Miami-Dade Legislative Item
File Number: 042284
   

File Number: 042284 File Type: Resolution Status: Adopted as amended
Version: 0 Reference: R-912-04 Control: County Commission
File Name: GOB CONSTRUCT & IMPROVE W&S AND FLOOD CONTROL SYSTEMS Introduced: 7/26/2004
Requester: County Manager Cost: Final Action: 7/20/2004
Agenda Date: 7/20/2004 Agenda Item Number:
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 042153] Special Item No. 1 Title: RESOLUTION PROVIDING FOR HOLDING OF GENERAL OBLIGATION BOND SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON NOVEMBER 2, 2004 WITH RESPECT TO AUTHORIZATION OF NOT EXCEEDING $378,183,000 GENERAL OBLIGATION BONDS OF SAID COUNTY TO CONSTRUCT AND IMPROVE WATER, SEWER AND FLOOD CONTROL SYSTEMS [SEE ORIGINAL ITEM UNDER FILE NO. 042153]
Indexes: GENERAL OBLIGATION BOND PROGRAM
  SPECIAL ELECTION
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 7/26/2004 Assigned Gerald T. Heffernan 7/26/2004

Board of County Commissioners 7/20/2004 Special Item No. 1 Amended Adopted as amended P
REPORT: Chairperson Carey-Shuler made an opening statement, noting that the Board would make a landmark decision on the Building Better Communities 2004 General Obligation Bond Program (Bond Program) based on the input obtained from this community. She advised that, in the event the Board decided to allow this Bond Program to be placed on the November 2, 2004, ballot, the final decision would be made by the electorate. Chairperson Carey-Shuler asked that the County Manager prepare an informative and in-depth educational package to conduct a public educational campaign. She also asked that the County Manager in conjunction with the County Attorney ensure that any official County publications provide accurate information, realistic timeframes, and expectations. County Manager George Burgess made an opening statement and commented on the level of effort required to prepare the ballot questions before the Board today. He noted that over 100 public meetings were advertised and held in the community within a three month period to obtain public input as directed by the County Commission. He advised that the current debt service millage leveraged an annual budget of $2.6 billion for projects while approximately $7 billion of unfunded needs were identified. County Manager Burgess advised the language for the foregoing proposed eight ballot questions were categorized by topic area, and each category was comprised of several projects. County Attorney Robert Ginsburg suggested that the language of the body of the foregoing proposed resolutions be amended to allow the County Commission to make additions, modifications, or deletions to the Appendix of each resolution over the next decade while the proposed projects were pending. He noted that the proposed amendments for the foregoing resolutions would be provided at a later time during the meeting. Chairperson Carey-Shuler opened the public hearing for public comments and noted that each speaker would be allowed to speak for two minutes to express their opinion on whether the proposed Bond Program should be placed on the November 2, 2004, ballot. The following persons appeared before the Board in support of the proposed Building Better Communities 2004 General Obligation Bond Program: 1. Mr. Allen Harper, Chairman of the Greater Miami Chambers of Commerce and Tri-Rail, 5915 SW 94th Street, Miami, FL 2. Ms. Robin Ryder, representing the Beacon Council and Miami Children’s Hospital Foundation, 3000 SW 62nd Avenue, Miami, FL 3. Mr. Vince Berkley, representing the Zoological Society, 5780 SW 130th Terrace, Miami, FL 4. Mr. Calixto Garcia-Velez, Chairman of the Beacon Council, 9815 SW 198th Street, Miami, FL 5. Hon. Neisen Kasdin, Former Mayor of City of Miami Beach, residing at 4520 North Jefferson Avenue, Miami Beach, FL 6. Ms. Arva Parks, historian, residing at 1601 South Miami Avenue, Miami, FL 7. Ms. Athalie Range, residing at 5727 NW 17th Avenue, Miami, FL 8. Hon. Mary Scott Russell, Mayor of City of South Miami, President of the Miami-Dade County League of Cities, 7511 SW 64th Court, Miami, FL 9. Mr. Charles Scurr, City Manager of the Village of Palmetto Bay, 11035 Killian Park Road, Miami, FL 10. Ms. Brenda Marshall McClymonds, representing the Trust for Public Land, 518 Bargello Avenue, Coral Gables, FL 11. City Attorney Mitchell Bierman, spoke on behalf of Mr. Curtis Ivy, City Manager of the City of Homestead 12. Mr. Harve Mogul, President of Miami-Dade United Way 13. Mr. George Vernon 14. Mr. George Foyo, President and CEO of the Greater Miami Chamber of Commerce, 430 Grand Bay Drive, Key Biscayne, FL 15. Mr. Frank Nero, President of the Beacon Council 16. Dr. Rudy Moise (phonetic), residing at 1717 Old Bayshore Drive, Miami, FL 17. Hon. Dorothy Johnson, Acting Mayor of the City of Opa-locka 18. Ms. Carol Garderner, representing the Tacolcy Economic Development Corp., 675 NW 56th Street, Miami, FL, and the residents of the Edison Towers 19. Mr. Steve Hagen, residing at 725 NE 73rd Street, Miami, FL 20. Mr. Alex Prado, residing at 4111 North Miami Avenue, Miami, FL 21. Mr. Serge Rodriguez, Vice President of the Haitian Heritage Museum, 278 NE 46th Street, Miami, FL 22. Mr. Kenneth Kilpatrick, Chairman of Model City/Brownsville Charrette Committee 23. Mr. Roberto Torres, The Nature Conservancy, 2455 East Sunrise Blvd., Sunrise, FL 24. Ms. Miriam Walker, resident of Edison Towers 25. Mr. Luis Derosa, residing at 17840 NE 6th Court, Miami, FL 26. Mr. Gustavo Casado, Chairman of the Affordable Housing Board Mr. Allen Harper noted that the Greater Miami Chamber of Commerce would provide full support to the proposed Bond Program and volunteered the services of the organization to assist in the public educational campaign. Ms. Robin Ryder urged the County Commission to approve the proposed Bond Program as proposed by the County Manager’s Office and that Special Items Number 2 and 8 be placed on the ballot as separate questions. Mr. Vince Berkley urged the County Commission to approve the placement of the proposed Bond Program in the November 2004 ballot. He noted that it would have an economic impact for the next twenty years inasmuch as certain proposed projects would greatly enhance this community. He advised the members of the Zoological Society would like to volunteer their services to assist in the public educational campaign. Mr. Calixto Garcia-Velez noted the Beacon Council’s Board of Directors had unanimously approved the support of the proposed Bond Program. The Honorable Neisen Kasdin commended the County Manager and his staff for their work on the preparation of the proposed Bond Program. He noted that it would provide for the many basic infrastructure needs of this community. Ms. Arva Parks urged the County Commission to approve the placement of the proposed Bond Program on the November 2004 ballot and volunteered her services for its promotion. Ms. Athalie Range expressed her support for the proposed Bond Program. The Honorable Mary Scott Russell, Mayor of City of South Miami, advised the Miami-Dade County League of City fully supported the proposed Bond Program. She urged the support of the County Commission and asked that Special Items Number 2 and 8 be placed on the ballot as separate questions. Mr. Charles Scurr urged that the County Commission approve the placement of the proposed Bond Program on the November 2004 ballot and that Special Items Number 2 and 8 be placed on the ballot as separate questions. Ms. Brenda Marshall McClymonds urged the support of the County Commission for the placement of the proposed Bond Program on the November 2004 ballot. She asked that the Board move funding for the “Environmentally Endangered Land Program” and “Purchase Development Rights for the agricultural lands” listed under Special Item Number 1 to Special Item Number 2. She also asked that Special Items Number 2 and 8 be placed on the ballot as separate questions. City Attorney Mitchell Bierman, appeared before the County Commission on behalf of City Manager Curtis Ivy, City of Homestead, and expressed the City’s support for the passage of the proposed Bond Program, especially for the ballot questions authorizing funding for parks related projects and the Homestead Landfill Project. Mr. Harve Mogul advised that the Board of Directors of Miami-Dade United Way had concluded its third discussion on the proposed Bond Program on June 29, 2004, and were in full support of it as proposed. He noted that the United Way looked forward to working together with the County Commission to secure public support. Mr. George Vernon spoke in support of the proposed Bond Program, particularly, for those funding recommendations relating to parks improvements. Mr. George Foyo advised the Board of Directors of the Chamber of Commerce had approved a resolution in support of the proposed Bond Program and expressed their full commitment in supporting the initiative to secure public support and have it approved by the electorate. Mr. Frank Nero noted that the proposed Bond Program would be an economic stimulus and would create employment opportunities for this community. Dr. Rudy Moise (phonetic) spoke in support of the proposed Bond Program. The Honorable Dorothy Johnson, Acting Mayor of City of Opa-Locka, commended the County Manager and his staff for the open discussions established in the community and asked that Special Items Number 2 and 8 be placed on the ballot as separate questions. Ms. Carol Garderner spoke in support of the proposed Bond Program, especially for Special Item Number 7, relating to the preservation of affordable housing. She asked that additional funds be dedicated to subsidize low income residents. Mr. Steve Hagen spoke in support of the proposed Bond Program, especially for the preservation of park space. Mr. Alex Prado spoke in support of the proposed Bond Program and asked for funding for social service community centers not included in the proposed funding allocation for competitive grants. He also asked for support of cultural agencies. Mr. Serge Rodriguez spoke in support of the proposed Bond Program, particularly Special Item Number 8, and asked that funding for cultural projects be established in the Haitian community to facilitate growth and development in the community. Mr. Kenneth Kilpatrick commended the County Manager on how the ballot questions were categorized and spoke in support of the proposed Bond Program. Mr. Roberto Torres expressed the support of The Nature Conservancy for the proposed Bond Program as proposed. He thanked County staff for including the environmentally endangered lands and purchase of development rights programs. He asked that the issues of environmentally endangered lands and the purchase of development rights be revisited and transferred to Special Item Number 2. Ms. Miriam Walker spoke in support of the proposed Bond Program. Mr. Luis Derosa spoke in support of the proposed Bond Program and noted that the Miami-Dade County Chamber of Commerce had initiated a promotional campaign in conjunction with the County Manager’s Office. Mr. Gustavo Casado expressed the support of the Affordable Housing Board for the proposed Bond Program as proposed, particularly for Special Item Number 7. The following persons appeared before the Board to oppose the proposed Bond Program or to indicate a neutral position: 1. Mr. Stan Hills, President of Fire Fighters Union, Local 1403, 8000 NW 21st Street, Miami, FL 2. Mr. Carlos Dolz, residing at 26615 SW 145th Avenue Road, Miami, FL 3. Mr. Dario Marino, FIU Professor, residing at 822 Venetia Avenue, Coral Gables, FL Mr. Stan Hills expressed his concern for unresolved firefighters’ issues such as the Training Facility Project, the construction of three fire stations, and several budget issues. He noted that the members of the Fire Fighters Union wished to withhold their support of the proposed Bond Program until their concerns were addressed. He pointed out that the advertising literature indicated dedicated funding for fire fighters’ issues even though there was no funding listed in the proposed Bond Program. He stressed the importance to advertise the proposed Bond Program honestly. Mr. Carlos Dolz spoke in objection to the proposed Bond Program inasmuch as a tax increase could arise from it. He advised that, in his opinion, museum projects would be funded before any other community needs were addressed. Mr. Dario Marino asked that the ballot questions be kept short and voiced his neutral position in the proposed Bond Program. There being no one else to appear, Chairperson Carey-Shuler closed the public hearing to the public, and opened the floor for debate and deliberation by the County Commission. In response to Commissioner Moss’s question, County Manager Burgess explained how the proposed Bond Program was grouped into the various areas of interest and eight questions. In connection with the inquiries made by several members of the County Commission relating to funding allocations of district related projects and reallocation of funds, County Manager Burgess advised that the proposed Bond Program included costly projects of regional significance; and it had been complicated to coordinate. He noted that those regional projects were clearly recognized as regional rather than district related. He advised that each ballot question was categorized into a specific grouping of projects; and once the County Commission approved the proposed ballot questions, the funds were committed to each category upon the approval of the electorate. He stated that funding for district related projects could be reprogrammed to other district related projects within the same project category, if needed, after the ballot questions were approved by the electorate. He advised a methodology process was already in place for the reprogramming of funds within the same category. County Manager Burgess advised that the reallocation of funds among the different categories required to be completed at today’s meeting prior to being placed on the ballot. In connection with Commissioner Sosa’s inquiries on how the funds were distributed per district and the rationale used to determine the funding allocations for district related projects for Commission District 6, County Manager Burgess advised that each commission district was allocated approximately $57 million for projects. He advised that the projects listed for Commission District 6 were a combination of genetic allocations improvement projects such as stormwater and drainage improvements, very specific park projects, and historic preservation. He advised that the proposed list of projects for Commission District 6 would be revisited with her; and the funds would be reprogrammed, if necessary. County Attorney Ginsburg read into the record all of the proposed ballot questions presented before the Board at today’s meeting as requested by Chairperson Carey-Shuler. County Attorney Ginsburg noted that the last sentence in Section 10 of each proposed resolution should be amended to read: “All additions, deletions, and significant modifications to individual projects or to Appendix A shall require a majority vote of the Board after public hearing.” County Attorney Ginsburg noted that Section 12 of each proposed resolution should be amended to delete the last sentence of the first paragraph. County Attorney Ginsburg advised that the foregoing amendments would not cause a title change in the proposed resolutions. In connection with Commissioner Morales’ question, County Manager Burgess responded that the County Manager’s report entitled “Report on the General Obligation Bond Special Election for the Building Better Communities 2004 Bond Program” submitted for today’s meeting included a recommendation to create a citizen’s advisory group; and it would be created by the County Commission through ordinance. In connection with Commissioner Morales’ inquiry relating to the appropriate time to create the citizen’s advisory board, County Attorney Ginsburg explained the legislative process for the proposed Bond Program. He advised the advisory board would be created by ordinance subsequent to the enactment by ordinance of any of the foregoing proposed resolutions. Commissioner Morales requested a proposed ordinance be drafted for first reading for consideration either at the Board of County Commissioners’ meeting scheduled for July 27, 2004, or September 9, 2004, creating a citizen’s participation or advisory group. In response to Commissioner Heyman’s inquiry, Mr. Russ Marchner, Executive Director, Miami-Dade League of Cities, advised that his organization supported the placement of each ballot question before the Board today as separate questions. In response to Commissioner Heyman’s inquiry relating to whether the enactment of the proposed Bond Program would cause a tax rate increase, County Manager Burgess responded that the absolute intent was to keep the tax rate at its current level or no higher than .390 mills. He clarified the tax rate could be affected by cataclysmic and unforeseen events. He advised that the maximum tax increase which could be incurred by a homeowner would be an annual average cost of $20 to $26 based on the assessed value to a home of an average value assuming the annual 3% assessment increase due to assessment growth. Commissioner Heyman reiterated that the enactment of the proposed Bond Program itself would not result in a tax rate increase for homeowners. Commissioner Heyman asked that funding be allocated for the Homeless Trust and the construction of the Highland Oaks Fire Station. She also asked that additional funds be allocated for community healthcare centers facilitating local healthcare. Commissioner Diaz announced the Incorporation and Annexation Subcommittee meeting scheduled for 5:00 p.m. today was cancelled. In response to Commissioner Morales’ inquiry relating to whether the generalized project description for the Environmentally Endangered Lands Program (EEL) would affect which lands were eligible under this Program, County Manager Burgess advised that the funds of the proposed Bond Program were intended to continue the existing EEL Program. Commissioner Morales asked that the categories of Purchase Development Rights (PDR) and Environmentally Endangered Lands Program (EEL) be included in Special Item Number 2. Commissioner Morales questioned whether the funds from the convention development taxes pledged to the development of the baseball stadium could be utilized to fund the renovation of the City of Miami Beach Convention Center (Convention Center) in order to reprogram the $55 million allocated to the Convention Center in the proposed Bond Program if the baseball stadium was not developed. County Manager Burgess responded the terms and conditions agreed to in the Second Amendment to the Interlocal Cooperation Agreement with the City of Miami Beach would have to be renegotiated inasmuch as Miami-Dade County agreed to include the Convention Center Expansion Project as part of the proposed Bond Program. In regards to Commissioner Morales’ inquiry with respect to the funding allocation for beach renourishment and whether geographic limitations existed, County Manager Burgess stated that the approximately $17 million earmarked for beach renourishment was for beach restoration projects due to erosion and would be allocated based on identified needs. In response to Commissioner Morales’ inquiry relating to the cost of $140 million for bond issuance and whether savings could be realized, County Attorney Gerald Heffernan stated the general cost to issue bonds was approximately 2%; but the cost of underwriting fees represented an additional expense. He noted that the specified amount for bond issuance may include the underwriters discount due to the cost to have underwriters market the bonds. Ms. Rachel Baum, Finance Director, Miami-Dade County Finance Department, advised that the department normally allocated approximately 2% for bond issuance costs to include all professional costs. She said that the department had factored in an estimated cost for the implementation of a Commercial Paper Program in the early years to provide additional capacity. County Manager Burgess clarified that additional funds would become available for other unfunded projects in the event issuance costs were less than anticipated. He explained the cost, size, and operating budget impact of the proposed Bond Program. Commissioner Morales asked that the County Manager provide him with a copy of the findings of the analysis, if done, to determine the costs of the bond issuance and operating costs. In response to Commissioner Morales’ inquiry relating to whether all of the operating expenses incurred from the issuance of the bonds would result in a millage rate increase, County Manager Burgess advised that there were no assurances the millage rate would remain at the same level over the next 15 years. Commissioner Morales made the following requests: - that the New Haitian Community Center be funded an additional $7 million to increase the organization’s funding level to its initial funding request of $17 million; - that an additional $15 million be allocated to the Vizcaya Museum and Gardens; and - that funds be allocated to build the Puerto Rican Community Center. Commissioner Morales stated, for the record, that the $50 million funding allocation to renovate the Orange Bowl Stadium be reprogrammed to fund some of the identified unmet needs. Commissioner Sosa made the following requests: - that the County Manager meet with Mr. Stan Hills to review the needs of the Miami-Dade Fire Rescue Department; and - that the funding allocation for the Coconut Grove Playhouse be increased. Commissioner Sosa advised that the following funding requests for Commission District 6 had been previously submitted to the County Manager’s Office and excluded from the proposed list of projects: - that a funding allocation be included for stormwater drainage improvements mostly for the area behind the mall located on NW 82nd Avenue; - that the funding allocation to restore the Curtiss Mansion be increased; - that a funding allocation be included for affordable housing for the residents of the Flagami area; - that a funding allocation be included for a multi-purpose facility; - that the total number of affordable housing units to be built be increased; - that a healthcare facility be established in the area of east Hialeah to serve all residents in the surrounding areas in partnership with Jackson Memorial Hospital; and - that a police station be constructed to serve the residents of the areas of Westchester and Little Gables within Commission District 6 and the patrons of the Sharman Park. Commissioner Moss noted that Special Items Number 1 and 2 should be presented to the electorate as separate ballot questions. Commissioner Moss noted that several district related funding recommendations previously submitted to the County Manager were excluded from the proposed list of projects. He asked that the following funding allocations be made: - that the proposed $74 million allocated for the Miami Metrozoo be increased to fund projects not included as part of the recommended allocation to improve the immediate zoo experience; - that the proposed funding allocation for the South Dade Cultural Arts Center be increased $10 million from the $30 million earmarked for cultural arts to build additional classrooms; - that additional funds be dedicated to targeted urban areas; - that funding be allocated to the Stephen P. Clark Center for renovations to improve the building’s appearance to equate the elegance of other government facilities around the country; - that funds be dedicated to preserve certain urban lands in order to be able to control and eliminate drug related and other undesirable activities; - that funds be dedicated to preserve environmentally endangered lands located within the urban core of Miami-Dade County; and - that funds be dedicated to water and sewer projects along the corridor of US1 through the Perrine/Cutler Ridge area. In response to Commissioner Moss’s inquiry relating to prioritization and ranking of the proposed projects, County Manager Burgess advised that the proposed Bond Program was a multi-year program in effect for over 13 years whereby projects would be prioritized by readiness status and by neighborhood related projects such as local park and sidewalk improvements. He advised that it was also a function of which questions were approved by the electorate. Commissioner Moss noted that he would provide the County Manager with a written list of district related projects for inclusion in the proposed list of projects for the proposed Bond Program. Commissioner Barreiro made the following requests: - that the two funding allocations within the City of Miami Beach for Lumus Park and South Beach Park be combined into one category as LumusPark/South Pointe Park together with the same proposed funding recommendations; - that the funding allocation of $2 million for the City Hall of the City of Miami Beach, be placed under Special Item Number 8 instead of Special Item Number 6; - that the funding allocation of $5 million earmarked for affordable housing and homeownership be exclusively designated for affordable housing for the elderly within Commission District 5; - that the Miami Beach Community Health Center be funded inasmuch as there was a timeframe to secure a site; - that $10 million be allocated to the Cuban Museum; and - that $10 million be allocated to the Wolfsonian Museum. Commissioner Barreiro commented on the issue of the funds earmarked for beach renourishment. Commissioner Rolle made the following requests: - that a funding allocation be included to renovate the Northside Police Station; - that the proposed list of park related projects be revised to add his proposed list of projects to be submitted to the County Manager; - that the number of housing units for the elderly in Commission District 2 be increased within the vicinity of NW 79th Street and 7th Avenue and NE 79th Street and 1st Avenue; and - that $3 million be allocated to the City of North Miami for the construction of a government facility. Commissioner Rolle questioned the funds dedicated in the proposed Bond Program for landfill closures and the resolution approved at the Board of County Commissioners’ meeting of February 17, 2004, authorizing the expenditure of $130 million to fund the closure of the City of North Miami Munisport Landfill. County Manager Burgess advised that the financing plan was to issue the bond debt pledging the Stormwater Utility Service Fee component dedicated to Solid Waste prior to the end of December 2004 for landfill closures and the cleanup of the aforementioned site with funds also designated for the opening of a subsequent cell for Virginia Key and the closure of a cell in South Dade–Homestead. He advised that the financing plan also identified County facilities and would allow the use of funds generated through the general obligation debt to supplement the Stormwater Utility Service Fee funds to leverage landfill opening and closures. He noted the proposed financial plan would provide more financial flexibility on how those landfills closures were managed into the future. Assistant County Manager Joseph Ruiz stated that the Decade of Progress Bond Program provided the funding source for all of the subject landfill facilities and were funded progressively through the Disposal Fund over the years. He noted that the funds from the proposed Bond Program were necessary to finance the final closures of these long-term projects. County Manager Burgess clarified that the resolution referenced by Commissioner Rolle included both municipal and non-county owned landfill closures to include “Super Fund” sites, facilities with environmental reasons requiring to be closed, and county-owned facilities requiring to be closed. Commissioner Sorenson voiced her support for the eight ballot questions before the Board today and asked that Special Items Number 2 and 8 be presented to the electorate as separate ballot questions. Commissioner Sorenson expressed her concerns regarding the Miami-Dade Fire Rescue Department withholding their support. She recommended that the County Manager meet with Mr. Stan Hills to resolve the concerns of the firefighters. County Manager Burgess noted that some of the concerns expressed by Mr. Stan Hills were budgetary in nature and other were management related issues requiring to be discussed with him and the management of the Miami-Dade Fire Rescue Department. He expressed his commitment to resolving some of these issues. Commissioner Sorenson made the following requests: - that the proposed list of projects include water and sewer improvements within Commission District 8’s Perrine/Cutler Ridge area from SW 168th to 184th Street as a line item; - that the categories of EEL and PDR be transferred to Special Item Number 2; - that CHI be included with healthcare facilities in Special Item Number 5; - that $5 million be allocated to the Children’s Crisis Center; - that funds be allocated for park improvements at the Briar Bay Park and Gloria Floyd Park; - that funds be allocated for land acquisition east of the Turnpike between North Kendall Drive and SW 152nd Street to build a park; - that an additional $15 million be allocated to the $35 million funding allocation for the Vizcaya Gardens and Museum; - that an additional $5 million be allocated to the Coconut Grove Playhouse; - that $25 million be allocated to the Homeless Trust under Special Item Number 7; - that $5 million be allocated to the Florida Grand Opera Theater; and - that $10 million be allocated to the Wolfsonian Museum. Commissioner Souto made the following requests: – that a police substation be built at Tropical Park; – that improvements to the bridge located at SW 82nd Avenue and 80th Street be expedited; – that illuminated traffic signs be installed throughout Commission District 10; – that approximately $400,000 be allocated to install a new marquee sign at Tropical Park; – that a funding allocation be included for the ongoing construction project in partnership with the federal government at Tamiami Trail and 88th Avenue for affordable housing for the elderly; – that $400,000 be allocated to build a skate boarding area at Tropical Park; – that $5 to $6 million be allocated to build an indoor gymnastic/basketball center at either Tamiami Park or Tropical Park; and – that $700,000 be allocated to build a bike path along SW 48th Street to connect three schools. Commissioner Souto expressed his wholeheartedly support to have the Performing Arts Center Project come to its completion and voiced his support for the ballot question relating to library related projects. Commissioner Ferguson asked that Special Item Numbers 2 and 8 be placed on the ballot as separate questions. Commissioner Ferguson made the following requests: - that $3 million from Commission District 1’s funding allocation for water and sewer improvement projects in the UMSA area be reprogrammed for park related projects within Commission District 1; and - that a timetable be established for the proposed list of projects or for projects within Commission District 1. In connection with Commissioner Ferguson’s inquiry regarding the funding source to build the fire station facility in Commission District 1, County Manager Burgess advised that he would provide a reply upon the completion of his review of all the funding requests made at tonight’s meeting. Commissioner Heyman proposed to utilize a portion of Commission District 4’s funds to build the fire station. Commissioner Martinez commented on the issues of the funding allocations dedicated to drainage improvements for new developments and the requirement in the current subdivision process requiring developers to bring drainage to level with county code standards. In response to Commissioner Martinez’s remarks relating to funds dedicated to drainage improvements for new developments, County Manager Burgess advised the sites selected for drainage improvements were identified by the Department of Environmental Resources Management (DERM). Department Director John Renfrow affirmed that developers were required to bring drainage to level with county code standards in the current subdivision process. In response to Commissioner Martinez’s question relating to drainage improvements for new developments, Capital Improvements Coordinator Roger Hernstadt clarified that the proposed sites recommended for drainage improvements were sites with documented drainage problems and existing roads adjacent to vacant properties which may be in the process of being developed. He noted that the funds dedicated to the recommended drainage project would be reprogrammed in the event the undeveloped properties were developed. Discussion ensued in connection with the funding allocations dedicated to drainage improvements within Commission District 11. Commissioner Martinez voiced his objection to the transfer of EEL related projects from Special Item Number 1 to 2. In response to Commissioner Martinez’s inquiry relating to the recent increase in the libraries millage to construct new libraries, County Manager Burgess advised that four additional libraries were included in the proposed Bond Program in addition to those libraries already included in the “Pay As You Go Program” through the Library District Millage Program. He noted that the funds generated through the proposed Bond Program would expedite the implementation of the library program and allow for the use of the increment millage to operate the accelerated libraries as well as the four additional libraries included. In response to Commissioner Martinez’s inquiry relating to the funds allocated for municipal park improvements, County Manager Burgess advised that funding for municipal park related projects would be taken from the municipal allocation. In connection to Commissioner Martinez’s inquiry relating to how funds were allocated among the County Commission districts, specifically, when certain districts were composed of UMSA and municipal areas, County Manager Burgess advised that the distribution of funds for neighborhood related projects, which were considered municipal in scope and scale, was based on jurisdiction not commission districts. He explained the distribution formula, noting that there were 35 municipalities with UMSA representing the 35th with the distribution formula based on 75% population and 25% value (75/25). Capital Improvements Construction Coordinator Hernstadt explained to Commissioner Martinez the justification for allocating fewer funds to Commission District 11 which was totally composed of UMSA areas as opposed to the funds allocated to other County Commission districts composed of several municipalities. He noted that the UMSA component was calculated with the distribution formula of 75/25. Discussion ensued in connection with the funding allocations across the districts for infrastructure improvements such as water and sewer. Discussion ensued in connection with the resolution relating to the ballot question for parks related projects, the formula to distribute the funds, and how projects would be prioritized. Commissioner Seijas expressed support to fund the Coconut Grove Playhouse, museums, and Miami Metrozoo. Commissioner Seijas voiced her objection to the funding allocation of $50 million to renovate the Orange Bowl Stadium and dedicating funds to the Homeless Trust. Commissioner Seijas expressed her concern for the exclusion of the firefighters’ issues. Commissioner Seijas made the following requests: - that $10 million be allocated to complete the Performing Arts Center for Hialeah Senior High School; - that funds be allocated to complete the installation of the schools signs; and - that funds be allocated to construct a North Dade Government Center. Commissioner Seijas expressed the following concerns and/or complaints: - that the issuance size of the proposed Bond Program had fluctuated several times; - that she had concerns on the validity of the financial information presented to the Board; - that the reports and information requested from the consultant on the findings of the 47 public meetings held and methodology utilized to analyze and summarize public input was omitted; - that the municipalities were not apprised prior to submitting funding requests of the fact that the proposed Bond Program was composed of several ballot questions in order for them to better scrutinize projects; - that the oversight responsibility for each ballot question should rest solely on the County Commission; and - that the proposed Bond Program should not have been developed by a consultant based on polling results. Commissioner Seijas noted that she would cast a “NO” vote to all of the proposed ballot questions before the Board today inasmuch as it was a consultant driven Bond Program. Commissioner Diaz commented the intent of the proposed Bond Program was to improve the quality of life for the residents of Miami-Dade County and commended the County Manager and his staff for their participation in its coordination. Commissioner Diaz recommended that Special Items Number 2 and 8 be presented to the electorate as separate ballot questions. Commissioner Diaz made the following requests: - that $2.3 million be allocated to assist an ongoing stormwater drainage improvement project in the City of Sweetwater; - that the funding issues with the Miami-Dade Fire Rescue Department be readdressed, especially those funding issues included in the advertising flyer for the proposed Bond Program; - that the overall proposed funding allocation for affordable housing be doubled; and - that affordable housing be built for the west area of Miami-Dade County. County Manager Burgess reiterated that the flyer being referred to was produced for an informational campaign at a time when there was a list of unmet needs totaling $7 billion, and it predated the final recommended list of projects totaling $2.6 billion. He noted that the referenced advertising flyer indicated the type of projects which could be included in the proposed Bond Program. He stated that funding issues pertaining to the Fire District were capital related issues unrelated to the Bond Program. County Manager Burgess noted that funding for the firefighters Training Facility Project and several fire stations were excluded from the proposed list of projects for the proposed Bond Program because those projects were funded through a prior Fire Rescue Bond Issue. He noted that the construction of the training facility needed to be expedited. Capital Improvements Construction Coordinator Hernstadt noted that the Training Facility Project was in the process of being re-advertised because all of the respondents to the advertised bid solicitations were deemed to be non-responsive. He noted receipt of the submittals was expected within 30 days. He also noted that Mr. Stan Hills had been provided with a current status report of the subject project on several occasions. In response to Commissioner Diaz’s inquiry relating to whether the referenced advertising flyer was still being distributed, County Manager Burgess noted that he had asked that these flyers be collected to update and refresh all of the information contained in the flyer to reflect the actions taken by this Board today. Pursuant to County Manager Burgess’ request for clarification, Commissioner Diaz clarified that his previous request regarding a funding increase for affordable housing was to double the proposed overall total funding allocation. Capital Improvements Construction Coordinator Hernstadt noted that the current proposed overall funding allocation for affordable housing included in the proposed Bond Program was $137.5 million with existing sites requiring to be addressed. He stated that currently $77 million of the proposed overall total funding amount was available for new development in each district. In response to Commissioner Diaz’s inquiry, Acting Director Alphonso Brewster, Miami-Dade Housing Agency, noted that the existing unfunded need for public housing was over $100 million, representing approximately an unfunded need of 30,000 to 40,000 units for public housing and 50,000 to 60,000 units when including housing for the elderly. He noted that $70 million would build approximately 600 to 700 affordable housing units, and the proposed Bond Program would provide approximately 1,000 units of affordable housing. Chairperson Carey-Shuler noted that the trend was not public housing but either affordable housing or home ownership. Commissioner Barreiro commented that the existing trend was for housing for the elderly or home ownership. Commissioner Morales voiced his support for setting priority for infrastructure improvements in targeted urban areas and transit corridors. Commissioner Morales clarified that his previous funding request for the construction of the Puerto Rican Community Center was $5 million and an additional $7 million for the New Haitian Community Center. Commissioner Morales recommended that the $50 million funding allocation for the renovation of the Orange Bowl Stadium be reprogrammed to build affordable housing units. Commissioner Seijas voiced her opposition to the funding reduction to the Mental Health Facility from $22 million to $16 million and asked that the initial proposed funding allocation of $22 million be restored. County Manager Burgess noted the Mental Health Facility Project was not down scoped, but the funding level was reduced due to a recalculation of the estimated project costs. Discussion ensued as to how the parks were categorized and designated. In connection with Commissioner Ferguson’s request that guidelines and/or criteria be developed to determine whether a project could be initiated, Chairperson Carey-Shuler noted that the criteria to prioritize the projects would be presented before the Board after the approval of the ballot questions by the electorate. Chairperson Carey-Shuler commented on the veto rights of the Miami-Dade County Mayor, noting that he had agreed to reduce the time allotted to veto any of the foregoing proposed items to five days. She noted that the Board would have sufficient time to override the Mayor’s vetoes by taking action on the foregoing proposed resolutions tonight in the event an item was vetoed. Chairperson Carey-Shuler requested that those recipients of funds generated through the proposed Bond Program who had matching dollars from the private sector be asked to secure the matching funds first prior to the commitment of any County funds. Chairperson Carey-Shuler made the following requests: - that funds be allocated to the Florida Grand Opera Theater; - that funds be allocated to the Lyric Theater; - that the community healthcare centers be supported; - that $5 million be allocated to the Empowerment Zone for the revitalization of the Martin Luther King - Business Center; - that $5 million be allocated to the Empowerment Trust for the revitalization of the Carver Theater; and - that $10 million be allocated for targeted urban areas throughout the County. Chairperson Carey-Shuler noted that she expected the size and scope of the projects be reviewed to determine if the proposed projects could be completed without the need to commit additional funds to operate the projects. Chairperson Carey-Shuler asked that the members of the Board submit to the County Manager any proposed district related reallocations, and all revisions to the current proposed list of projects developed during the recess would be read into the record by the County Manager for the Board to take action. Chairperson Carey-Shuler announced that the meeting would be recessed until 8:00 p.m. today to allow the County Manager an opportunity to review the suggestions and recommendations made by the members of the County Commission at tonight’s meeting and prepare recommendations. Upon the conclusion of the foregoing deliberations and prior to the recess, the following motions were made: It was moved by Commissioner Sorenson that Special Items Number 2 and 8 be presented to the electorate as separate ballot questions. This motion was seconded by Commissioner Heyman; and upon being put to a vote, passed by a unanimous vote of 10-0. (Commissioners Martinez, Sosa, and Souto were absent) It was moved by Commissioner Sorenson that the issues to Purchase Development Rights and Environmentally Endangered Lands be transferred from Special Item Number 1 to Special Item Number 2. This motion was seconded by Commissioner Morales; and upon being put to a vote, passed by a unanimous vote of 10-0. (Commissioners Martinez, Sosa, and Souto were absent) It was moved by Commissioner Morales that the $50 million funding allocation to renovate the Orange Bowl Stadium be reprogrammed. This motion was seconded by Commissioner Seijas, and the floor was opened for discussion. Commissioner Barreiro voiced his opposition to the foregoing motion and noted that the Orange Bowl Stadium needed the proposed renovations. He stated the City of Miami would have a much broader plan for the Stadium after the renovations were completed. County Manager Burgess noted that the renovations for the Orange Bowl Stadium had an estimated cost of approximately $131 million which would be leveraged from several funding sources by either the City, County, or future generated revenues from the Stadium. He stated the Stadium was the signature landmark for the City of Miami, and the facility could be utilized for other opportunities besides housing baseball games once the renovations were completed. Commissioner Barreiro asked that a provision be included requiring the City of Miami to utilize the revenues generated from the operation of the Orange Bowl Stadium towards its renovation. Chairperson Carey-Shuler asked that the City of Miami be required to secure all of the financing for the proposed renovations to the Orange Bowl Stadium prior to the commitment of any County funds. In response to Chairperson Carey-Shuler’s inquiry, County Manager Burgess noted that the City of Miami was responsible for the maintenance of the Orange Bowl Stadium. In response to Commissioner Seijas’ inquiry, County Manager Burgess advised that the City of Miami utilized a portion of the 20% of the Tourist Development Tax (TDT) to support the operation and maintenance of the Orange Bowl Stadium. Commissioner Seijas commented the Orange Bowl Stadium renovations could be financed with TDT funds. Commissioner Seijas asked that the funding allocations for affordable housing and the Mental Health Facility be increased. Upon the conclusion of the foregoing discussion on the motion to reprogram the $50 million funding allocation for the Orange Bowl Stadium, the motion was put to a roll call vote and failed by a vote of 3-7. (Commissioners Barreiro, Diaz, Heyman, Moss, Rolle, Sorenson, and Chairperson Carey-Shuler voted “NO”) (Commissioners Martinez, Sosa, and Souto were absent) Commissioner Sorenson noted that her vote on the Orange Bowl Stadium issue was subject to the proposed list of projects to be submitted by the County Manager after the recess. The meeting was recessed until 8:00 p.m. to allow the County Manager an opportunity to review all proposed list of projects submitted in writing and recommendations made by the members of the County Commission at tonight’s meeting and provide them with proposed recommendations. Upon the completion of the roll call by the Deputy Clerk after the recess and having a quorum, the Special Meeting of the Board of County Commissioners was resumed at approximately 9:00 p.m. to continue its consideration of the proposed ballot questions for the proposed Bond Program. In response to Commissioner Moss’s question, County Manager Burgess noted that $75 million was allocated to the Economic Development Fund as an undesignated countywide pool of funds to make investments to attract businesses and create jobs in areas of demonstrable need or targeted areas. He noted that specific criteria as to the locations would be established. He stated that his proposed funding recommendations would include a funding increase for targeted urban areas. Commissioner Rolle suggested that Special Item Number 8 be bifurcated to have museum related projects comprise one ballot question and have the remaining proposed projects contained in Special Item Number 8 included in Special Item Number 2. Commissioner Rolle suggested that the question of building new facilities for the new Miami Art Museum (MAM) and the new Miami Museum of Science & Planetarium/Historical Museum of Southern Florida be placed in a separate ballot question. Commissioner Sorenson voiced her opposition to bifurcating Special Item Number 8. Discussion ensued in connection with the issue of equitable distribution and how the projects were categorized. Commissioner Seijas commented on the total funding allocation for Commission District 13 and the $23 million earmarked for Amelia Earhart Park, noting that only $3 million was allocated to Commission District 13 for district related projects. She protested the funding allocation for district related projects for Commission District 13. County Manager Burgess noted that the additional funds required to fund the additional proposed list of projects were realized based on the following: - the elimination of the Cultural Facilities Fund for $30.5 million in savings; - the financing reorganization of landfill closure projects resulting in $38.750 million in savings; and - the assumption that the homestead exemption would remain at $25,000 inasmuch as $50,000 was used to prepare the proposed Bond Program due to the pending ballot question on the issue of the homestead exemption. County Manager Burgess noted that it was possible that the millage rate would be increased a few years from now. County Manager Burgess advised that the proposed eight ballot questions before the Board today were modified to incorporate the requests made at today’s meeting. Upon the conclusion of the foregoing discussion and per the request of Commissioner Barreiro, County Manager Burgess read into the record the following additional proposed recommendations: - $7.5 million funding allocation for the design and construction of a North Dade Government Center Facility under Special Item Number 6; - $6 million additional funding allocation for the Mental Health Facility under Special Item Number 4; - $10 million funding allocation for the Hialeah Performance Arts Project for Hialeah Senior School under Special Item Number 8; - $2.5 million funding allocation for the Puerto Rican Community Center under Special Item Number 6; - $5 million funding allocation for the Carver Theater Project under Special Item Number 8; - $5 million funding allocation for the Martin Luther King Business Center Project under Special Item Number 3; - $5 million additional funding allocation for the Coconut Grove Theater under Special Item Number 8; - $40 million additional funding allocation for affordable housing under Special Item Number 7; - $13 million additional funding allocation for Miami Metrozoo under Special Item Number 2; - $10 million funding allocation to construct classroom space at the South Dade Cultural Center under Special Item Number 8; - $2 million reduction to the renovation of the Old City Hall of the City of Miami Beach under Special Item Number 6 to reprogram the funds to Special Item Number 8 for historic preservation projects; - $10 million funding allocation for the Cuban Museum Project under Special Item Number 8; - $10 million funding allocation for the Lyric Theater under Special Item Number 8; - $5 million funding allocation for the Florida Grand Opera Theater Project under Special Item Number 8; - $10 million funding allocation for the Wolfsonian Museum under Special Item Number 8; - $25 million funding allocation for the CHI Facility and the Stanley Meyers Facility located on the beach under Special Item Number 5; - $4 million funding allocation for local parks projects in Commission District 2 under Special Item Number 2; - $10 million funding allocation for the Northside Police Station Renovation Project under Special Item Number 4; - $500,000 funding allocation for the Gloria Floyd Park-Pineshore Pineland Preserve and Briar Bay Park in Commission District 8 under Special Item Number 2; - $700,000 funding allocation for bikeway projects in Commission District 10 under Special Item Number 3; - $3 million funding reduction to Special Item Number 1 for Commission District 1 to increase $3 million to Special Item Number 2; - $15 million funding allocation to the Economic Development Fund for targeted urban areas under Special Item Number 3; - $1 million funding allocation for stormwater drainage improvements in Commission District 6’s station located on SW 82nd Avenue under Special Item Number 1; - $825,000 funding reduction to drainage improvements in Commission District 9 under Special Item Number 1; - $1 million funding reduction to Homestead Bayfront Park under Special Item Number 2; - $7.943 million funding reduction to Homestead Air Reserve Base Park under Special Item Number 2; - $3.6 million funding allocation increase for West Perrine Park under Special Item Number 2; - $1.5 million funding allocation increase to Sergeant Joseph Delancy Park under Special Item Number 2; - $243,000 funding allocation increase for Goulds Park under Special Item Number 2; - $1.5 million funding allocation increase to Colonial Drive Park under Special Item Number 2; - $600,000 funding allocation increase for Sharman Park under Special Item Number 2; - $2.507 funding allocation increase to Chuck Pezoldt Park under Special Item Number 2; - $1.6 million funding reduction to Royal Colonial Park under Special Item Number 2; - $1 million funding allocation increase to Naranja Park under Special Item Number 2; - $600,000 funding allocation increase to Deerwood Park under Special Item Number 2; - $218,000 funding allocation increase for Domino Park under Special Item Number 2; - $3.6 million funding allocation for the redevelopment of the Richmond Heights Shopping Center under Special Item Number 3; - $500,000 funding allocation increase for West Perrine Senior Citizens Center under Special Item Number 6; - $9 million funding reduction to the Country Walk Library Project under Special Item Number 8; - $4.5 million funding allocation to acquire or construct multi-purpose facilities under Special Item Number 6; - $15 million funding allocation increase for the Vizcaya and Gardens Museum under Special Item Number 8; - $2.3 million funding allocation to construct stormwater drainage improvements in the City of Sweetwater under Special Item Number 1; - $7.5 million funding allocation for a Jackson Health Center in Hialeah under Special Item Number 5; - $38.750 million funding reduction for the Landfill Closure Projects; and - $30.5 million funding reduction from the pool of funds dedicated to cultural projects. Commissioner Seijas asked that the additional $6 million funding recommendation for the Mental Health Facility proposed by the County Manager under Special Item Number 4 be transferred to Special Item Number 5. County Manager Burgess noted the proposed $16.1 million funding allocation listed in Appendix A of Special Item Number 4 for the Mental Health Facility should also be transferred to Special Item Number 5, therefore, the motion should be made for a total of $22.1 million. It was moved by Commissioner Seijas that the total proposed funding allocation in the amount of $22.1 million for the Mental Health Facility be moved from Special Item Number 4 to Special Item Number 5. This motion was seconded by Chairperson Carey-Shuler; and upon being put to a vote, passed by a unanimous vote of 10-0. (Commissioners Martinez, Sosa, and Souto were absent) County Manager Burgess reiterated the proposed funding recommendations read into the record were achieved through the reduction of the aforementioned projects, internal adjustments agreed to within certain commission districts, and the fact that the homestead exemption was $25,000 as opposed to $50,000. Commissioner Sorenson commented that the water and sewer improvements project in the Perrine/Cutler Ridge area should have a line item. In response to Chairperson Carey-Shuler’s and Commissioner Seijas’ inquiry, County Manager Burgess replied that the firefighters Training Facility and the Highland Oaks Fire Station Projects were under development and programmed to be operational by July 2005. In connection with Commissioner Heyman’s proposal to reduce Commission District 4’s funding allocation by $1.5 or $2 million to have the funds reallocated to Commission District 1 to finance the operating costs of the proposed fire station, County Manager Burgess advised that the fire station was under construction. He stated that the issue of how to expedite the opening of the fire station would be revisited inasmuch as the proceeds of the proposed Bond Program could only be utilized for capital projects. Commissioner Ferguson requested that a funding allocation in the amount of $20 million be allocated to Ives Estates District Park for area-wide park improvements. In response to Commissioner Ferguson’s funding request, County Manager Burgess noted that the Ives Estates District Park Project was allocated $10 million, and there was $4.5 million of SMP funds. County Manager Burgess recommended that the Ives Estates District Park Project’s funding allocation be increased $10 million for a total funding allocation of $20 million under Special Item Number 2. Commissioner Seijas noted that the area of NW 54th Street and 9th Street was an undesirable location to open a healthcare facility and asked that the location be determined at a later time. In response to Commissioner Morales’ request to have the bond issuance expense revisited to increase the funding allocation for the New Haitian Community Center, County Manager Burgess advised that it had been determined $10 million was adequate funding for the project after the completion of a review on the scope of the project. Commissioner Morales stated, for the record, that he had asked for additional funding for the New Haitian Community Center to address the needs of the community. Discussion ensued in connection with the bond issuance costs of the proposed Bond Program. Upon the conclusion of the Board’s deliberations and prior to taking a vote, County Attorney Ginsburg made the following announcements: - none of the titles of the foregoing proposed resolutions would change due to the amendments; - that the amendments referred to at the commencement of the meeting and relating to the last sentence in Section 10 and the second to the last sentence in the entire resolution would apply to each of the resolutions before the Board at today’s meeting; and - that the Board provide the County Manager and the County Attorney with a general authorization to adjust the dollar amounts in the proposed ballot questions, if necessary, in the event the revised Appendix A for each proposed resolution did not reflect properly the amount in the ballot question being approved tonight. It was moved by Commissioner Diaz that the last sentence in Section 10 of all of the foregoing proposed resolutions be amended to read: “All additions, deletions, and significant modifications to individual projects or to Appendix A shall require a majority vote of the Board after public hearing.” This motion was seconded by Commissioner Moss; and upon being put to a vote, passed by a unanimous vote of 10-0. (Commissioners Martinez, Sosa, and Souto were absent) It was moved by Commissioner Diaz that the County Manager and County Attorney be provided with a general authorization to adjust the total dollar amount of the proposed ballot questions in the event the sum of the revised Appendix A for each proposed resolution differed from the total dollar amount reflected in the ballot question. This motion was seconded by Commissioner Moss; and upon being put to a vote, passed by a unanimous vote of 10-0. (Commissioners Martinez, Sosa, and Souto were absent) Commissioner Sorenson commented that due to the possibility that the Mayor may veto the items voted on at today’s meeting the Board may need nine votes to adopt the items. Commissioner Sorenson spoke in favor of establishing a citizen’s advisory group to oversee the proposed Bond Program. Chairperson Carey-Shuler asked that the County Manager coordinate and prepare promotional publications to initiate a public educational campaign to secure the public’s support of all of the foregoing ballot questions. County Attorney Ginsburg noted that all of the foregoing proposed resolutions would reflect the amendments previously approved, the assigned resolution number, and an adopted date of July 20, 2004. Pursuant to County Attorney Ginsburg’s request that a motion be made on all of the proposed amendments to the appendixes read into the record by the County Manager to appropriately reflect them in each resolution, the Board by motion duly made, seconded, and carried voted to approve all of the amendments made to each Appendix. County Attorney Ginsburg advised that the language of Special Item Number 1 would be amended to delete the phrase “and the preservation of endangered lands” because of the transfer of the Environmentally Endangered Lands and the Purchase Development Rights Programs from Special Item Number 1 to 2. County Manager George Burgess advised Appendix A of the foregoing proposed resolution would be amended to reflect a total of $385.798 million. It was moved by Commissioner Diaz that Special Item Number 1 be adopted as amended. This motion was seconded by Commissioner Moss; and upon being put to a vote, passed by a roll call vote of 9-1. (Commissioner Seijas voted “NO”) (Commissioners Martinez, Sosa, and Souto were absent)

Legislative Text


TITLE
RESOLUTION PROVIDING FOR HOLDING OF GENERAL OBLIGATION BOND SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, ON NOVEMBER 2, 2004 WITH RESPECT TO AUTHORIZATION OF NOT EXCEEDING $378,183,000 GENERAL OBLIGATION BONDS OF SAID COUNTY TO CONSTRUCT AND IMPROVE WATER, SEWER AND FLOOD CONTROL SYSTEMS

BODY
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") finds it necessary and appropriate and in the best interest of the County to hold a special election to authorize the issuance of General Obligation Bonds (the "Bonds") of Miami-Dade County in an amount not to exceed $378,183,000, as needed, in series from time to time, which Bonds will be secured by the full faith and credit of the County; and
WHEREAS, proceeds from such Bonds will be used for various, unfunded capital projects that have been identified and delineated in Appendix A, attached to this Resolution; and
WHEREAS, issuing such Bonds will stimulate the County economy and provide employment; and
WHEREAS, upon approval by the electors of the County to issue the Bonds, the Board will enact Bond ordinances authorizing the issuance of the Bonds so approved; and
WHEREAS, the Board intends, to the extent possible, that the debt service millage required to pay the debt service on the Bonds shall not exceed the current debt service millage in any year while the Bonds are outstanding and the total principal amount of the Bonds has been fixed with that intention in mind,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The preamble to this Resolution and the County Manager's memorandum accompanying this Resolution are approved and incorporated by reference in this Resolution.
Section 2. A General Obligation Bond Special Election shall be held on Tuesday, November 2, 2004, for the purpose of submitting to the qualified electors of the County the questions stated in the Notice of General Obligation Bond Special Election set forth below in Section 3 of this Resolution.
Section 3. Notice of said General Obligation Bond Special Election shall be published in The Miami Herald, a newspaper of general circulation in Miami-Dade County, Florida, at least twice, once in the fifth week and once in the third week prior to the week in which the election is to be held, the date of first publication in said newspaper to be at least thirty days before said election, which notice shall be substantially in the following form:

NOTICE OF GENERAL OBLIGATION BOND SPECIAL ELECTION
BUILDING BETTER COMMUNITIES
To be Held On
TUESDAY, NOVEMBER 2, 2004
MIAMI-DADE COUNTY, FLORIDA

A General Obligation Bond Special Election will be held on Tuesday, November 2, 2004, for the purpose of submitting to the qualified electors of Miami-Dade County, Florida, the following question:

BUILDING BETTER COMMUNITIES
CONSTRUCT AND IMPROVE WATER, SEWER AND FLOOD CONTROL SYSTEMS

To protect natural resources through improved distribution of clean water, safe sewage and waste disposal, improved flood control and drainage, described in Resolution No. 912-04, adopted July 20, 2004, shall Miami-Dade County issue General Obligation Bonds to pay cost of such projects in a principal amount not exceeding $378,183,000, bearing interest not exceeding maximum legal rate, payable from ad valorem taxes?


________FOR BONDS

________AGAINST BONDS


The polls at said election will be open from 7:00 o'clock A.M. until 7:00 P.M. of the same day. All qualified electors of the County shall be entitled to vote at said special election.

Said General Obligation Bond Special Election will be held at the established polling places in the several precincts, respectively, in the County as established for County-wide general elections.

Miami-Dade County shall be authorized to issue the bonds covered by the question hereinabove set forth if such issuance as to such question shall have been approved by vote of a majority of the qualified electors of Miami-Dade County voting thereon.

By order of the Board of County Commissioners of Miami-Dade County, Florida.

_______________________________________
Clerk of the Board of County Commissioners of
Miami-Dade County, Florida

Section 4. Touch Screen Voting Machines shall be used at such special election, and the ballot question shall appear in substantially the form set forth in the Notice of General Obligation Bond Special Election in Section 3 of this Resolution.
Section 5. The question shall appear on the touch screens ballot as a separate question. Those qualified electors desiring to approve the issuance of bonds shall be instructed to vote "FOR BONDS". Those qualified electors desiring to disapprove the issuance of bonds shall be instructed to vote "AGAINST BONDS".
Section 6. Absentee paper ballots may be used by qualified electors of the County for voting on the question at said election. The form of such absentee ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question hereinabove set forth, with proper place for voting either "FOR BONDS" or "AGAINST BONDS" following the statement of the question aforesaid.
Section 7. A sample ballot showing the manner in which the question aforesaid shall appear on the touch screen ballot at this special election shall be published and provided in accordance with the applicable provisions of the general election laws.
Section 8. This special election on the question aforesaid shall be held and conducted in accordance with the applicable provisions of the general laws relating to special elections and the provisions of the Miami-Dade County Home Rule Charter. The County Manager, the Finance Director, the Supervisor of Elections and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution. This special election shall be a nonpartisan election. Inspectors and clerks to serve as election officials in connection with this special election shall be appointed in accordance with the provisions of the general election laws.
Section 9. This special election shall be canvassed by the County Canvassing Board as provided under the election laws of this State, in accordance with the provisions of Section 2.07 of the Home Rule Charter.
Section 10. All proceeds of the sale of the Bonds shall be delivered to the Finance Director of the County who shall deposit those proceeds in appropriate construction fund trust accounts, not to be commingled with other funds of the County, to be disbursed solely for the purposes set forth in this Resolution. The County, itself or through independent auditors, shall have the right at all times to audit the books and records of all beneficiaries who receive proceeds from the sale of the Bonds.
Some projects listed in Appendix A of this Resolution may be the subject of contractual agreements between the County and the external agencies receiving the Bond proceeds to pay the cost of such projects. Such agreements shall provide the terms and conditions for the County to release Bond proceeds to the agency and such other requirements as the County shall deem appropriate. In the event that an agency fails, without adequate reason, to commence acquisition, planning, design or construction of a project within six (6) months of the receipt of County approval to proceed with such project, the County shall have the option of reallocating the Bond proceeds earmarked for such project to any other projects listed in Appendix A falling within the same ballot category.
All additions, deletions and significant modifications to individual projects or to Appendix A shall require a majority vote of the Board after public hearing.
Section 11. Bond proceeds in an amount not to exceed 3% of the principal amount of the Bonds shall be used to pay administrative expenses associated with managing the Bond program. The Finance Director will deposit these funds in a separate Bond Administrative Expense Fund.
Section 12. The Bonds are part of an overall Bond Program pursuant to which the County is proposing to issue up to $2,925,750,000 in General Obligation Bonds ("Bond Program") upon voter approval. The intent of the County is to include a combined municipal and UMSA component ("Municipal Component") in the Bond Program totaling 10% of the Bond proceeds, net of issuance costs. The formula used for distribution of proceeds is based on a weighted formula 75% on population and 25% on contribution to the tax roll (based on June 1, 2004 figures) as compared to the total population and property tax roll figures for the entire County. The data for this distribution was based upon most recent Census figures as provided by the Miami-Dade County Planning Department and tax roll figures as provided by the Miami-Dade County Property Appraiser. Should a municipality incorporate after passage of this Bond program, it may petition the Board for a portion of any unallocated Bond proceeds that had been apportioned to local projects in the UMSA area then contained in such municipality. Not all of the individual components of the Bond Program will include a Municipal Component but in the aggregate, the overall Bond Program will include a Municipal Component that equals 10% of the Bond Program.
It is the intent of the County that the balance of the bond proceeds for the Bond Program net of cost of issuance (90%) shall be used for projects of countywide and/or regional significance.

HEADER
TO:
Honorable Chairperson Barbara Carey Shuler, Ed. D.
and Members, Board of County Commissioners

DATE:
July 20, 2004
FROM:
George M. Burgess
County Manager





R#912-04

SUBJECT:
Resolution Approving a Special Election for the Building Better Communities Bond Program - To Construct and Improve Water, Sewer and Flood Control Systems


STAFF RECOMMENDATION

It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the placement of the Building Better Communities General Obligation Bond Program (Program) ballot question authorizing funding for projects to construct and improve water, sewer and flood control systems on the November 2, 2004 ballot. If approved by the Board and the voters, the referendum will allow the County to expand water distribution systems, construct and improve drainage systems and sewage disposal facilities and provide for environmental and quality of life preservation projects, (see Appendix A). It also allows for landfill closures, purchase of development rights to maintain the rural character of agricultural lands and purchase of environmentally endangered lands. This resolution will allow the County to issue General Obligation Bonds in an amount not to exceed $378.183 million over a multi-year period to fund improvements to the County's infrastructure and address a number of quality of life issues in our community. Legislation creating interlocal agreements with the municipalities and establishing a Program Advisory Committee will be forwarded to the Board upon approval of the Program by the electorate. Individual debt issuances will also be subsequently forwarded for Board approval.

MANAGER'S BACKGROUND

The recommended Program will provide the County with the capability of responding to the community's longstanding unfunded capital infrastructure needs in a comprehensive manner. The attached recommended list of projects provides a multi-faceted approach which addresses the need for facilities and infrastructure as well as economic development concerns. Since our Community Small Business Enterprise and Community Workforce regulations will apply to the Building Better Communities projects, it is anticipated that the Program will contribute to our economy by generating a large number of jobs as well as many new and meaningful business development and training opportunities in our local community.


A comprehensive report detailing our efforts to assemble a balanced Building Better Communities Program is presented under separate cover. The attached resolution and corresponding project recommendations further refine the proposed Program by incorporating the Board's input from the June 24, 2004 General Obligation Bond Workshop as well as subsequent individual follow-up meetings with Board members.

We have a unique opportunity to move forward with this Program at this time. Existing debt from the Decade of Progress Bond Program, the Criminal Justice Bond Program and the Safe Neighborhood Parks Bond Program is being retired allowing capacity for future bond issuances while maintaining a flat millage rate for debt service. Finally, placement of the ballot question on an already scheduled General Election allows us to avoid incurring the considerable costs that would be associated with a separate election.

Therefore, it is respectfully requested that the Board approve the attached resolution and allow the electorate to vote on critical capital improvement issues impacting the future of Miami-Dade County.



____________________
Assistant County Manager



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