Legislative Matter

Miami-Dade Legislative Item
File Number: 190025

Printable PDF Format

File Number: 190025

File Type: Ordinance

Status: Deferred by the Board

Version: 0

Reference:

Control: Board of County Commissioners

File Name: PUBLIC HEARING REQUIREMENTS FOR TRANSIT SERVICE CHANGES

Introduced: 1/7/2019

Requester: NONE

Cost:

Final Action:

Agenda Date: 6/4/2019

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE RELATING TO PUBLIC TRANSIT; AMENDING SECTION 2-150 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING CIRCUMSTANCES UNDER WHICH TRANSIT ROUTE MODIFICATIONS REQUIRE PUBLIC HEARING AND BOARD APPROVAL; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

TRANSIT SERVICES

Sponsors:	Daniella Levine Cava, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dennis C. Moss, 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	6/4/2019	7A	Deferred				P

Transportation and Finance Committee	5/15/2019	2B	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing proposed ordinance. Commissioner Levine Cava stated the Better Bus Project focused on robust community conversations, extensive public input and a process that would involve the community extensively in a very important redesign. She noted, currently the administration could cut transit bus routes by 25% a year without the Board of the County Commissioners (Board) consideration or approval and without public input. Commissioner Levine Cava suggested that the people representing the public should have a greater say in transit services being proposed by the Department. Commissioner Moss requested to be added as a Co-sponsor. Commissioner Moss suggested to the Union representatives present that they be more involved and proactive by informing the Board of transit issues as well as the administration making the Board aware of issues, too. Commissioner Jordan inquired about the process for managed competition and if the County used it; if not, she indicated she would bring forth legislation that whenever the County and the administration attempt to privatize any services due to cost as the reason for it managed competition should be exercised. She noted the Scott Carver Housing project, as an example of managed competition. Commissioner Jordan stated the managed competition encouraged the County and the administration to review how to save costs. She suggested a test process that would allow the County department to compete with the private sector, and make sure the County would not give away concessions. Ms. Alice Bravo, Director of Department of Transportation and Public Works (DTPW) mentioned before the Department contracted any work; the Union was given 20 days to response with a counter proposal. Jeffrey Mitchell, President, Transport Workers Union Local 291 indicated DTPW controlled hundred percent the contract and the Union could only make recommendations. Commissioner Jordan requested the process be reviewed on proposals for changes in bus routes. Discussion ensued between Director Bravo and Committee members regarding how these contracted transit routes would affect the Better Bus Project redesign plan. Vice Chairman Moss expressed concern and mentioned certain African American neighborhoods in the South Dade area were negatively impacted by taking bus transit services from those communities. Chairman Bovo expressed his concern on the bus routes and the buses’ condition, as well as the limited space for riders on the buses. He noted he hoped in the future when a discussion occurred regarding bus routes there would be collaboration with the Union to gain a better understanding of the transportation options for the community. He also indicated where the buses were competing with trolleys or freebies; there was no competition since because other services were available such as Uber and Lyft in lieu of buses. Hearing no other questions or comments, the members of the Transportation and Finance Committee proceeded to vote on the foregoing proposed ordinance as presented.

Transportation and Finance Committee	4/16/2019	1G1	Deferred to the next committee meeting following a Public Hearing		5/15/2019		P
REPORT:	Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing proposed ordinance. Chairman Bovo opened the public hearing for public hearing items 1G1 through 1G5 and the following people appeared to speak: - Ms. Kameo O’Paris, 25320 SW 137 Avenue, Apt. 204, Princeton, expressed concerns with the service provided by LSF on Route 35. - Ms. Linda Jones, 14508 SW 280 Street, Apt. 104, Miami, concurred with the comments made by Ms. Parish and expressed concern with old buses and inadequate bus drivers. - Madam Renita HolmesExecutive Director WAAIVE of Women, address exempted, spoke about the impact of lack of transportation planning for the disabled and also on the transit issues surrounding the Ultra Music Festival. - Ms. Dee Hudson, 570 NW 294 Ave, Miami, concurred with concerns expressed with inadequate bus service, particularly for disabled people. - Mr. Javier A. Betancourt, Executive Director, Citizens’ Independent Transportation Trust (CITT), spoke in support of Item 1G2. Seeing no other members of the public wishing to speak, Chairman Bovo closed the public hearing. Commissioner Levine Cava explained this resolution required that any major service changes to the transit system come to the Board for review; required a public hearing be held prior to increase in service of 25% or more of the number of miles of the route or a decrease in services of 10% or more of the miles of the route; required a public hearing if the cumulative reductions on a route added up to a 10% or more change in the miles of the route or a decrease in peak headways of more than 10 minutes; and the goal of this resolution was to give residents more say in the route adjustment process. Commissioner Jordan suggested this item be amended to include an exception for temporary road closures. Commissioner Levine Cava accepted Commissioner Jordan’s amendment. Commissioner Higgins opined the Better Bus Project should be given the opportunity to proceed prior to constraining moderate changes to bus routes and said she could not support the item at this time. Chairman Bovo concurred with Commissioner Higgins and expressed a preference to wait until the report came out to incorporate the digital platform. Based on concerns expressed, Commissioner Levine Cava agreed to defer this item for one month. Hearing no other questions or comments, the Committee voted to defer the foregoing proposed resolution.

Transportation and Finance Committee	2/13/2019	1G1	Deferred		4/16/2019		P
REPORT:	The foregoing proposed ordinance was deferred to the April 16, 2019 Transportation and Finance Committee meeting during consideration of changes to today's (02/13) agenda.

Board of County Commissioners	1/23/2019	4A	Adopted on first reading		2/13/2019		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Transportation and Finance Committee on Wednesday, February 13, 2019 at 2:00 p.m.

Board of County Commissioners	1/22/2019		Tentatively scheduled for a public hearing	Transportation and Finance Committee	2/13/2019

County Attorney	1/7/2019		Assigned	Annery Pulgar Alfonso		1/10/2019

County Attorney	1/7/2019		Referred	Transportation and Finance Committee	2/13/2019

Legislative Text

TITLE
ORDINANCE RELATING TO PUBLIC TRANSIT; AMENDING SECTION 2-150 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING CIRCUMSTANCES UNDER WHICH TRANSIT ROUTE MODIFICATIONS REQUIRE PUBLIC HEARING AND BOARD APPROVAL; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, section 2-150 of the Code of Miami-Dade County, Florida (the �Code�), sets forth how the County makes changes or modifications to Miami-Dade transit service, fares, and rate structure; and
WHEREAS, major service changes, as provided for in section 2-150(b) of the Code, require a public hearing and Board approval; and
WHEREAS, it is in the best interest of the County to ensure that certain route modifications are instituted after the public is provided ample opportunity to express any possible concerns to this Board,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-150 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1

Sec. 2-150. - Fixing and changing fares, service, rates or charges.

(a) Except as provided in Section 2-150(c), the County Commission shall have the authority to make service changes and fix all fares, rates or charges for the use of the transit system, provided however, that those fares, rates or charges in force on the effective date of this article shall continue in full force and effect until changed or modified by the County Commission.

(b) Approved by County Commission after public hearing. The County >>Mayor<< [[Manager]] may recommend the following changes or modifications to service, fares, rates or charges, which changes may be adopted by resolution of the Board of County Commissioners after a public hearing:

1. Any fare, rate or charge for transit service or for service ancillary to transit;

2. Any [[change]] >>increase<< in service of twenty-five (25) percent or more of the number of route miles of a route >>or decrease in service of 10 percent or more of the number of route miles of a route<<;

3. If, in a fiscal year, the cumulative [[changes]] >>increases<< on a route add up to twenty-five (25) percent or more change in the number of route miles of a route >>or if in a fiscal year, the cumulative reductions on a route add up to 10 percent or more change in the route miles of a route<<;

4. [[A change]] >>An increase<< in the interval between peak period transit services on a route of more than [[ten (10)]] >>5<< minutes;

5. [[A change]] >>An increase<< in the interval between
off-peak period transit services on a route of more than
[[thirty (30)]] >>15<< minutes; [[or]]

>>6. A decrease in the interval between peak period transit
services on a route of more than 10 minutes;

7. A decrease in the interval between off-peak period transit
services on a route of more than 30 minutes; or<<

[[6.]] >>8.<< A new transit service is established or an existing service is abolished.

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.