Legislative Survey
FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Tuesday, July 17, 2012
9:30:00 AM
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: Mary Smith-York, Commission Reporter
305-375-1598
 
1A ROLL CALL  
  REPORT: In addition to the members of the Commission, the following staff members were present: County Attorney Robert Cuevas; First Assistant County Attorney Abigail Price-Williams; Deputy Mayor Alina Hudak; and Deputy Clerks Christopher Agrippa and Mary Smith-York.

County Mayor Carlos Gimenez was also present at today’s meeting.
 
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 (Scheduled for 9:30 am on Thursday)  
1D1  
  121317 Special Presentation     Barbara J. Jordan        
  PRESENTATION TO MS. RITA GUERRA, PROCUREMENT TECHNICIAN Presented
  7/3/2012 Deferred by the Board of County Commissioners  
1D2  
  121426 Special Presentation     Joe A. Martinez        
  SPECIAL PRESENTATION TO TOM LOGUE Presented
1D3  
  121437 Special Presentation     Barbara J. Jordan        
  PRESENTATION TO KINAD, INC. FOR THEIR 11TH YEAR ANNIVERSARY Presented
1D4  
  121438 Special Presentation     Audrey M. Edmonson        
  SPECIAL PRESENTATION FOR INTERN RECOGNITION Presented
1D5  
  121439 Special Presentation     Barbara J. Jordan        
  PRESENTATION HONORING MARIA TANG, MANUAL TANG AND CHARLIE M. BYRDO Presented
1D6  
  121440 Special Presentation     Barbara J. Jordan        
  PRESENTATION RECOGNIZING THE CAPO FAMILY Presented
1D7  
  121441 Proclamation     Rebeca Sosa        
  PRESENTATION TO MR. JOSEPH CENTORINO, PROCLAIMING ‘’ETHICAL GOVERNANCE DAY’’ Withdrawn
1D8  
  121453 Special Presentation     Lynda Bell        
  PRESENTATION TO NEIGHBORS 4 NEIGHBORS COMMEMORATING THEIR 20TH ANNIVERSARY Presented
 
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1E1  
  121442 Citizen's Presentation     Barbara J. Jordan        
  CITIZEN'S PRESENTATION BY THE MIAMI-DADE YOUTH COMMISSION Presented
1E2  
  121443 Citizen's Presentation     Joe A. Martinez        
  CITIZEN'S PRESENTATION BY MR. JOHN PEREZ-GURRI, REGARDING THE NORTHEAST REGIONAL LIBRARY Presented
1E3  
  121444 Citizen's Presentation     Joe A. Martinez        
  CITIZEN'S PRESENTATION BY MR. JERRY FLICK, REGARDING PUBLIC HOUSING ISSUES Presented
1F REPORTS OF OFFICIAL BOARDS  
1F1  
  121422 Report     Joe A. Martinez        
  FINANCIAL RECOVERY BOARD MONTHLY REPORT Deferred to September 04, 2012
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
1F2  
  121420 Report      
  CHARTER REVIEW TASK FORCE - FINAL REPORT Accepted
  REPORT: During consideration of the agenda, County Attorney Cuevas asked whether it was the Board’s wish to add all Charter Amendments, Items 10A1 through 10A15 and Alternates, to the Pull List. The following discussion occurred at that time:

In response to Chairman Martinez’ question, Deputy Mayor Alina Hudak confirmed that all of the ballot questions were scheduled to be placed on the November 2, 2012 General Election ballot. She noted August 17, 2012 was the deadline for placing items on the ballot.

Chairman Martinez pointed out that ballot questions were placed on the ballot within 45 days, in the past. He questioned when the ballots needed to be mailed out to residents of the County and asked the County Attorney whether any of the proposed Charter Amendment questions received a 2/3 vote of the Task Force members.

County Attorney Cuevas noted his understanding was that the resolution creating the Task Force announced the Board’s intent to place any recommendations from the Task Force that received a 2/3 vote (14) on the ballot. He advised that four recommendations received a 2/3 vote and they were listed on today’s agenda as Items 10A3 Incorporation; 10A6 Commission Salaries; 10A14 Relationships precluded for Commissioners; and 10A15 Mayor’s Conflict in Procurement.

In response to Chairman Martinez’ concern as to whether, according to the Board’s Rules, those four recommendations would automatically be placed on the ballot, Mr. Cuevas advised that there was no legal requirement to place them on the ballot, but simply a statement of intent by the Board.

Assistant County Attorney Oren Rosenthal advised the Home Rule Charter did not have a provision that allowed the Task Force members to place an item on the ballot. As a result, he stated, it was up to this Board to place the items on the ballot. He reiterated the Board member’s statement of intent to place anything receiving a 2/3 vote of the membership on the ballot.

Chairman Martinez asked his fellow Board members whether it was their intent to place the four items referenced above (10A3, 10A6, 10A14, 10A15) on the ballot. He emphasized that this issue dealt with the County’s Constitution and spoke in opposition to debating these items within a mere two hours today to comply with a deadline, as this would be unfair to the citizens of this County.

County Attorney Cuevas noted several commissioners had placed alternate items on the agenda for some of those items that received a 2/3 vote of the Task Force members.

In response to Chairman Martinez’ request for the Board’s vote on Resolution No.R-253-12 creating the Task Force, Mr. Cuevas noted the vote was 7 to 6.

With respect to Commissioner Jordan’s question as to whether a separate vote was taken regarding the Board’s intent to place items on the ballot, Mr. Rosenthal read, into the record, Section 7 of Resolution 253-12 as follows: “The Commission hereby expresses its intent to forward any item approved by at least 2/3 of the membership of the Charter Review Task Force for placement on the ballot at the next available countywide election.” He clarified that this language was part of the resolution adopted by a vote of 7 to 6 and was not a separate vote.

Chairman Martinez announced that those who voted in favor of adopting Resolution No.253-12 were: Commissioners Barreiro, Bovo, Heyman, Monestime, Sosa, Bell, and Souto.

Commissioner Jordan urged her fellow Board members to carefully review each of the recommendations and asked whether it was appropriate for commissioners to amend the items prepared by the Task Force.

Following Mr. Rosenthal’s response that this was fully within the prerogative of the Commission, Commissioner Jordan stated that this information should be a part of the Board’s discussion and noted she believed all items, including commissioner-sponsored amendments should be reviewed collectively, before the Board made a final decision on any of them.

Commissioner Sosa expressed concern with the number of absences reflected in Task Force meeting attendance sheets, noting on April 19, three members were absent; May 7, nine members were absent; May 8, 14 members were absent; May 9, ten members were absent; May 10, 12 members were absent; May 14, nine members were absent; May 17, four members were absent; May 22, ten members were absent; May 23, six members were absent; May 30, six members were absent; June 6, six members were absent; and so on. She noted eight members were absent from the Task Force meeting in which the final votes to approve the recommendations were made. She discussed the issues contained in the Task Force’s proposed recommendations for placement on the ballot noting concerns were expressed by the Commission on Ethics and Public Trust, the Clerk of the Court and the public regarding these items. She also pointed out that alternates had been proposed by commissioners for most of the Task Force’s items. Commissioner Sosa expressed further concern that no public hearing was held for residents’ input once the Task Force voted to present the final version of the recommendations before the Commission. She noted she would like to hold a public hearing to solicit residents’ input and she wished to conduct research on each of the proposed items.

Chairman Martinez reiterated his request that his colleagues limit their discussion to the intent to place all items that received a 2/3 vote on the ballot.

Commissioner Diaz said his position was that the Board should have the right to revisit all of the items, noting he concurred with Chairman Martinez that this was dealing with the County’s Constitution. He stated that he had received a number of telephone calls from constituents questioning the Charter Review process.

In response to Commissioner Moss’ request for clarification regarding the manner in which the Board expressed its intent to place any Charter Review item receiving a 2/3 vote on the ballot, Mr. Rosenthal reiterated the language from Section 7 of Resolution No. 253-12.

Commissioner Moss read, into the record, the following information: “This latest Charter Review process seems to have been hi-jacked by pro-municipality proponents without adequate review of the consequences to good governance and transparency.”

Commissioner Heyman explained that her intent in sponsoring the resolution creating the Task Force was to diffuse the notion that this Board had been unresponsive to previous Charter Review recommendations. This was the reason she suggested that the recommendations would be vetted by the Board, and if appropriate, any recommendation that had received a 2/3 vote would be put on the ballot. Unfortunately, none of the items actually received a 2/3 vote because most of the time a significant number of Task Force members were absent, said Commissioner Heyman.

Commissioner Bovo noted, in co-sponsoring the resolution, his intent was to allow the Task Force’s recommendations that received a 2/3 vote to move forward, because the public seemed to believe that the Board members blocked the previous Task Force’s recommendations. He stated that the Task Force member whom he appointed was the Chairman and missed only one meeting. He urged his fellow commissioners to move forward on the items that received a 2/3 vote without fearing how the voters would respond.

County Attorney Cuevas asked if it was the Board’s intent to include all of the Charter Amendments and related issues (Items 10A1 through 10A15), the Charter Review Task Force Report (Item 1F2), and a number of Alternate items on the Pull List.
Chairman Martinez indicated that the Board would hear Item 1F2 later today and all of the other items should be included on the Pull List. He noted, from the Board members’ comments, it appeared they preferred that no action be taken on those items today.

Commissioner Souto read the definition of “intent” into the record and cautioned his colleagues to proceed very carefully on this important matter.

Commissioner Bell explained that she sponsored alternate items for the purpose of amending the original proposals rather than replacing them. She stressed that the County Commissioners would be held accountable for the Charter items and needed to make the best decisions for the districts and County. Commissioner Bell expressed concern regarding some of the proposed Charter amendments noting some were very damaging.

Chairman Martinez asked the Board members whether they preferred to schedule the public hearing to discuss the proposed Charter Amendments on August 23, 2012, which was the meeting date for the Budget Committee of the Whole, or on September 6, 2012.

In response to Commissioner Sosa’s request for clarification, Chairman Martinez clarified that if the items were discussed today, then the Board would vote them up or down today.

It was moved by Commissioner Diaz that all Charter Review Task Force proposals (Resolutions under Item Numbers: 10A1-10A15 and all proposed Alternates) be deferred to August 23, 2012 and that a portion of the meeting be set aside for public input. This motion was seconded by Commissioner Jordan, followed by discussion.

Commissioner Sosa said she was concerned that scheduling the public hearing for the same day as the Board’s discussion on the items would limit the public’s ability to provide input.

Chairman Martinez asked the Clerk to provide him with the number of public hearings this Charter Review Task Force held and how many members of the public attended those meetings. He postponed the vote on the motion to defer the items pending the Clerk’s response.

In response to Commissioner Monestime’s question as to what methods existed, other than petitions, for amending the Charter, Assistant County Attorney Rosenthal advised that the other method was the Commission initiation. He explained that the issue as to whether the Charter Review Task Force members could place something directly on the ballot was placed before the voters in January, and was defeated; therefore, they did not have independent authority in the Charter.

Pursuant to Commissioner Monestime’s inquiry as to whether the Board was contradicting its process when it stated its intent to place certain items from the Charter Review on the ballot, County Attorney Cuevas pointed out that the items must come back to the Board before being placed on the ballot.
Commissioner Edmonson noted she concurred with her fellow commissioners’ comments that the Board needed time to vet these issues and the public needed time to review and state their opinions before voting on them.

Commissioner Monestime expressed concern that August 23, 2012 was too distant and expressed the desire to have this meeting sooner.

Commissioner Heyman noted she believed that four of the Charter Review items could be vetted out and acted upon today.

Chairman Martinez stated that some of those items could also be enacted through ordinance as opposed to a Charter amendment.

Commissioner Jordan asked if, following the scheduled public hearing, anything would preclude placing the items on the November 2012 ballot, and what the deadline was for placing items on the November election ballot.

Ms. Penny Townsley, Supervisor of Elections, indicated that the internal deadline for items to be approved for placement on the ballot was August 17, 2012. She noted a buffer period until August 23, 2012 was available provided the veto period was waived by the Mayor.

Chairman Martinez pointed out that if the Board forwarded the items on August 23, the Elections Department would have 74 days to prepare.

Ms. Townsley provided a detailed explanation for adherence to the absolute deadline of August 23; otherwise, she said, the integrity of this election would be compromised.

Commissioner Jordan stated that the Board members should be responsive to the Elections Supervisor. She expressed concern that waiting until August 23rd would cause the election preparation process to be rushed and recommended only those items that were non-controversial be deferred to a meeting on the 23rd. She pointed out that some Board members might not be able to attend the August 23rd meeting.

Commissioner Bovo expressed opposition to the motion to defer all of the Charter items to August 23, 2012, and recommended that the items be placed on the ballot as proposed by the Task Force so the voters could vote them up or down.

Chairman Martinez clarified that the question on the table was not whether to put the items before the voters, but rather whether commissioners had read the items and were ready to vote on them today or on August 23.

There being no further discussion, upon a roll call vote, the motion put forth by Commissioner Diaz and seconded by Commissioner Jordan, that all Charter Review Task Force proposals (Resolutions under Item Numbers: 10A1-10A15 and all proposed Alternates) be deferred to August 23, 2012 and that a portion of the meeting be set aside for public input, passed by a vote of 7-6; (Chairman Martinez and Commissioners Bell, Diaz, Moss, Souto, Suarez, and Edmonson voted “yes”; Commissioners Barreiro, Bovo, Heyman, Jordan, Monestime, and Sosa voted “no”).

County Attorney Cuevas advised that the passing of the foregoing motion would serve as instruction to the County Attorney’s Office staff to prepare a written call for a Special Meeting on August 23, 2012, to consider these Charter Review items, and to circulate the call for signatures in accordance with the Rules of Procedure. He clarified that this would be a Special Meeting of the Board of County Commissioners, not related to the 1st Budget/Committee of the Whole meeting scheduled for the same date.

**The following discussion occurred during consideration of the foregoing item (1F2)**

Chairman Martinez recognized Senator Rene Garcia, Chairman, Charter Review Task Force, to come forward and present the Charter Review Amendments.

It was moved by Commissioner Bell that the Board reconsider its action regarding presentation of the Charter Review Amendments. She requested that a Charter Review Public Hearing be scheduled for Thursday, July 19, 2012, to allow sufficient time for constituents to express their concerns. This motion was seconded by Commissioner Sosa, and upon roll call vote, passed by a vote of 6-5; (Commissioners Sosa, Souto, Barreiro, Bell, Bovo, and Heyman voted “yes”; Chairman Martinez and Commissioners Jordan, Moss, Diaz, Edmonson voted “no”; Commissioners Monestime and Suarez were absent).

County Attorney Cuevas advised that in order to pass a motion to reconsider a previous action when the number of members voting was less than voted in the original motion, a 2/3 vote was needed.

Following the Clerk’s statement that no vote was recorded for Commissioners Monestime and Suarez, Commissioner Suarez advised that he wished to vote “yes” on the motion to reconsider, changing the vote to 7-5.

County Attorney Cuevas clarified that 2/3 of 12 was eight; therefore, this motion to reconsider failed due to lack of a 2/3 vote.

Commissioner Sosa expressed concern with the Board deferring all of the Charter Review Items to August 23, 2012 but hearing the presentations regarding those items today. She noted the deferral was already published in the newspapers and the members of the public attending in connection with the Charter Review had left the Chambers based on the deferral. Commissioner Sosa pointed out that allowing presentations now would send a negative message to the community.

Chairman Martinez explained that the Board members needed an appropriate amount of time to review the documents relating to the Charter Review Items before considering them, noting the date for their consideration was changed for this reason and to allow the public to participate. However, he stated, the Charter Review Task Force members who were attending today’s (07/17) meeting would be allowed to make their presentation.

Senator Rene Garcia appeared before the Board and introduced Task Force members Ms. Pamela Perry, Mr. Don Slesnick, Mr. Lawrence Percival, Mr. Terry Murphy, and Mayor J.C. Bermudez. He provided a historical overview of the creation of the Charter Review Task Force and explained that its purpose was to review the Home Rule Charter and submit to the Board recommendations for any proposed amendments and/or revisions to the Charter. He stated that the Board expressed its intent to forward recommendations with a 2/3 majority vote for placement on the ballot of the next available countywide election. Chairman Garcia indicated that the Task Force held multiple public hearings across the County and created a Website for public interaction regarding the Task Force’s recommendations. He stated that the following knowledgeable members of the community were invited to provide input: County Mayor Carlos Gimenez, Clerk of Courts Harvey Ruvin, Inspector General Christopher Mazzella, Commission on Ethics and Public Trust Executive Director Joseph Centorino, South Broward Hospital District Representative Frank Sacco, Service Employees International Union (SEIU) President/Jackson Memorial Hospital Registered Nurse Martha Baker, and Financial Recovery Board (FRB) Chairman Marcus Lapciuc. He noted several elected officials, including Board of County Commissioners Chairman Joe Martinez, Representative Juan Carlos Zapata, Miami Lakes Council member Nelson Hernandez, and representatives from various community organizations, including Let’s Incorporate Now, West Kendall MAC, League of Women Voters, and International Association of Fire Fighters also gave presentations at the public hearings.

Senator Garcia said that the Task Force hosted a televised public hearing in the Commission Chambers on June 20, 2012, to present its recommendations and receive feedback from the public. He stated that residents were able to participate by attending in person, calling in, or e-mailing their comments, noting 25 people spoke during the public hearing and emails from the members of the public were also received. Senator Garcia stated that the Task Force members believed the degree of public participation fully complied with the Board’s desire to engage the community in this process and promote greater awareness of the Home Rule Charter. He highlighted the recommendations that received a 2/3 majority vote of the Task Force members and the issues with which the Clerk of Courts expressed concern. He noted the Task Force discussed issues regarding Commission term limits; the Unincorporated Development Boundary (UDB); and the incorporation process, which he noted received a 2/3 vote. Senator Garcia explained the recommendation for incorporation proposed by the Task Force, noting the process called for the Clerk of Court to certify the signatures on the petition within 30 days, which raised concerns with the Clerk. Senator Garcia noted the Clerk had requested that the Supervisor of Elections be required to verify the signatures on the petitions. He stated the recommendations that received a 2/3 vote included the Mayor’s responsibilities regarding intergovernmental affairs; the salaries of Commissioners; the Mayoral vacancy succession plan, with which the Clerk expressed concerns; commissioners’ conflict with outside employment; and Mayoral Conflict of Interest in the procurement process. Senator Garcia noted the Task Force submitted 16 recommendations to the Board for approval. He expressed his pleasure in working with the Task Force members and his appreciation to the Mayor and his staff, as well as the County Attorney’s Office for their input and advice.

Chairman Martinez expressed appreciation to Senator Garcia and members of the Task Force for the work they did. He acknowledged receipt of the attendance sheets for the six public hearings hosted by the Task Force and observed that a combined total of 91 people, including staff, candidates, repeat attendees, news media personnel, lobbyists, and elected officials signed the attendance sheets of the six meetings. He asked that the members of the Task Force consider attending the public hearing on August 23, 2012. Chairman Martinez asked the County Administration to ensure that the items regarding the Charter Review Task Force recommendations and Commission-sponsored alternatives scheduled to be considered at the August 23, 2012 Special Meeting of the Board of County Commissioner were advertised in the Daily Business Review newspaper and on the County’s Website.

Commissioner Heyman asked Task Force members to provide Commission members with the critical issues pertaining to each of the recommendations raised by public speakers at the six public hearings. She asked Task Force members to explain the concerns of the residents of the few municipalities who chose not to avail themselves of the rights granted under the Citizens’ Bill of Rights.

Senator Garcia explained that several municipalities had their own Bill of Rights, and the residents in these municipalities chose to be governed by this document rather than by the County’s Citizens’ Bill of Rights. He indicated that the Task Force members chose to amend the County’s Citizens’ Bill of Rights to exclude these municipalities from the Commission on Ethic’s enforcement where the municipalities had provided the Circuit Court with the exclusive remedy.

Commissioner Heyman clarified that the information she requested should indicate whether the Task Force members strongly supported this position or whether most of them were in favor of having all County residents governed by the County’s Citizens’ Bill of Rights.

Commissioner Sosa requested that the questions regarding the recommendations be asked during the public hearing scheduled for August 23, 2012.

In response to Senator Garcia’s request that the Board schedule the Charter Review Public Hearing as a time certain item on the agenda, Chairman Martinez noted this would be set at 10:00 a.m. Regarding County Attorney Cuevas’ request to recall the previously scheduled time of 9:30 a.m. and replace it with 10:00 a.m., Chairman Martinez requested that the time remain as 9:30 a.m.

Commissioner Bovo congratulated the Task Force members on doing a good job and asked if the members considered the Mayoral vacancy succession issue and whether it passed with a 2/3 vote.

Senator Garcia confirmed that the members considered the issue; however, he indicated that it did not receive a 2/3 vote.

Chairman Martinez asked the County Administration to ensure that the Charter Review Task Force Website was configured to enable the public to place their comments directly on the site regarding the issues being considered.

Commissioner Sosa asked the County Attorney’s Office to review the Charter Review Task Force’s recommendations to determine whether some issues could be accomplished by legislation via ordinance/resolution, and to provide her with their findings. She asked the County Attorney’s Office to also provide her with clarification as to whether the Task Force’s recommendations that were approved could be made applicable countywide.

Commissioner Moss asked the County Administration to investigate the article published in the July 17, 2012 Miami Herald regarding the Charter Review process and present a response at the August 23, 2012 Special Meeting.

Following closing remarks by Senator Garcia regarding the Miami Herald article and a summary of the process which the Task Force members used to develop their recommendations, the Board accepted the foregoing report, as presented.
 
1G MOTION TO SET THE AGENDA AND "PULL LIST"  
  REPORT: County Attorney Cuevas noted the following preliminary matters:

- Add-on Agenda Items 14A1 through 14A6 would be considered adopted when the agenda was set;
- Agenda Item 1F1 should be deferred;
- The sponsor requested that Agenda Item 11A5 be deferred to November 20, 2012;
- Chairman Martinez requested that Agenda Item 8G1 be added to the Pull List;
- Commissioner Diaz requested that Agenda Items 8H1 and 8O1 be added to the Pull List; and
- Commissioners Diaz and Edmonson asked to be listed as additional pulling commissioners for Agenda Item 8O2.

Discussion ensued among Commission members and staff regarding County Attorney Cuevas’ inquiry as to whether all of the Charter Amendment Items listed on today’s agenda (1F2 and 10A1 through 10A15 and their Alternates), should be placed on the Pull List. (SEE REPORT UNDER AGENDA ITEM 1F2; LEGISLATIVE FILE NO. 121420.)

Following the discussion, County Attorney Cuevas resumed the setting of today’s agenda noting Commissioner Monestime asked to be listed as additional pulling commissioner for Item 8G1. He advised that the items to be considered in today’s (7/17) meeting were those listed in the printed final agenda, with the additions, deferrals, withdrawals, and scrivener’s errors noted in the BCC Chairman Joe A. Martinez’ Changes Memorandum. He further advised that the Commission would approved all of those items by a single vote, setting the agenda, except ordinances on first reading, public hearings including Item 5L-Labor Impasse, and the following Pull List Items: 1F2, 8C1 Substitute, 8G1, 8H1, 8O1, 8O2, 11A3, and 11A6.

It was moved by Commissioner Sosa that the Board approve today’s (7/17) agenda with the requested changes noted by the County Attorney. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 13-0.
Subsequently, Commissioner Diaz released Item 8H1 from the Pull List and moved that it be adopted as presented. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 13-0.

Commissioner Monestime requested a point of personal privilege and recognized Ms. Paola Garcia and Mr. Adley Calixte, two summer interns who provided excellent service to Commission District 2. He noted these two very bright individuals would likely be future leaders of this community.
 
1H OFFICE OF COMMISSION AUDITOR  
1I OFFICE OF INTERGOVERNMENTAL AFFAIRS  
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2C OTHER ISSUES  
3 CONSENT ITEMS  
3A1  
  121282 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE SUBMISSION AND ACCEPTANCE OF A GRANT APPLICATION TO THE JOHN S. AND JAMES L. KNIGHT FOUNDATION FOR FUNDS IN THE AMOUNT FOR $20,000 TO BE USED BY THE MIAMI-DADE PUBLIC LIBRARY SYSTEM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO RECEIVE AND EXPEND FUNDS AND EQUIPMENT, EXECUTE CONTRACTS, AGREEMENTS, AND AMENDMENTS, AFTER APPROVAL BY THE COUNTY ATTORNEY, AS REQUIRED BY PROGRAM GUIDELINES(Library Department) Adopted
Resolution R-625-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
4 ORDINANCES FOR FIRST READING  
4A  
  121411 Ordinance     Audrey M. Edmonson        
  ORDINANCE AMENDING SECTION 2-2107 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO TASK FORCE ON SCRAP METAL AND COPPER WIRE THEFT; AMENDING COMPOSITION OF THE TASK FORCE TO INCREASE REPRESENTATIVES OF INDUSTRY AND COMMUNITY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Withdrawn
  REPORT: (SEE AGEND ITEM 4A SUBSTITUTE; LEGISLATIVE FILE NO. 121466.)  
4A SUBSTITUTE  
  121466 Ordinance   Audrey M. Edmonson
Lynda Bell
Barbara J. Jordan
Joe A. Martinez
Dennis C. Moss
       
  ORDINANCE AMENDING ORDINANCE NO. 11-76 RELATING TO TASK FORCE ON SCRAP METAL AND COPPER WIRE THEFT; AMENDING COMPOSITION OF THE TASK FORCE TO INCREASE REPRESENTATIVES OF INDUSTRY AND COMMUNITY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 121411) Adopted on first reading
Public Hearing: September 12, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Infrastructure and Land Use Committee (ILUC) on Wednesday, September 12, 2012 at 2:00 p.m.  
4B  
  121382 Ordinance   Sally A. Heyman
Lynda Bell
       
  ORDINANCE AMENDING THE RULES OF PROCEDURE OF THE COUNTY COMMISSION; PROVIDING THAT CERTAIN POSTPONED ITEMS SHALL BE DEEMED WITHDRAWN; AMENDING SECTION 2-1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: September 11, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Internal Management and Fiscal Responsibility Committee (IMFRC) on Tuesday, September 11, 2012 at 2:00 p.m.  
4C  
  121410 Ordinance   Rebeca Sosa        
  ORDINANCE AMENDING SECTION 2-2034 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE FREQUENCY OF MEETINGS OF THE AIRCRAFT NOISE ABATEMENT ADVISORY BOARD FOR MIAMI INTERNATIONAL AIRPORT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: September 10, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Regional Transportation Committee (RTC) on Monday, September 10, 2012 at 9:30 a.m.  
4D  
  121412 Ordinance     Sen. Javier D. Souto        
  ORDINANCE CREATING SECTION 2-1150 OF THE CODE OF MIAMI-DADE COUNTY; ESTABLISHING THE RONALD REAGAN EQUESTRIAN CENTER COUNCIL; PROVIDING FOR MEMBERSHIP, PURPOSE, ORGANIZATION, AND PROCEDURE, APPOINTMENT AND TENURE, POWERS, DUTIES, AND FUNCTIONS OF THE COUNCIL, AND STAFF SUPPORT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Withdrawn
  REPORT: (SEE AGEND ITEM 4D SUBSTITUTE; LEGISLATIVE FILE NO. 121477.)  
4D SUBSTITUTE  
  121477 Ordinance   Sen. Javier D. Souto        
  ORDINANCE CREATING SECTION 2-1150 OF THE CODE OF MIAMI-DADE COUNTY; ESTABLISHING THE RONALD REAGAN EQUESTRIAN CENTER COUNCIL; PROVIDING FOR MEMBERSHIP, PURPOSE, ORGANIZATION, AND PROCEDURE, APPOINTMENT AND TENURE, POWERS, DUTIES, AND FUNCTIONS OF THE COUNCIL, AND STAFF SUPPORT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 121412) Adopted on first reading
Public Hearing: September 10, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Recreation and Cultural Affairs Committee (RCAC) on Monday, September 10, 2012 at 2:00 p.m.  
4E  
  121353 Ordinance     Audrey M. Edmonson
Lynda Bell
Jean Monestime
       
  ORDINANCE PERTAINING TO ZONING; AMENDING ARTICLE XXXIII(K) OF THE CODE OF MIAMI-DADE COUNTY (CODE); AMENDING SECTIONS 33-284.82 THROUGH 33-284.92 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted on first reading
Public Hearing: September 12, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Infrastructure and Land Use Committee (ILUC) on Wednesday, September 12, 2012 at 2:00 p.m.  
4F  
  121450 Ordinance     Joe A. Martinez        
  ORDINANCE REGARDING RULES OF PROCEDURE OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING SECTION 2-1 OF THE CODE; DELETING CONSENT AGENDA SECTION OF THE COUNTY COMMISSION AGENDA; ESTABLISHING EXCEPTION TO THE COMMITTEE REVIEW REQUIREMENT FOR ITEMS APPROVING OR RATIFYING GRANT APPLICATIONS OR ACCEPTANCES; REQUIRING LEGAL REVIEW AND APPROVAL PRIOR TO PLACING CERTAIN SUPPLEMENTS OR REPORTS ON BOARD AGENDAS; GIVING THE MAYOR OR THE MAYOR’S DESIGNEE AUTHORITY TO ACT DURING THE BOARD’S SUMMER RECESS AND PROVIDING FOR PLACEMENT OF ITEMS RATIFYING SUCH ACTIONS ON BOARD AGENDAS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: September 11, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Internal Management and Fiscal Responsibility Committee (IMFRC) on Tuesday, September 11, 2012 at 2:00 p.m.  
4G  
  121451 Ordinance   Joe A. Martinez        
  ORDINANCE AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE RULES OF PROCEDURE OF THE COUNTY COMMISSION; REPEALING ANY ORDINANCES OR PROVISIONS OF THE CODE WHICH ARE CONTRARY TO THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE ADMINISTRATION OF THE GOODWILL AMBASSADORS PROGRAM BY THE CHAIR, IN CONJUNCTION WITH THE MAYOR OR THE MAYOR’S DESIGNEE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: September 11, 2012
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Internal Management and Fiscal Responsibility Committee (IMFRC) on Tuesday, September 11, 2012 at 2:00 p.m.  
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  121359 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez
Rebeca Sosa
       
  ORDINANCE EXTENDING AMNESTY PERIOD CREATED BY ORDINANCE 11-64 PROVIDING FOR A LIMITED EXCEPTION FROM CIVIL PENALTIES AND LIENS FOR BUILDING CODE VIOLATIONS UPON A HOMEOWNER’S COMPLIANCE WITH THE BUILDING CODE; CLARIFYING APPLICATION OF THE AMNESTY; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 12-59
Mover: Jean Monestime
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 be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.
 
  7/3/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  7/3/2012 Adopted on first reading by the Board of County Commissioners  
5B  
  121010 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  ORDINANCE GRANTING PETITION OF ADRIAN DEVELOPERS OF DE LA FUENTE PARCEL, LLC., (''PETITIONER'') FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING A.H. AT TURNPIKE SOUTH COMMUNITY DEVELOPMENT DISTRICT (''DISTRICT''); PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY; EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE Adopted
Ordinance 12-60
Mover: Dennis C. Moss
Seconder: Lynda Bell
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 be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.
 
  6/5/2012 Adopted on first reading by the Board of County Commissioners  
  6/5/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5C  
  121281 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO AN APPLICATION BY MIAMI-DADE COUNTY FOR A CLASS I PERMIT TO INSTALL A NEW RETAINING WALL IN WETLANDS AT THE VIZCAYA MUSEUM AND GARDENS, IN MIAMI, MIAMI-DADE COUNTY, FLORIDA(Regulatory and Economic Resources) Adopted
Resolution R-626-12
Mover: Xavier L. Suarez
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

It was moved by Commissioner Suarez that the foregoing proposed resolution be adopted as presented. This motion was seconded by Commissioner Sosa, followed by discussion.

In response to Commissioner Diaz’ inquiry regarding the funding source for this new retaining wall, Mr. Joel Hoffman, Executive Director, Vizcaya Museum and Gardens, indicated that funding sources included the Florida Inland Navigation District, a private grant from the Bachelor Foundation, and possibly a small amount from the Biscayne Bay Environmental Enhancement Trust Fund. He described the area where the retaining wall would be constructed, noting the area was prone to flooding.

In response to Chairman Martinez’ question as to why, in the resolution, the funding source was shown as “non-applicable,” Mr. Lee Hefty, Assistant Director, Regulatory and Economic Resources/ Department of Environmental Resources Management, stated this was a regulatory item and, therefore, the funding was a regulatory decision for environmental permits.

Chairman Martinez asked the Administration to include the funding source on all items presented for Board approval with fiscal relevance, regardless of whether they would be County funded or not.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5D  
  121287 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO AN APPLICATION BY RED BULL NORTH AMERICA, INC FOR A CLASS I PERMIT AND A VARIANCE FROM SECTION 24-48.24 OF THE CODE OF MIAMI-DADE COUNTY FOR THE CONSTRUCTION OF TEMPORARY, NON-WATER DEPENDENT FIXED STRUCTURES OVER TIDAL WATERS FOR A FLYING DEVICE COMPETITION IN BISCAYNE BAY AT BAYFRONT PARK, 315 SOUTH BISCAYNE BOULEVARD, MIAMI, MIAMI-DADE COUNTY AND TO AUTHORIZE THE TIME OF COMPLETION OF WORK OF THE SUBJECT PERMIT FOR A PERIOD OF TEN (10) YEARS(Regulatory and Economic Resources) Adopted
Resolution R-627-12
Mover: Bruno A. Barreiro
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

It was moved by Commissioner Barreiro that the foregoing proposed resolution be adopted as presented. This motion was seconded by Commissioner Sosa, followed by discussion.

In response to Commissioner Sosa’s question regarding the impact this temporary structure would have on the manatee habitat, Mr. Lee Hefty indicated that precautions would be taken during installation of the structure to ensure no manatees were present. He noted the installers would monitor manatee activity and cease operations should manatees appear in the area, until they were out of the area.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5E  
  121361 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO AN APPLICATION BY MDXQ LLC FOR A CLASS IV PERMIT REQUESTING AFTER-THE-FACT AUTHORIZATION TO IMPACT 81 ACRES OF WETLANDS AND REQUESTING TO IMPACT 15.04 OF WETLANDS FOR AN AGRICULTURAL OPERATION LOCATED BETWEEN NW 137 AVENUE AND NW 147 AVENUE AND BETWEEN NW 6 STREET AND NW 9 LANE IN GOVERNMENT LOT 3, TOWNSHIP 53 AND 54 SOUTH, RANGE 39 EAST, MIAMI, FLORIDA, AND ACCEPTANCE OF TWO ASSOCIATED RESTRICTIVE COVENANTS FOR CONSERVATION OF AGRICULTURE AND PRESERVATION OF 23.1 ACRES OF ON-SITE WETLANDS(Regulatory and Economic Resources) Adopted
Resolution R-628-12
Mover: Jose "Pepe" Diaz
Seconder: Jean Monestime
Vote: 12 - 1
No: Edmonson
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

It was moved by Commissioner Diaz that the foregoing proposed resolution be adopted as presented. This motion was seconded by Commissioner Monestime, followed by discussion.

In response to Commissioner Edmonson’s question as to whether the County discovered this violation or whether the property owner voluntarily acknowledged his wrong-doing, Mr. Lee Hefty stated that the County discovered the violation and had been working with the property owner to resolve the issue for a period of time. He explained that although the property owner impacted 81 acres, only 70.6 acres were being replaced because the operation had created significantly high quality wetlands on the other 10.4 acres. Mr. Hefty explained that, based on their professional analysis, staff members believed the mitigation was consistent with State Law.

Commissioner Edmonson noted she would vote “no” on this proposed resolution because she believed the other 10.4 acres should be restored.

In response to Commissioner Sosa’s question, Mr. Hefty confirmed that the discovery of the violation resulted in this after-the-fact request and this issue began in 1985.

Pursuant to Commissioner Moss’s question, Mr. Hefty confirmed that staff believed the owner’s cooperation and mitigation for the violation was fair.

Commissioner Diaz commended Mr. Hefty on the outstanding job he was doing, noting he had received calls from people commending Mr. Hefty’s treatment of them.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5F  
  121247 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF CHEDIAK SUBDIVISION 1ST ADDITION, LOCATED IN THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 55 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY SW 126 STREET, ON THE EAST APPROXIMATELY 120 FEET WEST OF SW 90 AVENUE, ON THE SOUTH BY SW 128 STREET, AND ON THE WEST BY SW 91 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-629-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5G  
  121248 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF C. W. 144 SUBDIVISION, LOCATED IN THE SW 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 20 STREET, ON THE EAST BY SW 144 AVENUE, ON THE SOUTH BY SW 21 STREET, AND ON THE WEST BY SW 145 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-630-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5H  
  121244 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF HABITAT FOR HUMANITY OF GREATER MIAMI, INC., D-23256, LOCATED IN THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 53 SOUTH, RANGE 41 EAST (BOUNDED ON THE NORTH APPROXIMATELY 140 FEET SOUTH OF NW 70 STREET, ON THE EAST APPROXIMATELY 240 FEET WEST OF NW 20 AVENUE, ON THE SOUTH BY NW 69 TERRACE, AND ON THE WEST BY NW 21 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-631-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5I  
  121245 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF HABITAT FOR HUMANITY OF GREATER MIAMI, INC., D-23255, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 53 SOUTH, RANGE 41 EAST (BOUNDED ON THE NORTH BY NW 71 STREET, ON THE EAST APPROXIMATELY 150 FEET WEST OF NW 21 AVENUE, ON THE SOUTH APPROXIMATELY 170 FEET NORTH OF NW 70 STREET, AND ON THE WEST APPROXIMATELY 70 FEET EAST OF NW 21 COURT)(Regulatory and Economic Resources) Adopted
Resolution R-632-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5J  
  121246 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF HABITAT FOR HUMANITY OF GREATER MIAMI, INC., D-23194, LOCATED IN THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 53 SOUTH, RANGE 41 EAST (BOUNDED ON THE NORTH APPROXIMATELY 140 FEET SOUTH OF NW 71 STREET, ON THE EAST BY NW 20 AVENUE, ON THE SOUTH APPROXIMATELY 75 FEET NORTH OF NW 70 STREET, AND ON THE WEST APPROXIMATELY 150 FEET EAST OF NW 21 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-633-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5K  
  121428 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF CIRCLE CREEK APARTMENTS, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 56 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 260 STREET, ON THE EAST BY SW 144 AVENUE AND 144 AVENUE ROAD, ON THE SOUTH BY SW 262 STREET, AND ON THE WEST APPROXIMATELY 760 FEET EAST OF SW 147 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-634-12
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. He closed the public hearing after no one appeared wishing to speak.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5L  
  121455 Special Item     Joe A. Martinez        
  PUBLIC HEARING AND VOTE OF THE COMMISSION TO RESOLVE LABOR IMPASSE BETWEEN MIAMI-DADE COUNTY AND AFSCME LOCAL 121, MIAMI-DADE WATER AND SEWER EMPLOYEES, REGARDING THE TERMS OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE GAINSHARING PROGRAM PURSUANT TO ARTICLE 20 OF THE COLLECTIVE BARGAINING AGREEMENT APPROVED BY RESOLUTION NO. R-07-12 Accepted MOU
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Barreiro , Bell , Diaz
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Martinez opened the public hearing and called for persons wishing to be heard. The following individual appeared:

Following an unidentified speaker’s request to delay consideration of this item to allow further discussion amongst the parties involved, Mayor Gimenez noted the issues might be resolved and the item withdrawn.

Chairman Martinez deferred consideration of the foregoing proposed resolution pending the outcome of additional discussion.

Later in the meeting, the Board resumed consideration of the foregoing resolution.

Following distribution of the Memorandum of Understanding (MOU), County Attorney Robert Cuevas advised that a motion was in order to approve the MOU as distributed today (7/17) at the dais.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
5L SUPPLEMENT  
  121485 Supplement     Joe A. Martinez        
  SUPPLEMENTAL INFORMATION TO PUBLIC HEARING AND VOTE OF THE COMMISSION TO RESOLVE LABOR IMPASSE BETWEEN MIAMI-DADE COUNTY AND AFSCME LOCAL 121, MIAMI-DADE WATER AND SEWER EMPLOYEES, REGARDING THE TERMS OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE GAINSHARING PROGRAM PURSUANT TO ARTICLE 20 OF THE COLLECTIVE BARGAINING AGREEMENT APPROVED BY RESOLUTION NO. R-07-12 Accepted
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Barreiro , Bell , Diaz
5L SUPPLEMENT #2  
  121488 Supplement     Joe A. Martinez        
  SUPPLEMENT TO ITEM 5L RESOLVING THE COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 121, MIAMI-DADE WATER AND SEWER EMPLOYEES Accepted
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Barreiro , Bell , Diaz
6A CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
7 ORDINANCES SET FOR SECOND READING  
8 DEPARTMENTAL ITEMS  
8A and 8B (No items were submitted for these sections.)  
8C CULTURAL AFFAIRS DEPARTMENT  
8C1  
  121366 Resolution     Audrey M. Edmonson        
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXPEND FUNDS UP TO $5,000,000 TO REIMBURSE THE PERFORMING ARTS CENTER TRUST, INC., A FLORIDA NON PROFIT CORPORATION, FOR REPAIRS TO THE ADRIENNE ARSHT CENTER, SUBJECT TO SATISFACTION OF CERTAIN CONDITIONS; DELEGATING TO THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE THE AUTHORITY TO DETERMINE THE VALUE OF ALTERNATIVE FORM OF SECURITY IN LIEU OF BOND TO BE PROVIDED TO THE COUNTY BY THE PERFORMING ARTS CENTER TRUST, INC., SUBJECT TO CERTAIN PARAMETERS SET FORTH IN THIS RESOLUTION; AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE AN APPROPRIATE AMENDMENT TO THE FISCAL YEAR 2011-12 COUNTY BUDGET TO EFFECTUATE THE FOREGOING(Department of Cultural Affairs) Withdrawn
  REPORT: (SEE AGENDA ITEM 8C1 SUBSTITUTE; LEGISLATIVE FILE NO. 121462.)  
  7/3/2012 4 Day Rule Invoked by the Board of County Commissioners  
8C1 SUBSTITUTE  
  121462 Resolution     Audrey M. Edmonson        
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXPEND FUNDS UP TO $5,000,000 TO REIMBURSE THE PERFORMING ARTS CENTER TRUST, INC., A FLORIDA NON PROFIT CORPORATION, FOR REPAIRS TO THE ADRIENNE ARSHT CENTER, SUBJECT TO SATISFACTION OF CERTAIN CONDITIONS; DELEGATING TO THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE THE AUTHORITY TO DETERMINE THE VALUE OF ALTERNATIVE FORM OF SECURITY IN LIEU OF BOND TO BE PROVIDED TO THE COUNTY BY THE PERFORMING ARTS CENTER TRUST, INC., AND, IF NECESSARY, ANY CONTRACTOR PERFORMING WORK, SUBJECT TO CERTAIN PARAMETERS SET FORTH IN THIS RESOLUTION; AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE AN APPROPRIATE AMENDMENT TO THE FISCAL YEAR 2011-12 COUNTY BUDGET TO EFFECTUATE THE FOREGOING [SEE ORIGINAL ITEM UNDER FILE NO. 121366](Department of Cultural Affairs) Amended
  REPORT: Commissioner Edmonson indicated that she placed this item on today’s agenda at the request of the Cultural Affairs Department staff to allow full discussion to occur regarding this matter. She noted she would vote in favor of the item, but questioned the wisdom of paying approximately $400 million on a building without securing structural warranties.

In response to Commissioner Edmonson’s question as to whether the Performing Arts Center (PAC) was currently covered by any warranties, Mr. Lester Sola, Director, Internal Services Department, explained that this item was requesting authorization for staff to spend funds to rebuild the PAC’s damaged areas in time to resume operations in the fall. Additionally, he noted, this authorization also included engaging a forensics engineer to review the entire scope of the project, determine what occurred, and provide support in the event the County pursued any claims against the manufacturers and/or contractors. He confirmed that the $5 million which the Administration was requesting was the County’s deductible and the request was for “up to” $5 million, adding that insurance policies would activate during business interruptions.

Commissioner Edmonson expressed concern with the County’s failure to have at least a 10-year warranty in place, commensurate with the size and cost of the building that would repair damages at no cost to the County.

In response to Chairman Martinez’ inquiry as to whether a warranty was in place, Mr. Sola explained that the warranties that were in effect had expired, adding that customarily warranties lasted for one year. He noted it would be necessary to determine whether the damage was caused due to a defect in contractor workmanship or in the materials used.

Chairman Martinez noted he would vote “no” on this item and asked for the name of the contractors for the PAC, to which a representative from the County Attorney’s Office advised it was a Joint Venture Contractor: Performing Arts Center Builders (PACB) comprised of Haskell Group, Ellis Don, and Odebrecht construction firms.

Chairman Martinez expressed concern that once the Board adopted this resolution, the contractor would have no incentive to take any responsibility or pay for any of the damage.

In response to Commissioner Jordan’s inquiry regarding the forensic review, Mr. Sola noted the forensics engineer would serve as an expert witness should this matter go into litigation. He confirmed that Commissioner Jordan was correct in her concern that pipes identical to the damaged pipe also existed in other areas of the PAC. The staff of the Internal Services Department and the County Attorney’s Office would determine whether to pursue litigation based on the forensic analysis’ findings, noted Mr. Sola.

County Attorney Cuevas advised that a potential operational issue could also exist because of an agreement by which the PACB managed the building; as a result, there could be an allocation of liability between PACB and the County.

In response to Commissioner Moss’ inquiry as to whether the private sector initially managed the building of the PAC, Mr. Michael Spring, Director, Cultural Affairs Department, clarified that the County managed the PAC project from its inception. He added that the private sector participated in the oversight of the project management; however, the County ultimately built and completed the project.

Commissioner Moss expressed concern with the amount of the County’s insurance deductible payment. Nevertheless, he noted he would support this item so as not to interfere with the cultural services which the PAC provided to the community, nor impede the positive growth occurring at the Center.

Commissioner Sosa asked that this resolution be amended directing staff to include a report detailing the forensic analysis’ findings, identifying the responsible party, if legal action was necessary, and whether the damage was covered by insurance, since the PAC was pursuing reimbursement options from the insurance coverage.

County Attorney Robert Cuevas advised that the resolution need not be amended, as the Board could simply instruct or direct staff to produce this report.

Commissioner Suarez explained an alternative approach to circumvent the “wind-driven rain exclusion” provision in insurance policies and agreed to provide staff with the contact information for Dr. Luis Prieto-Potar, an expert who assisted him previously in a similar situation.

Commissioner Souto recalled the numerous problems the County experienced during the construction of the PAC and emphasized the importance of determining the root cause of the damage to prevent it from recurring in the future.

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

It was moved by Commissioner Sosa that the foregoing proposed resolution be adopted as amended to include language directing staff to bring back to the County Commission a report on the forensic analysis’ findings, identifying the responsible party, if legal action was necessary, and whether the water damage was covered by insurance. This motion was seconded by Commissioner Bell, and upon being put to a vote, passed by a vote of 9-2; (Chairman Martinez and Commissioner Barreiro voted “no”; Commissioners Diaz and Suarez were absent).

The amended version has been assigned Resolution No. R-635-12.
 
8D thru 8F (No items were submitted for these sections.)  
8G MANAGEMENT AND BUDGET DEPARTMENT  
8G1  
  121468 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION SETTING THE PROPOSED FY 2012-13 COUNTYWIDE, UNINCORPORATED MUNICIPAL SERVICE AREA, LIBRARY DISTRICT AND FIRE RESCUE DISTRICT OPERATING MILLAGE, COUNTYWIDE AND FIRE RESCUE DISTRICT DEBT SERVICE MILLAGE, AND SPECIAL ASSESSMENT RATES; AND SETTING THE DATE, TIME AND LOCATION OF THE PUBLIC BUDGET HEARINGS(Office of Management and Budget) Adopted
Resolution R-636-12
Mover: Lynda Bell
Seconder: Rebeca Sosa
Vote: 10 - 3
No: Monestime , Barreiro , Martinez
  REPORT: Chairman Martinez advised Board members that discussion regarding the foregoing proposed resolution should be restricted to setting the millage rate.

It was moved by Commissioner Bell that the foregoing proposed resolution be adopted as presented. This motion was seconded by Commissioner Sosa, followed by discussion.

In response to Commissioner Monestime’s question as to whether the millage rate for Unincorporated Municipal Service Area (UMSA) was being reduced from 2.0083 to 1.9283, Ms. Jennifer Moon, Director, Office of Management and Budget, confirmed that the UMSA millage rate would be 1.9283.

Commissioner Monestime expressed concern with the millage rate for UMSA being the lowest of every other municipality in the County, except Aventura. He pointed out that District 3 encompassed a large portion of UMSA, noting the reduced millage rate would not support delivery of a decent level of services. He also expressed concern with the debt service millage rate. Commissioner Monestime spoke in opposition to the foregoing proposed resolution.

Commissioner Sosa expressed her support for reducing the millage rates for the countywide and UMSA budgets.

Commissioner Edmonson noted she concurred with Commissioner Monestime’s comments in opposition to reducing the UMSA millage rate. She said she understood that the four percent contributed by County employees towards the cost of health insurance would last only one year, and she would like for this money to be returned to them. Commissioner Edmonson noted she could not support further reducing the millage rate.

It was moved by Commissioner Monestime that the foregoing proposed resolution be amended to provide that the UMSA millage rate remain flat. This motion was seconded by Commissioner Jordan.

Commissioner Bell, maker of the original motion to adopt this resolution as presented, did not accept the proposed amendment.

In response to Commissioner Jordan’s question as to whether Commissioner Bell’s motion included returning the four percent contribution to County employees, Mayor Carlos Gimenez indicated that an Impasse Reserve of $23 million could be allocated within the proposed millages, should this Commission decide not to impose the four percent contribution.

County Attorney Robert Cuevas advised that the Board would vote to return the four percent contribution to the employees during the actual Budget Process.

Commissioner Jordan pointed out that when she made the motion to approve the four percent employee contribution, she intended for it to be returned at the end of the current fiscal year (September 30, 2012). However, since then, she had been told that if no agreement was reached, the funds would be in reserve until the impasse was resolved, at which time the Board could vote to return the funds to the employees.

Chairman Martinez questioned whether this issue could be discussed since some Board members had been served with subpoenas.

Mayor Gimenez stated that the impasse with two of the County’s labor unions was based on the four percent employee contribution. He acknowledged that last year when the Board members voted in favor of imposing the four percent contribution, their intention was to impose it only for one year. This was the reason for the $23 million Impasse Reserve, and should the Board members vote to not impose the four percent contribution this year, it would be funded inside these millages, noted Mayor Gimenez.

Discussion ensued among Board members and the County Attorney regarding an amendment to the Board’s Rules of Procedure providing that a public hearing be held during the process to set the millage rate.

In response to Commissioner Diaz’ comment that he requested the public hearing be held this fiscal year, County Attorney Cuevas stated that the ordinance establishing that rule was not finished in time for today’s discussion.

Commissioner Diaz recalled that a request was made previously to Chairman Martinez to schedule a public hearing, prior to the date scheduled for the Board to set the millage rate, to allow members of the public to provide their comments.

Commissioner Bell clarified that this discussion occurred in the Committee on Internal Management and Fiscal Responsibility in response to an item which she sponsored. Although she pointed out that this was within the purview of the BCC Chairman, the other committee members were very insistent, Commissioner Bell noted, so she allowed the item to be amended.

Commissioner Jordan noted that the request referred to by Commissioner Diaz was made by Mr. Fred Frost and that the item before the Committee was amended to include that request. However, she emphasized that the item had not yet been brought before the full Commission, and compliance would not be possible until the next fiscal year.

Commissioner Jordan noted the disparity existing between Commission Districts with and without unincorporated areas and asked those commissioners with minimal unincorporated areas to be sensitive to the entire County. She said that continually reducing the millage rate for unincorporated communities gave the impression that the County was not concerned with those areas. Commissioner Jordan urged her colleagues to open their minds and hearts to the fact that unincorporated Dade needed the same level of support for aesthetics and services that the incorporated areas received. Commissioner Jordan noted she concurred with Commissioner Monetime’s concern regarding the millage rate for UMSA. She expressed her support for the Mayor’s proposed budget contingent upon the four percent healthcare contribution being returned to the employees.

Commissioner Moss noted he concurred with Commissioners Monestime and Jordan, and pointed out that his Commission District (9) also contained a large amount of UMSA communities. He observed how well maintained were Broward County’s roads and medians, and how their code enforcement was applied, noting this level of services was not provided in the UMSA communities. Commissioner Moss said that he was thinking of incorporating more areas in his district to provide them with the same level of services that incorporated areas received. He stated that, as Chair of the Community Image Advisory Board, it was frustrating to observe the decline in the maintenance of open spaces as compared to the manner in which they were maintained during the previous, more economically sound period. Commissioner Moss noted he voted in support of the four percent employee healthcare contribution based on the understanding that the contribution would be returned to employees if the opportunity became available.

In response to Commissioner Moss’ inquiry as to how the budget would be impacted if the UMSA millage rates remained flat for FY 2012-13, Ms. Moon stated that the millage rate would change to 2.0083 from the proposed 1.9283, generating an additional $4.132 million for the UMSA. She explained that the phrase, “keeping the millage rate flat,” meant that the exact same tax rate would be applied to a different value of the property tax roll. Ms. Moon said that if the millage rate remained flat across the board, an additional $15.465 million would be available countywide, the funds available for the Fire District would not change, and an additional $1.4 million would be available for the Library.

Commissioner Moss said that he would await the outcome of the foregoing proposed budget and recommended that the Board be allowed as much flexibility as possible in setting the millage rate. He stated he wanted to ensure that, if the possibility existed within this year’s budget, the four percent healthcare contribution would be returned to the employees.

Ms. Moon clarified that the revenue figures which she provided earlier were the additional revenues generated, and that a portion of those revenues accrued to the Community Redevelopment Agencies (CRA) in the countywide and unincorporated areas. She stated there would be slightly less available for service enhancement in the County’s budget.

Commissioner Moss pointed out that $4.1 million for UMSA before the CRA deduction was insufficient to implement a significant number of projects and stressed the need to find the means to accomplish more in UMSA.

Commissioner Edmonson noted she concurred with Commissioner Moss’ comments regarding the proposed UMSA millage rate increase. She stated she could not support this proposed budget.

Referring to last year’s budget deficit, Commissioner Monestime pointed out that the Board sought to reduce expenses in many areas, including in the provision of roadway and open space maintenance services; however, he said that he hoped those areas would be better maintained this year. He noted $4 million could represent a substantial amount for the UMSA and stressed that keeping the UMSA millage rate flat would not cause the overall rate for the County to increase. Commissioner Monestime asked the maker of the motion to reconsider his proposed amendment to keep the UMSA millage flat to allow time to review alternatives.

In response to Chairman Martinez’ question as to the State of Florida’s definition of a tax increase, Ms. Moon explained that anything above the “roll back” millage rate was considered a tax increase, and clarified that this proposed rate was actually a tax increase. Ms. Moon advised that the Truth in Millage (TRIM) notices would not indicate this was a tax increase; however, if the millage rate remained the same between the First and Second Budget Hearings, the rate would be advertised as a tax increase.

Pursuant to Chairman Martinez’ statement that he was unaware of any reference to the Value Adjustment Board (VAB) appearing in prior Budget Proposals, Ms. Moon explained that staff attempted to make the language more comprehensible this year.

Chairman Martinez pointed out that this budget proposal, as presented, was a tax increase, even without Commissioner Monestime’s amendment, because it was above the “roll back” millage rate.

Commissioner Heyman referred to her fellow commissioners’ comments regarding the aesthetic disparity between UMSA and County municipalities, and between Miami-Dade and Broward Counties’ roadways and open spaces, noting Broward County was almost completely incorporated and its residents paid County as well as municipal taxes. She observed that if the tax rate remained flat, $19 million savings would be realized, and asked Mayor Gimenez to explain how these savings would be generated.

Mayor Gimenez explained that if the rate was kept flat, there would be an additional $16 million in countywide, $2.7 million in Fire, and $4 million in UMSA budgets. He noted in his proposal the impact from a flat rate was $1.5 million less in revenue budgeted from countywide; $2.7 million more in Fire; $688,000 less in Library; and $4.8 million less in UMSA than budgeted last year. Mayor Gimenez stated that the amount budgeted for FY 2012-13 was $4.3 million less than what was budgeted last year. He explained that this proposal would not impact services provided because more than 600 vacant County positions currently existed, adding that for the first time in three years, funds would be allocated for the replacement classes in the Police and Fire Departments. Mayor Gimenez noted the reorganization enabled the County to save close to $40 million this year and in excess of $40 million next year, which allowed it to balance the budget, accrue an Impasse Reserve, and reduce the millage rate another two percent.

In response to Commissioner Edmonson’s question, Ms. Moon confirmed that the Mayor’s proposed budget would be advertised as a tax increase, adding that State Law provided that TRIM notices clearly inform people of tax increases. She defined “roll back” as the amount of revenue expected to be generated in the current year, then adjusted for new construction; and reiterated that anything above “roll back” was defined as a tax increase.

Discussion ensued between the Board and staff members regarding the State’s definition of tax increase and whether a tax increase would result from the Mayor’s proposal and/or the proposed amendment to that proposal.

Mayor Gimenez explained that he recommended a two percent reduction in the millage rate; the property valuation was increased by two percent; and individual homeowner’s property taxes could either increase or decrease, based on the property’s value. He noted the County’s tax bills, according to his proposal, would be $4 million less than last year.

Commissioner Edmonson expressed opposition to increasing taxes and explained that she perceived this proposal as a tax increase based on the State’s definition.

Commissioner Suarez commended the Commission Auditor for providing the comparative tables for the County budget that clarified a number of questions asked by Board members. He asked that this information be made available on the County’s website to help the general public understand the different alternatives and that it be included in future budget packages. Commissioner Suarez stated that he would vote in favor of the Mayor’s proposal and that he supported giving the four percent back to County employees.

Commissioner Bovo expressed his support of the motion to adopt the foregoing resolution and noted he concurred with the comments in support of UMSA receiving the same type of tax relief that municipalities received.

In response to Commissioner Bovo’s question regarding a two-year period for the VAB to adjust/correct property values, Ms. Moon explained that the 2010 VAB process was completed in March/April 2012 and the 2011 VAB process was still underway.

Pursuant to Commissioner Bovo’s question regarding the impact of the number of property values appealed and adjusted on the County’s revenues, Ms. Moon stated that the County lost approximately $30 million this current budget year. She indicated that the projected Ad Valorem revenue would be $30 million less than the amount budgeted for this current year.

In response to Commissioner Bovo’s question regarding what number of property values were appealed and what percentage of those appeals were adjusted, Mr. Lazaro Solis, Deputy Property Appraiser, noted the number of appeals had continued to drop over the past three years due to the dramatic drop in the tax roll by more than $60 billion in taxable value. He stated approximately 80,000 properties were currently being appealed and pointed out that the timeframe to resolve an appeal had been extended from nine months to 18 months.

Commissioner Bovo asked the Property Appraiser to provide him with a report outlining what percentage of property taxes were appealed, what percentage of appeals were adjusted, and how those percentages compared with other counties in Florida. He commended Mayor Gimenez on his proposed budget and expressed support for this proposal.

Commissioner Diaz spoke in support of the Mayor’s proposed budget and provided his position regarding various line items within the Mayor’s proposal. He expressed concern regarding the decreased millage rate for the UMSA area and asked if that portion could be bifurcated out. Commissioner Diaz noted he disagreed with the State’s definition of roll back and he did not perceive the proposed reduction of $4.3 million in Ad Valorem revenue as a tax increase. He noted the budget as presented would greatly impact the departments under the UMSA budget, including Parks, Police, and Public Works.

Ms. Moon stressed the fact that this proposal as presented would not change any services because the same levels of services were funded. She pointed out that savings were realized through the reorganization of County departments.

Mayor Gimenez explained that the reorganization of the County departments had generated $40 million in savings this year and would generate $40 million in savings next year, which would assist with funding services.

In response to Commissioner Diaz’ reference to a letter from the Police Benevolent Association (PBA) advising of 56 fewer personnel in the Police Department if this proposed budget was approved, Ms. Moon explained that those 56 positions consisted of seven command staff positions and the remainder were non-sworn positions. She stated that by the end of next year, more sworn police officers would be patrolling the streets pursuant to this proposed budget.

Responding to Commissioner Diaz’ question as to whether funds could be taken from one department to support another, County Attorney Robert Cuevas stated this could be done as long as it was within the same tax district. He also clarified that the millage rate could not be increased for the four taxing jurisdictions.

Commissioner Diaz expressed concern with the UMSA millage rate being low and asked the Mayor to revise it upward slightly by adjusting the countywide rate as the Board would not be able to increase the millage rate once the budget was approved.

In response to Commissioner Jordan’s question as to whether adopting the roll back rate would affect the County’s ability to return the four percent contribution to employees, Mayor Gimenez indicated that adopting the roll back rate would result in $48 million less in revenue than adopting the proposed budget and stressed that this would absolutely affect the return of four percent to employees.

Pursuant to Commissioner Jordan’s inquiry as to whether adopting the roll back rate would affect employee layoffs, Ms. Moon advised that as 92 percent of the Fire District budget was funded by Ad Valorem taxes, it would be impacted most by the adoption of a roll back rate. She confirmed that adopting the roll back rate would be considered by the State as not increasing taxes.

In response to Commissioner Jordan’s question as to whether services would be reduced for UMSA even with the roll back rate, Ms. Moon indicated that the rate proposed was below the roll back rate for UMSA individually because the UMSA tax roll lost value.

Commissioner Jordan expressed concern regarding the UMSA rate; however, she noted she was pleased that funds would be allocated for the replacement classes in the Police and Fire Departments; consequently, she would support the Mayor’s proposed budget.

Commissioner Monestime indicated that his only concern was with the UMSA rate being lower than that of other municipalities which would make it impossible to provide the services needed in his District (Dist. 2). He noted to attract increased investments in his community, sanitation, safety, and environmental services needed to be increased.

In response to Commissioner Monestime’s question as to whether any residents would pay higher taxes if the roll back rate was adopted, Ms. Moon advised that more taxes would be assessed if their properties’ values increased by more than 5 ½ percent. Pursuant to Commissioner Monestime’s inquiry as to the reduction in revenues if the overall millage rate was reduced by 2 percent and the UMSA rate remained flat, Ms. Moon stated this would cause a $14 million reduction in countywide revenues. She explained how the different scenarios proposed by Commissioner Monestime would affect the countywide revenues.

Ms. Moon explained that the proposed budget was developed by determining how much resource was needed in order to maintain the same level of services without having additional layoffs. She said that the Administration took into account the savings realized through the County departments’ reorganization, and other savings, and determined what the millage rates would need to be in order to achieve its goals, including the Impasse Reserve if the Board decided to return the four percent contribution to the employees.

Commissioner Monestime noted the Mayor’s proposed budget overall was good; however, he preferred for the level of services to be increased for UMSA.

Hearing no further questions or comments, the Board proceeded to vote on the motion made by Commissioner Bell and seconded by Commissioner Sosa, that the Mayor’s proposed budget be adopted, as presented.
 
8H PARKS, RECREATION AND OPEN SPACES DEPARTMENT  
8H1  
  121390 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MANUEL DIAZ FARMS, INC. REPRESENTING A VALUE OF $85,800.00(Parks, Recreation and Open Spaces) Adopted
Resolution R-637-12
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
8I (No items were submitted for this section.)  
8J PORT OF MIAMI DEPARTMENT  
8J1  
  121044 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE A MANAGEMENT AGREEMENT BETWEEN THE COUNTY AND PORT OF MIAMI CRANE MANAGEMENT INC., TO PROVIDE MANAGEMENT SERVICES FOR THE MAINTENANCE AND REPAIR SERVICES FOR THE SEAPORT DEPARTMENT’S CONTAINER GANTRY CRANES AND OTHER CARGO HANDLING EQUIPMENT IN AN APPROXIMATE ANNUAL AMOUNT OF $7.5 MILLION AND TOTAL AUTHORIZED APPROXIMATE AMOUNT OF $37.5 MILLION IF ALL RENEWAL OPTIONS ARE EXERCISED; AUTHORIZING THE COUNTY MAYOR OR THE MAYOR’S DESIGNEE TO EXERCISE ALL TERMINATION, RENEWAL, AND OTHER COUNTY RIGHTS CONTAINED THEREIN; AND WAIVING COMPETITIVE BIDDING BY TWO-THIRDS VOTE PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER IN CONNECTION WITH THE APPROVAL AND EXECUTION OF THE AFOREMENTIONED MANAGEMENT AGREEMENT(Port of Miami) Adopted
Resolution R-638-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  6/13/2012 Forwarded to BCC with a favorable recommendation by the Economic Development & Social Services Committee  
8K (No items were submitted for this section.)  
8L PUBLIC WORKS & WASTE MANAGEMENT DEPARTMENT  
8L1  
  121117 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION AUTHORIZING EXECUTION OF THE FOURTH AMENDED AND RESTATED OPERATIONS AND MANAGEMENT AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND COVANTA DADE RENEWABLE ENERGY, LTD. FOR OPERATION OF THE COUNTY’S RESOURCES RECOVERY FACILITY(Public Works & Waste Management) Adopted
Resolution R-639-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  6/13/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8L1 SUPPLEMENT  
  121478 Supplement      
  SUPPLEMENTAL INFORMATION TO THE FOURTH AMENDED AND RESTATED OPERATIONS AND MANAGEMENT AGREEMENT BY AND BETWEEN MIAMI-DADE COUNTY AND COVANTA DADE RENEWABLE ENERGY, LTD Accepted
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
8M REGULATORY & ECONOMIC RESOURCES  
8M1  
  121379 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CANAL RIGHT-OF-WAY AND A CANAL MAINTENANCE EASEMENT IN EXCHANGE FOR THE RELEASE OF UNNEEDED EXCESS CANAL RESERVATION IN SECTION 19, TOWNSHIP 53 SOUTH, RANGE 40 EAST IN MIAMI-DADE COUNTY(Regulatory and Economic Resources) Adopted
Resolution R-640-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
8N (No items were submitted for this section.)  
8O WATER & SEWER DEPARTMENT  
8O1  
  121375 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AMENDMENT NUMBER TWO TO THE NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATING TO THE 54-INCH SANITARY SEWAGE FORCE MAIN BETWEEN VIRGINIA KEY AND FISHER ISLAND; INCREASING TOTAL COMPENSATION BY $1,100,000 MILLION FROM $7,150,000 TO $8,250,000 MILLION; AND AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO EXECUTE SAME AND EXERCISE THE PROVISIONS CONTAINED THEREIN(Water & Sewer Department) Adopted
Resolution R-641-12
Mover: Jose "Pepe" Diaz
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Suarez
8O2  
  121376 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR THE MAYOR’S DESIGNEE, SUBJECT TO CERTAIN CONDITIONS, TO AMEND, APPROVE, AND RECORD A TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED FROM THE CITY OF MIAMI BEACH TO THE COUNTY, AND TO AMEND AND APPROVE A NON-EXCLUSIVE DESIGN-BUILD CONTRACT BETWEEN THE COUNTY AND RIC-MAN CONSTRUCTION, INC., TO ALLOW FOR A CONNECTION POINT OF A SEWER MAIN IN THE CITY OF MIAMI BEACH; INCREASING TOTAL COMPENSATION TO RIC-MAN FROM $54,892,728.57 TO $77,436,278.83 AND EXTENDING SUCH CONTRACT FOR 210 DAYS; AUTHORIZING THE COUNTY MAYOR OR THE MAYOR’S DESIGNEE TO EXECUTE SUCH DOCUMENTS FOLLOWING REVIEW AND APPROVAL BY THE COUNTY ATTORNEY’S OFFICE AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN; AND WAIVING RESOLUTION R-130-06(Water & Sewer Department) Adopted
Resolution R-642-12
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 9 - 2
No: Martinez , Bovo, Jr.
Absent: Barreiro , Suarez
  REPORT: In response to Commissioner Jordan’s questions regarding the reason the potential risk was not discovered sooner, Mr. John Renfrow, Director, Miami-Dade Water and Sewer Department Director (WASD), explained that the technology necessary to detect this type of problem was not available. He stated, once available, technology uncovered in December 2011 that the sewer pipe donated to the County by the City of Miami Beach was in need of repair and at risk of bursting. Mr. Renfrow explained that the City of Miami Beach refused to bear any responsibility for the costs to remedy this situation and that the risk of the pipe’s imminent rupture prompted staff to request a change order instead of initiating a competitive bid process.

In response to Commissioner Jordan’s inquiry as to whether an expedited competitive bid process could provide a cost savings to the County and what timeframe would be involved, Mr. Renfrow explained that this project was being implemented for the benefit of the Port of Miami and the County and had to be done quickly to clear the way for the Miami Harbor Federal Navigation Project’s dredging route by 2014. He noted this proposed repair was projected to take approximately 210 days and stressed the need to continue with the current contractor to avoid additional delays.

Mr. Lester Sola, Director, Internal Services Department, clarified that this was not a standard County contract, but rather a design-build job that followed Florida Statutes 287.055. He noted a design-build contract provided the County with the ability to hire a design professional and a contractor; and if this type of contract was re-bid, it would require hiring a design criteria professional and then doing a solicitation for a team of architects, engineers and a contractor and could take from three to nine months. Mr. Sola indicated that the County had three options: (1) to request a change order; (2) to re-engage a design-build team; or (3) to hire an engineering firm to do the designs and later initiate a bid process, which would take even longer to complete.

In response to Commissioner Jordan’s question as to whether this was the absolute lowest price possible for this contract, Mr. Renfrow stated that he was confident this price was the lowest available as it was obtained approximately eight months ago and would be even higher at today’s prices.

Responding to Commissioner Jordan’s inquiry on the status of a report she requested during the January 11, 2012 Infrastructure and Land Use Committee meeting regarding aging water and sewer infrastructure in the County, Mayor Carlos Gimenez noted he would provide the report to her immediately following a briefing with the WASD Director and a Deputy Mayor.

Commissioner Jordan asked the County Mayor to place a discussion item on the Board’s agenda, under her sponsorship, regarding the report she previously requested, on the aging water and sewer infrastructure, including a cost analysis of repairing water and sewer lines/pipes in each Commission district, as well as a report on water and sewer pipeline breakages.

Commissioner Edmonson noted she was concerned when Ric-Man Construction, Inc. agreed to reduce the amount of the original contract by $1.4 million in April 2011 and stated, at that time, she believed a change order would be requested in the future. She questioned the difference between the original contract to replace pipes and this change order request to replace the same pipes for an additional $22 million.

Mayor Gimenez explained that the original contract was to replace the pipe and make it deeper because of the dredge and tie-in to an existing pipe; however, the existing pipe was found to be defective. He noted the route had to be changed to avoid the defective pipe, which could not be used.

In response to Commissioner Edmonson’s question as to how the extension of time would affect the dredging project, Mr. Renfrow explained that the pipe replacement job would be completed within 210 days, well before the beginning of the dredging project. He noted the Community Small Business Enterprise (CSBE) percentage participation goals would remain the same as in the original contract.

Commissioner Diaz noted he understood the reason for the request and supported expediting the pipe replacement; however, he expressed concern regarding the high costs of this project.

In response to Commissioner Diaz’ inquiry as to the funding source for this project, Mr. Renfrow advised that the funds would be generated from WASD’s budget funds. Pursuant to Commissioner Diaz’ recommendation that staff initiate a holistic analysis of the County’s water and sewer infrastructure using the updated technology, Mr. Renfrow stated that this task was already in progress.

Responding to Chairman Martinez’ question as to whether the County’s original plans for direct drilling were disallowed by the City of Miami Beach, Mr. Renfrow explained that the County tried to negotiate with the City of Miami Beach to put a shaft on land; however, due to excessive delay, the County staff decided to place the shaft in the water.

Pursuant to Chairman Martinez’ inquiry as to why the original plan to drill directly from the beach was not feasible, Mr. Eduardo Vega, Assistant Director, WASD, explained that acquiring easements from private property owners would take too long. Additionally, he noted, horizontal directional drilling presented a greater risk due to the need for more borings into the pipe.

In response to Commissioner Moss’ question regarding whether he supported this proposed resolution, Mayor Gimenez noted he examined the problem and determined the proposed alternative needed to be done immediately.

Pertaining to Commissioner Moss’ inquiry regarding the year the City of Miami Beach donated the pipe to the County, Mr. Renfrow said that it was in 1979.

Commissioner Heyman stressed how fortunate the Board was to have knowledge regarding this potential crisis before it happened and listed various County resources that would be impacted by a massive sewage spill, including the tourist trade. She expressed support for the foregoing proposed resolution.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended.
 
9 ADDITIONAL DEPARTMENTAL ITEMS  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
10A1  
  121400 Resolution   Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CLARIFY THE TITLES OF SUBSECTIONS, CORRECT AND UPDATE CROSS-REFERENCES BETWEEN PROVISIONS, AND DELETE REFERENCES TO OFFICES AND AGENCIES WHICH HAVE BEEN ABOLISHED Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A2  
  121406 Resolution   Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 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 REQUIRE AN EXTRAORDINARY VOTE TO INCLUDE ADDITIONAL LAND WITHIN THE URBAN DEVELOPMENT BOUNDARY Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A3  
  121409 Resolution     Lynda Bell        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND HOME RULE CHARTER PROVISIONS PERTAINING TO CHANGES IN MUNICIPAL BOUNDARIES AND CREATION OF NEW MUNICIPALITIES Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A3 ALTERNATE #1  
  121486 Resolution     Lynda Bell        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND HOME RULE CHARTER PROVISIONS PERTAINING TO CHANGES IN MUNICIPAL BOUNDARIES AND CREATION OF NEW MUNICIPALITIES [SEE ORIGINAL ITEM UNDER FILE NO. 121409] Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A3 ALTERNATE #2  
  121473 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND HOME RULE CHARTER PROVISIONS PERTAINING TO CHANGES IN MUNICIPAL BOUNDARIES AND CREATION OF NEW MUNICIPALITIES (SEE ORIGINAL ITEM UNDER FILE NO. 121409) Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A3 ALTERNATE #3  
  121487 Resolution     Jose "Pepe" Diaz        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND HOME RULE CHARTER PROVISIONS PERTAINING TO CHANGES IN MUNICIPAL BOUNDARIES AND CREATION OF NEW MUNICIPALITIES (SEE ORIGINAL ITEM UNDER FILE NO. 121409) Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A4  
  121391 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF WHETHER TO AMEND THE CHARTER TO GRANT ADDITIONAL AUTHORITY FOR THE COMMISSION ON ETHICS TO ENFORCE THE CITIZENS’ BILL OF RIGHTS Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A4 ALTERNATE  
  121475 Resolution   Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF WHETHER TO AMEND THE CHARTER TO GRANT ADDITIONAL AUTHORITY FOR THE COMMISSION ON ETHICS TO ENFORCE THE CITIZENS’ BILL OF RIGHTS (SEE ORIGINAL ITEM UNDER FILE NO. 121391) Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A5  
  121403 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 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 THE MAYOR SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE COUNTY’S INTERGOVERNMENTAL AFFAIRS FUNCTIONS AT THE FEDERAL, STATE, REGIONAL AND LOCAL LEVELS AND FOR CARRYING OUT THE POLICIES ADOPTED BY THE BOARD RELATED THERETO Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A6  
  121407 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND HOME RULE CHARTER PROVISIONS PERTAINING TO SALARIES OF COUNTY COMMISSIONERS Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A7  
  121404 Resolution      
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REMOVE THE MAYORAL AUTHORITY TO VETO THE BOARD OF COUNTY COMMISSIONER’S RESOLUTION OF A COLLECTIVE BARGAINING AGREEMENT IMPASSE Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A8  
  121401 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO EXTEND THE TIME TO CONDUCT AN ELECTION TO FILL A MAYORAL OR COMMISSIONER VACANCY, TO PROVIDE A TIMEFRAME FOR QUALIFICATION AND ANY NECESSARY RUNOFF AND TO TEMPORARILY TRANSFER, DURING A MAYORAL VACANCY, CERTAIN MAYORAL POWERS Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A8 ALTERNATE  
  121471 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO EXTEND THE TIME TO CONDUCT AN ELECTION TO FILL A MAYORAL OR COMMISSIONER VACANCY, TO PROVIDE A TIMEFRAME FOR QUALIFICATION AND ANY NECESSARY RUNOFF AND TO TEMPORARILY TRANSFER, DURING A MAYORAL VACANCY, CERTAIN MAYORAL POWERS (SEE ORIGINAL ITEM UNDER FILE NO. 121401) Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A9  
  121408 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER REGARDING COUNTY FRANCHISE FEE AND UTILITY TAX REVENUES Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A10  
  121397 Resolution      
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER REGARDING PETITION AND RECALL PROCESS REFORM Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A11  
  121395 Resolution      
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO INCREASE THE PERIOD OF TIME THAT THE BOARD MAY NOT AMEND OR REPEAL AN ORDINANCE ADOPTED BY THE ELECTORATE Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A12  
  121405 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO TRANSFER CERTAIN POWERS AND FUNCTIONS OF THE PREVIOUSLY ABOLISHED OFFICE OF SHERIFF FROM THE MAYOR TO THE DIRECTOR OF THE MIAMI-DADE POLICE DEPARTMENT Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A13  
  121396 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE A CHARTER REVIEW TASK FORCE Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A13 ALTERNATE  
  121476 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO CREATE A CHARTER REVIEW TASK FORCE (SEE ORIGINAL ITEM UNDER FILE NO. 121396) Deferred to August 23, 2012
Mover: Joe A. Martinez
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A14  
  121399 Resolution      
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROHIBIT COMMISSIONER RELATIONSHIPS WITH FIRMS DOING BUSINESS WITH THE COUNTY Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A14 ALTERNATE  
  121483 Resolution     Lynda Bell        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROHIBIT RELATIONSHIPS WITH FIRMS DOING BUSINESS WITH THE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 121399] Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A15  
  121398 Resolution     Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO PROVIDE THAT THE MAYOR NOT PARTICIPATE IN COUNTY PROCUREMENTS WHEN THE MAYOR HAS A CONFLICT OF INTEREST Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
10A15 ALTERNATE  
  121472 Resolution   Sally A. Heyman        
  RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO PROVIDE THAT THE MAYOR NOT PARTICIPATE IN COUNTY PROCUREMENTS WHEN THE MAYOR HAS A CONFLICT OF INTEREST (SEE ORIGINAL ITEM UNDER FILE NO. 121398) Deferred to August 23, 2012
Mover: Jose "Pepe" Diaz
Seconder: Barbara J. Jordan
Vote: 7 - 6
No: Jordan , Monestime , Heyman , Barreiro , Sosa , Bovo, Jr.
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  121413 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Esteban L. Bovo, Jr.        
  RESOLUTION APPROVING THE STATE ROAD CODESIGNATION OF STATE ROAD 826/PALMETTO EXPRESSWAY FROM THE ON RAMP AT NW 154 STREET TO THE ON RAMP AT NW 67 AVENUE AS ''JIM MANDICH MEMORIAL HIGHWAY'' Adopted
Resolution R-643-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
11A2  
  121380 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Lynda Bell
Audrey M. Edmonson
Rebeca Sosa
       
  RESOLUTION EXPRESSING THE BOARD’S INTENT TO DECLARE THAT THE FREEDOM FROM DOMESTIC VIOLENCE IS A FUNDAMENTAL HUMAN RIGHT Adopted
Resolution R-644-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
11A3  
  121414 Resolution   Joe A. Martinez        
  RESOLUTION APPROVING ALLOCATION OF FY 2011-12 OFFICE OF THE CHAIR BUDGET FUNDS Amended
  REPORT: (SEE AGENDA ITEM 11A3 AMENDED; LEGISLATIVE FILE NO. 121551.)  
11A3 AMENDED  
  121551 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Joe A. Martinez        
  RESOLUTION APPROVING ALLOCATION OF FY 2011-12 OFFICE OF THE CHAIR BUDGET FUNDS [SEE ORIGINAL ITEM UNDER FILE NO. 121414] Adopted as amended
Resolution R-645-12
Mover: Joe A. Martinez
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: During consideration of today’s (7/17) agenda, Chairman Martinez relinquished the Chair and noted he pulled Item 11A3 to make an amendment to add an allocation, in the amount of $500, to the Citizens Crime Watch Gala.

The Board adopted the foregoing resolution as amended to add an allocation, in the amount of $500, to the Citizens Crime Watch Gala.
 
11A4  
  121421 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION APPROVING ALLOCATIONS OF FY 2011-12 DISTRICT 2 OFFICE BUDGET FUNDS Adopted
Resolution R-646-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
11A5  
  121094 Resolution     Sen. Javier D. Souto        
  RESOLUTION CREATING A TASK FORCE TO MAKE RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS ON CREATING DESIGN CRITERIA FOR MIAMI-DADE COUNTY, ESTABLISHING DESIGN REVIEW BOARDS, AND CREATING PROCEDURES AND THRESHOLDS WHICH WOULD GOVERN SUCH A REVIEW PROCESS Deferred to November 20, 2012
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  6/13/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
  7/3/2012 Deferred by the Board of County Commissioners  
11A6  
  121305 Resolution     Sally A. Heyman
Lynda Bell
Dennis C. Moss
       
  RESOLUTION PLACING A NON-BINDING STRAW BALLOT QUESTION ON THE GENERAL ELECTION BALLOT IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY WHETHER THEY SUPPORT THE COUNTY COMMISSION INCREASING THE COUNTYWIDE GENERAL FUND MILLAGE BY 0.1079 MILLS TO FUND IMPROVED ANIMAL SERVICES PROGRAMS IN THE COUNTY Amended
  REPORT: (SEE AGENDA ITEM 11A6 AMENDED; LEGISLATIVE FILE NO. 121556.)  
  7/10/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
11A6 AMENDED  
  121556 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Lynda Bell
Dennis C. Moss
       
  RESOLUTION PLACING A NON-BINDING STRAW BALLOT QUESTION ON THE GENERAL ELECTION BALLOT IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI DADE COUNTY WHETHER THEY SUPPORT THE COUNTY COMMISSION INCREASING THE COUNTYWIDE GENERAL FUND MILLAGE BY 0.1079 MILLS TO FUND IMPROVED ANIMAL SERVICES PROGRAMS IN THE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 121305] Adopted as amended
Resolution R-647-12
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  REPORT: During consideration of today’s (7/17) agenda, Commissioner Jordan stated that while she voted in favor of the foregoing proposed resolution in the Public Safety & Healthcare Administration Committee meeting, she informed members she would probably not continue with that support. She stated, for the record, that she would like to include Jackson Health Services or Children’s Services on any County tax-related straw ballots.

Pursuant to Chairman Martinez’ suggestion that she present her item for consideration at the August 23, 2012 Special BCC meeting, Commissioner Jordan stated that she would be unable to attend the Special meeting; however, she would prepare and submit the proper documentation for placement on that agenda.

Mr. Alex Munoz, Director, Animal Services, advised that language on handwritten page 4 needed to be amended to state “historically 20,000” as opposed to “currently 15,000.”

County Attorney Cuevas read, into the record, the following language from the proposed ballot question: “…Would you be in favor of the County Commission increasing the countywide General Fund millage by 0.1079 mills, and applying additional Ad Valorem tax revenues generated thereby to fund improved animal services, including decreasing the killing of adoptable dogs and cats (currently approximately 15,000 annually)…”

Hearing no further questions or comments, the Board adopted the foregoing resolution as amended on handwritten page 4, to change the parenthetical language in the first bullet to “…historically approximately 20,000 annually…”
 
11B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  121528 Report      
  ALLOCATION OF (FY) 2011/12 OFFICE BUDGET FUNDS (DISTRICT 4) Approved
Mover: Rebeca Sosa
Seconder: Lynda Bell
Vote: 9 - 0
Absent: Barreiro , Suarez , Moss , Diaz
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 4 Office Budget Funds as requested by Commissioner Heyman:

$500 to American Cancer Society (Relay for Life: SIB/Golden Beach/Aventura)
$1,000 to American Cancer Society (Making Strides)
$1,000 to Susan G. Komen Race for the Cure
$2,500 to Miami Lighthouse for the Blind (Dog Walk)
$1,000 to Women’s Fund
$1,000 to Humane Society of Greater Miami
$1,800 to Jewish Museum of Florida
$1,800 to National Council of Jewish Women
$2,000 to Best Buddies

At the Miami-Dade County Board of County Commissioners’ Meeting of Tuesday, July 3, 2012, Commissioner Heyman asked to be reimbursed $580.99 from her office account for costs associated with various District 4 Events.
 
11B2  
  121529 Report      
  ALLOCATION OF COUNTY TENNIS TICKET REVENUE (SONY ERICKSON) (DISTRICT 6) Approved
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
  REPORT: At the March 8, 2012, Miami-Dade County Board of County Commissioners’ meeting, the Board agreed to divide the Sony Erickson $102,000.00 ticket allocation equally amongst the 13 Districts to provide funds for children summer activities.

I would like to allocate those funds as follows:

$1,000 to City of West Miami Recreation Center’s Youth Summer Program
$2,000 to AD Barnes – Swim for Jenny Foundation
$2,000 to City of Miami Springs Youth Swimming Summer Program
$1,980 to City of Hialeah Swimming Program
 
11B3  
  121530 Report      
  ALLOCATION OF (FY) 2011/12 OFFICE BUDGET FUNDS (DISTRICT 8) Approved
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 8 Office Budget Funds as requested by Commissioner Bell:

$500 to the Spanish American League Against Discrimination’s Community Service Festival (which will provide an array of services that will benefit the South Dade community)
$500 to the VFW Post 4127 for their 6th Annual 9/11 Freedom Walk (in commemoration of those who responded during and after the attacks of 9/11, and to those who continue to fight for our freedom and the values of our Country)
$200 to My Animals Rock, Inc. (for their continued efforts to save the lives of homeless and abandoned pets)
 
11B4  
  121531 Report      
  ALLOCATIONS OF (FY) 2011/12 OFFICE BUDGET FUNDS (DISTRICT 9) Approved
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 11 Office Budget Funds as requested by Commissioner Moss:

$500 to University of Miami for UM Institute (for Cuban and Cuban-American Studies “Mosaic Program”)
$500 to Spanish American League Against Discrimination (S.A.L.A.D.) (for Community Service Festival)
$500 to Mt. Calvary CDC (for their first Youth Photography Graduating Class)
$500 to KINAD, Inc. (for program support)
 
11B5  
  121532 Report      
  ALLOCATION OF (FY) 2011/12 IN-KIND RESERVES FUNDS (DISTRICT 10) Approved
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
  REPORT: The following funding allocations were made from District 10 In-Kind Reserves as requested by Commissioner Souto:

$2,000 to the Consulate of Colombia (for the Fair for Community Services to be held on August 25 – August 26)

The following funding allocation was made from fiscal year (FY) 2011/12 District 10 Office Budget Funds as requested by Commissioner Souto:

$5,000 to U.M. Cuban Studies Division (Dr. Jaime Sarchliki)
 
11B6  
  121533 Report      
  ALLOCATION OF (FY) 2011/12 OFFICE OF THE CHAIR BUDGET FUNDS (DISTRICT 11) Approved
Mover: Rebeca Sosa
Seconder: Lynda Bell
Vote: 9 - 0
Absent: Barreiro , Suarez , Moss , Diaz
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 Office of the Chair Budget Funds as requested by Chairman Martinez:

$500 to the Citizen’s Crime Watch of Miami-Dade County (37th Annual Awards Ceremony)
$1,000 to the J.A.M. Foundation, Inc.
 
11B7  
  121534 Report      
  ALLOCATION OF (FY) 2011/12 OFFICE BUDGET FUNDS (DISTRICT 12) Approved
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
  REPORT: The following funding allocations were made from fiscal year (FY) 2011/12 District 12 Office Budget Funds as requested by Commissioner Diaz:

$600 to D’Amor Foundation
$500 to Citizen’s Crime Watch
$500 to Greater Miami Chamber of Commerce
 
12 COUNTY MANAGER  
13 COUNTY ATTORNEY  
13A1  
  121363 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING SETTLEMENT OF CLAIMS WITH KIMLEY-HORN AND ASSOCIATES, INC. RELATING TO THE OPA-LOCKA EXECUTIVE AIRPORT TRAFFIC CONTROL TOWER PROJECT # L085A; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE AN AMENDMENT TO THE PROJECT SPECIFIC SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES EFFECTUATING THAT SETTLEMENT IN THE MAXIMUM AMOUNT OF $625,000.00(County Attorney's Office) Adopted
Resolution R-648-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  121250 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 SUBMIT A GRANT APPLICATION TO FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION’S FLORIDA BOATING IMPROVEMENT FUND FOR $70,000 WITH A COUNTY MATCH OF $23,200 FROM MIAMI-DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT’S MARINA CAPITAL IMPROVEMENT FUNDS FOR REPLACEMENT OF DETERIORATED DOCK FENDERS AT HERBERT HOOVER MARINA AT HOMESTEAD BAYFRONT PARK AND FURTHER AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO RECEIVE AND EXPEND FUNDS AND TO EXECUTE CONTRACTS, AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND RENEWALS, SUBJECT TO COUNTY ATTORNEY APPROVAL(Parks, Recreation and Open Spaces) Adopted
Resolution R-624-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  7/9/2012 Forwarded to BCC with a favorable recommendation by the Recreation & Cultural Affairs Committee  
14A2  
  121469 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE ACCESS OF A STATE OF NEW YORK CONTRACT IN AN AMOUNT UP TO $3,174,000 TO SIEMENS BUILDING TECHNOLOGIES FOR PURCHASE OF SECURITY SYSTEMS AND SOLUTIONS, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO ACCESS THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY, AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO CONDUCT MODIFICATIONS, AND EXERCISE, IN THEIR DISCRETION, ANY CANCELLATION PROVISIONS, ANY RENEWAL PERIODS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN(Port of Miami) Adopted
Resolution R-649-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
14A3  
  121384 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Dennis C. Moss
       
  RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF PROJECT PARTNERSHIP AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE UNITED STATES DEPARTMENT OF THE ARMY IN THE APPROXIMATE AMOUNT OF $180,000,000; EXPRESSING INTENT OF COUNTY TO ISSUE PORT REVENUE BONDS TO FINANCE PART OF PORT’S PHASE III DREDGING PROJECT’S COSTS; AUTHORIZING THE MAYOR OR THE MAYOR’S DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ANY CANCELLATION, TERMINATION AND/OR FUNDING PROVISIONS CONTAINED THEREIN; AND, AUTHORIZING THE COUNTY TO ADVANCE A PORTION OF PROJECT COSTS FROM COUNTY POOLED CASH, TO BE REIMBURSED UPON FUTURE PORT REVENUE BOND PROCEEDS BECOMING AVAILABLE(Port of Miami) Adopted
Resolution R-650-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  7/11/2012 Forwarded to BCC with a favorable recommendation by the Economic Development & Social Services Committee  
14A4  
  121474 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Lynda Bell        
  RESOLUTION DELEGATING TO THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE THE RIGHT TO ENTER INTO THE SETTLEMENT AND RELEASE OF CLAIMS AGAINST JPMORGAN CHASE & CO. RELATING TO ITS’ CONDUCT IN THE MUNICIPAL BOND DERIVATIVES MARKET IF CERTAIN CONDITIONS ARE SATISFIED; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH SUCH PURPOSES INCLUDING EXECUTION OF ALL RELATED DOCUMENTS(Finance Department) Adopted
Resolution R-651-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
14A5  
  121463 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION AUTHORIZING MIAMI-DADE TRANSIT RAIL AND BUS SERVICE ADJUSTMENTS TO BE IMPLEMENTED ON OR ABOUT JULY 22, 2012 [SEE ORIGINAL VERSION UNDER FILE NO. 121302](Miami-Dade Transit) Adopted
Resolution R-623-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
  7/9/2012 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Regional Transportation Committee  
14A6  
  121484 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION APPROVING CONFIDENTIAL PROJECT VISION AS A TARGETED JOBS INCENTIVE FUND PROGRAM BUSINESS PURSUANT TO THE CODE OF MIAMI-DADE COUNTY, FLORIDA, CHAPTER 2, ARTICLE LXXXVI, AS MODIFIED BY ORDINANCE NO. 11-08; CONFIRMING THAT THE COMMITMENT OF INCENTIVE AWARDS FOR CONFIDENTIAL PROJECT VISION EXISTS; PROVIDING AN APPROPRIATION OF UP TO $3,500,000 FROM GENERAL REVENUE FUNDS FOR FISCAL YEARS 2012-2013 THROUGH 2017-2018 WITH THE PROVISION THAT ANY TAX INCENTIVE GRANTED TO CONFIDENTIAL PROJECT VISION UNDER FLORIDA STATUTE 196.1995 REDUCES ANY TARGETED JOBS INCENTIVE FUNDS AWARD TO CONFIDENTIAL PROJECT VISION BY THE AMOUNT OF ANY SUCH TAX ABATEMENT GRANTED; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS OR TO MODIFY THE JOB CREATION AND DISBURSEMENT DATES TIMELINE, AND TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS, AND PROVIDING FOR AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted
Resolution R-652-12
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  121392 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JULY 17, 2012(Clerk of the Board) Accepted
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
15B2  
  121393 Report      
  COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD JULY 19, 2011 (REGULAR BCC MEETING) OCTOBER 20, 2011 (ZONING MEETING)(Clerk of the Board) Approved
Mover: Rebeca Sosa
Seconder: Jose "Pepe" Diaz
Vote: 13 - 0
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15C1  
  121489 Nomination      
  APPOINTMENT OF CAROLYN GIVSON TO THE PARK & RECREATION ADVISORY BOARD BY COMMISSIONER MONESTIME Appointed
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
15C2  
  121490 Nomination      
  APPOINTMENT OF RAMON L. ARRONTE TO THE BOARD OF RULES & APPEALS BY COMMISSIONER MONESTIME Appointed
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
15C3  
  121491 Nomination      
  APPOINTMENT OF SAMIA TAOULOST MALIK TO THE COMMISSION FOR WOMEN BY COMMISSIONER MONESTIME Appointed
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
15C4  
  121492 Nomination      
  APPOINTMENT OF ANDRES SAVRANSKY TO THE AFFORDABLE HOUSING ADVISORY BOARD BY COMMISSIONER SOSA Appointed
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Martinez , Diaz
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15E MAYOR’S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
15F  
  121518 Report      
  NON-AGENDA ITEMS REPORT Presented
  REPORT: Commissioner Sosa presented Ms. Berta Bravo with a proclamation, declaring Thursday, July 19, 2012, as ''Guayabera Lady Day."  
16 ITEMS SCHEDULED FOR THURSDAY  
16B ZONING AGENDA (Scheduled for 9:30 am)  
16C METROPOLITAN PLANNING ORGANIZATION AGENDA (Scheduled for 2:00 p.m.)  
19 ADJOURNMENT  
  REPORT: There being no further business to come before the Board of County Commissioners, the meeting adjourned at 6:11 p.m.  
3 CONSENT AGENDA  


10/25/2014       Agenda Key: 3234

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