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MINUTES PREPARED BY:
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REPORT:
Alan Eisenberg, Commission Reporter
(305) 375-2510
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1A
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ROLL CALL
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REPORT:
Chairman Martinez called the meeting to order at 10:29 a.m.
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1B
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MOMENT OF SILENCE
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REPORT:
The Board convened in a moment of silence, followed by the Pledge of Allegiance
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1C
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PLEDGE OF ALLEGIANCE
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1D
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SPECIAL PRESENTATIONS
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1D1
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110248
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Special Presentation
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Sally A. Heyman
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PRESENTATION OF A CERTIFICATE OF APPRECIATION TO MR. SUBRATA BASU FOR HIS SERVICE WITH MIAMI-DADE COUNTY AND SERVING AS AN APPOINTEE TO THE ASIAN BOARD
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Presented
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REPORT:
Commissioner Heyman presented a Certificate of Appreciation to Mr. Subrata Basu for serving the community and making a career out of public service. She noted Mr. Basu was a Department of Planning and Zoning employee and a member of the Asian Board who was now leaving the County to join the Peace Corp.
Commissioner Jordan noted Mr. Basu always identified the issues needing to be addressed as well as presented workable solutions.
Mayor Carlos Alvarez said Mr. Basu was an example of the excellent work County employees performed.
County Manager George Burgess noted Mr. Basu was now following his dream. He said that Mr. Basu was a planner�s planner and performed his duties out of love.
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1D2
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110252
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Special Presentation
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Barbara J. Jordan
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SPECIAL PRESENTATION TO MR. MARK BROWN
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Presented
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REPORT:
Commissioner Jordan presented a commendation to Mr. Mark Brown for his bravery, unselfishness and commitment to Miami-Dade County residents. She noted Mr. Brown was the good Samaritan who crashed his pickup truck into another vehicle, which moments earlier hit two pedestrians at a bus stop. Commissioner Jordan said Mr. Brown was a true, long-term County employee, who delivered excellence every day whether he was on or off the job.
Mr. James Loftus, Director, Miami-Dade Police Department, said that Mr. Brown both apprehended and protected the suspect from a gathering crowd upset about the incident. He said this was an extraordinary action by someone dedicated to doing the right thing.
County Mayor Carlos Alvarez noted the key to effective law enforcement was through citizen involvement. He congratulated Mr. Brown for his truly courageous action.
Commissioner Gimenez thanked Mr. Brown for the brave and civic action he took by risking his own life to save the lives of others.
Commissioner Seijas noted that Miami-Dade County was the best County in the world because of Mr. Brown. She said that Mr. Brown deserved the Medal of Valor and suggested that this distinction be considered in future recognitions.
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1D3
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110304
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Resolution of Sympathy
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Sen. Javier D. Souto
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PRESENTATION OF SYMPATHY RESOLUTION TO THE FAMILY OF THE LATE AMADEO LOPEZ-CASTRO
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Presented
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REPORT:
Commissioner Souto presented a sympathy resolution to the family of the late Amadeo Lopez-Castro, noting his dedication to the community as Chairman of the Public Health Trust.
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1D4
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110321
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Special Presentation
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Natacha Seijas
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A DAY IN REMEMBRANCE OF ORLANDO ZAPATA TAMAYO
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Presented
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REPORT:
Commissioner Seijas noted Orlando Zapata Tamayo died one year ago from a hunger strike fighting for the release, respect and humane treatment of prisoners from a Cuban dictatorship.
Mayor Carlos Alvarez said Mr. Tamayo gave his life in the pursuit of freedom and this proclamation would honor his memory.
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1D5
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110352
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Special Presentation
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Joe A. Martinez
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PRESENTATION OF A PROCLAMATION DECLARING BORINQUEN HEALTH CARE CENTER, INC. DAY
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Presented
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REPORT:
Commissioner Edmonson presented a proclamation to the Borinquen Health Care Center, Inc. in recognition of providing medical services to County residents who could not otherwise afford medical care.
Chairman Martinez said that Borinquen was a Federally Qualified Health Care Center providing medical services to members of the community without insurance.
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1E
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CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)
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1F
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REPORTS OF OFFICIAL BOARDS
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1F1
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110030
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Report
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SUNSET REVIEW OF COUNTY BOARDS FOR 2011 - LIVING WAGE COMMISSION
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Accepted
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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1/11/2011
Report Received by the Internal Mgmt. & Fiscal Responsibility Committee
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1G
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MOTION TO SET THE AGENDA AND "PULL LIST"
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REPORT:
First Assistant County Attorney Abigail Price-Williams noted that in addition to the County Manager�s Memorandum entitled �Changes for the February 15, 2011 BCC Meeting,� Commissioner Heyman asked to be added as a pulling commissioner to Item 8F1A; that the Procurement Management Department asked to add Item 801B to the pull list for an amendment; and that Item 11A7 Substitute was being added to today�s (02/15) agenda.
First Assistant County Attorney Price-Williams stated the items to be considered at today�s (02/15) 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 for the February 15, 2011 BCC Meeting,� and the aforementioned items. The Commission would approve all of those items by single vote, setting the agenda, except for items 6B1 and 6B2 specifically set by the Chairman�s Order of the Day which would be heard prior to the adjournment of today�s (02/15) meeting, ordinances on first reading, public hearings, policy matters for discussion under Section 6B, items subject to the 4-Day Rule under Section 14, ordinances on second reading, and the following Pull list Items: 8F1A, 8O1A, 801B, 8R1A, 8R1A Supplement 1, 8R1A Supplement 2, 11A2, 11A5, 11A7 Substitute, 11A9, 14A1, 14B1, 15A1 and 15B3.
It was moved by Commissioner Sosa that the County Manager�s Memorandum entitled �Changes for the February 15, 2011 BCC Meeting,� be approved with the additional changes noted by First Assistant County Attorney Price-Williams. This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed by a vote of 12-0, (Commissioner Moss was absent).
Commissioner Seijas asked that Item 14B1 be 4-Day Ruled and Commissioner Edmonson asked to be listed as a co-sponsor to Item 11A8.
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1H
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OFFICE OF COMMISSION AUDITOR
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1H1
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110268
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Report
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APPROVAL OF QUARTERLY REPORT - BOARD DIRECTIVES(Commission Auditor)
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Accepted
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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1I
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OFFICE OF INTERGOVERNMENTAL AFFAIRS
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2
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MAYORAL ISSUES
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2A
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MAYORAL VETOES
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2B
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MAYORAL REPORTS
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2B1
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110350
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Report
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Mayor
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APPROVAL OF DEPARTMENTAL AGENDA ITEMS
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Accepted
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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2C
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OTHER ISSUES
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2C1
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110328
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Special Presentation
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Mayor
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GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD FOR EXCELLENCE IN FINANCIAL REPORTING TO THE SEAPORT DEPARTMENT
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Presented
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REPORT:
Mayor Carlos Alvarez noted that a Certificate for Excellence in Financial Reporting had been awarded to the Seaport Department by the Government Finance Officers Association of the United States and Canada in recognition of the Department�s comprehensive annual financial report for the fiscal year ending September 30, 2009. He said this Certificate was the highest recognition in the area of governmental accounting and financial reporting and its attainment represented a significant accomplishment by a government and its management. Mayor Alvarez congratulated Mr. Bill Johnson, Director, Port of Miami, and his staff on this achievement.
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3
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CONSENT ITEMS
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4
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ORDINANCES FOR FIRST READING
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4A
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110152
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Ordinance
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ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS CASA MATIAS MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works Department)
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Adopted on first reading
Public Hearing:
March 15, 2011
Ordinance 11-12
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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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 County Commission on March 15, 2011.
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4B
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110257
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Ordinance
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Bruno A. Barreiro
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ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO SPECIFY CIRCUMSTANCES WHEN ITEMS CONSIDERED AT A COMMITTEE MEETING ARE LAID ON THE TABLE AND PRECLUDE RECONSIDERATION OF SUCH ITEMS; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
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4C
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110234
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Ordinance
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Sen. Javier D. Souto
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ORDINANCE AMENDING CHAPTER 25A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO COMMITTEE DELIBERATIONS, FUNDING OF FOUNDATIONS AND NON-PROFIT ENTITIES, APPROVAL OF BUDGET REQUESTS AND SUBMISSION OF REPORTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Sen. Javier D. Souto
Seconder: Audrey M. Edmonson
Vote: 12 - 1
No: Seijas
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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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
(Note: See the March 15, 2011 BCC meeting; Legistar Key No. 3031; Non-Agenda Items Report; Legislative File No. 110605.)
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4D
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110162
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Ordinance
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Audrey M. Edmonson
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ORDINANCE AMENDING SECTION 24-43.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO SEWAGE FLOWS FOR SANITARY SEWERS AND THE MAXIMUM ALLOWABLE SEPTIC TANK SEWAGE LOADING REQUIREMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SUBSTITUTE ITEM 111193)(Department of Environmental Resources Management)
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Adopted on first reading
Public Hearing:
April 13, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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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 Infrastructure and Land Use Committee on April 13, 2011.
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1/28/2011
Requires Municipal Notification by the Board of County Commissioners
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4E
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110188
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Ordinance
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ORDINANCE APPROVING AND ADOPTING END OF YEAR SUPPLEMENTAL BUDGET ADJUSTMENTS FOR FY 2009-10 FOR VARIOUS COUNTY DEPARTMENTS AND FUNDS; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER BOARD ACTIONS WHICH SET CHARGES; APPROPRIATING GRANT FUNDS; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 3(I)](Office of Strategic Business Management)
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
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4F
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110190
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Ordinance
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ORDINANCE PERTAINING TO THE COMMUNITY BUSINESS ENTERPRISE (''CBE-A/E'') PROGRAM FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, ENGINEERING, AND SURVEYING AND MAPPING PROFESSIONAL SERVICES; AMENDING SECTION 2-10.4.01 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 2(K)](Department of Small Business Development)
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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REPORT:
First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.
During consideration of changes to today's agenda, it was moved by Commissioner that the Board approve the foregoing proposed ordinance to correct a scrivener�s error existing in the first sentence on handwritten page 2 of the County Manager�s memorandum, dated February 15, 2011 to read as follows: �The proposed amendments have been reviewed with members of the Board of County Commissioners and/or their staffs, Small Business Advisory Boards, and other small business programs stakeholders.�
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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
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4G
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110192
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Ordinance
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ORDINANCE PERTAINING TO COMMUNITY SMALL BUSINESS ENTERPRISE (''CSBE'') PROGRAM; AMENDING SECTION 10-33.02 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 2(J)](Department of Small Business Development)
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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REPORT:
First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.
During consideration of changes to today's agenda, it was moved by Commissioner Sosa that the Board correct a scrivener�s error existing in the first sentence on handwritten page 2 of the County Manager�s memorandum, dated February 15, 2011 to read as follows: �The proposed amendments have been reviewed with members of the Board of County Commissioners and/or their staffs, Small Business Advisory Boards, and other small business programs stakeholders.� This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Moss was absent).
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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
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4H
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110195
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Ordinance
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ORDINANCE PERTAINING TO THE SMALL BUSINESS ENTERPRISE (''SBE'') PROGRAM FOR THE PURCHASE OF GOODS AND SERVICES; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PROVIDING SERVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 2(L)](Department of Small Business Development)
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Adopted on first reading
Public Hearing:
March 8, 2011
Ordinance
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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REPORT:
First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.
During consideration of changes to today's agenda, it was moved by Commissioner Sosa that the Board correct a scrivener�s error existing in the first sentence on handwritten page 2 of the County Manager�s memorandum, dated February 15, 2011 to read as follows: �The proposed amendments have been reviewed with members of the Board of County Commissioners and/or their staffs, Small Business Advisory Boards, and other small business programs stakeholders.� This motion was seconded by Commissioner Gimenez, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Moss was absent).
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 Internal Management and Fiscal Responsibility Committee on March 8, 2011.
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4I
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110194
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Ordinance
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ORDINANCE REVISING ZONING AND OTHER LAND DEVELOPMENT REGULATIONS PERTAINING TO THE PERRINE COMMUNITY URBAN CENTER DISTRICT (''PERRINE REGULATIONS''), AMENDING SECTIONS 33-284.99.8 AND 33-284.99.9, CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE''), PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE(Department of Planning & Zoning)
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Adopted on first reading
Public Hearing:
March 9, 2011
Ordinance 11-30
Mover: Lynda Bell
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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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 Infrastructure and Land Use Committee on March 9, 2011.
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5
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PUBLIC HEARINGS (Scheduled for 9:30 a.m.)
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5A
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110028
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Resolution
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RESOLUTION AUTHORIZING THE SALE OF TWO (2) SINGLE FAMILY HOMES AS AFFORDABLE HOUSING UNITS; AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO SET A PRICE BASED ON A BONA-FIDE APPRAISAL WITH A MAXIMUM PURCHASE PRICE OF $205,000 AND MAKE SUCH UNITS AVAILABLE TO THE LIST OF PRE-QUALIFIED HOME BUYERS MAINTAINED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD); AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE ANY NECESSARY AGREEMENTS AFTER APPROVAL BY THE COUNTY ATTORNEY�S OFFICE; AND REVISING THE INVENTORY LIST OF AFFORDABLE HOUSING SITES TO INCLUDE SUCH TWO SINGLE FAMILY HOMES; APPLYING THE AFFORDABILITY CONTROLS OF THE INFILL PROGRAM AS SET FORTH IN AO 3-44; THE MAYOR OR THE MAYOR�S DESIGNEE SHALL RECORD IN THE PUBLIC RECORD ALL EXECUTED DEEDS, MORTGAGES, COVENANTS OR ANY DOCUMENTS CREATING OR RESERVING A REAL PROPERTY INTEREST IN FAVOR OF THE COUNTY; THE MAYOR OR THE MAYOR�S DESIGNEE SHALL PROVIDE COPIES OF ALL RECORDED DOCUMENTS TO THE CLERK OF THE BOARD WITHIN THIRTY DAYS OF EXECUTION; AND DIRECTING THE CLERK OF THE BOARD TO ATTACH AND PERMANENTLY STORE A RECORDED COPY OF ANY INSTRUMENT PROVIDED IN ACCORDANCE HEREWITH TOGETHER WITH THIS RESOLUTION [SEE AMENDED ITEM UNDER FILE NO. 110436](Department of Housing and Community Development)
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Amended
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REPORT:
(See Agenda Item 5A AMENDED, Legislative File Number 110436)
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1/12/2011
Forwarded to BCC with a favorable recommendation by the Economic Development & Social Services Committee
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2/1/2011
Deferred by the Board of County Commissioners
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5A AMENDED
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110436
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Resolution
 Clerk's Official Copy
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RESOLUTION AUTHORIZING THE SALE OF ONE (1) SINGLE FAMILY HOME AS AFFORDABLE HOUSING UNIT; AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO SET A PRICE BASED ON A BONA-FIDE APPRAISAL WITH A MAXIMUM PURCHASE PRICE OF $205,000 AND MAKE SUCH UNIT AVAILABLE TO THE LIST OF PRE-QUALIFIED HOME BUYERS MAINTAINED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD); AUTHORIZING THE MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE ANY NECESSARY AGREEMENTS AFTER APPROVAL BY THE COUNTY ATTORNEY�S OFFICE; AND REVISING THE INVENTORY LIST OF AFFORDABLE HOUSING SITES TO INCLUDE SUCH ONE SINGLE FAMILY HOME; APPLYING THE AFFORDABILITY CONTROLS OF THE INFILL PROGRAM AS SET FORTH IN AO 3-44; THE MAYOR OR THE MAYOR�S DESIGNEE SHALL RECORD IN THE PUBLIC RECORD ALL EXECUTED DEEDS, MORTGAGES, COVENANTS OR ANY DOCUMENTS CREATING OR RESERVING A REAL PROPERTY INTEREST IN FAVOR OF THE COUNTY; THE MAYOR OR THE MAYOR�S DESIGNEE SHALL PROVIDE COPIES OF ALL RECORDED DOCUMENTS TO THE CLERK OF THE BOARD WITHIN THIRTY DAYS OF EXECUTION; AND DIRECTING THE CLERK OF THE BOARD TO ATTACH AND PERMANENTLY STORE A RECORDED COPY OF ANY INSTRUMENT PROVIDED IN ACCORDANCE HEREWITH TOGETHER WITH THIS RESOLUTION [SEE ORIGINAL ITEM UNDER FILE NO. 110028](Department of Housing and Community Development)
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Adopted as amended
Resolution R-110-11
Mover: Audrey M. Edmonson
Seconder: Carlos A. Gimenez
Vote: 13 - 0
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REPORT:
First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.
Mr. Howard Piper, Special Assistant to the County Manager, read amendments to this proposed resolution into the record.
Chairman Martinez clarified that the only property being sold was located in District 3.
Chairman Martinez opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one wishing to speak, Chairman Martinez closed the public hearing.
There being no further questions or comments, the Commission proceeded to vote.
The foregoing proposed resolution was adopted as amended to delete the property located at 3360 NW 208 Street and to change all references of �two properties� to �one property.�
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6
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CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
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6A
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RESOLUTIONS
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6B
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POLICY MATTERS FOR DISCUSSION BY THE BOARD
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6B1
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110339
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Discussion Item
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Barbara J. Jordan
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YOUTH COMMISSION UPDATE
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Presented
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REPORT:
Commissioner Jordan noted that an update of the Youth Commission was needed as the Swearing in Ceremony needed to be scheduled.
Ms. Wanda Finnie, Special Projects Administrator, Juvenile Assessment Center, recalled that the Board of County Commissioners (BCC) agreed in June 2010 that each District Commissioner would appoint a District liaison to the Juvenile Services Department (JSD) to facilitate the Youth Commission. She said that the Savannah, GA, Youth Commission Director then conducted a full day orientation for the JSD, County and community personnel and District liaisons. Ms. Finnie stated that pursuant to the Ordinance creating the Youth Commission, in June 2010, Miami-Dade Public Schools recommended one child from each secondary school. She informed members of the Board that two orientation sessions informing students and their families about the Youth Commission and its responsibilities were held in August 2010.
Ms. Finnie advised members of the Commission that the JSD�s Teen Court and the District liaisons developed a procedure enabling each Commission District to be responsible for selecting students from private and parochial schools. She pointed out that the JSD was not involved in the Youth Commission recommendations or appointment process; however, it remained available to assist the BCC and would administer the Youth Commission process after appointments were made. Ms. Finnie noted that BCC members had worked diligently to ensure that quality students were appointed to the Youth Commission. She said that approximately 70 percent of BCC members had already made their student selections and that she would provide the BCC with a memorandum detailing the process.
Commissioner Seijas expressed her concern about being excluded from the selection, appointment and orientation process.
Ms. Finnie responded that the January 2010 ordinance made it clear that the Youth Commission recommendations were to be received from the Miami-Dade Public Schools. She said the JSD was not involved in the appointment process and that the orientation provided an overview of the Youth Commission and addressed specific questions. Ms. Finney explained that after the orientation, packets were compiled and hand delivered to each County Commissioner without any JSD recommendation. She added that the BCC had the prerogative to select the 37 students recommended by Miami-Dade Public Schools or to make any other selections deemed appropriate.
Commissioner Jordan stressed that the Miami-Dade Public School System and its Superintendent were in the best position to recommend students to the Youth Commission. She said that County Commissioners would then identify and select parochial school representatives. Commissioner Jordan asked Mr. Morris Copeland, Director, Juvenile Services Department, to meet with Commissioner Seijas and any other interested commissioner(s) to resolve their concerns regarding appointments to the Youth Commission. In addition, she asked Mr. Copeland to work with commissioners to ensure that the remaining 30 percent of the appointments were made in a timely manner to enable all members to participate in the swearing-in ceremony on March 15, 2011.
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6B2
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110354
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Discussion Item
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Dennis C. Moss
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MIAMI INTERNATIONAL AEROSPACE SHOW
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Presented
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REPORT:
Commissioner Moss indicated that the Miami International Aerospace (MIA) Show would have a significant impact on the community. He said that the Board had previously unanimously voted to allocate resources to proceed with the MIA Show.
Commissioner Moss asked County Manager George Burgess to work with the representatives of the Beacon Council to complete the feasibility study and to determine the infrastructure improvements needed to host the MIA Show in November 2012.
County Manager George Burgess said that the Beacon Council attempted to obtain grant funding to identify and assess the costs for infrastructure improvements. He stated that the Administration and the Beacon Council were proceeding with preparations for the show and he believed that the County could perform the required infrastructure study internally.
Mr. Frank Nero, President and CEO, Beacon Council, indicated that funding to cover the cost of infrastructure improvements were needed in addition to funds to cover the cost of the initial infrastructure requirement study. He said that the Board had identified Government Obligation Bonds (GOB) as a potential funding source; however, he was advised that the GOB regulations included a permanent job requirement, which could present complications.
County Manager Burgess responded that it was the Board�s policy decision on how they wanted to direct GOB funding. He said that it was evident the Board unanimously supported the MIA Show and that Administration needed to develop a plan to submit to the Board. County Manager Burgess noted he did not envision any impediments to infrastructure improvements for the MIA Show; the infrastructure study would require an evaluation of the physical property that was already owned by the County; and the improvement costs would be significantly less than originally projected. County Manager Burgess emphasized that the success of the MIA Show should be a shared common objective, and all that was required was for the Administration and the Beacon Council to sit down together to determine how best to move forward.
Mr. Nero assured members of the Board that the U.S. Air Force Base Commander was committed to the MIA Show and private sector meetings were being held. He noted that a plan needed to be established by April 2011 so that private sector manufacturers could finalize their budget commitments. Mr. Nero said that a full marketing campaign would be needed to recruit companies at the Paris Aerospace Show in June 2011 to participate in the MIA Show. He apologized for any misinterpretation related to information received from County staff about GOB funding and indicated that it was his intention to work in close cooperation with County Manager Burgess.
Commissioner Diaz pointed out that an Aerospace Show had not been done elsewhere in the U.S. due to its complexity. He noted the importance of the military involvement; however, he indicated that the military had more stringent regulations and deadlines than the County. Commissioner Diaz said planning should have been completed at least six months ago and that it was imperative to move quickly. He noted that although the County had the ability to commit its property to the MIA Show, the military commitments had not been secured. Commissioner Diaz advised members of the Commission that issues relating to national security, law enforcement, and the actual cost of bringing the Aerospace Show to Miami needed to be addressed.
Mr. Nero agreed that the MIA Show needed to be an overall priority and well coordinated for it to become a reality. He indicated that the U.S. Air Force Base Commander was already proceeding with the approval process. Mr. Nero noted he concurred with County Manager Burgess that it was possible to obtain a reduction in the cost of infrastructure improvements, and that the feasibility study should be the next step. He said manufacturing companies were approached about potential participation six months ago; however, they needed assurances there was a site and an actual show before making formal commitments.
Commissioner Diaz questioned how the County could commit before other commitments were obtained.
Mr. Nero responded that private sector commitments would be forthcoming once the feasibility study was finalized and reasonable assurance existed that the County was committed to completing the infrastructure construction required for the MIA Show.
Commissioner Diaz emphasized that the site was not the issue. He reiterated the importance for Board members to understand all costs associated with the MIA Show before signing any agreements and making commitments.
Commissioner Gimenez noted he supported Commissioner Moss� efforts on behalf of the MIA Show, as he attended the Paris Air Show and witnessed its impact. He pointed out that Miami would be the only city in the western hemisphere with an aerospace show making it the aerospace capital for the duration of the show. He said that the County needed to proceed with identifying funding to allow the show to be held in Miami, and not elsewhere. Commissioner Gimenez said the MIA Show would have a significant economic impact on our community and offered the potential for companies to establish local manufacturing operations.
Mr. Nero agreed that the short-term goal was to bring visitors to the community and that the long-term objective was to establish aviation manufacturing, distribution, assembly, maintenance and repair operations.
Commissioner Gimenez said he did not expect the MIA Show to be a tremendous success in its first year; however, it would grow and the seed needed to be planted before someone else took advantage of this opportunity.
Chairman Martinez questioned whether the cost for the infrastructure study remained at approximately $150,000.
County Manager Burgess responded that the $150,000 was the amount which the Beacon Council had requested in its grant application. He expressed the view that the study could be conducted internally without any additional costs and that the Board would then be provided with an estimate for infrastructure improvement costs.
Chairman Martinez pointed out that the County owned the land and that any infrastructure improvements would belong to the County. He asked the County Manager to assign Public Works Departmental personnel to expedite the study and report back to the Regional Transportation Committee and the County Commission.
Responding to Commissioner Seijas� question as to whether the Dubai Air Show, U.A.E., was scheduled during the same year as the MIA Show, Mr. Nero indicated that the Dubai Show was in November 2011 and the MIA Show was in November 2012. He added that the Farnborough Air Show, London, England, would be held in July 2012.
Mr. Nero noted Mr. Peter Dolara, Senior Vice President, American Airlines, was fully committed to the MIA Show, adding that American Airlines and other private sector partners were encouraging aerospace industry manufacturers to participate in the MIA Show.
Commissioner Sosa stressed the importance of the MIA Show and offered Commissioner Moss and everyone involved the assistance of the Economic Development & Social Services Committee.
In response to Mr. Nero�s comment that the Beacon Council would submit weekly status reports on the preparations for the MIA Show to Commissioners Bell and Moss, Chairman Martinez asked that this report be submitted to all commissioners.
Commissioner Sosa stressed the importance that the world needed to be made aware of the County�s commitment to the MIA Show.
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7
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ORDINANCES SET FOR SECOND READING
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8
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DEPARTMENTAL ITEMS
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8A thru 8C
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(No items were submitted for these sections.)
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8D
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ENVIRONMENTAL RESOURCES MANAGEMENT
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8D1A
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110160
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Resolution
Clerk's Official Copy
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RESOLUTION URGING THE FLORIDA LEGISLATURE TO MAINTAIN FULL FUNDING FROM THE AIR POLLUTION CONTROL TRUST FUND TO APPROVED LOCAL AGENCY TITLE V AIR PROGRAMS AND TO PASS LEGISLATION THAT REQUIRES DIRECT PASS-THROUGH FUNDING OF TITLE V AIR PERMIT FEES TO LOCAL AGENCY AIR PROGRAMS(Department of Environmental Resources Management)
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Adopted
Resolution R-111-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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8E
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(No items were submitted for this section.)
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8F
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GENERAL SERVICES ADMINISTRATION
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8F1A
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102687
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Resolution
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RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT 15975 S.W. 117 AVENUE, MIAMI, WITH TOD-COR, LC, A FLORIDA LIMITED LIABILITY COMPANY, FOR PREMISES TO BE UTILIZED BY MIAMI-DADE WATER AND SEWER DEPARTMENT AS OFFICE / WAREHOUSE SPACE, WITH A TOTAL FISCAL IMPACT TO MIAMI-DADE COUNTY NOT TO EXCEED $1,717,466.59 FOR THE INITIAL FIVE-YEAR TERM OF THE LEASE AND THE ONE ADDITIONAL FIVE-YEAR RENEWAL OPTION; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN (SEE AGENDA ITEM NO. 8R1A)(General Services Administration)
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Withdrawn
Resolution
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.
It was moved by Commissioner Sosa that the foregoing proposed resolution be deferred. This motion was seconded by Commissioner Edmonson.
County Manager George Burgess advised the Board that the Administration was requesting this proposed resolution be withdrawn.
Commissioner Sosa withdrew her motion to defer this proposed resolution.
It was moved by Commissioner Sosa that the foregoing proposed resolution be withdrawn. This motion was seconded by Commissioner Edmonson.
Commissioner Diaz noted the facility lease agreement for additional space was no longer necessary due to the South Florida Water Management District�s change in plans for a new water treatment plant.
Commissioner Seijas commented that she was not informed about the reason this proposed resolution was being withdrawn.
Chairman Martinez said it was prudent to withdraw this proposal and Board members who wanted additional information should request to meet with the Administration.
Commissioner Gimenez asked County Manager Burgess to provide Board members with a comprehensive list of the projects that must go forward and those that must be discontinued pursuant to the new rules and the impact this would have on the County. He noted he supported Chairman Martinez� withdrawal request.
Chairman Martinez questioned whether Agenda Item 8R1A was also being withdrawn.
County Manager Burgess confirmed that the Administration was requesting the withdrawal of Agenda Items 8F1A, 8R1A, 8R1A Supplement, and 8R1A Supplement 2. He noted the Administration would meet with each commissioner to keep them informed about this rapidly evolving item.
There being no further questions or comments, the Commission proceeded to vote.
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12/14/2010
Forwarded to the BCC by BCC Chairperson due to lack of a quorum by the Government Operations Committee
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1/20/2011
Deferred by the Board of County Commissioners
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8G and 8N
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(No items were submitted for these sections.)
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8O
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PROCUREMENT MANAGEMENT DEPARTMENT
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8O1A
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101857
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Resolution
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RESOLUTION WAIVING FORMAL BID PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE MIAMI-DADE COUNTY HOME RULE CHARTER AND THE NON-COMPETITIVE BID WAIVER PROVISIONS OF SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY; AUTHORIZING EXECUTION OF AGREEMENTS IN THE AMOUNT OF $2.88 MILLION WITH ALCALDE & FAY, PATTON BOGGS, LLP, GREENBERG TRAURIG, P.A., AND AKERMAN, SENTERFITT & EIDSON, P.A., TO OBTAIN GOVERNMENTAL REPRESENTATION AND CONSULTING SERVICES IN WASHINGTON, DC, WAIVING THE REQUIREMENTS OF SECTIONS 2-8.3 AND 2-8.4 OF THE MIAMI-DADE COUNTY CODE, PERTAINING TO BID PROTESTS, BY A TWO-THIRD VOTE OF THE BOARD MEMBERS PRESENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENTS 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 NOS. RFQ685A, RFQ685B, RFQ685C, AND RFQ685D [SEE AMENDED ITEM UNDER FILE NO. 110540](Procurement Management Department)
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Amended
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REPORT:
Commissioner Heyman noted the process to obtain governmental representation and consulting services in Washington, DC began almost two years ago when the County Administration realized this was the last year of a multi-year contract. She said that members of the County Administration, the judiciary, and the Congress had changed since the original Request for Proposal (RFP) was issued. Commissioner Heyman noted Chairman Martinez introduced legislation prohibiting a single Evaluation Committee member from skewing the results in a manner that would change the standings of other applicants; however, the legislation was not retroactive to this process. She noted based on input received from Board members thus far, the RFP needed to be revisited, and expressed concern that the County�s lobbying efforts in Washington, D.C. were inadequate. Commissioner Heyman noted this proposal would enhance relationships and advance projects such as the Port of Miami Deep Dredge Project (Dredge Project) and funding for Jackson Memorial Hospital. She noted some significant suggestions were presented over the past seven months that were not addressed in this proposal.
Chairman Martinez questioned whether the foregoing proposed resolution could be bifurcated to consider the bid waiver separately from the selection of firms.
First Assistant County Attorney Abigail Price-Williams advised members of the Board that these issues could be bifurcated.
It was moved by Commissioner Heyman that the Board bifurcate this proposed resolution to separate the recommendation to award Federal lobbyists� consulting contracts from the recommendation to waive the competitive bidding process. This motion was seconded by Commissioner Souto, and upon being put to a vote, passed by a vote of 10-3 (Commissioners Bell, Edmonson and Jordan voted �No�).
Commissioner Bell concurred with Commissioner Heyman that the landscape in Washington was now different than it was when this RFP was originally presented. She said emphasis should be placed on selecting the lobbyist firms that could provide the best services today. The lessons learned from the Dredge Project was that with a Republican House of Representatives, a Democratic Senate, and a Democratic White House, the County must focus on access issues as opposed to expertise; and members of the Commission needed to become more proactive in terms of advocacy and strategy and not rely exclusively on team(s) of highly paid lobbyists, the commissioner noted. She said priorities needed to be reevaluated, and based on need. She noted the County�s federal lobbying efforts should have been more successful considering the $830,000 budgeted in FY 2008-09 for this purpose, in addition to the effort of the Office of Intergovernmental Affairs (OIA Miami and Washington staff).
It was moved by Commissioner Bell that the bid waiver be rejected and that a new RFP for federal legislative lobbing services be advertised with a new scope.
Commissioner Seijas said she would second this motion, pending additional details regarding the new scope of this contract.
Hearing no other comments, the foregoing motion died due to the lack of a second.
Commissioner Souto noted he concurred that it was important to reevaluate this proposed resolution as conditions had changed in Washington since the last election. He recommended that the Board consider selecting Cardenas Partners, LLC, a local firm, with many years of experience working for the County and excellent Washington contacts.
Commissioner Gimenez noted he concurred with Commissioner Bell about the need for a new RFP. He proceeded to ask Mr. Joe Rasco, Office of Intergovernmental Affairs� (OIA) Director, questions about the existing and the proposed lobbying services contracts.
Mr. Rasco responded that existing lobbying services contracts with Alcalde & Fay, Cardenas Partners, LLC, and Greenberg Traurig, P.A were $570,000 ($190,000 each) and the Request for Qualification (RFQ) included an additional $150,000, bringing the total award to $720,000. Mr. Rasco added that County Manager George Burgess was recommending that contracts be awarded to Patton Boggs, LLP, a Washington based firm with access to both Democrats and Republicans and expertise in transportation; and Akerman, Senterfitt & Edison, P.A., in addition to the existing three firms.
Commissioner Gimenez questioned whether the contract award could be divided amongst the five firms. He also requested an explanation about the rationale behind the additional $150,000; as well as the difference between the $830,000 budget mentioned by Commissioner Bell, and the $570,000 budget mentioned by Mr. Rasco.
Mr. Rasco responded that the $150,000 was an additional amount of money for OIA to engage existing or new firms to provide other services as needed. He noted the $830,000 was, in effect, two years ago; however, that amount had not be spent.
Responding to Commissioner Gimenez� inquiry, First Assistant County Attorney Price-Williams advised that the contract award could be redistributed among the five firms as requested, if the Board were to approve a bid waiver.
Commissioner Gimenez indicated that he was inclined to divide the award among the five firms and issue a new RFP as soon as possible.
Commissioner Monestime echoed the concerns of his collegues and noted he was open additional recommendations to address this issue.
Chairman Martinez pointed out that Florida�s Democratic Senator Bill Nelson was facing an election in 2012; and the Senator supported President Obama on all legislation and voted against earmarks, which was an indication that the Senate may not support earmarks. In addition, he noted the Republican Congress would not consider earmarks.
Chairman Martinez expressed concern that the County lost ground over the Dredge Project because the Federal Administration did not believe it was worth saving or lobbyists did not have the proper contacts in Washington. He pointed out that Savannah, GA, received a $600,000 appropriation for its port while Miami-Dade County did not receive any appropriations, and without an explanation. Chairman Martinez said that the County instituted a report card in 2005, and he spoke with Mr. Rasco and Assistant County Attorney Jess McCarty regarding the feasibility of developing a report card for the upcoming State legislative session. Chairman Martinez emphasized the importance for State lobbyists to be assigned based on areas of expertise and graded upon their success in lobbying on the County�s behalf.
County Manager Burgess explained that the Dredge Project was achievable and a good investment for the country, and that President Obama�s budget was just one step in the process, and that the County Administration would continue to pursue other options.
Chairman Martinez questioned the possibility of amendments to President Obama�s proposed budget.
Mr. Burgess noted that the Dredge Project would need to be classified as earmarked in order to amend the budget. He said a federal budget appropriation was preferred and noted efforts to obtain funding for the Dredge Project would continue.
Commissioner Sosa noted the Commission was previously criticized over the cost of throwing out the RFP Selection Committee recommendations and requesting a new RFP process. Commissioner Sosa said she did not believe an RFP review would present any different language or requirements, adding that the current proposal recommended companies with appropriate Washington connections. She noted a prompt decision by this Commission was necessary to award these contracts, and lobbyists should be informed of their responsibility to fight hard for the County�s priorities. Commissioner Sosa emphasized the importance of a report card to track the outcome of lobbying efforts; and that the failure to perform would result in lobbyists not being awarded future contracts. In addition, Commissioner Sosa said she supported a five-percent reduction to contract award, consistent with the reduction in County employees� salaries.
Commissioner Diaz noted the Dredge Project was a priority for the past seven years, and the companies representing the County had performed an outstanding job providing guidance and setting up appointments with appropriate individuals in Washington, whom he noted had the connections to make things happen. He said that obtaining federal funding involved more than simply going to Washington and asking for the money. Commissioner Diaz indicated that he concurred with Commissioner Bell�s motion, and suggested the County develop a new scope immediately, rebid the RFP, and develop a scorecard. He pointed out that former Congresswoman Carrie Meek brought a significant amount of money to the County while crossing party lines, noting a lot more work was needed on behalf of Miami-Dade County, considering the fact that a tremendous repositioning was underway in Washington, and the County was losing ground.
Commissioner Moss noted Patton Boggs, LLP, specialized in transportation projects and Former U.S. Secretary of Transportation, Rodney Slater, was a partner of that firm. He suggested Patton Boggs, LLP be considered based on their specialization in transportation, and noted if members of the Board had awarded a contract to this firm initially, the County would be in a better position today.
Commissioner Jordan said she concurred with Commissioner Moss� comments that the Board should have acted sooner and specifically, that the Dredge Project may have been included in the Federal budget had the County hired a lobbyist firm with the appropriate specialization. She said the RFP was initially advertised on November 4, 2009, and noted she did not believe that a new RFP would change the recommendation. She also questioned whether members of the Board would continue stalling if the RFP came back with the same recommendation or a recommendation that did not include a particular firm. Commissioner Jordan expressed concern that this Commission was becoming too political and was jeopardizing its position in Washington by insisting that specific firms be included, noting it was not in the County�s best interest to extend the duration of existing lobbying services contracts. She emphasized the urgency for members of this Commission to make a decision on this proposed resolution today.
Commissioner Barreiro noted the lobbying services contracts should not be subject to formal bid procedures because this process was political. He added that this Commission or a designated committee needed to determine the desired qualifications, select appropriate firms to represent the County based on those qualifications, and negotiate a contract.
Commissioner Edmonson questioned when the existing contracts would expire and the time required to negotiate a new RFP, Assistant County Attorney Jess McCarty responded that the existing contracts were on a month-to-month basis.
Assistant County Manager Alina Hudak pointed out that in the event of a change to the scope of services, a new RFP could take six months to award.
Ms. Miriam Singer, Director, Department of Procurement Management, noted it would take six to seven months considering the time required to obtain an approval to advertise and award, including the final scope, selection, and negotiation.
It was moved by Commissioner Gimenez that contracts be awarded to the following three firms: Alcalde & Fay; Patton Boggs, LLP; and Greenberg Traurig, P.A.; that the award recommendation be modified to include a fourth and a fifth ranked firm: Akerman, Senterfitt & Edison, P.A. and Cardenas Partners, LLC; that funding be divided among the firms; and 3) that each firm be instructed to concentrate on their particular area of expertise and on the County�s priorities. The motion died due to the lack of a second.
Commissioner Bell said she would withdraw her original motion based on the fact that the bid process would take more than three months. She expressed concern that the process was broken and clearly needed to be fixed. She questioned the County�s involvement in 2009, when President Obama requested shovel-ready projects for inclusion in Federal Recovery Act Funding, noting it was clear that President Obama endorsed other port projects. She said she was not concerned about lobbyist firms with competing interests and did not care which firm received the contract award; however, the contracts should be awarded to the best firms.
It was moved by Commissioner Bell that contracts in the amount of $190,000 be awarded to each of the top three firms as follows: Alcalde & Fay; Patton Boggs, LLP; and Greenberg Traurig, P.A. This motion was seconded by Commissioner Seijas.
First Assistant County Attorney Abigail Price Williams clarified, for the record, that the initial motion was to bifurcate this proposed resolution, and a motion to waive competitive bid procedures must be approved by a two-thirds vote of this Commission before Commissioner Bell�s proposed motion could be considered.
It was then moved by Commissioner Heyman that competitive bid procedures be waived. This motion was seconded by Chairman Martinez and upon being put to a vote, passed by a vote of 13-0.
Commissioner Diaz noted all firms under consideration were excellent firms, and he had worked closely with each of these firms both in Washington and in Tallahassee. Members of the Board needed to select lobbyist firms based on their unique strengths and expertise. He noted he did not want to limit the options as stated in the current motion because too much money was at stake, and suggested that a new scope of services be developed and the RFP process be expedited under the oversight of Chairman Martinez.
Commissioner Edmonson suggested that a straw vote be taken on Commissioner Bell�s motion to consider the top three recommended firms.
Members of the Board considered a straw vote on Commissioner Bell�s motion that contracts be awarded to each of the top three recommended firms as follows: Alcalde & Fay; Patton Boggs, LLP; and Greenberg Traurig, P.A., in the amount of $190,000 per year. This motion, upon being put to a vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
In response to Commissioner Moss� question, Assistant County Attorney Jess McCarty clarified that a two-thirds vote was only required on the bid waiver and that a simple majority vote would be sufficient to approve the foregoing motion.
Commissioner Jordan asked Commissioner Bell to consider amending her previous motion to include a fourth firm based on the County Manager�s recommendation.
Commissioner Bell noted she would agree to amend her motion as proposed by Commissioner Jordan; however, she believed the top three firms could accomplish the objectives at a $150,000 savings.
Commissioner Bell withdrew her previous motion that contracts be awarded to each of the top three recommended firms, and the Board proceeded to take a straw vote as follows: It was then moved by Commissioner Bell that the Board approve the County Manager�s recommendation to award contracts to the top three recommended firms: Alcalde & Fay; Patton Boggs, LLP; Greenberg Traurig, P.A. at $190,000 each; and a fourth ranked firm: Akerman, Senterfitt & Edison, P.A. at $150,000. This motion was seconded by Commissioner Seijas and upon being put to a straw vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
Upon concluding the staw vote, members of the Board proceeded to take an official vote on the motion that the Board approve the County Manager�s recommendation to award contracts to the top three recommended firms: Alcalde & Fay; Patton Boggs, LLP; Greenberg Traurig, P.A. at $190,000 each; and a fourth ranked firm: Akerman, Senterfitt & Edison, P.A. at $150,000, as moved by Commissioner Bell and seconded by Commissioner Seijas. This motion, upon being put to a vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
Chairman Martinez questioned how long lobbyists had been assigned to the Dredge Project.
Mr. Juan Kuryla, Deputy Director, Port of Miami, noted Alcalde & Fay had worked with the Port for over 25 years and on the Dredge Project since 2007.
Chairman Martinez questioned the probability of Mr. Slater personally lobbying on behalf of County issues, and noted the need to approve this proposed resolution with the designated firms. He said that Mr. Bill Johnson, Director, Port of Miami, had traveled to Washington and spoken to Federal officials regarding the Dredge Project on several occasions. The Dredge Project did not have the potential to move forward this year, especially without being earmarked, Chairman Martinez noted.
Assistant County Attorney McCarty explained that the contracts were for a one-year term with three options to renew, and noted the contract would become effective upon approval by the Board.
Chairman Martinez suggested that goals could be established for these firms for the first year of the contract and that these goals would then be graded before executing any renewal options.
It was then moved by Chairman Martinez that the Board approve one year contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; and to require an evaluation report card. This motion was seconded by Commissioner Seijas.
Commissioner Sosa noted that she supported the proposed motion. She said that she respected the process; that time was of the essence; and that that there would be sufficient time to evaluate the outcomes of the four recommended firms.
Commissioner Heyman noted that a Sunshine Meeting was held two years ago, making this a transparent, inclusive recommendation and an open process. She asked Mr. Rasco to establish a system to measure the performance of firms/individuals lobbying on behalf of the County at the Federal level.
Commissioner Barreiro indicated that he supported the foregoing proposed motion.
Commissioner Moss reiterated that the Dredge Project might have been included in the President�s budget had an earlier decision been made to hire Patton Boggs, LLP.
Assistant County Attorney Price-Williams restated Chairman Martinez� motion, which was to approve the County Manager�s recommendation to award one year contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; with an amendment to require an evaluation report card at the end of one-year.
Responding to Commissioner Diaz� inquiry as to whether the recommendation was for a one-year term and whether the RFP would go out to bid for subsequent years, Assistant County Attorney McCarty clarified that the County Manager�s recommendation was for one-year plus three one-year renewals.
Commissioner Diaz indicated that he was opposed to this motion since the contract award automatically rolled over for the remaining three years. He said that the recommended firms were primarily Democratic and only the Republican firm was being eliminated.
Commissioner Gimenez requested that Chairman Martinez consider amending his proposed motion to remove the three, one-year options-to-renew.
In response to Commissioner Gimenez� question, Ms. Singer indicated that the contract term would begin ten days following the Board�s approval.
Commissioner Gimenez stated that he looked forward to the results of the report card and to targeting the appropriate firms to achieve specific attainable results.
Commissioner Sosa noted she understood that the motion was to accept the County Manager�s recommendation with the addition of a yearly evaluation, as this would give the Board the possibility of reevaluating the selection of firms in order to ensure proper representation in the future. She reiterated the importance of reaching both political parties and noted the potential for additional targeting efforts would be achieved by hiring more firms for the same amount of money.
Responding to Commissioner Sosa, Assistant County Attorney McCarty confirmed that the initial contract would be for a one-year term and renewals would come back to the Board for approval.
Commissioner Seijas commended Chairman Martinez for suggesting the yearly evaluation process. She pointed out that the recommended firms were large firms with many employees, both Democrat and Republican. Commissioner Seijas asked Mr. Rasco to provide a breakdown of lobbyists� firms representing the County, including the number of registered Democrats, Republicans, and Independents lobbying on behalf of the County.
Commissioner Barreiro asked that Chairman Martinez also consider amending his motion to add Cardenas Partners, LLC., and to divide the funding equally between the five firms.
Chairman Martinez called for a straw vote before accepting Commissioner Barreiro�s proposed amendments. This motion upon being put to a straw vote, failed by a vote of 5-8, (Commissioners Barreiro, Diaz, Gimenez, Sosa, and Souto voted �Yes�) (Commissioners Bell, Edmonson, Heyman, Jordan, Monestime, Moss, Seijas and Chairman Martinez voted �No�).
Chairman Martinez noted that Cardenas Partners, LLC., would have done a good job; however, he did not agree with reducing the funding amount for the firms who were originally selected.
The Board proceeded to vote on Chairman Martinez� motion that the Board approve the County Manager�s recommendation as amended to award one-year contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; to require an evaluation report card; and to remove the three, one-year options-to-renew, as proposed by Commissioner Gimenez. This motion was seconded by Commissioner Seijas, and upon being put to a vote, passed by a vote of 11-2 (Commissioners Barreiro and Diaz voted �No�).
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7/20/2010
4 Day Rule Invoked by the Board of County Commissioners
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9/10/2010
Carried over by the Board of County Commissioners
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9/21/2010
No Action Taken by the Board of County Commissioners
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12/7/2010
Deferred by the Board of County Commissioners
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8O1A AMENDED
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110540
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Resolution
Clerk's Official Copy
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RESOLUTION WAIVING FORMAL BID PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE MIAMI-DADE COUNTY HOME RULE CHARTER AND THE NON-COMPETITIVE BID WAIVER PROVISIONS OF SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY; AUTHORIZING EXECUTION OF AGREEMENTS IN THE AMOUNT OF $2.88 MILLION WITH ALCALDE & FAY, PATTON BOGGS, LLP, GREENBERG TRAURIG, P.A., AND AKERMAN, SENTERFITT & EIDSON, P.A., TO OBTAIN GOVERNMENTAL REPRESENTATION AND CONSULTING SERVICES IN WASHINGTON, DC, WAIVING THE REQUIREMENTS OF SECTIONS 2-8.3 AND 2-8.4 OF THE MIAMI-DADE COUNTY CODE, PERTAINING TO BID PROTESTS, BY A TWO-THIRD VOTE OF THE BOARD MEMBERS PRESENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENTS FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN EXCEPT RENEWAL PROVISIONS CONTRACT NOS. RFQ685A, RFQ685B, RFQ685C, AND RFQ685D (SEE ORIGINAL ITEM UNDER FILE NO. 101857)(Procurement Management Department)
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Adopted as amended
Resolution R-112-11
Mover: Joe A. Martinez
Seconder: Carlos A. Gimenez
Vote: 11 - 2
No: Barreiro , Diaz
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REPORT:
Commissioner Heyman noted the process to obtain governmental representation and consulting services in Washington, DC began almost two years ago when the County realized they were in the last year of a multi-year Federal legislative lobbying services (lobbying services) contract. She said that County staff, judicial, and Congressional membership changes occurred since the Request for Proposal (RFP) was distributed. Commissioner Heyman advised that Chairman Martinez introduced legislation prohibiting a single Evaluation Committee member from skewing the results in a manner that would change the standing of other applicants; however, this legislation was not retroactive to this process. She noted an RFP review was needed considering input already received from Board members. Commissioner Heyman expressed concern that the County�s needs were not being adequately addressed in Washington, DC, and that changes were needed that would enhance relationships to support projects such as the Port of Miami Deep Dredge Project (Dredge Project) and Jackson Memorial Hospital funding. Substantive suggestions were presented over the past seven months which were not addressed in this proposal, she added.
Chairman Martinez questioned whether the foregoing proposed resolution could be bifurcated to consider the bid waiver separately from the selection of firms.
First Assistant County Attorney Abigail Price-Williams responded that these issues could be bifurcated.
It was moved by Commissioner Heyman that the Board bifurcate this proposed resolution to separate the recommendation to award lobbying services contracts from the recommendation to waive the competitive bidding process. This motion was seconded by Commissioner Souto, and upon being put to a vote, passed by a vote of 10-3 (Commissioners Bell, Edmonson and Jordan voted �No�).
Commissioner Bell concurred with Commissioner Heyman that the landscape in Washington was now different from what it was when this RFP was originally presented. She said emphasis should be placed on selecting the lobbying services firm that could provide the best services today, rather than on the ranking process. Commissioner Bell noted the lesson learned from the Dredge Project was that with a Republican House of Representatives, a Democratic Senate and a Democratic White House, the County must focus on access issues rather than on expertise issues. She said that the Board needed to become more proactive in terms of advocacy and strategy and not rely exclusively on the team of highly paid lobbyists. Commissioner Bell said that priorities needed to be reevaluated and the County needed to receive proposals that were representative of current needs. She noted the County�s lobbying services firms should have achieved better results with an $830,000 budget in FY 2008-09, excluding the funding for the Office of Intergovernmental Affairs (OIA Miami and Washington staff).
It was moved by Commissioner Bell that the bid waiver be rejected and that a new RFP for lobbying services be advertised with a new scope. Commissioner Seijas noted that she would second this motion, pending additional details about the new scope. The motion died due to the lack of a second.
Commissioner Souto noted he concurred that it was important to reevaluate this proposed resolution as conditions had changed in Washington since the last election. He recommended that the Board consider selecting Cardenas Partners, LLC, a local firm, with many years of experience working for the County and excellent Washington contacts.
Commissioner Gimenez noted he concurred with Commissioner Bell about the need for a new RFP. He proceeded to ask Mr. Joe Rasco, OIA Director, questions about the existing and proposed lobbying services contracts.
Mr. Rasco responded that existing lobbying services contracts with Alcalde & Fay, Cardenas Partners, LLC, and Greenberg Traurig, P.A were $570,000 ($190,000 each) and the Request for Qualification (RFQ) included an additional $150,000, bringing the total award to $720,000. Mr. Boggs added that County Manager George Burgess was recommending that Patton Boggs, LLP, a Washington based firm with access to both Democrats and Republicans and expertise in transportation issues, and Akerman, Senterfitt & Edison, P.A. receive lobbying services contract awards in addition to the existing three lobbying services firms.
Commissioner Gimenez questioned whether the lobbying services contract awards could be divided amongst the five firms. He also requested an explanation about the rationale behind the additional $150,000; as well as the difference between the $830,000 budget mentioned by Commissioner Bell and the $570,000 budget mentioned by Mr. Rasco.
Mr. Rasco responded that the $150,000 was an additional amount of money for OIA to engage existing or new firms to provide other services as needed. He noted the $830,000 was in effect two years ago; however, that amount was not currently being spent.
Responding to Commissioner Gimenez� inquiry, First Assistant County Attorney Price-Williams advised that the lobbying services contract awards could be reconfigured amongst the five firms as requested, if the Board were to approve a bid waiver.
Commissioner Gimenez indicated that he was inclined to divide the lobbyist services contract awards amongst the five firms and put out a new RFP as soon as possible.
Commissioner Monestime echoed the concerns of his collegues and noted he was open to hearing additional options to address the issue.
Chairman Martinez pointed out that Florida�s Democratic Senator Bill Nelson was facing an election in 2012; that Senator Nelson had supported President Obama on all legislation; that Senator Nelson voted against earmarks; and that this was an indication that the Senate would not readily support earmarks. Chairman Martinez added that the Republican Congress also would not consider earmarks. He said that a tremendous battle was lost over the Dredge Project due to either lobbyists not having the proper contacts in Washington to get the job done; elected officials choosing not to get the job done; or the White House not believing the Dredge Project was worth saving for its party members facing an upcoming election. Chairman Martinez pointed out that Savannah, GA, received a $600,000 appropriation for its port while Miami-Dade did not receive any appropriations, without an explanation. He said that the County instituted a report card in 2005 and also reduced its Washington lobbyist staff from 11 to 3, adding that he had spoken with Mr. Rasco and Assistant County Attorney Jess McCarty to establish a report card for the upcoming State legislative session. Chairman Martinez emphasized that State lobbyists needed to be assigned to and graded upon realistic and achievable priorities.
Responding to Chairman Martinez� question, County Manager George Burgess responded that the Dredge Project was entirely achievable and a good investment for the country. He said that President Obama�s budget was just a step in the process and that the County continued to pursue other options.
Responding to Chairman Martinez� comment that to amend President Obama�s budget, the Dredge Project would need to have been classified as an earmark, County Manager Burgess indicated that a federal budget appropriation was preferred, and that efforts to obtain project funding would continue.
Commissioner Sosa noted the Commission was previously criticized over the cost of throwing out RFP selection committee recommendations and requesting a new RFP process. Commissioner Sosa said that she did not believe a RFP review would present any different language or requirements, adding that the current proposal recommended companies who already had appropriate Washington connections. She expressed her view that a prompt decision to award these legislative services contracts was needed to support the lobbyists� efforts. She noted lobbyists should be informed of their responsibility to fight hard for County objectives; that a report card was needed to track lobbyists� results; and that the failure to perform would result in lobbyists not being awarded future contracts. In addition, Commissioner Sosa noted her support of a five-percent reduction to lobbyists� remuneration, consistent with the County employee salary reductions.
Commissioner Diaz noted the Dredge Project was a priority for the past seven years and the companies representing the County had performed an outstanding job providing guidance and setting up appointments with appropriate individuals in Washington who had the connections to make things happen. He said that obtaining federal funding involved more than simply going to Washington and asking for the money.
Commissioner Diaz indicated that he concurred with Commissioner Bell�s motion, and expressed the view that the County needed to immediately put out a new scope; rebid the RFP; and develop a scorecard. Commissioner Diaz pointed out that former Congresswoman Carrie Meek brought a significant amount of money to the County while crossing party lines. He said that tremendous repositioning was underway in Washington; the County was falling within the gap; and a lot of work remained.
Commissioner Moss noted Patton Boggs, LLP, specialized in transportation projects and Former U.S. Secretary of Transportation Rodney Slater was a partner of that firm. He said that the County might have been in a better position than it was today had an agreement with Patton Boggs, LLP been executed sooner. Commissioner Moss suggested that Patton Boggs, LLP be included in the proposed funding process due to their specialization in transportation projects.
Commissioner Jordan noted she concurred with Commissioner Moss about the need to have acted sooner. She stated that she was hopeful that action would be taken today as the RFP was initially advertised in November 4, 2009. Commissioner Jordan said that she did not believe that a new RFP would change the recommendation and questioned whether the Board would continue stalling if the proposed resolution came back with the same recommendation or a recommendation which did not include a particular firm. She expressed the view that the Board was becoming political and was hurting itself in Washington by deciding that specific companies needed to be included. Commissioner Jordan noted she agreed with Commissioner Moss that perhaps the Dredge Project might have been included in the federal budget had the County hired a legislative lobbyists� firm with the appropriate specialization in a timely manner. Commissioner Jordan stressed that it was not in the County�s best interest to extend the duration of existing lobbying services contracts and that a decision on this proposed resolution was needed today (2/15).
Commissioner Barreiro noted there should not be formal bid procedures when considering lobbying services contracts, as this process had more to do with politics. He added that the Board or a designated committee needed to determine the desired qualifications, select appropriate firms to represent the County based upon those qualifications, and then negotiate a contract.
Pursuant to Commissioner Edmonson�s questions as to the expiration date of the existing lobbying services contracts and the timeframe required for a new RFP, Assistant County Attorney Jess McCarty responded that the existing contracts were on a month-to-month basis. Assistant County Manager Alina Hudak added that in the event a change to the RFP scope was required, a new RFP process could take six months to award.
Ms. Miriam Singer, Director, Department of Procurement Management, noted it would take six to seven months when considering the time required to obtain an approval to advertise, an approval to award, final scope, selection, and negotiation.
It was moved by Commissioner Gimenez that 1) contracts be awarded to the three recommended lobbying services firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A.; that the award recommendation be modified to include the fourth and fifth ranked lobbying services firms: Akerman, Senterfitt & Edison, P.A., and Cardenas Partners, LLC; 2); that funding be divided among these five firms; and 3) that each firm be instructed to concentrate on their particular area of expertise and on the County�s priorities. The motion died due to the lack of a second.
Commissioner Bell stated that she was withdrawing her original motion based on the fact that the bid process would take more than three months, noting the process was broken and clearly needed to be fixed. She questioned the County�s involvement in 2009 when President Obama requested shovel-ready projects for inclusion in federal recovery funding. Commissioner Bell noted it was clear that President Obama endorsed other port projects. She said she was not concerned about lobbying services firms having competing interests and did not care which firm received the contract award, adding that the best firm should be awarded the lobbying services contract.
It was moved by Commissioner Bell that lobbying services contracts in the amount of $190,000 be awarded to each of the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. This motion was seconded by Commissioner Seijas.
First Assistant County Attorney Abigail Price Williams clarified, for the record, that the initial motion was to bifurcate the proposed resolution, and a motion to waive competitive bid procedures must be approved by a two-thirds vote of this Commission before Commissioner Bell�s proposed motion could be considered.
It was then moved by Commissioner Heyman that competitive bid procedures be waived. This motion was seconded by Chairman Martinez and upon being put to a vote, passed by a vote of 13-0.
Commissioner Diaz noted that all lobbing services firms under consideration were good firms and that he had worked closely with all these firms in Washington and Tallahassee. He said that the Board needed to select lobbying services firms based upon their unique strengths and then direct these firms to represent the County based upon their specialization. Commissioner Diaz noted he did not want to limit the options as stated in the current motion as too much money was at stake. He suggested that a new scope be developed and an expedited RFP process be initiated under the BCC Chairman�s oversight.
Commissioner Edmonson suggested that a straw vote be taken on Commissioner Bell�s motion to consider the top three recommended lobbying services firms.
Members of the Board considered a straw vote on Commissioner Bell�s motion that contracts be awarded to each of the top three recommended lobbying services firms in the amount of $190,000 per year. This motion, upon being put to a vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
In response to Commissioner Moss� question, Assistant County Attorney McCarty clarified that a two-thirds vote was only required on the bid waiver and that a simple majority vote would be sufficient.
Commissioner Jordan asked Commissioner Bell to amend her previous motion to include the fourth firm based upon the County Manager�s recommendation.
Commissioner Bell accepted Commissioner Jordan�s request to amend the motion, noting, however, that she believed the top three lobbying services firms could accomplish the objectives at a $150,000 cost savings.
Commissioner Bell withdrew her previous motion that contracts be awarded to each of the top three recommended lobbying services firms in the amount of $190,000 per year.
It was then moved by Commissioner Bell that the Board approve the County Manager�s recommendation to award contracts to the top three recommended lobbying services firms: Alcalde & Fay, Patton Boggs, LLP, Greenberg Traurig, P.A., and Akerman, Senterfitt & Edison, P.A. at $190,000 each; and to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000. This motion was seconded by Commissioner Seijas and upon being put to a straw vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
Following the straw vote, Commissioner Bell did not withdraw her motion, and upon being put to a vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
Chairman Martinez questioned the length of time in which these lobbying services firms were assigned to the Dredge Project.
Mr. Juan Kuryla, Deputy Director, Port of Miami, responded that Alcalde & Fay worked with the Port for over 25 years and on the Dredge Project since 2007.
Chairman Martinez questioned the probability of Mr. Slater personally lobbying on behalf of County issues, and noted the need to approve this proposed resolution with the designated firms. Chairman Martinez said that Mr. Bill Johnson, Port Director, Port of Miami, had visited Washington numerous times and spoken to elected officials about the Dredge Project. He expressed the view that the Dredge Project did not have the potential to move forward this year, especially without earmarks.
Pursuant to Chairman Martinez� inquiry, Assistant County Attorney McCarty responded that the lobbying services contract was for a one-year term with three options to renew. The contract would become effective immediately upon Board approval, he added.
Chairman Martinez suggested that goals could be established for these lobbying services firms for the first year of the contract and that these goals would then be graded before executing any renewal options.
It was then moved by Chairman Martinez that the Board approve one year lobbying services contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; and to require an evaluation report card. This motion was seconded by Commissioner Seijas.
Commissioner Sosa noted that she supported the proposed motion. She said that she respected the process; that time was of the essence; and that there would be sufficient time to evaluate the outcomes of the four recommended lobbyist services firms.
Commissioner Heyman noted that a Sunshine Meeting was held two years ago, making this recommendation a transparent, inclusive and open process. She asked Mr. Rasco to establish a system to measure the performance of firms/individuals lobbying on behalf of the County at the Federal level.
Commissioner Barreiro indicated that he supported the foregoing proposed motion.
Commissioner Moss reiterated that perhaps the Dredge Project might have been included in President Obama�s budget had an earlier decision been made to hire Patton Boggs, LLP.
Assistant County Attorney Price-Williams restated Chairman Martinez� motion, which was to approve the County Manager�s recommendation to award one year lobbing services contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; with an amendment to require an evaluation report card at the end of one-year.
Responding to Commissioner Diaz� inquiry as to whether the recommendation was for a one-year term and whether the RFP would go out to bid for subsequent years, Assistant County Attorney McCarty clarified that the County Manager�s recommendation was for one-year plus three one-year renewals.
Commissioner Diaz indicated that he was opposed to this motion as the lobbying services contract award would automatically roll over for the remaining three years. He said that the recommended firms were largely Democratic and the only Republican firm was being eliminated.
Commissioner Gimenez requested that Chairman Martinez consider amending his proposed motion to remove the three, one-year options-to-renew.
In response to Commissioner Gimenez� question, Ms. Singer indicated that the contract term would begin ten days following the Board�s approval.
Commissioner Gimenez stated that he looked forward to the results of the report card and to targeting the appropriate lobbyist services firms to perform specific attainable results.
Commissioner Sosa noted she understood that the motion was to accept the County Manager�s recommendation with the addition of a yearly evaluation, as this would give the Board the possibility of reevaluating the selection of lobbyist services firms in order to ensure proper representation in the future. She reiterated the importance of reaching both political parties and said that additional targeting potential would be achieved by hiring more firms for the same amount of money.
Responding to Commissioner Sosa, Assistant County Attorney McCarty confirmed that the initial contract would be for a one-year term and renewals would come back to the Board for approval.
Commissioner Seijas commended Chairman Martinez for suggesting the yearly evaluation process. She pointed out that the recommended lobbyist services firms were large firms with many employees, both Democrat and Republican. Commissioner Seijas asked Mr. Rasco to provide a breakdown of lobbyist services firms representing the County, including the number of registered Democrats, Republicans, and Independents lobbying on behalf of the County.
Commissioner Barreiro asked that Chairman Martinez also consider amending his motion to add Cardenas Partners, LLC., and to divide the funding equally between the five lobbyist services firms.
Chairman Martinez called for a straw vote before accepting Commissioner Barreiro�s proposed amendments. This motion upon being put to a straw vote, failed by a vote of 5-8, (Commissioners Barreiro, Diaz, Gimenez, Sosa, and Souto voted �Yes�) (Commissioners Bell, Edmonson, Heyman, Jordan, Monestime, Moss, Seijas and Chairman Martinez voted �No�).
Chairman Martinez noted that Cardenas Partners, LLC., would have done a good job; however, he did not agree with reducing the funding amount to the lobbyist services firms who were originally selected.
The Board then voted on Chairman Martinez� motion that the Board approve the County Manager�s recommendation as amended to award one-year contracts to the top three recommended lobbyist services firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; to require an evaluation report card; and to remove the three, one-year options-to-renew, as proposed by Commissioner Gimenez. This motion upon being put to a vote, passed by a vote of 11-2 (Commissioners Barreiro and Diaz voted �No�).
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8O1B
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110271
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Resolution
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RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE OPTION-TO-RENEW PERIODS FOR CERTAIN NON-COMPETITIVE CONTRACTS DESCRIBED IN THE ITEM, SUBJECT TO THE MONETARY LIMITATIONS SET FORTH THEREIN, AWARDED UNDER THE COUNTY MAYOR OR THE COUNTY MAYOR DESIGNEE�S DELEGATED AUTHORITY FOR THE PURCHASE OF GOODS AND SERVICES(Procurement Management Department)
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Amended
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REPORT:
Ms. Miriam Singer, Director, Department of Procurement Management read amendment(s) into the record on the foregoing proposed resolution.
It was moved by Commissioner Heyman that the foregoing proposed resolution be adopted as amended to change the funding source on handwritten page 6 from �General Fund� to �Library District Funds.� This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Bell was absent).
The amended version was assigned Resolution No. R-113-11
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8O1C
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110274
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Resolution
Clerk's Official Copy
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RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE OPTION-TO-RENEW PERIODS FOR CERTAIN COMPETITIVE CONTRACTS DESCRIBED IN THE ITEM, SUBJECT TO THE MONETARY LIMITATIONS SET FORTH THEREIN, AWARDED UNDER THE COUNTY MAYOR OR THE COUNTY MAYOR DESIGNEE�S DELEGATED AUTHORITY FOR THE PURCHASE OF GOODS AND SERVICES(Procurement Management Department)
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Adopted
Resolution R-114-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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8P and 8Q
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(No items were submitted for these sections.)
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8R
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WATER AND SEWER DEPARTMENT
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8R1A
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110034
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Resolution
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RESOLUTION APPROVING CONSTRUCTION CONTRACT NO. W-855(A) IN THE AMOUNT OF $49,662,425.66 TO JOHN J. KIRLIN, LLC FOR THE CONSTRUCTION OF THE 20 MILLION GALLONS PER DAY SOUTH MIAMI HEIGHTS WATER TREATMENT PLANT ; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE THE PROVISIONS CONTAINED THEREIN (SEE AGENDA ITEM NO. 8F1A)(Water & Sewer Department)
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Withdrawn
Resolution
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
Note: See Agenda Item 8F1A, Legislative File Number 102687 for additional details.
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1/20/2011
Deferred by the Board of County Commissioners
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8R1A SUPPLEMENT
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110131
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Supplement
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SUPPLEMENT TO AGENDA ITEM NO. 8R1A: CONTRACT AWARD RECOMMENDATION FOR THE CONSTRUCTION OF THE SOUTH MIAMI HEIGHTS WATER TREATMENT PLANT
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Withdrawn
Supplement
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
Note: See Agenda Item 8F1A, Legislative File Number 102687 for additional details.
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1/20/2011
Deferred by the Board of County Commissioners
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8R1A SUPPLEMENT #2
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110344
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Supplement
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SUPPLEMENT NO. 2 TO CONTRACT AWARD RECOMMENDATION FOR THE CONSTRUCTION OF THE SOUTH MIAMI HEIGHTS WATER TREATMENT PLANT AS REQUIRED BY THE COUNTY'S 20-YEAR WATER USE PERMIT ISSUED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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Withdrawn
Supplement
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
Note: See Agenda Item 8F1A, Legislative File Number 102687 for additional details.
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9
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ADDITIONAL DEPARTMENTAL ITEMS
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10
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AUTHORITIES, BOARDS, COUNCILS AND TRUSTS
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11
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COUNTY COMMISSION
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11A
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RESOLUTIONS
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11A1
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110230
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Resolution
Clerk's Official Copy
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Audrey M. Edmonson
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RESOLUTION APPROVING THE CITY OF MIAMI CO DESIGNATION OF NW 8TH AVENUE FROM NW 57TH STREET TO NW 62ND STREET AS ''REV. DR. HENRY CURTIS MCDOWELL WAY''
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Adopted
Resolution R-115-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A2
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110231
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Resolution
Clerk's Official Copy
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Carlos A. Gimenez
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RESOLUTION APPROVING THE CITY OF MIAMI RENAMING OF SW 23RD AVENUE FROM SW 28TH STREET TO SOUTH DIXIE HIGHWAY AS ''KIRK STREET'', SW 24TH AVENUE FROM SW 28TH STREET TO SOUTH DIXIE HIGHWAY AS ''CALUSA STREET'', SW 28TH STREET FROM SW 22ND AVENUE TO SW 26TH AVENUE AS ''OVERBROOK STREET'', SW 27TH WAY FROM SW 22ND AVENUE TO SW 23RD AVENUE AS ''TEQUESTA WAY'', SW 27TH TERRACE FROM SW 22ND AVENUE TO SOUTH DIXIE HIGHWAY AS ''SECOFFEE TERRACE'' AND SW 27TH LANE FROM SW 22ND AVENUE TO SW 26TH AVENUE AS ''TEQUESTA LANE''
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Adopted
Resolution R-116-11
Mover: Carlos A. Gimenez
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Bell
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REPORT:
Commissioner Seijas inquired about the rationale behind renaming City of Miami streets as proposed in the foregoing resolution.
Commissioner Gimenez responded that most streets located south of US1 in Coconut Grove were already named streets and that the City of Miami requested naming the remaining streets for consistency purposes. He noted streets located north of US1 would continue to remain as numbered streets.
There being no further questions or comments, the Commission proceeded to vote.
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11A3
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110233
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Resolution
Clerk's Official Copy
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Carlos A. Gimenez
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RESOLUTION APPROVING THE CITY OF SOUTH MIAMI CO-DESIGNATION OF SW 58TH AVENUE FROM SW 72ND STREET (SUNSET DRIVE) TO SW 87TH STREET AS ''CATHY MCCANN DRIVE''
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Adopted
Resolution R-117-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A4
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110232
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Resolution
Clerk's Official Copy
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Jose "Pepe" Diaz
Rebeca Sosa
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RESOLUTION URGING CONGRESS TO APPROVE FREE TRADE AGREEMENTS WITH COLOMBIA, PANAMA AND SOUTH KOREA
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Adopted
Resolution R-118-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A5
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110255
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Resolution
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Jose "Pepe" Diaz
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RESOLUTION SUPPORTING SB 494, HB 265 OR SIMILAR LEGISLATION THAT WOULD REQUIRE A COURT TO DETERMINE WHETHER A DEFENDANT IS A REGISTERED SEXUAL PREDATOR OR OFFENDER PRIOR TO THE POSTING OF BAIL AND TO HOLD IN CUSTODY A DEFENDANT FOUND TO BE A REGISTERED SEXUAL OFFENDER OR PREDATOR WITHOUT BAIL UNTIL THE FIRST APPEARANCE; URGING THE FLORIDA LEGISLATURE TO PASS SUCH LEGISLATION
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Deferred
to
March 1, 2011
Resolution
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
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REPORT:
Commissioner Gimenez questioned whether an arrested individual would remain in custody for several days until the requirements of this legislation were satisfied.
Assistant County Attorney Jess McCarty responded that the defendant would remain in custody until the first appearance or bond hearing, which occurred within 48 hours.
Commissioner Gimenez pointed out that, under this legislation, all defendants, not just sexual offenders, who could otherwise bond out of jail would not be able to do so,. He suggested an amendment providing that only those accused of a sexual offense would not be able to post bond until they were cleared by the judicial process.
Commissioner Diaz expressed support for the legislation as presented in Tallahassee. He said that a sexual predator committed atrocities, and the procedure should be different when that person was placed in jail than the procedure used for a sexual offender who had committed a single crime.
Commissioner Gimenez said he was concerned about detaining the average person who committed a minor offense and placing that individual in jail while performing a criminal check.
Assistant County Attorney McCarty explained that the bill would require a criminal check on every person arrested and booked into jail to determine whether they were a sexual predator.
Commissioner Gimenez said that this legislation should apply only to individuals charged with a sexual offense.
Commissioner Martinez asked how much time it took the Florida Department of Law Enforcement to perform a records search.
Assistant County Attorney McCarty deferred this question to law enforcement officials.
Chairman Martinez said that a Florida Crime Information Center or National Crime Information Center check would quickly indicate an arrest record for a sexual offense; however, additional time would be required to obtain actual court records and conviction data on a sexual predator. He added that the bill would cost the County millions of dollars annually in pretrial release programs and would require anyone arrested to remain in jail until the court determined the individual was not a sexual predator.
Commissioner Diaz noted the intent of the proposed legislation was to prevent the release of sexual predators. The process to determine whether an individual was a registered sexual predator was a simple online process, he added.
Chairman Martinez noted the legislation involved a court determination rather than simply an Internet search.
It was moved by Commissioner Diaz that the foregoing proposed resolution be deferred. This motion was seconded by Commissioner Edmonson.
Chairman Martinez asked County Manager Burgess to provide the Board with a fiscal analysis on the impact of SB 494 and HB 265 on the County, specifically the prohibitions from posting bail and pretrial release and intervention.
Commissioner Gimenez indicated that he supported the intent of the proposed legislation, but wanted clarification on the procedure.
Commissioner Heyman provided a legal qualification, explaining that as long as the proposed legislation referred to bail, there had to be a court determination.
Commissioner Sosa asked Assistant County Attorney Jess McCarty to research whether the proposed legislation recognized that anyone charged with a crime was innocent until proven guilty or whether it changed the presumption of innocence.
There being no further questions or comments, the Commission proceeded to vote.
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11A6
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110262
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Resolution
Clerk's Official Copy
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Audrey M. Edmonson
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RESOLUTION OPPOSING SB 612 OR SIMILAR LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF CRANES; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION
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Adopted
Resolution R-119-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A7
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110263
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Resolution
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Jean Monestime
Rebeca Sosa
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RESOLUTION URGING PRESIDENT OBAMA�S ADMINISTRATION TO EXTEND TEMPORARY PROTECTED STATUS FOR HAITIAN NATIONALS AND ALSO EXTEND THE REGISTRATION PERIOD
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Withdrawn
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REPORT:
It was moved by Commissioner Heyman that the Board bifurcate this proposed resolution to separate out the recommendation to award Federal lobbyist consulting contracts from the recommendation to waive the competitive bidding process. This motion was seconded by Commissioner Souto, and upon being put to a vote, passed by a vote of 10-3, (Commissioners Bell, Edmonson and Jordan voted �No�).
It was moved by Commissioner Bell that the bid waiver be rejected and that a new Request for Proposal for lobbyist services be advertised with a new scope. Commissioner Seijas noted that she would second this motion, pending additional details about the new scope. The motion died due to the lack of a second.
It was moved by Commissioner Gimenez that 1) contracts be awarded to the three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A.; that the award recommendation be modified to include the fourth and fifth ranked firms: Akerman, Senterfitt & Edison, P.A., and Cardenas Partners, LLC; 2); that funding divided among these five firms; and 3) that each firms be instructed to concentrate on their particular area of expertise and on the County�s priorities. The motion died due to the lack of a second.
It was moved by Commissioner Bell that contracts in the amount of $190,000 be awarded to each of the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. This motion was seconded by Commissioner Seijas.
First Assistant County Attorney Abigail Price Williams clarified, for the record, that the initial motion was to bifurcate the proposed resolution, and a motion to waive competitive bid procedures must be approved by a two-thirds vote of this Commission before Commissioner Bell�s proposed motion could be considered.
It was then moved by Commissioner Heyman that competitive bid procedures be waived. This motion was seconded by Chairman Martinez and upon being put to a vote, passed by a vote of 13-0.
Members of the Board considered a straw vote on Commissioner Bell�s motion that contracts be awarded to each of the top three recommended firms in the amount of $190,000 per year. This motion, upon being put to a vote, failed by a vote of 6-7, (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
It was then moved by Commissioner Bell that Board approve the County Manager�s recommendation to award contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, Greenberg Traurig, P.A., and Akerman, Senterfitt & Edison, P.A. at $190,000 each; and to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000. This motion was seconded by Commissioner Seijas and upon being put to a straw vote, failed by a vote of 6-7 (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�) (Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No
Following the straw vote, the Board voted on Commissioner Bell�s motion to award contracts in the amount of $190,000 to each of the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A.; and a contract in the amount of $150,000 to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. This motion was seconded by Commissioner Seijas, and upon being put to a vote, failed by a vote of 6-7 (Commissioners Bell, Heyman, Jordan, Monestime, Moss and Seijas voted �Yes�; Commissioners Barreiro, Diaz, Edmonson, Gimenez, Sosa, Souto, and Chairman Martinez voted �No�).
It was then moved by Chairman Martinez that the Board award one-year contracts in the amount of $190,000 to each of the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A.; and a one-year contract in the amount of $150,000 to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A; and require evaluation report cards on all four firms. This motion was seconded by Commissioner Seijas.
Commissioner Gimenez requested that Chairman Martinez consider amending his proposed motion to remove the three, one-year options-to-renew.
Commissioner Barreiro asked that Chairman Martinez also consider amending his motion to add Cardenas Partners, LLC., and to divide the funding equally between the five firms.
Chairman Martinez called for a straw vote before accepting Commissioner Barreiro�s proposed amendments. This motion upon being put to a straw vote, failed by a vote of 5-8, (Commissioners Barreiro, Diaz, Gimenez, Sosa, and Souto voted �Yes�) (Commissioners Bell, Edmonson, Heyman, Jordan, Monestime, Moss, Seijas and Chairman Martinez voted �No�).
The Board then voted on Chairman Martinez� motion that the Board approve the County Manager�s recommendation to award one-year contracts to the top three recommended firms: Alcalde & Fay, Patton Boggs, LLP, and Greenberg Traurig, P.A. at $190,000 each; to the fourth ranked firm, Akerman, Senterfitt & Edison, P.A. at $150,000; to require an evaluation report card; and to remove the three, one-year options-to-renew, as proposed by Commissioner Gimenez. This motion upon being put to a vote, passed by a vote of 11-2 (Commissioners Barreiro and Diaz voted �No�).
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11A7 Substitute
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110359
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Resolution
Clerk's Official Copy
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Jean Monestime
Rebeca Sosa
Audrey M. Edmonson
Barbara J. Jordan
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RESOLUTION URGING PRESIDENT OBAMA�S ADMINISTRATION TO EXTEND TEMPORARY PROTECTED STATUS FOR HAITIAN NATIONALS AND ALSO EXTEND THE REGISTRATION PERIOD (SEE ORIGINAL ITEM UNDER FILE NO. 110263)
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Adopted
Resolution R-128-11
Mover: Jean Monestime
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Moss
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11A8
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110264
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Resolution
Clerk's Official Copy
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Jean Monestime
Audrey M. Edmonson
Barbara J. Jordan
Jose "Pepe" Diaz
Carlos A. Gimenez
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RESOLUTION URGING PRESIDENT OBAMA�S ADMINISTRATION TO ALLOW 55,000 HAITIANS ALREADY APPROVED FOR VISAS TO ENTER THE U.S.
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Adopted
Resolution R-120-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A9
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110237
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Resolution
Clerk's Official Copy
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Rebeca Sosa
Sally A. Heyman
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Bruno A. Barreiro
Lynda Bell
Barbara J. Jordan
Joe A. Martinez
Jean Monestime
Dennis C. Moss
Sen. Javier D. Souto
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RESOLUTION URGING THE PRESIDENT AND THE U.S. CONGRESS TO BUDGET AND APPROPRIATE $75 MILLION IN FEDERAL CONSTRUCTION FUNDING FOR THE DEEP DREDGE PROJECT AT THE PORT OF MIAMI; URGING THE GOVERNOR AND FLORIDA LEGISLATURE TO IDENTIFY STATE FUNDING SOURCES TO ASSIST IN THE TIMELY COMPLETION OF THE DEEP DREDGE PROJECT
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Adopted
Resolution R-121-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 13 - 0
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REPORT:
Commissioner Gimenez asked Mr. Bill Johnson, Port of Miami Director, to provide a report indicating the projections for additional activity generated by the 50 foot Deep Dredge Project (Dredge Project) including the number of jobs and the amount of revenue to be realized by the Port.
County Manager George Burgess explained that the County was not pursuing the $75 million being requested for the Dredge Project from the federal government. He said that they wanted to have a dollar amount included in the budget in order to be creative in securing State or other funding to begin the project and to obtain reimbursement later. County Manager Burgess noted the Dredge Project was so important to the region that creative local options would be considered if necessary. He emphasized that the involvement of the U.S. Army Corps of Engineers was essential to the project�s success.
Mr. Juan Kuryla, Deputy Director, Port of Miami, noted a preliminary analysis to fund and obtain subsequent reimbursement had already been compiled and this report data would be provided to the Board. He said that it was the Port of Miami�s goal to be the first Port south of Virginia with a 50 foot depth.
Chairman Martinez stressed that the Port of Miami�s Dredge Project should remain a priority and work should begin on this port before any other port.
Mr. Kuryla noted that the Port of Miami remained ahead of Savannah, GA; Charleston, SC; and Jacksonville, FL as Miami was currently the only port authorized to dredge to 50 feet.
Commissioner Sosa requested that the County Attorney�s Office draft an Item urging the Governor and Florida Legislature to identify funding that was freed up as a result of reductions in other projects throughout the State, and then to appropriate those funds to the Dredge Project. She recommended that Chairman Martinez invite the Dade Delegation to attend the March 1, 2011, County Commission meeting.
All commissioners asked to be listed as co-sponsors to this proposed resolution, with the exception of Commissioner Seijas.
Commissioner Diaz asked County Attorney Robert Cuevas to prepare an emergency resolution urging the South Florida Ecosystem Restoration Task Force to support the Deep Dredge Project at the Port of Miami, particularly the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers, which were a part of that Task Force.
There being no further questions or comments, the Commission proceeded to vote.
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11A10
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110266
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Resolution
Clerk's Official Copy
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Audrey M. Edmonson
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RESOLUTION APPROVING THE ALLOCATION OF FY 2010-11 DISTRICT 3 OFFICE BUDGET FUNDS
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Adopted
Resolution R-122-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A11
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110265
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Resolution
Clerk's Official Copy
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Carlos A. Gimenez
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RESOLUTION APPROVING THE ALLOCATION OF UNEXPENDED FY 2008-09 DISTRICT DISCRETIONARY RESERVE FUNDS OF DISTRICT 7
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Adopted
Resolution R-123-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A12
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110227
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Resolution
Clerk's Official Copy
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Natacha Seijas
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RESOLUTION APPROVING THE ALLOCATION OF FY 2010-2011 DISTRICT 13 OFFICE BUDGET FUNDS
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Adopted
Resolution R-124-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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11A13 Non-Agenda Item
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110220
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Resolution
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Barbara J. Jordan
Sally A. Heyman
Bruno A. Barreiro
Lynda Bell
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Joe A. Martinez
Jean Monestime
Dennis C. Moss
Natacha Seijas
Rebeca Sosa
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RESOLUTION AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO ALLOW COUNTY EMPLOYEES TO DONATE LEAVE TIME TO THE POLICE OFFICERS ASSISTANCE TRUST (POAT) FUNDS ESTABLISHED FOR THE FAMILIES OF OFFICER CASTILLO AND OFFICER HAWORTH AND TO PERMIT SUCH DONATIONS IN THE FUTURE
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Amended
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REPORT:
(See Non-Agenda Item 11A13 Amended; Legislative File No. 110383)
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2/1/2011
Adopted by the Board of County Commissioners
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11A13 Amended
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110383
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Resolution
Clerk's Official Copy
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Barbara J. Jordan
Bruno A. Barreiro
Lynda Bell
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Joe A. Martinez
Jean Monestime
Dennis C. Moss
Natacha Seijas
Rebeca Sosa
Sen. Javier D. Souto
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RESOLUTION AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO ALLOW COUNTY EMPLOYEES TO DONATE LEAVE TIME TO THE POLICE OFFICERS ASSISTANCE TRUST (POAT) FUNDS ESTABLISHED FOR THE FAMILIES OF OFFICER CASTILLO AND OFFICER HAWORTH AND TO PERMIT SUCH DONATIONS IN THE FUTURE (SEE ORIGINAL ITEM UNDER FILE NO. 110220)
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Adopted as amended
Resolution R-109-11
Mover: Barbara J. Jordan
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
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REPORT:
Non-Agenda Item:
It was moved by Commissioner Jordan that Agenda Item 14A1 which was adopted on February 1, 2011 and assigned R-109-11, be reconsidered. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 12-0 (Commissioner Moss was absent).
Chairman Martinez requested a copy of this item be provided to Board members.
County Manager George Burgess noted that the resolution approved at the previous Board meeting authorized the use of family leave for fallen officers. He said a memorandum presenting a work plan in the event of a future tragedy was provided to commissioners earlier today (2/15), as requested.
Commissioner Gimenez requested clarification on the specific changes made to the item.
County Manager Burgess explained that the following proposed amendments were vetted with representatives from the Miami-Dade Police Department to delete language limiting donations to �two hours per fiscal year� and to replace that language with, �two hours per event;� and to clarify 1) that donations would be capped at $25,000; 2) that holiday leave could be donated for this purpose; 3) that any County employee killed in the line of duty due to a criminal act would be eligible; 4) that the County Administration identify not-for-profit organizations to assist in the disbursements.
The foregoing proposed resolution was adopted as amended to add the following language to the end of Section 1 on handwritten page 5: �The maximum donation per incident, per eligible child under age 18 years shall not exceed $25,000 and the maximum donation per family, exclusive of the amounts donated per child, shall not exceed $25,000. In the event the amount of contributions does not permit the maximum contributions per child and/or families, the monies will be distributed on a pro-rata basis between the children and families,� and to delete the following language from Section 2 on handwritten page 5: �the Police Officers Assistance Trust (POAT) funds established for the families of Officers Castillo and Haworth in this fiscal year� and replace the deleted language with �any funds established in the future for the families of any Miami-Dade County employee who has been killed in the line of duty due to a criminal act with such limitation of two (2) hours of time per event. The maximum donation per incident, per eligible child under age 18 years shall not exceed $25,000 and the maximum donation per family, exclusive of the amounts donated per child, shall not exceed $25,000. In the event the amount of contributions does not permit the maximum contributions per child and/or families, the monies will be distributed on a pro-rata basis between the children and families.�
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11 B
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ADDITIONAL BUDGET ALLOCATIONS
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11B1
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110415
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Report
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ALLOCATION OF (FY) 2010/11 DISTRICT OFFICE BUDGET FUNDS (DISTRICT 1)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 1
No: Seijas
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REPORT:
The following funding allocations were made from fiscal year (FY) 2010/11 District 1 Office Budget Funds as requested by Commissioner Jordan.
$1,260 to Walker�s First Class Catering (services rendered for 5th Annual Senior Valentine Dance)
$1,508.05 to Expenses related to District 1 Holiday Toy Drive
$1,000 to Reimburse P-Card for expenses related to District 1 Holiday Toy Drive (sponsorship funds received from Sun Life Stadium)
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11B2
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110416
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Report
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REIMBURSEMENT FROM COMMUNITY-BASED ORGANIZATION FUNDS - OFFICE ACCOUNT FUNDS (DISTRICT 4)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The following funding allocations were reimbursed from Community Based Organization � District 4 Office Account Funds as requested by Commissioner Heyman.
$50 from Concern Citizens
$250 from Mystic Force Walk-A-Thon
$600 from Fairchild Tropical Gardens
$285 from Lehrman Community Day School
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11B3
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110417
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Report
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ALLOCATION OF (FY) 2010/11 OFFICE FUNDS (DISTRICT 6)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The following funding allocation was made from fiscal year (FY) 2010/11 District 6 Office Funds as requested by Commissioner Sosa.
$1,500 to Big Brothers and Big Sisters of Greater Miami (to fund the�Imagination Event� taking place on March 5, 2011.
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11B4
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110418
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Report
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ALLOCATION OF CARRY-OVER FUNDS (DISTRICT 9)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The following funding allocations were made from District 9 Carry-Over Funds as requested by Commissioner Moss.
$5,000 to South Ridge Civil Air Patrol
$500 to National Kidney Foundation
$300 to Young Marines of Miami-Dade
$300 to Faith Church of the Redlands
$300 to Delta Sigma Theta Sorority, Inc., Miami Alumnae Chapter
For the record, Commissioner Moss asked to rescind the allocation of $10,000 to Richmond Heights Community Development Agency made on 2/01/11 and allocate to Richmond Heights Community Development Corporation.
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11B5
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110419
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Report
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ALLOCATION OF (FY) 2010/11 DISTRICT OFFICE FUNDS (DISTRICT 10)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The following funding allocation was made from fiscal year (FY) 2010/11 District 10 Office Funds as requested by Commissioner Souto.
$600 to Parks Department for rental of shelters to be used by Kendall District Police Station for their Explorers Program
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11B6
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110420
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Report
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ALLOCATION OF (FY) 2010/11 DISTRICT OFFICE BUDGET FUNDS (DISTRICT 12)
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Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The following funding allocation was made from fiscal year (FY) 2010/11 District 12 Office Budget Funds as requested by Commissioner Diaz.
$2,500 to National Kidney Foundation
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12
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COUNTY MANAGER
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12A1
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110270
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING THE SETTLEMENT AGREEMENT OF THE LAWSUIT BETWEEN UNDERGROUND CONSTRUCTION CORPORATION INC., MARKS BROTHERS INC., AND MIAMI-DADE COUNTY(County Manager, County Attorney)
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Adopted
Resolution R-125-11
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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12B1
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110269
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Report
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REPORT ON AUTHORIZED NEGOTIATIONS AND SETTLEMENTS OF ENFORCEMENT ACTIONS OF VIOLATIONS AGAINST MIAMI-DADE COUNTY RESULTING FROM THE OPERATION OF THE COUNTY�S WATER AND SEWER SYSTEM(County Manager)
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Accepted
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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13
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COUNTY ATTORNEY
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14
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ITEMS SUBJECT TO 4-DAY RULE
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14A1
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110202
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING SUBMISSION OF A SUBSTANTIAL AMENDMENT TO MIAMI-DADE COUNTY�S CONSOLIDATED PLAN AND 2010 ACTION PLAN (PLAN) FOR� NEIGHBORHOOD STABILIZATION PROGRAM ROUND 3 (NSP3) FUNDING; AUTHORIZING SUBMISSION TO US HUD WITH MIAMI-DADE COUNTY�S PROPOSED USES OF FUNDS FOR NSP3 AS AUTHORIZED BY DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010 FOR ACTIVITIES DESCRIBED AS ACQUISITION AND REHABILITATION OF MULTI-FAMILY RESIDENTIAL PROPERTIES, DEMOLITION OF BLIGHTED STRUCTURES, AND REDEVELOPMENT OF VACANT LAND; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT THE PLAN TO US HUD FOR NSP3; AMENDS NSP IMPLEMENTING ORDER 2-11 TO INCLUDE NSP3 ALLOCATION, NSP3 EXPENDITURES BY ACTIVITY, AND ALLOWS FOR SELECTION OF REDEVELOPMENT PROJECTS FOR NSP3 FUNDING(Department of Housing and Community Development)
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Adopted
Resolution R-126-11
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 12 - 1
No: Barreiro
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REPORT:
Commissioner Heyman noted each Commission District had legitimate needs for Neighborhood Stabilization Program Round 3 (NSP3) funding. She indicated that she previously requested a report on the methods used to identify the areas selected for funding through the NSP3 funding allocations, which she never received. Commissioner Heyman asked the County Manager to ensure that she received this report as requested.
Commissioner Sosa pointed out that the County consisted of thirteen districts and each district was in need of assistance; however, she suggested that future funding should be directed to a specific area to promote businesses and jobs within that area before expanding to another area. She said that she had already asked the Administration to review the qualification criteria; to evaluate a new designation; and to make recommendations to promote economic development to those areas most in need.
Commissioner Seijas asked County Manager George Burgess to prepare a report for review by the Economic Development & Social Services Committee highlighting the differences in NSP3 funding allocation versus the NSP2 funding allocation, including the differences in the valuations, targets, and plans.
Commissioner Sosa noted the proposal would be discussed by the Economic Development & Social Services Committee once the Administration submitted their recommendations. She said that the 2010 U.S. Census poverty level data identified specific areas which needed additional attention.
Commissioner Seijas recommended that individual portions of the plan be presented as they were completed rather than submitting the entire plan at one time.
There being no further questions or comments, the Commission proceeded to vote.
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2/9/2011
Forwarded to the BCC by BCC Chairman due to lack of a quorum by the Economic Development & Social Services Committee
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14B1
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110353
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Nomination
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BALLOT APPOINTMENTS TO THE MIAMI-DADE COUNTY HOSPITAL GOVERNANCE TASK FORCE (TO BE DELIVERED AT A LATER DATE)(Clerk of the Board)
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4 Day Rule Invoked
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15
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CLERK OF THE BOARD
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15A
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RESOLUTIONS
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15A1
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110267
|
Resolution
Clerk's Official Copy
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RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO INCREASE THE AMOUNT OF THE CONTRACT BETWEEN MIAMI-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER AND NEWVISION SYSTEMS CORPORATION FOR MAINTENANCE AND SUPPORT SERVICES BY $124,250 OVER THE REMAINING THREE (3) YEARS OF THE CONTRACT(Office of Property Appraiser)
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Adopted
Resolution R-127-11
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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15B
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REPORTS
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15B1
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110258
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Report
|
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| |
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| |
PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON FEBRUARY 15, 2011(Clerk of the Board)
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Accepted
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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15B2
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110259
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Report
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| |
COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD
NOVEMBER 18, 2010 (CDMP)(Clerk of the Board)
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Approved
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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15B3
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110260
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Report
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| |
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RESOUTION NO. R2011-01-07 OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, SUPPORTING THE HOMESTEAD MIAMI SPEEDWAY, LLC APPLICATION TO AMEND THE MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN; OBJECTING TO THE RECOMMENDATION OF THE MIAMI-DADE COUNTY PLANNING AND ZONING STAFF AND PLANNING ADVISORY BOARD THAT 298 ACRES OF PROPERTY OWNED BY THE CITY BE EXCLUDED FROM THE URBAN DEVELOPMENT BOUNDARY UNDER THE MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN AS PART OF ITS CONSIDERATION OF AMENDMENTS TO SAID MASTER PLAN; DIRECTING THAT THIS RESOLUTION BE TRANSMITTED TO THE BOARD OF COUNTY COMMISSIONERS; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO PRESENT THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR AN EFFECTIVE DATE(Clerk of the Board)
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Presented
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Mover: Sally A. Heyman
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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REPORT:
Commissioner Heyman asked the County Manager to remember the status of the City Homestead property when negotiating with the City.
There being no further questions or comments, the Commission proceeded to vote.
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15C
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COUNTY ADVISORY BOARD APPOINTMENTS
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15C1
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110261
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Report
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APPOINTMENT OF MEMBER TO THE BOARD OF RULES AND APPEALS
MR. ROCE H. SIMPSON, JR.(Clerk of the Board)
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Appointed
Report
Mover: Rebeca Sosa
Seconder: Carlos A. Gimenez
Vote: 12 - 0
Absent: Moss
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15C2
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112103
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Report
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APPOINTMENT OF DANIELA SALINAS AND ARIELLE DERIVAL TO THE MIAMI-DADE YOUTH COMMISSION
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Appointed
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The Board of County Commissioners accepted the foregoing appointments read into the record by Commissioner Barreiro.
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15C3
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112122
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Report
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APPOINTMENT OF JOSE BARED TO THE AIRCRAFT NOISE ABATEMENT ADVISORY BOARD
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Appointed
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The Board of County Commissioners accepted the foregoing appointment read into the record by Commissioner Barreiro.
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15C4
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112123
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Report
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APPOINTMENT OF ALEJANDRO MORENO TO THE MIAMI-DADE YOUTH COMMISSION
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Appointed
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The Board of County Commissioners accepted the foregoing appointment read into the record by Commissioner Diaz.
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15C5
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112124
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Report
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APPOINTMENT OF PETER TRUPIA TO THE COMMUNITY IMAGE ADVISORY BOARD
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Appointed
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The Board of County Commissioners accepted the foregoing appointment read into the record by Commissioner Edmonson.
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15C6
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112125
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Report
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APPOINTMENT OF CLARENCE MOORE AND CAMONIQUE WHITE TO THE MIAMI-DADE YOUTH COMMISSION
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Appointed
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Seijas
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REPORT:
The Board of County Commissioners accepted the foregoing appointments read into the record by Commissioner Edmonson.
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15C7
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112126
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Report
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APPOINTMENT OF MANUEL BENITEZ TO THE HISPANIC AFFAIRS ADVISORY BOARD
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Appointed
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REPORT:
The Board of County Commissioners accepted the foregoing appointment read into the record by Commissioner Edmonson.
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15D
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COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT
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15E
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MAYOR�S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS
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15F
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NON-AGENDA ITEMS
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15F1
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110512
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Report
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HEALTH AND HUMAN SERVICES COMMUNITY BASED ORGANIZATION FUNDING
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REPORT:
Chairman Martinez advised members of the County Commission that a meeting to discuss Health and Human Services Community Based Organization (CBO) funding would be scheduled on March 3, 2011.
Commissioner Barreiro noted that the CBO appeals process required a $500 informal hearing filing fee and a $3,000 formal hearing filing fee. He pointed out that the informal hearing fee was costly for a non-profit organization, and suggested that the Board consider eliminating the informal hearing fee, and reducing the formal hearing fee to an amount sufficient to cover fixed costs.
Chairman Martinez asked County Manager George Burgess to prepare an analysis to determine the cost of amending the existing legislation to rescind the $500 filing fee for informal hearings incurred by CBOs for the appeals process, as proposed by Commissioner Barreiro. He also asked the Manager to meet with individual commissioners to explain his rationale for award recommendations to CBOs before the next County Commission Meeting.
Commissioner Barreiro noted a three-day window existed for CBOs to request a hearing.
County Manager George Burgess indicated that staff went through an exhaustive CBO evaluation process and that they did not adjust the evaluation committee rankings or ratings. He noted the Request for Proposal (RFP) allowed for protest(s) related to the process and not to the allocation recommendations. County Manager Burgess said he was supportive of waiving the $500 informal hearing fee for CBOs with process-related issues. He advised members of the Commission that CBOs had until Thursday, February 17, 2011, to file protests; and staff was currently working on methods that would assist the Board to resolve some of the identified process problems.
Chairman Martinez stated that Farm Share contacted his office to complain that existing CBOs rated excellent were either cut or denied funding while new CBOs were provided funding.
In response to Commissioner Seijas� question pertaining to the three-day window for CBOs to request a hearing, County Manager Burgess explained that this requirement was established in the RFP.
It was moved by Commissioner Seijas to extend the three-day appeal period until February 25, 2011. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 13-0.
Commissioner Barreiro questioned whether County Manager Burgess had discretion over the informal hearing fee.
It was moved by Commissioner Seijas that the $500 informal hearing fee be rescinded. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 13-0.
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15F2
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120921
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Report
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NON-AGENDA ITEMS
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REPORT:
1) DADE DAYS
Chairman Martinez clarified and the Board concurred that it would be more effective to visit Tallahassee on an as needed basis rather than to participate in the Annual Miami-Dade County Days events.
2) PENSION DISCUSSION
Chairman Martinez noted the Dade Delegation Chairperson would introduce newly elected legislative members at an upcoming Board of County Commissioners� meeting.
Chairman Martinez noted Governor Rick Scott�s Pension Reform was requesting that all employees contribute five-percent of their salary into the Florida Retirement System (FRS) as part of his pension reform initiatives. He said that Assistant County Attorney Jess McCarty and Ms. Jennifer Glazer-Moon, Budget Director, Office of Strategic Business Management, had pointed out that the County paid a seven to twelve percent salary contribution toward an employee�s pension and that the employee paid a five-percent salary contribution to his/her pension; however, the combined contributions exceeded the required total contribution. Chairman Martinez pointed out that this excess contribution was not going to the County; rather the Governor wanted these excess funds to go to the State. Chairman Martinez said that either a particular set of employees were being taxed because they worked for government and contributed toward their pensions or counties participating in the Florida Retirement System were being penalized by paying more than was required.
County Manager George Burgess noted the County paid various rates based upon employee classification in the FRS System. He explained that these rates were calculated based upon actuarial needs and employee contribution rates into the system. County Manager Burgess said that all County employees paid into the system and the proposed bill would reduce State Revenue Sharing as the offset. He pointed out that the overall County contributions combined with the the reduced State Revenue Sharing would divert money from an enterprise operation to State General Revenue.
Commisioner Gimenez indicated that the rationale was to keep the pension system from going broke; however, he added, placing additional funds into General Revenue was an indirect tax that would do nothing to stabilize the pension system.
County Manager Burgess said he believed the State was trying to address the actuarial soundness of the FRS System and at the same time reduce the State�s FRS System�s contribution in order to close the budget gap.
Commissioner Barreiro noted the pension discussion needed to be holistically evaluated and every alternative reviewed. He asked Commissioner Auditor Charles Anderson to prepare a report for the Board to understand and discuss pertinent issues and proposals related to the proposed pension reform process.
3) CHILDREN�S TRUST
Chairman Martinez noted that Governor Charlie Crist did not submit recommendations for the Children�s Trust slate. It was the consensus of the Board to maintain the same list rather than starting a new process.
4) COMPREHENSIVE DEVELOPMENT MASTER PLAN HEARINGS
Chairman Martinez informed the Board of County Commissioners (BCC) that he received notice from the Department of Planning and Zoning requesting that three Comprehensive Development Master Plan (CDMP) hearings be added to the 2011 BCC Calendar:
A) The transmittal hearing for Dolphin Properties for March 3, 2011, immediately following all other items on the regular BCC agenda; and
B) The transmittal hearing for Homestead Speedway for March 22, 2011, at 9:30 a.m.; and
C) The adoption hearing for the Evaluation and Appraisal Report (EAR) for March 23, 2011, at 9:30 a.m.
It was moved by Commissioner Moss to set the three CDMP hearing dates as indicated above. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 13-0.
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16
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ITEMS SCHEDULED FOR THURSDAY
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19
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ADJOURNMENT
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REPORT:
There being no further business, the Board of County Commissioners� meeting was adjourned at 1:50 p.m.
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3
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CONSENT AGENDA
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| 4/25/2024 |
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Agenda Key: 3031 |