FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Wednesday, January 23, 2013
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; Juan C. Zapata; Esteban L. Bovo, Jr.
Members Absent: None
Members Late: Sen. Javier D. Souto; Dennis C. Moss; Jose "Pepe" Diaz
Members Excused: None
Members Absent County Business: None
         
1 MINUTES PREPARED BY:  
  REPORT: Jill Thornton, Commission Reporter
(305) 375- 2505 		 
1A INVOCATION AS PROVIDED IN RULE 5.05(G)  
  REPORT: The invocation was presented by Michael Roan, Sergeant of Arms, followed by a roll call and the Pledge of Allegiance.  
1B ROLL CALL  
  REPORT: In addition to the Board members, the following staff members were present: Deputy Mayor/County Manager Alina Hudak, Deputy Mayors Genaro �Chip� Iglesias and Edward Marquez, County Attorney Robert Cuevas, First Assistant County Attorney Abigail Price-Williams; Assistant County Attorneys Jess McCarty, Oren Rosenthal and Dennis Kerbel; Management and Budget Director Jennifer Glazer-Moon; and Deputy Clerks Christopher Agrippa and Jill Thornton.

County Mayor Carlos Gimenez was also present.


SETTING THE AGENDA:

In addition to the changes listed in Chairwoman Sosa�s Memorandum of Changes to the January 23, 2013 Board of County Commissioners meeting agenda, County Attorney Robert Cuevas requested that Agenda Item 2B1 (a mayoral appointment) be heard first, and that Agenda Item 7D be deferred to the February 20th BCC meeting, at the request of the sponsor. He also noted Commissioner Bell asked that she be added to the Pull List as an additional pulling commissioner for Agenda Item 11A1; and Chairwoman Sosa asked that Agenda Items 11A8, 11A12, and 11A13 be released from the Pull List.

In addition, County Attorney Cuevas noted Agenda Items 14B1 and 15B1 were added to the Pull List for an amendment, as Chairwoman Sosa intended to amend the report in Item 15B1 to reassign the public hearing for Agenda Item 4A from the Thursday, March 14, 2013 Economic Development and Port of Miami Committee meeting at 2:00 p.m., to the March 13, 2013 Public Safety and Animal Services Committee meeting at 9:30 a.m.

County Attorney Cuevas noted all items on the agenda would be approved by the County Commissioners in a single vote to set the agenda, except for Agenda Item 2B1(a mayoral appointment), Special Set Items 8L5, 8L6 and 11A28, Ordinances for first reading, public hearings, Item 6B1 (a policy matter), Ordinances for second reading, Item 14B1 Substitute (Advisory Board Appointment by ballot); and the following Pull List Items: 8C1, 8C2, 8F3, 8F4, 8F5, 8F7, 8H2, 8L5, 8L6, 8L7, 8N2, 11A1, 11A2, 11A4, 11A7, 11A9, 11A10,11A11, 11A15, 11A16, 11A18, 11A19, 11A20, 11A28, 14A1, 14A2, 14A3, 14B1, 15B1, and 15B4.

Commissioner Bovo released Agenda Item 8H2, and his portion of Agenda Items 8F3 and 8F7 from the Pull List.

Chairwoman Sosa advised that Item 8H2 would be released from the Pull List, but Items 8F3 and 8F7 would remain on the list because they were pulled by other commissions as well.

Commissioner Heyman advised that she would be leaving this meeting around noon to attend another engagement, but would return. She requested the Board postpone consideration of Agenda Item 11A28 until later in the day to accommodate her schedule.

In response to Chairwoman Sosa�s inquiry regarding whether Agenda Item 11A8 a time certain item to discuss the Sun Life Stadium, could be heard later in today�s agenda since it was advertised for a time certain. County Attorney Cuevas noted it could be considered later today, provided the Board approved the change in the agenda.

It was moved by Commissioner Heyman that the Board consider Agenda Item 11A28 at 1:30 p.m. today (1/23), instead of 11:30 a.m. This motion was seconded by Chairwoman Sosa, and upon being put to a vote, passed by a vote of 10-0. (Commissioners Moss, Diaz and Jordan were absent)

Vice Chair Bell released Agenda Items 8C1 and 8C2, with an instruction to staff to include in the list of grants, the name of the Commission District for each of the grantees/organization awarded Tourist Development Council (TDC) Grant Program funding.

It was moved by Commissioner Edmonson that today�s (01/23) agenda be approved, with the changes noted in Chairwoman Sosa�s Memorandum of Changes and the additional changes requested by County Attorney Cuevas and County Commissioners. This motion was seconded by BCC Vice Chair Bell, and upon being put to a vote, passed by a vote of 10-0 (Commissioners Moss, Diaz and Jordan were absent). 		 
1C PLEDGE OF ALLEGIANCE  
 
1D SPECIAL PRESENTATIONS  
1D1  
  130041 Special Presentation     Lynda Bell        
  PRESENTATION OF THE DIRECTOR�S COMMUNITY LEADERSHIP AWARD (DCLA) TO THE ASIAN AMERICAN ADVISORY BOARD Presented
  REPORT: Special Agent Michael Steinbach, Jacksonville Division of the Federal Bureau of Investigations (FBI), presented the FBI Director�s Community Leadership Award to the Miami-Dade Asian American Advisory Board (AAAB).

Mr. Steinbach noted, contrary to what the movies portray, most FBI investigations do not begin with wiretapping, but by information provided through community partnership established between the FBI and citizens, public officials, private entities or advisory boards. Mr. Steinbach also noted that when he arrived in South Florida, he first met with the AAAB and noticed it had a solid partnership with the FBI. He said the AAAB�s commitment and assistance has helped the FBI to maintain a safe community for South Florida, and made it easy for the FBI to choose the AAAB as the recipient of this award.

Mr. Ahmad (Adam) Tavakoly, Chairman of the Miami-Dade Asian American Advisory Board (AAAB), expressed appreciation to the FBI for recognizing the AAAB�s achievements, and to the County Commissioners for hosting this ceremony. He said he was honored to receive such a distinguished award. Mr. Tavakoly also thanked past and present members of the AAAB and the community for assisting the AAAB in its special events such as Dragon Board Festival, Chinese New Year and various Asian Cultural festivals. He spoke about the AAAB�s involvement with Community Health Initiative (CHI) Clinics, the SAHARA Center, and the NANAY Asian Community Center.

Mr. Tavakoly recognized Chairman Shawn Khosravi of Friends of the AAAB and its student scholarship program, which has awarded more than 75 scholarships to date. He also recognized Mohammad Shakir and Rene Diaz, Executive Directors of AAAB and the Office of Community Advocacy, respectively, for steering the AAAB in its engagements with the community and law enforcement officers. Mr. Tavakoly expressed appreciation to the County Commissioners for their encouragement, their engagement in the community and their vision to create advocacy/advisory boards, which has greatly benefitted the Asian American Community.

Vice Chair Bell noted her personal involvement with the AAAB. She also noted to her knowledge, the AAAB was the only county advisory board that had met with the County Commissioners and provided updates on its accomplishments, plans and scholarships on a regular basis. She said the AAAB has operated health clinics at its own expense, helping those with the greatest needs in the community. She expressed appreciation to the FBI and to the US Attorney�s Office for recognizing the AAAB for its efforts and as the recipient of this award.

Chairwoman Sosa also expressed appreciation to the FBI for recognizing the AAAB�s achievements in this community, and to US Attorney Wilfredo Ferrer (former Assistant County Attorney) for participating in this ceremony. 		 
1D2  
  130056 Special Presentation     Jean Monestime        
  SPECIAL PRESENTATION TO THE MUSEUM OF CONTEMPORARY ART NORTH MIAMI, RECIPIENT OF THE PRESTIGIOUS NATIONAL MEDAL FOR MUSEUM AND LIBRARY SERVICE Presented
  REPORT: Commissioner Monestime presented a proclamation to Ms. Bonnie Clearwater, Director/Chief Curator of the North Miami Museum of Contemporary Art (MOCA), in honor of the prestigious 2012 National Medal received by the Museum last November for Museum and Library Services. He noted this award is the highest honor granted by the Federal Institution of Museum and Library in Washington D.C., to museums and libraries fortheir services to the community.

Commissioner Monestime noted MOCA was a true asset to the community and he was proud to represent Commission District 2 where it was located. Commissioner Monestime commented on MOCA�s acclaimed outreach program �Women on the Rise� which trains local female artists to teach youth incarcerated in local juvenile detention centers or other facilities how to be self-expressive and take pride in their community through the use of art. He said that MOCA has provided programming in art and education aimed at improving literacy, empowering women, reducing truancy, and deterring gang activity and bad social behavior in the community. Commissioner Monestime congratulated Ms. Clearwater for her accomplishments with the Museum.

Ms. Clearwater said she was deeply honored by this presentation and she expressed appreciation to the County Commissioners for recognizing the achievements of the MOCA. She noted that MOCA was the first contemporary art museum to receive this national award, and the Brooklyn Museum in New York was last year�s recipient, but it was a much larger museum with a larger budget and it had been in existence for nearly 100 years. Ms. Clearwater noted much has been accomplished since MOCA opened in 1996; and an entire generation has grown up under MOCA�s programming, which has educated more than 20,000 children, teens and adults annually, with a special emphasis on �at risk� youth,. She also noted that MOCA now offers twelve teenage after-school programs at no cost, and recently launched a free internship/training program aimed at motivating students to attend college and obtain a career in the creative industries.

Ms. Clearwater also noted MOCA�s Board of Trustees now recognize the strong support of the County Commissioners, the City of North Miami Officials, and the Miami-Dade�s Cultural Affairs Department for the arts being essential for building and transforming communities. 		 
1D3  
  130057 Special Presentation     Jean Monestime        
  SPECIAL PRESENTATION TO MIAMI CENTRAL SENIOR HIGH SCHOOL, FLORIDA CLASS 6A STATE FOOTBALL CHAMPIONS Presented
  REPORT: Commissioner Monestime presented Principal Gregory Bethune of Miami Central Senior High School a proclamation, naming January 23rd as �Miami Central Senior High School Football Team Day.� He noted Miami Central High was home of the mighty �Rockets� and won their second State Football Championship in three years, by defeating Gainesville Senior High 37-14, in the Citrus Bowl game played in Orlando, Florida.

Commissioner Monestime noted the team was led by Coach Telly Lockette and a phenomenal coaching staff, who provided educational support and fostered a sense of family among the players. He also noted the team was recognized by the Sports Illustrated Magazine as having the toughest high school football schedule in the nation. He said the team was an inspiration to the community and he was proud of them. Commissioner Monestime encouraged the students to continue their achievements both in the classroom and on the field, expressing that the �Sky was the Limit.� He congratulated and encouraged the seniors who graduated from Miami Central Senior High this year and were headed for college.

School Principal Bethune thanked Commissioner Monestime for acknowledging the team�s victory. He noted the players were students before athletes and he was extremely proud of their accomplishments in the classroom and on the field. He congratulated Commissioner Monestime for winning the Commissioner�s Cup this year.

Assistant Coach Dwight Jackson expressed appreciation to the County Commissioners for recognizing and honoring the team�s accomplishments. He said it was very important for students to be supported and encouraged because they represent the future. He noted the coaches of Miami Central High were adamant about students placing a priority on receiving an education over participating in sports.

An unidentified speaker (a student athlete and team leader), known as Bow Wow, expressed appreciation for this honor. He noted the players were very serious about obtaining an education and had tutored other students and participated in weekend classes to achieve it. He stated his belief that students who excelled in the classroom first could excel at anything. He commended Principal Bethune and team coaches for being the best and for staying on top of the team.

Mr. Darryl Holseandeolph, member of Miami Central High�s Alumni Association, thanked the County Commissioners for recognizing the team�s efforts, and commended the Team for a job well done. He noted this School�s success began several years ago when an attempt to close it failed. He said the community has since pulled together to encourage the students to believe in their dreams, and to work hard to achieve them.

Principal Bethune invited Commissioner Monestime to be the official Grand Marshal of the parade scheduled for February 9, 2012 to celebrate Miami Central Senior High School�s Football Championship victory.

Commissioner Monestime thanked Commissioner Edmonson for co-sponsoring the Commissioner�s Cup, and wished her success in next year�s competition. 		 
1D4  
  130058 Special Presentation     Jean Monestime        
  SPECIAL PRESENTATION TO MAURICIO PEREZ FOR HIS SPECIAL CONTRIBUTION TO THE PARKS FOUNDATION OF MIAMI-DADE Deferred to No Date Certain
Special Presentation
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: During changes to today's (1/23) agenda, this presentation was deferred to no date certain as requested by the prime sponsor.  
1D5  
  130053 Proclamation     Sally A. Heyman        
  PRESENTATION OF A PROCLAMATION TO MS. BUNCHY GERTNER Presented
  REPORT: Commissioner Heyman presented a proclamation to Ms. Bunch Gertner in honor of her exemplary commitment and efforts advocating for underprivileged children. She noted Ms. Gertner has championed Toy Drives for the past 16 years; collected thousands of toys and gifts from a broad network she organized; and brightened the hearts of many children in this community. She also noted Ms. Gertner collaborated with Voices for Children Foundation, the fundraising arm for the County�s foster care program, to ensure every child in foster care received a gift, especially teenagers aging out of this system and excluded from toy drives and other holiday events aimed at younger children.

Ms. Gertner expressed appreciation to Commissioner Heyman for her kind words and this presentation. She also thanked her friends in the audience who were present in her honor. She noted toy drives were a huge endeavor that involved countless of hours and volunteers (toy drive elves) who never said �No� when approached from year to year for their assistance. She said she was eternally grateful for their commitment. 		 
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1F REPORTS OF OFFICIAL BOARDS  
1G MOTION TO SET THE AGENDA AND "PULL LIST"  
1H OFFICE OF COMMISSION AUDITOR  
1I OFFICE OF INTERGOVERNMENTAL AFFAIRS  
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2B1  
  130105 Report      
  MAYORAL APPOINTMENT FIRE CHIEF - MIAMI-DADE FIRE RESCUE(Mayor) Approved
Report
Mover: Barbara J. Jordan
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Suarez
  REPORT: County Mayor Carlos Gimenez announced his appointment of David (Dave) Downey as the new Fire Chief of Miami-Dade Fire and Rescue (MDFR). He provided a brief overview of Mr. Downey�s accomplishments within the Department.

Chairwoman Sosa and Commissioners Heyman, Diaz, Jordan, Edmonson and Souto congratulated Mr. Downey on his promotion.

Commissioner Edmonson asked Chief Downey to consider reviewing the hiring practices of the MDFR, to ensure additional women, especially African American women, were considered for higher positions in the Department.

Commissioner Souto asked Chief Downey to relay a message to his Department that the constituents of Commission District 10 very much appreciated the superb services the MDFR has provided to the community.

Chairwoman Sosa noted a promotion in the Fire Department meant that the person promoted had exhibited professionalism and concern for the safety of others. She congratulated Mr. Downey on his promotion and former Chief William Bryson on his retirement and thanked him for his services with the MDFR.

At Commissioner Jordan�s request, the Board by motion duly made, seconded and carried, approved the Mayor�s appointment of David Downey as the new Fire Chief of MDFR.

Chief Downey noted it was an honor to be selected as the new Fire Chief of MDFR. He expressed appreciation to the Mayor and County Commissioners for the appointment and for their words of encouragement. He said he believed that MDFR�s staff was the best in the nation and their services were unmatched, and he thanked them for believing in him. Mr. Downey noted he was committed to delivering the highest level of service, to be fiscally responsible, ensure the safety of first responders, and to build on the strong labor management foundation that former Chief Bryson established. He noted his commitment and belief in protecting those who protected others, and said he would never forget where he came from. Chief Downey also expressed appreciation to members of his family and friends for their support, and to former Chief Bryson for his leadership, vision, friendship, and for mentoring him. 		 
2C OTHER ISSUES  
3 SUMMER RECESS ITEMS  
4 ORDINANCES FOR FIRST READING  
4A  
  122501 Ordinance     Sally A. Heyman
Juan C. Zapata 		       
  ORDINANCE PROHIBITING THE USE OF SIMULATED GAMBLING DEVICES; CREATING ARTICLE XI.5 OF CHAPTER 21 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ESTABLISHING EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE The motion that this item be Adopted on first reading failed
Public Hearing: February 20, 2013
Mover: Sally A. Heyman
Seconder: Jean Monestime
Vote: 4 - 7
No: Jordan , Edmonson , Barreiro , Sosa , Suarez , Bell , Diaz
Absent: Moss , Bovo, Jr.
  REPORT: During the setting of the agenda, County Attorney Cuevas noted he understood that Agenda Item 15B1 should be added to the Pull List, as Chairwoman Sosa intended to amend the report to reassign the public hearing on Agenda Item 4A from the Thursday March 14, 2013 Economic Development and Port of Miami Committee meeting at 2:00 p.m. to the March 13, 2013 Public Safety and Animal Services Committee meeting at 9:30 a.m.

Subsequently, the motion to adopt Item 4A on first reading failed. 		 
  12/28/2012 Requires Municipal Notification by the Board of County Commissioners  
4B  
  130081 Ordinance     Economic Development & Port Miami Committee
Lynda Bell 		       
  ORDINANCE RELATING TO LOCAL BUSINESS TAXES; AMENDING CHAPTER 8A OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO MAKE PROVISIONS CONSISTENT WITH CHAPTER 205, FLORIDA STATUTES; AND TO CORRECT SCRIVENER�S ERROR; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Finance Department) Adopted on first reading
Public Hearing: March 14, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Economic Development and Port of Miami Committee on Thursday, March 14, 2013 at 2:00 PM. 		 
  1/14/2013 Requires Municipal Notification by the Board of County Commissioners  
4C  
  122465 Ordinance     Barbara J. Jordan
Audrey M. Edmonson 		       
  ORDINANCE REQUIRING SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY TO ALLOW REGISTERED ELECTORS TO PICK UP AND RETURN ABSENTEE BALLOTS ON THE SUNDAY AND MONDAY PRIOR TO ANY PRESIDENTIAL ELECTION; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: February 14, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Economic Development and Port of Miami Committee on Thursday, February14, 2013 at 2:00 PM. 		 
4D  
  122475 Ordinance     Barbara J. Jordan        
  ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PROVIDE THAT NO MORE THAN THREE COUNTY QUESTIONS, INCLUDING STRAW BALLOT QUESTIONS AND COMMISSIONER-SPONSORED PROPOSED AMENDMENTS TO THE HOME RULE CHARTER, SHALL APPEAR ON ANY GENERAL ELECTION BALLOT THAT INCLUDES A PRESIDENTIAL ELECTION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: February 14, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Economic Development and Port of Miami Committee on Thursday, February14, 2013 at 2:00 PM. 		 
4E  
  130062 Ordinance     Rebeca Sosa        
  ORDINANCE REGARDING RULES OF PROCEDURE OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING SECTION 2-1 OF THE CODE; AMENDING COUNTY ORDINANCE NO. 12-92; DEFINING CONSENT AGENDA ITEMS; RE-ESTABLISHING A CONSENT AGENDA SECTION OF THE COUNTY COMMISSION AGENDA; ESTABLISHING AN EXCEPTION TO COMMITTEE REVIEW FOR CERTAIN CONSENT AGENDA ITEMS; CREATING SECTION 16 OF THE BOARD AGENDA PERTAINING TO ITEMS TO BE HEARD AT THURSDAY COUNTY COMMISSION MEETINGS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: February 14, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Economic Development and Port of Miami Committee on Thursday, February14, 2013 at 2:00 PM. 		 
4F  
  130061 Ordinance     County Commission        
  ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF NORTH MIAMI, FLORIDA, AND AMENDING THE CHARTER OF SUCH MUNICIPALITY BY PROVIDING FOR THE ANNEXATION OF CERTAIN LANDS, UNDER AND PURSUANT TO PROCEEDINGS PRESCRIBED BY SECTION 6.04(B) OF THE HOME RULE CHARTER; PROVIDING FOR RESERVATION TO THE COUNTY OF ELECTRIC FRANCHISE AND UTILITY TAX REVENUES; PROVIDING RETENTION OF GARBAGE AND REFUSE COLLECTION AND DISPOSAL; PROVIDING INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 8G1] Adopted on first reading
Public Hearing: March 14, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Land Use and Development Committee on Thursday March14, 2013 at 9:30 AM. 		 
  1/8/2013 Requires Municipal Notification by the Board of County Commissioners  
4G  
  130015 Ordinance      
  ORDINANCE APPROVING AND ADOPTING FY 2011-12 END-OF-YEAR SUPPLEMENTAL BUDGET ADJUSTMENTS FOR VARIOUS COUNTY DEPARTMENTS AND FUNDS; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER BOARD ACTIONS WHICH SET CHARGES AND PROVIDING FOR THEIR AMENDMENT; APPROPRIATING GRANT, DONATION AND CONTRIBUTION FUNDS; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE(Office of Management and Budget) Adopted on first reading
Public Hearing: March 5, 2013
Ordinance
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Board of County Commissioners on Tuesday, March 5, 2013 at 9:30 AM. 		 
4H  
  122488 Ordinance    
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS HAMPTON APARTMENTS MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: February 20, 2013
Ordinance 13-20
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Board of County Commissioners on Wednesday, February 20, 2013 at 9:30 AM. 		 
4I  
  130075 Ordinance    
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS TARAMAJO SUBDIVISION STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: February 20, 2013
Ordinance 13-18
Mover: Sally A. Heyman
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Moss
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

The foregoing proposed ordinance was adopted on first reading and set for a public hearing before the Board of County Commissioners on Wednesday, February 20, 2013 at 9:30 AM. 		 
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  122414 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz
Lynda Bell
Esteban L. Bovo, Jr.
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss
Rebeca Sosa
Sen. Javier D. Souto
Juan C. Zapata 		       
  ORDINANCE RELATING TO AD VALOREM TAXATION; CREATING SECTION 29-9 OF THE CODE OF MIAMI-DADE� COUNTY, FLORIDA; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN LOW-INCOME QUALIFYING SENIOR CITIZENS WHO ARE LONG-TERM RESIDENTS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE COUNTY; REQUIRING DELIVERY OF ORDINANCE TO PROPERTY APPRAISER; WAIVING THE REQUIREMENT FOR ANNUAL APPLICATION AND INCOME STATEMENT UPON REQUEST BY THE PROPERTY APPRAISER; PROVIDING SEVERABILITY, INCLUSION IN THE CODE; AN EFFECTIVE DATE AND REQUIRING A MAJORITY PLUS ONE VOTE OF THE MEMBERS OF THE GOVERNING BODY Adopted
Ordinance 13-01
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Suarez
  REPORT: During consideration of changes to the agenda, it was noted that Item 5A had been reprinted to correct a scrivener�s error on the cover page for it to read: The accompanying ordinance was placed on the agenda at the request of the Prime Sponsor, Commissioner Jose �Pepe� Diaz and Co-Sponsors Vice Chair Lynda Bell, Commissioner Esteban L. Bovo, Jr., Chairwoman Rebeca Sosa and Commissioner Juan C. Zapata.

The foregoing proposed ordinance was read into the record by First Assistant County Attorney Abigail Price-Williams.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance, and the following person(s) appeared:

1) Ms. Renita Holmes, community activist, 5800 NW 7th Ave, appeared in support. She said that any assistance provided to the elderly and senior citizens would be good. She asked the Board to consider ways to make the process easier.

Chairwoman Sosa closed the public hearing, after no one else appeared to speak.

Commissioner Diaz noted this legislation was important because it would provide some relief to the senior citizens of Miami-Dade County, and it was strongly supported by the county constituents.
Commissioners Souto, Moss, Heyman and Edmonson asked to be added as a co-sponsor of this ordinance.

Hearing no further comments or questions, the Board proceeded to vote on this ordinance as presented.

Following the vote, Chairwoman Sosa advised that she received a memorandum from the Property Appraiser requesting that the Board of County Commissioners waive certain requirements pertaining to the application and income statements. She asked if it was necessary for the Board to act on this matter now or bring forth a resolution to address it.

Assistant County Attorney Jess McCarty noted it was envisioned in the foregoing ordinance that notice would be provided by the Property Appraiser; therefore, no further action of the Board was required. 		 
  12/18/2012 Adopted on First Reading. Public Hearing Rescheduled to 1/23/12 by the Board of County Commissioners  
5B  
  122318 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  ORDINANCE CONFORMING THE CODE TO CHARTER AMENDMENT PROVIDING THAT WHERE THE MAYOR INFORMS THE CHAIRPERSON OF THE BOARD THAT HE OR SHE HAS A CONFLICT OF INTEREST IN A PROCUREMENT, THE CHAIRPERSON AND NOT THE MAYOR SHALL HAVE THE AUTHORITY PROVIDED BY CHARTER OR THE BOARD TO SOLICIT, EVALUATE, AWARD OR RECOMMEND AWARD OF CONTRACTS; PROVIDING MECHANISM FOR IMPLEMENTATION OF THE AMENDMENT; AMENDING SECTION 2-8.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 13-02
Mover: Audrey M. Edmonson
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Heyman
  REPORT: The foregoing proposed ordinance was read into the record by First Assistant County Attorney Abigail Price-Williams.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak.

Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented. 		 
  11/20/2012 Adopted on first reading by the Board of County Commissioners  
  11/20/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
  12/18/2012 Public Hearing Rescheduled by the Board of County Commissioners  
5C  
  130043 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION CODESIGNATING NW 175 STREET FROM NW 27 AVENUE TO NW 12 AVENUE AS �REVEREND DR.�G. DAVID HORTON BOULEVARD� Adopted
Resolution R-01-13
Mover: Barbara J. Jordan
Seconder: Jean Monestime
Vote: 10 - 0
Absent: Heyman , Barreiro , Suarez
  REPORT: The foregoing proposed resolution was read into the record by First Assistant County Attorney Abigail Price-Williams.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and the following individuals appeared:

1) Ms. Joyce Jones, 670 NW 199 Street, spoke in support of this resolution.
2) Ms. Eloise Jackson, 20881 NW 27 Court, spoke in support of this resolution.

Chairwoman Sosa closed the public hearing after no one else appeared to speak.

Commissioner Jordan noted she was very proud to sponsor this item, which honored the Reverend G. David Horton, and said he was a longtime, outstanding leader in the Miami Gardens community, and in Commission District 1.

Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5D  
  122328 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION GRANTING PETITION TO CLOSE NW 150 STREET, FROM NW 117 AVENUE EAST FOR APPROXIMATELY 1,298 FEET (ROAD CLOSING PETITION NO. P-898)(Public Works & Waste Management) Adopted
Resolution R-02-13
Mover: Jose "Pepe" Diaz
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Heyman , Barreiro , Suarez
  REPORT: The foregoing proposed resolution was read into the record by First Assistant County Attorney Abigail Price-Williams.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak, and Board members proceeded to vote on this resolution as presented. 		 
  12/12/2012 Forwarded to BCC with a favorable recommendation as corrected by the Infrastructure and Land Use Committee  
5E  
  122296 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS JULMAR SUBDIVISION STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE Adopted
Ordinance 13-03
Mover: Juan C. Zapata
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Heyman
  REPORT: The foregoing proposed ordinance was read into the record by First Assistant County Attorney Abigail Price-Williams.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak.

Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented. 		 
  12/4/2012 Adopted on first reading by the Board of County Commissioners  
  12/4/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5E1  
  122298 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS JULMAR SUBDIVISION STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-03-13
Mover: Juan C. Zapata
Seconder: Jose "Pepe" Diaz
Vote: 12 - 0
Absent: Heyman
  REPORT: The foregoing proposed resolution was read into the record by First Assistant County Attorney Abigail Price-Williams.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5F  
  122302 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS TOPP SUBDIVISION STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 13-04
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: The foregoing proposed ordinance was read into the record by Assistant County Attorney Jess McCarty.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance. She closed the public hearing after no one appeared wishing to speak.

Hearing no comments or questions, the Board proceeded to vote on this ordinance as presented. 		 
  12/4/2012 Adopted on first reading by the Board of County Commissioners  
  12/4/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5F1  
  122303 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS TOPP SUBDIVISION STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-04-13
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: The foregoing proposed resolution was read into the record by Assistant County Attorney Jess McCarty.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5G  
  121948 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RELATING TO A CLASS I PERMIT APPLICATION BY LA BRISA, LLC TO EXCAVATE WETLANDS FOR THE CONSTRUCTION OF A RESIDENTIAL BOAT NOTCH AND TO AUTHORIZE THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY AT 3551 MAIN HIGHWAY IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA(Regulatory and Economic Resources) Adopted
Resolution R-05-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 11 - 1
No: Suarez
Absent: Heyman
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this ordinance, and the following person(s) appeared:

1) Mr. Joe Harrison, member of Camp Biscayne Waterway Homeowners Association, 3110 Monroe Drive, Coconut Grove, expressed concern regarding the proposed boat notch; the requirement in the plan for removal of an existing mangrove buffer to build it; and that the scale of the proposed boat notch was not in compliance with the original easement and covenant.

Mr. Lee Hefty, Assistant Director, Regulatory and Environmental Resource Department, noted staff evaluated the proposed project and recommended it be approved. He also noted all of the excavation to create a boat notch would occur on the owner�s real property, and only a small amount of the mangrove wetlands would be removed and relocated elsewhere on site, plus the applicant would purchase additional credits from a Florida Power and Light (FPL) mitigation bank.

Commissioner Suarez asked Mr. Hefty to define the term �boat notch.�

Mr. Hefty noted a boat notch is a water basin created within a property where a boat vessel might be moored, and in this case, the owner would excavate part of his property to create a basin and build a seawall around it, so that he could secure his boat within his property, rather than moor it on the canal.

In response to Commissioner Suarez� inquiry regarding the proposed basin and seawall, Mr. Hefty affirmed that the proposed small basin and appropriate seawall would be built on the owner�s property.

Commissioner Suarez asked if this proposal would have an impact on the public, the wetlands and shoreline.

Mr. Hefty noted a significant amount of protected wetlands existed on the east side of the subject property. He explained that the owner would excavate a portion of his upland property to reduce the elevation for the proposed boat notch and would transplant the wetlands removed from there to another area on the property, plus purchase credits from a mitigation bank.

Commissioner Suarez asked if this plan would result in loss or an increase of mangroves on this property.

Mr. Hefty noted the mitigation was based on the value of the wetland habitat; therefore, the owner of the property would create wetlands on site, and pay into a mitigation bank to improve mangroves at another site within the County.

Chairwoman Sosa commended the RER Department for its input on this application, which included the applicant developing a comprehensive plan to protect the manatees.

Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented. 		 
  11/8/2012 Deferred by the Board of County Commissioners  
  12/4/2012 Deferred by the Board of County Commissioners  
5H  
  122506 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF TARAMAJO SUBDIVISION, LOCATED IN THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 54 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH APPROXIMATELY 300 FEET SOUTH OF SW 58 ST., ON THE EAST APPROXIMATELY 170 FEET WEST OF SW 97 COURT, ON THE SOUTH BY SW 60 STREET, AND ON THE WEST APPROXIMATELY 300 FEET EAST OF 99 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-06-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5I  
  122508 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF LORENZO, LOCATED IN THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 54 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY SW 60 STREET, ON THE EAST BY SW 102 AVENUE, ON THE SOUTH APPROXIMATELY 300 FEET NORTH OF SW 62 STREET, AND ON THE WEST APPROXIMATELY 930 FEET EAST OF SW 104 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-07-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5J  
  122510 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF ALEXANDRA SUBDIVISION, LOCATED IN THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 160 FEET SOUTH OF SW 16 STREET, ON THE EAST BY SW 145 AVENUE, ON THE SOUTH BY SW 17 STREET, AND ON THE WEST BY SW 147 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-08-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5K  
  122511 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF FONTAINEBLEAU WEST-NORTH REPLAT ONE, LOCATED IN GOVERNMENT LOT 5 BETWEEN SECTION 32, TOWNSHIP 53 SOUTH, RANGE 40 EAST AND SECTION 5, TOWNSHIP 54 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY STATE ROAD 836, ON THE EAST APPROXIMATELY 100 FEET WEST OF NW 97 COURT, ON THE SOUTH BY NW 10 STREET, AND ON THE WEST APPROXIMATELY 150 FEET EAST OF NW 99 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-09-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5L  
  122507 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF YAMIR HERNANDEZ AND OLGA TORRES, D-23270, LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 300 FEET SOUTH OF SW 45 STREET, ON THE EAST APPROXIMATELY 1719 FEET WEST OF SW 118 AVENUE, ON THE SOUTH BY SW 46 STREET, AND ON THE WEST APPROXIMATELY 310 FEET EAST OF SW 122 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-10-13
Mover: Lynda Bell
Seconder: Audrey M. Edmonson
Vote: 12 - 0
Absent: Heyman
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5M  
  130077 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Lynda Bell 		       
  RESOLUTION AMENDING RESOLUTION NO. R-663-12 TO REVISE THE CODESIGNATION OF SW 152 STREET AS �REVEREND JOHN A. FERGUSON STREET� FROM BEING BETWEEN SW 117 AVENUE AND SW 137 AVENUE TO BEING BETWEEN STATE ROAD 821/HOMESTEAD EXTENSION OF THE FLORIDA TURNPIKE AND SW 137 AVENUE; AND TO REVISE THE REQUEST TO THE FLORIDA LEGISLATURE TO CODESIGNATE SW 152 STREET AS ''REVEREND JOHN A. FERGUSON STREET'' FROM BEING BETWEEN SW 99 COURT AND SW 117 AVENUE TO BEING BETWEEN SW 99 COURT AND STATE ROAD 821/HOMESTEAD EXTENSION OF THE FLORIDA TURNPIKE Adopted
Resolution R-11-13
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 12 - 0
Absent: Heyman
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Vice Chair Bell requested to be listed as a co-sponsor of this item.

Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented. 		 
5N  
  130079 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE FILING OF TWO GRANT APPLICATIONS FOR FISCAL YEAR 2012 URBAN FORMULA SECTION 5307 FORMULA AND FIXED GUIDEWAY MODERNIZATION SECTION 5309 FUNDS UP TO $70,000,000 WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) UNDER THE SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION ACT-A LEGACY FOR USERS (SAFETEA-LU); AUTHORIZING THE EXECUTION OF GRANT AGREEMENTS PURSUANT TO SUCH APPLICATIONS; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS PURSUANT TO SUCH APPLICATIONS AND AGREEMENTS; AND AUTHORIZING THE RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE(Miami-Dade Transit) Adopted
Resolution R-12-13
Mover: Dennis C. Moss
Seconder: Lynda Bell
Vote: 12 - 0
Absent: Heyman
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record.

Chairwoman Sosa opened the public hearing for persons wishing to be heard in connection with this resolution, and closed the public hearing after no one appeared to speak.

Hearing no comments or questions, the Board proceeded to vote on this resolution as presented. 		 
  1/14/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Regional Transportation Committee  
6A CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
7 ORDINANCES SET FOR SECOND READING  
7A  
  130083 Ordinance     Jose "Pepe" Diaz
Esteban L. Bovo, Jr.
Rebeca Sosa 		       
  ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121737] Amended
  REPORT: (See Agenda Item 7A Amended; Legislative File No. 130391 for the amended version.)  
  12/12/2012 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Infrastructure and Land Use Committee  
7A AMENDED  
  130391 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz
Esteban L. Bovo, Jr.
Rebeca Sosa 		       
  ORDINANCE CREATING REPORTING REQUIREMENT FOR COUNTY AND MUNICIPAL CANDIDATES REGARDING PAID AND VOLUNTEER CAMPAIGN WORKERS PARTICIPATING IN ABSENTEE BALLOT RELATED CAMPAIGN ACTIVITIES; PROVIDING PENALTIES FOR FAILURE TO REPORT AND FOR OTHER VIOLATIONS OF ABSENTEE BALLOT LAWS; PROVIDING FOR ENFORCEMENT BY THE COMMISSION ON ETHICS AND PUBLIC TRUST; CREATING SECTION 12-14.1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 130083] Adopted as amended
Ordinance 13-05
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 9 - 3
No: Jordan , Monestime , Edmonson
Absent: Heyman
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

It was moved by Commissioner Diaz that he foregoing proposed ordinance be adopted as presented. This motion was seconded by Chairwoman Sosa, followed by a discussion.

BCC Vice Chair Bell expressed concern that this legislation could have unintended consequences. She questioned the intent of this ordinance and its impact on a candidate if a campaign volunteer committed a wrongful act unbeknown to the candidate. She provided examples such as a candidate fined or penalized for his/her campaign signs dragged into the right-of-way by an opponent�s worker, which happened to her in one of her campaigns.

Commissioner Diaz concurred with Commissioner Bell�s comments and asked staff to read into the record, the amendments into the record that were proffered at the Infrastructure and Land Use Committee meeting and would address these concerns.

Assistant County Attorney Oren Rosenthal read into the record, the following amendment proffered at Committee:

-delete the words �or volunteer� in line 8, subsection 1, of page 4; and
-add a semi-colon after the words �absentee ballots� in line 11, followed by the language �and to any volunteers who have been directed by the campaign, or any consultants or agents of the campaign to perform an absentee ballot related campaign activities� and;
-clarify that the only people needing to be reported are those volunteers who were directed by the campaign to do absentee ballot activities, and not those who are unbeknownst to the campaign.

Commissioner Diaz noted every elected official has experienced similar situations and had to pay fines from their personal finances, not campaign funds, for their campaign signs dragged into the roadway by an opponent. However, the proffered amendments and the clarification provided should prevent a candidate from being penalized for the wrong doings of any volunteer unbeknownst to the candidate.

Vice Chair Bell noted her other concern was the reporting requirements, which would create another layer of reporting, and have a negative impact on the volunteers. She said she understood the intent of this resolution, but could not support it because of the unforeseen issues and the impact on the candidate and the volunteers.

Commissioner Zapata noted he was concerned that this legislation might provide a tool for people to abuse the process. He asked what would protect the candidates from frivolous complaints made against them.

Commissioner Edmonson noted she had the same concerns and has too experienced similar situations involving malicious activities of someone outside her campaign, which was made to look like it came from within her campaign. She said although she understood the intent, she could not support this resolution, based on these concerns.

Commissioner Monestime said he understood that the amendment was to apply only to the campaign consultants and paid workers, but not the volunteers. He noted even though the candidate may not have full control of a volunteer�s actions, he did not want to penalize a good volunteer who had good intentions, and was contributing to the community. He said he would support the resolution as amended, as long as the amendment did not apply to volunteers.

Commissioner Diaz noted he understood his colleagues concerns; however, explained the intent of this legislation was to create more transparency in the absentee ballot process. He questioned the difference between a paid worker and a volunteer directed by the campaign. He said he had no problems with creating an additional level of reporting because the candidate was responsible for his or her own campaign, and noted he believed the mal actions of someone could not be prevented entirely. Commissioner Diaz asked the Assistant County Attorney to draft language that addressed the concerns of his colleagues regarding volunteers.

Chairwoman Sosa noted she understood that the word �volunteers� would be removed from the language of this resolution. She also noted that although candidates may not have full control of their volunteers, they had control over their paid workers, and needed to be careful not to create additional problems. She suggested the Board either approve to send this resolution back to committee for further review, or to remove the word �volunteers� from the language in this resolution. She asked if the sponsor would accept either option.

Responding to Commissioner Diaz inquiry regarding whether removal of the word �volunteers� meant only the paid workers would be impacted by this resolution, Assistant County Attorney Rosenthal noted that was correct, and clarified that the prohibitions would be against any paid worker that the campaign paid for such purposes.

Commissioner Diaz accepted Chairwoman Sosa�s proposed amendment to delete the word �volunteers� from this resolution.

Assistant County Attorney Rosenthal clarified, for the record, the amendment was to delete the words �or volunteer� from line 8, subsection 1, on page 4, and not to include the additional language he previously noted.

Commissioner Bovo noted this was a work in progress, and more could be done to create better transparency. He suggested the Board consider in a future dialogue whether to offer volunteers a one-hour seminar or course on the rules of campaigning.

Vice Chair Bell noted it seemed typical of governments to create new laws for the lawbreakers to break, instead of enforcing the ones already on the books.

Commissioner Diaz concurred with Vice Chair Bell�s comments; however, noted a registry of paid workers would be helpful in assisting law enforcement with prosecuting campaign workers that violated the law. He said he liked Commissioner Bovo�s suggestion to offer volunteers a course on the rules of campaigning and said he would work with him on drafting legislation for it and to bring it forward for a committee review.

BCC Vice Chair Bell pointed out that the paid campaign workers were already reported in the candidates� campaign finance reports, and asked if the paid workers directed to do absentee ballot activities could be reported in the campaign finance reports as well, in order to not create another layer of reporting.

Chairwoman Sosa asked that Board members focus on the resolution before them, and welcomed them to bring back any legislation that would address their concerns.

In response to Commissioner Monestime�s question regarding whether the hired campaign workers would be responsible for providing the additional report required in this resolution, Assistant County Attorney Rosenthal noted it would be provided by the campaign, and not by the individual paid worker.

Hearing no further discussion, the Board adopted the foregoing proposed ordinance as amended to delete the words �or volunteer� from line 8 in Section 12-14.1, subsection (1) on handwritten page 4. 		 
7B  
  121895 Ordinance     Jose "Pepe" Diaz        
  ORDINANCE RELATING TO PLANNING AND ZONING; REQUIRING THE BOARD OF COUNTY COMMISSIONERS TO RETAIN JURISDICTION TO MODIFY OR DELETE COVENANTS OR DECLARATIONS OF RESTRICTIONS ACCEPTED IN CONNECTION WITH COMPREHENSIVE DEVELOPMENT MASTER PLAN AMENDMENT APPLICATIONS OR ZONING APPLICATIONS, WHEN THE AREA THAT IS THE SUBJECT OF THE COVENANT OR DECLARATION OF RESTRICTION HAS BEEN ANNEXED OR INCORPORATED; AMENDING SECTION 20-26 AND CREATING SECTION 20-8.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Amended
  REPORT: (See Agenda Item 7B Amended; Legislative File No. 130212 for the amended version.)  
  9/20/2012 Requires Municipal Notification by the Board of County Commissioners  
  10/2/2012 Adopted on first reading by the Board of County Commissioners  
  10/2/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  10/10/2012 Municipalities notified of public hearing by the Board of County Commissioners  
  11/15/2012 Deferred to next committee meeting by the Infrastructure and Land Use Committee  
  11/15/2012 Public hearing held and item deferred by the Infrastructure and Land Use Committee  
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
7B AMENDED  
  130212 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  ORDINANCE RELATING TO PLANNING AND ZONING; REQUIRING THE BOARD OF COUNTY COMMISSIONERS TO RETAIN JURISDICTION TO MODIFY OR DELETE COVENANTS OR DECLARATIONS OF RESTRICTIONS ACCEPTED IN CONNECTION WITH COMPREHENSIVE DEVELOPMENT MASTER PLAN AMENDMENT APPLICATIONS OR ZONING APPLICATIONS, WHEN THE AREA THAT IS THE SUBJECT OF THE COVENANT OR DECLARATION OF RESTRICTION HAS BEEN ANNEXED OR INCORPORATED; AMENDING SECTION 20-26 AND CREATING SECTION 20-8.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121895] Adopted as amended
Ordinance 13-06
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Heyman , Zapata , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record, and advised that it needed to be amended.

Assistant County Attorney Dennis Kerbel read the proffered amendments into the record as follows:

-to insert the following language �it is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion� at the end of the paragraph in Sec. 20-8.8, under Section 1 on handwritten page 4, and at the end of paragraph (h) on handwritten page 7.

Hearing no further comments or questions, the Board adopted the foregoing proposed ordinance as amended, as noted by Assistant County Attorney Dennis Kerbel. 		 
7C  
  121838 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Lynda Bell
Jose "Pepe" Diaz
Jean Monestime
Dennis C. Moss
Rebeca Sosa
Sen. Javier D. Souto 		       
  ORDINANCE RELATING TO MERCHANDISING OF FLAVORED TOBACCO PRODUCTS; AMENDING SECTIONS 8A-8 THROUGH 8A-8.4 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING PLACEMENT OF FLAVORED TOBACCO PRODUCTS, INCLUDING BUT NOT LIMITED TO FLAVORED TOBACCO PRODUCTS THAT RESEMBLE CANDY, IN SELF-SERVICE OPEN DISPLAYS ACCESSIBLE TO MINORS; PROVIDING FOR INTENT, DEFINITIONS, AND ENFORCEMENT; AMENDING CHAPTER 8CC OF THE CODE TO PROVIDE PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 13-07
Mover: Barbara J. Jordan
Seconder: Jose "Pepe" Diaz
Vote: 10 - 0
Absent: Edmonson , Heyman , Bovo, Jr.
  REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.

Commissioner Jordan noted she was pleased to sponsor this item. She said that a team of students, led by Rachel Theodore from the Health Department, pushed for this legislation because they were concerned that young children would be encouraged to smoke if candy-flavored tobacco products were readily available to them. She also noted the team initially wanted the product banned, but after working with the County�s lobbyists, and being further educated of the matter, they reached a compromise to require the merchandise be kept behind a counter, rather than on a shelf.

Chairwoman Sosa clarified for the record that the intent of this resolution was to prevent minors from purchasing this merchandise, not adults.

Chairwoman Sosa and Commissioners Bell, Monestime, Diaz, Moss and Souto asked to be added as a co-sponsor of this item.

Hearing no further comments or questions, the Board proceeded to vote on this ordinance as presented 		 
  9/14/2012 Requires Municipal Notification by the Board of County Commissioners  
  10/23/2012 Adopted on first reading by the Board of County Commissioners  
  10/23/2012 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  10/26/2012 Municipalities notified of public hearing by the Board of County Commissioners  
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
7D  
  122466 Ordinance     Sen. Javier D. Souto        
  ORDINANCE AMENDING SECTION 20-5 AND 20-22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA PERTAINING TO BOUNDARY CHANGES AND INCORPORATIONS; REQUIRING CERTAIN REVIEWS OF PROPOSED BOUNDARY CHANGES AND INCORPORATIONS AND NOTIFICATIONS TO APPROPRIATE AUTHORITIES; PROVIDING FOR IMMEDIATE TEMPORARY SUSPENSION OF PROPOSED BOUNDARY CHANGES OR INCORPORATIONS UPON CONCLUSION THAT THERE ARE CERTAIN DEFICIENCIES; GIVING THE COUNTY COMMISSION DISCRETION AS TO WHETHER TO REFER BOUNDARY CHANGE APPLICATIONS OR PETITIONS TO THE PLANNING ADVISORY BOARD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 122024) Deferred to February 20, 2013
Ordinance
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: During changes to today's (1/23) agenda, the foregoing proposed ordinance was deferred to the February 20, 2013 Board of County Commissioners meeting as requested by the Prime Sponsor.  
  12/12/2012 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Infrastructure and Land Use Committee  
8 DEPARTMENTAL ITEMS  
8A and 8B (No items were submitted for these sections.)  
8C CULTURAL AFFAIRS DEPARTMENT  
8C1  
  122264 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE FUNDING OF TWENTY EIGHT (28) GRANTS FOR A TOTAL OF $126,000 FROM THE DEPARTMENT OF CULTURAL AFFAIRS FY 2012-2013 COMMUNITY GRANTS � SECOND QUARTER WITH: ARTSPRING, INC.; BEAUX ARTS OF THE LOWE ART MUSEUM OF THE UNIVERSITY OF MIAMI, INC.; BIG BLUE & YOU, INC.; BLACKBIRD ARTS AND RESEARCH INC.; BRAZILIAN VOICES INC.; CAMPOSITION, INC. A/F/A FOR BISTOURY, INC.; CENTER FOR ADVANCEMENT OF JEWISH EDUCATION, INC.; COMMUNITIES IN SCHOOLS OF MIAMI, INC.; DR. MARTIN LUTHER KING, JR., PARADE AND FESTIVITIES COMMITTEE, INC.; DUMOND CONSERVANCY FOR PRIMATES AND TROPICAL FORESTS INC.; HAITIAN AMERICAN YOUTH ORGANIZATION, INC.; HAITIAN CULTURAL ARTS ALLIANCE, INC. A/F/A FOR ART IN THE SKY; HEROES UNITE, INC.; LIVING ARTS TRUST, INC. D/B/A O CINEMA; MCCAULEY FUND TO CURE PARALYSIS, INC.; MIAMI ACTING COMPANY; MIAMI DESIGN PRESERVATION LEAGUE, INC.; MIAMI WIND SYMPHONY, INC.; MONTGOMERY BOTANICAL CENTER, INC.; ROTARY FOUNDATION OF SOUTH MIAMI, INC.; SHAKESPEARE IN THE PARK MIAMI, INC.; SOBE JAZZ FESTIVAL, INC.; ST. PATRICKS DAY COMMITTEE, INC.; THE MIAMI FOUNDATION, INC. A/F/A FOR THE PETER LONDON GLOBAL DANCE COMPANY; THE SUNFLOWER SOCIETY, INC.; TRADISYON LAKOU LAKAY, INC.; UNITED JEWISH GENERATIONS, INC.; WOMENS INTERNATIONAL FILM & ARTS FESTIVAL, INC. WAIVING RESOLUTION R-130-06, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GRANT AGREEMENTS AND TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN(Department of Cultural Affairs) Adopted
Resolution R-13-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: During consideration of changes to today�s (1/23) agenda, the Board adopted the foregoing proposed resolution with an instruction to staff to include in the list of grants, the Commission District for each of the grantees/organization awarded Tourist Development Council (TDC) Grant Program funding.  
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Recreation & Cultural Affairs Committee  
8C2  
  130080 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE FUNDING OF THIRTY-TWO (32) GRANTS FOR A TOTAL OF $411,500 FROM THE FY 2012-2013 FIRST QUARTER TOURIST DEVELOPMENT ROOM TAX PLAN AND SURTAX CATEGORY TO PROMOTE MIAMI-DADE COUNTY TOURISM WITH: ACTORS' PLAYHOUSE PRODUCTIONS, INC.; BAYFRONT PARK MANAGEMENT TRUST; CITY OF SUNNY ISLES BEACH; CLASSICAL SOUTH FLORIDA, INC.; COMMUNITY AIDS RESOURCE, INC. DBA CARE RESOURCE; EXPONICA INTERNATIONAL, INC.; FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, FOR THE BENEFIT OF WOMEN BASKETBALL; GABLESTAGE, INC.; GREATER SOUTH DADE/SOUTH MIAMI/KENDALL CHAMBER OF COMMERCE DBA CHAMBER SOUTH; ITALIAN FILM FESTIVAL, INC.; JEWISH MUSEUM OF FLORIDA, INC.; M. ATHALIE RANGE CULTURAL ARTS FOUNDATION, INC.; MDGLCC FOUNDATION, INC.; MELA, INC.; MIAMI BEACH CHAMBER OF COMMERCE; MIAMI BEACH LATIN CHAMBER OF COMMERCE, INC.; MIAMI BOOK FAIR INTERNATIONAL, INC.; MIAMI NICE JAZZ FESTIVAL, INC.; MIAMI SHORT FILM FESTIVAL, INC.; MIAMI-DADE COUNTY DAYS, INC.; MUSEUM OF CONTEMPORARY ART, INC., OCEAN PROMOTIONS & EVENTS, LLC; OLYMPIA CENTER, INC.; PARKS FOUNDATION OF MIAMI-DADE, INC.; SERAPHIC FIRE, INC.; TEATRO EN MIAMI CORP.; THE DANCE NOW! ENSEMBLE, INC.; THE DAVE AND MARY ALPER JEWISH COMMUNITY CENTER, INC.; THE MUSICAL ARTS ASSOCIATION OF MIAMI, INC.; TIGERTAIL PRODUCTIONS, INC.; TROPICAL EVERGLADES VISITOR ASSOCIATION, INC.; UNIVERSITY OF MIAMI, FROST SCHOOL OF MUSIC WAIVING RESOLUTION R-130-06, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GRANT AGREEMENTS AND TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 122278](Department of Cultural Affairs) Adopted
Resolution R-14-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: During consideration of changes to today�s (1/23) agenda, the Board adopted the foregoing proposed resolution with an instruction to staff to include in the list of grants, the Commission District for each of the grantees/organization awarded Tourist Development Council (TDC) Grant Program funding.  
  12/10/2012 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Recreation & Cultural Affairs Committee  
8D and 8E (No items were submitted for these sections.)  
8F INTERNAL SERVICES DEPARTMENT  
8F1  
  122444 Resolution     Audrey M. Edmonson        
  RESOLUTION DECLARING SURPLUS COUNTY-OWNED REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NW 54 STREET AND NW 27 AVENUE, UNINCORPORATED MIAMI-DADE COUNTY, ACQUIRED WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AUTHORIZING THE PUBLIC SALE OF SAME TO THE HIGHEST BIDDER; AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE SALE OF SAID PROPERTY; AND AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED FOR SUCH PURPOSE [SEE ORIGINAL ITEM UNDER FILE NO. 122155](Internal Services) Deferred to No Date Certain
Resolution
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8F2  
  122404 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION AUTHORIZING THE CONVEYANCE OF TWO EASEMENTS TO THE FLORIDA POWER AND LIGHT COMPANY (FPL), FOR $1.00 EACH, FOR THE EXISTING OVERHEAD UTILITY SERVICE AND FOR THE INGENCO LANDFILL GAS UTILIZATION SYSTEM (LFGUS) ELECTRIC PLANT BEING BUILT AT THE NORTH DADE LANDFILL LOCATED AT 21500 NW 47 AVENUE, MIAMI; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(Internal Services) Adopted
Resolution R-15-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8F3  
  122358 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING CONTRACT MODIFICATIONS AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE OPTIONS-TO-RENEW ESTABLISHED THEREUNDER FOR PURCHASE OF GOODS AND SERVICES, AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS(Internal Services) Adopted
Resolution R-16-13
Mover: Audrey M. Edmonson
Seconder: Esteban L. Bovo, Jr.
Vote: 11 - 0
Absent: Heyman , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8F4  
  122336 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING WAIVER OF FORMAL BID PROCEDURES FOR THE PURCHASE OF GOODS AND SERVICES BY A TWO-THIRDS (2/3S) VOTE OF THE BOARD MEMBERS PRESENT, AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO AWARD SAME, WITH AUTHORITY TO EXERCISE OPTIONS-TO-RENEW ESTABLISHED THEREUNDER(Internal Services) Adopted
Resolution R-17-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 11 - 0
Absent: Heyman , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
8F5  
  122338 Resolution      
  RESOLUTION AUTHORIZING MODIFICATIONS OF COMPETITIVE CONTRACTS FOR PURCHASE OF GOODS AND SERVICES(Internal Services) Amended
  REPORT: County Attorney Cuevas noted this resolution needed to be amended to reflect the new allocation amount.

Mr. Lester Sola, Director, Internal Services Department, noted staff validated that the additional allocation of $256,000 requested by the Miami-Dade Fire and Rescue Department was no longer needed; therefore, the total amount for additional allocations would be reduced to $627,000, and the total amount for modified allocations for all contracts would be reduced to $1,123,000.

Hearing no further comments or questions, it was moved by Commissioner Edmonson that the Board adopt the foregoing proposed resolution as amended to eliminate the additional $256,000 allocation requested by Miami-Dade Fire Rescue; reduce the total amount from $883,000 to $627,000 under the column entitled �Additional Allocations Requested�, and reduce the total amount from $1,379,000 to $1,123,000 under the column entitled �Modified Allocations� on handwritten page 8. This motion was seconded by Commissioner Bell, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Heyman and Diaz were absent).

The amended version was assigned Resolution No. R-18-13. 		 
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
8F6  
  122391 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PRE-QUALIFICATION POOL FOR CONTRACT NO. 9623-1/22, REFUSE CARTS, CURBSIDE RECYCLING AND CARTS, AND RECYCLING BINS, IN AN AMOUNT UP TO $3,454,000 FOR THE INITIAL FIVE YEAR TERM, OR $6,908,000 IF THE FIVE-YEAR RENEWAL OPTION IS EXERCISED, AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONDUCT SPOT BIDS AND AWARD SUBSEQUENT CONTRACTS, ADD VENDORS TO THE POOL AT ANY TIME, SUBJECT TO BI-ANNUAL RATIFICATION BY THE BOARD, AND EXERCISE, AT THEIR DISCRETION, CONTRACT MODIFICATIONS, OPTIONS TO RENEW, CANCELLATION PROVISIONS, AND ALL OTHER RIGHTS CONTAINED THEREIN(Internal Services) Adopted
Resolution R-19-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
8F7  
  130072 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AND RATIFYING EXECUTION OF ARTICLE 10.4 LEAVE OF THE 2011-2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE METRO DADE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1403(Internal Services) Adopted
Resolution R-20-13
Mover: Sally A. Heyman
Seconder: Jean Monestime
Vote: 9 - 1
No: Barreiro
Absent: Jordan , Moss , Diaz
8G MANAGEMENT AND BUDGET DEPARTMENT  
8G1  
  122310 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Internal Mgmt. & Fiscal Responsibility Committee        
  RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2012-13 FOR THE FLORIDA CITY COMMUNITY REDEVELOPMENT AGENCY(Office of Management and Budget) Adopted
Resolution R-21-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
8G2  
  122316 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Internal Mgmt. & Fiscal Responsibility Committee        
  RESOLUTION APPROVING THE BUDGET FOR FISCAL YEAR 2012-13 FOR THE N.W. 7TH AVENUE COMMUNITY REDEVELOPMENT AGENCY(Office of Management and Budget) Adopted
Resolution R-22-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
8H PARKS, RECREATION AND OPEN SPACES DEPARTMENT  
8H1  
  122289 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Lynda Bell        
  RESOLUTION RATIFYING SUBMITTAL OF GRANT APPLICATION TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE GRANT PROGRAM (FRDAP) FOR $200,000 WITH MATCHING COUNTY FUNDS OF $444,400 TO RENOVATE BOAT RAMP FACILITIES AT HOMESTEAD BAYFRONT MARINA AND FURTHER AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO RECEIVE AND EXPEND FUNDS AND TO EXECUTE CONTRACTS, AGREEMENTS, AMENDMENTS, AND OTHER DOCUMENTS AS REQUIRED BY THE GRANT UPON REVIEW AND FINAL APPROVAL BY THE COUNTY ATTORNEY AS TO LEGAL SUFFICIENCY(Parks, Recreation and Open Spaces) Adopted
Resolution R-23-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Recreation & Cultural Affairs Committee  
8H2  
  130052 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION APPROVING POLICY WITH RESPECT TO DISTRIBUTION OF COMPLIMENTARY TICKETS FOR 2013 SONY OPEN TENNIS TOURNAMENT SPONSORSHIP BENEFITS PACKAGE, 2013 MIAMI MARLINS BASEBALL SEASON, AND ANY OTHER EVENTS AND/OR FACILITIES IN 2013 AND FUTURE YEARS; APPROVING LETTER OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND INTERNATIONAL PLAYERS CHAMPIONSHIPS, INC. FOR THE 2013 SONY OPEN TENNIS TOURNAMENT AND AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE ALL RIGHTS CONFERRED THEREIN(Parks, Recreation and Open Spaces) Adopted
Resolution R-24-13
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: During consideration of changes to today�s (1/23) agenda, a scrivener�s error existing in the foregoing resolution was corrected as follows: On handwritten page 7, Section 2 should read:

Section 2. The 2013 Miami Marlins Baseball Season, whereby the tickets allotted to the County will be allocated to each of the County Commissioners and County Mayor via a random drawing lottery and will then be distributed, as directed by the District Commissioner to whom the ticket(s) was allocated, to youth, charitable organizations, and/or any other organization and/or individual fulfilling a public purpose or function. 		 
  1/14/2013 Forwarded to BCC with a favorable recommendation by the Recreation & Cultural Affairs Committee  
8I MIAMI-DADE POLICE DEPARTMENT  
8I1  
  122346 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE AND MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE POLICE DEPARTMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE ACTION TO EXECUTE AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS, TO EXERCISE THE CANCELLATION PROVISIONS AND TERMINATION CLAUSES CONTAINED THEREIN(Miami-Dade Police Department) Adopted
Resolution R-25-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
8I2  
  122387 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE POLICE DEPARTMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE ACTION TO EXECUTE AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS, TO EXERCISE THE CANCELLATION PROVISIONS AND TERMINATION CLAUSES CONTAINED THEREIN(Miami-Dade Police Department) Adopted
Resolution R-26-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
8I3  
  122388 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION APPROVING REIMBURSEMENT FOR REPLACEMENT OF PERSONAL EQUIPMENT TO DETECTIVE RAUL CABRERA, IN AN AMOUNT NOT TO EXCEED $3,213.25, FOR THE LOSS OF PERSONAL TOOLS STORED IN A COUNTY VEHICLE IN ACCORDANCE WITH SECTION 2-11.13 OF THE CODE OF MIAMI-DADE COUNTY AND ADMINISTRATIVE ORDER 7-23; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(Miami-Dade Police Department) Adopted
Resolution R-27-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
8J and 8K (No items were submitted for these sections.)  
8L PUBLIC WORKS & WASTE MANAGEMENT DEPARTMENT  
8L1  
  122378 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Infrastructure and Land Use Committee        
  RESOLUTION ACCEPTING CONVEYANCES OF VARIOUS PROPERTY INTERESTS FOR ROAD PURPOSES TO MIAMI-DADE COUNTY, FLORIDA(Public Works & Waste Management) Adopted
Resolution R-28-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8L2  
  122315 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE THE COUNTY WITH FUNDING UP TO $16,000,000 FOR THE NW SOUTH RIVER DRIVE BRIDGE OVER THE TAMIAMI CANAL FROM NW 19 STREET TO NW 32 AVENUE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN(Public Works & Waste Management) Adopted
Resolution R-29-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8L3  
  122327 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $1,312,884.04 TO H & R PAVING, INC. FOR THE PEOPLE�S TRANSPORTATION PLAN PROJECT ENTITLED ROADWAY RESURFACING CONTRACT (PROJECT MCC 7360 PLAN � CICC 7360-0/08, REQUEST FOR PRICE QUOTATION NO. 20120073) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS(Public Works & Waste Management) Adopted
Resolution R-30-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8L4  
  122534 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE CITY OF MIAMI, THE CITY OF WEST MIAMI, AND THE CITY OF SWEETWATER DEFINING THE OPERATION OF MAIN PUMP STATIONS DISCHARGING INTO THE C-4 CANAL; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE THE PROVISIONS THEREIN(Public Works & Waste Management) Adopted
Resolution R-31-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  1/14/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Regional Transportation Committee  
8L5  
  130069 Resolution      
  RESOLUTION WAIVING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO CONTRACT FOR THE REPAIRS OF THE BEAR CUT BRIDGE AND THE WEST BRIDGE BY TWO-THIRDS VOTE OF THE MEMBERS PRESENT(Public Works & Waste Management) Amended
  REPORT: (See Agenda Item 8L5 Amended; Legislative File No. 130233 for the amended version.)  
  1/14/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Regional Transportation Committee  
8L5 AMENDED  
  130233 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION WAIVING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO CONTRACT FOR THE REPAIRS OF THE BEAR CUT BRIDGE AND THE WEST BRIDGE [PLEASE SEE ORIGINAL VERSION UNDER FILE NO. 130069](Public Works & Waste Management) Adopted as amended
Resolution R-32-13
Mover: Xavier L. Suarez
Seconder: Barbara J. Jordan
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: Hearing no objection, the Board considered Agenda Items 8L5 and 8L6 together.

County Attorney Robert Cuevas advised that Agenda Items 8L5 and 8L6 were related to the repair work of the Rickenbacker Causeway bridges; and that Item 8L5 Supplement, which was handed out today, would amend the original item to increase the total project amount from $25 million to $28 million.

County Mayor Carlos Gimenez requested an additional $3 million to build bicycle lanes on each side of the bridge, which would enhance the pedestrian/bicycle experience and safety, and bring the total cost of the project to $31 million. He said he believed it would be prudent to go ahead and create separate bicycle lanes on the sides of the bridge while it was under repair, and noted the lanes would be walled off by concrete barriers.

Chairwoman Sosa noted, although a public hearing was not required for this item today, she would allow officials/representatives from the Village of Key Biscayne to speak on it. She pointed out that this project was an urgent matter, and would include a solicitation process, even though the language in the resolution required a competitive bid waiver.

Mayor Gimenez affirmed that this project would be awarded through a competitive bid process, and noted the foregoing resolution would only expedite the solicitation process so that construction could begin as soon as possible. He said he was hopeful the project would be completed before the opening of the 2014 Sony Ericsson Tennis Tournament, but he could not guarantee it.

In response to Chairwoman Sosa�s question whether the revenues collected from the tolls, and the proceeds that backed those revenues would be used to fund the project, Mayor Gimenez said that was correct.

Chairwoman Sosa called for the Officials/Representatives of Key Biscayne Village wishing to speak on this item, and the following person(s) appeared:

Mayor Frank Kaplan, Village of Key Biscayne, 370 Palm Wood Lane, noted it was good that the County and Village Officials were working together in a collaborative way, open-mindedly and using good judgment to ensure the safety of the public was a priority in this matter. He noted the bridge repairs required much engineering, financing and managerial expertise, and the Village Officials would be at the table to offer their very best advice. Mayor Kaplan noted the Key Biscayne Village residents really appreciated the County�s involvement and its understanding that the matter was urgent and had an impact on local commerce. He said it was imperative for everyone to understand that Rickenbacker Causeway Bridge was the only roadway into and out of Key Biscayne Village.

Mayor Kaplan noted the immediate plan implemented for facilitating traffic was working as intended, and the signage and police presence were helpful. He said the County could expect to host another great Sony Open Tennis Tournament this March. He requested that the Board approve the foregoing resolution as amended, and that all credible input, the studies and the results of the cost benefits analysis be considered by the project planners. Mr. Kaplan thanked Mayor Gimenez and County Commissioners for recognizing the urgency of this matter.

Commissioner Bovo noted the language in this resolution was confusing. He asked for clarification regarding whether the competitive bid process would be waived or expedited, and whether a formal bid process would be used for this project.

Mayor Gimenez explained that an entire set of procedures would need to be waived in order to expedite the procurement process, and said he would be glad to meet with each Commissioner to explain the process.

Mr. Lester Sola, Director, Internal Services Department (ISD), concurred that some steps and procedures in the formal bid process needed to be waived to expedite the solicitation; however, noted that staff would report back to the Board on exactly what and how it would be done. He explained that normally, the bid advertisement period for a project of this magnitude was 30 to 45 days, and it included a protracted timeframe for a review and the award; however, due to the limited number of qualified firms available to do this type of work, and the urgency of the matter, the advertisement period would be shortened to two weeks and may possibly begin as early as this afternoon. He assured Board members that this project would include a competitive bid process.

Responding to further inquiries of Commissioner Bovo, Mr. Sola noted the foregoing resolution would only expedite the bid process, but in order to take that approach, the County must formally waive certain general bid procedures in the procurement process that are mandated by Florida Statutes and County Code. He said the County was committed to abide by the competitive nature of the procurement process.

Commissioner Bovo suggested that at a later time, the Board review the County Code and regulations to tweak this process, because the language in the resolution was misleading and appeared to be a competitive bid waiver.

Commissioner Bovo asked a series of questions regarding Agenda Item 8L6, whether the funding derived from the toll increase would pay for the bridge repairs; would the increase be permanent or temporary while the work was being done; and are the residents of Key Biscayne Village exempt from paying the toll increase.

In response to Commissioner Bovo�s questions, Mayor Gimenez noted a .25 cent toll increase would be levied against persons visiting the Island to fund this project; however, the residents of Key Biscayne Village would be exempt from paying it. He noted the County would need to issue approximately $25 to $30 million in bonds for this project, and the revenues derived from the toll increase would be the funding mechanism used for paying back those bonds.

Commissioner Bovo questioned why the $30 million projected bond issuance was greater than the costs of the project.

Mayor Gimenez explained the reason for the greater amount was to cover the costs associated with issuing the bonds. He assured Board members that they would be provided detailed information on all costs associated with this project. He noted a $9 million reserve was in the Causeway Fund for this project, but additional monies were needed to complete it. He said he would only ask for the absolute minimum amount needed to complete the project, and staff determined that the additional .25 cent toll increase would be enough to cover the costs. He reiterated that it would not be levied against the residents or non-resident workers of Key Biscayne, but only against the visitors who used the bridge to get to the Key.

Commissioner Diaz asked what led to this emergency, and were all bridges countywide inspected or monitored by staff on a routine basis. He also asked if X-ray technology was used in the inspection of the subject bridge.

Mayor Gimenez noted all county bridges are inspected and maintained by the Florida Department of Transportation (FDOT) and the Public Works Department (PWD) on a regular basis, and the Bear Cut Bridge was reported by PWD to be in good condition a few years ago. However, last fall, staff reported that the bridge needed to be replaced within two to three years, and upon hearing the report, he immediately instructed staff to begin the process. He said that last December, some weight restrictions were enacted to keep heavy vehicles and trucks from using certain lanes in sections of the Bridge, but those restrictions were either ignored or not enforced, and the result was a drastic drop in the capacity rating of the bridge, and the need to shut down part of it, which was why this matter was urgent. Mayor Gimenez referred to the engineers to explain why the bridge had deteriorated so rapidly between the two rating periods.

Mr. Antonio Cotarelo, Assistant Director, Construction, Public Works and Waste Management Department, noted all fixed bridges are inspected by the FDOT every two years, and the Bear Cut Bridge is a fixed bridge, which was inspected by the FDOT in 2006, 2007, 2008, and in 2010, and minor repairs were made to it in 2008. He noted the PWD participated in those inspections and reviewed the deficiencies identified by FDOT, but none were revealed to the current degree. Mr. Cotarelo further noted that the inspectors may have been unable to identify the severity of the corrosion due the coat of grease applied to the steel beams, which is a method used to prevent salt water corrosion.

Commissioner Diaz questioned the urgency of this matter and the need for a procurement waiver, noting it took time for steel to corrode, and it did not happen overnight. He said he was aware that X-ray technology could be used to measure the extent of the corrosion and the strength and weaknesses of each steel beam. He noted his office has received several calls from constituents concerned about the bridge collapsing, yet he has not heard what triggered this emergency.

Mr. Cotarelo noted staff conducted an in-depth evaluation of both the West Bridge and the Bear Cut Bridge, using methods as tapping, clearing, sonar, etc., to determine the level of corrosion, and determined it was greater than originally thought. As a result, staff requested an evaluation of the load capacity rating for each steel beam, which revealed the rating to be too low, and warranted severe weight restrictions be placed on this bridge, especially for heavy vehicles.

In response to Commissioner Diaz question regarding what had been proposed to resolve this problem, Mr. Cotarelo noted the proposed fix was to replace the superstructure (or top portion) of the bridge, which included the steel beams and the deck, but not the sub-structure (pilings beneath the bridge) because staff determined it to be in good condition and only in need of some minor repairs.

Commissioner Diaz noted he was satisfied with Mr. Cotarelo�s explanation that his concerns were addressed his concerns and said he would support the request for partial waiver of the bid process. He asked if other funding sources were designated to support this project.

County Mayor Gimenez noted this project would be funded solely by the County; however, the bridge was the only access to Key Biscayne and needed to be repaired immediately. He pointed out that Key Biscayne is the home of 10,000 residents and of two major parks�Crandon Park, which is owned by the County, and Bill Baggs State Park. He noted several annual public events are hosted in these parks and are visited by millions of people each year. Mayor Gimenez assured Board members that he would not ask for the emergency measures unless they were absolutely needed.

Commissioner Diaz asked if the bridges in the Town of Medley had been evaluated by staff to determine their load capacity rating.

Later in the meeting, Chairwoman Sosa advised that she would assign the Land Use and Development Committee the task of reviewing and discussing with the Administration, the status of all bridges countywide, and to provide the BCC a full report on the life expectancy of the bridges, any deficiencies, the degree of damage and a timeline for repairing them.

Mayor Gimenez advised that he previously requested a comprehensive review of all bridges countywide to determine the status of each one. He noted seven of the 206 existing bridges in Miami-Dade County were vascular bridges. He pointed out that the County was facing serious water and sewer infrastructure issues and would have to pay the total costs to repair it, since State and federal agencies were facing fiscal challenges of their own and could no longer assist in funding this project.

Commissioner Diaz asked the Mayor to ensure the bridges in the Town of Medley were included in the comprehensive study to be conducted on the status of all bridges in Miami-Dade County, and that staff determine the load bearing capacity rating of these bridges.

Commissioner Jordan noted she was glad that this project would include the construction of bicycle lanes; and asked that the bicycle lanes be built separate and apart from the pedestrian lanes.

Mayor Gimenez noted, currently, the pedestrians used a path that was separated from the bicyclists by a concrete barrier, and the bicyclists traveled on the roadway shoulder, but the intent was to create separate lanes for the bicyclists too.

Mr. Lester Sola added that the project would include building separate lanes on both sides of the bridge for both the bicyclists and the pedestrians.

Commissioner Jordan requested clarification regarding whether the grease applied to the steel beams had concealed the severity of the corrosion.

Mr. Cotarelo explained that applying grease to the steel beams was a method used to aid in the prevention of salt water corrosion, but sometimes an inspector has found the corrosion to be more severe than originally determined after chipping away at an area that appeared to have superficial damage.

In response to Commissioner Jordan�s question regarding whether the grease had contributed to the corrosion, Mr. Cotarelo said no, only that it may have been a contributing factor in hindering the determination of the degree of corrosion.

Commissioner Jordan asked what types of methods/equipment were used to detect the extent of the corrosion, and did this inspection process include the use of any X-Ray technology.

Mr. Cotarelo noted that X-Ray technology was not part of the standard process for inspecting these bridges, and the practice included a visual inspection by a trained engineer and/or a bridge inspector, which tap on the beams to identify any corrosion.

Commissioner Jordan noted she was concerned that something may have been overlooked during the inspection process, which caused the corrosion to advance to this degree. She asked if certain methods or techniques are used to aid the inspectors in identifying the degree of corrosion, and could the bridges be inspected more frequently.

Mr. Cotarelo noted the inspections are conducted more frequently when a deficiency is identified that warranted an immediate repair or action, and a decision was made that the Bear Cut Bridge should be inspected on a monthly basis.

Commissioner Jordan noted, earlier, the Mayor expressed that the PWD staff had advised him last fall that the bridge needed to be replaced within the next two to three years, but now they were asking that it be expedited. She said this caused her concern and to question whether the damage was as severe as indicated, and if the inspections should have be done more frequently.

Mr. Cotarelo noted a consultant was hired by the County to conduct an in-depth evaluation of the Bear Cut and West Bridges, and to specifically address the corrosion of the steel beams, and he determined the corrosion to be more severe than originally suspected. In addition, staff requested a load bearing capacity rating of the beams, which revealed a significant drop in the rating due to the advanced corrosion, Mr. Cotarelo noted.

In response to Commissioner Jordan�s question regarding whether the inspector or County staff discovered the problem, Mr. Cotarelo noted the problem was detected by the consultant hired by the Department. He also noted the load bearing capacity ratings that staff requested were calculated by the FDOT, and reviewed by both the FDOT consultants and County staff.

Commissioner Jordan noted she supported this resolution and agreed the matter was urgent because the bridge was the main route into Key Biscayne Village; however, she expressed concern that the matter became an emergency within a short timeframe and that it took an outside consultant to discover the problem. She said she felt the County should be more thorough at collaborating and coordinating bridge inspections with the FDOT.

Mayor Gimenez noted an outside consultant was hired by the County to do an independent analysis of every steel beam, in an abundance of caution, and staff verified the findings. He said this precautionary step led staff to determine the matter to be an emergency, even though it was reported last fall that it would take 2 to 3 years to complete the project through a normal procurement process.

In response to Commissioner Zapata�s question regarding why a bridge near the end of its life expectancy was only inspected once every two years, Mr. Cotarelo explained that fixed bridges were inspected every two years, unless severe damage was detected that warranted the bridge to be inspected more frequently.

Commissioner Zapata expressed concern that the County Commissioners were caught by surprise on this issue. He said he recalled hearing at the Committee level that the subject bridge had a life expectancy of 70 years and was 68 years old. He suggested it would be prudent for staff to automatically inspect bridges that had a remaining life expectance of five years or less, every year. He also suggested the Board review State policies concerning major arterial roadways, since Miami-Dade was considered a major tourist destination.

In response to Commissioner Zapata�s question regarding the total cost the County would pay for this project, Mayor Gimenez explained that the total costs were originally projected to be $25 million, but subsequently $3 million was added for the removal of a Water and Sewer pipe under the bridge, and pursuant to his request today, an additional $3 million was added to fund the creation of bicycle lanes, which brought the total cost to $31 million.

In response to Commissioner Zapata�s inquiries regarding the amount of revenues to be generated by the toll increase, and whether funds were reserved for this project, Mayor Gimenez noted the County had approximately $9 million in reserve for both the Venetian and Rickenbacker causeways.

Ms. Jennifer Moon, Budget Director, Office of Management and Budget, noted that every toll rate increase of .25 cents generated approximately $1 million in revenues annually. She also noted that approximately $9 million existed in the Cash Carryover Reserve account, about $6 million was needed to operate both the Venetian and Rickenbacker Causeways, and $3 million was needed for ongoing capital projects of these causeways.

Commissioner Zapata asked why not plan ahead and increase the toll by .50 cents, instead of .25 cents on an �as go� basis, since staff would need to come back before the Board in the future to request additional funding. He noted his concern was that another emergency matter would need to be dealt with in the near future.

Ms. Moon explained that a .25 cent toll increase was needed now to cover the costs projected over the next year, but more adjustments would be needed during the life cycle of this causeway. She noted the County�s five-year revenue bond forecast, its multi-year capital plan and its multi-year Performa for causeways indicated future increases on an as-needed basis, and that the Administration had planned ahead. She also noted that rate increases used to be implemented over a longer period of time, but staff has since weighed the impact on the consumer of imposing smaller increases in more frequent intervals, versus larger increases over time.

Commissioner Zapata asked if a mechanism was in place for automatically increasing the tolls on the Rickenbacker Causeway, as done with the Florida Turnpike Authority toll system.

Ms. Moon noted it is required that all implementing orders be approved by the Board of County Commissioners on an annual basis, in order to set the fees in the budget; however, staff has the ability to present implementing orders that contain projected adjustments for multiple years. She noted the Board would still need to approve any proposed rate increase at the time of implementation because this Board cannot obligate a future board.

In response to Commissioner Zapata�s question regarding when this Board last approved a toll increase for the subject causeway, Ms. Moon noted the last toll increase was approved in 2007.

Responding to Commissioner Zapata�s inquiry regarding when and if a Sunpass system would be implemented on this causeway, , Mayor Gimenez noted he would push for implementation of the Sunpass lanes no later than June 2014, but could not guarantee it as a process needed to be followed.

Mayor Gimenez clarified that the Water and Sewer Department would cover the $3 million cost for removal of the Water and Sewer pipe under the bridge, and that the additional $3 million he requested to cover the cost of new bicycle lanes would be funded by the revenues generated from the toll increase.

Commissioner Heyman spoke in support of the amendment, stating she believed it would be prudent to go forward with building the bicycle lanes. She expressed concern that many of the coastal bridges throughout the County had been compromised, especially some in Commission District 4. She asked that the comprehensive study include determining a budget for reparation of future bridge repairs.

Commissioner Edmonson spoke in support of this resolution, but noted she wanted to ensure the capital projects for the Venetian Causeway remained on track. She inquired whether any funds set aside for ongoing capital projects on the Venetian Causeway would be used towards the repair of the subject bridge.

Ms. Moon explained that the funds for operations and capital expenditures were separate; however, consolidated funds from both causeways are used to support the operations, and each causeway supports its own capital projects from the revenues it generated. She noted that staff closely monitors the capital projects and most likely, would include a recommendation in next year�s budget to adjust the Venetian causeway tolls, but wanted to ensure the repairs made to the Rickenbacker Causeway were paid for by the visitors using it.

Commissioner Souto noted little concern had been raised in the past regarding the County�s infrastructure and he felt the Board deserved more detailed information on the condition of it, since several of the County�s territories were swampland and intercostal waterways. He asked the Mayor or the PWD Director to provide a matrix outlining the condition and issues of all County infrastructure, including major bridges, roadways and water and sewer infrastructure.

Commissioner Monestime spoke in support of this resolution. He noted it was foreseeable that the County would need more funding in the near future to support capital improvements, and felt the toll should be increased by .50 cents now, instead of later, since this Board could not obligate a future Commission.

Commissioner Suarez said he was amazed that this bridge was 68 years old. He asked staff to indicate, in the matrix requested by Commissioner Souto, the degree or severity of the deterioration and the load bearing capacity rate of each bridge. He noted this item was confusing because it appeared to be referring to two bridges, when in fact it was referring to two sections (east and west bound lanes) of the bridge. He encouraged staff to post signs providing the public with information on the status and progress of this project.

Regarding Agenda Item 8L6, Commissioner Suarez asked the Mayor if the related bond issuance would be approximately $20 million.

Mayor Gimenez noted the bond would be a little more than $20 million and possibly closer to $23 million, if the interest rates are lower.

Commissioner Suarez noted he generally was opposed to levying a toll increase on the citizens; however, he saw no other way to resolve this matter as it appeared to be an emergency; and said he would support this resolution.

Hearing no further comments or discussion, the Board adopted the foregoing proposed resolution as amended to increase the total cost of the contract to $31 million.

The foregoing proposed resolution was adopted as amended to reflect in the thirteenth line of the �Now, Therefore� paragraph on typed page 4, the total amount of the contract as $31 million, instead of $25 million. 		 
8L5 SUPPLEMENT  
  130116 Supplement      
  SUPPLEMENTAL INFORMATION FOR RESOLUTION WAIVING COMPETITIVE BIDS FOR THE REPAIRS OF THE BEAR CUT BRIDGE AND THE WEST BRIDGE ON THE RICKENBACKER CAUSEWAY Presented
8L6  
  130070 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AMENDING IMPLEMENTING ORDER 4-57 RELATING TO THE SCHEDULE OF FEES AND TOLLS FOR THE RICKENBACKER CAUSEWAY(Public Works & Waste Management) Adopted
Resolution R-33-13
Mover: Xavier L. Suarez
Seconder: Barbara J. Jordan
Vote: 10 - 1
No: Barreiro
Absent: Heyman , Diaz
  REPORT: (See Agenda Item 8L5 Amended, Legislative File No 130223 for the report)  
  1/14/2013 Forwarded to the BCC by the BCC Chairperson without recommendation by the Regional Transportation Committee  
8L7  
  130084 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING APPROVAL OF THE LANDFILL GAS UTILIZATION SYSTEMS SUPPLEMENTAL AGREEMENT NO.1 FOR THE NORTH DADE AND SOUTH DADE LANDFILLS(Public Works & Waste Management) Adopted
Resolution R-34-13
Mover: Lynda Bell
Seconder: Jean Monestime
Vote: 11 - 0
Absent: Heyman , Suarez
  REPORT: Commissioner Diaz asked if the original contract was awarded through a competitive bid process.

Mr. Lee Casey, Division Chief, Technical Services & Environmental Affairs, Public Works and Waste Management Department (PWWMD), noted the original contract was awarded through a competitive bid process, and three companies participated in it.

Commissioner Diaz asked if Industrial Generating Company, LLC (INGENCO) was the awardee of the original contract and the subject company of this resolution, now claiming they could no longer perform the scope of this work.

Mr. Casey affirmed that INGENCO was the awardee of the original contract and a participant in the foregoing competitive bid process, but wished to withdraw from one project at the South Dade Landfill. He noted this is a revenue-generating project, and INGENCO was the highest bidder for the gas produced from the landfill. He explained the intent was for the company to build a power plant and pay the County for the landfill gas produced and generated into electric. He noted INGENCO would make its revenues by selling the electric to utility companies.

Commissioner Diaz asked what had been proposed in lieu of this project, now that INGENCO wished to withdraw from the contract.

Mr. Casey noted the Water and Sewer Department (WASD) had a longstanding agreement with the PWWMD, and received a federal grant to construct a pipeline from the South Dade Landfill to WASD�s generation plant at the South District Wastewater Treatment Plant. He noted WASD was currently installing additional generation plants on site that would generate twice the amount of revenues that WASD would have received for each cubit foot of landfill gas captured by the INGENCO project.

In response to Commissioner Diaz question regarding whether WASD was currently capturing the landfill gases, Mr. Casey noted the Department was, but could only accept a small amount of gas using its existing generator on site. He noted State and federal regulations required the remaining gases be burned off at a flare.

In response to Commissioner Diaz question regarding how much landfill gas was actually being captured and how much was being flared off, Mr. Lee noted about 1,200 cubic feet per minute (CFM) or approximately 95% of the 1,300 CFM currently collected was being flared off, and the remainder was sent to WASD for generation.

Commissioner Diaz expressed concern regarding the continual problem of residents exposed to the stench of landfill gases when flared off because they lived near a landfill, especially the North Dade Landfill facility in Commission District 12. He said he thought this problem would be resolved with the foregoing project and the use of newer technology.

Mr. Lee noted that odors were associated with all landfills, but the problem was not significant at the South Dade Landfill facility because its gas collection system was extensive. He noted with the existing control system at the South Dade Landfill facility, gas is put into a central flare were it was combusted and converted into an odorless gas; and Cells 1, 2, and 3 at this site, for compacting trash, had been capped off. Mr. Lee noted WASD was currently receiving about 100 CFM of gas to use in its generator, and 1,200 CFM of gas was being combusted and converted into an odorless or less potent greenhouse gas.

Commissioner Jordan asked Deputy Mayor Alina Hudak to ensure the Administration explored all modern technology available for capturing landfill gases and eliminating the odors caused by this process.

Following additional comments by Chairwoman Sosa and the Vice Chair, the Board proceeded to vote on the foregoing proposed resolution as presented. 		 
  1/16/2013 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8M REGULATORY & ECONOMIC RESOURCES  
8M1  
  122377 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Lynda Bell
Bruno A. Barreiro
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss
Rebeca Sosa 		       
  RESOLUTION AUTHORIZING THE DISBURSEMENT OF UP TO $98,000 FROM THE BISCAYNE BAY ENVIRONMENTAL ENHANCEMENT TRUST FUND FOR BAYNANZA 2013 AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT BY WHICH THE DISTRICT WILL PROVIDE FUNDING TO MIAMI-DADE COUNTY FOR THIS EVENT(Regulatory and Economic Resources) Adopted
Resolution R-35-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8M2  
  122447 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Lynda Bell        
  RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE TOWN OF CUTLER BAY AND MIAMI-DADE COUNTY TO PROVIDE FILM PERMITTING SERVICES [SEE ORIGINAL ITEM UNDER FILE NO. 122375](Regulatory and Economic Resources) Adopted
Resolution R-36-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8M3  
  122266 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF EL PORTAL AND MIAMI-DADE COUNTY TO PROVIDE FILM PERMITTING SERVICES(Regulatory and Economic Resources) Adopted
Resolution R-37-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
8N MIAMI-DADE TRANSIT DEPARTMENT  
8N1  
  122351 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION AUTHORIZING EXECUTION AND RETROACTIVE APPROVAL OF AN INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN MIAMI-DADE COUNTY AND BAL HARBOUR VILLAGE; AND AUTHORIZING THE COUNTY MAYOR, MAYOR�S DESIGNEE, OR MDT DIRECTOR TO EXERCISE THE PROVISIONS CONTAINED THEREIN(Miami-Dade Transit) Adopted
Resolution R-38-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8N2  
  122350 Resolution     Sally A. Heyman        
  RESOLUTION AUTHORIZING EXECUTION AND RETROACTIVE APPROVAL OF AN INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA; AND AUTHORIZING THE COUNTY MAYOR, MAYOR�S DESIGNEE, OR MDT DIRECTOR TO EXERCISE THE PROVISIONS CONTAINED THEREIN(Miami-Dade Transit) Amended
  REPORT: (See Agenda Item 8N2; Legislative File No. 130145 for the amended version.)  
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8N2 AMENDED  
  130145 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION AUTHORIZING EXECUTION AND RETROACTIVE APPROVAL OF AN INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA; AND AUTHORIZING THE COUNTY MAYOR, MAYOR�S DESIGNEE, OR MDT DIRECTOR TO EXERCISE THE PROVISIONS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 122350](Miami-Dade Transit) Adopted as amended
Resolution R-39-13
Mover: Lynda Bell
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: The foregoing proposed resolution was adopted as amended to substitute the Interlocal Agreement attached in this item with the Interlocal Agreement attached in Agenda Item 8N2 Supplement.  
8N2 SUPPLEMENT  
  130104 Supplement      
  SUPPLEMENT TO RESOLUTION AUTHORIZING EXECUTION AND RETROACTIVE APPROVAL OF AN INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA FOR THE OPERATION OF THE AVENTURA EXPRESS SHUTTLE BUS Presented
8N3  
  122349 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION AUTHORIZING EXECUTION AND RETROACTIVE APPROVAL OF AN INTERLOCAL AGREEMENT FOR PUBLIC TRANSPORTATION SERVICES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF NORTH MIAMI; AND AUTHORIZING THE COUNTY MAYOR, MAYOR�S DESIGNEE, OR MDT DIRECTOR TO EXERCISE THE PROVISIONS CONTAINED THEREIN(Miami-Dade Transit) Adopted
Resolution R-40-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
8N4  
  122320 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING EXECUTION OF A SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (AGREEMENT) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE ADDITIONAL STATE FUNDING IN THE AMOUNT OF $525,000 FOR THE CONTINUED OPERATION OF THE NW/NE 135TH STREET/OPA-LOCKA BOULEVARD CROSSTOWN ROUTE; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS AS SPECIFIED IN THE AGREEMENT; AUTHORIZING RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS SHOULD THEY BECOME AVAILABLE AS SPECIFIED IN THE AGREEMENT; AND AUTHORIZING USE OF CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS(Miami-Dade Transit) Adopted
Resolution R-41-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/10/2012 Forwarded to BCC with a favorable recommendation by the Regional Transportation Committee  
9 ADDITIONAL DEPARTMENTAL ITEMS  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  122331 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Esteban L. Bovo, Jr.        
  RESOLUTION EXCLUDING THE AREA OF PALM SPRINGS NORTH IN ANY FUTURE DESIGNATING OF THE AREA KNOWN AS ''NORTH POINTE'' OR FOR CONSIDERATION AS PART OF AN INCORPORATION Adopted
Resolution R-42-13
Mover: Esteban L. Bovo, Jr.
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: County Attorney Robert Cuevas noted Commissioner Bell asked to be added to the Pull List as an additional commissioner pulling this item.

Subsequently, Commissioner Bell released her portion of the item, and the Board voted on it, as presented. 		 
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
11A2  
  122332 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO DEVELOP LEGISLATION CREATING ANIMAL SERVICES ADVISORY BOARD Adopted
Resolution R-43-13
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: County Attorney Cuevas noted Vice Chair Bell asked to be listed as an additional commissioner pulling this item.

Subsequently, Vice Chair Bell and Commissioner Heyman released the foregoing resolution from the Pull List; and the Board proceeded to vote on it as presented 		 
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
11A3  
  122347 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Lynda Bell 		       
  RESOLUTION, PURSUANT TO SECTION 125.38, FLORIDA STATUTES, APPROVING TERMS OF AND AUTHORIZING EXECUTION BY COUNTY MAYOR OR MAYOR�S DESIGNEE OF A LEASE AGREEMENT FOR TWENTY-SIX ACRES OF COUNTY-OWNED LAND BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA S.P.C.A. (SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS), INC., A FLORIDA NON-PROFIT CORPORATION, FOR PREMISES TO BE UTILIZED AS A PASTURE FOR RESCUED HORSES WITH A TOTAL FISCAL IMPACT TO THE COUNTY OF $10.00 PER YEAR IN RENTAL REVENUE FOR THE TERM OF THE LEASE; AND AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS CONTAINED THEREIN Adopted
Resolution R-44-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to BCC with a favorable recommendation by the Public Safety & Healthcare Admin Cmte  
11A4  
  122117 Resolution     Dennis C. Moss
Lynda Bell 		       
  RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PREPARE A MASTER PLAN FOR DEVELOPMENT OF PORTIONS OF FORMER HOMESTEAD AIR FORCE BASE DEEDED TO THE COUNTY BY THE UNITED STATES AIR FORCE Amended
  REPORT: (See Agenda Item 11A4 Amended; Legislative File No. 130215 for the amended version.)  
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
11A4 AMENDED  
  130215 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Lynda Bell 		       
  RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PREPARE A MASTER PLAN FOR DEVELOPMENT OF PORTIONS OF FORMER HOMESTEAD AIR FORCE BASE DEEDED TO THE COUNTY BY THE UNITED STATES AIR FORCE [SEE ORIGINAL ITEM UNDER FILE NO. 122117] Adopted as amended
Resolution R-45-13
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: The foregoing proposed resolution was adopted as amended to add language that the master plan be provided to the Board of County Commissioners within six months of the effective date of this resolution.  
11A5  
  122324 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION ADDING THE ZOO MIAMI FLORIDA EXHIBIT AND FRONT ENTRY PROJECT IN DISTRICT 9 TO THE LIST OF ECONOMIC STIMULUS PROJECTS PURSUANT TO THE COUNTY�S ECONOMIC STIMULUS PLAN Adopted
Resolution R-46-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
11A6  
  122333 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Lynda Bell
Esteban L. Bovo, Jr.
Sally A. Heyman
Rebeca Sosa
Juan C. Zapata 		       
  RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO CONDUCT A STUDY ON THE CREATION OF GREEN ENERGY FARMS IN THE AGRICULTURAL AREAS, INCLUDING FUNDING SOURCES AND TAX EXEMPTIONS TO ENCOURAGE SUCH GREEN ENERGY FARMS Adopted
Resolution R-47-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/12/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
11A7  
  122535 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Esteban L. Bovo, Jr. 		       
  RESOLUTION DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO STUDY THE FEASIBILITY OF ESTABLISHING A SPECIAL TRANSPORTATION PROGRAM TO TRANSPORT ELDERLY AND/OR DISABLED RESIDENTS FROM THEIR RESIDENCES TO NEARBY COUNTY PARKS AND REPORT FINDINGS TO BOARD WITHIN SIXTY DAYS IN WRITTEN REPORT [SEE ORIGINAL ITEM UNDER FILE NO. 122426] Adopted
Resolution R-48-13
Mover: Sen. Javier D. Souto
Seconder: Jose "Pepe" Diaz
Vote: 11 - 0
Absent: Heyman , Suarez
  REPORT: Commissioner Jordan asked staff to explain the difference between the foregoing proposed transportation service and the Special Transportation Service (STS) already provided by the County and practically free.

Commissioner Sosa noted this resolution was sponsored by Commissioner Souto, who only requested that the County Mayor conduct a feasibility study.

Commissioner Souto noted the STS and the proposed service were not related in any way, but his intent was to address a need in the community regarding the elderly having no access to county parks or other recreational/cultural centers. He stated that often the aged and retired are stuck indoors for this reason, when they could benefit both physically and mentally by being outdoors some. Commissioner Souto said he became aware of this issue when he was passing out turkeys on Thanksgiving Day, and realized that many elderly, several residing in Commission District 10, were stuck indoors with no means or way or access to public transportation to visit and enjoy county parks. He said the STS could help some, but could not meet all the needs. Commissioner Souto pointed out that these citizens paid taxes to support county parks and deserved to enjoy them.

Commissioner Souto suggested soliciting funds from successful local businesses and large corporations, through the Miami-Dade Parks Foundation, as a method to support the proposed services. He pointed out that contributions to the Foundation were tax deductible.

Commissioner Jordan asked that the feasibility study include the fiscal impact of this proposed service.

Commissioner Sosa asked that the study include the Administration contacting the municipalities that received a portion of the � Penny Surplus Tax funds, and ask them to include transporting their elderly/seniors to Miami-Dade County Parks, as part of the free bus services they provide for the elderly. 		 
  12/10/2012 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Recreation & Cultural Affairs Committee  
11A8  
  122309 Resolution     Sally A. Heyman        
  RESOLUTION ESTABLISHING POLICY THAT ANY ALLOCATION FROM FUNDS IN THE OFFICE OF THE CHAIR DIVISION OF THE BOARD OF COUNTY COMMISSIONERS FUND SERVE A COUNTYWIDE PURPOSE The motion that this item be Adopted failed
Mover: Sally A. Heyman
Seconder: Lynda Bell
Vote: 1 - 10
No: Jordan , Monestime , Edmonson , Barreiro , Sosa , Bell , Moss , Zapata , Diaz , Bovo, Jr.
Absent: Suarez , Souto
  REPORT: During consideration of changes to today�s (1/23) agenda, the foregoing proposed resolution was released from the Pull List and adopted in the motion to set the agenda. Later in the meeting, it was noted that Commissioner Moss had asked to be added as an additional commissioner pulling this item.

Chairwoman Sosa asked that this resolution be reconsidered and placed back on the Pull List with Commissioner Moss listed as pulling this item.

It was moved by Commissioner Diaz that the foregoing proposed resolution be reconsidered and placed back on the Pull List. This motion was seconded by Commissioner Bell, and upon being put to a vote, passed by a vote of 10-0 (Commissioners Heyman, Zapata, and Bovo were absent).

County Attorney Cuevas read the title of the foregoing proposed resolution into the record.

Commissioner Heyman noted the intent of the foregoing resolution was to ensure the funds allocated from the Office of the Chair served a countywide purpose. She noted her concern was that a former BCC Chair, upon leaving Office, allocated funds from the Office of the Chair and designated it for certain services and districts only. She said that each District Commissioner is provided a budget with dedicated funds to spend on their district; however, the Office of the Chair represented a large, diverse community and she believed those funds should be used for countywide purposes. She pointed out that several organizations in the community were underfunded and provide a countywide service.

It was moved by Commissioner Heyman that this resolution be adopted. This motion was seconded by Commissioner Bell, for a discussion.

Commissioner Moss noted he understood the intent, but could not support this resolution. He said he felt the Chair should have the same discretion as the County Commissioners, who could allocate their district budgets as they chose to, and all have allocated funds for both district and countywide purposes.

Commissioner Monestime concurred with Commissioner Moss� comments, and said the Chair should have the prerogative to allocate funds from the Office of the Chair�s budget as he/she saw fit.

Commissioner Edmonson also concurred with Commissioner Moss. She pointed out that the allocations made from the Office of the Chair�s budget would still need to come before the Board of County Commissioners for approval and could be voted up or down. She noted she understood the intent, but did not want to diminish the Chair�s authority, or punish one Chair for another�s actions. She said she believed that each Chair should have the flexibility to allocate funds as they saw fit and be held accountable for their decisions.

Commissioner Jordan noted that all Chairs and leaders do not operate the same way. She said she believed that the integrity of the Chairs, for the most part, had been upheld, and that the existing policy should not be changed.

Commissioner Bell noted she understood the intent and seconded the motion only because she felt this issue needed to be discussed; however, she would not support the resolution because she trusted the Chair�s judgment.

Chairwoman Sosa expressed appreciation for the support and comments expressed by her colleagues. She noted this issue was important because the Chair�s authority was a matter of trust and integrity, and although she presently served as the BCC Chair, another would succeed her one day. She pointed out that the allocations made by the Chair could always be voted up or down by the County Commissioners.

Subsequently, a motion to adopt the foregoing proposed resolution failed. 		 
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
11A9  
  122483 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Esteban L. Bovo, Jr.
Rebeca Sosa
Sen. Javier D. Souto
Juan C. Zapata 		       
  RESOLUTION AMENDING RESOLUTION NO. R-995-12 FOR THE PURPOSE OF CHANGING THE CODESIGNATION OF WEST 12 AVENUE AS ''OPERATION PEDRO PAN AVENUE'' FROM BEING FROM WEST 37 STREET TO WEST 49 STREET TO BEING FROM WEST 44 PLACE TO WEST 49 STREET AT THE REQUEST OF THE CITY OF HIALEAH Adopted
Resolution R-49-13
Mover: Esteban L. Bovo, Jr.
Seconder: Jean Monestime
Vote: 11 - 0
Absent: Heyman , Diaz
  REPORT: Commissioner Bovo commented on the Operation Pedro Pan program, which he noted was instrumental, along with the Catholic Church, for bringing young children out of Cuba to the United States of America. He noted many of the children rescued through this program grew up in this community and became prominent leaders, such as Pastor Luis Leon, who gave the benediction at the inauguration for President Obama.

Chairwoman Sosa, Commissioner Zapata and Commissioner Souto asked to be added as a co-sponsor of this item. 		 
11A10  
  122500 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Esteban L. Bovo, Jr.
Audrey M. Edmonson
Barbara J. Jordan
Jean Monestime
Dennis C. Moss 		       
  RESOLUTION ESTABLISHING A POLICY URGING THE BEACON COUNCIL, INC. TO UTILIZE $1,044,225.00 IN LOCAL BUSINESS TAX REVENUES TO PROMOTE SMALL BUSINESSES ASSISTED THROUGH THE MIAMI-DADE COUNTY MOM AND POP SMALL BUSINESS GRANT PROGRAM AND OTHER COUNTY SMALL BUSINESS PROGRAMS; AND REQUIRING A REPORT FROM THE BEACON COUNCIL Adopted
Resolution R-50-13
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 10 - 0
Absent: Suarez , Souto , Zapata
  REPORT: Commissioner Heyman noted this resolution only urges the Beacon Council to use a portion of its funds to promote small businesses since it receives a portion of the local business tax revenues derived from fees (formerly occupational license fees) levied on local businesses. She also explained that the �Mom and Pop� Small Business Program was presently funded through Commission District Office Budgets and she proposed that the Beacon Council begin assisting local small businesses by using an amount of funds equitably valued to the Mom and Pop program allocation. Commissioner Heyman submitted, for the record, a packet containing an article and several documents from Mr. Leroy Jones of the Neighbors and Neighbors Association.

Commissioner Bovo echoed the sentiments of Commissioner Heyman, noting he supported additional assistance provided to the local small businesses. He asked to be added as a co-sponsor of this proposed resolution. Commissioner Bovo commented that representatives of the Beacon Council had discussed with him the challenges faced by small businesses and expressed the desire to become more proactive with the Mom and Pop program.

Commissioner Jordan also asked to be added as a co-sponsor to this proposed resolution. She pointed out that the allocation for the Mom and Pop program was established by policy, and asked if the funding proposed in this resolution for the Beacon Council to use on the SB program could be adjusted accordingly with increases in the local business tax revenues. Commissioner Jordan noted her preference that the amount be adjusted proportionally with the tax growth, rather than be a fixed amount.

Commissioner Heyman reiterated that the Beacon Council was only urged by this resolution to use a specific amount but this amount could always be increased. She said she would like to see the amount increased as the revenue increased. Commissioner Heyman noted the possibility of tying the funding to some relevant indicator; however, she was comfortable with linking the funding directly to the Mom and Pop Program allocation even though that amount was less than one-third of the current local business tax revenues.

Commissioner Jordan suggested as a friendly amendment that the minimum amount be equal to one-third of the tax revenues collected.

Commissioner Heyman expressed concern with adjusting the amount to the tax revenues in the event of a decline in business tax revenues.

Commissioner Jordan pointed out that adjustments would need to be made for all County budgets, including the Beacon Council and the Mom and Pop program in the event the County had a bad year. She noted her amendment was intended to provide some flexibility without the amount being locked to the Mom and Pop allocation should tax revenues increase.

Chairwoman Sosa noted her primary concern was that the amount was already approved in the County budget and that the language in this resolution was too broad. She expressed concern that according to the language, the funds would not be invested into the small businesses, but used only for marketing purposes and that money taken from one source could be given to the marketing companies. Chairwoman Sosa pointed out that the Mom and Pop program allocation could always be increased during the budget cycle but she wanted the Beacon Council to focus on bringing new business to the County. She said the Administration and the Beacon Council should discuss the impact of this proposal and any alternatives. Chairwoman Sosa respectfully requested the sponsor considered referring this item to the committee of jurisdiction for further discussion.

Commissioner Heyman noted that Florida Statute Section 205.033(6)(b) was cited in this resolution authorizing the County to collect a business tax and distribute those funds to a designated organization or agency to oversee and implement a comprehensive economic development strategy. She said this resolution authorized the Beacon Council as the recipient of the local business tax revenue to utilize a portion of those funds to promote small businesses through the Mom and Pop program. Commissioner Heyman noted the County could not change the Statute and the Beacon Council could only be urged to comply. She requested that the Beacon Council provide compliance information in the reports they provide to the County Commission if they were already complying.

Chairwoman Sosa commented that the Beacon Council should do more for the small businesses. She noted she would yield to the sponsor to make the decision; however, she preferred this issue be discussed further at the committee level.

Vice Chair Bell noted although she supported the intent of this item, she asked to be given the opportunity to work it out with the Beacon Council through the Economic Development Committee which she chairs. She also noted she previously introduced legislation that included a line-item budget and provided more transparency, but it received resistance from the Beacon Council. Vice Chair Bell said she subsequently met with Beacon Council board members and believed this matter could be resolved. She concurred with Commissioner Heyman�s concerns that small businesses were being neglected; however, she felt that the foregoing resolution was tailored too specifically to the Mom and Pop Program. Vice Chair Bell asked for some leeway to bring back her original legislation and discuss it before the committee of jurisdiction, to hopefully come up with some possible strategies for the Beacon Council to expend these funds.

Chairwoman Sosa noted that if it was the will of the Board to vote on this item today (1/23), she would allow the discussion to continue; otherwise, she suggested the item be referred back to the committee of jurisdiction.

Commissioner Heyman pointed out that the language in the resolution �other county small business programs� designated the Mom and Pop Program as a budget source directed to the Beacon Council. She said she preferred to take action on this matter today (1/23) because she had received numerous complaints and waited a long time for it to be resolved.

At Chairwoman Sosa�s direction, the Board continued the discussion.

Commissioner Edmonson pointed out that the proposed resolution was only an urging and Board members were not prevented from bringing forth other legislation. She also pointed out the funds set aside for economic development included small businesses and although small businesses accounted for the hiring of 95 percent of the county�s population they did not benefit much from these funds. She said she would support this resolution.

Commissioner Diaz concurred and noted that small businesses needed support. He asked Vice Chair Bell to consider proposed methods before the committee of jurisdiction to increase the funding for promoting small businesses.

Commissioner Monestime spoke in support of this resolution, noting that small businesses were the lifeline of this community. He said he trusted the Chairwoman�s judgment to send this item back to the committee of jurisdiction for review and believed this process would benefit all involved parties.

Commissioner Moss asked to be listed as a co-sponsor of this resolution. He noted that although this item should be reviewed by the committee of jurisdiction, he had no problems with voting on it today (1/23) because it was only an urging. Commissioner Moss said it would send a message to the Beacon Council that it needed to concentrate more on promoting small businesses. He said he was not totally satisfied with the way the Metro-Miami Action Plan funding (currently the Miami-Dade Economic Advocacy Trust) was used for this purpose and felt changes needed to be made to the current process.

Chairwoman Sosa concurred with Commissioner Moss comments.

Commissioner Bell said she would support this resolution, noting she felt comfortable that it urged the Beacon Council to provide additional assistance to small businesses and that this matter would be discussed further before the committee of jurisdiction.

Commissioner Monestime asked to be added as a co-sponsor to Vice Chair Bell�s original item when brought back for consideration.

Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented. 		 
11A11  
  122473 Resolution     Sally A. Heyman        
  RESOLUTION SUPPORTING THE 2013 STATE & FEDERAL LEGISLATIVE PROGRAM OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; INCORPORATING THE COMPACT�S LEGISLATIVE PROGRAM INTO MIAMI-DADE COUNTY�S 2013 FEDERAL AND STATE LEGISLATIVE PACKAGE Amended
  REPORT: (See Agenda Item 11A11 Amended; Legislative File No. 130266 for the amended version.)  
11A11 AMENDED  
  130266 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION SUPPORTING THE 2013 STATE & FEDERAL LEGISLATIVE PROGRAM OF THE SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT; INCORPORATING THE COMPACT�S LEGISLATIVE PROGRAM INTO MIAMI-DADE COUNTY�S 2013 FEDERAL AND STATE LEGISLATIVE PACKAGE (SEE ORIGINAL ITEM UNDER FILE NO. 122473) Adopted as amended
Resolution R-51-13
Mover: Sally A. Heyman
Seconder: Lynda Bell
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: Commissioner Heyman noted this resolution pertains to the 2013 Energy and Climate State and Federal Legislative Program developed by the South East Florida Regional Climate Change Compact, and was placed on the agenda by Assistant County Attorney Jess McCarty and the Office of Sustainability. She noted the Compact is a regional group made up of Miami-Dade, Broward, Palm Beach, and Monroe Counties.

It was moved by Commissioner Heyman that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Edmonson, followed by discussion.

Commissioner Diaz noted although he had no issues with this item, he requested it be placed on the Pull List to discuss the previous decision of the Board not to add more items to the Legislative Package agenda because it was full; however, he understood that Jess McCarty wanted this item to be included in this year�s Legislative Package.

In response to Chairwoman Sosa�s inquiries regarding the process and which department requested this item be sponsored by Commissioner Heyman, Assistant County Attorney Jess McCarty clarified that the item came from the other counties participating in the Compact, and that Miami-Dade County took no position on it. He affirmed that the Office of Intergovernmental Affairs requested the item be sponsored by Commissioner Heyman.

Vice Chair Bell noted she supported this resolution, but opposed a ban on coal as a fuel diversity option, because of the technology that existed to extract coal in a clean way. She read into the record, the following statement from the Director of Homestead Energy Services Electric Utility: �I am opposed to any blanket statement opposing the use of coal as fuel for electricity generation or the prohibition of new coal firing units. While burning coal does present challenges, technology exists to use it in an environmentally responsible manner. Currently, Florida is heavily dependant on natural gas as a fuel choice for electric generation, which is a very good low price option. But, at this time the price is relatively low, and historically, it has experience a lot of price volatility. Should natural gas prices rise again to the level reached several years ago, Florida utilities will have little choice but to continue using it, if there is no fuel diversity available.�

Vice Chair Bell noted she was absolutely opposed to an outright ban on coal, and supported legislation mandating the best use of controlled technology available for burning coal in a clean way. She requested this resolution be amended to remove the language calling for an outright ban on coal, and replace it with the use of existing or new technology to extract coal in a clean way, as an option.

Chairwoman Sosa directed a question to Director Joe Rasco from the Office of Intergovernmental Affairs (OIA) regarding whether his office requested this item be placed on the agenda of the Legislative Package.

Mr. Rasco responded that the request specifically came from the Office of Sustainability.

Chairwoman Sosa asked whether this item would just be added to the 2013 Legislative Package or would it be included as a priority of Miami-Dade County.

Mr. Mark Woerner, Assistant Director, Metropolitan Planning Division of the Regulatory and Economic Resources (RER) Department, noted for the past three years, the Compact has developed an Annual State and Federal Energy and Climate Legislative Program, and staff wanted to ensure it was included in the larger legislative package this year. He said the language in question was copied, almost verbatim, from the language in the 2012 package.

Responding to Vice Chair Bell�s concern, Commissioner Heyman noted this item was part of a regional plan that included coordinated mitigation and adaption strategies for regional climate changes, and was not a mandate, but a guide with options for each county to voluntarily align its own plans with, if they chose to. She said that staff was remiss in submitting it timely and wanted it included in the larger legislative package. She also noted she preferred the item be submitted as is, without the amendment, because it was almost identical in language to the plan included in the 2012 legislative package.

Vice Chair Bell pointed out that County staff signed off on this document, which meant the County agreed to the recommendations and polices listed on page 6, including one that opposed legislation and incentives to facilitate the construction and expansion of coal-fired electric generation within the State of Florida. She said all she was asking for was that this language be deleted, and that it be substituted with language supporting technologies for clean burning coal as a fuel diversity strategy.

Commissioner Heyman said she would yield to the Office requesting her sponsorship, to respond to the requested amendment.

Mr. Woerner noted the change requested by Vice Chair Bell could be accomplished; however, he did not know whether the same language would be included in the plan acted on by the other counties participating in the Compact.

Chairwoman Sosa clarified that although the tri-counties worked together, Miami-Dade was responsible for its own plan. She asked whether the amendment proposed by Vice Chair Bell would create any inconsistencies in this plan.

Mr. Woerner said no and that the amended language could be accommodated.

Chairwoman Sosa asked if the proposed amendment was acceptable to the sponsor, to which Commissioner Heyman replied that she accepted it.

Hearing no further comments or questions, the Board adopted the foregoing proposed resolution as amended to remove the language pertaining to Electric Generation Fuels that OPPOSES policies, legislation and incentives designed to facilitate the construction or expansion of coal-fired electric generation within the State of Florida, from handwritten page 6, under the section entitled "2013 State Policies" and replace it with a policy that SUPPORTS clean coal burning technology, as requested by BCC Vice Chair Bell. 		 
11A12  
  122492 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Sally A. Heyman 		       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS DURING THE 2013 SESSION A STATEWIDE WAGE THEFT LAW MODELED AFTER THE MIAMI-DADE COUNTY WAGE THEFT ORDINANCE Adopted
Resolution R-52-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A13  
  122499 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Sally A. Heyman 		       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION DURING THE 2013 SESSION LIMITING THE NUMBER OF CONSTITUTIONAL AMENDMENTS THE FLORIDA LEGISLATURE PROPOSES BY JOINT RESOLUTION TO NO MORE THAN FIVE QUESTIONS FOR PRESIDENTIAL ELECTION BALLOTS AND FURTHER LIMITING THE LENGTH OF SUCH PROPOSED CONSTITUTIONAL AMENDMENTS TO NO MORE THAN 75 WORDS FOR PRESIDENTIAL ELECTION BALLOTS Adopted
Resolution R-53-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A14  
  122458 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Lynda Bell
Audrey M. Edmonson
Sally A. Heyman 		       
  RESOLUTION OPPOSING A STATE BUDGET PROPOSAL BY THE FLORIDA DEPARTMENT OF CORRECTIONS TO SHIFT CORRECTIONS COSTS FROM THE STATE TO COUNTIES BY PROVIDING THAT ONLY THOSE PERSONS WITH ONE YEAR OR MORE REMAINING ON THEIR SENTENCES AT THE TIME OF SENTENCING WOULD BE INCARCERATED BY THE FLORIDA DEPARTMENT OF CORRECTIONS; ALTERNATIVELY URGING THE FLORIDA LEGISLATURE TO REIMBURSE COUNTIES FOR THE ADDITIONAL COST COUNTY TAXPAYERS WILL INCUR TO HOUSE SUCH INMATES IN COUNTY JAILS Adopted
Resolution R-54-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A15  
  122477 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss 		       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES FOR THE USE OF CERTAIN AMMUNITION COMMONLY USED IN ASSAULT WEAPONS DURING THE COMMISSION OF A FELONY Adopted
Resolution R-55-13
Mover: Barbara J. Jordan
Seconder: Jean Monestime
Vote: 9 - 1
No: Diaz
Absent: Heyman , Zapata , Bovo, Jr.
  12/18/2012 Deferred by the Board of County Commissioners  
11A16  
  122478 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss 		       
  RESOLUTION URGING CONGRESS AND THE FLORIDA LEGISLATURE TO REQUIRE A PURCHASER OF AMMUNITION, EXCEPT A LAW ENFORCEMENT OFFICER OR MEMBER OF THE ARMED FORCES, TO PROVIDE A DRIVER�S LICENSE OR OTHER PICTURE IDENTIFICATION; ALTERNATIVELY, URGING THE FLORIDA LEGISLATURE TO LIFT THE PREEMPTION ON LOCAL GOVERNMENTS REQUIRING SUCH IDENTIFICATION Adopted
Resolution R-56-13
Mover: Barbara J. Jordan
Seconder: Jean Monestime
Vote: 9 - 1
No: Diaz
Absent: Heyman , Zapata , Bovo, Jr.
  12/18/2012 Deferred by the Board of County Commissioners  
11A17  
  122479 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss 		       
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION INCREASING THE PENALTY FOR POSSESSION OF AN AK-47 OR OTHER SEMI-AUTOMATIC ASSAULT WEAPON DURING THE COMMISSION OF A FELONY FROM 15 TO 25 YEARS Adopted
Resolution R-57-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/18/2012 Deferred by the Board of County Commissioners  
11A18  
  122480 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Audrey M. Edmonson
Sally A. Heyman
Dennis C. Moss 		       
  RESOLUTION URGING THE UNITED STATES CONGRESS TO CLOSE THE ''GUN SHOW LOOPHOLE'' NATIONWIDE AND URGING THE FLORIDA LEGISLATURE TO ACT STATEWIDE TO REQUIRE PRIVATE SALES OF FIREARMS TO INCLUDE A MANDATORY BACKGROUND CHECK OF A PURCHASER OF A FIREARM REGARDLESS OF WHETHER THE FIREARM VENDOR IS LICENSED OR NONLICENSED PURSUANT TO FEDERAL OR STATE LAW Adopted
Resolution R-58-13
Mover: Barbara J. Jordan
Seconder: Jean Monestime
Vote: 9 - 1
No: Diaz
Absent: Heyman , Zapata , Bovo, Jr.
  12/18/2012 Deferred by the Board of County Commissioners  
11A19  
  122481 Resolution     Barbara J. Jordan        
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND STATE LAW TO PERMIT LOCAL REGISTRATION OF PRIVATELY-OWNED FIREARMS Motion to adopt died due to lack of a second
  REPORT: Vice Chair Bell noted she supported the other items sponsored by Commissioner Jordan that pertained possession of a firearm while in the commission of a felony, but she could not support the foregoing resolution because laws already existed requiring background checks and gun ownership registration, and they were smart laws that made sense. She said she felt this legislation would only penalize the law-abiding citizens, not the criminals.

Commissioner Diaz concurred with Vice Chair Bell�s comments, and said he believed the real issue was the people behind the guns, and not the gun itself. He noted he opposed this resolution, but could support an increase in the penalties and mandatory sentences for persons convicted of firearm possession while in the commission of a felony, noting increased penalties have worked in the past to deter crime.

Chairwoman Sosa noted she supported the other initiatives brought forth by Commissioner Jordan, but would not support the foregoing resolution because it directly conflicted with Florida�s Constitution and Florida State Statute 790.355 that defined the �right to privacy.� She said this proposal could actually deter law abiding citizens from owning a gun if their names and addresses were made part of a public record. She noted her concern was she did not want a lawful gun owner to be subjected to harassment by someone who opposed gun ownership or to a home burglary by a criminal that somehow had access to the registry. She expressed concern with penalizing or removing the rights and protections of law abiding citizens, and providing a tool for criminals to do more harm.

Commissioner Souto said that he was opposed to this resolution, and that �guns do not act alone�. He noted he is a licensed gun owner and has owned guns most of his life, but nothing bad ever transpired because he was a responsible gun owner. He also noted that guns have been stolen from him, and he could bet they were used in other crimes. Commissioner Souto further noted he was instrumental in the passing of the legislation that required a permit to carry a concealed firearm permit. He said the issues were complex and the existing laws for gun-ownership needed to be complied with, but it was a matter of education and certification. Commissioner Souto pointed out that other tools or instruments besides a gun could be used to commit murder or a burglary.

Commissioner Jordan noted of all the items she proposed, she knew this resolution would be the most controversial, but presented it anyway because she felt it would save more lives. She said that guns were sold at gun shows all the time without a record of the purchaser, and law enforcement really had no other way to track or identify the owner unless he/she was registered at the time the gun was purchased. Commissioner Jordan said she felt it was necessary to establish a registry for identifying gun ownership, and that access to it would be limited to law enforcement only.

Hearing no further discussion, it was moved by Commissioner Jordan that the foregoing proposed resolution be adopted.

This motion died due to lack of a second. 		 
  12/18/2012 Deferred by the Board of County Commissioners  
11A20  
  122482 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Audrey M. Edmonson
Sally A. Heyman
Jean Monestime
Dennis C. Moss 		       
  RESOLUTION URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT BANS THE POSSESSION OR SALE OF ANY HIGH-CAPACITY MAGAZINE THAT HAS THE CAPACITY OF MORE THAN 10 ROUNDS OF AMMUNITION; WITH EXCEPTIONS FOR THE POSSESSION OF ANY HIGH-CAPACITY MAGAZINE THAT WAS LAWFULLY POSSESSED ON OR BEFORE THE DATE OF ENACTMENT AND POSSESSION OF HIGH-CAPACITY MAGAZINES BY LAW ENFORCEMENT OFFICERS, BOTH ACTIVE AND RETIRED; FURTHER URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT REQUIRES IDENTIFICATION MARKINGS ON ANY HIGH-CAPACITY MAGAZINES MANUFACTURED AFTER THE DATE OF ENACTMENT Adopted
Resolution R-59-13
Mover: Barbara J. Jordan
Seconder: Sally A. Heyman
Vote: 7 - 4
No: Barreiro , Bell , Zapata , Diaz
Absent: Suarez , Souto
  REPORT: Commissioner Jordan noted she has sponsored several items in the past, urging Congress to reinstate the ban on assault weapons, but her last attempt failed before the County Commissioners in September, and the rules required her to wait until March to bring this legislation forward again. However, in response to the tragedy that occurred at the Sandy Hook Elementary in New Town, Connecticut last December, she sponsored several items urging the Legislature to enact stricter gun laws. She thanked her colleagues for supporting many of them. She said this tragic event has stirred an outpour of public support for stricter gun laws, aimed at reducing violence. And as a result, New York Governor Andrew Cuomo has signed into law, the New York Secure Ammunition and Firearms Enforcement (NY SAFE) Act, banning high capacity magazines and requiring universal background checks on gun and ammunition purchases.

Commissioner Jordan noted 72 criminal incidents, involving high-powered assault weapons, have occurred nationwide since 1982. She suggested County leaders pay close attention to these numbers and the number of related incidents occurring locally. She asked staff from the Miami-Dade Police Department (MDPD) to provide an overview of the type of weapons and ammunition used by the Police Department compared to those used on the street.

MDPD Police Major Raul Ubieta, appeared on behalf of MDPD Director JD Patterson, and displayed a .223 Remington Assault Rifle (AR), and ammunition currently used by the MDPD.

Commissioner Jordan noted in response to an incident that occurred in Commission District 1 involving two police officers who were shot by a high-powered assault weapon while working undercover, she sponsored legislation to arm the MDPD with the .223 AR, because she was told the police needed better weaponry to combat the weapons being used on the street.

Major Ubieta continued his presentation, and demonstrated a 5.56 millimeter caliber round used in the .223 AR, and a round used in an AK-47. He noted the two were similar, but the caliber of the 5.56 millimeter round was lighter and had more velocity. He noted although the AK47 round was heavier and slower, the damaged caused by it was just as devastating as by the 5.56 bullet. Mr. Ubieta also displayed an M4 AR, which is another weapon used by the MDPD.

In response to Commissioner Jordan�s question regarding the capacity of the M4, Mr. Ubieta noted the M4 is a variation of the AR15 and the M16, used by the military; and its capacity was similar to an AK47, but it held 10-rounds and the AK47 could hold a magazine of 10 to 44 rounds; some even more, including heavier drums that held up to 75 and 100 rounds. He noted a 30-round magazine was the highest capacity used by the MDPD.

Regarding Commissioner Jordan�s remarks that the round used in the AK47 was larger than the round for the .223 AR used by law enforcement officers, Major Ubieta clarified that the .223 caliber bullet was equal to a .25 caliber round and the AK47 round was equal to a .30 caliber round, which was slightly bigger.

Commissioner Jordan expressed concern that high capacity weapons in the wrong hands could cause devastation in a community. She noted her intent was to urge the Legislature to enact laws that limited the capacity of a gun magazine to 10 rounds, and to provide Law Enforcement with the necessary weaponry to protect the community.

It was moved by Commissioner Jordan that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Heyman, followed by a discussion.

Commissioner Diaz commended Commissioner Jordan for her passion advocating for public safety. He said he too sponsored legislation to provide law enforcement the necessary fire power to protect the Miami International Airport, and would support equipping MDPD to protect the community better; however, expressed concern that the proposed legislation would diminish the rights of citizens to bear arms provided by the 2nd Amendment, and open a Pandora Box. He noted he believed the real issue was the mindset of a criminal, and not the gun capacity. He pointed out that video games have taught children how to load firearms rapidly and spoken words have cause much damage, but the two are protect by the 1st Amendment. He also noted that many in the armed forces have laid down their lives to defend America and its Constitution. Commissioner Diaz said he would support imposing stiffer penalties for use of an assault weapon while in the commission of a crime, but not to limit the capacity because he felt it would not make a difference.

Vice Chair Bell noted she was amazed by new laws proposed following a tragic event that end up punishing the law abiding citizens rather than the perpetrators. She noted she felt this legislation would have no impact on the criminal, and the capacity limit would not prevent crime. She said she was opposed to an outright ban on assault firearms, but agreed the police and military should be armed appropriately. Vice Chair Bell pointed out that the 2nd Amendment not only provided for self-protection, but also protected against tyranny. She provided examples of crime victims who were able to protect themselves better because they armed themselves with a high-capacity weapon. Vice Chair Bell noted even though this resolution was only an urging, she believed it would result in unintended consequences.

Commissioner Monestime asked that he be added as a co-sponsor of this item. He noted all weapons were not equal and he preferred to see a .38 or a .45 caliber in the hands of a civilian, rather than an assault weapon. He noted he has observed that most 2nd amendment supporters usually did not arm themselves with high-powered weapons.

Commissioner Bovo pointed out that the 2nd amendment granted the right to bear arms, but it did not grant the right to massacre children. He said that as a parent he could not reconcile losing a child in this manner. He noted kids today were being jaded by what they see on television and the internet. He said he had hoped for legislation to resolve the problems, but believed this resolution would not, and said those individuals determined to carry out a crime or a suicide mission would do so regardless of the laws put in place. He noted he would support this resolution cautiously, only because he was a father, and hoped it would send a message to the Legislature that the government needed to do more concerning this matter.

Commissioner Heyman said she was proud to sponsor this item, but appalled by the State�s threats to fine lawmakers that supported gun restriction laws. She said she did not see a purpose for a high capacity magazine and never met a law enforcement officer, a military person or a hunter who felt they needed it to protect themselves better, but noted most hunters arm themselves with only a handful of bullets to hunt. She also said she believed this resolution provided for greater responsibility and accountability.

Commissioner Moss noted he was opposed to any legislation that impeded the right to bear arms; however, the 2nd amendment did not guarantee a right to bear assault weapons. He also noted that his take on the incident in New Town, Connecticut and the debate to limit capacity was that limiting the number of rounds could reduce the amount of carnage caused by a high powered weapon. Commissioner Moss pointed out that major crimes occur every day in the inner city, and he believed the County should explore incremental steps for making the community safer. He noted the incident at Sandy Hook Elementary has pricked people�s consciences, and he felt the Board could take some action through this legislative urging, without treading on the 2nd amendment rights.

Vice Chair Bell pointed out that the cities of Chicago, New York and Washington D.C. have enacted some of the strictest gun laws, but also had some of the highest crime rates in the nation.

Chairwoman Sosa noted she respected the rights provided by the 2nd amendment, but could not detach herself from her duties and responsibility as a school teacher to care for children. She said it was time for the Commission to say enough to the carnage and crime caused by high-powered weapons and to begin working on ways to reduce it by limiting capacity. She said she would support this item.

Commissioner Jordan noted the intent of this item was not to impede on the Citizens rights to bear arms afforded by the 2nd amendment, but to limit the magazine capacity of a high-powered weapon to ten (10) rounds. She said this was important because limiting the number of bullets to 10, instead of 70 could prevent the amount of carnage. She pointed out that one victim, a child, in the Sandy Hook tragedy, was shot eleven times, and the Commission needed to pay close attention to this incident, and put laws in place to prevent further carnage.

Hearing no further discussion, the Board proceeded to vote on the foregoing proposed resolution as presented. 		 
  12/18/2012 Deferred by the Board of County Commissioners  
11A21  
  130068 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Sally A. Heyman
Dennis C. Moss 		       
  RESOLUTION URGING THE FLORIDA LEGISLATURE DURING THE 2013 SESSION TO INCREASE FUNDING FOR MENTAL HEALTH PROGRAMS Adopted
Resolution R-60-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A22  
  122314 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Lynda Bell        
  RESOLUTION DECLARING ONE DELL COMPUTER WITH MONITOR, KEYBOARD AND MOUSE SURPLUS; AUTHORIZING THEIR DONATION TO AMERICAN INTERNATIONAL RELIEF, INC. AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE A COMMUNITY BASED ORGANIZATION AGREEMENT AND EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN Adopted
Resolution R-61-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
11A23  
  122337 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION DECLARING ONE 2002 DODGE VAN AND COMPUTER EQUIPMENT SURPLUS; AUTHORIZING THEIR DONATION TO SAHARA OF SOUTH FLORIDA, INC. AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE A COMMUNITY BASED ORGANIZATION AGREEMENT AND EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN Adopted
Resolution R-62-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
11A24  
  122307 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION DECLARING ONE 2001 DODGE PICKUP TRUCK SURPLUS; AUTHORIZING ITS DONATION TO FOOD OF LIFE OUTREACH MINISTRIES, INC. AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE A COMMUNITY BASED ORGANIZATION AGREEMENT AND EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN Adopted
Resolution R-63-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  12/11/2012 Forwarded to the BCC by BCC Vice Chairperson due to lack of a quorum by the Internal Mgmt. & Fiscal Responsibility Committee  
11A25  
  130066 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING ALLOCATIONS OF FY 2012-13 DISTRICT 3 OFFICE BUDGET FUNDS Adopted
Resolution R-64-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A26  
  130071 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION APPROVING ALLOCATIONS OF FY 2012-13 DISTRICT 2 OFFICE BUDGET FUNDS AND RESCINDING PRIOR ALLOCATIONS FROM DISTRICT 2 OFFICE BUDGET FUNDS Adopted
Resolution R-65-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A27  
  130074 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz
Sally A. Heyman 		       
  RESOLUTION AUTHORIZING LEGAL ACTION AGAINST THE STATE OF FLORIDA DEPARTMENT OF HEALTH, KENDALL REGIONAL MEDICAL CENTER AND/OR OTHER RELEVANT PARTIES TO DEFEND OR PRESERVE THE PUBLIC HEALTH TRUST�S INTERESTS WITH RESPECT TO THE PROVISION OF TRAUMA SERVICES IN THE TRUST�S SERVICE AREA Adopted
Resolution R-66-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
11A28  
  130093 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO ENABLE THE COUNTY TO LEVY AN ADDITIONAL PENNY OF PROFESSIONAL SPORTS BED TAX AND PERMIT THE STATE TO GRANT A STATE SALES TAX REBATE FROM THE SALE OF GOODS AND SERVICES AT SUN LIFE STADIUM IN ORDER TO FUND A PORTION OF THE COSTS EXPENDED FOR THE UPGRADE AND MODERNIZATION OF SUN LIFE STADIUM Adopted
Resolution R-67-13
Mover: Barbara J. Jordan
Seconder: Dennis C. Moss
Vote: 9 - 4
No: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Commissioner Jordan noted the Sun Life Stadium, originally known as Joe Robbie Stadium, has remained in Commission District 1 since its inception, and she was proud to sponsor this resolution. Commissioner Jordan noted she supported this proposal because it posed no burden to the taxpayers of Miami-Dade County and more than half of the proposed stadium renovations would be paid for by the Dolphins franchise and private sector monies. She recognized Mr. Mike Dee, Chief Executive Officer (CEO) of the Miami Dolphins, to provide an overview of this proposal.

Chairwoman Sosa clarified that she would not open a public hearing today for public input, but the sponsor had the prerogative to recognize someone from the community to speak on this item.

Mr. Mike Dee, CEO for the Miami Dolphins, appeared before the Board and recognized several community leaders, business representatives and various organizations connected to the Sun Life Stadium that support this proposal. Mr. Dee noted approval of the foregoing resolution was the first step in a process for getting approval of certain State Legislative Bills (FHB165 and SB306) that authorized Miami-Dade County to access two specific public funding sources, and was a non-binding resolution that only urged the State Legislature to approve those bills. He also noted the proposal would not impact the taxpayers of Miami-Dade County; that any deal made must be smart, fair, equitable, and show a return that outweighed any public investment; and it must hold the parties accountable to the highest standard of transparency. Mr. Dee said this proposed resolution would send a message to the State Legislature that the County was serious about dialoging this proposal. He commented that the County could not afford to lose this opportunity as it did in 1981 when a proposed plan to preserve the Orange Bowl was strongly opposed and likely caused the County to lose the chance to host two Super Bowls games.

Mr. Dee presented the following 6-point pledge that underscored the team�s commitment, and sets important parameters as the basis for a future dialogue:

1) Approach this partnership differently than any other, by investing more, pledging more and returning more to the community and the fans;
2) Guarantee that private investment and funding paid for most of the stadium construction costs, including potential cost overruns and financing risks associated with the Sun Life Stadium improvements;
3) Not request any new or increased tax for the residents of Miami-Dade County (MDC); and that any requests for public investment would be paid for by visitors to MDC, not by the tax paying citizens. Currently, the County has the most competitive tax rates nationwide and local hoteliers support a one-penny tax increase, which would not affect the competitiveness in the long run;
4) Create over 4,000 local jobs by hiring from the local community of MDC, as part of a 22 month construction schedule;
5) Build a world-class facility with improved sight lines, seats that would be moved closer to the field, and an electric environment that included HD lighting upgrades, scoreboard, and a sound system that would put this facility on an equal playing field with other newly constructed facilities around the country that were direct competitors;
6) Secure the future of the Dolphins franchise, by committing the Dolphins to play at a modernized Sun Life Stadium through 2034, which was 20 years after the completion date, and maintain an open mind for a longer term arrangement.

Mr. Dee noted the stadium renovations were essential for Miami to host future super bowls, college national championship games, and international sporting events, such as international soccer and the 2019 Pan-American Games. He noted the request for a county investment was for a maximum of $199 million and the Miami-Dolphins would invest a minimum of $201 million for this project. He noted the current economic impact to South Florida from a Super Bowl Game was a minimum of $300 million and from a College Championship Game was a minimum of $200 million; but, a modernized, competitive facility that hosted Super Bowls and College Championship Games was projected to generate an economic impact of at least $1.5 billion over the next 20 years, which was a conservative estimate that did not factor in projected returns from international sporting events like international soccer and the 2019 Pan-American games. Mr. Dee noted his commitment to accomplish all of this and provide most of the funding, without any increased taxes to Miami-Dade County residents.

Mr. Dee asked that the County Commission consider adopting the foregoing resolution. He pointed out that Miami was competing with San Francisco for the award to host Super Bowl L (50th Super Bowl), which would be awarded on May 22, 2013 in Boston, Massachusetts, just seventeen weeks from today. Mr. Dee noted he looked forward to working with everyone in the weeks ahead to make this happen and that his goal was to put Miami back in the number one position.

Commissioner Jordan noted today�s (1/23) vote was non-binding, and only supported a resolution that urged the State to allow the County to decide how to improve the Dolphin�s stadium. She noted the County Commission would have an opportunity to discuss a deal after a ruling by the State. She noted the improvements of the facility would be paid for by public money and the County could not afford to ignore the economic benefits that would result from the modernized facility which would create over 4,000 local jobs. She commented on the County�s benefit of having a world class facility and the economic returns from all events related to the Super Bowl L, which would not be shared with any other county. She also noted the County could do community outreaches to educate the public on the benefits of improving this facility and what it would bring to the community.

It was moved by Commissioner Jordan that the Board adopt this resolution. This motion was seconded by Commissioner Moss, followed by discussion.

Commissioner Bovo commented on the unfortunate situation that Miami-Dade County found itself in with the Marlins Baseball Stadium; however opined that this proposal was entirely different and expressed his appreciation to the Dolphins organization for their efforts. He stressed the need to analyze this proposal from a public policy perspective. He opined that Broward County would reap economic benefits, despite the Dolphins commitment to conduct all Superbowl events in Miami-Dade County, since events in Superbowl host cities were dictated by the National Football League (NFL), not the team franchise. He also expressed concern with the timing of this proposal, noting just nine days after the Dolphins held a press conference on this issue; it was now before the County Commission without any public education.

Commissioner Bovo further noted the Dade Delegation was not yet on board with this proposal, and suggested Mayor Gimenez meet with the Dolphin organization to work out all the details and report back to the County Commission in order for the Commission to make an informed decision. He stated there was still time to conduct public meetings to educate the community on this proposal prior to it being presented at the upcoming legislative session in March 2013.

Commissioner Bovo commented on the Dolphin organization�s genuine approach to this proposal and urged that his colleagues not allow it to be exclusive as they did with the Marlins deal. He asked that, as part of the negotiations, the Dolphins organization guarantee the team remained in Miami-Dade County and not relocate if an agreement could not be reached.

In response to an inquiry by Commissioner Bovo regarding the total amount the County would be paying for the Marlins Stadium, Mayor Gimenez responded it would be approximately $2 to $3 billion which was the reason he opposed that agreement.

Mayor Gimenez assured the County Commission that he would not present a financing deal that was anywhere near what the Marlin�s Stadium was costing the County. He concurred with Commissioner Bovo�s suggestion that he be involved in discussions with the Dolphins organization and the need for community input on this proposal.

Commissioner Bovo reiterated the need for the County Commission to be more informed on this proposal prior to it being presented to the State Legislature and noted he could not support the proposed resolution in its current format.

Commissioner Moss noted this issue was a difficult one for the community, following the Marlins deal. He said he was open minded about supporting a deal with the Miami Dolphins provided it was nothing like the Marlins deal; included an open-book policy for a review of the team�s annual income to help him determine if the public funding request should be supported; must provide local jobs to the community; and be a true private/public partnership to which the County received a benefit equitable to the funds it contributed towards the renovations. He also noted the deal should include provisions for the team�s owner to pay the cost overruns and any outstanding debt, should the team be sold. He said he would like to see something to provide opportunities for underprivileged children to attend games, especially if seats are vacant. He commented that he had a problem with Broward County benefiting from the events held in this stadium, but not contributing towards the improvements.

Commissioner Moss asked Mr. Dee to explain the benefits that the Miami Dolphins received when a super bowl game or national championship college game was hosted in the stadium.

Mr. Dee noted, for a Super Bowl game, the National Football League (NFL) received the benefit of using the stadium at no charge, and all rights, benefits and revenues generated by the hosting facility from ticket sales, concessions and parking on that given day, plus other traditional revenues. He said he believed that certain suite holders for Miami Dolphins games had the right to buy some of the suites in a Super Bowl game. Mr. Dee pointed out that the Miami Dolphins players contributed over 15,000 in pro bono hours during the Super Bowl held in Miami in 2010. Regarding College Championship games, Mr. Dee noted the current system involved an agreement with the Orange Bowl Committee that was similar to the rental structure used for the Orange Bowl Game; however, that system no longer existed and the game was no longer awarded to Miami every four years. He said that beginning in 2015, college championship games would be put out for bid, as is done with Super Bowl games, and the bid competition should be similar as for super bowl games, and said he highly expected the facility to be rent free for college championship games as well.

In response to Commissioner Moss� inquiry regarding whether financing was available through the NFL for this project, Mr. Dee noted the NFL financing program was in the form of a loan, with a complex formula and very complicated criteria. He noted the Dolphins anticipate pursuing it, but he was unsure whether the project would qualify, based on the criteria. Mr. Dee noted the team�s pledge is to fund this project with private funding and pursue NFL financing, if it was doable.

In response to Commissioner Moss� inquiry regarding whether financing through the NFL was considered private financing, Mr. Dee noted it was preferred financing, secured by credit, and it circumvented a past challenge when debt ceilings were imposed on the teams by the NFL. He said the teams could now take on more debt load through this program, but at a risk. He noted any debt incurred for the foregoing project would be in addition to the existing $230 million debt the owners inherited when they purchased the team.

Mr. Dee stressed a statement made by Dolphins owner Stephen Ross, who recently said that the Miami Dolphins would not move away from Miami as long as he was the owner of the team, and pledged that the Dolphins would commit to play at the Sun Life Stadium through year 2034. He underscored that the statement contradicted any belief that the team would enter into a private/public partnership for investments to improve the facility and come back ten years later to ask the Board for a new facility. Mr. Dee said the proposed facility would be able to serve the Dolphins, the Miami Hurricanes, and all Orange Bowl games and Beacon Council events, competitively, for at least the next 20 years. He assured the Board that this proposal contained no hidden agendas or threats and that the Dolphins were here to stay.

Commissioner Moss reiterated that he would not support a deal with the Dolphins unless it was totally different from the Marlins and many of the details were worked out. He said he liked the idea suggested by Commissioner Bovo that the Mayor be involved in the negotiations, which provided him a level of comfort. He pointed out that this resolution only urges the State Legislature to allow the County the right to consider assessing an additional penny of professional sports bed taxes should they support a proposed deal.

Commissioner Heyman stated she was constantly being reminded by the media that she had voted against the Marlins Baseball Stadium project; however, she believed the Dolphins proposal was clearly different than the Marlins deal. She also noted the foregoing resolution was not only non-binding, but it would send a message to the Miami-Dade County Legislative Delegation urging them to advocate for the pursuit of investments to improve the stadium, and the process would consist of gathering the proper information and vetting it to determine whether the project was viable.

In response to Commissioner Heyman�s inquiry regarding what the current rate was in sports bed taxes levied on Miami-Dade County�s (MDC) mainland, Deputy Mayor Ed Marquez advised that the total rate collected in bed taxes was six percent (6%) and broken down into the following categories: 1) a Convention Development Tax rate of three percent (3%), which is collected throughout MDC, except in the cities of Surfside and Bal Harbour; 2) a Tourist Development Tax rate of two percent (2%), which is collected throughout MDC, except in the Cities of Surfside, Bal Harbour, and Miami Beach; and 3) a Professional Sports Tax rate of one percent (1%), which is collected throughout MDC, except in the Cities of Surfside, Bal Harbour, and Miami Beach.

Responding to Commissioner Heyman�s request for clarification, Mr. Marquez noted the current Professional Sports Tax rate was one percent (1%) and the proposed penny assessment would be levied on top of the current total six percent (6%) tax rate.

Commissioner Heyman summarized the intent of the foregoing resolution was to request the Florida Legislature to allow Miami-Dade County to increase its tax rate to 7 percent. She compared the County�s tax rate to other local governments, including Washington, D.C. at 14.5 percent; Atlanta, Georgia at 9 percent; and Philadelphia, Pennsylvania at 15.2 percent. She noted the second portion of the foregoing resolution would permit the State to grant a State sales tax rebate from the sale of goods and services at Sun Life Stadium in order to fund a portion of the costs expended for the upgrade and modernization of the stadium. Commissioner Heyman noted that every other sports franchise within the State of Florida, excluding Joe Robbie�s Miami Dolphins, had received a rebate from the State of Florida, including those areas that were not donor counties or did not incorporate conditions stipulating any terms of their engagement or involvement.

Mr. Dee confirmed that Commissioner Heyman was correct. He noted an effort was made to get that rebate in 1997, but it fell short. He also noted the aforementioned rebate is in place for improvements as it applied to Baseball, and eleven years remain before it is retired. He noted the Miami Dolphins were the first professional franchise in the State of Florida, and the owners did not pursue the sales tax rebate when it was available to them at that time.

Commissioner Heyman noted she supported this item, which only urged the State Legislature to allow the County to bump up the bed tax rate to an amount that was half the amount other counties across the nation were already receiving, and it would be used exclusively for professional sports venues and improvements. She reiterated that every other professional sports team in the State of Florida had received the sales tax rebate. She said she had concerns that Broward County would not be contributing towards the cost of improvements, but would receive a benefit from it, and said she would like to see the training camp moved to Dade County unless Broward County was willing to share in the costs. She also noted her concern regarding the Miami Beach Convention Center, and did not want this deal to infringe or compete with the funds to be used for the Convention Center. She asked that the Dolphins be specific in its commitment to pledge more.

Chairwoman Sosa recognized Mayor Oliver G. Gilbert III of the City of Miami Gardens to comment on this item.

Mayor Gilbert noted this item was already added to the City�s legislative agenda for a discussion and approval. He said he believed the proposed stadium improvements would be good for both the City and County and provide economic benefits for hotels, restaurants, and clubs on Miami Beach and throughout the County. He noted the City�s residents support the efforts to improve the stadium, which would allow for more concerts and Soccer events. He said he would not support a deal that was like the Marlin�s deal, and he trusted the County Commissioners and the Mayor ability to negotiate a better deal.

Commissioner Bell said she was surprised to learn how low the bed tax rates were in Miami-Dade County as compared to other counties across the nation. She asked if it was true that the additional penny levied in hotel bed taxes could only be used for sports venues.

Mayor Gimenez noted that was correct.

Commissioner Bell said she could never support reaching into the tax payers� pockets to fund a private enterprise; however, this resolution was just a step to enable the County to levy an additional penny of professional sports bed tax and permit the State to grant a State sales tax rebate. She asked if the Miami Dolphins was the only sports team that did not receive this rebate.

Deputy Mayor Marquez clarified that the Dolphins do not get the state sales tax rebate, but the County levies a one penny professional sports tax that has benefited professional sports venues within the County.

Commissioner Bell pointed out that the Sports Complex and Race Track in Homestead were built with those dollars. She said she understood the public�s skepticism, but noted this legislation would not finalize a plan or commit the County to use the bed tax to fund the improvements, and if approved, the deal would not include using Ad Valorum revenues.

Mayor Gimenez noted he would never propose such a deal.

Commissioner Bell said this is just one step in the process to levy an additional penny and it would not impact the Convention Center, plus, the extra penny would be paid by tourists, and the County would reap the benefits of it, with no impact to its taxpayers. She said because of that, she would have to consider this proposal.

Commissioner Edmonson noted her concerns may be premature, but she wanted to place them on the record anyway. She pointed out that hotels benefited the most from these events, and she would like to have a dialogue to ensure other local businesses, like caterers and merchandisers, were given an opportunity to benefit from these events, as well. She asked if the Dolphins franchise had discussed a plan for diversity or inclusion of minorities in the project, and were any percentages developed.

Mr. Dee noted, currently, the franchise was in a preliminary stage of estimating the costs of the project, and had not put forth much effort in developing specific construction documents, Request for Proposals (RFPs) or vendor outsourcing; however, they did have preliminary discussions with Mr. Bill Diggs of the Miami Dade Chamber regarding participation, and it was productive. He said they intend to keep the jobs local and generate all jobs associated with the stadium through local sub-contractors in MDC, and to meet with the Latin Builders Association as well, to ensure diversity.

Commissioner Edmonson noted her concern was she did not want to repeat the same mistakes made in the Marlins deal, and would push for more transparency in this deal. She also noted she believed the County Commission should have some say in the construction plans and the events to follow. She commented about the statement made that the County would contribute a maximum of $199 million and the Dolphins would contribute a minimum of $201 million, which sounded like 50/50 to her. She said she would like a commitment from the Dolphins to pledge more funding, and hoped they would be more sensitive to the local community and its economy. Commissioner Edmonson agreed with Commissioner Heyman�s comments that the training camp should be moved to Miami-Dade County, since Broward County would benefit from the facility and events, but was not contributing to this project. She suggested that both Florida Memorial and Saint Thomas Universities would be good locations for the camp.

Mayor Gimenez pointed out that he considered the current proposal as a starting point for negotiating a deal.

Commissioner Monestime expressed his support for the proposed resolution since it was non-committal and only an urging to the State Legislature. He noted he would not support any deal that duped the community and would give the Dolphin organization the benefit of the doubt in being a good partner and upholding their part of the agreement. He pointed out the generous investment made by the Dolphins to build the NFL Yet Center in Gwen Cherry Park, District 3, which is a sustaining project in the community. He said he would be looking for a true partnership in this deal that would invest and create jobs in the community.

Commissioner Diaz commended Commissioner Heyman on her comment that today�s (01/23) decision before the County Commission was not a difficult one based on the information before them. He noted Mr. Ross and Mr. Dee were men of their word and commented on his working relationship with them on the Miami-Dade Sports Commission. He stressed the need for Miami-Dade County to be competitive, and opined that other cities were building state-of-the-art sports facilities to take business away from this community and South Florida. He pointed out that sports events created a lot of jobs in the community, and the professional sports bed tax rates were much greater in other counties compared to MDC�s rates. Commissioner Diaz voiced his trust in having Mayor Gimenez as an active participant in the negotiations with the Dolphins� organization. He expressed his support for the Dolphins training camp to be relocated from Broward to Miami-Dade County and noted the importance of educating the residents of the county on this proposal.

Commissioner Zapata expressed support for this proposed resolution, noting it sent a message to Tallahassee that the County Commission believed in their community. He spoke about the County being at a disadvantage for not having world class infrastructures, which required some sacrifice and investment. He said he was committed to informing constituents in his district that this proposal was beneficial to the County over the long term. He expressed his confidence in Mayor Gimenez ability to negotiate on the County�s behalf with the Dolphins organization on this matter. He pointed out that most of what the Commission approved benefited private enterprises, and that was fine if it resulted in a good deal for the County.

Commissioner Suarez spoke about the community discord over the County�s participation in the Marlin�s Stadium deal. He asked for assurance that the Building Better Communities General Obligation Bond Program�s (GOB) funds would not be used for this proposal.

Commissioner Barreiro commented on the need for Mayor Gimenez and the executive branch to begin negotiations with the Dolphins� organization. He noted there is a value associated with major sports venues and facilities that could not be quantified, because it generated a lot of jobs and revenues in the community.

Chairwoman Sosa clarified that the motion to adopt the foregoing proposed resolution was made by Commissioner Jordan and seconded by Commissioner Moss.

Chairwoman Sosa opined it was unfair to judge the Dolphin�s proposal based on the Marlin Stadium situation. She spoke about the Miami Dolphin�s legacy in this community for over forty years and the need to move this proposal forward. She stressed the need for the County Commission to be provided with specific details on the proposal, and recommended that Broward County be included in the negotiations, if they reaped any economic benefits from this proposal. She also stressed that no property Ad Valorem taxes be used; that the percentage of private funding be identified; that proof of community benefits be identified; and that alternatives be created or the possibility of an NFL financing program be looked into, should this legislation not be approved by the State Legislature.

Chairwoman Sosa expressed concern with the State asking the County to adopt a resolution supporting an effort that should be the State�s responsibility, and encouraged Mayor Gimenez to devise an alternative proposal should the State not approve the proposed one penny bed tax increase.

Mayor Gimenez recommended the Commission support this resolution and noted he had a greater level of confidence in the Dolphins� organization. He stated he would begin talks with the Dolphins as soon as possible, and assured the Commission that any deal he negotiated with the Dolphins would be in the best interest of Miami-Dade County, have a clear public purpose, and a return on the investment. He indicated that prior to the negotiation process he would be seeking the assistance and expertise from consultants that dealt with similar issues throughout the country.

Mayor Gimenez commented on the need for a world class Convention Center and a sports facility; however, assured it would not be at the expense of County taxpayers. He noted any proposed financing for Sun Life Stadium improvements would be straightforward, and would not include any Ad Valorem taxes or county general funds.

Commissioner Jordan reiterated the action taken today (1/23) on the foregoing proposed resolution was non-binding. She spoke in support of this proposal and about the Dolphin�s financial commitment and their partnership, dedication and service to the entire community. She said �the Dolphins were a different kind of fish.� Commissioner Jordan commented that nothing prevented the Mayor from beginning negotiations with the Dolphins while the State considered this legislation. She concurred that the training camp should be relocated to Miami-Dade County and stressed the importance of educating the community on what this proposal was about and on the benefits that would be attained from it.

Hearing no further discussion, the Board proceeded to vote to adopt the foregoing proposed resolution as presented. 		 
11B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  130202 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 1) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocation was made from fiscal year (FY) 2012/13 District 1 Office Budget Funds as requested by Commissioner Jordan:

$5,000 to the City of Miami Gardens (In support of the 8th Annual Jazz in the Gardens Event)

Commissioner Jordan read into the record the following P-Card Purchase:

$314.17 for purchases related to District One Annual Toy Drive (Funds will be reimbursed to the office budget by sponsorship dollars received � Check #1229) 		 
11B2  
  130203 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 4) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 4 Office Budget Funds as requested by Commissioner Heyman:

$250 to Mothers Against Drunk Driving Miami-Dade County
$1,000 to Parks Foundation of Miami-Dade (In the Company of Women)
$2,000 to ING Miami Marathon 		 
11B3  
  130204 Report      
  REIMBURSEMENT FROM COMMUNITY-BASED ORGANIZATION -OFFICE ACCOUNT FUNDS (DISTRICT 4) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocations were reimbursed from Community Based Organization � District 4 Office Account Funds as requested by Commissioner Heyman:

$100 from Greater Miami Jewish Federation
$1,000 from NCJW of Greater Miami
$500 from Children�s Home Society
$500 from Voices for Children
$36 from CAJE
$50 from St. Rosa of Lima
$500 from Ayuda
$250 from David Lawrence Jr., J-8 Center Adopt �a-Class

For the record, Commissioner Heyman asked to be reimbursed $282.23 for expenses related to District 4 Holiday Give-away Event. 		 
11B4  
  130205 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 6) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocation was made from fiscal year (FY) 2012/13 District 6 Office Budget Funds as requested by Chairwoman Sosa:

$1,000 to Selective Recruiting (To sponsor a trip for Joe Diaz to visit various Universities) 		 
11B5  
  130206 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE OF THE CHAIR BUDGET FUNDS (DISTRICT 6) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocation was made from fiscal year (FY) 2012/13 District 6 Office of the Chair Budget Funds as requested by Chairwoman Sosa:

$486.62 for the cost of the Installation Ceremony 		 
11B6  
  130207 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 8) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 8 Office Budget Funds as requested by Vice Chair Bell:

$750 to the Greater Homestead/Florida City Chamber (For their 18th Annual Super Chili Cook-Off && Outhouse Race)
$1,000 to the Miami Dade County Parks Foundation (For their 25th Annual In the Company of Women benefitting Women�s Park and park programs throughout Miami-Dade County)
$1,000 to The Deering Estate Foundation (For their 9th Annual Deering Seafood Festival which will benefit the education, research, exhibits and collections, natural conservation and historical restoration and preservation of the Deering Estate)
$1,500 to the Voices for Children Foundation, Inc. (That will help advocate the best interests of children in Miami-Dade County who are abused, neglected, or abandoned and who are involved in dependency court proceedings)
$2,500 to the Zoological Society of South Florida (For the Feast with the Beasts benefit event) 		 
11B7  
  130208 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 9) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 9 Office Budget Funds as requested by Commissioner Moss:

$300 to Start Off Smart, Inc. (SOS) (To support services to families experiencing violence in the Homestead and Florida City area)
$300 to The BordesKohn Foundation, Inc. (For their 2013 Black History Celebration Sponsorship)
$400 to South Florida 4 U, Inc. (For their 1st Annual Step in for Haiti in remembrance of the�Earthquake in Haiti� 		 
11B8  
  130209 Report      
  ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 12) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 12 Office Budget Funds as requested by Commissioner Diaz:

$50 to the Greater Miami Chamber of Commerce
$500 to Miami-Dade League of Cities
$350 to the Bull Dog Debate Booster Club 		 
12 COUNTY MAYOR  
13 COUNTY ATTORNEY  
13A1  
  122514 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $119,500.00 IN COUNTY EMINENT DOMAIN PROCEEDINGS BY COUNTY ATTORNEY IN CONNECTION WITH THE ACQUISITION OF LAND FOR THE CONSTRUCTION OF A NEW PARK AND RIDE FACILITY ADJACENT TO THE NORTH SIDE OF SOUTHWEST 344TH STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 3RD AVENUE IN FLORIDA CITY AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS(County Attorney's Office) Adopted
Resolution R-68-13
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  130100 Resolution   Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING EXECUTION OF CONSENT AGREEMENT AND SETTLEMENT AGREEMENT WITH THE U.S. DEPARTMENT OF JUSTICE (''DOJ'') REGARDING ALLEGED VIOLATIONS IN DOJ FINDINGS LETTER DATED AUGUST 24, 2011(Corrections & Rehabilitation Department) Deferred to No Date Certain
Resolution R-291-13
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: Heyman , Barreiro , Suarez
  REPORT: Commissioner Diaz requested this resolution be deferred.

Chairwoman Sosa asked if the Administration objected to the request for a deferral.

Deputy Mayor Edward Marquez noted it was important for this agreement to be finalized; however, it was the Commissioner�s prerogative to request a deferral if he needed more time to work out any issues, and noted the matter had been ongoing for some time.

Chairwoman Sosa, on behalf of the Board, expressed appreciation to staff for being flexible in this matter. She noted it was important to establish a clear line of communication between the parties, and that Judge Steven Leifman needed to be at the table when this matter was discussed by the committee of jurisdiction.

Commissioner Diaz expressed appreciation to Board members and staff for considering his request. He noted that several issues had arisen that needed to be clarified and he had several questions that needed to be answered.

Hearing no further comments or questions, Board members proceeded to vote on this resolution as presented. 		 
14A2  
  122429 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING WAIVER OF COMPETITIVE BIDS; APPROVING AMENDMENT TO THE CONSTRUCTION CONTRACT BETWEEN MIAMI-DADE COUNTY AND SUFFOLK CONSTRUCTION COMPANY, INC. (SUFFOLK) FOR THE CONSTRUCTION OF THE CHILDREN'S COURTHOUSE RELATING TO DIVISION 17 WORK (INFORMATION TECHNOLOGY AND SECURITY ELEMENTS); AUTHORIZING SUFFOLK TO ADVERTISE, REVIEW BIDS, AND AWARD THE WORK; AUTHORIZING A REIMBURSEMENT TO THE CONTINGENCY ACCOUNT IN THE AMOUNT OF $80,000 UTILIZED TO DEFRAY THE SUFFOLK�S COST OF BIDDING THE WORK, AUTHORIZING THE MAYOR TO INCREASE THE CONTRACT TO FUND THE WORK IN AN AMOUNT NOT TO EXCEED $11,220,000; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AMENDMENT AND TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN BY TWO-THIRDS VOTE OF THE BOARD(Internal Services) Adopted
Resolution R-69-13
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 13 - 0
14A3  
  130101 Resolution     Dennis C. Moss        
  RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT THE SOUTH DADE GOVERNMENT CENTER, LOCATED AT 10710 SW 211 ST, ROOM 109, MIAMI, WITH STATE REPRESENTATIVE KIONNE L. MCGHEE, ESQ., FOR PREMISES TO BE UTILIZED AS A DISTRICT OFFICE; THE LEASE HAS TWO ADDITIONAL ONE YEAR RENEWAL PERIODS; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN Amended
  REPORT: (See Agenda Item 14A3 Amended; Legislative File No. 130148 for the amended version.)  
14A3 AMENDED  
  130148 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT THE SOUTH DADE GOVERNMENT CENTER, LOCATED AT 10710 SW 211 ST, ROOM 109, MIAMI, WITH STATE REPRESENTATIVE KIONNE L. MCGHEE, ESQ., FOR PREMISES TO BE UTILIZED AS A DISTRICT OFFICE; THE LEASE HAS TWO ADDITIONAL ONE YEAR RENEWAL PERIODS; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 130101] Adopted as amended
Resolution R-70-13
Mover: Dennis C. Moss
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Suarez , Souto
  REPORT: It was moved by Commissioner Moss that the Board adopt the foregoing proposed resolution. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 13-0.

Later in the meeting, it was moved by Commissioner Moss that this resolution be reconsidered for an amendment. The motion was seconded by Chairwoman Sosa, and upon being put to a vote, passed 11-0 (Commissioners Souto and Suarez were absent).

Subsequently, it was moved by Commissioner Moss that the foregoing proposed resolution be adopted as amended to allow this resolution to become effective upon the Mayor�s signature, waiving the 10-day veto period. The motion was seconded by Chairwoman Sosa, and passed by a vote of 11-0 (Commissioners Souto and Suarez were absent). 		 
14B1  
  130098 Report      
  BALLOT APPOINTMENTS TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY(Clerk of the Board) Withdrawn
  REPORT: See Agenda Item 14B1 Substitute; Legislative File No. 130114.  
14B1 SUBSTITUTE  
  130114 Report      
  BALLOT APPOINTMENTS TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY (MDX)(Clerk of the Board) Approved
  REPORT: Chairwoman Sosa announced, by ballot vote, the following individuals were appointed to the Miami-Dade County Expressway Authority:

� Maurice A. Ferre
� Alfredo L. Gonzalez
� Maritza Gutierrez
� Robert W. Holland
� Rick J. Rodriguez-Pina 		 
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  130045 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JANUARY 23, 2013(Clerk of the Board) Accepted as amended
Report
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
  REPORT: During consideration of changes to today's (1/23) agenda, County Attorney Cuevas noted it was his understanding that the foregoing proposed report should be added to the Pull List, as Chairwoman Sosa intended to amend the report to reassign the public hearing on Agenda Item 4A to the Wednesday, March 13, 2013 Public Safety and Animal Services Committee meeting at 9:30 a.m., instead of the Thursday, March 14, 2013 Economic Development and Port of Miami Committee meeting at 2:00 PM.  
15B2  
  130046 Report      
  COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD FEBRUARY 21, 2012 (REGULAR BCC MEETING) JULY 3, 2012 (REGULAR BCC MEETING) AUGUST 23, 2012 (SPECIAL MEETING - CRANDON PARK TENNIS CENTER) NOVEMBER 8, 2012 (COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) DECEMBER 4, 2012 (COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP)(Clerk of the Board) Approved
Report
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
15B3  
  130047 Report      
  RESOLUTION NO. 2012-28097 OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING OFFICIAL CERTIFICATE OF THE MIAMI-DADE CANVASSING BOARD FOR THE FINAL RESULTS OF THE NOVEMBER 6, 2012, SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING THE FINAL RESULTS THEREOF(Clerk of the Board) Accepted
Report
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
15B4  
  130050 Report      
  UPDATED 2013 MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS' CALENDAR TO REFLECT AN ADDITIONAL COMMITTEE DAY(Clerk of the Board) Approved as amended
Report
Mover: Audrey M. Edmonson
Seconder: Esteban L. Bovo, Jr.
Vote: 12 - 0
Absent: Barreiro
  REPORT: In order to accommodate the Chairwoman�s committee structure, the foregoing report was approved as amended to reflect an amendment to the 2013 BCC calendar to include a fourth day of meetings (Thursdays) during monthly committee weeks for the Land Use and Development Committee (LUDC) at 9:30 AM and the Economic Development and Port Miami Committee (EDPC) at 2:00 PM; and to reflect the following changes to the committee weeks in February, March, November and December 2013:

(1) The Transportation and Aviation Committee (TAC) meeting was rescheduled from Wednesday, February 13, 2013 to Friday, February 15, 2013 at 9:00 am;

(2) The Economic Development and Port Miami Committees (EDPMC) of March 14 and December 12, 2013 at 2:00 pm were rescheduled to begin at noon, immediately following the LUDC meetings, in order to accommodate the MPO meetings on those days;

(3) The Cultural Affairs and Recreation Committee was rescheduled from Monday, November 11, 2013 to Tuesday, November 12, 2013 at noon; and

(4) The Health and Social Services Committee was rescheduled from Monday, November 11, 2013 to Wednesday, November 13, 2013 at noon, because of the Columbus Day holiday. 		 
15B5  
  130087 Report      
  CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE COVENTRY STREET LIGHTING IMPROVEMENT SPECIAL TAXING DISTRICT ELECTION HELD ON JANUARY 10, 2013(Clerk of the Board) Accepted
Report
Mover: Audrey M. Edmonson
Seconder: Lynda Bell
Vote: 10 - 0
Absent: Jordan , Moss , Diaz
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15C1  
  130156 Report      
  NOMINATION FOR APPOINTMENT OF JESUS R. VAZQUEZ TO THE PLANNING ADVISORY BOARD Approved
Report
Mover: Sen. Javier D. Souto
Seconder: Esteban L. Bovo, Jr.
Vote: 11 - 2
No: Barreiro , Bell
  REPORT: It was moved by Commissioner Souto that the Board accept his nomination to appoint Jesus Vazquez to the Planning Advisory Board. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed 13-0.

Subsequently, it was moved by Commissioner Edmonson that the appointment of Jesus Vazquez be reconsidered. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed 11-1 (Commissioner Bell voted �No�), (Commissioner Suarez was absent).

The Board of County Commissioners accepted the foregoing nomination read into the record by Commissioner Souto, and waived the residency requirement. 		 
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15E MAYOR�S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
15F NON-AGENDA ITEMS  
15F1  
  122248 Ordinance     Lynda Bell        
  ORDINANCE RELATING TO ZONING; MODIFYING RESTRICTIONS RELATING TO DONATION COLLECTION BINS; AMENDING SECTION 33-19 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 121833] Reconsidered & Passed 11-0 & Second Reading Rescheduled for 2/5/13 BCC
Ordinance
Mover: Lynda Bell
Seconder: Rebeca Sosa
Vote: 11 - 0
Absent: Jordan , Suarez
  REPORT: The Board reconsidered this ordinance for the purpose of re-advertising it for second reading at a subsequent public meeting in order to amend it. This motion was seconded by Chairwoman Sosa, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Jordan and Suarez were absent).

Note: The foregoing Item was initially considered and adopted at the December 18, 2012 Board of County Commissioners Meeting. (See Agenda Item 7B; Legislative File No. 122248 of Legistar Meeting No. 3285) 		 
  11/15/2012 Forwarded to BCC with a favorable recommendation by the Infrastructure and Land Use Committee  
  12/4/2012 Deferred by the Board of County Commissioners  
  12/18/2012 Adopted as amended by the Board of County Commissioners  
 
  130141 Report      
  NON-AGENDA REPORTS FOR THE JAN 23, 2013 BCC MEETING
  REPORT: 1. Chairwoman Sosa acknowledged that prior to her taking office, and after Chairman Martinez left office, Commissioner Edmonson served as the acting Chair of the Board of County Commissioners (BCC). Chairwoman Sosa commended Commissioner Edmonson for her dedication and efforts as acting Chair of the BCC during this transitional period.

Vice Chair Bell commended Commissioner Edmonson on conducting herself in a professional and class act manner as the acting Chair.

Commissioners Moss, Souto, Jordan, Diaz, Monestime, Zapata, and Heyman commended Commissioner Edmonson for a wonderful and exemplary job she did as the acting BCC Chair, during some difficult times. Commissioner Moss also recognized and thanked former BCC Chair Joe Martinez for his services.

Mayor Gimenez noted from the perspective of the Administration, the transition went very smooth. He expressed appreciation to Commissioner Edmonson for her professionalism, for doing a superb job and for working well with the Administration.

Chairwoman Sosa expressed appreciation to her colleagues for joining her in this presentation to recognize Commissioner Edmonson and her efforts. 		 
16 ITEMS SCHEDULED FOR THURSDAY  
19 ADJOURNMENT  
3 CONSENT AGENDA  

4/20/2024       Agenda Key: 3294

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