FINAL OFFICIAL Miami-Dade Board of County Commissioners Minutes
	Tuesday, July 16, 2013 9:30:00 AM Commission Chambers
Disclaimer Minutes Definitions

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

1	MINUTES PREPARED BY:
	REPORT: Judy Marsh, Commission Reporter, (305) 375-1967
1A	INVOCATION AS PROVIDED IN RULE 5.05(G)
	REPORT: Chairwoman Sosa asked Sergeant-of-Arms, Michael Roan, to lead the invocation, and to present a special prayer for this community.
1B	ROLL CALL
	REPORT: In addition to the members of the Board present, the following staff persons were also present: Deputy Mayors Jack Osterholt and Edward Marquez; County Attorney Robert Cuevas; First Assistant County Attorney Abigail Price-Williams; Assistant County Attorney Lee Kraftchick; Clerk of the Board, Division Director Christopher Agrippa and Deputy Clerk Judy Marsh. Mayor Carlos Gimenez was also present. Chairwoman Sosa called the meeting to order at 9:50 a.m. She said that before beginning the meeting, she wished to commend this community. Chairwoman Sosa noted in the aftermath of the verdict in the Trayvon Martin case, the residents were increasingly embracing diverse and peaceful ways of expressing their feelings and rights. She expressed appreciation to the community for demonstrating that it had matured, and that even in the midst of pain it could set an example for the world. Chairwoman Sosa thanked Mr. J. D. Patterson Jr., Director, Miami-Dade Police Department; and Dr. Walter Richardson, Chair, Community Relations Board, for their to contain community tension.
1C	PLEDGE OF ALLEGIANCE
	REPORT: Chairwoman Sosa asked Sergeant-of-Arms, Paul Hernandez, to lead the Pledge of Allegiance.
1D	SPECIAL PRESENTATIONS (SCHEDULED TO BEGIN AT 8:30 AM)
1D1
	131474	Commendation	Sally A. Heyman
	PRESENTATION OF A COMMENDATION TO FIREFIGHTER REGAINNE GEORGES			Presented
	REPORT: Commissioner Heyman said that the Mayor, Chairwoman Sosa, and the commissioners had the privilege to honor Firefighter Regainne Georges. She noted a month ago, Disney made a nationwide presentation, Premiere of the Lone Ranger, and asked for examples of heroes who had made extraordinary efforts to save others; Firefighter Georges� name was put forth, and he received a national honor along with 14 other national heroes. Fire Chief David Downey, Miami-Dade Fire Rescue, noted Firefighter Georges epitomizes the firefighters in his department. He described an incident that occurred when Firefighter Georges was off duty, and encountered an Aventura Police Officer who was engaged in a hand-to-hand combat with a crazed suspect. Chief Downey noted apparently the officer had made an unsuccessful attempt to subdue the suspect with a taser, who was attempting to obtain the officer�s weapon. He said that without regard for his personal safety, Firefighter Georges rushed in to aid the officer; after which other police officers arrived and the crazed suspect was finally subdued. Chief Downey congratulated Firefighter Georges. Commissioner Heyman read a portion of the plaque that she presented to Firefighter Georges, and said that this was just an example of the courage of the firefighters in this community. She congratulated Firefighter Georges. Firefighter Georges thanked the commissioners and said that he appreciated the commendation. He noted it was his duty to help someone who was being brutalized, and was happy that he was able to make a difference.
1D2
	131475	Proclamation	Lynda Bell
	PRESENTATION OF A PROCLAMATION TO MR. IRWIN ADLER, PRINCIPAL OF DEVON AIRE K-8 CENTER, UPON HIS RETIREMENT FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS AFTER 42 YEARS OF SERVICE			Presented
	REPORT: Commissioner Bell said she wanted to recognize Mr. Irwin Adler, who had been an educator in the State of Florida for the past 42 years. She described Mr. Adler�s accomplishments as an educator, and noted for the past three years, he had been the Principal of Devon Aire K-8 Center; before that he was the Principal of Herbert Ammons Middle School, and both he and the school were awarded numerous district, State, and national recognitions. Commissioner Bell asked Mr. Adler to come forward and presented him with a proclamation for his years of service. Mr. Adler noted he enjoyed every minute of his career with the Dade County school system, and was honored to have had the opportunity to be a teacher, mentor, coach, and principal in this fine community.
1D3
	131477	Proclamation	Jose "Pepe" Diaz
	PRESENTATION OF A PROCLAMATION TO AL SUNSHINE ACKNOWLEDGING HIS 40 YEARS ON THE AIR IN SOUTH FLORIDA			Presented
	REPORT: Commissioner Diaz asked Mr. Al Sunshine to come forward. He said that Mr. Sunshine had covered major news stories throughout the years with insight and wisdom, and as such, he had been an asset to South Florida. Commissioner Diaz noted Mr. Sunshine came to South Florida in 1968 to study marine biology at the University of Miami, but was bitten by the journalism bug. He stated that since 1972, Mr. Sunshine had been on the airwaves. Commissioner Diaz thanked him for his excellent investigative news stories. Mayor Gimenez read the plaque proclaiming Tuesday, July 16, 2013, as �Al Sunshine day.� He congratulated Mr. Sunshine. Mr. Sunshine said that for 40 years he had been able to document the growth of this community, and the changes that had occurred in one of the foremost international capitals of the world. He noted there had been some difficult times; but more importantly, there had been the opportunity to work together to solve some issues affecting homes and families in this community. Mr. Sunshine sated that with the help of this Commission, notable progress had been made with regard to consumer protection laws, and food safety ordinances. He noted an opportunity existed for the political representatives and the media to be responsive to the needs of the community, to work cooperatively to move into the 22nd century, and propel this community to more national prominence. Mr. Sunshine emphasized that his work in this community was far from being over. Chairwoman Sosa expressed the community�s admiration for Mr. Sunshine and thanked him for the years which he spent helping others. Commissioner Bell thanked Mr. Sunshine for exposing issues that needed to be exposed, and for looking out for the consumer.
1D4
	131479	Proclamation	Sen. Javier D. Souto
	PRESENTATION OF A PROCLAMATION DECLARING JULY 16, 2013 AS ''DANNY PINO DAY''			Presented
	REPORT: Chairwoman Sosa noted Commissioner Souto was on his way, and had been delayed by bad weather. She asked Mr. Danny Pino to come forward along with his family members. She said that Mr. Pino was born and raised in Miami-Dade County; and moved to New York where he attended New York University�s acting program. Chairwoman Sosa noted Mr. Pino has enjoyed a successful career as an actor in film and television. She applauded him for his accomplishments, and expressed the community�s pride in him. Commissioner Bovo explained that Mr. Pino attended Florida International University, noting he was proud of him as a Miami native who went out and succeeded in the world. Chairwoman Sosa presented a plaque to Mr. Pino proclaiming July 16, 2014 as �Danny Pino Day,� and she asked the residents of Miami-Dade County to join her in recognizing him. Mr. Pino thanked his family, his friends, his teachers, his professors and the Roxy Theatre Group who were in attendance. He thanked the commissioners for this honor, and said he would not have wanted to be born and raised anywhere but in Miami.
1D5
	131480	Proclamation	Rebeca Sosa
	PRESENTATION OF A PROCLAMATION DECLARING JULY 16, 2013 AS ''BURN NOTICE DAY''			Presented
	REPORT: Chairwoman Sosa acknowledged the presence of Vice Mayor Jack Osterholt, and requested that the producers of Burn Notice join her. She said that for the last seven years, Burn Notice, had infused approximately $200,000,000 into the local economy, while employing thousands of cast, crew, and ancillary businesses, amounting to over 12,000 hotel room nights in Miami-Dade County. Chairwoman Sosa indicated that Burn Notice had been nominated for several prime-time Emmys, Screen Actors guild, and People Choice awards. She noted the program showcases the beauty of Miami, with its beaches, colonial constructions, modern buildings, and variety of people, and was recognized around the world as one of the most incredible programs. Chairwoman Sosa said because of the pride that this program had injected into this County, it was proper to acknowledge its cast, crew, and producers for their lasting contribution to this community. She presented them with a plaque proclaiming July 16 as �Burn Notice Day�. Vice Mayor Osterholt noted he was a fan who never missed an episode of Burn Notice, and said that he would miss the program greatly. He thanked the producers for all they had done for Miami and for entertainment in the United States; and he asked them to identify more projects to undertake in this community. Mr. Matt Nix noted when he first wrote the script for Burn Notice, he was told by the studio executives that they wanted Miami to be featured as a character in the program. He said that he had previously spent twelve hours in Miami before going on a cruise; therefore, he was familiar with some of the sites in the community. Mr. Nix noted over the past seven years, he had the opportunity to become better acquainted with the County, and he had come to love it. He said that he would miss this community greatly, and that he hoped to have another project here very soon. Mayor Gimenez thanked the producers for their wonderful program and for showcasing Miami. He said that he would be happy to be their host for any future program.
1E	CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)
1F	REPORTS OF OFFICIAL BOARDS
1G	MOTION TO SET THE AGENDA AND "PULL LIST"
	REPORT: County Attorney Robert Cuevas advised that the preliminary matters for today�s meeting were as follows: 1. Agenda Items 3B2 and 3B3, would be released as requested by Commissioner Bell; 2. Agenda Item 8F2, Commissioner Monestime requested to add this item to the pull list; 3. Agenda Item 8H2, Commissioner Diaz requested to add this item to the pull list; 4. Agenda Item 12A1, Chairwoman Sosa requested to add this item to the pull list; 5. Agenda Items 8K1, Commissioner Monestime requested to be added as an additional pulling commissioner for this item; 6. Agenda Item 11A1, Commissioners Diaz and Monestime requested to be added as additional pulling commissioners for these items; 7. Agenda Item 15A1, Commissioners Suarez and Monestime requested to be added as additional pulling commissioners for these items; 8. Agenda Item 11A2, Commissioner Diaz requested to be added as an additional pulling commissioner for this item; 9. Agenda Item 11A3, Commissioner Monestime requested to be added as an additional pulling commissioner for this item; and 10. Agenda Items 11A7 and 11A7 Substitute, the sponsor had requested to withdraw these items. County Attorney Cuevas announced that the items to be considered at today�s meeting would be those listed in the printed final agenda with the additions, deferrals, withdrawals, and scrivener�s errors noted in Chairwoman Sosa�s memorandum entitled �Changes for the July 16, 2012, BCC Meeting� to include those items he previously mentioned. The Board would vote on all these items by a single vote to set the agenda except for citizens� presentations; ordinances on first reading; public hearings; policy matters for discussion under Section 6B, and this included Item 6B1; ordinances on second reading; and those items listed in the final Pull List as follows: 8C3 and 8C3 Supplement, 8F2, 8G1, 8H2, 8K1, 11A1, 11A2, 11A3, 11A4, 11A8, 11A9, 12A1, 14A1, 14A2, 14A3, 14A4, 14A5, 14A6, 14A7, 15A1 and 15B1. He stated that a motion to set the agenda as stated was in order. Upon concluding all of the changes to today�s (7/16) agenda, it was moved by Commissioner Bell that the Board adopt the agenda with all of the changes read by the County Attorney. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 8-0; (Commissioners Edmonson, Barreiro, Moss, Souto and Zapata were absent).
1H	OFFICE OF COMMISSION AUDITOR
1H1
	131420	Report
	APPROVAL OF BOARD DIRECTIVES REPORT(Commission Auditor)			Approved Report Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
1I	OFFICE OF INTERGOVERNMENTAL AFFAIRS
2	MAYORAL ISSUES
2A	MAYORAL VETOES
2B	MAYORAL REPORTS
2C	OTHER ISSUES
3	CONSENT ITEMS
3A	COMMISSIONER CONSENT ITEMS
3A1
	131407	Resolution    Clerk's Official Copy	Xavier L. Suarez
	RESOLUTION APPROVING THE CITY OF SOUTH MIAMI CODESIGNATIONS OF CERTAIN MUNICIPAL STREETS WITHIN THE CITY OF SOUTH MIAMI IN HONOR OF CITY PIONEERS			Adopted Resolution R-604-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
3A1 SUPPLEMENT
	131468	Supplement
	SUPPLEMENTAL INFORMATION REGARDING RESOLUTION APPROVING THE CITY OF SOUTH MIAMI CO-DESIGNATIONS OF CERTAIN MUNICIPAL STREETS WITHIN THE CITY OF SOUTH MIAMI IN HONOR OF CITY PIONEERS(Clerk of the Board)			Presented
3A2
	131361	Resolution    Clerk's Official Copy	Esteban L. Bovo, Jr.
	RESOLUTION APPROVING ALLOCATION FROM THE FY 2012-13 DISTRICT 13 SHARE OF THE INTERNATIONAL PLAYERS CHAMPIONSHIP/2013 SONY OPEN TENNIS TOURNAMENT TRUST FUND			Adopted Resolution R-605-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
3B	DEPARTMENTAL CONSENT ITEMS
3B1
	131379	Resolution    Clerk's Official Copy
	RESOLUTION RELATED TO NORTH TERMINAL DEVELOPMENT CONTRACTS AT MIAMI INTERNATIONAL AIRPORT; RATIFYING ACTIONS TAKEN PURSUANT TO RESOLUTION NO. R-885-12 DURING THE PERIOD FROM JANUARY 1, 2013 THROUGH MARCH 31, 2013(Aviation Department)			Adopted Resolution R-606-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
3B2
	131341	Resolution    Clerk's Official Copy
	RESOLUTION RETROACTIVELY AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE ACTION TO APPLY FOR, RECEIVE AND EXPEND FEDERAL FUNDS FROM THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM FOR THE PURPOSE OF REIMBURSING THE COUNTY FOR COSTS INCURRED FOR THE INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS; AND TO FILE AND EXECUTE NECESSARY AMENDMENTS TO THE APPLICATION AS WELL AS SUCH CONTRACTS, AGREEMENTS, MEMORANDA OF UNDERSTANDING, MODIFY OR AMEND THE APPLICATION, IN ORDER TO RECEIVE ADDITIONAL FUNDS OR TO EXTEND THE PERFORMANCE PERIOD AS REQUIRED IF AWARDED(Corrections & Rehabilitation Department)			Adopted Resolution R-607-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
3B3
	131240	Resolution    Clerk's Official Copy
	RESOLUTION RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY THROUGH THE COMMUNITY IMAGE ADVISORY BOARD AND THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY TO PROVIDE FUNDING NOT TO EXCEED $145,000 ANNUALLY, FOR AN INITIAL ONE-YEAR TERM, RENEWABLE FOR UP TO THREE CONSECUTIVE ONE-YEAR TERMS, FOR A NEIGHBORHOOD ENHANCEMENT ACTION TEAM TO ENHANCE LANDSCAPING AND MAINTENANCE ACTIVITY CYCLES THROUGHOUT THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN(Parks, Recreation and Open Spaces)			Adopted Resolution R-608-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
4	ORDINANCES FOR FIRST READING
4A
	131277	Ordinance	Esteban L. Bovo, Jr.
	ORDINANCE AMENDING SECTION 2-8.5 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO LOCAL PREFERENCE AND LOCALLY HEADQUARTERED PREFERENCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Adopted on first reading Public Hearing: August 29, 2013 Ordinance Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 1 No: Monestime Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee on Thursday, August 29, 2013 at 2:00 PM. SPECIAL NOTE: During today's (7/16) County Commission meeting, the foregoing Committee meeting was cancelled.
	7/2/2013 Deferred by the Board of County Commissioners
	7/2/2013 Tentatively scheduled for a public hearing by the Board of County Commissioners
4B
	131401	Ordinance	Esteban L. Bovo, Jr. Lynda Bell
	ORDINANCE RELATING TO COMMERCIAL VEHICLE IDENTIFICATION; AMENDING SECTION 8A-276 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ELIMINATE REQUIREMENT THAT COMMERCIAL VEHICLE MARKINGS INCLUDE THE ADDRESS OF THE OWNER; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Adopted on first reading Public Hearing: August 29, 2013 Ordinance Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee on Thursday, August 29, 2013 at 2:00 PM. SPECIAL NOTE: During today's (7/16) County Commission meeting, the foregoing Committee meeting was cancelled.
4C
	131415	Ordinance	Sally A. Heyman Lynda Bell
	ORDINANCE AMENDING SECTION 30-388.2 OF THE MIAMI-DADE COUNTY CODE PROVIDING THAT, CONSISTENT WITH STATE LAW, PARKING CHARGES MAY BE IMPOSED ON VEHICLES DISPLAYING A DISABLED PARKING PERMIT OR LICENSE TAG AT ANY COUNTY AIRPORT OR SEAPORT UNDER SPECIFIED CIRCUMSTANCES, BUT THAT SUCH CHARGES MAY NOT BE IMPOSED FOR CERTAIN VEHICLES AS DEFINED IN SUCH STATE LAW; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Deferred to September 4, 2013 Ordinance Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	REPORT: The foregoing proposed ordinance was deferred to the September 4, 2013 BCC meeting at the request of Commissioner Heyman, the Prime Sponsor.
4D
	131426	Ordinance	Sally A. Heyman Lynda Bell Esteban L. Bovo, Jr. Jose "Pepe" Diaz Audrey M. Edmonson Barbara J. Jordan Dennis C. Moss Rebeca Sosa
	ORDINANCE AMENDING SECTIONS 8A-281, 8A-284-286, 11A-2, 33-1, 33-217 AND 33-247 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, SUBSTITUTING THE TERM ''INTELLECTUAL DISABILITY'' FOR THE TERMS ''MENTAL RETARDATION'' AND ''RETARDATION'', AND SUBSTITUTING THE TERM ''PERSONS WITH INTELLECTUAL DISABILITIES'' FOR THE TERM ''THE MENTALLY RETARDED''; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE			Adopted on first reading Public Hearing: August 26, 2013 Ordinance 13-83 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health & Social Services Committee on Monday, August 26, 2013 at 2:00 PM.
4E
	131421	Ordinance	Barbara J. Jordan Esteban L. Bovo, Jr. Jean Monestime
	ORDINANCE RELATING TO REDEVELOPMENT OF THE OPA-LOCKA COMMUNITY REDEVELOPMENT AREA GENERALLY BOUNDED ON THE NORTH BY NW 151 STREET, ON THE WEST BY THE OPA-LOCKA EXECUTIVE AIRPORT, ON THE SOUTH BY THE TRI-RAIL CORRIDOR, AND ON THE EAST BY A CONSTRUCTED STORM-WATER LAKE MANAGED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; ESTABLISHING REDEVELOPMENT TRUST FUND; PROVIDING FOR APPROPRIATION OF FUNDS AND CALCULATION OF INCREMENT FOR DEPOSIT INTO FUND; SETTING FORTH OBLIGATION TO APPROPRIATE TO FUND AND DURATION OF OBLIGATION; PROVIDING FOR LIMITED COUNTY APPROVAL OF DEBT; PROVIDING FOR REVIEW OF FINANCIAL RECORDS AND RIGHT OF AUDIT; PROVIDING FINDING OF PUBLIC PURPOSE; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM 5C)			Adopted on first reading Public Hearing: August 26, 2013 Ordinance 13-94 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Health & Social Services Committee on Monday, August 26, 2013 at 2:00 PM.
4F
	131292	Ordinance
	ORDINANCE AMENDING ORDINANCE NO. 09-19 RELATING TO VERANDA SUBDIVISION MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT EXPANDING THE DISTRICT�S BOUNDARIES TO INCLUDE CONTIGUOUS PROPERTY TO THE NORTH, IN ACCORDANCE WITH CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AND PROVIDING AND EFFECTIVE DATE(Public Works & Waste Management)			Adopted on first reading Public Hearing: September 4, 2013 Ordinance Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Board of County Commissioners meeting on Wednesday, September 4, 2013 at 9:30 AM.
4G
	131444	Ordinance	Dennis C. Moss Lynda Bell Audrey M. Edmonson Rebeca Sosa
	ORDINANCE CREATING SECTION 12-26 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO COSTS OF SPECIAL ELECTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Adopted on first reading Public Hearing: August 29, 2013 Ordinance 13-84 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee on Thursday, August 29, 2013 at 2:00 PM. SPECIAL NOTE: During today's (7/16) County Commission meeting, the foregoing Committee meeting was cancelled.
4H
	131452	Ordinance	Rebeca Sosa Lynda Bell
	ORDINANCE AMENDING CHAPTER 10 OF THE MIAMI-DADE COUNTY CODE, AMENDING SECTION 10-13 ESTABLISHING MANDATORY LAWS AND RULES TRAINING FOR CERTIFICATE HOLDERS, AND CREATING REINSTATEMENT PROCEDURES FOR NULL AND VOID LICENSES, AMENDING SECTION 10-20 REGARDING THE CONSTRUCTION TRADES QUALIFYING BOARD ''A'' DIVISION ORGANIZATION AND AMENDING QUORUM REQUIREMENTS FOR BOARD MEETINGS, PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Adopted on first reading Public Hearing: August 29, 2013 Ordinance 13-86 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 10 - 0 Absent: Edmonson , Barreiro , Diaz
	REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee on Thursday, August 29, 2013 at 2:00 PM. SPECIAL NOTE: During today's (7/16) County Commission meeting, the foregoing Committee meeting was cancelled.
5	PUBLIC HEARINGS (Scheduled for 9:30 a.m.)
5A
	131398	Resolution    Clerk's Official Copy	Xavier L. Suarez
	RESOLUTION CODESIGNATING SW 84 STREET FROM SW 54 AVENUE TO SW 57 AVENUE AS �OLLA WAY� IN HONOR OF OUR LADY OF LOURDES ACADEMY			Adopted Resolution R-609-13 Mover: Xavier L. Suarez Seconder: Sally A. Heyman Vote: 11 - 0 Absent: Edmonson , Zapata
	REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item and Agenda Item 5A Supplement. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution and its supplement, as presented.
5A SUPPLEMENT
	131449	Supplement
	SUPPLEMENTAL INFORMATION ON RESOLUTION CODESIGNATING SW 84 STREET FROM SW 54 AVENUE TO SW 57 AVENUE AS 'OLLA WAY' IN HONOR OF OUR LADY OF LOURDES ACADEMY (OLLA)(Clerk of the Board)			Presented
5B
	131179	Ordinance    Clerk's Official Copy
	ORDINANCE AUTHORIZING ISSUANCE OF NOT TO EXCEED $885,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE BONDS, IN MULTIPLE SERIES, AS ADDITIONAL BONDS UNDER SECTION 207 OF ORDINANCE NO. 88-66, FOR PURPOSE OF FINANCING CERTAIN ADDITIONAL IMPROVEMENTS AND CAPITAL EXPENDITURES RELATING TO SEAPORT; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING TO NEW MONEY BONDS BE DETERMINED IN SERIES RESOLUTIONS; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE (SEE AGENDA ITEM NO. 5C)(Finance Department)			Adopted Ordinance 13-74 Mover: Bruno A. Barreiro Seconder: Lynda Bell Vote: 12 - 0 Absent: Edmonson
	REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.
	6/18/2013 Tentatively scheduled for a public hearing by the Board of County Commissioners
	6/18/2013 Adopted on first reading by the Board of County Commissioners
5C
	131251	Resolution
	RESOLUTION AUTHORIZING ISSUANCE OF NOT TO EXCEED $360,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE BONDS, IN ONE OR MORE SERIES, PURSUANT TO SECTION 207 OF MASTER ORDINANCE, TO PAY COSTS OF CERTAIN ADDITIONAL IMPROVEMENTS AND CAPITAL EXPENDITURES; AUTHORIZING ISSUANCE OF NOT TO EXCEED $35,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE REFUNDING BONDS, IN ONE OR MORE SERIES, PURSUANT TO SECTION 208 OF MASTER ORDINANCE, TO REFUND ALL OR A PORTION OF OUTSTANDING SERIES 1995 BONDS AND SERIES 1996 BONDS, WITH ESTIMATED NET PRESENT VALUE SAVINGS OF 9.87%, ESTIMATED COSTS OF ISSUANCE OF $352,620.00 AND ESTIMATED FINAL MATURITY OF OCTOBER 1, 2026; APPROVING ISSUANCE OF BONDS AFTER PUBLIC HEARING AS REQUIRED BY SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR CERTAIN DETAILS OF BONDS AND THEIR SALE BY NEGOTIATION; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE, WITHIN CERTAIN LIMITATIONS AND RESTRICTIONS, TO FINALIZE DETAILS, TERMS AND OTHER PROVISIONS OF BONDS, THEIR NEGOTIATED SALE AND REFUNDING OF REFUNDED BONDS; APPROVING FORMS OF AND AUTHORIZING EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS; PROVIDING CERTAIN COVENANTS; AUTHORIZING COUNTY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH ISSUANCE, SALE, EXECUTION AND DELIVERY OF BONDS AND REFUNDING OF REFUNDED BONDS; AND PROVIDING SEVERABILITY [SEE AGENDA ITEM NO. 5B](Finance Department)			Amended
	REPORT: See Agenda Item 5C Amended, Legislative File No. 131583 for the amended version.
5C AMENDED
	131583	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING ISSUANCE OF NOT TO EXCEED $360,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE BONDS, IN ONE OR MORE SERIES, PURSUANT TO SECTION 207 OF MASTER ORDINANCE, TO PAY COSTS OF CERTAIN ADDITIONAL IMPROVEMENTS AND CAPITAL EXPENDITURES; AUTHORIZING ISSUANCE OF NOT TO EXCEED $35,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE REFUNDING BONDS, IN ONE OR MORE SERIES, PURSUANT TO SECTION 208 OF MASTER ORDINANCE, TO REFUND ALL OR A PORTION OF OUTSTANDING SERIES 1995 BONDS AND SERIES 1996 BONDS, WITH ESTIMATED NET PRESENT VALUE SAVINGS OF 9.87%, ESTIMATED COSTS OF ISSUANCE OF $352,620.00 AND ESTIMATED FINAL MATURITY OF OCTOBER 1, 2026; APPROVING ISSUANCE OF BONDS AFTER PUBLIC HEARING AS REQUIRED BY SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR CERTAIN DETAILS OF BONDS AND THEIR SALE BY NEGOTIATION; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE, WITHIN CERTAIN LIMITATIONS AND RESTRICTIONS, TO FINALIZE DETAILS, TERMS AND OTHER PROVISIONS OF BONDS, THEIR NEGOTIATED SALE AND REFUNDING OF REFUNDED BONDS; APPROVING FORMS OF AND AUTHORIZING EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS; PROVIDING CERTAIN COVENANTS; AUTHORIZING COUNTY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH ISSUANCE, SALE, EXECUTION AND DELIVERY OF BONDS AND REFUNDING OF REFUNDED BONDS; AND PROVIDING SEVERABILITY [SEE ORIGINAL ITEM UNDER FILE NO. 131251](Finance Department)			Adopted as amended Resolution R-610-13 Mover: Sally A. Heyman Seconder: Lynda Bell Vote: 12 - 0 Absent: Edmonson
	REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Vice Mayor Edward Marquez noted the County Administration wished to raise the TIC limit from 5.25 percent to 5.75 percent. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution as amended, to raise the TIC limit from 5.25 percent to 5.75 percent.
5D
	131340	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING A CLASS I PERMIT APPLICATION BY MIAMI-DADE COUNTY TO TRIM AND ALTER MANGROVES IN A COASTAL BAND COMMUNITY AND TO PERFORM NON-MAINTENANCE DREDGING AND FILLING OF TIDAL WATERS AND HALOPHYTIC WETLANDS AT HAULOVER BEACH PARK, MIAMI-DADE COUNTY, FLORIDA(Regulatory and Economic Resources)			Adopted Resolution R-611-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 11 - 0 Absent: Edmonson , Bovo, Jr.
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5E
	131380	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING A CLASS I PERMIT APPLICATION AND REQUEST FOR A VARIANCE FROM SECTION 24-48.24 OF THE CODE OF MIAMI-DADE COUNTY BY T.B.C. CONDOMINIUM ASSOCIATION, INC. FOR AFTER-THE-FACT AUTHORIZATION OF A NON-WATER-DEPENDENT CANOPY AT 1880 SOUTH TREASURE DRIVE, NORTH BAY VILLAGE, MIAMI-DADE COUNTY, FLORIDA(Regulatory and Economic Resources)			Adopted Resolution R-612-13 Mover: Sally A. Heyman Seconder: Lynda Bell Vote: 10 - 0 Absent: Monestime , Edmonson , Zapata
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5F
	131399	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING AN APPLICATION BY THE CITY OF CORAL GABLES FOR A CLASS I PERMIT TO CONSTRUCT A FIXED PEDESTRIAN BRIDGE SPANNING THE CORAL GABLES WATERWAY AT GRANADA BOULEVARD BETWEEN JERONIMO DRIVE AND ORDUNA DRIVE, CORAL GABLES, MIAMI-DADE COUNTY, FLORIDA(Regulatory and Economic Resources)			Adopted Resolution R-613-13 Mover: Xavier L. Suarez Seconder: Rebeca Sosa Vote: 10 - 0 Absent: Monestime , Edmonson , Zapata
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5G
	131091	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING THE PLAT OF WALMART GOULDS, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 56 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY SW 211 STREET, ON THE EAST APPROXIMATELY 600 FEET WEST OF SW 112 AVENUE, ON THE SOUTH BY THE C-1 CANAL, AND ON THE WEST BY STATE HIGHWAY # 5 / US 1)(Regulatory and Economic Resources)			Adopted Resolution R-614-13 Mover: Dennis C. Moss Seconder: Juan C. Zapata Vote: 10 - 0 Absent: Monestime , Edmonson , Diaz
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5H
	131348	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING THE PLAT OF REGENCY POINTE, LOCATED IN THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 53 SOUTH, RANGE 41 EAST (BOUNDED ON THE NORTH BY NW 81 STREET, ON THE EAST BY NW 19 AVENUE, ON THE SOUTH BY NW 79 STREET, AND ON THE WEST APPROXIMATELY 85 FEET EAST OF NW 21 AVENUE)(Regulatory and Economic Resources)			Adopted Resolution R-615-13 Mover: Dennis C. Moss Seconder: Juan C. Zapata Vote: 11 - 0 Absent: Monestime , Edmonson
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5I
	131349	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING THE WAIVER OF PLAT OF JORGE, AMPARO AND ISABEL DEL PINO, D-23374, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 56 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 200 FEET SOUTH OF SW 226 STREET, ON THE SOUTHEAST BY US NO. 1/STATE ROAD NO. 5, ON THE SOUTH APPROXIMATELY 330 FEET NORTH OF SW 228 STREET, AND ON THE NORTHWEST BY THE BUSWAY)(Regulatory and Economic Resources)			Adopted Resolution R-616-13 Mover: Dennis C. Moss Seconder: Juan C. Zapata Vote: 11 - 0 Absent: Monestime , Edmonson
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5J
	131150	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING THE WAIVER OF PLAT OF SPLATT HOLDINGS, LLC, D-23301, LOCATED IN THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 55 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 500 FEET SOUTH OF SW 136 STREET, ON THE EAST APPROXIMATELY 2310 FEET WEST OF SW 152 AVENUE, ON THE SOUTH BY THE CSX RIGHT-OF-WAY, AND ON THE WEST BY THE C-1W CANAL)(Regulatory and Economic Resources)			Adopted Resolution R-617-13 Mover: Dennis C. Moss Seconder: Juan C. Zapata Vote: 11 - 0 Absent: Monestime , Edmonson
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5K
	131434	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING THE PLAT OF CHURCH OF THE ROCK SUBDIVISION, LOCATED IN THE SW 1/4 OF SECTION 18, TOWNSHIP 56 SOUTH, RANGE 40 EAST (BOUNDED ON THE NORTH BY SW 224 STREET, ON THE EAST BY SW 112 AVENUE, ON THE SOUTH BY SW 226 STREET, AND ON THE WEST APPROXIMATELY 100 FEET EAST OF SW 113 COURT)(Regulatory and Economic Resources)			Adopted Resolution R-618-13 Mover: Dennis C. Moss Seconder: Juan C. Zapata Vote: 11 - 0 Absent: Monestime , Edmonson
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing item. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
5L
	131436	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 PROFESSIONAL EMPLOYEES UNIT(Internal Services)			Deferred to August 29, 2013 Resolution R-648-13 Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
	REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution and Agenda Item 5N into the record. Chairwoman welcomed former Coral Gables Mayor Donald Slesnick to today�s (07/16) County Commission meeting. Chairwoman Sosa opened the public hearing and called for persons wishing to speak on this proposed resolution. She noted the speakers would be given 30 minutes to make their presentations. Mr. Donald Slesnick, attorney representing the Government Supervisors Association of Florida, (GSAF) OPEIU, Local 100 Professional Employees Unit, 2701 Ponce-de-Leon Boulevard, Coral Gables, FL, appeared before the County Commission regarding the impasse between the County and the GSAF relating to the continuation of a one pay step reduction to the Night Shift Differential negotiated in 2011. He acknowledged the presence of Mr. Greg Blackman, GSAF President and Miami-Dade Transit Supervisor; Mr. Otto Castillo, GSAF Vice President and Miami-Dade Water and Sewer Department Supervisor; and Mr. Walter Clarit, GSAF officer and Miami-Dade Transit Supervisor. Mr. Slesnick recalled the concessions that employees previously agreed to as well as a one pay step reduction to the Night Shift Differential for non-exempt supervisors and professional employees who worked the night shift. He noted this was the same unit that was possibly about to lose approximately 250 employees. Mr. Slesnick said that rank and file employees received a two pay step Night Shift Differential while their supervisors received a one pay step, and he requested that the County Commission reinstate the two pay step Night Shift Differential. He noted he would support the Commission hearing presentations from the other unions before making a decision on the GSAF�s request. Mr. Greg Blackman, GSAF President, said that the employees who were seeking reinstatement of the two pay step Night Differential maintained the County�s operations between 6:00 p.m. and 6:00 a.m., and he urged the County Commission to provide these employees parity with their subordinates. He requested that the County Commission reinstate the full Night Shift Differential pay for professional and supervisory employees, effective October 1, 2013. Mr. Blackman also requested to yield his remaining time on this item and on Agenda Item 5N to the AFSCME Solid Waste employees. Chairwoman Sosa noted she could not grant Mr. Blackman�s request to yield his time. Mr. Blackman introduced GSAF Treasurer Walter Clarit; and First Vice President, Otto Castillo. In response to Chairwoman Sosa�s inquiry regarding the impact of reinstating the Night Shift Differential pay on the proposed budget, Mayor Gimenez said the impact would be approximately $800,000 dollars. He noted the issue involved the �me-too� clauses, whereby if one union received a benefit then the other unions would also request it. Mayor Gimenez said that he had prepared an opening statement on this issue. Responding to Mr. Slesnick�s statement that he was informed the impact would be $601,958, Mayor Gimenez noted he was advised that reinstating the Night Shift Differential pay would have an impact of $897,000 on the proposed budget; however, he would request clarification. Chairwoman Sosa requested guidance from the County Attorney�s office in addressing this Impasse item. Assistant County Attorney Lee Kraftchick advised that the County Commission could resolve whether the Union obtained the concession they were seeking; or could facilitate further negotiations if the Union desired. He noted the Commission was required to resolve the impasse issue. Commissioner Jordan inquired whether any of the other unions had agreed to the Night Shift Differential concession; and whether the amount quoted by Mayor Gimenez was applicable only to GSAF or was it the collective amount. Mr. Michael Snyder, Director, Labor Management and Compensation, confirmed that several other shift differential issues were outstanding among other bargaining units. He noted the impact of reinstating the Night Shift Differential for the GSAF professional and supervisory units was approximately $900,000. Mr. Snyder said that the breakdown for the other unions were as follows: American Federation of State, County and Municipal Employees (AFSCME) Local 3292, approximately $50,000; and the Dade County Police Benevolent Association, approximately $10 million. Commissioner Monestime noted his understanding that the five percent healthcare contribution issue was also not resolved, and he questioned why both issues were not being addressed simultaneously. In response to Commissioner Monestime�s inquiry, Mayor Gimenez noted he had an opening statement which would clarify the issues. Mayor Gimenez said that before the County Commission today (07/16) were six impasse items between the County Administration and several unions related to the contract reopeners contained within the Collective Bargaining Agreements (CBAs). He noted the County was currently in its second year and beginning the third year of a three-year CBA. He recalled the negotiations with the unions which led to a rollback of taxes to the benefit of Miami-Dade County citizens and noted although the economy had improved, the community had still not recovered from the challenging economic conditions over the past two years. Mayor Gimenez noted the original negotiations with each bargaining unit were even-handed and carried out in good faith as the Administration sought the dollar equivalent of reductions to merit and longevity benefits from each union. He said that the number of concessions for each union was different as the unions were given the discretion to develop their share of the concessions needed to balance the budget. Mayor Gimenez indicated that as the Administration negotiated for the concessions the unions wanted reopeners within the CBAs for the return of selected concessions, should economic conditions improve, which the Administration believed was reasonable. He noted before the State of Florida increased Medicaid costs and contributions to the Florida Retirement System, the Administration had been hoping to reinstate some, if not all of these concessions to employees. Mayor Gimenez said that the single, biggest concession from all of the unions was the five percent healthcare insurance contribution. He noted each of the unions had a �me-too� clause regarding the return of all or a portion of the five percent healthcare contribution; therefore, if the five percent was returned to one union it would have to be returned to all of the unions. Mayor Gimenez advised that the total cost of returning the five percent healthcare contribution would be $55 million for Fiscal Year (FY) 2013-14 and $74 million for FY 2014-15, as for the first quarter, most of the unions would still pay for the five percent contribution and it would drop off in January. He noted some of the unions may be asking for total, or partial reinstatement of their other concessions, and those requests would be problematic to grant as several of the unions had �me-too� provisions which would trigger a cascading effect on the return of these other benefits. Mayor Gimenez said that this would result in increased costs to the County for FY 2013-14 which the County could not afford. He stated that all of the costs associated with the other concessions amounted to an additional $20.8 million. Mayor Gimenez said that personally, he would like to be able to reinstate the five percent healthcare contributions and other concessions to employees; however, the Miami-Dade community had not recovered from the great recession. He noted if the choice was between raising taxes when the public could not afford it, versus increasing employee salaries and benefits, he would always choose to protect the taxpayers. Mayor Gimenez stated that the Administration concluded that the County could not afford the reinstatement of these concessions without tax increases or additional service cuts, and therefore, declared impasse. He also stated that pursuant to the CBA the time for negotiations had expired. Mayor Gimenez noted these impasse items were before the Commission today because the unions requested, and the CBAs called for, impasse resolution by the Commission by the second meeting in July 2013, as this would facilitate the Commission to set the County millage rates high enough to pay for these concessions. Mayor Gimenez pointed out that he was not in favor of doing any of this and the actions being proposed did not harm the employees. He emphasized that he was not asking for any additional concessions, but would not raise taxes or further reduce services in order to increase employee benefits at this time. Mayor Gimenez recalled that last year the Commission reinstated four percent of the original nine percent healthcare contributions to the majority of employees, against his recommendation, and the budgetary impact of that decision this year would be approximately $50 million. Mayor Gimenez said that the unions requested Clerk of Courts Harvey Ruvin to conduct an audit of the Health Insurance Fund. He noted Clerk Ruvin agreed to solicit an audit and expected to have the results of the audit by August 30, 2013. Mayor Gimenez said that the Administration would provide any and all information requested by the auditor expeditiously; however, it expected the auditor to concur with the following facts: 1) all monies that were in the Fund had been subject to audit every year; 2) since the County became fully self-insured in 2008 no money had been removed for anything other than health insurance cost; 3) the mechanics of funding the Health Insurance Fund required the Administration to forecast premiums and healthcare disbursements over a two-year timeframe which required long-term projections; and 4) there were two reserves in the Fund, one of which amounted to approximately two months of estimated insurance claims of approximately $60 million to $70 million as of FY 2012, and one reserve for Other Post-Employment Benefits (OPEB) which amounted to approximately $30 million at the end of FY 2012. Mayor Gimenez explained that the OPEB reserve was intended to cover future liability of the County subsidizing retiree health insurance and health benefits. He noted projections for calendar year 2014 indicated that the County could meet this reserve target, assuming that all medical trends remained as they were. Mayor Gimenez said that in order to accomplish this, the Administration increased the employer contribution to the Self-Insurance Fund by 25 percent, a $39 million impact to the County budget; while employees� healthcare contribution remained at five percent. He noted this was done so as not to further burden the taxpayers or the employees. Mayor Gimenez pointed out that healthcare expenditures were extremely volatile, and implementation of the Affordable Care Act created more uncertainty and volatility. He noted a shortfall in the Self-Insurance Fund would result in a burden to taxpayers, and he reiterated that he would always choose to protect the taxpayers. Mayor Gimenez stated that AFSCME Local 3292 Solid Waste Employees was the only union before the Commission today with the impasse on the five percent health insurance contribution, and this union had requested deferral of this impasse resolution pending the results of the audit commissioned by Clerk Ruvin. He noted the Administration was requesting the County Commission to resolve the five percent healthcare contribution, and all other concession items brought by Solid Waste and other unions today (07/16), in order to finalize these negotiations. Mayor Gimenez reiterated that the Administration�s proposal was not seeking additional concessions from employees. In response to Chairwoman Sosa�s inquiry, Ms. Jennifer Moon, Budget Director, Office of Management and Budget, confirmed that the five percent healthcare contribution was not applicable to the Fire Department because it had its own self-funded health insurance. She noted the Fire Union received a transfer that was equivalent to the employer contribution and it charged a premium to its members to make up the difference. In response to Chairwoman Sosa�s question as to whether the County had ever prohibited any of the other unions from having their own health insurance, Mayor Gimenez noted it was his understanding that the Police Benevolent Association once had its own health insurance and then came back to the County�s health insurance. Responding to Mayor Gimenez� statements, Mr. Slesnick clarified that no pay raises were granted to the GSAF members by the previous County Administration; the GSAF was before the Commission solely on the extra step in the Night Shift Differential, which did not include a �me-too� clause; and this contract did not include a �me-too� clause on the five percent healthcare contribution. Mr. Slesnick noted the five percent contribution may not be a new giveback but was an additional year of sacrifice, and employees were also taxpayers. He expressed appreciation to the County Commission for giving back the four percent last year; however, he pointed out, that was not an addition but a reinstitution of what used to be part of the employees� pay. Mr. Slesnick urged the Commission to consider reinstating the extra step on the Night Shift Differential. Chairwoman Sosa closed the public hearing after no one else appeared wishing to speak. Commissioner Monestime said that he was in favor of hearing all the unions before continuing with his comments and questions. Chairwoman Sosa requested and the Commission members agreed that presentations be made by all the unions, followed by discussion among the Commission members. Deputy Mayor Edward Marquez noted Labor Management and Compensation Director Michael Snyder would like to correct a statement made by Mr. Slesnick regarding the �me-too� clause in the GSAF contract. Mr. Snyder read a provision under the group health insurance in Article 38 of the GSAF�s contracts regarding the �me-too� clause. He noted the five percent healthcare contribution could be interpreted as a premium issue and Article 38 was considered a �me-too� provision. Mr. Slesnick noted he had never been told in any negotiations, nor had he proposed that the five percent healthcare contribution should be considered a �me-too� provision. Mayor Gimenez said that the issue was not whether the GSAF�s contracts included a �me-too� clause, but that other unions had �me-too� clauses in their contracts; thus, any benefit that was returned to the GSAF, would have to be returned to the other unions as well. Chairwoman Sosa asked Mayor Gimenez to provide a report on the employees who served as union representatives at the end of the presentations.
5M
	131437	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, SOLID WASTE EMPLOYEES, LOCAL 3292(Internal Services)			Deferred to August 29, 2013 Resolution Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
	REPORT: Assistant County Attorney Lee Kraftchick read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing on the foregoing proposed resolution. Mr. Manny Anon, Jr., representing AFSCME Local 3292, Solid Waste Department, appeared before the County Commission. Chairwoman Sosa requested a Point of Personal Privilege on behalf of Commissioner Bovo. Commissioner Bovo introduced Ms. Maruchi Mendez, whose son, a former Florida International University student and baseball player, died as a result of a cardiac arrest. He noted Agenda Item 11A4, urging the Florida Legislature to enact legislation to require electrocardiograms of Florida High School student athletes as part of their pre-participation physical evaluations, was approved earlier in today�s (07/16) meeting; however, he wanted to allow Ms. Mendez a brief opportunity to address the Commission. Ms. Mendez expressed appreciation to Commissioner Bovo and to County Commission Chairwoman Sosa for allowing her to address the Commission. She noted her son died of sudden cardiac death (SCD) due to undetected cardiomyopathy, which was the number one cause of death for all student athletes. Ms. Mendez thanked the Commission for adopting Agenda Item 11A4 and noted this legislation must be adopted and require mandatory testing of all student athletes. She requested the Commission�s continued support in her efforts to raise awareness of SDC at the legislative level. Vice-Chairwoman Bell assumed the Chair. Mr. Anon said that before he began his presentation he wanted to state some objections for the record. He noted Local 3292 and Local 199 had filed an Unfair Labor Practice (ULP) regarding the lack of negotiations within the past two days. Mr. Anon advised that whatever was said today, Local 3292 was not waiving its legal position as it related to the ULP. Mr. Anon expressed concern regarding Chairwoman Sosa�s position that one union could not concede its time to another union. He noted Local 3292 had waived its right to go before the Public Employees Relations Commission (PERC) in order to present its position to the County Commission, and for the Commission to decide the Union�s issues timely and with merit. Mr. Anon said that he would not be able to make his presentation in 30 minutes, and asked the Chair to reconsider allowing him additional time. He pointed out that seven articles were at Impasse as well as the five percent healthcare contribution, and Local 3292 had not waived its right to time limits in negotiating that issue. Mr. Anon also referred to a clause in the Union�s contract which allowed for mediation before coming to the County Commission. He noted the County technically declared an Impasse on July 3, 2013, which became official on July 8, 2013; and a letter was sent to the County on July 9th stating that Local 3292 wanted to proceed with mediation and requesting the County to send a list, which Local 3292 had not yet received. Mr. Anon said that he was not waiving any of these issues and asked the Chair and the Commission to reconsider their position and allow him at least one hour to make his presentation. Vice-Chair Bell noted everyone else had been granted 30 minutes and if Mr. Anon wanted one hour and was placed at the end of the other presentations, a quorum might not be present. Chairwoman Sosa resumed the chair. She noted all unions would be allowed 30 minutes to make their presentations. Commissioner Jordan requested a point of clarification. She asked Assistant County Attorney Kraftchick to explain why only one union had an issue with the prescribed timeframe. Assistant County Attorney Kraftchick noted Mr. Anon had a greater number of impasse issues and issues of greater significance. He advised that it was Chairwoman Sosa�s discretion to determine the allotted timeframe to each union. Assistant County Attorney Kraftchick further advised that the CBAs provided that the concessions would be brought to the County Commission by the second meeting in July 2013. In response to Commissioner Diaz� inquiry as to whether this item could be deferred until after the Commission�s recess, Assistant County Attorney Kraftchick noted the contract provided for the impasse item to be resolved by the second meeting in July 2013; however, the item could be deferred if the Union and the County Commission agreed to the deferral. Commissioner Diaz noted he would like to make a motion; however, it would have to be agreed to by the unions, as well as by majority vote of the County Commission. Pursuant to Commissioner Diaz� motion, Chairwoman Sosa suggested that the County Commission dedicate one day to discuss the union contracts. Commissioner Heyman said that her biggest concern was granting the opportunity to have a dialogue as the time needed by union representatives may differ based on their needs and proposals. She questioned whether the County had fewer options for adjusting the proposals financially as the millage had already been set. Commissioner Heyman asked the Assistant County Attorney about the impact to the impasse items if one side was willing to have a dialogue, but was given restricted time, while the Commission was not available. Assistant County Attorney Kraftchick advised that both parties would have to agree with the deferral. Chairwoman Sosa asked Commissioner Diaz to proceed with his motion and requested one representative from each union to indicate his/her agreement or disagreement with the motion. It was moved by Commissioner Diaz to defer this item until after the County Commission recess to allow the Administration and the unions to consider alternatives; and for the Commission to call a Special meeting to consider only the union items. This motion was seconded by Commissioner Monestime for discussion. Commissioner Jordan proffered, and Commissioner Diaz accepted, an amendment that the Special meeting be held before the end of this Fiscal Year. County Attorney Cuevas recommended that a date and time certain for the Special meeting be included in the foregoing motion to prevent it from being re-advertised. In response to Commissioner Diaz� inquiry as to whether commissioners could speak to the union representatives, County Attorney Cuevas advised that the general rule was that no communication should occur during the insulated period; however, the Administration and the unions could agree to waive that requirement. Chairwoman Sosa recommended, and Commissioner Diaz agreed, to schedule the Special meeting for August 29, 2013 at 9:30 a.m. County Attorney Cuevas clarified that the motion would be to defer items 5L through 5Q assuming the six Unions were amenable to the deferral. Chairwoman Sosa asked whether Mr. Slesnick, representing GSAF, Local 100 Professional Employees Unit, (Agenda Item 5L); and GSAF, Local 100 Supervisory Employees Unit, (Agenda Item 5N) agreed to the deferral. Chairwoman Sosa was informed that Mr. Slesnick was no longer present. Mr. Anon, representing AFSCME Local 3292, (Agenda Item 5M), noted he concurred with the deferral. He noted AFSCME Local 3292�s position was that it was not at impasse. A representative of AFSCME Local 199, (Agenda Item 5O), noted she concurred with the deferral. She noted AFSCME Local 199�s position that it was not at impasse and stated that impasse was declared on them before the proposed budget came out and this was part of their complaint. Mr. John Rivera, representing the Dade County Police Benevolent Association (PBA) Supervisory Unit, (Agenda Item 5P), and the PBA Rank and File Unit, (Agenda Item 5Q), offered to work with the County Commission. He noted he would agree to the deferral if Mayor Gimenez waived the PBA�s ability to speak to the Commission, if not, he would not agree. Mayor Gimenez said he would not agree to Mr. Rivera�s request. Commissioner Diaz noted he understood Mr. Rivera�s position; however, he asked Mr. Rivera to understand that the deferral was to provide sufficient time for all presentations to be heard. Mr. Rivera noted the unions were before the Commission today because of the Administration; however, he pledged to work with the Commission. He noted he concurred with the August 29th deferral. Mr. Anon said that AFSCME Local 3292 would be available. Chairwoman Sosa advised that the Land Use and Development Committee; and the Economic Development and Port Miami Committee meetings which were scheduled for August 29, 2013 would be cancelled and the Committee chairs would select a date to reschedule these meetings. Assistant County Attorney Kraftchick said that he received a call from Mr. Slesnick who noted he concurred with the August 29th deferral. County Attorney Cuevas advised that the motion was to defer Agenda Items 5L through 5Q to August 29, 2013 at 9:30 a.m., at which time the public hearing on these six impasse items would be held. Upon being put to a vote, the motion on the floor passed by a vote of 11-0; (Commissioners Edmonson and Suarez were absent). Chairwoman Sosa asked Mayor Gimenez to work with the unions as there was now a tentative approval of the budget. Mayor Gimenez noted the County Commission had set the millage rate, and working with the unions would be more costly; however, he would so. He said that he had no problem with deferring these items but if the County Commission decided to restore benefits and the healthcare contributions to employees, the Administration would have a short timeframe in which to make major revisions to the budget. Mayor Gimenez noted he would work with the departments to identify savings that could save services. Upon conclusion of the foregoing item, County Attorney Cuevas advised that Agenda Item 15B1 scheduled the public hearings for Agenda Items 4A, 4B, 4C, 4G, and 4H before the Economic Development and Port Miami Committee for August 29, 2014 at 2:00 p.m. He advised that a motion was needed to grant Chairwoman Sosa the discretion to reschedule those public hearings. The County Commission proceeded to vote to grant Chairwoman Sosa the discretion to reschedule the public hearings previously scheduled for August 29, 2014 at 2:00 p.m. in conjunction with the Chairperson of the Economic Development and Port Miami Committee.
5N
	131438	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA, OPEIU, LOCAL 100 SUPERVISORY EMPLOYEES UNIT(Internal Services)			Deferred to August 29, 2013 Resolution R-650-13 Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
	REPORT: (See notes under Agenda Item 5L; Legislative File No. 131436)
5O
	131439	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, GENERAL EMPLOYEES, LOCAL 199(Internal Services)			Deferred to August 29, 2013 Resolution R-651-13 Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
5P
	131440	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION - (PBA) SUPERVISORY UNIT(Internal Services)			Deferred to August 29, 2012 Resolution R-652-13 Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
5Q
	131441	Resolution
	RESOLUTION RESOLVING COLLECTIVE BARGAINING IMPASSE BETWEEN MIAMI-DADE COUNTY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION - (PBA) RANK AND FILE UNIT(Internal Services)			Deferred to August 29, 2013 Resolution R-653-13 Mover: Jose "Pepe" Diaz Seconder: Jean Monestime Vote: 11 - 0 Absent: Edmonson , Suarez
6A	CHAIRWOMAN OF THE BOARD OF COUNTY COMMISSIONERS
6B	POLICY MATTERS FOR DISCUSSION BY THE BOARD
6B1
	131481	Discussion Item	Bruno A. Barreiro
	DISCUSSION REGARDING THE MIAMI HEAT			Presented
	REPORT: Commissioner Barreiro said it was his understanding that negotiations were ongoing between the County and the Miami Heat regarding the American Airlines Arena. He noted he was in favor of extending the lease agreements with the Miami Heat, but believed the development of Parcel B should be included in the negotiations. Commissioner Barreiro said the vision for the Downtown/Bayfront area, including construction of Museum Park, was coming to fruition, and he suggested receiving input from Miami Heat representatives regarding the development of Parcel B. He noted this property should be developed in a comprehensive manner. Mayor Gimenez advised that that the County would have to negotiate in good faith with the Miami Heat, pursuant to the contract, and he would pursue the best deal possible for the County when negotiating an extension of the lease agreement with the Heat. He noted the possibility of Parcel B being incorporated into the negotiations; but pointed out that the County Commission needed to make a decision on this property. Mayor Gimenez said Parcel B had been vacant for a long time, was very valuable, and should benefit the public. He indicated that regardless of the outcome of the Heat negotiations, he believed that Parcel B, and anything else that could occur in the area should be considered. Mayor Gimenez commented on the upcoming dredging project which he noted would result in fill material which could be used to create more land, and to create a greater connection between Museum Park, the Arena and areas to the north. He concurred with Commissioner Barreiro that Parcel B should be developed in a comprehensive manner.
7	ORDINANCES SET FOR SECOND READING
7A
	130911	Ordinance    Clerk's Official Copy	Esteban L. Bovo, Jr. Lynda Bell Sally A. Heyman Rebeca Sosa Juan C. Zapata
	ORDINANCE AMENDING SECTION 10-38 OF THE CODE OF MIAMI-DADE COUNTY RELATING TO DEBARMENT OF CONTRACTORS FROM COUNTY WORK INCREASING THE PERMITTED PERIOD OF DEBARMENT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE			Adopted Ordinance 13-75 Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 10 - 2 No: Jordan , Monestime Absent: Edmonson
	REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.
	5/21/2013 Adopted on first reading by the Board of County Commissioners
	5/21/2013 Tentatively scheduled for a public hearing by the Board of County Commissioners
	6/13/2013 Forwarded to BCC with a favorable recommendation by the Economic Development & Port Miami Committee
	7/2/2013 Deferred by the Board of County Commissioners
8	DEPARTMENTAL ITEMS
8A & 8B	(No items were submitted for these sections.)
8C	CULTURAL AFFAIRS DEPARTMENT
8C1
	131285	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING FUNDING OF FOURTEEN (14) FELLOWSHIP AWARDS IN THE AMOUNT OF $165,000.00 TO SOUTH FLORIDA ARTISTS FROM THE DEPARTMENT OF CULTURAL AFFAIRS AS FISCAL AGENT FOR THE FY 2012-2013 SOUTH FLORIDA CULTURAL CONSORTIUM VISUAL & MEDIA ARTISTS FELLOWSHIP PROGRAM, 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-619-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/8/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Cultural Affairs & Recreation Committee
8C2
	131308	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING FUNDING OF A $20,000 GRANT FROM THE DEPARTMENT OF CULTURAL AFFAIRS AS FISCAL AGENT FOR THE SOUTH FLORIDA CULTURAL CONSORTIUM TO NOVA SOUTHEASTERN UNIVERSITY ON BEHALF OF IT�S MUSEUM OF ART FORT LAUDERDALE FOR THE REGIONAL EXHIBITION OF THE SOUTH FLORIDA CULTURAL CONSORTIUM�S FY 2012-2013 VISUAL & MEDIA ARTISTS FELLOWSHIP PROGRAM, WAIVING RESOLUTION R-130-06, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE GRANT AGREEMENT AND TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN(Department of Cultural Affairs)			Adopted Resolution R-620-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/8/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Cultural Affairs & Recreation Committee
8C3
	131332	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING A LEASE BETWEEN THE STATE OF FLORIDA (STATE) AND CO-LESSEES, MIAMI-DADE COUNTY (COUNTY) AND FLORIDA INTERNATIONAL UNIVERSITY (FIU) AT THE COCONUT GROVE PLAYHOUSE, 3500 MAIN HIGHWAY, COCONUT GROVE, FL 33133 AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE THE LEASE, SUBJECT TO CERTAIN CONDITIONS AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN(Department of Cultural Affairs)			Adopted Resolution R-621-13 Mover: Xavier L. Suarez Seconder: Sally A. Heyman Vote: 10 - 1 No: Barreiro Absent: Edmonson , Zapata
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Finance Committee
8C3 SUPPLEMENT
	131467	Supplement
	SUPPLEMENT TO AGENDA ITEM REGARDING THE COCONUT GROVE PLAYHOUSE: APPROVAL OF A LEASE WITH THE STATE OF FLORIDA			Presented
8D & 8E	(No items were submitted for these sections.)
8F	INTERNAL SERVICES DEPARTMENT
8F1
	131344	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING MODIFICATION OF COMPETITIVE CONTRACTS FOR PURCHASE OF GOODS AND SERVICES IN A TOTAL AMOUNT UP TO $497,000.00 IN ADDITIONAL SPENDING AUTHORITY(Internal Services)			Adopted Resolution R-622-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Finance Committee
8F2
	131451	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING MODIFICATION OF COMPETITIVE CONTRACT FOR GOODS AND SERVICES AND APPROXIMATELY $2,150,000.00 IN REVENUE [SEE ORIGINAL ITEM UNDER FILE NO. 131368](Internal Services)			Adopted Resolution R-623-13 Mover: Jean Monestime Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Finance Committee
8G	MANAGEMENT AND BUDGET DEPARTMENT
8G1
	131453	Resolution    Clerk's Official Copy
	RESOLUTION SETTING THE PROPOSED FY 2013-14 COUNTYWIDE, UNINCORPORATED MUNICIPAL SERVICE AREA, LIBRARY DISTRICT AND FIRE RESCUE DISTRICT OPERATING MILLAGE RATES AND COUNTYWIDE AND FIRE RESCUE DISTRICT DEBT SERVICE MILLAGE RATES; AND SETTING THE DATE, TIME AND LOCATION OF THE PUBLIC BUDGET HEARINGS(Office of Management and Budget)			Adopted Resolution R-624-13 Mover: Esteban L. Bovo, Jr. Seconder: Juan C. Zapata Vote: 8 - 4 No: Jordan , Monestime , Heyman , Moss Absent: Edmonson
	REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Commissioner Bovo, Chairman of the Finance Committee, made a motion to concur with the Mayor�s recommendation to keep all forms of County millage rates flat, including Countywide, Fire Rescue, Library District, and Unincorporated Municipal Service Area (UMSA) operating millage rates; and Countywide, Fire Rescue, Library District, and UMSA debt service millage rates. Pursuant to County Attorney Cuevas� question as to whether the motion included the operating and debt service millage rates, Commissioner Bovo confirmed that his motion was to concur with the Mayor�s recommendation presented at the Committee of the Whole meeting earlier. Chairwoman Sosa clarified that the motion was to concur with the Mayor�s recommendation to keep all forms of County millage rates flat, except for the self-imposed General Obligation Bonds, and an addition of 40 percent for the �No Kill� policy for Animal Services. This motion was seconded by Commissioner Zapata, Vice Chair of the Finance Committee. Commissioner Jordan pointed out that most of the public hearing held during the Committee of the Whole covered the �No Kill� policy for Animal Services. She said she believed that when the County Commission reconvened its BCC meeting, it would hear from the union representatives, before voting on the millage rates. Chairwoman Sosa explained that the unions would be discussing impasse items in their negotiations with the Mayor, which was entirely separate from the budget. Pursuant to Commissioner Jordan�s comment that during the Committee of the Whole meeting, she did not mention the insurance deductions for the employees, Chairwoman Sosa assured her that she would have the opportunity to do so later in the meeting; however, at this point the commissioners were setting the tentative millage rates. Commissioner Jordan pointed out that, based on Ms. Moon�s comments, the vote on the millage rates would impact the negotiations regarding the insurance deductions for the employees. Responding to Commissioner Diaz� question as to whether the millage rate for the Fire Rescue was separate, County Attorney Cuevas confirmed that it was. Commissioner Diaz indicated that he would prefer to vote for the various millage rates separately, as was done in the past. Chairwoman Sosa clarified that in the past there was one motion, and a vote on the first reading of the items. She said that this was the first time that a public hearing was held in conjunction with the setting of the millage rate. She asked Commissioner Bovo whether he agreed with bifurcating the millage rate for the Fire Rescue. Commissioner Bovo noted he would reluctantly agree if this was the wish of his colleagues; however, he would prefer for his motion to remain as he made it. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
8H	PARKS, RECREATION AND OPEN SPACES DEPARTMENT
8H1
	131331	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE AN ACCESS AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY FOR HAMMOCKS MIDDLE SCHOOL PROPERTY AT 9885 HAMMOCKS BOULEVARD(Parks, Recreation and Open Spaces)			Adopted Resolution R-625-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/8/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Cultural Affairs & Recreation Committee
8H2
	131406	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING CHANGE ORDER NO. ONE (1) FOR A CONSTRUCTION CONTRACT BETWEEN MIAMI-DADE COUNTY AND LEMARTEC ENGINEERING & CONSTRUCTION CORPORATION FOR CONSTRUCTION OF TROPICAL PARK - EQUESTRIAN COMPLEX - PROJECT NO: 402202-05-005 GOB ESP; CONTRACT NO: 402202-05-005 GOB ESP, INCREASING THE CONTRACT AMOUNT BY $354,110.57(Parks, Recreation and Open Spaces)			Adopted Resolution R-626-13 Mover: Jose "Pepe" Diaz Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Barreiro , Moss , Zapata
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Finance Committee
8I & 8J	(No items were submitted for these sections.)
8K	PUBLIC HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT
8K1
	131450	Resolution	Health & Social Services Committee
	RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO AMEND THE FY 1994 THROUGH FY 2013 ACTION PLANS TO RECAPTURE AND REALLOCATE $6,461,803.03 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $180,517.52 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; ALLOCATE $1,149,797.88 OF CDBG PROGRAM INCOME; AMEND SIX PROJECT SCOPES; AMEND THE FY 2013 ACTION PLAN TO ADJUST ALLOCATIONS TO REFLECT U.S. HUD ALLOCATIONS FOR CDBG, HOME AND ESG FUNDS AMOUNTS; RECAPTURE $5,956,531.00 OF DOCUMENTARY STAMP SURTAX (SURTAX) FUNDS FROM HOUSING PROJECTS; AND AMEND THE FY 2013 ACTION PLAN TO INCLUDE LANGUAGE TO REFLECT CONTINUUM OF CARE STRATEGIC PLANNING COORDINATION WITH THE HOMELESS TRUST FOR EMERGENCY SOLUTIONS GRANT (ESG) FUNDS(Public Housing and Community Development)			Amended
	REPORT: (See Agenda Item 8K1 Amended; Legislative File No. 131513)
	7/8/2013 Forwarded to BCC with a favorable recommendation by the Health & Social Services Committee
8K1 Amended
	131513	Resolution    Clerk's Official Copy	Health & Social Services Committee
	RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO AMEND THE FY 1994 THROUGH FY 2013 ACTION PLANS TO RECAPTURE AND REALLOCATE $6,259,803.03 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $180,517.52 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; ALLOCATE $1,149,797.88 OF CDBG PROGRAM INCOME; AMEND SIX PROJECT SCOPES; AMEND THE FY 2013 ACTION PLAN TO ADJUST ALLOCATIONS TO REFLECT U.S. HUD ALLOCATIONS FOR CDBG, HOME AND ESG FUNDS AMOUNTS; RECAPTURE $5,956,531.00 OF DOCUMENTARY STAMP SURTAX (SURTAX) FUNDS FROM HOUSING PROJECTS; AND AMEND THE FY 2013 ACTION PLAN TO INCLUDE LANGUAGE TO REFLECT CONTINUUM OF CARE STRATEGIC PLANNING COORDINATION WITH THE HOMELESS TRUST FOR EMERGENCY SOLUTIONS GRANT (ESG) FUNDS [SEE ORIGINAL ITEM UNDER FILE NO. 131450](Public Housing and Community Development)			Adopted as amended Resolution R-627-13 Mover: Dennis C. Moss Seconder: Barbara J. Jordan Vote: 10 - 1 No: Monestime Absent: Edmonson , Zapata
	REPORT: The County Commission adopted the foregoing proposed resolution as amended to reduce the recaptured Community Development Block Grant funds amount from $6,461,803.03 to $6,259,803.03 to reflect the removal of the recapture recommendation of $202,000 for the City of Opa-locka�s Rehabilitation of Lift Station 8.
8K2
	131376	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT A DEMOLITION AND DISPOSITION APPLICATION TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE VACANT MODELLO PUBLIC HOUSING DEVELOPMENT SITE; AUTHORIZING THE DEMOLITION OF SAID SITE SUBJECT TO APPROVAL BY UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AMENDMENTS TO ANNUAL CONTRIBUTION CONTRACTS, AGREEMENTS, RELEASES, AND ANY OTHER DOCUMENTS THAT MAY BE REQUIRED BY UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(Public Housing and Community Development)			Adopted Resolution R-628-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/8/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Health & Social Services Committee
8K3
	131455	Resolution    Clerk's Official Copy
	RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE A MASTER DEVELOPMENT AGREEMENT, AN AMENDED AND RESTATED GROUND LEASE IN THE AMOUNT OF $1.00, AND 100% OF THE CASH FLOW OF THE PUBLIC HOUSING UNITS, AND ALL OTHER NECESSARY MIXED-FINANCE CONTRACTS, AGREEMENTS AND RELATED DOCUMENTS WITH CARLISLE DEVELOPMENT GROUP, LLC, OR ITS ASSIGNEE, GREEN TURNKEY PLAZA, LTD (LOCAL), FOR REHABILITATION/REDEVELOPMENT OF EXISTING PUBLIC HOUSING UNITS AT THE GREEN TURNKEY PUBLIC HOUSING DEVELOPMENT, SUBJECT TO APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY CANCELLATION, TERMINATION AND RENEWAL PROVISIONS, AND TO EXERCISE ALL OTHER RIGHTS CONTAINED THEREIN; AUTHORIZING AMENDMENTS TO ANNUAL CONTRIBUTION CONTRACT, SUBJECT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT�S APPROVAL(Public Housing and Community Development)			Adopted Resolution R-629-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
9	ADDITIONAL DEPARTMENTAL ITEMS
10	AUTHORITIES, BOARDS, COUNCILS AND TRUSTS
11	COUNTY COMMISSION
11A	RESOLUTIONS
11A1
	130971	Resolution	Lynda Bell Esteban L. Bovo, Jr. Sally A. Heyman Rebeca Sosa
	RESOLUTION REQUIRING A DETAILED PROJECT BUDGET, SOURCES AND USES STATEMENT, CERTIFICATIONS AS TO PAST DEFAULTS ON AGREEMENTS WITH NON-COUNTY FUNDING SOURCES, AND DUE DILIGENCE CHECK PRIOR TO THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE RECOMMENDING A COMMITMENT OF COUNTY FUNDS TO SOCIAL SERVICES, ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT, AND AFFORDABLE HOUSING AGENCIES AND PROVIDERS; REQUIRING CERTAIN TERMS TO BE INCLUDED IN CONTRACTS			Amended
	REPORT: (See Agenda Item 11A1 Amended; Legislative File No. 131512)
	6/11/2013 Forwarded to BCC with a favorable recommendation by the Finance Committee
	7/2/2013 Deferred by the Board of County Commissioners
11A1 Amended
	131512	Resolution    Clerk's Official Copy	Lynda Bell Esteban L. Bovo, Jr. Sally A. Heyman Rebeca Sosa
	RESOLUTION REQUIRING A DETAILED PROJECT BUDGET, SOURCES AND USES STATEMENT, CERTIFICATIONS AS TO PAST DEFAULTS ON AGREEMENTS WITH NON-COUNTY FUNDING SOURCES, AND DUE DILIGENCE CHECK PRIOR TO THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE RECOMMENDING A COMMITMENT OF COUNTY FUNDS TO SOCIAL SERVICES, ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT, AND AFFORDABLE HOUSING AGENCIES AND PROVIDERS; REQUIRING CERTAIN TERMS TO BE INCLUDED IN CONTRACTS [SEE ORIGINAL ITEM UNDER FILE NO. 130971]			Adopted as amended Resolution R-630-13 Mover: Lynda Bell Seconder: Jose "Pepe" Diaz Vote: 11 - 0 Absent: Edmonson , Souto
	REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Commissioner Bell noted there were three proposed amendments, as follows: ~ Section 1, replace the words �were resolved� with �are being resolved� at the end of this section; ~ Section 2, fifth line, replace the words �person or entity� with �Agency;� and add the language �including but not limited to inquiring of other County departments, including inquiring of other County departments� to the end of this section; ~ Section 3, sixth line, add the language �The Mayor or Mayor�s designee is not required by this resolution to recommend against funding or contracting with any Agency based upon the matters disclosed in the affidavit described in Section 1(A) above;� and add the word �Rather� and remove the word �further� in the next sentence. Commissioners Diaz and Monestime concurred with the amendments. Commissioner Jordan said she had requested that a companion item be prepared regarding for-profit and private entities that were awarded general contracts with the County. She asked whether the amendments applied to those entities. Commissioner Bell noted this item pertained to public funding, such as general obligation funding and community based organization funding. Commissioner Jordan noted she would follow up with the County Attorney�s Office on her requested item. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended.
11A2
	131111	Resolution	Esteban L. Bovo, Jr. Lynda Bell Rebeca Sosa
	RESOLUTION PROVIDING THAT NO MORE THAN TWENTY-FIVE PERCENT OF A COMMUNITY BASED ORGANIZATION�S ADMINISTRATIVE BUDGET MAY BE PAID FROM MIAMI-DADE COUNTY GENERAL FUNDS			Deferred to September 4, 2013 Resolution Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 11 - 0 Absent: Edmonson , Souto
	REPORT: Commissioner Bovo requested that the foregoing proposed resolution be deferred.
	6/11/2013 Forwarded to BCC with a favorable recommendation by the Finance Committee
	7/2/2013 Deferred by the Board of County Commissioners
11A3
	131015	Resolution	Esteban L. Bovo, Jr. Lynda Bell Jose "Pepe" Diaz Rebeca Sosa
	RESOLUTION DIRECTING THE MAYOR OR MAYOR'S DESIGNEE TO NEGOTIATE WITH THE COLLECTIVE BARGAINING AGENTS REPRESENTING COUNTY EMPLOYEES FOR THE PURPOSE OF IMPLEMENTING RECOMMENDATION NUMBER FIVE AND SUGGESTION NUMBER ONE FROM THE FINAL REPORT OF THE COMPENSATION AND BENEFITS REVIEW AD HOC COMMITTEE WHICH WOULD LIMIT THE PAYOUT OF SICK LEAVE FOR NEWLY-HIRED COUNTY EMPLOYEES TO A MAXIMUM OF 600 HOURS WITH THE PAYOUT TO BE CALCULATED AT THE AVERAGE RATE OF AN EMPLOYEE�S EARNINGS AND WOULD REDUCE THE MAXIMUM LIMIT FOR ACCRUAL OF ANNUAL LEAVE FOR NEWLY-HIRED EMPLOYEES FROM 500 HOURS TO 300 HOURS			Deferred to October 1, 2013 Resolution R-815-13 Mover: Barbara J. Jordan Seconder: Esteban L. Bovo, Jr. Vote: 12 - 0 Absent: Edmonson
	6/11/2013 Forwarded to BCC with a favorable recommendation by the Finance Committee
	7/2/2013 Deferred by the Board of County Commissioners
11A4
	131269	Resolution    Clerk's Official Copy	Esteban L. Bovo, Jr. Lynda Bell Sally A. Heyman Barbara J. Jordan Dennis C. Moss Rebeca Sosa
	RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO REQUIRE ELECTROCARDIOGRAMS OF FLORIDA HIGH SCHOOL STUDENT ATHLETES AS PART OF THEIR PREPARTICIPATION PHYSICAL EVALUATIONS			Adopted Resolution R-631-13 Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/2/2013 Deferred by the Board of County Commissioners
11A5
	131408	Resolution    Clerk's Official Copy	Sally A. Heyman
	RESOLUTION URGING PET SHOP OWNERS TO INSTALL A FIRE ALARM SYSTEM OR UPGRADE AN EXISTING STAND ALONE SECURITY MONITORING SYSTEM FOR INCLUSION OF FIRE ALARM SYSTEM TO PROVIDE EARLY WARNING NOTIFICATION OF AN IMMINENT FIRE; TO ENHANCE THE SAFETY OF PET STORE ANIMALS			Adopted Resolution R-632-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11A6
	131366	Resolution    Clerk's Official Copy	Rebeca Sosa Lynda Bell Esteban L. Bovo, Jr.
	RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ISSUE REGULATIONS TO BAN COMMERCIAL VEHICLES FROM THE LEFT LANE OF FLORIDA�S TURNPIKE AND OTHER EXPRESSWAYS IN MIAMI-DADE COUNTY EXCEPT IN DESIGNATED ZONES TO ALLOW SUCH COMMERCIAL VEHICLES SAFE ACCESS TO LEFT-LANE EXITS OR OTHER TURNPIKE OR EXPRESSWAY FACILITIES			Adopted Resolution R-633-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11A7
	131319	Resolution	Juan C. Zapata
	RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY COUNTY MAYOR OR MAYOR�S DESIGNEE OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES FOR DEVELOPMENT OF A DISTRICT 11 STRATEGIC PLAN; DELEGATING TO COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE AUTHORITY TO EXERCISE CERTAIN CANCELLATION AND TERMINATION PROVISIONS; AND WAIVING APPLICATION OF USER ACCESS PROGRAM TO THE AGREEMENT IN ACCORDANCE WITH SECTION 2-8.10 OF THE CODE OF MIAMI-DADE COUNTY			Withdrawn Resolution Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
	7/11/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Economic Development & Port Miami Committee
11A7 SUBSTITUTE
	131476	Resolution	Juan C. Zapata
	RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY COUNTY MAYOR OR MAYOR�S DESIGNEE OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES FOR DEVELOPMENT OF A DISTRICT 11 STRATEGIC PLAN; DELEGATING TO COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE AUTHORITY TO EXERCISE CERTAIN CANCELLATION AND TERMINATION PROVISIONS; AND WAIVING APPLICATION OF USER ACCESS PROGRAM TO THE AGREEMENT IN ACCORDANCE WITH SECTION 2-8.10 OF THE CODE OF MIAMI-DADE COUNTY (SEE ORIGINAL ITEM UNDER FILE NO. 131319)			Withdrawn Resolution Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11A8
	131314	Resolution    Clerk's Official Copy	Barbara J. Jordan
	RESOLUTION APPROVING AMENDMENT TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM GRANT AGREEMENT BETWEEN COUNTY AND UDG III OASIS, LLC REGARDING CONSTRUCTION OF LAKE VUE OASIS AFFORDABLE SINGLE FAMILY RESIDENCES; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AND DELIVER AMENDMENT			Adopted Resolution R-634-13 Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation as corrected by the Finance Committee
11A9
	131367	Resolution	Barbara J. Jordan Jean Monestime Esteban L. Bovo, Jr. Jose "Pepe" Diaz Rebeca Sosa
	RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE WITH THE COLLECTIVE BARGAINING AGENTS REPRESENTING COUNTY EMPLOYEES FOR THE PURPOSE OF IMPLEMENTING THE RECOMMENDATIONS OF THE COMPENSATION AND BENEFITS REVIEW AD HOC COMMITTEE			Deferred to October 1, 2013 Resolution R-816-13 Mover: Barbara J. Jordan Seconder: Esteban L. Bovo, Jr. Vote: 12 - 0 Absent: Edmonson
	7/9/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Finance Committee
11A10
	131447	Resolution    Clerk's Official Copy	Jose "Pepe" Diaz Esteban L. Bovo, Jr. Sally A. Heyman
	RESOLUTION COMMEMORATING THE 50TH ANNIVERSARY OF THE VIETNAM WAR; EXPRESSING SUPPORT FOR THE NOVEMBER 8, 2013 PARADE SPONSORED BY THE MIAMI-DADE COUNTY MILITARY AFFAIRS BOARD WELCOMING HOME AND REMEMBERING VIETNAM VETERANS; DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO PROVIDE THE NECESSARY STAFF AND IN-KIND SUPPORT TO COORDINATE THE PARADE WHEN THE COMMISSION APPROVES THE SOURCE OF THE FUNDS AND THE NECESSARY AMOUNT AT A LATER DATE; AND ALLOCATING $50,000.00 TO THE MILITARY AFFAIRS TRUST FUND FOR THE PARADE WHEN THE COMMISSION APPROVES THE SOURCE OF THE FUNDS AT A LATER DATE			Adopted Resolution R-635-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11A11
	131456	Resolution    Clerk's Official Copy	Rebeca Sosa Lynda Bell Esteban L. Bovo, Jr. Sally A. Heyman
	RESOLUTION OPPOSING ANY FURTHER COST SHIFTS BY THE FLORIDA LEGISLATURE TO MIAMI-DADE COUNTY RELATED TO COUNTY MEDICAID CONTRIBUTIONS AND OPPOSING ANY DELAY OR ELIMINATION OF THE TRANSITION TO A MEDICAID ENROLLEES FORMULA; IDENTIFYING THIS ISSUE AS A CRITICAL COUNTY PRIORITY FOR THE 2014 AND 2015 SESSIONS; URGING THE FLORIDA ASSOCIATION OF COUNTIES TO IDENTIFY THIS ISSUE AS ONE OF ITS PRIORITIES FOR THE 2014 AND 2015 SESSIONS			Adopted Resolution R-636-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11A12
	131465	Resolution    Clerk's Official Copy	Rebeca Sosa Lynda Bell Esteban L. Bovo, Jr.
	RESOLUTION URGING THE U.S. CONGRESS AND THE U.S. DEPARTMENT OF EDUCATION TO REFORM THE CURRENT STUDENT LOAN SYSTEM; URGING THE U.S. CONGRESS TO RESTORE THE 3.4 PERCENT INTEREST RATE ON SUBSIDIZED FEDERAL STUDENT LOANS			Adopted Resolution R-637-13 Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
11B	ADDITIONAL BUDGET ALLOCATIONS
11B1
	131502	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 2)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 2 Office Budget Funds as requested by Commissioner Monestime: $250 to New Hope Development Center, Inc. $400 to Miami-Dade NAACP $885 for expenses for June 11, 2013 Community Workshop $222.50 for expenses for June 14, 2013 Community Empowerment Conference $205.76 for expenses for July 4, 2013 Celebration $250 to Black Affairs Advisory Board $250 to AFL CIO $500 to Dr. Robert B. Ingram Foundation, Inc.
11B2
	131503	Report
	REIMBURSEMENT FROM COMMUNITY BASED ORGANIZATION OFFICE ACCOUNT FUNDS (DISTRICT 4)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: The following funding allocations were reimbursed from Community Based Organization � District 4 Office Account Funds as requested by Commissioner Heyman: $192 from Nautilus Middle School $750 from Best Buddies $250 from Women�s Fund $850 from ARC of South Florida $125 from University of Miami CARD (Autism) $375 from University of Miami CARD (Autism) $100 from Tiffany Cannava � Ruth K. Broad Elementary $100 from Actors Playhouse $1,000 from International Women�s Forum
11B3
	131504	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 6)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 6 Office Budget Funds as requested by Chairwoman Sosa: $325 to Office Workshop Seminar on August 2, 2013 $1,000 to Centro Comunitario De Ayuda Enlace, Inc.
11B4
	131505	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 8)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: $1,000 to ARTSOUTH in support and sponsorship of their arts summer camp $800 to Animal Services in support of the District 8 Spay/Neutering and Adoption Event $250 to PATCHES in support and sponsorship of their 6th Annual Spaghetti Fundraiser Dinner $100 to The Cat Network in support and sponsorship of their Star Spay-ngled Celebration Up to $50 to the District 8 Adopt-A-Tree Event $1,000 to This is the Dog! For their efforts to help solve the pet overpopulation problem in South Dade Community $1,000 to Village of Palmetto Bay in support and sponsorship of their 2013 Summer Concert
11B5
	131506	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 9)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: The following funding allocations were made from fiscal year (FY) 2012/13 District 9 Office Budget Funds as requested by Commissioner Moss: $500 to New Beginning Missionary Baptist Church Inc., of South Miami to support their Senior Citizen�s Travel Program $500 to The National Association of The Bahamas to support their Annual Scholarship Gala $500 to Abstinence Between Strong Teens Int�l, Inc., to support their �Project HOPE (Healthy Opportunities Provide Empowerment�) Program $1,500 to Greater Miami Service Corps., to support their Fourth Annual Golf Classic and Award Dinner
11B6
	131507	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 12)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: The following funding allocation was made from fiscal year (FY) 2012/13 District 12 Office Budget Funds as requested by Commissioner Diaz: $1,000 to The Greater Miami Chamber of Commerce
11B7
	131508	Report
	ALLOCATION OF (FY) 2012/13 OFFICE BUDGET FUNDS (DISTRICT 12)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: At the January 23, 2013, Board of County Commission Meeting, the Commission decided to release their allocated tickets in exchange for $102,000.00 per the Mayor�s discussion/recommendation. Stated on the record was the intent to provide funds for each district for child recreation purposes. Specific to District 12 and the 1/3 equitable share of $7,846.00, Commissioner Diaz asked to allocate his one-time Sony Open Funds as follows: $1,950 to City of Virginia Gardens Youth Summer Camp $2,146 to Parks Foundation Swim for Jenny Organization for swimming lessons $1,800 to City of Medley Summer Camp $1,950 to City of Hialeah Gardens for free swimming lessons
11B8
	131510	Report
	RESCINDING ALLOCATION OF OFFICE BUDGET FUNDS (DISTRICT 12)			Approved Report Mover: Esteban L. Bovo, Jr. Seconder: Rebeca Sosa Vote: 9 - 0 Absent: Edmonson , Suarez , Souto , Diaz
	REPORT: For the record, Commissioner Diaz asked to rescind the following allocations as indicated: $353 from P-Card for Valentine�s Day Events (from February 17, 2009) $136 from P-Card for Spring Jam (from March 17, 2009) $1,398 from P-Card allocation (from June 2, 2009) $1,819 from P-Card allocation (Miami Children�s Toys) (from December 15, 2009) $3,429 from P-Card allocation (Mother�s Day) (from May 4, 2010) $680 from P-Card allocation (Ayers Distributor) (from April 4, 2011) $659 from District 12�s Spring Festival (from May 3, 2011) $4,000 from District 12�s Scholarship Fund (from September 22, 2011) $3,354 from District 12�s Elderly Christmas Luncheon (from September 22, 2011) $2,562 from District 12�s Annual Spring Festival (from September 22, 2011) $3,820 from District 12�s Annual Mother and Father�s Day Celebrations (from May 15, 2012) $2,697 from allocation for Bijoux Terner � Mother and Fathers (from April 21, 2009) $1,000 from allocation for America�s People Alliance (from May 4, 2010) $1,000 from allocation for Miami Killian Army JROTC (from June 3, 2010) $399 from allocation for 926th Army Civil Engineer (from September 21, 2010) $1,000 from allocation for Cuban Liberty Council (from November 4, 2010)
12	COUNTY MAYOR
12A1
	131446	Resolution    Clerk's Official Copy	Rebeca Sosa
	RESOLUTION EXPRESSING INTENT TO DEVELOP A FORMALIZED PARTNERSHIP WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY TO ESTABLISH AND ENHANCE MAGNET SCHOOLS IN DIRECT ALIGNMENT WITH TARGETED INDUSTRIES INCLUDED WITHIN THE BEACON COUNCIL�S ONE COMMUNITY, ONE GOAL PLAN(Mayor)			Adopted Resolution R-638-13 Mover: Lynda Bell Seconder: Jean Monestime Vote: 12 - 0 Absent: Edmonson
	REPORT: Commissioner Jordan commented on the proposed partnership with Miami-Dade County Public Schools (MDCPS) to establish industry-focused schools of choice, which was discussed at this morning�s (7/16) Committee of the Whole meeting. She noted MDCPS would also be establishing the Sports Medicine Academy at Miami-Norland Senior High School, one of the first sites to be revamped. Commissioner Jordan said the County had also requested that consideration be given to building a school in the urban corridor, similar to the one with the Latin Chamber, in order to assist with the County�s bond program and to prepare young adults for employment opportunities.
13	COUNTY ATTORNEY
14	ITEMS SUBJECT TO 4-DAY RULE
14A1
	131313	Resolution    Clerk's Official Copy	Lynda Bell
	RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PROVIDE UP TO 203 TRANSIT PASSES PER MONTH FOR ONE YEAR TO CITY YEAR TO BE DISTRIBUTED TO ITS VOLUNTEERS SERVING WITHIN MIAMI-DADE COUNTY IN EXCHANGE FOR NO LESS THAN 3,500 HOURS OF VOLUNTEER SERVICES IN FURTHERANCE OF BEAUTIFICATION OR OTHER RELATED SERVICES TO BENEFIT MIAMI-DADE COUNTY			Adopted Resolution R-639-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/10/2013 Forwarded to BCC with a favorable recommendation by the Transportation & Aviation Committee
14A2
	131384	Resolution    Clerk's Official Copy	Rebeca Sosa Lynda Bell
	RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AMENDED AND RESTATED TERMINAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SEABOARD MARINE, LTD.; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE AMENDMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY; AND AUTHORIZING THE TERMINAL SERVICES AGREEMENT BETWEEN PORT OF MIAMI TERMINAL OPERATING COMPANY, L.C. AND SEABOARD MARINE, LTD.(Port of Miami)			Adopted Resolution R-640-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/11/2013 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Economic Development & Port Miami Committee
14A3
	131425	Resolution    Clerk's Official Copy
	RESOLUTION APPROVING A LEASE FOR REAL PROPERTY BETWEEN MIAMI-DADE COUNTY AND TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC) ENROLLMENT CENTER (MORPHOTRUST USA, INC.) FOR OFFICE SPACE LOCATED AT PORTMIAMI CREDENTIALING OFFICE; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT FOR AND ON BEHALF OF MIAMI-DADE COUNTY, AND TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS(Port of Miami)			Adopted Resolution R-641-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/11/2013 Forwarded to BCC with a favorable recommendation by the Economic Development & Port Miami Committee
14A4
	131460	Resolution    Clerk's Official Copy
	RESOLUTION RATIFYING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE ACTION IN APPLYING TO THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF VIOLENCE AGAINST WOMEN, FOR GRANT FUNDS TOTALING APPROXIMATELY $200,000.00, AND POSSIBLY AN ADDITIONAL $600,000.00 AT THE END OF PHASE I TO IMPROVE SERVICES FOR HIGH-RISK DOMESTIC VIOLENCE VICTIMS; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE PROGRAM AGREEMENTS AND TO APPLY FOR, RECEIVE AND EXPEND ADDITIONAL FUTURE FUNDS SHOULD THEY BECOME AVAILABLE UNDER THIS PROGRAM(Community Action and Human Services)			Adopted Resolution R-642-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
14A5
	131463	Resolution    Clerk's Official Copy	Esteban L. Bovo, Jr. Lynda Bell
	RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO CREATE A PLAN FOR MAIL-BASED FUNDRAISING FOR IMPROVED ANIMAL SERVICES PROGRAMS			Adopted Resolution R-643-13 Mover: Esteban L. Bovo, Jr. Seconder: Sally A. Heyman Vote: 12 - 0 Absent: Edmonson
	REPORT: Commissioner Heyman asked Mayor Gimenez to coordinate with Mr. Alex Munoz, Director, Animal Services Department, to implement this resolution.
14A6
	131461	Resolution    Clerk's Official Copy
	RESOLUTION RATIFYING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE ACTION IN APPLYING FOR FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF VIOLENCE AGAINST WOMEN, FOR A GRANT IN THE APPROXIMATE AMOUNT OF $38,000.00 TO PROVIDE LEGAL SERVICES TO VICTIMS OF DOMESTIC VIOLENCE, THROUGH AMERICANS FOR IMMIGRANT JUSTICE, THE LEAD GRANT APPLICANT, IN COLLABORATION WITH THE TRAUMA RESOLUTION CENTER, VICTIMS RESPONSE, INC., AND THE CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA INC.; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GRANT AWARDS, AGREEMENTS AND AMENDMENTS(Community Action and Human Services)			Adopted Resolution R-644-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
14A7
	131417	Resolution    Clerk's Official Copy	Juan C. Zapata
	RESOLUTION APPROVING REIMBURSEMENT TO STERLYN BROWN IN AN AMOUNT NOT TO EXCEED $1,955.32 FOR THE THEFT/LOSS OF PERSONAL TOOLS STOLEN FROM HIS COUNTY VEHICLE IN ACCORDANCE WITH SECTION 2-11.13 OF THE CODE OF MIAMI DADE COUNTY AND ADMINISTRATIVE ORDER 7-23(Water & Sewer Department)			Adopted Resolution R-645-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
	7/9/2013 Forwarded to BCC with a favorable recommendation by the Infrastructure & Capital Improvements Committee
14A8
	131491	Resolution    Clerk's Official Copy	Rebeca Sosa
	RESOLUTION (1) APPROVING AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE A PIER CHECK-IN, STEVEDORING AND SECURITY SERVICES ACCESS AND INVOICE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND ROYAL CARIBBEAN CRUISES, LTD. (�RCCL�); (2) APPROVING AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE A SECURITY SERVICE CONTRACT BETWEEN MIAMI-DADE COUNTY AND MCROBERTS PROTECTIVE AGENCY, INC.; (3) AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL CANCELLATION, TERMINATION RENEWAL AND ALL OTHER RIGHTS CONFERRED IN THE AFOREMENTIONED AGREEMENTS; AND (4) WAIVING COMPETITIVE BIDDING AND BID PROTEST PROCEDURES PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1 OF THE CODE OF MIAMI DADE COUNTY IN CONNECTION WITH THE APPROVAL AND EXECUTION OF THE AFOREMENTIONED AGREEMENTS, THE MAYOR FINDING IT TO BE IN THE BEST INTEREST OF THE COUNTY TO DO SO(Port of Miami)			Adopted Resolution R-646-13 Mover: Sally A. Heyman Seconder: Rebeca Sosa Vote: 12 - 0 Absent: Edmonson
15	CLERK OF THE BOARD
15A	RESOLUTIONS
15A1
	131435	Resolution	Clerk of the Board
	RESOLUTION APPROVING REQUEST OF PROPERTY APPRAISER TO RETAIN OUTSIDE LEGAL COUNSEL TO FILE A LAWSUIT AGAINST MIAMI-DADE COUNTY SEEKING DECLARATORY JUDGMENT REGARDING THE POWERS OF THE PROPERTY APPRAISER AND AUTHORIZING THE PROPERTY APPRAISER TO EXECUTE AN AGREEMENT FOR SUCH SERVICES, WITH PAYMENT IN AN AMOUNT NOT TO EXCEED $50,000.00 AND TO EXERCISE ANY EXTENSION, RENEWAL AND CANCELLATION PROVISIONS(Office of Property Appraiser)			The motion that this item be Adopted failed Mover: Juan C. Zapata Seconder: Esteban L. Bovo, Jr. Vote: 3 - 8 No: Jordan , Monestime , Heyman , Barreiro , Sosa , Suarez , Moss , Diaz Absent: Edmonson , Souto
	REPORT: Pursuant to Chairwoman Sosa�s request that the County Attorney explain the powers and authority of the Property Appraiser�s Office, County Attorney Cuevas said he believed that the Property Appraiser�s Office was subject to the policy and ordinance directions of the County Commission. He noted the policy of this Commission was contained within the ordinance adopted by the Commission establishing the Property Appraiser�s Office; that in that ordinance, the Commission as a matter of policy, directed that the Property Appraiser�s Office be subject to the Conflict of Interest Ordinance or the County�s Code, the Inspector General�s Ordinance, and other policies. Mr. Cuevas noted based on concerns raised by Commissioner Moss regarding the ability of candidates for Property Appraiser to represent to the public that they would lower taxes; this Commission went a step further and mandated that candidates for that office comply with the Ethical Campaign Practice Ordinance. Additionally, this Commission required that candidates for office, in raising money for campaigns, disclose campaign contributions from business entities and specifically, that those entities report to the supervisor or their campaign finance chairs, all real and personal property in the County subject to assessment, Mr. Cuevas noted. He explained that the ordinances and polices previously mentioned were adopted by this Commission and were applicable to the Office of the Property Appraiser; however, they would no longer be applicable if the Property Appraiser became a constitutional officer. Continuing, County Attorney Cuevas noted the Property Appraiser was requesting this Commission�s authorization to retain special counsel to challenge its own policy decisions. He clarified that it was within this Commission�s power to make those policy changes, and it did not have to authorize the hiring of outside counsel to make those changes. In fact, this Commission had the authority to place a proposed Charter amendment on the November 4th ballot, creating the Property Appraiser�s Office as a constitutional office, no longer subject to its policies and ordinances. The Commission could also amend the ordinance creating the Property Appraiser�s Office to exempt or remove the Property Appraiser from the Conflict of Interest Ordinance and the Inspector General�s Office, Mr. Cuevas explained. He reiterated that aforementioned were all prerogatives and policies of this Commission, which it had the authority to change. Essentially, he noted this Commission had the option to have the office of Property Appraiser controlled or uncontrolled by what members of the Board decided on today as a matter of policy, not by a lawsuit. Chairwoman Sosa requested clarification as to whether the individual elected as the property appraiser would be subject to the Conflict of Interest Code and the Inspector General�s Office if that office became independent. County Attorney Cuevas reiterated that if the property appraiser became a constitutional officer, he would not be subject to the Conflict of Interest Ordinance or the County Code, the Inspector General�s Ordinance, and a number of other policies because there was no State equivalent applicable to a constitutional officer. Chairwoman Sosa said she believed that the source of the Property Appraiser�s frustration was his inability to negotiate with the unions representing his employees. She asked whether it would be possible for this Commission to amend the ordinance creating the Property Appraiser�s Office to allow him to negotiate with the unions, with an understanding that he would not have the authority to authorize any expenditure of funds. County Attorney Cuevas reassured Chairwoman Sosa that this Commission could amend the ordinance creating the Property Appraiser�s Office to grant him more flexibility to deal with his staff. Chairwoman Sosa questioned, and County Attorney Cuevas confirmed, that the Property Appraiser could meet with the Chairman of the Finance Committee and afterward, meet with her separately, to develop a proposal for consideration by this Commission, amending the existing ordinance(s) to allow the Property Appraiser more flexibility. Pursuant to Commissioner Bovo�s suggestion that members of the Board give the Property Appraiser an opportunity to provide some input or respond to some of the questions raised by members of the Board, Chairwoman Sosa asked Mr. Lopez- Cantera to come forward. Commissioner Suarez said he had an idea that was an alternative to what was already on the table, which was that this Commission allows the Property Appraiser to seek a Declaratory Judgment and that the Board enter into a Consent Decree after the lawsuit was filed, thus avoiding any litigation expenses. Following further clarification from Commissioner Suarez regarding his proposal, Chairwoman Sosa noted she was uncomfortable with instructing the County Attorney to refrain from defending the County after Mr. Lopez-Cantera files a lawsuit. Mr. Lopez-Cantera said he recognized the awkwardness of the situation, which he had discussed with the commissioners. He explained that his motivation was not to avoid being subject to the Conflict of Interest Ordinance or the Inspector General�s Ordinance. He noted after countless conversations with County Attorneys and others, he concluded that the only way to find an answer to the ambiguity in the law was to have a judge decide what the intent of the voters was when they approved the question. He maintained that only a Judge could interpret the law, i.e., what the Charter and the Constitution says about the functions of the Property Appraiser�s Office. Mr. Lopez-Cantera stated that the Attorney General�s Office had sent correspondence indicating that there was reason to believe that the County Attorney�s opinion was wrong, and this was the only mechanism to have that question answered. He clarified that he did not intend to file a lawsuit, but rather to ask for a Declaratory Judgment asking the Court to answer a question. Chairwoman Sosa noted she recalled that when former Commissioner Seijas initiated the ordinance creating the Property Appraiser�s Office, it was envisioned as a County department. She reiterated that Mr. Lopez-Cantera�s main source of frustration was his inability to negotiate with the unions. Mr. Lopez-Cantera clarified that he was seeking to ascertain the intent of the residents when they voted to create this office, as well as what the law and constitution stipulated with regard to some ambiguity. Chairwoman Sosa suggested Mr. Lopez-Cantera clarify the ambiguity by asking the voters what their intent was when they decided to create this office. Mr. Lopez-Cantera maintained that a Judge would best determine what the law stipulates. Commissioner Suarez noted he would be agreeable to any solution except for one of the County�s divisions suing the County Commission. He said that he would be in favor of asking the voters to approve a Charter amendment. Commissioner Heyman pointed out that the documents presented by the Property Appraiser contained contradictions, and that the title of the resolution that he was asking the County Commission to adopt stated that he would file a lawsuit against Miami-Dade County. Commissioner Heyman noted the Property Appraiser was fully aware of the conditions and limitations of the Office when he assumed the position. She noted the Property Appraiser sought clarification of the question: �Shall the Charter be amended to provide for the transfer of the duties of the County Property Appraiser from a person appointed and supervised by the Mayor to a person elected and subject to recall by the voters?� She suggested that the language be amended to change the word �recall� to �accountability� because Mr. Lopez-Cantera was seeking authority to make decisions within his office and in the budget for that office, independently from the County Commission or the Mayor. Commissioner Heyman suggested that instead of seeking a legal interpretation of the aforementioned sentence, it would be preferable to seek clarification directly from the voters in November by asking them, �whether the Property Appraiser�s Office should be independent�. She noted she was opposed to giving the Property Appraiser money to litigate against the County Commission. Commissioner Monestime said that according to the County Attorney, a lawsuit was not the only recourse available to the Property Appraiser, and the County Commission had the ability to grant some of the powers that he sought. Chairwoman Sosa noted her suggestion was to grant the Property Appraiser some of the powers he was seeking, pending the outcome of the election in November. Commissioner Monestime said he was also opposed to giving money for the Property Appraiser to sue the County, as well as the suggestion that this Commission instruct the County Attorney to refrain from defending the County in the event of a lawsuit. He suggested the Board find a compromise to resolve the Property Appraiser�s frustration. Mr. Lopez-Cantera reassured members of the Commission that his action or motivation was not to increase his power and authority, rather to determine the intent of the voters when they approved the ballot question creating the Property Appraiser�s office. He pointed out that the County Attorney was supposed to be his legal counsel; however, he disagreed with his interpretation of the law, and he wished to obtain independent legal advice. Mr. Lopez-Cantera noted the current FY budget contained an approved line item for the monies to retain outside legal counsel. He also reassured the Commission members that he did not take lightly spending the taxpayers� money, but he believed the residents of the County deserved an answer to this important question. Commissioner Monestime questioned what would happen if the Property Appraiser raised the monies to sue the County. County Attorney Cuevas responded by maintaining that his office would defend the County Commission�s policies. Commissioner Diaz said he agreed that the Property Appraiser�s Office should be independent. Conversely, he believed this office should be subject to the Conflict of Interest Code, the Inspector General�s Ordinance, etc. He said he did not believe that the Property Appraiser suing the County was the solution and that other avenues were available to allow the office to function more completely. Commissioner Diaz noted when he and his colleagues took office, they agreed under sworn oath to protect the County. He questioned whether they would be violating that oath by approving Mr. Lopez-Cantera�s request. County Attorney Cuevas pointed out that if this Commission voted to approve this request, the Property Appraiser would have the authority to spend up to $50,000 to retain legal counsel. Mr. Lopez-Cantera noted language was added to the resolution stipulating that a third party or parties could supplement the $50,000. Commissioner Diaz said he agreed that this was an awkward situation, noting if the Commission approved this request, it would mean deducting $50,000 from the County�s budget, and allocating it to the Property Appraiser to sue the County. He said he also agreed with some of his other colleagues that it would be preferable to seek clarification directly from the voters in November by asking them whether the Property Appraiser�s Office should be independent. Responding to Chairwoman Sosa�s question as to what powers he believed the Property Appraiser needed to carry out his functions properly, Mr. Lopez-Cantera said that he did not know whether this was a constitutional office. Chairwoman Sosa reiterated that this Commission did not create the Property Appraiser�s Office as a constitutional office, and to clarify the intent of the voters, it would be necessary to ask them. She asked the County Attorney to define the powers of a constitutional office versus those of a County department. County Attorney Cuevas noted the ordinance creating the Property Appraiser�s Office listed the duties and powers of the office as follows: �The Property Appraiser shall perform the duties and functions pertaining to assessing all property in the County as required by and in accordance with the Florida Constitution and the Florida Statutes.� With regard to employees, the ordinance stipulates that, �the Property Appraiser will have the authority to hire, evaluate, promote, demote or discharge office employees provided, however, that employees shall continue to have the right to challenge or appeal such decisions on the same terms as other County employees, Mr. Cuevas noted. He said the Office of the Property Appraiser shall continue to honor and abide by the terms of any existing collective bargaining agreements and negotiate any changes to any such agreement in accordance with State law.� Pursuant to Chairwoman Sosa�s question as to who would hire, evaluate, promote, demote, or discharge the employees within the Property Appraiser�s Office, County Attorney Cuevas noted the Property Appraiser had that authority, but he must follow the procedures contained with the collective bargaining agreements or the personnel rules. Commissioner Sosa noted it appeared that the only power that was missing was the Property Appraiser�s ability to negotiate with the unions. She asked how a constitutional office would differ from the Property Appraiser�s Office. County Attorney Cuevas explained that a constitutional office would not be required to follow the ordinances or policies of the County Commission; however, a constitutional office�s budget, collective bargaining agreements, and labor impasses would still require County Commission approval. Commissioner Diaz said he would not support this proposal. County Attorney Cuevas further explained that a constitutional officer could be elected on a partisan basis, by a majority vote, and would not be subject to a recall. Mr. Lopez-Cantera noted according to the Constitution, it was possible to amend the Charter to modify the process for selecting a constitutional office. Commissioner Jordan questioned whether the Property Appraiser would be able to establish his own Attorney�s Office, create basic personnel rules, lay-off employees, negotiate with the unions; and enter into contracts if the lawsuit proceeded and the judge decided that this was a constitutional office. County Attorney Cuevas noted Commissioner Jordan was correct. He clarified, however, that in the ordinance creating the Property Appraiser�s Office, the County Commission granted him full procurement authority to enter into contracts consistent with his budget, without the authority to hire outside legal counsel. Commissioner Jordan pointed out that if the Property Appraiser proceeded with the lawsuit, the County Commission would be admitting that the commissioners did not know what they were doing when they adopted the ordinance creating the Property Appraiser�s Office. County Attorney Cuevas reiterated that his office would defend the County Commission�s policies vigorously. Commissioner Jordan questioned whether the Property Appraiser would be able to raise private funds. Mr. Lopez-Cantera said that while this was a possibility, he decided to ask the County Commission first because it was fiscally responsible. He reiterated that he had identified internal funds from his office that he could use for this purpose. Responding to Commissioner Jordan�s question as to whether the current Property Appraiser would have to run again, if the Judge ruled that this was a constitutional office, County Attorney Cuevas noted this issue could come up during the trial. Commissioner Jordan asked Mr. Lopez-Cantera what he would do if the roles were reversed. Mr. Lopez-Cantera said he would give another elected official the benefit of the doubt if this were the only mechanism available to clarify an ambiguity. Commissioner Jordan noted she relied on the County Attorney and would follow his advice; therefore, she could not support this resolution because she believed it would be sending the wrong message. Commissioner Zapata questioned whether the language contained with the ballot question specified that the Property Appraiser would be a Department head. County Attorney Cuevas noted the question put before the voters was worded as follows: �Shall the Charter be amended to provide for the transfer of the duties of the County Property Appraiser from a person appointed and supervised by the Mayor to a person elected and subject to recall by the voters.� Commissioner Zapata suggested members of the Commission consider giving Mr. Lopez-Cantera the flexibility to raise funds to retain outside legal counsel. Mr. Lopez-Cantera noted he did not need the County Commission�s approval to raise funds to retain outside legal counsel. Commissioner Bovo noted it appeared that the Property Appraiser�s Office was tied to the Administration or the County Manager�s Office in the past; and whenever the County needed some funds, the Property Appraiser would raise property taxes. He said he recalled that the residents voted for an independent Property Appraiser to resolve this issue. Responding to Commissioner Bovo�s question regarding the amount of the Property Appraiser�s budget, and whether the $50,000 would come from this budget, Mr. Lopez-Cantera noted it was approximately $32 million. He said the $50,000 would come from this budget, which was projected to have a $2 million surplus. Pursuant to Commissioner Bovo�s question as to whether Mr. Lopez-Cantera was precluded from spending the $50,000 from his budget�s surplus, County Attorney Cuevas noted he did not have that authority under the existing ordinance. In response to Commissioner Bovo�s question regarding whether he negotiated the contracts of his employees, Mr. Lopez-Cantera said that he did not. Commissioner Bovo reiterated that the inability to negotiate these contracts were the primary reason for the Property Appraiser�s frustration; that he did not have the ability to manage his office as he deemed appropriate. Chairwoman Sosa noted the Property Appraiser should have the ability to negotiate with his employees and to organize his office. She reiterated that this could be accomplished by amending the ordinance. Mr. Lopez-Cantera said that the ambiguity would remain even if the ordinance were amended, because it would require changes to language contained within the Charter and the Constitution. Pursuant to Commissioner Bovo�s question as to whether the office would not be subject to oversight if it was a constitutional office, County Attorney Cuevas clarified that, there would be oversight at the level of the Department of Revenue, and State law pertaining to how the Property Appraiser performs his functions. County Attorney Cuevas noted, in response to Commissioner Bovo�s question as to whether Miami-Dade was the first County to face this issue, another County had an elected Property Appraiser who was not a constitutional officer. Mr. Lopez-Cantera clarified that out of 20 Counties with Charters, two County Charters stipulates that the Property Appraiser was not a constitutional officer, and 17 County Charters stipulates that the Property Appraiser was a constitutional officer; however, Miami-Dade County�s Charter was silent on the matter. He noted this was the reason he wanted to have this question clarified. Commissioner Bovo questioned whether the Property Appraiser�s budget allocations were set by the County Commission. He also questioned whether the Property Appraiser�s budget surplus would roll over to the next budget cycle County Attorney Cuevas explained that while the County Commission approved the Property Appraiser�s budget, the Department of Revenue also had some input into the allocations. With regard to the roll over, Ms. Jennifer Moon, Director, Office of Management and Budget, explained that currently any surplus to the Property Appraiser�s budget remained in the County�s general fund. Commissioner Bovo said that because the Property Appraiser�s budget had a $2 million surplus, he would not object to allowing Mr. Lopez-Cantera to use up to $50,000 to resolve the ambiguity. Commissioner Bell noted she understood that the Property Appraiser was seeking to clarify some ambiguity, and his only recourse was to sue the County. Conversely, she said that she understood her colleagues� dilemma. Chairwoman Sosa suggested this Commission amend the ordinance to grant the Property Appraiser some of the powers that he sought, pending the outcome of the election in November. She pointed out that the commissioners who approved the creation of the office did not intend for it to be independent, and only the residents could clarify their intent by voting in November. Mr. Lopez-Cantera asked that the commissioners vote on the item, and he would decide how to proceed. Commissioner Barreiro pointed out that Mr. Lopez-Cantera believed that the Property Appraiser�s office was constitutional, and should be managed independently. He said that when he voted on the ordinance creating that office, he intended for the Property Appraiser to be accountable to the people in his evaluation of property values. He pointed out; however, that the County�s founding fathers had a vision of a unified government for the betterment of the entire population; and this provided the Mayor with the flexibility to allocate funds as needed to save jobs and benefits. He said that for this reason, he would not support the item. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed resolution, as presented. Following the vote, Chairwoman Sosa asked Mr. Lopez-Cantera whether he would be willing to meet with her to accommodate his concerns and identify alternative solutions. Mr. Lopez-Cantera responded by maintaining that his question needed to be answered by a Judge.
15B	REPORTS
15B1
	131409	Report
	PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JULY 16, 2013(Clerk of the Board)			Approved as amended Report Mover: Lynda Bell Seconder: Jose "Pepe" Diaz Vote: 12 - 0 Absent: Edmonson
	REPORT: County Attorney Cuevas announced that pursuant to Agenda Item 15B1, Agenda Items 4D and 4E were scheduled for public hearing before the Health and Social Services Committee on Monday, August 26th, at 2 p.m. He noted Agenda Items 4A, 4B, 4C, 4G, and 4H were scheduled for public hearing before the Economic Development and Port Miami Committee on Thursday, August 29th, at 2 p.m.; and Agenda Item 4F was scheduled for public hearing before the Board of County Commission on Wednesday, September 4th, at 9:30 a.m. It was moved by Commissioner Bell that the foregoing report be approved as amended to reschedule the public hearings for Agenda Items 4A, 4B, 4C, 4G and 4H. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 12-0, (Commissioner Edmonson was absent).
15B2
	131410	Report
	COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD APRIL 2, 2013 (REGULAR BCC MEETING) APRIL 10, 2013 (SPECIAL BCC MEETING) MAY 23, 2013 (ZONING MEETING)(Clerk of the Board)			Approved Report Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
15B3
	131411	Report
	CERTIFICATE OF COUNTY CANVASSING BOARD FOR MIAMI LAKES SPECIAL MAIL BALLOT ELECTION HELD ON JUNE 25, 2013(Clerk of the Board)			Approved Report Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
15B4
	131412	Report
	CERTIFICATE OF COUNTY CANVASSING BOARD FOR PALMETTO BAY SPECIAL MAIL BALLOT ELECTION HELD ON JUNE 25, 2013(Clerk of the Board)			Approved Report Mover: Lynda Bell Seconder: Sally A. Heyman Vote: 8 - 0 Absent: Edmonson , Barreiro , Moss , Souto , Zapata
15C	COUNTY ADVISORY BOARD APPOINTMENTS
15C1
	131501	Report
	NOMINATION FOR APPOINTMENT OF RENE GORDON TO THE BLACK AFFAIRS ADVISORY BOARD			Approved
	REPORT: The Board of County Commissioners accepted the foregoing nomination read into the record by Commissioner Bovo.
15D	COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT
15E	MAYOR�S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS
16	ITEMS SCHEDULED FOR THURSDAY
16B	ZONING AGENDA (Scheduled for 9:30 a. m.)
16C	METROPOLITAN PLANNING ORGANIZATION AGENDA (Scheduled for 2:00 p.m.)
	131698	Report
	NON-AGENDA ITEM
	REPORT: Upon conclusion of today's (07/16) Commission meeting, Chairwoman Sosa thanked her colleagues and staff for the working lunch that was provided.
19	ADJOURNMENT
3	CONSENT AGENDA
5/2/2024				Agenda Key: 3365