Broward County Commission Regular Meeting
Director's Name: Jonathan Daniels
Department: Port Everglades Division: Business Administration
Information
Requested Action
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MOTION TO ADOPT Resolution No. 2020-536 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, November 10, 2020, at 10:00 a.m. in the County Commissioners' Meeting Room (Room 422), Governmental Center, 115 South Andrews Avenue, Fort Lauderdale, Florida, to consider the application of Lehigh Hanson Cement South LLC for the granting of the renewal of a nonexclusive franchise for a ten-year term, retroactively commencing on May 21, 2020, through May 20, 2030, to provide stevedore services at Port Everglades.
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Why Action is Necessary
Public hearing is required pursuant to Chapter 94-429, Laws of Florida, and Section 32.22.a of the Broward County Administrative Code. Franchises are granted pursuant to Chapter 32 of the Broward County Administrative Code.
What Action Accomplishes
It allows a public hearing date to be set and notices to be published twice in local newspapers.
Is this Action Goal Related
Yes
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners' ("Board") Value of "Ensuring economic opportunities for Broward's diverse population and businesses" and the Goal to "Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs."
On May 7, 2019 (Item No. 59-PH), the Board granted renewal of a nonexclusive franchise to Lehigh Hanson Cement South LLC ("Lehigh") f/k/a Continental Florida Materials Inc., to provide stevedore services at Port Everglades for a term of six months, from May 21, 2019, through November 20, 2019, with an option for the Port Director to extend the franchise for an additional six months. The Port Director executed the extension of the franchise on November 19, 2019. This action allowed Lehigh to continue operating at Port Everglades while simultaneously settling an administrative proceeding with the County for alleged cement dust emissions at Port Everglades (NOV19-0004) (“Administrative Proceeding”). Since the Administrative Proceeding was not complete when the franchise expired on May 20, 2020, the franchise was administratively extended until the Administrative Proceeding was completed. On September 22, 2020 (Item No. 13), the Board authorized the Office of the County Attorney to execute and file a Joint Motion for Agreed Final Order providing for settlement of the Administrative Proceeding. Lehigh, without admitting to the alleged violations, has executed the Joint Motion.
Staff has reviewed the stevedore franchise renewal application against the enumerated renewal criteria set forth in Chapter 32 of the Broward County Administrative Code. Staff's due diligence included corresponding with Lehigh's representative to clarify franchise requirements and reviewing Lehigh's corporate status, resumes of executive staff and list of managerial personnel, business history/experience, litigation history, insurance, financial documents and creditworthiness, discharge of previous financial obligations to County, compliance with all franchise terms and conditions and established rules and regulations of the County, required licenses and certificates, company programs and policies, list of equipment to be used at Port Everglades, statement of intended activities and actions indicating that Lehigh has maintained a favorable service performance record at Port Everglades during the term of the franchise, and that it has promoted and developed growth in the business activities, projects, or facilities of Port Everglades. Lehigh's safety and environmental history was also reviewed, and infractions are documented in Section Q of the application. No false or misleading information was submitted as part of the franchise renewal application. Lehigh has, through the submission of the signed franchise renewal application, agreed to comply with all franchise conditions set forth in Section 32.24 of the Broward County Administrative Code.
Based on the review of information provided in the franchise renewal application, staff has determined that Lehigh meets the criteria for renewal of the stevedore franchise. Stevedore franchises may be granted for any period of time up to ten years. Past practice has been for staff to recommend granting the renewal of a stevedore franchise for a term of ten years. Accordingly, staff is recommending that the franchise be renewed for a ten-year term. The complete application and supporting documents are on file in the Port Everglades Business Administration Division.
Source of Additional Information
Jorge Hernández, Director, Business Administration Division, Port Everglades Department, (954) 468-3501
Angela Osorno Belleme, Franchise Manager, Business Administration Division, Port Everglades Department, (954) 468-0112
Fiscal Impact
Fiscal Impact/Cost Summary
Lehigh Hanson Cement South LLC, has paid the required annual franchise fee of $4,000 and will pay an additional $36,000 in annual franchise fees over the term of the franchise, for a total of $40,000.