Legislative Survey
FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Tuesday, May 20, 2008
As Advertised
Commission Chambers
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Members Present: Barbara J. Jordan; Dorrin D. Rolle; Audrey M. Edmonson; Sally A. Heyman; Bruno A. Barreiro; Rebeca Sosa; Carlos A. Gimenez; Katy Sorenson; Dennis C. Moss; Joe A. Martinez; Jose "Pepe" Diaz; Natacha Seijas
Members Absent: None
Members Late: None
Members Excused: None
Members Absent County Business: Sen. Javier D. Souto

         
1 MINUTES PREPARED BY  
  REPORT: Scott Rappleye, Commission Reporter, (305) 375-5108  
1A MOMENT OF SILENCE  
  REPORT: Chairman Barreiro called the meeting to order at 9:57 a.m. The Commission convened in a moment of silence followed by the Pledge of Allegiance.  
1B PLEDGE OF ALLEGIANCE  
1C ROLL CALL  
  REPORT: Honorable Mayor Carlos Alvarez was present, as well as the following staff members: County Manager George Burgess, Assistant County Manager Ysela Llort, Senior Advisor to the County Manager Cynthia Curry, Special Assistant to the County Manager Jennifer Glazer-Moon; County Attorney Robert Cuevas, First Assistant County Attorney Abigail Price-Williams, Assistant County Attorneys Lee Kraftchick, Oren Rosenthal, James Kracht, Hugo Benitez, Terrence Smith, and Cynthia Johnson-Stacks; and Deputy Clerks Kay Sullivan, Diane Collins, and Scott Rappleye.  
 
1D REPORTS OF OFFICIAL BOARDS  
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1F MOTION TO SET THE AGENDA AND "PULL LIST"  
  REPORT: County Attorney Robert Cuevas advised that in addition to the County Manager’s memorandum entitled, “Changes for the May 20, 2008 BCC meeting,” the following additional changes were requested: that Agenda Items 11A5, 11A6, and 11A7 be added; that Agenda Item 14A11 be deferred to September 2, 2008; and that Commissioner Sosa be listed as a co-sponsor to Agenda Items 5D and 5G. He pointed out the County Commission would have to recess and convene as the Board of the West Perrine Community Redevelopment Agency to consider Agenda Items 17A1 and 17A2. County Attorney Cuevas noted the Mayoral Appointment in Agenda Item 2B1 and the agenda items set for time certain on the Order of the Day would not be adopted with the motion to set the Agenda. He pointed out Agenda Item 14A13 was an Ordinance for First Reading.

It was moved by Commissioner Diaz that the Commission approve the foregoing changes to the May 20, 2008, meeting Agenda with the changes listed in the County Manager’s memorandum and the additional changes requested by the County Attorney. This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed 12-0 (Commissioner Souto was absent).
 
1G OFFICE OF COMMISSION AUDITOR  
1H OFFICE OF INTERGOVERNMENTAL AFFAIRS  
1I SPECIAL PRESENTATIONS  
1I1  
  080379 Special Presentation     Bruno A. Barreiro        
  PRESENTATION BY BILL TALBERT TO UPDATE THE BOARD OF COUNTY COMMISSIONERS ON TOURISM INDUSTRY INITIATIVES Presented
  REPORT: Mr. Gene Prescott, Chairman, Greater Miami Convention & Visitors Bureau, expressed appreciation to the County Commission for their support. He pointed out 2007 was a record year for Tourism in the County. He noted the Summer Season was approaching and the Greater Miami Convention & Visitors Bureau had some additional summer programs and promotions.

Mr. Prescott presented a plaque of appreciation to the County Commission.
 
1I2  
  081513 Special Presentation     Bruno A. Barreiro        
  ORANGE BOWL COMMITTEE PRESENTATION Presented
  REPORT: A representative of the Orange Bowl Committee appeared before the Commission and expressed appreciation to the County Commission, the County Mayor, and the County Manager for their support of the Orange Bowl game. The Orange Bowl Committee provided each Commissioner, the Mayor and the County Manager with a replica helmet of the 74th FedEx Orange Bowl game that featured Kansas University and Virginia Tech. He pointed out the Orange Bowl Committee would host the 75th annual FedEx Orange Bowl game January 1, 2009, and the Bowl Championship Series National Championship game January 8, 2009.

Commissioner Diaz expressed appreciation to the Orange Bowl Committee for working closely with the Miami-Dade Sports Commission.
 
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2B1  
  081546 Report     Mayor        
  MAYORAL APPOINTMENT - PLANNING AND ZONING DEPARTMENT DIRECTOR Approved
Mover: Jose "Pepe" Diaz
Seconder: Katy Sorenson
Vote: 12 - 0
Absent: Souto
  REPORT: Mayor Carlos Alvarez announced he had appointed Mr. Mark LaFerrier to be the Director of the Department of Planning and Zoning and read his biography. Mayor Alvarez expressed appreciation to Mr. Subrata Basu for his service as the Interim Director of the Department of Planning and Zoning.

Following Mr. LaFerrier’s remarks regarding how he would approach his duties, Commissioners Sorenson, Moss, Jordan and Diaz welcomed him to the County Administration. They also expressed appreciation to Mr. Subrata Basu for his service as the Interim Director of the Department of Planning and Zoning.

Hearing no other questions or comments, the Commission proceeded to approve a vote of confidence in Mr. LaFerrier.
 
2B2  
  081559 Report     Mayor        
  APPROVAL OF DEPARTMENTAL AGENDA ITEMS Approved
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent, OCB: Souto
3 CONSENT ITEMS  
4 ORDINANCES FOR FIRST READING  
4A  
  081468 Ordinance     Dorrin D. Rolle        
  ORDINANCE AMENDING SECTION 30B-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ALLOWING FOR THE CONSUMPTION OF FOOD AND BEVERAGES AT TRANSIT STATION PLATFORMS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: June 11, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 11, 2008, Transit Committee, at 2:00 p.m.  
  5/14/2008 Deferred to next committee meeting by the Transit Committee  
4B  
  081447 Ordinance     Rebeca Sosa
Jose "Pepe" Diaz
       
  ORDINANCE CREATING MIAMI INTERNATIONAL AIRPORT NEIGHBORHOOD RELATIONS COMMITTEE; PROVIDING PURPOSE, MEMBERSHIP, PROCEDURE, POWERS AND DUTIES, STAFF; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: July 10, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the July 10, 2008, Airport and Tourism Committee, at 9:30 a.m.  
4C  
  081446 Ordinance   Rebeca Sosa        
  ORDINANCE CREATING AIRCRAFT NOISE ABATEMENT ADVISORY BOARD FOR MIAMI INTERNATIONAL AIRPORT; PROVIDING MEMBERSHIP, PURPOSE, PROCEDURES, POWERS AND DUTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: July 10, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the July 10, 2008, Airport and Tourism Committee, at 9:30 a.m.  
4D  
  081469 Ordinance   Sen. Javier D. Souto        
  ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CHANGE THE OFF STREET PARKING REQUIREMENTS FOR CHURCHES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: June 10, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 10, 2008, Government Operations and Environment Committee, at 9:30 a.m.  
4E  
  081388 Ordinance     Jose "Pepe" Diaz
Carlos A. Gimenez
Sally A. Heyman
Dennis C. Moss
Rebeca Sosa
Dorrin D. Rolle
Katy Sorenson
Sen. Javier D. Souto
       
  ORDINANCE PERTAINING TO ANIMALS; CREATING SECTION 5-21 AND AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY (THE ''CODE''); REGULATING THE TETHERING OF DOGS; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Animal Services) Adopted on first reading
Public Hearing: June 12, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 12, 2008, Health and Public Safety Committee, at 2:00 p.m.  
4F  
  081474 Ordinance     Joe A. Martinez        
  ORDINANCE AMENDING SECTION 2-8 INCREASING THE AUTHORITY DELEGATED TO AWARD AND REJECT MISCELLANEOUS CONSTRUCTION CONTRACTS DESIGNED TO PROVIDE OPPORTUNITIES FOR COMMUNITY SMALL BUSINESS ENTERPRISES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Amended
  REPORT: See Report Under Agenda Item 4F AMENDED, Legislative File No. 081757.  
4F AMENDED  
  081757 Ordinance   Joe A. Martinez        
  ORDINANCE AMENDING SECTION 2-8 INCREASING THE AUTHORITY DELEGATED TO AWARD AND REJECT MISCELLANEOUS CONSTRUCTION CONTRACTS DESIGNED TO PROVIDE OPPORTUNITIES FOR COMMUNITY SMALL BUSINESS ENTERPRISES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 081474] Adopted on first reading as amended
Public Hearing: No Date Certain
Mover: Joe A. Martinez
Seconder: Jose "Pepe" Diaz
Vote: 11 - 1
No: Jordan
Absent, OCB: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Martinez asked that this proposed ordinance be amended to include a provision that this proposed increase to the authority delegated to the County Manager to award and reject miscellaneous construction contracts designed to provide opportunities for community small business enterprises was for one year.

Hearing no other questions or comments, the Commission proceeded to vote on this proposed ordinance, as amended.

The Board adopted the foregoing proposed ordinance on first reading as amended and scheduled the public hearing before the June 10, 2008, Budget and Finance Committee, at 2:00 p.m.
 
4G  
  081528 Ordinance     Jose "Pepe" Diaz        
  ORDINANCE ESTABLISHING PROCEDURES FOR COUNTY EVALUATION, DEVELOPMENT AND PUBLICATION OF UNSOLICITED PROPOSALS FOR COUNTY CONTRACTS FOR THE CONSTRUCTION OF PUBLIC INFRASTRUCTURE; ESTABLISHING PROCESSING FEE; AMENDING SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: June 10, 2008
Mover: Jose "Pepe" Diaz
Seconder: Joe A. Martinez
Vote: 11 - 1
No: Sorenson
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 10, 2008, Budget and Finance Committee, at 2:00 p.m.  
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  080960 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS CHRISTIAN COVE MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works Department) Adopted
Ordinance 08-58
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
  4/22/2008 Adopted on first reading by the Board of County Commissioners  
  4/22/2008 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5A1  
  081052 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS CHRISTIAN COVE MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works Department) Adopted
Resolution R-569-08
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
5B  
  080959 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS REDLANDS COVE ESTATES STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works Department) Adopted
Ordinance 08-59
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
  4/22/2008 Adopted on first reading by the Board of County Commissioners  
  4/22/2008 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5B1  
  081054 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS REDLANDS COVE ESTATES STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO. (Public Works Department) Adopted
Resolution R-570-08
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
5C  
  081033 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works Department) Adopted
Ordinance 08-60
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
  4/22/2008 Adopted on first reading by the Board of County Commissioners  
  4/22/2008 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5C1  
  081505 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS GRAND BAY AT DORAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works Department) Adopted
Resolution R-571-08
Mover: Joe A. Martinez
Seconder: Sally A. Heyman
Vote: 10 - 0
Absent: Souto , Diaz , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Hearing no questions or comments, the Commission proceeded to vote.
 
5D  
  081332 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz
Rebeca Sosa
       
  RESOLUTION APPROVING THE CODESIGNATION OF S.W. 2ND STREET FROM S.W. 118TH AVENUE TO S.W. 127TH AVENUE AS DR. MANUEL C. BARREIRO STREET Adopted
Resolution R-572-08
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for people wishing to be heard.

Chairman Barreiro noted, for the record, he had no relation to Dr. Manuel C. Barreiro.

Commissioner Sosa asked that she be listed as a co-sponsor.

Hearing no other questions or comments, the Commission proceeded to vote.
 
5E  
  081479 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING CODESIGNATION OF NW 24TH AVENUE FROM NW 46TH STREET TO NW 50TH STREET AS CECELIA SHEFFIELD DUNN AVENUE Adopted
Resolution R-573-08
Mover: Audrey M. Edmonson
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent, OCB: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Commissioner Edmonson noted a scrivener’s error existed in this proposed resolution and should be corrected to change “Miami-Dade” to “Miami” in the fifth WHEREAS clause on handwritten page three.

Hearing no other questions or comments, the Commission proceeded to vote.
 
5F  
  081415 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION APPROVING THE CODESIGNATION OF SW 132 AVENUE FROM SUNSET DRIVE TO MILLER ROAD AS KNIGHTS WAY Adopted
Resolution R-574-08
Mover: Jose "Pepe" Diaz
Seconder: Katy Sorenson
Vote: 12 - 0
Absent: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for people wishing to be heard.

Hearing no other questions or comments, the Commission proceeded to vote.
 
5G  
  081467 Resolution     Sen. Javier D. Souto        
  RESOLUTION APPROVING CODESIGNATION OF FLAGLER STREET FROM SW 97TH AVENUE TO SW 107TH AVENUE AS LUISA GARCIA-TOLEDO BOULEVARD Withdrawn
  REPORT: See Agenda Item 5G Substitute, Legislative File No. 081547.  
5G SUBSTITUTE  
  081547 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Katy Sorenson
Jose "Pepe" Diaz
Carlos A. Gimenez
Bruno A. Barreiro
Rebeca Sosa
Sally A. Heyman
       
  RESOLUTION APPROVING CODESIGNATION OF FLAGLER STREET FROM SW 97TH AVENUE TO SW 107TH AVENUE AS LUISA GARCIA-TOLEDO BOULEVARD [SEE ORIGINAL ITEM UNDER FILE NO. 081467] Adopted
Resolution R-575-08
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for people wishing to be heard.

Commissioners Sorenson, Diaz, Gimenez, and Chairman Barreiro asked that they be listed as co-sponsors.

Hearing no other questions or comments, the Commission proceeded to vote.
 
5H  
  081257 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING A MODIFICATION TO THE MASTER PLAN OF FRUIT AND SPICE PARK IN ORDER TO INCORPORATE CHANGES TO THE LAKE SLOPES WITHIN THE PARK SITE, LOCATED AT 18700 SW 248TH STREET, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY(General Services Administration Department) Adopted
Resolution R-576-08
Mover: Katy Sorenson
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for people wishing to be heard.

Hearing no other questions or comments, the Commission proceeded to vote.
 
5I  
  081301 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF LILLY AND CLAIRE ESTATES, LOCATED IN THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 55 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY SW 120 STREET, ON THE EAST BY SW 94 AVENUE, ON THE SOUTH BY APPROXIMATELY SW 123 STREET, AND ON THE WEST BY APPROXIMATELY SW 95 AVENUE)(Public Works Department) Adopted
Resolution R-577-08
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for people wishing to be heard.

Hearing no other questions or comments, the Commission proceeded to vote.

Commissioner Moss asked the Public Works Department Director to evaluate how the County could streamline the plat process.

Commissioner Seijas noted she would schedule a discussion on Streamlining the Plat Process in the Governmental Operations and Environment Committee.

In response to Commissioner Martinez’s question whether the County could do anything to expedite the plat process, Mr. Raul Pino, Public Works Department, noted the County had streamlined the process. He explained the timeframe for the plat process was complicated and the County Administration was preparing a report on the plat process that would be presented to the County Commission.

Commissioner Martinez suggested the Commission use this forthcoming report as the starting point for any discussion on the plat process.
 
5J  
  081305 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF MIAMI-DADE COUNTY PARKS (TAMIAMI TRAIL NORTH PARK), D-22742, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 6 STREET, ON THE EAST BY APPROXIMATELY SW 127 AVENUE, ON THE SOUTH BY TAMIAMI CANAL C-4, AND ON THE WEST BY SW 128 AVENUE)(Public Works Department) Adopted
Resolution R-578-08
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: See Report Under Agenda Item 5I Lejislative File No. 081301.  
6 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6A  
  080838 Miscellaneous      
  APPROVAL OF PRIORITIES AND POLICY OBJECTIVES FOR COMING YEAR'S BUDGET (PER ORDINANCE 07-45)(Chairperson) Approved
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  REPORT: Chairman Barreiro explained the only way to make budget priorities would be by tabulating the commissioners’ top 20 priorities. He noted 22 proposed priorities had three or more commissioners that listed them as priorities.

Commissioner Sosa noted alternative funding for the Miami-Dade Fire Rescue Department should be a budget priority.

In response to Commissioner Heyman’s concern regarding priorities that were not included in the 22 Commission budget priorities, Chairman Barreiro noted each Commissioner could individually address budget priorities with the County Manager throughout the budget process. He encouraged each Commissioner to meet with the County Manager to discuss their individual budget priorities.

Hearing no other questions or comments, it was moved by Commissioner Diaz that the County Commission adopt the 22 budget priorities from the matrix that three or more commissioners selected as budget priorities. This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Souto was absent).
 
  4/8/2008 Deferred by the Board of County Commissioners  
  4/22/2008 Deferred by the Board of County Commissioners  
  5/6/2008 Deferred by the Board of County Commissioners  
6A SUPPLEMENT  
  081058 Supplement      
  SUPPLEMENTAL INFORMATION TO APPROVAL OF PRIORITIES AND POLICY OBJECTIVES FOR COMING YEAR'S BUDGET (PER ORDINANCE 07-45)(Chairperson) Presented
  4/8/2008 Deferred by the Board of County Commissioners  
  4/22/2008 Deferred by the Board of County Commissioners  
  5/6/2008 Deferred by the Board of County Commissioners  
6A SUPPLEMENT 2  
  081065 Supplement      
  SUPPLEMENTAL INFORMATION TO APPROVAL OF PRIORITIES AND POLICY OBJECTIVES FOR COMING YEAR'S BUDGET (PER ORDINANCE 07-45)(Chairperson) Presented
  4/8/2008 Deferred by the Board of County Commissioners  
  4/22/2008 Deferred by the Board of County Commissioners  
  5/6/2008 Deferred by the Board of County Commissioners  
6B  
  081036 Discussion Item      
  CHARTER REVIEW(Chairperson) Presented
  REPORT: Chairman Barreiro noted the issue regarding ballot questions to amend the County’s Home Rule Charter was whether they should be placed on the August 26, 2008, or November 4, 2008, ballot. He pointed out questions to amend the Charter were County issues and he suggested voters could better analyze the issues if the questions were placed on the shorter August 26, 2008, ballot.

Commissioner Gimenez pointed out the voter turnout would be higher for the November 4, 2008, election than August 26, 2008.

Commissioner Heyman noted the Charter questions were important issues to County operations, and the November 4, 2008, election date would provide better opportunity to educate voters on the issues.

Commissioner Diaz questioned whether the County would have enough time to educate the voters on the issues if the questions were on the August 26, 2008, ballot.

Commissioner Sorenson noted November elections historically had drop-off, and many voters would not complete the entire ballot.

Following further discussion on which ballot the Commission should place questions to amend the Charter, Chairman Barreiro conducted a Straw Vote, and upon being put to a Straw Vote, a majority of the commissioners present voted in support of November 4, 2008.

Chairman Barreiro advised the Commission to consider November 4, 2008, as the election date as they drafted their proposed Charter amendments.
 
  4/8/2008 Deferred by the Board of County Commissioners  
  4/22/2008 Not considered by the Board of County Commissioners  
  5/6/2008 Deferred by the Board of County Commissioners  
7 ORDINANCES SET FOR SECOND READING  
7A  
  080986 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Barbara J. Jordan
Katy Sorenson
       
  ORDINANCE CREATING ARTICLE IX OF CHAPTER 11A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING HEALTH INSURANCE ELIGIBILITY AND OTHER BENEFITS TO THE DOMESTIC PARTNERS OF MIAMI-DADE COUNTY EMPLOYEES; PROVIDING FOR THE REGISTRATION OF DOMESTIC PARTNERSHIPS; ESTABLISHING DOMESTIC PARTNER RIGHTS OF VISITATION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 080406] Adopted
Ordinance 08-61
Mover: Bruno A. Barreiro
Seconder: Katy Sorenson
Vote: 8 - 4
No: Rolle , Martinez , Diaz , Seijas
Absent: Souto
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

Chairman Barreiro relinquished the Chair to Vice-Chairwoman Jordan.

It was moved by Commissioner Barreiro that this proposed ordinance be adopted. This motion was seconded by Commissioner Heyman.

Commissioner Diaz expressed concern that this proposed resolution did not include everyone in the community and that it would divide one sector of the community against another. He noted this proposed ordinance was reverse discrimination for excluding dependent extended family members of County employees from eligibility for benefits. Commissioner Diaz urged Commissioner Barreiro to amend this proposal to include extended family members. He suggested this proposed ordinance could cause collective bargaining problems if extended families were excluded. He questioned whether the other government bodies that extended health care benefits to domestic partners of employees had self-funded health insurance. He pointed out the County Commission adopted the wage ordinance to meet a need, and a need existed for extended family members dependent on County employees to be eligible for health insurance and other benefits.

In response to Commissioner Barreiro’s inquiry regarding the possibility of amending this proposed ordinance as urged by Commissioner Diaz, County Attorney Cuevas advised the proposed amendment would go beyond the scope of the advertised title of this proposed ordinance.

Commissioner Barreiro noted Commissioner Diaz’s proposed legislation to provide health insurance benefits to dependent extended family members of County employees was going through the Committee process and the Commission would vote on it when it came before them. He noted he would not accept Commissioner Diaz’s suggested amendment.

It was moved by Commissioner Diaz that this proposed ordinance be deferred. This motion was seconded by Commissioner Martinez.

Commissioner Seijas expressed concern regarding the unfairness of this proposed ordinance to exclude people in need. She explained the Agenda had proposals that requested funds for many activities, yet funding was the issue preventing the County from including all dependents of County employees in this proposed ordinance. Commissioner Seijas noted everybody deserved to have health insurance.

Commissioner Martinez questioned whether this proposed ordinance was about healthcare or money. He noted if this proposed ordinance was about health care it would include everybody. He noted Agenda Item 14A12, Legislative File No. 081556, addressed health care for everyone.

Commissioner Sorenson spoke in opposition to the motion to defer. She suggested the Commission adopt a millage rate that would provide the County the funding necessary to provide health care benefits to dependent extended family members of County employees. She noted this proposed ordinance would not endanger Commissioner Diaz’s proposal in the Committee process. She noted the Miami-Dade County Public School Board and Broward County provided evidence that this proposed ordinance would not bankrupt the County.

Commissioner Sosa noted the Commission could easily respond to the needs of the entire community. She noted family members who were true dependents should be included in this proposed ordinance. She suggested this proposed ordinance be amended to cover legally claimed dependents.

County Attorney Cuevas advised Commissioner Sosa's suggested amendment could not be made within the scope of the title of this proposal.

Responding to Commissioner Sosa’s inquiry regarding a legal way to amend this proposed ordinance to include dependent extended family members, County Attorney Cuevas advised titles for proposed ordinances were published to advise the public and this title only included domestic partners.

Discussion ensued between Commissioner Diaz and County Attorney Cuevas regarding the possibility of amending the definition of domestic partner in this proposed ordinance to provide coverage of dependent extended family members.

Following County Attorney Cuevas’ advice that the most legally defensive way for the County to change its benefits policy was to have this proposed ordinance and Commissioner Diaz’s proposed ordinance adopted at the same meeting, Commissioner Sosa spoke in support of the Commission adopting both proposals.

Commissioner Heyman spoke in opposition to deferring this proposed ordinance. She noted this proposed ordinance could help Jackson Memorial Hospital save money.

Vice-Chairwoman Jordan spoke in opposition to deferring this proposed ordinance. She pointed out the Commission did not have the information requested on cost effectiveness for Commissioner Diaz’s proposal to ensure the promise to employees to lower premiums was retained. She explained Common Law marriage was no longer accepted and the families who would be legitimate under Common Law did not receive benefits. She suggested everyone had the right to choose who they gave their benefits to and who was most important.

Commissioner Barreiro spoke in opposition to deferring this proposed ordinance. He noted Town of Cutler Bay Mayor Paul Vrooman and City of Miami Beach Commissioner Richard Steinberg were present in support of this proposed ordinance.

Hearing no other questions or comments regarding the motion to defer this proposed ordinance, the Commission proceeded to vote, and upon being put to a vote, the motion to defer failed by a vote of 5-7 (Commissioners Barreiro, Sorenson, Edmonson, Moss, Gimenez, Heyman, and Vice-Chairwoman Jordan voted “No”; Commissioner Souto was absent).

It was moved by Commissioner Barreiro that this proposed ordinance be adopted. This motion was seconded by Commissioner Heyman.

Following comments by Commissioners Sorenson and Heyman in support of this proposed ordinance, Commissioner Martinez noted all dependents of County employees should be included. He suggested the focus of the discussion would change to money when the Commission considered the proposal that included benefits for dependent extended family members, and that proposal would not be adopted because the County Administration would recommend against it for financial reasons.

In response to Commissioner Seijas’ question whether this proposed ordinance extended benefits to domestic partners and their children, Assistant County Attorney Lee Kraftchick advised this proposed ordinance would cover children of domestic partners.

Commissioner Diaz questioned whether the study conducted by the County Administration on the fiscal impact of this proposed ordinance included the coverage for children of domestic partners.

Ms. Wendi Norris, Director, General Services Administration (GSA), noted the study included children in its fiscal impact.

Responding to Commissioner Diaz’s inquiries regarding how the County Administration conducted its research to determine the fiscal impact, Ms. Norris noted the County Administration did not poll County employees, it used comparisons of other jurisdictions, and it did not consult with the Unions.

Commissioner Diaz questioned whether the County Administration considered if the jurisdictions used for comparison were self-insured when the County collected the historical data on the fiscal impact of extending health insurance and other benefits to domestic partners.

Ms. Marsha Pascual, Risk Management Director, GSA, noted the County Administration did not ask the jurisdictions whether they were self-insured. However, she noted she was familiar enough with most of them and Palm Beach County was the only jurisdiction evaluated by the County Administration that was self-insured. She noted Palm Beach County had approximately 10,000 employees, it started self-insurance in 2008, and she did not know whether Palm Beach County subsidized insurance premiums for its employees.

Commissioner Diaz pointed out comparable historical data did not exist for this proposed ordinance. He noted the County Administration presented an assumption based on other places, and the County had not conducted a study to determine how this proposal would impact this County. Commissioner Diaz expressed concern that the County had bent over backwards on other costly issues, however, the County would not do the same to provide benefits to dependent extended family members.

Responding to Commissioner Diaz’s inquiry concerning the Commission making a motion that it considers his proposed ordinance, County Attorney Cuevas advised that motion could not be made since the item was not advertised for second reading on today’s (5/20) Agenda.

Commissioner Seijas explained she would vote “No” to this proposed ordinance. She noted she would vote “Yes” to a proposal that applied to everyone who lived at a County employee’s residence.

Commissioner Sosa asked that she be listed as a co-sponsor to Commissioner Diaz's proposed ordinance concerning health insurance eligibility and other benefits to the dependents of Miami-Dade County employees (Legislative File No. 080787).

Hearing no other questions or comments, the Commission proceeded to vote.

Commissioner Diaz asked the County Manager and the General Services Administration Director to ensure all the necessary information was provided on June 11, 2008, for the Economic Development and Human Services (EDHS) Committee to act on the legislation providing health insurance eligibility and other benefits to dependents of County employees (Legislative File No. 080787).

Commissioner Sorenson pointed out the information requested by Commissioner Diaz would involve a survey and the other information requested by the EDHS Committee on May 14, 2008. She noted the Commission could decide providing health insurance eligibility and other benefits to dependents of County employees was one of its most important budget considerations and vote to provide the necessary funding in the County budget, but providing that eligibility and those benefits would have to be looked at in context of the other budgetary needs.

Responding to Commissioner Sorenson’s comments, Commissioner Diaz questioned why a survey and the other information the EDHS Committee requested for his proposal was not provided for this ordinance.

Chairman Barreiro resumed the Chair. He reassured Commissioner Diaz that his proposal would be considered by the County Commission.
 
  4/16/2008 Forwarded to BCC with a favorable recommendation by the Economic Development and Human Services Committee  
  5/6/2008 Deferred by the Board of County Commissioners  
7B  
  081229 Ordinance   Natacha Seijas
Carlos A. Gimenez
Sally A. Heyman
Sen. Javier D. Souto
       
  ORDINANCE REGARDING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY AND THE OFFICE OF THE PROPERTY APPRAISER; PROVIDING FOR THE TRANSFER OF DUTIES TO THE ELECTED PROPERTY APPRAISER AS HEAD OF THE OFFICE OF THE PROPERTY APPRAISER; PROVIDING FOR ELECTION OF THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY IN 2008 AND EVERY FOUR YEARS THEREAFTER; SETTING FORTH QUALIFYING DATES AND FEES TO RUN FOR PROPERTY APPRAISER AND REQUIREMENTS PERTAINING TO FAIR CAMPAIGN PRACTICES; SETTING FORTH THE COMMENCEMENT DATE OF THE TERM OF OFFICE, DUTIES OF THE OFFICE, COMPENSATION AND BENEFITS FOR THE OFFICE AND OTHER REQUIREMENTS RELATED TO SERVICE AS THE PROPERTY APPRAISER; PROVIDING FOR CONTINUED USE OF COUNTY PERSONNEL, FACILITIES, PURCHASING, LEGAL AND OTHER SERVICES; PROVIDING FOR APPLICABILITY OF COUNTY ORDINANCES, INCLUDING ORDINANCES RELATED TO LOBBYING, THE CODE OF ETHICS AND CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE; ALLOWING THE ELECTED PROPERTY APPRAISER TO PLACE ITEMS ON THE COUNTY COMMISSION AGENDA; REPEALING SECTIONS 2-69; CREATING SECTIONS 2-69 THROUGH 2-73 AND AMENDING SECTIONS 2-11.1.1, 12-5, 12-11, 12-17, 12-18 AND 12-21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 080518] Amended
  REPORT: See Report Under Agenda Item 7B AMENDED, Legislative File No. 081661.  
  4/15/2008 Forwarded to BCC without recommendation with committee amendments by the Governmental Operations and Environment Committee  
7B AMENDED  
  081661 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Natacha Seijas
Carlos A. Gimenez
Sally A. Heyman
Sen. Javier D. Souto
       
  ORDINANCE REGARDING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY AND THE OFFICE OF THE PROPERTY APPRAISER; PROVIDING FOR THE TRANSFER OF DUTIES TO THE ELECTED PROPERTY APPRAISER AS HEAD OF THE OFFICE OF THE PROPERTY APPRAISER; PROVIDING FOR ELECTION OF THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY IN 2008 AND EVERY FOUR YEARS THEREAFTER; SETTING FORTH QUALIFYING DATES AND FEES TO RUN FOR PROPERTY APPRAISER AND REQUIREMENTS PERTAINING TO FAIR CAMPAIGN PRACTICES; SETTING FORTH THE COMMENCEMENT DATE OF THE TERM OF OFFICE, DUTIES OF THE OFFICE, COMPENSATION AND BENEFITS FOR THE OFFICE AND OTHER REQUIREMENTS RELATED TO SERVICE AS THE PROPERTY APPRAISER; PROVIDING FOR CONTINUED USE OF COUNTY PERSONNEL, FACILITIES, PURCHASING, LEGAL AND OTHER SERVICES; PROVIDING FOR APPLICABILITY OF COUNTY ORDINANCES, INCLUDING ORDINANCES RELATED TO LOBBYING, THE CODE OF ETHICS AND CONFLICT OF INTEREST AND FINANCIAL DISCLOSURE; ALLOWING THE ELECTED PROPERTY APPRAISER TO PLACE ITEMS ON THE COUNTY COMMISSION AGENDA; REPEALING SECTIONS 2-69; CREATING SECTIONS 2-69 THROUGH 2-73 AND AMENDING SECTIONS 2-11.1.1, 12-5, 12-11, 12-17, 12-18 AND 12-21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 080518 AND 081229] Adopted as amended
Ordinance 08-62
Mover: Natacha Seijas
Seconder: Joe A. Martinez
Vote: 11 - 1
No: Sorenson
Absent, OCB: Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Seijas noted this proposed ordinance should be amended to incorporate the amendments in Agenda Item 7B Supplement, Legislative File No. 081557.

Commissioner Gimenez asked that he be listed as a co-sponsor.

Commissioner Moss questioned who would appoint the employees in the Property Appraiser’s Office that were in classified service positions.

Assistant County Attorney Lee Kraftchick advised the Property Appraiser would make the initial appointment of employees in classified service positions, and the Mayor would make the formal appointment to ensure the employees were County employees. He clarified the Mayor would not be involved in the selection process of employees for the Property Appraiser’s Office.

In response to Commissioner Moss’ request for an explanation why this approach towards the employees was proposed, Commissioner Gimenez explained the language in this proposal provided protection to the classified employee positions. He clarified the Property Appraiser would select the employee and the Mayor would sign off on classified employees to provide them classified protection regarding dismissal and discipline. Commissioner Gimenez noted the exempt employees would serve at the will of the Property Appraiser. He pointed out the County Manager would make the final determination for administrative hearings involving classified employees of the Property Appraiser’s Office.

Responding to Commissioner Moss’ question whether the Clerk of the Courts Office operated similar to this proposed method for the Property Appraiser, Assistant County Attorney Kraftchick advised the Clerk of the Courts was an independent State Agency, and the Clerk could directly appoint employees. He advised the Property Appraiser was a Department Head for the County and would use County employees. He noted this proposed ordinance would ensure the Property Appraiser’s Office employees were appointed in accordance with the Civil Service process, which required Mayoral Appointment in most cases.

Commissioner Heyman questioned the impact on the County budget of the operational costs for any appointments by the Property Appraiser and for the protection of County employees.

Commissioner Seijas clarified the County Commission would set the budget for the Property Appraiser’s Office and the Property Appraiser would have to conform to it.

Responding to Commissioner Heyman’s inquiry concerning campaign transparency, Commissioner Seijas explained personal checks would be required for campaign contributions to provide the address of those who contributed, and a corporation or a limited liability company would have to fill out a form with the addresses of those involved with the organization. She noted these requirements would provide the ability to evaluate the tax roll and determine how these properties were treated.

Commissioner Heyman questioned whether the Elections Department would have oversight of campaign funds for the Property Appraiser.

Assistant County Attorney Oren Rosenthal advised the Property Appraiser would have the same reporting requirements as any other elected official, as well as an additional requirement to report the assessment properties in the County that corporations or other similar type entities had.

In response to Commissioner Heyman’s request, Assistant County Attorney Rosenthal advised, for the record, this proposed ordinance was consistent with the Elections Department’s standards.

Commissioner Seijas pointed out some candidates had already fundraised, and those candidates who had campaign contributions would need to adhere to this proposed ordinance on their next campaign finance report.

In response to Commissioner Heyman’s concern regarding this proposed ordinance applying to the candidates that were already campaigning and fundraising, Assistant County Attorney Cynthia Johnson-Stacks recommended this proposed ordinance be amended to include explicit language that the campaign activities done before this proposed ordinance was adopted would have to comply with this proposed ordinance and would be under the supervision of the Elections Department.

Ms. Tara Smith, Chief Deputy Supervisor of Elections, Elections Department, noted the Elections Department would incorporate this proposed ordinance into its qualifying procedures, and the Elections Department would oversee the campaign records for the Property Appraiser as it did for all campaign records.

Commissioner Sorenson questioned why the Commission would set the salary for the Property Appraiser as opposed to using the established State formula.

In response to Commissioner Sorenson’s inquiry regarding the date of the run off election for the Property Appraiser, Ms. Smith noted the primary election would be November 4, 2008, and the run off election would be before January 1, 2009.

Discussion ensued between Commissioner Sorenson and Ms. Smith regarding the date and the cost of the run off election for the Property Appraiser.

Responding to Commissioner Sorenson’s question why the Property Appraiser position had the election schedule noted by Ms. Smith, Assistant County Attorney Johnson-Stacks advised Section 5.04.A of the County’s Home Rule Charter contained November 2008 as when the election of the Property Appraiser would begin.

Following further discussion concerning the election schedule for the Property Appraiser, Commissioner Sorenson noted the County Commission needed to discuss the issue of the Property Appraiser’s salary. She noted the Commission should not be involved in determining that position’s salary.

In response to Commissioner Gimenez’s suggestion that this proposed ordinance be amended to add “Property Appraiser of Miami-Dade County” to Section 2-11.1.1.(C)(1) on handwritten page 11, Commissioner Seijas accepted his amendment.

Mr. Richard Naman, 5555 Oak Ridge Lane, Coral Gables, appeared before the Commission, and noted the duties and methods of the Property Appraiser should follow the Florida State Statues. He suggested this proposed ordinance focus on facilitating a smooth transition from an appointed Property Appraiser to an elected one. Mr. Naman noted this proposed ordinance should clarify the place of the Property Appraiser on the County Table of Organizations and the autonomy of the Property Appraiser regarding its control of future office space. He suggested the Property Appraiser should not be restricted to the County’s legal staff.

Discussion ensued between Commissioner Moss and Assistant County Attorney James Kracht regarding the level of discretion the Property Appraiser would have within the State Statutes in assessing the value of a property.

In response to Commissioner Moss’ inquiry regarding candidates for Property Appraiser being prohibited from campaigning that they would reduce property values, Commissioner Seijas noted the Commission on Ethics could develop a form for candidates to sign that would prohibit them from campaigning that way.

Commissioner Moss clarified a campaign based on the promise to reduce property values would be dishonest.

Commissioner Seijas noted she would follow through with the Commission on Ethics to add special language to the forms filed by candidates for Property Appraiser.

Assistant County Attorney Rosenthal advised the existing Voluntary Fair Campaign Practice to “not use or permit the use of campaign material that falsifies, distorts, or misrepresents facts” could be changed to a Mandatory Fair Campaign Practice for the Property Appraiser to address the issue raised by Commissioner Moss regarding campaign promises to reduce property values.

Hearing no other questions or comments, the Commission proceeded to vote on this proposed ordinance, as amended:

• to incorporate the amendments in Agenda Item 7B Supplement, Legislative File No. 081557;
• to add the following language to Section 2-69(e): “Contributions made prior to the effective date of this ordinance shall be reported in accordance with the requirements of the provisions of this subsection”;
• to add “Property Appraiser of Miami-Dade County” to Section 2-11.1.1.(C)(1) on handwritten page 11; and
• to make the existing Voluntary Statement of Fair Campaign Practices in Section 2-11.1.1.(D)(1)11. of the County Code, which reads as follows: “I will not use or permit the use of campaign material that falsifies, distorts, or misrepresents facts,” a Mandatory Statement of Fair Campaign Practices for the Office of Property Appraiser.
 
7B SUPPLEMENT  
  081557 Supplement      
  SUPPLEMENT TO ORDINANCE REGARDING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY AND THE OFFICE OF THE PROPERTY APPRAISER Presented
8 DEPARTMENTAL ITEMS  
8A AVIATION DEPARTMENT  
8A1A  
  081324 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO NORTH TERMINAL DEVELOPMENT PROJECTS AT MIAMI INTERNATIONAL AIRPORT; RATIFYING THE COUNTY MANAGER’S ACTIONS IN SETTLING CLAIMS UNDER ONE MILLION DOLLARS PURSUANT TO RESOLUTION R-224-06 DURING THE PERIOD SEPTEMBER 1, 2007 THROUGH DECEMBER 31, 2007(Aviation Department) Adopted
Resolution R-579-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
8B and 8C [No items were submitted for these sections.]  
8D ENVIRONMENTAL RESOURCES MANAGEMENT  
8D1A  
  081410 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 600 NW 7 AVENUE, MIAMI, MIAMI-DADE COUNTY, FLORIDA(Department of Environmental Resources Management) Adopted
Resolution R-580-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  5/13/2008 Forwarded to BCC with a favorable recommendation by the Governmental Operations and Environment Committee  
8E FINANCE DEPARTMENT  
8E1A  
  081232 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AMENDING RESOLUTION NO. R-319-08 TO INCLUDE CERTAIN TRANSIT PROJECTS AMONG CAPITAL PROJECTS AUTHORIZED TO BE FUNDED FROM NOT TO EXCEED $300,000,000 MIAMI-DADE COUNTY, FLORIDA TRANSIT SYSTEM SALES SURTAX REVENUE BONDS, SERIES 2008(Finance Department) Adopted
Resolution R-581-08
Mover: Audrey M. Edmonson
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  4/22/2008 Deferred by the Board of County Commissioners  
8F thru 8H [No items were submitted for these sections.]  
8I MIAMI-DADE POLICE DEPARTMENT  
8I1A  
  081404 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF DORAL IN CONNECTION WITH NON-EMERGENCY COMMUNICATIONS AND DISPATCH SERVICES AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED AND TAKE ANY ACTION REQUIRED BY THE COUNTY HEREIN(Miami-Dade Police Department) Adopted
Resolution R-582-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  5/15/2008 Forwarded to BCC with a favorable recommendation by the Health and Public Safety Committee  
8J thru 8N [No items were submitted for these sections.]  
8O PROCUREMENT MANAGEMENT DEPARTMENT  
8O1A  
  081303 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING AWARD OF COMPETITIVE CONTRACTS, WITH AUTHORITY TO EXERCISE OPTIONS-TO-RENEW ESTABLISHED THEREUNDER FOR THE PURCHASE OF GOODS AND SERVICES(Procurement Management Department) Adopted
Resolution R-583-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  5/13/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Budget and Finance Committee  
8O1B  
  081551 Resolution    
  RESOLUTION WAIVING THE REQUIREMENTS OF SECTION 2-8.4 OF THE MIAMI-DADE COUNTY CODE PERTAINING TO BID PROTEST PROCEDURES BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AWARDING CONTRACT NO. 487B-1B TO BARTON PROTECTIVE SERVICES LLC D/B/A ALLIEDBARTON SECURITY SERVICES, AND CONTRACT NO. 487B-1A TO SECURITY ALLIANCE OF FLORIDA, LLC TO PROVIDE SECURITY GUARD AND SCREENING SERVICES; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO EXECUTE THE ATTACHED AGREEMENTS AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN; AND REJECTING ALL BIDS FOR CONTRACT NO 487B-1C AND DIRECTING THE ITEM BE READVERTISED [SEE ORIGINAL ITEM UNDER FILE NO. 081082](Procurement Management Department) Reconsidered
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 7 - 0
Absent: Rolle , Sosa , Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: It was moved by Commissioner Diaz that the foregoing proposed resolution adopted as amended at the May 6, 2008, County Commission Meeting be reconsidered. This motion was seconded by Commissioner Edmonson.

Responding to Commissioner Jordan’s inquiry regarding the impact of the Commission reconsidering this proposed resolution on Small Business Enterprises (SBE), Ms. Miriam Singer, Director, Department of Procurement Management, noted Contract 487B, Security Guard Services, did not have SBE measures.

Hearing no other questions or comments regarding the motion to reconsider, the Commission proceeded to vote, and upon being put to a vote, the motion passed by a vote of 7-0 (Commissioners Souto, Seijas, Sorenson, Martinez, Rolle, and Sosa were absent).

Upon the loss of a quorum, Commissioner Diaz requested the County Mayor or his designee to present the proper recommendation for Contract 487B, Security Guard Services, at the June 3, 2008, County Commission meeting.
 
  5/6/2008 Adopted as amended by the Board of County Commissioners  
8P and 8Q [No items were submitted for these sections.]  
8R WATER AND SEWER DEPARTMENT  
8R1A  
  081427 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT NUMBER E07-WASD-08 (A) IN THE AMOUNT OF $2,750,000 TO A & P CONSULTING TRANSPORTATION ENGINEERS CORP. FOR THE DESIGN OF A TRANSMISSION PIPELINE FOR A RECLAIMED WATER SYSTEM FROM THE SOUTH DISTRICT WASTEWATER TREATMENT PLANT TO THE VICINITY OF THE METRO ZOO; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE SAME AND TO EXERCISE TERMINATION PROVISIONS CONTAINED THEREIN(Water & Sewer Department) Adopted
Resolution R-584-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
8R1B  
  081437 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT NUMBER E07-WASD-07 (A) IN THE AMOUNT OF $1,650,000 TO LOCKWOOD, ANDREWS & NEWNAM, INC. FOR THE DESIGN OF A TRANSMISSION PIPELINE FOR A RECLAIMED WATER SYSTEM FROM THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT ON VIRGINIA KEY TO A CONNECTION POINT AT THE NORTHERN BOUNDARY OF THE VILLAGE OF KEY BISCAYNE; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE SAME AND TO EXERCISE TERMINATION PROVISIONS CONTAINED THEREIN(Water & Sewer Department) Adopted
Resolution R-585-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
8R1C  
  081418 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING ACTIONS OF COUNTY MAYOR OR HIS DESIGNEE PURSUANT TO PROVISIONS OF ORDINANCE 07-108 IN EXECUTING CHANGE ORDER NO. 1 TO CONTRACT NO. S-828 (A) FOR THE SOUTH DISTRICT WASTEWATER TREATMENT PLANT HLD UPGRADE TO 285 MGD, SITE PREPARATION, WITH LANZO CONSTRUCTION CO., FLORIDA, TO EXTEND MILESTONE 1C WITHOUT INCREASING THE CONTRACT AMOUNT OR EXTENDING THE CONTRACT TIME AND WAIVING LIQUIDATED DAMAGES(Water & Sewer Department) Adopted
Resolution R-586-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  5/13/2008 Forwarded to BCC with a favorable recommendation by the Governmental Operations and Environment Committee  
9 ADDITIONAL DEPARTMENTAL ITEMS  
9A1  
  081343 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND ADOPTING NEW VOTING PRECINCTS 295, 296, 387, 388, 389, 390, 461, 462, 782, 784, 792, 797, 798, 854 AND 934 AND REVISED BOUNDARIES FOR VOTING PRECINCTS 222, 235, 322, 349, 352, 365, 402, 452, 703, 733, 739, 764, 776, 824 AND 907(Elections Department) Adopted
Resolution R-587-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  REPORT: Commissioner Moss asked the Supervisor of Elections to ensure the new and revised voting precinct boundaries in this proposed resolution were well advertised.

Hearing no other questions or comments, the Commission proceeded to vote.
 
  5/13/2008 Forwarded to BCC with a favorable recommendation by the Governmental Operations and Environment Committee  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  081262 Resolution     Bruno A. Barreiro        
  RESOLUTION APPOINTING MEMBERS TO THE COMMUNITY AFFORDABLE HOUSING STRATEGIES ALLIANCE (CAHSA) [SEE ORIGINAL ITEM UNDER FILE NO. 081180] Amended
  REPORT: See Report Under Agenda Item 11A1 AMENDED, Legislative File No. 081689.  
  4/16/2008 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Development and Human Services Committee  
  5/6/2008 Deferred by the Board of County Commissioners  
11A1 AMENDED  
  081689 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION APPOINTING MEMBERS TO THE COMMUNITY AFFORDABLE HOUSING STRATEGIES ALLIANCE (CAHSA) [SEE ORIGINAL ITEM UNDER FILE NOS. 081262 AND 081180] Adopted as amended
Resolution R-588-08
Mover: Jose "Pepe" Diaz
Seconder: Bruno A. Barreiro
Vote: 11 - 0
Absent: Seijas
Absent, OCB: Souto
  REPORT: Assistant County Attorney Terrance Smith advised the foregoing proposed resolution should be amended on handwritten page four, letter j., to read “Evette Francis,” and on handwritten page five, letter aa., to replace “Jennifer Lawson” with “Brian Kettenring,” and to add on handwritten page five the following: “bb. Fatima Perez to serve as a representative of the Hialeah Chamber of Commerce.”

Hearing no other questions or comments, the Commission proceeded to vote on this proposed resolution as amended.
 
11A2  
  081460 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION APPROVING THE ALLOCATION OF FY 2007-2008 DISTRICT 6 COUNTY SERVICES RESERVE FUNDS Adopted
Resolution R-589-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
11A3  
  081471 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION APPROVING THE ALLOCATION OF FY 2007-2008 DISTRICT 6 OFFICE BUDGET FUNDS Adopted
Resolution R-590-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
11A4  
  081470 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION APPROVING THE ALLOCATION OF FY 2007-2008 DISTRICT DISCRETIONARY RESERVE FUNDS OF DISTRICT 6 Adopted
Resolution R-591-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
11A5  
  081553 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION URGING THE U.S. CONGRESS TO PASS THE JUBILEE ACT FOR RESPONSIBLE LENDING AND EXPANDED DEBT CANCELLATION FOR THE WORLD'S MOST IMPOVERISHED COUNTRIES, INCLUDING HAITI Adopted
Resolution R-592-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Souto , Seijas
11A6  
  081560 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION URGING CONGRESS TO PROVIDE $30 MILLION IN FUNDING FOR THE URBAN PARK AND RECREATION RECOVERY PROGRAM FOR FISCAL YEAR 2008-09 Adopted
Resolution R-593-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Souto , Seijas
11A7  
  081558 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION URGING CONGRESS TO RESTORE FUNDING TO THE LAND AND WATER CONSERVATION FUND STATE AND LOCAL GRANT PROGRAM TO $125 MILLION FOR FISCAL YEAR 2008-09 Adopted
Resolution R-594-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Souto , Seijas
11A8  
  081569 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Bruno A. Barreiro
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Barbara J. Jordan
Dennis C. Moss
Dorrin D. Rolle
Natacha Seijas
Katy Sorenson
Rebeca Sosa
Sen. Javier D. Souto
       
  RESOLUTION APPROVING THE STATE DESIGNATION OF S.W. 8TH STREET BETWEEN 107 AVENUE AND 117 AVENUE AT THE FLORIDA TURNPIKE AS ''DR. JOSE A. MARQUES BOULEVARD'' PURSUANT TO SB 1604; JOINING THE LEGISLATURE IN URGING THE GOVERNOR TO SIGN SB 1604 INTO LAW; DIRECTING COUNTY ADMINISTRATION TO ERECT APPROPRIATE SIGNAGE Adopted
Resolution R-595-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Souto , Seijas
  REPORT: Commissioners Diaz, Sosa, Gimenez, Edmonson, Moss, Jordan, Rolle, Souto, Sorenson, Heyman, and Chairman Barreiro asked that they be listed as co-sponsors.

Hearing no other questions or comments, the Commission proceeded to vote.
 
11 B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  081586 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 1) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 1 Discretionary Reserve funds as requested by Vice-Chairwoman Jordan.

$2,000 to War on Poverty-Florida, Inc. (In support of the Family Day Festival)
$2,500 to Herff Jones (Toward the purchase of Class 6A Championship Rings for the Miami Norland Boys Basketball Team)
 
11B2  
  081587 Report      
  ALLOCATION OF (FY) 2007/08 OFFICE OPERATING BUDGET FUNDS (DISTRICT 3) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 3 Office Operating Budget Funds as requested by Commissioner Edmonson.

$3,050 to American Coach Lines of Miami (Re: Bus Charter for Homeowner Association Presidents of District 3 to attend the Florida Neighborhood Conference in Tallahassee, Florida, June 26-28, 2008)
$3,000 to Doubletree Hotel Tallahassee (Re: Hotel stay for Homeowner Association Presidents of District 3 to attend the Florida Neighborhood Conference in Tallahassee, Florida, June 26-28, 2008)
$756 to Miami Dade Parks & Recreation/Joseph Caleb Auditorium (Re: Liberty City Optimist Club of Florida, Inc.)
 
11B3  
  081588 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 3) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 3 Discretionary Reserve Funds as requested by Commissioner Edmonson.

$2,000 to Edison Park Elementary School
$1,170 to City of Tallahassee – 2008 Florida Neighborhood Conference (Re: Registration)
$1,250 to Miami-Dade Gay & Lesbian Chamber of Commerce
$1,125 to Express Publicite
$569.98 to Gabby Gator Party Rental (Re: Curry/Taylor Health Fair)
$653 to Tania (Re: Curry/Taylor Health Fair)
 
11B4  
  081589 Report      
  REIMBURSEMENT FROM COMMUNITY-BASED ORGANIZATION - COUNTY SERVICES RESERVE FUNDS (DISTRICT4) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were reimbursed from Community Based Organization – District 4 County Services Reserve Funds as requested by Commissioner Heyman.

$1,000 from Informed Families
$300 from Nautilus Middle School Activities
$100 from Humane Society of Greater Miami
$125 from Jewish Community Services
$500 from Casa Valentina
$7,500 from Assoc. for Retarded Citizens
$1,000 from SAVE
$60 from National Council for Jewish Women
$400 from Crime Watch
$255.87 from Victory School for Autism Auction Charity Lunch
 
11B5  
  081590 Report      
  ALLOCATION OF (FY) 2007/08 OFFICE FUNDS (DISTRICT 5) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 5 Office Funds as requested by Chairman Barreiro.

$2,500 to Kiwanis Club of Little Havana for the Sports Camp
$1,000 to Close Up Foundation
$1,650 to Asociacion de Espirituanos en el Exilio
$2,500 to South Florida Alter-School All Stars
$5,000 to Cafronia Hayes Thomas for “Skeeter’s in College”
 
11B6  
  081591 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 7) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 7 Discretionary Reserve Funds as requested by Commissioner Gimenez.

$10,000 to Will Johnson Memorial Fund c/o Dade Community Foundation
$2,500 to City of Miami – Office of Sustainable Initiatives (Earmark: Virginia Key Planting by AmeriCorps)
$3,500 to Coconut Grove – Business Improvement Council (Earmark: July 4, 2008 Village Event)
$1,500 to Kiwanis Club, Little Havana (Earmark: Summer Program Transportation for Children)
 
11B7  
  081592 Report      
  ALLOCATION OF CARRY-OVER OFFICE FUNDS (DISTRICT 8) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocation was made from District 8 Carry-Over Office Funds as requested by Commissioner Sorenson.

$1,168.30 to American Coach Lines of Miami – Funding for Vision 20/20 Bus Tour
 
11B8  
  081593 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 9) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 9 Discretionary Reserve Funds as requested by Commissioner Moss.

$1,000 to The Children’s Home Society of Florida Supported Foster Care Program for a visit at Metro Zoo
$750 from his District Discretionary Funds to his Office Budget for reimbursement for bottle water for the Richmond Heights Crime March and Goulds Community Clean Up Event
 
11B9  
  081594 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 11) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 11 Discretionary Reserve Funds as requested by Commissioner Martinez.

$500 to Kiwanis Club of Little Havana
$500 to Hammocks Community Association
$2,500 to Centro de Derechos Humanos y Democracia Brigada 2506
$1,500 to Hispanic Coalition
$7,000 to MDC Parks Department – Tamiami Park Swimming Lessons for District 11 children
$250 to Felix Varela Senior High School – Mathematic Championships – Andrew Vallejo
$500 to Christian Family Coalition – 2008 Freedom Speech Awards
$300 to Prime Time Seniors
 
11B10  
  081595 Report      
  ALLOCATION OF (FY) 2007/08 DISTRICT DISCRETIONARY RESERVE FUNDS (DISTRICT 12) Approved
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2007/08 District 12 Discretionary Reserve Funds as requested by Commissioner Diaz.

$10,000 to City of Hialeah
$1,000 to Hands on Miami
$400 to Fundacion Josefina P. Castano
$1,000 to Jose Marti Middle School
$2,000 to Marjory Stoneman Douglas Elementary
$2,500 to American Cancer Society for City of Sweetwater Relay for Life
 
11C REPORTS  
12 COUNTY MANAGER  
12A1  
  081242 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE SETTLEMENT AGREEMENT OF THE LAWSUIT BETWEEN LEMARTEC ENGINEERING AND CONSTRUCTION CORPORATION AND MIAMI-DADE COUNTY, CIRCUIT COURT CASE NO. 06-27367 CA 30, IN THE AMOUNT OF $1,176,524.17 RELATING TO THE CONSTRUCTION OF MIAMI-DADE FIRE RESCUE EAST KENDAL STATION 13 PROJECT NO. DB03-FIRE-04, CONTRACT NO: MDFR-EKLOG-01-02; AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT(County Manager, County Attorney) Adopted
Resolution R-596-08
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
13 COUNTY ATTORNEY  
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  080979 Resolution     Barbara J. Jordan        
  RESOLUTION SUPPORTING THE ESTABLISHMENT OF DISTANCE BASED AND/OR PEAK/NON-PEAK TRANSIT FARE RATES AND DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO SUBMIT WITHIN SIXTY (60) DAYS A PLAN TO IMPLEMENT A DISTANCE BASED AND/OR PEAK/NON-PEAK TRANSIT STRUCTURE 4 Day Rule Invoked
  REPORT: Commissioner Gimenez invoked the Four-Day Rule on the foregoing proposed resolution.

Chairman Barreiro noted he would schedule time for the County Commission to discuss the Agenda Items concerning Miami-Dade Transit that were 4 Day Ruled.

Commissioner Sorenson suggested the County Commission invite Citizen’s Independent Transportation Trust (CITT) representatives to the meeting when the Commission would consider the Miami-Dade Transit (MDT) financing issues. She also suggested the Commission hold a public hearing for those issues.

Commissioner Heyman pointed out the Miami-Dade County Public School (MDCPS) Board needed to be involved in the MDT discussion. She explained MDCPS had voted to eliminate transportation to magnet schools. She noted a Special Transportation Services representative should be present at the discussion of MDT financing issues.

Chairman Barreiro requested commissioners submit written requests for MDT information to the County Administration to allow the Administration to properly respond to their concerns.

Following further discussion regarding the importance of the MDT financial issues on developing Metrorail corridors, Commissioner Rolle asked Assistant County Manager Ysela Llort to correct the computational errors in Agenda Item 14A5 before it came back before the County Commission.

Commissioner Sorenson asked the MDT Director to meet with the MDCPS Transportation Department to understand MDCPS’ transportation issues before Agenda Items 14A1, 14A2, 14A5, and 14A10 came back before the Commission for consideration.
 
  4/16/2008 Deferred by the Transit Committee  
  5/7/2008 Deferred to next committee meeting by the Transit Committee  
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit Committee  
14A2  
  080994 Resolution     Barbara J. Jordan        
  RESOLUTION DIRECTING THE MAYOR OR HIS DESIGNEE TO STUDY THE FEASIBILITY OF RESTORING TWO CENTS TO THE 1993 FIVE CENTS CAPITAL IMPROVEMENTS LOCAL OPTION GAS TAX LEVIED ON MOTOR FUEL 4 Day Rule Invoked
  REPORT: Commissioner Gimenez invoked the Four-Day Rule on the foregoing proposed resolution.

(See Report Under Agenda Item 14A1, Legislative File No. 080979.)
 
  4/16/2008 Deferred by the Transit Committee  
  5/7/2008 Deferred to next committee meeting by the Transit Committee  
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit Committee  
14A3  
  081501 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION APPROVING A ONE-YEAR TIME EXTENSION OF THE MISCELLANEOUS CONSTRUCTION CONTRACTS (MCC) NO. CICC 7040-0/07 AND NO. 7360-0/08; PROVIDING A ONE YEAR COMBINED ALLOCATION OF $200 MILLION Adopted
Resolution R-597-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Souto , Seijas
  REPORT: Commissioner Gimenez invoked the Four-Day Rule.

Upon clarification that this proposed resolution was not related to Miami-Dade Transit Agency, Commissioner Gimenez withdrew his use of the Four-Day Rule.

Hearing no other questions or comments, the Commission proceeded to vote.
 
  5/13/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Budget and Finance Committee  
14A4  
  081005 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dorrin D. Rolle        
  RESOLUTION DIRECTING THE MAYOR OR HIS DESIGNEE TO REVIEW ALL AVAILABLE FUNDING SOURCES FOR THE NORTH CORRIDOR AS WELL AS THE OTHER COMPONENTS OF THE ORANGE LINE AND TO PREPARE A FINANCIAL PLAN THAT ADEQUATELY ADDRESSES THE REQUIREMENTS OF THE FEDERAL NEW STARTS PROJECTS ASSESSMENT PROCESS AND THE OPERATING, MAINTENANCE, AND CAPITAL NEEDS OF MIAMI-DADE TRANSIT FOR THE NEXT TWENTY YEARS Adopted
Resolution R-603-08
Mover: Natacha Seijas
Seconder: Joe A. Martinez
Vote: 12 - 0
Absent, OCB: Souto
  4/16/2008 Deferred by the Transit Committee  
  5/7/2008 Deferred to next committee meeting by the Transit Committee  
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit Committee  
14A5  
  081486 Resolution   Dorrin D. Rolle        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO STUDY AND TO SUBMIT A WRITTEN REPORT WITHIN FIVE (5) BUSINESS DAYS AS TO THE ADDITIONAL REVENUES TO BE EARNED BY INCREASING THE FARES FOR THE DADE-MONROE EXPRESS BUS ROUTE 4 Day Rule Invoked
  REPORT: Commissioner Gimenez invoked the Four-Day Rule on the foregoing proposed resolution.

(See Report Under Agenda Item 14A1, Legislative File No. 080979.)
 
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit Committee  
14A5 SUPPLEMENT  
  081538 Supplement      
  SUPPLEMENTAL REPORT: ADDITIONAL REVENUE TO BE EARNED BY INCREASING FARES FOR THE DADE-MONROE EXPRESS BUS ROUTE 4 Day Rule Invoked
  REPORT: Commissioner Gimenez invoked the Four-Day Rule on the foregoing supplement.  
  5/14/2008 Report Received by the Transit Committee  
14A6  
  081539 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dorrin D. Rolle        
  RESOLUTION APPROVING THE ALLOCATION OF FY 2007-2008 DISTRICT DISCRETIONARY RESERVE FUNDS OF DISTRICT 2 Adopted
Resolution R-598-08
Mover: Natacha Seijas
Seconder: Joe A. Martinez
Vote: 12 - 0
Absent: Souto
14A7  
  081426 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED TERMINAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SEABOARD MARINE, LTD., FOR MARINE TERMINAL OPERATIONS AT THE PORT OF MIAMI; AND AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY, TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS; AND TO EXERCISE ALL OTHER RIGHTS CONFERRED THEREIN(Seaport Department) Adopted
Resolution R-599-08
Mover: Barbara J. Jordan
Seconder: Rebeca Sosa
Vote: 10 - 1
No: Martinez
Absent: Souto , Seijas
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit Committee  
14A7 SUPPLEMENT  
  081548 Supplement      
  SUPPLEMENTAL INFORMATION RE: RESTATED TERMINAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SEABOARD MARINE, LTD. Presented
14A8  
  081350 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO APPLY FOR RECEIVE, AND EXPEND FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS GRANT FUNDS FOR THE CONSTRUCTION OF A FLOATING DOCK AND BOAT LIFT AT THE PORT OF MIAMI FOR MIAMI-DADE FIRE RESCUE MARINE OPERATIONS BUREAU; AND AUTHORIZING THE MAYOR TO MODIFY OR AMEND THE APPLICATIONS IN ORDER TO RECEIVE ADDITIONAL FUNDS OR TO EXTEND THE PERFORMANCE PERIOD(Miami-Dade Fire and Rescue Department) Adopted
Resolution R-600-08
Mover: Natacha Seijas
Seconder: Joe A. Martinez
Vote: 12 - 0
Absent: Souto
  5/15/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Health and Public Safety Committee  
14A9  
  081351 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO APPLY FOR, RECEIVE, AND EXPEND FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS GRANT FUNDS FOR A MARINE VHF COMMUNICATION RADIO SYSTEM FOR MIAMI-DADE FIRE RESCUE MARINE OPERATIONS BUREAU; AND AUTHORIZING THE MAYOR TO MODIFY OR AMEND THE APPLICATIONS IN ORDER TO RECEIVE ADDITIONAL FUNDS OR TO EXTEND THE PERFORMANCE PERIOD(Miami-Dade Fire and Rescue Department) Adopted
Resolution R-601-08
Mover: Jose "Pepe" Diaz
Seconder: Joe A. Martinez
Vote: 12 - 0
Absent: Souto
  5/15/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Health and Public Safety Committee  
14A10  
  081541 Resolution     Transit Committee        
  RESOLUTION MODIFYING THE SCHEDULE OF TRANSIT FARES, RATES AND CHARGES BY INCREASING THE FARES BY FIFTY CENTS FOR METROBUS, METRORAIL AND SPECIAL TRANSPORTATION SERVICES AND BY ESTABLISHING AUTOMATIC FARE ADJUSTMENTS EVERY THREE YEARS CONSISTENT WITH MIAMI-DADE TRANSIT’S OPERATING COST INDEX (OCI) [SEE ORIGINAL ITEM UNDER FILE NO. 081002] 4 Day Rule Invoked
  REPORT: Commissioner Martinez invoked the Four-Day Rule on the foregoing proposed resolution.

Commissioner Sosa asked that prior to this item returning before the Board the County Manager provide each Commissioner with a list of all existing alternatives to modifying the schedule of transit fares, rates, and charges and a detailed report of the following:
• the total revenue generated annually by the half-penny surtax over the last five years;
• the total amount of approved allocations from the half-penny surtax revenues collected over the last five years; and
• the total amount of half-penny surtax revenue that was projected to be used for the expansion of the Orange line.

Commissioner Heyman asked the County Manager to provide a report on modifying the schedule of transit fares, rates, and charges by trip distance and regions for Special Transportation Services when this proposed resolution came back before the Commission.

Commissioner Rolle asked the County Attorney to compare the ballot language for the Building Better Communities General Obligation Bond (GOB) and the People’s Transportation Plan (PTP) elections, and to provide him with a legal opinion advising whether the County Commission acted consistently when considering modifications to the GOB and the PTP, that were not contemplated when the voters approved these initiatives.
 
  5/14/2008 Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments by the Transit Committee  
14A11  
  081450 Resolution      
  RESOLUTION REQUESTING AN ADMINISTRATIVE BOUNDARY MODIFICATION TO THE MIAMI-DADE COUNTY ENTERPRISE ZONE AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SUBMIT AN APPLICATION FOR AN ADMINISTRATIVE BOUNDARY MODIFICATION OF THE ENTERPRISE ZONE [SEE AGENDA ITEM NO. 8K1B](Office of Community and Economic Development) Deferred to September 02, 2008
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
  REPORT: During consideration of the changes to today's agenda, the Board deferred the foregoing proposed resolution as recommended by the County Manager.  
  5/14/2008 Forwarded to the full BCC by the BCC Chairperson as requested by the Economic Development and Human Services Committee  
14A12  
  081556 Resolution   Joe A. Martinez
Carlos A. Gimenez
Rebeca Sosa
Jose "Pepe" Diaz
Barbara J. Jordan
Dennis C. Moss
Sally A. Heyman
Audrey M. Edmonson
Dorrin D. Rolle
       
  RESOLUTION APPROVING THE MIAMI-DADE COUNTY - BLUECROSS BLUESHIELD OF FLORIDA, INC. CO-DESIGNED INSURANCE PRODUCT FOR THE UNINSURED RESIDENTS OF MIAMI-DADE COUNTY, AND AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO FINALIZE A NO-COST CONTRACT FOR A THREE-YEAR PILOT IMPLEMENTATION [SEE ORIGINAL ITEM UNDER FILE NO. 081462] Amended
  REPORT: See Report Under Agenda Item 14A12 AMENDED, Legislative File No. 081793.  
  5/15/2008 Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments by the Health and Public Safety Committee  
14A12 AMENDED  
  081793 Resolution     Joe A. Martinez
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Barbara J. Jordan
Dennis C. Moss
Dorrin D. Rolle
Rebeca Sosa
       
  RESOLUTION APPROVING THE MIAMI-DADE COUNTY - BLUECROSS BLUESHIELD OF FLORIDA, INC. CO-DESIGNED INSURANCE PRODUCT FOR THE UNINSURED RESIDENTS OF MIAMI-DADE COUNTY, AND AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO FINALIZE A NO-COST CONTRACT FOR A THREE-YEAR PILOT IMPLEMENTATION [SEE ORIGINAL ITEM UNDER FILE NO. 081556] Adopted as amended
Resolution R-602-08
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Seijas
Absent, OCB: Souto
  REPORT: Commissioner Martinez noted the County Commission established the Health Care Task Force that sought a private health care service provider to help uninsured County residents, as well as the indigent care at County hospitals. He noted Mr. Marvin O’Quinn, President/CEO, Public Health Trust, had provided a letter expressing support for this proposed resolution. Commissioner Martinez pointed out this proposal would have no fiscal impact on the County; the County would work in conjunction with Blue Cross Blue Shield. He explained this proposed health care program would insure individuals with comprehensive and wellness care for approximately $90 per month or $150 per month for a family. Commissioner Martinez noted this proposal was a preliminary item that included basic coverage and options. He further explained the County had an oversight role in this proposed program, which was a pilot study for three years. He pointed out availability of this proposed program could go nationwide after the three year pilot study. Commissioner Martinez emphasized the County would neither receive money, nor contribute money for this program, except for providing staff oversight. He pointed out a domestic partners provision was included in this proposed program.

Commissioner Sosa asked that she be listed as a co-sponsor.

In response to Commissioner Sorenson’s request for clarification on the domestic partners provision, Ms. Lisa Matthews, Blue Cross Blue Shield, clarified normally small group reform did not recognize domestic partners as dependents eligible for health care. She pointed out the small group employer would define the information required for the employee to validate a domestic partner as a dependent of an employee. She noted Blue Cross Blue Shield provided in the contract that small group employers should recognize domestic partners as an eligible dependent.

Responding to Commissioner Sorenson’s inquiry regarding the County ensuring that domestic partners were recognized by small businesses participating in this proposed program, Assistant County Attorney Hugo Benitez advised this proposed program was not the County’s health care plan, however, the County could include an expression of intent that the County wished for dependent coverage for domestic partners that was consistent with the County’s recently adopted plan.

Ms. Matthews clarified Blue Cross Blue Shield could not ensure that the small group employers were providing coverage to domestic partners.

Assistant County Attorney Benitez advised a contract was coming back to the Commission that detailed the terms that the County would provide oversight support. He noted the County could consider Commissioner Sorenson’s concern to ensure small group employers were providing coverage to domestic partners during negotiations of that contract.

Commissioner Martinez explained this proposed resolution was not the County’s health care plan, which made it very difficult to dictate to Blue Cross Blue Shield and to the small businesses that they had to recognize domestic partners.

Commissioner Gimenez asked that he be listed as a co-sponsor. He questioned whether Jackson Memorial Hospital fully participated in this proposal.

Commissioner Sosa noted the County could not place a mandate on businesses to provide coverage to domestic partners, and the County needed to respect small businesses. She pointed out the County would be financially liable for this proposed program if the County imposed conditions on it.

Commissioners Diaz and Jordan asked that they be listed as co-sponsors.

Commissioner Martinez clarified, for the record, this proposed resolution was a result of the County Commission Health Care Task Force.

Commissioners Moss, Heyman, Edmonson, and Rolle asked that they be listed as co-sponsors.

It was moved by Commissioner Martinez that this proposed resolution be adopted. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Souto was absent).

Commissioner Martinez emphasized each Commissioner needed to distribute pamphlets and to promote this program whenever they met with a Community Based Organization (CBO), and a Mom and Pop company.

Commissioner Diaz suggested commissioners mention the availability of this health plan when they were on the radio and television, as well as publicize it through public service announcements.

Following Assistant County Attorney Benitez advised the Commission this proposed resolution should be amended to add a provision that the proposed health care plan be filed with the Florida Office of Insurance Regulation within 30 days of the effective date of this proposed resolution, the Commission proceeded to vote on this proposed resolution, as amended.
 
14A12 SUPPLEMENT  
  081527 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING THE BLUECROSS BLUESHIELD LOW COST INSURANCE PILOT PROGRAM Presented
  5/15/2008 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Health and Public Safety Committee  
14A13  
  081286 Ordinance   Natacha Seijas        
  ORDINANCE RELATING TO WATER USE EFFICIENCY STANDARDS; AMENDING SECTIONS 8-31, 32-84, AND 8A-381 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CHANGING EFFECTIVE DATES TO JANUARY 1, 2009 AND CLARIFYING STANDARDS FOR PLUMBING FIXTURES, FIXTURE FITTINGS AND APPLIANCES; PROVIDING SEVERABILITY; INCLUSION IN CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: July 08, 2008
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Souto
  REPORT: The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the July 8, 2008, Governmental Operations and Environment Committee, at 9:30 a.m.  
  5/19/2008 Requires Municipal Notification by the Board of County Commissioners  
14B1  
  081482 Report      
  REPORT RE: SECOND REPORT ON US HUD/COUNTY WORKPLAN(County Manager) Accepted
  REPORT: Mr. Donald LaVoy, United States Department of Housing and Urban Development (HUD) Oversight Administrator, Miami-Dade Housing Agency (MDHA), provided an overview of the Second Progress Report of the HUD/County Settlement Agreement and Work Plan. He noted the affordable housing situation was improving everyday. He pointed out the County Commission needed to be trained on its role as the Board of MDHA. Mr. LaVoy explained MDHA had submitted a balanced budget for fiscal year 2008-09. He noted MDHA had completed transferring programs from MDHA to the County.

Mr. LaVoy pointed out the primary task specifically prescribed for HUD was to review Work Plan Submissions, to verify completion of Work Plan Items, and to review the County’s petition for release of MDHA from HUD oversight. He noted he was responsible for completing Work Plan Items related to the MDHA budget. He noted some budget issues needed to be resolved for fiscal year 2007-08. He explained nothing in the Findings and Judgment Work Plan Item was an issue.

Mr. LaVoy explained the MDHA Customer Service Center located on Coral Way was moved to the vicinity of Ward Tower, and the level of service was increasing. He pointed out a new Chief Financial Officer, Information Technology (IT) Director, Assistant Director of Housing, and Section 8 Director were hired. He noted employee training was on-going. Mr. LaVoy suggested the necessary changes to the MDHA business model were made to provide housing that was affordable. He explained Asset Management would be to manage property by cost allocation. He noted a number of technology problems arose before HUD arrived, and MDHA was working with the County to upgrade the level of technological support.

Mr. LaVoy noted MDHA Procurement was good. He pointed out the Scott Carver Request for Qualifications (RFQ) received five responses, and the goal for the Scott Carver project was to provide affordable housing and commence building.

Mr. LaVoy expressed concern regarding the MDHA financial statements. He noted the audit of fiscal year 2005-06 had an adverse opinion, which meant the books for that year could not be audited. He suggested fiscal year 2006-07 would also have an adverse opinion. Mr. LaVoy explained Deloitte & Touche was under Federal contract to get the MDHA financial management system to work as a tool that would provide the County the ability to look at the financial reporting within MDHA at all times. Mr. LaVoy noted Section 8 was improving, and the depository agreement had no issues.

Mr. LaVoy noted the Public Housing Plan for Fiscal Year 2008-09 would advocate changes to make the funding stream for finances healthier, to collect rent sooner, and to start evictions proceedings sooner than 90 days. He pointed out the Adker Consent Decree said a new housing waiting list should be made every three years. Mr. LaVoy noted MDHA would redo the waiting list in a user friendly way that anyone could go online and electronically register in 90 seconds. He suggested the waiting list could increase from 35,000 to 100,000 people.

In response to Commissioner Edmonson’s request for a response to Mr. LaVoy’s presentation from the County Administration, Senior Advisor to the County Manager Cynthia Curry noted Mr. LaVoy’s report was a joint presentation of the HUD Oversight Administrator and the County Administration.

Responding to Commissioner Edmonson’s request for the presentation of the Second Quarter Progress Report Narrative, Mr. LaVoy noted the Narrative included an introduction that explained why HUD took over MDHA, what HUD was doing at MDHA, and the role of the HUD Oversight Administrator. Regarding Contract Support, Mr. LaVoy explained HUD had invested over $6 million in contractors for financial and Section 8 support to ensure the recovery of MDHA.

Mr. LaVoy noted the Section 8 Housing Choice Voucher (HCV) Division was reorganized to be more customer friendly, and to avoid any evictions or foreclosures from payment problems. He clarified, notwithstanding the progress in the Section 8 HCV Division, the Division had to make much more progress. Mr. LaVoy noted HUD would provide all property managers a week of on-site training in July 2008 on the inspection processes used internally by HUD. He explained the Section 8 HCV Program was changed to ensure all of the 14,600 available vouchers were used by the end of 2008. Mr. LaVoy pointed out Mr. Jeff Worley and the MDHA Crime Reduction Committee were working with the police departments throughout the County to reduce crime in public housing. Mr. LaVoy explained the goal for the Section 8 HCV Home Ownership Program was to have 20 new home owners in the next 30 days.

Mr. LaVoy noted the Concerns and Issues section focused on MDHA running a sustained financial imbalance. He pointed out many reasons existed for the continuous funding shortfall at MDHA. He explained HUD would focus on attaining financial balance at MDHA without reducing services to an unacceptable level.

Senior Advisor Curry noted the County Administration responded to the Second Quarter Progress Report Narrative (Agenda Item 14B1 Supplement, Legislative File No. 081533) to ensure the record reflected the County had made strides at MDHA before the HUD Oversight Administrator’s arrival, including crime reduction and key management staff.

County Manager Burgess clarified the County was not surprised with the issues raised by HUD; the County was already aware of them. He emphasized the importance of the County and HUD working together to accomplish the issues in the Work Plan.

Responding to Commissioner Edmonson’s request for a telephone number constituents could call to speak with a live operator, Mr. LaVoy reassured Commissioner Edmonson he would provide that number to every Commissioner.

Commissioner Sorenson questioned whether the intent of “Establish an Oversight Protocol for MDHA Businesses” on handwritten page 4 was to train the County Commission.

Mr. LaVoy explained the Oversight Protocol was to provide the Commission training on the 1937 Housing Act.

Responding to Commissioner Sorenson’s inquiry regarding the increased density at Scott Carver and the omission of Sector 2, Mr. LaVoy noted the RFQ for Scott Carver did not include Sector 2 for unresolved environmental issues. He pointed out the area in the RFQ was larger than the original Scott Carver area, and if the Office of Community and Economic Development worked with MDHA to provide funding, then 850 units would be possible. He noted $10-$15 million would be needed in a worst cast scenario to resolve the environmental issues in Sector 2.

Commissioner Sorenson expressed concern that the County would be liable for resolving the environmental issues in Sector 2.

Discussion ensued between Commissioner Sorenson and Mr. LaVoy regarding the funding granted by HUD for the Scott Carver area and the remediation of Sector 2.

In response to Commissioner Sorenson’s question regarding community participation in the planning for Scott Carver, Mr. LaVoy noted he held a meeting the third Thursday of every month with former Scott Carver area residents. He noted the former residents who were interested in returning to that area would select a committee to interact with the project developers.

Responding to Commissioner Sorenson’s questions concerning his comments on staff continuity, Mr. LaVoy clarified the important part of an audit was continuity and the audit process was delayed by the lack of continuity.

Following discussion between Commissioner Sorenson and Mr. LaVoy regarding funding for IT activities, County Manager Burgess pointed out the County had $13.7 million that could supplement the Scott Carver project. He noted the County would condition the use of the $13.7 million on a master plan being developed for the entire Scott Carver site, including Sector 2, and on maximizing the number of units.

Commissioner Rolle expressed concern that a plan to build the same number of housing units as existed before on the old Scott Carver site would be too dense and crime would increase. He questioned whether the plans for the same number of units applied to the old or the new boundaries. He emphasized the services and infrastructure did not exist for the same number of units within the old boundaries.

Senior Advisor Curry noted the County Manager and she concurred with Commissioner Rolle that the 850 housing units should be in the expanded boundaries.

Mr. LaVoy noted HUD did not want to create a density problem.

Discussion ensued between Commissioner Rolle and Mr. LaVoy regarding the density of the Scott Carver area without using Sector 2.

Responding to Commissioner Gimenez’s inquiry regarding additional economic issues, Mr. LaVoy noted HUD was encountering a large number of bills that were never charged and was continuously finding inappropriate accounting for other liabilities.

Commissioner Gimenez asked the Finance Department Director to provide him with a copy of the engagement letter between the County and the County’s external auditors regarding the audit of the $13 million of Housing Assistance Loan Trust Surtax funds.

In response to Commissioner Diaz’s inquiry regarding trailer parks, Mr. LaVoy explained HUD had not looked at trailer park housing; HUD was focused on affordable housing. He noted HUD would start a new waiting list for affordable housing and anyone could be added to that list. He pointed out the Federal Government was not discussing trailer park issues.

Following Commissioner Diaz’s clarification that the intent of his inquiry was to determine whether the Federal Government was interested in acquiring funds to purchase trailer parks and preserve them as trailer parks, Mr. LaVoy noted he would follow up on the trailer parks issue.

Responding to Commissioner Moss’ questions regarding the MDHA budget, Mr. LaVoy noted MDHA would have a budget shortfall. He explained HUD was attempting to remedy the projected shortfall. He clarified the fiscal year 2008-09 budget would be balanced. Mr. LaVoy noted he could provide the Commission an accurate projection of the amount of the shortfall within 45 days. He explained the fiscal year 2008-09 budget projected a slight increase in revenues, in Federal subsidy for Section 8 HCV, and in low rent housing subsidy that matched the amount of expenditures. He pointed out the increase in Federal subsidy depended on the budget adopted by the United States Congress.

Special Assistant to the County Manager Jennifer Glazer-Moon clarified the projected MDHA budget shortfall that Mr. LaVoy submitted did not account for some revenues and the projected salaries were inflated. She noted the County Administration corrected this information and MDHA should not have an operating budget shortfall for fiscal year 2007-08. She pointed out the County would only provide MDHA with Community Development Block Grant funds for disaster recovery initiatives for fiscal year 2008-09.

In response to Commissioner Moss’ request for more information on the IT issues, Mr. LaVoy explained the existing system was DOS based. He noted the business platform was not stable when the IT system was updated two years ago, and that caused a lot of information to be irretrievable. He pointed out the business platform needed to be stabilized before the new financial IT system could be installed.

Following discussion between Commissioner Moss and Mr. LaVoy regarding the contractors used to provide Section 8 services, Chairman Barreiro expressed concern regarding certain segments of the population not being able to use the online registration for the affordable housing waiting list.

Mr. LaVoy explained MDHA would provide hands on training for the online waiting list at all public libraries and other public buildings, including Commission District Offices.

Responding to Commissioner Moss’ question regarding the financial support HUD had provided MDHA to improve the situation, Mr. LaVoy explained HUD had provided funding for the multi-million dollar contract with Nan McKay and Associates for Section 8 HCV, for the financial management services of Deloitte Touche for millions of dollars, for Section 8 HCV, in addition to the Nan McKay contract, and for additional training and technical service for the Scott Carver master developer agreement. He noted the total financial support was several million dollars.

Commissioner Jordan requested Mr. LaVoy include in the next quarterly report the figures for those additional financial resources he listed. She noted some Federal Agencies included technical assistance as a regularly provided service.

In response to Commissioner Jordan’s question concerning technical resources from the County, Special Assistant Glazer-Moon noted the fiscal year 2007-08 budget included $687,000 of General Funds allocated to MDHA, and a portion was for software and the other portion was for filing cabinets. She explained the County specified those funds would be held in abeyance and they could be used when needed. Special Assistant Glazer-Moon noted the County allocated $425,000 of those funds to support Ward Towers to allow the tax credit agreement to close.

Commissioner Jordan questioned whether MDHA was on target to accomplish the Work Plan within the nine month timeline in the settlement agreement.

Mr. LaVoy noted MDHA was making reasonable progress on the Work Plan. He pointed out the financial problems may prevent HUD from relinquishing MDHA to the County after the nine months. He suggested MDHA was making adequate progress that HUD would relinquish MDHA in the one year timeline in the settlement agreement.

Hearing no other questions or comments, the Commission proceeded to vote.
 
  5/14/2008 Forwarded to the full BCC by the BCC Chairperson as requested by the Economic Development and Human Services Committee  
14B1 SUPPLEMENT  
  081533 Supplement      
  SUPPLMENTAL REPORT RE: US HUD/COUNTY WORK PLAN Presented
  5/14/2008 Forwarded to the full BCC by the BCC Chairperson as requested by the Economic Development and Human Services Committee  
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  081458 Report      
  PROPOSED PUBLIC HEARINGS DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON MAY 20, 2008(Clerk of the Board) Accepted
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
15B2  
  081459 Report      
  APPROVAL OF MIAMI-DADE PROPERTY APPRAISER PERSONAL PROPERTY CUT-OUT SUMMARY SHEETS(Clerk of the Board) Approved
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15C1  
  081532 Nomination      
  REAPPOINTMENT OF PLANNING ADVISORY BOARD (PAB) AT LARGE SEATS(Clerk of the Board) Appointed
Mover: Jose "Pepe" Diaz
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Souto
15C2  
  081604 Report      
  APPOINTMENT OF PAOLA PIERRE TO THE LIVING WAGE COMMISSION Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C3  
  081606 Report      
  APPOINTMENT OF SHARON K. JOHNSON TO THE COMMISSION FOR WOMEN Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C4  
  081607 Report      
  APPOINTMENT OF ALFREDO HIDALGO-GATO TO THE COMMUNITY RELATIONS BOARD Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C5  
  081608 Report      
  APPOINTMENT OF ERIC HO (MING LAU HO) TO THE ASIAN AMERICAN BOARD Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C6  
  081609 Report      
  REAPPOINTMENT OF GREGORY T. PIERCE TO THE BOARD OF RULES AND APPEALS Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C7  
  081610 Report      
  REAPPOINTMENT OF ARVA PARKS TO THE VIZCAYA MUSEUM AND GARDENS TRUST Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C8  
  081611 Report      
  APPOINTMENT OF ROGER CARLTON TO THE HISTORIC PRESERVATION BOARD Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C9  
  081786 Report      
  APPOINTMENT OF JUDITH FUTERFAS TO THE MANATEE PROTECTION PLAN REVIEW COMMITTEE Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15C10  
  081910 Report      
  APPOINTMENT OF JOHN T. MCHUGH TO THE AFFORDABLE HOUSING ADVISORY BOARD Appointed
Mover: Carlos A. Gimenez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sorenson , Martinez , Seijas
Absent, OCB: Souto
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15E MAYOR’S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
16 ITEMS SCHEDULED FOR THURSDAY  
16A SPECIAL PRESENTATIONS (Scheduled for 8:00 a.m.)  
16A1  
  081484 Service Awards     Bruno A. Barreiro        
  PRESENTATION OF SERVICE AWARDS: GRACE A. CLARK - BUILDING - 30 YEARS EUGENE RIGBY - CAA - 35 YEARS GERALD F. GOODMAN - DHS - 35 YEARS YOLANDE MATHEWS - DHS - 30 YEARS VINCENT FRANCESE JR. - MDT - 30 YEARS GARY S. PETIT - MDT - 30 YEARS EDDIE MARTIN - SWMD - 35 YEARS Presented
16A2  
  081514 Commendation     Katy Sorenson        
  PRESENTATION OF A COMMENDATION TO BAPTIST HEALTH SOUTH FLORIDA - FORTUNE 100 COMPANY Presented
16A3  
  081515 Certificate of Appreciation     Sally A. Heyman
Joe A. Martinez
Sen. Javier D. Souto
       
  PRESENTATION OF CERTIFICATES OF APPRECIATION TO ''DROP SAVERS POSTER CONTEST WINNER'' Presented
16A4  
  081363 Certificate of Appreciation     Rebeca Sosa        
  PRESENTATION OF CERTIFICATES OF APPRECIATION TO LEADERSHIP MIAMI TEAM VII 2008 Presented
  5/6/2008 Not presented by the Board of County Commissioners  
16A5  
  081517 Certificate of Appreciation     Katy Sorenson        
  PRESENTATION OF CERTIFICATES OF APPRECIATION TO TEAM METRO BEAUTIFICATION PROJECTS Presented
16A6  
  081371 Certificate of Appreciation     Rebeca Sosa        
  PRESENTATION OF A CERTIFICATE OF APPRECIATION TO THE S.W. SENIOR SERVICE CENTER Presented
  5/6/2008 Not presented by the Board of County Commissioners  
16A7  
  081519 Proclamation     Katy Sorenson        
  PRESENTATION OF A PROCLAMATION TO AFL-CIO FOR HEALTH CARE REFORM DAY Presented
16A8  
  081544 Commendation     Rebeca Sosa        
  PRESENTATION OF A COMMENDATION TO RYAN KAIRALLA Presented
16A9  
  081554 Proclamation     Audrey M. Edmonson        
  PRESENTATION OF A PROCLAMTION TO EDISON PARK CHESS CLUB Presented
16B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
16C ZONING AGENDA (Scheduled for 9:30 a. m.)  
  REPORT: The official minutes of the May 22, 2008, Zoning meeting are on file in the Office of the Clerk of the Board.  
16D METROPOLITAN PLANNING ORGANIZATION AGENDA (Scheduled for 2:00 p.m.)  
17 COMMUNITY REDEVELOPMENT AGENCY AGENDA  
  REPORT: The Board of Commissioners of the West Perrine Community Redevelopment Agency (CRA) convened in the County Commission Chambers on the Second Floor of the Stephen P. Clark Government Center, 111 N.W. First Street, Miami, Florida at 12:05 p.m., May 20, 2008, there being present upon roll call the Honorable Chairman Bruno A. Barreiro, Vice-Chairwoman Barbara J. Jordan, and Commissioners Jose “Pepe” Diaz, Audrey M. Edmonson, Carlos A. Gimenez, Sally A. Heyman, Joe A. Martinez, Dennis C. Moss, Dorrin D. Rolle, Natacha Seijas, Katy Sorenson, and Rebeca Sosa (Commissioner Javier D. Souto was absent); County Attorney Robert Cuevas; Special Assistant to the County Manager Jennifer Glazer-Moon; and Deputy Clerks Kay Sullivan and Scott Rappleye.  
17A1  
  081499 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE WEST PERRINE COMMUNITY REDEVELOPMENT AGENCY APPROVING THE WEST PERRINE COMMUNITY REDEVELOPMENT AGENCY BUDGET FOR FISCAL YEAR 2007-08(Office of Strategic Business Management) Adopted
Resolution CRA-1-08
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Souto
17A2  
  081498 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE WEST PERRINE COMMUNITY REDEVELOPMENT AGENCY ADOPTING AND RECOMMENDING APPROVAL OF AN AMENDMENT TO THE WEST PERRINE COMMUNITY REDEVELOPMENT PLAN RELATING TO THE WEST PERRINE REDEVELOPMENT AREA DESCRIBED GENERALLY AS BOUNDED ON THE NORTH BY SW 168TH STREET, BOUNDED ON THE EAST AND SOUTHEAST BY STATE ROAD 5 (US 1), AND BOUNDED ON THE WEST AND SOUTHWEST BY THE STATE ROAD 821 (THE HOMESTEAD EXTENSION OF FLORIDA’S TURNPIKE) TO PROVIDE FOR COMMUNITY POLICING INNOVATIONS AND RIGHT-OF-WAY ENHANCEMENT IN THE WEST PERRINE COMMUNITY REDEVELOPMENT AREA(Office of Strategic Business Management) Adopted
Resolution CRA-2-08
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Souto
  REPORT: There being no further business to come before the Board of Commissioners of the West Perrine CRA, the meeting adjourned at 12:07 p.m.  
19 ADJOURNMENT  
  REPORT: There being no other business to come before the Commission, the meeting adjourned at 4:35 p.m.  
3 CONSENT AGENDA  


12/22/2014       Agenda Key: 2507

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