Broward County Commission Regular Meeting - January 28, 2025

The Broward County Commission convened on Tuesday, January 28, 2025, at 10:08 AM, recessed at 12:34 PM, reconvened at 1:27 PM, and adjourned at 6:13 PM. All nine commissioners were present, with Commissioners Davis and Rich participating telephonically for portions of the meeting. The meeting covered a lengthy agenda including consent items, quasi-judicial hearings, public hearings on the Property Assessed Clean Energy (PACE) program, and four related items concerning the Monarch Hill landfill expansion.

Consent Calendar

• The board approved the Consent Agenda (Items 1–51) plus items transferred from the Regular Agenda (Items 63, 64, 65, 67, 68, 69, 70) with a single motion. All votes were unanimous (9–0 where recorded). Key actions included:
• Appointments and reappointments to various boards (e.g., Performing Arts Center Authority, Consumer Protection Board, Homeless Continuum of Care Board, Racial Equity Task Force, School Oversight Committee).
• Termination for convenience of a software agreement with Convergint Technologies LLC for the Aviation Department.
• Approval of a $19,741 funding increase for Women in Distress of Broward County, Inc. for shelter and essential services, raising the maximum to $49,741.
• Authorization for Port Everglades to execute Memoranda of Agreement with U.S. Customs and Border Protection for replacement equipment at five cruise terminals, with total initial equipment costs not to exceed $1.747 million and annual O&M costs of about $41,530.
• Approval of Public Transportation Grant Agreement with FDOT for modular security server racks (total project $14,000, FDOT grant $10,500).
• Acceptance of the Greater Fort Lauderdale Alliance Quarterly Performance Report for Q4 FY2024.
• Approval of multiple emergency management grants: $8,713 for hazmat data update, $105,806 for emergency management preparedness, $310,515 for performance grant (requiring dollar-for-dollar match), and $364,325 for Urban Area Security Initiative.
• Budget resolutions transferring $289,701 and $81,467 from Law Enforcement Trust Fund for Broward Sheriff's Office equipment.
• Appointments to the Broward Regional EMS Council (Samantha Whitehorne and Dr. Mario Gomez).
• Resolutions to set public hearings for February 11, 2025 on Land Use Plan amendments, a drainage easement vacation, and Cone of Silence ordinance amendment.
• Approval of temporary beach access agreements for Shore Protection Project with six municipalities.
• Grant agreement of $8,644 from Community Foundation of Broward for Animal Care “Get Tipped” spay/neuter program.
• Interlocal Agreement with Coconut Creek for representation at Minimum Housing/Unsafe Structures Board.
• Approval of $94,579 EPA grant for Particulate Matter Monitoring, $52,500 SFWMD cost-share for NatureScape Irrigation Service (with $26,250 county match), and a revocable license agreement with Miramar for air monitoring site.
• Approval of updated Broward County Climate Change Action Plan (2025).
• Funding agreement with 1055 N Federal, LLC for up to $5,450,000 to facilitate 365 mixed-income dwelling units in Fort Lauderdale.
• Budget resolutions appropriating $1,233,768 in SHIP program income and amending closeout budgets.
• Hurricane Loss Mitigation grant of $250,000 from State Division of Emergency Management.
• Approval of joinder to access easement for City Place Apartments, Dania Beach.
• Third amendment to agreement with Wells Fargo for banking services (two-year extension, estimated $690,000), and second amendments for credit card services (estimated $835,000 in revenue).
• Summer Youth Experience Program agreement with CareerSource Broward through September 30, 2029.
• Technology agreements for e-Discovery solution with Liquid Litigation Management and IQ Business Group (each up to $500,000).
• Sole source agreement with ESO Solutions for Fire Records Management System ($2,472,000 maximum).
• Sole source designation for FLIR ITS detection equipment and open-end contract with Control Technologies ($1,470,318 initial year, five-year potential $7,351,590).
• Award to PVS Technologies for ferric chloride ($310,300 initial year, five-year $1,642,850).
• Escheatment of lands available for taxes and cancellation of stale/voided warrants.
• Quasi-judicial consent: approval of non-vehicular access line amendments, plat note amendments, and new plats (Items 35–40).
• Acknowledgement and filing of County Auditor reports: follow-up on Keolis Transit Agreement (Report 25-05), surtax-funded municipal project audit (West Park SW 25th Street, Report 25-06), and Broward Bridge Scholarship Program audit (Report 25-07).
• Amendment to 2025 Commission Meeting Calendar.
• Authorization for County Administrator to approve event sponsorships (amended motion statement adopted).
• Approval of Jeremy Jarvis’s design for Convention Center Public Art Project (not to exceed $120,000).
• Appointments to HIV Health Services Planning Council, Racial Equity Task Force, and other boards (Items 47–51).

Public Comments & Testimony

• Item 61 (PACE program): Seven public speakers testified. Representatives of PACE providers (Rachel Hobbs, Chris Peterson, Jennifer Rojo Suarez, Mark Sheffel, Bernie Freeman, Neil Schiller, Nick Matthews) generally supported the proposed amendments (substitute 1B and 1C) but requested additional time (60–90 days) to operationalize changes. They expressed concern about late-substitute amendment 1B. Two residents, Indra Suku and Fimata Suku, testified about negative experiences: alleged contractor fraud, unauthorized placement of large assessments ($60,000) on property tax bills leading to financial hardship, and difficulty resolving issues.
• Items 57–60 (Monarch Hill landfill expansion): Thirty-seven public speakers signed up. Speakers included elected officials from Deerfield Beach, Coconut Creek, Sunrise, and others, as well as residents. The overwhelming majority opposed the expansions, citing environmental concerns (groundwater contamination, PFAS, methane), health impacts (cancer, asthma), lack of transparency, the need to wait for the Solid Waste Authority master plan, and the belief that the county should prioritize recycling and waste reduction. Some criticized the staff presentation as favoring waste management. A few speakers (e.g., Eric Power, Rodney Brimlow, commissioners from Deerfield Beach and Coconut Creek) detailed specific objections including inadequate community protections, traffic impacts, and the age of the liner. Two residents—a nine-year-old girl and a poet—pleaded for the landfill not to be expanded. The mayor of Sunrise, Mike Ryan, requested deferral to allow the Solid Waste Authority to complete its master plan, suggesting 60–90 days could provide a recommendation. The mayor of Southwest Ranches suggested a 90-day deadline for the Authority to give input on the 24-acre land use.

Discussion Items

• Item 22 – Climate Change Action Plan (2025): Pulled from consent by Mayor Furr. Commissioners thanked staff and the Climate Change Task Force. Approved unanimously.
• Item 43 – Broward Bridge Scholarship Program Audit: Vice-Mayor Bogen highlighted the program's success in helping low-income students bridge financial gaps; only about $45,000 remains. Commissioners expressed support for potential budget revisit.
• Item 61 – PACE Program Amendments: Extensive discussion. Commissioner Geller proposed substitute amendments 1A–1C. Substitute 1B strengthened price due diligence by requiring sworn contractor statements (instead of attestations) and use of industry pricing tools (e.g., exactimate, RSMeans) or showing internal work. It also changed the fair market value determination from using automated valuation models (AVMs) to using just value (property appraiser's market value) to be more conservative. Substitute 1C changed the effective date from February 28, 2025 to March 31, 2025 (60 days from original date). Mayor Furr proposed Amendment 2 to remove AVM options entirely; after debate, the majority agreed to keep AVMs but use just value. Staff proposed amendments 3A (striking internal cost estimates as a pricing tool) and 3B (requiring a cost-value review if project cost exceeds 15% of just value). Commissioner Geller opposed 3B, arguing “return on investment” is not applicable for most repairs. Commissioner Udine suggested requiring a disclosure and right of rescission for projects over a threshold. The board ultimately voted to adopt Geller's substitute 1B and 1C (with 60-day effective date), and directed staff to incorporate a disclosure and right of rescission via the PACE Interlocal Agreement rather than in the ordinance. Amendments 3A and 3B were not adopted. The final vote on 61B was 9-0.
• Item 66 – Direction to Draft Repeal of PACE Act: Commissioner McKinzie moved to direct the County Attorney to draft items to repeal the Broward PACE Act, terminate existing interlocal agreements, and deauthorize PACE administrators except where authorized by municipalities. He specifically cited concerns about the BMSD neighborhoods and property tax implications. The motion passed 8-1, with Commissioner Rich voting no.
• Items 57–60 – Monarch Hill Landfill Expansions (continued from Nov. 12, 2024): Heard concurrently. Presentations by waste management (Bill Lacroix, Chris Carey, Elizabeth Fowler) emphasized the need for capacity, offering voluntary commitments including ceasing municipal solid waste by 2027, a host fee (~$5.5M/year), a purchase option on 24 acres, organic composting solution, and a greenhouse gas reduction facility. County administration (Kevin Kallaher) and County Attorney Andrew Meyers provided analysis, stressing the statutory obligation to maintain disposal capacity and the risk of increased costs and loss of favorable terms if delayed. Commissioners debated timing: Commissioner Fisher, Udine, Bogen, and others expressed desire for more information from the Solid Waste Authority. Commissioner Geller questioned the rush, noting only 14% of county waste goes to Monarch Hill and the landfill has about six years of capacity. Commissioner Bogen argued the county could use its own landfill for emergencies and that seepage, though within federal standards, exists. The public overwhelmingly opposed. After extensive discussion, the board voted to continue Items 57, 58, 59, and 60 to the February 25, 2025 meeting at 10:00 AM, to allow input from the Solid Waste Work Group and attendance of consultants. The vote was 9-0.
• Item 73 – Direction to Ensure Landfill Capacity at Broward County Landfill: Introduced as supplemental by Vice-Mayor Bogen. He sought direction to staff to take actions to permit all available capacity at the county landfill for contingencies. Commissioner Rich and others opposed, citing lack of notice and appropriateness given the ongoing Solid Waste Authority process. After discussion, the board voted to defer the item indefinitely, with Commissioner Rich requesting the deferral. Vote 8-0.
• County Administrator's Report – Federal Funding Pause: Monica Cepero reported on a temporary pause in federal grants and loans announced by the President. A federal judge later issued an injunction on the pause for open grants. She assured the board staff is monitoring the situation, which could impact about $125 million in grants in the current budget. Several county programs (human services, transit, homeless assistance, CDBG) may be affected, but no immediate impact on county employment.

Key Outcomes

• Consent Agenda: Approved unanimously as amended (including transfers).
• Climate Change Action Plan (2025): Approved 9-0.
• Broward Bridge Scholarship Program Audit: Acknowledged and filed, with interest in revisiting funding at budget time.
• PACE Ordinance Amendments (Item 61): Enacted Ordinance 2025-04 (9-0) with substitute amendments 1B and 1C (60-day effective date, March 31, 2025). Staff directed to add consumer disclosure/right of rescission in PACE Interlocal Agreement.
• Direction to Draft Repeal of PACE Act (Item 66): Approved 8-1, Commissioner Rich opposed.
• Monarch Hill Landfill Items (57–60): Continued to February 25, 2025, at 10:00 AM, to allow Solid Waste Work Group input and consultant attendance (9-0).
• Broward County Landfill Capacity Direction (Item 73): Deferred indefinitely (8-0).
• Board Appointments: All appointments and reappointments approved.
• Other Motions: All consent items, public hearing items 52–56 and 62, and regular agenda items (including those transferred to consent) were approved as noted.