Miami-Dade Legislative Item
File Number: 162425
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File Number: 162425 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1046-16 Control: Board of County Commissioners
File Name: DESIGN SIGN AND INSTALLATION OF SIGNAGE Introduced: 10/25/2016
Requester: NONE Cost: Final Action: 11/1/2016
Agenda Date: 11/1/2016 Agenda Item Number: 11A9
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO DESIGN SIGNAGE WARNINGS CONCERNING POSSIBLE PRESENCE OF DANGEROUS WILDLIFE AT OR NEAR COUNTY PARKS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PREPARE AND SUBMIT A WRITTEN REPORT TO THE BOARD WITHIN 90 DAYS CONCERNING THE DESIGN AND INSTALLATION OF SIGNAGE; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO INSTALL SIGNAGE WITHIN LEGALLY AVAILABLE FUNDING IN THE FY 2015-16 AND 2016-17 BUDGETS [SEE ORIGINAL ITEM UNDER FILE NO. 161876]
Indexes: SIGNS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
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

Board of County Commissioners 11/1/2016 11A9 Adopted P

County Attorney 10/25/2016 Assigned Miguel A. Gonzalez 10/25/2016

Unincorporated Municipal Service Area (UMSA) Cmte 10/11/2016 2C AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Miguel Gonzalez read into the record the title of the foregoing proposed resolution. Chairman Souto requested the foregoing proposed resolution be amended for the signs to include an illustration or name identifying the type of wildlife that could be present at or near the park location. Commissioner Bovo fully concurred with Chairman Souto’s suggestion and agreed that a picture or icon representing the type of wildlife found in and around the surroundings should be added to the sign. Chairman Souto pointed out that the illustrations would help communicate the danger more effectively particularly since many of the County’s residents were multi-lingual and may not speak or understand English. Deputy Director for Miami-Dade Parks, Recreation and Open Spaces (PROS), Mr. George Navarette, clarified that the foregoing proposed resolution did speak specifically to the American alligator and the department was currently working on the design of a sign which would include the picture of an alligator and its identifying name written in 3 languages. Chairman Souto commented about the abundance of different wildlife species found in Miami-Dade County. Commissioner Bovo pointed out that the type of wildlife found at parks differed from one location to the next and stated that he believed PROS staff were best able to determine the type of wildlife warnings that should be placed at each location. He noted that the signs posted at canals throughout the County warned against swimming but did not warn the public about the possibility of dangerous wildlife in the waters and questioned who would be responsible in the event someone was injured due to an alligator attack. Assistant County Attorney Gonzalez explained the existing liability laws and the interpretation of the case law and reassured the Committee members that nobody would be liable in the event of any injury given the circumstances described by Commissioner Bovo unless someone had intentionally introduced and cared for the wildlife. Discussions ensued between Commissioner Bovo and Assistant County Attorney Miguel Gonzalez regarding the County’s responsibility to respond to calls from residents regarding the sighting of an alligator. Chairman Souto suggested dedicating time in the future to fully discuss wildlife issues and dangers. Assistant County Attorney Gonzalez addressed Chairman Souto’s request to amend the foregoing proposed resolution and explained that the language in Section 1 of the item would be amended to include specific animals and would read as follows: “…alligators, bears, foxes, snakes, panthers and any other dangerous wildlife.” Chairman Souto reiterated Commissioner Bovo’s suggestion to include illustrations or “emojis” in the design of the signs to help communicate the type of wildlife that may be present in the area. Assistant County Attorney Gonzalez noted Chairman Souto’s request to be added as a co-sponsor. Commissioner Levine Cava also requested that she be added as a co-sponsor. There being no further comments or objections, the Committee members proceeded to vote on the foregoing proposed resolution as amended. Commissioner Jordan recommended her colleagues pull items they wished to discuss and pass the remainder of the Agenda in the spirit of efficiency. Assistant County Attorney Gonzalez advised the Committee members that Agenda Items 3A, 3B and 3D needed to be considered separately to allow staff to read amendments into the record. Commissioner Bovo moved to consider Agenda Items 2D, 2H, 2I, 2J, 2K and 2M simultaneously. Discussions ensued between Commissioner Levine Cava and Assistant County Attorney Gonzalez regarding Agenda Item 2G. Commissioner Levine Cava noted that she had questions regarding Agenda Items 2J and 2K.

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DESIGN SIGNAGE WARNINGS CONCERNING POSSIBLE PRESENCE OF DANGEROUS WILDLIFE AT OR NEAR COUNTY PARKS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PREPARE AND SUBMIT A WRITTEN REPORT TO THE BOARD WITHIN 90 DAYS CONCERNING THE DESIGN AND INSTALLATION OF SIGNAGE; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO INSTALL SIGNAGE WITHIN LEGALLY AVAILABLE FUNDING IN THE FY 2015-16 AND 2016-17 BUDGETS [SEE ORIGINAL ITEM UNDER FILE NO. 161876]

BODY
WHEREAS, Miami-Dade County, through its Parks, Recreation and Open Spaces Department owns and operates nearly 300 public parks, many of which include bodies of water, such as lakes and canals, within their boundaries; and
WHEREAS, dangerous wildlife, including most notably the American alligator, is endemic to the County and may exist in bodies of water within County parks, even though the County has not introduced them into those bodies of water and has not otherwise harbored or demonstrated an intent to possess that wildlife within its parks; and
WHEREAS, County parks may attract visitors demonstrating varying levels of familiarity with the dangers inherent to coexisting with that dangerous wildlife; and
WHEREAS, given those varying levels of familiarity amongst possible visitors to County parks, to the extent feasible and contextually appropriate, and even in instances in which the County lacks specific awareness of the presence of dangerous wildlife in a particular body of
water within a park, this Board desires to install signage as determined by the County Mayor or County Mayor�s designee, advising the visiting public of the possibility that bodies of water within the park may contain dangerous wildlife,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The County Mayor or County Mayor�s designee is directed to design signage warning individuals visiting County parks of the possible presence of alligators within bodies of water located in or near those parks >>or of any other dangerous wildlife (e.g., bears, foxes, snakes, or panthers) located in parks<<1. The County Mayor or County Mayor�s designee is further directed to prepare a report identifying the specific County parks, in order of priority, for which signage is proposed. The report prepared by the County Mayor or County Mayor�s designee shall additionally identify the fiscal impact associated with the installation of the proposed signage. The County Mayor or County Mayor�s designee shall provide the report to this Board within 90 days of the effective date of this resolution and shall place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.
Section 2. To the extent sufficient legally available funds exist within the FY 2015-16 budget for the installation of the signs proposed pursuant to Section 1, or to the extent sufficient funds are available in the FY 2016-17 budget when adopted, then the County Mayor or County Mayor�s designee is directed to utilize that funding for the design and installation of such signage in the order of priority identified in the report prepared pursuant to Section 1.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.



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