent upon the EIS process, and they can be submitted separately, but when you submit it separately, it will only be about the existing airport. To the extent that you're talking about impacts of the runway project, that will need to await the EIS.
MAYOR LIEBERMAN: Theoretically could you submit them separately for the existing airport? Would it be more likely to get existing -- restrictions approved for the existing airport quicker than waiting for the EIS to be completed, the Part 161 process to be completed, and also at the same time have a parallel in that process that extended those restrictions over whatever the new configuration of the airport was?
MR. SCHNEIDERMAN: The -- to describe the FAA's processing of this kind of thing is quick, is optimistic.
MAYOR LIEBERMAN: No. I don't expect it to be quick, but quick, shorter versus longer?
MR. SCHNEIDERMAN: It's hard to know how long it would take them or to the extent to which they would find themselves trying to combine the two, separate processes, but if it is something that you want to do now and it deals with the existing airport's impacts, I would say it's worth a try, that it is possible to ask, and the FAA may well do nothing, or they may ask you for more information. I'm not going to tell you that it will be a successful process.
MAYOR LIEBERMAN: Okay. And nothing would preclude us if we -- if we were to decide to do the separate process for the existing airport, that doesn't preclude us, in the course of the EIS, from looking at that over the new configuration as well, correct?
MR. SCHNEIDERMAN: Nothing that you are doing today, on this or on the EIS, confines this commission's discretion with respect to any aspect of the airport or the airport development. You are --
MAYOR LIEBERMAN: Can -- I'm sorry, go ahead.
MR. SCHNEIDERMAN: You are at the front end. You are at the early step of a process that has a whole lot of steps in which your discretion remains unconfined by anything that you are doing today.
MAYOR LIEBERMAN: Okay. And to start the process apart from the EIS at this point, what type of information would we need to acquire?
MR. SCHNEIDERMAN: Well, I'd want to take a closer look at what the choices are here. The information that you need to supply depends a lot on what it is you're going to propose.
MAYOR LIEBERMAN: Are you familiar with the flight tracking request and the nighttime restrictions?
MR. SCHNEIDERMAN: In a general way, Mayor, but not with the details of how the flight tracks would be adjusted. Flight track adjustments with the FAA are taken seriously because it involves their airspace management. The airspace in this region is somewhat complicated, not the most complicated in the United States to be sure, but complex all the same. And the FAA's process of looking at airspace changes can sometimes take a very long time and require data that I can speculate as to what they might need, but consulting with the FAA would be a better way to decide what that menu of data should be.
MAYOR LIEBERMAN: All right. I would like to yield the floor for one minute to Commissioner Rodstrom who is our airport commissioner to see whether he would like to float a motion asking the attorney to research what information we would need to start a separate process for imposing the restrictions now on the existing airport. Commissioner Rodstrom, I'm going to yield to you, and then I have Commissioner Eggelletion, followed by Commissioner Parrish, and I'm finished.
COMMISSIONER RODSTROM: And what I would like -- so from what I heard you say, is the Part 150 is probably best contained there. Is that -- I guess what we'd be asking you to do is to research for us the most expeditious way to come back to this board to give us the -- to put together -- help assist us in putting together an application to the FAA that would put in nighttime restrictions on the airport. Just let me get to that, first of all.
And as part of those nighttime restrictions, I'd want you to tell us and guide us to what nighttime restrictions would be the most reasonable in light of your experience, not knowing whether it's 1:00 to 5:00 or 12:00 to 6:00 or whatever, what would be our best chance to restrict night flights, and what period and what hours, I would want to have the benefit of your expertise in helping us accomplish that, and whatever information we needed to obtain to accomplish that, I'd want you to come back and tell us.
The second thing is, this commission has been interested in flight tracking, and I'd like to explore that with you as well. What we have not done with flight tracking, is we would want to also make sure that the noise contours -- you know, we just haven't moved the problem to someone else's neighborhood, but the idea would be with flight tracking would that be that we'd inconvenience the least amount of people based on a noise contour level. And so really it's a two-prong process, the flight tracking and also the nighttime restrictions on the airport.
MAYOR LIEBERMAN: Okay, Commissioner.
COMMISSIONER RODSTROM: Because one of the greatest complaints that we have received are the 2:00, 3:00, 4:00, 5:00 in the morning, and also as part and parcel to that, whether we can do anything in the way of engine noise run ups. We consistently have those complaints, single event type of issues in and around the airport where folks just run the engines up at odd hours of the night, if we can impose certain restrictions and/or fines for violations of those kinds of ordinances that we might put in place.
MAYOR LIEBERMAN: And now, Commissioner Parrish, since you were kind enough to have uncovered this information, would you like to second Commissioner Rodstrom's motion?
COMMISSIONER PARRISH: Sure.
MAYOR LIEBERMAN: I'd like to now take that motion and lay it on the table while we finish discussion and then we'll hear both motions at the same time and vote on them. I have next on the queue Commissioner Eggelletion, followed by Commissioner -- you've already spoken Commissioner Parrish, Commissioner Scott, followed by Commissioner Parrish, followed by Commissioner Gunzburger. So it will be Commissioner Eggelletion, Scott, Gunzburger, and Parrish.
COMMISSIONER EGGELLETION: Thank you, Madam Mayor. I need to, Mr. Desjarlais, speak with Mr. Martin --
MR. DESJARLAIS: Yes, sir.
COMMISSIONER EGGELLETION: -- or Mr. Jargiello, either one.
MR. DESJARLAIS: If you'll ask the question, we'll figure it out.
COMMISSIONER EGGELLETION: Okay. The first question is dealing with the type airport we have as distinguished from other type of airports. I think there are two general types considered, whomever would like to answer that, I'd appreciate it.
MR. DESJARLAIS: Okay, Commissioner. Mr. Martin, can you help us with that, please?
COMMISSIONER EGGELLETION: Mr. Martin, isn't it a fact that there are basically two general types of airports, the way they're basically classified by the FAA, some that are controlled by -- decisions have to be made by airlines and the others. Can you explain those two types of airports to us, please, sir?
MR. MARTIN: Yeah, the FAA is not a major player in that distinguishing factor, but basically there are -- the way airports operate as enterprises is either usually one way, which is with an airline agreement.
(COMMISSIONER WASSERMAN-RUBIN LEFT THE ROOM.)
COMMISSIONER EGGELLETION: Right.
MR. MARTIN: That allows the airlines to approve capital projects, control the flow of money, and defines the rate setting mechanisms at the airport.
(COMMISSIONER PARRISH LEFT THE ROOM.)
MR. MARTIN: For example, at this airport, parking revenue generated is credited back to the terminal rental rates. That is in any airline agreement. There are another set of airports that just do not have airline agreements, that just say: We're operating this as sort of a tariff kind of structure. We will decide what capital projects and you will pay whatever rates we develop.
COMMISSIONER EGGELLETION: So, generally, there are two types of airports then, those that operate with the consent of the airline industry, and those that do not operate with the consent of the airline industry; is that correct?
MR. MARTIN: Yeah, and there's a continuum in reality. I mean there are some airline agreements today, not true ten years ago, but today that have no teeth in them. So there's the fig leaf of an airline agreement, but the reality is the airport can do whatever it wants, and San Francisco is an example of that.
COMMISSIONER EGGELLETION: May I ask you a question? With respect to Miami, what type of airport is that, do you know? Does it have to have the consent of the airline industry to make decisions? Is it similar to Fort Lauderdale, where we have to have the airline industry -
MR. MARTIN: I believe Miami does not have an airline agreement of the type that you have today.
COMMISSIONER EGGELLETION: Okay. And what type would -- I think you mentioned several others. Miami, let's say, Chicago O'Hara.
MR. MARTIN: Chicago has an airline agreement, and largely because they're dominated by particular carriers. There's a high correlation between the strength of an airline agreement and the particular dominance of an airline or two.
COMMISSIONER EGGELLETION: And what about New York?
MR. MARTIN: The port authority's agreements are complicated, but the ones for LaGuardia and Kennedy expired last year. Newark has a longer term agreement as part of the original agreement by Continental to put a hub there.
COMMISSIONER EGGELLETION: So I guess my point is -- of this is, Broward being an airport that have to have airline agreements and other airlines that do not, with respect to the -- with respect to the runway, is it in airlines or airports that do not necessarily have these -- have to have these agreements with the airport? Do they have more difficulty or less difficulty in terms of approval of runway expansion?
MR. MARTIN: Airports that have --
COMMISSIONER EGGELLETION: As far as airlines are concerned.
MR. MARTIN: Right. Airports that have a dominant airline usually have an agreement in getting approval for a runway in that case is not that hard. Airports that have agreements with airlines but don't have a dominant airline, like an old agreement, which is the situation you're in, a very old agreement that's sort of, you know, outdated to be honest, have a very difficult time getting airlines to approve runways. Airports that have no agreements make the decisions regardless of what the airlines say or think.
COMMISSIONER EGGELLETION: So, I guess, I ask that point because of the fact that when we look at airline expansion throughout the United States and particularly here in Broward, it's common that you're going to have these difficulties, and it's common then, based on what you're saying, that the airline industry sometimes balk because of really an outdated agreement, and they know that they can be a little bit more pushy than other folk normally would.
So, you know, I -- and, secondly, I think -- I think Mr. Pollock made a very good point when he pointed out, as most of us do, in fact, know, it is ludicrous to think that the airports are going to sign a blank check to say what their cost is going to be or how much they're going to pay prior to knowing what it's going to be, but I do have a couple of more questions.
The berm, let's take a look at the berm. Commissioner Rodstrom asked you about the berm and the EIS or the noise impacts, you know, with respect to that. Will the EIS that's going to come back to us in, I guess, we're targeting 18 months, will that also take in effect this rise in the airport and tell you what the noise will be at that point?
(COMMISSIONER GUNZBURGER LEFT THE ROOM.)
MR. MARTIN: The rise of the runway?
COMMISSIONER EGGELLETION: Yes.
MR. MARTIN: The way the model works that generates the outputs, one of the inputs is exactly what the profile and the elevation of the runway is, so I assume that when the EIS comes back with new noise contours that will be different than the ones that we worked on, it will reflect the decision, if it is a decision, to change the profile of that runway, because they will put that input into the model, and it will move presumably the contour further into the community.
(COMMISSIONER PARRISH RETURNED TO THE ROOM.)
COMMISSIONER EGGELLETION: So we'll know exactly what the noise contours and the noise impacts will be once we get the EIS back; is that correct? There will be no guesswork. You'll know exactly what it is, correct?
MR. MARTIN: Correct.
COMMISSIONER EGGELLETION: So that settles the berm issue. Let me -- the change -- you know, all these changes that people are talking about and whatnot -- well, first, I have another question of the lawyer that I need to ask, Mr. Desjarlais, if you don't mind.
MR. DESJARLAIS: Thank you, sir.
Mr. Schneiderman.
COMMISSIONER EGGELLETION: I just want to ask you a question about the issue with this flight tracking and whatnot. When you get this new runway built, I'm assuming, you know, the EIS and where the flights are going to come in and out of, does the EIS generally deal with takeoff and landings, and does it generally deal with noise contours involving where the FAA will say these flights will come once you get that EIS back?
(COMMISSIONER WASSERMAN-RUBIN RETURNED TO THE ROOM.)
MR. SCHNEIDERMAN: Yes. The model, in fact, the noise model requires the identification of flight tracks.
COMMISSIONER EGGELLETION: So if the noise model requires the identification of flight tracks, why would we want to go and ask for a flight track today when you don't know whether or not that will hold true once you get the EIS or record of decision back in 18 months? Why would we want to do that today?
MR. SCHNEIDERMAN: Commissioner, as I understand the request, it was to distinguish between the airport and the flight tracks that will exist when a project is built from the airport that exists between now and the time a new runway is commissioned, which will be a period of several years. So it is possible to at least consider some sort of noise abatement system, whether it's flight tracks or some other measure, that would be effective during the period between now and when you have whatever project emerges from the EIS project.
(COMMISSIONER GUNZBURGER RETURNED TO THE ROOM.)
COMMISSIONER EGGELLETION: Who generally -- who generally -- who is it that -- what agency of government generally determines what the flight track will be coming into a major airport? Is it not the FAA?
MR. SCHNEIDERMAN: It's only the FAA.
COMMISSIONER EGGELLETION: Only the FAA. And when the FAA decides on what direction or what flight track airlines will use, does it not take under consideration the impact on residents that these planes are going to be flying over?
MR. SCHNEIDERMAN: Yes.
COMMISSIONER EGGELLETION: And so I'm assuming then that because the flight track that we have today, that the FAA obviously then have looked at the noise impact of the residents that are currently situated where they are? Is that a safe statement?
MR. SCHNEIDERMAN: Commissioner, I don't know what the history -- and the history at airports varies quite widely. I don't -- I don't know how the flight tracks that are there today got there.
COMMISSIONER EGGELLETION: But you do know that the FAA look at the impact of residents that they're going to be flying over, correct?
MR. SCHNEIDERMAN: It generally does, but if these flight tracks are very old, it might not have.
COMMISSIONER EGGELLETION: Okay. I don't know how old these flight tracks are, you know. But, at any rate, we do know that the FAA look at that. Thank you very much.
MAYOR LIEBERMAN: Commissioner Eggelletion, can I move on?
COMMISSIONER EGGELLETION: Well, I have one last thing, Mayor, and that is, with respect to some of the information that was being asked in terms of the charges, I think the County Administrator clearly pointed out, we don't know what those charges will be to the airline until we know exactly what the cost and everything is, and we won't know that, did you not say, Mr. Desjarlais, -
MR. DESJARLAIS: Yes, sir, that's correct.
COMMISSIONER EGGELLETION: -- until we get the EIS back; is that right?
MR. DESJARLAIS: That's correct.
COMMISSIONER EGGELLETION: So it would be premature for us to start imposing any type of cost on the airline because we don't know what that cost will be. It might be that we ask for a reduction. It might be that we ask for more. So, Madam Mayor, with that, I don't have any other questions right now.
MAYOR LIEBERMAN: Now, before I recognize the next speaker who have I Commissioner Scott, I just want to remind everybody, we've been on this item -- I said we're going to recognize people who haven't spoken first. I said that a few minutes ago. That we have been on this item about an hour. We've got about 45 minutes before we break for lunch.
Commissioner Scott, followed by Commissioner Gunzburger, followed by Commissioner Graber, followed by Commissioner Parrish.
COMMISSIONER SCOTT: Okay. Thank you. Thank you, Mayor. It is of considerable concern, and I don't want anybody to be mistaken, that the people in Davie and elsewhere that have noise problems and problems including Commissioner Parrish's house, where I've been there when some airlines have come over, with the current airport. So I think the idea of any improvement there, that's fine.
We don't know a lot of things. We need to do a study. It may be that all of us will change our mind in different directions after we get all the information, but what we do know, one thing we do know, and this is the latest report of yesterday from the airport, that in May of this year, that our airport served 1,659,799 passengers, which is 19.4 percent over the same month last year and reflects the eighth consecutive month that our passenger count has exceeded a ten percent growth.
Domestic traffic was up 18.2 percent and international, 39.3. In the calendar year-to-date, Fort Lauderdale Airport -- Fort-Lauderdale-Hollywood Airport, excuse me, has processed over 9.1 million passengers, which exceeds the same time period last year, the first half of last year, by 18 percent, and it keeps it on track as one of the busiest airports in the United States. So we know we have to deal with this problem. I would suggest to people who I know who have spoken here that have grave concerns that we get the study information and save the information until then and then we see what we're able to do to assist. It may well be that the new runway might make it better. For example, we don't know this. For all the people who are now affected in Davie, just as one example.
So why don't we get the study, and let's go ahead and whatever else you can try to do to alleviate from the current airport is fine, but let's -- this is not -- we tend to think of this as tourists. The people flying this airport, they're our people. They're people who live here, who work here, who have located businesses here. They're people in education, in government, and other walks. So, tough problem, but let's get all the information, and then we're going to give it a fair deliberation. And I know some of you have trouble thinking about that from the people who seem to be not always on your side, but that's what I intend to do. So, I would urge us to go ahead with the EIS study and whatever else that Commissioner Rodstrom wants to do regarding the current situation is fine, but I would urge us to go ahead and that's the last thing that I'm going to say today, that we go ahead with the studies.
MAYOR LIEBERMAN: Commissioner Gunzburger.
COMMISSIONER GUNZBURGER: Thank you. When I just heard that there's a very good chance that we would be elevating the entire runway and I think of the residents to the south that already have been burdened with the noise from the airport, they never envisioned -- those to the south who have been burdened by the runway for so many years, not that they didn't know it was there -- they all knew it was there, Ann, but they never expected it to grow like it has grown, which is neither the airport's fault, nor the residents' fault. But to end up with an elevated runway is something even I never envisioned, and the impact it would make on everyone on the southern part -- on the southeastern part of Broward County.
To have a flight -- to relook at a parallel north runway, which I think would also mean that they would really seriously consider using 595 as a guide to a flight path I think would make a lot more sense than the current plan that we have, and I'm going to be supportive of Commissioner Rodstrom's nighttime -- look at restricting nighttime traffic. Most of the nighttime flights, by the way, are not passenger, but are commercial.
MAYOR LIEBERMAN: Okay. Thank you.
I have Commissioner Graber, followed by Commissioner Parrish to close.
COMMISSIONER GRABER: I'm supporting the -- that we go forward with the EIS plan, development without any changes. Also, any modification to present business at the airport, I think we have to consider, as Commissioner Gunzburger said, most of these are commercial flights. We have basically, two airports. We have a passenger airport, and we have an airport that brings in goods. And most of that happens in the evening, and that has been increasing as well.
So, Mr. Desjarlais, if I could ask Mr. Jargiello.
MR. DESJARLAIS: Yes, sir.
COMMISSIONER GRABER: What impact would it have on the commercial aspect of bringing in goods to the airport if we start to limit evening flights for commercial? In other words, what's the economic impact?
MR. JARGIELLO: Tom Jargiello, Director of Aviation.
Commissioner, that's one of the issues that would be raised with the FAA. As you heard, Mr. Schneiderman, one of the evaluations they would make would be the impact on interstate commerce. The interstate commerce, which would be what we would be referring to, would be the nighttime transfer of cargo on the carriers such as UPS and Federal Express. That is one of the evaluations that the FAA would go through in evaluating that. The impact to them on their interstate commerce transaction is the way they do business all over the world and all over the country is at night, the impact, and they would evaluate that in responding to our request as put forward.
COMMISSIONER GRABER: If we unilaterally decide to limit that, can the FAA overrule us, or will they just go around us?
MR. JARGIELLO: I'm going to defer for a supplemental answer to Mr. Schneiderman, but I do not think that we have the authorization to do that, because of the acceptance of the federal grant agreements, the county has executed a number of grant covenants which agree to defer to the FAA in the control of the airspace. And I would just defer to Mr. Schneiderman, if he needs any correcting to that response, if you can.
MR. SCHNEIDERMAN: The short answer is, is that the airport cannot unilaterally limit its use or affect flight tracks. There are a lot of reasons for that. There's not just one source. There are the grant agreements, as Mr. Jargiello says. There's also a statute that says so. And quite aside from that, there are courts that have held that the constitution prohibits it.
COMMISSIONER GRABER: So regardless of what we do, the FAA can choose to do what they see fit regardless of our request?
MR. SCHNEIDERMAN: Yes.
COMMISSIONER GRABER: It's really just a request; it's not a demand on our part.
MR. SCHNEIDERMAN: The FAA has exclusive jurisdiction over the airspace.
COMMISSIONER GRABER: Okay. Thank you. That's all I need to know. I think a request is fine. I don't think they'll change basically what they're doing anyway, but we should in no way impact the ongoing EIS plan by making any changes that appear unilateral. And I'm supporting we move forward with this report, and if Commissioner Rodstrom wishes to make those requests, I'll support that.
MAYOR LIEBERMAN: Okay. Commissioner Parrish to close.
COMMISSIONER PARRISH: Yes. I have several questions. First of all, I wanted to ask Mr. Schneiderman, we've apparently been given some false impressions. I even confirmed with Mr. Desjarlais that he was told too, we were told that we needed to amend our EIS in order to get any flight restrictions or flight tracking. I was specifically told that by numerous people on numerous occasions. That being said, are there other areas of the country that have flight restrictions and flight tracking?
(COMMISSIONER EGGELLETION LEFT THE ROOM.)
MR. SCHNEIDERMAN: Flight -- noise abatement flight tracks exist at --
COMMISSIONER PARRISH: To get a noise contour, because if Mr. Martin, I looked at our other maps they gave us with the noise contours, and it looked as if we moved them up over 595, we would eliminate or give lots -- hundreds of residents relief without having a negative impact on residents by -- that it simply moved the noise contour up. So if -- why -- is it possible to do that?
MR. SCHNEIDERMAN: It's possible for the airport to ask. It is difficult to get the FAA to agree.
COMMISSIONER PARRISH: Okay. Have other areas of the country received FAA approval?
MR. SCHNEIDERMAN: At a number of airports, there are flight track modifications, runway use programs, various kinds of restrictions on the operations of aircraft, particularly at night.
COMMISSIONER PARRISH: How did they get those?
MR. SCHNEIDERMAN: In every case, it was with the FAA's concurrence frequently as a product of a Part 150 study, but always with agreement.
COMMISSIONER PARRISH: And a half you reviewed the information we have in our Part 150 study so far.
MR. SCHNEIDERMAN: In the old Part 150 study?
COMMISSIONER PARRISH: Uh-huh.
MR. SCHNEIDERMAN: Yes.
COMMISSIONER PARRISH: Okay. Is there anything in there that would enhance our argument for flight restrictions or flight tracking?
MR. SCHNEIDERMAN: I don't recall whether this was specifically studied in that study. As I understand it, a new Part 150 study is contemplated, and this would be an entirely appropriate subject for that, and my guess -- and this is just a guess -- is, is that any request of this kind that came to the FAA would probably be deferred to the Part 150 study. That is the usual way the FAA likes to consider this sort of thing.
COMMISSIONER PARRISH: Okay. Are there other areas of the country that limit the number of gates that can be built so that -- I mean when you look at it, so that you have some idea: Okay. We'll get this big, and then this airport in this location is simply not large enough to go any further than this?
MR. SCHNEIDERMAN: Commissioner, you -- this commission and any airport operator never gives up the power to decide not to build something. If you don't wish to build new gates, you don't need to. There is no federal power to compel you to.
COMMISSIONER PARRISH: That's strictly a local Broward County Commission decision?
MR. SCHNEIDERMAN: It is your airport. There are things that you can't do with the existing facilities, but you cannot be forced to build new gates, and there are airports that don't build new gates. That isn't always a complete solution to the problem. Airlines find ways, but that is within your control.
COMMISSIONER PARRISH: Okay. The other thing is, within this environmental impact study, we have seven alternatives. One of the alternatives is do nothing. One of the alternatives, we want studies, is if we do nothing, what will all these things look like. There was a motion made by the Board of County Commissioners, because it was difficult -- I don't know if someone's told you. It seemed to be in December, there were four people one way, two people one way, and three people another, so that made it very difficult to get to five. The motion that was approved as a compromise was to simply show the south runway as the preferred alternative when we looked at the environmental impact statement. Do you believe that that in any way jeopardizes an independent review, or should we take a preferred alternative out and simply submit -- have the seven -- does that in any way have a positive or negative impact on the outcome?
MR. SCHNEIDERMAN: I don't think it has any impact because the FAA will control the EIS process. One thing to remember is that although you are paying for the EIS, the FAA all by itself exclusively controls it. It decides what is in there, what is studied, what alternatives will be considered. That is entirely up to the FAA.
COMMISSIONER PARRISH: And they did such a bang-up job the last time. Well, do you believe that the FAA takes an independent view?
MR. SCHNEIDERMAN: Yes, not independent --
COMMISSIONER PARRISH: Do they actually -- let me -- maybe instead of all these questions, let me ask you this: Suppose you were a county commissioner that recognized the economic side of this issue, that we needed some expansion. You were no expert. You were no engineer, that you knew that the economics of the issue that we need some kind of relief, because right now, I believe that the area I represent it will only get worse because all the big planes are flying in both directions over our area. However, if you wanted to expand the airport in as environmentally neighborhood as friendly way as possible, what would you recommend as your expertise that the Board of County Commissioners do.
MR. SCHNEIDERMAN: Well, I think I'd do pretty much what you're doing. You've identified a problem, and you are telling the FAA what that problem is. The FAA will then look at all of the reasonable alternatives that might respond to that problem, including, by law, the do-nothing alternative. They are required to look at that, and they always do. Given the objectives, you have to start the process someplace.
At this stage of the process, there's always a balance between being so general, just without any kind of a proposal on the table that the process really cannot intelligently proceed and being so specific that you have forced the decision before the studies have even begun. And so you try to find a happy medium, which is, I believe, what is happening here, in which you have identified a problem, and the FAA will now take that through a very well established, routine process of looking at alternatives, identifying alternatives, which will be a very large collection of alternatives, which will be winnowed down through a screening process and then do a thorough environmental study of the remaining alternatives. That's how this is done. That's what you're doing.
COMMISSIONER PARRISH: Did you read our previous environmental impact statement?
MR. SCHNEIDERMAN: The draft, yes.
COMMISSIONER PARRISH: Okay. That -- well, how is that one different than this one, except we're updating it? I mean.
MR. SCHNEIDERMAN: Well, updating is important.
COMMISSIONER PARRISH: But that one --
MR. SCHNEIDERMAN: That process was never finished, and what you are doing now is standing on the shoulders of that, to some extent, and completing it. I can't tell you how the EIS here will look different from the EIS, the draft EIS that you've already seen because it's too early to know.
COMMISSIONER PARRISH: Should we be doing more of these things together? Are we piece - - there's an argument that the residents are saying we're piecemealing this, that we don't have a comprehensive plan. And I'm not so -- like update of the 150 study, update of the EIS. Are we doing this appropriately, or should we be grouping things together or handling this differently?
MR. SCHNEIDERMAN: You are doing this in the way it is commonly done. It's not the only way to do it, but it is by far the most common way to do it.
COMMISSIONER PARRISH: Is there a better way to do it?
MR. SCHNEIDERMAN: Not under the existing legal system.
COMMISSIONER PARRISH: Okay.
MAYOR LIEBERMAN: All right. Commissioner, if you could sum up.
COMMISSIONER PARRISH: Well, do you have any additional recommendations to us to protect ourselves, our neighbors, and our residents from the FAA? Is there something else we should be doing that we haven't thought to ask?
MR. SCHNEIDERMAN: Commissioner, I'd want to give some more careful thought to that and I don't want to give you a snap judgment on that, but I believe that the process that you are initiating, that you are at a very early stage of, has got built into it an enormous amount of consultation with the public, with federal, state, local agencies. It's a pretty open process the way the FAA runs it. There will be many opportunities for people to participate with their views and their data. I don't know of a better process than that, that ultimately reaches some kind of a decision.
COMMISSIONER PARRISH: Okay, I have one more question. Has anybody in any other part of the country ever had a tax cap? Are you familiar with Florida's -- if you have a homestead exemption and it's your homestead, we have an exemption of 25,000, but that's not the issue. We have a three percent tax cap of your assessed valuation. I don't know if anybody else has it. I don't know where in here it says that, but it was brought up that if we were to have to buy out homes, they would lose that tax cap. Are you aware of any situation like that anywhere else in the country?
MR. SCHNEIDERMAN: I'm afraid, Commissioner, I'm an aviation lawyer, and I don't know the answer to that.
COMMISSIONER PARRISH: Okay, thanks.
Madam Mayor, my last thing is I want to offer an amendment on Page 55 under task 11.4.2, real estate value and property tax base.
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: I want to add, and I'm not sure how it should be written, but how to handle the legalities of the Board of County Commissioners providing that the three percent Save Our Homes cap is transferable. And I don't know if that's the correct legal term, but I have been told by other lawyers, that as a county ordinance, part of our negotiation, that we could, in fact, include that. That like, say you had a home that is assessed at $12.30 --
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
COMMISSIONER PARRISH: -- and we buy your home for $25, but you've got a tax cap of $11, that somehow for you to keep your benefit, if we had to do a rational nexus between a home in another neighborhood that was built at that time, comparably was $12.30 but if the increased property values took it up so that you actually take the Save Our Homes value with you, otherwise, you would have to -- there is an argument to be made you would have to go above the appraised price of their home and add the value in of our Save Our Homes value over the course of time they would have lived in the area.
MAYOR LIEBERMAN: Commissioner Parrish -
COMMISSIONER PARRISH: No, I'm asking Mr. Dion.
MAYOR LIEBERMAN: Are you - I want clarification on your amendment.
COMMISSIONER PARRISH: No, I want to add that.
MAYOR LIEBERMAN: I want a clarification on your amendment. Are you asking as a task that he evaluate whether it's possible to transfer the Save Our Homes or are you directing him to do it?
COMMISSIONER PARRISH: I don't know if it's a he or she so I'm asking they.
MAYOR LIEBERMAN: No, I thought you were asking Mr. Dion whether you're asking Mr. Dion - I need clarification on your amendments.
COMMISSIONER PARRISH: I want to rewrite the language on Page 55, under task 11.4.2, real estate value and property tax base to determine on real estate values and property tax base, within that task, I want to outline it to make sure they consider how to handle the three percent Save Our Homes value for the residents should there be an issue. I mean I don't know that there will be an expansion in light of -- but what I'm saying is that needs to be included within the real estate value and property tax basis.
MAYOR LIEBERMAN: Just as a point of clarification, what you're asking is as we go through this analysis, they look to see if there's any way that we can give consideration for the Save Our Homes, we're not the directing them to do that.
COMMISSIONER PARRISH: I'm directing them to come up with a way.
MAYOR LIEBERMAN: I think you've got some constitutional issues.
COMMISSIONER PARRISH: We're directing them to come up -- well, Ed , which way -
MAYOR LIEBERMAN: I would support asking him to look at it to see if we can do it. I don't think we can direct them.
COMMISSIONER PARRISH: Okay. How do -- what's the best way to word this, Mr. Dion, but that's my point, to address the appropriate economic consideration for the residents with respect to their three percent Save Our Homes value in the State of Florida in Broward County? How do you -- see, a commercial property doesn't have the same issue, but a homesteaded property has a big issue.
MR. DION: The question that I have is whether you want Landrum & Brown to do that or you want our office to research that issue?
COMMISSIONER PARRISH: Both.
MAYOR LIEBERMAN: Mr. Dion.
COMMISSIONER PARRISH: Because Landrum & Brown are taking a look at real estate value and property tax base, and I believe that that issue is germane to that task, otherwise you couldn't get a real answer.
MR. DION: I mean if the board wants to change that task.
COMMISSIONER PARRISH: Okay. I'll offer that amendment, that that issue be included within task 11.4.2.
COMMISSIONER SCOTT: Madam Mayor.
MAYOR LIEBERMAN: Vice Mayor Jacobs.
VICE MAYOR JACOBS: I would second that as a task maybe A and B, and just to make sure I understand, what you're really asking for is for them to explore the feasibility of maintaining your cap?
COMMISSIONER PARRISH: Well, I just --
VICE MAYOR JACOBS: And, to me, that would fit right in with what they're already looking at, the impact, so this is just one additional --
COMMISSIONER PARRISH: Explore the -- because it says to determine the project's affect on real estate property and tax base. That three percent Save Our Homes cap is germane to this issue in Broward County and the State of Florida.
VICE MAYOR JACOBS: Right, so if we are asking them as part of the task, I wouldn't think we need the County Attorney's Office to do it as well, if they're already going to be looking at the tax base and the impacts on the resident and the reduction to the real estate values in the county, then we ought to, at the same time ask them to explore the feasibility of how we might do this or if it's possible.
COMMISSIONER PARRISH: No, no, see, I want them to look at the financial aspects of it, because I believe it will have a detrimental impact on the residents -- any resident whose property has to be purchased, if it's a residential property.
VICE MAYOR JACOBS: Correct.
COMMISSIONER PARRISH: So that's one issue.
Second, Mr. Dion, and the County Attorney's Office, looking at language for the County Commission to consider property tax relief with respect to this issue should it come to pass is separate, but I believe that there is an issue and that if anyone's home were to be purchased, they would have to have additional compensation unless there was a county ordinance in place to protect their Save Our Homes, and it would potable, that would you actually move it as they moved along.
MAYOR LIEBERMAN: Mr. Desjarlais, you had your hand up.
MR. DESJARLAIS: Commissioner, may I try to help, please? I think this is the question I'm hearing you ask, and if we can answer it.
COMMISSIONER PARRISH: I'm not --
MR. DESJARLAIS: I know but let me --
COMMISSIONER PARRISH: You think you're hearing me. I think I'm real clear.
VICE MAYOR JACOBS: But he has to understand what you want, Lori, or he can't deliver it.
MR. DESJARLAIS: If we modify the task to ask the following question: How do we compensate property owners for the loss of our Save Our Homes cap? Is that the question?
COMMISSIONER PARRISH: Right, but it's actually it says to determine the project's effect on real estate values and property tax base.
MR. DESJARLAIS: Right.
COMMISSIONER PARRISH: I believe that objective is impacted by the three percent Save Our Homes cap.
MR. DESJARLAIS: I understand.
MAYOR LIEBERMAN: But hear how Roger is framing the question because that's -
COMMISSIONER PARRISH: I don't care how you frame it. That's what I want to know.
MAYOR LIEBERMAN: Okay. How we compensate them for the Save Our Homes issue.
COMMISSIONER RODSTROM: In perpetuity.
COMMISSIONER PARRISH: Correct.
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: Okay. That needs to be amended in.
MAYOR LIEBERMAN: All right. Okay.
UNIDENTIFIED SPEAKER: Perpetuity.
MR. DESJARLAIS: Well, the question. Well, the answer is what it is.
MAYOR LIEBERMAN: Please. We have one speaker at a time. Commissioner Parrish had the floor. Commissioner Scott was next.
COMMISSIONER PARRISH: I want that amendment. Will the maker of the motion include that or do I have to make it as a separate amendment?
COMMISSIONER SCOTT: It has to --
COMMISSIONER PARRISH: Okay, I make it as a separate amendment.
MAYOR LIEBERMAN: Do we have a second? Okay. We have an amendment from Commissioner Parrish that, in the course of doing the EIS analysis, that the consultants look at how we compensate the homeowners for the Save Our Homes cap which would no longer apply when they transfer properties.
VICE MAYOR JACOBS: As a part of task 11.4.2.
MAYOR LIEBERMAN: As a part of 11.4.2 in perpetuity.
COMMISSIONER PARRISH: And then I have one more.
MAYOR LIEBERMAN: Let's just -- does everyone understand the amendment? Okay. Now you have a second amendment?
COMMISSIONER PARRISH: Yes, right.
MR. DESJARLAIS: For as long as they own the next property.
COMMISSIONER PARRISH: Well, for the property owners --
VICE MAYOR JACOBS: No, the next property.
COMMISSIONER PARRISH: - to take it with them to the next Broward County home.
MAYOR LIEBERMAN: To the next property.
COMMISSIONER PARRISH: Right.
MR. DESJARLAIS: But if they move voluntarily, you know, after that, then it no longer applies.
COMMISSIONER PARRISH: No, but they get the benefit. They don't lose anything.
MR. DESJARLAIS: Got it.
COMMISSIONER PARRISH: The other one that Mr. Martin and Mr. Howards have explained to me for a long time and I don't know who should do it, but what they were concerned about is if we were to ever get the FAA restrictions how we held onto them, because that the lifting of those restrictions was an issue. Now, I guess I want to ask Mr. Schneiderman, do we put it in this document.
MAYOR LIEBERMAN: Schneiderman.
COMMISSIONER PARRISH: What is it?
MAYOR LIEBERMAN: I believe it's Schneiderman.
COMMISSIONER PARRISH: Schneiderman. I'm sorry. My husband's grandmother was Schneider. So Schneiderman, but how do we hold on to these restrictions if we get them and does that need to be in this document?
(COMMISSIONER EGGELLETION LEFT THE ROOM.)
MR. SCHNEIDERMAN: There is -- there's no way to have -- to lock the FAA in forever. In fact, whenever they issue these tower orders or other restrictions, there is always a clause which says that changed conditions, whether for safety or airspace efficiency, that they may be changed. They rarely are. At most airports, the FAA takes the position that unless the airport sponsor asks for a change, that they won't change them.
COMMISSIONER PARRISH: Is the airport sponsor the Board of County Commissioners or the airlines?
MR. SCHNEIDERMAN: That's you, yes.
COMMISSIONER PARRISH: So, in other words, if we had a restriction, that restriction could stay so long as the Board of County Commissioners maintain their position?
MR. SCHNEIDERMAN: All I can describe to you is the practice of the FAA, most of the time in most places. The FAA will always reserve the right, the power really, to change these restrictions in the interest of safety or efficiency or whatever. However, the practice is, is that they rarely do.
COMMISSIONER PARRISH: Money.
MR. SCHNEIDERMAN: No, they rarely do it, in the absence of a request from the airport.
COMMISSIONER PARRISH: Okay. Great. Thank you.
MAYOR LIEBERMAN: Okay. Now, we have -- the first thing we have is Commissioner Parrish's amendment, which would ask in the course of the EIS under the exact section outlined by the Vice Mayor that they consider -- the consultant consider how we compensate for the adjustment in the Save Our Homes. I'm sorry, Commissioner Scott, you're right, I had you down. I apologize.
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
COMMISSIONER SCOTT: Thank you.
MAYOR LIEBERMAN: Go ahead and then we'll do the amendments. You are the last speaker, however.
COMMISSIONER SCOTT: Look, just this is very nice, but the Florida Constitution controls this. It controls the Save Our Homes. It controls whether it's portable or not portable. It controls the homestead exemption. So we're taking a study that already has 60 or 70 pages, and we want to put in it an assumption that there would be some change in this, either -- well, I guess you could put in any number of possible changes, including there's one out there to double the homestead exemption and what the effect of that would be and so on.
But I really don't think it's appropriate to put in here -- I mean you can ask them to look at it, if they can, and speculate what would happen if Save Our Homes became portable which we might support, but that's really sort of a separate thing and it's interesting to talk about, but it really shouldn't be in the scope of services in this agreement, and it's just muddling it up.
COMMISSIONER PARRISH: I think --
MAYOR LIEBERMAN: I didn't recognize you, Commissioner Parrish.
Commissioner Eggelletion.
COMMISSIONER EGGELLETION: I have a question on the amendment on a term that is used, perpetuity, and I need -- Mr. Dion, if this were to be adopted, and let's say that it does occur, are we saying that -- let's say under the Save Our Homes, your property is reappraised at 85 percent now of its value. Are we saying that if we decide to buy out Melaleuca, that when the individuals living there purchase a second home, that we're going to pay whatever the difference is in what they're paying in taxes now as to what they will be paying in the future under the Save Our Homes amendment for the rest of their ownership of that house? If it's 50 years, are we saying we're going to pay that difference for 50 years consecutively to those individuals no matter what that difference is?
MR. DION: Well, there won't be an impact unless they sell their home.
COMMISSIONER EGGELLETION: I understand.
MR. DION: There won't ever be an impact.
COMMISSIONER EGGELLETION: I understand, but if they sell their home, are we saying that we're going to pay that difference forever?
MR. DION: I think that's what the request is for the Landrum & Brown to look into.
MAYOR LIEBERMAN: Vice Mayor Jacobs.
VICE MAYOR JACOBS: Just briefly, I haven't spoken on this issue, and I feel very strongly about it, and that is that but for government stepping in, these folks would stay in their home and if they are forced to give up this home, they are giving up and coming under God knows what it's costing now to buy a house.
COMMISSIONER PARRISH: It would be more than the mortgage.
VICE MAYOR JACOBS: If we're saying the top end of affordable housing is now 230,000 and you have a home and you have Save Our Homes exemption and you're only paying taxes on $100,000 but that same $100,000 home is going to cost you 400,000 because the government made you move then it is absolutely not fair to ask you to come up and pay another $500 out of your monthly mortgage payment just to go pay taxes.
COMMISSIONER PARRISH: Right.
MAYOR LIEBERMAN: Thank you. Okay, now let's go to - I don't think anybody's mind is going to be changed on the amendments or on the main vote. So let's try and see if we can work these through before we recess for lunch.
COMMISSIONER PARRISH: Can I just say if the payments were as taxes - it's just like the other port stuff.
MAYOR LIEBERMAN: First of all, the first item is Commissioner Parrish's amendment.
COMMISSIONER PARRISH: I'm out of order.
MAYOR LIEBERMAN: Yes, you are.
COMMISSIONER PARRISH: But I said it.
MAYOR LIEBERMAN: Commissioner, we appreciate your passion, but, remember we're in a commission meeting. Commissioner Parrish's amendment directing the staff to consider as part of its -- I'm sorry, the consultant as a part of its financial analysis how adequate financial compensation can be paid to those individuals who would be forced to relocate as a part of the airport expansion for the next home that they live in only.
COMMISSIONER PARRISH: Right.
MAYOR LIEBERMAN: -- for the Save Our Homes cap. Okay.
All those in favor of the amendment, signify by saying aye.
All those opposed?
Show it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Okay. On the two main motions, the first main motion is a motion to approve the First Amendment to the agreement between Landrum & Brown as amended by Commissioner Parrish's amendment, which just passed.
All those in favor signify by saying aye.
All those opposed?
COMMISSIONER RODSTROM: No.
COMMISSIONER GUNZBURGER: No.
MAYOR LIEBERMAN: Show it passes 7 to 2 with Commissioners Gunzburger and Rodstrom voting no.
VOTE PASSES 7 TO 2 WITH COMMISSIONERS GUNZBURGER AND RODSTROM VOTING NO.
MAYOR LIEBERMAN: The next motion is the motion by Commissioner Rodstrom. Seconded by Commissioner Parrish, which asks Mr. Schneiderman to be able to take a look at what information we would need to start some of the restrictions we've talked about apart from the EIS process and to report that back to the board.
COMMISSIONER PARRISH: And to make any recommendations to us how to move forward in as environmentally and neighborhood friendly manner as possible. Have we missed anything? Should we be doing anything differently?
MAYOR LIEBERMAN: Do you see how well, I throw my voice?
COMMISSIONER PARRISH: But you know what I mean.
MAYOR LIEBERMAN: Now that everybody understands the motion, all those in favor signify by saying aye.
UNIDENTIFIED SPEAKER: Aye.
MAYOR LIEBERMAN: All those opposed. Show that that motion too passes unanimously.
VICE MAYOR JACOBS: No.
MAYOR LIEBERMAN: Oh, I'm sorry. We'll try it again.
All those in favor signify by saying aye.
All those opposed.
COMMISSIONER EGGELLETION: No.
MAYOR LIEBERMAN: Okay. Please show Commissioner Eggelletion voting no. Is there anyone else? Okay.
Show that it passes 8 to 1, with Commissioner Eggelletion voting no.
VOTE PASSES 8 TO 1 WITH COMMISSIONER EGGELLETION VOTING NO.
AGENDA ITEM 64
MAYOR LIEBERMAN: Item Number 64 is an updated airport layout plan. I have a number of speakers, Commissioner.
VICE MAYOR JACOBS: We only have ten minutes.
MAYOR LIEBERMAN: And we have ten minutes, so here's what I'm going to ask.
COMMISSIONER PARRISH: Is this necessary today?
MAYOR LIEBERMAN: Here's what I'm going to ask. What I was like to do, because I know that we have the speakers here, is to see whether we can give them an opportunity to speak. We'll shorten the time to two minutes. Some of you have already spoken on 62. We are going to recess at 12:30, so we won't be voting on this likely before lunch. If you don't have any need to speak, there is nothing wrong with saying: I've already made my comments under 62. I pass.
The first person I have signed up is Mayor Mara Giulianti, followed by Kathy Cappy, followed by Beulah Lair, followed by Joe Bailey.
MAYOR GIULIANTI: Thank you, Mayor. Mayor Mara Giulianti. What I want to speak about is the county's objective statement, which I would call an alleged objective statement, and here's why. You will have artificially restrained consideration of alternatives to be considered, and here's how. I've been in government a long time, as you know, eight terms. No government uses peak periods as its target.
(COMMISSIONER SCOTT LEFT THE ROOM.)
MAYOR GIULIANTI: I'd like to give a couple of examples. Hollywood recently had a parking study. The consultant told us that planning for the peak parking need would be inadvisable and cost prohibitive and that three-quarters of the time the facilities would be empty and that wastes money and that wastes property. In our storm water utility, we were told to not attempt to build drainage for the hundred-year storm. The drainage for the 100 and 500-year storm, et cetera, is expected to take a couple of days. Your staff has changed the criteria from average operational delays, which has been what we've been hearing all along to peak period delays which will limit the range of alternatives to be considered.
Our city commission stands against these kinds of what we believe are disingenuous actions that will then be used to justify a decision made years ago by creating a new purpose and need, and we implore you to please stick with your average operational delays. Thank you. I did that pretty quickly.
MAYOR LIEBERMAN: Thank you. Ms. Kathy Cappy, followed by Beulah Lair, followed by Joe Bailey.
MS. CAPPY: I'm going to pass.
MAYOR LIEBERMAN: Thank you. Beulah Lair.
MS. LAIR: I'm going to pass too.
MAYOR LIEBERMAN: Thank you. Joseph Bailey, are you here? Going once, going twice, Joe Bailey. Okay. Ann Richter.
MS. RICHTER: Just keep an open mind. That's all I ask.
MAYOR LIEBERMAN: Thank you. Ann Castro, followed by Brenda Chalifour. Is Brenda here?
MS. CHALIFOUR: Yes.
MAYOR LIEBERMAN: Where are you? Come forward, please. Okay. Ms. Castro.
MS. CASTRO: Earlier apparently I offended some people. My apologies, but you'll have to understand I'm a bit offended. I walked for half of you to get you in the seats you're sitting at some point in my political activity career. I had a few minutes to go to the meeting before this. I have to personally tell you I've been taught by some of you in classes. I have never been so disappointed in a board in my whole entire life.
I started this 12 years ago. I continue it now because it is our homes, and there's nothing more important than Broward residents than their homes and their quality of life, and we somehow seem to be putting tourists and business interests ahead of that, and I don't understand that, and you're going to have to forgive me if I insult you intentionally, unintentionally, my apologies, but I'm speaking with my heart with passion.
This affects all of us deeply. We planned our lives around these homes. We planned our investments around these homes. And to sit here and argue about tax dollars and which runway we're going to use and flight tracking, and we have the people who are going to benefit from this air strip telling you they won't pay, and I don't expect them to write a blank check, but I certainly don't expect my County Commission to write a blank check on a project like this either.
So a few things you can help. The interlocal agreement, the big issue in Dania all the time, if the County Attorney can answer it, if you took our houses, what would be the deal, is it replacement value outside the affected area? Can you put that in writing to the residents so you can calm some of their fears and they can give that to the prospective buyer if they need to sell now. There's a lot of avenues you can take to help alleviate some of the concern, the frustration and the angst.
The south runway, if the EIS comes back and the record decision is no runway needs to be or the north parallel with flight tracking would be your best option, will this board accept that response from the federal government? Those are the assurances we need you hear publicly speaking about to our attention so we understand you are going in the right direction for the right reason.
MAYOR LIEBERMAN: Thank you, and we have - (Inaudible) Ms. Castro. This is an emotional issue and sometimes people make statements they don't really mean, but the emotion gets carried away.
COMMISSIONER PARRISH: I don't think she offended any of us.
MAYOR LIEBERMAN: She talked about being crooked, okay. Ms. Chalifour.
MS. CHALIFOUR: Thank you, once again, I'm unfortunately reminded of the last time John Coleman spoke in these chambers. It was regarding this issue. It was on December 9th, and he clearly said to you: What is this? This is somewhat similar to weapons of mass destruction. Do they exist? You're talking about delay that does not exist. Why has this -- your objective statement, recognize this is your objective statement. It's not the FAA's. It's not the airline's. It's yours, the nine of you. You're looking at peak delay to justify the expansion of this airport? I don't understand that. There is no delay.
Leigh Fisher report says that. All your reports say there is no current delay. So why is that now your objective statement? Because it forces the issue to expand the south runway. And what does expanding the south runway do for you? Listen, I have adopted a new way of life. I'm going to live each day as if it's my last, and sometimes it makes me say things I shouldn't say, but have you ever heard the term "land grab"? That's exactly what this is. And if you don't see it, you are not being provided with the data, and if you do see it, then the things that Ann Castro said make perfect sense. So it's one or the other.
Why are we jury-rigging this process to expand this airport? Your users are not asking for it. The FAA is not asking for it. You have other solutions. You have regional solutions you haven't looked at. You have operational solutions you haven't looked at, and if you want to get rid of the peak delay, why don't you do what they just did in West Palm which is provide incentives or disincentives during peak periods. You-all cannot justify what you're doing here. It's disgusting what's being done here. It's called a land grab. This is the United States of America, it is not Northern Cuba. Thank you.
(Applause.)
MAYOR LIEBERMAN: Again, we ask you to observe our rules while we're here. I have Ed Summer, followed by Commissioner Anton, I'm sorry, I didn't see you.
MR. ANTON: I'm going to pass. It's late. I couldn't say it any better.
MR. SUMMERS: Well, maybe we saved the best for last. Smile, guys. This is an important issue, and I'd like to start out with just Commissioner Scott's comment.
MAYOR LIEBERMAN: Could you identify yourself.
MR. SUMMERS: Yeah, I'm sorry, Ed Summers.
Commissioner Scott said we need some improvement; we need additional capacity. It looks that way. One of the things that I want to clarify after all of this discussion and reading some of the documentation here is, Commissioner Gunzburger said that this is the first time that she heard about this, the berm. I notice in this document there's an airport layout plan, but it's only a top view. If you're going to build this berm and this is going to be part of it, you need a side view, because in the document from Foley, it states that purpose and need of the runway EIS identifies capacity or safety problems as long as environmental.
So if, in fact, you're going to build this berm, do they only consider the environmental impact around the airport, or where are you going to get the dirt from? That's important. That's, to me, where are you going to get these millions of cubic feet of dirt to put this in here. So, if this is the airport but I'm going to go out to the beach to bring it in, that should be included.
One more point and I don't want to be overemotional on this, but it has to do with safety. If you look at the footprint of this thing going out, a couple of things are important to me and I'm going to go back in history real quick. You closed the airport viewing area on 12-6-02, because it might have been a security problem. You reopened it because everybody said: Gee, we want to watch the airplanes. The Sun- Sentinel aviation editor on 12-9-02 said, quote: A much broader security net is needed to be cast around this airfield. That was a quote.
Then -- and this is not an alarmist. CBS aired a 60-minute program segment called small, cheap, and deadly where they said: We are concerned about unsecured areas around the airport. My friend, going out over that into that area is not a good idea from a construction standpoint. Thanks for your time.
MAYOR LIEBERMAN: Mr. Heimlich.
MR. HEIMLICH: Yes, I pass.
MAYOR LIEBERMAN: All right. Commission, it's now 12:30. Does the Commission want to discuss this item after lunch?
COMMISSIONER PARRISH: Yeah, I do. Just real quick.
MAYOR LIEBERMAN: Commissioner Parrish.
COMMISSIONER PARRISH: Yes, the lawyer, our consultant, a lawyer, wrote a county's objective statement to preferred runway alternative and peak hours, and I believe there's -- we don't - we don't even penalize Fort Lauderdale and Hollywood for peak hour traffic for concurrency. I believe the mayor of Hollywood has an --- nobody builds for peak. You can't afford that. This is not my mission statement. I certainly appreciate a recommendation, but he needs to write another one, because I can't support this. In fact, somebody -- I asked Mr. Dion and Mr. Desjarlais, I need to know why legally we need to vote on this today because I think it's a public hearing issue.
MAYOR LIEBERMAN: Okay. Here's what I would like to do.
(COMMISSIONER SCOTT RETURNED TO THE ROOM.)
MAYOR LIEBERMAN: If there's any direction anyone feels that they need to give staff to come back with a different alternative for this afternoon's discussion, because obviously we are going to have discussion on this item. It is 12:30. We do need to recess.
Is there anyone other than Commissioner Parrish who wants to put some comments with respect to an issue they want Mr. Dion's or Mr. Desjarlais' staff they want to rewrite the agenda item to incorporate an alternate item.
Vice Mayor and then we'll recess.
VICE MAYOR JACOBS: One of my concerns is if you read the lawyer who drafted this and it's not my mission statement either, Commissioner Parrish, is that they repeat on multiple times throughout the document that they had to keep it rather vague so that it would -- so that it didn't steer, I guess, the FAA one way or the other or preclude alternatives. My concern is that by keeping it so vague so that it's legally defensible, we actually don't get where we want to go. So I -- understanding the desire to keep it rather on the vague side so that we don't preclude, I also think that it is so incredibly vague that all of the different items that we passed in December are not fairly being addressed.
I completely agree with the peak period issue, and I also agree, I don't think the words "current," and I can't -- where is it? Here it is. It says: Reduce the current unacceptable levels of peak periods. I don't think it's currently unacceptable. But I also believe if we do nothing we're going to find ourselves at some point 20 years from now in a different scenario that is also unacceptable.
COMMISSIONER PARRISH: And I just wanted to know who directed -
MAYOR LIEBERMAN: (Inaudible.)
VICE MAYOR JACOBS: So I'm just -- I don't -- I asked for two things so far, Mayor. I have asked for some generalities that are in here that I think it's too vague. It needs to be tightened up to more accurately reflect the motive - the motion that was passed in December. It also states that we have a current unacceptable level of delay, and I don't believe that is accurate. And it also speaks to interlocal agreements, but it does not speak to which ones. It also doesn't speak to the issue that the City of Davie does not have an interlocal with the county. And so I would want to make sure that this does not preclude an interlocal at some point coming to fruition to protect Davie.
MAYOR LIEBERMAN: We're not debating the item. It's only if you want them to write something different.
COMMISSIONER PARRISH: Okay, because the other thing, 3, the airport sponsor statement of objectives and policies, none of the verbiage in here is mine.
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: For its objectives. I mean I thought we need the EIS to come back to answer our questions in December. This is not mine.
MAYOR LIEBERMAN: All right. Mr. Desjarlais, occurring the lunch break, can you have staff take a look at these issues. If they need to reach Commissioner Parrish or Vice Mayor Jacobs for clarification, they'll be available during lunch. We have two options in front of us when we come back, the language that's written in the current report and a revised agenda item, which incorporates the issues with the specificity, the county objective statement being amended to bring it closer to the discussion we've had today.
COMMISSIONER PARRISH: But, Mayor --
MAYOR LIEBERMAN: Can we do that, Mr. Desjarlais?
COMMISSIONER PARRISH: I don't think legally we have to vote on this today.
MR. DESJARLAIS: Mayor, if I understand correctly, what you'd like for us to do is bring back some alternative languages based on the comments that have been made.
MAYOR LIEBERMAN: Yes. Can you do that over lunch or do we need to defer it?
MR. DESJARLAIS: Yes, we can.
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: Madam Mayor, one more thing I need. I need to know why I need to vote on 64 before I have the answers to 62.
MR. DESJARLAIS: Okay.
MAYOR LIEBERMAN: Okay, and would you incorporate that too? On that, we are recessed until 2:00 p.m. Thank you.
(The meeting recessed at 12:34 P.M. and reconvened at 5:51 P.M.)
MAYOR LIEBERMAN: I will now reopen the 10:00 meeting and before I reopen, I have a suggestion here, okay, I guess we have reopened our 10:00. We're back from recess. These are the items I show still on the table: 64, 67, 71, 72, 73. Now, are there any one of these issues that can't come next week?
(COMMISSIONER SCOTT LEFT THE ROOM.)
AGENDA ITEM 72
VICE MAYOR JACOBS: I can get rid of 72 in two seconds.
MAYOR LIEBERMAN: Okay. We can get rid of 72 in two seconds.
VICE MAYOR JACOBS: Or close to it.
MAYOR LIEBERMAN: Or close to it.
VICE MAYOR JACOBS: My understanding, my initial concern was that while I was very happy with, Mr. Lukic with your recommendations and with Phil Allen's memo that addressed that administration had addressed and concurred and was making changes and then I got to the final one by Jim Acton and I went: Whoa, wait a minute because he didn't seem to think - he seemed to have another opinion. And when I spoke to Mr. Desjarlais about it later he mentioned that this was set, or maybe it was Mr. Allen, that this was -- that those comments were based on a different period of time that they studied, and so the original memo from Mr. Allen and Mr. Desjarlais is the one that we are moving forward with.
MR. DESJARLAIS: Yes, ma'am, we concur with the Auditor.
VICE MAYOR JACOBS: Okay. So you don't need any sort of motion, or do you, to move forward with the recommendations of the Auditor.
MR. DESJARLAIS: No, ma'am, we're good.
VICE MAYOR JACOBS: Okay. Thank you.
MAYOR LIEBERMAN: So the Vice Mayor moves to file the Auditor's report and to adopt the auditor's recommendations.
COMMISSIONER PARRISH: Wait a minute. May I ask, Mayor.
MAYOR LIEBERMAN: Yes.
COMMISSIONER PARRISH: And, Mr. Desjarlais, you'll see that Mr. Acton follows your direction, which is more in line with the County Auditor?
MR. DESJARLAIS: He will follow Mr. Allen's direction based on --
MAYOR LIEBERMAN: We have a motion by the Vice Mayor, a second by Commissioner Parrish. Is there any other discussion on 72?
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 73
MAYOR LIEBERMAN: 73 is an item to appoint a commissioner to the Management Efficiency Study Commission. Nobody has yellow sheeted anything. I would serve on this because it's after my year as Mayor is over and it will give me something to do. So if no one objects, I'll be glad to do it. Okay. Is there any -- okay. There's no objection.
VICE MAYOR JACOBS: No, sort of like a Resource Recovery Board.
MAYOR LIEBERMAN: It won't start until after summer so I'll be -
VICE MAYOR JACOBS: Didn't you say something that there was a meeting this morning?
MAYOR LIEBERMAN: No, no, Pete is trying to get a quorum together and with vacations it's a problem. So okay.
ITEM 64
Item 64 is deferred to next week.
(COMMISSIONER SCOTT RETURNED TO THE ROOM.)
(COMMISSIONER RODSTROM LEFT THE ROOM.)
COMMISSIONER PARRISH: Well, no, wait.
MAYOR LIEBERMAN: But wait. Hold on. We have -- the reason I was doing that was because it's my understanding that the language was unacceptable, the substitute language.
COMMISSIONER PARRISH: Well, it's gobbledygook. Jim, can you fix it?
COMMISSIONER SCOTT: Wait a minute. Are you deferring the airport?
MAYOR LIEBERMAN: We were going to put 64 on next week's agenda is because my understanding is the language, the substitute language was not acceptable.
COMMISSIONER PARRISH: Mayor, may I?
MAYOR LIEBERMAN: Yes, Commissioner Parrish.
COMMISSIONER PARRISH: I wanted and I thought there was a consensus. It says -- because peak, we don't build anything for peak. Guilianti was right. We never do that. But what they gave me back is, listen to this, provide sufficient airfield capacity to accommodate reasonably expected demand, whose reasonable opinion, through the year, without unacceptable levels of delay with due consideration policies.
If I were changing it, I would strike reasonable and do non-peak and then after the 2003, I'd put mindful that in as neighborhood environmentally friendly as possible, but that's not what it should say. But more than that, I disagree with the mission statement that the attorney drew up on our behalf, and I wanted to know who directed him to draw it up in that manner because I don't know if he got any board input, but it certainly wasn't - we don't build anything for peak. But the airport sponsor statement of objections and policies, I disagree with all of this. It's -- our objectors is -- because it says -- here's our mission, because when you look on Page 3, if we do this, we're accepting the back of this agenda item, and that's not our sponsor's opinion, in my reason -- I mean in my opinion. I can't even think at this hour.
MAYOR LIEBERMAN: Okay. Vice Mayor.
VICE MAYOR JACOBS: You know, I don't understand why, and maybe Mr. Desjarlais can shed some light on why this language, we can't deal with it next week, but if we can't deal with it next week, one of my concerns is that I thought Commissioner Parrish captured it very well, although it wasn't technical speak.
COMMISSIONER PARRISH: Right.
VICE MAYOR JACOBS: But earlier when we basically all agreed that we want to grow our airport, we still want to grow it within environmentally friendly ways that are sensitive to the surrounding community, and to me, that's more of a mission statement that really gives the impression of where it is we're trying to take this. We're trying to have our cake and eat it too, and I think we need to have a mission statement that reflects that, and I don't think this gets us there. This just is too vague. It goes back to my original concern that in our ability and in our desire to try to have a legally defensible mission statement, we end up watering it down to the point that it doesn't say anything.
COMMISSIONER PARRISH: What I wanted --
MAYOR LIEBERMAN: Okay. Commissioner Parrish.
VICE MAYOR JACOBS: Wait. Before we go on.
MAYOR LIEBERMAN: Let the Vice Mayor speak.
VICE MAYOR JACOBS: Why is it, Mr. Desjarlais, that we can't -- I mean we could sit here and wordsmith this forever. Why isn't it that we can't do this when we come back next week? What is the damage between passing Item 62 and 64 a week apart?
MR. DESJARLAIS: Okay. Mayor, before we broke for lunch, you-all asked us to do a couple things. Number one was to reword the objective statement, and number two, why was it here today. So why don't I tell you why it's here today and we can answer the question at the same time. Is there any harm in revisiting this next week? Would that be all right?
VICE MAYOR JACOBS: Well, when I say revisiting, it's not a matter of revisiting. It's reworking it. It's not whether we --
MR. DESJARLAIS: We can rework it, I know but we need to -- we can rework this again, but we need to know what you want. We tried to do this during lunchtime based on --
VICE MAYOR JACOBS: Mr. Desjarlais, that's not my question. My question is that I think given the late hour and the fact that we're losing some of our colleagues here, it would be a much better discussion to have it in its entirety next week rather than to ask - I'm not asking you to come back next week to try to read our minds and have something for us again by next week. I'm simply saying why can't we have this conversation next week.
MAYOR LIEBERMAN: I have a suggestion.
MR. DESJARLAIS: Wait a minute. You can have this conversation next week, but if you want a new objective statement, we need to know what it is that you want.
MAYOR LIEBERMAN: I think that we have it. First of all, because the hour is late, let me make two suggestions. If anybody knows right now exactly how they want it to say I'm going to recognize you. Anyone else between today and Thursday if you have some issues that you think we didn't discuss, would you jot a note to the County Administrator so the item that comes back he has considered those comments.
Commissioner Parrish.
COMMISSIONER PARRISH: This is what I think all of us want, that we want to recognize the economic needs of this community and the airport's role as a part of the economics of this community, but we want to do that as environmentally and neighborhood-friendly method as possible. Now, that's what we want. How you say that in some kind of legalese, I don't know, but that's what we want to do.
(COMMISSIONER RODSTROM RETURNED TO THE ROOM.)
COMMISSIONER PARRISH: I would think all of us are concerned about the economy, but every single one of us up here as shown a concern for preservation of neighborhoods and the environment. That's what we want to do and we don't want any one thing to take precedent over the other. There has to be a balance to our approach.
UNIDENTIFIED SPEAKER: Right.
COMMISSIONER PARRISH: That's what we want it to say.
MAYOR LIEBERMAN: Okay. So that being said, Item 64 is continued to next week. If there's anybody -- I'm sorry, Commissioner.
COMMISSIONER SCOTT: I want to register an objection to continue it. I don't see why we can't just go ahead with this item.
MAYOR LIEBERMAN: We'll vote. How many people would like to continue this next week signify by saying aye.
UNIDENTIFIED SPEAKER: Aye.
VICE MAYOR JACOBS: I'm sorry, may I ask a question of Commissioner Scott?
MAYOR LIEBERMAN: Yes.
VICE MAYOR JACOBS: Commissioner Scott, are you supporting the new wording that was given to us on the item or the old wording that was on the original item and you would rather that we vote on it today and just dispense with it? I mean I'm trying to understand your objection.
COMMISSIONER SCOTT: If you're going to approve it, I would. I mean if you are going to approve it. I think what you're doing is just delaying this again. I mean but the wording of this mission statement, we all know what we need here. We need a plan, and this is the plan we voted on, was to have the preference for the south runway and these are the options and they're all in here. I don't know what else --
VICE MAYOR JACOBS: This is crucial to the EIS process that it be worded properly.
MAYOR LIEBERMAN: You know what. Like I said before, all those in favor of the continuing the discussion to give the County Administrator a chance to write a better --
COMMISSIONER PARRISH: The County Attorney.
MAYOR LIEBERMAN: I'm sorry, the county attorney to write a better statement, signify by saying aye. All those opposed?
COMMISSIONER RODSTROM: What's the --
MAYOR LIEBERMAN: Rolling 64 to next week so that the county can write -- okay. We'll try it one more time.
All those in favor of deferring 64 to next week so the county attorney can write a better statement, signify by saying aye.
All those opposed.
Okay. We have Commissioner Eggelletion, Commissioner Scott, Commissioner Graber, and Commissioner Gunzburger voting no. We have Commissioner Parrish, Commissioner Rodstrom, Vice Mayor Jacobs, and Mayor Lieberman voting yes.
VOTE FAILS 4 TO 4 WITH COMMISSIONERS EGGELLETION, SCOTT, GRABER AND GUNZBURGER VOTING NO.
MAYOR LIEBERMAN: So, therefore, it rolls over because we're not going anywhere.
COMMISSIONER PARRISH: Let him move the item.
MAYOR LIEBERMAN: All right. You want to -
MR. DION: Motion fails.
MAYOR LIEBERMAN: Huh?
MR. DION: Motion fails 4 to 4.
MAYOR LIEBERMAN: The main motion failed 4 to -
MR. DION: No. The motion to postpone the -
COMMISSIONER PARRISH: To move the main motion failed.
MAYOR LIEBERMAN: Right.
Okay on the main motion, all those in favor of approving Item 64 as written, signify by saying aye.
All those opposed.
Okay. It rolls over --
COMMISSIONER EGGELLETION: What was that?
VICE MAYOR JACOBS: Approve 64 as is.
MAYOR LIEBERMAN: As written.
COMMISSIONER EGGELLETION: I want to vote for it.
MAYOR LIEBERMAN: Okay. It still fails, it fails 5 to 3. Show that that motion fails 5 to 3.
VOTE FAILS 5 TO 3.
COMMISSIONER PARRISH: So it doesn't roll over.
MAYOR LIEBERMAN: It's dead. Is that what you would like to do?
COMMISSIONER SCOTT: Mayor.
MR. DION: That's entirely up to the Board.
COMMISSIONER SCOTT: I think it's pretty clear what I would like to do if you were talking to me, Mayor.
MAYOR LIEBERMAN: I would like to entertain a motion for reconsideration from the Vice-Mayor.
VICE MAYOR JACOBS: I would make a motion that we move Item 64 over to next week or can we not do that because it's now dead.
COMMISSIONER PARRISH: Well, we can't do that.
MAYOR LIEBERMAN: Why don't you change your vote.
VICE MAYOR JACOBS: My motion would be then to roll it over.
COMMISSIONER PARRISH: No, you just change your vote and it rolls over.
VICE MAYOR JACOBS: All right. I'll change my vote.
MAYOR LIEBERMAN: It rolls over if you change your vote. We now tied 4 to 4. It automatically rolls over to next week. That being said, item number - quickly.
COMMISSIONER PARRISH: For the record, saying you're only doing it procedural to roll it over.
MAYOR LIEBERMAN: Right, this is procedural. The Vice-Mayor is accommodating the commission.
VICE MAYOR JACOBS: For procedural purposes.
COMMISSIONER PARRISH: And you need to put that in the minutes. That's the only reason to change your vote.
VICE MAYOR JACOBS: Right.
MAYOR LIEBERMAN: Okay, so that's why 64 is rolling over.
AGENDA ITEM 67
MAYOR LIEBERMAN: Okay. Item 67, do either Commissioner Eggelletion or Commissioner Rodstrom want to serve on this S/NC? It's in your districts. Okay.
Item 67 is moved by Commissioner Eggelletion who wants to serve on the S/NC. Commissioner Rodstrom, do you want to serve? Any other Commissioner who wants to serve.
COMMISSIONER PARRISH: I want to, but I'm not going to be here.
MAYOR LIEBERMAN: Good. We have a motion by Commissioner Eggelletion, seconded by Commissioner Rodstrom with Commissioner Eggelletion and Rodstrom serving on the S/NC to approve Item 67.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 71
COMMISSIONER PARRISH: Did you recommend 71?
VICE MAYOR JACOBS: Yes, I was going to say I move 71.
MAYOR LIEBERMAN: Absolutely. I've worked with them. They are phenomenal.
COMMISSIONER PARRISH: Good. Don't talk about it. Just -
MAYOR LIEBERMAN: Okay, Item 71 -
VICE MAYOR JACOBS: Just to make sure, the five percent increase and the current $7,500 expense allotment rolled in the base contract.
MAYOR LIEBERMAN: Yes, absolutely. That's because we have no other way to reimburse them for lunch. All right. We have a motion by the Vice Mayor, seconded by Commissioner Parrish.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Now, is anybody going to object if I don't do a Mayor's Report and we don't have a Commission Report?
UNIDENTIFIED SPEAKER: No.
MAYOR LIEBERMAN: Good. Mr. Desjarlais, are you going to object if you don't have a County Administrator's Report?
MR. DESJARLAIS: No, ma'am.
MAYOR LIEBERMAN: Thank you. We're adjourned.
(THE MEETING ADJOURNED AT 6:03 P.M.)
(THIS IS NOT A VERBATIM TRANSCRIPTION OF THE MINUTES.)
(CD-04-22)
Public Hearing 2:00 PM
PUBLIC HEARING OF JUNE 22, 2004
(Meeting convened at 2:00 p.m. and adjourned at 5:51 p.m.)
PLEDGE OF ALLEGIANCE was led by Ms. Tanya Simons-Oparah of Lauderhill.
CALL TO ORDER
1. MOTION TO CONSIDER enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY FLORIDA, RELATING TO THE STATE JUDICIAL SYSTEM; CREATING SECTION 10-3, BROWARD COUNTY CODE, RELATING TO ASSESSMENT OF ADDITIONAL COURT COSTS IN CRIMINAL CASES; AUTHORIZING THE IMPOSITION OF AN ADDITIONAL $65.00 COURT COST IN CERTAIN CRIMINAL CASES; PROVIDING FOR THE ALLOCATION OF FUNDS COLLECTED FROM SUCH COURT COSTS; REQUIRING THE COUNTY ADMINISTRATOR OR DESIGNEE TO SUBMIT QUARTERLY REPORTS; PROVIDING FOR THE ALLOCATION OF UNSPENT FUNDS AT THE END OF EACH COUNTY FISCAL YEAR; CREATING SECTION 10-4, BROWARD COUNTY CODE, AUTHORIZING THE IMPOSITION OF A SURCHARGE FOR CERTAIN TRAFFIC-RELATED INFRACTIONS AND VIOLATIONS; REQUIRING THE ASSESSMENT OF A $15.00 SURCHARGE FOR NONCRIMINAL TRAFFIC INFRACTION VIOLATIONS AND CRIMINAL TRAFFIC VIOLATIONS UNDER STATE LAW; REQUIRING THE COURT TO ORDER PAYMENT OF SURCHARGE AND PROHIBITING WAIVER OF SAME; PROVIDING THAT FUNDS COLLECTED BE USED TO FUND STATE COURT FACILITIES; AMENDING SECTION 10-6, BROWARD COUNTY CODE, RELATING TO ADDITIONAL COURT COSTS FOR CRIMINAL JUSTICE EDUCATION AND TRAINING; PROVIDING FOR THE ASSESSMENT OF AN ADDITIONAL $2.50 COURT COST ON EACH NONCRIMINAL TRAFFIC INFRACTION TO BE USED BY THE COUNTY TO PAY FOR CRIMINAL JUSTICE EDUCATION AND TRAINING PROGRAMS; REQUIRING THE CLERK OF COURT TO COLLECT AND DISTRIBUTE ADDITIONAL COURT COSTS TO COUNTY; REPEALING SECTIONS 10-1, 10-2, 10-5, 10-8, 10-9, 10-10, 10-13, 10-14, 10-16, 10-17, 10-80, AND 10-81, BROWARD COUNTY CODE, EFFECTIVE JULY 1, 2004; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
ACTION: (Time-3:21 PM) Filed proof of publication and enacted the Ordinance to become effective on July 1, 2004. See Page 39
2. MOTION TO CONSIDER renewal of a license for Nonemergency Medical Transportation Services (NEMTS) to Security USA Transportation Service, Inc. and We Care of the Palm Beaches, Inc.
ACTION: (Time-3:25 PM) Approved. See Page 41
3. MOTION TO CONSIDER award of a renewal Certificate of Public Convenience and Necessity for the provision of Class 1 - ALS ("Advanced Life Support") Rescue services to the City of Coconut Creek, City of Deerfield Beach Fire Rescue, City of Hallandale Beach Fire Rescue, City of Hollywood Fire Rescue, City of Miramar Fire Rescue, City of Oakland Park Fire Rescue, City of Pembroke Pines Fire Rescue, City of Pompano Beach Fire Rescue, City of Tamarac Fire Rescue and Broward County Board of County Commissioners.
ACTION: (Time-3:26 PM) Approved. See Page 42
4. MOTION TO CONSIDER award of a renewal Certificate of Public Convenience and Necessity for the provision of Class 2 - ALS ("Advanced Life Support") Transfer services to American Ambulance Service, Inc. and Broward Ambulance Service, Inc. d/b/a American Medical Response.
ACTION: (Time-3:26 PM) Approved. See Page 42
5. MOTION TO CONSIDER award of a renewal Certificate of Public Convenience and Necessity for the provision of Class 4 - ALS ("Advanced Life Support") Air Rescue services to the Broward County Board of County Commissioners.
ACTION: (Time-3:26 PM) Approved. See Page 43
6. A. MOTION TO ADOPT Resolution 2004-597 finding the purchase of the Broadview Park Water Company to be in the public interest. ACTION: (Time-3:27 PM) Approved. Furthermore, the Board requested the County Attorney research whether the City of Fort Lauderdale has any jurisdiction over the Broadview Park Water Company. See Page 43
B. MOTION TO ADOPT budget Resolution 2004-598 transferring within the Water and Wastewater Fund the amount of $800,000 from the General Reserve for the purpose of purchasing the Broadview Park Water Company. ACTION: (Time-3:27 PM) Approved. See Page 43
C. MOTION TO APPROVE and execute an agreement between the County and Broadview Park Water Company for the Purchase and Sale of the water utility. ACTION: (Time-3:27 PM) Approved. See Page 43
D. MOTION TO ADOPT Resolution 2004-599 prescribing the schedule of rates for the sale of water service within the Broadview Park service area. ACTION: (Time-3:27 PM) Approved. See Page 43
E. MOTION TO ADOPT unanticipated revenue Resolution 2004-600 within the Water and Wastewater Fund for the Office of Environmental Services in the amount of $500,000 for the operation of the Broadview Park water system. ACTION: (Time-3:27 PM) Approved. See Page 43
F. MOTION TO ADOPT budget Resolution 2004-601 transferring within the Water and Wastewater Fund the amount of $1,100,000 from the General Reserve for the purpose of funding engineering services for the design and construction of the Broadview Park water system improvements. ACTION: (Time-3:27 PM) Approved. See Page 43
G. MOTION TO ADOPT unanticipated revenue Resolution 2004-602 within the Water and Wastewater Construction Fund for the Office of Environmental Services in the amount of $1,100,000 for the design and construction of the Broadview Park water system improvements.
ACTION: (Time-3:27 PM) Approved. See Page 43
7. MOTION TO CONSIDER enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 39 OF THE BROWARD COUNTY ZONING CODE OF ORDINANCES; AMENDING ARTICLE II, DEFINITIONS, SECTION 39-4, "TERMS DEFINED" TO PROVIDE DEFINITIONS FOR FIREWORKS AND PYROTECHNICAL ITEMS; AMENDING ARTICLE XIII, CONDITIONAL USES, SECTION 39-239, "HOLIDAY WAYSIDE STANDS" TO PROVIDE FOR A LONGER PERMIT PERIOD FOR THE CHRISTMAS AND NEW YEAR'S DAY HOLIDAYS; AMENDING ARTICLE XVIII, INDUSTRIAL DISTRICT, SECTION 39-313, "LIMITATION OF USES" TO CORRECT A SCRIVENER'S ERROR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Sponsored by Board of County Commissioners)
ACTION: (Time-3:47 PM) Filed proof of publication and enacted the Ordinance, as amended, to become effective as provided by law. See Page 54
8. MOTION TO CONSIDER enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION VI OF THE WASHINGTON PARK NEIGHBORHOOD ENHANCEMENT PLAN RELATING TO STRATEGIES AND POLICIES TO ENHANCE THE DISTRICT; AMENDING SECTION VII OF THE WASHINGTON PARK NEIGHBORHOOD ENHANCEMENT PLAN RELATING TO MINIMUM STANDARDS; CREATING A NEW SECTION XI PROVIDING FOR PROHIBITED ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners)
ACTION: (Time-3:21 PM) Filed proof of publication and enacted the Ordinance to become effective as provided by law. See Page 38
9. MOTION TO CONSIDER enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 15, ARTICLE XII OF THE BROWARD COUNTY CODE, RELATING TO THE BROWARD COUNTY HEALTH FACILITIES AUTHORITY; PROVIDING FOR AN AMENDMENT TO CHAPTER 15, SECTIONS 15-176(j) AND 15-181 (a), TO INCREASE THE MAXIMUM AMOUNT OF BONDS WHICH THE AUTHORITY MAY ISSUE FROM THREE HUNDRED FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS TO THREE HUNDRED FOURTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A CERTIFIED COPY TO BE SENT TO THE DEPARTMENT OF REVENUE; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
ACTION: (Time-3:52 PM) Filed proof of publication and enacted the Ordinance to become effective as provided by law. See Page 59
10. MOTION TO ADOPT Resolution 2004-603 amending the Broward County Administrative Code, Section 29.16, Specific Program Eligibility Requirements, relating to the Broward Cultural Council Grant Program Guidelines; providing for severability; providing for inclusion In the Administrative Code; and providing for an effective date. ACTION: (Time-3:53 PM) Approved. See Page 59
11. MOTION TO CONSIDER enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 5 OF THE BROWARD COUNTY CODE OF ORDINANCES; AMENDING SECTION 5-136, SMALL SCALE DEVELOPMENT AMENDMENTS TO PROVIDE THAT SMALL SCALE AMENDMENTS TO THE BROWARD COUNTY LAND USE PLAN AND THE UNINCORPORATED AREA LAND USE PLAN MAY BE ADOPTED BY THE COUNTY COMMISSION FOUR TIMES PER CALENDAR YEAR INSTEAD OF TWICE A YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners)
ACTION: (Time-3:53 PM) Filed proof of publication and enacted the Ordinance, as amended, to become effective as provided by law. See Page 60
12. MOTION TO ADOPT Resolution amending the Administrative Code, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING SECTION 2.23 OF THE ADMINISTRATIVE CODE REGARDING MOVING EXPENSES; AMENDING SECTION 18.4 OF THE ADMINISTRATIVE CODE REGARDING COMMISSION COMMITTEES; AMENDING CHAPTER 21 OF THE BROWARD COUNTY ADMINISTRATIVE CODE REGARDING THE PROCUREMENT CODE; AMENDING CHAPTER 22 OF THE ADMINISTRATIVE CODE REGARDING DISPOSAL OF SURPLUS TANGIBLE PERSONAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION: (Time-3:54 PM) Deferred for further staff review. See Page 61
th (The following item is continued from the May 11 , 2004 Public Hearing - Item No. 7)
13. MOTION TO ADOPT Resolution 2004-604 of the Broward County Board of County Commissioners, amending Section 37.2 of the Broward County Administrative Code entitled, "Taximeter Rates," providing for changes to taximeter rates, providing for severability, providing for inclusion in the Administrative Code, and providing for an effective date.
ACTION: (Time-4:04 PM) Approved. See Page 67
ACTION: (Time-5:33 PM) Reconsidered and approved, with staff looking at options over summer recess and coming back before the Board with a recommendation to increase rates, if justified. Furthermore, the Board directed the County Administrator to provide information on deregulating rates entirely. See Page 114
14. MOTION TO APPROVE Marine Terminal Lease and Operating Agreement between Broward County and Mediterranean Shipping Company, S.A. ("MSC, S.A."); and authorize the Mayor and Clerk to execute same.
ACTION: (Time-4:45 PM) Approved. See Page 90
END PUBLIC HEARING
*********************************************************************************************************************
The following items are not Public Hearing issues, however, are contingent upon the approval of Item No. 1 on this Public Hearing Agenda.
HUMAN SERVICES DEPARTMENT
15. MOTION TO APPROVE agreement between Broward County and Legal Aid Services of Broward County, Inc. in the amount of $212,147; from July 1, 2004 through September 30, 2004, with two annual renewal options thereafter, unless terminated, for legal services to the indigent and needy general public of Broward County, and authorize the mayor and Clerk to execute same.
ACTION: (Time-5:31 PM) Approved. See Page 111
OFFICE OF BUDGET SERVICES
16. MOTION TO ADOPT unanticipated revenue Resolution 2004-605 within the Judicial Technology Fee Fund (0270) in the amount of $1,720,820 for the purpose of recognizing and appropriating additional recording fee revenue approved as part of the Article V legislation in the 2004 legislative session for the last quarter of Fiscal Year 2004. (Deferred from June 15, 2004 - Item No. 33)
ACTION: (Time-5:31 PM) Approved. See Page 112
17. MOTION TO ADOPT unanticipated revenue Resolution 2004-606 within the Court Facilities Fee Fund (0280) in the amount of $680,840 for the purpose of funding state court facilities in the last quarter of Fiscal Year 2004 per Article V legislation approved in the 2004 legislative session pending adoption of associated County Ordinance on June 22, 2004. (Deferred from June 15, 2004 - Item No. 34)
ACTION: (Time-5:31 PM) Approved. See Page 113
18. MOTION TO ADOPT unanticipated revenue Resolution 2004-607 within the Court Cost Fund (0290) in the amount of $300,000 for the purpose of allocating funds for the last quarter of Fiscal Year 2004 for state mandated local requirements and certain local option programs per Article V legislation approved in the 2004 legislative session pending adoption of associated County Ordinance on June 22, 2004. (Deferred from June 15, 2004 - Item No. 35)
ACTION: (Time-5:32 PM) Approved. See Page 113
THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING OF JUNE 22, 2004 2:00 P.M.
A public hearing of the Broward County Commissioners of Broward County, Florida was held in Room 422 of the Government Center, Ft. Lauderdale, Florida, at 2:00 p.m., Tuesday, June 22, 2004.
The following members were present: Mayor Ilene Lieberman, Vice-Mayor Diana Wasserman- Rubin, Commissioners Lori Nance Parrish, Ben Graber, Suzanne N. Gunzburger, Josephus Eggelletion, Jr., James E. Scott, John E. Rodstrom, Jr., Kristin D. Jacobs.
MAYOR LIEBERMAN: Okay. Ladies and gentlemen, ladies and gentlemen, would you all take your seats, please? Ladies and gentlemen, can we ask that you take your seats? Sean, even you. We ask that you take your seats. Representative Bogdanof, we have a seat for you in the front row with the other members of the delegation, if you'll please join us here.
CALL TO ORDER
MAYOR LIEBERMAN: Good afternoon. It's my pleasure to call our 2:00 p.m. public hearing to order.
We are pleased this morning that our pledge -- this afternoon that our pledge will be led by Tanya Simons Oparah. Tanya is a Broward County employee but she's also the most recent inductee into the Broward County Hall of Fame by the Broward County Women's History Coalition. She is in charge of outreach services for Broward County Library. She was honored by the Women's History Coalition for her role in developing diversity programs for Broward County's library system, and her work with the Sistrunk Historical Festival.
Our Library Director, Bob Cannon is delighted that Tanya has been inducted into the Broward County Women's Hall of Fame and that she's been invited to lead our pledge because anyone who knows Tanya knows of her extensive involvement in our community. Besides serving on the Vision Broward's Creative Industries Task Force, she's had two appointments to the Board of Florida State Fair Authority, she was appointed to the Florida Task Force on the Black Family and the Literature Review Panel, and she served as a Steering Committee member for the National Women's Conference Center. With that, it is my pleasure to ask her to join us and all of you who enjoy our displays in the lobby every month showcasing the great diversity in our county, Tanya has been a very big supporter and helper in putting those displays together.
Tanya.
MS. SIMONS-OPARAH: Thank you very much.
THE PLEDGE OF ALLEGIANCE WAS LED BY TANYA SIMONS -OPARAH, Hall of Fame Inductee, Outreach Services Broward County Library System.
MS. SIMONS-OPARAH: Thank you very much.
MAYOR LIEBERMAN: Thank you.
Okay. We are honored this morning. We have many dignitaries with us today, and in a moment, I'll be introducing the Secretary of DCA, Thaddeus Cohen. We always love to see the Secretary here, and we especially love to see the Secretary here when he comes with money. But we have in addition, some distinguished members of our Legislative Delegation. The Chair of the Delegation, Representative Gottlieb, you are recognized.
(Applause.)
MAYOR LIEBERMAN: Representative Matt Meadows.
(Applause.)
MAYOR LIEBERMAN: Representative Mike Davis.
(Applause.)
MAYOR LIEBERMAN: Representative Ron Greenstein.
(Applause.)
MAYOR LIEBERMAN: The newest member of the Delegation, Representative Bogdanof.
(Applause.)
MAYOR LIEBERMAN: Did I miss any of our Representatives who are here? Good. As we go through this morning's meeting, there will be other dignitaries we'll be introducing, but the first order of business for us today, and we are really honored, is to have Secretary Thaddeus Cohen. Many of us have known him for a long time in our community and are very familiar with what a great role he has played in our community throughout the years in terms of planning.
He was named by Governor Jeb Bush as Secretary of Department of Community Affairs on March 10, 2004. He has over 30 years of experience in architecture, urban design, and community planning. He has provided economic and development strategies for public and private clients. His areas of design expertise include urban planning, health care development, educational, recreational, and water treatment facilities. In his approach to planning, Secretary Cohen will place specific importance on the need for comprehensive planning in order to achieve a working relationship between the public and the private sector. So, Mayor of Broward County, Mr. Secretary, it is really my pleasure to welcome you here.
MR. COHEN: Thank you very much. Good afternoon, distinguished guests.
MAYOR LIEBERMAN: Good afternoon.
MR. COHEN: It's a pleasure for me to come back to Broward County, a place I know so well, to talk in terms of the fact that as the Secretary of the Department of Community Affairs and the Chair of the Florida Communities Trust Governing Board that we have an opportunity to talk in terms of your vision to preserve a very important green space here in Broward County.
As you know, as we've had a chance to talk about some very contentious issues up in Tallahassee, it's refreshing to be able to come down and provide some dollars for you to be able to go forward on this initiative. What we see here is a partnership between Broward County, the City of Lauderhill, which has an opportunity to leverage your dollars, the vision that you have to be able to make decisions on what's important to you, and for the state to be a meaningful partner in that process.
As you know, the Communities Trust has funded over $43,000,000 of projects in Broward County since the first Florida Forever cycle started three years ago, and, again, that's a tremendous number, $43,000,000 is what we've been able to do, and in combination with your local match, that represents over the last three years, $102,000,000 flowing here in Broward County for land acquisition.
(Applause.)
MR. COHEN: So, again, it's -- I believe that's an outstanding accomplishment. It reflects on the leadership here in Broward County that you have the insight to feel that, again, green space is an important tool to use in growth management, and particularly now that you're working on that build-out process, it's going to become even more important to provide open space recreational opportunities for your citizens here.
Clearly to be able to do this, we need the help of many partners, and you took the opportunity to talk in terms of your delegation, and I'd like to, again, have them stand, because without their help, without their commitment to the program, clearly $102,000,000 would not be possible, and, hopefully, with the newest member that you have, there will be a continued ongoing commitment so that we can come back many more times. It was interesting as I was sitting in the audience I heard that what we're going to present to you today, the amount, and I'm holding back on what that is currently, but what we're going to present to you today is the largest sum that you've had in the division. So, clearly as my first opportunity to come back, it's a thrill for me to be part of that process.
I'd like to recognize again, Representative Gottlieb, Representative Meadows, Representative Davis, Representative Greenstein, who I go back a long way, so it's kind of -- we're all kind of getting a little gray here together from these various processes, Representative Bogdanof. And I also believe that Senator Atwater's aide, Kim Jaeger is here as well, is that the case, to be recognized.
MAYOR LIEBERMAN: I'm so sorry. I apologize.
MR. COHEN: Are all important key components again. Legislative process is important. Also I should fail to mention that Kathy Bachman-McCloud is the FCT program director who has worked extensively with your staff going through this process to make this possible. So together I think we're here to help communities realize their dream, so as they say on TV, without further ado, I'd like to ask the department secretary communities trust excited and truly excited to present to you a $5,000,000 check to Broward County and the City of Lauderhill.
(Standing ovation.)
MR. COHEN: Well, I had to round it off. I'm hearing Commissioner Parrish talking about all the numbers.
MAYOR LIEBERMAN: Come on, everybody. We do family photos here. He's telling me tactfully I'm short.
COMMISSIONER EGGELLETION: Stand up, Ken. It's a legislative joke.
MAYOR LIEBERMAN: Mr. Secretary, Members of the Delegation, as Mayor of Broward County, I want to thank you for this big check. We appreciate receiving it. We appreciate the work of our delegation in making sure that we have it. We appreciate your work in signing it, and I can tell you it will go to good use, but I'd be remiss if I didn't give special thanks to a member of the Board of County Commissioners who went to Tallahassee to help secure this money, and having come from the legislature, we figured he knew where all the money was. So it really gives me great pleasure to introduce my colleague, Commissioner Joe Eggelletion who as you know spearheaded this initiative to bring this money home to Broward County.
(Applause.)
MAYOR LIEBERMAN: Of course, all the members of the board in supporting the acquisition of the property that we know will become a great regional park in our park system and to give to you a little token from Broward County to thank you for visiting us today. We appreciate it very much and thank you very much.
MR. COHEN: Thank you.
COMMISSIONER EGGELLETION: Good seeing you.
MR. COHEN: Good seeing you.
(Applause.)
COMMISSIONER EGGELLETION: You know, Thaddeus is no stranger to Broward County. Commissioner Gunzburger, as you well know, he's the architect that designed the Anne Kolb Nature Center and many of our other facilities in this county. And we're also very proud when he got appointed to the position that the Governor appointed him to, but he's done a fantastic job in Tallahassee, and he continues to do a good job by bringing us this kind of money. So thank you so very much, Thaddeus.
MR. COHEN: Sure enough. Thank you.
(Applause.)
MAYOR LIEBERMAN: And, Mr. Secretary, once again, we appreciate -- you're always welcome here. We love to have you with a big check too. So if I could ask you, I know that my colleagues want to say a few words to you, if I could ask you to quickly make the rounds of the Board, they're waiting to thank you.
MR. COHEN: Sure enough.
MAYOR LIEBERMAN: This afternoon, we're privileged to honor some individuals who have worked very diligently to help us craft the economic development plan for the next decade for Broward County through Vision Broward. Vision Broward was an amazing process. We had 55 organizations with members on the steering committee, and then we had a little bit over 650 residents of Broward County come forth and volunteer to be on one of the seven task forces to help us develop goals, objectives, programs for the next decade to help us with issues of importance to our county.
Being a co-chair of any of the task forces was truly an amazing responsibility. You had to see the task forces in action to know that it was easier chairing a county commission meeting than to be at one of the task force meetings as a co-chair. Each and every one of them held numerous meetings. Literally I don't think they had any private life during the time we had our Vision Broward task force meetings and what we wanted to do today was to give special recognition to all of the individuals who served either on the executive committee for Vision Broward or the task forces.
Our partner in doing Vision Broward was the Broward Workshop and the Broward Alliance, both of whom had members on our executive committee and helped us not only with setting up the steering committee and the task forces, but have provided some funding the alliance for the leadership conference that we had and the workshop for our financial conference which we'll be having on August 18th and 19th at Nova Southeastern. And, of course, Nova who was our partner and just showed us how well they have really become wired for technology. So first I'd like to introduce from the Broward Alliance, I have Lonnie Maier and Jim Tarlton to receive your recognition.
(Applause.)
MAYOR LIEBERMAN: We actually ran an ad thanking everybody and listing their name, so what we've done for each member of the executive committee and each task force co-chair is you have your own copy and it has your name in here as either an executive committee or a task force chair, and we appreciate all the work you did. J.T., it gives me pleasure to present this to you and thank you for all your help.
MR. TARLTON: Thank you.
MAYOR LIEBERMAN: Lonnie, to give you yours and to thank you and to thank the Alliance for being our partner in this. We really appreciate it.
MR. MAIER: Thank you, very much.
(Applause.)
MAYOR LIEBERMAN: Shaun Davis and Alan Levy, if you can come forward, they're our partners from the workshop. I have to tell you, I always knew Shaun was a good accountant but he's good at a lot of things and was very helpful to us on our executive committee, and Alan had so much insight to share with us having been around -- this is one way, I don't have to call you old, having been around when we did the first initial Project Horizons back in the 1980's. So, Shaun, it gives me great pleasure to recognize you and give you your recognition, and Alan, one for you as well.
MR. DAVIS: Thank you, dear.
MR. LEVY: Appreciate it.
(Applause.)
MAYOR LIEBERMAN: George Hanbury, George, are you here? Good. Let me tell you, George had a unique title called facilitator. If you ever want to know how to steer through a difficult meeting, ask George. It wasn't easy being the facilitator for the executive committee, making sure the task forces got their work done and that we get a final work product, and, George, we really appreciate all the efforts of Nova, yours, and especially Ray Ferrero for giving you to us and all of Nova's staff during this process. Thank you.
(Applause.)
MAYOR LIEBERMAN: Now someone who needs no introduction to anybody here at Broward County and was just wonderful to have work through this, you know, it's wonderful to have the support of your colleagues. It's wonderful to have the support of your staff, but having a County Administrator who is willing to roll up his sleeves and be there for every meeting, not miss anything, and make sure we stay on track, that's Roger. So, Roger, we have one for you too.
(Applause.)
MR. DESJARLAIS: Thank you so much.
MAYOR LIEBERMAN: And I just want to tell you, Roger, your staff is terrific. Our print shop did this, and you can see how wonderful they are. They're obviously hearing our message. Thank you.
MR. DESJARLAIS: Thank you.
MAYOR LIEBERMAN: Okay. The next group of awards are for Our Task Force Co-chairs, and, as I call your name, if you'll come forward, I would appreciate it. We should have with us today Bob Burton from Health and Safety, also Carolyn Dekle from our Regional Public/Private Coordination, if you're here, come on forward, Carolyn. Okay.
UNIDENTIFIED SPEAKER: Thank you very much.
MAYOR LIEBERMAN: Okay. I have Mike Greene from Redevelopment -- stay here, please. We're going to do a group photo. Mike Greene from Redevelopment Quality of Life. Okay. Here he comes. I have Joe Giuletti from Transportation. Joe, are you here yet? Yes, he is. I see. Mike, thank you.
MR. GREENE: Creative Industries, but thanks.
MAYOR LIEBERMAN: Whoops.
MR. GREENE: That's all right.
MAYOR LIEBERMAN: And, Joe, Transportation. Mason Jackson from Education Workforce Development. Dr. Keiser is unable to join us today. He's in Washington testifying, and Lisa Aronson will accept on his behalf. Thank you very much.
UNIDENTIFIED SPEAKER: Thank you.
UNIDENTIFIED SPEAKER: Thank you.
MAYOR LIEBERMAN: Okay. Bill Keith, Transportation. Bill, are you here? Okay. Jim McKinley, Health and Safety. Jim Murley, I saw Jim, Redevelopment, Quality of Life. Bob Payton, Business Development. Thanks, Jim.
UNIDENTIFIED SPEAKER: Thank you.
MAYOR LIEBERMAN: George Platt, Creative Industries. George, where are you? Evan Rees, Business Development.
UNIDENTIFIED SPEAKER: Thank you, ma'am.
MAYOR LIEBERMAN: And Ally Waldman, Redevelopment Quality of Life. The following were unable to attend, Bob Boegli, from Education Workforce Development; George Cann, Health and Safety; Mark Nerenhausen, Creative Industries and John Ruffin, regional Public/Private Coordination. Will you please join me in applauding this wonderful group of citizens?
(Applause.)
MAYOR LIEBERMAN: And -- well, come on, Bill. I have yours.
COMMISSIONER PARRISH: Better late than never.
MAYOR LIEBERMAN: Here we go. And what I'm going to ask that we do, I'm going to ask that we do a group photo because Vision Broward was a group process. If you could move toward the front and my colleagues could come together and could the members of the Executive Committee please join us for this photo so we can get one big photo of everyone.
THE PHOTOGRAPHER: Okay. That looks good. One, two, three. Let me take one more. That looks very good. One, two, three.
MAYOR LIEBERMAN: Thank you. And now if I could ask that you all just follow Mr. Payton as you meet my colleagues so they can congratulate you. Mr. Payton, you're going in the wrong direction. My colleagues want to congratulate you.
MAYOR LIEBERMAN: Next for a presentation, we are really fortunate today that we are able to have with us some members of the U.S. Army 478th Civil Affairs Battalion, who will be recognized by Commissioner Lori Nance Parrish.
Commissioner Parrish, for those of you who don't know, really started this board on a number of initiatives to protect our Armed Forces overseas, everything from care packages to letter writing to make sure that they knew we appreciated their efforts.
Commissioner Parrish.
COMMISSIONER PARRISH: Thank you. I'm very honored to do this, and especially for the United States Army. I wore green in their honor, because my nephew, Donny Dayo who is Army airborne special forces returned from Afghanistan two weeks ago this past Thursday with all -- him and the 11 other members of his team all from South Florida. So I'm a big fan of the United States Army and I want to thank each one of them. If I can do this without crying. So, gentlemen, if you'd please come forward, we have Major Ralph Engeler.
(Standing ovation.)
COMMISSIONER PARRISH: Captain Chris Dube, Staff Sergeant Chris Pearson, and Jose Chirinos. I got it right? Okay, good. And now on behalf of the Board of County Commissioners and all the citizens of Broward County and Florida and our country.
WHEREAS, on September 11th, 2001, terrorists who hijacked American planes attacked the United States, destroying the World Trade Center in New York and damaging the Pentagon in Washington, D.C., killing all aboard United Airlines Flight 93; and
WHEREAS, after that senseless and cowardly strike, President George W. Bush called on the world and the United States Armed Forces to fight the world against terrorism; and WHEREAS, the Armed Forces were mobilized to bring peace by reestablishing democratic governments while promoting human rights; and
WHEREAS, the members of the 478th Civil Affairs Battalion, an Army Reserve Unit from Miami were called upon to serve in Afghanistan and more recently in Iraq for Operation Iraqi Freedom; and
th WHEREAS, members of the U.S. Army 478 Civil affairs Battalion have also been sent to Europe, the Middle East, South and Central America, the Horn of Africa, and the Caribbean Islands, as well as to assist in the homeland defense in the borders of the United States and to bravely protect our freedom on a daily basis all over the world; and
WHEREAS, among the members of the 478th Civil Affairs Battalion in Iraq, are a team of two police officers, a court employee, a hospital case manager, a university student majoring in commercial recreation, a small business owner who manufacturers artificial limbs and leg braces and Captain Chris Dube, the son of a Broward County employee. The diversity of the team's backgrounds allowed them to see problems from different angles and to visualize different solutions; and
WHEREAS, the 478th Civil Affairs Battalion is proud of making a positive impact on the lives of the Iraqi people by directing improving the quality of life by rebuilding schools, drilling wells, re-opening hospitals, offering Civil Affairs aid, restoring a children's hospital, working with the neighborhood advisory council, restoring a park with a playground, basketball court and benches; and creating public transportation; and
WHEREAS, the Board of County Commissioners of Broward County, Florida, wishes to acknowledge these men and women of the United States Army 478th Civil Affairs Battalion, NOW, THEREFORE,
BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
That the Board hereby designates Sunday, the 4th of July as the "U.S. ARMY478TH CIVIL AFFAIRS BATTALION APPRECIATION DAY" in Broward County, and it's signed by Mayor Ilene Lieberman, and thank you so much.
(Applause with a standing ovation.)
VICE MAYOR JACOBS: Oh, no, the bottom came off.
MR. ENGELER: Sorry. I didn't have $5,000,000 to give you, so I had to find a way to gain attention. MAYOR LIEBERMAN: You have it no matter what.
MR. ENGELER: Mayor Lieberman, Commissioners, County Administrators, Commissioner Parrish, thank you very much for having us today. My name is Major Ralph Engeler, on behalf of Lieutenant Colonel Rosario, our battalion commander, who is deployed currently with 140 of America's finest in Iraq as we speak. It's always a joy to be recognized under any commission, but certainly from a distinguished government body like this. I think we need to always recognize that the troops first and foremost need the support of the American people and their government entities regardless of political inclination and that is exactly why we're very proud today and appreciative of this recognition. So we ask that you all, please, continue to support those guys and everybody else that is deployed.
Currently here with us today, we have deployments just back from Iraq, Captain Dube, myself from the Horne of Africa and our Interim Commander Betancourt was supposed to be here. He just got back from Afghanistan so you see the diverse nature of our duties that have come about in the last decade with the Reserves and citizen soldier.
And I think if I can make one final note of interest to this body is that we represent Civil Affairs, Civil Military Operations. We are precisely the intermediaries between civil governments and the United States Armed Forces so those are the roles that we carry out when we're deployed. And, again, let me thank you, and let these guys share in the recognition, and I ask everyone to keep our fine soldiers in mind, and God bless America. Thank you very much.
COMMISSIONER PARRISH: And is Captain Dube's family here?
CAPTAIN DUBE: As a matter of fact, my dad is right there.
COMMISSIONER PARRISH: Can you bring him?
MAYOR LIEBERMAN: Can you bring him?
UNIDENTIFIED SPEAKER: Wonderful.
(Applause.)
COMMISSIONER PARRISH: Can we take a picture of the Captain and his dad?
MAYOR LIEBERMAN: Well, perhaps we could have them come in front here, and we'll do another family photo. And I just would like the board to know that our board also gave certificates of appreciation to every member of the battalion. I know, because I personally signed every one of them.
UNIDENTIFIED SPEAKER: Thank you very much.
MAYOR LIEBERMAN: So if you could come forward, we're going to do a group photo with everyone of you, and please bring your dad with you.
THE PHOTOGRAPHER: Okay. Ready? One, two, three. One more. One, two, three.
MAYOR LIEBERMAN: Thank you, all.
(Applause.)
COMMISSIONER PARRISH: If you have family members in the Armed Forces, you know what this means. The captain -- excuse me, the major gave me this coin, which means, because my brother- in-law has one from my nephew, which means if I'm anywhere ordering a drink, if you don't have a matching coin, you have to pay for my drink. It's an old Army trick.
MAYOR LIEBERMAN: And next, today is really a great day in Broward County for getting money from the state and its subdivisions, and I'm pleased to recognize Vice Mayor Kristin Jacobs who is our water commissioner. She's our liaison to the South Florida Water Management District for the receipt of a check.
VICE MAYOR JACOBS: Thank you, Mayor Lieberman. I understand that the Water Management District, Pamela Brooks-Thomas, is she -- no. Michael Jackson is here today, going to present to the county. So I think the way we should do the protocol is I'll allow you to go first and then I'll have some comments afterwards.
MR. JACKSON: Okay. Good afternoon. On behalf of the South Florida Water Management District, I'd also ask Representative Davis to join me with his work and support for this particular project, I would like to allow him to actually make the presentation in his role on the committee forum in terms of his work for water projects within this last legislative process. I would also like to thank the members of the Broward Delegation that's here today as well, and thank them for their support of this project.
At an October 22nd meeting last year, the Central Broward Water Control District and the Board of County Commissioners passed a motion to work cooperatively with the South Florida Water Management District to fund and implement water quality improvements, projects within the C11 west basin. Today as a culmination of that work in cooperation through intergovernmental participation with both the County Commission, the Central Broward Water Control District, the South Florida Water Management District and, again, legislators from the Broward Delegation, also Representative Mike Davis. So with that, I'll allow Mike Representative Davis to make the official presentation.
REPRESENTATIVE DAVIS: Thank you, Michael. I just wanted to say a few words, as it seems appropriate. Since a lot of you know that I live about a hundred miles due west of here, but there are some commonalities between the Collier and Broward parts of my district and one huge geographical feature that is common is the Everglades, and that's why this project was important to me and one that I requested along with my Senate sponsor, Senator Wasserman-Schultz.
It will go a long way in reducing the nutrient flow in the C11 canal to the west, and I think 20 to 40 percent are what the scientists tell us it will reduce the phosphorus content of that water flowing into the Everglades and greatly reduce that hot spot that we know lies out west and get us faster to Everglades restoration. And my good friend and colleague Ron Greenstein I know worked hard for this million dollars last year. It was my pleasure to work for it this year along with all my colleagues in the Broward Delegation, and as Ron and I just discussed, you know, a million here, a million there, before you know it, we'll have 5,000,000 for you. But on behalf of the delegation and myself, it's something we're going to continue to work on for Broward because we know how important Broward and the canal system is to Everglades restoration. And with that, the easy part, which is handing you, Commissioner, the check for $1,000,000.
VICE MAYOR JACOBS: Wow.
(Applause.)
COMMISSIONER PARRISH: Some days it's worth it coming to work. I just said to Ilene, some days are worth it coming to work, more so than others. We should do like -- it's like Christmastime with the cash register just clinking.
VICE MAYOR JACOBS: Thank you so much, Representative, and I would be remiss if I didn't especially thank you, because although you are not a resident of Broward County, it is your love of the Everglades and Broward County as two-thirds of Broward County is in the Everglades to pursue this project and bring the million dollars back to this county, particularly for the C11 canal system. With the pollution that's in there that we need to try to clean it out by 2006, that is a tall order for this county to achieve, a million dollars goes a long way to helping us get there, and it's our entire delegation and its dedication to the environment.
We often hear people in other parts of the state talk about, you can't be an environmentalist and be from Broward County because we're built out and what you show by bringing these dollars back is how important it is that we keep ever in mind that we have a wonderful resource in our environment and the quality of our water and the effort that you all have put forth in Tallahassee on our behalf really does help keep a better quality of life in Broward County and in the Everglades and we appreciate all that you do, and particularly we appreciate a million dollars coming our way, and we look forward to bringing in another million next year. Thank you. Thank you all also much.
(Applause.)
COMMISSIONER SCOTT: Madam Mayor, Madam Mayor?
MAYOR LIEBERMAN: Mr. Jackson, could we ask you and Representative Davis and the members of the Delegation to just come up and we can all shake your hands and say thank you, and we appreciate the million dollars.
COMMISSIONER PARRISH: Nice to see you. Thanks for driving over. No, my nephew bought my brother-in-law one and it's an Army trick.
MAYOR LIEBERMAN: Thanks, Ellyn. Keep the money coming.
Thanks, Mike.
MAYOR LIEBERMAN: And next it gives me great pleasure to ask Commissioner Lori Nance Parrish and Commissioner Diana Wasserman-Rubin to go to the podium to accept a check from the City of Weston who is in both of their county commission districts.
VICE MAYOR JACOBS: Another check.
MAYOR LIEBERMAN: Yes, and to recognize the Mayor of Weston, Mayor Eric Hirsch and his City Manager John Flint with a $50,000 check for the development of a doggy park in Markham Park.
MAYOR HIRSCH: Mayor, members of the commission, thank you for having us here. It's a pleasure to be here to be able to present you with our contribution. You know this started back, Commissioner Wasserman-Rubin started the process and Commissioner Parrish sealed the deal when we wanted to do something for all the dog of West Broward and build a regional dog park and I know the residents of Weston are absolutely delighted as the surrounding areas will be to be able to participate in this park. And with that, we would like to present to you our contribution of $50,000 towards the development of it. Thank you very much.
(Applause.)
COMMISSIONER GRABER: Mayor, I have a question. I have a question. Is that a valid signature on that check?
COMMISSIONER WASSERMAN-RUBIN: It's a puppy paw.
MAYOR LIEBERMAN: I committed a go, paw which I will never do again. Commissioner Jim Scott, you're liaison to the state legislation asked to say something and it's my fault. Maybe you'd like to say something.
COMMISSIONER PARRISH: Thank you. That's cute. Our parks look like that. A little one for little dogs and a big one for big dogs. And before, Commissioner Scott, we just need to say on the Weston dog park, we all need to extend a special thank you also to Weston Commissioner Dan Stermer, to the Town of Davie Vice Mayor Judie Paul, to Mayor Steve Ferrin to the City of Sunrise and to Council Member Don Maines of Southwest Ranches, because it was a cooperative effort to do everything, and we need to recognize, while Weston is giving us the cash, there were certainly some other municipalities that helped, and we want to thank them, a special thanks to Bob Harbin and his staff. Now, will that be a doggy fountain?
MAYOR LIEBERMAN: Our board has asked Commissioner Scott to be the liaison to the state legislature, and a lot of what you see here today and the money that we're receiving is because he spends his time in Tallahassee during session protecting Broward County's interests, and, Jim, we appreciate that. We know we wouldn't have this without you.
(Applause.)
MAYOR LIEBERMAN: Next it gives me great pleasure to call to the podium Commissioner Wasserman-Rubin and Commissioner Eggelletion for a presentation on Jamaica Independence Day to the Consul General, Ricardo Alicock.
And I just want to say something before he comes forward. Since the minute he came here as our consul general, it has been such a pleasure working with Consul General Alicock. During the inbound trade mission that we recently hosted in Broward County, an initiative started by Commissioner Wasserman- Rubin when she was mayor, we received this great mission, inbound mission, in the room right next door was the Venue Assessment Team for the World Cup. Not missing a beat, we asked him if he'd do double duty. He spoke to our inbound visitors from Jamaica and then quickly rushed next door to tell the Venue Assessment Team why the World Cup should be played in Broward County. So I want to thank you for being there for us. You've just been terrific.
CONSUL GENERAL ALICOCK: Good.
COMMISSIONER EGGELLETION: Good afternoon, Madam Mayor, and Members of the Board, it gives me a great deal of pleasure to call to the podium, the Consul General from Jamaica, Ricardo Alicock, and the Mayor has said it wisely, he has done a very good job being our council general and even supporting our effort for the World Cup and cricket, we even want him to even support our effort to try to move the consulate from Dade County to Broward as well. So -- and we're very serious about that and he knows I always speak to him about that. But he's done a very good job. Many of the residents and all of you do know, particularly those of you in the school system when you look at your class rosters, you see a large percentage of the population from the East and West Indies. The largest percentage of those are people from the island of Jamaica, and I represent a great deal of that the constituent, and it is, indeed, a great pleasure for me to have my colleague, Diana Wasserman-Rubin read a proclamation in honor of Jamaican independence and present that to the council general.
COMMISSIONER WASSERMAN-RUBIN: Thank you, Commissioner Eggelletion, and I represent the City of Miramar, the first city in the county that has a majority Jamaican council. So there.
COMMISSIONER PARRISH: Jamaican-American, Jamaican-American.
COMMISSIONER WASSERMAN-RUBIN: Consul General, it's a great pleasure for me not only to say hello to you one more time, but also to read this proclamation into the record.
WHEREAS, August the 6th, 1962 was the beginning of the most historic moment in Jamaica's history when the Union Jack which had flown over the country for 307 years was replaced by the Black, Green, and Gold flag of the newly independent country of Jamaica; and
WHEREAS, Jamaica is the third largest island in the Caribbean and the largest of the English speaking islands; and
WHEREAS, Jamaica's area is 4,244 square miles comprising 14 parishes with a tropical climate, coastal plain areas, and a magnificent Blue Mountain range, 120 rivers, and world famous mahogany and blue mahoe woods. It is a part of the Commonwealth of Nations, and it is a democratic country; and
WHEREAS, Jamaica has a long and vibrant history which has included hardship and prosperity, growth and determination of the people to bring the nation to its current place in history with its own money, flag, anthem, and other national symbols; and
WHEREAS, each year Jamaica celebrates its independence by having various cultural presentations in which all Jamaicans can participate, including Culinary Arts Exposition, Fine Arts and Photography Exhibitions, a Festival Song competition, dance, speech, and drama contests, costume shows, Grand Gala and street parades and dances, all of which draw hundreds of visitors to the island each year, as well as the return of many Jamaicans living abroad; and
WHEREAS, Broward County extends its best wishes to Jamaica and the Jamaican people in the celebration of its 42nd year of Independence for the country, NOW THEREFORE,
BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA,
That the Board hereby designates "JAMAICA INDEPENDENCE DAY" Friday August 6, 2004, in Broward County, Florida, signed by our Mayor, Ilene Lieberman, and in the words of a very famous Jamaican, help me out here: One love, one heart, let's get together and feel all right. Welcome.
(Applause.)
CONSUL GENERAL ALICOCK: Thank you, Commissioner Wasserman-Rubin. Thank you, Commissioner Eggelletion, Madam Mayor.
Before I begin, I'd just like to say in regards to cricket that while I was willing to stand up and speak on behalf of Broward County because I thought that it behooved the Caribbean community here and the wider community for some of the games to be played here, my first and foremost loyalty is, of course, the games being played in Jamaica, but to the extent that the games will be played across a number of venues, I say to you as I say to my Jamaican compatriots at home, may the best venues win.
Madam Mayor, Ilene Lieberman, Madam Vice Mayor, the Honorable Kristin Jacobs, Commissioner of Broward County, the Honorable Diana Wasserman-Rubin, Commissioner, the Honorable Josephus Eggelletion, other members of the Board of County Commissioners, it is my delight on behalf of the Consulate General of Jamaican located in Miami to accept this proclamation delivered into my hands today. Indeed, this is an historic event. This is only the second time in as many years that this proclamation has been made declaring August 6th, which is Jamaica's independence day, as Jamaica Day in Broward County, and truly I am grateful for that.
As you know, there are more than 67,000 Jamaicans on record residing in Broward County, and, in fact, they comprise the largest foreign born group in this county. But even as Jamaicans go about their daily legitimate lives here positively impacting this community, so too does Broward County have a positive impact on Jamaica, in a myriad of ways but particularly in terms of the trade that we enjoy between Jamaica and Broward County.
I must say that there is another way in which today is an historic day, and that is by agreeing to present this proclamation and declaring August 6th Jamaica day in Broward County, you have actually helped to cement a region-wide agreement for the three counties to, on that same day, recognize August 6th as Jamaica day. And so I'd like to thank all of you who have been involved in this initiative for embracing the Jamaican community as it weaves its way into the economic and social fabric of your community, and I'd like to say thank you to all of you for being of such great support to the Consulate of Jamaica and for being such a loyal partner and friend to my glorious island, Jamaica.
(Applause.)
(COMMISSIONER SCOTT LEFT THE ROOM.)
MAYOR LIEBERMAN: The next item on the agenda is really a time of pride for all of us. Under the direction of your County Administrator, Roger Desjarlais, our county submitted for the 2004 NACO Achievement Awards. And this year we were honored that 11 different programs received awards for the great strides that we are making in quality public service. These winning programs serve as models for counties across the nation focused on extreme lining and modernizing governmental service. It is a constant challenge for counties across the nation to continue to develop innovative and successful programs in a wide range of service areas. And here at Broward County the fact that we have 11 such awards to give out today shows that we are far ahead in our efforts to be innovative, progressive, and in meeting the needs of our constituents.
The first award is to the Tri-county Consumer Protection Week -"The Consumer Showdown." Would you come forward, Ms. Fandel. This is yours, and we need to have you in a photo with Roger and us. Wait, Steve. Wait.
THE PHOTOGRAPHER: Okay. One, two, three.
MS. FANDEL: Thank you.
MAYOR LIEBERMAN: Thank you.
(Applause.)
MAYOR LIEBERMAN: You're going the wrong way.
Our next award is for a program we call Employee Essentials and Employee Lifeline. Mr. Acton, and Susan, I didn't see Susan, come forward, please.
MR. DESJARLAIS: Congratulations.
MAYOR LIEBERMAN: Congratulations.
THE PHOTOGRAPHER: One, two, three. Okay.
(Applause.)
MAYOR LIEBERMAN: Our next award is entitled Implementation of a Remediation Inspector Program and was submitted by the Department of Planning and Environmental Protection, Mr. Auerhahn and staff.
(Applause.)
MAYOR LIEBERMAN: Elliot, you get to hold the award.
MAYOR LIEBERMAN: Please be congratulated by the Board.
(Applause.)
MAYOR LIEBERMAN: Our next award is for Paratransit Services and was submitted by Broward County Transit. Please join the director in welcoming our director.
(Applause.)
COMMISSIONER PARRISH: It's not easy for them to win that one. We should give them a double yea.
(Applause.)
COMMISSIONER PARRISH: That one is hard.
THE PHOTOGRAPHER: You've got to move one way or the other. One, two, three. Got it.
MR. DESJARLAIS: Please be congratulated.
MAYOR LIEBERMAN: Please be congratulated by the members of the board.
COMMISSIONER PARRISH: Look, they even walk timidly. Bless their hearts.
MAYOR LIEBERMAN: The next award for the Contract Evaluation Team was submitted by Program Research Development and Evaluation Division.
(Applause.)
MAYOR LIEBERMAN: And can we ask the fan club to come on down?
Steven has asked that we stand in the corner.
MR. DESJARLAIS: Does that work better? There we go. Please join us.
THE PHOTOGRAPHER: Okay. That looks good. Okay, ready, set? One, two, three.
MR. DESJARLAIS: Got it? All right.
(Applause.)
MAYOR LIEBERMAN: Please be congratulated.
Our next award is for the English Cafe, a creation of our Library Division, join me in welcoming the Libraries Director, Bob Cannon.
(Applause.)
MR. DESJARLAIS: Come on up. Congratulations.
MAYOR LIEBERMAN: Thank you. Congratulations. Congratulations. And now for a family photo.
THE PHOTOGRAPHER: Right there is good. Okay. Ready? One, two, three.
MR. DESJARLAIS: Got it? Please be congratulated by the Board.
MAYOR LIEBERMAN: Okay. Our next award was for our Adopt-a-Street Program which was submitted by the Office of Integrated Waste Management. Is Mary Beth here?
MR. DESJARLAIS: Yes, there she is.
MAYOR LIEBERMAN: Come on down. Join us in welcoming the Director, Mary Beth Busatall, and for those of you who have not yet adopted a street, see Mary Beth. There are streets to be adopted.
(Applause.)
MS. BUSATALL: Thank you.
MR. DESJARLAIS: Come on up.
MAYOR LIEBERMAN: Come on up.
MR. DESJARLAIS: Congratulations. Thank you.
THE PHOTOGRAPHER: Okay. Ready, set? One, two, three. Got it.
MAYOR LIEBERMAN: Please be congratulated by the Board.
MR. DESJARLAIS: Thank you.
MAYOR LIEBERMAN: Thank you. The next program called the Step in the Right Direction is a lead 16-class project submitted by the Human Resources Division, Employee Development. Can we ask Mr. Acton and his staff to join us, please? Come on.
MR. DESJARLAIS: Come on up. Congratulations.
(Applause.)
THE PHOTOGRAPHER: Could you lead them over here? We're going to need them all over here for this picture.
COMMISSIONER WASSERMAN-RUBIN: I recognize some of these people.
COMMISSIONER PARRISH: Right.
THE PHOTOGRAPHER: Ready, set? One, two, three. Got it.
(Applause.)
MAYOR LIEBERMAN: Here we go. Our next award -- our next award is for Driver and Bicyclist Education, was submitted by the Department of Planning and Environmental Protection, Mr. Auerhahn.
(Applause.)
MR. DESJARLAIS: Good job.
THE PHOTOGRAPHER: Okay. Elliott, ready, set? One, two, three. Got it.
MR. DESJARLAIS: Please be congratulated by the Board.
MAYOR LIEBERMAN: Be congratulated by the Board.
MR. DESJARLAIS: Thank you.
MAYOR LIEBERMAN: Our next award was submitted by Parks and Recreation, the Department of Planning and Environmental Protection and the Public Works Department and is truly, as the title Says, Partnerships & Planning: Putting Smart Growth into Regional Practice. Please join us to receive your award.
(Applause.)
MR. DESJARLAIS: Thank you. Great job.
MAYOR LIEBERMAN: Great job. Congratulations.
MR. DESJARLAIS: Nice to see you.
MAYOR LIEBERMAN: Congratulations.
MR. DESJARLAIS: Come on over and join us. Thank you. Come on over and get your picture taken.
THE PHOTOGRAPHER: One, two, three.
(Applause.)
MAYOR LIEBERMAN: And our final award from NACO is for Occupational License Online Renewal Application submitted by the Office of Information Technology. Nicole Fontayne-Mack, if you can come forward.
MR. DESJARLAIS: Great job.
MAYOR LIEBERMAN: Great job. Congratulations.
(Applause.)
MR. DESJARLAIS: Stand by the Mayor.
THE PHOTOGRAPHER: Okay. One, two, three. Got it?
UNIDENTIFIED SPEAKER: Yes.
MAYOR LIEBERMAN: Please be congratulated by the Board, and, Nicole, you get this.
MS. FONTAYNE-MACK: Thank you so much.
MAYOR LIEBERMAN: Our final set of recognition will be given by Commissioner Rodstrom on behalf of the Broward County Aviation and Intermedia.
Commissioner Rodstrom, our Airport Commissioner.
COMMISSIONER RODSTROM: Dubious distinction, let me, if I could please have the representatives from the airport here, Tom Jargiello, Ed Nelson, and Ken Krauter and Ellen Kennedy from the port, and also Chris Madsen, if you'd come down, also Margaret Stapleton.
Two years ago, the county engaged the services of Intermedia, and they put together some advertising for us, and those advertising campaigns were respectively, one was at the airport and one was at the seaport so we had inner cooperation for this advertising campaign and they did such a good job putting these together that we won what is called the ADDY Award. It's a very coveted award that's given to the best advertisement in the industry. And so we actually won a number of ADDYs, and the airport won two silver ADDYs for their consumer magazine and the other one is for collateral material. So I guess you're looking at the airport now. Maybe someone could -- Chris, you want to el us since this is wore work effort what we're looking at.
MS. MADSEN: Thank you, John. The Fort-Lauderdale-Hollywood International Airport is displayed here with --
MAYOR LIEBERMAN: Take the mike.
MS. MADSEN: - with the silver awards that were won for it. This is the 75th anniversary piece, and those are several ads, and several of you may have remembered the touch the sky event that we were very actively involved in, and that did win an award as well. And of course for the wonderful Port Everglades we've put together a branded advertisement campaign that won gold at the ADDY Awards. We know that -- I wasn't able to walk up here with a big check, but I'm confident that this advertising will bring the ROI that the port and airport constantly strive for and bring to this county. So that's the gold campaign.
COMMISSIONER RODSTROM: Okay. So for the port --
MAYOR LIEBERMAN: I'm going to ask Commissioner Eggelletion to do the port.
COMMISSIONER RODSTROM: The port, Commissioner Eggelletion, do you want to present those?
COMMISSIONER EGGELLETION: Okay. Both of these are for the port, right?
COMMISSIONER RODSTROM: Yes.
COMMISSIONER EGGELLETION: Okay. Good. This is the collateral material special events. It's presented to Broward County Board of County Commissioners, and the credit goes to Ed Nelson, Marketing Director, Christine Madsen, President of Intermedia, and I guess this is Lisa Taylor, I should know that name. Her husband owes me two strokes aside for this. I play golf with her husband sometimes, and Lori Goltier, I hope I pronounced that correctly, Lori Silvecki, and Margaret Stapleton, Account Executive.
And let me just say, this is what happens, I believe, you know, in our programs, commissioners, you all need to know, this is what happened I think when we choose good teams. And also when we make sure that our minority procurement program works. You come up with the best of both worlds and you get a good mix and this is what happens, you get good advertisement. So this is most appreciative, and I guess, Mr. Krauter, this goes to yourself and to your able assistant.
MR. KRAUTER: Thank you.
MS. KENNEDY: Thank you.
COMMISSIONER EGGELLETION: That's Ellen Kennedy.
(Applause.)
MR. KRAUTER: Yes. Thank you.
COMMISSIONER RODSTROM: And the next award is for the Gold Award, and it's to the airport for the Trade Publication through Intermedia. It's the campaign for color. The credits go to Ellen Kennedy, Marketing Director of Port Everglades; Elise Taylor, Vice President Intermedia; Chris Madsen, President Intermedia; Jill Stone, Designer; David Copeck, Graphic Artist; Larry Gottier Copy Right; Larry Gottier, Creative Director, and Margaret Stapleton, Account Executive.
Mr. Jargiello, congratulations.
(Applause.)
COMMISSIONER RODSTROM: Nice work. Thank you, everybody.
MAYOR LIEBERMAN: Thank you. Mr. Desjarlais, can we ask that those display boards be placed in our lobby so that people coming in and out of the county and a note be placed on them about having won the ADDY Awards.
MR. DESJARLAIS: We'll take care of it.
MAYOR LIEBERMAN: And could we ask Ms. Madsen and Ms. Kennedy, Mr. Krauter to please come and be congratulated by the Board, Mr. Jargiello, everyone.
COMMISSIONER PARRISH: And this is a WBE who did the big job. Congratulations, Chris.
COMMISSIONER PARRISH: We were all just talking about that Ms. Madsen is to be congratulated because she's an example of someone who received -- who did some - some consulting work, started her own agency, and then won big time. So we congratulate you, and we thank you.
COMMISSIONER RODSTROM: Just a point of information. I can't tell you when I saw her name on there in getting an ADDY Award, maybe I really should have stuck with it, but over the years I thought I was pretty good at doing my own brochures and she did a campaign brochure for me back in the '80's, and now look at her. So, boy, did I mess up. Congratulations. You know, who knows, who knows.
MAYOR LIEBERMAN: You know, one of the nice things about Ms. Madsen is she's a home- grown Broward County success story, and is headquartered in Broward County. We all knew her back in the early days and seeing her receive these accolades, I know it fills my heart with pride and joy.
COMMISSIONER PARRISH: She also does lots of community stuff. She's the president of Stranahan House. She puts in her time in the community as a volunteer too, so it's great.
MAYOR LIEBERMAN: Well, you won't believe this, this completes Good and Welfare.
COMMISSIONER PARRISH: Time flies.
PUBLIC HEARINGS
MAYOR LIEBERMAN: The clerk will post the appropriate notices. Our public hearing is now open.
MAYOR LIEBERMAN: I've had a request from the District Commissioner that we hear Item 8 first out of order, which is the Washington Park Neighborhood Enhancement Plan. So we're going to do that item first at the request of the District Commissioner.
COMMISSIONER RODSTROM: Okay.
MAYOR LIEBERMAN: Yes. Uh-oh.
COMMISSIONER PARRISH: We think we're doing that --
MR. DESJARLAIS: (Inaudible.)
MAYOR LIEBERMAN: We're not going to do that just this moment because we're going to take a group picture with the consul general of Jamaica, Consul General Alicock, if you'll come forward, we would be thrilled to come down there and do a group photo with you. I don't know how we missed a group photo. I apologize.
THE PHOTOGRAPHER: Okay. Ready? Okay. One -- let's see. Hold on a second. There's background. Okay. One, two, three. Let me take just one more. One, two, three. Okay.
MAYOR LIEBERMAN: Okay. Now the public hearing is now open. The clerk will post the appropriate notices.
AGENDA ITEM 8
MAYOR LIEBERMAN: First item on the agenda will be Item Number 8, is moved by Commissioner Rodstrom, is seconded by Commissioner Eggelletion.
Is there anyone in the chambers who wishes to speak on Item Number 8? Seeing none, the public is now closed.
Commission, any deliberation?
COMMISSIONER RODSTROM: No, if we could vote on it. Just as we vote, I'd just like to ask that Eugene Franklin, we send good well wishes to him, and we would loved to have seen him today and if you're watching from your -- yes, he had an operation. So, if you're watching, we send you our best wishes, Eugene.
MAYOR LIEBERMAN: And perhaps, Commissioner Rodstrom, we could send a get well card. We can circulate it on the board and we can all sign it.
COMMISSIONER RODSTROM: That would be great.
MAYOR LIEBERMAN: We all wish him the best of health.
COMMISSIONER RODSTROM: Great.
MAYOR LIEBERMAN: Okay. With that, hearing no further discussion,
All those in favor of Item Number 8 signify by saying aye.
All those opposed.
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 1
MAYOR LIEBERMAN: Item Number 1 is a motion to consider the assessment of additional court costs, is moved by Commissioner Parrish. Is seconded by Commissioner Gunzburger.
I have one person who has asked to speak on this, Kenneth Cutler. Is Mr. Cutler here? If you'll come forward and state your name. One second. Just one second.
(COMMISSIONER RODSTROM LEFT THE ROOM.)
MR. CUTLER: Sorry.
MAYOR LIEBERMAN: Okay.
MR. CUTLER: Good afternoon. My name is Kenneth Cutler, and I live at 7421 West Upper Ridge Drive in Parkland. I am here today essentially for a number of reasons, but ostensibly for the teen court program which will benefit from the funding allocations that are indicated in the particular ordinance. A bit of background: I am a father of two children who are currently about to go into high school. My son will be a senior. My daughter will be a freshman.
COMMISSIONER PARRISH: Good luck.
MR. CUTLER: Thank you very much. I'm already there.
COMMISSIONER PARRISH: Welcome to real parenting.
MR. CUTLER: Thank you very much. I practice on Hillsboro Boulevard and my office is directly across from the satellite courthouse there. I had an opportunity about three years ago to run across a tiny blurb in one of the bar magazines indicating that they were looking for volunteers to be judges with the Teen Court Program. Made a phone call and went over and I have to tell you that without a doubt it has been a life altering experience for me.
I've had an opportunity to observe firsthand the benefits and the real quality education that has been given to our children who have been fortunate enough to be exposed to this particular program, not only as defendants in the court program process, but also as volunteers getting community service hours through their school systems and volunteer programs.
I understand that this particular ordinance is up for being passed because of the nature of Article V and the lack of funding that has now been imposed because of the taking away of those funding -- to those programs like the teen court program. And the glitch bill has allowed for the commission to go ahead and enact this particular ordinance. I urge the commission with all of my heart to please go ahead and take serious consideration of passing the ordinance that would allow the funding and continuation for the teen court program.
It has assisted in my own experience approximately a hundred different defendants over the course of the last three years in their lives and in helping them to understand that by making a single mistake, a single error in judgment in their youthful years, that it does not mean that the rest of their life can't be straightened out and impacted. It gives an opportunity to the children who act as jurors to ask questions of them and to also learn from the experience of their peers and to assist them in their life processes. And so I think it is a wonderful program, and that the funding process should be brought forward through the basis of the passing of this particular ordinance. I have --
MAYOR LIEBERMAN: Thank you.
COMMISSIONER PARRISH: This funds it.
MAYOR LIEBERMAN: Thank you. This funds it.
Is there anyone else from the public here to speak on Item Number 1. Let me -- Mr. Cutler, before you leave, the purpose for us in passing this is exactly that this ordinance will fund teen court. If you'll wait a couple minutes, I'll be glad to give you my copy of the backup so you can see that.
MR. CUTLER: Okay. Thank you.
MAYOR LIEBERMAN: Thank you. All right. Is there anyone else? No one else. The public is closed. Commission, is there any discussion? We have a motion. We have a second.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 2
MAYOR LIEBERMAN: Item Number 2 is to consider renewal of a license.
COMMISSIONER PARRISH: Move it.
MAYOR LIEBERMAN: It is moved by Commissioner Parrish. Seconded by Commissioner Graber.
Is there anyone in the chambers here to speak on Item Number 2. Seeing none, the public hearing is now closed. Commission, any discussion? Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 3
MAYOR LIEBERMAN: Item Number 3 is the award --
COMMISSIONER PARRISH: Move it.
MAYOR LIEBERMAN: -- of a Class 1-ALS license. It is moved by Commissioner Graber. Seconded by Commissioner Eggelletion. Is there anyone in the chambers who is here to speak on this item.
Hearing none, the public is now closed. Commission, any debate?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 4
MAYOR LIEBERMAN: Item Number 4 is the award of a Class 2-ALS license. It is moved by Commissioner Eggelletion. Seconded by Commissioner Wasserman-Rubin. Is there anyone in the chambers here to speak on Item Number 4? Seeing none, the public hearing is now closed. Commission, any debate?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 5
MAYOR LIEBERMAN: Item Number 5 is the award of a Class 4-ALS license. It is moved by Commissioner Wasserman-Rubin, seconded by Vice Mayor Jacobs.
Is there anyone here in the chambers here to speak on Item Number 5? Seeing none, the public hearing is now closed. Commission, any discussion?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
(COMMISSIONER RODSTROM RETURNED TO THE ROOM.)
AGENDA ITEM 6
MAYOR LIEBERMAN: Item Number 6 is the acquisition of the Broad View Park Water Company, is moved by Commissioner Rodstrom. Seconded by Commissioner Parrish.
COMMISSIONER PARRISH: No.
MAYOR LIEBERMAN: No? Okay. Moved by Commissioner Rodstrom. Seconded by Commissioner Eggelletion.
I have two speakers, so I'm going to open to the public and have them speak. I have, I believe it's, David Nielson and Janice Washburn, Jan Washburn, if I call your name, please come forward, you have three minutes. We ask that you start by saying your name and giving us your address and that when the time is up, that you relinquish the mike. Ready?
MR. NIELSON: Hi. Good afternoon, Madam Mayor, ladies and gentlemen of this board. My name is David Nielson. I live at 2430 Southwest 50th Terrace, Broadview Park. I've been there for 11 years. I am also on the board of directors. As you all know, we have a very serious water problem in our neighborhood. Commissioner Rodstrom has worked very, very hard on this, and I would like to see each and every one of you back him up with this. We do not want a health, welfare, and safety issue. Okay. So please, with these motions, please adopt them and please approve them. Thank you very much for your time.
MAYOR LIEBERMAN: Thank you, Mr. Nielson. And Jan Washburn.
MS. WASHBURN: Yes, Madam Mayor and Commissioners, my name is Janice Washburn, 4693 Southwest 19th Street. I've lived in Broadview Park for almost 49 years, and that is not quite as long as the Broadview Park water system has been in existence. It's a very, very old system with pipes that are too small and which are deteriorating badly. One of the county engineers advised us that the pipes reminded him of cardboard, and that will give you a clue to what we've been going through with broken water mains and so forth.
(COMMISSIONER SCOTT RETURNED TO THE ROOM.)
MS. WASHBURN: Just one other thing I wanted to mention. Broadview Park is one of the unincorporated areas that is sort of an orphan. Everybody is very hesitant about annexing Broadview Park because, among other things, of our water system. So we urge you to support Commissioner Rodstrom's motion, and we do appreciate all his efforts on our behalf. Thank you.
MAYOR LIEBERMAN: Thank you. Is there anyone else in the chambers who wishes to speak on Item Number 6? Okay.
Commissioner Rodstrom, I'll recognize you first.
COMMISSIONER RODSTROM: Well, first of all, when I took over this district, this was one of my highest priorities and it was not without peril. You know, we could have gone a lot of different ways. We could have done a condemnation. Had we done that, these people still would not be looking towards anything happening in the immediate future. What today's agreement does for us is it gives us the ability to go in there and make these improvements.
We had a company who didn't put much in the way into this water system. It took a lot out. It hasn't put much in in the way of infrastructure in many, many years, and I think that we ought to temper our enthusiasm because it's still going to take us a number of years to get these improvements in place but at least today is a start to help these folks out.
Also, these folks are aware that they will be paying, so this price is really not being borne by us. It's being paid by the users of the water system, and they fully recognize that we had to pay more. At one time we offered as little as $250,000. The owner wanted a million, and we settled on this price, but we got some other things thrown in that made it more palatable to us. Madam Mayor, it's the best agreement I think we could hammer out under the circumstances without going through condemnation. So I would ask you to support it, please.
MAYOR LIEBERMAN: Okay. Commissioner Parrish, Commissioner Scott.
COMMISSIONER PARRISH: I guess -- I mean I know that this issue actually predates me. It's been controversial. I remember Jesse Guido living over there. This thing has been controversial forever, but what I was a little concerned about is, their assets and liabilities. I mean they're upside down on this place. Why would we give them a profit? Is this -- I mean they're really upside down on this issue, or at least from the financial information we've been given. You know, they're going to make a profit after we take out the liabilities, and they haven't been running at a profit or it doesn't look like it with their assets and liabilities.
COMMISSIONER RODSTROM: As I said -- as I said, Commissioner, you can go through condemnation. You're going to spend a significant amount of legal fees. You're going to put a lot of time and effort into it. There will be sufficient assets there for them -- for the court to award a price, and, you know, I think what you have to do is you have to determine what this is worth, what these people's lives -- they have repeated shutoffs of their water. The system is really in disrepair and you have to weigh that, and I did, you know. Look, I'm the last one who wants to pay up for anything, but you know I'm weighing in my mind what you need to do to improve these lives of these people and balance that, you know, on behalf of those that are going to pay, you know, for the system. These folks will pay for these improvements.
COMMISSIONER PARRISH: Well, but may I?
MAYOR LIEBERMAN: Yes, Commissioner.
COMMISSIONER PARRISH: What I don't understand -- I understand all that to help them out, but I don't understand why we wouldn't go in and quick take this because they're upside down on it. They've got a balance of a minus $663,000. They have absolutely zilch almost for equity. They have no assets. They're upside down on it on long-term and short-term. They've got an owner's equity of minus 600. So what happens is when we pay them this, are they paying -- do they have any outstanding debts? A mean how is this --
COMMISSIONER RODSTROM: They have a - if I recall, they owe the City of Fort Lauderdale about $150,000, Mr. Dion, is that something in that range, in fines, of which they've agreed to take care of as part of this money that we're paying them.
COMMISSIONER PARRISH: Well, could you show me where it says that?
COMMISSIONER RODSTROM: In addition, we're also getting a small piece of property, and we're getting all the lines, you know, we're getting all the customers.
MAYOR LIEBERMAN: Okay. Commissioner Parrish, you have the floor, so --
COMMISSIONER PARRISH: I just want to know where it says they're going to pay off so we'll get it free and clear, because if they're upside down on it, 663,000, if they take the 800,000, because we don't know who the debt is owed to. So if you take that, I mean actually it's paying off their debt, and then they come out with a little over a hundred grand, but I don't see where it says that in this document. It doesn't mean it's not in there. I just don't see.
MAYOR LIEBERMAN: While Mr. Dion is looking, do you have any other questions, Commissioner Parrish?
COMMISSIONER PARRISH: No, I just want to know where it says that we're getting it free and clear.
MAYOR LIEBERMAN: Okay.
MR. DION: Mayor.
MAYOR LIEBERMAN: I want to support the District Commissioner on his efforts. I know that this has been an issue. I know the Washburns for many years, and I know the problems they've been having. What concerned me when I looked at it, similar concerns Commissioner Parrish had with it, in looking at the equities and the liabilities, it appeared to me that, there was a very little equity and a lot of liability.
And I'm looking for the answer I got from staff. I asked staff a question, because if I was concerned before when I got their answer, I was more concerned. I asked them whether they had an appraisal done, because I want to know that 800,000 is fair market value for what we're purchasing, and the answer that I got back basically said we didn't do an appraisal. We don't know what it's worth. This is what was negotiated. So I need something in the record that shows how we got to this number, because there is nothing in our backup that shows how the number is.
I think what Commissioner Rodstrom is doing is a good thing. I think it needs to be done, but I'm uncomfortable with the price. In fact, the answer I got back from staff says: The Broward -- it says: The BCWC - BPWC offer was based on a remaining value for a water main distribution system and projected revenue that county staff believed to be too high. An independent fee appraisal was not obtained. The 800,000 purchase price was agreed to and is being recommended for board approval to allow reconstruction, but there's nothing in here that says how they got to that number or whether it's a fair market value for what we're purchasing. So I'd want that information at a minimal.
Commissioner Scott, I had you next.
COMMISSIONER SCOTT: Well, I just wanted to -- this was the area that I had in my first district, and I just wanted to commend Commissioner Rodstrom for following through. We had started trying to help with this when it was in my district, and I just especially wanted to commend him. I'm not as up on the questions that you've raised and the details of it, but I do know that it's absolutely necessary, and I just wanted these folks to know that I think Commissioner Rodstrom has done an admirable job in pursuing -- and this is the type of constituent work that you hope that your elected official would do.
MAYOR LIEBERMAN: Okay. I have Commissioner Graber next.
COMMISSIONER GRABER: I have a couple of questions, mostly because there were other similar problems in other parts of the county which we may address in the future, but what's the jurisdiction over these water districts? I mean if they're operating with inadequate equipment, can't they be shut down? I mean who is responsible for them?
(COMMISSIONER PARRISH LEFT THE ROOM.)
COMMISSIONER GRABER: Is it the municipality? Is it the county? Is it the state? Is it Department of Health? I mean what's the jurisdiction over them, nothing? Can they do whatever they want and exist in any way they want as bad as they want without anything other than getting fined?
MAYOR LIEBERMAN: Mr. Desjarlais, Mr. Dion, which one of you would be --
MR. DION: In this instance, this is a private water company. If they wanted to increase their fees, they'd have to go to the Public Service Commission, but if there's a health issue, then that would be the Broward County Department of Health, not associated with this board. But we don't have any authority over them to require them to perform in a certain fashion.
COMMISSIONER GRABER: In this particular case, the City of Fort Lauderdale has been fining them. Do they have any jurisdiction over them?
MR. DION: I don't know that issue at all.
COMMISSIONER GRABER: You wouldn't know that.
MR. DION: (Shakes head from side to side.)
COMMISSIONER GRABER: I'd like to ask you to research that because we do have a water district under our jurisdiction in my district that is having similar problems, so if you could research that for me, Mr. Dion, I'd appreciate it. Thank you, Mayor.
MAYOR LIEBERMAN: Is there any other discussion? Any other commissioners who have not spoken. Are there any other commissioners. Commissioner Rodstrom, go ahead.
COMMISSIONER RODSTROM: Yes, just Mr. Brossard, if you could address the issue and so you could give the commission possibly more comfort on how we arrived at the purchase price, if you could go into the number of customers they have and the system and a little background, if you would, please.
MR. BROSSARD: Yes, Dick Brossard, Public Works Department. First off, I guess we're anxious to see the water distribution system in this area reconstructed when we do the remainder of the neighborhood improvement projects that are currently scheduled to begin next year. Altogether, if the water distribution system is rebuilt, the total of those expenditures is going to approach for the neighborhood improvement project $50,000,000. So, the matter of acquiring this service area for potable water, it's been under discussion for quite some time.
We had initially talked with the company about funding the replacement of the water distribution system, and it was very clear they didn't have the ability, the financial ability, to do that. Our initial offer, to the Broadview Park Water Utility in terms of the purchase price was based on an assumption that we would have to or charge the rates that we charge the remainder of our OES customers.
As negotiations proceed and through last June there was actually a direction at a county commission meeting to proceed to try to negotiate the purchase or take other steps as necessary. We shifted our thinking, and if you look at motion D in here, we're actually suggesting that in order to make this work at a purchase price of $800,000, the existing rate structure that's in place that's approved by the Public Service Commission would continue at least for ten years to underwrite this purchase cost. So, it's a different approach than what we initially started with.
But I think just finally, we aren't really buying the company itself.
(COMMISSIONER PARRISH RETURNED TO THE ROOM.)
MR. BROSSARD: We're, in our terminology, acquiring a water service area, and that is not something that we or other local governments would normally obtain an appraisal for. We looked at the financials and did our own projections based on our means of operating and providing water and sewer service, and in this acquisition, we're not assuming any debt. The payment is made to acquire that water service area, and any debts that are outstanding that are owed by this water utility are their responsibility and we're not going to have any exposure to that at all.
MAYOR LIEBERMAN: Okay. Are you finished, Commissioner? Could I just ask Mr. Brossard a question?
COMMISSIONER RODSTROM: Yeah, but as far as the Fort Lauderdale -- I'm trying to find out in the contract, but the Fort Lauderdale issue is being resolved.
MR. BROSSARD: Yes. Yes, it is, and that's not a fine. That's actually -- the utility has been buying treated water from -- initially it was Fort Lauderdale. Now it's the City of Plantation, and they were in arrears, the utility company was in arrears in making payments for that potable water for the City of Fort Lauderdale. That's either been taken care of or will be taken care of.
COMMISSIONER RODSTROM: And that was about $150,000?
MR. BROSSARD: Yes. Yes.
COMMISSIONER RODSTROM: So just off the bat, the owner is walking away at best case scenario with $650,000.
COMMISSIONER PARRISH: No.
MR. BROSSARD: Well, I think less than that because I think there are also other --
COMMISSIONER RODSTROM: How much, Mr. Brossard, how much is the owner walking away with?
MR. BROSSARD: Well, that's difficult to say because we've looked at their annual financial report, and there is other debt, but we really have not been able to get into the detail of that, but, again, we're not acquiring the company, and we're not assuming any of that debt. That's their responsibility. We're acquiring --
COMMISSIONER RODSTROM: They have their own bills, their own debt. We're not buying the company.
COMMISSIONER PARRISH: Mayor.
MAYOR LIEBERMAN: Can I -- just for a minute. Do you have any other questions?
COMMISSIONER RODSTROM: We're getting a half acre with the building on it.
MR. BROSSARD: There's also a piece of land where the former -- I guess it's still got their corporate offices but at one time there was a water treatment plant within that platted area, Broadview Park, and we're, as part of this transaction, going to take ownership of that site, yes. It's about half an acre.
MAYOR LIEBERMAN: Mr. Brossard, can I ask you one question? It appears to me that through motion D, that the rates that we're going to be charging the residents for the sale of water are higher than what we normally charge Broward County water customers.
MR. BROSSARD: Yes, about 11 percent. That's the rate they're currently paying.
MAYOR LIEBERMAN: Okay. So the way we're making this purchase work has nothing to do with the value of the system, but we're overcharging the residents who are going to get the water above and beyond what is normally paid by Broward County water customers to be able to pay this price?
MR. BROSSARD: It's a higher rate structure, and I think the residents or the customers in this utility service area are aware of that, and as stated in the public comment, are prepared to accept it.
MAYOR LIEBERMAN: Now, I guess the problem, I need some level of comfort. It appears that the amount we're paying exceeds what the value of the system is. When you look at the age of the distribution system and the revenue -- and the projected revenue provided which county staff says is too high, did we look at eminent domain as a way of acquiring this? Did we conclude that eminent domain would be more costly than this method, Mr. Dion? Did we even look?
COMMISSIONER RODSTROM: Can I answer it? Can I just make one more statement?
MAYOR LIEBERMAN: Did anyone look at it?
COMMISSIONER RODSTROM: No, but this is relevant because you're doing the neighborhood improvement plan in that neighborhood, so the last thing you'd want to do is buy the system through condemnation three or four years from now and tear the roads up a second time.
MAYOR LIEBERMAN: You do a quick take. You take it now.
COMMISSIONER RODSTROM: That means you will delay the project of the neighborhood enhancement.
MAYOR LIEBERMAN: No, no. A quick take is the ownership transfers right away and the only remaining issue is the cost that you're paying for it.
COMMISSIONER PARRISH: May I ask --
MAYOR LIEBERMAN: So it becomes yours. The title changes upon the take.
COMMISSIONER PARRISH: Everybody look at Exhibit L, because if what you're saying, and I understand that, it says we are buying Broadview Park Water Company and BVP Holdings, LLC, for the purchase and sale of a water system. It says there are no pending nor has BPWC or BVP had any notice of action, claims, or demands for -- otherwise pertaining to any aspect of the ownership, operation, maintenance of the water system. That's not true.
MAYOR LIEBERMAN: Right.
COMMISSIONER PARRISH: See, I mean I agree with helping the residents. I mean this issue precedes me. I mean, Ms. Washburn has been here longer than me, but barely, but this issue has been going on for years and I don't mind doing it, but I just want us to do it -- because what the staff is telling us, and the way this item and the motion reads don't match.
COMMISSIONER RODSTROM: What's a water customer worth?
COMMISSIONER PARRISH: No, it's not that issue.
MAYOR LIEBERMAN: As the successor in interest when you take title to this company, you don't want to have to pay --
COMMISSIONER RODSTROM: We're not assuming the debt of the corporation. I think that was --
MAYOR LIEBERMAN: You are when you buy the assets and it says they have no liens.
COMMISSIONER RODSTROM: We're not. Mr. Hui, are we buying the corporation? We are not.
MR. HUI: We're not assuming the debt.
COMMISSIONER RODSTROM: We're not assuming the debt. We're buying the customer base and we're buying the distribution lines; is that not correct?
MR. HUI: Yes.
COMMISSIONER PARRISH: It doesn't say that.
COMMISSIONER RODSTROM: Well, that's what we're doing. Mr. Dion, is that what we're doing?
MAYOR LIEBERMAN: Calm down. Calm down.
COMMISSIONER RODSTROM: All right.
MAYOR LIEBERMAN: We have a County Attorney we pay money to. Mr. Dion.
MR. DION: We are buying the assets of this company free and clear of any and all liens.
COMMISSIONER RODSTROM: And liabilities.
MR. DION: Correct.
MAYOR LIEBERMAN: So the City of Fort Lauderdale would have no recourse against Broward County for purchasing the assets of the system.
MR. DION: That's correct.
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: Would you ask him to explain Exhibit L, why it says that.
MAYOR LIEBERMAN: Mr. Dion, Exhibit L.
MR. DION: Well, that's the standard part of an agreement, Commissioner, that they are certifying that there's nothing pending.
COMMISSIONER PARRISH: Well, it's not true. Fort Lauderdale does have a lien.
MR. DION: I don't believe that they have a lien. I believe that they have -- that they're owed money, but I have not been advised that there is a lien on any of these assets.
COMMISSIONER RODSTROM: I don't know. That would be a title search. I didn't do that.
MR. DION: Well, but part of the agreement is that we will accept title free and clear of all liens, claims, and encumbrances. So when we do that, then it will -- they will have to satisfy all of those at closing.
MAYOR LIEBERMAN: And there's no recorded lien against any of the properties?
MR. DION: Correct.
MAYOR LIEBERMAN: All right. Are there other questions on this item? Okay. We have a motion by Commissioner Rodstrom. We have -- I don't recall who seconded. Did you second, Commissioner Eggelletion, or Commissioner Scott may have seconded, because it used to be his district. Okay.
Is there any further discussion on this item?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Okay.
COMMISSIONER RODSTROM: Thank you.
AGENDA ITEM 7
MAYOR LIEBERMAN: Item Number 7 is an Ordinance of the Board of County Commissioners with respect to fireworks, is moved by Vice Mayor Jacobs. Is seconded by Commissioner Wasserman- Rubin. Is there anyone in the chambers who wishes to speak on Item Number 7? Seeing none, the public is now closed. Oh, I'm sorry. I'm just closing public.
COMMISSIONER GUNZBURGER: I know.
MAYOR LIEBERMAN: Were you going to speak on this? I saw some public. No. Okay. The public is now closed.
Commission discussion, Commissioner Gunzburger.
COMMISSIONER GUNZBURGER: As I had said when we put it up for advertising, the only thing that I felt was the pyrotechnical, I don't see any reason for it to be 30 days before New Year's. I think ten days is enough. It still makes it before Christmas as well for those that may want it for Christmas, and I think that should be enough. We do it that way at Independence Day when we certainly see enough pyrotechnical. Ten days is enough then. I'd like to change it to ten days.
MAYOR LIEBERMAN: Okay. We have an amendment to change the time to ten days. Is there a second?
VICE MAYOR JACOBS: I'll second it for purposes of discussion.
MAYOR LIEBERMAN: We have a second for purposes of discussion.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: Commissioner Parrish, you had your hand up first.
COMMISSIONER PARRISH: I don't know why we don't do 30 days before the 4th of July. If we do 30 --
VICE MAYOR JACOBS: Your microphone.
COMMISSIONER PARRISH: Oh. If we do 30 days before New Year's Eve, why wouldn't be do 30 days before the 4th of July. None of this makes sense to me. I understand Christmas tree is for 30 days, pumpkins for 30 days. Why not -- I mean they should match. It should either be ten days before the 4th of July and ten days before New Year's Eve or 30 days and 30 days, but I don't understand the logic. Maybe somebody can explain it.
COMMISSIONER GUNZBURGER: Who wrote it.
COMMISSIONER PARRISH: I mean who cares. I mean they drive to North Carolina and Georgia and get the fireworks.
MAYOR LIEBERMAN: Okay, do we have any - Mr. Dion, do we have anything, any reason why there's a difference in the two dates, Mr. Dion?
MR. DION: No, we only did this at the request of the sponsor. I don't think you can change the July 4th one today because it's not in the notice. I think you can amend the 30 days to 10 days on the New Year's day.
COMMISSIONER GUNZBURGER: That's what I have asked.
COMMISSIONER PARRISH: But you're the sponsor. You signed it.
MR. DION: I'm not -- I don't sponsor any of this stuff.
COMMISSIONER PARRISH: Well, who did it?
MR. DION: I refuse to take that responsibility.
COMMISSIONER PARRISH: Well, who decided to do this?
MAYOR LIEBERMAN: I think it came from staff.
MR. DION: It was requested by Commissioner Wasserman-Rubin.
COMMISSIONER PARRISH: Why do you care?
COMMISSIONER WASSERMAN-RUBIN: Do you hear me talking?
COMMISSIONER PARRISH: Well, then why did you request it?
COMMISSIONER SCOTT: Madam Mayor.
MAYOR LIEBERMAN: Okay, here's where we are at. All right. We have a long agenda, and I know we've had some levity, but here's where we're at. If we amend at this point, Mr. Dion said we need to roll this over for third meeting.
COMMISSIONER SCOTT: Let's just move the item like it is. I mean it's easier ten days before the 4th of July than 30 days --
COMMISSIONER PARRISH: It is ten days before the 4th of July.
COMMISSIONER SCOTT: Well, but that's the reason it's easier that time of year perhaps because it isn't the holidays. Who knows. I mean does it really matter? I'd rather move it than take the time and expense of having it come back here.
MAYOR LIEBERMAN: Right. Before I entertain your motion to call the question, I'm going to have Commissioner Wasserman-Rubin who is the sponsor. Do you have anything you want to say on this?
COMMISSIONER GUNZBURGER: Could you just explain why you had the discrepancy.
COMMISSIONER WASSERMAN-RUBIN: First of all, this came from a constituent. I ran it through Mr. Dion. I said is it something without objection let him prepare something. We were all here. I don't ever question --
COMMISSIONER PARRISH: No, but what are we fixing?
MAYOR LIEBERMAN: Excuse me, you don't have the floor.
COMMISSIONER WASSERMAN-RUBIN: It was - Mr. Dion, could you please.
MR. DION: Yes, ma'am. Currently, commissioners, there is no provision for New Year's day.
COMMISSIONER PARRISH: Correct.
MR. DION: That was a request from Commissioner Wasserman-Rubin through her constituent because it is part of their culture to celebrate New Year's day with fireworks.
COMMISSIONER WASSERMAN-RUBIN: With a bang.
MR. DION: So that was -- the intent of this was to put in New Year's day. And I think that the request was for it to be 30 days prior to New Year's day.
COMMISSIONER GUNZBURGER: Was that it, Diana?
COMMISSIONER WASSERMAN-RUBIN: That was it.
MAYOR LIEBERMAN: So we have a motion from Commissioner Scott to call the question, a second from Commissioner Eggelletion.
COMMISSIONER PARRISH: So we're making this better?
MAYOR LIEBERMAN: We have a call the question. There's no debate.
All those in favor of calling the question signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Okay. The main motion is on the floor. It is moved by Commissioner Wasserman-Rubin. Seconded by Vice Mayor Jacobs.
Any discussion?
Hearing none, all those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Item Number --
VICE MAYOR JACOBS: Madam Mayor, before we move on, if I might, not to interfere with this, but I think a good point has been made about evening them up, so at that point I think staff ought to come th back and examine the whole issue about kind of making about making 4 of July or whatever it is -
MAYOR LIEBERMAN: Consistency.
VICE MAYOR JACOBS: I don't think it's an issue but I think we should be consistent, so at that point we'll have to do a housecleaning item but not today.
COMMISSIONER PARRISH: Who cares if they sell them year round?
MAYOR LIEBERMAN: That being - you weren't recognized.
AGENDA ITEM 9
MAYOR LIEBERMAN: That being said, we're now on Item Number 9. Item Number 9 is an ordinance amending the Broward County Health Facilities Authority, is moved by Commissioner Rodstrom. Seconded by Commissioner Parrish.
COMMISSIONER SCOTT: Madam Mayor.
MAYOR LIEBERMAN: Is there anyone in the chambers here to speak on Item Number 9? Seeing none, the public is closed.
Commissioner Scott.
COMMISSIONER SCOTT: I may have a conflict on this. I want to abstain.
MAYOR LIEBERMAN: Okay.
COMMISSIONER SCOTT: On Number 9.
MAYOR LIEBERMAN: Okay. We have a motion from Commissioner Gunzburger, seconded by Commissioner Graber. Is there any discussion on Item Number 9? Show -
All those in favor signify by saying aye.
All those opposed?
Show that it passes 8 to 0 with one abstention being Commissioner Scott.
VOTE PASSES UNANIMOUSLY WITH COMMISSIONER SCOTT ABSTAINING.
AGENDA ITEM 10
MAYOR LIEBERMAN: Item Number 10 is a resolution --
COMMISSIONER PARRISH: Second.
MAYOR LIEBERMAN: -- of the Broward County Administrative Code for the Broward Cultural Council Grant Program is moved by Commissioner Gunzburger, is seconded by Commissioner Scott. Is there any discussion on this item? Is there anyone here in the chambers wishing to speak on Item Number 10? Okay. The public is now closed.
Commission, any discussion?
Hearing none, all those in favor signify by saying aye.
All those opposed.
Show that -- anybody opposed? Okay. Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 11
MAYOR LIEBERMAN: Item Number 11 is the enactment of an ordinance to have Small Scale Development Amendments four times a year, is moved by Vice Mayor Jacobs.
COMMISSIONER PARRISH: With the amendment.
MAYOR LIEBERMAN: With the amendment, as amended. It is moved by Vice Mayor Jacobs. Is seconded by Commissioner Wasserman-Rubin.
Is there anyone in the chambers here to speak on Item Number 11? The public is now closed.
COMMISSIONER PARRISH: Commissioner Scott should sponsor that.
MAYOR LIEBERMAN: Seeing none.
COMMISSIONER PARRISH: If you want to let him move it.
MAYOR LIEBERMAN: I don't think he was the sponsor.
COMMISSIONER PARRISH: He was the sponsor.
MAYOR LIEBERMAN: No, he was the sponsor of something else.
COMMISSIONER PARRISH: No, he was the sponsor on that. I went to the Planning Council on his behalf. He was the sponsor.
MAYOR LIEBERMAN: Okay. It's moved by Commissioner Scott. Seconded by Vice Mayor Jacobs.
Any discussion?
Hearing none, all those in favor signify by saying aye.
Anybody opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: It doesn't matter.
AGENDA ITEM 12
MAYOR LIEBERMAN: Item Number 12 is a Resolution of the Board of County Commissioners amending the Code regarding moving expenses and disposal of surplus tangible personal property.
Is there anybody in the chambers here to speak on Item Number 12?
COMMISSIONER PARRISH: With the amendments.
MAYOR LIEBERMAN: As amended. Public, seeing no one, public is now closed. Any discussion? Okay.
COMMISSIONER PARRISH: Yes.
MAYOR LIEBERMAN: Commissioner Gunzburger, followed by Commissioner Parrish.
COMMISSIONER GUNZBURGER: I would like to talk about in favor of making sure that once we submit this -- there's several things I need to talk about. Page 13 --
COMMISSIONER PARRISH: I think it needs to be deferred until the County Auditor's amendments are written in it because he said standards don't exist.
COMMISSIONER GUNZBURGER: Well, that may be another thing, but right now I'd like to talk about Page 13, Number 9. It says the Purchasing Director is authorized to approve and execute amendments to contracts regardless of authority. If the total amount of the amendment is -- does not exceed 50 percent. That means that if you get into an amendment that's $10,000,000, the Purchasing Director can agree to another 5,000,000 without it even being seen.
COMMISSIONER PARRISH: No, the original contract amendment.
MR. DESJARLAIS: Mayor, may be --
MAYOR LIEBERMAN: Yes, Mr. Desjarlais.
MR. DESJARLAIS: May we explain the consequences.
COMMISSIONER PARRISH: You have to do it within the contract.
VICE MAYOR JACOBS: Mr. Desjarlais.
MR. DESJARLAIS: Thank you. Mr. Allen. Please react to the Commissioner's amendment.
MR. ALLEN: Madam Vice Mayor, to the Commissioner, it would only apply to the amount of purchasing director's award authority which would be under this proposed ordinance, $250,000.
COMMISSIONER PARRISH: Then it's written poorly.
COMMISSIONER GUNZBURGER: It's not written --
MR. DESJARLAIS: Is your microphone on?
COMMISSIONER GUNZBURGER: It's not written that it says up to $250,000, which I don't know, Mr. Dion, would that make it -- would that be a better -- would that give me the assurance that we would not go over $250,000?
MR. DION: The first clause in that says that he can do that as long as it does not exceed his award authority.
COMMISSIONER GUNZBURGER: Oh, Number 6, you mean?
MR. DION: No, in Number 9.
MAYOR LIEBERMAN: All right.
Commissioner Gunzburger?
COMMISSIONER GUNZBURGER: All right.
MAYOR LIEBERMAN: Commissioner Parrish.
COMMISSIONER PARRISH: But I think she has a point because the issue is the way it's written, because: Does not exceed the Purchasing Director's award authority and the total amount of an amendment or amendments, because you need to talk about the cumulative total of the amendments, to a contract executed -- do not exceed 50 percent of the original contract award amount. Where I think she's confusing because once she said it, when you reread it, I read it like she says, which would mean, say the contract was a hundred thousand. Well, within the authority, he could exceed the contract by another 50,000, so it would make it a total of 150,000, which I think this is meant to only be the original hundred thousand. Is this meant to go --
MR. DION: No, this is another -- actually I believe is another limiting provision on the authority of the director. He has up to 250,000, period.
COMMISSIONER PARRISH: Okay.
MR. DION: So if you have a $10,000,000 contract, the most that he's ever going to be able to approve is $250,000 without it coming back to the board.
COMMISSIONER PARRISH: Yeah, but -- well, the other thing, I think that this needs to be deferred, take all of the comments by the County Auditor, amend them into this document, change the -- have the administrative regs and -- and Sue's, but take all of this, put it in together and bring the thing back to us. And I mean can it be done by next Tuesday?
MR. DESJARLAIS: No, ma'am.
COMMISSIONER PARRISH: Okay. Because it says: Standards for docking negotiation do not exist. Currently the county has no standards.
MAYOR LIEBERMAN: Commissioner Parrish, if I can. I don't think it's a problem to defer this because it would come back to us after vacation. It has taken us over a year to get this far. A year and six weeks is not going to be a big deal. The only thing I would ask is that when this comes back is we had initially this morning in our Selection/Negotiation Committee which shows us we need to still fix this ordinance a little bit.
It had to do with, there is a form that apparently is on our website for SBE and we're not sending -- when we send the RLI's out, we're not sending a copy or the RFP's, a copy of all of the forms. We send the 255 and the 256, but not the SBE form. So what happened at the meeting this morning is we discussed having -- whenever we send out an RFP or an RLI either all of the forms that we want them to fill out must be attached when we send it out so they know what to get it back to us on, because people are being disqualified because they didn't know to go to the website, or in the body of the RLI and maybe in both places truthfully, Mr. Desjarlais, it needs to say: The county has specific forms for you to use to answer the following questions. They are found at the website, www.Broward.org, but we had firms that didn't meet the SBE, not because they hadn't identified SBE partners but because they didn't know about percentages, they didn't put it on the correct form and they got unfortunately disqualified.
So when this comes back, I don't think I have any number of objectors to this, if we could have the appropriate place in the ordinance where it requires that those forms go out with the RFP's and RLI's and that in the body it states that there are specific forms to respond on and they're found on the website.
Commissioner Parrish.
COMMISSIONER PARRISH: And also we had some major companies that didn't get it correct, major companies. I would think that when we have a company that is disqualified because they didn't meet the criteria, we need to send some kind of notification to say: Dear Desjarlais plumbing company, unfortunately, you know this morning or yesterday we had to disqualify your company's proposal for the following reasons, so that companies know --
MAYOR LIEBERMAN: And they don't do it again and again.
COMMISSIONER PARRISH: Right, what our process is, because some of those are relatively big companies. I mean there was a big debate on my part because it says 18 percent or demonstrate, and the company itself was a minority company, but had not certified in Broward and then had two minority companies, but didn't but the percentage in. I mean there was just a lot of -- we need -- so that they make the mistake once. They understand what we're doing.
And the other thing that I think that we were going to bring up is we talked about the reciprocity. Both Commissioner Eggelletion and I, maybe others, were under the impression that we had reciprocity with Palm Beach County, with the state, all these things, and we don't.
MAYOR LIEBERMAN: So --
MR. DESJARLAIS: That's sort of far afield, madam.
COMMISSIONER PARRISH: But on this issue -
MAYOR LIEBERMAN: As soon as Commissioner Parrish is finished, I, under my authority as Mayor, unless there's any objectors are going to defer this item. But these are issues that need to be addressed before this comes back --
(COMMISSIONER PARRISH LEFT THE ROOM.)
MAYOR LIEBERMAN: -- because it was at this workshop which had a number of board members, we had thought that if they were certified by anyone with whom we have reciprocity, they're considered certified for our purposes, they don't have to go to the hoop again. Is there anyone else who needs to give any direction before we defer this?
Commissioner Eggelletion.
COMMISSIONER EGGELLETION: Well, I just thought, Mr. Desjarlais, you know, and since we're on this, I was going to bring it up under non-agenda items, but I thought for sure we directed the Administrator and his staff to create some reciprocity. I know y'all did it with the Hospital District and the School Board, but this morning we had a firm that was certified by every single agency, including the federal government.
(COMMISSIONER WASSERMAN-RUBIN LEFT THE ROOM.)
COMMISSIONER EGGELLETION: Federal, state, other local governments, water management district, and our SDB office said: Well, they're not a certified firm, and I'm saying: How can you be certified by everybody there is, and you can't get through Broward certification? I just have a problem with minority companies having to be certified in 67 different counties. It doesn't make sense.
MR. DESJARLAIS: Commissioner, if you'll allow me.
COMMISSIONER EGGELLETION: It's an impediment to minority procurement.
MR. DESJARLAIS: If you'll allow me, I'll find out and report back to you.
MAYOR LIEBERMAN: I'm sorry, Mr. Desjarlais.
MR. DESJARLAIS: No, if you'll just allow me to figure that out for you and I'll report back.
MAYOR LIEBERMAN: We will do that.
MR. DESJARLAIS: Thank you.
MAYOR LIEBERMAN: Okay. Without objection.
Mr. Lukic.
MR. LUKIC: Just a point of clarification about my recommendations. Only the first recommendation only related to amending the procurement code. The other things were what we believed the administration could handle it administratively.
MAYOR LIEBERMAN: I don't believe you've changed that by today's action, but the problem is that in the meeting this morning those of us who were on that Selection and Negotiation Committee found that there were still some additional problems, so we need those addressed as well. Okay. Is there anyone else who needs desperately to say something on Item Number 12?
VICE MAYOR JACOBS: Yes, desperately.
MAYOR LIEBERMAN: Go ahead.
VICE MAYOR JACOBS: And just one comment, and that is while we have the comments of the auditor, I don't have anything back from administration. So when this issue does come back, if administration could respond to those issues raised by the auditor.
MR. DESJARLAIS: Yes, ma'am.
VICE MAYOR JACOBS: So I understand whether you agree or disagree with his findings and the reasons why.
MR. DESJARLAIS: Okay. He happy to do that.
MAYOR LIEBERMAN: Okay. Thank you. Then without objection, Item Number 12 is deferred to -- Mr. Dion, do I need to defer to a time specific or will it have to be re-advertised anyway?.
MR. DION: We're going to have to re-advertise it if we're changing the title, which I think we're probably going to be doing.
MAYOR LIEBERMAN: Okay. So you don't want me to defer until August 10th in the case we're not changing the title?
MR. DION: Just defer it until we bring it back.
MAYOR LIEBERMAN: Okay. Item Number 12 is deferred until it's ready, until it's cooked and ready to come back. Okay.
AGENDA ITEM 13
MAYOR LIEBERMAN: Item Number 13 is the continuation of a public hearing from May 11th. And it's a motion regarding taxi meter rates. We have approximately ten speakers. Each speaker will have two minutes.
(COMMISSIONER RODSTROM LEFT THE ROOM.)
MAYOR LIEBERMAN: When we call your name, what we ask that you do is, is you move to the front of our chambers, in the front row. You need to start by giving us your name and your address when you speak. We want to tell you that just because we've given two minutes, you don't have to feel compelled to use it all, or if someone has said something that you were planning on saying, it's okay to say: I agree, without using the two minutes.
So with that, our first speaker is Jerome Schlossberg, followed by Randy Smith, followed by Leon Menelas, it looks like, followed by Mitchell Klieman, if you'll all move to the front row, and, Mr. Schlossberg, you're the first speaker.
MR. SCHLOSSBERG: Right. I would like to give this to the commissioners. This is general information. I was ill, ill health problem.
MAYOR LIEBERMAN: Your name and your address.
MR. SCHLOSSBERG: Jerome Schlosberg, 878 Northeast 160 Terrace, North Miami Beach, Florida. What I'd like to say is I don't even know what your rate recommendation is. I never saw it. What I will do is put my recommendation into you now. The drop fare should be 2.50. It should be 2.20 a mile and $12 minimum -- $12 an hour, excuse me. These are my recommendations on the rates.
All I can say is we're overdue because of the gas. You know that. Every driver has taken it in Broward County very hard as far as the gas. And there ought to be some sort of situation where you can reevaluate the gas surcharge. These things that I gave you is all over from the country that -- showing that they're making changes because of the gases -- the gas, and the drivers need a decent living. And these are my personal recommendations for an increase on the rates in Dade County -- I mean in Broward County. Dade County is 2.20 a mile. The drop is a little less, but also there is more business there, so -- and if you notice in New York --
MAYOR LIEBERMAN: Thank you.
MR. SCHLOSSBERG: New York has a rate in there too.
MAYOR LIEBERMAN: Thank you. Okay.
We have Mr. Smith, Mr. Menelas. Is Mr. Smith here?
MR. SMITH: Yes, right here.
MAYOR LIEBERMAN: Followed by Mr. Klieman and it looks like Mr. Murphy.
(COMMISSIONER WASSERMAN-RUBIN RETURNED TO THE ROOM.)
MR. SMITH: Hi, I'd like to pass this information to the Commission.
MAYOR LIEBERMAN: All right. State your name and address.
MR. SMITH: My name is Randy Smith. At 10325 Northwest 11th Street, Pembroke Pines, and we have a spokesman here, Dan, and we want to bring him to the podium so that he can explain the information that you guys just received.
MAYOR LIEBERMAN: No, I'm sorry, here's how it works.
(COMMISSIONER PARRISH RETURNED TO THE ROOM.)
MR. SMITH: Okay.
MAYOR LIEBERMAN: I apologize, Mr. Smith. You have signed in so you can speak. If there's another gentleman who needs to speak, he needs to sign in, but you can't give your time to somebody else.
MR. SMITH: We can't defer time?
UNIDENTIFIED SPEAKER: (Inaudible.)
MAYOR LIEBERMAN: Okay. So he can't do that. We do not permit you to defer the time. The gentleman when he gets up to speak will have the same two minutes every other speaker gets. You cannot abrogate time to another speaker.
MR. SMITH: Okay. That's fine.
MAYOR LIEBERMAN: Is there anything that you wish --
MR. SMITH: Then I will have something to say.
MAYOR LIEBERMAN: Okay, go ahead.
MR. SMITH: I think that it's very important that you have cab drivers who are supposed to be the ambassador for the city to be in good spirits when they pick people up from the airport.
(MAYOR LIEBERMAN LEFT THE ROOM.)
MR. SMITH: If you've got cab drivers who are very frustrated, can't pay their rent, you know, can't pay the other bills, you've got a very frustrated cab driver and it's going to make for a terrible ambassador.
So, you know, this is one of the issues I want you guys to consider, you know, when you consider the issue about the rate increase. You know, I think it's a very good idea that, you know, you have cab drivers, you know, who are able to allow themselves to be in the good state of mind when they are receiving passengers for the City of Broward, for the County of Broward, so that's my position.
VICE MAYOR JACOBS: Thank you very much. Next we have Leon Menelas. Did I pronounce - I know I am mangling it. I apologize.
MR. MENELAS: My name is Leon Menelas.
VICE MAYOR JACOBS: Thank you. You'll have two minutes.
MR. MENELAS: I'd live in Broward, 940 Northwest 9th Avenue, Pompano Beach. My mailing address is 1300 Sharsha Boulevard, Opa-Locka, Florida. Today I'm coming to speak to you about the increase of our fare. The gasoline prices are going up. Everybody knows this. It's over $2 already. And where I have a problem is, Miami already make this fare -- increase this fare. They don't have any problem.
I'm asking the commission to follow the Miami footsteps so that we won't have this problem coming in here and begging you to bring the price up.
(COMMISSIONERS GUNZBURGER AND GRABER LEFT THE ROOM.)
MR. MENALAS: And, furthermore, as you know, property values is going up. Everything is going up. Nothing is going down. So we need this increase like yesterday. So that mean we need it right now badly, and we need to --
VICE MAYOR JACOBS: Excuse me, we don't allow outbursts like this. Excuse me, sir. I'll ask you to refrain from these types of outbursts. Whether you agree with the current speaker or disagree, we ask that you offer the same courtesy to each speaker that you would want to have yourself. Please proceed, sir.
(MAYOR LIEBERMAN RETURNED TO THE ROOM.)
MR. MENELAS: The reason why they did that is because everybody is coming at this meeting today are in need for the increase now, not tomorrow, not day after. They need it like yesterday, like I said. Thank you very much. Bye-bye.
VICE MAYOR JACOBS: You're welcome, sir.
Next up, Mitchell Klieman.
MR. KLIEMAN: Good afternoon, Mitchell J. Klieman, 16950 West Dixie Highway, Apartment 439, North Miami Beach, Florida, 33160. However, I do work at Friendly Checker Taxi based in Broward County.
There's a number of costs and expenses that are going up for us. A, gas expenses of course are still hovering at $2 a gallon. If you look at the Sun-Sentinel just last week, it's commonly known that our cost of living expenses are all going up. That's an increase that everybody is feeling right now.
And also on the horizon is, due to a rise of insurance liability from $100,000 to $300,000, we may see our taxi nut that we pay per week also rise as well. So we're looking at three different hard hitting expenses, and we're asking for a cost of living increase, which should absolutely be equal to Miami, which is $1.75 drop -- excuse me, $1.70 drop and 2.20 a mile. In fact, the most important is that 2.20 a mile because if you simply give us a 50 cent increase per ride, after ten rides, that's only $5 a day more, whereas the ten percent more from $2 and 2.20 will be $20 a day which will really help us offset the gas prices. Which most of us pay about $30 a day for gas prices.
And contrary to popular belief, most of the cab drivers I know and I can speak for myself, are excellent customer service representatives who bring tourists and business people to their destinations so they can spend money in Broward County. So, please, give us our raise. We earned it. We deserve it.
VICE MAYOR JACOBS: Thank you.
(Applause.)
MAYOR LIEBERMAN: Excuse me. I need to ask you to follow the rules of our chambers. I know that very often when people come here, there are very strong feelings on one side or the another. In the rules of our chambers there's no applause, there's no catcalls, there's no yelling from the audience. We ask that you please follow that and give everybody the same courtesy. I don't want to have to ask people to leave the chambers, but we really need to ask that you follow those rules.
Also we have been open for people to sign up for public, if they wanted to speak on the 2:00 p.m. agenda since about 1:30 this afternoon. It's now 4:15, so if you're going to speak on any other item on our 2:00 p.m. agenda, you have about another five minutes to sign in. After that sign-in, we'll be closed.
On Item Number 13, I next have it looks like Mr. Murphy who lives in Lauderhill. I have a hard time reading the handwriting at 5320 Northwest 11th Street. Is there a Mr. Murphy? No? Okay. Paula Logan. Go ahead.
th MS. LOGAN: Good afternoon, Paula Logan, 1820 Southwest 95 Terrace, Miramar. I came before you today in hopes that you would lead in raising the taxi rates. We follow every other year or two years, we follow Miami. We need to start leading. We need to keep up with the times. I have four children. Many of you have met these children. They are not cheap. Their upkeep is very costly.
This is the first year my kids could not go to summer camp. I'm looking at school starting early in August. I am not going to be able to outfit four children with shoes, backpacks, school supplies, and uniforms this year. They go to public school. This has hit me very, very hard, privately in my own home and with my family, but what also concerns me is I own taxis. I own two taxis, and I'm lucky enough that my husband is a mechanic so he helps to incur the cost of repairing my taxis.
Since 2000, the increase for parts, tires, necessary items for taxis has increased 40 percent. Forty percent for brakes. Can't buy used brakes. I can't buy used tires. I can't buy used oil. I can't go to Goodwill for any of these things.
(COMMISSIONER GUNZBURGER RETURNED TO THE ROOM.)
MS. LOGAN: I must buy new. Some of them from the dealer. For the safety of your Broward County residents which travel in my taxi, also for my personal safety because I'm a mother with four children, I upkeep my cars --
(COMMISSIONER RODSTROM RETURNED TO THE ROOM.)
MS. LOGAN: - at my own expense often digging into bank accounts of savings to cover these costs.
(COMMISSIONER GRABER RETURNED TO THE ROOM.)
MS. LOGAN: Thank you. I hope that you will help not just me and my family, but everybody.
MAYOR LIEBERMAN: Thank you.
COMMISSIONER GUNZBURGER: Mayor, I'm going to do something unusual. I listened to you when I was out of the room. We hear you even if we're not here. If you will please contact me in my office, we have a way that we can help you with your children getting ready for school. There is a program at Broward County.
MS. LOGAN: I do understand that but that's called charity and I work hard and I should be able to support my family.
COMMISSIONER GUNZBURGER: I understand that, but I want you to know that we can't help you.
MAYOR LIEBERMAN: I met Ms. Logan - Ms. Logan?
MS. LOGAN: Yes.
MAYOR LIEBERMAN: I met Ms. Logan when I was at the City of Miramar for their Miramar parade. I met all of their children who I think one is a Mr. Miramar and Miss Miramar. I noticed you signed them in to speak. We don't do that but if you'd like to quickly bring them up and introduce them by name, we would do that.
MS. LOGAN: These are my high upkeep items. The highest upkeep left the room with a headache, the 18-year-old that wants the car and the apartment. This is my son, my daughter, my son, Byron, my daughter Natasha and my other son Benjamin. They need haircuts. They need clothes. They need to be in summer camp.
MAYOR LIEBERMAN: We understand you and we hear you. We welcome you and your children to our meeting. It's good to see you all again. Bye.
I have one more time. I'm going to call this person. I honestly cannot read your handwriting. I apologize. th It looks like Mr. Murphy. You live at 5320 Northwest 11 Street in Lauderhill. I'm not going to call the name again. If you're here, this is your chance. Okay.
Daniel McCarthy, followed by Randall Stack, followed by Barry Barak, followed by Don Frederick, who is the last speaker. Are you Mr. McCarthy?
MR. MCCARTHY: Yes. Madam Mayor, Commissioners, my name is Daniel McCarthy from 2741 North Pine Island Road in Sunrise, Florida.
And I have taken the liberty of going back on some research, all the way back to 1986. I've supplied it to you people here, and also on the taxi cab rates. Your remuneration since 1986, 18 years, has gone up 110 percent. The county manager's has gone up 156 percent. The cab rates have only gone up 27 percent in 18 years, 27.85 percent, while the consumer price index has gone up 74 percent.
(COMMISSIONER EGGELLETION LEFT THE ROOM.)
MR. MCCARTHY: Basically we pay ten times the amount of gas tax as the ordinary driver, and you take that gas tax and you subsidize Tri-Rail, you subsidize county buses, you subsidize Village Car service, community bus services, and basically what we're doing is paying to compete with ourselves. You cap our income while our expenses keep jumping and jumping and jumping.
And the worst of all is the permit scalping that's going on. These people that pay $200 a year for permit and charge us $5,200 a year. I've shown you where, over a period of two weeks, my night driver and myself average $4.17 an hour straight time. That's not minimum wage. And your increase will only bring us up to $4.51 an hour for one of the most dangerous jobs in the world. I give you the two car jackings in Hialeah yesterday. $4.51, it's an insult. It will cost us a month's income just to change our meters.
MAYOR LIEBERMAN: Thank you. I have Randall Stack, Barry Barak, and Don Frederick is the last speaker. Is Mr. Stack here?
MR. STARK: My name is Randall Stark.
MAYOR LIEBERMAN: Sorry.
MR. STARK: 2033 Dewey Street, Apartment A, Hollywood, Florida. I guess that would be Commissioner Gunzburger. Hello. I apologize for my dress. I didn't really expect to speak today. I'm here on behalf of Friendly Checker Taxi. I'm one of the many drivers that are here. We're asking for a rate increase. However, the rate increase that was proposed was a little bit low. Just to show you an example, in Dade County, they start at 3.70 the first mile, 2.20 each additional mile, 35 cents waiting time. As everybody has mentioned before, gas prices have gone up. The price to buy a car has gone up. Repair costs have gone up. Everything has gone up around us and the taxi prices need to come up also just to make ends meet. Thank you.
MAYOR LIEBERMAN: Thank you.
Mr. Barak.
MR. BARAK: Barry Barak, Friendly Checker Taxi. I appreciate your time. I'm very moved to hear all those drivers that are asking and begging for meter rate increase. We were here on April 13 and we spoke to you, and some of you commissioners talked to us and said: You realize what you're paying for filling up a gas tank which you fill up probably once a week, maybe once every two weeks. We need to fill up a gas tank everyday and we need help right now, not next month, not two months. We've already been waiting for two months to make a decision.
And I sent you a letter in explaining hut we need to do here at minimum is be equal to Dade County. We're right now, if you make the study, we are the lowest of any metropolitan city in the country with the meter rate. Now every county, every state they're talking about giving them an increase. Dade County talking about giving an increase. What we're asking, begging is give us what Dade County has, and we need it right now. We're hurting. People not making money. The tourists, they're not coming as they used to come here, and work is tough. We have to -- the insurance increase, the meters increase. We need you to act and we need you to act now and we beg you to move on this here.
Give us at least -- I simplify it so you can understand. I understand you have thousands of different subjects to discuss. I simplified it. You can tell staff how about the rate of Dade County. Very simple. They made the study. Now they can do another study to give them gas tax increase. So what I'm asking you, I beg you, act now, and work on it now because we need your help now. Thank you very much.
MAYOR LIEBERMAN: Thank you. Don Frederick.
MR. FREDERICK: I'm Don Frederick, 4721 Northwest 12th Street, Lauderhill, 30-year resident. Ilene, I knew you when you were that tall (indicating).
MAYOR LIEBERMAN: I'm still that tall.
MR. FREDERICK: I've owned cabs for 20, 21 years, 22 years. I'm charging the same rate for the car now that I did 20 years ago, and I know none of you are still working for the same money you received 20 years ago. I'm getting out of the business. It doesn't matter to me, but I've got drivers out there that I have to give money each week just to pay the bills and forget paying the nut, because I've got no money left. I mean it's ridiculous the rates they're charging. I don't know why we're even here asking. We should be demanding, but I'm being nice. We need to do something.
COMMISSIONER PARRISH: (Inaudible.)
MR. FREDERICK: I know that, and I'm sure if Jesse were here, we'd have a bigger meeting and bigger turnout, but Jesse ain't, Ms. Parrish.
MAYOR LIEBERMAN: Mr. Fredericks, you have the floor.
MR. FREDERICK: Okay. Just to basically end it up, I just want to say: Look, we need an increase. You know we need an increase. Everybody in this building knows we need an increase. Give us our increase. Thank you.
MAYOR LIEBERMAN: Thank you. Okay.
This completes public, and the public hearing is now closed. Is -- does any commissioner have any comments?
Commissioner Graber, any discussion?
COMMISSIONER GRABER: Just a comment to our staff. You know, the worst thing is the problem you see when you regulate an industry rather than let it free flow in the economy. Palm Beach doesn't regulate their rates. Why do we have to regulate these rates? Why can't we just let it free flow in the market? Is there someone on the staff who can answer that question?
MAYOR LIEBERMAN: Mr. Hernandez, with your permission, could we please have -
COMMISSIONER GRABER: As he comes up here, my commentary is even if we raise rates, that may reduce ridership as it gets more expensive to take cabs, and I understand how everyone feels, there's no guarantee anyone is going to take a cab ride if it gets too expensive, we've so skewed the market that we don't know what's going to happen so, Mona, could you put some light on that for me.
MS. FANDEL: Your question was Dade County, I mean Palm Beach County -
COMMISSIONER GRABER: Why don't we just deregulate the rates? Why do we have to regulate the rates at all. Palm Beach doesn't regulate them so why should we have -
MS. FANDEL: They're set by each cab company but basically they have followed Broward County's rates. It's only yesterday when we called that we found that some of them have raised their rates to our proposed rates and some of them have kept it at the Broward rate. So that even though they don't regulate them, they still looking to the counties that do regulate them.
COMMISSIONER GRABER: What's the logic to our regulating rates? Why don't the market handle the supply and demand? Why do we have to regulate it?
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
MS. FANDEL: Well, I think people are used to meters and they want to know how much the cost of the cab is and they want to know what it is and they want to know what the total cost is. Most of the complaints that we do get are for differences in prices, when the meter isn't on or when people do not have the total price.
COMMISSIONER GRABER: So couldn't we just require that the price be negotiated prior to getting in the cab, in other words, rather than have meters and rates?
MS. FANDEL: You mean each person should negotiate how much they're willing to pay?
COMMISSIONER GRABER: That's what they do in some places.
MAYOR LIEBERMAN: That's what they do in Washington.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: The only person who has the floor is Commissioner Graber.
COMMISSIONER GRABER: These are legitimate questions.
MS. FANDEL: Excuse me?
COMMISSIONER GRABER: And if we do raise the rates, how do we know ridership is not going to go down. Do we follow that?
MS. FANDEL: No.
COMMISSIONER GRABER: I know people that are getting rides from everyone. They're getting friends. Businesses are starting to develop out there. Gypsy cabs are out there because as the rates get higher, people don't want to spend that money.
MS. FANDEL: We do go after those businesses, the ones not licensed with us. We do follow that up.
COMMISSIONER GRABER: But you are not going to catch everyone. Why should we regulate these rates? Why shouldn't we just deregulate them and let the market flow, give me a good reason other than people don't like it and they want to know what their rates are. I don't think we have a good reason.
MR. DESJARLAIS: Commissioner, that would be just a policy call for the board.
COMMISSIONER GRABER: Okay. Thank you.
MAYOR LIEBERMAN: Okay.
Commissioner Parrish.
COMMISSIONER PARRISH: Supposedly I was told because I said the same thing when I got here, you know, why are we doing this, because Consumer Affairs, if you're regulating something, to me there has to be some benefit; there's a rational nexus to protect the consumer. I was told at that time that if we didn't regulate them that there could be vehicles that were unsafe, you know, that there could be -- they wouldn't have the necessary insurance or the vehicle wouldn't have the appropriate tires or all those kinds of things or clean enough and that that's why and the money that they paid would generate the money it costs consumer protection to inspect the vehicles. Okay.
I'm now beginning to think it's a for-profit kind of thing. And I don't know, Ms. Fandel, do we generate more money from the sale of the chips or the numbers or the permits than we pay to oversee to make sure the cabs are safe and have tires and --
MS. FANDEL: We go out constantly every single day --
COMMISSIONER PARRISH: But the question is, the question is: Do we generate more money in revenue from the raffling of a permit than -- and the license and all that than it costs us to inspect to make sure that the vehicles are safe and have insurance.
MS. FANDEL: I don't think so because we have a whole consumer protection.
COMMISSIONER PARRISH: No, I'm just talking about - see it's supposed to be like the building departments. I think Commissioner Graber may have a point. The building departments were not supposed to generate revenues for counties and cities. They were supposed to be consumer protection, so you would get inspection so you wouldn't have an unlicensed or unscrupulous contractor who would do certain things to your business or homes so you paid a permit fee for the inspection. The cabs and all that was the same thing. But I now think or have an impression, as does Commissioner Graber, that we are using that money that is generated by the cabs for other purposes to fund the department.
MS. FANDEL: No. We have set consumer relation analysts who work on the taxi complaints and the limousine complaints. We have the secretaries who take a great deal of time doing all of the paperwork. I have five inspectors who go out preliminarily on the taxis and limousine. I have the auto repair inspectors who help on those inspections.
COMMISSIONER PARRISH: Do we ever penalize anybody and tell them they don't have insurance?
MS. FANDEL: Yes, we do constantly. We have two hearings a month that we pay a hearing officer to do enforcement. We have gone to court and have people enjoined from operating.
COMMISSIONER PARRISH: Are Palm Beach cabs less safe than ours?
MS. FANDEL: I don't know.
MAYOR LIEBERMAN: Okay. Are you finished?
COMMISSIONER PARRISH: That's fine.
MAYOR LIEBERMAN: I have two questions, Ms. Fandel. I think Commissioner Graber is right on the direction he's moving. You could regulate the industry without regulating rates. They're not mutually dependent upon each other. There's one public policy for making sure that the cabs are clean, that they're not in need of major repairs, they're well maintained because very often when people are coming to the port or to the airport, they're going to use a taxi as their way of getting to their destination in Broward County. That being said, that doesn't necessarily mean that we have to set rates, and you could have the market --
COMMISSIONER PARRISH: No, but --
MAYOR LIEBERMAN: Wait. You could have the market regulate the rates -- I'll put you down. And each company would decide what it wants to charge. So, I don't know if your division has considered that, because I hear your argument as to why we would regulate the industry, and I agree with you as to why we would regulate the industry, because we'd be on the receiving end also of a complaint if a cab is not clean or the driver wasn't courteous or the vehicle needed repairs or the air conditioning didn't work. That being said, I don't find a connection to the rates.
And then the second thing is, we were given a letter from Friendly Checker that says Dade County's rates are 3.70 for the first mile and additional miles are 2.20 per mile. You're recommending 2.75, and additional miles are $2 per mile, and I don't know if you've considered just making parity with Dade County. Somehow if Palm Beach County is able not to regulate rates and they still are able to maintain regulation of the industry, clearly we could do the same. So the question I'd ask is: Have you look at that? And then secondly, what about the parity issue?
MS. FANDEL: We haven't looked at not regulating rates. I mean Broward County has regulated rates as far back as I know since 1981. And as far as the parity, we looked at the CSI and we looked that it was only a three percent increase when we first brought this in April. Now because of the rate of the gasoline, the rate has gone up to six percent, but that does take into consideration the higher cost of gasoline. So we --
MAYOR LIEBERMAN: Is there anything you've heard today that would change your opinion? I know I had sticker shock yesterday when I went to put gas in my car at I think it was 2.20, it was 2.27 a gallon.
MS. FANDEL: Well, we have been following the gasoline prices obviously and from what we know that the gasoline, hopefully, will be going down to maybe about $2. It's not as high as it was.
MAYOR LIEBERMAN: Again, remember the rules of our chambers. I ask that you observe them. How often do you -- you only visit the rate issue once a year?
MS. FANDEL: We do it every two years, and then the commission has the ability to bring it back if an emergency or a special circumstance, you could bring it anytime before the two years.
MAYOR LIEBERMAN: If we adopted the rate today, there's nothing precluding us from bringing it back in three months, six months.
MS. FANDEL: If there's some kind of emergency or a special issue that you deem you want this issue revisited.
MAYOR LIEBERMAN: I have Vice Mayor Jacobs, followed by Commissioner Diana Wasserman- Rubin, followed by Commissioner Gunzburger, followed by Commissioner Rodstrom, followed by Commissioner Eggelletion.
VICE MAYOR JACOBS: My question was just answered.
MAYOR LIEBERMAN: I'm sorry.
VICE MAYOR JACOBS: That's okay.
MAYOR LIEBERMAN: Commissioner Wasserman-Rubin.
COMMISSIONER WASSERMAN-RUBIN: The Mayor asked a question about bringing parity with Dade County, and would you mind, Mayor -- would you mind, through the Mayor, Mr. Desjarlais, if I can ask a question.
MR. DESJARLAIS: Ms. Fandel.
MS. FANDEL: Parity with Dade County and when we look at the rates, what we're directed to do is to look at the CSI which is the increase of the -- the increase of gasoline prices and other costs of transportation, and it was a three percent raise when we started this, and it was now a six percent for the price of gasoline, and we still think that that's a fair increase. In addition, Dade County, for their permits for those people who buy them, and it's only directed to the cab drivers, it's a $15,000 purchase of the permit. Ours, if you win, is only $1,000.
COMMISSIONER WASSERMAN-RUBIN: So the difference -- there's a difference in the manner in which they do it in Miami-Dade?
MS. FANDEL: Yes. Their permits -- I think they've just gone up to $25,000 if I'm not sure. But they're much more expensive than ours.
COMMISSIONER WASSERMAN-RUBIN: I'm going to offer a motion, if I may, please, and let's see if it goes, that we raise the fee to be with parity with Dade County.
MAYOR LIEBERMAN: Okay. We have a motion, -- an amendment by Commissioner Wasserman-Rubin to increase the rates to parity with Miami-Dade County. Is there a second?
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: Is there a second?
COMMISSIONER EGGELLETION: I'll second it.
MAYOR LIEBERMAN: We have a second by Commissioner Eggelletion. Okay. Do you have anything else, Commissioner?
COMMISSIONER WASSERMAN-RUBIN: No.
MAYOR LIEBERMAN: Okay. Next on the queue would be Commissioner Gunzburger.
COMMISSIONER GUNZBURGER: Thank you. Palm Beach, we have parity with Palm Beach. South Palm Beach meets our new rates, you know, and, in fact, some of it only meets our current rates, so it means that -- I really think that we've reached a compromise with these rates, and I'm speaking against the amendment, and I'll tell you why: Many times, other than -- we have a picture of tourists with lots of money coming in using the taxi cabs, but there are also a lot of people who can't afford a car, do not necessarily use our paratransit for a number of reasons, one of which is there are problems at times, not always, and they are the ones that also use taxi cabs. And for them, I'm wondering what sort of an imposition it would be if we raised the rates so dramatically that they can't afford to use taxi cabs. I'm talking about those who are too old to drive, those who -- and should not be driving. You know, they would not necessarily be eligible for paratransit, but they have no business driving a car. These people also use taxi cabs on a regular basis, and what are we also doing to them? I want to make sure they make a living and a decent living, but I don't want to hurt the residents that need to use taxi cabs on a regular basis.
VICE MAYOR JACOBS: Commissioner Gunzburger, are you moving the item?
COMMISSIONER GUNZBURGER: I'll move the item.
VICE MAYOR JACOBS: I'll second it.
MAYOR LIEBERMAN: Our next speaker is Commissioner Rodstrom.
COMMISSIONER RODSTROM: I was in a cab yesterday, and the cab driver was complaining to me about -- that he only had five fares a day, and you know, it comes back to having too many licenses out there. If a guy can only get five trips a day, it doesn't matter what you're charging, they can't make any money. You know, I mean -- and I'm trying to think of what we can do to alleviate that. Maybe we have licenses that only are operative at certain times of the year, but you know it comes back to you want to deregulate the rates, deregulate the whole damn thing -- darn thing, excuse me for getting carried away. But I mean, you know, the problem is we have so many licenses out there these guys can't make a living so you know -
COMMISSIONER PARRISH: They want us to do --
MAYOR LIEBERMAN: Excuse me.
COMMISSIONER RODSTROM: Here's what - but, you know the problem is that we only regulate a portion of this. You know, in other places, because I was wondering why are we so doggone expensive comparatively like to New York City where you hail a cab, but that's the deal. You hail a cab in New York City. Here, Fort Lauderdale, you are not allowed by law to hail a cab. You have to.
COMMISSIONER GUNZBURGER: Or Hollywood.
COMMISSIONER RODSTROM: You have to go -- so we have regulation on top of regulation. That's the problem. I'd like to deregulate the whole thing, but that doesn't mean it gets deregulated. That's the problem. So I really think you have to step back and say, you know, we sort of have our hands tied until such time as we could unregulate it all or have more cooperation with the other governmental entities. Until we do, we're not really able to do what we want to do.
MAYOR LIEBERMAN: Okay. Commissioner Parrish to close. I'm sorry, Commissioner Eggelletion.
COMMISSIONER PARRISH: I mean I have no idea, Dade County, Miami-Dade's rate is calculated on an eleventh of a mile and the staff is proposing one eighth of a mile. I don't know how much it cost to calibrate, I guess, the meter machine. Can they do it in elevenths or eighths or is that kind of a routine thing? I have no idea. Just routine? Ninety dollars?
MAYOR LIEBERMAN: Commissioner Parrish, is there someone you want to call to ask that question?
COMMISSIONER PARRISH: I don't know who knows the answer. Everybody is -- okay. The gentleman -- that gentleman.
MAYOR LIEBERMAN: Come up to the mike, identify yourself, please, and give the answer to the question.
MR. MCCARTHY: I was just down at Miami Meter two weeks ago.
COMMISSIONER RODSTROM: Who are you?
MR. MCCARTHY: My name is Daniel McCarthy.
MAYOR LIEBERMAN: And what business are you with.
COMMISSIONER RODSTROM: You're speaking about how you fix the meter. What qualifications --
MAYOR LIEBERMAN: Excuse me, I'm running the meeting.
COMMISSIONER RODSTROM: Okay, but I'd like to know.
MAYOR LIEBERMAN: I just said, could you identify your business.
MR. MCCARTHY: I have 2890, about 22,000 cab drivers.
COMMISSIONER PARRISH: Well, are you a lawyer are what are you?
MAYOR LIEBERMAN: Excuse me. Do you own --
MR. MCCARTHY: I'm a taxi cab driver.
COMMISSIONER RODSTROM: And how do you know what it costs to regulate a meter?
MR. MCCARTHY: Because I was just down at Miami Meter two weeks ago to have my meter zeroed out and checked out and I saw the prices on the walls. It's $90 for a rate increase, and they can do it by tenths of a mile, eighths of a mile, elevenths of a mile, ninths of a mile.
MAYOR LIEBERMAN: Right, okay. Thank you very much.
Mr. Desjarlais, can you ask Ms. Fandel if she can come forward.
MR. DESJARLAIS: Ms. Fandel.
MAYOR LIEBERMAN: Do you know the answer to Commissioner Parrish's question?
MS. FANDEL: No, I don't know how much it costs to regulate.
COMMISSIONER PARRISH: They all say about the same thing. They're all going yeah.
MAYOR LIEBERMAN: Mr. Barak.
MR. BARAK My name is Barry Barak, Friendly Checker Taxi. Today its not the old meter. Today it's digital. You can computerize it to anything you want. So I give you the paper simplified. You want to do it as Dade County, do it as Dade County. You want to come three months later and work on it, that's fine. I would like you to know, with your permission -
COMMISSIONER PARRISH: Does -- he's not answering my question.
MR. BARAK: I'm answering you.
COMMISSIONER PARRISH: Barry, the question is: Do cab drivers do it themselves or do they take it --
MR. BARAK: No, no, you have to go to a licensed meter man, adjuster that he comes, he has a computer. He has the gadgets to do it. They have to go to him. They cannot do it themselves.
COMMISSIONER RODSTROM: Do you get a discount in bulk?
MR. BARAK: Well, I think they charge like $10 to recalibrate the meter, something like that.
COMMISSIONER RODSTROM: Ten dollars.
COMMISSIONER PARRISH: The other guy says 90.
MAYOR LIEBERMAN: You've not been recognized.
COMMISSIONER PARRISH: So it's not a big deal. Well, then can I ask -
MAYOR LIEBERMAN: Okay. Thank you.
COMMISSIONER PARRISH: My final question is from the staff, for Ms. Fandel, if I were to go five miles on a Dade County rate or five miles on your proposed rate, what's the cost?
MS. FANDEL: Okay. I think it's attached to the --
COMMISSIONER GUNZBURGER: It's attached.
MS. FANDEL: On the rate review, Exhibit Number 4.
COMMISSIONER PARRISH: Oh, six miles would be 14.70, and proposed would be 13.25.
MS. FANDEL: 13.25. You have all the different rates there.
MAYOR LIEBERMAN: Okay. Thank you.
Commissioner Eggelletion.
COMMISSIONER EGGELLETION: Well --
COMMISSIONER PARRISH: I agree with our proposal.
COMMISSIONER EGGELLETION: Well, I mean in some respects, like Commissioner Rodstrom, I think the fairest way to do it is to deregulate the whole thing.
MAYOR LIEBERMAN: Shh.
COMMISSIONER EGGELLETION: Okay. And I would entertain that in a heartbeat. Absent of deregulating the whole thing, I'm going to strongly support a rate increase. Look, these guys have not had a rate increase in a long time. Everything, insurance have gone up for them extremely high. They're required by state law now to take the highest insurance there is. Gasoline obviously have gone up. But more important than that, everything that they do, the repair on their taxis, tires, automobile tires, everything have actually gone up, and they got to make a living for their family.
Now, you know, I second Commissioner Wasserman-Rubin's motion. I don't know if the vote is on the board to go that high, but if not, I would like to put a substitute motion on the table of 3.25 for the first mile and leaving the additional mile exactly where it is, and I think that that is very, very fair.
COMMISSIONER PARRISH: 3.25?
COMMISSIONER EGGELLETION: 3.25 for the first mile and leave the additional mile the exact same.
COMMISSIONER PARRISH: Instead of their proposed rate.
MAYOR LIEBERMAN: Okay.
COMMISSIONER EGGELLETION: So I would like to offer that as a substitute.
MAYOR LIEBERMAN: All right. We have a substitute amendment from Commissioner Eggelletion to raise the first mile to 3.25. Is there a second?
COMMISSIONER RODSTROM: I'll second it.
MAYOR LIEBERMAN: It is seconded by Commissioner Rodstrom. I ask that if you're in our chambers, please, we've a long day. I'm sure you have too.
COMMISSIONER PARRISH: But that's what they're proposing.
MAYOR LIEBERMAN: We ask that you refrain from discussion because we want to get through the business of the meeting. Okay.
On the substitute motion which would come first, which is Commissioner Eggelletion's motion to raise the fare to 3.25 for the first mile and keep all of the other fares as they were presented in the agenda item --
COMMISSIONER PARRISH: Which is the proposed -- that's the proposal.
MAYOR LIEBERMAN: No. Commissioner Eggelletion -- Commissioner Eggelletion's proposal, his amendment, Commissioner, correct me if I'm wrong, moves the first mile to 3.25 and all of the charges for the additional miles stays as shown as the proposed rate in the agenda report.
COMMISSIONER PARRISH: That's what he moved. That's what we have.
MAYOR LIEBERMAN: No.
COMMISSIONER RODSTROM: No.
MAYOR LIEBERMAN: They're not going to 3.25.
COMMISSIONER PARRISH: What is that? Proposed rate, 3.25 for the first mile. That's what he proposed.
MAYOR LIEBERMAN: Okay. In the backup, it says 3.25.
COMMISSIONER PARRISH: That's their recommendation.
COMMISSIONER GUNZBURGER: That's what I moved. Joe, that's what I moved.
MAYOR LIEBERMAN: All right. We have a motion to move the agenda report.
COMMISSIONER PARRISH: It's the same thing.
MAYOR LIEBERMAN: Okay. We already have that motion. Everyone, ready? Commissioner Gunzburger moved the --
COMMISSIONER GUNZBURGER: No, but there was a -- Diana's was the substitute.
MAYOR LIEBERMAN: No, after she made her motion, you moved the item as presented. Yours is the second motion.
COMMISSIONER GUNZBURGER: Okay.
MAYOR LIEBERMAN: The second motion comes first in time.
All those in favor of the motion to move the item as presented, signify by saying aye.
All those opposed?
Show the motion passes 8 to 1 with Commissioner Wasserman-Rubin voting no.
VOTE PASSES 8 TO 1 WITH COMMISSIONER WASSERMAN-RUBIN VOTING NO.
MAYOR LIEBERMAN: The second motion, it will not be heard because the first motion has passed.
AGENDA ITEM 14
MAYOR LIEBERMAN: Item Number 14 on the agenda is a public hearing --
(Applause.)
MAYOR LIEBERMAN: We ask that you not -- please, we just ask that you exit our chambers. We thank you for joining us today.
Item Number 14 on our agenda is a motion to approve a lease with -- let's see. A motion to approve a marine terminal lease and operating agreement. Please, Commissioners, with Mediterranean Shipping Company, is moved by Commissioner Eggelletion. Is seconded by Commissioner Scott.
I have a number of people who want to speak on this item. I'm going to call your name. Please move up to the front row. You'll have two minutes. Start by stating your name and tell us where you reside. Okay. I have Arthur Coffey, John Gorman, it looks like John Mullaney, Margaret Kempel, Christopher Roland, and Ossia Rush are the only speakers I have on this item.
(COMMISSIONER EGGELLETION AND VICE MAYOR JACOBS LEFT THE ROOM.)
MAYOR LIEBERMAN: Mr. Coffey.
MR. COFFEY: Yes.
MAYOR LIEBERMAN: Go ahead.
MR. COFFEY: My name is Arthur Coffey, Miami, Florida. I'm the international vice president of the International Longshoreman's Union, and I'm here speaking on behalf of the MSC, Mediterranean Shipping. Mediterranean Shipping is the largest line -- second largest line in the world, and they're offering to bring work here. I don't know if they're going to move completely out of the Miami. I think maybe some of it may stay there. They've been in Miami for a while. We have ran out of area in Miami. You haven't. They want to come up here. They have also run out of area in Freeport, Bahamas, and all their trans shipments there have chased out even Maersk and so forth.
They're looking to come here to do something in the trade routes that they deal in which will give you, and I've heard $5,000,000 today, $1,000,000. Their proposal actually generates $30,000,000. And this here is an awful lot of business. You've got nearly 7, 800 Broward County residents who work in the port, who work in the International Longshoreman's Union. We also have recently negotiated a contract that will put $12 an hour into the welfare funds and pension funds of the workers of Broward County that work on the port, and $31 an hour in their pocket, their paycheck. This is big bucks. This is not necessarily what the little guys got on the port. They're not even in the same markets as these guys are, and if they are, they're little niche markets that go on.
I've been doing this for 32 years. I think I'm pretty good on this. I know how it works and I have to tell you we've got a good consistency of longshoremen in the audience today. I don't think this will hurt anybody in the port, but to give up something like this is like telling Delta Airlines to leave the airport, we don't want you. This is big. Please consider it. Thank you.
MAYOR LIEBERMAN: Thank you. Mr. Gorman.
(Applause.)
MAYOR LIEBERMAN: You-all heard me before. We don't do that in our chambers. Please, follow the rules. Thank you.
MR. GORMAN: My name is John Gorman. I'm President of Florida Transportation Services. I have spoken to most of you commissioners about this issue already. At the port workshop, Mr. Vickerman discussed that there is no more land available for containers in South Florida. By handing out another berth guarantee, you will further restrict new business coming to Port Everglades. Why not wait until Berth 34 is complete?
I have just handed out to you a sheet prepared by Broward County, Florida, where I have added in the box rates for each line, including my own company, taken those rates, multiplied it by the number of boxes guaranteed per company per acre, and on the right-hand side, you will see the revenue per acre that each company will provide to the port.
(COMMISSIONER EGGELLETION RETURNED TO THE ROOM.)
MR. GORMAN: The lowest company revenue per acre is MSC. In regards to the cap that was negotiated, the second sheet provides you with a comparison of South Stevedoring and MSC and the difference, apples for apples, over the next 20 years. It is almost $100,000,000 less than what South Stevedoring will pay. If the majority of the commissioners today believe and vote that this is a good deal for the port, I respectfully request you extend the basis of this agreement to FTS and all the other south port users. Thank you.
MAYOR LIEBERMAN: Thank you. I have Mr. -- I hope I'm saying this right, Mr. Mulvaney; is that correct.
MR. MULLANEY: John Mullaney.
MAYOR LIEBERMAN: I'm so sorry.
MR. MULLANEY: I'm senior vice president of --
MAYOR LIEBERMAN: I have a hard time reading your handwriting. I apologize.
MR. MULLANEY: That's all right. My name is John Mullaney. I'm Senior Vice President of Operations of Mediterranean Shipping Company. I live at 621 DeMonte Avenue, Baldwin, New York.
COMMISSIONER GUNZBURGER: I can't hear you. Speak into the mike.
MR. MULLANEY: Okay. My name is John Mullaney. I'm Senior Vice President of Operations of Mediterranean Shipping Company. I live at 621 DeMont Avenue, Baldwin, New York, 11510.
And our agreement with the county provides both rent based upon the leased land and an income for rate cap based upon the rate. And the port has done a study which shows that the rent that we pay is the highest of all other companies currently doing business with Broward County. We negotiated a rate with the county, and based upon the guarantees, the volume we're going to put through the acreage, we will produce the highest income in spite of what the other gentleman said per acre of any of the lines doing business with the county.
At the last meeting of the commissioners, the item of the cap on the rate of 1.5 cents an annual basis was brought up. We're not prepared to renegotiate our contract. Our agreement is in the hands of the Port Director. It's been signed by us. It merely needs the consent of this body to move forward. If they want to renegotiate the financial conditions of the agreement, we're not prepared to do that. If that happens, we will withdraw from the agreement completely. We ask you to look at the lease overall and take it on its overall value, and that's going to produce more income and more jobs than anybody else has been able to do in this county in the past in spite of what's been said here today. Thank you.
MAYOR LIEBERMAN: Thank you very much. Ms. Kempel.
MS. KEMPEL: Margaret Kempel, Port Everglades Association Executive Director. Thank you for the courtesy of allowing me to read a message from our president, Michael Hopkins, who is out of the country this week.
MAYOR LIEBERMAN: Can we give Ms. Kempel our attention, please.
COMMISSIONER GUNZBURGER: I'm sorry.
MS. KEMPEL: Did I do something wrong?
MAYOR LIEBERMAN: No, not you. I asked everyone else to give you their attention.
MS. KEMPEL: We appreciate the opportunity that all parties, including the commissioners, the Port Director and interested parties to the MSC matter have given our organization to present our thoughts, recommendations, and concerns. It's clear that good and fair government is at work in Broward.
Our members and especially those who have been concerned about the terms of the contract between the county and MSC wish it to be known that there is not a single company that opposes MSC coming to Port Everglades. On the contrary, we welcome them because more business is better for everyone. We look forward to their joining our organization and becoming a major player in the economic growth of our area. Competition is healthy and embraced by our members. We've stated our concerns and you have heard us, that the rolls must be the same for everyone, that no similar business should be significantly disadvantaged, that the county's future earning capacity must the not be compromised.
We heard last week from an expert in the industry from Mr. Vickerman of Trans Systems, who has achieved success by properly forecasting planning for the future. His predictions are based on historical performance and he said that our land berths are limited and valuable. I again thank you for having respect for our informed opinion and maritime business experience. Thus ends the comments of Mr. Hopkins.
P.S. from Margaret Kemple, I want to tell you, Commissioners, that Ken Krauter has never, never failed to take my phone calls, to come to our meetings, to be more or less beat up by us at any chance, and we have always had very cordial relationships, and I personally am very disturbed that newspapers or anybody could see that our professional opinion difference is a slap in the face, and I thank you for considering our professional opinion.
(VICE MAYOR JACOBS RETURNED TO THE ROOM.)
MAYOR LIEBERMAN: Thank you.
Christopher Roland, and our last speaker is Ossia Rush. Is Mr. Roland here? Okay.
MR. ROLAND: Good afternoon. My name is Christopher Roland. My address is 2341 Northwest 15th Street in Fort Lauderdale, Florida. I'm here speaking on behalf of -- I am a union member of Local 1526 in Fort Lauderdale, Florida. I just wanted to put a face to the jobs that MSC is bringing into Fort Lauderdale. I am a second generation -- I'm sorry a third generation longshoreman. I still live in Fort Lauderdale. My father was president of the organization until his death ten years ago.
The thing that I want the commissioners to understand is that when those jobs do come in and we have increased our membership to 700, 700-plus members, those are the jobs that I have benefited from while my father was a longshoreman, he was able to send me to the college of my choice. I was able to come back and apply some of the things that I have learned in college and in other jobs to this organization. I am asking that you support MSC in bringing those jobs to Fort Lauderdale, putting people to work, putting our union members to work, and actually letting them help contribute to some of the things that are going on in the county.
The majority of the members still live in Fort Lauderdale. The majority of the members live in Broward County, and the majority of the members live right around the union hall, which is in the northwest section. We are looking to do things for the county. We want to do what's right and we're hoping that you will support us.
Commissioner Parrish, you might not remember me, but in 2002, you opened at our convention in the Weston Diplomat. You told us about your grandfather. You said how he was a coal miner in West Virginia.
COMMISSIONER PARRISH: I have to change it to longshore person.
MR. ROLAND: We appreciate everything you have done for us up until this point. We ask that you continue to support us and get this agenda passed, get people to work and support this company and the fine things that you're doing for this county. Thank you very much.
MAYOR LIEBERMAN: Thank you very much. Our last speaker is Ossia Rush. Osea, I hope I'm saying that right. I apologize. Commissioners.
MR. RUSH: Thank you very much. My name is Ossia Rush, and I live at 3541 Northwest 36th Avenue in Lauderdale Lakes. I've been there for 14 years.
And just basically also a concerned longshoreman, and I'm also a crane operator for Maersk Sealand, so we attract companies like that. When they see the production that the longshore men are doing, longshorepersons, women and men together, just creating better jobs and just better for the company, a place like this would be better for our county. And I'm sure as I've sat here and watched you people evaluate and decide what's best for this county, this company is best for this county because, just like Maersk came here a couple of years ago, about lowering the tariffs, well you've seen that they've brought in more tonnage and in turn brought in more revenue and so will this company also. Thank you very much.
MAYOR LIEBERMAN: Thank you very much. Okay, that completes the public portion of this agenda item. The public hearing is now closed.
Before I open to commissioners for comments, I just have one question, Mr. Dion. When we noticed this for public hearing, I believe Commissioner Rodstrom had an amendment, and I'm not -- did you second it, Commissioner? And I apologize if I've messed up, but I don't see a purple sheeted amendment that reflects Commissioner Rodstrom's amendment, and the reason we did that was so that the amendment along with the main motion could be advertised and we wouldn't -- where is the amendment?
MR. DION: I believe we have a draft available if the board approves that, but as I tried to explain the last time, it's not legally required for an amendment to a contract --
MAYOR LIEBERMAN: I understand.
MR. DION: - to be publicized with the notice.
MAYOR LIEBERMAN: Well, we're having discussion, Mr. Dion, because we did ask the amendment - we asked that it be advertised with the main body. This board agreed to that. Could you ask whoever it is on your staff while we're having discussion to bring in whatever they have in the proposed amendment so the board could look at it while we're deliberating.
I have Commissioner Graber, followed by --
COMMISSIONER PARRISH: Just a point of order. The Board by motion order of majority directed the staff to advertise it with the amendment, and I called yesterday to find out where it was. We said to advertise it as it was written and with the amendment. We, by motion order, directed you to do that.
MR. DION: And I'm advised that it was, in fact, advertised in that fashion.
COMMISSIONER PARRISH: Well, then why didn't it come to us in that fashion?
MR. DION: All it is, is a strikeout of 1.5 percent in that provision.
MAYOR LIEBERMAN: In any case, if you can have your staff, Mr. Dion, bring that in while we are having deliberation.
Commissioner Parrish, I apologize to all of you, usually when I go through my agenda I look through those things and I made that mistake. I apologize.
COMMISSIONER PARRISH: No, I asked.
MAYOR LIEBERMAN: Commissioner Graber, you're first.
COMMISSIONER GRABER: Thank you, Mayor. As I stated before, it's very clear that trying too amend this deal, especially 1.5 percent is a killer amendment and you heard very clearly from MSC representative they're not willing to renegotiate with us. They've negotiated with our staff, which is appropriate. Our staff did a very good job. They brought us a very good contract. It's been researched. It's been reviewed many, many times. The information we have today from our county auditor makes it very clear that we're not making money from some of our present vendors. We're actually losing money. With MSC we're going to make some money.
Yes, you can look at every cost per acre, but, you know, it's not cost per acre that's important. It's volume that's important. If you have empty acreage, you don't make any money from it. You have to fill those acres with containers.
This is a company that's the fastest growing company in the world, number two right now, probably will be number one eventually, but regardless of the fact is that it will bring business here. Now, we heard very clearly from the unions. They stand to make $16.8 million in salaries and benefits. It's a union organization. I don't know how you feel about unions, but I support them, and I like to see them grow and I like to see them prosper and we have to take care of our people. These are Broward County people. They've been here for years.
This is a very good port. This is a very good port. This port is growing. It's been very good to the vendors who are there for many years and they've benefited greatly for it and I don't fault them for it, but I do fault them for trying to stop further growth and trying to protect what they have even though the county is not making any money from it. I think it's time to do the right thing. Let's pass it as it is with no amendments, move forward, and doing something positive. The Sun-Sentinel came out and editorialized it, and that's a good one to come out and support something like this.
This is a very important move for the economy, for the progress of this state, the progress of this county, and you know something? It doesn't look good, you're going to kill Office Depot plans. You're going to kill other plans. It looks like we're trying to protect this little port to protect the people who have been here. That's what it looks like. We have to move forward, pass this, and go forward with it. We cannot close the doors anymore. We cannot lock the door behind us and throw away the key. Support the amendment as it is.
MAYOR LIEBERMAN: Thank you. Okay , I had Commissioner Parrish next. You had raised your hand and then followed by Commissioner Rodstrom.
COMMISSIONER PARRISH: When we start reading editorials, the Sun-Sentinel supported the purchase of the Swerdlow property and the Sun-Sentinel supported South Stevedoring too and so did every member of our staff. So I'm just saying that those arguments are fine, but sometimes what the issue is, is I was a little concerned with Mr. Lukic's memo with respect to the guarantees. Do all of you all have that? It was purple sheeted, and it has, down at the bottom, right, it says: Crowley's rate, actual container rate is lower than the MSC proposed rate. I say it's Maersk. I thought it was mass, actual container base rate is higher than both Crowley and MSC reflected lower volumes they did not make sure guarantee in 2003.
The port's break even analysis based upon the guaranteed revenues of the three companies indicates a positive return from the MSC guaranteed revenues while Crowley and Maersk guaranteed revenues fall below their break even amounts. While the methodology used in the break even amounts is subject to review, it provides the standardization model. Are you saying that we lost money on these other two contracts?
(COMMISSIONER SCOTT LEFT THE ROOM.)
COMMISSIONER GUNZBURGER: Yes.
MR. LUKIC: I think one of the reasons I said the break even --
COMMISSIONER PARRISH: Or based on a model.
MR. LUKIC: They're based on a model and the model assumes a return on the assets of the port, and based on that model, the MSC scenario comes out better than the other two companies. It's not to say we're losing money --
COMMISSIONER PARRISH: What if they don't meet the volume, then what would it be?
MR. LUKIC: Well, when they're not meeting the volume, their container rate is actually different. The rate would actually be different. For instance, per actual activity last year, Maersk Universal, actually their container rate was $52 because they didn't make their guaranteed rate. So it's volume sensitive, as it should be.
COMMISSIONER PARRISH: Okay. And you don't believe that different rates for different companies is an issue?
MR. LUKIC: A rate that you establish should contemplate the volume that you're dealing with.
COMMISSIONER PARRISH: Okay. And the other thing, and I don't know how to say this often enough, but Mr. Desjarlais and his staff, while they do a good job, the Port Director does not speak for me, otherwise we could just give the authority to the Port Director to negotiate a contract and we don't have to approve him. The port director and his staff or Mr. Desjarlais and his staff may negotiate on behalf of the County Commissions, but at no point in time did we get any input into that decision. So it's no different than when a company sends someone out to negotiate for the owners of the company or the stockholders. You know, stockholders have a right.
So I mean to say that somebody negotiated a deal and the board is to rubber stamp it, I've never been known to rubber stamp much of anything. So I mean I don't want to offend anyone or don't want to think that a new business to Broward County we in any way want to make you feel less than welcome. The issue is, our board of directors is probably no different than yours or your stockholders' and it works the same way. Staff negotiates something, and you present it. Sometimes they agree with everything; sometimes they amend something. So, I don't think our business practices can be terribly different than any other large company.
MAYOR LIEBERMAN: Commissioner Rodstrom.
COMMISSIONER RODSTROM: I have two problems with this, and the first is, as I pointed out before, and we received a letter sure enough from South Stevedoring raising this very issue that, yes, if you vote to have this cap, then they want it too, and of course Maersk is going to want it as well.
COMMISSIONER PARRISH: (Inaudible.)
COMMISSIONER RODSTROM: But the point being we have a letter for the public record and that letter just bears out the fact that all these companies are going to want favored nations status going forward. And so what you're doing in effect is you're lowering the rates for all the businesses at the port to our detriment for a long period of time, for the next ten years, before you have a chance to reevaluate it again. Now if you don't do that, if you say: Okay. I'm not going to do it with Maersk or I'm not going to do it with South Stevedoring or Crowley or anybody else. I'm not going to do it, then what you're going to do is you're going to give a competitive advantage and you're going to hurt the other businesses at the port and so they will have a competitive advantage so that no one else has, and so if you think they're not meeting their tonnage now, they're certainly not going to meet it down the road. All right. That's the first issue.
(COMMISSIONER SCOTT RETURNED TO THE ROOM.)
COMMISSIONER RODSTROM: The second issue is you've all received a letter that our Port Director, who at the time Phil Allen signed, dealing with this very issue, I mean you know Mediterranean is down in the Port of Miami and they're negotiating with us and with them and you know, all we're doing is just beating the prices down. I mean the two of us can't stop -- can't do this enough. The two ports are just going to be as competitive as you possibly can be, but it's to both of our detriments. It's going to be like Eastern Airlines where we're going to be flying full planes but we are going to go broke. And that's all I'm saying.
You know we need to generate revenue. Don't get me wrong but we need to generate revenue for the long haul at the port that's going to make us economically viable. This deal today by this cap will hurt us long term in our viability to continually make a profit at that port. You know, we'll make money, we'll produce revenue, but we won't make a profit.
And so I would move that we eliminate the one and a half percent cap and we, you know, -- it's the cost of living. It is what it is. We can put a top end of a five percent a year if you want to do that, but I would remove the one and a half percent tariff cap.
COMMISSIONER PARRISH: Second.
MAYOR LIEBERMAN: We have a motion. We have a second on an amendment to the agreement.
I have Commissioner Eggelletion next.
COMMISSIONER EGGELLETION: Thank you, Madam Mayor. First of all, you know, let me just point out something to this commission. We are the largest, that is this country, we're the largest importer of goods in the world. This country account for more than a billion metric tons of imported goods per year, this country.
(COMMISSIONER PARRISH LEFT THE ROOM.)
COMMISSIONER EGGELLETION: Now, the majority of the freight that you're about to see and if you're were to follow what's happening in the world of shipping is only going to get larger, much larger.
We lost The Home Depot deal, the second largest importer of boxes in the world into this country, the second largest, only outdistanced by Wal-Mart. In addition to that, cargo demand for the East Coast of the United States will double and triple in the next ten years. So the -- so it's not a question of will the cargo come to this country. The question is, where will the cargo end? I prefer that cargo to end up in my port as to some other port.
Now, with respect to guarantees and with respect to caps, we have caps on other deals at the port. This is not new. There's nothing new about a cap at the port. Maersk Sealand have a cap. Universal doesn't because they've got the same deal as South Stevedoring. And I would suggest to you, what good is a deal if a company can't meet it? We lose. The very fact is, if you just really want to know, if you were to offer any company, including the largest in the world, that is at our port, Maersk, they will not take the South Stevedoring deal because they can't meet it. It was a bad deal, negotiated from the dais, and it's still bad today, and that's why Universal can't make the deal. That's why the Auditor told you that they didn't meet the deal. And they can't make it because it's unrealistic in today's world of shipping. You just can't meet those demands.
In addition to that, we're not stealing anything from the Port of Miami. We put an RLI out on the street just like we do anything else. Several companies responded, including a PNO Net [sic], one of the largest companies in the world. This company happened to win it. That's all. It's no different. We're not raiding everything and if you read Mr. Allen's memo what he was cautioning the port's counsel about is these deals ought not to be structured around price but they ought to be structured around what you're offering in terms of services, and that's exactly what this deal is offering in terms of service.
There's a lease as well as a cargo guarantee. And I will bet you this, yes, South Stevedoring asked you to renegotiate a deal, and who wouldn't after the bad deal that they got. I would certainly ask to renegotiate my deal, but if you ask any of the companies at the port, will they take the deal that we're offering to MSC, you know what they'll say. Yes, I'll bet you. I'll take it tomorrow, but when you ask them in the same breath, would you give us the same cargo guarantee, not one of them will give you that guarantee, not one.
And not only that, the money is paid upfront, so we know where our money will stand. We don't have to go into court and fight like we're doing with South Stevedoring that's more than $2,000,000, almost $3,000,000 behind because they can't meet that demand. That's not a good deal for Broward County. That's not a good deal for Port Everglades, and it's certainly not a good deal for the people that work out there at the port.
So, you know, despite how bad you want to try to beat this deal up, this is a good business deal, and let me tell you something, I'm happy that the deal was negotiated this way and not put some company at a disadvantage where it's only going to go down the tubes like we are with South Stevedoring in the future. What are we going to do with Universal now that they're behind in their demand? Are we going to also say: We're going after you in court. We shouldn't set companies up for failure.
What we should try to do is make successful models at the port. I'm all for creating jobs at the port. I'm all for creating more revenue at the port and I'm all for positioning Broward County so it will be in the best possible position in the future to accept this huge cargo demand that we're going to have in this country in the next 10 to 15 years.
MAYOR LIEBERMAN: Thank you.
COMMISSIONER EGGELLETION: And what that means is approval of this deal today going forward, and it also means that what we -- we have a unique problem in this county.
(COMMISSIONER PARRISH RETURNED TO THE ROOM.)
COMMISSIONER EGGELLETION: It's a good problem, but yet still it's a problem nonetheless. What this says is that we're growing cargo to the point where we need to begin to move, expeditiously as a county, to begin to create new berths to handle this cargo demand that you're beginning to see. And so I would strongly suggest that this commission vote in favor of this deal, and let's move forward and get a good business model on the table.
MAYOR LIEBERMAN: Thank you.
VICE MAYOR JACOBS: Commissioner Eggelletion, are you moving the item?
COMMISSIONER EGGELLETION: I would move the item once, Madam Mayor, that everybody have an opportunity to speak.
MAYOR LIEBERMAN: Vice Mayor Jacobs, followed by Commissioner Gunzburger.
VICE MAYOR JACOBS: I'll second your motion to move.
Mr. Desjarlais, with your permission, may I have our Port Director for some questions, please.
MR. DESJARLAIS: Mr. Krauter.
VICE MAYOR JACOBS: Good afternoon. We had a conversation, I don't have it with me. I have loads of documents stacked around so I apologize. I couldn't get my hands on it. Somewhere in the documents, I believe they were provided by your office, there was the issue of where the cargo is moving from around the country. Commissioner Eggelletion addressed it briefly, but most -- could you elaborate on my understanding that most of the cargo that's coming into our port now is emanating from South America and the new directions that will be coming from under the MSC contract. Why is that an advantage to the county?
MR. KRAUTER: Thank you very much for the question and the opportunity. One of the real advantages that MSC brings to Port Everglades is not only the substantial volume of business that they will bring, but to your point and that is the diversification of trade lanes and MSC operates I think as you're aware, in 166 ports around the globe in all continents. Substantially they're going to bring new business over our traditional trade lanes. The traditional trade lanes in Prot Everglades have been in Central America and in the Carribean and to a lesser extent on the west coast South America.
Mediterranean Shipping is going to diversify that business for us in bringing Far East trade, European trade, and through the Med and also South African trade. So it's the diversification, and its new business that's not carried by other lines currently calling Port Everglades.
VICE MAYOR JACOBS: Thank you. That's all my questions.
MAYOR LIEBERMAN: Okay, Commissioner Gunzburger.
VICE MAYOR JACOBS: No, that was all my questions, I still had a comment. You know I, like all of you, have wrestled with this issue for weeks.
MR. DESJARLAIS: Thank you, Mr. Krauter.
VICE MAYOR JACOBS: And I have had a ton of documentation to pour through and my earlier concerns that we were in essence bringing in the Wal-Mart invasion to our port, that we might, in fact, be bringing in one company that was so big, no wonder why they are number two, they drive out all the competition and what's going to happen if they are indeed on their way to becoming number one and what happens to our smaller port which is very healthy right now, despite all the costs that we are experiencing with increase security and other challenges that our port is facing, we are still healthy. And we are still healthy by virtue by of the smaller companies that have been - and the larger ones that are there now and how they are operating.
But I think as we look forward to the future of shipping on the planet, we see that there's going to be some changes globally, and I have a concern that if we continue to only look at one part of the globe for where our cargo is coming then we're not going to be positioned well to compete with the rest of the ports and thereby have a healthy port, although it's healthy today, I don't see it staying that way under the current scenario.
Additionally, in looking at the Auditor's comments, the last concern I had about comparing apples to oranges, were we truly putting all of the different contracts out on a par that we could really see whether they're even and fair as well as the movements on Fridays out at the -- when cargo ships are coming in in the four-hour window. I have, in studying all of that, become very comfortable with that, which is why I'm willing to second the motion today and I urge all of you to move this contract forward. Let's take this port into the next direction, the next -- the future of where it needs to be.
MAYOR LIEBERMAN: Commissioner Gunzburger.
COMMISSIONER GUNZBURGER: Thank you. Mr. Dion, is there any reason that if we go ahead with this, which I think is very important to grow the port, that maybe I guess it goes to Mr. Desjarlais rather. It may -
MR. DESJARLAIS: Yes, ma'am.
COMMISSIONER GUNZBURGER: It may be a question for you. It's not a legal question. It may be both. That we could not talk about sitting down with our other partners at the port and talking about their caps, that if they reached the volume of business that we expect out of this new company, Mediterranean Shipping Company, if they reach those volumes that we could reduce their caps so that they would be on an even keel?
MR. DESJARLAIS: Commissioner, any contract of the port by mutual consent could be reopened for negotiations.
COMMISSIONER GUNZBURGER: You know, I understand people who feel that they are not getting a fair shake. I think it's really important to have new business and grow the port. After all, we have a lot of land that needs to be used and utilized, but I also feel for the businesses that have been there, and they've been there for us when we didn't have other businesses, and I'm wondering if this might we a compromise, that we offer to businesses when they get to X-volume, and it may not be as high as we expect even Mediterranean to be, that we could look at reducing their cap so that they would feel that they would be playing on the same field.
MAYOR LIEBERMAN: I haven't weighed in on this, Commissioner Gunzburger, and I struggle with this contract, I have to tell you, I struggle with it for a couple of reasons. I absolutely would like to see Mediterranean Shipping Company at the port, especially in view of the fact that they are the second largest container shipping operation in the globe. Having visited the port of Hong Kong and seeing what a seven-day a week, 24 hour a day port looks like, and having been privileged to welcome the Lierca, which is their cruise ship to Port Everglades and I believe the Opera is coming this December, so, you know, it looks like Mediterranean Shipping Company is going to be a significant part of the port.
I struggle with this five percent cap, the one and a half percent cap. As much as I would love to have Mediterranean Shipping here, here's my concern. I can think of, off the top of my head, a half a dozen issues where there have been supposed caps negotiated where we've been cautioned either by the County Administrator or cautioned by Mr. Lukic that when you put those caps, what happens is that when you have to do an increase you're making other people bear the burden.
Mr. Desjarlais has talked about how CRA's over a period of time, because they keep their wealth, mean that the communities surrounding pay into the CRA and don't receive the benefit. Mr. Lukic reminded us when we were seeing contracts from the Sheriff capping the increases for the contract communities that that was shifting a cost, and I just don't know how I can, in good conscience, vote for a cap when we've had all of these discussions as a board and so many occasions where we've been advised that caps are just not the way to go.
There may be other areas that you can offset by giving a discount for volume, but the problem with capping the tariff is you're going to ask the other port businesses when you raise the tariff, they're going -- it's like Save Our Homes. It's like all of the items that we've been dealing with. When you cap it for one group and it remains free for everybody else, what really happens is everyone else ends up subsidizing. So I am troubled by that.
With respect to the editorial in the Sun-Sentinel or anyone else who says Mr. Krauter negotiated a contract and we, as a board, should simply, you know, say: Okay. Mr. Krauter, you negotiated a contract. We had no input in the contract but we're going to just sit blindly by and approve it, this coming November will be eight years I've been a county commissioner. I can't think of any department director who has negotiated a contract at some time that's come to this board that we haven't made some change to it because that director doesn't come to us before they begin negotiations and say: Give me the parameters. Give me some thoughts here. Tell me where you think I ought to go on that. It's their opinion, and I respect Mr. Krauter's opinion, but it doesn't mean that I have to rubber stamp everything he does.
I'm elected to this position to do due diligence, and due diligence means I'm going to look at his recommendations, I'm going to read all the information staff provides, I'm going to listen to the public when they come here, I'm going to read my e-mails and letters, but the bottom line is, that I have to weigh all that, and then when I cast a vote, my vote may or may not exactly support the item as presented. That's not my job. My job is to make an informed and educated vote.
So I mean I guess what I would ask, Mr. Desjarlais, is if there's any way other than this cap, because I would like to see Mediterranean Shipping here, but the cap is troublesome. If there's any other way with respect to this agreement because I hear Mediterranean, what they're saying is: If you want us here, we're going to bring a lot of containers here. You're going to get a lot of volume. It will be a lot of business. We need some incentives to come here. That's what a cap is, it's really an incentives and it's just moving the dollars around. Is there some other way to do it so we don't shift the burden over 20 years, this is a 20-year cap, onto other businesses that predate Mediterranean Shipping here at the port.
COMMISSIONER RODSTROM: Ten year cap.
MAYOR LIEBERMAN: I'm sorry, a ten year cap, but it's still a cap and it's a cap for the 20 years of the agreement though the amount slides up after ten years. The cap is not removed after ten years.
Commissioner Rodstrom, the cap remains.
COMMISSIONER RODSTROM: The cap remains.
MAYOR LIEBERMAN: Thank you. So I would ask --
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: Yes.
COMMISSIONER EGGELLETION: Let me just clarify the fact that we do have volume discounts for the other companies such as South and Universal. That's why they don't have a cap, because they get a volume discount after they trigger a certain amount and that's exactly - that's the incentive they have and so the incentive here is the cap.
MAYOR LIEBERMAN: Thank you, but my concern is that whenever we deal with caps -- caps, tariffs are our publicized rates. It's like if you would cap the occupational licenses for one group in the same category but not another group. It's like some taxi cab drivers could have their occupational license capped at the current rate and other dollars would get to pay an increased rate. Well we all know when you cap it shifts the burden onto the existing businesses who are outside the cap.
So the question that I ask is -- and I hear Mediterranean, they're saying: We need some incentive to make this work for us. We want to be here. We'd rather be here. Cap is what they came up with. Cap makes me very uncomfortable because what a cap does. It's a 20 year cap. At ten years we go back and we look at the rate but then it's capped again for increases over the next ten years so it is a 20-year cap. Is there some other way, Mr. Desjarlais, we can ask Mr. Krauter, is there some other way to get a bottom line dollar decision without a cap?
MR. DESJARLAIS: Mayor, certainly if that's the will of the board, we can do that, but the agenda item as presented as you today was a negotiated deal and unless the board directs us to do otherwise, this would be our recommendation.
MAYOR LIEBERMAN: Well, I'm asking, Mr. Krauter, if you could have Mr. Krauter come forward, if there are any other options available for getting the same dollar amount that he gets for a cap in some other method, whether it's a volume, or whatever. As a commissioner, I have the right to ask for that information.
MR. DESJARLAIS: Commissioner, whatever he would tell you would be personal opinion and not part of the negotiations.
MAYOR LIEBERMAN: I'll take his personal opinion.
MR. DESJARLAIS: Mr. Krauter.
MR. KRAUTER: The contract that we've negotiated with MSC undoubtedly contains many, many provisions. And it's been executed by Mediterranean Shipping, as commissioners are aware. With respect to that one item, I am always very reluctant to go and open a contract which has been negotiated to the point that this one has in its current status because, in opening those negotiations again, it opens the discussion to realms of other topics, and the question and the doubt and concern in my mind is whether we ever get back to the point where we are today.
MAYOR LIEBERMAN: Mr. Krauter, can you please -- I would respectfully ask that you respond to the question that I've asked. The question is: If the cap were not there, are there other ways in which they can get the same dollar discount other than a cap? Is there some other way of getting to that dollar number that the cap represents?
MR. KRAUTER: If you open negotiations, there are ways to accomplish changes in monetary items.
MAYOR LIEBERMAN: That would get to the same --
MR. KRAUTER: Undoubtedly, because that's the nature of these contracts.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: You know, I can't do two things at the same time. Okay. I'm sorry, Mr. Krauter, I could not -- so there are other ways that you could get to the same dollar number by going through the contract without having a cap?
MR. KRAUTER: Undoubtedly, there are many -- because there are many monetary issues within the contract.
MAYOR LIEBERMAN: Okay. And I guess what Commissioner Parrish and Rodstrom would like to know and I guess it would not just be you, Mr. Krauter, it would be anyone who negotiates a contract just to be aware of the fact that when you negotiate it's always subject to board approval. So no one has a final deal even if one party has signed off on it.
MR. DESJARLAIS: Mayor, we always know that.
MAYOR LIEBERMAN: That's fine, just want to make sure.
MR. KRAUTER: And that was made imminently clear to everyone throughout the whole process, and the S/NC and the negotiations.
MAYOR LIEBERMAN: Okay. Thank you.
MR. KRAUTER: Okay.
MAYOR LIEBERMAN: I think, Joe, you had your hand up and that was it.
COMMISSIONER EGGELLETION: Yeah, I did, and let me just -- you know, let me -- you know, I sit on this S/NC. I read this contract many, many times. I came to the conclusion that there was only one thing at the end of the day that really left me somewhat perturbed, but I pointed out to you earlier that it was a good problem that we had and that was the berthing issue. Then when I read the memo from Mr. Krauter to us recently, and I had talks with him and other folk in terms of these berths and how they're being used and whatnot, I feel somewhat satisfied that the berthing issue is going to be dealt with and dealt with in a way that's going to be equitable to all concerned. But, again, commissioners, it does say that we need to get on with the mitigation of trying to create another berth at the port. The environmental mitigation, I mean we've just got to get on with it and we can't keep dragging our feet on that issue and I don't think the staff is. It just takes time.
The point being made is, I think after having sat in on the negotiations and one thing you have to know is MSC does not have a board that it reports to. It is a company that have three people that makes the decision, and they have made a decision, and I think that if you tamper with this contract at this point, you lose MSC. I think they've already made a decision that they walk out the door, and you can go to the number two company that I guarantee you will not give you this kind of money.
So I think we've gone as far as we can go. I understand what y'all are saying in terms of the cap. However, when you have a deal this large, you've got to have something to make it work, and no company is going to give you this kind of cargo guarantee under today's market. This is a huge guarantee. This is not small. This is big, and so -- and paying up front.
So I'm going to urge all of my colleagues here, I have done what you have asked me to do as your liaison. I've looked at this. I've talked to all parties concerned. I've heard everybody. I've heard from Mr. Gorman and his group. I'm heard from Mrs. Kempel. I've heard from Sea Freight. I've heard from everybody and I've tried to study this from everywhere I can. There's not going to be a loss of cargo here. We're going to gain. There's not going to be a loss of money. We're going to gain and so I would urge you to support the deal as presented today.
MAYOR LIEBERMAN: We have an amendment, which is Commissioner Rodstrom's amendment. Seconded by Commissioner Parrish which would remove the cap.
All of those in favor to remove the cap, signify by saying aye.
All those against.
Show that the amendment to remove the cap fails 6 to 3.
VOTE FAILS 6 TO 3 WITH COMMISSIONERS EGGELLETION, GUNZBURGER, SCOTT, GRABER, WASSERMAN-RUBIN AND JACOBS VOTING NO.
MAYOR LIEBERMAN: The three yes votes are Commissioner Parrish, Rodstrom, and Lieberman. And we're now on the main motion as presented with no amendments.
All those in favor of the main motion signify by saying aye.
All those opposed.
Show it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Welcome to the port.
(Applause.)
MAYOR LIEBERMAN: Okay. We ask that those people leaving do so quietly, we still have business to do.
AGENDA ITEM 15
MAYOR LIEBERMAN: Item Number 15 is a motion to approve an agreement between Broward County and Legal Aid, is moved by -- please leave our chambers quietly. We ask you to do that.
Commissioner Parrish, seconded by Commissioner Gunzburger. Any discussion?
Is there anyone in the chambers who wishes to speak on this item? Hearing none.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 16
MAYOR LIEBERMAN: Item 16 is moved by Vice Mayor Jacobs. Seconded by Commissioner Parrish. Is a motion for an unanticipated revenue resolution in the Judicial Technology Fee Fund.
Is there anyone here to speak on this item? Hearing none, the public is now closed.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Oh, did they want to speak?
COMMISSIONER PARRISH: No, you should just recognize them.
VICE MAYOR JACOBS: Look at them, they look so tired out.
MAYOR LIEBERMAN: No, they said I don't have to recognize them. All right.
AGENDA ITEM 17
MAYOR LIEBERMAN: Item Number 17 is a motion for unanticipated revenue resolution in the court facilities fee second, is moved by Commissioner Parrish. Seconded by Commissioner Gunzburger.
Is there any discussion? Hearing none, -- is there anyone in the public who wishes to speak on this item? The public is closed.
All those in favor signify by saying aye.
All those opposed?
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
AGENDA ITEM 18
COMMISSIONER PARRISH: Move 18.
MAYOR LIEBERMAN: 18, a court cost fund of $300,000, is moved by Commissioner Parrish. Seconded by Commissioner Rodstrom. Is there anyone discussion on this item? Is there anyone in the public here to speak on this item?
Seeing none, the public is now closed.
Commission, all those in favor signify by saying aye.
All those opposed?
Show that Item 18 passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: Mr. Wills, my sort of brother-in-law, Mr. Michelson, good to see you.
AGENDA ITEM 13
COMMISSIONER EGGELLETION: Madam Mayor.
MAYOR LIEBERMAN: Bye. Yes, Commissioner Eggelletion.
COMMISSIONER EGGELLETION: Madam Mayor, when we voted on Item 13, you know, I have to admit that I was looking at the wrong sheet when I made my motion, and having, you know -- I'm big enough to understand when I've made a mistake, and I made an error, and, Madam Mayor, I would like to move to reconsider Item 13 and bring it back on the agenda.
MAYOR LIEBERMAN: Okay. We have a motion to reconsider Item 13. Is there a second?
COMMISSIONER WASSERMAN-RUBIN: Second.
COMMISSIONER PARRISH: The cab drivers aren't here. That's not fair.
MAYOR LIEBERMAN: We have a motion. We have a second for reconsideration from Commissioner Eggelletion, seconded by -- was that you, Commissioner Graber, did you second.
COMMISSIONER GRABER: Second, yes.
MAYOR LIEBERMAN: All those in favor of reconsideration signify by saying aye.
All those opposed.
Show that it passes unanimously.
VOTE PASSES UNANIMOUSLY.
MAYOR LIEBERMAN: The item is now back before us, Commissioner Eggelletion.
COMMISSIONER EGGELLETION: Madam Mayor, when I looked at it, unfortunately when I -- when you heard be say 2.75, I was looking at the wrong -
COMMISSIONER PARRISH: 3.25 you said.
COMMISSIONER EGGELLETION: No, I said 2.75 and I wanted to move it to 3.25.
MAYOR LIEBERMAN: That's what we did.
COMMISSIONER EGGELLETION: Let me just finish. I know that's what we did, and that's where I was wrong, okay. And, you know, looking at this, the 3.25 only gives them the 50 cents in which the staff is talking about. It does not give them a rate increase per se on the per mile usage.
And so, therefore, you know, my intent was to try to provide for a per mile rate increase because the gasoline that they're using is per mile. So I would move the 3.25, but move it to 2.20 additional which would then grant the rate increase that I think that they are actually due.
COMMISSIONER PARRISH: So what are you talking about?
(COMMISSIONER RODSTROM LEFT THE ROOM.)
VICE MAYOR JACOBS: The drop rate, the extra per mile?
COMMISSIONER EGGELLETION: The extra per mile is what I'm talking about.
COMMISSIONER PARRISH: 2.20 more a mile?
COMMISSIONER EGGELLETION: Well, actually we're talking about going to $2 a mile.
MAYOR LIEBERMAN: Excuse me, Commissioner Eggelletion has the floor. Joe, Commissioner Eggelletion, explain your motion.
COMMISSIONER EGGELLETION: I think the way the item is presented -- and unfortunately Mrs. Fandel is not here, but I think, Mr. Desjarlais, correct me if I'm wrong, I think the way the item is presented, we're going to give them a 50 cent increase so it goes to, what, 3.25; is that correct?
MR. DESJARLAIS: Commissioner --
COMMISSIONER EGGELLETION: It's.25 for the first --
MR. DESJARLAIS: I'm going to have to look at the documents.
COMMISSIONER EGGELLETION: It's 3.25 when you pick them up, and then what we're talking about is no additional mile -- no additional increase in a per mile the way it is. It goes to $2.
COMMISSIONER PARRISH: No, it doesn't.
COMMISSIONER EGGELLETION: What I wanted -- well, what I want it to go to is 2.25, and Mr. Lietzke, maybe you could help me here, but my intent was to give a rate increase, and what we did was not give them a rate increase.
COMMISSIONER PARRISH: Yes, we did.
COMMISSIONER EGGELLETION: Not on a per mile, Commissioner, not on a per mile. We didn't do it on a per mile.
MR. DESJARLAIS: Okay. I have the document up on my screen. Commissioner, what's the question, please?
COMMISSIONER EGGELLETION: I don't have the document.
MR. DESJARLAIS: Okay. The document says the present rate for the first quarter mile drop rate is 1.25 and the proposed rate for the first eighth of a mile drop rate is $1.50.
COMMISSIONER EGGELLETION: Right.
MR. DESJARLAIS: So at a quarter mile, 1.25, at an eighth of a mile, 1.50.
COMMISSIONER EGGELLETION: Right, so when you add that all up, it goes to, what, 3.25, right.
COMMISSIONER PARRISH: That's $3 for an eighth of a mile.
MR. DESJARLAIS: It's $3 for a quarter mile. So that makes it --
COMMISSIONER PARRISH: It's a buck and a half for a quarter mile. We took it to --
COMMISSIONER EGGELLETION: Can we just -- wait a minute. Excuse me. Excuse me. Excuse me. Excuse me.
COMMISSIONER GUNZBURGER: It's three and a quarter for the first mile.
MAYOR LIEBERMAN: Commissioner Eggelletion --
MR. DESJARLAIS: May a make a recommendation.
COMMISSIONER EGGELLETION: Let's just wait and get Ms. Fandel, that's fine.
MR. DESJARLAIS: Please, may I make a recommendation. Can we bring this back, because we really need -- if we're going to do this right, we need to have our experts in because it's -
COMMISSIONER GUNZBURGER: (Inaudible.)
MR. DESJARLAIS: It's not as simple as - as I'm looking at the rates, for a quarter of a mile drop rate 1.25, for an eighth mile, it's $1.50. I mean it's just more complex --
COMMISSIONER GUNZBURGER: It's real simple.
MR. DESJARLAIS: Well, I'm not going to try to interpret a spreadsheet without --
COMMISSIONER GUNZBURGER: It's your own.
MAYOR LIEBERMAN: Mr. Desjarlais, as a point of information, your request to bring this back.
MR. DESJARLAIS: Yes, ma'am.
MAYOR LIEBERMAN: Because there is no time constraint, we could bring it back a month from now with a new rate, would it be your recommendation to adopt the motion that we adopted and then you would put another item on the agenda after break because it has to be advertised.
MR. DESJARLAIS: That would be fine.
MAYOR LIEBERMAN: Okay. So, Commissioner Eggelletion, here's what the county administrator is suggesting we do.
COMMISSIONER EGGELLETION: Okay.
MAYOR LIEBERMAN: If we go back and we repass the motion we passed, over summer break, he will look at this issue. He has to notice it for a public hearing. So he can then notice a public hearing and we can do another rate increase.
COMMISSIONER EGGELLETION: Okay.
MAYOR LIEBERMAN: There's not a restraint that it only happen every six months or every two years. We just have to have the necessary language in the agenda report.
COMMISSIONER EGGELLETION: Okay.
MAYOR LIEBERMAN: But if we don't do something today they can't even get the rate increase that was on the agenda today.
COMMISSIONER EGGELLETION: So, Madam Mayor, are you suggesting that we go with what was passed and then let them study it and bring it back.
MAYOR LIEBERMAN: Right after vacation.
COMMISSIONER EGGELLETION: -- right after vacation in August to be reconsidered again; is that correct?
MR. DESJARLAIS: Reconsider it, and what we can do, Commissioner -
COMMISSIONER EGGELLETION: That's good.
MR. DESJARLAIS: - when we bring it back in August is bring you -
COMMISSIONER EGGELLETION: That's good.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: You were not recognized.
MR. DESJARLAIS: No?
COMMISSIONER PARRISH: But you have to pay 90 bucks to have it recalibrated -
MAYOR LIEBERMAN: You were not recognized. I will recognize you, Commissioner.
VICE MAYOR JACOBS: I think they will gladly pay for that if we are going to increase that over and above the original motion.
MR. DESJARLAIS: What we can do -
MAYOR LIEBERMAN: Mr. Desjarlais.
MR. DESJARLAIS: Commissioners, what we can do is bring you back a spreadsheet that will show you a range of increases from which you can choose.
(COMMISSIONER RODSTROM RETURNED TO THE ROOM.)
MAYOR LIEBERMAN: Mr. Desjarlais.
MR. DESJARLAIS: Or none at all.
MAYOR LIEBERMAN: Mr. Desjarlais, Mr. Desjarlais.
MR. DESJARLAIS: Okay?
MAYOR LIEBERMAN: Okay. The only issue in front of us is whether or not to approve the original rate increase and the question is going to be, they're going to pay $90 to calibrate their meters apparently so if we do this rating -
VICE MAYOR JACOBS: No, someone testified it was 10.
COMMISSIONER RODSTROM: We heard 10.
UNIDENTIFIED SPEAKER: It was 10. One gentleman said 90 and -
MAYOR LIEBERMAN: Okay.
COMMISSIONER PARRISH: He said 20.
MAYOR LIEBERMAN: Okay. Thank you.
COMMISSIONER RODSTROM: The guy that owned the company said 10.
MAYOR LIEBERMAN: Thank you, I've not recognized you. Okay, do we have an answer to that question from your staff so that we know -- that we know what the right amount is.
MR. DESJARLAIS: How about if we try to get the answer, will you take up the other item. Do you want to come back to this?
MAYOR LIEBERMAN: Hold on. We're at the end of the 2:00 p.m. We do have something we could do.
COMMISSIONER PARRISH: I want a point of order.
MAYOR LIEBERMAN: Excuse me.
COMMISSIONER PARRISH: You can't reconsider with half the audience gone.
MAYOR LIEBERMAN: Excuse me, excuse me, you've not been recognized. I didn't recognize you for your point of order. You're out of order. Calm down. Would we be better continuing this discussion? We can simply - the reconsideration is in front of us. We could continue this to next Tuesday and you could put it on that agenda.
COMMISSIONER WASSERMAN-RUBIN: There you go.
MAYOR LIEBERMAN: Mr. Dion? We can continue this.
MR. DION: You can make it a part of the public hearing next Tuesday morning.
MAYOR LIEBERMAN: Okay. So then the appropriate motion would be to continue this discussion. We're not vote on any --
COMMISSIONER PARRISH: We can go ahead and let him change his vote and go ahead and stick to ours.
MAYOR LIEBERMAN: We're not - excuse me. Lori, please.
VICE MAYOR JACOBS: I don't think you'd have a majority still.
MAYOR LIEBERMAN: Okay. Here are the two options. The options are you can change the dollar number today to any number that you want to pick or we can continue the public hearing till next Tuesday which means we don't have to readvertise and you can get your information back, Commissioner Eggelletion, and we can approve a rate next Tuesday that can take effect next Tuesday. What's your pleasure.
COMMISSIONER EGGELLETION: Madam Mayor, I prefer doing it the right way, and the administrator has indicated that he would prefer to bring us back a range of prices next week. We can continue this till next week.
MAYOR LIEBERMAN: Okay.
COMMISSIONER EGGELLETION: Therefore, they will not have had their meters recalibrated. We can bring it back for a full discussion, having a week to study it, and I think that is better.
MAYOR LIEBERMAN: All right. Before -- I'm going to ask you -- hold your second on your motion to continue. I have Commissioner Parrish, Commissioner Gunzburger, Vice-Mayor Jacobs.
COMMISSIONER PARRISH: I don't object to changing and letting Commissioner Eggelletion change his vote. I don't object to that. But we had a motion to do the Dade County rate and we had a motion for this. Commissioner Wasserman-Rubin made the Dade County rate which is probably more in line with what Commissioner Eggelletion wishes he had voted for. So he can change his vote and support her.
But the problem is we had a public hearing. A whole bunch of people took the day off from work and came here, and then so they're under the impression -- they leave here. Now how do we notify them not to go change their meters and go do all those things. See, that's not your job. We made a decision at a public hearing and we did that. In order to do anything different than that, I think that's wrong because it was a public hearing. We did it by motion order, and half of our audience left. I think it is unfair. I'm willing to let you change your vote, but I'm not going to change mine because I think what we did is we have violated the spirit of a public hearing. You can't change -- you can change your vote, side with Diana, but the majority stands because all these other people, it's not fair to them.
MAYOR LIEBERMAN: Okay. Commissioner Gunzburger, you've not been recognized, Commissioner Eggelletion.
Commissioner Gunzburger.
COMMISSIONER GUNZBURGER: Commissioner Parrish said almost everything I thought. You know, how do I know that half the people that left, because we passed it, are not going out and changing their meters. This is unfair. We took an action, and I don't think it's right to change it now. I do not want another public hearing on this next week.
COMMISSIONER PARRISH: (Inaudible.)
MAYOR LIEBERMAN: Then you'll vote no on the motion.
Mr. Desjarlais.
MR. DESJARLAIS: Thank you, Mayor. Commissioners --
MAYOR LIEBERMAN: Mr. Desjarlais.
MR. DESJARLAIS: Let me give you a piece of information just to consider. I'm told by this lady (indicating) that before the taxi rate meters can be changed by those who do that, they must receive a fax from us telling them what the rate is so they can't go have their meter -
COMMISSIONER PARRISH: Well, maybe we'll just change Mediterranean Shipping now that they've walked out. You can't do this, Joe.
MAYOR LIEBERMAN: Lori, you've not been recognized. I asked you to please let us get through the meeting. I have Mr. Desjarlais, and after he's finished, I have the Vice Mayor, and then I have Commissioner Rodstrom.
MR. DESJARLAIS: The meters cannot be recalibrated until they receive a fax from us.
MAYOR LIEBERMAN: Okay, thank you.
Vice Mayor.
VICE MAYOR JACOBS: I would urge us that if for some reason and it is documented and we can justify it, what the increase is for, and when we come back from recess, they could change the meter again. Now, I think if for us to support the motion that was made previously before everyone left these chambers, they all have an expectation, now do you think when we come back from break if they think that we might increase it they're going to be unhappy about that? I don't think that they are. The issue for me is when they do come back from break, if this is, in fact, what we do, I understand from staff that they were originally recommending a three percent and because of gas prices, they increased it to a six percent increase.
Now, we're playing with numbers fast and furious here. We have no idea upon what issues Miami-Dade's increases were based. Ours needs to be based on something. There must be some justification. I can't support this arbitrary tossing around a menu of things that you'll put out and we'll pick it when we come back from vacation. Based on what? There's got to be an injection of reality here when we go to look at what the real rate is going to be. So my motion would be to approve that which we've already approved earlier today and -
COMMISSIONER PARRISH: Second.
VICE MAYOR JACOBS: - which all of us here in chambers thought we did. When we come back from break, this should sustain over the next four or five weeks. When we come back from break, staff can come back for a new justified recommendation for if it should be increased and we'll vote on it then.
MAYOR LIEBERMAN: Commissioner Rodstrom.
COMMISSIONER RODSTROM: My question was: What changed from the time we made this decision until now? Did we learn something new?
COMMISSIONER EGGELLETION: Do you want me to tell you?
COMMISSIONER RODSTROM: Yeah, what changed.
MAYOR LIEBERMAN: You're recognized.
COMMISSIONER EGGELLETION: I'm sorry, Mayor. I apologize. I'll tell you what changed. I was looking at a sheet of paper that had a proposed rate per mile of 2.75, and, therefore, I proposed -- and I looked at Dade's that was 2.70. So I thought that I was offering something in between the two. As it turned out, what I was really offering was just the 50 cent base charge increase, and that's not what I wanted to do. I wanted to add a per mile increase to the overall rate, Commissioner Rodstrom, so I admit that I made a mistake, excuse me, of what I was looking at.
COMMISSIONER RODSTROM: When I heard your comment, you said take it to, what was it 2.50.
COMMISSIONER PARRISH: 3.25.
COMMISSIONER RODSTROM: I'm sorry, I thought you said take it to 3.25 and leave everything else the same. I thought that's what you said.
COMMISSIONER EGGELLETION: That's exactly what I said.
COMMISSIONER RODSTROM: You were just reading off the wrong sheet.
COMMISSIONER EGGELLETION: That was an error. Yeah, I was reading off the wrong sheet and I was in error and I apologize, Commissioner Parrish, for the confusion. And, Commissioner, you know, what you're saying is not out of line, I mean, but reconsiderations are a part of Robert's Rule for a reason. When you make an error, it gives you an opportunity to correct it.
COMMISSIONER RODSTROM: Can I just ask one more question of the maker of the motion that turned out to be the main motion but didn't know it at the time, what would your compromise have been had you -- where were you?
COMMISSIONER EGGELLETION: I would have been more in line with the Miami rate, but I don't want to go that high. I wanted to go somewhere in the neighborhood of 3.50 and 2.20, somewhere in that neighborhood.
COMMISSIONER PARRISH: 2.20.
COMMISSIONER EGGELLETION: But I agree, Commissioner Rodstrom, and I don't know where my other colleagues want to go on this, but I think the Administrator made a very good compromise here, and what he said is that if we stay with where you are, you just bring this back next Tuesday as the County Attorney has said, he can give us some numbers on the range of what it will be and how those numbers will affect -- I think, in all due respect, I think that's the best way to do it, because I think it gives people like Commissioner Jacobs, people like yourself and others the comfort level that the number we wind up with is based on something of fact as opposed to pulling something out of the air.
MAYOR LIEBERMAN: Thank you. There are two options in front of the board. You have Commissioner Eggelletion's motion to continue this meeting -- this hearing until next Tuesday at which point Mr. Desjarlais will bring back a range of options based on staff's analysis. I believe Commissioner Scott was the seconder of Commissioner Eggelletion's -- no, Commissioner Wasserman-Rubin, were you the seconder? I apologize. We have Commissioner Wasserman-Rubin seconding that motion.
We have a motion by Vice Mayor Jacobs. Seconded by Commissioner Parrish to approve the rates as initially approved and to ask the County Administrator to bring back after summer break some time when we notice a public hearing if he feels there's any adjustment in the rate necessary at the time.
COMMISSIONER PARRISH: Only if he feels it.
MAYOR LIEBERMAN: Okay. So the substitute motion will come first. The Vice Mayor's motion would come first.
All those in favor of the Vice Mayor's motion to approve the original rate and bring this issue back after summer vacation --
COMMISSIONER PARRISH: If necessary.
MAYOR LIEBERMAN: - if necessary signify by saying aye.
All those opposed.
Okay. One, two, three, four. So the motion passes 5 to 4 with Commissioners Gunzburger, Parrish, Rodstrom, Vice Mayor Jacobs, and Commissioner Scott voting for those rates and Commissioners Eggelletion, Wasserman-Rubin, Graber, and myself voting no.
VOTE PASSES 5 TO 4 WITH MAYOR LIEBERMAN, COMMISSIONERS EGGELLETION, WASSERMAN-RUBIN AND GRABER VOTING NO.
MAYOR LIEBERMAN: So your motion to continue would be out of order.
COMMISSIONER PARRISH: May I.
MAYOR LIEBERMAN: Yes, Commissioner.
COMMISSIONER PARRISH: I'd like -- because Robert's Rules also provide that the record can reflect my vote was because I believe once you close a public hearing and you lose a portion of your audience, in order to reconsider is inappropriate, because I watched for years pro development commissioners do the same thing that residents leave, and then do a variety -- and I'm not willing to start that over again with anything. It's like you open up Pandora's box and you open it.
VICE MAYOR JACOBS: Madam Mayor.
MAYOR LIEBERMAN: Yes, Vice Mayor.
VICE MAYOR JACOBS: May I ask also, if staff decides if it is justified to bring this back, Mr. Desjarlais, I would like some look into senior citizens on fixed income who are utilizing taxi cabs, to get themselves around and what the impact of those changes to the increases would be, if you do come back with an increase, I'd like to know how it's going to effect the senior population.
MR. DESJARLAIS: If we can capture that information for you, we will.
VICE MAYOR JACOBS: Okay.
MAYOR LIEBERMAN: Commissioner Graber.
COMMISSIONER GRABER: I'd also like to add what total deregulation of the rates would also mean, so if you could give us information on that, totally deregulate the rates.
MR. DESJARLAIS: Just deregulate the rates.
COMMISSIONER RODSTROM: And the medallions.
COMMISSIONER GRABER: You can do it any way or both.
MR. DESJARLAIS: Mayor.
MAYOR LIEBERMAN: Okay, Commission. Has your question been answered?
Mr. Desjarlais, you have the will of the board?
MR. DESJARLAIS: I sort of do, yes, I do but now I'm questioning whether or not we can have that ready by this time next week.
MAYOR LIEBERMAN: Well, no, we didn't continue it. We approved -
COMMISSIONER GRABER: No, August.
MR. DESJARLAIS: August, sorry.
MAYOR LIEBERMAN: We approved after summer break 5 to 4.
COMMISSIONER GRABER: Can you read the motion again?
MAYOR LIEBERMAN: Yeah. The motion was the Vice Mayor moved. Seconded by Commissioner Parrish that we go back and we approve the rates that we had previously approved and that the county administrator over summer break look at the range of options and the issues and if you feel a rate increase is justified, to bring it back.
MR. DESJARLAIS: I'm there now. Thank you.
MAYOR LIEBERMAN: That's the motion that passed 5 to 4. Diana we already voted. We already voted.
COMMISSIONER WASSERMAN-RUBIN: What's the difference?
COMMISSIONER PARRISH: Because we already passed it.
MAYOR LIEBERMAN: But this was her motion. Okay. This completes our 2:00 p.m. agenda. The 2:00 p.m. meeting is adjourned.
(COMMISSIONER WASSERMAN-RUBIN LEFT THE ROOM.)
(THE MEETING ADJOURNED AT 5:51 P.M.)
(THIS IS NOT A VERBATIM TRANSCRIPTION OF THE MINUTES.)
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