Legislative Survey
FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Thursday, November 03, 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

         
1 MINUTES PREPARED BY:  
  REPORT: Alan Eisenberg, Commission Reporter
(305) 375-2510
 
1A ROLL CALL  
  REPORT: Chairman Martinez called the meeting to order at 10:28 a.m.

The following staff members were present: Mayor Carlos Gimenez; Deputy Mayor/County Manager Alina Hudak; Deputy Mayor Jack Osterholt; Director of Policy and Legislative Affairs Inson Kim; County Attorney Robert Cuevas; First Assistant County Attorney Abigail Price-Williams; Assistant County Attorneys Geri Bonzon-Keenan, Gerald Sanchez, Oren Rosenthal, Hugo Benitez, Jess McCarty, and Gerald Heffernan; Clerk of the Courts Harvey Ruvin; Clerk of the Board Division Chief Christopher Agrippa; and Deputy Clerks of the Board Doris Dickens and Alan Eisenberg.
 
1B MOMENT OF SILENCE  
  REPORT: The Board convened in a moment of silence, followed by the Pledge of Allegiance.  
1C PLEDGE OF ALLEGIANCE  
 
1D SPECIAL PRESENTATIONS  
1D1  
  112147 Special Presentation     Joe A. Martinez        
  PRESENTATION BY THE BEACON COUNCIL REGARDING THE ONE COMMUNITY ONE GOAL INITIATIVE Deferred to December 06, 2011
1D2  
  112266 Commendation     Dennis C. Moss
Joe A. Martinez
       
  COMMENDATION TO KATHY AND RON MEDFORD FOR OUTSTANDING VOLUNTEERISM AT ZOO MIAMI Presented
1D3  
  112300 Resolution of Sympathy     Esteban L. Bovo, Jr.        
  SYMPATHY RESOLUTION TO THE FAMILIES OF JULIAN SOLER AND KENNIA DURAN Presented
1D4  
  112301 Resolution of Sympathy     Esteban L. Bovo, Jr.        
  SYMPATHY RESOLUTION TO LAS DAMAS DE BLANCO (LADIES IN WHITE) , IN THE MEMORY OF LAURA INES POLLAN Presented
1D5  
  112302 Special Presentation      
  PRESENTATION BY THE ASIAN AFFAIRS ADVISORY BOARD(Office of Community Advocacy) Presented
  REPORT: Ms. Lisa Hu Barquist, Asian Affairs Advisory Board Chairwoman introduced Vice Chairman Ahmed Tavakoly and Executive Committee Members Barnaby Min and Shawn Khosravi, along with Honorary Board Member George Yap. She informed commission members that Executive Director Mohammad Shakir was not present today due to medical reasons. Ms. Barquist proceeded to present a video depicting the activities of the Advisory Board and the Friends of the Advisory Board, a 501(c) (3) not-for-profit organization created to support the Board’s fundraising efforts.

Chairman Martinez and Commissioners Moss, Sosa and Jordan commended the Board for the diversity of their accomplishments on behalf of the community.
 
1D6  
  112303 Special Presentation      
  PRESENTATION BY THE HISPANIC AFFAIRS ADVISORY BOARD(Office of Community Advocacy) Presented
  REPORT: Ms. Magali Abad, Hispanic Affairs Advisory Board Chairwoman noted Executive Director Maria Lazo was attending today’s meeting; however, other Board Members were involved in community activities. She proceeded to present a report describing the activities of the Hispanic Affairs Advisory Board over the previous two years. Ms. Abad noted the Board met on the second Tuesday of each month at 6:00 p.m. with public hearings for one hour preceding each meeting. She invited commissioners and their staff to participate in these meeting. Ms. Abad noted the Hispanic population was the most rapidly growing population in the United States. She noted the Board partnered with many community agencies and organizations to deliver its services throughout the County and Board Member Jorge Iglesias hosted a radio program which provided information to the community on various topics, including voter registration, immigration, public housing, and health and education issues. Ms. Abad said a Board member travelled to Washington DC to advocate for immigrant rights, and other Board members participated in various conferences and workshops. She concluded by thanking members of the Commission for their support and noted the Advisory Board was committed to helping make Miami-Dade County a better place to live and to conduct business.  
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 noted in addition to the changes noted in Chairman Martinez’ Memorandum entitled “Changes Sheet,” that Commissioner Suarez asked to add Deferred Item 11A6 to the Pull List; Commissioner Diaz asked to co-sponsor Item(s) 11A7, 11A8; Commissioner Bell asked to co-sponsor Item(s) 11A3 and 11A11; Commissioner Jordan asked to be added as a pulling Commissioner to Item(s) 8K1 and 8K1 Supplement; Commissioner Diaz asked to add Item(s) 11A1 and 11A1 Supplement to the Pull List; and Commissioner Souto asked to be added as a pulling Commissioner to Item(s) 11A11; 11A12, 11A16, 11A19, 11A24, 11A25, 11A27, and 11A28;

In addition, County Attorney Cuevas noted the proposed Public Hearing Date should be changed to December 6, 2011 before the Board of County Commissioners for Item 4G, pursuant to Item 15B1.

Chairman Martinez clarified, for the record, that all Charter Amendment Items would be considered by the County Commission; therefore, commissioners did not need to request individually to be added to the Pull List.

County Attorney Cuevas advised that the items to be considered at today’s (11/03) meeting, would be those items listed in the printed final agenda, with the additions, deferrals, withdrawals, and scrivener’s errors noted in the Chairman’s Memorandum entitled “Changes Sheet,” and the aforementioned items. The Commission would approve all of those items by single vote, setting the agenda, except Presentation Item(s) 1D5 and 1D6 specially set by the Chairman’s Order of the Day, ordinances on first reading, public hearings, advisory board appointment by ballot Item(s) 15D1 and 15D2, ordinances on second reading, and the following Pull list Items: 8F2, 8K1, 11A1, 11A2 and 11A2 Supplement, 11A7, 11A8, 11A9, 11A10, 11A12 through 11A35, and 11A36.

County Attorney Cuevas informed the Commission that in the absence of Commissioner Suarez, Item 11A6 would remain deferred pursuant to the Chairman’s “Changes Sheet, and not added to the Pull List as requested by the Commissioner.

Commissioner Heyman asked to release Item 11A8 and her portion of Item 11A10.

Commissioner Moss asked to be listed as a co-sponsor to Items 11A3, 11A4, and 11A5; and to release his portion of Item 11A10.

Commissioner Jordan asked to release her portion of Item(s) 8K1and 11A10; and to be listed as a co-sponsor to Item 11A10.

It was moved by Commissioner Sosa that the Chairman’s Memorandum entitled “Changes Sheet,” be approved with the additional changes noted by County Attorney Cuevas and County Commissioners. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 12-0; (Commissioner Suarez was absent).

Later in the meeting, County Attorney Cuevas noted Commissioner Suarez asked to be listed as a co-sponsor to Item 11A1.
 
1H OFFICE OF COMMISSION AUDITOR  
1I OFFICE OF INTERGOVERNMENTAL AFFAIRS  
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2B1  
  111780 Report      
  SEAPORT DEPARTMENT QUARTERLY REPORT OF EXECUTED JOINT PARTICIPATION AGREEMENTS AND SUPPLEMENTAL JOINT PARTICIPATION AGREEMENTS APPROVED APRIL 1 THROUGH JUNE 30. 2011(Mayor) Accepted
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
  9/14/2011 Report Received by the Economic Development & Social Services Committee  
2C OTHER ISSUES  
3 CONSENT ITEMS  
4 ORDINANCES FOR FIRST READING  
  REPORT: .  
4A  
  112089 Ordinance     Bruno A. Barreiro        
  ORDINANCE CREATING SECTION 2-286.2 OF THE CODE OF MIAMI-DADE COUNTY; FINDING THAT IT IS IN THE BEST INTEREST OF MIAMI-DADE COUNTY TO WAIVE COMPETITIVE PROCUREMENT OF GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT WERE NECESSARY TO AVOID DISRUPTIONS TO PASSENGERS OR AIRLINE OPERATIONS; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR GOODS AND SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; DELEGATING TO THE COUNTY MAYOR OR MAYOR’S DESIGNEE THE AUTHORITY TO ADVERTISE, AWARD, AMEND, AND NEGOTIATE CONTRACTS FOR CONSTRUCTION AND PROFESSIONAL SERVICES AT MIAMI INTERNATIONAL AIRPORT, TO EXTEND CONTRACT DURATION, TO EXECUTE CHANGE ORDERS, AND TO SETTLE CLAIMS, WITHOUT NEED FOR PRIOR BOARD APPROVAL; REQUIRING THE COUNTY MAYOR TO SPECIFY PROJECTED CAPITAL PROJECTS IN THE YEARLY BUDGET; SPECIFYING MAXIMUM DOLLAR LIMITS ON ANY CHANGE ORDERS EXECUTED WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR RATIFICATION OF ALL ACTIONS; PROVIDING FOR THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE CHANGE ORDERS RELATED TO CONTRACTS CURRENTLY AWARDED RELATED TO THE REMAINING CONSTRUCTION AND DESIGN OF NORTH TERMINAL; ALLOWING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO AWARD LEASES WITH THE FEDERAL GOVERNMENT OF UP TO TEN YEARS IN TERM WITHOUT PRIOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR SEVERABILITY, PRIORITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: December 12, 2011
Mover: Bruno A. Barreiro
Seconder: Sally A. Heyman
Vote: 11 - 2
No: Souto , Martinez
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on December 13, 2011.

Subsequently, at the November 15, 2011 meeting, the Board reconsidered Agenda Item 15B1 (Legislative File No. 112232), the report reflecting the public hearing dates for ordinances on first reading from the November 3rd, and changed the public hearing date for this proposed ordinance listed as December 13, 2011 Internal Management and Fiscal Responsibility Committee at 2:00 p.m. to the December 12, 2011 Regional Transportation Committee at 9:30 a.m.
 
4B  
  112086 Ordinance     Sally A. Heyman        
  ORDINANCE RELATING TO NAMING, RENAMING OR CODESIGNATION OF MIAMI-DADE COUNTY ROADS, FACILITIES OR PROPERTY; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AND RULE 9.02 OF THE BOARD OF COUNTY COMMISSIONERS RULES OF PROCEDURE; AUTHORIZING A COMMISSIONER TO BE PRIME SPONSOR OF A NAMING, RENAMING OR CODESIGNATION ITEM IN ANOTHER COMMISSION DISTRICT PROVIDED THE OTHER DISTRICT COMMISSIONER DOES NOT OBJECT TO THE ITEM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The motion that this item be Adopted on first reading failed
Public Hearing: No Date Certain
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 5 - 8
No: Monestime , Edmonson , Sosa , Bell , Moss , Souto , Martinez , Diaz
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.
 
4C  
  112244 Ordinance     Barbara J. Jordan        
  ORDINANCE AMENDING CHAPTER 25A OF CODE OF MIAMI-DADE COUNTY REGARDING THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA TO DELETE THE FINANCIAL RECOVERY BOARD TRUST/MEDICAL SCHOOLS ANNUAL OPERATING AGREEMENT COMMITTEE, TO CREATE THE FINANCIAL RECOVERY BOARD’S UM ANNUAL OPERATING AGREEMENT COMMITTEE AND FIU ANNUAL OPERATING AGREEMENT COMMITTEE; DESCRIBING COMPOSITION OF SUCH COMMITTEES, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: December 13, 2011
Mover: Barbara J. Jordan
Seconder: Xavier L. Suarez
Vote: 9 - 4
No: Heyman , Sosa , Bell , Souto
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Public Safety and Healthcare Administration Committee on December 13, 2011.
 
4D  
  112258 Ordinance     Joe A. Martinez        
  ORDINANCE RELATED TO ZONING AND PERTAINING TO TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICT (TND); AMENDING SECTIONS 33-284.47, 33-284.51 AND 33-284.53 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO DESIGN CRITERIA, LAND USE CATEGORIES, OWNERSHIP AND MAINTENANCE OF COMMON OPEN SPACE(S) AND CIVIC USE BUILDINGS, RESPECTIVELY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: November 15, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on November 15, 2011.
 
4E  
  112262 Ordinance   Joe A. Martinez        
  ORDINANCE REGARDING RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO AUTHORITY TO SPONSOR OR PRESENT ITEMS ON COMMISSION AGENDA; PROVIDING THAT PRIVATE APPLICATIONS FOR AMENDMENT, MODIFICATION, ADDITION, OR CHANGE TO THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (“CDMP”) SHALL BE PLACED ON CDMP AGENDA UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: November 15, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on November 15, 2011.
 
4F  
  112270 Ordinance   Joe A. Martinez        
  ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOME IMPROVEMENT WAREHOUSES IN THE IU-1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: November 15, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on November 15, 2011.
 
4G  
  112269 Ordinance   Sen. Javier D. Souto        
  ORDINANCE GRANTING PETITION OF FONTAINBLEAU LAKES COMMUNITY DEVELOPMENT DISTRICT TO CONTRACT ITS BOUNDARIES ESTABLISHED BY ORDINANCE NO. 06-135; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND EFFECTIVE DATE Adopted on first reading
Public Hearing: December 06, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

On November 3, 2011, the Board amended Agenda Item 15B1, the proposed public hearing dates submitted for approval to change the public hearing date originally set for this proposed ordinance from the December 14, 2011 Infrastructure and Land Use Committee meeting to the December 6, 2011 County Commission meeting.
 
4H  
  112234 Ordinance     Clerk of the Board        
  ORDINANCE AMENDING ORDINANCE NO. 08-62 REGARDING THE OFFICE OF THE MIAMI-DADE COUNTY PROPERTY APPRAISER, PROVIDING AUTHORITY FOR THE PROPERTY APPRAISER TO ENTER INTO CONTRACTS UNDER SPECIFIED CIRCUMSTANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 15(A)1](Office of Property Appraiser) Adopted on first reading
Public Hearing: December 13, 2011
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance.

The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on December 13, 2011.
 
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  111998 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS MIAMI INTERNATIONAL TRADEPORT 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 & Waste Management) Adopted
Ordinance 11-82
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Martinez opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed ordinance. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented.
 
  10/4/2011 Adopted on first reading by the Board of County Commissioners  
  10/4/2011 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5A1  
  112004 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS MIAMI INTERNATIONAL TRADEPORT MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-924-11
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams noted this foregoing proposed resolution was a corresponding resolution to Agenda Item 5A, Legislative File No. 111998.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.
 
5B  
  112094 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RESCINDING RESOLUTION NO. R-1458-04 REGARDING THE PLAT OF HOLLY POINTE, LOCATED IN THE SOUTHEAST 1/4 OF 27, TOWNSHIP 57 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 260 STREET, ON THE EAST BY SW 137 AVENUE, ON THE SOUTH BY SW 264 STREET, AND ON THE WEST BY SW 138 AVENUE)(Public Works & Waste Management) Adopted
Resolution R-925-11
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez relinquished the Chair to Vice Chairwoman Edmonson.

Vice Chairwoman Edmonson opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. She closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.
 
5C  
  112186 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF MICHAIL BIBERMAN AND CONGREGATION OHEL ROCHEL, INC., D-23157, LOCATED IN THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 52 SOUTH, RANGE 42 EAST (BOUNDED ON THE NORTH APPROXIMATELY 200 FEET SOUTH OF NE 177 STREET, ON THE EAST APPROXIMATELY 230 FEET WEST OF NE 7 AVENUE, ON THE SOUTH BY NE 176 STREET, AND ON THE WEST BY NE 6 AVENUE)(Public Works & Waste Management) Adopted
Resolution R-926-11
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Vice Chairwoman Edmonson opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. She closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.

Chairman Martinez resumed the Chair.
 
6 CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6A RESOLUTIONS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
7 ORDINANCES SET FOR SECOND READING  
8 DEPARTMENTAL ITEMS  
8A thru 8E (No items were submitted for these sections.)  
8F INTERNAL SERVICES DEPARTMENT  
8F1  
  112071 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  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(Internal Services) Adopted
Resolution R-927-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
8F2  
  112296 Resolution     Joe A. Martinez        
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ADVERTISE A REQUEST FOR QUALIFICATIONS (RFQ) FOR AND ON BEHALF OF MIAMI-DADE COUNTY TO OBTAIN STATE GOVERNMENTAL REPRESENTATION AND CONSULTING SERVICES IN TALLAHASSEE, FL, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN RFQ NO. 801(Internal Services) Amended
  REPORT: See Agenda Item 8F2 AMENDED, Legislative File No. 112350 for the Amended version.  
  10/18/2011 Staff directed to bring back by the Board of County Commissioners  
8F2 AMENDED  
  112350 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ADVERTISE A REQUEST FOR QUALIFICATIONS (RFQ) FOR AND ON BEHALF OF MIAMI-DADE COUNTY TO OBTAIN STATE GOVERNMENTAL REPRESENTATION AND CONSULTING SERVICES IN TALLAHASSEE, FL, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN RFQ NO. 801 (SEE ORIGINAL ITEM UNDER FILE NO. 112296)(Internal Services) Adopted as amended
Resolution R-928-11
Mover: Lynda Bell
Seconder: Joe A. Martinez
Vote: 11 - 2
No: Heyman , Suarez
  REPORT: Assistant County Attorney Hugo Benitez read amendments to the foregoing proposed resolution into the record.

Chairman Martinez explained that the decrease in lobbyist expenses was proposed to reduce overall costs, noting that other municipal governments paid substantially less for their lobbyists. He questioned whether the County should continue paying more money or to obtain the best representation at a lower cost.

Commissioner Jordan offered a friendly amendment, which Chairman Martinez accepted, requiring that a list of subcontractors be provided by the prime contractor.

Commissioner Heyman noted she supported efficiencies and/or savings that would reduce contract costs; however, she expressed concern about the timing of this Request for Qualification (RFQ) as it would conflict with committee meetings in Tallahassee. She pointed out that at this time the County’s lobbyists were focusing their efforts on protecting the Tunnel Project, gaming and other critical issues impacting the County, and they had already indicated that they would voluntarily reduce the amounts of their contracts. Commissioner Heyman noted the Commission did not have sufficient time to address these issues prior to the December 6, 2011 meeting and this discussion should take place in March after the conclusion of the legislative session.

Mayor Carlos Gimenez explained that Administration had spoken to both state and federal lobbyists and obtained reductions of $50,000 and $100,000 respectively.

It was moved by Commissioner Bell that the foregoing proposed resolution be adopted as amended with the following changes: 1) to remove the $400,000 contract amount on handwritten page 1 and to insert the following language: “the amount of the award would be determined by Board of County Commissioners (BCC) at the time of award”; 2) to delete all references in the Request for Qualification (RFQ) that state “the BCC would select the firms for negotiations”, and to replace it with the following language: “the BCC would select the firms for award”; 3) to add the following language to the RFP: “…to include a State proposed annual fee to provide all services requested therein and the fee shall include all costs including subcontractor fees, travel, and miscellaneous expenses since these costs would not be reimbursed separately by the County. The fee shall exclude any costs for work order assignments for optional services, which will be specifically identified and defined in the RFQ. This fee will not be part of the evaluation by the selection committee but will be presented to the BCC for the Board’s determination of contract award”; and 4) to include a list of subcontractors in the prime contractor’s application. This motion was seconded by Chairman Martinez, and upon being put to a vote, passed by a vote of 11-2; (Commissioners Heyman and Suarez voted "no").
 
8G thru 8J (No items were submitted for these sections.)  
8K PORT OF MIAMI DEPARTMENT  
8K1  
  112268 Resolution     Rebeca Sosa        
  RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO APPLY TO THE U.S. FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING AND ADMINISTERING A GENERAL-PURPOSE FOREIGN TRADE ZONE [SEE ORIGINAL ITEM UNDER FILE NO. 111910](Port of Miami) Amended
  REPORT: (SEE AGENDA ITEM 8K1 AMENDED; LEGISLATIVE FILE NO. 112406.)  
  9/14/2011 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Development & Social Services Committee  
8K1 AMENDED  
  112406 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa        
  RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO APPLY TO THE U.S. FOREIGN-TRADE ZONES BOARD FOR THE PURPOSE OF ESTABLISHING AND ADMINISTERING A GENERAL-PURPOSE FOREIGN TRADE ZONE [SEE ORIGINAL ITEM UNDER FILE NO. 112268](Seaport) Adopted as amended
Resolution R-929-11
Mover: Rebeca Sosa
Seconder: Esteban L. Bovo, Jr.
Vote: 13 - 0
  REPORT: Assistant County Attorney Hugo Benitez read a proposed amendment to the foregoing proposed resolution into the record.

Hearing no further questions or comments, the foregoing proposed resolution was adopted as amended to insert a “Whereas Clause” after the first “Whereas Clause” on handwritten page 5 with the following language: “ Whereas, this Board ultimately wishes to extend the benefits of the general purpose foreign trade zone to the entirety of Miami-Dade County.”
 
8K1 SUPPLEMENT  
  112304 Supplement      
  SUPPLEMENTAL REPORT: GENERAL PURPOSE FOREIGN TRADE ZONE Presented
9 ADDITIONAL DEPARTMENTAL ITEMS  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
10A1  
  112078 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING ISSUANCE BY HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY (FLORIDA) OF ITS MULTIFAMILY MORTGAGE REVENUE BONDS (PALM LAKE APARTMENTS PROJECT) SERIES 2011A AND SUBORDINATE MULTIFAMILY MORTGAGE REVENUE BONDS (PALM LAKE APARTMENT PROJECT) SERIES 2011B, IN TOTAL AMOUNT NOT TO EXCEED $18,400,000 IN ONE OR MORE SERIES FOR BENEFIT OF PALM LAKE RENOVATION LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP; AND APPROVING FORM AND EXECUTION AND DELIVERY BY AUTHORITY OF VARIOUS DOCUMENTS IN CONNECTION WITH ISSUANCE OF SUCH BONDS(Housing Finance Authority) Adopted
Resolution R-930-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  112274 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Sally A. Heyman
Xavier L. Suarez
       
  RESOLUTION SUPPORTING THE 2012 PROPOSED DRAFT STATE LEGISLATIVE POSITION OF THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY RELATED TO PRIVATIZATION OF TRI-RAIL AND OTHER ASSOCIATED CHANGES PROPOSED BY FDOT; OPPOSING FDOT PROPOSALS RELATED TO THE SFRTA AND TRI-RAIL Adopted
Resolution R-931-11
Mover: Bruno A. Barreiro
Seconder: Sally A. Heyman
Vote: 11 - 0
Absent: Suarez , Diaz
  REPORT: Commissioner Diaz noted this proposed resolution would prevent the Florida Department of Transportation (FDOT) from privatizing Tri-Rail. He questioned the State’s intention, pointing out that a significant amount of taxpayer money had already been spent on the train system.

Commissioner Barreiro explained that legislation providing Governor Rick Scott with the ability to make appointments to the South Florida Regional Transportation Authority (SFRTA) existed. He indicated that the FDOT and the Florida East Coast Railway (FEC) were engaged in discussions which were not open to County government or to the public. Commissioner Barreiro said it was rumored that Tri-Rail would either be sold to the FEC or managed by the FEC and that the State rather than the County would exercise control over the rail system. He noted Tri-Rail received State and federal funding in addition to local taxpayer funding and that local revenues already received would not be reimbursed to the County. Commissioner Barreiro stressed the importance of Tri-Rail remaining a regional asset and controlled by the region. He said that the region needed to engage in an open dialogue about privatization and that this decision should not be imposed by the State.

Assistant County Attorney Jess McCarty clarified that private negotiations between the FDOT and the FEC were on-going and neither the SFRTA nor the local counties were represented in these discussions. In response to Commissioner Diaz’ question pertaining to viable alternatives, Assistant County Attorney McCarty advised that these options were limited since the funding received from each of the three regional counties was required by State Statute; however, he indicated that the County Attorney would research any potential legal recourse.

Commissioner Barreiro noted Tri-Rail had some of the foremost experts in operating commuter rail systems and questioned the rationale for the State trying to impose, take-over, and control the rail system.

Commissioner Souto noted he concurred with Commissioner Barreiro’s concern that the State was taking over control of the County’s regional rail system and stressed the importance of developing alternative methods of transportation other than airplanes and cars.

Commissioner Suarez noted he shared Commissioner Souto’s concern; however, he was unsure whether the adoption of this proposed resolution would have the consequence of curtailing the FEC’s willingness to provide infrastructure improvements and provide an improved train system.

Commissioner Barreiro explained that Broward and Palm Beach Counties had already passed similar resolutions; that Tri-Rail was already substantially privatized; and that the County had repeatedly asked to be included in the discussions between the FDOT and the FEC. He noted it was now necessary to pass legislation urging the State legislature to stop this process or to include the County in the discussions. Commissioner Barreiro said the FEC could operate commuter rail on the County’s tracks today and he encouraged them to do so. He explained that the State expressed no previous interest when the County double-tracked the old CSX lines for Tri-Rail; obtained federal funding; and constructed and improved the rail lines. Commissioner Barreiro pointed out that the State began showing interest once Tri-Rail’s trains were operating smoothly and on schedule.

Commissioner Suarez noted the State of Florida’s Secretary of Transportation voiced concern in a recent meeting that the public was opposed to the State’s plan and believed that the State wanted to privatize Tri-Rail. He said he believed everyone wanted a Tri-Rail which went through municipalities and population centers served by the FEC lines. Commissioner Suarez noted with its current 12-13,000 daily passengers, Tri-Rail was not a viable system and it would be hurt by competition with a revitalized FEC line. He inquired whether the resolution’s intent was to urge the State to pay attention to the County’s concerns or to oppose the implementation of a rail line along the FEC corridor.

Commissioner Barreiro responded that the regional plan was for a mass transit commuter rail along the FEC corridor. He noted he proposed a MetroRail expansion along the FEC corridor which connected the Miami International and Broward County Airports. Commissioner Barreiro explained that the resolution’s intent was to ensure that the County was represented and conversations were in the best interest of this community and not just Tallahassee.

Commissioner Suarez excused himself from this discussion rather than to vote “No”.

Chairman Martinez stated that he liked public/private partnerships; however he noted he was supportive of this resolution. He recalled that the State legislature forced a County referendum to add a $2 license tag fee to support Tri-Rail, which was not approved. He said that the State proceeded to withdraw its funding and then imposed mandatory initial contributions of $4.3 million each to Dade, Broward and Palm Beach Counties which has increased to $5 million today. Chairman Martinez emphasized that the County needed to be involved in the discussions and the State needed to listen to local concerns since it had been forcing the County to pay these fees.

Commissioner Heyman noted the critical part was Section 2 of the proposed resolution which urged the State legislature to let the County remain at the table. She said the County should have a voice and the right to vote as regional representatives involved in the SFRTA and the South Florida Regional Planning Council.

Commissioner Moss inquired whether Broward and Palm Beach Counties were engaged in these discussions.

Commissioner Barreiro responded that Broward and Palm Beach Counties were not participating in these discussions and had adopted similar resolutions urging their inclusion.

Commissioner Moss said that it appeared this proposal would hopefully make it clear to the State legislature that all three counties should be engaged in the discussions.

Commissioner Souto noted the South Florida region had the population density needed for trains. He said he did not understand the State’s opposition to their involvement in the discussions when these three counties represented a significant portion of the State’s population. Commissioner Souto noted mobility was becoming a major issue in South Florida.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.
 
11A2  
  112090 Resolution     Audrey M. Edmonson        
  RESOLUTION DIRECTING THE COUNTY MAYOR TO NEGOTIATE CHANGE ORDER NO. 4 TO MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC-7-05 WITH MIKE GOMEZ CONSTRUCTION CONSULTING, INC., EXTENDING THE CONTRACT TIME THROUGH DECEMBER 1, 2011; AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE SUCH CHANGE ORDER AND TO EXERCISE DELEGATED AUTHORITY DESCRIBED THEREIN, AND WAIVING FORMAL BID PROCEDURES AND PROVISIONS PURSUANT TO SECTION 2-8.1 MIAMI-DADE COUNTY CODE AND SECTION 5.03(D) OF THE MIAMI-DADE HOME RULE CHARTER, AND SECTION 255.20 FLORIDA STATUTES Amended
  REPORT: See Agenda Item 11A2 Amended, Legislative File No. 122247 for the amended version.  
  10/18/2011 Deferred by the Board of County Commissioners  
11A2 AMENDED  
  122247 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION DIRECTING THE COUNTY MAYOR TO NEGOTIATE CHANGE ORDER NO. 4 TO MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC7-05 WITH MIKE GOMEZ CONSTRUCTION CONSULTING, INC., EXTENDING THE CONTRACT TIME THROUGH JANUARY 30, 2012; AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE SUCH CHANGE ORDER AND TO EXERCISE DELEGATED AUTHORITY DESCRIBED THEREIN, AND WAIVING FORMAL BID PROCEDURES AND PROVISIONS PURSUANT TO SECTION 2-8.1 MIAMI-DADE COUNTY CODE AND SECTION 5.03(D) OF THE MIAMI-DADE HOME RULE CHARTER, AND SECTION 255.20 FLORIDA STATUTES (SEE ORIGINAL ITEM UNDER FILE NO. 122247) Adopted as amended
Resolution R-932-11
Mover: Audrey M. Edmonson
Seconder: Barbara J. Jordan
Vote: 12 - 0
Absent: Suarez
  REPORT: Commissioner Edmonson noted she was advised by the Aviation Department that the Miscellaneous Construction Contract Award No. MCC-7-05 would be presented to the County Commission at its November 15, 2011 meeting. She requested that the Contract be extended through January 30, 2012 due to additional time needed to implement this program once it was awarded.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as amended to extend the Miscellaneous Construction Contract No. MCC-7-05 through January 30, 2012.

It was moved by Commissioner Edmonson that the foregoing proposed resolution be adopted as amended to extend the Miscellaneous Construction Contract No. MCC-7-05 through January 30, 2012. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 12-0, (Commissioner Suarez was absent).

The amended version was assigned Resolution No. R-932-11.
 
11A2 SUPPLEMENT  
  112307 Supplement      
  SUPPLEMENTAL INFORMATION TO RESOLUTION DIRECTING COUNTY MAYOR TO NEGOTIATE EXTENSION OF MISCELLANEOUS CONSTRUCTION CONTRACT NO. MCC-7-05 BETWEEN MIAMI-DADE COUNTY AND MIKE GOMEZ CONSTRUCTION CONSULTING, INC Presented
11A3  
  112241 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Audrey M. Edmonson
Barbara J. Jordan
Lynda Bell
Dennis C. Moss
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS SB 274, HB 419 OR SIMILAR LEGISLATION REQUIRING DAYCARE VEHICLES USED TO TRANSPORT CHILDREN TO INSTALL CHILD SAFETY ALARMS Adopted
Resolution R-933-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A4  
  112239 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Jean Monestime
Dennis C. Moss
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS A STATEWIDE WAGE THEFT LAW MODELED AFTER THE MIAMI-DADE COUNTY WAGE THEFT ORDINANCE Adopted
Resolution R-934-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A5  
  112240 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Jean Monestime
Dennis C. Moss
       
  RESOLUTION OPPOSING STATE LEGISLATION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S WAGE THEFT ORDINANCE Adopted
Resolution R-935-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A6  
  112290 Resolution     Joe A. Martinez        
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO AUTHORIZE TWO OR MORE DESTINATION RESORT CASINOS IN MIAMI-DADE COUNTY WITH REVENUES GENERATED TO BE USED TO REDUCE COUNTYWIDE PROPERTY TAXES (SEE ORIGINAL ITEM UNDER FILE NO. 112029) Deferred to No Date Certain
  10/18/2011 Deferred by the Board of County Commissioners  
11A7  
  112259 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Rebeca Sosa
Barbara J. Jordan
Sally A. Heyman
Jose "Pepe" Diaz
Esteban L. Bovo, Jr.
Lynda Bell
Audrey M. Edmonson
Jean Monestime
Dennis C. Moss
       
  RESOLUTION SUPPORTING HJR 169 OR SIMILAR LEGISLATION THAT WOULD PROPOSE A CONSTITUTIONAL AMENDMENT TO PROVIDE COUNTIES AND CITIES A LOCAL OPTION TO GRANT AN ADDITIONAL HOMESTEAD EXEMPTION TO LOW INCOME SENIOR CITIZENS IN THE AMOUNT OF THE ENTIRE ASSESSED VALUE OF HOMESTEAD PROPERTY; SUPPORTING HB 357 WHICH IMPLEMENTS HJR 169 OR A SIMILAR JOINT RESOLUTION UPON APPROVAL BY STATEWIDE VOTERS Adopted
Resolution R-936-11
Mover: Joe A. Martinez
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Suarez
  REPORT: Commissioner Jordan questioned the number of residents who would be impacted by this proposed resolution and the effect on the County’s General Fund.

Budget Director Jennifer Glazer-Moon, Office of Management and Budget, responded that data was not available on the number of residents earning less than $15,000; however, the fiscal impact across tax supported budgets, assuming 46,000 properties with senior citizen exemptions, would be under $5 million dollars.

Commissioner Heyman noted she supported providing assistance to senior citizen homeowners and that she previously supported the Save Our Seniors legislation; however, she expressed concern that removing the entire assessed value of homestead property could have unintended consequences for the County.

Ms. Glazer-Moon explained that the maximum fiscal impact at $5 million was marginal. She noted the Property Appraiser would need to begin obtaining financial information from senior citizens applying for this additional homestead exemption and then verify that the homeowner met the qualification requirements.

Commissioner Heyman expressed concern that the County was removing the layer of protection that senior citizens enjoyed by declaring a taxable value on property which they owned as this proposal removed the ability to assess property taxes for people earning under a certain amount.

Chairman Martinez pointed out that only a small number of senior citizens would qualify for the exemptions. He explained that in order to qualify, a senior citizen must have owned the property for at least 20 years; be at least 65 years of age; and have no more than a $15,000 annual income. He stressed that he wished he could do more for the senior population.

Commissioner(s) Bell, Bovo, Edmonson, Diaz, Jordan, Monestime, and Moss asked to be listed as co-sponsors to this proposed legislation.

Commissioner Diaz noted assisting the elderly population was the right thing to do.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.
 
11A8  
  112238 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Barbara J. Jordan
Jose "Pepe" Diaz
Jean Monestime
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION PROHIBITING EMPLOYERS FROM USING CREDIT HISTORY IN DETERMINING WHETHER TO DENY EMPLOYMENT TO A JOB APPLICANT, DISCHARGE AN EMPLOYEE OR DECIDE COMPENSATION, EXCEPT WHERE CREDIT HISTORY IS JOB-RELATED; FURTHER URGING CONGRESS TO APPROVE H.R. 321, THE EQUAL EMPLOYMENT FOR ALL ACT, OR SIMILAR LEGISLATION Adopted
Resolution R-937-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A9  
  112237 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Barbara J. Jordan
Lynda Bell
Jose "Pepe" Diaz
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT WORKPLACE ANTI-BULLYING LEGISLATION Adopted
Resolution R-938-11
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Suarez
  REPORT: Commissioner Moss explained that this foregoing proposed resolution urged the Florida legislature to enact workplace anti-bullying legislation and proceeded to read into the record the resolution in its entirety. Commissioner Moss noted that bullying was a problem in the workplace and that he would introduce future legislation to respond to bullying in this community.

Commissioner Jordan questioned whether the current anti-bullying legislation for school districts included private schools, and if not, noted she would co-sponsor this legislation with Commissioner Moss when presented.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented.
 
11A10  
  111538 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Barbara J. Jordan
       
  RESOLUTION OPPOSING THE IMPOSITION OF TOLLS TO ACCESS THE PORT OF MIAMI; DIRECTING THE MAYOR OR DESIGNEE TO BRING TO THE BOARD AN ALTERNATIVE FUNDING PLAN; DIRECTING THE MAYOR OR DESIGNEE TO IDENTIFY AN ALTERNATIVE FUNDING PLAN FOR THE PORT OF MIAMI TUNNEL THAT DOES NOT INCLUDE TOLLS Adopted
Resolution R-939-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
  9/14/2011 Forwarded to BCC with a favorable recommendation by the Economic Development & Social Services Committee  
11A11  
  112236 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Jose "Pepe" Diaz
Lynda Bell
Dennis C. Moss
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION MAKING IT A THIRD-DEGREE FELONY TO RETRIEVE OR RETURN MORE THAN ONE ABSENTEE BALLOT FROM A NON-RELATIVE; ALTERNATIVELY URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY TO VIOLATE ANY LOCAL ELECTION LAW Adopted
Resolution R-940-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A12  
  112132 Resolution     Bruno A. Barreiro        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT COMMISSIONERS SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND SHALL BE SUBJECT TO TERM LIMITS SO THAT NO PERSON WHO HAS SERVED THREE CONSECUTIVE FOUR-YEAR TERMS AS A COMMISSIONER SHALL BE ELIGIBLE TO QUALIFY AS A CANDIDATE FOR, NOR MAY BE ELECTED AS, COMMISSIONER FOR THE NEXT SUCCEEDING TERM EXCEPT THAT CURRENT COMMISSIONERS WHO WOULD BE TERM LIMITED IN 2012 OR 2014 SHALL BE ELIGIBLE TO QUALIFY FOR, AND BE ELECTED AS, A COMMISSIONER FOR ONE MORE TERM Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
  10/26/2011 Forwarded to the full BCC by the BCC Chairman as requested by the Infrastructure and Land Use Committee  
11A13  
  112107 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO SPECIFY THE EXCLUSIVE PROCESS, FORM, CONTENT, AND METHOD FOR CERTIFICATION OF CITIZEN INITIATIVE PETITIONS TO AMEND THE HOME RULE CHARTER, REPEAL ALL PROVISIONS IN CURRENT ORDINANCES AND RESOLUTIONS THAT REGULATE SUCH PETITIONS, AND PROHIBIT REGULATION OF SUCH PETITIONS BY THE BOARD Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A14  
  112108 Resolution   Esteban L. Bovo, Jr.Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO INCREASE FROM 60 TO 120 DAYS THE TIME ALLOWED TO CIRCULATE INITIATORY PETITIONS, AND TO PROVIDE THAT ELECTIONS TO AMEND THE CHARTER, EITHER THROUGH INITIATORY PETITIONS OR BY BOARD ACTION, BE HELD IN CONJUNCTION WITH THE NEXT SCHEDULED GENERAL ELECTION RATHER THAN WITHIN 60 TO 120 DAYS, AS CURRENTLY REQUIRED Amended
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A14 AMENDED, Legislative File No. 112108 for the Amended version.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A14 AMENDED  
  112108 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO INCREASE FROM 60 TO 120 DAYS THE TIME ALLOWED TO CIRCULATE INITIATORY PETITIONS, AND TO PROVIDE THAT ELECTIONS TO AMEND THE CHARTER, EITHER THROUGH INITIATORY PETITIONS OR BY BOARD ACTION, BE HELD IN CONJUNCTION WITH THE NEXT SCHEDULED GENERAL ELECTION RATHER THAN WITHIN 60 TO 120 DAYS, AS CURRENTLY REQUIRED Adopted as amended
Resolution R-941-11
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 12 - 1
No: Jordan
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.

Chairman Martinez inquired whether the recall petition process could be addressed by ordinance.

Assistant County Attorney Rosenthal clarified that certain provisions of Chapter 12, Section 12-23 of the Code of Miami-Dade County could be changed to comply with the Charter Review Task Force members’ recommendations; however, these changes would be made by ordinance and not included in the County Charter.

Chairman Martinez inquired whether the petition signature requirements were consistent with the requirements set forth by State Statute, pursuant to legislation previously proposed by Commissioner Diaz.

Assistant County Attorney Rosenthal answered that the ordinance to which Chairman Martinez referred was not adopted. He clarified that certain items needed to be addressed through Charter Amendment and not by ordinance, such as: 1) changing the time allowed to collect signatures from 60 to 120 days, 2) prohibiting future ordinances, and 3) changing the election date to the General Election. Repealing the provision of Section 12-23 requiring no more than one signature per page could be accomplished by ordinance, said Assistant County Attorney Rosenthal.

In response to Chairman Martinez’ question about page and font size requirements for recall petitions, Assistant County Attorney Rosenthal noted a minimum 12 point font was required and no minimum page requirement existed.

Mayor Gimenez explained that recall petition requirements were being included in the County Charter to ensure that changes to those requirements could be made only by the voters and not by any future County Commission.

Commissioner Bovo noted many of his proposed resolutions dealt with recall petitions and he would defer those items which could be considered by ordinance. He proceeded to question whether these items could be included on the ballot in the event they were not approved by this commission.

Assistant County Attorney Rosenthal advised that items that were meant to be placed on the January 31, 2012 ballot were due by December 2, 2011; therefore, they could be included on a subsequent election ballot if the County Commission did not approve the ordinance(s).

Commissioner Bovo noted an Agenda item existed which combined several individual items and questioned whether that item could be considered by ordinance or whether it should be placed on the ballot.

Assistant County Attorney Rosenthal explained that Task Force Recommendation No. 9 (Agenda Item 11A14) could not be accomplished through an ordinance. He noted this proposed resolution would increase the time period allowed to collect signatures for proposed Charter amendments and citizens’ initiatives from 60 to 120 days and would place proposed Charter amendments on the General Election ballot only. He explained that the Task Force members recommended that the County Commission pass no laws regarding initiatory petitions that were not in the Charter and it would be inconsistent to pass the combined item and then to change the ordinance because the commission would not be able to change the ordinance.

Commissioner Bovo questioned whether Agenda Items 11A17 and 11A18 which both addressed Charter Review Task Force Recommendation No. 18 could be considered by ordinance.

Assistant County Attorney Rosenthal indicated that currently a Charter election is to be held within 60 to 120 days of the date a certified petition is presented to the County Commission. He explained that Recommendation No. 18 would change the time period so that the Charter election would be held in conjunction with the next scheduled General Election. He advised that the Commission could not pass an ordinance that would change the time allowed to have that election because it was already included in the Charter.

Commissioner Bovo noted he wanted to discuss Agenda Item 11A14 which would require a Charter Amendment to increase the number of days allowed to collect petition signatures from 60 to 120 days. He proceeded to question whether the two other Agenda items addressing Task Force Recommendation No. 18 could be combined or whether they should be considered separately by ordinance or Charter amendment.

Assistant County Attorney Rosenthal responded that many items included in Task Force Recommendation No. 18 could be accommodated by ordinance, with the exception of the change in election date. He noted Task Force Recommendation No. 9 would change the election date, thus allowing the remaining components of Recommendation No. 18 to be addressed by ordinance. He also noted Task Force Recommendation No. 12 prohibiting future changes to the Charter by the County Commission could not be addressed through an ordinance. County Attorney Cuevas and Assistant County Attorney Rosenthal advised that Commissioner Bovo could submit repeal items that he wanted to change at a later date.

Chairman Martinez suggested a discussion on the proposal to increase the number of days allowed to collect petition signatures from 60 to 120 days and questioned whether the General Election items could be combined.

Assistant County Attorney Rosenthal answered that Recommendation No. 9 already included both the change from 60 to 120 days as well as the change to the General Election date.

County Attorney Cuevas asked and Commissioner Bovo accepted an amendment to insert January 31, 2012 as the Special Election date.

Commissioner Diaz noted the existing ordinance was adopted in order to prevent fraud. He said the signature requirements were very clear requiring only one signature per page; as a result, individuals signing petitions were now in a better position to read and understand what they were signing, according to a conversation with Mr. Lester Sola, Elections Department Past Director. Commissioner Diaz noted the notary requirement was no longer an issue since clear and precise signatures were being submitted to the Elections Department. He asked the County Attorney to explain the State of Florida’s verification requirements pertaining to the petitions gathering process.

Assistant County Attorney Rosenthal responded that the Supervisor of Elections for the State of Florida was paid ten cents per signature to review signatures.

Commissioner Diaz questioned the Task Force members’ recommendation on the petition gathering process and signature requirements.

Assistant County Attorney Rosenthal read Task Force Recommendation No. 9 which proposed that the period to collect signatures for proposed Charter amendments and citizens’ initiative be extended to 120 days and that proposed Charter amendments be placed on a General Election ballot.

In response to Commissioner Diaz’ inquiry, Commissioner Bovo said that he supported placing Charter amendments on the General Election ballot.

Assistant County Attorney Rosenthal clarified for Commissioner Diaz that County Commission members amended a previous resolution to place Charter amendments on the General Election ballot; that the County Mayor executed his veto power over that approval; and that the Commission subsequently overruled the Mayor’s veto.

Commissioner Diaz explained that the County Commission adhered to State guidelines for the petition gathering process and based upon police investigations and fraud prosecutions added additional conditions such as obtaining the signatures of each person gathering voters’ signatures. He noted signature petitions were printed in three languages on a single page to ensure that they could easily be read, thus providing an additional layer of voter protection.

Pursuant to Commissioner Monestime’s questions about the differences between the foregoing proposed resolution and the citizens’ initiative which appeared on the 2011 election ballot, Assistant County Attorney Rosenthal responded that the previous ballot question read “shall the Charter be amended to provide that petitions for Charter amendments, initiatives, referendum and recall shall no longer require a sworn affidavit of a circulator and shall instead only require the name and address of a circulator.” He explained that the proposed resolution would keep the previous conditions; however, it would also include 120 days to collect signatures and would place Charter amendments on a General Election rather than on an election held 60 to 120 days from setting of the election. Assistant County Attorney Rosenthal added that the previous ballot included recall in the language whereas this proposed resolution did not. He said the current proposal did not address the notary requirements which currently existed in the Charter, nor the provisions of Section 12-23 which required one signature per page.

Chairman Martinez noted he recently met with Mr. Lazaro Gonzalez, who initiated the initial petition drive to recall Mayor Carlos Alvarez, and was informed that 90 days was sufficient to gather signatures; however, 120 days could potentially lead to fraud. He said he believed that Mr. Gonzalez also met with Commissioners Barreiro, Diaz, Sosa, Souto, and Suarez and asked whether they had received a similar message.

The commissioners identified by Chairman Martinez confirmed that they received a similar message from Mr. Gonzalez.

Chairman Martinez questioned the rationale behind the Task Force members’ recommendation of allowing 120 days to gather signatures.

Assistant County Attorney Rosenthal answered that according to page 24 of the Task Force’s Final Recommendations “The Task Force believes that by increasing the time frame for gathering signatures from 60 to 120 days, which is the standard for most of the peer jurisdictions reviewed, citizens would have greater access to the petition process.”

Mayor Gimenez noted the Task Force came to the conclusion that 120 days appeared to be a reasonable amount of time to gather petitions.

Commissioner Bovo commented that 120 days would provide citizens who were not tied to deep pockets or special interests with sufficient time to gather signatures.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as amended.

Upon being put to a vote, the foregoing proposed resolution passed by a vote of 13-0.

The foregoing proposed resolution was adopted as amended to insert on handwritten page 3, Section 1, line 2 the date “January 31, 2012” as the Countywide Special Election date.

Commissioner Jordan subsequently requested that her vote be changed to a “No” vote, resulting in the proposed resolution passing by a vote of 12-0.
 
11A15  
  112109 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE THAT THE CERTIFICATION AND SIGNATURE GATHERING PROCEDURES FOR INITIATIVE PETITIONS FOR ORDINANCES ALSO GOVERN INITIATIVE PETITIONS TO AMEND THE HOME RULE CHARTER Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

Assistant County Attorney Jess McCarty noted that a scrivener’s error should be corrected on handwritten page 4, line 3 of the ballot question of the foregoing proposed resolution to change the spelling of the word “PROCEEDURES” to “PROCEDURES”.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A16  
  112110 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE FOR COMMUNITY ZONING APPEALS BOARDS TO DECIDE ZONING APPLICATIONS TO THE EXTENT ALLOWED BY LAW AND FOR APPEALS FROM SUCH DECISIONS TO BE DECIDED BY ZONING HEARING OFFICERS IN A PROCESS MODELED ON THE STATE OF FLORIDA’S ADMINISTRATIVE PROCEDURES ACT, SUBJECT TO LIMITED REVIEW BY THE BOARD OF COUNTY COMMISSIONERS Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

Assistant County Attorney Jess McCarty noted that a scrivener’s error should be corrected on handwritten page 4, line 6 of ballot question of the foregoing proposed resolution to change the spelling of the word, “MODELLED” to “MODELED”.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A17  
  112111 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO: SPECIFY THE EXCLUSIVE PROCESS, FORM, CONTENT, AND METHOD FOR CERTIFICATION OF CITIZEN INITIATIVE, REFERENDUM, RECALL, AND CHARTER AMENDMENT PETITIONS, REPEAL ALL PROVISIONS IN CURRENT ORDINANCES AND RESOLUTIONS THAT REGULATE CITIZEN INITIATIVE, REFERENDUM, RECALL, AND CHARTER AMENDMENT PETITIONS, PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS SHALL NOT ADOPT ANY RESOLUTION OR ORDINANCE THAT REGULATES SUCH PETITIONS AND PROVIDE THAT ELECTIONS ON CHARTER AMENDMENT PETITIONS SHALL ONLY TAKE PLACE AT GENERAL ELECTIONS Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item(s) 11A14 AMENDED, Legislative File No 112108 and 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A18  
  112112 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, IN CONJUNCTION WITH A GENERAL ELECTION TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE THAT THE CHARTER SHALL EXCLUSIVELY GOVERN THE PROCEDURES FOR CITIZEN INITIATIVE, REFERENDUM, RECALL AND CHARTER AMENDMENT PETITIONS, THAT ALL CURRENT ORDINANCES AND RESOLUTIONS THEREON SHALL BE REPEALED AND THAT FUTURE ADOPTION OF ORDINANCES AND RESOLUTIONS REGULATING SUCH PETITIONS BE PROHIBITED Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A14 AMENDED, Legislative File No 112108 for additional comments relating to the foregoing proposed resolution.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A19  
  112252 Resolution     Esteban L. Bovo, Jr.        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE BOARD OF COUNTY COMMISSIONERS TO HOLD A PUBLIC HEARING ON ANY CITIZEN OR BOARD INITIATED CHANGE TO THE HOME RULE CHARTER ON THE DATE THE BOARD SETS THE ELECTION DATE ON THE PROPOSED CHARTER AMENDMENT Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A20  
  112265 Resolution     Jose "Pepe" Diaz        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE AND CORRECTIONS FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH DEPARTMENT DIRECTORS THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE SOLE DISCRETION OF THE MAYOR Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

Commissioner Diaz noted the Sheriff and Elections Supervisor positions throughout the State were elected positions, with the exception of Miami-Dade County and noted the voters should have the right to decide who holds these positions. He said that having an elected Sheriff would make the incumbent accountable and provide a balance of power. Commissioner Diaz indicated that he was sponsoring the following proposed resolutions: 1) an elected Police Director responsible for police and corrections functions; 2) an elected Police Director responsible for police functions; and 3) an elected Public Safety Director responsible for police, corrections, and fire and rescue functions. He also noted the Supervisor of Elections should be totally independent and not controlled by County Administration or any other elected officials.

Mayor Carlos Gimenez stated that some degree of separation and independence was necessary to eliminate the Mayor’s excessive influence over the Police Department, as recommended by the Task Force. Mayor Gimenez noted the Task Force members recommended giving both the Mayor and the Commission some authority over the Police Department so that in the event the Commission believed the Mayor was overstepping his authority with the Police Department, or the Police Chief was doing the Mayor’s bidding, the Commission could dismiss the Police Chief and the Mayor could only dismiss the Police Chief with the acquiescence of the Commission. He noted a firewall was needed between the Mayor and Police Chief so that the Mayor could not abuse his/her power over the Police Department; likewise a separation was needed between the Mayor and the Supervisor of Elections to maintain an adequate balance of power between the Mayor and the Commission’s Chairperson.

Commissioner Diaz noted he was a Strong Mayor in the City of Sweetwater and he had the final decision-making authority over the Police Chief, even though he seldom exercised that authority. He noted he understood the separation of authority in that department; however, he questioned the separation of authority in the Elections Department.

Mayor Gimenez noted the Task Force members’ recommendations were specific in terms of separations and what the Mayor’s powers would be in relation to the Police Chief and the Supervisor of Elections if the recommendations were adopted by the Commission.

Chairman Martinez clarified that these powers were set forth in Task Force Recommendation No. 1. He pointed out that despite the provisions of that recommendation, the Police Chief or the Elections Supervisor would do whatever he/she was told to do by his/her boss.

Mayor Gimenez said that the Task Force recommended a clear separation of authority to be added to the Charter which went beyond hiring and firing.

County Attorney Robert Cuevas noted the provisions of the recommendation did not include budget, funding, and emergency management matters. He further noted the Police Director shall perform his/her duties independent of and without supervision from the Mayor or the Commission.

Commissioner Sosa noted Agenda Item 11A29 was the exact recommendation of the Task Force and should be considered to address these concerns. She also questioned whether Agenda Item 11A31 related to procurement issues could be accommodated by ordinance.

Chairman Martinez responded that he was currently working on appropriate legislation to present Agenda Item 11A31 as an ordinance.

Commissioner Sosa indicated that she wanted to co-sponsor Agenda Item 11A31 when it was presented as an ordinance.

Chairman Martinez clarified that he sponsored all Task Force recommendations that were not otherwise sponsored by a commissioner in order for all recommendations to be considered by the Commission. He noted that Task Force Recommendation No. 1 was for the Public Safety Director to remain an appointed position; however, included additional safeguards.

In response to Commissioner Sosa’s inquiry as to whether each Task Force Recommendation would be addressed today, Chairman Martinez asked whether any of his colleagues wanted any other proposal(s) to appear on the January 2012 ballot, other than term limits and the petition initiative.

Commissioner Bovo asked whether drafted ordinances could be presented directly to the County Commission and waived from being heard by committee.

County Attorney Cuevas explained that the normal process was for ordinances to be presented to the County Commission for first reading; and assigned to committee once adopted. He noted an ordinance could be presented to the Commission for public hearing and second reading.

Chairman Martinez noted the item(s) would need to be waived by the Infrastructure and Land Use Committee (ILUC) Chairperson and the County Commission Chairperson to be placed on a Commission Agenda. He said he would sign the memorandum to waive the Board’s Rules of Procedure to allow the proposed ordinances to be heard by the County Commission, rather than by committee.

Commissioner Edmonson noted, as the ILUC Chairperson, she would also sign the appropriate memorandum requesting that the Commission Chairperson waive the Board’s Rules of Procedure.

County Attorney Cuevas noted the item(s) were needed by the Elections Department by December 2, 2011 in order to be placed on the January 31, 2012 ballot, in the event that the proposed ordinances were not approved by the Commission.

Chairman Martinez clarified that Commissioner Bovo did not want to lose the opportunity to place item(s) on the January 31, 2012 ballot. He, therefore, requested the County Attorney to ensure that appropriate ordinance legislation was expeditiously prepared.

County Attorney Cuevas indicated that Commissioner Bovo’s request could not be accommodated since November 15, 2011 was the only scheduled County Commission meeting prior to the December 2, 2011 Elections Department deadline.

Chairman Martinez recommended that the County Attorney draft legislation and present that legislation for first reading on November 15, 2011 and for public hearing and second reading on December 2, 2011.

County Attorney Cuevas clarified that the next County Commission meeting was on December 6, 2011, and not December 2, 2011, and that a minimum of two meetings were needed to adopt an ordinance.

Commissioner Moss questioned whether the item(s) could be placed on the ballot as a Charter Amendment and then subsequently removed from the ballot if the proposed ordinance(s) was approved by the Commission.

Assistant County Attorney Oren Rosenthal deferred this question to the Elections Department due to the time required to print ballots.

Ms. Penelope Townsley, Supervisor of Elections, informed Commissioner Moss that December 2, 2011 was the final date to submit item(s) for the January 31, 2012 ballot.

Chairman Martinez suggested that the first reading be held at the November 15, 2011 County Commission meeting and that a Special Board of County Commissioners Meeting be held on November 30, 2011 immediately preceeding or following the rescheduled Comprehensive Development Master Plan (CDMP) meeting to further consider these items.

County Attorney Cuevas noted he agreed that Chairman Martinez’ proposed solution could be accommodated. He indicated that he would prepare the call and sufficient signatures would be required for the Special Meeting and that the call would be limited to only address specific issues.

Commissioner Sosa noted this was an important vote and certain commissioners had previously indicated they would not be present at the CDMP meeting. She questioned whether these item(s) could possibly be approved and placed on the ballot and then removed if approved at the Special Meeting.

County Attorney Cuevas responded that it would depend upon the deadline required by the Supervisor of Elections to print ballots.

Commissioner Sosa questioned whether there was sufficient time to exclude these item(s) from the January 31, 2012 ballot if they were approved by the County Commission on November 30, 2011.

Ms Townsley responded that the approved item(s) were needed by December 2, 2011 since ballots would be sent to press on December 3, 2011.

Commissioner Sosa said she preferred to consider these item(s) today to prevent any unforeseen circumstances later.

Assistant County Attorney Rosenthal advised that Agenda Item(s) 11A13 (Task Force Recommendation No. 18); 11A17 (Task Force Recommendations No’s. 12, 13, & 18); and 11A19 (Task Force Recommendation No. 10) would be considered.

Chairman Martinez noted that adopting Agenda Item 11A17 and placing that Item on the ballot would be contrary to accomplishing the same result through an ordinance.

Commissioner Bovo asked Commissioner Sosa to clarify her thoughts pertaining to not considering these item(s) as an ordinance and placing them on the ballot.

Commissioner Sosa responded that it was her preference that the items presented at today’s meeting be placed on the ballot.

Commissioner Bovo noted that there would be no need to consider these item(s) by ordinance later if placed on the ballot.

Commissioner Sosa reiterated her concern that a quorum might not be obtained at a November 30, 2011 meeting.

Commissioner Bovo said he would prefer that Agenda Items 11A13 and 11A19 be placed on the January 31, 2012 ballot and to consider Item 11A17 by ordinance. He noted he preferred the voters had the opportunity to voice their opinion on the first two items.

It was moved by Commissioner Bovo that the foregoing proposed resolutions (Agenda Items 11A13 and 11A19) be adopted. This motion was seconded by Commissioner Heyman.

Chairman Martinez urged Commission members to read Article 9.

In response to Chairman Martinez’ question about Agenda Item 11A13, County Attorney Cuevas noted this Item provided exclusive requirements in the Charter pertaining to petition gathering and signatures and it repealed all existing ordinances and resolutions governing the process. He noted Ordinance 12-23 provided a form for the petition, the process for certification, and the process for disqualification of signatures.

Responding to Chairman Martinez’ question about what Agenda Item 11A13 would change, Assistant County Attorney Rosenthal explained that it would eliminate the one signature per page requirement; eliminate the signature revocation process; remove the penalty for individuals who signed more than one petition or who signed the name of another individual; and remove the requirement that the voter’s precinct number be included on the petition.

Commissioner Bovo noted he believed the Commission specifically addressed the petition and font size when it considered Agenda Item 11A14. He said that the intention of this proposal was to make it less cumbersome for people to initiate and sign petitions.

Chairman Martinez clarified that Agenda Item 11A14 only extended the number of days to gather signatures from 60 to 120 and required that Charter Amendments be placed on the ballot of the next General Election. He noted no other provisions were included in this item.

Chairman Martinez reiterated his previous recommendation that Agenda Item 11A13 be considered by ordinance at a Special Meeting to be held on November 30, 2011 so that the Commission could engage in further debate.

Commissioner Heyman withdrew her second on the foregoing proposed resolutions.

Commissioner Sosa inquired whether the proposed Charter Amendment provided any punishment in connection with collecting signatures in violation of the law.

Assistant County Attorney Rosenthal responded that the proposed Amendment would repeal every provision included in Ordinance 12-23 and that only State of Florida law would apply.

This motion was subsequently seconded for discussion by Commissioner Sosa, who noted she did not want to promote absentee ballot fraud with her vote and that the issue should be resolved today.

Commissioner Diaz clarified that he supported the increased time frame to collect signatures from 60 to 120 days and for Charter reform to be presented at the General Election; however, the language contained within the foregoing proposed resolution would remove all exiting provisions designed to provide citizens with more information about what they were signing. He noted if the proposal under consideration encouraged fraud, he would not support it.

Commissioner Bovo read the language contained within the proposed resolution and questioned whether these provisions opened the door to fraud and deception by people collecting signatures.

Assistant County Attorney Rosenthal advised that passing the proposed Charter Amendment would remove portions of Ordinance 12-23 regarding signature revocation provisions, criminal penalties, and other regulations, as previously identified.

Commissioner Bovo withdrew the foregoing proposed resolutions.

Following the withdrawal, Chairman Martinez encouraged Commissioner Bovo to present a revised ordinance to the County Commission for further consideration.

Commissioner Diaz noted he would cooperate with Commissioner Bovo and suggested that a Sunshine Meeting be scheduled to discuss the issue.

Commissioner Souto referred to a previous instance where signatures were fraudulently obtained in the City of Hialeah.

County Attorney Cuevas explained that criminal charges were filed in 2006 or 2007 by the Miami-Dade County State Attorney and individuals were subsequently convicted for wrongful petition gathering practices.

Commissioner Souto noted the protections enacted by the County Commission were initiated in response to this case and encouraged the Commission to proceed cautiously in this sensitive matter.

County Attorney Cuevas noted for the record that many Charter Amendment Items before the Board today, for which committee review was waived, had not been acted upon. He questioned whether the Commission would take action on these items or whether they would be deferred to no date certain. County Attorney Cuevas reminded the Board that the deadline to place any item on the January 31, 2012 election ballot was December 2, 2011.

Chairman Martinez suggested that those Agenda Items be deferred to no date certain.

County Attorney Cuevas noted Commissioner Bell withdrew Agenda Items 11A34 Alternate No. 1 and 11A34 Alternate No. 2; and Commissioner Suarez withdrew Item 11A35;

Chairman Martinez noted Commissioner Bovo withdrew Agenda Item 11A13.

Chairman Martinez withdrew Agenda Items 11A29, 11A30, 11A31, 11A32, and 11A33.

Commissioner Heyman withdrew Agenda Items 11A25 and 11A26.

Commissioner Barreiro asked that Agenda Item 11A12 be deferred to no date certain.

Commissioner Suarez asked that Agenda Item 11A35 be changed from “withdrawn” to “deferred to no date certain”.

Commissioner Monestime requested that Agenda Item No. 11A32 relating to incorporation be considered on November 16, 2011.

Chairman Martinez indicated that he had previously withdrawn this Item and suggested that it be considered by ordinance later.

County Attorney Cuevas noted all proposed Charter Amendment proposals were deferred to no date certain with the exception of those that were withdrawn.

Commissioner Bovo noted he had previously made two motions on Agenda Item 11A19 and asked for clarification on whether issues pertaining to the six public hearing requirements were already addressed by Commissioner Souto.

Chairman Martinez noted the proposal contained the language “public meetings”; however, this language needed to be changed through ordinance to read “public hearings.”

County Attorney Cuevas explained that staff conducted a public meeting and that the proposal called for the County Commission to conduct a public hearing at the time the item was set for election. County Attorney Cuevas noted staff did not normally conduct public hearings and it would be a change for staff to conduct these hearings.

Chairman Martinez noted the public was required to speak at a public hearing, but not at a public meeting. He said that six public hearings were required to be scheduled throughout the County and questioned whether staff could be instructed to solicit public input at a public meeting.

County Attorney Cuevas confirmed that staff could obtain public input at public meetings, and noted, in that case, the Item would need to be amended.

Chairman Martinez asked County Attorney Cuevas to meet with Commissioner Bovo to craft proposed legislation requiring that the County Commission schedule public meetings to solicit public input and feedback on proposed changes to the Home Rule Charter.
 
11A21  
  112267 Resolution     Jose "Pepe" Diaz        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE CHARTER SHALL BE AMENDED TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH A POLICE DIRECTOR THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE SOLE DISCRETION OF THE MAYOR Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A22  
  112271 Resolution     Jose "Pepe" Diaz        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ] 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO SHALL THE CHARTER BE AMENDED TO ESTABLISH THE OFFICE OF PUBLIC SAFETY DIRECTOR AS AN ELECTED CHARTER OFFICIAL RESPONSIBLE FOR POLICE, CORRECTIONS, FIRE AND RESCUE FUNCTIONS WHO HAS MORE INDEPENDENCE THAN CURRENT ADMINISTRATIVE DIRECTORS AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING SUCH FUNCTIONS THROUGH DEPARTMENT DIRECTORS THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE DISCRETION OF THE MAYOR Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A23  
  112275 Resolution     Jose "Pepe" Diaz        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], 2012 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF SUPERVISOR OF ELECTIONS AS AN ELECTED CHARTER OFFICIAL WHO HAS MORE INDEPENDENCE THAN THE CURRENT ADMINISTRATIVE DIRECTOR AND WHO MAY BE RECALLED BY VOTERS, INSTEAD OF THE MAYOR BEING RESPONSIBLE FOR PERFORMING THE FUNCTIONS OF THE SUPERVISOR OF ELECTIONS THROUGH AN ADMINISTRATIVE DIRECTOR WHO THE MAYOR APPOINTS, SUBJECT TO DISAPPROVAL BY THE COMMISSION, AND SUSPENSION, REPRIMAND, REMOVAL OR DISCHARGE AT THE DISCRETION OF THE MAYOR Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A24  
  112273 Resolution     Audrey M. Edmonson        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT COMMISSIONERS NO LONGER RECEIVE THE $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BY THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097), USED BY OTHER FLORIDA COUNTIES, INCLUDING BROWARD COUNTY Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A25  
  112257 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE CHARTER SHALL BE AMENDED TO PROVIDE AS OF JANUARY 31, 2012, COMMISSIONERS: MAY SERVE NO MORE THAN THREE CONSECUTIVE FOUR YEAR TERMS, EXCEPT CURRENT COMMISSIONERS, AT THE EXPIRATION OF THEIR CURRENT TERM, MAY SERVE FOR TWO ADDITIONAL CONSECUTIVE FOUR YEAR TERMS; SHALL DEVOTE FULL TIME SERVICE AS COMMISSIONERS AND HOLD NO OTHER ADDITIONAL EMPLOYMENT WITH ENTITIES DOING BUSINESS WITH THE COUNTY AND RECEIVE ANNUAL SALARY INCREASES FROM $6,000 TO STATE FORMULA SALARY (APPROXIMATELY $92,097) Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item(s) 11A20, Legislative File No. 112265 and 11A34 AMENDED, Legislative File No. 112352 for additional comments relating to the foregoing proposed resolution.
 
11A26  
  112260 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT, UPON CREATION OF A CHARTER REVIEW TASK FORCE BY THE COUNTY COMMISSION, ANY TASK FORCE PROPOSALS TO REVISE OR AMEND THE CHARTER SHALL BE PLACED ON THE BALLOT FOR APPROVAL BY THE ELECTORATE, IF SUCH PROPOSAL IS APPROVED BY 2/3’S VOTE OF THE TASK FORCE Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A27  
  112156 Resolution     Barbara J. Jordan        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL SERVE NO MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012 Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter and for additional comments made later in the meeting related to this Item.  
11A28  
  112157 Resolution     Barbara J. Jordan        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT EACH COUNTY COMMISSIONER SHALL NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD AN ANNUAL SALARY OF $75,000 AND ADJUSTED ANNUALLY Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A29  
  112192 Resolution     Joe A. Martinez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF POLICE DIRECTOR AS A CHARTER OFFICE WITH ITS OWN DEPARTMENT WHO SHALL BE APPOINTED BY THE MAYOR FOR A SPECIFIED TERM SUBJECT TO DISAPPROVAL BY THE COMMISSION AND SUBJECT TO REMOVAL BY THE MAYOR WITH THE COMMISSION’S CONSENT, OR BY THE COMMISSION ITSELF UPON A SUPERMAJORITY VOTE, AND WHO SHALL HAVE MORE INDEPENDENCE THAN AN APPOINTED DIRECTOR CURRENTLY POSSESSES Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A30  
  112193 Resolution     Joe A. Martinez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE CHARTER TO ESTABLISH THE OFFICE OF SUPERVISOR OF ELECTIONS AS A CHARTER OFFICE WITH ITS OWN DEPARTMENT WHO SHALL BE APPOINTED BY THE MAYOR FOR A SPECIFIED TERM SUBJECT TO DISAPPROVAL BY THE COMMISSION AND SUBJECT TO REMOVAL BY THE MAYOR WITH THE COMMISSION’S CONSENT, OR BY THE COMMISSION ITSELF UPON A SUPERMAJORITY VOTE, AND WHO SHALL HAVE MORE INDEPENDENCE THAN AN APPOINTED DIRECTOR CURRENTLY POSSESSES Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A31  
  112194 Resolution     Joe A. Martinez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER THE MIAMI-DADE COUNTY HOME RULE CHARTER SHALL BE AMENDED TO PROVIDE THAT BID PROTESTS ON CERTAIN COMPETITIVE PROCUREMENTS OF GOODS AND SERVICES SHALL BE HEARD BY HEARING OFFICERS IN A PROCESS MODELLED AFTER THE FLORIDA ADMINISTRATIVE PROCEDURES ACT AND THAT THE HEARING EXAMINER’S DECISION TO AWARD TO PARTICULAR VENDOR SHALL LIMIT THE COUNTY COMMISSION’S AUTHORITY TO AWARD THE CONTRACT TO ANOTHER VENDOR UNLESS THE COMMISSION DETERMINES SUCH DECISION IS AN ABUSE OF THE HEARING EXAMINER’S DISCRETION Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A32  
  112196 Resolution     Joe A. Martinez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA TO BE HELD ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR CREATION OF A TASK FORCE TO DEVELOP A ONE-TIME PLAN PLACING ALL UNINCORPORATED AREAS OF THE COUNTY WITHIN CITIES, WHICH PLAN, AS MAY BE AMENDED BY SUPERMAJORITY VOTE OF THE COMMISSION, SHALL BE SUBMITTED TO THE ELECTORATE AT A GENERAL ELECTION IN 2014 FOR APPROVAL AND IF APPROVED, WILL EFFECTUATE THE ANNEXATIONS AND INCORPORATIONS IN SUCH PLAN Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A33  
  112197 Resolution     Joe A. Martinez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON TUESDAY, [ ], FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE FOR THE CREATION AT LEAST ONCE EVERY 5 YEARS OF A 21-MEMBER CHARTER REVIEW TASK FORCE APPOINTED BY COUNTY COMMISSIONERS, THE MAYOR, EACH OF THE 4 LARGEST CITIES, AND THE LEAGUE OF CITIES TO CONSIDER PROPOSALS TO REVISE OR AMEND THE CHARTER AND TO REQUIRE PROPOSALS APPROVED BY A 2/3 MAJORITY OF THE TASK FORCE BE PLACED ON THE BALLOT FOR APPROVAL BY THE ELECTORATE Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.  
11A34  
  112113 Resolution     Rebeca Sosa
Lynda Bell
       
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND SHALL SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012 Amended
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for the Amended version.
 
  10/18/2011 4 Day Rule Invoked by the Board of County Commissioners  
11A34 AMENDED  
  112352 Resolution     Rebeca Sosa
Lynda Bell
       
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT: EACH COUNTY COMMISSIONER SHALL DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097); AND SHALL SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012 Adopted as amended
Resolution R-942-11
Mover: Rebeca Sosa
Seconder: Lynda Bell
Vote: 10 - 3
No: Jordan , Monestime , Heyman
  REPORT: Commissioner Sosa noted several Charter Review Task Force members who were present could not remain until the County Commission reconvened at 2:00 p.m. She requested that those members provide their statements before the Board went into Executive Session.

Commissioner Sosa noted she agreed with the Charter Review Task Force’s Final Recommendations and would abide by its recommendations; however, she questioned whether Issue 2 – Mayor and Board of County Commissioners Compensation and Issue 3 – Study of Term Limits, expressed the true intent of Task Force members. She asked Task Force members to indicate whether the proposed term limits would only apply to future service after the adoption of any Charter change, and not be retroactive.

Mr. George Luis Lopez, Charter Review Task Force Member, responded that the minutes properly reflected the Task Force’s deliberations and were very well documented by the Clerk of the Board. He confirmed that the Task Force members’ intent was quoted properly by Commissioner Sosa from the meeting minutes. Mr. Lopez said that the term limit issue would have a prospective application, if the County Commission put it before the voters. He noted he served on the Task Force to make recommendations to the County Commission and not to place issues directly before the voters.

Mr. Miguel A. De Grandy, Charter Review Task Force Member, noted he agreed with the statement Commissioner Sosa read from the minutes. He said he reviewed all Task Force minutes and did not find any mention of retroactive term limits. Mr. De Grandy said Charter review was about structural reform and by its nature was prospective. He noted a commissioner could be removed from office by either election or recall; therefore, this question need not be addressed by Charter reform. Mr. De Grandy said Charter reform was more appropriate to address issues relating to the structure and future of government.

Commissioner Sosa noted for the record that Mr. Carlos A. Diaz-Padron, who was her appointee to the Task Force, could not attend today’s meeting due to the death of his father. She said he communicated to her that it was not his intention for term limits to be retroactive.

Ms. Elizabeth Hernandez, Charter Review Task Force Member, noted pursuant to page 18 of the Final Recommendations, the proposed term limits would only apply to future service after the adoption of any Charter change. She said many of the resolutions on today’s agenda accurately reflected the specific language of this report. Ms. Hernandez reiterated that the Task Force was only a recommending body and respected the decisions that would be made by commissioners who were elected to serve and represent all County residents.

Mr. Murray Greenberg, Charter Review Task Force Member, confirmed to Commissioner Sosa that the minutes accurately reflected the vote of Task Force members. However, he noted a problem existed with the Task Force’s structure since members were selected by the County Commission and as a result, the community believed its recommendations were being filtered through the Commission. Mr. Greenberg said that Task Force recommendations should be forwarded directly to the voters for true Charter reform to occur.

Mr. Greenberg explained that in addition to serving as a member of this Task Force, he was the County Attorney on every Task Force since 1980. He noted this Task Force’s deliberations from 2007 to 2008 were the best, most in-depth, and most serious that he had ever experienced; however, he stated that nine of the ten commissioners who were on the Commission at the time, and who still are on the Commission, ignored the Task Force’s recommendations.

Mr. Greenberg noted Mr. Robert Ginsburg, Charter Review Task Force Member, could not be present today and asked him to forward the following comments: 1) salary proposals initiated by this County Commission were doomed and needed to be endorsed by an outside entity; 2) term limits should not be tied to salary increases; 3) another Charter Review Task Force was not necessary; 4) and Charter reform issues should be placed on the January ballot.

Commissioner Barreiro noted the Task Force unanimously recommended placing Charter Amendments on the General Election ballot. He questioned whether Mr. Greenberg was now recommending against that proposal.

Mr. Greenberg responded that a General Election generated a greater voter turnout; however, he noted he believed that issues needed to be presented sooner, based upon the perception that the County Commission was delaying the vote to ensure its members another term of office.

Commissioner Sosa noted changes in government were needed for future generations and should not be based upon personalities.

Ms. Yvonne Soler-McKinley, Charter Review Task Force Member, indicated that term limits were fully debated and the majority vote on this issue was presented to the County Commission. She noted she concurred with Mr. Greenberg that the Task Force members constituted a good cross representation of this community and that their recommendations should be presented to the voters.

Commissioner Diaz noted the County Commission established the Task Force to avoid being blamed for proposed Charter revisions. He questioned when the Task Force, which was established to be an advisory group, changed to a body whose recommendations were mandatory. Commissioner Diaz pointed out that the Commission already implemented many Task Force recommendations through ordinance, rather than by Charter revision.

Mr. Greenberg clarified that the Task Force was an advisory body in accordance with the resolution which created that committee. He noted he concurred with Mr. De Grandy that the electorate should consider all Task Force recommendations, because they would not pass through the political filter of the Commission. Mr. Greenberg indicated that many Task Force recommendations were ignored and not fully discussed by the County Commission. He pointed out that a number of recommendations would not have been considered had Mayor Gimenez, who also served on the Task Force, not put forward several proposals.

Chairman Martinez noted the Task Force’s composition was the County Commission’s fault. He said that the Task Force was not a good cross representation of the community as it primarily consisted of attorneys, elected or former elected officials.

Commissioner Moss noted the Task Force consisted of outstanding individuals who understood the process well. He said that the County Commission would decide which Task Force recommendations to place on the ballot. Commissioner Moss indicated that some Task Force recommendations, which the Commission did not previously support, may need to be reexamined. He said that he did not believe it was necessary to convene another Task Force since the items currently under consideration were similar to those that were considered by the previous Task Force. He acknowledged that the public desired some change, and his suggestion would be for the Commission to use the Task Force recommendations as a starting point. Commissioner Moss proceeded to inquire about the Task Force’s position on At-Large and Single Member Districts.

Mr. De Grandy responded that issues pertaining to At-Large and Single Member Districts received the Task Force members’ most extensive debate and staff analysis. He noted staff reviewed the different models throughout the nation; the intricacies of the Voting Rights Act; and the issues surrounding polarized voting. Mr. De Grandy said the Task Force voted 14-1 to maintain the existing system after discussing legal issues, the law of unintended consequences, and the perception of money and politics. He pointed out that three of the mayoral candidates in the previous election raised over $1 million whereas a Commission race raised only $250,000 for a viable election. Mr. De Grandy said At-Large elections would create a system in which it would be difficult to seek office at the grassroots level as candidates would have to raise $1 million to compete. He stressed that this would disqualify a large number of people who would otherwise be interested in participating in public service.

Mr. De Grandy expressed concern that the public sentiment was to implement the proposed Charter Review Task Force recommendations and then to deal with the Single Member District issue. He said that the Task Force recommended against implementing the Single Member District, but rather to maintain the current system which produced a government that was reflective of the ethnic and racial diversity of this community; and this recommendation should be considered as valid as the other recommendations.

Chairman Moss questioned Mr. De Grandy about term limits.

Mr. De Grandy responded that he did not believe in term limits; however, he noted sometimes issues needed to be considered from the public’s point of view. He said he believed that voters should be given a reasonable compromise.

Mr. Lopez clarified that he, Mr. Greenberg, Mr. De Grandy, and Ms. Hernandez all clearly understood that Task Force members were to serve in an advisory capacity and that he would have declined the invitation to serve if the Task Force had the authority to place items directly on the ballot. He noted he concurred with Commissioner Diaz that some proposals were legislative and others administrative and did not have to be amended by the voters.

Mayor Gimenez noted he served on the Charter Review Task Force and he agreed that the intent was for the recommendations to be prospective. He said he believed that the Task Force members’ recommendation on term limits and salaries would have been approved if placed on the ballot. Mayor Gimenez indicated that he changed his mind on many issues during the process as a result of the quality of deliberations. He recalled particularly a compelling argument presented by Task Force Member, Mr. H.T. Smith, about Single Member Districts that changed his mind.

Mayor Gimenez said that the Task Force was comprised of many bright individuals who deliberated in the best interest of the County. He noted he would not change his mind on some recommendations now that he was the Mayor, because he believed in those items then and continues to believe in them now. Mayor Gimenez indicated that some protections as well as separation of power from the Mayor were needed in appointed positions. He said that he was privileged to have participated on this Task Force noting it was composed of an extraordinary group of individuals.

Commissioner Heyman indicated that 12 of the 18 recommendations had already been addressed: two were recommended to be left alone (tax collector and Single Member District), one became State law, three were approved and another three were defeated by the voters, and four could be considered by ordinance. She noted she concurred with her colleagues that the County Commission should discuss the Charter issues and not convene a new Task Force. Commissioner Heyman noted, however, Task Force Member Ms. Lynn Dannheisser recommended a future Task Force should be convened to address issues related to the Strong Mayor and a potential vacancy in that office.

Commissioner Jordan expressed her desire that Task Force Members address the Task Force’s recommendations and not individual member’s opinions in today’s afternoon discussion.

The Board of County Commissioners recessed into Executive Session in the Conference room on the second floor at 12:57 p.m. Following the Executive Session and recess, the Board of County Commissioners reconvened at 3:00 p.m.

Chairman Martinez noted both he and Commissioner Sosa requested the County Attorney provide a report summarizing the Charter Review Task Force’s recommendations; the Commission’s history in considering those items; whether a ballot question was presented to the voters, and if so, the results of that vote; and whether the recommendation could be adopted by ordinance and/or resolution. He noted he requested the County Attorney to prepare legislation for every ballot question whether proposed by a County Commissioner or by the Task Force, and that any question not specifically sponsored by a commissioner be placed on the Agenda under his name.

Chairman Martinez noted he believed that the voters were primarily interested in term limits; in a January 2012 election; and in reforms becoming effective after the November 2012 election. He questioned whether members of the Commission wanted to discuss all 23 proposed items or only those related to term limits.

Commissioner Jordan indicated that a January 2012 election would jeopardize the Democratic process with only a limited number of voters, mostly Republicans, going to the polls. She said that all ballot questions should be presented in the November 2012 General Election at which time both Democratic and Republican voters would be represented.

Chairman Martinez asked commissioners to indicate whether they supported term limits and whether they preferred Charter Questions to be placed on the January 2012 or the November 2012 General Election ballot.

Commissioner Jordan noted she was opposed to term limits but would support them, even though eight years was not sufficient to understand the complexities of County government and to enact change.

Commissioner Suarez indicated that he supported eight-year term limits based upon the public sentiment. He said he supported placing Charter revisions on the January 2012 ballot for the following reasons: 1) the November 2012 ballot would contain many items and the Charter issues would not be a priority; 2) the consensus of the Commission would probably be for a January 2012 election; and 3) the media had commented the Commission was not acting expeditiously.

Commissioner Bell noted she supported eight-year term limits as evidenced by her co-sponsorship of Agenda Item 11A34, based upon her constituents’ sentiment. She said she supported placing Charter revisions on the January 2012 ballot and it was the voters’ responsibility to go to the polls, and not the Commission’s responsibility to make them vote.

Commissioner Sosa noted this was the second time she sponsored legislation for a salary for commissioners, no outside employment and a two-term limit. She acknowledged Commissioner Bell for her co-sponsorship of this proposed resolution as recommended by the Task Force. Commissioner Sosa said the public wanted commissioners to serve only two terms, as did the President, State Senators and Congressional Representatives. She noted she believed the public was interested in change and that a January 2012 election would have a greater turnout of voters who were interested in the ballot questions.

Commissioner Souto noted he supported eight-year term limits and a January 2012 election.

Commissioner Diaz noted he respected his constituents’ desire for term limits although he considered that four-year term limits were already in place. He also indicated that due to the low anticipated voter turnout, only a few items such as term limits, salary and perhaps the creation of a few departments should be placed on the ballot. Commissioner Diaz said other significant issues should be presented in November 2012 as public input was needed on these issues.

Commissioner Monestime expressed his support for eight-year term limits; however, he indicated that he did not support placing Charter questions on the January 2012 ballot since that election was primarily to select a Republican Presidential nominee and would confuse voters.

Commissioner Barreiro indicated that although the electorate wanted term limits, he had not seen any research which documented that term limits were the solution. He said he had previously proposed legislation for 12-year term limits with one additional four-year term for commissioners who had already served 12 years. Commissioner Barreiro noted he represented the entire County even though he was elected by a single District and a January 2012 election would disenfranchise voters. He said an issue of this magnitude should be presented in a General Election and should not prevent commissioners re-elected on August 14, 2012 from serving an additional term of office.

Commissioner Moss noted he was opposed to term limits; however, voters wanted change and he was prepared to support eight-year term limits. He indicated that he favored a November 2012 election even though the community sentiment was for a January 2012 election date. Commissioner Moss pointed out that a certain number of commissioners in office today would receive another two terms with a January election; and that all commissioners would not be up for reelection at the same time.

Assistant County Attorney Oren Rosenthal clarified that pursuant to Task Force Recommendation No. 4, commissioners up for reelection in 2014 would be eligible for two additional terms of office after the expiration of their current term.

Commissioner Heyman said she had always considered the County Charter a sacred document for the foundation of government. She noted, according to media reports, the public was asking for the Charter questions to be placed on the January 31, 2012 ballot because they wanted to be heard and wanted to be heard now, although she believed commissioners listened to their constituents continually. Commissioner Heyman said there was insufficient time for public meetings to provide information about ballot questions before a January 2012 election. She noted she concurred with Commissioner Barreiro that ballot questions should be considered at the General Election as recommended by the Task Force to allow for maximum voter participation, public meetings and electorate education. Commissioner Heyman indicated that she opposed eight-year term limits noting cutting the tenure short would shortchange Miami-Dade County’s voice at the regional, State, and federal levels. Commissioner Heyman noted she supported 12-year term limits so that commissioners could successfully work on issues which impacted the entire County.

Commissioner Bovo noted he supported the Task Force’s recommendation for eight-year term limits. He said that he considered the election date a nonpartisan issue and that elections provided a fresh perspective on the public sentiment. Commissioner Bovo said he believed that placing Charter reform on the January 2012 ballot would not disenfranchise voters. He indicated that the community was disillusioned with the County Commission since they had the opportunity to place Charter issues on a previous General Election ballot but chose not to do it.

Commissioner Edmonson asked whether the Task Force recommended that Charter reform be considered in the General Election and that commissioners serve two, four-year terms of office.

County Attorney Cuevas confirmed that the Task Force recommended that proposed Charter Amendments be considered at a General Election and that commissioners serve two, four-year terms of office.

Commissioner Edmonson indicated that she supported the Task Force’s recommendations. She said that commissioners were either voted in or out of office or recalled. Commissioner Edmonson noted the media and a few individuals were saying that the people were in favor of commissioners serving two four-year terms; however, this was not the sentiment from within her District. Commissioner Edmonson stated that she represented the entire County; that everyone deserved the opportunity to vote, whether Democratic, Republican, or Independent; and that one category should not have an advantage over another. Therefore, she said, she did not support a January 2012 election.

Chairman Martinez noted most commissioners seemed to favor either eight or 12-year term limits; however, they seemed to be evenly divided as to whether Charter questions should be considered in the January 2012 or the General election. He pointed out that Miami-Dade County was not a Democracy, but an Oligarchy ruled by the few who actually vote and by a small group of individuals such as the media and community/civic leaders. Chairman Martinez noted term limits/salaries and petition issues were the main items to be considered today and many proposed items were placed on the Agenda for discussion purposes, if so desired.

Chairman Martinez indicated that he would support eight-year term limits even though he did not agree with them. He said that County residents did not like the County Commission as a governing body but they approved of their individual District Commissioners based upon the good they did within those communities. Chairman Martinez expressed the belief that if an eight-year term limit was adopted it would be felt ten to 12 years later when people realized that only the bureaucrats and the lobbyists possessed institutional knowledge. He said he was informed that lobbyists commonly wrote legislation for State representatives and they would essentially be running County government in the future. He noted Miami-Dade County was larger than 77 countries and 19 states and he believed that twelve-year term limits were needed for commissioners to learn the intricacies of County government and effectively represent the community. Chairman Martinez noted he concurred with Commissioner Bell that it was the duty and responsibility of the electorate to vote on these issues. He expressed support for a January 2012 election to allow the eight-year term limits to go into effect prior to the November 2012 election. Chairman Martinez explained that Charter reform was a difficult and timely process and that many of the proposed reforms could be addressed administratively through ordinance, allowing the flexibility to make changes in the future as needed.

It was moved by Commissioner Sosa that the foregoing proposed resolution be adopted as amended to be consistent with the Task Force Recommendation No. 4; to include two, four-year term limits; no outside employment; and a salary based upon the State formula. This motion was seconded by Commissioner Bell.

Following the vote on the foregoing resolution, the Board engaged in the following additional discussion relating to the proposed Charter amendments.

Commissioner Suarez asked Assistant County Attorney Oren Rosenthal to provide an overview of all proposed Agenda Items pertaining to term limits.

Assistant County Attorney Rosenthal explained that four Agenda Items existed relating to term limits as follows: 1) Item 11A12, sponsored by Commissioner Barreiro, provided three consecutive, four-year terms and that current commissioners with term limits would receive one additional four-year term; 2) Item 11A25, sponsored by Commissioner Heyman, provided three consecutive, four-year terms and that current commissioners would receive two additional four-year terms. He noted Commissioner Heyman had requested that this item be amended to provide only one additional four-year term, similar to Commissioner Barreiro’s proposal; 3) Item 11A27, sponsored by Commissioner Jordan, provided three consecutive, four-year terms moving forward, not counting terms already served, and would apply upon expiration of the current term; and 4) Item 11A34, sponsored by Commissioner Sosa and co-sponsored by Commissioner Bell, provided two consecutive four-year terms.

Assistant County Attorney Rosenthal read into the record proposed amendment(s) to the foregoing proposed ballot question: to insert the following language on handwritten page 4, line 1 of the ballot question “…as of January 31, 2012” after “Shall the Charter be amended to provide that, …”; and to remove from the second bullet point, line 4 the word “statutory” and from line 5 the language “by the County’s population”; and then proceeded to read the entire ballot question as amended into the record. He also noted a proposed amendment to insert the following language on handwritten page 7, at the beginning of line 1and at the end of line 5 before the word “County” in Article-1, Section 1.06 of the Home Rule Charter, “Commencing January 31, 2012…”

Pursuant to Commissioner Diaz’ question as to whether two consecutive ballot questions could be presented to voters on a particular item, County Attorney Cuevas replied that the courts would rule that two questions would be confusing to the voters.

Responding to Chairman Martinez’ question as to what would happen in the event that both ballot questions passed, County Attorney Cuevas noted the item which received the most votes would prevail.

Commissioner Barreiro asked whether Commissioner Sosa would accept a friendly amendment that current commissioners would be permitted to serve one additional four-year term.

Commissioner Sosa responded that she sponsored the proposed resolution exactly as recommended by the Task Force and that the Commission should uphold the rules established by the electorate.

Commissioner Jordan questioned whether outside employment was restricted by other communities that provided commissioners with a salary based upon the State formula.

County Attorney Cuevas responded that he was informed by Assistant County Attorney Cynthia Johnson-Stacks that all Florida counties, other than Miami-Dade, provided commissioners with a salary based upon the State formula and that those counties did not restrict outside employment, pursuant to the results of a survey conducted by the Task Force.

Commissioner Jordan expressed concern that many commissioners currently in office and those considering holding office in the future would be precluded from outside employment. She said that $91,000 was a decent salary; however, it was not adequate for many professionals and others interested in holding public office. Commissioner Jordan noted her constituents were not concerned about the salary issue and that Miami-Dade County should not be different from other communities that had adopted the wage ordinance based upon the opinion of a select few individuals.

Commissioner Heyman expressed her opposition to the proposed resolution as amended since voters opposed term limits as a method to remove commissioners from office. She also noted other counties established commissioners’ salaries based upon State formula and did not preclude commissioners from holding outside employment. Commissioner Heyman said that Miami-Dade residents clearly communicated that they were opposed to commissioners having conflicts of interests, but she pointed out that this did not preclude commissioners from holding legitimate jobs and practicing their profession. Commissioner Heyman noted the only eligible candidates for office under these criteria would be pensioned, senior citizens who did not require employment or other individuals who could not otherwise obtain employment.

Commissioner Monestime pointed out that he owned a business and did not support including a prohibition on outside employment in the proposed resolution. He asked the sponsor of this proposal to accept a friendly amendment to remove the language that required each County Commissioner to devote full-time service to the office of County Commissioner and hold no other employment.

Commissioner Sosa responded that her proposed resolution was based upon the Task Force members’ recommendation. She reiterated that she wished to keep her motion as originally stated according to the publics’ sentiment with no outside employment; a salary based upon the State formula; and two, four-year term limits.

Mayor Carlos Gimenez explained that the Task Force voted 14-0 that while a $6,000 annual salary for a County Commissioner may have been a decent salary in 1957, it was no longer appropriate to consider commission service as part-time employment. He said that the $92,000 salary as determined by State formula was approximately twice the local average family income; that this salary would open the process up to more people willing to serve on the Commission; and that Task Force members believed that commissioners should devote 100 percent of their time to the office in return for this salary.

Commissioner Monestime noted he made a choice to serve the community when elected to the County Commission and his decision to seek public office was not based upon the salary. He said that although he fully supported the eight-year term limit, he could not support the proposed salary and prohibition on outside employment. Commissioner Monestime stressed that the salary earned by a commissioner outside his/her County responsibilities should not be anyone’s concern, unless a conflict of interest existed.

County Attorney Cuevas clarified that the proposed resolution for commissioners to devote full-time service to that office and to hold no other employment would become effective immediately if approved on a January 31, 2012 ballot. He said in that case Commissioner Monestime’s options would be either to resign from the Commission or to receive passive income from his business, rather than salary income.

Commissioner Bovo noted he concurred with Commissioners Heyman and Monestime; however, the Commission should vote for or against the Task Force members’ recommendation. He expressed his opinion that commissioners held public office to provide a public service and to make a difference in the community, rather than to earn a salary.

Commissioner Bell said that she supported the proposed resolution in its present form as originally presented and unanimously recommended by the Task Force. She said she believed that the voters wanted their commissioners to dedicate full-time service in exchange for a salary and to hold no outside employment.

Commissioner Diaz noted firefighters, police and other County employees were not prohibited from holding second jobs. He questioned whether any other municipality, city, or State limited outside employment.

Commissioner Jordan answered that no other municipality, city, or State limited outside employment.

Commissioner Diaz noted Commissioner Monestime chose to serve the community knowing that the office provided a limited salary and benefits, even though he needed to continue providing for his family. He said the Task Force members specified that recommendations should not be placed on the ballot without obtaining public input.

Assistant County Attorney Rosenthal confirmed that the Task Force members recommended that public hearings be held on all proposed Charter amendments at the time the County Commission set the election date.

County Attorney Cuevas advised that six public meetings were required. He said that a difference existed between a public meeting and a public hearing, noting that the public had the right to appear, speak, and be heard at a public hearing.

Commissioner Diaz pointed out that the public was being removed from the Charter reform process; yet, the media was encouraging public input over the gambling issue. He noted he concurred with Commissioner Jordan that approximately 16 percent of registered voters would exercise the right to vote in the January 2012 election, whereas 50 to 60 percent of voters would vote in the General Election. Commissioner Diaz urged his fellow commissioners to think carefully about this issue before reaching a decision.

Commissioner Monestime clarified that this was not a personal issue and did not want to be the focus of this discussion. He indicated that he chose to serve the community and at the same time continue to maintain his business as other commissioners have done.

Commissioner Edmonson noted many of her collegues maintained professional licenses which would now become inactive or which would not be renewed if they were unable to work the requisite number of hours for certification. She said the Task Force was an advisory body and its recommendations might not be in the best interest of the community when evaluating all related issues and their consequences. Commissioner Edmonson noted only retired and unemployed individuals would be able to seek public office once working professionals were disqualified. She said that the public needed to vet these issues and not rely on the media or a chosen few individuals for this information.

Chairman Martinez pointed out that Commissioners Sosa and Bell, co-sponsors of the proposed resolution, both said that they did not wish to amend their proposal because they wanted it to be consistent with the Task Force members’ recommendations; however, he asked why Commissioners Sosa and Bell did not suggest that their proposal be placed on the General Election ballot as the Task Force members had recommended.

County Attorney Cuevas confirmed that one of the proposed Task Force members’ recommendations was for Charter Amendments to be placed only on the General Election ballot which occurs in November every two years.

Commissioner Sosa said she was informed the Task Force members recommended that Charter Review questions be placed on the General Election ballot upon a 2/3 vote, so that Special Elections would not be held at the taxpayers’ expense.

Assistant County Attorney Rosenthal clarified the Task Force members’ recommendations as follows: that residents be given 120 days rather than 60 days to gather signatures for proposed Citizens’ Initiative Petitions; and that proposed Charter Amendments must only be placed on a General Election ballot.

In response to Commissioner Sosa’s comment that the recommendation would become effective upon voter approval, Chairman Martinez pointed out that Commissioners Sosa and Bell were inconsistent when they said they supported the Task Force members’ recommendations and a January 2012 election date when the Task Force recommended Charter Amendments be considered at a General Election.

Assistant County Attorney Rosenthal further clarified that pursuant to Recommendation No. 9 on Page 22 of the Charter Review Task Force Executive Summary, which passed by a 14-0 vote, “The Home Rule Charter should be amended to provide that the time periods to collect signatures for proposed Charter amendments and citizens’ initiatives be extended to 120 days and that proposed Charter amendments must only be placed on the ballot during a General Election.”

In response to Chairman Martinez’ request, Assistant County Attorney Rosenthal confirmed that the language applied to any Charter Amendment, which would be presented either by the County Commission or through citizens’ initiatives.

Commissioner Bovo pointed out that the County Commission ignored the Task Force by not including any of their recommendations in either the 2008 or 2010 elections. He suggested that the Commission should vote on the 11 Task Force recommendations that were not previously considered by this body.

Chairman Martinez commented that the public wanted two-term limits and no outside employment; however, he reiterated that the proposal as presented was not a true reflection of the Task Force members’ recommendation.

Commissioner Sosa asked County Attorney Cuevas for clarification as to whether once the question was placed on a ballot the recommendation would become law immediately upon a successful public vote. She also asked whether a rule existed requiring that Charter questions be presented to a public vote in a General Election.

County Attorney Cuevas responded that the law would go into effect upon certification of the election and that a rule did not exist which required that Charter questions be considered only in a General Election.

Commissioner Sosa commented that the foregoing proposed resolution was consistent with the Task Force members’ recommendation since currently a rule did not exist which required that Charter questions be considered only in a General Election. She noted County employees were permitted to hold outside employment; however, they did not vote on issues affecting County government. Commissioner Sosa said the community believed that County Commissioners should be able to vote on all issues presented before that body, without conflict. She inquired whether Mayor Gimenez had scheduled a public meeting on Friday, November 4, 2011 to discuss Charter reform issues and whether additional meetings would be held, in accordance with previous legislation proposed by Commissioner Souto.

Mayor Gimenez indicated that a public meeting was held yesterday, Monday, November 2, 2011 and that the Administration did not have sufficient time to hold the six required public meetings. He noted additional meetings would be scheduled in the future to keep the public informed about Charter issues.

Commissioner Sosa clarified that teachers were required to complete 120 credits every five years to renew their license and were not required to be in a classroom; and that many employers provided their employees a leave of absence thereby allowing them to return to their job at a later date. Commissioner Sosa noted she had previously presented this proposal in response to the public sentiment, and not her personal interest.

Commissioner Bell noted she believed the public was asking for the changes that were included in this proposed resolution. She said that it was disingenuous to say no public input was sought on the proposed Charter reform issues, noting discussions were held during her campaign for the District 8 Commission seat, during the mayoral election, and during Town Hall meetings recently held on other issues.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as amended.
 
11A34 ALTERNATE NO. 1  
  112312 Resolution     Lynda Bell        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE AS OF JANUARY 31, 2012, THAT EACH COUNTY COMMISSIONER SHALL: DEVOTE FULL-TIME SERVICE TO THE OFFICE OF COUNTY COMMISSIONER AND HOLD NO OTHER EMPLOYMENT; AND NO LONGER RECEIVE THEIR CURRENT $6,000 ANNUAL SALARY ESTABLISHED IN 1957, BUT RECEIVE INSTEAD THE SALARY PROVIDED BY STATE STATUTORY FORMULA, ADJUSTED ANNUALLY BASED ON THE COUNTY’S POPULATION (CURRENTLY APPROXIMATELY $92,097) (SEE ORIGINAL ITEM UNDER FILE NO. 112113) Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A34 ALTERNATE NO. 2  
  112313 Resolution     Lynda Bell        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROVIDE THAT COUNTY COMMISSIONERS SHALL SERVE NO MORE THAN TWO CONSECUTIVE FOUR-YEAR TERMS IN OFFICE EXCLUDING TERMS OF SERVICE PRIOR TO 2012 (SEE ORIGINAL ITEM UNDER FILE NO. 112113) Withdrawn
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.
 
11A35  
  112255 Resolution     Xavier L. Suarez        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, JANUARY 31, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO DECREASE THE AMOUNT OF SIGNED INITIATORY PETITIONS REQUIRED TO CALL A SPECIAL ELECTION TO PROPOSE A CHARTER AMENDMENT FOR APPROVAL BY THE VOTERS FROM THE CURRENT TEN PERCENT OF THE TOTAL NUMBER OF REGISTERED ELECTORS IN THE COUNTY TO FIVE PERCENT OF THE TOTAL NUMBER OF REGISTERED VOTERS IN THE COUNTY Deferred to No Date Certain
  REPORT: SPECIAL NOTE: See Agenda Item 11A34 AMENDED, Legislative File No. 112352 for preliminary comments and discussion prior to the consideration of resolutions calling for a Countywide Special Election to amend the Home Rule Charter.

See Agenda Item 11A20, Legislative File No. 112265 for additional comments relating to the foregoing proposed resolution.

Commissioner Suarez noted a Charter revision vote would not be held until the General Election if a petition drive succeeded. He said that gathering 10 percent of qualified voters’ signatures would require 137,500 signed petitions and that no candidate recently seeking a countywide election had received this number of votes. Commissioner Suarez proposed reducing the number of signed petitions required to call a Special Election from 10 percent of registered electors to five-percent.

It was moved by Commissioner Suarez that the foregoing proposed resolution be adopted as presented. This motion was seconded by Commissioner Diaz.

Chairman Martinez pointed out that low voter turnouts between eight and 15 percent were common and a further reduction to the number of required signatures to five-percent would not provide a sufficient voter sampling. He suggested that this item be discussed in a public forum before being placed on the ballot.

Commissioner Diaz noted this proposed resolution would reduce the number of signatures required to amend the Charter to five-percent of all registered voters. He said that he supported both lowering the number of signatures needed to amend the Charter and extending the time to collect signatures.

Chairman Martinez clarified that this proposed resolution was not just a question of recall and should be taken seriously as it would change the County’s Home Rule Charter; and would determine how the County Commissioners governed into the future. He pointed out that once a five-percent requirement to amend the Charter was approved, any future change would require a 15 percent plus 1 vote for a future repeal.

Commissioner Diaz noted colleagues in Tallahassee were currently initiating efforts to gather petition signatures allowing them to make changes to the Miami-Dade County Charter by placing questions on the local ballot.

Responding to Commissioner Moss’ question, Mayor Gimenez noted the Task Force members believed extending the time requirement was the right thing to do, but did not support lowering the ten percent signature requirement.

Commissioner Moss noted he did not support the foregoing proposed resolution.

Commissioner Sosa noted she concurred with Commissioner Moss that she would not support the proposed resolution. She pointed out that the Commission had established many rules and regulations in response to previous election problems which later needed to be rescinded. Commissioner Sosa said she supported the collection of signatures to place questions on the ballot; however, this could lead to additional Charter elections being held in the future without consideration of the costs associated with conducting those elections. She stressed that the Task Force members recommended increasing the number days to gather signatures to increase participation in the process but not reducing the number of required signatures.

Commissioner Monestime questioned the number of signatures the State of Florida required to place a Constitutional Amendment on the ballot. He noted Commissioner Bovo made a valid argument that increasing the number of days to obtain ballot signatures allowed additional participation, especially for citizens who were not tied to deep pockets or special interests. Commissioner Monestime expressed support for the proposed resolution, since lowering the threshold to five-percent would facilitate the process by requiring fewer signatures at a reduced expense.

Commissioner Bovo noted he concurred with Commissioner Monestime; however, he indicated that the commissioners wished to follow the Task Force members’ recommendations to the extent possible. He stated that the item was presented with good intentions, and would probably receive his support at a future date; however, presently he could not support the foregoing proposed resolution.

The foregoing proposed resolution was withdrawn by Commissioners Suarez and Diaz.
 
11A36  
  112288 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Rebeca Sosa
Barbara J. Jordan
       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS SB 256, HB 291 OR SIMILAR LEGISLATION IMPROVING SAFEGUARD FOR HIGH SCHOOL ATHLETES WHO MAY HAVE SUFFERED CONCUSSIONS Adopted
Resolution R-943-11
Mover: Joe A. Martinez
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: Chairman Martinez noted the National Football League and other leagues adopted guidelines for athletes suspected of sustaining concussions. He also noted the Florida Legislature filed legislation to provide improved safeguards for high school athletes. Chairman Martinez proceeded to introduce Mr. David Goldstein to further comment on this proposed resolution.

Mr. David Goldstein, a junior at Ransom Everglades School spoke in support of the foregoing proposed resolution, which urged the County Commission to support the passage of Senate Bill 256 and House Bill 291. He noted he suffered from three concussions and was personally aware of the pain and fear caused by these injuries. Mr. Goldstein explained that the proposed legislation would protect youth athletes at no cost to the County and that his project, Countywide Concussion Care, had raised over $35,000 in the past years to spread concussion education and provide impact concussion testing throughout the County. He further indicated that Miami-Dade County was the only county providing concussion testing to all public schools that offered athletic programs, according to Dr. Gillian Hotz, University of Miami Neurophysiologist. Mr. Goldstein explained that this legislation provided rules and guidelines for school and youth athletics, including club sports and organized recreational athletics at parks and youth centers. He noted the legislation would mandate parental consent; educate parents, athletes, coaches, administrators and referees; remove athletes from play suspected of head trauma; and provide a recovery plan managed by medical professionals.

Chairman Martinez congratulated Mr. Goldstein and suggested that he establish a fundraiser for this project.

Mr. Goldstein indicated that he raised an initial $8,000 at Ransom Everglades School and an additional $27,000 through personal solicitations. He noted the initial $35,000 would support impact testing for all public schools with athletic programs in the County for several years; however, more money would be needed in the future.

Commissioner Sosa noted the Commission already approved legislation on June 3, 2010 related to head injuries to youths participating in team sports at County parks and facilities. She commended Mr. Goldstein and his family and offered her support to any future efforts on behalf of this initiative.

Commissioner Diaz also commended Mr. Goldstein, stressing that awareness was needed to protect athletes and offered his support.

Commissioner Moss questioned the testing process.

Mr. Goldstein responded that impact tests measuring cognitive functions were developed by neuroscience physicians at the University of Pittsburg. He noted a base line test would be administered by Dr. Hotz on all student athletes and then compared to a subsequent test measuring reaction times that was administered after a suspected concussion.

Chairman Moss congratulated Mr. Goldstein, noting this project would help student athletes in the future.

Commissioner Jordan commended Mr. Goldstein, noting he not only saw a problem but did something about it to help everyone.

Chairman Martinez acknowledged Mr. Goldstein, noting he had created a significant impact.

Assistant County Attorney Jess McCarty advised that a scrivener’s error should be corrected on handwritten page 4, in the 5th Whereas Clause; and on handwritten page 5, in the Now, Therefore Clause in Section 2 of the foregoing proposed resolution should be corrected to change the name “Senator Anitere Florida” to “Senator Anitere Flores”.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as corrected.
 
11A37  
  112106 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Jose "Pepe" Diaz
Esteban L. Bovo, Jr.
Sally A. Heyman
Barbara J. Jordan
Sen. Javier D. Souto
Dennis C. Moss
       
  RESOLUTION APPROVING THE 2011 BASIC AFFILIATION AGREEMENT BETWEEN THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA AND THE UNIVERSITY OF MIAMI Adopted
Resolution R-944-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
  10/25/2011 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
11A38  
  112210 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION ALLOCATING FY 2011-12 DISTRICT 3 OFFICE BUDGET FUNDS Adopted
Resolution R-945-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11A39  
  112221 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION RESCINDING PRIOR ALLOCATIONS FROM DISTRICT 11 DISCRETIONARY RESERVE FUNDS AND ALLOCATING UNEXPENDED DISTRICT 11 FY 2008-09 DISCRETIONARY RESERVE FUNDS Adopted
Resolution R-946-11
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
11 B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  112370 Report      
  ALLOCATION OF (FY) 2011/12 DISTRICT OFFICE BUDGET FUNDS (DISTRICT 2) Approved
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 2 Office Budget Funds as requested by Commissioner Monestime.

$1,000 to Catholic Legal Services
$1,000 to Barnabas Community Ministries, Inc.
$500 to Girls Receiving Abundant Blessings, Inc.
 
11B2  
  112371 Report      
  ALLOCATION OF (FY) 2008/09 DISCRETIONARY RESERVE FUNDS (DISTRICT 8) Approved
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 8 Office Budget Funds as requested by Commissioner Bell.

Up to $3,000 to the Parks Foundation

For the record, Commissioner Bell made a retroactive allocation in the amount of $289.75 from the District 8 Office Budget Funds, for the Family Movie Night Event on October 21, 2011.

For the record, Commissioner Bell made a retroactive allocation in the amount of up to $250.00 from the District 8 Office Budget Funds, for the Halloween Track or Treat Event at Cutler Ridge Park that took place on October 29, 2011.
 
11B3  
  112372 Report      
  ALLOCATION OF (FY) 2008/09 DISCRETIONARY RESERVE FUNDS (DISTRICT 9) Approved
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The following funding allocations were made from fiscal year (FY) 2008/09 District 9 Discretionary Reserve Funds as requested by Commissioner Moss.

$2,000 to KINAD, Inc., for program support
$500 to CHI for their breast cancer walk
$1,365 Ms. Gooze, Inc., for program support

For the record, Commissioner Moss asked to rescind the allocation made on September 22, 2011, from (FY) 2010/11 Office Funds in the amount of $2,000.00 to KINAD, Inc., for program support.
 
11B4  
  112373 Report      
  ALLOCATION OF (FY) 2011/12 DISTRICT OFFICE BUDGET FUNDS (DISTRICT 9) Approved
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The following funding allocation was made from fiscal year (FY) 2011/12 District 9 Office Budget Funds as requested by Commissioner Moss.

$1,600 to La Prensa del Sur for the 31st Annual Celebration of the “Hispanic Heritage Constitution”
 
11B5  
  112374 Report      
  ALLOCATION OF (FY) 2011/12 DISTRICT OFFICE BUDGET FUNDS (DISTRICT 10) Approved
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The following funding allocation was made from fiscal year (FY) 2011/12 District 10 Office Budget Funds as requested by Commissioner Souto.

$250 to Josefa Castano Kidney Foundation
 
12 ALLOCATION OF FY08/09 DISCRETIONARY RESERVE FUNDS D/9  
13 COUNTY ATTORNEY  
14 ITEMS SUBJECT TO 4-DAY RULE  
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  112232 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON NOVEMBER 3, 2011(Clerk of the Board) Accepted as amended
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
  REPORT: The foregoing proposed report was amended to reschedule the public hearing date originally set for Agenda Item 4G (Legislative File No. 112269) from the Infrastructure and Land Use Committee meeting on December 14, 2011 to the Board of County Commission meeting on December 6, 2011 at 9:30 a.m.

The foregoing proposed report was subsequently reconsidered at the November 15, 2011 County Commission meeting. At that meeting, the Board further amended this report to change the public hearing date originally set for Agenda Item 4A (Legislative File No. 112089) from the December 13, 2011 Internal Management and Fiscal Responsibility Committee at 2:00 p.m. to the December 12, 2011 Regional Transportation Committee at 9:30 a.m.
 
15B2  
  112233 Report      
  COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD APRIL 11 2011 (SPECIAL MEETING OF THE BCC) APRIL 27, 2011 (COMPREHENSIVE DEVELOPMENT MASTER PLAN) MAY 17, 2011 (REGULAR MEETING) MAY 18, 2011 (COMPREHENSIVE DEVELOPMENT MASTER PLAN) JULY 14, 2011 (SPECIAL MEETING OF THE BCC)(Clerk of the Board) Approved
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15C1  
  112351 Nomination      
  APPOINTMENT OF DANIEL KAPLAN TO THE PLANNING ADVISORY BOARD Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing reappointment by Chairman Martinez.  
15C2  
  112354 Nomination      
  APPOINTMENT OF ILEANA PETISCO TO COMMUNITY COUNCIL 11 (SUB AREA 116) Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Chairman Martinez.  
15C3  
  112355 Nomination      
  APPOINTMENT OF DANIELA SALINAS TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Commissioner Barreiro.  
15C4  
  112356 Nomination      
  APPOINTMENT OF ARIELLE DERIVAL TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Commissioner Barreiro.  
15C5  
  112358 Nomination      
  APPOINTMENT OF CYNTHIA LARROQUE TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Chairman Martinez.  
15C6  
  112359 Nomination      
  APPOINTMENT OF STEPHANIE PARDINAS TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Chairman Martinez.  
15C7  
  112360 Nomination      
  APPOINTMENT OF ALEXA VERITE TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing appointment by Chairman Martinez..  
15C8  
  112357 Nomination      
  REAPPOINTMENT OF JONATHAN BURGER TO THE MIAMI-DADE YOUTH COMMISSION Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted, and the Clerk of the Board of County Commissioners received the appropriate memorandum for the foregoing reappointment by Commissioner Heyman.  
15C9  
  112450 Nomination      
  APPOINTMENT OF LIZ-MARIE ALVARADO TO THE COMMISSION FOR WOMEN Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted the foregoing appointment by Commissioner Moss.  
15C10  
  112451 Nomination      
  APPOINTMENT OF JOHN DUBOIS TO THE INTERNATIONAL TRADE ADVISORY BOARD Appointed
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 13 - 0
  REPORT: The Board of County Commissioners accepted the foregoing appointment by Commissioner Bell.  
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15D1  
  112235 Nomination      
  BALLOT APPOINTMENT OF MEMBER TO THE LAND ACQUISITION SELECTION COMMITTEE (LASC) PATRICIA L. PHARES AUDREY ORDENES(Clerk of the Board) Appointed
  REPORT: Chairman Martinez announced that by ballot vote, the following person was appointed to the Land Acquisition Selection Committee:

- Audrey Ordenes
 
15D2  
  112276 Nomination      
  BALLOT APPOINTMENTS TO THE PLANNING ADVISORY BOARD (PAB) WILLIAM RILEY (INCUMBENT) GEORGE LINDEMANN(Clerk of the Board) Appointed
  REPORT: Chairman Martinez announced that by ballot vote, the following person was appointed to the Planning Advisory Board:

- William Riley
 
15E MAYOR’S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
15F1  
  112019 Ordinance   Joe A. Martinez        
  ORDINANCE RELATING TO ZONING; MODIFYING NOTICE REQUIREMENTS AND PROCEDURES FOR APPLICATIONS TO EXTEND EXPIRATION DATES, BUILD OUT DATES, AND PHASING DEADLINES IN CERTAIN PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDERS AND RELATED ZONING ACTIONS; AMENDING SECTIONS 33-303.1, 33-309, 33-310, AND 33-311 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Public hearing and Second Reading Rescheduled
  REPORT: Pursuant to County Attorney Robert Cuevas’ request, it was moved by Commissioner Edmonson that Agenda Item 4C (112019) originally adopted on first reading on October 18, 2011 and scheduled for public hearing before the Infrastructure and Land Use Committee on November 9, 2011, be rescheduled for public hearing and seconding reading before the Board of County Commissioners on November 15, 2011. This motion was seconded by Commissioner Heyman and upon being put to a vote, passed by a vote of 7-0, (Commissioners Barreiro, Diaz, Jordan, Monestime, Moss, and Sosa were absent).  
  10/18/2011 Adopted on first reading by the Board of County Commissioners  
15F2  
  112362 Report      
  NON-AGENDA ITEM: COMPREHENSIVE DEVELOPMENT MASTER PLAN HEARING
  REPORT: Chairman Martinez noted the Sustainability, Planning, and Economic Enhancement Department requested that another Comprehensive Development Master Plan Hearing be added to the Board of County Commissioners’ 2011 meeting calendar during the month of November.

It was moved by Commissioner Suarez that the Comprehensive Development Master Plan (CDMP) Transmittal Hearing be rescheduled for the April 2011 CDMP Amendment Cycle, which was originally scheduled for November 16, 2011 to November 30, 2011 at 2:00 p.m. This motion was seconded by Commissioner Bell.

Commissioner Heyman noted, according to the Rules of Procedure, a written notice signed by a majority of the members of the commission was required to schedule Special Meetings, and a commissioner must be able to attend that meeting if he/she signed that notice. She said that she would be unable to attend this proposed meeting and questioned whether the rule would also apply to a change of date for Special Meetings.

County Attorney Robert Cuevas advised that the rule did not apply to Commissioner Heyman’s situation.

Commissioner Sosa questioned the rationale for rescheduling the CDMP meeting and whether any additional costs would be incurred to re-advertise the meeting.

Deputy Mayor Jack Osterholt explained that the CDMP meeting was cancelled and subsequently rescheduled to provide Administration additional time to obtain a sponsor for the amendment.

County Attorney Cuevas further clarified that the BCC adopted an amendment to allow private applications to come forward under the Mayor’s sponsorship, but this would not be in effect for the November 16, 2011 CDMP meeting.

Chairman Martinez stated for the record that the District Commissioner did not support this Item and therefore did not want to sponsor it. He noted the ordinance for first reading stated that a private application could be heard by the County Commission to debate on the merits and the Department would provide a positive or negative recommendation; however, the Administration needed additional time to obtain a sponsor for the amendment.

Mr. Mark Woerner, Chief Metropolitan Planning, Department of Planning and Zoning, explained that the transmittal hearing for CDMP applications filed in the April cycle must occur during November. He informed Commission members that Senator Diaz de la Portilla had requested a change in meeting date to the last week in November due to a conflict with a scheduled committee meeting in Tallahassee.

County Attorney Cuevas clarified that State legislators were granted a hearing delay when representing a client pursuant to State law in the event of a conflict.

Commissioner Monestime stated that he was uncomfortable voting against an Item which he sponsored.

Mayor Carlos Gimenez explained that an applicant deserved to be heard even in the event that an item did not receive Commission sponsorship.

Chairman Martinez pointed out that the reason the Commission was changing the date of the meeting was not because the Administration needed additional time to obtain a sponsor for the amendment, but rather because Senator Diaz de la Portilla had requested a change in meeting date.

County Attorney Cuevas noted the Item would be presented for second reading by the County Commission on November 15, 2011 and if adopted would become effective on November 25, 2011.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, and upon being put to a vote, passed by a vote of 13-0.
 
15F3  
  121513 Report      
  NON AGENDA ITEM: EXECUTIVE SESSION
  REPORT: Mayor Carlos Gimenez requested the County Commission convene an Executive Session during today’s (11/03) meeting break, to discuss Collective Bargaining Unit contract negotiations.

Chairman Martinez noted pursuant to a conversation with County Attorney Robert Cuevas, the Board’s Rules of Procedure permitted it to recess into an Executive Session. He noted he would continue with today’s agenda and would further discuss this matter later in the meeting.

Later in the meeting, Chairman Martinez noted he believed the remaining Agenda items with the exception of Charter Amendments would be completed by approximately 12:15 p.m. He said that Mayor Gimenez would update County Commission members on the status of contract negotiations and tough decisions that would be forthcoming. Following further discussion, Chairman Martinez noted Commission members would proceed to complete the balance of today’s Agenda before they recessed into Executive Session, and would then reconvene at 2:00 p.m. to discuss the Charter Amendment items.

County Attorney Robert Cuevas clarified that the Commission should immediately go into Executive Session upon completion of the pending Agenda items. He stated that the Commission would recess until 2:00 p.m. upon completion of the Executive Session at which time it would reconvene to consider Charter Amendment proposals.

Later in the meeting, County Attorney Cuevas noted for the record that an Executive Session would be held pursuant to Chapter 447.605 to discuss the status of collective bargaining negotiations with the Mayor and his staff.

Chairman Martinez announced that the Mayor, County Commissioners, and County Attorney would participate in the Executive Session.

County Attorney Cuevas clarified that the State Statute allowed the Mayor’s Collective Bargaining team members to attend this meeting pursuant to an Attorney General’s opinion which authorized their participation.

The Board of County Commissioners recessed into Executive Session in the Conference room on the second floor at 12:57 p.m.

Following the Executive Session and recess, the Board of County Commissioners reconvened at 3:00 p.m.
 
15F4  
  121516 Report      
  NON AGENDA ITEM
  REPORT: Commissioner Monestime noted the recent passing away of Leroy Jones’ son and offered condolences to the family.  
15F5  
  121517 Report      
  NON AGENDA ITEM
  REPORT: Commissioner Moss noted for the record that an agreement between Jackson Memorial Hospital and the University of Miami was recently passed by this Commission.  
19 ADJOURNMENT  
3 CONSENT AGENDA  


4/18/2014       Agenda Key: 3138

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