Legislative Survey
FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Tuesday, September 20, 2011
As Advertised
Commission Chambers
Disclaimer Minutes Definitions    

Members Present: Barbara J. Jordan; Jean Monestime; Audrey M. Edmonson; Sally A. Heyman; Bruno A. Barreiro; Rebeca Sosa; Xavier L. Suarez; Lynda Bell; Dennis C. Moss; Sen. Javier D. Souto; Joe A. Martinez; Jose "Pepe" Diaz; Esteban L. Bovo, Jr.
Members Absent: None
Members Late: None
Members Excused: None
Members Absent County Business: None

         
MINUTES PREPARED BY:  
  REPORT: COMMISSION REPORTER FLORA REAL  
1A ROLL CALL  
  REPORT: In addition to the members of the Board present at today’s meeting, the following elected official and staff persons were also present:

- Mayor Carlos Gimenez
- County Attorney Robert Cuevas
- Deputy Mayor/County Manager Alina Hudak
- Deputy Mayor/Chief of Staff Genaro “Chip” Iglesias
- First Assistant County Attorney Abigail Price-Williams
- Division Chief Christopher Agrippa, Clerk of the Board
- Deputy Clerks Doris Dickens, Flora Real, and Gene Spencer

Vice Chairwoman Edmonson called the meeting to order at 10:03 a.m., and she invoked a moment of silence followed by the Pledge of Allegiance.
 
1B MOMENT OF SILENCE  
1C PLEDGE OF ALLEGIANCE  
 
1D SPECIAL PRESENTATIONS  
1D1  
  111938 Proclamation     Barbara J. Jordan        
  PRESENTATION OF A PROCLAMATION AND PLAQUE TO CHIEF KARLS PAUL-NOEL Presented
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1F REPORTS OF OFFICIAL BOARDS  
1G MOTION TO SET THE AGENDA AND "PULL LIST"  
  REPORT: County Attorney Robert Cuevas advised that he had the following preliminary matters for the Board’s consideration prior to setting the agenda:

- Commissioner Souto asked that Item 4D be deferred to the next Board meeting of October 4, 2011;
- Commissioner Heyman asked to be listed as a co-sponsor for Item 8D1A; and
- Commissioner Bovo asked to be listed as a co-sponsor for Item 11A1.

County Attorney Cuevas noted the items to be considered at today’s meeting would be those items listed in the printed final agenda with the additions, deferrals, withdrawals, scrivener’s errors noted in the Mayor’s changes memorandum, and those items aforementioned by him. He advised that the Board would approve all of these items with a single vote setting the agenda, except for ordinances on first reading, public hearings, policy matters for discussion by the Board listed under section 6B1 and 6B2 of the agenda, ordinances on second reading, and the following Pull List items: 8C1A, 8D1A, 8O1A and Supplement, 8O1D, 8O1E, 10A1, 11A6, 11A8, 11A9, 14A1, 14A2, 14A3, 14A4, and 14A5.

It was moved by Commissioner Sosa that the Board adopt the agenda with all the changes aforementioned by the County Attorney. This motion was seconded by Vice Chairwoman Edmonson.

Chairman Martinez explained that Items 14A1 through 14A5 were placed in the Pull List pursuant to the 4-day rule of the Board of County Commissioners’ Rules of Procedure. He asked that if any of the members of the Board had questions regarding these items or concerns to either have the items included in the agenda or the Pull List.

There being no objections to Agenda Items 14A1 through 14A5, the items were included in today’s consent agenda. The motion to set the agenda was put to a vote and passed by a vote of 13-0.
 
1H OFFICE OF COMMISSION AUDITOR  
1I OFFICE OF INTERGOVERNMENTAL AFFAIRS  
1I1  
  111918 Report     Joe A. Martinez        
  PROPOSED 2012 STATE LEGISLATIVE AGENDA(Office of Intergovernmental Affairs) Deferred to October 04, 2011
  REPORT: The foregoing item was deferred as requested in Mayor Carlos Gimenez's memorandum dated September 20, 2011, entitled "Changes for the September 20, 2011 BCC Meeting."  
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2C OTHER ISSUES  
3 CONSENT ITEMS  
3O24A  
  111767 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE MAYOR OR MAYOR’S DESIGNEE’S ACTION OF APPLYING FOR, RECEIVING, AND EXPENDING STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT ANTI DRUG ABUSE FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO EXECUTE SUCH CONTRACTS, AGREEMENTS, MEMORANDA OF UNDERSTANDING, AND AMENDMENTS AFTER APPROVAL BY THE COUNTY ATTORNEY; AUTHORIZING THE MAYOR OR THE MAYOR’S DESIGNEE TO APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS THAT MAY BECOME AVAILABLE(Office of Grants Coordination) Adopted
Resolution R-724-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
3O25A  
  111851 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RETROACTIVELY APPROVING A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR UP TO $4,120,000.00 TO RECEIVE CONTINUED FUNDING FROM THE FARM AND RANCH LANDS PROTECTION PROGRAM FOR MIAMI-DADE COUNTY’S PURCHASE OF DEVELOPMENT RIGHTS PROGRAM FUNDED BY THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM AND FURTHER AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ACCEPT AND EXPEND THE FUNDS AWARDED, AND TO ENTER INTO THE COOPERATIVE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO, UPON REVIEW AND APPROVAL BY THE COUNTY ATTORNEY'S OFFICE(Consumer Services Department) Adopted
Resolution R-725-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
4 ORDINANCES FOR FIRST READING  
4A  
  111849 Ordinance   Sally A. Heyman
Lynda Bell
       
  ORDINANCE CREATING SECTION 8A-1.2 OF THE CODE OF MIAMI-DADE COUNTY; REQUIRING RENTAL CAR COMPANIES TO PROVIDE PUBLIC NOTICE OF FEES ASSOCIATED WITH THE USE OF SUNPASS EQUIPMENT, PROVIDING DEFINITIONS; AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: October 24, 2011
Mover: Audrey M. Edmonson
Seconder: Sally A. Heyman
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing ordinance into the record.

There being no comments from the members of the Board or the administration, the Board proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Regional Transportation Committee (RTC) on Monday, October 24, 2011, at 9:30 a.m.
 
4B  
  111929 Ordinance     Sally A. Heyman        
  ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTIONS 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: October 25, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 1
No: Martinez
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing ordinance into the record.

There being no comments from the members of the Board or the administration, the Board proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management and Fiscal Responsibility Committee (IMFRC) on Tuesday, October 25, 2011, at 2:00 p.m.
 
4C  
  111901 Ordinance     Barbara J. Jordan
Audrey M. Edmonson
Jean Monestime
       
  ORDINANCE RELATING TO THE COLLECTION OF DATA FOR A DISPARITY STUDY IN CONNECTION WITH RACE, GENDER AND ETHNIC BASED CONTRACTING PROGRAMS; REQUIRING COUNTY CONTRACTORS TO REPORT THE RACE, GENDER AND ETHNIC MAKEUP OF THE OWNERSHIP OF SUBCONTRACTORS PERFORMING THE WORK; REQUIRING COUNTY CONTRACTORS TO REPORT PAYMENTS MADE TO ALL SUBCONTRACTORS UNDER THE CONTRACT; AMENDING SECTIONS 2-8.1, 2-8.8 AND 10-34 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: October 26, 2011
Mover: Barbara J. Jordan
Seconder: Jean Monestime
Vote: 12 - 1
No: Martinez
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing ordinance into the record.

There being no comments from the members of the Board or the administration, the Board proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Land Use Committee (ILUC) on Wednesday, October 26, 2011, at 2:00 p.m.
 
4D  
  111847 Ordinance     Sen. Javier D. Souto        
  ORDINANCE AMENDING SECTION 19-13(A)(2) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO REQUIRE THE SAME LEVEL OF MAINTENANCE OF RESIDENTIAL LOTS WHETHER IMPROVED OR UNIMPROVED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Deferred to October 04, 2011
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas announced Commissioner Souto, as the sponsor of the item, had requested it be deferred until the next scheduled Board of County Commissioners' meeting of October 4, 2011.  
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  111889 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION CODESIGNATING NW 61ST STREET FROM NW 22ND AVENUE TO NW 27TH AVENUE AS ‘’REVEREND DR. PHILIP CLARKE, JR. STREET’’ Adopted
Resolution R-726-11
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing resolution into the record.

Chairman Martinez opened the public hearing. There being no one wishing to speak, the public hearing was closed, and the Board proceeded to vote.

The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Land Use Committee (ILUC) on Wednesday, October 26, 2011, at 2:00 p.m.
 
5B  
  111853 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime
Barbara J. Jordan
       
  RESOLUTION APPROVING THE NAMING OF THE ARCOLA LAKES HEAD START/EARLY HEAD START CENTER AS THE ''LILLIE M. WILLIAMS HEAD START/EARLY HEAD START CENTER AT ARCOLA LAKES'' AFTER PUBLIC HEARING AND THREE-FIFTHS VOTE OF BOARD MEMBERS PRESENT Adopted
Resolution R-727-11
Mover: Jean Monestime
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Edmonson , Barreiro , Martinez
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing resolution into the record.

Chairman Martinez relinquished the chair to Commissioner Diaz.

Commissioner Diaz opened the public hearing. There being no one wishing to speak, the public hearing was closed, and the Board proceeded to vote.

Chairman Martinez continued chairing the meeting.

At a later time during the meeting, Commissioner Monestime recognized and thanked Ms. Lillie Williams for her work and involvement with the community.

Ms. Williams apologized for her absence at the presentation of the resolution that declared the naming of the Head Start Center as the “Lillie M. Williams Head Start/Early Head Start Center” due to a previous County-related commitment. She asked for the community’s support in her endeavors.
 
5C  
  111623 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF MARTOREL AT CORAL WAY, LOCATED IN THE NORTHEAST ¼ OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 26 STREET, ON THE EAST APPROXIMATELY 1040 FEET WEST OF SW 147 AVENUE, ON THE SOUTH APPROXIMATELY 330 FEET NORTH OF SW 28 STREET, AND ON THE WEST BY SW 149 AVENUE)(Public Works Department) Adopted
Resolution R-728-11
Mover: Sally A. Heyman
Seconder: Joe A. Martinez
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing resolution into the record.

Chairman Martinez opened the public hearing. There being no one wishing to speak, the public hearing was closed, and the Board proceeded to vote.
 
  9/1/2011 Deferred by the Board of County Commissioners  
5D  
  111915 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION ABATING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS HIBISCUS ISLAND OVERHEAD SERVICES RELOCATION IMPROVEMENT SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO. 10-51(Public Works Department) Adopted
Resolution R-729-11
Mover: Bruno A. Barreiro
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the title of the foregoing resolution into the record.

Chairman Martinez opened the public hearing. There being no one wishing to speak, the public hearing was closed, and the Board proceeded to vote.
 
6 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6A RESOLUTIONS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
6B1  
  111817 Discussion Item     Dennis C. Moss        
  MIAMI INTERNATIONAL AIR SHOW Carried over to September 22, 2011
  REPORT: Commissioner Moss requested that Chairman Martinez ask the Beacon Council to have a representative present at the September 22, 2011, Board of County Commissioners’ meeting to answer questions on Agenda Item 6B1 relating to a discussion on the Miami International Air Show (MIAS).  
  9/1/2011 Deferred by the Board of County Commissioners  
6B2  
  111948 Discussion Item     Joe A. Martinez        
  DISCUSSION ITEM RE: RFP 654 HEAVY RAIL Carried over to September 22, 2011
7 ORDINANCES SET FOR SECOND READING  
7A  
  111576 Ordinance     Bruno A. Barreiro        
  ORDINANCE PERTAINING TO ZONING; REGULATING FENCES CHARGED WITH ELECTRICITY; AMENDING SECTION 33-11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 111266] Amended
  REPORT: (SEE RELATED AGENDA ITEM 7A AMENDED, LEGISLATIVE FILE NUMBER 112616, FOR AMENDED VERSION)  
  7/13/2011 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Infrastructure and Land Use Committee  
  8/2/2011 Reconsidered by the Board of County Commissioners  
  9/1/2011 Second Reading Rescheduled by the Board of County Commissioners  
7A AMENDED  
  112616 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  ORDINANCE PERTAINING TO ZONING; REGULATING FENCES CHARGED WITH ELECTRICITY; AMENDING SECTION 33-11 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 111576) Adopted as amended
Ordinance 11-68
Mover: Bruno A. Barreiro
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. She noted the item had a proposed amendment.

It was moved by Commissioner Barreiro that the Board of County Commissioners adopt the foregoing proposed ordinance. This motion was seconded by Commissioner Diaz, and the floor was opened for discussion.

Assistant County Attorney Craig Coller stated that, pursuant to an amendment made at committee to clarify that the language pertained to a pulsating electric fence, the following amendments were recommended:

1. to add language on page two (2) under Subsection (ii) to insert “electrically charged secondary wire fences that are pulsating;” and

2. to add language on page two (2) under Subsection (k) to insert “or combination wire fence and electrically charged secondary wire fence that are pulsating.”

In response to Chairman Martinez’s inquiries, Assistant County Attorney Coller confirmed that warning signs would be posted in three languages, and the liability remained with the property owner as the Board was only acting in a legislative capacity.

In connection with Commissioner Moss’ questions regarding the inclusion of language to codify liability-related issues, Assistant County Attorney Coller explained that the County could not exclude itself from liability by simply making such a statement in the ordinance because the County’s liability under tort law and waiver of sovereign immunity was the same as that of an individual under similar circumstances.

Commissioner Moss reiterated his question regarding whether language could be included in the proposed legislation to clarify that it was the intent of the County that the person who chose to erect the fence would be liable in case of an injury.

Assistant County Attorney Coller replied that such language could be inserted into the legislation, and although it would not hurt, it would not necessarily insulate the County from liability.

Commissioner Moss inquired whether Mr. Coller was aware of any cases which involved accidents in other jurisdictions with similar laws.

Assistant County Attorney Coller replied that he was not aware of such a case, but he believed that representatives of the industry were present in the Chambers and could provide more accurate information on the use of these fences in other jurisdictions.

Commissioner Barreiro concurred with the legal opinion provided by Assistant County Attorney Coller.

Mr. Juan Mayol appeared before the Board on behalf of the industry, and he noted the word “pulsating” indicated the fences were non-lethal. He indicated that the industry was unaware of any serious cases of accidents in this regard, adding that the company retained ownership and the liability of the fences.

Commissioner Heyman spoke in support of the foregoing proposed ordinance, pointing out that Section (k)(8) indicated a building permit was required. She noted the laws pertaining to that type of installation and signage would be upheld by the competent employees in the Miami-Dade Building Department. She advised this was a crime prevention tool, and the installers would adhere to the requirements of the law and its new provisions.

There being no other comments from the members of the Board or the administration, the Board proceeded to vote on the foregoing ordinance as amended by roll call vote.
 
8 DEPARTMENTAL ITEMS  
8A and 8B (No items were submitted for these sections.)  
8C CONSUMER SERVICES DEPARTMENT  
8C1A  
  111717 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION APPROVING AMENDMENTS TO IMPLEMENTING ORDER 4-107 RELATING TO THE FEE SCHEDULE FOR THE CONSUMER SERVICES DEPARTMENT(Consumer Services Department) Adopted
Resolution R-730-11
Mover: Barbara J. Jordan
Seconder: Dennis C. Moss
Vote: 12 - 0
Absent: Suarez
  REPORT: In response to Commissioner Bell’s question, Mr. Mario Goderich, Deputy Director of the Consumer Services Department (CSD), responded the department’s budget reflected 114 employees.

In response to Commissioner Bell’s inquiry as to whether existing personnel would be used to implement the proposed resolution, Mr. Goderich advised that the Fiscal Impact Report indicated the enforcement requirements of the proposed resolution would require half the time of CSD’s employees to verify if the pain clinics were properly registered. He advised that an employee scheduled to be laid-off would be assigned to work in the field confirming registrations and documentation for enforcement purposes since the department was experiencing a manpower reduction in FY11/12.

Commissioner Bell stated that County departments should take into consideration the fiscal impact of these types of resolutions, and that she preferred implementing the foregoing resolution with existing personnel.

Chairman Martinez commended Commissioner Jordan for sponsoring the foregoing resolution, but noted he disagreed with hiring additional employees.

Commissioner Jordan commented that the foregoing legislation intended to control the proliferation of pain clinics.

There being no other comments from the members of the Board or the administration, the Board proceeded to vote.
 
  9/12/2011 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8D ENVIRONMENTAL RESOURCES MANAGEMENT  
8D1A  
  111936 Resolution     Bruno A. Barreiro
Sally A. Heyman
       
  RESOLUTION WAIVING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM’S ADMINISTRATIVE RULES FOR PURPOSE OF DISBURSING BOND FUNDS IN THE AMOUNT OF $1,007,400.00 AS LOCAL GOVERNMENT MATCH TO US ARMY CORPS OF ENGINEERS RELATING TO BBC GOB PROJECT NO. 52 - “BEACH EROSION MITIGATION AND RENOURISHMENT PROJECT”; AND AUTHORIZING MAYOR OR MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING(Department of Environmental Resources Management) Adopted
Resolution R-723-11
Mover: Bruno A. Barreiro
Seconder: Sally A. Heyman
Vote: 11 - 0
Absent: Suarez , Martinez
  REPORT: Commissioner Bell expressed support for the foregoing resolution as beach erosion work was a necessity and a serious concern. She commented on the September 6, 2011, letter received from the U.S. Army Corps of Engineers (Army Corps) informing the County of a possible loss in federal funding and requesting an additional $3 million in matching funds for this project. She expressed concern for the project’s increased cost, and she asked to be provided with an explanation justifying the increase regardless of whether funds were matched or whether the project was funded from the Building Better Communities-General Obligation Bond (BBC-GOB) Program.

Mr. Lee Hefty, Director of Department of Environmental Resources Management (DERM), noted a similar item was presented before the Board in July 2011 to advance funds for this project to the Army Corps; and in late summer, DERM became aware the federal government was requesting an additional $3 million in matching funds to avoid the reversal of federal matching funds. He explained that the Army Corps solicited bids upon receipt of the matching funds in July 2011, but the proposals submitted by contractors were above the estimated project cost. He said the Army Corps intended to negotiate a better price with those contractors, but the price could only be negotiated based on the amount available from both federal and non federal matching funds.

Commissioner Bell expressed support for the foregoing resolution and the importance of the project to the County as a whole. She noted that she anticipated a favorable report on the successful negotiations upon Mr. Hefty’s return before the Board.

Commissioner Bovo commented he had similar concerns regarding the manner in which funds were held hostage at the state and federal levels. He advised that he would support the foregoing resolution, in view of the importance of the project; but he would be monitoring the progress of this project in conjunction with Commissioner Bell.

In response to Commissioner Moss’ inquiry regarding the funding source for this proposed project, Deputy Mayor/County Manager Alina Hudak advised that it was budgeted from the current fiscal year and not the proposed budget.

There being no other comments from the members of the Board or the administration, the Board proceeded to vote.
 
8E thru 8N (No items were submitted for these sections.)  
8O PROCUREMENT MANAGEMENT DEPARTMENT  
8O1A  
  111321 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING AWARD OF COMPETITIVE CONTRACT 9432-4/16 TEMPORARY EMPLOYMENT AGENCY SERVICES IN THE AMOUNT OF $17,808,000 AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE CONTRACT OPTIONS, AND ANY OTHER RIGHTS CONTAINED THEREIN, AWARD SAME, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS [SEE ORIGINAL ITEM #111010](Procurement Management Department) Adopted
Resolution R-731-11
Mover: Barbara J. Jordan
Seconder: Jose "Pepe" Diaz
Vote: 11 - 2
No: Suarez , Martinez
  REPORT: At a later time during the meeting, Chairman Martinez relinquished the chair to Vice Chairwoman Edmonson.

It was moved by Chairman Martinez that the Board of County Commissioners reconsider Agenda Item 8O1A. This motion was seconded by Vice Chairwoman Edmonson; and upon being put to a vote, the motion passed by a vote of 12-0. (Commissioner Bell was absent)

Chairman Martinez resumed chairing the meeting.

In response to Chairman Martinez’s question regarding the annual multiplier rate per employee, Ms. Miriam Singer, Director of the Department of Procurement Management, noted there was no multiplier rate provision included in the foregoing contract. She advised all positions utilizing contract service employees were competitively filled, and the temporary employment agency provided billable hours for each position.

Pursuant to Chairman Martinez’s inquiry, Ms. Singer advised the paying rate for each contract service position differed, and there was approximately an 18% paying rate difference for a procurement position.

Chairman Martinez expressed his concerns regarding the long-term retention of contract services employees, particularly at the Community Action Agency (CAA) when the County was experiencing layoffs, and the large percentage difference between the paying and billable rates.

In response to Commissioner Bovo’s inquiry, Chairman Martinez briefly listed the type of services provided by these employees and the hiring dates.

Commissioner Diaz advised he shared the same concerns for long-term temporary employees, but he felt the contract was a cost savings contract and to the County’s best interest.

In response to Vice-Chairwoman Edmonson’s inquiry regarding the tenure of temporary employees, Ms. Singer advised that such long-term temporary employees could best be characterized as Contract Service Employees, and they supported critical areas of need such as CAA’s Weatherization Program and other critical operational needs in other housing programs as documented in the supplements previously submitted to the Board. She noted the memorandum sent to the members of the Board dated September 1, 2011, at the request of Chairman Martinez, documented contract employees currently employed and each employee’s tenure if hired full-time as of August 17, 2011. She stressed how important it was to hire contract service employees due to flexibility and efficiency factors. Ms. Singer pointed out that the proposed contract would provide good pay rates for those new employees.

In response to Vice Chairwoman Edmonson’s comments opposing the extended retention of contract employees during lay-offs of County employees, Ms. Singer confirmed that these employees had the experience and skills necessary to provide the services required.

Ms. Phyllis Tynes-Saunders, Director of the Department of Human Services, advised that temporary employees working at the meal sites provided basic services to elderly persons such as, serving meals, preparing reports, and ensuring that all activities at the sites were coordinated properly. She advised that, to be more cost effective, the County used contract service employees inasmuch as many of those positions provided services funded by grants, and funding adjustments were easier to make with unfunded programs or those not funded at the same previous year’s funding level.

Pursuant to Vice Chairwoman Edmonson’s inquiry as to whether some of those services could be provided by County employees, Ms. Tynes-Saunders replied that it represented a cost savings in terms of fringe benefits, healthcare insurance, and other costs associated with a permanent County employee since the majority of contract employees were part-time employees.

Responding to County Attorney Cuevas’ question in reference to the motion for reconsideration and whether it was made by a member of the Board on the prevailing side, Division Chief Christopher Agrippa, Clerk of the Board Division, Miami-Dade Clerk of Courts, stated the record reflected the original vote as10-1 with Commissioner Barreiro voting no; and the record reflected Chairman Martinez and Commissioner Suarez were absent.

County Attorney Cuevas clarified that the motion to reconsider the foregoing item needed to be made by a member of the Board on the prevailing side, and Chairman Martinez and Commissioners Barreiro and Suarez could not make that motion.

Following the County Attorney’s clarification, it was moved by Commissioner Bovo that Agenda Item 8O1A be reconsidered by the Board of County Commissioners. This motion was seconded by Commissioner Heyman; and upon being put to a vote, passed by a vote of 13-0.

Commissioner Monestime concurred with the County administration’s recommendation, stating it was a cost effective contract.

Commissioner Sosa commented the foregoing resolution provided flexibility and efficiencies in certain areas of the County’s operations, stressing how important these temporary positions were for the care of senior citizens.

Commissioner Bovo noted he concurred with Commissioner Sosa’s comments.

In response to Commissioner Bovo’s inquiry regarding whether hiring contract employees was more expensive, Ms. Singer advised that the Human Resources Department analyzed 67 of the most frequently hired positions listed in the temporary services contract, comparing them to County positions receiving fringe benefits on July 2011, and it was found that the cost to employ an individual as a County employee would have been 27.5 percent higher.

Discussion ensued regarding the types of positions filled with contract employees.

Commissioner Bell commented that she supported the foregoing resolution as it was fiscally prudent and a very cost effective contract.

In connection with Commissioner Barreiro’s questions regarding the percentage of contract employees employed as full-time and part-time workers, Ms. Singer advised the information could be provided at a later time during today’s meeting; but the calculation would be performed based on Chairman Martinez’s memorandum dated August 17, 2011, requesting that information.

In response to Commissioner Barreiro’s inquiry, Ms. Singer advised that the contractor paid contract employees an hourly rate without fringe benefits; and the only contract employees receiving healthcare benefits were those positions covered by the provisions of the Living Wage Ordinance as the policy of this Board.

Commissioner Barreiro referred to the provisions of a resolution enacted by the Board requiring the status of temporary employees be changed to permanent part-time or permanent full-time after six (6) months of continuous employment and requiring the departments to submit such information to the Office of Management and Budget to determine the status of the temporary services employee.

Ms. Mary Lou Rizzo, Director of Human Resources, advised that departments were required to evaluate the position after six (6) months of employment to determine its continuation in accordance with the ordinance relating to contractual services; and the Human Resources Department was required to further evaluate the position after one (1) year of employment to determine if it would be more appropriate to establish a permanently budgeted position for the contracted services.

In response to Commissioner Jordan’s inquiry regarding whether temporary agencies provided fringe benefits like annual leave to long-term temporary employees, Ms.Singer advised that each temporary agency would have to be contacted individually to obtain that information since it was not a requirement of County contracts to provide those employees with fringe benefits.

Commissioner Jordan spoke in support of the foregoing contract since it was cost effective and provided the County with fixed labor costs, particularly for those positions funded by federal grants. She noted in the past the County was allowed to increase the wages of temporary services employees working for the County.

There being no other comments from the members of the Board or the administration, the Board proceeded to vote.
 
  6/14/2011 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Internal Mgmt. & Fiscal Responsibility Committee  
  7/19/2011 Adopted by the Board of County Commissioners  
  8/2/2011 Deferred by the Board of County Commissioners  
  9/1/2011 Deferred by the Board of County Commissioners  
  9/12/2011 Legislative notes attached by the Commission Auditor  
8O1A SUPPLEMENT  
  111756 Supplement      
  SUPPLEMENT TO RECOMMENDATION TO AWARD CONTRACT 9432-4/16; AGENDA ITEM 801A Presented
  9/1/2011 Deferred by the Board of County Commissioners  
8O1B  
  111859 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS IN THE AGGREGATE AMOUNT OF $4,572,650 WITH KPMG LLP, MARCUM LLP, AND CROWE HORWATH LLP TO OBTAIN EXTERNAL INDEPENDENT AUDITING SERVICES FOR THE AVIATION, WATER AND SEWER, AND TRANSPORTATION SEGMENTS, RESPECTIVELY, 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, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS CONTRACT NOS: RFP796A, RFP796B, AND RFP796C(Procurement Management Department) Adopted
Resolution R-732-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
8O1B SUPPLEMENT  
  111939 Supplement      
  SUPPLEMENT RE: RESOLUTION BY THE CITIZENS' INDEPENDENT TRANSPORTATION TRUST RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A COMPETITIVE CONTRACT AWARD TO OBTAIN EXTERNAL INDEPENDENT AUDITING SERVICES Presented
  9/14/2011 Additions by the Mayor  
8O1C  
  111864 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF $4,800,000.00 WITH MCGLADREY & PULLEN, LLP TO OBTAIN EXTERNAL INDEPENDENT AUDITING SERVICES FOR THE GENERAL SEGMENT, DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND ALL OTHER RIGHTS CONTAINED THEREIN CONTRACT NO. RFP764A(Procurement Management Department) Adopted
Resolution R-733-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
8O1D  
  111788 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN THE ESTIMATED AMOUNT OF $5,000,000.00 BASED ON COMMISSIONS WITH ADVANCED DATA PROCESSING, INC TO OBTAIN EMERGENCY MEDICAL SERVICES BILLING AND COLLECTIONS TO THE MIAMI-DADE FIRE RESCUE DEPARTMENT, WAIVING THE REQUIREMENTS OF SECTIONS 2-8.3 AND 2-8.4 OF THE MIAMI-DADE COUNTY CODE, PERTAINING TO FORMAL BID PROCEDURES AND BID PROTESTS, BY A TWO-THIRD VOTE OF THE BOARD MEMBERS PRESENT, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AN AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN CONTRACT NO. CBW600-0/15(Procurement Management Department) Adopted
Resolution R-734-11
Mover: Barbara J. Jordan
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Suarez
  9/13/2011 Forwarded to BCC with a favorable recommendation by the Internal Mgmt. & Fiscal Responsibility Committee  
8O1E  
  111738 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE AWARD OF CONTRACT NO. 5726-0/17 IN THE AMOUNT OF $7,580,000 FOR RENTAL OF GOLF CARTS, PERSONNEL CARTS AND TURF VEHICLES(Procurement Management Department) Adopted
Resolution R-735-11
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Bell
  REPORT: Commissioner Monestime expressed his concerns for the increased contract price.

In response to Commissioner Monestime’s inquiry, Ms. Miriam Singer, Director of the Department of Procurement Management, advised the foregoing resolution established a six (6) year term contract with the current vendor to lease six (6) types of golf carts for rental purposes at the Miami-Dade Parks & Recreation Department (MDPRD). She explained the current vendor submitted a proposal approximately 20% below other bidders during a very competitive bidding process in 2007, and the vendor found it difficult to maintain the quoted prices during the term of the contract. She indicated that the only proposal received for the current procurement process was submitted by the current contractor, and the department was successful in negotiating lower prices than originally offered taking into consideration that the contract required the replacement of the carts every three years. She noted the rental of the golf carts generated $2.4 million in revenues in FY2009-2010 based on a flat fee rental rate.

Mr. Jack Kardys, Director of the MDPRD, clarified that the $2.4 million revenue was just for carts rentals, and that the green fees totaled $3.5 million. He advised that the department’s staffing level had been significantly reduced, particularly in the golf courses; therefore, the department had moved towards leasing opportunities to ensure continued services. He advised that the foregoing contract was a good investment because the carts were indispensable to play golf, and maintaining a good fleet of golf carts was necessary to generate additional revenues. He indicated that the contract required the golf cart fleet to be replaced with new carts twice over the six (6) year term of the contract. He noted the condition of the golf carts were in dire need of replacement, and the carts would be delivered in approximately sixty (60) days. Mr. Kardys stressed the importance of receiving the new golf carts by the beginning of the golf season, which coincided with the Thanksgiving Holiday.

Pursuant to Commissioner Monestime’s questions in connection with the cost of the contract, Mr. Kardys explained that the purchasing price of the equipment had increased 12 percent, and it was anticipated that the purchase price of the equipment would incur an additional price increase of 12 percent during the course of the next three months. He noted the Consumer Price Index (CPI) was included in the purchase price for the following three (3) years of the six year contract.

Commissioner Moss concurred with staff’s opinion regarding the need to replace the fleet of golf carts.

In response to Commissioner Souto’s question, Ms. Singer clarified that the contract relating to the foregoing resolution was not single sourced; but there was only one response from the solicitation to bid process. She noted a second vendor submitted a bid with a notation stating that the firm made a business decision not to bid at the present time.

Responding to Commissioner Souto’s query regarding the advertisement process of the solicitation to bid, Ms. Singer explained that the administration first posted a draft of the solicitation on their website for two weeks to give the industry the opportunity to comment. Then, they issued a solicitation through e-procurement to allow any interested vendors to submit a bid; and in addition, they posted the information about the contract for three weeks or more on their website.

In connection with Commissioner Bovo’s questions, Mr. Kardys advised that the revenues realized were primarily from the rental of golf carts at the golf courses and not from other facilities using this type of equipment. He also noted that Vizcaya Museum and Zoo Miami staff utilized the carts for maintenance purposes and private tours.

There being no other comments from the members of the Board or the administration, the Board proceed to vote.
 
  9/13/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Internal Mgmt. & Fiscal Responsibility Committee  
8O1F  
  111855 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION REJECTING ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR PROPOSALS NO. 709; WAIVING SECTION 2-8.4 OF THE CODE OF MIAMI DADE COUNTY AND ADMINISTRATIVE ORDER 3-21 PERTAINING TO BID PROTEST PROCEDURES BY A TWO THIRDS VOTE(Procurement Management Department) Adopted
Resolution R-736-11
Mover: Jose "Pepe" Diaz
Seconder: Lynda Bell
Vote: 12 - 1
No: Edmonson
  REPORT: Agenda Item 8O1F was adopted as part of the Consent Agenda; and at a later time during the meeting, it was moved by Vice Chairwoman Edmonson that the Board reconsider Agenda Item 8O1F to enable her to cast a “no” vote. This motion was seconded by Chairman Martinez; and upon being put to a vote, the motion passed by a vote of 13-0.

It was moved by Commissioner Diaz that the Board of County Commissioners adopt the foregoing resolution. This motion was seconded by Commissioner Bell; and upon being put to a vote, the motion passed by a vote of 12-1 (Vice Chairwoman Edmonson voted “no”.)
 
  9/12/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Regional Transportation Committee  
9 ADDITIONAL DEPARTMENTAL ITEMS  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
10A1  
  111919 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING ISSUANCE OF MIAMI-DADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY SOLID WASTE DISPOSAL REVENUE BONDS (WASTE MANAGEMENT, INC. PROJECT), IN ONE OR MORE SERIES, IN AN AMOUNT NOT TO EXCEED $75,000,000 TO FINANCE CAPITAL PROJECTS FOR PURPOSES OF AND PURSUANT TO SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED(Industrial Development Authority) Adopted
Resolution R-737-11
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Monestime , Suarez
  REPORT: It was moved by Commissioner Heyman that the Board of County Commissioners adopt the foregoing resolution. This motion was seconded by Vice Chairwoman Edmonson, and the floor was opened for discussion.

In connection with Commissioner Bell’s inquiry, Deputy Mayor Edward Marquez confirmed that the revenues realized from holding the bonds were $62,500 for a liaison operations fee, $12,500 for the first year’s annual monitoring fee, and $5,000 for legal fees.

There being no other comments from the members of the Board or the administration, the Board proceeded to vote.
 
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  111845 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz
Rebeca Sosa
Esteban L. Bovo, Jr.
Lynda Bell
Barbara J. Jordan
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION STRENGTHENING FLORIDA LAW RELATED TO HUMAN TRAFFICKING AND SEX TRAFFICKING CONSISTENT WITH LEGISLATION PASSED EARLIER THIS YEAR BY THE GEORGIA GENERAL ASSEMBLY Adopted
Resolution R-750-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11A2  
  111871 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION OPPOSING STATE BAILBOND LEGISLATION THAT WOULD PLACE ARBITRARY STATUTORY RESTRICTIONS ON PRETRIAL SERVICES PROGRAMS; IDENTIFYING DEFEAT OF SUCH BAILBOND BILLS AS A CRITICAL PRIORITY FOR THE 2012 SESSION Adopted
Resolution R-738-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11A3  
  111886 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING THE CITY OF MIAMI CODESIGNATION OF NW 29TH STREET FROM NW 5TH AVENUE TO NW 7TH AVENUE AS ''LAGUNA WAY'' Adopted
Resolution R-739-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11A4  
  111888 Resolution     Audrey M. Edmonson        
  RESOLUTION APPROVING THE CITY OF MIAMI CODESIGNATION OF NW 55 STREET FROM NW 12 AVENUE TO NW 16 AVENUE AS ''FRANK LEGREE, JR. STREET'' Adopted
Resolution R-740-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11A5  
  111921 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION URGING THE FLORIDA LEGISLATURE NOT TO PASS STATE LEGISLATION RELATED TO IMMIGRATION, WHILE SUPPORTING COMPREHENSIVE IMMIGRATION REFORM AT THE FEDERAL LEVEL Adopted
Resolution R-741-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11A6  
  111256 Resolution     Barbara J. Jordan
Jose "Pepe" Diaz
Audrey M. Edmonson
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF EDUCATION TO PASS LEGISLATION AND PROMULGATE REGULATIONS, RESPECTIVELY, REQUIRING THAT PUBLIC SCHOOLS BE AUTHORIZED AND DIRECTED TO AWARD HIGH SCHOOL DIPLOMAS TO STUDENTS PARTICIPATING IN A HOME EDUCATION PROGRAM (“HOME SCHOOLED STUDENTS”) MEETING CERTAIN CRITERIA SET FORTH BY THE FLORIDA LEGISLATURE; AND FURTHER URGING MIAMI-DADE COUNTY SCHOOLS TO PROVIDE FOR THE AWARD OF MIAMI-DADE COUNTY SCHOOL BOARD HIGH SCHOOL DIPLOMAS TO HOME SCHOOLED STUDENTS HAVING MET THE CRITERIA SET FORTH BY THE FLORIDA LEGISLATURE The motion that this item be Amended failed
Mover: Barbara J. Jordan
Seconder: Jose "Pepe" Diaz
Vote: 6 - 7
No: Edmonson , Heyman , Sosa , Moss , Souto , Martinez , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas announced that the County Attorney’s Office had recommended amendments to the foregoing proposed resolution.

It was moved by Commissioner Jordan that the Board adopt the foregoing proposed resolution. This motion was seconded by Commissioner Diaz, and the floor was opened for discussion.

Commissioner Sosa commented that she was unsupportive of the foregoing resolution for the following reasons:

1. the parents of home-schooled students were not asked if they wanted their children to be administered the Florida Comprehensive Assessment Test (FCAT) in order to be awarded a regular diploma since the State of Florida’s regulations prohibited institutions from awarding that certificate unless the FCAT was taken;

2. the question as to whether the academic performance of home-schooled students would be as good as that of students attending regular classroom classes remained unanswered;

3. no information was available addressing funding related issues, the cost of the program to taxpayers, and whether the state would be asked to share the costs;

4. the costs of implementing these requirements should not be imposed on taxpayers;

5. the question regarding the precedent it would establish remained unanswered; and

6. this Board should not sponsor a mandate to another legislative body.

Assistant County Attorney Cynthia Johnson-Stacks advised the proposed amendments were as follows:

1. to add Whereas clause number 3: “Whereas the legislation also provides for students in a home education setting to be evaluated once a year to demonstrate educational progress at a level equivalent to his/her abilities;”

2. to add Whereas clause number 4: “Whereas the parent/guardian selects the method of evaluation from those provided in the Florida statutes and files a copy of the evaluation annually in the Superintendent’s Office;” and

3. to add under Section 1, line 5, in the body of the item after the word legislation the following language: “to include passing of the Florida Comprehensive Assessment Test (FCAT) and require end of the year course assessments, educational benchmarks, portfolio submission, review, and approval by the local School Board designee, urging the Florida legislation to provide 50% Full-Time Enrollment (FTE), equivalent funding to local school boards per home-schooled students seeking a diploma.”

Vice Chairwoman Edmonson noted she was under the impression the sponsor of the foregoing resolution had discussed this proposed legislation with the School Board’s administration prior to having the item presented before the Board of County Commissioners at the time she co-sponsored the item.

Pursuant to Vice Chairwoman Edmonson’s inquiry, Ms. Iraida Mendez-Cartaya, Assistant Superintendent of Schools for the Office of Intergovernmental Affairs, Grants Administration and Community Engagement, advised that the School Board had previously expressed their concerns for this legislation as originally drafted. She noted the resolution as originally proposed failed to address issues relating to equity of students, objectivity regarding whether a student had met the established skills, and other logistical funding related issues. She stated the School Board supported the legislation as amended by the sponsor since it included the requirement of FCAT, the end of course exams, and the FTE funding.

Vice Chairwoman Edmonson stated she would continue to co-sponsor the foregoing proposed resolution based on Ms. Mendez-Cartaya’s testimony.

Pursuant to Chairman Martinez’s inquiry relating to Ms. Mendez-Cartaya’s electronic correspondence in support of the item as presented by Commissioner Jordan, Ms. Mendez-Cartaya advised that the sponsor made amendments in addition to those proffered by the School Board to improve the legislation.

Commissioner Bell withdrew her co-sponsorship from the proposed resolution, noting she supported the original version.

Pursuant to Commissioner Bell’s inquiry, Ms. Mendez-Cartaya advised that she represented the position of the Office of the Superintendent on this issue; and the School Board’s legislative body had not provided an official position.

Commissioner Bell noted she preferred the School Board’s legislative body be placed on record in an official position on this issue. She commented that she opposed the 50 percent FTE funding since it placed a heavier burden on the parents of home-schooled students as opposed to those students in a traditional school setting. Currently, every parent of home-schooled children registered with the County their intent to home-school their children, and tested their children yearly usually through a home-school program, she added. Commissioner Bell expressed the belief that these amendments were a back-handed way to put an end to home-schooling.

Commissioner Bell expressed support for the proposed resolution, as originally presented, noting it did not impose double testing on the home-schooled students to please the Miami-Dade School Board. She expressed her discontent for imposing double testing on home-schooled students to receive a high school diploma.

Commissioner Heyman expressed concern for the process, noting that the County Commission was urging the Florida Legislation to take action on a School Board related issue when the jurisdictional government body had not taken an official position.

Ms. Mendez-Cartaya advised that, even though the School Board had not taken an official position, the amendments proffered established student equity and objectivity by requiring all students receiving a standard high school diploma to take and pass the FCAT, the end of course exams in certain grade levels and academic subjects, and the same required assessments.

Commissioner Heyman asked that the foregoing proposed resolution be deferred to allow the School Board an opportunity to provide an official position on this matter.

Commissioner Jordan explained that the proposed resolution was prepared in response to a request from the parent of a home-schooled student residing in her County Commission District asking that her child be awarded a regular high school diploma. She added that initially the School Board had no concerns, but later on the Superintendent of Schools requested to defer the item and meet with her to address issues of concern.

Commissioner Jordan explained the proposed resolution gave parents a choice and did not mandate that home-schooled students receive a regular diploma; but if a student wished to be awarded a regular diploma, the same requirements applicable to students attending public schools would be applied to home-schooled students in order to certify those students met the same level of academic achievement. She noted the amendments created equity and recognized the efforts of school officials who ensured all students were at the established level of skills.

Commissioner Diaz expressed his support for the proposed legislation as originally drafted in order to help those students choosing an alternative schooling system due to disabilities or for religious reasons, and he asked Commissioner Jordan to reevaluate her amendments.

Commissioner Barreiro advised that he supported the item except for the FTE reimbursement requirement, and that he concurred with the testing requirements for academic achievement.

In response to Commissioner Jordan’s question as to whether he wished to proffer an amendment, Commissioner Barreiro proposed to delete the FTE reimbursement requirement provision and to maintain the cost of testing.

Commissioner Jordan accepted the amendments.

Pursuant to Chairman Martinez’s question for clarification of the amendments, Assistant County Attorney Johnson-Stacks responded that the legislation urged the Florida Legislature to require the payment of the cost of testing.

In response to Chairman Martinez’s comments as to whether the amendments imposed additional costs on the parents of home-schooled parents who already paid taxes towards the School Board, Assistant County Attorney Johnson-Stacks advised that the proposed resolution as amended required additional payment for the cost of testing.

Commissioner Jordan noted she would agree to removing the FTE requirement as that amendment was suggested by the Superintendent of Schools to recognize the time school personnel spent working with students to verify all students were at the same level of academic achievement.

In response to Chairman Martinez’s inquiry regarding the proposed amendments, Assistant County Attorney Johnson-Stacks stated that reference to the provisions relating to the FTE reimbursement requirement and the cost of testing were deleted from the proposed resolution.

Commissioner Sosa commented she maintained her initial recommendation because it was a School Board related issue, and she recommended that the sponsor of the proposed recommendation meet with the legislative body of the School Board to ask for an official position on the foregoing resolution. Commissioner Sosa reiterated that she was unsupportive of the proposed resolution, and she suggested a protocol and process be established first.

Commissioner Bell concurred with the deletion of the FTE reimbursement provision, and she recommended that the requirement for an annual evaluation be removed to eliminate redundancy if home-schooled students were already tested. She also suggested that Commissioner Jordan meet with the School Board’s legislative body, representatives of three (3) home school organizations, as well as members of this Board to address issues pertinent to their particular areas, and to make this resolution legislatively and not administratively driven. She emphasized that she agreed with accountability and testing to show the level of success attained with the students.

Commissioner Bell suggested that the foregoing resolution be amended to have the annual evaluation requirement deleted.

In response to Commissioner Moss’ inquiry, Ms. Mendez-Cartaya explained that the FTE reimbursement requirement was part of the funding formula for the Florida Education Finance Program (FEFP). She advised that currently neither the school districts nor parents received funding for home-schooled students; however, the proposed resolution as presented would include home-schooled students in the funding formula and would provide the School Board with a portion of the FTE funds to administer the program and to ensure the requirements of the FCAT and assessments were enforced.

Commissioner Moss noted he was unsupportive of the foregoing resolution as amended by the members of the Board because the support of the Superintendent of Schools was based on the inclusion of the provisions deleted. He also expressed concern for this Board’s involvement in issues relevant to another legislative body such as the School Board without knowing their position on the item as amended. Therefore, this Board should not consider this resolution without an official position from the School Board’s legislative body, he added.

Vice Chairwoman Edmonson withdrew her co-sponsorship from the foregoing proposed legislation.

Chairman Martinez noted the Board of County Commissioners should not be legislating on a School Board related issue.

Commissioner Jordan advised the proposed resolution was prepared in response to a request emanating from her constituents, and she noted the line was crossed by this Board frequently when considering urgings to other legislative bodies. She pointed out that each member of the County Commission represented an entire County Commission District, which included schools and the parents residing in those districts.

Pursuant to Chairman Martinez’s request, Assistant County Attorney Johnson-Stacks advised the proposed amendments to the foregoing resolution were as follows:

1. to add Whereas clause number three (3): “Whereas the legislation also provides for a student in a home education setting to be evaluated once a year to demonstrate educational progress at a level equivalent to his/her abilities;

2. to add Whereas clause number four (4): “Whereas a parent/guardian selects the method of evaluation from those provided by the Florida Statutes then files a copy of the evaluation annually in the Superintendent’s Office; and

3. to add under Section 1, line 5, in the body of the item after the word legislation the following language: “to include passing of the Florida Comprehensive Assessment Test (FCAT) and require end of course assessments, educational benchmarks, portfolio submission and review, and approval by the local School Board designee.

Upon concluding the foregoing discussion and hearing no other comments or concerns from the members of the Board or the administration, the Board proceeded to vote on the foregoing resolution as amended by roll call.
 
  6/21/2011 Deferred by the Board of County Commissioners  
  7/7/2011 Deferred by the Board of County Commissioners  
11A7  
  111606 Resolution     Joe A. Martinez        
  RESOLUTION APPROVING THE ALLOCATION OF UNSPENT FY 2008-09 DISTRICT 11 DISCRETIONARY FUNDS AND FY 2010-11 OFFICE BUDGET FUNDS Withdrawn
  REPORT: The foregoing item was withdrawn as requested in Mayor Carlos Gimenez's memorandum dated September 20, 2011, entitled "Changes for the September 20, 2011 BCC Meeting."  
  9/1/2011 Deferred by the Board of County Commissioners  
11A8  
  111562 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION APPROVING AGREEMENTS RELATED TO GRANT IN AMOUNT OF $2,000,000 FOR DISTRICT 9 TO VILLA CAPRI ASSOCIATES, LTD. FOR DEVELOPMENT OF TWO-HUNDRED AND TWENTY AFFORDABLE RENTAL MID-RISE APARTMENT UNITS FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NUMBER 249 – ''PRESERVATION OF AFFORDABLE HOUSING UNITS AND EXPANSION OF HOME OWNERSHIP''; AND PROVIDING THAT SUCH GRANT SHALL BE FUNDED OVER FORTY-FIVE MONTHS FROM NEXT BUILDING BETTER COMMUNITIES BOND SALE AS CASH FLOWS REQUIRE [SEE ORIGINAL ITEM UNDER FILE NO. 111457] Adopted
Resolution R-749-11
Mover: Dennis C. Moss
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Suarez
  REPORT: Commissioner Bell expressed her support for the foregoing proposed resolution, and she commented that projects already started should be fully supported.

Commissioner Heyman referenced a supplement item distributed at today’s meeting in connection with the foregoing resolution and quoted the last line of Paragraph Number 2 stating “to date the project had not been submitted for underwriting.” She said that the statement made the project seem like it was not shovel ready because it was not submitted to underwriting.

Ms. Jennifer Moon, Budget Director of the Office of Management and Budget, advised that it was the contractor’s responsibility to submit the project for underwriting; and the subject project was excluded from the proposed budget for FY11/12 because it was deemed unnecessary to allocate funds upfront. She noted the County’s administration was aware the Board wished to discuss the timeline of projects relative to the Building Better Communities-Government Obligation Bonds (BBC-GOB) as previously discussed at the last Board and First Budget meetings. Ms. Moon indicated that a list of projects would be approved as part of the budget at the September 22, 2011, Board meeting; and thelist was prepared outlining the GOB projects and their timelines, as well as the projects affected by the millage rate reduction approved by the Board in previous years.

Commissioner Heyman questioned the feasibility of the County providing assistance to contractors in terms of matching funds to expedite the underwriting process.

Ms.Wendi Norris, Director of the General Services Administration (GSA), responded that the funding agreements were contingent on whether the project received a favorable recommendation in the underwriting process.

Ms. Moon advised that, if the Board approved this resolution today, an adjustment to the budget would have to be made and submitted for approval at the September 22, 2011, Board meeting.

Commissioner Heyman questioned if any other commissioner wished to protest the subject project not having been submitted to the underwriting process.

In response to Commissioner Heyman’s inquiry regarding the status of the underwriting process for the subject project, Mayor Gimenez advised that the developer had to select an underwriting firm from the County’s pool of underwriters and pay for the services.

Commissioner Heyman inquired whether it was premature for the Board to be considering the present item, as the project had not yet been underwritten.

In connection with Commissioner Heyman’s inquiry, Deputy Mayor Edward Marquez responded the underwriting process of the project must be completed before the County approved bond financing.

In response to Commissioner Moss’ inquiry as to whether all projects were subject to the same underwriting process, Ms. Norris responded that projects funded by the BBC-GOB Program, Project Number 249, were subject to the same underwriting procedures.

Chairman Martinez noted the County’s administration failed to follow the appropriate agenda approval process before the foregoing resolution was placed on the agenda. Therefore, he had not approved the item to be placed on the agenda; and the supplemental item was not included in the agenda package.

Commissioner Barreiro commented that he believed the underwriting process of housing projects began after the list of projects was approved by the Board.

In response to Commissioner Moss’ inquiry, Mr. Lenny Wolfe, President of Cornerstone Group Inc., 2100 Hollywood Boulevard, Hollywood, Florida, noted the project was shovel ready and building permits would be available within 30 to 45 days after the financing of the project became available. He stated his firm was ready to sign an agreement with the County, and his firm was already engaged in the underwriting process with Seltzer Management Group at the state level for the Florida Housing projects for this community. He said that he was under the understanding that the County intended to benefit from the underwriting process for the Florida State Housing projects, and he also noted the project was ready for commencement with ongoing construction on the adjacent site.

Ms. Norris clarified that, in the past, this Board had approved projects contingent upon favorable underwriting.

Commissioner Moss stated that he submitted to all members of the Board an aerial photo of the project clearly showing it was shovel ready and that Phase III was already under construction. He noted this project created affordable housing, jobs, and economic development in this community in a socio-economically distressed area. Commissioner Moss asked the members of the Board to support the foregoing subject project.

Assistant County Attorney Monica Rizzo corrected a scrivener’s error on handwritten page three (3) in the first Whereas clause to replace the dollar amount of $10,592,307 with the dollar amount of $2,000,000.

There being no other comments from the members of the Board or the County administration, the Board proceeded to vote.
 
  7/13/2011 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Infrastructure and Land Use Committee  
  9/1/2011 Deferred by the Board of County Commissioners  
11A9  
  111783 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Sally A. Heyman
Rebeca Sosa
Sen. Javier D. Souto
Bruno A. Barreiro
       
  RESOLUTION DECLARING THE FIRST WEEK IN DECEMBER AS ''MIAMI-DADE COUNTY AIDS AWARENESS WEEK'' Adopted
Resolution R-742-11
Mover: Rebeca Sosa
Seconder: Joe A. Martinez
Vote: 13 - 0
  REPORT: Chairman Martinez recognized Ms. Aketa Villamizar (phonetic) and Mr.Rene Llenesterosa (phonetic), who were present at today’s meeting on behalf of Ms. Lillie Williams, for representing the State of Florida Health Department as it related to the resolution that declared the first week in December as “Miami-Dade County AIDS Awareness Week.”  
  9/13/2011 Forwarded with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
11A10  
  111951 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson
Joe A. Martinez
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE PENALTIES FOR THE ILLEGAL PURCHASE OF SCRAP METALS; OPPOSING STATE PREEMPTION OF LOCAL SCRAP METAL ORDINANCES Adopted
Resolution R-751-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
11 B ADDITIONAL BUDGET ALLOCATIONS  
12 COUNTY MANAGER  
13 COUNTY ATTORNEY  
13A1  
  111927 Resolution      
  RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY, AND JOHNSON CONTROLS, INC. TO RESOLVE OUTSTANDING LITIGATION FOR MUTUAL RELEASES OF ALL CLAIMS AND A PAYMENT TO THE COUNTY OF $4,000,000(County Attorney) Withdrawn
  REPORT: SEE AGENDA ITEM 13A1 SUBSTITUTE, LEGISLATIVE FILE NUMBER 111941.  
13A1 SUBSTITUTE  
  111941 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY, AND JOHNSON CONTROLS, INC. TO RESOLVE OUTSTANDING LITIGATION FOR MUTUAL RELEASES OF ALL CLAIMS AND A PAYMENT TO THE COUNTY OF $4,000,000 (SEE ORIGINAL ITEM UNDER FILE NO. 111927)(County Attorney) Adopted
Resolution R-743-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  111933 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION APPROVING CONFIDENTIAL PROJECT NO 11-00454 AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO FLORIDA STATUTE 288.106; CONFIRMING THAT THE COMMITMENTS OF LOCAL FINANCIAL SUPPORT NECESSARY FOR CONFIDENTIAL PROJECT NO. 11-00454 EXIST; AND PROVIDING AN APPROPRIATION OF UP TO $80,800 FROM GENERAL REVENUE FUNDS AS LOCAL PARTICIPATION IN THE STATE OF FLORIDA QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM FOR FISCAL YEARS 2012 THROUGH 2018, INCLUSIVE, OR OVER A TIME PERIOD AS DETERMINED BY THE STATE OF FLORIDA IN ITS APPROVAL OF CONFIDENTIAL PROJECT NO. 11-00454 APPLICATION WITH THE PROVISION THAT ANY TAX ABATEMENT GRANTED TO CONFIDENTIAL PROJECT NO. 11-00454 UNDER FLORIDA STATUTE 196.1995 REDUCES ANY QUALIFIED TARGET INDUSTRY TAX REFUND TO CONFIDENTIAL PROJECT NO.11-00454 BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED, IN COMPLIANCE WITH FLORIDA STATUTE 288.106(6)(D); AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO MAKE MODIFICATIONS INCLUDING CHANGES TO DATES FOR JOB CREATION AND DISBURSEMENT OF INCENTIVE AWARDS IF IN THE BEST INTEREST OF THE COUNTY AND EXECUTE ALL CONTRACTS, AGREEMENTS, AND AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 111704](Ofc of Economic Development & International Trade) Adopted
Resolution R-744-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  9/14/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Economic Development & Social Services Committee  
14A2  
  111801 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SHAW ENVIRONMENTAL, INC. FOR CRANE PROGRAM ENGINEERING SERVICES IN THE AMOUNT OF $2,475,000, CONTRACT NO. E10-SEA-01; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY TERMINATION AND RENEWAL PROVISIONS THEREIN(Seaport Department) Adopted
Resolution R-745-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  9/14/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Economic Development & Social Services Committee  
14A3  
  111785 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING DESIGN-BUILD SERVICES CONTRACT NO. DB09-WASD-05 ARRA IN THE AMOUNT OF $20,474,369.57 TO POOLE & KENT COMPANY OF FLORIDA FOR IMPROVEMENTS TO THE EXISTING CO-GENERATION FACILITY AT THE SOUTH DISTRICT WASTEWATER TREATMENT PLANT; AND AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO EXECUTE SAME AND EXERCISE THE PROVISIONS CONTAINED THEREIN(Water & Sewer Department) Adopted
Resolution R-746-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  9/14/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Infrastructure and Land Use Committee  
14A4  
  111949 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE AN AGREEMENT WITH FLORIDA EAST COAST RAILWAY, LLC (''FEC'') TO ALLOW THE FEC TO OVERSEE ON THE COUNTY'S BEHALF CERTAIN REPAIRS AND IMPROVEMENTS TO RAIL FACILITIES AT THE PORT OF MIAMI [SEE ORIGINAL ITEM UNDER FILE NO. 111909](Seaport) Adopted
Resolution R-747-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  9/14/2011 Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments by the Economic Development & Social Services Committee  
14A5  
  111795 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Rebeca Sosa
       
  RESOLUTION AUTHORIZING EXECUTION OF A TRANSFER AGREEMENT FOR TRANSIT PATRONS BETWEEN MIAMI-DADE COUNTY AND MIAMI TRANSIT SYSTEMS, INC. D/B/A CONCHITA TRANSIT EXPRESS; AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXERCISE THE PROVISIONS CONTAINED THEREIN; AND AUTHORIZING APPROVAL TO ENTER INTO FUTURE SIMILAR AGREEMENTS WITH OTHER LOCAL JITNEY COMPANIES(Miami-Dade Transit) Adopted
Resolution R-748-11
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  9/12/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Regional Transportation Committee  
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  111897 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON SEPTEMBER 20, 2011(Clerk of the Board) Accepted
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
15B2  
  111898 Report      
  PROPOSED BOUNDARY CHANGES TO THE CITY OF FLORIDA CITY, ANNEXATION AREA H(Clerk of the Board) Accepted
Mover: Rebeca Sosa
Seconder: Audrey M. Edmonson
Vote: 13 - 0
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15E MAYOR’S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
19A ADJOURNMENT  
  REPORT: Chairman Martinez recessed the Board of County Commissioners’ meeting at 12:39 p.m. until Thursday, September 22, 2011, at 3:30 p.m. to reconvene today at 2:00 p.m. as a Board of County Commissioners Committee of the Whole to consider the Mayor’s Consolidation and Restructuring Plan.  
3 CONSENT AGENDA  


10/24/2014       Agenda Key: 3117

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