Broward County Commission Meeting - January 28, 2025

The Broward County Board of County Commissioners met on Tuesday, January 28, 2025, at 10:08 AM in Room 422 of the Governmental Center East. The meeting recessed at 12:34 PM, reconvened at 1:27 PM, and adjourned at 6:13 PM. Mayor Beam Furr presided. Commissioners present: Vice-Mayor Mark D. Bogen, Lamar P. Fisher, Steve Geller, Robert McKinzie, Nan H. Rich, Hazelle P. Rogers, Alexandra P. Davis, and Michael Udine. Commissioners Davis and Rich participated telephonically for a portion of the Regular Agenda. The agenda covered Consent Agenda items, Public Hearings, and Regular Agenda items, including significant discussion on the Property Assessed Clean Energy (PACE) program, landfill capacity, and various board appointments.

Consent Calendar

• Items 1 through 51 were approved in a single motion, with the exception of Items 22 and 43 which were pulled for separate discussion. Items 63, 64, 65, 67, 68, 69, and 70 were transferred to the Consent Agenda at the Mayor's request. All consent items passed unanimously (8-0, with Commissioner Davis inaudible).
• Item 22: Climate Change Action Plan (2025) – Pulled by Mayor Furr. The plan, developed by the Resilient Environment Department and the Climate Change Task Force, was approved unanimously as a comprehensive blueprint for the county's future.
• Item 43: Broward Bridge Scholarship Program Audit – Pulled by Vice-Mayor Bogen. The program provides gap funding for low-income students to attend college. The audit was acknowledged and filed; approximately $48,000 remains. Vice-Mayor Bogen expressed intent to revisit funding during budget time. The motion to acknowledge and file passed 8-0.

Public Comments & Testimony

• Item 61 (PACE Program): Seven members of the public spoke.
  • Rachel Hobbs (Home Run Financing) supported the program but requested additional time (90 days) to operationalize changes from substitute amendment 1B.
  • Chris Peterson (Pace Financial) supported substitute 1B and 1C, suggesting 60 days for implementation.
  • Jennifer Rojo Suarez (Renew Financial) supported the substitute amendments but opposed other amendments (1A2, 3A, 3B). Requested 90 days.
  • Mark Sheffel (YGreen Energy Fund) supported the substitute and asked for 90 days, stating the program is an important option for constituents.
  • Bernie Freeman (YGreen Energy Fund) emphasized consumer protections and supported Senator Geller's substitute, requesting 90 days for software updates.
  • Neil Schiller (Government Law Group) urged adoption of the substitute and amendments, asking to let the new state and local consumer protections work before making further changes.
  • Two residents (Indra Suku and Fimata Suku) spoke against the PACE program, describing experiences where contractors placed unauthorized liens on their property taxes, causing financial distress. They requested removal of the program or help with their tax bills.
• Item 66: No additional public speakers were identified; the public speakers from Item 61 were considered done.
• Item 73: No public speakers noted.

Discussion Items

• Item 61: PACE Program Amendments (Parts A and B) – The commission held extensive debate on amendments to the Broward PACE Act. Senator Geller proposed substitute amendments 1B (requiring sworn contractor statements and use of industry pricing tools like Exactimate, with program administrator responsibility for price due diligence) and 1C (extending the effective date). Mayor Furr proposed Amendment 2 to remove automated valuation models (AVMs) as a method for determining fair market value, but after discussion, the commission leaned toward retaining AVMs. Staff proposed amendments 3A (striking internal construction cost estimates) and 3B (requiring cost-value assessment for projects exceeding 15% of just value), but these were not adopted. Commissioner Udine offered a friendly amendment requiring additional consumer disclosures (right to two quotes, right to rescind) for projects above a threshold. This was incorporated into the passed motion. The final vote (9-0) approved substitute 1B as amended, and 1C with an effective date of March 31, 2025 (60 days from the meeting).
• Item 66: Repeal of the Broward PACE Act – Commissioner McKinzie moved to direct the County Attorney to draft ordinance and resolution items to repeal the PACE Act, terminate interlocal agreements, and deauthorize PACE administrators except where municipalities expressly authorize. After debate, the motion passed 8-1 (Commissioner Rich voted no). Commissioner McKinzie cited concerns about predatory lending and tax delinquency rates (1.5% for regular taxes vs. 8% with PACE) and a desire to protect vulnerable neighborhoods in the Broward Municipal Services District (BMSD).
• Item 73: Landfill Capacity – Vice-Mayor Bogen initially proposed directing staff to take actions to ensure landfill capacity at the Broward County Landfill for contingencies. The item was tabled after discussion and later deferred indefinitely at 5:51 PM, with a vote of 8-0 (Commissioner Rich telephonically affirmative).
• Public Hearings (Items 52-56 and 57-60) – Items 52-56 were approved unanimously after brief discussion. Items 57-60 (relating to the Monarch Hill Landfill expansion and waste limitation) were continued to the February 25, 2025 meeting to obtain input from the Solid Waste Work Group and allow consultant attendance. The continuations passed 9-0.
• Non-Agenda Items (Items 74-82): Commissioners reported on community events (Black Excellence Parade, Reggae Genealogy), an online community/clergy event with over 70 participants, transportation challenges for veterans seeking healthcare, Children's Week participation, a Microgrant Program success, the Nova Festival, Visit Lauderdale initiatives, birthdays, and a Fort Lauderdale trip to Washington D.C.

Key Outcomes

• Approved Climate Change Action Plan (2025) – Unanimous, to serve as a blueprint for reducing carbon emissions and strengthening resilience.
• Approved PACE Program Amendments – Passed 9-0: Substitute 1B (sworn contractor statements, pricing tools, program administrator responsibility) and 1C (effective date extended to March 31, 2025).
• Directed Repeal of PACE Act – Passed 8-1: County Attorney instructed to draft items to repeal the PACE Act, terminate interlocal agreements, and deauthorize PACE administrators except where municipalities opt in.
• Deferred Landfill Capacity Item – Indefinitely deferred, 8-0.
• Continued Landfill/Waste Limitation Hearings – Items 57-60 continued to February 25, 2025, 9-0.
• Approved Numerous Board Appointments and Budget Resolutions – Including appointments to the Consumer Protection Board, Educational Facilities Authority, Homeless Continuum of Care Board, Broward Regional Health Planning Council, Children's Services Board, Advisory Board for Individuals with Disabilities, Racial Equity Task Force, School Oversight Committee, HIV Health Services Planning Council, Climate Change Task Force, Broward Cultural Council, and others, with conflict waivers where applicable.
• Acknowledged and Filed Audit Reports – Item 41 (Keolis Transit Services audit), Item 42 (Surtax-funded municipal transportation project audit), Item 43 (Broward Bridge Scholarship Program audit) – all approved.
• Approved Consent Agenda – 51 items and additional transfers, including aviation, human services, port, emergency management, budget, procurement, cultural, and administrative items.
• Approved Resolutions for Public Hearings – Regarding land use plan amendments, drainage easement vacation, Cone of Silence amendments, and administrative code changes.
• Approved Ordinances – Landlord registration streamlining (Ordinance 2025-01), Housing Council (Ordinance 2025-02), Tourist Development Council membership (Ordinance 2025-03), and PACE Act amendments (Ordinance 2025-04).
• Mayor's Report Highlights – Canvassing Board preparations for March 11 election; upcoming workshops on vulnerability assessment (Feb 4) and bridge/tunnel projects (Feb 11).
• County Administrator's Report – Addressed the impact of a temporary pause in federal funding.
• Board Workshop Scheduled – Vulnerability Assessment workshop on February 4, 2025.