FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Tuesday, May 4, 2010
As Advertised
Commission Chambers
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Members Present: Barbara J. Jordan; Dorrin D. Rolle; Audrey M. Edmonson; Bruno A. Barreiro; Rebeca Sosa; Carlos A. Gimenez; Katy Sorenson; Dennis C. Moss; Sen. Javier D. Souto; Joe A. Martinez; Jose "Pepe" Diaz; Natacha Seijas
Members Absent: None
Members Late: Sally A. Heyman
Members Excused: None
Members Absent County Business: None

         
1 MINUTES PREPARED BY:  
  REPORT: Alan Eisenberg, Commission Reporter, (305)375-2510  
1A ROLL CALL  
  REPORT: The following staff members were present: County Attorney Robert Cuevas, First Assistant County Attorney Abigail Price-Williams; County Manager George Burgess; Budget Director Jennifer Glazer-Moon; and Deputy Clerks Diane Collins and Alan Eisenberg.  
1B MOMENT OF SILENCE  
1C PLEDGE OF ALLEGIANCE  
 
1D SPECIAL PRESENTATIONS  
1D1  
  100643 Special Presentation     Dennis C. Moss        
  CLEAN UP AND GREEN UP POSTER CONTEST WINNERS THRU THE OFFICE OF COMMUNITY IMAGE (CIAB) Presented
  REPORT: Chairman Moss acknowledged Ms. Christina Casada, Community Image Manager; the Community Image Advisory Board (CIAB); the Public Works, Solid Waste, Planning and Transit Departments; and community partners including the City of Miami, the City of Miami Beach, the City of Miami Gardens and other municipalities; the Florida Department of Transportation; and the Miami-Dade Expressway Authority, for their participation. He expressed appreciation to event sponsors: Ms. Alyce Robertson, Downtown Development Authority; Dr. Claudius Carnegie and Ms. Mabel Morales, Miami-Dade School Board; Ms. Karen Tynes, Miami Herald; Mr. Bill Talbert, Greater Miami Convention and Visitors Bureau (GMCVB); and Ms. Alison Walker, Fairchild Tropical Botanic Gardens. Chairman Moss also expressed his appreciation to Ms. Lina Blanco, for serving as CIAB Marketing and Education Committee Chairwoman.

Ms. Casada acknowledged over 2,500 students for their participation; noting the importance of keeping the community clean and green. She expressed her appreciation to the sponsors for hosting meetings, providing prizes and other essential support. Ms. Casada thanked Judges Penny Lambeth, Benjamin Melendez, Diana Perez, Karen Tynes, Alyce Robertson and Alison Walker.

Commissioner Sosa announced the following District 6 winners:
1st Place - Mr. Richard Martin, South Hialeah Elementary School
3rd Place - Ms. Phyllis Quach, Miami Springs Senior High School

Commissioner Sorenson announced the following District 8 winners:
2nd Place - Ms. Kaylee Hernandez, Perrine Elementary Expressive Arts School
2nd Place - Mr. Carlos Lopez, Southwood Middle School

Commissioner Seijas announced the following District 13 winners:
1st Place - Ms. Christina Villar, Lawton Chiles Middle School
1st Place - Ms. Carolina Acosta, Hialeah Gardens Senior High School

Commissioner Martinez announced the following District 11 winner:
3rd Place - Ms. Ashley Gomez, Lamar Louise Curry Middle School

Commissioner Diaz announced the following District 12 winners:
2nd Place � Ms. Rose Villacorta, Mater Lakes Academy School
3rd Place � Mr. Yovanis Calderon, Mater Academy Charter School

Ms. Casada announced that all 1st Place winners received a Sony Play station III; 2nd Place winners in the Elementary category received a Nintendo DS Light and in the Middle and High School categories received an Ipod Nano; 3rd Place winners in the Elementary and Middle School categories received a $100 AMC Movie gift card and High School category winners received a $100 Dave & Busters gift card. She noted that teacher gifts for each of the winning students were donated by the GMCVB. Ms. Casada also noted a random drawing sponsored by the GMCVB was held and asked Commissioner Diaz to award a pizza party to Lamar Louise Curry Middle School and a $70 Miami Spice gift certificate to their teacher, Ms. Carrodeguas.

Ms. Casada acknowledged the following volunteers from the Brown-Mackie College for sorting through the 2,500 entries: Jacqueline Mesquita, Annie Neals, Juan Tamarit, Tracey Lewis, Hilda Cepeda, Jarvon Robinson, Tony Patterson, Bernice Harris, Diane Gayle, Heyzel Obando, Hiawatha Reese, Tewanna Robinson, Richard Wright, Jansen Crum, Nadege Cothiere, Shakera Bush, Yanitza Martinez, Jimmy Victor, Alvino Wilburn, Benjamin Melendez, Shiba Gayle and Angelica Amaya.
 
1D2  
  101044 Commendation     Sally A. Heyman        
  PRESENTATION OF A COMMENDATION TO THE ANIMAL SERVICE DEPARTMENT, FOR BEING SELECTED BY THE ASPCA AS THE NEWEST ASPCA PARTNER COMMUNITY Presented
  REPORT: Commissioner Sosa presented a commendation on behalf of Commissioner Heyman to the Animal Services Department for being selected among ten nationwide communities as an American Society for the Prevention of Cruelty to Animals (ASPCA) partner community. She noted ASPCA�s mission was to prevent the mistreatment of animals throughout the United States. Commissioner Sosa recognized Dr. Sara Pizano, Animal Services Director, noting that this recognition sent a positive message that Miami-Dade County was protective and sensitive to animals.  
1D3  
  101140 Special Presentation     Dennis C. Moss        
  PRESENTATION OF PROCLAMATIONS TO DISTINGUISH VISITORS FROM NIGERIA Presented
  REPORT: Chairman Moss recognized distinguished visitors from Nigeria who were part of the International Artist Osun�s Village in African Caribbean Cultural Arts Corridors Cultural Exchange Initiative. He welcomed them to Miami-Dade County and presented a proclamation to Prince Emanuel. Chairman Moss noted that recognition would also be presented to two princesses who were attending another meeting. He acknowledged Ms. Barbara Howard for facilitating this event.

Ms. Howard recognized Chief Nathanial Styles and Mr. Harland Woodard for organizing their visit to Miami-Dade County.

Chief Styles noted he was the co-initiator of the Osun�s Village whose objective was to build tourism, international trade and cultural exchange between Miami-Dade County, Nigeria and the Caribbean. He said that the project also included commercial fa�ade renovations; transforming both the physical environment as well as the consciousness of the community. Chief Styles expressed his appreciation to the County Commission for extending this honor.
 
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1E1  
  101039 Citizen's Presentation     Sen. Javier D. Souto        
  PRESENTATION FROM ROBERT CAMBO REPRESENTING THE SOUTH FLORIDA AUTISM CHARTER SCHOOL AND MR. RUBEN ABELLA REPRESENTING THE EQUESTRIAN SHOWS RE: MIAMI INTERNATIONAL AGRICULTURE & CATTLE SHOW Presented
  REPORT: Mr. Robert Cambo, Vice-Chairman and Co-founder of the South Florida Autism Charter School, noted that a child was diagnosed with autism every 20 minutes; that one in 91 children had Autism; that one in 59 boys were diagnosed with Autism; that boys were four times more likely than girls to be diagnosed with Autism; and that girls with Autism had cases which were twice as severe. He noted that families spend between $3 million to $5 million to support a child with Autism during their lifetime and that more children would be diagnosed with Autism this year than with Cancer, Diabetes, Downs Syndrome and Aids combined. Mr. Cambo said that Autism research received less than five-percent funding than most of the prevalent childhood disorders and had only recently been studied in medical schools. He noted over 1 million children with Autism in the United States and estimated 8,000 � 10,000 children in Miami-Dade County with the disorder. Mr. Cambo said there was no known cure for Autism.

Mr. Cambo noted the first Charter School for Autistic Children was created due to issues related to locating a suitable educational setting for his Autistic child; the $45,000 annual cost for a private school education; and the problems for families with multiple Autistic children. He said the School currently served 81 Autistic children through a combination of Miami-Dade School Board and State funding with nine children and three teachers per classroom.

Mr. Cambo expressed his appreciation to Commissioner Souto and Chairman Moss for the School�s participation in the Miami International Agriculture and Cattle Show as part of their fundraising efforts. He said that over 46,000 people attended the two-day show which raised over $82,000 for the School. Mr. Cambo noted the School would now complete its first year of operation with surplus funds; allowing the addition of nine children next year and the opening of a ninth grade class. He recognized Commissioner Souto as the Patron Saint of the School�s 81 Autistic children.

Mr. Ruben Abella, Miami-Dade Horse Council, representing seven associations throughout Miami-Dade County noted three objectives for the organization: 1) to finish phase two of Tropical Park Equestrian Center, making the Center a world class center that would attract national and international horse shows; 2) to protect and enhance the horse country area in the Redlands ensuring the area remained an exclusive agricultural, equestrian and tourist attraction; and 3) to increase public awareness of the horse industry in Miami-Dade County. He expressed appreciation to the County Commissioners for their support and efforts to expand the horse industry in the County.

Commissioner Souto acknowledged Chairman Moss and his colleagues for the success of the Miami International Agriculture & Cattle Show and their efforts to help Autistic children and their families. He asked Mr. Ruben Abella, Miami Dade Horse Council, to provide a copy of the video depicting the South Florida Autism Charter School and the Miami International Agriculture & Cattle Show to each commissioner. He also asked County Manager Burgess to display video clippings of the show in public libraries, and to submit a report on the economic impact of the Equestrian Center on this community.
 
1E2  
  100969 Citizen's Presentation     Dennis C. Moss        
  BILL TALBERT RE: THE STATE OF THE INDUSTRY Presented
  REPORT: Chairman Moss presented a proclamation to Mr. Bill Talbert, President and Chief Executive Officer, Greater Miami Convention and Visitors Bureau (GMCVB) in recognition of National Travel and Tourism Week (May 8 -16, 2010).

Mr. Talbert also presented a proclamation to the Mayor, County Commissioners, and County Manager in recognition of Miami-Dade County�s continuous support of the GMCVB.

Mr. Bill Talbert, President and Chief Executive Officer, Greater Miami Convention and Visitors Bureau (GMCVB), presented the 2009 Greater Miami and Miami-Dade County Travel and Tourism report. He noted the International Pow Wow which was the leading travel show across the world for foreign buyers of U.S. travel, contributed to the favorable report which he was about to present, and acknowledged the County Commission for its financial support. Mr. Talbert also noted the successful Miami Where Worlds Meets program which was also supported by the County as a part of the Miami-Dade Marketing Initiative in cooperation with the Beacon Council and American Airlines.

Mr. Talbert reported that Miami-Dade County�s 2009 domestic and international overnight visitors� rate was at 98.4 percent of the previous year. He noted this rate was a significant accomplishment considering 2009 was the worst year for travel and tourism and 2008 was the best year ever with the largest number of County visitors. Mr. Talbert noted a 3.8 percent increase in international visitors' spending. Mr. Talbert said that the largest number of international visitors was from South America; that South America represented eight of the leading 20 international feeder markets; and that South America visitors represented a 2.8 percent increase.

Additionally, Mr. Talbert noted 98.1 percent of visitors said they had a great time which was the highest satisfaction level ever received. He said that the increased satisfaction resulted from the GMCVB�s customer service programs such as the Miami Begins with Me, the Miami Begins with MIA and Miami Begins with the Port of Miami programs supported by the County. Mr. Talbert said that over 85 percent of overnight visitors were repeat customers.

Mr. Talbert noted the GMCVB would release its complete visitor profile report later today (5/04). He said the number one priority for the GMCVB was the expansion of The Miami Beach Convention Center (MBCC). Mr. Talbert noted bond money was used to hire Arquitectonica and monthly meetings led by the City of Miami Beach and attended by County Executive and Commission staffs were being held to address making the MBCC more competitive. He said a community meeting would be held on May 13th at 6:00 p.m. and welcomed public participation.

Mr. Talbert said the GMCVB had established a relationship with the New York Times and free stories appeared in that publication almost weekly about Miami being both a vacation and meeting destination. He said the GMCVB membership base had grown last year. Mr. Talbert noted the International Pow Wow was excited about returning to Miami-Dade County. He said efforts were underway to host another Super Bowl; the American Institute of Architects meeting would be held in June; and the Miami-Dade Sports Commission would be hosting many sporting groups in Miami. Mr. Talbert expressed concern over the impact from the Gulf of Mexico oil spill and said that preparations were underway to prevent any potential damage to the local travel industry, the County�s number one employer.

Commissioner Barreiro asked County Manager Burgess to ensure that the Department of Environmental Resources Management, the Department of Parks and Recreation and other County departments' develop an action plan and preventative measures to minimize the environmental impact of the Gulf of Mexico oil spill on our community.

County Manager George Burgess responded that individuals were being convened and the initial focus was to understand the science, the potential impact and the appropriate response methods. He said the order of magnitude of the environmental destruction was beyond description. Manager Burgess noted it was discouraging to witness the effects of the oil spill to the estuaries, to the Gulf of Mexico and to Florida�s west coast and that the oil spill was likely to move around the Florida Keys and then up Florida�s east coast.

Commissioner Diaz noted he was a strong voice against offshore oil drilling. He commended Mr. Talbert for his diligent efforts; his nationwide leadership and respect within the travel and tourism industry. He said that increasing the size of the Convention Center would not be easy but was essential and offered his support to Commissioner Barreiro�s efforts in this regard.

Commissioner Sosa acknowledged Commissioner Barreiro for keeping everyone informed and for his understanding the necessity for the MBCC. She noted the need for bringing major conventions to Miami and for being competitive with Orlando and other major convention cities. Commissioner Sosa said the County deserved an expanded and competitive convention center. She noted her desire that the City of Miami Beach and the County work cooperatively to participate in this effort.

County Manager Burgess responded that the Committee was represented by County staff; the MBCC�s vision was bold and grandiose; and methods to fund this vision needed to be determined.

Commissioner Sosa noted that representatives from both the Mayor and County Manager�s offices were fully participating in MBCC meetings and expressed her desire that all parties continue making progress toward an improved Center.

Chairman Moss said that the Orlando Convention Center continued expansion despite its current size. He noted that Miami needed to ensure its facility remained competitive and for everybody to collectively work toward this goal.

Commissioner Souto said the oil spill had the potential to paralyze several states and asked that appropriate contacts in Washington be activated. He noted tourism was the life blood of the community and the County Commission needed to support the MBCC's expansion efforts.

Commissioner Diaz asked County Manager Burgess to consider using the Convention Center in Hong Kong as a model for the Miami Beach Convention Center�s expansion, particularly the size, the five-story vertical structure, and transit integration.

Commissioner Barreiro responded that he would review Hong Kong�s Center and other models throughout the world. He noted the overall vision needed to be addressed; the hotel option needed to be seriously considered as a project component; and the need for vertical expansion.
 
1F REPORTS OF OFFICIAL BOARDS  
1F1  
  100712 Report      
  SUNSET REVIEW OF COUNTY BOARDS FOR 2010 - SOCIAL AND ECONOMIC DEVELOPMENT COUNCIL (SEDC) Accepted
Report
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Report Received by the Budget, Planning and Sustainability Committee  
1F2  
  100316 Report      
  SUNSET REVIEW OF COUNTY BOARDS FOR 2010 - FIRE PREVENTION AND SAFETY APPEALS BOARD Accepted
Report
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Report Received by the Health, Public Safety & Intergovernmental Cmte  
1G MOTION TO SET THE AGENDA AND "PULL LIST"  
  REPORT: County Attorney Robert Cuevas noted in addition to the County Manager�s Memorandum entitled �Changes for the May 4, 2010 BCC Meeting,� Commissioner Diaz asked to be listed as a co-sponsor to Item 4E; Commissioner Souto asked to be listed as a co-sponsor to Item 5A; Commissioner Gimenez asked to be listed as an additional pulling commissioner to Items 8A1F, 8F1D and 8F1E; Commissioner Gimenez also asked to add Item 8J1A to the Pull List; Commissioner Heyman asked that Item 8L1A be deferred until the May 18, 2010 BCC Meeting; Commissioner Souto asked to release Items 8N1A, 8N1B, 8N1C and 8N1D; Commissioner Martinez asked to release Item 8P1D; Commissioner Heyman released Items 8P1E, 8P1F; Commissioner Martinez asked to add Item 8P1F to the Pull List; Commissioner Gimenez asked to be listed as a co-sponsor to Item 11A10; County Attorney Cuevas said that Item 801C was to be removed from the Pull List and deferred to no date certain for legal reasons; and that Item 11A32 was distributed today (5/04) for consideration and that Commissioners Seijas, Sosa, Barreiro, Martinez, Rolle and Gimenez had asked to pull this Item.

County Attorney Cuevas stated the items to be considered at today�s (5/04) meeting, would be those items listed in the printed final agenda, with the additions, deferrals, withdrawals, and scrivener�s errors noted in the County Manager�s Memorandum entitled �Changes to the May 4, 2010 BCC Meeting,� and the aforementioned items. The Commission would approve all of those items by single vote, setting the agenda, except for ordinances on first reading, public hearings, policy matters for discussion under Sections 6B, ordinances on second reading, and the following Pull list Items: 8A1A, 8A1C, 8A1D, 8A1F, 8A1F Supplement, 8D1C, 8D1D, 8F1A, 8F1B, 8F1D, 8F1E, 8J1A, 8K1B, 8K1B Supplement, 8M1A, 8M1C, 8O1A, 8P1A, 8P1B, 8P1D, 8P1E, 8P1F, 8P1G, 8R1A, 11A3, 11A4, 11A7, 11A11, 11A12, 11A14, 11A15, 11A32, 14A1, 14A2, 14A3, 14A4 and 14A5.

County Attorney Cuevas noted the public hearing for Special Item No. 1 Amended, adopted on first reading at the May 3, 2010 BCC Special Meeting would be held at the May 18, 2010 BCC Meeting.

County Attorney Cuevas also noted that the BCC waived committee review of the Charter Amendment Item relating to franchises and requested this Item be added to the May 18, 2010 BCC Meeting Agenda.

It was moved by Commissioner Rolle that the County Manager�s Memorandum entitled �Changes for the May 4, 2010 BCC Meeting,� be approved with the additional changes noted by County Attorney Cuevas. This motion was seconded by Chairman Moss, and upon being put to a vote, passed by a vote of 11-0, (Commissioners Heyman and Diaz were absent).
 
1H OFFICE OF COMMISSION AUDITOR  
1I OFFICE OF INTERGOVERNMENTAL AFFAIRS  
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2B1  
  101151 Report     Mayor        
  APPROVAL OF DEPARTMENTAL AGENDA ITEMS Approved
Report
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
2C OTHER ISSUES  
3 CONSENT ITEMS  
4 ORDINANCES FOR FIRST READING  
4A  
  100939 Ordinance     Audrey M. Edmonson        
  ORDINANCE REPEALING CHAPTER 17, ARTICLE X OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE COMMUNITY AFFORDABLE HOUSING STRATEGIES ALLIANCE; AND AMENDING CHAPTER 17, ARTICLE VI OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE AFFORDABLE HOUSING ADVISORY BOARD Deferred to No Date Certain
Ordinance
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: The foregoing proposed ordinance was deferred to no date certain.  
  4/20/2010 Deferred by the Board of County Commissioners  
  4/20/2010 Tentatively scheduled for a public hearing by the Board of County Commissioners  
4B  
  101011 Ordinance   Carlos A. Gimenez
Dorrin D. Rolle
Rebeca Sosa
       
  ORDINANCE AMENDING SECTION 2-481 OF THE CODE OF MIAMI-DADE COUNTY RELATED TO THE COMMISSION AUDITOR�S ACCESS TO INFORMATION; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE Adopted on first reading
Public Hearing: June 8, 2010
Ordinance 10-46
Mover: Carlos A. Gimenez
Seconder: Joe A. Martinez
Vote: 10 - 1
No: Seijas
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget, Planning & Sustainability Committee on Tuesday, June 8, 2010 at 2:00 PM.
 
4C  
  101007 Ordinance     Sally A. Heyman        
  ORDINANCE AMENDING SECTIONS 7-3, 8A-172, 8A-276(B), 8CC(10), 21-28, 21-31.2(B)(1) AND (2), 21-31.4(B), 26-1, 30-468, 30-469 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; INCLUDING ADDITIONAL PENALTIES; CREATING SECTION 8CC-5.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Withdrawn
Ordinance
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
4D  
  101015 Ordinance   Joe A. Martinez
Sen. Javier D. Souto
Dennis C. Moss
Carlos A. Gimenez
Sally A. Heyman
       
  ORDINANCE AMENDING SECTION 25A-3(F) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOLDING REGULAR MEETINGS OF THE BOARD OF TRUSTEES OF THE PUBLIC HEALTH TRUST IN COMMISSION CHAMBERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM NO. 12B2) Adopted on first reading
Public Hearing: June 10, 2010
Ordinance 10-55
Mover: Carlos A. Gimenez
Seconder: Joe A. Martinez
Vote: 10 - 1
No: Seijas
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health, Public Safety & Intergovernmental Committee on Thursday, June 10, 2010 at 9:30 AM.
 
4E  
  100981 Ordinance     Rebeca Sosa
Jose "Pepe" Diaz
Dorrin D. Rolle
Sen. Javier D. Souto
       
  ORDINANCE RELATING TO SEWER CONNECTIONS; AMENDING SECTION 24-43.1(7) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE FOR A TWO-YEAR MORATORIUM ON CONNECTIONS TO SEWER MAINS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AN EFFECTIVE DATE AND A SUNSET PROVISION Adopted on first reading
Public Hearing: July 13, 2010
Ordinance
Mover: Carlos A. Gimenez
Seconder: Joe A. Martinez
Vote: 10 - 1
No: Seijas
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on Tuesday, July 13, 2010 at 9:30 AM.
 
  4/27/2010 Requires Municipal Notification by the Board of County Commissioners  
4F  
  101030 Ordinance     Rebeca Sosa        
  ORDINANCE PERTAINING TO REGULATION OF ADVERTISEMENTS; AMENDING SECTION 8A-110 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE A WARNING BEFORE IMPOSITION OF A FINE; AMENDING SECTION 8CC OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO CHANGE THE FINES FOR VIOLATION OF SECTION 8A-110; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: June 8, 2010
Ordinance
Mover: Carlos A. Gimenez
Seconder: Joe A. Martinez
Vote: 10 - 1
No: Seijas
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Government Operations Committee on Tuesday, June 8, 2010 at 9:30 AM.
 
4G  
  101024 Ordinance     Rebeca Sosa        
  ORDINANCE RELATING TO CONTRACTOR RESPONSIBILITY, ADMINISTRATIVE SUSPENSION AND DEBARMENT OF CONTRACTORS FROM COUNTY WORK; ESTABLISHING CRITERIA TO DETERMINE CONTRACTOR RESPONSIBILITY; CREATING PROCEDURE FOR ADMINISTRATIVE SUSPENSION NOT TO EXCEED ONE YEAR FOR NON-RESPONSIBLE CONTRACTORS AND AMENDING PROCEDURE FOR DEBARMENT OF CONTRACTORS; CREATING SECTION 2-8.4.2 AND DELETING SECTION 10-38 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Procurement Management Department) Adopted on first reading
Public Hearing: June 8, 2010
Ordinance
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Seijas asked to bifurcate this proposed ordinance in order to vote separately.

There being no further questions or comments, the Commission proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget, Planning & Sustainability Committee on Tuesday, June 8, 2010 at 2:00 PM.

Note: During consideration of the changes to today�s (5/04) agenda, County Attorney Robert Cuevas noted that a scrivener�s error was corrected to add Commissioner Sosa as a co-sponsor on this proposed ordinance.
 
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  100989 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Sen. Javier D. Souto
       
  RESOLUTION CO-DESIGNATING SW 69TH AVENUE FROM SW 8TH STREET TO SW 16TH STREET AS ''EUGENIO PINO WAY'' Adopted
Resolution R-462-10
Mover: Rebeca Sosa
Seconder: Sen. Javier D. Souto
Vote: 8 - 0
Absent: Heyman , Sorenson , Moss , Martinez , Seijas
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5B  
  100934 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE OPERATION OF THE NO PLACE LIKE HOME PROGRAM ON A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SW 152 STREET BETWEEN SW 121 AND SW 124 AVENUES, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY(Department of Planning & Zoning) Adopted
Resolution R-463-10
Mover: Joe A. Martinez
Seconder: Katy Sorenson
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5C  
  100963 Resolution      
  RESOLUTION APPROVING THE GENERAL PLAN FOR THE DEVELOPMENT AND OPERATION OF A 24-ACRE PARK SITE KNOWN AS SEMINOLE WAYSIDE PARK, LOCATED AT 29901 US 1, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY(Department of Planning & Zoning) Withdrawn
  REPORT: See 5C Substitute  
5C SUBSTITUTE  
  101124 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE GENERAL PLAN FOR THE DEVELOPMENT AND OPERATION OF A 24-ACRE PARK SITE KNOWN AS SEMINOLE WAYSIDE PARK, LOCATED AT 29901 US 1, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 100963](Department of Planning & Zoning) Adopted
Resolution R-464-10
Mover: Katy Sorenson
Seconder: Sen. Javier D. Souto
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

Vice-Chairman Diaz questioned the funding source for this proposed resolution.

Assistant County Manager Alex Munoz responded that this proposal was a planning document for park development. He noted the practice was consistently utilized for all County facilities and no money was currently identified for development purposes. Assistant County Manager Munoz said this proposal provided for the preparation of a planning document in anticipation of a future grant or other funding. He said this was a culmination of the planning process and no funding allocation was included.

There being no further questions or comments, the Commission proceeded to vote.
 
5D  
  100966 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE GENERAL PLAN FOR THE DEVELOPMENT AND OPERATION OF A 10.21-ACRE PARK SITE KNOWN AS BRIAR BAY LINEAR PARK, LOCATED SOUTH OF THE C-100 CANAL BETWEEN SW 92 AND SW 97 AVENUES, IN COMPLIANCE WITH SECTION 33-303 OF THE CODE OF MIAMI-DADE COUNTY(Department of Planning & Zoning) Adopted
Resolution R-465-10
Mover: Katy Sorenson
Seconder: Sen. Javier D. Souto
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5E  
  100973 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF COMMUNITY HEALTH CENTER, LOCATED IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP 53 SOUTH, RANGE 41 EAST (BOUNDED ON THE NORTH BY NW 54 STREET, ON THE EAST BY APPROXIMATELY NW 21 AVENUE, ON THE SOUTH BY NW 52 STREET, AND ON THE WEST BY NW 22 AVENUE)(Public Works Department) Adopted
Resolution R-466-10
Mover: Audrey M. Edmonson
Seconder: Joe A. Martinez
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5F  
  100974 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, D-23043, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 55 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY CANAL C-1W RIGHT OF WAY, ON THE EAST BY CANAL C-1W RIGHT-OF WAY, ON THE SOUTH BY APPROXIMATELY SW 120 STREET, AND ON THE WEST BY SW 157 AVENUE)(Public Works Department) Adopted
Resolution R-467-10
Mover: Audrey M. Edmonson
Seconder: Joe A. Martinez
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5G  
  101031 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION CO-DESIGNATING SW 30 STREET FROM SW 132 AVENUE TO SW 134 AVENUE AS ''JACLYN ELISSE TORREALBA STREET'' Adopted
Resolution R-468-10
Mover: Joe A. Martinez
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice-Chairman Diaz opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. After hearing no one, he closed the public hearing.

There being no questions or comments, the Commission proceeded to vote.
 
5H  
  101034 Resolution      
  RESOLUTION APPROVING SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NOS. 126 - ''MIAMI RIVER GREENWAY'' AND 127 - ''IMPROVE AND EXTEND THE COMMODORE BIKE TRAIL,'' EACH IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-914-04 - AFTER A PUBLIC HEARING [SEE ORIGINAL ITEM UNDER FILE NO. 100799](Public Works Department) Deferred to May 18, 2010
Resolution
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: Note: During consideration of the changes to today�s (5/04) agenda, the Board corrected a scrivener�s error to the language contained under �Scope,� handwritten page 1, paragraph 3 to read: The scope of this resolution impacts portions of the Miami River Greenway located in Commission District �5� along the Miami River within the City of Miami and the Commodore Bike Trail located in �District 7� within the City of Coral Gables and the City of Miami.  
  4/14/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit, Infrastructure & Roads Committee  
6 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6A RESOLUTIONS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
6B1  
  101130 Discussion Item     Dennis C. Moss        
  DISCUSSION ITEM REGARDING PORT OF MIAMI Presented
  REPORT: Mr. Bill Johnson, Port of Miami Director, noted he prepared a memorandum outlining cruise and cargo operations at the Port of Miami (Port) in response to several recent newspaper articles. He said he had always endeavored to maintain a professional approach; to be a good listener and a good partner. Mr. Johnson noted the past four years as Port Director had been robust. He said the news reports did not accurately or properly reflect the progress at the Port and that he was equally concerned with both cruise and cargo activity.

Mr. Johnson noted the Port was now the 11th busiest cargo operation nationwide and among the top three nationwide in cargo operations. He said that although down 2.6 percent in 2009, he expected to end 2010 in the black and to gain 5-percent in 2011. Mr. Johnson noted that most other ports were currently down between 12 � 25 percent. He said the Port was the second largest employer (175,000 jobs) and wealth generator ($18 billion) in the community. Mr. Johnson noted the Port was the highest paying industry in the community (over $55,000 annually) for individuals lacking a college degree or a GED.

Mr. Johnson assured County Commissioners that the Port was headed in the proper direction. He noted the Port would serve 39 percent of the Florida market with over 500,000 passengers between June and September; whereas its closest competitor, Port Canaveral, would serve only 358,000 passengers followed by Port Everglades with 307,000 passengers. Mr. Johnson said the Port was home to eight different cruise ships; Carnival (4), Royal Caribbean (2), and Norwegian (2) with five each at Port Canaveral and Port Everglades.

Mr. Johnson said that the competition at the Port was real; it had grown; it had gotten steeper; and it was significant. He noted the Port had served almost 15.8 million passengers since 2006; Port Everglades had served 10.6 million passengers and Port Canaveral 10.1 million passengers. Mr. Johnson said that the Port must continue providing excellent service both to the cruise passenger and to the cruise line; the Port needed to continue providing good value and a cost structure below the competition; and the Port needed to continue addressing the infrastructure and facilities needs of its partners. He noted the Port had recently completed a $100 million new facilities construction project for Carnival Cruise Line. Mr. Johnson said that Carnival was an important and significant partner; representing 1.9 million passengers annually. He noted that Port management, the County Executive Office and County Manager Burgess were all engaged to ensure the right thing was being done for all partners at the Port.

Mr. Johnson said it would be false to assume that the Port had its head buried in the sand or was asleep at the wheel. He noted a positive future for the Port in terms of both cruise and cargo operations. Mr. Johnson said a master plan for the Port through 2035 would be submitted in the fall of 2010 presenting a reasonable and intelligent approach to future cargo and cruise operations. He noted that he would be willing to individually meet with County Commissioners to discuss Port operations and to provide charts which depict passenger volume and revenue generated by the Port.

Mr. Johnson noted the importance of the cruise industry to Miami International Airport with a significant number of passengers flying through the airport for their cruise vacation. He said the cruise industry was the single largest contributor to hotel occupancy in Miami.

Mr. Johnson said that the Port of Miami Tunnel (Tunnel) project was proceeding and was extremely important to the Port�s future. He also noted the Port was among three ports along the east coast and the only port in Florida authorized by the U.S. Congress to deepen its harbor to 50 feet; doubling the Port�s cargo activity by 2020 to 2 million Twenty-Foot Equivalent Units (TEU�s) and expanding the local workforce by 33,000 jobs.

Mr. Johnson noted that although there was progress, there was much more work ahead for the Port. He said the Port was financially in the black; was in the best financial position than in the past 15 years; had a well managed capital and grant program; was rated the top port in Florida for safety and security; and had operated with the same budget for the past four years. Mr. Johnson said that the Port�s doors were always open for cruise, cargo and trucking partners; that progress had been made; and that much work remained.

Commissioner Diaz commended Mr. Johnson on a good job and said he was proud of the Port and its employees. He noted that competition was fierce and other ports were close to catching up; therefore, proactive steps needed to be implemented to maintain our number one cruise status. Commissioner Diaz questioned whether funds were already allocated for the deep dredge project.

Mr. Johnson responded to Commissioner Diaz that the $75 million funding for the deep dredge had not yet been received and a meeting was being held today (5/04) with Congressional leaders in Miami on this issue.

County Manager George Burgess said Miami-Dade County was ahead of its competitors in terms of the timing, steps and authorization process for the deep dredge project. He noted it was necessary to continue lobbying to receive this funding even though the cost of the project was significantly less than our competition.

Commissioner Diaz stressed the importance for his colleagues to address this funding concern with legislators in Washington. He asked Mr. Johnson to continue marketing the Port to the cruise industry; to evaluate the cruise industry�s concerns relating to the Port; and to reduce the waiting lines experienced by truckers at the Port.

Mr. Johnson noted an open door policy between the Port and its cruise industry partners. He said Port Administration would meet with cruise industry partners in collaboration with the County Executive Office at any place or time and with an open mind to evaluate concerns and to develop options. Mr. Johnson said he was equally concerned with both cargo and cruise operations. He noted Miami had the best cruise facilities of any port in the country and some of the best across the world. Mr. Johnson said it was unbelievable that the County could build $100 million of facilities without a single penny surcharge passed on to cruise passengers. He also noted the importance of providing good customer service at the Port.

Commissioner Souto acknowledged Mr. Johnson for his work, his effectiveness and his dedication to the County. He questioned the impetus behind the cruise lines relocating ships to Port Everglades.

Mr. Johnson responded that there was not a single answer to Commissioner Souto�s question. He said the Port was meeting its responsibility to be good listeners; to provide excellent service and a secure environment; to provide a good value and good facilities.

Mr. Johnson noted the cost structure at the Port was substantially less than at Port Everglades. He pointed out that he did not believe the Tunnel project was an issue prompting the cruise industry to relocate ships. Mr. Johnson said that the Tunnel project was an appropriate decision to support the Port�s $16 billion annual cargo business. He noted recent meetings to discuss the Tunnel project with Port Administration, the Florida Department of Transportation, the Tunnel contractor and representatives from both the cruise and cargo industries.

Commissioner Rolle commended Mr. Johnson, Mr. Juan Kuryla, Port of Miami Deputy Director and Port staff for their excellent work at the Port. He noted he was scheduling meetings with the cruise industry in cooperation with Assistant County Manager Ysela Llort and would report back to the County Commission with the results of these meeting.

Chairman Moss asked Commissioner Rolle to lead this effort as Chairperson of the Airport and Seaport Committee and to ensure this information was provided to the Commission.

Commissioner Jordan noted the Port leadership�s commitment to both cruise and cargo industry growth at the Port. She said that the Tunnel project was a decision made by the County Commission in the best interest of the community and the future of the Port, and was not dictated by either industry.

County Manager Burgess said that business decisions were made for strategic reasons and beyond the control of the County. He noted that the cruise industry had acknowledged that the Port�s terminals had never looked better and were never in better shape. Manager Burgess said that Royal Caribbean Cruise Lines� (Royal) decision to place the Oasis of the Seas at Port Everglades was appropriate due to the ship�s size, and that the County should not be discouraged over this decision. However; he indicated that issues remained which needed to be addressed. Manager Burgess further noted good progress had been made in addressing Carnival Cruise Lines� concerns and was optimistic about a new multi-year agreement. He said that both cruise and cargo operations were hugely important to the community, particularity in job creation and in the multiplier.
 
6B2  
  101136 Discussion Item     Dennis C. Moss
Audrey M. Edmonson
Dorrin D. Rolle
       
  DISCUSSION ITEM REGARDING THE RECENT SHOOTINGS IN MIAMI-DADE COUNTY Presented
  REPORT: Miami-Dade Police Department Director James Loftus noted an increase from 25 year-to-date murders in 2009 to 27 in 2010. Conversely, he noted that robbery rates had declined dramatically in 2009 and that the rate for 2010 was also declining which was remarkable considering the state of the economy. Director Loftus reported an increase in contact shootings (excluding when someone was killed) from 33 year-to-date in 2009 to 37 in 2010. He noted a year-to-date increase of 9 homicide cases (150 percent) in the Northside District.

Director Loftus noted two rival gangs with offshoots who were primarily responsible for the murders, non-fatal shootings, some of the robberies, and drive-by shootings which had occurred in the Northside District. He said those two gangs had been actively warring with each other since 2007 with at least 13 members attributed to each of these gangs and at least 100 cases linked by physical evidence. He said that a non-traditional form of prosecution would be reactivated that would follow a trail related to firearms evidence. Director Loftus noted a task force had been established which included the County, the City of Miami, the FBI, the ATF, and other municipalities and he anticipated joint prosecutions with these agencies in the future.

Commissioner Souto commented on the sole citizen who saved the day by detecting and alerting authorities to a car bomb in New York City. He noted his observations that crime watch issues had become relaxed and more of a social gathering than to acquire technical skills. Commissioner Souto asked Director Loftus to provide additional training to residents on effective crime watch techniques. He also asked the Director to ensure that proper police protection and safety mechanisms were in place at the Earlington Heights Metrorail Station and all other transit corridors connected to the Miami Intermodal Center (MIC); and to explore the possibility of reinstating the tourism police patrol at the airport. Commissioner Souto noted his appreciation of Director Loftus� willingness to listen to his concerns and to maintain an open line of communication.

Director Loftus noted Commissioner Souto presented three excellent points. He said that the Department was aware that people witness these events; were afraid to come forward; and were intimidated by the gangs. Director Loftus said that citizen participation and observation was essential to neighborhood crime watch efforts. He noted he shared Commissioner Souto�s concerns related to the MIC and was prepared to address those issues.

Commissioner Jordan questioned the total number of gangs within Miami-Dade County and not just the Northside District.

Director Loftus noted it was hard to quantify the number of gangs since they were involved in wide variety of activities. He said the 874 Identifier program was recently implemented which allowed the Department to build a database to track gangs and disseminate information amongst all municipalities. Director Loftus estimated approximately eight gangs were linked to murders with the majority located in the north end of the County.

Commissioner Jordon questioned whether any arrests had been made relative to the two active gangs in the Northside District and the prosecution success rate.

Director Loftus responded that a gang leader was arrested on a murder charge and another unfortunately left the homicide office yesterday (5/03) without being charged. He said it was important to arrest the organization�s hierarchy so others within the organization could see the value in offering information about the organization�s activities in order to avoid further sentencing. Director Loftus said it was for this reason that firearms charges were important for future prosecutions. He noted that although individual gang members had been arrested; these gangs were still operating and extremely dangerous; and much work remained to properly dismantle either one of them.

Commissioner Jordan questioned the number of shootings which involved the use of AK47 assault weapons and the position of law enforcement on their use.

Director Loftus responded that he did not have information pertaining to the number of shooting available at this time. He further noted that assault weapons were not needed; not wanted; and he would prefer if they were banned.

Commissioner Jordan asked Director Loftus to meet with her to discuss the feasibility of obtaining lobbying support from law enforcement agencies throughout the State of Florida to urge the U.S. Congress to reinstate the ban on assault weapons.

Commissioner Sosa offered her prayers to the family of Officer Carlos Castillo and inquired about his recovery progress.

Director Loftus noted his appreciation for the overwhelming good wishes and prayers received from the County family on behalf of Officer Castillo and his family. He said Officer Castillo was now breathing without machines; and doctors were now treating other injuries.

Commissioner Edmonson acknowledged Director Loftus for sending staff to discuss the teen curfew issue. She questioned whether the Department was sufficiently equipped to address gang issues and ways in which the Commission could be of assistance.

Director Loftus responded that the Department was intellectually, physically and mechanically prepared. He emphasized the importance of encouraging citizens to come forward with information. Director Loftus said those who had witnessed events were the ones who would make a difference.

Commissioner Edmonson noted her support and asked Director Loftus to participate in a press release which would be distributed to the community before the July 4th celebration.

Commissioner Rolle questioned the homicide increase and the boundaries of the Northside District.

Director Loftus responded that the 150 percent increase related to the increased murder rate in the Northside District from 2009 to 2010. He noted the District encompassed several Commission Districts and primarily the Liberty City area.

Commissioner Rolle inquired about the Department�s teen curfew policy.

Director Loftus noted the Department supported a teen curfew policy with over 1,201 curfew violations in 2009 and over 260 year-to-date violations. He said that it was a victory if a criminal act was eliminated by taking just one of these teens home for a curfew violation.

Commissioner Rolle asked Director Loftus to meet with representatives from the City of Miami Police Department to discuss questionable activities at a teen club behind the pawn shop located at NW 78 Street and NW 7 Avenue and report back to him on the outcome of this discussion.

Director Loftus said the working relationship between the City of Miami�s Police Department and the County was improved due to Chief of Police Miguel Exposito�s dedication to combating street crime.

Commissioner Edmonson commended the Miami-Dade Police Department for its cooperative efforts with the City of Miami Police Department, the Miami-Dade Public Schools Police Department and other municipal government police departments.

Commissioner Martinez said it was a privilege and honor to see Director Loftus wearing his uniform today rather than being dressed in street clothes.

Commissioner Seijas noted the effectiveness of curfews and the Interlocal agreement between all police agency gang units which began 20 years ago under the leadership of Police Director Fred Taylor.

Commissioner Diaz congratulated Director Loftus; the Miami-Dade Police Department; and all other departments that were cooperatively working to address gang related issues.
 
6B3  
  101137 Discussion Item     Rebeca Sosa        
  DISCUSSION ITEM ON THE STATE LEGISLATIVE UPDATE Presented
  REPORT: Assistant County Attorney Abigail Price-Williams read the foregoing proposed discussion item into the record.

Commissioner Sosa acknowledged Vice-Chairman Diaz for leading the Miami-Dade County Days in Tallahassee and all other County Commissioners who participated and fought for legislative issues. She also acknowledged Mayor Carlos Alvarez; County Manager George Burgess; Budget Director Jennifer Glazer-Moon; Assistant County Attorneys Jess McCarty and Martin Sybblis; Office of Intergovernmental Affairs (OIA) Director Joe Rasco; OIA State Legislative Coordinator Ivette Arango; OIA State Delegation Coordinator Juan Del Cerro; OIA State Delegation Coordinator Alejandro Dominguez; Edgar Fernandez, Water & Sewer Department; District 6 Chief of Staff Roly Marante; Prime Consultants Ronald Book and Gary Rutledge and their subcontractors.

Commissioner Sosa noted that a Preliminary Summary Report of the 2010 Legislative Session was distributed to County Commissioners and she presented the following highlights from that report:

Jackson funding: House Appropriation Chairman David Rivera was instrumental in securing a $50 million appropriation

Pretrial Supervision/Bail bonds: Senator Alex Villalobos assisted efforts against the passage of this bill which would have restricted county pretrial supervision programs.

TABOR: Although the Taxpayers Bill of Rights did not pass once again this session, the Bill will be a priority for both the Senate and the House in next year�s session.

Elder Meals/Local Service Providers/Elder Program Funding: Funding was restored with the assistance of Senator Alex Diaz de la Portilla.

Medicaid Reform: The bills that impacted handicapped and elderly did not pass; however, changes were anticipated next year in this area.

Transportation: This issue required close attention, especially funding for the 826/836 Interchange, the Port of Miami Tunnel, and the Viaduct projects.

Red Light Cameras: A uniform, statewide standard for the use of red light cameras by counties and municipalities was approved.

QTI Extension: Senator Rudy Garcia was instrumental in the passage of extending the Qualified Target Industry Program to 2015.

Library funding: This funding was restored to $21 million.

Local Government Leases and Deeds: Senator Dan Gelber and Representative Esteban Bovo were recognized for efforts to pass legislation which allowed local governments to negotiate rather than competitively bid leases for up to five years which allowed for transfer of right-of-way by deed.

Miami-Dade Transit EASY Card: Legislation passed providing for a public records exemption for personal identifying information and travel patterns with the assistance of Senator Dan Gelber and Representative Esteban Bovo.

Liberty City Medical Clinic: Funding in the amount of $2.5 million was secured through the efforts of Senator Frederica Wilson.

Horse Slaughter: Legislation passed creating new offenses related to horse meat for human consumption offenses and increased penalties for offenses of sale of unmarked horse meat and providing minimum fines and incarceration.

Property Insurance: A Bill to increase property insurance premiums by 60 percent was modified to up to 10 percent in certain limited circumstances such as to cover inflation and to offset increases in the cost of reinsurance. The Dade Delegation voted 96 percent against the property insurance hike and Representative Erik Fresen was recognized for his efforts on behalf of this initiative.

Commissioner Sosa expressed her appreciation and commended the Delegation staff and consultants. She noted their professionalism, critical thinking and tenacity were evident throughout the session. Commissioner Sosa also expressed appreciation for the support from her colleagues, County Administration, and her staff for their advocating on behalf of Miami-Dade County. She noted the overall impact of the session to Miami-Dade County was minimal.

Vice-Chairman Diaz commended Commissioner Sosa for her diligent efforts on behalf of the County.

Commissioner Martinez congratulated Commissioner Sosa and her staff for assuming the Legislative Coordination role for so many years. He noted that TABOR was a good bill for counties but not for taxpayers; that he would not support this bill in the future because it was a form of raising taxes. Commissioner Martinez noted last year, the Board did not raise taxes and some services were cut. He said he would not support any future proposals urging the Legislature to fight the TABOR bill or the property tax bill. The TABOR bill died this session; however, Commissioner Martinez noted he would support it the next time because it supports our citizens'. He further noted the five-percent property tax cap for non-homestead property was hurting residents. He noted the removal of $160 million from the Transportation Trust Fund would impact jobs in the community. Commissioner Martinez noted many of his personal opinions were contrary to the County Commission�s priorities which Commissioner Sosa was promoting and that in the future, he would be fighting for the people who could no longer afford these changes any longer.

Commissioner Sosa responded that she would provide information to Commissioner Gimenez in response to his request to obtain a better understanding of the property insurance legislation which was passed.

Assistant County Attorney Jess McCarty responded to Vice-Chairman Diaz�s question relating to the timeline for the Governor to veto legislation. He noted that the Governor had 15 days to veto a bill from the time he received that legislation. Assistant County Attorney McCarty said that legislation was often spread out over a period of several weeks before bills were transmitted to the Governor.
 
7 ORDINANCES SET FOR SECOND READING  
7A  
  100029 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  ORDINANCE PERTAINING TO ANIMALS; AMENDING REGULATIONS ON DOGS IN PUBLIC AREAS; AMENDING SECTION 5-20 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 10-27
Mover: Bruno A. Barreiro
Seconder: Jose "Pepe" Diaz
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.
 
  1/21/2010 Adopted on first reading by the Board of County Commissioners  
  1/21/2010 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  2/11/2010 Deferred by the Health, Public Safety & Intergovernmental Cmte  
  2/11/2010 Municipalities notified of public hearing by the Board of County Commissioners  
  2/11/2010 Requires Municipal Notification by the Board of County Commissioners  
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
7B  
  100401 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Sally A. Heyman
       
  ORDINANCE AMENDING SECTION 25A-4(H) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REMOVING PROVISION CONCERNING THE EXPIRATION OF THE AUTHORITY OF PUBLIC HEALTH TRUST TO ACCEPT GIFTS OF CONSTRUCTION PROJECTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 10-28
Mover: Bruno A. Barreiro
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Heyman , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

There being no questions or comments, the Commission proceeded to vote.
 
  3/2/2010 Adopted on first reading by the Board of County Commissioners  
  3/2/2010 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
7C  
  100410 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Rebeca Sosa
Dorrin D. Rolle
       
  ORDINANCE CREATING MIAMI-DADE COUNTY MEDAL OF VALOR; SETTING FORTH CRITERIA AND SELECTION PROCESS FOR RECIPIENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 10-29
Mover: Barbara J. Jordan
Seconder: Dorrin D. Rolle
Vote: 10 - 0
Absent: Heyman , Barreiro , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Jordan requested the Medal of Valor�s design be submitted to the County Commissioners for their review.

There being no further questions or comments, the Commission proceeded to vote.

Note: During consideration of the changes to today�s (5/04) agenda, County Attorney Robert Cuevas noted Commissioner Sosa should be added as a co-sponsor on this proposed ordinance.
 
  3/2/2010 Adopted on first reading by the Board of County Commissioners  
  3/2/2010 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
7D  
  101069 Ordinance     Barbara J. Jordan        
  ORDINANCE AMENDING CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST (TRUST) AND THE PEOPLE�S TRANSPORTATION PLAN; ESTABLISHING GREATER INDEPENDENCE FOR THE TRUST; REQUIRING THE ESTABLISHMENT OF A FIVE YEAR IMPLEMENTATION PLAN; ESTABLISHING PROCEDURES FOR MODIFICATIONS TO THE FIVE YEAR IMPLEMENTATION PLAN; AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO AWARD CERTAIN CONTRACTS SUBJECT TO COUNTY COMMISSION RATIFICATION; PROVIDING THAT THE TRUST SUBMIT A RECOMMENDATION TO THE COUNTY COMMISSION PRIOR TO COUNTY COMMISSION AWARDING OF CERTAIN CONTRACTS; MODIFYING THE NOMINATING PROCESS FOR MEMBERSHIP ON THE TRUST; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 100474] Failed
Ordinance
Mover: Barbara J. Jordan
Seconder: Natacha Seijas
Vote: 8 - 2
No: Souto , Martinez
Absent: Heyman , Barreiro , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Martinez noted that this proposed ordinance would change the Nominating Committee structure and questioned the current procedures which the County Commission followed.

Assistant County Attorney Bruce Libhaber responded that currently, a 17-member Nominating Committee presented a slate of up to four candidates to each of the 13 District Commissioners and the Mayor. He said that Commissioners and the Mayor may select one of the four candidates from the slate or may reject the slate and the Nominating Committee would reconvene and forward a second slate of up to four additional members appointed by the Commissioner or Mayor. Assistant County Attorney Libhaber noted that if the subsequent appointment was not made, the Board of County Commissioners could fill the vacancy after 30 days.

Assistant County Attorney Libhaber said that under this proposed ordinance, the following two changes were being proposed: 1) the slate presented to Commissioners and the Mayor would consist of three candidates, rather than the current four candidates; and 2) the Nominating Committee would consist of six individuals, rather than the current 17- members. He noted the proposed Nominating Committee would consist of the following six individuals: the Chairperson of the Miami-Dade Transit, Infrastructure and Roads Committee or successor committee; the Chairperson of the Miami-Dade Chamber of Commerce Transportation Committee; the Chairperson of the Trust; the Chairperson of the Miami-Dade County Commission on Ethics; The Chairperson of the Citizens� Transportation Advisory Committee; and the Chairperson of the Miami-Dade County Commission on Disability Issues.

Commissioner Martinez questioned the necessity for this change; expressed concern about limited participation on the Nominating Committee; and noted he would not support this proposed ordinance.

Commissioner Sosa inquired whether these proposed changes deviated from the legislation included in the half penny sales tax referendum.

Assistant County Attorney Libhaber responded that the ballot language specifically referred to only the existence of a Citizens� Independent Transportation Trust (CITT) and did not refer to the Nominating Committee or its composition. He noted the previous ballot language made reference to CITT oversight and the proposed changes would create a greater level of oversight. Assistant County Attorney Libhaber said the current proposal provided that the Transit or Public Works Department present the CITT with a five year proposal for half penny tax usage.

Commissioner Sosa noted concern that funding no longer existed to support a five year plan due to the redirection of the half penny tax funding to support Department operational expenses.

Mr. Charles Scurr, CITT Executive Director, clarified Commissioner Martinez� concern about Nominating Committee participation. He indicated that the reduction from from 17 to six members was being recommended due to the difficulties in obtaining a quorum. In response to Commissioner Sosa�s concern, Mr. Scurr noted that the ordinance provided a five year timeline for the People�s Transportation Plan (PTP) implementation. Mr. Scurr further noted that the CITT members were comfortable with this proposal and believed it would provide the CITT with additional independence to accomplish the goals as set forth in the Plan.

Ms. Linda Zilber, CITT Chairperson, concurred with Mr. Scurr about the necessity for and benefits of implementing these modifications.

Commissioner Sosa asked County Attorney Robert Cuevas to draft appropriate legislation providing for the reevaluation of issues relating to the CITT and the PTP which were approved by the voters and to incorporate those observations in the five year plan.

Commissioner Gimenez asked Assistant County Attorney Libhaber to explain the authority granted to the County Mayor in Section 2-8.1 of the Code of Miami-Dade County as stated on handwritten page 15.

Assistant County Attorney Libhaber responded that this Section referred to the $1 million delegated authority given to the County Manager for all projects not specifically delegated under the PTP. He noted that all contracts which utilized surtax funds must currently be presented to the County Commission for approval and under this proposal these awards could be approved by the Mayor or Manager, subject to ratification by the County Commission.

Commissioner Gimenez noted he would be voting �No� on this proposed ordinance.

Commissioner Martinez questioned whether �new projects only� was approved by voters.

Assistant County Attorney Libhaber responded that the ballot language specified �expansion of services.�

First Assistant County Attorney Abigail Price-Williams noted she believed the intention was for �new projects.�

Commissioner Martinez said that the County Commission at the request of the County Manager had subsequently decided to commingle funds would be against the Board�s and the voters� original intent. He noted that surtax money would continue to be commingled under this proposal.

Commissioner Sosa noted she would not support an item with a procurement policy which was inconsistent to established procedures.

Commissioner Gimenez questioned Ms. Zilber whether the CITT was expressly aware of the provision in the County Code authorizing the Mayor and Manger to unilaterally award contracts up to $1 million with surtax funds.

Ms. Zilber responded that the CITT was aware of this provision and was following the Board of County Commissioners� procedure of delegated award authority for contracts up to $1 million.

Commissioner Gimenez noted that these funds were from a different pot of money and that his position about broken promises had been very clear.

Ms. Zilber noted that all awards with delegated authority would be presented to the CITT every few months for an expenditure review and this information would then be provided to the County Commission.

Commissioner Gimenez commented that this review and reporting to the County Commission was after the fact.

Commissioner Seijas noted her opposition to the half penny tax which was approved by voters saying that the amount of funding was insufficient. She said that she was now comfortable with the proposed five year plan and the proposed changes to the Nominating Committee structure. Commissioner Seijas noted that although the intent of the initial language was not followed, these changes would allow funds to be used properly.

Commissioner Jordan acknowledged Ms. Zilber and CITT members for their dedication and commitment along with Mr. Scurr for his leadership in process improvements. She said the main components of the proposal reversed the structure of the approval process and addressed the Nominating Committee size in order to obtain a quorum. Commissioner Jordan noted that although there was merit to delegated authority for approval of small contract amounts, she would remove this from the proposed ordinance. She also noted the five year plan was incorporated at the request of Commissioner Sosa.

Commissioner Jordan asked Mr. Scurr to compile a report of all contracts under $1 million presented to the County Commission and the CITT for approval.

There being no further questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as amended by Commissioner Jordan deleting the sentence on handwritten page 15; �Notwithstanding any other provision to the contrary, the County Mayor or designee shall be authorized to award contracts funded in whole or in part with surtax funds consistent with the authority granted in Section 2-8.1 of the Code of Miami-Dade County.�

Assistant County Attorney Libhaber informed the County Commission that the foregoing proposed ordinance failed since it did not meet the required 2/3 vote of the entire Board (9 affirmative votes) for adoption.
 
  4/14/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit, Infrastructure & Roads Committee  
7E  
  100282 Ordinance   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
Dorrin D. Rolle
Rebeca Sosa
       
  ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE GOVERNING BOARD OF THE PUBLIC HEALTH TRUST; ADDING DEAN, FLORIDA INTERNATIONAL UNIVERSITY SCHOOL OF MEDICINE AS NON-VOTING, EX OFFICIO MEMBER OF THE BOARD OF TRUSTEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Adopted
Ordinance 10-30
Mover: Joe A. Martinez
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Jordan , Heyman , Barreiro , Moss
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Seijas noted that the Dean of the Florida International University School of Medicine (FIUSM) would be governed by the Sunshine Law by making him/her an ex-officio member of the Public Health Trust Board of Trustees (PHTB).

Commissioner Martinez responded that this proposed ordinance was created at the request of the FIUSM and they were aware of the requirements for serving on the PHTB. He noted that the University of Miami, School of Medicine�s Dean was already a member of the PHTB and FIUSM desired to be included in the countywide healthcare reform efforts.

There being no further questions or comments, the Commission proceeded to vote.
 
  2/18/2010 Adopted on first reading by the Board of County Commissioners  
  2/18/2010 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
8 DEPARTMENTAL ITEMS  
8A AVIATION DEPARTMENT  
8A1A  
  100726 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATED TO NORTH TERMINAL DEVELOPMENT CONTRACTS AT MIAMI INTERNATIONAL AIRPORT; RATIFYING ACTIONS TAKEN PURSUANT TO ORDINANCE NO. 08-87 DURING THE PERIOD OF JULY 1, 2009 THROUGH FEBRUARY 28, 2010(Aviation Department) Adopted
Resolution R-469-10
Mover: Rebeca Sosa
Seconder: Dorrin D. Rolle
Vote: 9 - 0
Absent: Heyman , Moss , Diaz , Seijas
  REPORT: Commissioner Edmonson questioned the North Terminal Development Program reports not being presented to the County Commission for ratification quarterly, noting Exhibit A which covered the period of July 1, 2009 through February 28, 2010.

Ms. Christina Lares, Assistant to the County Manager, responded that it was her understanding that quarterly reports were to be submitted quarterly; that reports were omitted when no action was taken; and apologized for this oversight.

Commissioner Edmonson asked Assistant County Manager Ysela Llort to provide the County Commission with an explanation about Administration�s failure to submit quarterly reports on the North Terminal Development Project as requested.
 
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
8A1B  
  100828 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE ACTIONS OF COUNTY MAYOR IN EXECUTING A RAILROAD AGREEMENT, GRADE SEPARATION, SOUTH FLORIDA CORRIDOR BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND MIAMI-DADE COUNTY, FOR THE MIA MOVER AUTOMATED PEOPLE MOVER (APM) PROJECT(Aviation Department) Adopted
Resolution R-470-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
8A1C  
  100869 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO PERMITS AT MIAMI INTERNATIONAL AIRPORT; AMENDING RESOLUTION NO. R-442-02 TO AUTHORIZE AN OPPORTUNITY FEE OF SEVEN AND ONE HALF PERCENT UNDER PERMITS FOR VENDORS PROVIDING GOODS AND SERVICES TO TENANTS AT MIAMI INTERNATIONAL AIRPORT WHERE THE PERMITTEES CHOOSE TO PASS-THROUGH THE STANDARD SEVEN PERCENT OPPORTUNITY FEE TO THEIR CUSTOMERS; APPROVAL OF SETTLEMENT OF A DISPUTE WITH SKY CHEFS, INC. AND GATE GOURMET, INC. ARISING OUT OF THEIR FOOD CATERING PERMITS; APPROVING ALL-INCLUSIVE DEFINITION OF GROSS REVENUES FOR ALL PERMITS BUT PERMITTING EXCLUSION OF OPPORTUNITY FEES FROM THE TERM GROSS REVENUES WHERE PERMITTEES PASS THROUGH THE OPPORTUNITY FEES TO THEIR CUSTOMERS AND THE OPPORTUNITY FEE IS INCREASED UP TO SEVEN AND ONE HALF PERCENT FOR SUCH PERMITTEES(Aviation Department) Adopted
Resolution R-471-10
Mover: Audrey M. Edmonson
Seconder: Dorrin D. Rolle
Vote: 10 - 0
Absent: Heyman , Diaz , Seijas
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
8A1D  
  100879 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION WAIVING FORMAL BID PROCEDURES AND PROVISIONS PURSUANT TO SECTION 2-8.1 MIAMI-DADE COUNTY CODE AND SECTION 5.03(D) OF THE MIAMI-DADE HOME RULE CHARTER, AND SECTION 255.20 FLORIDA STATUTES, APPROVING CHANGE ORDER NO. 2 TO MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC-7-05 WITH MIKE GOMEZ CONSTRUCTION CONSULTING, INC., INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED $10 MILLION DOLLARS; AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE CHANGE ORDER AND TO EXERCISE DELEGATED AUTHORITY DESCRIBED THEREIN(Aviation Department) Adopted
Resolution R-472-10
Mover: Barbara J. Jordan
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: Commissioner Jordan complimented the Aviation Department on the Miscellaneous Construction Contract (MCC) program noting favorable reviews from small business relating to the openness and equity in the process. She noted that this was a model which deserved replication.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
8A1E  
  100886 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO SOUTH TERMINAL DEVELOPMENT PROJECT NO. H010A AT MIAMI INTERNATIONAL AIRPORT, APPROVING CHANGE ORDER 10 TO THE CONTRACT BETWEEN PARSONS-ODEBRECHT J.V. CM@RISK (POJV) AND MIAMI-DADE COUNTY, INCREASING THE CONTRACT BY A MAXIMUM AMOUNT OF $2,557,136.80; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE CHANGE ORDER AND TO PERFORM ALL NECESSARY ACTIONS TO ENFORCE ITS TERMS(Aviation Department) Adopted
Resolution R-473-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
8A1F  
  092874 Resolution      
  RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN MIAMI-DADE COUNTY AND H. J. ROSS & ASSOCIATES, INC. FOR THE UTILITIES MASTER PLAN (DRAINAGE) FOR THE MIAMI-DADE AVIATION DEPARTMENT, PROJECT NO. E08-MDAD-05A; IN AN AMOUNT NOT TO EXCEED $1,728,750; AND AUTHORIZING COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT AND TO EXERCISE ANY OPTIONS TO RENEW AND TERMINATION PROVISIONS CONTAINED THEREIN (SEE ORIGINAL ITEM UNDER FILE NO. 092329)(Aviation Department) Deferred to May 18, 2010
Resolution
Mover: Carlos A. Gimenez
Seconder: Dorrin D. Rolle
Vote: 11 - 0
Absent: Heyman , Diaz
  10/15/2009 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Airport and Seaport Committee  
  11/3/2009 Deferred by the Board of County Commissioners  
8A1F SUPPLEMENT  
  101041 Supplement      
  SUPPLEMENTAL INFORMATION FOR AWARD RECOMMENDATION, PROFESSIONAL SERVICES AGREEMENT BETWEEN MIAMI-DADE COUNTY AND H. J. ROSS & ASSOCIATES, INC. FOR UTILITIES MASTER PLAN (DRAINAGE) (PROJECT NO. E08-MDAD-05A), IN THE AMOUNT OF $1,728,750.00 Deferred to May 18, 2010
Supplement
Mover: Carlos A. Gimenez
Seconder: Dorrin D. Rolle
Vote: 11 - 0
Absent: Heyman , Diaz
8B (No items were submitted for this section.)  
8C CONSUMER SERVICES DEPARTMENT  
8C1A  
  100812 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING APPLICATION FOR FIVE (5) CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO NATIONAL HEALTH TRANSPORTATION, INC. TO PROVIDE COMBINATION WHEELCHAIR AND STRETCHER NONEMERGENCY MEDICAL TRANSPORTATION SERVICES(Consumer Services Department) Adopted
Resolution R-474-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
8D ENVIRONMENTAL RESOURCES MANAGEMENT  
8D1A  
  100699 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ACCEPTING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 8.68 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE, AND YAVIC INVESTMENT AS SELLER FOR A PURCHASE PRICE OF $52,000; WHICH MAY BE FUNDED FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXERCISE PROVISIONS CONTAINED THEREIN(Department of Environmental Resources Management) Adopted
Resolution R-475-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1B  
  100700 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ACCEPTING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 9.78 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE, AND SOUTHEAST PROPERTY VENTURES, LLC AS SELLER FOR A PURCHASE PRICE OF $75,000; WHICH MAY BE FUNDED FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXERCISE PROVISIONS CONTAINED THEREIN(Department of Environmental Resources Management) Adopted
Resolution R-476-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1C  
  100845 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE AWARD OF PROJECT NO. E09-DERM-01 PTP; CONTRACT NO. E09-DERM-01-URS FOR ENVIRONMENTAL CLEANUP, COMPLIANCE AND RELATED SERVICES FOR MIAMI-DADE TRANSIT (MDT) AND OTHER COUNTY FACILITIES, IN THE AMOUNT OF $2,750,000; AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SURTAX FUNDS; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 100232](Department of Environmental Resources Management) Adopted
Resolution R-477-10
Mover: Barbara J. Jordan
Seconder: Dorrin D. Rolle
Vote: 5 - 3
No: Sosa , Souto , Martinez
Absent: Heyman , Barreiro , Moss , Diaz , Seijas
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1D  
  100847 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE AWARD OF PROJECT NO. E09-DERM-01 PTP; CONTRACT NO. E09-DERM-01-CEI FOR ENVIRONMENTAL CLEANUP, COMPLIANCE AND RELATED SERVICES FOR MIAMI-DADE TRANSIT (MDT) AND OTHER COUNTY FACILITIES, IN THE AMOUNT OF $2,750,000; AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SURTAX FUNDS; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 100233](Department of Environmental Resources Management) Adopted
Resolution R-559-10
Mover: Dorrin D. Rolle
Seconder: Barbara J. Jordan
Vote: 8 - 3
No: Sosa , Souto , Martinez
Absent: Barreiro , Moss
  REPORT: No action was initially taken by the County Commission on the foregoing proposed resolution due to lack of a motion.

County Attorney Robert Cuevas noted that this proposed resolution was considered earlier in today�s meeting (5/04). He said that the Rules of Procedure provide that in the event an agenda item failed to receive a motion or a second, it shall be removed from the agenda and shall be reintroduced only in accordance with the renewal provisions. He noted the renewal provisions required a renewal application needed to be signed by seven County Commissioners in order to act upon this item later in today�s (5/04) meeting and that he would prepare the renewal application if it was the desire of the Commission. .

Commissioner Rolle asked County Attorney Cuevas to prepare the renewal application request for consideration of this proposed resolution later in today�s meeting (5/04).

Later in the meeting, Vice-Chairman Diaz said the required signatures were received on the application for renewal for this agenda item. He noted that this proposed resolution was being placed back on today�s agenda (5/04) and motions pursuant to this item would be accepted.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1E  
  100715 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 TO PRESERVE AND ENHANCE A 0.918 ACRE CONSERVATION EASEMENT LOCATED IN THE BIRD DRIVE WETLAND BASIN BETWEEN SW 18 STREET AND 20 STREET AND BETWEEN SW 157 AVENUE AND 158 AVENUE IN SECTION 08, TOWNSHIP 54 SOUTH, RANGE 39 EAST, MIAMI-DADE COUNTY, FLORIDA(Department of Environmental Resources Management) Adopted
Resolution R-478-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1F  
  100717 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE DISBURSEMENT OF $700,000 FROM THE BISCAYNE BAY ENVIRONMENTAL ENHANCEMENT TRUST FUND TO CONDUCT WETLANDS RESTORATION ALONG NORTH BISCAYNE BAY THROUGH THE COUNTY�S BISCAYNE BAY RESTORATION AND ENHANCEMENT PROGRAM(Department of Environmental Resources Management) Adopted
Resolution R-560-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8D1G  
  100718 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE DISBURSEMENT OF $300,000 FROM THE BISCAYNE BAY ENVIRONMENTAL ENHANCEMENT TRUST FUND TO CONDUCT SEAGRASS RESTORATION IN BISCAYNE BAY THROUGH THE COUNTY�S BISCAYNE BAY RESTORATION AND ENHANCEMENT PROGRAM(Department of Environmental Resources Management) Adopted
Resolution R-561-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8E (No items were submitted for this section.)  
8F GENERAL SERVICES ADMINISTRATION  
8F1A  
  100724 Resolution    
  RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO LEASE AGREEMENT AT COUNTY-OWNED PROPERTY LOCATED AT 6060 S.W. 66 STREET, SOUTH MIAMI, WITH ST. ALBAN�S DAY NURSERY, INC., TRANSFERRING PROPERTY MAINTENANCE RESPONSIBILITIES FROM THE COUNTY TO THE TENANT; INCORPORATING ADDITIONAL ARTICLES IN THE LEASE AS OF THE EFFECTIVE DATE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(General Services Administration) Deferred to May 18, 2010
Resolution
Mover: Barbara J. Jordan
Seconder: Natacha Seijas
Vote: 10 - 1
No: Martinez
Absent: Barreiro , Moss
  REPORT: Commissioner Jordan questioned the average maintenance cost required for this facility.

Ms. Wendi Norris, General Services Administration Director, responded that a $44,000 allocation for facility maintenance would be transferred to St. Alban�s Day Nursery, Inc (St. Alban�s).

Commissioner Jordan noted concern over the feasibility of the transfer to a non-profit organization.

In response to Commissioner Jordan�s concern, Ms. Norris said St. Alban�s had been aware of this transfer and had signed the amendment which clearly transferred the maintenance responsibility.

Commissioner Jordan requested that this proposed resolution be deferred until a representative of St. Alban�s was present to acknowledge that they understood their obligations. She said that St. Alban�s primary funding source was the Head Start program and Head Start would not be able to absorb this expense and she did not want the children to suffer.

It was moved by Commissioner Jordan to defer this foregoing proposed resolution until May 18, 2010. This motion was seconded by Commissioner Seijas.

Commissioner Gimenez noted his opposition to the deferral, noting that St. Alban�s was located within District 7 and that he had not received any complaint from St. Alban�s pertaining to this issue.

Commissioner Martinez inquired about Head Start�s role in absorbing costs.

Ms. Norris noted that this allocation was not currently funded through the General Services Administration�s budget and she was not aware of any Head Start participation.

Commissioners Martinez and Souto noted they concurred with the District Commissioner and that they would not support the deferral request.

Commissioner Seijas questioned the number of children that would be impacted by today�s (5/04) decision.

Ms. Julie Edwards, Executive Director, Community Action Agency, responded that 120 children were served at that location.

Commissioner Seijas noted this decision would affect a significant number of children. She expressed support for Commissioner Gimenez� decision and noted she would remove her second to the motion for deferral if that was his desire.

Commissioner Gimenez said that a two week deferral would be prudent and would give St. Alban�s the opportunity to voice any potential concerns.

Commissioner Sosa concurred with Commissioner Gimenez; however, noted that should the transfer not be approved, then adequate funding needed to be earmarked. She also said that the operations costs would need to be determined for other non-profit organizations in preparation for the upcoming budget process.

Ms. Norris confirmed that that this resolution was a change in the lease agreement transferring the property maintenance responsibility to St. Alban�s. She noted that this was the only property occupied by a single tenant which the County provided maintenance services.

Commissioner Sosa said a fiscal impact analysis was required on every item considered by the County Commission and inquired about the amount for this proposed resolution.

Ms. Norris responded that $44,000 was previously spent on building maintenance for this property.

Commissioner Martinez noted that maintenance was a non-budgeted expense and the County would be spending money which it did not presently have.

County Manager George Burgess said the FY 2009-10 budget included the elimination of approximately $44,000 in maintenance support. He noted this item did not include a fiscal impact since it conformed to the adopted budget and St. Alban�s had signed the agreement.

Commissioner Martinez said that there would be a fiscal impact should the County continue providing maintenance because the expense was not previously budgeted.

County Manager Burgess responded the item did not have an impact; however should the County continue providing maintenance there would be a fiscal impact.

Commissioner Martinez noted that the County did not have these funds and he would not support the deferral request. He said that should St. Alban present any concern, the Mayor could veto the resolution within the 10-day period.

Ms. Norris responded to Commissioner Gimenez that the County had not incurred any maintenance expenses on this property in the current fiscal year. She said that St. Alban was responsible for general maintenance expenses (janitorial, utilities, etc.) and that this resolution considered transferring structural maintenance expenses (air conditioning, roofing, etc.).

Commissioner Gimenez noted that he was supportive of a two week deferral to provide St. Alban the opportunity to address any potential concerns since there was no pending structural issues or budget impact.

Commissioner Jordan expressed appreciation to Commissioner Gimenez for supporting the deferral and apologized for not asking him earlier to request the deferral. She noted that the ultimate responsibility belonged to the County to maintain County property in the event that the non-profit agency was not capable of providing these services.

There being no further questions or comments, the Commission proceeded to vote to defer the foregoing proposed resolution.
 
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
8F1B  
  100748 Resolution      
  RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SWEETWATER FOR WORKERS� COMPENSATION SERVICES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [SEE AMENDED ITEM UNDER FILE NO. 101680](General Services Administration) Amended
  REPORT: See Agenda Item 8F1B AMENDED; Legislative File No. 101680.  
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
8F!B AMENDED  
  101680 Resolution      
  RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF SWEETWATER FOR WORKERS� COMPENSATION SERVICES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 100748](General Services Administration) Adopted as amended
Resolution R-479-10
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 12 - 1
No: Gimenez
  REPORT: Commissioner Gimenez questioned whether the County had an Interlocal Agreement with the City of Sweetwater to pay Workers� Compensation claims; the amount which was owed to the County; the number of years this balance had accumulated; and whether any similar arrangements had been structured with other municipalities.

Assistant County Attorney Monica Maldonado responded that the County administered Workers� Compensation claims for several municipalities, including the City of Sweetwater and the County was reimbursed for these services.

Ms. Wendi Norris, Director, General Services Administration, noted a $586,000 outstanding balance with Sweetwater which included payment for past due workers� compensation services since 2006 and American Recovery and Reinvestment Act (ARRA) funding. She noted that Sweetwater was making payments on this debt and that there were no other similar past due payment arrangements with other municipalities.

Commissioner Gimenez noted ARRA funding was intended to support projects that would put people to work. He said that paying for workers compensation plans using Sweetwater�s ARRA funds was not keeping with the program�s intent.

Ms. Jennifer Glazer-Moon, Director, Office of Strategic Business Management, noted the County would utilize Sweetwater�s ARRA funding for eligible County programs and free up General Fund dollars which would then reduce Sweetwater�s workers� compensation account balance. She noted that Sweetwater decided against implementation of the program for which they received ARRA funding and decided to use this funding to pay down their workers� compensation claims.

Assistant County Attorney Maldonado said ARRA funding could not be applied directly to the worker�s compensation fund and needed to be used for an allowable expense.

County Attorney Robert Cuevas responded to Commissioner Gimenez that swapping Sweetwater ARRA funds with County General Funds was legal. He said the source of Sweetwater funding was not included in the Interlocal Agreement pursuant to the County Manager�s cover memorandum. County Attorney Cuevas said he would further review the funding source and would provide the County Commission with this information.

Commissioner Gimenez requested that this proposed resolution be deferred until County Attorney Cuevas could provide information pursuant to the funding source.

County Manager George Burgess noted that Sweetwater had Stimulus Grant funding which the County could apply toward eligible projects. He said this would free up dollars the County would have otherwise used allowing the County to ultimately use those dollars as an offset for the obligation from Sweetwater to the County. Manager Burgess noted Sweetwater would forgo its obligation to the County provided the County used these funds for eligible projects which would free up other funds to address Sweetwater�s worker�s compensation liability obligation to the County. He said this arrangement had been vetted by grants management and had been checked for grant eligibility.

Commissioner Gimenez reiterated that he believed that ARRA funds were intended to put people to work and it would be inappropriate to substitute General Fund money with ARRA funds to release $136,000 from Sweetwater�s obligation. He noted he would not vote in favor of this proposed resolution since it was not the right thing to do irregardless of its legality.

County Attorney Cuevas said that he would further review the proposal, noting a potential concern which Commissioner Gimenez raised whether Sweetwater could give money to the County under the terms of their ARRA grant.

Vice-Chairman Diaz noted many cities were being creative due to lack of funding concerns. He said the County Administration had reviewed every aspect of this proposed resolution and that he supported the proposal provided that money was being paid back to the County and it conformed to legal guidelines.

Commissioner Gimenez noted that in this instance, the County was involved in the proposal�s creativity and he requested assurance from the County Attorney from a legal perspective that it was acceptable.

Commissioner Sosa noted this proposed resolution was approving an Interlocal Agreement between the County and Sweetwater to provide the administration of Workers� Compensation obligations. She questioned whether these funding concerns needed to be taken into consideration when approving this Agreement.

County Manager Burgess responded that the County provided administrative services to Sweetwater; however, the issue was that Sweetwater was delinquent on their payments to the County. He noted that if payment was not received, the County was prepared to stop providing Sweetwater with administrative services, the access to fuel and to other services. Manager Burgess said this proposed resolution was a repayment plan to be approved by both the County Commission and the Sweetwater Commission. He noted this presented a clear message to Sweetwater that they would be held accountable for their obligations. Manager Burgess noted that Sweetwater was already reducing their delinquent payments and there would be consequences for failure. He said that Sweetwater requested the County utilize ARRA funding which they would not be using as part of their back payment. He noted this would free up other County funds similar to previous instances where Community Development Block Grant dollars had been swapped with other funds by the County Commission. Manager Burgess said that Ms. Glazer-Moon and Mr. Daniel Wall, Director, Office of Grants Coordination, had reviewed this arrangement and if there was anything improper, Administration would not submit this to the Commission for approval.

Commissioner Martinez noted the issue was that Sweetwater had not paid the County for claims made on their behalf and the County was trying to accommodate them. He concurred with Commissioner Gimenez that the intent of ARRA funds was not to repay debt. Commissioner Martinez noted Sweetwater deserved a chance to satisfy their obligations; however, this was not the appropriate method.

County Manager Burgess noted this plan was designed to receive repayment from Sweetwater rather than shutting down services; receiving no payments; and the community absorbing their obligation. He said this method would allow the County to manage the process; collect outstanding funds; and protect partner municipalities who were current in their obligations. Manager Burgess noted no ARRA money would directly be applied and there was a series of steps that would allow the use of discretionary dollars to address part of Sweetwater�s past due obligation.

Vice-Chairman Diaz noted a previous conversation with County Manager Burgess where he supported the Manager�s negotiations with Sweetwater and that this proposed resolution was the result of those negotiations.

County Attorney Cuevas responded to Commissioner Diaz that the legality issue of Sweetwater transferring funds would require additional research and could be provided at either the May 6, 2010 or May 18, 2010 County Commission meeting.

Commissioner Souto questioned whether this was a similar situation to the investigation of the City of Miami moving funds between accounts.

In response to Commissioner Souto�s question, County Attorney Cuevas responded that he would need to review Federal statute and limits to which the grantee could utilize the funds.

Vice-Chairman Diaz noted it was his preference to proceed based upon the County Managers� favorable comments and to bring the item back should the County Attorney determine any negative consequences.

Commissioner Heyman noted concern whether this action addressed the intent of what should be done. She concurred with County Manager Burgess�s analysis that it would provide the County the opportunity to retrieve funds which it otherwise might not receive. Commissioner Heyman noted she believed the situation should be further reviewed and questioned the County Attorney about the Federal criteria or restrictions on the utilization of these funds.

County Attorney Cuevas responded that the use of funds involved a Federal statute.

Commissioner Heyman inquired whether staff in the County Attorney�s office could clarify the Federal criteria and legality issues before the conclusion of today�s (5/04) meeting. She noted it would be prudent for the County to consider itself a working partner and protect any small city doing business with the County. Commissioner Heyman said she supported cities being creative provided it was done legally.

County Manager Burgess noted ARRA funding was provided to the cities for transportation related activities and that unspent funds reverted back to the County. He said that by using these funds for eligible projects, it would allow the County to liberate funding that could be used for another purpose as a way to maximize the return to the County. Manager Burgess noted this was within allowable language and was not remotely like the situation at the City of Miami.

Ms. Norris clarified the agreement addressed the outstanding balance; provided a three year payment plan; and did not consider usage of ARRA funding. She noted Sweetwater was required by the County to fund a reserve account and to purchase a reinsurance policy that would cover claims in excess of $100,000.

Commissioner Gimenez noted the prudent action would be to wait for the County Attorney�s opinion to determine whether this was an eligible use of Federal funding.

Vice-Chairman Diaz requested that this item be postponed to provide the County Attorney sufficient time to research the legality issues and to present his findings later today (5/04).

Later in the meeting, Assistant County Attorney Hugo Benitez said the determination whether the Federal government would ultimately approve the use of the returned monies to supplement monies within the General Fund did not need to be resolved today (5/04). He suggested that in order to approve the contract and for the County not to be at risk, the following language should be inserted into the contract: �that the City shall repay the County $136,113 from legally available funds.� He noted that for these purposes, legally available funds shall be funds which may ultimately be used by the County for General Fund purposes. Assistant County Attorney Benitez said the return of money to the County was permissible under ARRA; however, noted it was more difficult to take money out of the Transportation Fund for other purposes and would require the Federal government�s consent.

Commissioner Gimenez noted he would be voting against this foregoing proposed resolution.

Chairman Moss asked Mayor Carlos Alvarez to ensure signage on all County road projects receiving ARRA funding indicate that these projects were funded with Federal Economic Stimulus dollars.

Commissioner Martinez asked Mayor Alvarez to provide County Commissioners with an analysis of ARRA project costs and whether these projects were funded with local, state, or federal funding.

Commissioner Souto questioned the difference between this funding reallocation request and the transfer of funds issues encountered by the City of Miami.

County Attorney Cuevas responded that the amended language to the proposed resolution as suggested by Assistant County Attorney Benitez would preclude any similar occurrence.

Commissioner Gimenez noted concern that the agenda item was signed by the County Attorney indicating its legality; however, the Interlocal Agreement (IA) did not include all the pertinent details of the agreement. He requested that future IAs include all the details to ensure their legality.

It was moved by Commissioner Diaz that this proposed resolution be adopted as amended to insert the following language: �that the City of Sweetwater shall repay Miami-Dade County $136,113 from legally available funds.� The motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 12-1: (Commissioner Gimenez voted �No�).
 
8F1C  
  100740 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO LEASE AGREEMENT AT 2780 N.W. 167 STREET, MIAMI GARDENS, WITH DADE CORNERS PLAZA, INC., A FLORIDA CORPORATION, FOR PREMISES TO BE UTILIZED AS A COMMISSION DISTRICT OFFICE, AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AMENDMENT AND EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(General Services Administration) Adopted
Resolution R-480-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
8F1D  
  100904 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT/OPTION TO PURCHASE AT SW 168 STREET AND SW 97 AVENUE, MIAMI WITH ROYAL GROUP INVESTMENTS, INC., FOR PREMISES TO BE UTILIZED BY MIAMI-DADE TRANSIT AS A BUSWAY PARK AND RIDE LOT, WITH A TOTAL FISCAL IMPACT TO MIAMI-DADE COUNTY NOT TO EXCEED $185,280 FOR THE ONE-YEAR TERM OF THE LEASE; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE THE PURCHASE OPTION IN THE AMOUNT OF $1,100,000; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SYSTEM SURTAX FUNDS(General Services Administration) Adopted
Resolution R-481-10
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 11 - 1
No: Gimenez
Absent: Barreiro
  REPORT: Commissioner Sosa noted concern about the extra payment made by the County for the expired lease term and the substantial increase in property value.

Mr. Leland Salomon, Asset Management and Development Specialist, General Services Administration (GSA), responded to Commissioner Sosa that a lease existed until the property owner executed his/her right to cancel the lease. He noted the owner subsequently cancelled the lease and the County did not have the right to continue occupying the property. Mr. Salomon said a verbal agreement existed between GSA, Miami-Dade Transit (MDT) and the property owner which allowed continued lot usage under the same terms and conditions of the expired lease, while a purchase contract for the property was being negotiated. He said the $82,000 payment was to recognize the period of time that the County occupied the property without a lease and was based upon fair market rental value determined by a property appraisal.

Commissioner Seijas questioned whether there was an understanding that the County would be required to pay the property owner as a result of the verbal agreement and if so, what was the amount of this agreement.

In response to Commissioner Seijas� question, Mr. Salomon said that MDT was negotiating a property purchase and these payments were to compensate the property owner for continued use of the property during this period. He noted that there was no formal written agreement setting forth terms for the eighteen month lease payment amount and that the primary focus during this time was to complete negotiations for the property purchase. Mr. Salomon said that this proposed payment was based upon the fair market rental value as set forth in the property appraisal.

Commissioner Seijas noted she was not opposed to purchasing the property and realized there was a need for transit parking; however, she questioned the validity of the additional payment considering the County�s current financial crisis and questioned whether any written agreement existed.

Mr. Salomon responded that there was no agreed upon written lease agreement for the 18 month period nor was there an agreed upon price for the lease during this period. He noted the County decided to pay the seller $88,000, based upon the fair market lease value. Mr. Salomon noted the appraisal was used to establish rates and to establish fair market value. He said the $1.1 million appraised value, which was the lower of two appraisals, was the best indicator of purchase price and rental value.

Commissioner Seijas noted that fairness to the community and County needed to be considered. She said the County had already made payment for rent and there was no pending commitment other than to pay the negotiated price for the property purchase.

Chairman Moss requested that Mr. Solomon, the County Mayor and County Manager respond to whether the rental price was part of the negotiation for the property purchase and whether this was a fair proposition.

Mr. Salomon responded that the rental price was both included in the negotiated purchase price and was a fair proposition.

County Manager George Burgess responded that he supported the proposed resolution.

County Mayor Carlos Alvarez indicated his support for the proposed resolution.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/14/2010 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
  4/20/2010 4 Day Rule Invoked by the Board of County Commissioners  
8F1E  
  100862 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT 1165 95 STREET, BAY HARBOR ISLANDS WITH THE TOWN OF BAY HARBOR ISLANDS, A PUBLIC BODY CORPORATE AND POLITIC OF THE STATE OF FLORIDA, FOR PREMISES TO BE UTILIZED BY THE MIAMI-DADE FIRE RESCUE DEPARTMENT FOR FIRE RESCUE STATION NUMBER 76; WITH TOTAL FISCAL IMPACT TO MIAMI-DADE COUNTY NOT TO EXCEED $22,508,388.00 FOR THE INITIAL THIRTY YEAR TERM AND TWO THIRTY YEAR RENEWAL OPTION PERIODS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(General Services Administration) Adopted
Resolution R-482-10
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 9 - 0
Absent: Edmonson , Barreiro , Moss , Martinez
  REPORT: Commissioner Jordan noted she had received telephone calls that fire rescue trucks were pulled out of service from stations within District 1 due to overtime issues and relocated elsewhere. She noted concern about approving any reallocation of fire rescue resources until she was satisfied sufficient allocations remained within District 1.

Chief Herminio Lorenzo, Director, Miami-Dade Fire Rescue Department, responded that fire rescue units were not removed from service due to overtime requirements. He explained that units were routinely removed from service for training purposes pursuant to bargaining unit agreements and that all areas throughout the County continued receiving the required protection levels.

Commissioner Jordan asked Chief Lorenzo to submit a detailed report on the history and frequency in which units were removed from service in District 1. She noted fire resources needed to be evaluated in a collective and an equitable manner throughout the County. Commissioner Jordan said the broader concern was the safety factor and service response time when fire rescue trucks were removed from service.

Chief Lorenzo assured Commissioner Jordan that training of personnel and removal of units from service for training purposes was consistent throughout the County. He further noted that units would not be relocated from one district to another due to out of service situations. Chief Lorenzo noted that overtime had been reduced for Department efficiency and accountability purposes. He said a report would be provided to the County Commission detailing units removed from all fire Commission Districts on a daily basis.

Commissioner Gimenez noted concern over the $22.5 million cost and questioned whether it was for a 30 or 90 year term.

Chief Lorenzo responded that it was a 90 year lease and it included an initial 30 year term with two additional 30 year automatic renewal periods. He said the $22.5 million included the lease payments and station maintenance costs throughout the entire 90 year lease period.

Commissioner Sosa acknowledged Chief Lorenzo for his assistance in providing her with information so that she could respond to a municipality�s inquiry regarding erroneous information about the removal of units from Rescue 40.

Commissioner Heyman acknowledged the mutual relationship with Bay Harbor Islands where the County would operate a new fire station located in their parking garage. She noted this station would support Bay Harbor Islands, Surfside, Indian Creek and the Unincorporated Municipal Service Area.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
8G MIAMI-DADE PUBLIC HOUSING AGENCY  
8G1A  
  100823 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE SECTION 8 ADMINISTRATIVE PLAN FOR THE MIAMI-DADE PUBLIC HOUSING AGENCY (MDPHA) HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS; AND AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO MODIFY AND APPROVE CHANGES TO SECTION 8 ADMINISTRATIVE PLAN AS REQUIRED BY REGULATORY, AMENDMENTS, OR COURT ORDERS, DECREES OR SETTLEMENT AGREEMENTS(Miami-Dade Public Housing Agency) Adopted
Resolution R-483-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8H (No items were submitted for this section.)  
8I MIAMI-DADE POLICE DEPARTMENT  
8I1A  
  100821 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE COUNTY MAYOR AND/OR COUNTY MAYOR�S DESIGNEE�S ACTION TO APPLY FOR, RECEIVE, AND EXPEND GRANT FUNDS IN THE AMOUNT OF $564,804 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, NATIONAL INSTITUTE OF JUSTICE FOR THE GEOSPATIAL TECHNOLOGY GRANT; AND FURTHER AUTHORIZING THE COUNTY MAYOR AND/OR COUNTY MAYOR�S DESIGNEE TO EXERCISE AND EXECUTE SUCH CONTRACTS, AGREEMENTS, MEMORANDA OF UNDERSTANDING, MODIFY OR AMEND THE APPLICATION IN ORDER TO RECEIVE ADDITIONAL FUNDS OR TO EXTEND THE PERFORMANCE PERIOD AS REQUIRED IF AWARDED(Miami-Dade Police Department) Adopted
Resolution R-484-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
8I1B  
  100832 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AN AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE TOWN OF MIAMI LAKES FOR THE PROVISION OF LOCAL POLICE PATROL SERVICES; RETROACTIVELY AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE THE TERMS AND PROVISIONS OF THIS AGREEMENT CONTAINED THEREIN, TAKE ANY ACTION REQUIRED OF THE COUNTY, EXERCISE ANY RENEWAL AND CANCELLATION PROVISIONS THEREIN(Miami-Dade Police Department) Adopted
Resolution R-485-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
8I1C  
  100834 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AN AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE TOWN OF CUTLER BAY FOR THE PROVISION OF LOCAL POLICE PATROL SERVICES; RETROACTIVELY AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE THE TERMS AND PROVISIONS OF THIS AGREEMENT CONTAINED THEREIN, TAKE ANY ACTION REQUIRED OF THE COUNTY, EXERCISE ANY RENEWAL AND CANCELLATION PROVISIONS THEREIN(Miami-Dade Police Department) Adopted
Resolution R-486-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
8J MIAMI-DADE TRANSIT AGENCY  
8J1A  
  100846 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE STATE FUNDING IN THE AMOUNT OF $700,000 FOR THE PURCHASE AND MINOR IMPROVEMENTS OF A PARK AND RIDE FACILITY LOCATED AT SW 168TH STREET AND SW 97TH AVENUE ALONG THE SOUTH MIAMI-DADE BUSWAY; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS AS SPECIFIED IN THE JPA; AUTHORIZING THE RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SYSTEM SURTAX(Miami-Dade Transit Agency) Adopted
Resolution R-487-10
Mover: Joe A. Martinez
Seconder: Dorrin D. Rolle
Vote: 10 - 1
No: Gimenez
Absent: Heyman , Diaz
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

There being no questions or comments, the Commission proceeded to vote.
 
  4/14/2010 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
  4/20/2010 4 Day Rule Invoked by the Board of County Commissioners  
8J1B  
  100994 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE ADDITIONAL STATE FUNDING IN THE AMOUNT OF $379,900 FOR A PARK AND RIDE FACILITY AT THE FLORIDA POWER & LIGHT SITE (FP&L) ON SW 127TH AVENUE NEAR KENDALL DRIVE; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS AS SPECIFIED IN THE SJPA; AUTHORIZING RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE AS SPECIFIED IN THE SJPA; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SYSTEM SURTAX FUNDS AS A MATCH FOR THE JOINT PARTICIPATION AGREEMENT (JPA) AND THE SJPA [SEE ORIGINAL ITEM UNDER FILE NO. 100848](Miami-Dade Transit Agency) Adopted
Resolution R-488-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit, Infrastructure & Roads Committee  
8K DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT  
8K1A  
  100820 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE� MAYOR TO AMEND THE FY 2010 ACTION PLAN TO REFLECT THE REALLOCATION OF FY 2008, 2009 AND 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $2,528,920 AND HOME INVESTMENT PARTNERSHIP FUNDS IN THE AMOUNT OF $200,000, AS INDICATED IN EXHIBIT A; AUTHORIZING THE MAYOR OR MAYOR�S� DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAM, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED FOR A PROJECT TO ANY NEW ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT NECESSARY TO CARRY OUT THE ABOVE PROGRAMS; AND� AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN(Department of Housing and Community Development) Adopted
Resolution R-489-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8K1A SUPPLEMENT  
  101150 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING CDBG ALLOCATIONS BY COMMUNITY ADVISORY COMMITTEES Presented
8K1B  
  100887 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION DESIGNATING PARTNERS FOR SELF EMPLOYMENT, INC. AS THE COUNTY�S FISCAL AGENT TO MANAGE THE EMPOWERMENT ZONE REVOLVING LOAN FUND; AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO WAIVE COMPETITIVE BIDDING PURSUANT TO SECTION 5.03 OF THE HOME RULE CHARTER, SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY; AUTHORIZING PAYMENT IN THE FORM OF A FEE FOR SERVICE IN AN AMOUNT NOT TO EXCEED $100,000.00; AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE FINAL AUTHORITY TO APPROVE OR DENY LOAN RECOMMENDATIONS SUBMITTED BY THE FISCAL AGENT; AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND LOAN DOCUMENTS AND, AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO EXERCISE AMENDMENT, RENEWAL, TERMINATION, CANCELLATION, AND MODIFICATION CLAUSES OF ANY AGREEMENT ENTERED INTO PURSUANT TO THIS RESOLUTION(Department of Housing and Community Development) Adopted
Resolution R-461-10
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8K1B SUPPLEMENT  
  101129 Supplement      
  SUPPLEMENTAL INFORMATION ON THE RECAPTURE OF EMPOWERMENT ZONE FUND FOR DEPOSIT INTO THE REVOLVING LOAN FUND Presented
8K1C  
  100975 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING CONFIDENTIAL PROJECT NO. 10-00080 AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO FLORIDA STATUTE 288.106, CONFIRMING THAT THE COMMITMENTS OF LOCAL FINANCIAL SUPPORT NECESSARY FOR CONFIDENTIAL PROJECT NO. 10-00080 EXIST; PROVIDING AN APPROPRIATION OF UP TO $64,000 FROM GENERAL REVENUE FUNDS AS LOCAL PARTICIPATION IN THE STATE OF FLORIDA QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2014 THROUGH 2019, INCLUSIVE, OR OVER A TIME PERIOD AS DETERMINED BY THE STATE OF FLORIDA IN ITS APPROVAL OF CONFIDENTIAL PROJECT NO. 10-00080 APPLICATION WITH THE PROVISION THAT ANY TAX ABATEMENT GRANTED TO CONFIDENTIAL PROJECT NO. 10-00080 UNDER FLORIDA STATUTE 196.1995 REDUCES ANY QUALIFIED TARGET INDUSTRY TAX REFUND TO CONFIDENTIAL PROJECT NO.10-00080 BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED, IN COMPLIANCE WITH FLORIDA STATUTE 288.106(5)(C); AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS AND EXECUTE ALL CONTRACTS, AGREEMENTS, AND AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE(Department of Housing and Community Development) Adopted
Resolution R-490-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8K1D  
  100976 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING CONFIDENTIAL PROJECT NO. 10-00080 AS A TARGETED JOBS INCENTIVE FUND PROGRAM BUSINESS PURSUANT TO THE CODE OF MIAMI-DADE COUNTY, FLORIDA, CHAPTER 2, ARTICLE LXXXVI, AS MODIFIED BY ORDINANCE NO. 02-251; CONFIRMING THAT THE COMMITMENT OF INCENTIVE AWARDS FOR CONFIDENTIAL PROJECT NO. 10-00080 EXISTS; PROVIDING AN APPROPRIATION OF UP TO $777,167, FROM GENERAL REVENUE FUNDS FOR FISCAL YEARS 2014 TROUGH 2019 WITH THE PROVISION THAT ANY TAX ABATEMENT GRANTED TO CONFIDENTIAL PROJECT NO. 10-00080, UNDER FLORIDA STATUTE 196.1995, REDUCES ANY TARGETED JOBS INCENTIVE FUNDS AWARD TO CONFIDENTIAL PROJECT NO.10-00080 BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS INCLUDING MODIFICATIONS TO THE JOB CREATION AND DISBURSEMENT DATES TIMELINES, AND TO EXECUTE ALL CONTRACTS, AGREEMENTS, AND AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE(Department of Housing and Community Development) Adopted
Resolution R-491-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8L OFFICE OF STRATEGIC BUSINESS MANAGEMENT  
8L1A  
  100775 Resolution      
  RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2009-10 FOR THE NORTH MIAMI BEACH COMMUNITY REDEVELOPMENT AGENCY(Office of Strategic Business Management) Deferred to May 18, 2010
Resolution
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT:  
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
8L1B  
  101043 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2009-10 FOR THE N.W. 7TH AVENUE COMMUNITY REDEVELOPMENT AGENCY (SEE ORIGINAL ITEM UNDER FILE NO. 100783)(Office of Strategic Business Management) Adopted
Resolution R-492-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Housing & Community Development Committee  
8M PARK AND RECREATION DEPARTMENT  
8M1A  
  100766 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION WAIVING FORMAL COMPETITIVE BID PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY AND WAIVING REQUIREMENTS OF ADMINISTRATIVE ORDER 3-38 BY A TWO-THIRDS (2/3) VOTE OF BOARD MEMBERS PRESENT TO AMEND RESOLUTION NO. R-162-05 TO AUTHORIZE THE PARK AND RECREATION DEPARTMENT DIRECTOR TO EXECUTE ON BEHALF OF THE COUNTY ALL CONTRACTS RELATED TO THE PROVISION OF INDIVIDUAL UMPIRE, SCOREKEEPER AND REFEREE SERVICES AT COUNTY PARKS UP TO THE MONETARY LIMITS SET FORTH IN RESOLUTION NO. R-162-05 AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN(Park & Recreation Department) Adopted
Resolution R-493-10
Mover: Rebeca Sosa
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
8N PLANNING AND ZONING DEPARTMENT  
8N1A  
  100731 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING HISTORIC PRESERVATION AD VALOREM TAX EXEMPTION FOR THE REHABILITATION TO 8315 S.W. 153 TERRACE, PALMETTO BAY, FLORIDA PURSUANT TO SECTION 196.1997, AND 196.1998 FLORIDA STATUTE AND SECTION 16A-18, MIAMI-DADE COUNTY CODE(Department of Planning & Zoning) Adopted
Resolution R-494-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
8N1B  
  100732 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING HISTORIC PRESERVATION AD VALOREM TAX EXEMPTION FOR THE REHABILITATION OF 1507 COLUMBUS BOULEVARD, CORAL GABLES, FLORIDA, PURSUANT TO SECTION 196.1997, AND 196.1998 FLORIDA STATUTE AND SECTION 16A-18, MIAMI-DADE COUNTY CODE(Department of Planning & Zoning) Adopted
Resolution R-495-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
8N1C  
  100733 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING HISTORIC PRESERVATION AD VALOREM TAX EXEMPTION FOR THE REHABILITATION TO THE CROWN HOTEL, 4041 COLLINS AVENUE, MIAMI BEACH, FLORIDA PURSUANT TO SECTION 196.1997, AND 196.1998 FLORIDA STATUTE AND SECTION 16A-18, MIAMI-DADE COUNTY CODE(Department of Planning & Zoning) Adopted
Resolution R-496-10
Mover: Bruno A. Barreiro
Seconder: Audrey M. Edmonson
Vote: 10 - 1
No: Martinez
Absent: Heyman , Diaz
  REPORT: Commissioner Martinez noted he would be voting against this foregoing proposed resolution due to providing a tax break to a revenue generating hotel.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
8N1D  
  100734 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING HISTORIC PRESERVATION AD VALOREM TAX EXEMPTION FOR THE REHABILITATION TO 2535 LAKE AVENUE, MIAMI BEACH, FLORIDA PURSUANT TO SECTION 196.1997, AND 196.1998 FLORIDA STATUTE AND SECTION 16A-18, MIAMI-DADE COUNTY CODE(Department of Planning & Zoning) Adopted
Resolution R-497-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
8O PROCUREMENT MANAGEMENT DEPARTMENT  
8O1A  
  100774 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING AWARD OF COMPETITIVE CONTRACTS, REJECTION OF BIDS, AND CONTRACT MODIFICATIONS, AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, TO EXERCISE OPTIONS-TO-RENEW ESTABLISHED THEREUNDER FOR PURCHASE OF GOODS AND SERVICES, AND AUTHORIZES THE USE OF CHARTER COUNTY TRANSIT SYSTEM SURTAX FUNDS(Procurement Management Department) Adopted
Resolution R-498-10
Mover: Barbara J. Jordan
Seconder: Dorrin D. Rolle
Vote: 10 - 0
Absent: Moss , Souto , Martinez
  REPORT: Commissioner Jordan noted her understanding that the total number of mowing cycles was being reduced pursuant to Item 1.2; however, she requested clarification over the number of acres included in this proposal.

Ms. Miriam Singer, Director, Department of Procurement Management, clarified that the total number of mowing cycles required for maintaining the property was being reduced. She said the Public Works Department would provide information pursuant to any changes to property locations.

Mr. Antonio Cotarelo, Assistant Director, Construction, Public Works Department, responded that the acreage reduction was due to lots which were now developed and no longer under the General Services Administration. He noted the cost reduction was due to the number of lots being mowed being reduced from approximately 500 to 404 and reductions to the number of mowing cycles.

Ms. Singer responded to Commissioner Jordan�s question about price reductions associated with reduced mowing cycles and total acreage. She noted that longer intervals between mowing cycles required additional work being performed at each mowing; therefore, an equal reduction in price would not occur.

It was moved by Commissioner Jordan that the foregoing proposed resolution be adopted. The motion was seconded by Commissioner Rolle and upon being put to a vote, passed by a vote of 11-0; (Commissioner Martinez and Chairman Moss were absent).

Subsequently, it was moved by Commissioner Jordan that the foregoing proposed resolution be reconsidered. The motion was seconded by Commissioner Rolle and upon being put to a vote, passed by a vote of 10-0; (Commissioner Martinez, Souto and Chairman Moss were absent).

Commissioner Jordan questioned whether the $14.760 million included in Item 3.4 included small business development opportunities.

Ms. Penelope Townsley, Director, Department of Small Business Development responded that the Procurement Management, the Small Business Development and the Water and Sewer Departments had all discussed small business opportunities on this contract. She noted the Water and Sewer Department utilized the MCC 70/40 contract to bid some associated tasks required with this modification.

Commissioner Jordan noted pursuant to a conversation with Mr. John Renfrow, Director, Miami-Dade Water and Sewer Department, non specialized work opportunities that could be performed by small businesses would be available.

It was moved by Commissioner Jordan that the foregoing proposed resolution be adopted. The motion was seconded by Commissioner Rolle and upon being put to a vote, passed by a vote of 10-0; (Commissioner Martinez, Souto and Chairman Moss were absent.
 
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8O1B  
  100842 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE AWARD OF CONTRACTS UNDER FULL AND OPEN COMPETITION FOR THE PURCHASE OF GOODS AND SERVICES VALUED IN EXCESS OF $100,000 AND UP TO $1,000,000 EXECUTED DURING THE PERIOD OF OCTOBER 1, 2009 THROUGH DECEMBER 31, 2009(Procurement Management Department) Adopted
Resolution R-499-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8O1C  
  100919 Resolution      
  RESOLUTION APPROVING A LEASE AGREEMENT WITH FUEL MIAMI, LLC TO LEASE THE SOUTH FA�ADE OF THE COUNTY�S CENTRAL SUPPORT FACILITY FOR THE PURPOSE OF MURAL ADVERTISING SERVICES, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SUCH LEASE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN CONTRACT NO. RFP702(Procurement Management Department) Deferred to No Date Certain
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
8O1D  
  101051 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING WAIVER OF FORMAL BID PROCEDURES FOR THE PURCHASE OF GOODS AND SERVICES, AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO AWARD SAME, WITH AUTHORITY TO EXERCISE OPTIONS-TO-RENEW ESTABLISHED THEREUNDER, AND AUTHORIZES THE USE OF CHARTER COUNTY TRANSIT SYSTEM SURTAX FUNDS [SEE ORIGINAL ITEM UNDER FILE NO. 100813](Procurement Management Department) Adopted
Resolution R-500-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation as amended by the Budget, Planning and Sustainability Committee  
8O1E  
  101079 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AWARD OF CONTRACT NO. BW9262-1/20: DEFIBRILLATORS, EQUIPMENT, ACCESSORIES AND MAINTENANCE, TO PHYSIO CONTROL, INC., IN THE AMOUNT OF $10,401,000; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE CONTRACT AND TO EXERCISE ANY RENEWAL AND CANCELLATION PROVISIONS CONTAINED THEREIN (SEE ORIGINAL ITEM UNDER FILE NO. 100813)(Procurement Management Department) Adopted
Resolution R-501-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Budget, Planning and Sustainability Committee  
8O1E SUPPLEMENT  
  101105 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING DEFIBRILLATORS FOR VARIOUS DEPARTMENTS Presented
8P PUBLIC WORKS DEPARTMENT  
8P1A  
  100708 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL OF A CONTRACT BETWEEN MIAMI-DADE COUNTY AND ACOSTA TRACTORS, INC., FOR PUBLIC WORKS DEPARTMENT PROJECT ENTITLED PTP TRAFFIC OPERATIONAL IMPROVEMENTS ALONG SW 180 STREET FROM SW 147 AVENUE TO SW 137 AVENUE, LOCATED WITHIN COMMISSION DISTRICT 9 (PROJECT NO. 20070735), EXTENDING THE CONTRACT TIME BY 60 CALENDAR DAYS(Public Works Department) Adopted
Resolution R-502-10
Mover: Dorrin D. Rolle
Seconder: Joe A. Martinez
Vote: 11 - 0
Absent: Barreiro , Moss
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1B  
  100720 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $1,155,000.00 BETWEEN SOLUTION CONSTRUCTION, INC. AND MIAMI-DADE COUNTY FOR THE PEOPLE�S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED INTERSECTION IMPROVEMENT CONTRACT (PROJECT CICC 7360-0/08 REQUEST FOR PRICE QUOTATION (RPQ) NO. 20090313) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SURTAX FUNDS(Public Works Department) Adopted
Resolution R-503-10
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1C  
  100725 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $971,538.71 BETWEEN A & A FONTE, INC. AND MIAMI-DADE COUNTY FOR THE PEOPLE�S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED OLD CUTLER ROAD BIKE PATH PHASE I (PROJECT � CICC 7040-0/07 REQUEST FOR PRICE QUOTATION (RPQ) NO. 20090238) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SURTAX FUNDS(Public Works Department) Adopted
Resolution R-504-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1D  
  100727 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $1,155,000.00 BETWEEN SOLUTION CONSTRUCTION, INC. AND MIAMI-DADE COUNTY FOR THE PEOPLE�S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED INTERSECTION IMPROVEMENT CONTRACT (PROJECT - CICC 7360-0/08 REQUEST FOR PRICE QUOTATION (RPQ) NO. 20090314) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSIT SURTAX FUNDS(Public Works Department) Adopted
Resolution R-505-10
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1E  
  100794 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $5,000,000.00 FOR MISCELLANEOUS PROFESSIONAL SERVICES AGREEMENTS WITH TEN (10) CONSULTING FIRMS TO PROVIDE MATERIALS TESTING, CONSULTING AND TRAINING SERVICES (PROJECT NO. E09-PW-03; CONTRACT NO. 20090201) AND AUTHORIZING THE USE OF VARIOUS FUNDING SOURCES INCLUDING CHARTER COUNTY TRANSIT SURTAX AND BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDS(Public Works Department) Adopted
Resolution R-506-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 10 - 1
No: Martinez
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1F  
  100798 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $35,000,000 FOR MISCELLANEOUS PROFESSIONAL SERVICES AGREEMENTS WITH TWENTY-SIX (26) CONSULTING FIRMS TO PROVIDE SOILS, FOUNDATIONS AND GEOTECHNICAL TESTING SERVICES (PROJECT NO. E09-PW-02; CONTRACT NO. 20090103) AND AUTHORIZING THE USE OF VARIOUS FUNDING SOURCES INCLUDING CHARTER COUNTY TRANSIT SURTAX AND BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDS(Public Works Department) Adopted
Resolution R-507-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 10 - 1
No: Martinez
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1G  
  100854 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING CHANGE ORDER NO. 1 OF A CONTRACT BETWEEN MIAMI-DADE COUNTY AND HORSEPOWER ELECTRIC, INC., FOR PUBLIC WORKS DEPARTMENT PROJECT ENTITLED STREET LIGHTING REPAIR AND MAINTENANCE CONTRACT - COUNTYWIDE, (PROJECT NO. 20070656), INCREASING THE CONTRACT AMOUNT BY $500,000.00 AND EXTENDING THE CONTRACT TIME BY 150 CALENDAR DAYS(Public Works Department) Adopted
Resolution R-508-10
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: Commissioner Jordan asked County Manager George Burgess to consider obtaining a patent for lock boxes designed by Public Works Department staff that would prevent copper wire theft from street lighting.

There being no questions or comments, the Commission proceeded to vote.
 
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1H  
  100867 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE NATIONAL RESOURCES CONSERVATION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE AND MIAMI-DADE COUNTY PROVIDING $2,700,000 IN FEDERAL FUNDING FOR THE CORAL GABLES LOOP CANAL, SW 67 AVENUE TO SW 75 AVENUE BANK STABILIZATION PROJECT; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(Public Works Department) Adopted
Resolution R-509-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8P1I  
  100789 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING EXECUTION OF A LOCAL AGENCY PROGRAM (LAP) AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE $212,040 IN FEDERAL FUNDS FOR THE CONSTRUCTION OF THE COMMODORE TRAIL BICYCLE FACILITY IMPROVEMENTS PROJECT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN(Public Works Department) Adopted
Resolution R-510-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Transit, Infrastructure & Roads Committee  
8Q (No items were submitted for this section.)  
8R WATER AND SEWER DEPARTMENT  
8R1A  
  100787 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AMENDMENT NUMBER ONE TO THE NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC., INCREASING MAXIMUM COMPENSATION FROM $4,000,000 TO $6,500,000 AND EXTENDING CONTRACT TERM FROM SIX YEARS TO TEN YEARS AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE SAME(Water & Sewer Department) Adopted
Resolution R-511-10
Mover: Dorrin D. Rolle
Seconder: Katy Sorenson
Vote: 11 - 0
Absent: Barreiro , Moss
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
8R1B  
  100791 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING ACCEPTANCE OF AN EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR WATER AND SEWER INFRASTRUCTURE INSTALLED TO SERVICE THE UNITED STATES SOUTHERN COMMAND HEADQUARTERS IN THE CITY OF DORAL(Water & Sewer Department) Adopted
Resolution R-512-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
9 ADDITIONAL DEPARTMENTAL ITEMS  
9A1  
  100824 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING EXECUTION OF SUB-LEASE WITH HUMANE SOCIETY OF GREATER MIAMI/ADOPT-A-PET TO OPERATE VETERINARY CLINIC AT SOUTH DADE GOVERNMENT CENTER AND AUTHORIZING THE COUNTY MAYOR TO EXERCISE RENEWAL AND CANCELLATION PROVISIONS CONTAINED THEREIN(Animal Services) Adopted
Resolution R-513-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
9A2  
  100756 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE APPROVAL OF TWENTY-NINE (29) GRANTS FOR A TOTAL OF $141,000 FROM THE DEPARTMENT OF CULTURAL AFFAIRS FY 2009-2010 COMMUNITY GRANTS PROGRAM � THIRD QUARTER WITH ALERT HEALTH, INC.; ARCA IMAGES, INC.; BALERE, INC.; CITY OF MIAMI - LIBERTY CITY COMMUNITY REVITALIZATION TRUST; CITY OF MIAMI - LITTLE HAITI CULTURAL CENTER; CREATIVE CHILDREN THERAPY, INC.; CULTURE AND COMMUNITY ASSOCIATION, INC.; EARTH LEARNING, INC.; EARTHMAN PROJECT, INC., THE; FANTASY THEATRE FACTORY, INC. A/F/A DJB DANCE THEATER, INC.; FRIENDS OF THE JAPANESE GARDEN, INC.; FRIENDS OF THE YOUNG MUSICIANS CAMP, INC.; GALATA, INC.; GRETA BI-LINGUAL CHILDREN'S BOOKS, INC.; GRUPO TEATRAL EL DUENDE, INC.; HAITIAN AMERICAN YOUTH TASK FORCE, INC.; HARAMBEE, INC.; HISPANIC-AMERICAN LYRIC THEATRE, INC. A/F/A ERE BISTOURY; MAD CAT THEATRE COMPANY, INC.; MASTER CHORALE OF SOUTH FLORIDA, INC.; MIAMI DANCE PROJECT, INC.; MIAMI ORATORIO SOCIETY, INC., THE; MIAMI RIVER FUND, INC.; MIAMI-DADE COUNTY PARK AND RECREATION DEPARTMENT; MIAMI-DADE PUBLIC LIBRARY FOUNDATION, INC.; MICHAEL-ANN RUSSELL JEWISH COMMUNITY CENTER, INC.; NATIONAL ART EXHIBITIONS OF THE MENTALLY ILL, INC.; NEW WORLD FESTIVAL, INC.; YOUTH FOR THE ARTS FORUM, INC.(Miami-Dade Department of Cultural Affairs) Adopted
Resolution R-514-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
9A3  
  100836 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING APPROVAL OF A RETROACTIVE WAIVER OF THE ART IN PUBLIC PLACES (APP) REQUIREMENT FOR THE CITY OF HIALEAH GOB PROJECTS, WALKER PARK AND WEST OKEECHOBEE ROAD AFFORDABLE HOUSING DEVELOPMENT AND A WAIVER OF ADMINISTRATIVE ORDER 3-11, GOVERNING THE PROCESS FOR REQUESTING WAIVERS OF THE APP REQUIREMENT(Miami-Dade Department of Cultural Affairs) Adopted
Resolution R-515-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
9A4  
  100837 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING APPROVAL OF A RETROACTIVE WAIVER OF THE ART IN PUBLIC PLACES REQUIREMENT (APP) FOR THE VILLA AURORA HOUSING DEVELOPMENT PROJECT AND A WAIVER OF ADMINISTRATIVE ORDER 3-11, GOVERNING THE PROCESS FOR REQUESTING WAIVERS OF THE APP REQUIREMENT(Miami-Dade Department of Cultural Affairs) Adopted
Resolution R-516-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
9A5  
  100838 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING APPROVAL OF A RETROACTIVE WAIVER OF THE ART IN PUBLIC PLACES (APP) REQUIREMENT FOR THE FOLLOWING FOUR CAPITAL PROJECTS COMPLETED BY THE VILLAGE OF PALMETTO BAY: PALMETTO BAY PARK; CORAL REEF PARK; LUDOVICI, AKA BAYFRONT PARK; AND THE VILLAGE OF PALMETTO BAY LIBRARY THIS RECOMMENDATION ALSO REQUIRES A WAIVER OF ADMINISTRATIVE ORDER 3-11, GOVERNING THE PROCESS FOR REQUESTING WAIVERS OF THE APP REQUIREMENT(Miami-Dade Department of Cultural Affairs) Adopted
Resolution R-517-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
9A6  
  100840 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING APPROVAL OF A RETROACTIVE WAIVER OF THE ART IN PUBLIC PLACES (APP) REQUIREMENT FOR THE CITY OF MIAMI BEACH GOB PROJECTS, BEACH FRONT RESTROOMS AND FIRE STATION #4, AND A WAIVER OF ADMINISTRATIVE ORDER 3-11, GOVERNING THE PROCESS FOR REQUESTING WAIVERS OF THE APP REQUIREMENT(Miami-Dade Department of Cultural Affairs) Adopted
Resolution R-518-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
10A1  
  100772 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO APPLY FOR, RECEIVE, AND EXPEND FUNDS FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, OR A MANAGING ENTITY ACTING ON THEIR BEHALF, AND THROUGH THE FLORIDA DEPARTMENT OF CORRECTIONS FOR AN AWARD OF $650,000 PER YEAR UPON ANNUAL ALLOCATION OF THE STATE, TO FUND TRANSITIONAL HOUSING FOR MENTALLY ILL HOMELESS PERSONS; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO ISSUE A REQUEST FOR APPLICATION PROCESS AND NEGOTIATE AND EXECUTE CONTRACTS AND SUB-CONTRACTS WITH ONE OR MORE NON-PROFIT PROVIDER(S) TO CARRY OUT THE CONTRACTUAL OBLIGATIONS OF THE STATE, AND ANY AMENDMENTS, RENEWALS, SOME OF WHICH MAY EXCEED $1 MILLION IF RENEWED AND APPLY FOR ADDITIONAL FUNDING THAT MAY BECOME AVAILABLE UNDER THIS PROGRAM FOR THIS PURPOSE THERETO, SUBJECT TO APPROVAL BY THE COUNTY ATTORNEY'S OFFICE, AND EXERCISE CANCELLATION PROVISIONS CONTAINED THEREIN(Miami-Dade Homeless Trust) Adopted
Resolution R-519-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
10A2  
  100776 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE MIAMI-DADE COUNTY HOMELESS TRUST TO ISSUE A REQUEST FOR APPLICATION PROCESS TO SELECT NOT-FOR-PROFIT SERVICE PROVIDERS OF HOMELESS HOUSING AND SERVICES IN ACCORDANCE WITH THE MIAMI-DADE COUNTY HOMELESS PLAN; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AGREEMENTS, SOME OF WHICH MAY EXCEED ONE MILLION DOLLARS IF RENEWED, WITH COMMUNITY BASED ORGANIZATIONS THAT ARE APPROVED FOR FUNDING BY THE HOMELESS TRUST, AFTER APPROVAL BY THE COUNTY ATTORNEY�S OFFICE; AND� AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE AMENDMENT, RENEWAL, TERMINATION, CANCELLATION, AND MODIFICATION CLAUSES OF ANY AGREEMENT ENTERED INTO PURSUANT TO THIS RESOLUTION(Miami-Dade Homeless Trust) Adopted
Resolution R-520-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Forwarded to BCC with a favorable recommendation by the Housing & Community Development Committee  
10A3  
  100844 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING ISSUANCE OF MIAMI-DADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY SOLID WASTE DISPOSAL REVENUE BONDS (WASTE MANAGEMENT INC. PROJECT), IN ONE OR MORE SERIES, IN AN AMOUNT NOT TO EXCEED $75,000,000 TO FINANCE CAPITAL PROJECTS FOR PURPOSES OF AND PURSUANT TO SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED(Industrial Development Authority) Adopted
Resolution R-521-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  100782 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO DEVELOP AND IMPLEMENT A PROGRAM TO PROMOTE AND WELCOME MILITARY, COAST GUARD, AND FOREIGN MILITARY VESSELS TO THE PORT OF MIAMI Adopted
Resolution R-555-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded with a favorable recommendation by the Airport and Seaport Committee  
11A2  
  100762 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Carlos A. Gimenez
Rebeca Sosa
       
  RESOLUTION DECLARING MAY 10-16, 2010 AS WATER REUSE WEEK Adopted
Resolution R-522-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A3  
  101073 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Carlos A. Gimenez
Sally A. Heyman
Rebeca Sosa
Sen. Javier D. Souto
       
  RESOLUTION ESTABLISHING COUNTY POLICY TO FUND THE FULL TIME OPERATION OF MIAMI-DADE FIRE RESCUE STATION 15; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO FUND SUCH OPERATION FOR BALANCE OF FISCAL YEAR 2009-10 FROM WITHIN APPROPRIATIONS TO MIAMI-DADE FIRE RESCUE DEPARTMENT BY MAKING NECESSARY ADJUSTMENTS WITHIN SUCH APPROPRIATIONS TO EFFECTUATE THIS POLICY; AND DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO SUBMIT WRITTEN REPORT [SEE ORIGINAL ITEM UNDER FILE NO. 100865] Adopted
Resolution R-523-10
Mover: Carlos A. Gimenez
Seconder: Rebeca Sosa
Vote: 9 - 1
No: Sorenson
Absent: Moss , Souto , Martinez
  REPORT: Commissioner Edmonson questioned the source and amount of savings realized from this proposed resolution.

Chief Herminio Lorenzo, Director, Miami-Dade Fire Rescue Department responded that funding was available to put the unit into service through the end of 2010 as a result of overtime savings and realized revenues.

Commissioner Jordan noted concern about using Fire Rescue Department revenue prior to an equitable distribution report and making sure safety issues were properly addressed.

Commissioner Barreiro questioned whether there was an anticipated time frame for completing negotiations for the agreement between the County, the City of Miami (City) and the Village of Key Biscayne (Village).

Chief Lorenzo responded that meetings with Fire Chiefs of the City and the Village had been held to discuss Automatic Aid. He noted reluctance with the term Automatic Aid; fear related to an incident one and a half years ago; and trust issues. Chief Lorenzo said an agreement was in place to review the Mutual Aid plan which currently existed between the Fire Departments with the exception of the Village. He noted an Enhanced Mutual Aid plan was being evaluated that would take into consideration specific and limited areas within the County where responding outside of the jurisdiction would make sense because of the nearness of a fire facility to that area from another jurisdiction. Chief Lorenzo said discussions were also underway pertaining to the (inaudible) resolution introduced by Commissioner Diaz and a report would be provided to the County Commission within 40 days. He noted diligent efforts were underway to find solutions to those areas which had three fire stations within close proximity to one another. Chief Lorenzo said that solutions to solve all areas efficiently were being addressed; differences were being resolved; and constructive ideas considered.

Commissioner Sorenson questioned the expenditure of additional funds with three fire stations within close proximity to one another and serving the exact same area. She noted the need to address issues considering the public safety of the community was the primary goal of fire professionals.

Chief Lorenzo noted the Department was trying very hard to develop a solution. He concurred with Commissioner Sorenson that jurisdictional issues did not make sense with three fire stations in close proximity to one another. Chief Lorenzo noted the following options being considered: 1) to contract with the City or Village to provide protection to the area if they were willing to accept such proposal and provide that service; 2) to continue the current system with a peak hour unit from Thursday through Monday and depend upon Mutual Aid or County units responding to the area at other times; or 3) to enhance the unit back to its prior service level by placing either a full time fire rescue truck or fire suppression unit at Station 15 in Key Biscayne. He noted the best solution would be to obtain an understanding between the three fire departments to serve the area full-time.

Commissioner Sorenson said that Chief Lorenzo�s solution would be best for taxpayers since three fire stations under separate jurisdictions ws not purdent. She questioned whether there was a 911 problem or a delivery of service issue that prompted this resolution.

County Manager George Burgess responded that the incident was still under investigation and noted it appeared that the real issue was one of dispatch and not one of the station not being manned. He said an agreement where the Village would respond to County calls would be a significantly more efficient use of funding than putting suppression and rescue units back in the fire station 24/7 considering its close proximity to the Village�s station. County Manager Burgess noted a $79 million funding gap in next year's (FY 2010-11) Fire Rescue Department budget needed to be considered when making any decisions.

Commissioner Sorenson noted her understanding that reductions of $40 million to the Fire Rescue Department have been identified leaving a $39 million funding gap. She said that any money spent this year on the Station's funding would result in less carry-over to address next year�s problems. Commissioner Sorenson said the County Commission would need to increase the Fire Millage or fire rescue services would be reduced. She noted an efficient level of service was needed; that she would not support fully funding the station; and that an agreement was needed between the three jurisdictions.

Commissioner Gimenez noted a gap existed since the City station was approximately eight minutes away from Miami-Dade County property. He commended Chief Lorenzo for his efforts in trying to resolve issues and noted it was a good idea for all three departments to collectively determine ways to save money. Commissioner Gimenez said that the Station needed to be reinstated due to incidents and response times. He noted it was his understanding that the toll increase was to be used for the Station; however, later found out that only Miami-Dade County funds were used. Commissioner Gimenez supported reinstating the Station with savings identified by Administration and to deal with next year's (FY 2010-11) funding issues later. He said the most important issue was to maintain service levels and that this area deserved continued protection.

Commissioner Diaz noted a meeting with the fire union. He said these issues would be contingent upon the budget and that dialogue between Administration, the City and Village were appropriate. Commissioner Diaz said that it was important to provide optimum service response times.

Commissioner Heyman noted support for this proposed resolution and the pursuit of Enhanced Mutual Aid. She said this proposal addressed the identified void of service problems.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/15/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Health, Public Safety & Intergovernmental Cmte  
11A4  
  101072 Resolution     Carlos A. Gimenez        
  RESOLUTION DIRECTING MAYOR OR MAYOR�S DESIGNEE TO PREPARE AND SUBMIT TO THE BOARD OF COUNTY COMMISSIONERS A REPORT AND RECOMMENDATION ADDRESSING HOW THE BOARD COULD EFFECTIVELY FUND DEPARTMENTS SET FORTH IN THE HOME RULE CHARTER AND DEPARTMENTS UNDER THE SUPERVISION OF THE BOARD, PLUS NO MORE THAN A TOTAL OF TWENTY-FIVE ADMINISTRATIVE DEPARTMENTS UNDER THE SUPERVISION OF THE MAYOR [SEE ORIGINAL ITEM UNDER FILE NO. 100859] Motion to adopt died due to lack of a second
Mover: Carlos A. Gimenez
Seconder:
  REPORT: Commissioner Sosa noted her ongoing support for smaller government; however, she pointed out the recommendation to reduce the number of County departments must consider Administration�s needs.

Commissioner Sorenson noted the reduction of the number of County departments would not result in a reduction to the number of functions performed. She requested Commissioner Gimenez, the sponsor of this proposed resolution, elaborate on his intent when introducing this legislation.

Commissioner Gimenez responded that the State Constitution provided for only 25 departments and the County should consider abiding by this cap. He noted efficiencies would be established by decreasing the number of departments and the number of directors, assistant directors, and other staff. Commissioner Gimenez said this proposed resolution was requesting Administration prepare a budget that would analyze this potential option.

Commissioner Sorenson said the State did not provide local services and perhaps did not require as many departments as a county the size of Miami-Dade. She asked the County Manager to address the implications of this proposed resolution.

County Manager George Burgess noted merely selecting a designated number of departments was not prudent. He said the alternative was to evaluate the budget; to understand challenges being faced; and to streamline where appropriate. Manager Burgess noted that the concept of super departments had been previously addressed; however, based upon the scope and responsibilities of the current departments, reductions in the number of departments would be nothing more than a sound bite.

Vice-Chairman Diaz noted his understanding of the intent of this proposed resolution to refine the organizational structure; however, he noted that these decisions would be addressed in the upcoming budget process.

It was moved by Commissioner Gimenez that the foregoing proposed resolution be approved. The motion to adopt died due to the lack of a second.
 
  4/13/2010 Forwarded to BCC with a favorable recommendation as amended by the Government Operations Committee  
11A5  
  101071 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION APPROVING AMENDMENT TO ARTICLES OF INCORPORATION OF THE MIAMI-DADE ANIMAL SERVICES FOUNDATION, INC. (SEE ORIGINAL ITEM UNDER FILE NO. 100864) Adopted
Resolution R-524-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Health, Public Safety & Intergovernmental Cmte  
11A6  
  100750 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Dorrin D. Rolle
       
  RESOLUTION ESTABLISHING A POLICY THAT PERSONS OR ENTITIES RECEIVING COUNTY FUNDING DISPLAY THE COUNTY LOGO OR OTHERWISE APPROPRIATELY RECOGNIZE THE COUNTY IN MATERIALS AND SIGNS RELATED TO THE PROJECT AND DIRECTING THE COUNTY MAYOR OR HIS DESIGNEE TO INCLUDE A PROVISION SO REQUIRING IN GRANT CONTRACTS Adopted
Resolution R-525-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A7  
  101070 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION DECLARING SURPLUS COUNTY-OWNED LAND LOCATED AT 3090 N.W. 135TH STREET IN MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CONVEYANCE OF SAME TO THE NORTH MIAMI BEACH MEDICAL CENTER, INC., IN ACCORDANCE WITH FLORIDA STATUTE.125.38; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; AND AUTHORIZING EXECUTION OF A COUNTY DEED AND DECLARATION OF RESTRICTIONS FOR SUCH PURPOSE (SEE ORIGINAL ITEM UNDER FILE NO. 100797) Adopted
Resolution R-526-10
Mover: Barbara J. Jordan
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation as amended by the Government Operations Committee  
11A8  
  100816 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION WAIVING ADMINISTRATIVE ORDER 3-38 IN ORDER TO APPOINT CERTAIN QUALIFIED LAW FIRMS TO AUTHORITY BOND COUNSEL POOL AND RESCINDING RESOLUTION NO. R-1059-09 REGARDING EXTENSION OF CERTAIN BOND COUNSEL POOLS Adopted
Resolution R-527-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A9  
  100628 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION WAIVING REQUIREMENTS OF ADMINISTRATIVE ORDER 3-38 FOR SECURING SPONSORSHIPS AND PURCHASING GOODS AND SERVICES FOR HOSTING THE 6TH ANNUAL JOE A. MARTINEZ HEALTH AND SAFETY EXPO, JUNE 26, 2010 Adopted
Resolution R-528-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A10  
  100755 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Rebeca Sosa
Sen. Javier D. Souto
Carlos A. Gimenez
       
  RESOLUTION ENCOURAGING THE MIAMI-DADE SPORTS COMMISSION TO BID FOR THE OPPORTUNITY TO HOST FUTURE MAJOR LEAGUE BASEBALL ALL-STAR GAMES, NBA ALL-STAR GAMES, AND NCAA DIVISION I BASKETBALL CHAMPIONSHIP TOURNAMENT GAMES Adopted
Resolution R-529-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
11A11  
  101074 Resolution     Rebeca Sosa
Audrey M. Edmonson
Dorrin D. Rolle
       
  RESOLUTION RELATED TO AGENDA ITEMS JUSTIFICATION MEMORANDA; DIRECTING COUNTY MAYOR OR DESIGNEE TO INCLUDE DETAILED FINANCIAL COSTS AND BUDGETARY IMPACT ANALYSIS EXPLANATION FOR ITEMS WITH A FISCAL IMPACT (SEE ORIGINAL ITEM UNDER FILE NO. 100630) Amended
  REPORT: See Agenda Item 11A11 Amended; Legislative File No. 101189  
  4/13/2010 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Government Operations Committee  
11A11 Amended  
  101189 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Audrey M. Edmonson
Dorrin D. Rolle
       
  RESOLUTION RELATED TO AGENDA ITEMS JUSTIFICATION MEMORANDA; DIRECTING COUNTY MAYOR OR DESIGNEE TO INCLUDE DETAILED FINANCIAL COSTS AND BUDGETARY IMPACT ANALYSIS EXPLANATION FOR ITEMS WITH A FISCAL IMPACT (SEE ORIGINAL ITEM UNDER FILE NOS. 100630, 101074) Adopted as amended
Resolution R-530-10
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Jordan , Barreiro , Moss
  REPORT: Commissioner Seijas noted that although County Commissioners had the right to inquire about the financial impact of an Agenda Item, she was concerned about the right to place item(s) on the Board Agenda being limited by other persons.

Commissioner Sosa said the intent of this proposed resolution was to ensure that Commissioners were aware of the fiscal impact of their decisions and to provide the necessary data to make an informed decision. She suggested that the Commission Auditor track the fiscal impact data on agenda items to ensure compliance.

Commissioner Seijas noted that Administration was already required to provide fiscal impact data. She said that this policy was not always adhered to and that Administration be reminded of the necessity for compliance.

County Attorney Robert Cuevas responded to Commissioner Seijas that there was a rule specific ordinance and resolution relating to Administration reporting fiscal impact data. He also noted that he provided a memorandum with each agenda item which notified Commissioners whether a statement of fiscal impact was required.

Commissioner Seijas noted her goal was to implement rules already established rather than to expand those rules.

Commissioner Sosa said that working in conjunction with the Commission Auditor to provide this information would provide Commissioners with additional budget related knowledge and the public with additional access to information.

Commissioner Seijas suggested that Commissioner Sosa consider the removal of the last sentence from handwritten page 3: �Any item without the required information cannot be heard by the Board�.

As an alternative, Commissioner Sosa recommended the language read as follows: �Any item that does not include required information will be heard at the will of the sponsoring Commissioner�.

County Attorney Cuevas noted concern that that the County Attorney would become the gate keeper if this recommended language was adopted and as a result, any item which did not contain fiscal information would not be forwarded to the Commission.

Commissioner Sosa noted an alternative would be �to exclude items sponsored by Commissioners�.

County Attorney Cuevas restated the amendment to the last sentence of the resolution on handwritten page 3 to read: �Any item other than a Commissioner sponsored item without the required information could not be heard by the Board�.

It was moved by Commissioner Sosa that this proposed resolution be adopted as amended to delete the language on handwritten page 3, line 13 and to replace it with the following language: �Any item other than a Commission sponsored item, without the required information cannot be heard by the Board�. The motion was seconded by Commissioner Edmonson and upon being put to a vote, passed by a vote of 10-0; (Commissioners Barreiro, Jordan and Chairman Moss were absent).
 
11A12  
  100489 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO CONDUCT A FEASIBILITY STUDY ON DEVELOPMENT AND EXPANSION OF KENDALL INDIAN HAMMOCKS PARK AND REPORT TO THE BOARD WITH RESULTS WITHIN 90 DAYS Adopted
Resolution R-531-10
Mover: Katy Sorenson
Seconder: Rebeca Sosa
Vote: 7 - 0
Absent: Jordan , Heyman , Barreiro , Moss , Diaz , Seijas
  3/8/2010 No action taken due to lack of a quorum by the Recreation, Culture & Tourism Committee  
  4/12/2010 Forwarded to BCC with a favorable recommendation by the Recreation, Culture & Tourism Committee  
11A13  
  100637 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Sally A. Heyman
       
  RESOLUTION APPROVING THE CO-DESIGNATION BY THE CITY OF MIAMI GARDENS OF NW 177TH STREET BETWEEN NW 2ND AVENUE AND NW 7TH AVENUE AS ''BENNETT M. LIFTER WAY'' Adopted
Resolution R-556-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
11A14  
  100871 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Natacha Seijas        
  RESOLUTION APPROVING THE CO-DESIGNATION BY THE CITY OF HIALEAH OF EAST 26TH STREET BETWEEN EAST 7TH AVENUE AND EAST 8TH AVENUE AS ''DR.�OLIVER ANDERSON DRIVE'' Adopted
Resolution R-532-10
Mover: Natacha Seijas
Seconder: Dennis C. Moss
Vote: 10 - 1
No: Sorenson
Absent: Heyman , Diaz
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
11A15  
  100872 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Natacha Seijas        
  RESOLUTION APPROVING THE CO-DESIGNATION BY THE TOWN OF MIAMI LAKES OF NW 82ND AVENUE/MONTROSE ROAD FROM NW 154TH STREET TO OAK LANE AS �BOY SCOUT ROAD� Adopted
Resolution R-533-10
Mover: Natacha Seijas
Seconder: Joe A. Martinez
Vote: 11 - 1
No: Sorenson
Absent: Moss
  REPORT: Commissioner Sorenson noted that it was not in the community�s best interest to name a road after an organization which discriminated against gay and lesbians and that she would not support this proposed resolution.

There being no further questions or comments, the Commission proceeded to vote.
 
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
11A16  
  100655 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION DECLARING ONE 2001 DODGE PICKUP SURPLUS AND AUTHORIZING ITS DONATION TO FUNDACI�N ROCKINCHA LOS NI�OS DE LA LUZ Adopted
Resolution R-534-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A17  
  100693 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION DECLARING ONE 2000 DODGE VAN SURPLUS AND AUTHORIZING ITS DONATION TO UNIDAD OF MIAMI BEACH, INC. Adopted
Resolution R-535-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A18  
  100665 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION DECLARING ONE 1997 DODGE VAN SURPLUS AND AUTHORIZING ITS DONATION TO THE EMBRACE GIRLS FOUNDATION, INC. Adopted
Resolution R-536-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A19  
  100675 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION DECLARING MISCELLANEOUS PROPERTY SURPLUS AND AUTHORIZING ITS DONATION TO THE HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. Adopted
Resolution R-537-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded to BCC with a favorable recommendation by the Government Operations Committee  
11A20  
  100683 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE GENERAL SERVICES ADMINISTRATION FOR THE FEBRUARY 3-5, 2010 �SOS: SAVING OURSELVES � HELP FOR HAITI TELETHON� SPONSORED BY ENTERTAINMENT INDUSTRY FOUNDATION, A NOT-FOR-PROFIT ORGANIZATION, IN AN AMOUNT NOT TO EXCEED $1,500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 5 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-538-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A21  
  100685 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE GENERAL SERVICES ADMINISTRATION FOR THE MARCH 13, 2010 �BIG EVENT� SPONSORED BY BIG BROTHERS BIG SISTERS OF GREATER MIAMI, INC., A NOT-FOR-PROFIT ORGANIZATION, IN AN AMOUNT NOT TO EXCEED $500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 5 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-539-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A22  
  100682 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE JANUARY 18, 2010 �KING ZONE YOUTH AND FAMILY FESTIVAL� SPONSORED BY DR. MARTIN LUTHER KING, JR., PARADE AND FESTIVITIES COMMITTEE, INC., A NOT-FOR-PROFIT ORGANIZATION, IN AN AMOUNT NOT TO EXCEED $13,500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 3 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-540-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A23  
  100679 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Carlos A. Gimenez        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE MARCH 7, 2010 �MIAMI KIDNEY WALK 2010� SPONSORED BY NATIONAL KIDNEY FOUNDATION, INC., A NOT-FOR-PROFIT ORGANIZATION, IN AN AMOUNT NOT TO EXCEED $2,500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 7 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-541-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A24  
  100680 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE MARCH 14, 2010 �4TH ANNUAL ARTS FESTIVAL� SPONSORED BY THE TOWN OF SURFSIDE, IN AN AMOUNT NOT TO EXCEED $1,300.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 4 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-542-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A25  
  100681 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE NOVEMBER 24-25, 2009 �OJUS FAMILY PICNIC� SPONSORED BY OJUS ELEMENTARY SCHOOL, IN AN AMOUNT NOT TO EXCEED $500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 4 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-543-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A26  
  100684 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE MARCH 26, 2010 �FIELD DAY� SPONSORED BY THE HIGHLAND OAKS MIDDLE SCHOOL, IN AN AMOUNT NOT TO EXCEED $500.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 4 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-544-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A27  
  100686 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE MIAMI-DADE PARK AND RECREATION DEPARTMENT FOR THE MARCH 26, 2010 �RED/BLACK FOOTBALL GAME� EVENT SPONSORED BY THE WINSTON PARK ELEMENTARY SCHOOL, IN AN AMOUNT NOT TO EXCEED $2,130.00 TO BE FUNDED FROM THE UNSPENT BALANCE OF THE DISTRICT 10 FY 2008-09 IN-KIND RESERVE FUND Adopted
Resolution R-545-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/13/2010 Forwarded with a favorable recommendation by the Budget, Planning and Sustainability Committee  
11A28  
  101029 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING THE ALLOCATION OF UNEXPENDED DISTRICT 3 DISCRETIONARY RESERVE FUNDS, THE ALLOCATION OF OFFICE BUDGET FUNDS AND RESCINDING PRIOR ALLOCATIONS FROM DISTRICT 3 DISCRETIONARY RESERVE FUNDS Adopted
Resolution R-546-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
11A29  
  101014 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Carlos A. Gimenez        
  RESOLUTION APPROVING THE ALLOCATION OF UNEXPENDED DISTRICT DISCRETIONARY RESERVE FUNDS OF DISTRICT 7 Adopted
Resolution R-547-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
11A30  
  101013 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION APPROVING THE ALLOCATION OF UNEXPENDED DISTRICT DISCRETIONARY RESERVE FUNDS OF DISTRICT 11 Adopted
Resolution R-548-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
11A31  
  101032 Resolution     Dorrin D. Rolle        
  RESOLUTION RESCINDING PRIOR ALLOCATIONS FROM DISTRICT 2 DISCRETIONARY RESERVE FUNDS AND REALLOCATING A PORTION OF SAID FUNDS TO THE AMERICAN CANCER SOCIETY Withdrawn
  REPORT: See 11A31 Substitute  
11A31 SUBSTITUTE  
  101131 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dorrin D. Rolle        
  RESOLUTION RESCINDING PRIOR ALLOCATIONS FROM DISTRICT 2 DISCRETIONARY RESERVE FUNDS AND ALLOCATING FY 2009-10 DISTRICT 2 OFFICE FUNDS AND DISTRICT 2 DISCRETIONARY RESERVE FUNDS [SEE ORIGINAL ITEM UNDER FILE NO. 101032] Adopted
Resolution R-549-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
11A32  
  101160 Resolution     Katy Sorenson        
  RESOLUTION URGING GOVERNOR CHARLIE CRIST TO VETO HOUSE BILL 1143, AN ACT RELATING TO HEALTH CARE The motion that this item be Adopted failed
Mover: Katy Sorenson
Seconder: Audrey M. Edmonson
Vote: 6 - 7
No: Barreiro , Sosa , Gimenez , Souto , Martinez , Diaz , Seijas
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Commissioner Martinez noted he would not support this proposed resolution due to amendments which were included in this legislation.

Vice-Chairman Diaz concurred with Commissioner Martinez� sentiments on this proposed resolution.

There being no further questions or comments, the Commission proceeded to vote.

Chairman Moss requested that his vote on this proposed resolution be reflected as �Yes�.
 
11 B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  101198 Report      
  REIMBURSEMENT FROM COMMUNITY-BASED ORGANIZATION - OFFICE ACCOUNT FUNDS (DISTRICT 4) Approved
Report
Mover: Jose "Pepe" Diaz
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Rolle
  REPORT: The following funding allocations were reimbursed from Community Based Organization � District 4 Office Account Funds as requested by Commissioner Heyman.

$1,000 from Actor�s Playhouse
$400 from Dress for Success
$50 from National Council Jewish Women
$250 from OM Garden
$500 from Pelican Harbor Seabird Station
$75 from Save Dade
$95 from Sunny Isles Beach School Community Fund
$360 from Temple Israel of Greater Miami
$30 from Women�s History Coalition of Miami Dade County
 
11B2  
  101199 Report      
  ALLOCATION OF (FY) 2009/10 OFFICE ACCOUNT FUNDS (DISTRICT 4) Approved
Report
Mover: Jose "Pepe" Diaz
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Rolle
  REPORT: The following funding allocation was made from fiscal year (FY) 2009/10 District 4 Office Account Funds as requested by Commissioner Heyman.

$5,000 to Miami-Dade Parks & Recreation (Reynolds Park Event 5/16/10)
 
11B3  
  101200 Report      
  ALLOCATION OF (FY) 2008/09 CARRY-OVER OFFICE FUNDS (DISTRICT 8) Approved
Report
Mover: Jose "Pepe" Diaz
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Rolle
  REPORT: The following funding allocation was made from fiscal year (FY) 2008/09 District 8 Carry-Over Office Funds as requested by Commissioner Sorenson.

$2,000 to Safeguarding American Values for Everyone (SAVE Dade)
 
11B4  
  101201 Report      
  ALLOCATION OF (FY) 2009/10 OFFICE FUNDS (DISTRICT 10) Approved
Report
Mover: Jose "Pepe" Diaz
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Rolle
  REPORT: The following funding allocation was made from fiscal year (FY) 2009/10 District 10 Office Funds as requested by Commissioner Souto.

$2,000 to March of Dimes
 
11B5  
  101202 Report      
  ALLOCATION OF (FY) 2009/10 OFFICE BUDGET FUNDS (DISTRICT 12) Approved
Report
Mover: Jose "Pepe" Diaz
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Rolle
  REPORT: The following funding allocations were made from fiscal year (FY) 2009/10 District 12 Office Budget Funds as requested by Vice-Chairman Diaz.

$3,429 to Reimburse purchasing card expenses for Mother & Father�s day elderly celebration
$1,000 to PROFUNDA
$2,000 to Dan Marino Foundation
$1,000 to Americas People Alliance
$14,540 to Village of Virginia Gardens

For the record, Vice-Chairman Diaz asked to rescind the following allocations made on April 6, 2010:
$5,000 to the American Cancer Society c/o City of Doral Relay for Life
$1,500 to the Cuban American Veterans Association
$18,889 to the Miami Dade Police Department (Trailer & ATVs)
 
12 COUNTY MANAGER  
12A1  
  100811 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE EXECUTION OF RETROACTIVE CONTRACT IN THE AMOUNT OF $1,863,767 WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR THE PURPOSE OF MEETING PUBLIC HEALTH NEEDS OF THE CITIZENS OF MIAMI-DADE COUNTY AND AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE, TO EXERCISE THE AMENDMENT, RENEWAL, MODIFICATION, CANCELLATION, AND TERMINATION PROVISIONS THEREIN, TO EXECUTE FUTURE AGREEMENTS FOR, AND APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE UNDER THIS PROGRAM FOR THIS PURPOSE(County Manager) Adopted
Resolution R-460-10
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: Note: During consideration of the changes to today�s (5/04) agenda, the Board corrected a scrivener�s error existing in the title of this resolution to delete the word �execute� and to replace it with �executive.�  
  4/15/2010 Forwarded to BCC with a favorable recommendation by the Health, Public Safety & Intergovernmental Cmte  
12B1  
  100728 Report      
  PEOPLE�S TRANSPORTATION PLAN 90-DAY REPORT 1ST QUARTER FISCAL YEAR 2009-2010(County Manager) Accepted
Report
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
  4/14/2010 Report Received by the Transit, Infrastructure & Roads Committee  
12B2  
  100895 Report      
  NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1) REPORT - APRIL 2010(County Manager) Withdrawn
  4/14/2010 Report Received by the Housing & Community Development Committee  
12B3  
  100611 Report      
  FOLLOW UP REPORT ON THE RECLASSIFICATION OF CERTAIN COUNTY ORDINANCES(County Manager) Withdrawn
13 COUNTY ATTORNEY  
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  101135 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2008-2011 AMENDED COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE PUBLIC HEALTH TRUST AND THE HEALTH CARE PROFESSIONALS, SEIU, LOCAL 1991(Public Health Trust) Adopted
Resolution R-550-10
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 10 - 2
No: Gimenez , Martinez
Absent: Barreiro
  REPORT: Commissioner Martinez questioned the budget impact of these collective bargaining items should the 4-Day Rule be invoked.

County Manager George Burgess responded that the collective bargaining agreements represented approximately $1 million weekly or $2 million per pay period.

Chairman Moss asked that these Items be considered later and that the 4-Day Rule not be invoked at this time.

Commissioner Martinez noted he would not invoke the 4-Day Rule at this time.

Later in the meeting, Commissioner Sosa noted that Chairman Moss requested that all items relating to Jackson Memorial Hospital would be considered in a Special Meeting.

Vice-Chairman Diaz noted that all items related to Jackson Memorial Hospital would be considered during the Special Meeting to be held later today (5/04) at 3:00 p.m.

Commissioner Martinez questioned the impact of invoking the 4-Day Rule on the budget.

County Manger Burgess responded the impact was $2 million per pay period. He noted that union agreements had been executed by the bargaining units and the Public Health Trust (PHT). Manager Burgess said the agreements included language that the unions would accept the cost of living provisions negotiated for County employees. He noted the five-percent contribution to the health program negotiated for County employees was not contemplated in the language for PHT employees. Manager Burgess noted that three Service Employees International Union (SEIU) and one American Federation of State County and Municipal Employees (AFSCME) unions had agreed to open contracts and agreed to concessions beyond those in their executed contracts, representing significant savings for the hospital. He said the annualized benefit was approximately $20 million.

Commissioner Martinez noted the proposed resolutions were very important items and the Commission had only received them yesterday (5/03) at 5:30 p.m. He said it would be unfair to make quick decisions on these items without adequate time to fully understand them and he was contemplating executing the 4-Day Rule.

Vice-Chairman Diaz concurred that limited time was given to review these items; however, he noted the importance of proceeding with today�s (5/04) meeting and to address the collective bargaining agreements at the Special Meeting.

Later in the meeting, County Attorney Robert Cuevas inquired whether Chairman Moss intended that collective bargaining agreements be considered at the Special Meeting or at today�s (5/04) meeting.

Chairman Moss said these agreements would be considered today (5/04) and were scheduled in the afternoon to allow County Commissioners an opportunity to review them.

Commissioner Sosa questioned whether the unions and the Public Health Trust (PHT) had ratified the collective bargaining agreements and whether these agreements were consistent with the agreements for County employees.

County Manager Burgess responded that agreements had been ratified by the unions and approved by the PHT. He noted the items contained in the agreements were significantly similar to those for County employees. Manager Burgess said that nurses had other provisions in their agreement such as shared savings incentives and had agreed to the suspension of premium pay for one year; however, this was conditioned upon AFSCME�s agreement. He noted that AFSCME did not accept the premium pay suspension and was not obligated to accept this condition since they already had executed contracts.

Manager Burgess said that all other provisions of County contracts were honored in the nurses, SEIU and AFSCME agreements, with the exception of premium pay suspension.

Commissioner Martinez questioned whether any other County employees lost premium pay.

In response to Commissioner Martinez� inquiry, County Manager Burgess said that all County employee units had agreed to the suspension of premium pay for one year, with the exception of the Water and Sewer AFSCME unit which was in impasse. He further responded that the suspension of premium pay was proposed by the County Commission in order to buy back other services.

Commissioner Martinez inquired whether the �me too� clause was applicable in this instance with an ongoing contract.

Assistant County Attorney Eric Rodriguez responded that the �me too� clause did not apply to an ongoing contract; however, because the union agreed to return and reopen their contract, the provision applied. He noted that paragraph 2 of the SEIU tentative agreement required equitable concessions with other units as part of the bargain to reopen negotiations.

County Manger Burgess noted the PHT laid out its position and obtained agreement on most provisions; however, was not able to obtain AFSCME�s agreement to the premium pay suspension. He said the �me too� provision was used to promote the reopening of negotiations.

Commissioner Martinez questioned whether the refusal to accept the $50 premium pay suspension needed to be granted to other unions.

County Manager Burgess responded that the suspension would not apply to the other unions.

Commissioner Martinez noted that all employees were being treated differently and agreements were worded in a manner that the �me too� clause would not apply to anybody else. He further noted that some employees took days without pay and others took pay reductions.

Mayor Carlos Alvarez responded that there were specific differences between bargaining units. He noted that SEIU had agreed to the premium pay suspension; that AFSME refused to accept this concession; and as a result, SEIU would keep the $50 premium pay.

Commissioner Gimenez questioned whether there was any linkage between these contracts and those for the County�s labor unions.

County Manger Burgess responded there were no connections or carry-overs of these provisions to County contracts. He said that County contracts did not contain any �me to� connections with the Jackson contracts.

Commissioner Gimenez inquired about the duration of the premium pay suspension and pay supplement provisions contained in these contracts.

County Manager Burgess responded that the premium pay suspension would have been a one year suspension and the merit pay and longevity pay suspensions were for a one year period. He noted the five-percent pay reduction would need to be negotiated away to change. Manager Burgess said that flex benefits was forgone for 15 months with the additional three months contributions being placed into a dedicated account for employees to contribute to Jackson�s bottom line.

Commissioner Gimenez questioned whether contracts contained a three-percent salary increase provision.

In response to Commissioner Gimenez� inquiry, County Manager Burgess said that next year was the last year of the three year contract; that it contained a 0-0-3 provision; and contained the same provisions as the County contracts. He noted that negotiations would begin within the next six to eight months with organized labor to negotiate a new contract.

Commissioner Gimenez noted he would not be voting in favor of this proposed resolution.

Commissioner Jordan questioned whether the agreement included provisions that employees facing workforce reductions would be included in the bumping process for previously held civil service positions.

County Manager Burgess responded that Jackson employees who would be impacted by layoffs do not bump over to the County and County employees do not bump to Jackson. He noted that the PHT had bumping provisions which were similar to the County�s but was uncertain whether they mirrored the County�s provisions.

Mr. David Small, Chief Operating Officer, Jackson Health System, noted the bumping provisions were similar to the County�s provisions but they were not exactly the same. He said PHT employees could bump within units but do not cross unions.

Commissioner Jordan clarified her understanding that PHT employees could bump within the union of which the employee was a member.

Commissioner Rolle noted concerns over possible instances where bumping might not be occurring as per the provisions as indicated by Mr. Small and would like specific cases to be brought to his attention later.

Chairman Moss requested that Commissioner Rolle request this information from the PHT as a member of that Board.

There being no further questions or comments, the Commission proceeded to vote.
 
14A2  
  101138 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2008-2011 AMENDED COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE PUBLIC HEALTH TRUST AND AFSCME, LOCAL 1363(Public Health Trust) Adopted
Resolution R-551-10
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 10 - 2
No: Gimenez , Martinez
Absent: Barreiro
  REPORT: See Item 14A1; Legislative File No. 101135.  
14A3  
  101139 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2008-2011 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE PUBLIC HEALTH TRUST AND THE ATTENDING PHYSICIANS, SEIU, LOCAL 1991(Public Health Trust) Adopted
Resolution R-552-10
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 10 - 2
No: Gimenez , Martinez
Absent: Barreiro
  REPORT: See Item 14A1; Legislative File No. 101135.  
14A4  
  101134 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND RATIFYING EXECUTION OF THE 2008-2011 AMENDED COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE PUBLIC HEALTH TRUST AND THE REGISTERED NURSES, SEIU, LOCAL 1991(Public Health Trust) Adopted
Resolution R-553-10
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 10 - 2
No: Gimenez , Martinez
Absent: Barreiro
  REPORT: See Item 14A1; Legislative File No. 101135.  
14A5  
  101118 Resolution   Rebeca Sosa
Jose "Pepe" Diaz
Sally A. Heyman
Barbara J. Jordan
Dennis C. Moss
Dorrin D. Rolle
Katy Sorenson
       
  RESOLUTION OPPOSING THE STATE OF ARIZONA�S RECENTLY ADOPTED LAW (SENATE BILL 1070) RELATING TO THE ENFORCEMENT OF UNITED STATES IMMIGRATION LAWS; REQUIRING, AMONG OTHER THINGS, THAT ALIENS AT ALL TIMES CARRY AN ALIEN REGISTRATION DOCUMENT AND PROVIDING LAW ENFORCEMENT OFFICERS WITH THE RIGHT TO DETERMINE THE IMMIGRATION STATUS OF AN INDIVIDUAL UPON �REASONABLE SUSPICION� THAT SUCH PERSON IS AN ILLEGAL ALIEN; AND URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO EXPEDITIOUSLY REFORM THE NATION�S IMMIGRATION POLICY TO PROVIDE FOR UNIFORM IMMIGRATION LAWS Amended
  REPORT: See Item 14A5 AMENDED; Legislative File No. 101464.  
14A5 AMENDED  
  101464 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Jose "Pepe" Diaz
Sally A. Heyman
Barbara J. Jordan
Dennis C. Moss
Dorrin D. Rolle
Katy Sorenson
       
  RESOLUTION OPPOSING THE STATE OF ARIZONA�S RECENTLY ADOPTED LAW (SENATE BILL 1070) RELATING TO THE ENFORCEMENT OF UNITED STATES IMMIGRATION LAWS; REQUIRING, AMONG OTHER THINGS, THAT ALIENS AT ALL TIMES CARRY AN ALIEN REGISTRATION DOCUMENT AND PROVIDING LAW ENFORCEMENT OFFICERS WITH THE RIGHT TO DETERMINE THE IMMIGRATION STATUS OF AN INDIVIDUAL UPON ''REASONABLE SUSPICION'' THAT SUCH PERSON IS AN ILLEGAL ALIEN; AND URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO EXPEDITIOUSLY REFORM THE NATION�S IMMIGRATION POLICY TO PROVIDE FOR UNIFORM IMMIGRATION LAWS (SEE ORIGINAL ITEM UNDER FILE NO. 101118) Adopted as amended
Resolution R-554-10
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Martinez
  REPORT: Assistant County Attorney Martin Sybllis read the following amendments into the record as requested by Commissioner Sorenson: 1) that language be added to the end of Section 1 on handwritten page 4: �That this Board also urges the Arizona State Legislature to immediately repeal Senate Bill 1070�; and 2) that language be added to Section 2 on handwritten page 4: �That the Clerk of the Board is also asked to transmit a certified copy of this resolution to Arizona Governor Jan Brewer, Arizona Senate President Robert Burns, and Arizona Speaker of the House Kirk Adams".

Commissioner Barreiro noted that the State of Arizona legislation would hopefully encourage the United States Congress to address the immigration issue.

Vice-Chairman Diaz noted his efforts on behalf of children born in the United States whose immigrant parents were removed from this County. He said that although immigration laws were necessary, he disagreed with the State of Arizona�s method of targeting a specific group of people.

Commissioner Jordan noted the State of Arizona legislation was unjust, inhumane, profiling, anti-immigrant, and anti-people. She expressed her desire that the United States Congress establish uniform immigration laws.

Commissioner Sosa noted that serious immigration reform was needed. She also noted that diversity was respected in Miami-Dade County and her opposition to the methods being adopted in Arizona.

It was moved by Commissioner Sosa that this proposed resolution be adopted as amended to incorporate the amendments read into the record by Assistant County Attorney Martin Sybllis. The motion was seconded by Vice-Chairman Diaz and upon being put to a vote, passed by a vote of 12-0 (Commissioner Martinez was absent).
 
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  101064 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON MAY 4, 2010(Clerk of the Board) Approved
Report
Mover: Dorrin D. Rolle
Seconder: Dennis C. Moss
Vote: 11 - 0
Absent: Heyman , Diaz
16 ITEMS SCHEDULED FOR THURSDAY  
16A SPECIAL PRESENTATIONS (Scheduled for 8:00 am)  
16A1  
  101009 Proclamation     Sally A. Heyman        
  PRESENTATION OF A PROCLAMATION DECLARING MAY 2-8, 2010 AS ''NATIONAL CORRECTIONAL OFFICER AND EMPLOYEES WEEK'' Presented
  REPORT: Commissioner Sosa presented a proclamation on behalf of Commissioner Heyman in recognition of �National Correctional Officer and Employees Week.� She noted that 2,700 Correctional Officers and employees provided daily care and custody for inmates detained in Miami-Dade County correctional facilities.  
16A2  
  101056 Proclamation     Carlos A. Gimenez        
  PRESENTATION OF A PROCLAMATION TO MIAMI-DADE WATER AND SEWER DEPARTMENT HONORING NATIONAL DRINKING WATER WEEK
16A3  
  101057 Proclamation     Carlos A. Gimenez        
  PRESENTATION OF A PROCLAMATION TO SOUTH FLORIDA WATER MANAGEMENT HONORING WATER REUSE WEEK
16A4  
  101122 Service Awards     Dennis C. Moss        
  PRESENTATION OF EMPLOYEE SERVICE AWARDS: SANTIAGO A. CASTRO - HOUSING AGENCY - 30 YRS. CONSUELO LIRIANO - LIBRARY - 30 YRS. EDWINA L. PACE - LIBRARY - 30 YRS. GRACE D. ROTGER - LIBRARY - 30 YRS. CAROLYN BROWN - WATER & SEWER DEPT. - 30 YRS. HERRICK B. COOPER - WATER & SEWER DEPT. - 35 YRS. ARMANDO FRAGA - WATER & SEWER DEPT. - 30 YRS. BOBBIE A. HEARN - WATER & SEWER DEPT. - 35 YRS. ARMANDO J. REGALADO -WATER & SEWER DEPT-30 YRS. VERONICA MCZEAL - LIBRARY - 30 YRS.
16B ZONING AGENDA (Scheduled for 9:30 a. m.)  
16B1  
  102889 Report      
  NON-AGENDA REPORT ITEM FOR THE MAY 4, 2010 BCC REGULAR MEETING
  REPORT: Commissioner Edmonson welcomed members of the 100 Black Men Positive Youth Development Program from Brownsville Middle School attending today�s (5/04) County Commission meeting to observe local government in action. She explained the County Commissioners� role was to establish policies and to provide services to County residents. Commissioner Edmonson acknowledged Mr. Willy Bell, Mr. Brian Fabers, and Mr. Ron Beil for their diligent leadership of this organization. She noted the Program promoted manhood, excellence and responsibility. Commissioner Edmonson spoke about the importance to give back to the community and noted these young men were the future of our community. She encouraged each participant to perform well in school and to fully develop their inquiring minds.

Commissioner Jordan noted that these young men cared about their futures and were setting an example for others. She congratulated them for their academic excellence, their positive attitudes, and the determination to improve their lives. Commissioner Jordan encouraged them to stand up for their beliefs; to continue doing the right thing; and to respect their parents and adult leaders.

Commissioner Edmonson noted that students from Carol City and North Dade Middle School�s programs would also be participating in today�s (5/04) meeting. She said that all these young men had excelled in academics, conduct, and community service. Commissioner Edmonson acknowledged them for showing an interest in government�s role in developing policies for the community. Commissioner Edmonson recognized Ms. Williamson, a teacher at Brownsville Middle School for her commitment toward these children.
 
19 ADJOURNMENT  
  REPORT: It was moved by Commissioner Sosa to adjourn today�s (5/04) meeting at 5:43 p.m. This motion was seconded by Vice-Chairman Diaz, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Rolle was absent).  
3 CONSENT AGENDA  


4/3/2026       Agenda Key: 2894

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