FINAL OFFICIAL
Miami-Dade Board of County Commissioners Minutes
Tuesday, June 30, 2015
9:30:00 AM
Commission Chambers
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Members Present: Barbara J. Jordan; Jean Monestime; Audrey M. Edmonson; Sally A. Heyman; Bruno A. Barreiro; Rebeca Sosa; Xavier L. Suarez; Daniella Levine Cava; Dennis C. Moss; Sen. Javier D. Souto; Juan C. Zapata; Jose "Pepe" Diaz; Esteban L. Bovo, Jr.
Members Absent: None
Members Late: None
Members Excused: None
Members Absent County Business: None

         
1 MINUTES PREPARED BY  
  REPORT: Alan Eisenberg, Commission Reporter
305-375-2510
 
1A INVOCATION AS PROVIDED IN RULE 5.05(H)  
  REPORT: Officer Michael Roan, Sergeant at Arms, led the Board in the Invocation.  
1B ROLL CALL  
  REPORT: The following staff members were present: Mayor Carlos Gimenez; Deputy Mayor(s) Ruussell Benford, Alina Hudak, Edward Marquez, and Jack Osterholt; County Attorney Robert Cuevas; First Assistant County Attorney Abigail Price-Williams; Clerk of the Board Director Christopher Agrippa; and Deputy Clerk Alan Eisenberg.  
1C PLEDGE OF ALLEGIANCE  
  REPORT: Commissioner Levine Cava led the Board in the Pledge of Allegiance.  
1D SPECIAL PRESENTATIONS (SCHEDULED TO BEGIN AT 8:30 AM)  
1D1  
  151712 Special Presentation      
  SPECIAL PRESENTATION OF SYMPATHY RESOLUTION FOR DR. PHILIP HAROLD MANN Presented
1D2  
  151713 Special Presentation      
  SPECIAL PRESENTATION TO PATRICIA BERDEAL - TEACHER OF THE YEAR FOR IMMACULATE CONCEPTION CATHOLIC SCHOOL Presented
1D3  
  151714 Special Presentation      
  SPECIAL PRESENTATION OF A CERTIFICATE OF APPRECIATION TO DAYLIN GARCIA FOR PTA VOLUNTEER SERVICE Presented
1D4  
  151715 Special Presentation      
  PROCLAMATION TO THE GLENN CURTIS MANSION FOR ITS OUTSTANDING ACHIEVEMENT IN RESTORATION AND REHABILITATION AS RECOGNIZED BY THE FLORIDA TRUST FOR HISTORIC PRESERVATION Presented
1D5  
  151716 Special Presentation      
  SPECIAL PRESENTATION TO JUNE MAYOR'S SHINING SCHOLARS: MARIA MERCADO, WALEED MNEIMNEH AND DAVID MILLER Presented
1D6  
  151717 Special Presentation      
  SPECIAL PRESENTATION OF A PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION MONTH Presented
1E CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)  
1E1  
  151500 Citizen's Presentation     Jean Monestime        
  EQUITABLE DEVELOPMENT AROUND MIAMI WORLD CENTER - SENATOR DWIGHT BULLARD Presented
  REPORT: Senator Dwight Bullard spoke on behalf of the Overtown community, noting the continuous negative legacy as an aftermath of I-95 running through that community. He indicated the Miami World Center would be a rare moment in Miami-Dade County for a Community Development District (CDD) without a well-established interlocal agreement. Senator Bullard stressed the need for an interlocal agreement to ensure the Miami World Center project provided livable wages to Overtown residents and the ability to move from poverty to prosperity. He said that progress should not happen at the expense of the community and that project developers should be held accountable through an interlocal agreement to include training opportunities, guaranteed wages, and upward mobility. Senator Bullard concluded that the CDD should change the Overtown�s dynamics, a historically forgotten community.

Bishop James Adams, 1328 NW 3 Avenue, Miami (resident), 1111 Brickell Bay Drive, #2801, Miami (work), noted the Coalition of Clergy believed that an interlocal agreement was vital to the Miami World Center project�s success. He cautioned that it would be a detrimental for the process to advance quickly, noting the project was a great opportunity, and the Overtown community wanted to be part of its success.

Mr. Andy Maddis, 4243 NW 36 Street, Miami, President, South Florida American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), spoke in support of the project, noting the jobs and training opportunities it would provide.

Commissioner Edmonson pointed out that landowners were taxing themselves to create infrastructure and no government funds were being used for the Miami World Center project. She said she supported the County in creating the CDD with the many concessions already negotiated between the City of Miami and the developer, with more to follow. Commissioner Edmonson commented that Overtown was not always a poor community, noting it was a mixed income neighborhood and many professionals previously lived there. She indicated that property owners taxed themselves when creating a CDD.

Commissioner Moss encouraged everyone to continue working together. He suggested the Tax Increment Funding (TIF) be reduced by the Community Redevelopment Area (CRA) and direct assistance be provided to Overtown residents.

Commissioner Edmonson explained that two reserve accounts existed to fund the development and redevelopment of the Overtown community. She noted there was currently $75,000 deposited from the Alonso Mourning Development; $2.5 million would be deposited next month from All Aboard Florida; $2.5 million upon the Gateway closing; and another $500,000 upon the Gate House closing. Commissioner Edmonson indicated that development would occur north of 14th Street; that it was designed to avoid slum and blight; and that it would take place with citizen oversight.
 
1F REPORTS OF OFFICIAL BOARDS  
1G REASONABLE OPPORTUNITY FOR THE PUBLIC TO BE HEARD AS PROVIDED IN RULE 6.06  
  REPORT: County Attorney Robert Cuevas explained that members of the public would have a reasonable opportunity to be heard regarding any non-public hearing item which was not the subject of a previous public hearing before the Commission or a Committee of the Commission pursuant to Rule 6.06, noting there was no right to be heard on ordinances for second reading listed under Section 7 of today�s (6/30) agenda which was a subject of a prior public hearing.

Chairman Monestime opened the floor to public comment and persons appeared to address the Board on the following Agenda Items: 4D, 5T, 5Y, 7A, 7B, 7C, 8C1, 8D1, 8J1, 8K3, 11A1, 11A4, 11A27 and 15B3. Refer to specific Agenda Items for public comments.

Former City of Opa�locka Mayor John Riley, 2963 NW 135 Street, Opa locka, noted racism was growing in Miami-Dade County and getting worse among County employees. He requested that the Commission on Human Rights received a line item budget and that it included County employee representatives.

There being no other persons wishing to appear before the Board, Chairman Monestime closed the public comment portion of the meeting.
 
1H MOTION TO SET THE AGENDA AND "PULL LIST"  
  REPORT: Commissioner Sosa requested that public notice be provided whether the Special Taxing District (Agenda Items 5G, 5H, 5I and 5J) would be considered on today�s (6/30) agenda.

Chairman Monestime clarified that several agenda items could not be considered today (6/30) and needed to be deferred, due to an advertising error. He indicated that the public would have the opportunity to speak on those items when they were placed on a subsequent meeting agenda.

County Attorney Robert Cuevas clarified that Item 5H was advertised correctly and that Items 5G, 5I and 5J needed to be deferred; that action could be taken today (6/30) on Item 5H following the public hearing; that the public hearing could be also be held today (6/30) on Items 5G, 5I and 5J but could not be concluded; and that no action could be taken on those Items until properly advertised and continued to the September 1, 2015 Board of County Commissioners meeting.

It was subsequently decided that all four Special Taxing District items (5G, 5H, 5I and 5J) be continued.

Deputy Mayor Alina Hudak announced that staff was available in the Stephen P. Clark Government Center lobby to address residents� questions and concerns about the assessments. Vice Chairman Bovo noted that anyone speaking to staff members about their concerns would also be able to address their concerns to the Board.

Vice Chairman Bovo announced that the Board would break for the firefighter�s ceremony at 12:30 p.m. in the Stephen P. Clark Government Center lobby and would continue the meeting and public comments upon its conclusion.

At 12:31 p.m. the meeting was recessed, and reconvened at 1:24 p.m.

Chairman Monestime inquired about the process of setting the agenda at 4:38 p.m., to which County Attorney Cuevas advised that the Board disposed of items without a separate vote when setting the agenda. He noted concern that the public might not be given an opportunity to speak on items, pursuant to Senate Bill 50, in the event the agenda was set before completion of the reasonable opportunity for the public to be heard.

At 6:00 p.m., it was moved by Commissioner Edmonson to continue the meeting past 6:30 p.m. until all business was completed rather than considering items at the Carryover meeting scheduled for July 2, 2015. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 13-0.

County Attorney Robert Cuevas noted in addition to Chairman Monestime�s Memorandum entitled �Changes Sheet,� that Commissioner Diaz asked to suspend the six-week/four-week rule for Item 4C and to allow the public hearing and second reading to be heard by the full Board on July 14, 2014; that Commissioner Bovo asked to be listed as a co-sponsor to Item 5D; that Commissioners Bovo and Diaz asked to be added to the pull list for Item 8F4; that Commissioners Sosa and Zapata released Item 8F5; that Commissioner Diaz asked to be added to the pull list for Items 8K1, 8K2 and 11A12; that the amendment to the Peoples Transportation Trust for Item 10A1 regarding the Downtown Tri-Rail Station needed to be considered; that Item 11A27 Substitute was distributed at the dais; that Ordinance for First Reading Items Nos. 14A2, 14A3, 14A4 and 14A5 were added to the Agenda; and that Commissioner Heyman asked to be listed as a co-sponsor to Items 14A2 and 14A3.

County Attorney Cuevas stated the items to be considered at today�s (6/30) meeting, would be those items listed in the printed final agenda, with the additions, deferrals, withdrawals, and scrivener�s errors noted in the Chairman�s Memorandum entitled �Changes Sheet� for the June 30, 2015 Board of County Commissioners Meeting, and the aforementioned items. The Commission would approve all of those items by single vote, setting the agenda, except ordinances for first reading, including Items 14A2, 14A3, 14A4 and 14A5, public hearing items, ordinances for second reading, advisory board ballots (15D1, 15D1Supplement and 15D1 Substitute Supplement), and the following Pull List Items: 8F2, 8F4, 8F5, 8F9, 8G1, 8K1, 8K2, 8L1, 10A1, 11A2 and Supplement, 11A4, 11A5, 11A12, 11A20, 11A22, 14A1, 14A2, 14A3, 14A4, 14A5, and 14A6.

It was moved at 6:38 p.m. by Commissioner Heyman that the Chairman Monestime�s Memorandum entitled �Changes Sheet� for the June 30, Board of County Commissioners Meeting, be approved with the additional changes noted by County Attorney Cuevas and County Commissioners. This motion was seconded by Commissioner Sosa and upon being put to a vote, passed by a vote of 12-0 (Commissioner Diaz was absent).
 
1I OFFICE OF COMMISSION AUDITOR  
1J OFFICE OF INTERGOVERNMENTAL AFFAIRS  
1K OFFICE OF COMMUNITY ADVOCACY  
1K1  
  151550 Special Presentation      
  MIAMI-DADE COUNTY COMMISSION FOR WOMEN SCHOLARSHIP PRESENTATION BY CHAIRWOMAN MARA ZAPATA TO RECIPIENTS, SHAQUELL BALLOU AND MICHELLE RODRIGUEZ, GRADUATING SENIORS FROM THE YOUNG WOMEN'S PREPARATORY ACADEMY(Office of Community Advocacy) Presented
2 MAYORAL ISSUES  
2A MAYORAL VETOES  
2B MAYORAL REPORTS  
2B1  
  151383 Report      
  CRAIGSLIST SAFE HAVEN - DIRECTIVE 150527(Mayor) Presented
  REPORT: In connection with the foregoing item, Commissioner Heyman noted documents for respective city police departments were available upon request.  
2B2  
  151385 Report      
  MIAMI-DADE FIRE RESCUE VEHICLES - DIRECTIVE 150739(Mayor) Presented
2B3  
  151388 Report      
  RESPONSE TO RESOLUTION NO. R-231-15 DIRECTING TO INITIATE DISCUSSIONS WITH INSURANCE COMPANY REPRESENTATIVES ABOUT OFFERING INCENTIVE TO RESIDENTIAL POOL OWNERS FOR INSTALLING POOL SAFETY EQUIPMENT(Mayor) Presented
2B4  
  151203 Report      
  AVIATION DEPARTMENT OVERTIME, FRINGES, AND CONTRACTUAL SERVICES EXPENDITURES(Mayor) Presented
  6/2/2015 Deferred by the Board of County Commissioners  
  6/11/2015 Report Received by the Trade and Tourism Committee  
2B5  
  151226 Report      
  MONTHLY STATUS REPORT ON MIAMI-DADE WATER AND SEWER DEPARTMENT�S INFRASTRUCTURE PROJECTS - MAY 2015(Mayor) Presented
  6/10/2015 Report Received by the Metropolitan Services Committee  
2C OTHER ISSUES  
3 CONSENT ITEMS  
3A COMMISSIONER CONSENT ITEMS  
3A1  
  151419 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Daniella Levine Cava        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE APRIL 11, 2015 ''VIKING FEST'' SPONSORED BY ARVIDA MIDDLE SCHOOL IN AN AMOUNT NOT TO EXCEED $790.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 8 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-528-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A2  
  151416 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE MARCH 14, 2015 ''SURF BAL BAY - RELAY FOR LIFE'' EVENT SPONSORED BY THE TOWN OF BAL HARBOUR POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $800.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 4 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-529-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A3  
  151417 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE APRIL 26, 2015 ''ISRAEL INDEPENDENCE DAY'' EVENT SPONSORED BY FLORIDA ISRAEL FRIENDSHIP LEAGUE, INC. IN AN AMOUNT NOT TO EXCEED $790.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 4 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-530-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A4  
  151418 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Jose "Pepe" Diaz
       
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE JANUARY 25, 2015 ''MIAMI MARATHON'' SPONSORED BY LIFE TIME FITNESS, LLC. IN AN AMOUNT NOT TO EXCEED $3,795.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 4 FY 2014-15 IN-KIND RESERVE FUND AND $3,795.00 FROM THE BALANCE OF THE DISTRICT 12 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-531-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A5  
  151398 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE JANUARY 17, 2015 ''DR. MARTIN LUTHER KING JR. FESTIVAL'' SPONSORED BY NEW VISIONS FOR SOUTH DADE, INC. IN AN AMOUNT NOT TO EXCEED $650.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 9 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-532-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A6  
  151399 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Xavier L. Suarez        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE APRIL 4, 2015 ''CABA 5K LAWYERS ON THE RUN'' EVENT SPONSORED BY THE CUBAN AMERICAN BAR ASSOCIATION PRO BONO PROJECT, INC. IN AN AMOUNT NOT TO EXCEED $1,000 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 7 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-533-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A7  
  151400 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Xavier L. Suarez        
  RESOLUTION RETROACTIVELY AUTHORIZING IN-KIND SERVICES FROM THE PARKS, RECREATION AND OPEN SPACES DEPARTMENT FOR THE APRIL 25, 2015 ''2015 SPRING EVENT'' SPONSORED BY ATLANTIS ACADEMY MIAMI IN AN AMOUNT NOT TO EXCEED $1,750.00 TO BE FUNDED FROM THE BALANCE OF THE DISTRICT 7 FY 2014-15 IN-KIND RESERVE FUND Adopted
Resolution R-534-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A8  
  151367 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Daniella Levine Cava        
  RESOLUTION APPROVING ALLOCATIONS OF FY 2014-15 DISTRICT 8 OFFICE BUDGET FUNDS AND ALLOCATIONS FROM THE FY 2014-15 DISTRICT 8 SHARE OF THE SONY OPEN TENNIS TOURNAMENT TICKET REVENUE Adopted
Resolution R-535-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A9  
  151452 Resolution     Jean Monestime        
  RESOLUTION APPROVING ALLOCATIONS OF FY 2014-15 OFFICE OF THE CHAIR BUDGET FUNDS AND ALLOCATIONS OF FY 2014-15 DISTRICT 2 OFFICE BUDGET FUNDS Withdrawn
Resolution
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Note: Please see Agenda Item 3A9 Substitute; Legislative File No. 151553.  
3A9 SUBSTITUE  
  151553 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION APPROVING ALLOCATION OF FY 2014-15 OFFICE OF THE CHAIR BUDGET FUNDS AND ALLOCATIONS OF FY 2014-15 DISTRICT 2 OFFICE BUDGET FUNDS [SEE ORIGINAL ITEM UNDER FILE NO. 151452] Adopted
Resolution R-536-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A10  
  151376 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Juan C. Zapata        
  RESOLUTION APPROVING ALLOCATION FROM THE FY 2014-15 DISTRICT 11 SHARE OF THE SONY OPEN TENNIS TOURNAMENT TICKET REVENUE Adopted
Resolution R-537-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3A11  
  151490 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION DECLARING ONE 1995 BLUEBIRD BUS SURPLUS; AUTHORIZING ITS DONATION TO GLORY TEMPLE MINISTRIES, INC; AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO EXECUTE A COMMUNITY BASED ORGANIZATION AGREEMENT, TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE FOREGOING Adopted
Resolution R-538-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3B DEPARTMENTAL CONSENT ITEMS  
3B1  
  151193 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING ACTION OF THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE IN APPLYING FOR GRANT FUNDS AND IN ENTERING INTO A GRANT AGREEMENT IN THE AMOUNT OF $20,200.00 WITH ADVOCATE PROGRAM, INC. TO ASSIST VETERANS AND THEIR FAMILIES AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO RECEIVE AND EXPEND FUNDS AWARDED(Community Action and Human Services) Adopted
Resolution R-539-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
3B2  
  150970 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING TERMS OF AND AUTHORIZING MAYOR, MAYOR�S DESIGNEE OR MIAMI-DADE TRANSIT DIRECTOR TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE STATE PARK AND RIDE LOT PROGRAM FUNDING IN THE AMOUNT OF $1,246,724.00 FOR THE DESIGN AND CONSTRUCTION OF A PARK AND RIDE FACILITY AT THE CORNER OF SW 184 STREET AND THE SOUTH MIAMI-DADE BUSWAY; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS AS SPECIFIED IN THE AGREEMENT; AUTHORIZING RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS AS SPECIFIED IN THE AGREEMENT SHOULD THEY BECOME AVAILABLE; AND AUTHORIZING USE OF CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS FOR SUCH PURPOSE(Miami-Dade Transit) Adopted
Resolution R-540-15
Mover: Dennis C. Moss
Seconder: Esteban L. Bovo, Jr.
Vote: 11 - 0
Absent: Jordan , Suarez
  REPORT: Note: Please see Agenda Item 10A1, Legislative File No. 151366 for the discussion related to this item.  
3B3  
  151321 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE ACTIONS OF THE MAYOR OR THE MAYOR�S DESIGNEE IN APPLYING FOR AND RECEIVING $20,000.00 IN GRANT FUNDS AWARDED BY, AND EXECUTING A GRANT AGREEMENT WITH, THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS FOR SPAYING AND NEUTERING OF CATS AND AUTHORIZING MAYOR OR MAYOR�S DESIGNEE TO EXECUTE AGREEMENT WITH THE CAT NETWORK, INC. IN THE AMOUNT OF $20,000.00 FOR PROVISION OF SPAY-NEUTER SERVICES AND EXERCISE PROVISIONS CONTAINED THEREIN(Animal Services) Adopted
Resolution R-541-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
4 ORDINANCES FOR FIRST READING  
4A  
  151421 Ordinance     Daniella Levine Cava
Audrey M. Edmonson
       
  ORDINANCE AMENDING SECTION 2-11.16 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, CLARIFYING THAT WHERE NOT PRECLUDED BY FEDERAL OR STATE LAW OR FUNDING SOURCE, HOURLY WAGES TO BE PAID ON FEDERALLY OR STATE FUNDED COUNTY CONSTRUCTION CONTRACTS SHALL BE THE HIGHER OF DAVIS-BACON ACT RATES OR THE RATES UNDER SECTION 2-11.16 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Deferred to No Date Certain
Ordinance
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
4B  
  151445 Ordinance     Jose "Pepe" Diaz
Esteban L. Bovo, Jr.
       
  ORDINANCE RELATING TO ZONING; UPDATING REGULATIONS PERTAINING TO RESTAURANTS AND TO LIVE ENTERTAINMENT AT RESTAURANTS, BARS, NIGHT CLUBS, CABARETS AND SIMILAR ESTABLISHMENTS; UPDATING THE DEFINITION OF NIGHT CLUBS; PROVIDING FOR NIGHT CLUBS IN THE IU-1 ZONING DISTRICT; AMENDING SECTIONS 33-1, 33-150, 33-238, AND 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 25, 2015
Ordinance
Mover: Jose "Pepe" Diaz
Seconder: Esteban L. Bovo, Jr.
Vote: 10 - 3
No: Sosa , Souto , Zapata
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Sosa asked that the foregoing proposed ordinance be bifurcated in order for her to vote separately on this item.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Unincorporated Municipal Services Area (UMSA) Committee on Tuesday, August 25, 2015 at 2:00 p.m.
 
4C  
  151420 Ordinance   Jose "Pepe" Diaz        
  ORDINANCE GRANTING PETITION OF HIALEAH COMMUNITIES, LLC FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING BONTERRA COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFFERED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-61
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

Note: During the setting of the agenda, County Attorney Robert Cuevas noted that Commissioner Diaz asked the Board to suspend the Board's 6 week/4 week Rules of Procedure to allow the public hearing and second reading on the foregoing proposed ordinance to be heard by the Board of County Commissioners at the July 14, 2015 Board meeting.

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, July 14, 2015 at 9:30 a.m.
 
  6/19/2015 Requires Municipal Notification by the Board of County Commissioners  
4D  
  151453 Ordinance     Jose "Pepe" Diaz        
  ORDINANCE RELATING TO ZONING AND SIGNS; PROVIDING DEFINITIONS AND STANDARDS FOR ILLUMINATION RELATING TO SIGNS; PROVIDING FOR DIGITAL SIGNS; PROVIDING FOR DIGITAL BILLBOARDS AFTER PUBLIC HEARING; AMENDING SECTIONS 33-84, 33-96, 33-96.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING SECTION 33-96.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Deferred to July 14, 2015
Ordinance
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 13 - 0
  REPORT: The following members of the public appeared before the Board to speak on the foregoing proposed ordinance:

Mr. Nathan Kurland, 3132 Day Avenue, Miami, appeared in opposition to the foregoing proposed ordinance, noting thirty years ago the County Commission established a countywide sign code with minimum and uniform standards for every form of outdoor sign. He noted cities could adopt more stringent rules but not more lenient ones. Mr. Kurland stated that many problems existed with this legislation such as area variances creating a process for waiving any and all regulations regarding sign size, setback, spacing, distance, quantity, minimum land area, landscaping, and where the applicant demonstrates that the benefit for granting the area variance does not outweigh the detriment to the neighborhood. He said this was a test for the protective rules controlling advertising signage measuring harm to a neighborhood and the ordinance encouraged visual pollution.

Ms. Grace Solares, 60 SW 30 Road, Miami, appeared in opposition to the foregoing proposed ordinance, noting the proposed Rule H made it an automatic right of certain digital point of sale signs to ignore the important rules for minimum land area and landscaping.

Mr. William Pollak, 19 W Flagler Street, Miami, appeared in opposition to the foregoing proposed ordinance, noting the current sign code established a protective zone 600 feet from both sides of all expressways where no commercial advertising (billboards) could exist. He said the local billboard industry participated in creating the existing sign code and honored that rule for fifteen years before Carter Advertising began installing illegal billboards along I-95, I-195, and I-395, with Clear Channel following thereafter. Mr. Pollak indicated that the sign code forced the City of Miami (City) to enforce the data on expressway billboards; however, the City Commission deliberately voted to allow illegal advertisements to remain in place in exchange of millions of dollars. He indicated that County government turned a blind eye to those decisions and did not enforce its own sign code. Additionally, the City failed to enforce the sign code banning mural ads when enormous and illegal billboards were installed on the side of downtown Miami buildings and the County looked the other way, said Mr. Pollak. He noted the City also authorized Clear Channel to install signage along expressways in exchange for cash. Additionally, Mr. Pollak indicated the City permitted the Miami Children�s Museum to install several giant programmable signs at its building.

Mr. Peter Erlich, 720 NE 69 Street, Miami, appeared in opposition to the foregoing proposed ordinance, noting the proposal would unleash visual pollution unmatched in County history. He said County government did nothing when illegal expressway billboards were erected fifteen years ago, when the mural industry flooded downtown Miami, when programmable faces were installed on billboards, or when the Miami Children�s Museum installed its billboard. Mr. Erlich pointed out that the ordinance created a new special exception category called digital billboards on handwritten pages 12 � 14, noting illegal digital billboards already existed throughout the County, particularly within the City of Miami. He said the County Attorney advised the Commission on several occasions that billboards were illegal and this new provision would allow advertising companies to ignore County Code and make legal what was now illegal.

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

County Attorney Robert Cuevas noted that Commissioner Suarez asked to bifurcate the following proposed ordinance in order to vote separately on this item. Commissioners Levine Cava and Sosa also asked that the item be bifurcated.

Commissioner Diaz subsequently asked that the foregoing proposed ordinance be deferred to the next County Commission meeting.

Hearing no further questions or comments, the Board proceeded to defer the foregoing proposed ordinance to the July 14, 2014 Board of County Commissioners meeting.
 
  6/23/2015 Requires Municipal Notification by the Board of County Commissioners  
4E  
  151439 Ordinance   Audrey M. Edmonson        
  ORDINANCE CREATING MIAMI-DADE COUNTY OVERTOWN COMMUNITY BENEFITS ADVISORY BOARD FOR PURPOSE OF ADMINISTERING OVERTOWN COMMUNITY BENEFITS PROGRAM; PROVIDING FOR POWERS AND DUTIES, COMPOSITION AND ORGANIZATION OF BOARD; PROVIDING FOR QUALIFICATIONS AND APPOINTMENT OF BOARD MEMBERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 27, 2015
Ordinance 15-109
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Economic Prosperity (EP) Committee on Thursday, August 27, 2015 at 2:00 p.m.
 
4F  
  151361 Ordinance   Sally A. Heyman
Rebeca Sosa
       
  ORDINANCE RELATED TO DADE-MIAMI CRIMINAL JUSTICE COUNCIL; AMENDING ARTICLE CXLIX, SECTION 2-2169 OF CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CREATE THE MIAMI-DADE REENTRY COUNCIL COMMITTEE AS A COMMITTEE OF THE DADE-MIAMI CRIMINAL JUSTICE COUNCIL; SUPERSEDING RESOLUTION NO. R-321-09; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 26, 2015
Ordinance 15-110
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Commissioner Sosa asked to be listed as a co-sponsor of the foregoing proposed ordinance.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Metropolitan Services (MS) Committee on Wednesday, August 26, 2015 at 2:00 p.m.
 
  6/8/2015 Requires Municipal Notification by the Board of County Commissioners  
4G  
  151390 Ordinance     Dennis C. Moss
Daniella Levine Cava
Audrey M. Edmonson
Barbara J. Jordan
Rebeca Sosa
Sen. Javier D. Souto
       
  ORDINANCE RELATING TO ZONING AND OTHER LAND DEVELOPMENT REGULATIONS; UPDATING DEFINITIONS PERTAINING TO BREWERIES, DISTILLERIES, AND WINERIES; UPDATING PERMITTED USES IN THE AGRICULTURAL ZONING DISTRICT BY AMENDING REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS AND FARM-RELATED WINERIES, BREWERIES, AND DISTILLERIES; AMENDING SECTIONS 33-1 AND 33-279 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 25, 2015
Ordinance
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Unincorporated Municipal Services Area (UMSA) Committee on Tuesday, August 25, 2015 at 2:00 p.m.
 
4H  
  151378 Ordinance   Xavier L. Suarez
Sally A. Heyman
       
  ORDINANCE RELATING TO ZONING; AMENDING JURISDICTION OF BOARD OF COUNTY COMMISSIONERS TO HEAR CERTAIN APPLICATIONS RELATED TO PRIVATE SCHOOLS; AMENDING SECTION 33-314 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 25, 2015
Ordinance 15-129
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Unincorporated Municipal Services Area (UMSA) Committee on Tuesday, August 25, 2015 at 2:00 p.m.
 
4I  
  151295 Ordinance    
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS GRAND FLORIDIAN ESTATES MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: September 1, 2015
Ordinance 15-76
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, September 1, 2015 at 9:30 a.m.
 
4J  
  151253 Ordinance    
  ORDINANCE REVISING ZONING AND OTHER LAND DEVELOPMENT REGULATIONS PERTAINING TO THE NARANJA COMMUNITY URBAN CENTER DISTRICT; AMENDING SECTIONS 33-284.66 AND 33-284.68 THROUGH 33-284.72 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-65
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, July 14, 2015 at 9:30 a.m.
 
4K  
  151254 Ordinance    
  ORDINANCE REVISING ZONING AND OTHER LAND DEVELOPMENT REGULATIONS PERTAINING TO THE LEISURE CITY COMMUNITY URBAN CENTER DISTRICT; AMENDING SECTIONS 33-284.99.34, 33-284.99.35, 33-284.99.36 AND 33-284.99.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-66
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, July 14, 2015 at 9:30 a.m.
 
4L  
  151415 Ordinance    
  ORDINANCE RELATING TO ZONING; AMENDING THE DOWNTOWN KENDALL URBAN CENTER DISTRICT REGULATING PLANS; REDESIGNATING STREETS ABUTTING THE SUBJECT PROPERTY FROM ''A'' TO ''C'' AND ''F''; AMENDING SECTION 33-284.61 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-64
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, July 14, 2015 at 9:30 a.m.
 
4M  
  151072 Ordinance   Jose "Pepe" Diaz
Sally A. Heyman
       
  ORDINANCE PERTAINING TO ANIMALS; AMENDING REGULATIONS REGARDING CRUELTY TO ANIMALS, ADOPTION OF ANIMALS FROM THE DEPARTMENT, VACCINATION AND LICENSING OF ANIMALS, SALE OF LICENSES BY VETERINARIANS AND PET DEALERS, IMPOUNDMENT OF ANIMALS, LIVESTOCK AT LARGE, AND MICROCHIPPING; AMENDING THE ANIMAL SERVICES DIRECTOR�S DELEGATED CONTRACTING AUTHORITY; AMENDING SECTIONS 5-4, 5-5, 5-6, 5-7, 5-11, 5-18, 5-19, AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING AUTHORITY FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Animal Services) Adopted on first reading
Public Hearing: August 26, 2015
Ordinance 15-117
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Metropolitan Services (MS) Committee on Wednesday, August 26, 2015 at 2:00 p.m.
 
  5/29/2015 Requires Municipal Notification by the Board of County Commissioners  
4N  
  151319 Ordinance   Metropolitan Services Committee        
  ORDINANCE AMENDING SECTION 24-5 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING DEFINITIONS RELATED TO SANITARY SEWER COLLECTION AND TRANSMISSION SYSTEMS; AMENDING SECTION 24-18 OF THE CODE, RELATING TO OPERATING PERMITS; AMENDING SECTION 24-42.2 OF THE CODE, PROVIDING CAPACITY, MANAGEMENT, OPERATION AND MAINTENANCE REQUIREMENTS FOR THE VOLUME SEWER CUSTOMER SANITARY SEWER COLLECTION AND TRANSMISSION SYSTEMS FOR THE CONSENT DECREE BETWEEN MIAMI-DADE COUNTY, THE UNITED STATES OF AMERICA, THE STATE OF FLORIDA, AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Adopted on first reading
Public Hearing: August 26, 2015
Ordinance 15-88
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Metropolitan Services (MS) Committee on Wednesday, August 26, 2015 at 2:00 p.m.
 
  6/23/2015 Requires Municipal Notification by the Board of County Commissioners  
4O  
  151489 Ordinance   Esteban L. Bovo, Jr.        
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS LAKE HILDA MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: September 1, 2015
Ordinance 15-72
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, September 1, 2015 at 9:30 a.m.
 
4P  
  151493 Ordinance   Esteban L. Bovo, Jr.        
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS LAKE PATRICIA MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: September 1, 2015
Ordinance 15-73
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, September 1, 2015 at 9:30 a.m.
 
4Q  
  151504 Ordinance   Jean Monestime
Daniella Levine Cava
Sally A. Heyman
       
  ORDINANCE RELATED TO AUDITS OF SPECIAL TAXING DISTRICT; AMENDING SECTION 18-19 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING ANNUAL AUDITS OF SPECIAL TAXING DISTRICTS TO BE PLACED ON AN AGENDA OF THE BOARD OF COUNTY COMMISSIONERS BY A SPECIFIED DEADLINE; PROVIDING ADDITIONAL REQUIREMENTS FOR SUCH AUDITS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 26, 2015
Ordinance 15-114
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Metropolitan Services (MS) Committee on Wednesday, August 26, 2015 at 2:00 p.m.
 
5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)  
5A  
  151324 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson
Jose "Pepe" Diaz
Barbara J. Jordan
Rebeca Sosa
       
  RESOLUTION APPROVING, AFTER A PUBLIC HEARING, SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 324 - ''PUERTO RICAN COMMUNITY CENTER,'' IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-917-04, TO CHANGE PROJECT DESCRIPTION TO ALLOW ACQUISITION OF A PUERTO RICAN COMMUNITY CENTER Adopted
Resolution R-542-15
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing and called for persons wishing to appear before the Board on the foregoing proposed resolution.

Mr. Louis de Rosa, 3515 Biscayne Boulevard, Miami, acknowledged Mayor Gimenez, Commissioners Edmonson and Sosa and the entire County Commission for their efforts in connection with this project on behalf of the Puerto Rican Chamber of Commerce�s Board of Directors.

Chairman Monestime closed the public hearing after no other persons appeared wishing to be heard.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.
 
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
5B  
  151354 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Sally A. Heyman
       
  RESOLUTION CODESIGNATING THE TRAFFIC ROUNDABOUT AT THE INTERSECTION OF NE 199TH STREET AND NORTH DRIVE AS ''FATHER PETER LICKMAN WAY'' Adopted
Resolution R-543-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5B SUPPLEMENT  
  151428 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING RESOLUTION CODESIGNATING THE TRAFFIC ROUNDABOUT AT THE INTERSECTION OF NE 199TH STREET AND NORTH DRIVE AS 'FATHER PETER LICKMAN WAY'(Clerk of the Board) Presented
5C  
  151356 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION RENAMING ''RICHMOND TRIANGLE PARK'' AS THE ''RICHMOND HEIGHTS LEGACY PARK''; RENAMING ''BEN SHAVIS PARK'' AS THE ''BEN SHAVIS LEGACY PARK''; RENAMING ''LINCOLN ESTATES PARK'' AS THE ''LINCOLN ESTATES LEGACY PARK''; RENAMING ''NARANJA LAKES PARK'' AS THE ''NARANJA LAKES LEGACY PARK''; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO EFFECTUATE SUCH NAME CHANGES Adopted
Resolution R-544-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5C SUPPLEMENT  
  151458 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING RESOLUTION RENAMING 'RICHMOND TRIANGLE PARK' AS THE 'RICHMOND HEIGHTS LEGACY PARK'; RENAMING 'BEN SHAVIS PARK' AS THE 'BEN SHAVIS LEGACY PARK'; RENAMING 'LINCOLN ESTATES PARK' AS THE 'LINCOLN ESTATES LEGACY PARK'; RENAMING 'NARANJA LAKES PARK' AS THE 'NARANJA LAKES LEGACY PARK'; DIRECTING THE COUNTY MAYOR TO TAKE ALL STEPS NECESSARY TO EFFECTUATE SUCH NAME CHANGES(Clerk of the Board) Presented
5D  
  150521 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Esteban L. Bovo, Jr.
Daniella Levine Cava
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Rebeca Sosa
       
  RESOLUTION AMENDING RESOLUTION NO. R-488-14 TO REVISE THE COUNTY ROAD CODESIGNATION, AND URGING THE FLORIDA LEGISLATURE TO REVISE THE STATE ROAD CODESIGNATION, OF PORTIONS OF SW 152 STREET FROM BEING �LARCENIA BULLARD WAY� TO BEING �SENATOR LARCENIA J. BULLARD WAY�; AMENDING RESOLUTION NO. R-481-14 TO APPROVE STATE REVISION; DIRECTING THE MAYOR OR DESIGNEE TO INSTALL APPROPRIATE SIGNAGE ON TRAFFIC SIGNAL MAST ARMS AND STREET SIGNS PURSUANT TO RESOLUTION NOS. R-825-07 AND R-159-07 Adopted
Resolution R-545-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Commissioner Zapata asked to be listed as a co-sponsor of the foregoing proposed resolution.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  3/17/2015 Deferred by the Board of County Commissioners  
5D SUPPLEMENT  
  151450 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING RESOLUTION AMENDING RESOLUTION NO. R-488-14 TO REVISE THE COUNTY ROAD CODESIGNATION, AND URGING THE FLORIDA LEGISLATURE TO REVISE THE STATE ROAD CODESIGNATION, OF PORTIONS OF SW 152 STREET FROM BEING 'LARCENIA BULLARD WAY' TO BEING 'SENATOR LARCENIA J. BULLARD WAY'; AMENDING RESOLUTION NO. R-481-14 TO APPROVE STATE REVISION; DIRECTING THE MAYOR TO INSTALL APPROPRIATE SIGNAGE ON TRAFFIC SIGNAL MAST ARMS AND STREET SIGNS PURSUANT TO RESOLUTION NOS. R-825-07 AND R-159-07(Clerk of the Board) Presented
Supplement
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
5E  
  151105 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Xavier L. Suarez        
  ORDINANCE AMENDING ORDINANCE NO. 04-84 RELATING TO THE COLONNADE MULTIPURPOSE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO MODIFY THE DESCRIPTION OF THE PARK FACILITIES AND SERVICES NEEDED TO MAINTAIN SAME WITHIN THE SPECIAL TAXING DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 15-48
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  5/19/2015 Adopted on first reading by the Board of County Commissioners  
5F  
  151443 Ordinance      
  ORDINANCE APPROVING AND ADOPTING FISCAL YEAR 2014-15 MID-YEAR SUPPLEMENTAL BUDGET ADJUSTMENTS AND AMENDMENTS FOR VARIOUS COUNTY DEPARTMENTS AND FUNDS; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER BOARD ACTIONS WHICH SET FEES, CHARGES AND ASSESSMENTS AND PROVIDING FOR THEIR AMENDMENT; APPROPRIATING GRANT, DONATION AND CONTRIBUTION FUNDS; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 150952](Office of Management and Budget) Amended
  REPORT: Note: See Agenda Item No. 5F AMENDED, Legislative File No. 151656 for the amended version.  
5F AMENDED  
  151656 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE APPROVING AND ADOPTING FISCAL YEAR 2014-15 MID-YEAR SUPPLEMENTAL BUDGET ADJUSTMENTS AND AMENDMENTS FOR VARIOUS COUNTY DEPARTMENTS AND FUNDS; RATIFYING AND APPROVING IMPLEMENTING ORDERS AND OTHER BOARD ACTIONS WHICH SET FEES, CHARGES AND ASSESSMENTS AND PROVIDING FOR THEIR AMENDMENT; APPROPRIATING GRANT, DONATION AND CONTRIBUTION FUNDS; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 151443](Office of Management and Budget) Adopted as amended
Ordinance 15-49
Mover: Barbara J. Jordan
Seconder: Daniella Levine Cava
Vote: 8 - 1
No: Zapata
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Commissioner Jordan questioned the removal of $1 million from the original item, noting funding was available and the need for employment opportunities in six impacted areas.

It was moved by Commissioner Jordan that the $1 million be reinstated. This motion was seconded by Commissioner Levine Cava.

Assistant County Attorney Jess Anderson clarified that the foregoing proposed ordinance would need to be amended to reinstate the $1 million; that the $1 million funding was originally in the item; and that the funding was removed by the Strategic Planning and Government Operations Committee (SPGOC).

Chairman Monestime expressed concern about starting a summer employment program in the middle of the summer, suggesting that the funding be used to build a stronger program next year.

Commissioner Levine Cava noted she supported Chairman Monestime�s suggestion; however, proceeded to ask Deputy Mayor Russell Benford about the implementation plans for the program.

Deputy Mayor Benford reported that Administration would work to get as much done as possible this summer and use any remaining funds next year.

Commissioner Heyman expressed concern raised by the SPGOC that only certain Districts were allocated funding. She questioned whether the funding would be distributed throughout the entire County by the Parks, Recreation and Open Spaces (PROS) Department Director.

Commissioner Edmonson indicated that Mayor Gimenez was addressing high crime rates in specific areas during the summer months, despite the need for jobs countywide. She noted some areas needed more help than others; that the Fiscal Year 2015-16 budget included summer jobs funding for the entire County; and that the current allocation was only enough for some areas. Commissioner Edmonson asked staff whether there was sufficient time to start a program this year.

Deputy Mayor Benford reported that Administration would partner with CareerSource South Florida; that online resources were available; and that mobile units could be secured quickly. He said the program was a deterrent to juvenile crime and funds were allocated based upon the top ten zip codes of youth arrests.

Chairman Monestime stated that the Mayor�s office should have developed this program several months earlier after the Board passed a resolution sponsored by Commissioner Suarez and himself to create a summer jobs program with $2.5 million funding and matching funds. He said the Mayor offered $1 million for the summer program which was subsequently rescinded and attempted to reinstate three months later. Chairman Monestime noted he would support the program but did not believe it would achieve its full impact due to the late implementation date, and that it should be appropriately planned for next year.

Commissioner Edmonson said she believed the program could be implemented quickly by placing youth in the PROS Department, County departments, and County Commissioner�s offices.

Commissioner Jordan concurred with Commissioner Edmonson about creating a countywide program; however, expressed concern that all areas were not equal and the needs were not the same throughout the entire county. She supported implementing a program for the remainder of the summer and allocating the unused funds next year.

Commissioner Diaz said there would have been a program had it been done within the requested timeframe. He pointed out that crime also existed in his District and there was a need for jobs there as well.

Commissioner Zapata noted he agreed with Commissioner Jordan that there were priorities in the community. He said the Board should have the political courage to establish those priorities and that the money should be made available to follow those priorities. Commissioner Zapata stated that CareerSource already had a summer jobs program and questioned the extent of their participation in this process. He inquired about the Children�s Trust�s involvement and whether an educational component was included. Commissioner Zapata said all community partners, including the United Way and community based organizations needed to participate in this program. He stressed the importance of putting together impactful and meaningful programs in the neediest areas of the County, noting all community partners should be involved.

Chairman Monestime commented on the need to be more inclusive and to allocate more resources to the areas with the most need. He noted concern that the Administration did not follow through on this issue in a timely manner.

Commissioner Moss stated that he always supported summer youth employment programs. He noted that these employment experiences prepared youth for future self-sufficiency; that additional money would be spent in the community as youth earned salries; and that community based organizations should be involved. Commissioner Moss said that additional funding was needed in addition to the proposed $1 million. He noted that work experience was important to develop appropriate work habits, to understand the value of earning money legally, and to reduce crime.

Commissioner Levine Cava commented that the Children�s Trust Board expressed interest in this program for next year, noting they would have been interested in a program this year had it been implemented earlier.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance, as amended, to reinstate the $1 million allocation for the Liberty City Summer Youth Employment Program.
 
5G  
  151271 Ordinance      
  ORDINANCE APPROVING, ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR THE STREET LIGHTING SPECIAL TAXING DISTRICTS IN MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Public Works & Waste Management) Continued
Ordinance
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing and called for persons wishing to appear before the Board on the foregoing proposed ordinance.

Ms. Raquel Regalado, Miami-Dade County School Board member, 1850 SW 36 Avenue, Miami, expressed concern about the lack of process relating to the special taxing districts. She said the Commission had the opportunity to regain the public trust and create a better process, noting issues over the pooling of districts along with the use and mismanagement of funds. Ms. Regalado stated the outsourcing of service billing was not a solution to the problem, noting the problem was the actual numbers and the lack of available information. She said a forensic audit was needed, district by district, project by project, to determine the actual years people either overpaid or underpaid taxes and by how much. Ms. Regalado indicated that people living in a special taxing district had the right to be properly assessed and failure to do so was not dealing with the existing systemic problem. Additionally, Ms. Regalado said that administrative process guidelines needed to be created to include an administrative proceedings fee structure and a clear appellate process to resolve residents disagreements.

Mr. Mark Morris, 6361 Dolphin Drive, Coral Gables, noted his community guardhouse became operational five years ago and within that period the non-ad valorem taxes nearly doubled. He objected to unreasonable accounting practices, noting he was not able to receive any justification for the $1,752 increase from the Special Taxing District office. Mr. Morris reported that the fee was subsequently reversed as a result of his complaint.

Mr. Armando Gonzalez, 10425 SW 175 Street, Miami, noted his fence was broken during repairs to the sidewalk. Commissioner Moss reported that he was aware of Mr. Gonzalez� situation and was working with residents to ensure their issues were resolved.

Mr. Alfred Sasiadek, 463 NE 55 Terrace, Miami, Treasurer, Morningside Civic Association, indicated that not enough taxes were collected for two years and that the Association advised the Special Taxing District Office of the error. He noted the Association was later informed the error would be corrected in the following year; however, the 443 Morningside residents did not receive their trim notices until after the comment period had expired and the issue could not be addressed. Mr. Sasiadek said the underpayment was now being requested to be paid in one year rather than two years as previously advised, creating a hardship to residents on fixed incomes. He indicated that no details as to the cost escalation were provided and the Special Taxing District Office could not substantiate their $422,668 assessment.

County Attorney Cuevas advised that the public hearing on Agenda Item 5H could be closed; however, the public hearing on Agenda Items 5G, 5I and 5J needed to be continued until September 1, 2015, due to advertisement and notice issues.

Chairman Monestime closed the public hearing after no other persons appeared wishing to be heard.

It was moved by Commissioner Jordan that the foregoing proposed ordinance be adopted. This motion was seconded by Chairman Monestime.

County Mayor Gimenez presented a report entitled �Information Regarding Four Ordinances Approving the Rate Setting Process for Special Taxing Districts�. (See Exhibits for the complete report.)

Mayor Gimenez requested the following considerations:

1) The Board allow the public to give testimony during the public hearing for the four (4) ordinances and continue the public hearing on the regularly scheduled Board meeting of September 1, 2015, which will allow for the re-notification of the affected property owners and re-advertisement of the continuation of the public hearing to September 1, 2015, in compliance with both State Statute and County Code.

2) The Board adopt Agenda Item 5H, which would set the Special Assessment District Rates For Special Taxing Districts remaining flat, including but not limited to Street Lighting, Security Guard, Multipurpose Maintenance, and Capital Improvements/Road Maintenance Special Taxing Districts for FY 2015-2016; and

3) The Board accept the supplemental memoranda distributed as part of the June 30, 2015, Changes Memorandum incorporating any adjustments to rates that were a function of work that had continued since the ordinances were heard for First Reading, noting the nine adjustments proposed with Agenda Items 5G, 5H, 5I and 5J would be lowed or returned to the previous year�s rate.

Mayor Gimenez concluded that future rate setting would be limited to cost of living requirements or the cost of any improvements requested by residents. He said that any construction improvement request that was not contemplated or addressed by ordinance would not be completed without an election of District residents. Mayor Gimenez ensured the Board and residents that the Administration would continue to work to address all resident questions and provide them with the requested information. He apologized to the residents that were negatively affected, noting the problem would be fixed and should not happen again in the future. Mayor Gimenez said that there would be future rate increases and that districts would be properly notified of those increases. He indicated that special taxing district residents were being charged for services they have received or were about to receive, and that County taxpayers could not subsidize the services received by these residents.

Commissioner Levine Cava indicated that she understood the problem might go back 20 years and was a violation of the public trust. She stated it was clear that the County was deficient in notifying residents that they lived in a special taxing district and needed to pay for certain services. Commissioner Levine Cava said that a forensic audit was needed, noting it was disturbing to learn that residents were not given answers as to use of the funds. She indicated that a more active public disclosure and education process on tax bills was needed. Commissioner Levine Cava agreed that an appellate process was also needed. She said residents had options to reduce costs, such as reducing the number of hours security guards were used. Commissioner Levine Cava commented that short-term solutions were needed that would give homeowner�s a grace period, a one-time amnesty or an opportunity to spread out the payments.

Assistant County Attorney Jorge Martinez-Esteve responded that pursuant to County Charter, all County funds for special taxing districts shall be provided by service charges or assessments within the districts themselves.

Mayor Gimenez added that no General Fund dollars were ever used in any of the special taxing districts and could not be used for this purpose. He explained that the special taxing districts were considered in a pool; however, stated that each special taxing district would now be accounted for individually. Mayor Gimenez pointed out that surpluses from one district should not have been applied to other areas and that this process would not continue.

Commissioner Levine Cave inquired whether any accommodation could be made to address previous issues and appropriate corrections be made to the current year according to the applicable rules.

Mayor Gimenez responded that there needed to be a complete reconciliation so that residents living in special taxing districts paid exactly what they should be paying, noting that one area could not subsidize another.

Responding to Commissioner Levine Cava�s question about failure to pay bills, Assistant County Attorney Martinez-Esteve said that assessments were collected pursuant to the same procedure as ad-valorem taxes. He said any payment not received by April 1st would be considered delinquent and a tax certificate sold on June 1st.

Commissioner Sosa questioned whether there were any tax increases in the foregoing proposed ordinance. She also questioned whether any of the special taxing district funding was used for anything other than the intended purpose.

Mayor Gimenez responded that 800 out of the 1,060 special taxing districts had a flat tax rate. He said that all money within the special taxing district was spent within special taxing districts, but not specific to each special taxing district. He noted surpluses would not occur in the future because each special taxing district would be accounted for individually.

Commissioner Sosa said she did not support the use of General Fund dollars for special taxing districts. She questioned whether there would be a process to prevent certain special taxing districts from benefiting from others.

Mayor Gimenez pointed out that there would be a public hearing held on September 1, 2015, for residents to appeal the special taxing district assessments. He indicated that billing errors were identified where some special taxing districts were billed too much and others too little, noting each district was different with unique circumstances.

Commissioner Sosa stated that alternatives needed to be offered to help residents with their special taxing district assessments, noting the increases based upon someone�s mistake could be drastic.

Mayor Gimenez noted the increase would be less than $100 per year for 97 percent of the impacted residents. He said he was looking for alternatives and recommendations but has not yet found a solution.

Commissioner Zapata indicated that he expressed concern about special taxing districts with Deputy Mayor Alina Hudak in November 2014. He said he could not support establishing rates when we did not know how the money was spent. Commissioner Zapata stated that special taxing districts were subsidizing the County and that there was cross subsidizing between special taxing districts. He expressed concern that the Board could not move forward until the auditor�s report was received and the past problems addressed. Commissioner Zapata said there were no existing policies and procedures, and that collecting money from taxpayers for past mistakes was not the right thing to do. He stated that he requested the Inspector General to look into this issue.

Commissioner Bovo inquired whether action on the foregoing proposed ordinance could be delayed along with the other items, noting constituents were considering options to dismantle special taxing districts.

County Attorney Cuevas responded that action on this proposal could be deferred and the public hearing continued until September 1, 2015, at 9:30 a.m.

It was moved by Commissioner Bovo that the public hearing for Agenda Items 5G, 5H, 5I and 5J be continued until September 1, 2015, at 9:30 am. This motion was seconded by Commissioner Sosa.

Commissioner Edmonson concurred on the deferral request, noting her constituents were not aware they were being taxed as a special taxing district.

Commissioner Suarez requested and a friendly amendment to the motion to defer was accepted for the Internal Auditor to provide an opinion by September 1, 2015.

Commissioner Heyman indicated that she had numerous special taxing districts in her district; that she would not be present on September 1, 2015; and that she wanted to have the opportunity to vote on these items.

County Attorney Cuevas suggested allowing public hearings on all items on September 1, 2015, at which time it could be determined whether to vote on the item.

Commissioner Sosa asked Mr. Charles Anderson, Commission Auditor and Deputy Mayor Edward Marquez on behalf of the Finance Department to determine whether the assessment of flat fees covered only the direct costs required by the specific taxing districts in order to ensure County residents were not being assessed rates and assessments subsidizing other taxing districts.

Hearing no further questions or comments, the Board proceeded to vote to defer the foregoing proposed ordinance and continue the public hearing to the meeting of September 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5G SUPPLEMENT  
  151558 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING ORDINANCE ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR STREET LIGHTING SPECIAL TAXING DISTRICTS Continued
Supplement
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
5H  
  151272 Ordinance      
  ORDINANCE APPROVING, ADOPTING AND RATIFYING SPECIAL ASSESSMENT DISTRICT RATES FOR SPECIAL TAXING DISTRICTS, INCLUDING BUT NOT LIMITED TO, STREET LIGHTING, MULTIPURPOSE MAINTENANCE, SECURITY GUARD, AND CAPITAL IMPROVEMENTS/ROAD MAINTENANCE SPECIAL TAXING DISTRICTS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; AND PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE(Public Works & Waste Management) Continued
Ordinance
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5H SUPPLEMENT  
  151557 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING THE ORDINANCE APPROVING, ADOPTING AND RATIFYING SPECIAL ASSESSMENT DISTRICT RATES REMAINING FLAT FOR STREET LIGHTING, MULTIPURPOSE MAINTENANCE, AND SECURITY GUARD, AND CAPITAL IMPROVEMENTS/ROAD MAINTENANCE SPECIAL TAXING DISTRICTS Continued
Supplement
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
5I  
  151274 Ordinance      
  ORDINANCE APPROVING, ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR THE SECURITY GUARD SPECIAL TAXING DISTRICTS IN MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Public Works & Waste Management) Continued
Ordinance
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5I SUPPLEMENT  
  151559 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING ORDINANCE ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR SECURITY GUARD SPECIAL TAXING DISTRICTS Continued
Supplement
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
5J  
  151275 Ordinance      
  ORDINANCE APPROVING, ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR THE MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICTS IN MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Public Works & Waste Management) Continued
Ordinance
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5J SUPPLEMENT  
  151556 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING ORDINANCE ADOPTING AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES AND ASSESSMENTS FOR MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICTS Continued
Supplement
Mover: Esteban L. Bovo, Jr.
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The public hearing was opened and continued to the September 1, 2015 Board of County Commissioners meeting and Board consideration after the conclusion of the public hearing.

Note: See Agenda Item No. 5G, Legislative File No. 151271 for the complete discussion.
 
5K  
  151086 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS PALMERA AT CORAL WAY STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-50
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5K1  
  151087 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS PALMERA AT CORAL WAY STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-546-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5L  
  151066 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS KEYS CROSSING APARTMENTS MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-51
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  5/19/2015 Adopted on first reading by the Board of County Commissioners  
  5/19/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  6/2/2015 Deferred by the Board of County Commissioners  
5L1  
  151073 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS KEYS CROSSING APARTMENTS MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO(Public Works & Waste Management) Adopted
Resolution R-547-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/2/2015 Deferred by the Board of County Commissioners  
5M  
  151171 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS HILLEL PLAT STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-52
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5M1  
  151172 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS HILLEL PLAT STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-548-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5N  
  151199 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS BONITA ESTATES MANSIONS SOUTH STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-53
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5N1  
  151200 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARIES OF A SPECIAL TAXING DISTRICT KNOWN AS BONITA ESTATES MANSIONS SOUTH STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO(Public Works & Waste Management) Adopted
Resolution R-549-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5O  
  151257 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS DORAL COMMONS RESIDENTIAL AND DORAL COMMONS COMMERCIAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-54
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5O1  
  151258 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN BOUNDARY OF A SPECIAL TAXING DISTRICT KNOWN AS DORAL COMMONS RESIDENTIAL AND DORAL COMMONS COMMERCIAL MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND ORDINANCE NO.(Public Works & Waste Management) Adopted
Resolution R-550-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolutions, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5P  
  151228 Ordinance      
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS OAK HAMMOCK TOWNHOMES MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Withdrawn
Ordinance
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5Q  
  151209 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS ATLANTIC VILLAS AT KENDALL MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-55
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5R  
  151206 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS THREE LAKES APARTMENTS MULTIPURPOSE MAINTENANCE SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted
Ordinance 15-56
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

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

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  6/2/2015 Adopted on first reading by the Board of County Commissioners  
  6/2/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
5S  
  151227 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Juan C. Zapata        
  RESOLUTION APPROVING A RELEASE OF COVENANT FOR ENVIRONMENTALLY ENDANGERED LANDS OWNED BY JACQUELINE ANN ROSE WITH FOLIO NUMBERS 30-4918-001-0275 AND 30-4918-001-0280 IN MIAMI-DADE COUNTY, FLORIDA AND AUTHORIZING MAYOR TO EXECUTE SAME(Regulatory and Economic Resources) Adopted
Resolution R-551-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
5T  
  150084 Ordinance      
  ORDINANCE REVISING ZONING AND OTHER LAND DEVELOPMENT REGULATIONS; UPDATING THE REGULATING PLANS, DEVELOPMENT PARAMETERS, AND NON-CONFORMING USE PROVISIONS FOR THE MODEL CITY URBAN CENTER DISTRICT; AMENDING SECTIONS 33-284.99.43, 33-284.99.44 AND 33-284.99.46, CODE OF MIAMI-DADE COUNTY, FLORIDA, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE(Regulatory and Economic Resources) Amended
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

The following members of the public appeared before the Board to speak on the foregoing proposed ordinance:

Ms. Valencia Gunder, 20621 NW 17 Avenue, Miami Gardens, spoke on behalf of a small grassroots organization assisting homeless individuals. She noted concern about Liberty Square residents being displaced and becoming homeless as a result of the new development as proposed in the foregoing item. Ms. Gunder asked the County Commission to develop a plan that would ensure the complete involvement of the community in the proposed development and ensure residents would not be displaced.

Mr. James Mungin II, 1860 NW 86 Terrace, Miami, noted the need to consider job opportunities and local small business in relation to the Liberty Square project and the surrounding community.

Mr. Daniel Agnew, 280 NW 42 Street, Miami, addressed the need for residents to have input into the project�s development and to return to Liberty Square upon the project's completion.

Mr. Francois Alexandre, 1060 NE 80 Street, #2, Miami, spoke on concerns about promises made but not kept in relation to the revitalization and redevelopment of Liberty Square. He stressed the need to provide local residents with employment opportunities.

Mr. Emmanuel George, 17 NE 2 Avenue, #106, Miami, asked that the needs of the local residents be considered in relation to the Liberty Square projrct.

Mr. Brian Dennis, 2410 NW 170 Terrace, Miami, noted $100 million was found to tear down the Liberty Square Project but there was not $100 million found to help its residents. He pointed out the homelessness issue associated with the U.S. Department of Housing and Urban Development�s �One Strike� policy wherein, the housing benefits received by parents were lost if their child became in trouble with the law. Mr. Dennis said there were three blocks with almost $6 million work of vacant property with no progress being made.

Commissioner Edmonson noted she was proud of the young men speaking today (6/30) and their willingness to become involved in political issues. She invited them to her upcoming community meetings and encouraged them to become more involved.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance, as amended.

It was moved by Commissioner Edmonson that the foregoing proposed ordinance be adopted, as amended, to 1) adopt technical amendments to the Model City Urban Center District, and 2) withdraw the portion related to intensification of projects adjacent to the Metro Rail Station Urban Center. This motion was seconded by Chairman Monestime, and upon being put to a vote, passed by a vote of 9-0 (Commissioners Bovo, Sosa, Souto and Suarez were absent).

The amended version of this ordinance has been assigned Ordinance No. 15-57.

Note: The foregoing proposed ordinance was adopted on July 1, 2015.
 
  2/3/2015 Adopted on first reading by the Board of County Commissioners  
  2/3/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  3/17/2015 Deferred by the Board of County Commissioners  
  4/21/2015 Deferred by the Board of County Commissioners  
  5/5/2015 Deferred by the Board of County Commissioners  
5U  
  151137 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF CRESTVIEW WEST, LOCATED IN THE NORTH 1/2 OF SECTION 20, TOWNSHIP 55 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY SW 136 STREET, ON THE EAST APPROXIMATELY 890 FEET WEST OF SW 157 AVENUE, ON THE SOUTH BY THE SEABOARD AIRLINE RAILROAD, AND ON THE WEST BY SW 162 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-552-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/2/2015 Deferred by the Board of County Commissioners  
5V  
  151424 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF ATLANTIC VILLAS AT KENDALL, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 55 SOUTH, RANGE 39 EAST, AND THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 55 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH BY THEORETICAL SW 166 TERRACE, ON THE EAST BY SW 137 AVENUE, ON THE SOUTH BY THEORETICAL SW 169 STREET, AND ON THE WEST APPROXIMATELY 350 FEET WEST OF THEORETICAL SW 138 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-553-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5W  
  151426 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE WAIVER OF PLAT OF TUYA, LLC, D-23282, LOCATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 840 FEET SOUTH OF NW 6 STREET, ON THE EAST BY NW 137 AVENUE, ON THE SOUTH APPROXIMATELY 270 FEET NORTH OF THEORETICAL NW 2 STREET, AND ON THE WEST BY THEORETICAL NW 138 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-554-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5X  
  151427 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE PLAT OF NIRMA SUBDIVISION, LOCATED IN THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 39 EAST (BOUNDED ON THE NORTH APPROXIMATELY 85 FEET SOUTH OF SW 32 LANE, ON THE EAST APPROXIMATELY 225 FEET WEST OF SW 148 AVENUE, ON THE SOUTH BY SW 34 STREET, AND ON THE WEST APPROXIMATELY 225 FEET EAST OF SW 149 AVENUE)(Regulatory and Economic Resources) Adopted
Resolution R-555-15
Mover: Sally A. Heyman
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing on the foregoing item, and seeing no persons appear wishing to be heard, closed the public hearing.

Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
5Y  
  151441 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION DECIDING THE APPEAL BY BAY HARBOR CONTINENTAL, INC. AND P3 INVESTMENTS, LLC OF THE DECISION BY THE MIAMI-DADE COUNTY HISTORIC PRESERVATION BOARD TO DESIGNATE BAY HARBOR CONTINENTAL, LOCATED AT 1135 103 ST, BAY HARBOR ISLANDS, MIAMI-DADE COUNTY, FLORIDA, AS A MIAMI-DADE COUNTY HISTORIC SITE(Clerk of the Board) Adopted
Resolution R-556-15
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 8 - 2
No: Jordan , Cava
Absent: Sosa , Souto , Bovo, Jr.
  REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record.

Chairman Monestime opened the public hearing and called for persons wishing to appear before the Board on the foregoing proposed resolution.

Clerk of the Board Director Christopher Agrippa swore in the witnesses and interpreters.

Mr. Neisen Kasdin, Akerman LLP, One Southeast Third Avenue, Suite 2500, Miami, Attorney representing Bay Harbor Continental, Inc. (BHC Inc.), and P3 Investments LLC (P3), appeared before the Board. He stated that this was an appeal of the Miami-Dade County Historic Preservation Board's (HPB) designation of the Bay Harbor Continental (BHC). Mr. Kasden requested that the County Commission grant the appeal based on the fact that the overwhelming majority of BHC residents (shareholders) voted to sell the building to raise money for personal needs, and to oppose the historic designation of the property. He said the homeowner�s hardship was the principal basis on which the appeal should be granted; however, it must be noted there was an abuse or manipulation of the process which called for the Commission to overturn the decision. Mr. Kasdin indicated that staff acted in good faith, but provided the opportunity for a few residents to manipulate the process for personal gain and to hide that fact under the noble cause of preservation.

Mr. Kasdin stated that the owner and majority of residents opposed historic designation. He explained that BHC was a co-op and not a condominium which was created and owned since 1959 by BHC Inc. Mr. Kasdin said 86 percent of shareholders (building owners/residents with a leasehold interest) voted to sell the property, and that over 70 percent of shareholders submitted affidavits, as distributed at today�s (6/30) meeting, opposing designation. He indicated that there was no outreach to BHC shareholders before the HPB took action, contrary to the mandate of the County Code. Mr. Kasdin noted most residents were elderly, on fixed incomes and their hardship was completely ignored and not given proper consideration.

Mr. Kasdin pointed out that the Town of Bay Harbor Islands (BHI) passed a resolution supporting the foregoing appeal, noting a copy of the Town�s resolution was also distributed at today�s (6/30) meeting. He said BHI specifically requested that the County Commission overturned the historic designation. Mr. Kasdin presented a petition signed by 300 BHI residents opposing BHC�s historical designation.

Mr. Kasdin explained that the co-op was built in 1958 by BHC Inc.; that the County initiated the consideration of a historic designation in 2010; that the request was withdrawn due to residents� opposition in 2011; and that BHC owners entered into a contract to sell the property in 2013 and 2014 with 86 percent of owners voting for the sale. He pointed out that the designation proceedings commenced in February 2015 without any notice to residents and the County Commission�s actions were based on an invalid petition filed by a non-owner of the property, noting only an owner could do so. Mr. Kasdin said that staff submitted its designation report on moratoriums in March 2015; that the property was designated as historical in April 2015, despite the opposition of property owners, the majority of its residents, and a clear and unrefuted demonstration of economic hardship.

Mr. Kasdin pointed out that an appeal was subsequently filed, noting a lack of due process was provided to residents and owners with no public notice of the February 2015 County Commission meeting where the designation proceedings began. He indicated that the BHC item was not on the meeting agenda and no public comment was allowed regarding the invalid petition filed without notice with residents not given the opportunity to speak. Mr. Kasdin explained that the designation was based on an invalid petition, noting Section 16A10 of the County Code, which provided that a property owner may petition the Board�s designation of their property. He said an owner was someone entitled, noting property title was owned by BHC, a co-op. Mr. Kasdin stated three minority shareholders filed the petition, noting the petition was not proper and should have never been accepted or considered. He explained that co-op shareholders owned a share in the corporation that owned the property and residents received a leasehold interest in the unit they occupied; therefore, the only owner is the co-op itself. Mr. Kasdin noted there was no legal title to the units in any of the residents; therefore, the shareholders could not initiate a petition. He indicated that the proceedings were afforded no process; that the meetings were held in favor of designation; and that pro-designation speakers received more time to speak than residents who objected.

Mr. Kasdin noted substantial deficiencies existed in the building, with major upgrades needed to comply with the safety code, including the rising of the first floor to base-flood elevation, should there be significant renovations. He noted the cost of renovations would be $8 million.

Mr. Brad Rinzler, 201 Alhambra Circle, Coral Gables, noted he was a licensed contractor and Senior Project Manager with Odebrecht USA Construction with thirty years project and construction management experience. He summarized the findings of a BHC Site Inspection dated April 8, 2015; reviewed the Structural Recertification Report dated May 22, 2015; and the ERF Construction Group report estimating the cost to rehabilitate the building. Mr. Rinzler noted several issues which were not considered on any of those reports, and addressed the following concerns: 1) serious structural cracks, face breaches, and delamination of soil settlement on the seawall�s concrete cap, which were consistent with a report received from the Town of Bay Harbor Islands; 2) signs of deterioration, cracks, spalling and corrosion of internal reinforcement on the 57-year old reinforced concrete building structure; 3) blisters and bubbles observed in the roof membrane at various locations, which were expected to continue as the blisters deteriorate further; 4) ground floor flooded during storms and high tides, with rising water from concrete flooring cracks; and 5) cracks in the decorative concrete balcony protection railing, which did not appear to meet the current building code; and 6) serious deficiencies in the plumbing and electrical systems. Mr. Rinzler reported that the estimated cost to rehabilitate the property, based on these findings would be an additional $1.5 to $2 million added to the original estimate.

Mr. Kasden stated that the total cost would be $8 million inclusive of Mr. Rinzler�s estimate with a $200,000 per-unit cost.

Mr. Anthony Graziano, State of Florida Certified General Real Estate Appraiser, Integra Realty Resources, 2600 Douglass Road, Coral Gables, stated an analysis of the property was conducted. He explained that the property was a 1.13 acre site located at the northern tip of Bay Harbor Island and comprised of 35 units (25 � 1 bedroom units, 750 square feet each and 10 � 2 bedroom units, 1,000 square feet each). Mr. Graziano pointed out that the restrictions imposed by the HPB would preclude redevelopment of the property. He reasoned that if the current value of the property was greater than the redeveloped value and preservation was rejected, then the property value remained as is. Mr. Graziano spoke of similar unit sales over the last two years ranging from $160 to $285 per square foot, estimating the value of BHC units at $275 per square foot, making one bedroom units worth $210,000 and two bedroom units worth $275,000. He noted two sales within the building, one in 2012 for $215,000 and another in 2013 for $200,000; and that the estimates were forward-looking based upon the improving real estate market. He concluded that the combined unit value was currently $7.9 million, taking into account the age of the property, but not the $8 million in deferred maintenance costs disclosed today (6/30).

Mr. Graziano pointed out there was a current offer to redevelop the land at $16.5 million and the decision to oppose preservation represented a $8.6 million hardship. He said that Transfer Development Rights sales equated to approximately $150,000 which was far less than needed to cure deferred maintenance issues and not enough to accommodate the $8.6 million loss. Mr. Graziano concluded that there was a severe economic hardship that would impose a 10 -15 percent short term impact on value. He concluded that there was a 50 percent reduction to the current opportunity cost associated with the property.

Mr. Kasden noted this was a single building located in a residential neighborhood that can only be used as an apartment building. He said there was a $8.6 million economic impact to unit owners who were elderly and some on limited income. Mr. Kasden stated that owners did not have the funds to adequately maintain the building.

Mr. Michael Hartman, 1135 103 Street, Unit A2, Bay Harbor Islands, Bay Harbor Continental Vice President, representing BHC Inc., said that 86% of shareholders voted for the sale, noting it was a good deal for residents, many whom were on fixed incomes. He indicated that the residents could not afford to remain in the buildings because of the amount of work needed to be done, and the associated costs. He said the BHC historic designation needed to be overruled.

Mr. Kasden reported that residents who support the historic designation also claimed they were experiencing economic hardships, which should not be considered by the Board, noting the economic hardship, as referred to in the County�s Code was based upon the hardship of the government action, i.e. the designation of the property. Mr. Kasden noted a hardship was created either by the designation of the property prohibiting demolition or by the denial of a Certificate of Appropriateness allowing demolition. He said those who supported the designation did not have proper standing to allege hardship. Mr. Kasden pointed out that P3 incurred approximately $2.1 million in costs, and that the designation would impose an economic hardship as they entered into a contract to purchase the property prior to the designation process.

Mr. Robert Chisholm, Chairman, RE Chisholm Architects, Inc., 4921 SW 74 Court, Miami, presented his opinion relating to BHC�s architectural and historic significance. He pointed out that the detailing of the building was rather common and unoriginal in nature; that there were no significant historic architectural or other historical contributions; and that the building was a very weak example of the reigning years of Miami Modernist architecture (MiMo). Mr. Chisholm said BHC by definition and example was not a strongly original design and if anything, it reinforced the incoming minimalist movement in the 1970s.

Mr. Kasden indicated that the preservation value of the building was not great; however, there were other values to consider. He noted the desire of the Bay Harbor Island community, the creation of jobs, the introduction of a new design, as well as the human and economic hardships experienced by the vast majority of residents/owners of BHC, all needed to be considered. Mr. Kasden said it was not inconceivable to reverse the HPB�s decision when looking at the minimal preservation value versus human value and cost to preserve the building. He noted the County had never designated an individual property as historic against the will of the owners, with the exception of the Seashore Villas in Surfside.

Ms. Nicole Nelson, Esq., Attorney at Law, 1900 N. Bayshore Drive, Miami, representing BHC unit owners opposed to the appeal, appeared in favor of the BHC�s historic designation. She indicated that Mr. Kasden represented that there was a majority of owners interested in selling the building and opposed to the historic designation; however, she did not see any document to confirm the contention that 86 percent of owners were opposed. Ms. Nelson noted 37 percent of owners supported the designation and 62 percent of full time residents wanted to stay in their homes and preserve the building.

Ms. Nelson pointed out that the $8.6 million economic impact presented by Mr. Kasden was based upon a cursory inspection performed by a contractor without historic building or multi-family home experience. She said the building just received its 40-year recertification for structural soundness and electrical safety, noting $400,000 was spent to maintain the building over the last couple of years. Ms. Nelson indicated that Mr. Kasden and his team manipulated the maintenance costs to appear larger than they actually were and that those residents were being strong-armed out of the building to make way for a larger development.

Ms. Nelson said that the building was sufficiently maintained; that the elevator shaft and concrete repairs were completed; and that only cosmetic and interior repairs remained. Ms. Nelson noted Mr. Kasden was contending that either the building was responsible for interior decoration, or that the residents would be required to simultaneously redecorate and renovate their own homes. She stated that owners could not afford to pay additional maintenance costs, noting the $100 monthly assessments. She referred to the estimates from the real estate appraiser, and she pointed out that only one unit was used in the foreclosure data and that there were no sales in the building over the last few years. Ms. Nelson pointed out that every unit had an open view to Biscayne Bay and residents did not want to sell. She said other units in the neighborhood sold between $300 and $600 per square foot, and that the manipulation of the numbers and false information was unfair to residents who wanted to remain in their homes.

Ms. Nelson stated that it was a violation of the minimum standards for an ordinance to exempt an otherwise historic property from historic regulation or designation just on the basis that the owner did not consent. She said the County Commission already ruled that owner consent was not a deciding or relevant factor in designating a building as historic. She indicated the HPB were experts, they knew what was historic, and designated the property properly. She said that the hardship to P3 was completely irrelevant to the residents� economic hardship; that P3 conducted its due diligence; that this was the risk they took as potential investors; and that they were not owners, shareholders or residents. Ms. Nelson noted pursuant to the Historic Preservation Code (Section 16A4-(14)) and the Florida Cooperative Act (Statute 719.10326), the residents/shareholders and anyone on the Miami-Dade County tax roll were property owners. She pointed out that co-op owners were property owners and had a right to petition for their building to be designated as historic. She stated that it was three unit owners who petitioned for the building to be designated as historic; one was the Board�s president and another a co-op board member, whom were long-time owners that wanted to continue living in their homes and appreciated the historic value of their building.

Ms. Nelson said the HPB accepted the owners� petitions at the February meeting. She noted both sides were heard at the meeting in which the HPB overwhelmingly decided that the building would be designated as historic. She pointed out that the legislative intent of the Historic Preservation Code was to protect and enhance properties with historical, cultural and architectural merit, noting the property exhibited a unique value. Ms. Nelson noted people were tired of handing over things of value to people with deep pockets so that those pockets could get deeper. She said all fifty states decided that they needed to have historic preservation; noting buildings needed to be protected and people stopped from providing false information about historic designation and the decrease in value. Ms. Nelson indicated that historic designation would increase property and cultural values, as well as preserve our heritage and history.

Mr. Carlos De La Torre, 1135 103 Street, G1, Bay Harbor, noted he was an original petitioner for historic designation and subject to a P3 lawsuit. He noted copies of the PowerPoint presentation and letters from resident/owners who supported historic designation and wanted to remain in the building had been distributed. Mr. De La Torre described the definition of a property owner according to Section 16 A-4 of the County Code, noting all petitioners were reflected on the County tax roll as required by ordinance and undue economic hardship would place an onerous and excessive financial burden upon the owner that would amount to the taking of the owners property without just compensation. He said the original contract sales price was $16.5 million; however the sales proceeds after expenses was $8.189 million with the average unit owner receiving approximately $247,000, which he expressed was below market value. Mr. De La Torre said there were no guarantees that the Internal Revenue Service would consider tax mitigation. He pointed out that most owners wanting to sell did not live at BHC as their fulltime residence; that thirteen fulltime residents lived at BHC; that eight residents (62%) wanted to stay at BHC; and that five residents (38%) wanted to sell. Mr. De La Torre noted it was a hardship to move people that were sick that wanted to remain in their homes.

Mr. Kasden objected to the hardship testimony from someone opposing the appeal, noting hardship was a result of the government action which was the designation and had its own basis.

Assistant County Attorney Dennis Kerbel explained that the Section 16A12 addressed hardship from strict enforcement of the application of the ordinance to the property which would mean the designation. He said it appeared Mr. Kasden�s argument was that if the property was not designated, then the action of the ordinance would not create a hardship on the property.

Commissioner Jordan inquired whether the hardship could be considered in the event the property was designated.

Assistant County Attorney Kerbel responded that it could be considered but it would not be strictly the economic hardship consideration as set forth in the ordinance. He said there were specific requirements for making the argument that, notwithstanding the historic value of the property, there was an economic hardship to the owners if the ordinance applied to them and the property was designated. Assistant County Attorney Kerbel noted that hardship to a resident, by not making a designation, was more of an equitable argument weighing in favor of maintaining the criteria as to historic value of the property. He concluded that the ordinance, when it addressed hardship and the unique feature of hardship, was about whether designating the property as historic would place a hardship on the owners.

Commissioner Moss inquired whether Mr. Kasden�s objection was valid.

Ms. Nelson stated she did not believe there was a valid objection in a quasi-judicial setting.

Assistant County Attorney Kerbel asked that Mr. Kasden to reframe his objection.

Mr. Kasden explained that only BHC property owners whose property was being designated historic could raise the argument and establish hardship and that the petitioner should not be able to introduce testimony as to hardship.

Ms. Nelson commented that she was refuting the arguments of owners who were opposed to historic designation.

Mr. Kasden noted Mr. De La Torre was trying to establish there was hardship on the part of the minority of individuals who supported historic designation and that there was not a financial hardship.

Commissioner Suarez suggested that the testimony continue and that the County Attorney would advise as to what aspects of the testimony should be ignored, rather than to argue a procedural issue.

Assistant County Attorney Kerbel concurred with Commissioner Suarez.

Mr. De La Torre said that the 64 percent of full time residents who lived in the building and wanted to stay were the ones who were going to be displaced. He proceeded to explain that the cost to maintain the building in its current and enhanced level of service over the next ten years was nowhere near the proposed $8 million. Mr. De La Torre indicated there was a $123,000 carryover in 2015 which would not be needed until 2017 for building maintenance, noting as an alternative, a 20 year loan could be issued that was paid over the life of the asset, and increasing payments by $20 monthly. He said that $252,000 would be needed in 2020 which could be acquired through another loan costing $106 monthly. Mr. De La Torre commented that the infrastructure could be maintained and replaced over a ten year period and the excessive cost associated with the flooding issues on the first floor would not be necessary. He described a decrease in maintenance cost over the next ten years.

Mr. De La Torre concluded there was a significant economic impact to shareholders if forced to sell, noting residents would receive below market values. He said that displacing residents to make way for more affluent populations was a case of gentrification; that there was no reason an owner could not sell their property and receive more than what was being offered by the developer.

In response to Mr. Kasden�s request to cross examine Mr. De La Torre, Assistant County Attorney Kerbel advised the Board to allow the objectors to present their case first, and that the opportunity to cross examine would be at the discretion of the Chair.

Mr. Kasden noted the right to cross examine was not discretionary in a quasi-judicial proceeding.

Assistant County Attorney Kerbel clarified that Mr. Kasden had the right to cross examine but the timing of that cross examination was discretionary.

Ms. Teri D�Amico, 9101 East Bay Harbor Drive, Bay Harbor resident, noted the BHC was known for its beautiful decorative masonry concrete block panels with color glass blocks, reflecting in the hallways and creating a Brise Soliels shading device. She pointed out that she created the term MiMo seventeen years ago and that BHC was designated as Bay Harbor Island�s first historic building in 2015. Ms. D�Amico noted the breathtaking views of Biscayne Bay from the BHC and its large private balconies. She described the RM3 Zoning District; noting the buildings represented shared open space, creating broad views and tropical modern gardens style apartments. Ms. D�Amico noted the developer was planning on building a massive building surrounded by substantially smaller structures. She mentioned that a historical study was conducted by Bay Harbor Islands in 2006 which concluded that economic benefits were needed to promote historic designation and community pride. Ms. D�Amico pointed out that BHC was often used in articles and publications as an expample of MiMo architecture. She indicated that approximately 300 petitions were received from residents� opposed to developers changing the zoning and to stop the demolition of historic MiMo buildings. Ms. D�Amico noted Bay Harbor�s East Island was reported by Cable News Network (CNN) as among Americas 11 Most Endangered Historic Places, using a photo of the BHC in that report. She also noted the National Trust for Historic Preservation indicated BHC's architecture was worthy of historic designation. Ms. D'Amico questioned the hardship since historic designation did not require unit owners to renovate. She pointed out that variances were given to historic properties in relation to the Federal Emergency Management Agency�s (FEMA) fifty percent rule and that Transfer Development Rights (TDR) was available to compensate for the loss of property rights for historic property.

Ms. Laura Lavernia, Director, Dade Heritage Trust, 190 SE 12 Terrace, Miami, reported that only eleven properties over 50 years old were nominated annually for the National Trust for Historic Preservation�s 11 Most Endangered list, noting BHC from Bay Harbor Islands was selected out of thousands of properties. She clarified that historic designation did not mean that property owners could not make changes to the interior of their properties; that property values were not necessarily lowered by historic preservation; that following a sale, the new property owner could apply for federal rehabilitation tax credits; and that ad valorem tax incentives were also offered by city and county governments. Ms. Lavernia pointed out that the 40 year recertification was needed regardless of the designation and that the sea wall repairs would be necessary without consideration of the building on the property.

Mr. William Lane, Architect, 1480 Marseille Drive, Miami Beach, reported the costs in the renovation report were very bogus, noting figures presented by the contractor were based on a one-day walk-through and on a rough estimate. He said there was no evidence of lead-contaminated paint. Mr. Lane noted he believed that residents were being taken advantage of and that the fair market value was greater than portrayed. Hesaid each building in Bay Harbor Island contributed to the overall architecture of the neighborhood. Mr. Lane indicated that the character of the neighborhood would be lost if a building was torn down and recreated by adding effects. He said young professionals wanting to live in Miami were looking for unique and original properties.

Ms. Nelson pointed out that BHC�s historic designation had massive support throughout the community with 300 names already submitted and with additional petitions submitted today (6/30). She expressed concern that information given to the community was being manipulated; convincing residents facing financial hardship that selling the building was their only option. Ms. Nelson said that undue influence and duress was illegal and people should be held accountable for the information being disseminated and held to a standard of responsibility for that information. She noted the truth about historical designation needed to be portrayed and people sufficiently informed. Ms. Nelson said BHC was the first building in Bay Harbor Islands to be designated historic and should be kept alive for future generations.

Mr. Kasden proceeded to cross examine Mr. De La Torre. He presented a petition entitled �Opposition to Historic Designation� filed in 2010 which stated: �we the owners of the building and the land of BHC are adamantly opposed to historic designation of our property� and inquired whether he signed that petition to which Mr. De La Torre said that he did. Mr. Kasden introduced a tape recording of Mr. De La Torre into the record from August 2014 where Mr. De La Torre stated that he was opposed to historic designation; that people�s lives would be impacted; that the building would require a lot of future upkeep; and that unless there would be grants coming from the city to maintain this historical designation, he did not see why residents would have to carry the burden. Mr. Kasden noted Mr. De La Torre opposed the sale and wanted a special deal for himself.

Mr. De La Torre responded that he needed to support the sale, to talk bad about designation, and did not try to obtain a special deal. In response to Mr. Kasden�s question as to why Mr. De La Torre changed his mind from originally opposing designation, Mr. De La Torre noted he took into consideration whether the building was worthy of saving.

Mr. Kasden noted Mr. De La Torre attended a February 18 hearing which was initiated as a result of his petition, a March 18 preliminary direction to issue the designation report, as well as April 15, May 20, and June 17 hearings, all held during normal working hours.

In response to Mr. Kasden�s inquiry about Mr. De La Torre�s employment, Mr. De La Torre reported that he was the Budget and Planning Manager for Miami-Dade Transit.

Ms. Nelson objected to Mr. Kasden�s statement that Mr. De La Torre was supposed to obtain permission to take time off during the work day, noting this was a personal attack.

Assistant County Attorney Kerbel stated the current questioning was getting into areas not related to historic preservation. He said that although council was entitled to cross examination, they were not entitled to the full type of cross examination allowed in a jury trial.

Mr. Kasden said his questions related to Mr. De La Torre�s credibility.

Ms. Nelson stated that questioning was outside the scope of the items being discussed.

Assistant County Attorney Kerbel clarified that Acting Chair Jordan could decide how to proceed.

Acting Chair Jordan asked Mr. Kasden to limit his questions to the issue rather than the person.

Mr. Kasden stated he had no further questions for Mr. De La Torre.

Mr. Stanley Price, Town of Bay Harbor Island (BHI) Special Council, Bilzen Sumberg, 1450 Brickell Avenue, Suite 2300, Miami, indicated he was joined by BHI Mayor Jordan Leonard and Manager Ronald Wasson in support of the appeal filed by BHC, the property owner. He mentioned he was the principal author of the County�s Historic Preservation Ordinance which was in existence for the past 35 years. Mr. Price pointed out that at the time of the ordinance�s adoption, the issue whether it would apply countywide or permit local governments to make individual regulations was considered with a compromise that the County would establish minimum criteria for municipalities to adopt and to either opt in or out of the ordinance. The ordinance was later amended to allow larger municipalities to create their own ordinance or to have their own historic preservation ordinance, said Mr. Price. He said BHI decided not to create their own historic preservation board in 1980; however, noted the State of Florida amended the Local Government Planning Act in the late 1980�s, requiring municipalities to have historic designation and historic preservation as part of the housing element. Mr. Price said that BHI adopted this State amendment into its comprehensive plan and designated several properties as historic. He noted local governments became responsible in the late 1980�s for issuing all development orders that affected the use of a property and that in the early 1990�s the 40 year certification became part of the County�s building code.

Mr. Price said that BHI later tried to change the ordinance permitting local government to maintain the minimum criteria contained in the County Code by letting municipalities adopt it later. He indicated the locally effected municipality had the sole budgeting responsibility for that community, to determine whether the infrastructure needed repair or replacement, and how to pay for those replacements. Mr. Price said pursuant to State Statute Chapter 163, only local governments that had jurisdiction within their boundaries could issue a development ordinance affecting real property. He noted a non-elected Historic Preservation Board, with no BHI representation on that Board, was now making economic decisions for BHI and other jurisdictions.

Mr. Price said the Bert J. Harris Act permitted property owners who were unduly burdened by an act of government, to seek remuneration from the government that caused the act, noting it made no difference whether the government action was a valid police power. He indicated that there were consequences for that ruling, noting BHI had no control over the designation of properties that could cause possible economic problems for the community. Mr. Price noted BHI, by charter, limited the maximum building height to 75 feet. He concluded that the appellant made ample argument on denial of due process and that any fair reading of the transcript was not a fair hearing.

Mr. Kasden refuted Mr. Nelson's testimony regarding owner support opposing the designation, referring to an Exhibit from Mr. Robert Kolbert, President, BHC. He noted affidavits and statements were presented from 70 percent of shareholders that they opposed historic designation. He asked BHC residents, owners and shareholders, in today�s (6/30) meeting audience who opposed the designation to stand.

Mr. Kasden referred to BHC�s entering into a contract to sell the property in April 2014; and spoke regarding Mr. De La Torre�s remarks before the BHI Council opposing the historic designation. Mr. Kasden indicated Florida Statute 719.103 (12), spoke to the form of ownership of a cooperative, noting Mr. De La Torre and the other two petitioners who sought to designate the property were not owners of title, but had a beneficial interest as corporation shareholders. He reported that BHC never obtained the engineers report associated with the 40 year certification process; therefore, that report should not be considered because it was acquired by someone without authority.

Mr. Kasden asked Mr. Graziano to opine on Mr. De La Torre�s statement regarding owners selling thier units individually versus collectively during the sale of the building.

In response to Ms. Nelson�s objection to hearing from Mr. Graziano again, Assistant County Attorney Kerbel indicated the Chair had the discretion to let him speak and that there could be rebuttal witnesses.

Mr. Graziano noted Mr. De La Torre�s testimony was misleading by an attorney who offered evidence to this quasi-judicial board. He indicated it was mentioned that Bay Harbor Island sales were between $300 and $600 per square foot; however, a recent closing in a newly constructed building revealed a sale price of $355 per square foot. Mr. Graziano noted 60 units listed for sale between $300 and $340 per square foot and almost 60 closings averaging $275 per square foot in the last year. He explained that his earlier testimony regarding the property�s market value, noting Mr. De La Torre took the $16.5 million purchase price and deducted capital gains taxes, commissions, lawyer�s fees and closing costs which would be required on any sale.

Ms. Nelson asked to make a statement to which Assistant County Attorney Kerbel advised that typically only the appellant had the right of rebuttal; and Acting Chair Jordan announced that she would proceed with public comments, limited to one minute each.

Mayor Jordan Leonard, Town of Bay Harbor Islands (BHI), 9665 Bay Harbor Terrace, Bay Harbor, 1239 7th Street, Bay Harbor (personal address), noted BHI passed a resolution supporting the appellant with a 5-2 vote. He pointed out that County staff applied for the National Historic Trust�s 11 Most Endangered Sites designation without any due process or public notification. Mr. Leonard said BHI worked with County staff regarding designating properties; however, noted the process started with BHC after the County placed a moratorium on the building in 2010 and subsequently decided not to designate historic. He indicated that the property owners independently decided to sell the building; that they received multiple offers; and they decided to proceed with the project. Mr. Leonard said owners entered into a legally binding contract and at the last minute someone decided to make the building historic. He mentioned the HPB needed more transparency, noting at least four percent of properties on East Island were being demolished out of fear of what the County may or may not do. Mr. Leonard noted that even though the County was not proceeding with an actual designation of East Island, one month after the County designated BHC as historic, the staff recommended that it could be demolished.

Mr. Charles Wallace, 9300 W. Bay Harbor Drive, Bay Harbor Islands, (not a BHC resident), appeared before the Board and spoke against historic designation.

Ms. Ileene Wallace, 9300 W. Bay Harbor Drive, Bay Harbor Islands, (not a BHC resident), former Bay Harbor Islands Mayor, spoke against historic designation. She noted many residents objected to the HPB, an autonomous power, dictating how they chose to live in their homes. Ms. Wallace stated that upholding the denial would remove the constitutional right of ownership in choosing how to live. She said the Town Manager was the appropriate person to help guide residents through the historic preservation process. Ms. Wallace noted the HPB should be redesigned and the appeal reversed.

Ms. Janice Silver, 10140 W Bay Harbor Drive, #201, Bay Harbor Islands (not a BHC resident), spoke against historic designation.

Mr. J Bruce Ehrenhaft, 3601 Toledo Street, Coral Gables, representing the Dade Heritage Trust (DHT), 190 SE 12 Terrace, Miami, (not a BHC resident), noted the BHC met multiple criteria for designation under the County�s Historic Preservation ordinance. He said it would set a bad precedent for the Commission to reverse a historic designation approved by the HPB. Mr. Ehrenhaft stated the DHT strongly urged the Commission to deny the appeal and sustain the HPB designation.

Mr. Maurice Kirksey, 1135 103 Street, #5F, Bay Harbor Islands, (BHC resident), spoke against historic designation.

Mr. Frank Griffith, 1135 103 Street, #D3, Bay Harbor Islands, (representing Francis Griffith, a BHC resident), spoke against historic designation.

Mr. Morris Broad, 1030 Hardee Road, Coral Gables, (not a BHC resident), noted his father, Sheppard Broad purchased 250 acres of swamp in 1945 and subsequently developed Bay Harbor Islands and served as its first Mayor.

Ms. Lisa Mann, 1135 103 Street, #G3, Bay Harbor Islands, (BHC resident), noted she was one of the petitioners that originally brought forth the claim for the buildings historic designation. She stated she did not agree to sell the building; however, the main issue was whether the building was historic and should stay historic.

Mr. Albert Nehmad, 1805 215 Street, Bayside, New York, (representing his parents who are BHC residents), spoke in support of historic designation and against the appeal.

Mr. Solomon Nehmad, 1135 103 Street, #D1, Bay Harbor Islands, (BHC resident), spoke in support of historic designation.

Ms. Jennifer Schmieder, 1135 103 Street, #G1, Bay Harbor Islands (BHC resident), spoke in support of historic designation.

Ms. Florence Nehmad, 1135 103 Street, #D1, Bay Harbor Islands, (BHC resident), spoke in support of historic designation.

Ms. Clara Reed, 1135 103 Street, #C3, Bay Harbor Islands, (BHC resident), spoke in support of historic designation.

Ms. Leonor Kirksey, 1135 103 Street, #F5, Bay Harbor Islands, (BHC resident), spoke in support of historic designation.

Mr. Daniel Ciraldo, 1051 Michigan Avenue, #3, Miami Beach, (not a BHC resident), noted a letter was sent to BHC residents by an unknown entity which was full of false statements. He said BHC was a landmark, which met the criteria for designation, and needed to be saved.

Ms. Matti Bower, 1442 Jefferson Avenue, Miami Beach, (not a BHC resident), acknowledged the Commission for upholding the ordinance, noting the positive benefits to Miami Beach. She spoke in favor of historic designation.

Ms. Mary Peters, 1135 103 Street, #G2, Bay Harbor Islands, (BHC resident), noted she was opposed to the historic designation, and wanted to sell her home.

Ms. June Lantz, 1135 103 Street, #B1, Bay Harbor Islands, (BHC resident), noted she wanted to sell her home and was opposed to the historical designation.

Ms. Kathleen Clark Weinstein, 1135 103 Street, A4, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Elaine Zadeira, 3513 NE 169 Street, # F101, Miami, (not a BHC resident), appeared on behalf of Ms. Sofia Zadeika, 1135 103 Street, #E1, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Lourdes Gonzalez, 10301 E. Bay Harbor Drive, #10 & #11, Bay Harbor Islands, (not a BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Martha Boggiano, 10301 E. Bay Harbor Drive, #6, Bay Harbor Islands, (not ta BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Lillian Lee Hart, 1135 103 Street, #C2, Bay Harbor Islands, (BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Ms. Gervaise Racine, 1135 103 Street, C5, Bay Harbor Islands, (BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Ms. Becky McIver, 1135 103 Street, #F4, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation. She indicated Mr. De La Torre asked her to support BHC's historic designation for the sole purpose of stopping the building's sale. Mr. McIver said Mr. De La Torre's request was based upon the information about tax implications, noting he said he would do anything he could to crash the deal.

Mr. Jeffrey Koster, 1135 103 Street, #F1, Bay Harbor Islands, (BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Mr. David Gozlan, 1135 103 Street, #B2, Bay Harbor Islands, (BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation, noting Mr. De La Torre betrayed the residents once he became the Board President.

Mr. Franklin Harney, 10271 East Bay Harbor Drive, Bay Harbor Islands, (not a BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Ms. Moyri Baez, 10301 E. Bay Harbor Drive, Bay Harbor Islands, (not a BHC resident) was called to speak but did not approach the podium to do so. She did however; state from her seat in the Commission Chambers that she was opposed to the historic designation.

Mr. Richard Schmaeling, 1135 103 Street, #E5, Bay Harbor Islands ,(BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation. He indicated that he also owned a property management company which provided management services to BHC. He noted the building required a lot of work due to essential repairs that were ignored or partially completed due to financial restraints.

Mr. Lance Ehren, 10301 E. Bay Harbor Drive, #5, Bay Harbor Islands, (not a BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Mr. Leo Schattlack, 1135 103 Street, #G4, Bay Harbor Islands, (BHC resident), spoke in support of the BHC�s sale and in opposition to the historical designation.

Mr. Bill Zucker, 1135 103 Street, #B4, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Gladys Sharshon, 1135 103 Street, #G4, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Margie Rossin, 1135 103 Street, #B5, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Mr. David Gross, 1135 103 Street, #B5, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Nydia Sarrain, 1135 103 Street, #D4, Bay Harbor Islands, (BHC resident), spoke in support of BHC�s sale and in opposition to the historical designation.

Ms. Nina Korman, 1700 NE 105 Street, Miami Shores, (not a BHC resident), noted she was a journalist, historic preservation activist and author of the article entitled Bay Harbor Islands: From Swampy Marsh to Island Oasis that was presented earlier. She urged the Board to uphold BHC�s historic designation.

Mr. William Prevatel, 80 Park Avenue, New York, NY, (not a BHC resident), questioned the economic hardship of residents when they could freely sell their properties at any time at fair market value.

Ms. Christinea LaBuzetta, 301 Ocean Drive, #304, Miami Beach, (not a BHC resident), noted she was a location manager for photo shoots and film productions. She said that historic preservation resulted in increased property values and that those areas became special places where people wanted to live. Ms. LaBuzetta asked the Board to uphold BHC�s historic designation.

There being no other persons wishing to appear before the Board, Acting Chair Jordan closed the public hearing.

Chairman Monestime resumed the Chair.

Commissioner Heyman agreed with the previous speakers about the significance of historic preservation and local accountability of historic preservation boards. She noted concern regarding representation, notice, lack of respect, lack of responsible negotiations with the Town of Bay Harbor Islands and its constituents. Commissioner Heyman pointed out there was a public meeting but local public officials were not included nor allowed to testify.

Commissioner Heyman noted BHC�s withdrawal of historic designation in 2011 under the County�s Historic Preservation jurisdiction, resulted in contractual agreement and expectation that the property would not later be designated and options for its use changed. She said there was such mistrust of Bay Harbor�s HPB. Commissioner Heyman stated she was aware of neighbors bullying one another and noted the need for all parties to civilly engage in an open dialogue with the goal to save the building, and not make rushed decisions based upon fear of the unknown or underrepresented.

Commissioner Heyman pointed out she had numerous complaints that were forwarded to the Inspector General and that the HPB was supposed to make a decision based upon the original County Ordinance, sponsored by former County Commissioner Ruth Shack over twenty years ago. She said that the HPB needed neutrality; that she was disappointed in limited testimony; and acknowledged Ms. Kathleen Kauffman, Chief, HPB, and her staff for their efforts to increase transparency above what was required by the ordinance.

It was moved by Commissioner Heyman that the Board grant Bay Harbor Continental's (BHC) appeal. This motion was seconded by Commissioner Edmonson.

Assistant County Attorney Kerbel clarified that the motion was to approve the appeal and reverse the decision of the Historic Preservation Board to designate the property as historic.

Commissioner Levine Cava questioned the legal implication of not adhering to the sales contract inasmuch as the sale was approved by BHC residents and the designation was approved after the vote to sell.

Assistant County Attorney Kerbel advised that the sales contract was a private agreement between seller and buyer and therefore was not relevant to the discussion. He indicated that nothing in the ordinance prohibited or prevented the sale of BHC from going forward. Assistant County Attorney Kerbel reported that criteria existed as to whether a building merited historic designation and whether to consider the economic hardship provisions of the ordinance.

In response to Commissioner Moss� inquiry, Ms. Kathleen Kauffman, Chief, HPB, reported that BHC was not designated historic when considered in 2010 and 2011 because of opposition from BHI and BHC residents. She indicated that the Board decided to withdraw the application for designation, noting the building was not in danger of demolition. Ms. Kauffman said it was not the intent of never bringing the application back again, noting the request was being presented because three of the owners petitioned the Board.

Commissioner Moss clarified that the HPB decided not to take the issue up because of the public outcry.

Ms. Kauffman noted the decision was made based on the need to further educate the owners or wait until it was a better time to readdress the issue.

Ms. Kauffman responded to a series of questions raised by Commissioner Jordan, clarifying that HPB staff brought forward the request for withdrawal after being approached by BHI community members in 2009 and 2010 who were concerned about the potential loss of significant buildings at that time. She noted applications were presented on two of the most important buildings on the north end of the island that were designed by Mr. Charles McKirahan as the result of an East Islands survey; that the HPB initiated historic preservation; and that the HPB tried to find designations that would not be controversial or adversarial.

Commissioner Jordan noted, and Ms. Kauffman confirmed, that the HPB decision to withdrew the previous applications for BHC's historic designation was based upon the community�s division and staff�s recommendation.

Ms. Kauffman said that staff recommended that the applications be withdrawn because there was opposition from the BHI, people in those buildings, and the desire to conduct more outreach to residents to build consensus since the buildings were not in danger of being demolished at that time.

Commissioner Jordan questioned whether or not the owners knew of the tax responsibility prior to signing the sales contract.

Mr. Kasden stated that the property was under contract for sale; that there was a tax consequence on the sale; and that the tax consequence would be the same regardless of whether units were sold individually or to someone else. He said BHC hired a tax advisor who developed a tax strategy to minimize taxes. Mr. Kasden stated that owners were aware of the tax responsibility, noting an adjustment was made on the timing of the sale.

Ms. Nelson pointed out that there was no prohibition on selling the property if the shareholders all agreed. She said the shareholders were not informed about the conditions of the sale and the tax consequences were never in writing.

Commissioner Jordan stated she believed that residents could have changed their mind because they did not have all of the information.

Mr. Kasden clarified the BHC had legal representation on the sale, the contract, and tax issues.

Mr. Nelson spoke regarding the significant amount of miss-information about the historic designation process.

Commissioner Barreiro asked the County Attorney to comment on the issue of individuals owning shares of a cooperative and not a unit.

Assistant County Attorney Kerbel, in response to Commissioner Barreiro request, stated that cooperatives were different than condominiums. He said the ordinance did not have a definition of owners or a required percentage of owners necessary for a multi-unit building. Assistant County Attorney Kerbel noted owner designated property was defined with reference to who was on the tax roll, pursuant to the ordinance. He said the HPB interpreted the ordinance as the owner with an interest in the property could file a historic preservation petition. Assistant County Attorney Kerbel noted the Board could develop a contrary interpretation to require a vote of the majority of property owners. He reported there was evidence in the record before the HPB that the petitioners were on the tax rolls as owners of the real property. Assistant County Attorney Kerbel said the Board could choose to decide whether the corporation needed to be the petitioner or interpret the ordinance to apply to someone with a property interest.

Commissioner Barreiro said the Board needed to consider how it interpreted cooperatives in all issues coming before them in an effort to be consistent.

Commissioner Diaz concurred with Commissioners Barreiro and Heyman, noting the need for a holistic approach in designating property as historic. He inquired whether BHC was currently designated as historic, and if so, when it was designated as such

Assistant County Attorney Kerbel responded that BHC was designated historic by the HPB after BHC entered into a contract for sale of the building.

Commissioner Diaz concurred with Commissioner Levine Cava's earlier comments, noting he believed in people�s property rights and would support Commissioner Heyman�s decision to grant BHC's appeal.

Chairman Monestime requested clarification as to the different interpretations as to who represented a cooperative owner and who was qualified to enter into a contract.

In response to Chairman Monestime�s inquiries, Assistant County Attorney Kerbel stated that the ordinance addressed petitions by owner or petitions by the HPB. He reported that a cooperative was a corporate body; therefore, the corporation would enter into the agreement or however it was designated in the building�s corporate records. Assistant County Attorney Kerbel indicated that the contract was binding upon the corporation, assuming it was a legally valid agreement. He stated any recourse, should a majority of cooperative members (the corporation) decide to cancel the contract would depend on the corporation bi-laws as to the determination of a legally binding agreement.

Chairman Monestime inquired whether Administration confirmed that 86 percent of owners approved the property sale and whether the historic designation was proffered after the contract was executed.

Ms. Kauffman reported that BHC had the 86 percent ownership consent at the time they entered into the original agreement, noting that while she did not have confirmation, the vote had subsequently changed. She said the original closing on the sale was scheduled for was September 2014, but was delayed as a result of the tax issue. Ms. Kauffman indicated that BHC petitioned the Board in February 2015, and that BHC would not have been able to apply for historic preservation had the closing occurred in September 2014.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The Board by motion duly made, seconded and carried, approved the foregoing appeal, and reversed the decision of the Historic Preservation Board.
 
6A CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS  
6B POLICY MATTERS FOR DISCUSSION BY THE BOARD  
7 ORDINANCES SET FOR SECOND READING  
7A  
  150589 Ordinance     Sally A. Heyman
Daniella Levine Cava
Audrey M. Edmonson
Barbara J. Jordan
Jean Monestime
       
  ORDINANCE RELATED TO CIVIL PENALTIES FOR CERTAIN MISDEMEANOR VIOLATIONS; AMENDING SECTIONS 21-81, 8CC-5.1 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR CIVIL PENALTIES FOR THE COMMISSION OF CERTAIN MISDEMEANORS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 11A10] Amended
  REPORT: Note: See Agenda Item No. 7A Amended, Legislative File No. 151584, for the amended version.  
  3/20/2015 Requires Municipal Notification by the Board of County Commissioners  
  4/21/2015 Adopted on first reading by the Board of County Commissioners  
  4/21/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  4/24/2015 Municipalities notified of public hearing by the Board of County Commissioners  
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
7A AMENDED  
  151584 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Daniella Levine Cava
Audrey M. Edmonson
Barbara J. Jordan
Jean Monestime
       
  ORDINANCE RELATED TO CIVIL PENALTIES FOR CERTAIN MISDEMEANOR VIOLATIONS; AMENDING SECTIONS 21-81, 8CC-5.1 AND 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR CIVIL PENALTIES FOR THE COMMISSION OF CERTAIN MISDEMEANORS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 150589) (SEE FILE NO. 151576) Adopted as amended
Ordinance 15-47
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 10 - 3
No: Sosa , Souto , Bovo, Jr.
  REPORT: The following members of the public appeared before the Board and spoke regarding the foregoing proposed ordinance:

Judge Samuel Slom, Administrative Judge, Criminal Division, 1351 NW 12 Street, #513, Miami, spoke in support of the use of civil citations for certain misdemeanor cases. He said that the filing of a criminal charge for possession of marijuana could have an adverse impact on one�s employment status, education, loans and housing. Judge Slom pointed out that the foregoing proposed ordinance would not decriminalize or legalize marijuana, but gave police officers an option to either issue a civil citation or a criminal charge. He said it offered a compromise approach, noting officers currently had the option to either ignore the offense or charge someone criminally. Judge Slom commented on taxpayer cost reductions associated with this proposal police officers not being taken off routine patrol; by not transporting arrested individuals to jail; by not attending motions, depositions, and trials; by not providing corrections and rehabilitation services; by not giving medical, mental health and dental care; as well as the expense to support the public defender�s office, the prosecutor�s office, and the court system. He concluded that a better use of our resources existed; noting police officers should have the discretion to use civil citations.

Hallandale Beach Commissioner Keith London, 400 S. Federal Highway, Hallandale, appeared in support of the foregoing proposed ordinance. He said this matter was an economic issue, noting the impact a blemish would have on someone�s public record. Commissioner London noted the foregoing proposal was supported by the State Attorney�s Office, the Hallandale Beach Chief of Police, and would provide police officers with the discretion whether or not to make an arrest.

Mr. Guy David Robinson, Chief Assistant, Miami-Dade Public Defender�s Office, representing Miami-Dade Public Defender Carlos J. Martinez, noted his support for the foregoing proposed ordinance. He pointed out that civil citations was a good first step toward making the court system fairer and more just, as well as replacing outdated practices that cost taxpayers too much money. Mr. Robinson said civil citations would reduce police costs and increase the number of officers available to patrol, respond to serious crimes, and develop community relationships. He said civil citations would eliminate $130 per-day to incarcerate and provide medical services to an inmate. Mr. Robinson pointed out that civil citations would provide the same treatment for the same transgression countywide.

Reverend Dr. Anthony Reed, Martin Memorial African Methodist Episcopal Church, 14740 Lincoln Boulevard, Richmond Heights, appeared on behalf of Florida Representative Kionne McGhee and residents of the community south of Flagler Street. He spoke regarding racism that was still alive in the community, and in support of civil citations.

Mr. B.J. Chiszar, 2060 NE 194 Terrace, Miami, spoke in support of civil citations, noting it was time for the criminalization of the American people to end, and it should begin in Miami-Dade County. He said this matter was an economic, efficiency, cost saving, and a freedom issue, and one that would give law enforcement an option to no longer ruin people�s lives.

Mr. Edward Shohat, 800 Brickell Avenue, Miami, Vice Chair, Miami-Dade County Community Relations Board (CRB), joined by Vicky Smith Jackson, Co-Chair, CRB Criminal Justice and Law Enforcement Committee, appeared in support of the foregoing proposed ordinance. He indicated the CRB was concerned about the relationship between community residents and law enforcement, noting law enforcement treated the poorer African American immigrant community differently than they did other communities. Mr. Shohat said that fewer interactions with law enforcement officers, along with non-criminal prosecution for small amount of marijuana, would help reduce community tensions.

Mr. Andrew Lease, 4501 Lake Road, Miami, spoke in support of the foregoing proposed ordinance, noting residents deserved the right of personal choice.

Mr. Walter Clark, noted that as a retired officer, his address was exempt from public record. He spoke in support of civil citations, noting marijuana arrests were discriminatory toward African Americans.

County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

Chairman Monestime commended Commissioner Heyman for her efforts on the foregoing proposed legislation, noting it was a model that could be replicated throughout the Country.

Commissioner Heyman pointed out that other large cities and states adopted civil citation alternatives based upon the County�s success in 2010 and juvenile citations in 2002. She explained that civil citations would not legalize or decriminalize any offense; would not allow the use of marijuana; and would apply only to non-violent misdemeanor possession charges. Commissioner Heyman said that an arrest impacted an individual�s military options, job applications, licenses, scholarships, school admissions, and access to affordable housing with government funding. She indicated that at least 90 percent of the 7 designated offenses consisted of people that were booked and then released.

Commissioner Heyman stated that police resources could be put to better use, rather toward locking up individuals for non-violent misdemeanors and place them in controlled custodial environment with problematic violent offenders. She noted a commitment from the Miami-Dade Criminal Justice Council, the Public Safety Coordinating Council, and other stakeholders to reinvest money toward prevention, diversion and health needs. Commissioner Heyman said this alternative added an additional level of discretion for police officers, and that civil citations would be monitored with a report provided to the County Commission within six months.

Chairman Monestime and Commissioner Jordan asked to be listed as co-sponsors of the foregoing proposed ordinance.

In response to Commissioner Diaz� request, Miami-Dade Police Department Director J.D. Patterson, Jr., reported that the ordinance provided another option relating to civil citations, which would not take away a police officer�s ability to arrest an individual if determined appropriate.

Commissioner Diaz expressed concern that there were no established limitations for repeat offenders. He commented that a $100 fine was not sufficient to cover police officer manpower and proceeded to question the procedures that would be used for confiscated substances.

Commissioner Heyman responded that the issuance of civil citations would be up to the police officer�s discretion.

Director Patterson commented that marijuana confiscated would be impounded and maintained as evidence. He said the process of impounding evidence would remain as it was currently. Director Patterson noted the only difference would be the issuance of a civil citation, similar to a ticket, which would be processed through the courts.

Commissioner Diaz indicated that he did not see counseling or an educational component attached to the proposed legislation. He questioned the consequences for repeat offenders and not paying civil citations.

Director Patterson reported that the police officers had the discretion to arrest repeat offenders and that citation/arrest information would be maintained in a database.

Commissioner Diaz noted concern that information contained in the database was a public record which could impact arrested individuals in the future, thus defeating the program's intent.

Commissioner Sosa noted the need to place a cap on the number of citations one individual could receive; to implement an assessment and educational component; to define consequences for not paying fines; to identify clear objectives and implementation criteria that would treat everyone equally; and to establish specific parameters based on repeated offenses.

Commissioner Jordan commended Commissioner Heyman for her efforts to establish countywide civil citations. She noted the State Attorney already had a civil citation program for adults; that the University of Miami participated in the adult civil citation program; and that today�s (6/30) proposal was taking this concept countywide for adults with minor offenses.

In response to Commissioner Jordan�s inquiry, County Attorney Cuevas confirmed that the proposal was part of the diversion program.

Commissioner Jordan stated that most young adults may not have the $100 to pay the civil citation, and that the diversion program would allow them an alternative by performing community service. She noted civil citations would prevent individuals from being fingerprinted and becoming part of the criminal justice system. Commissioner Jordan indicated that over 44,000 people were arrested and charged with possession of a small amount of marijuana in the last five years; and that only 2 percent of those cases were closed between 2010 and 2014. She said the foregoing proposal would provide the opportunity to divert possession of marijuana from being a serious crime and relieve the criminal justice system. Commissioner Jordan noted fingerprints were associated with an arrest and the proposed program provided another opportunity where individuals would not be impacted in obtaining employment, college admission, and a meaningful career.

Commissioner Heyman, in response to Commission Zapata�s inquiry, responded that the consequences of not paying the fine was community service as an alternative, and that options were presented on the back of the civil citation ticket issued.

Director Patterson reported that failure to comply with the fine could result in additional criminal charges being filed.

Commissioner Bovo stated it was currently illegal to smoke marijuana in Miami-Dade County; that laws were established as a deterrent; that an individual could accumulate numerous citations; and that there was nothing to deter someone from repeat offenses. He noted the number of civil citations needed to be clearly addressed in the ordinance language along with counseling requirements.

Director Patterson stated he had the ability to make a policy statement about the number of civil citations allowed to be issued to a single individual. He further stated that the ordinance did not address smoking marijuana in public although it was illegal. Director Paterson said he made it clear that he expected police officers to arrest individuals if smoking marijuana in public.

Chairman Monestime clarified that the ordinance addressed the issue of possession only, and not smoking marijuana in public.

Commissioner Bovo expressed concern that the proposed legislation would add another burden for police officers in that it opened the door for profiling and that it make it harder for parents to do their jobs.

In response to Commissioner Souto�s question, Director Patterson reported that marijuana was a Schedule 1 drug pursuant to Federal law along with cocaine, morphine, oxycodone and heroin.

Commissioner Souto expressed concern that Miami-Dade County would be saying that federal law was wrong should the foregoing proposal be approved. He stated that the County did not set Federal law; and that he did not see the logic behind establishing civil citations for marijuana possession.

Commissioner Suarez noted that civil penalties were not preempted by either Federal or State law, and State preemption allowed municipalities to have lesser offenses. He addressed Commissioner Bovo�s concern that there was a difference between possession and consumption, noting public use was a greater offense and not included in this legislation. Commissioner Suarez said that an educational component was necessary.

Chairman Monestime stated there was a dysfunctional situation with only two convictions out of 245 arrests.

Commissioner Levine Cava pointed out that Miami-Dade County was not the first body in the United States to adopt similar legislation and that precedent existed. She noted the impact needed to be unbiased and not adversely impacting one group over another.

Commissioner Edmonson pointed out that administration needed to establish specific rules and policies once the proposed legislation was adopted, including the diversion program and other criteria. She said that this was a start; that the Commission could always propose future changes; and that she was proud to support the foregoing proposed legislation.

Commissioner Heyman clarified that there were 29,377 people arrested under Citation 2 in seven months with only 35 going to court. She pointed out that all seven events covered in the proposed legislation would remain crimes under Florida statute. Commissioner Heyman noted that the Miami-Dade Police Department collaborated on the proposed process from the beginning, asking for flexibility for their officers upon implementation. She said that the diversion component needed to be worked out with the courts and would become separate legislation once developed.

Mayor Gimenez stated that County Administration supported the proposed legislation and police officers had the discretion as to the treatment of individuals caught smoking marijuana. He said that marijuana would still be illegal and there would be a limit imposed as to the number of citations an individual could receive. Mayor Gimenez noted the proposed legislation was common sense, reducing the time spent by officers on arrests and removing the stigma associated with an arrest record.

Commissioner Sosa asked Commissioner Heyman to except a friendly amendment to provide for a 12-month report of the program�s implementation results. She also asked that individuals be required to pay the citation fee after the second citation.

Commissioner Heyman supported Commissioner Sosa�s amendment for a report; however, suggested that the implementation report be provided within 6 months, rather than 12 months. She indicated that the Miami-Dade Criminal Justice Council established the citation fees to avoid throwing people in jail, and indicated she would not accept Commissioner Sosa�s amendment to penalties.

In response to Commissioner Sosa�s question about provisions for failure to pay penalties, Commissioner Heyman noted the option of either community service or a diversion program at a cost. She stated that the number of allowable civil citations would be determined later.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as amended, to provide the Board with a 6-month report detailing the program�s implementation results.

Later in the meeting Mr. Angus Murray appeared before the Board to speak, and was advised by Chairman Monestime that the foregoing proposed ordinance was already considered.

Note: See Agenda Item 11A10 AMENDED, Legislative File No. 151576 for the companion item.
 
7B  
  151465 Ordinance     Audrey M. Edmonson
Esteban L. Bovo, Jr.
Daniella Levine Cava
Barbara J. Jordan
Dennis C. Moss
Rebeca Sosa
Xavier L. Suarez
       
  ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; CREATING SECTION 2-8.1.1.1.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CREATE A GOODS-ONLY PROGRAM BASED UPON CERTIFICATION TIERS, PROVIDE DEFINITIONS AND PROGRAM CRITERIA, REQUIRE ONE YEAR DOING BUSINESS IN MIAMI-DADE COUNTY PRIOR TO CERTIFICATION, REQUIRE QUARTERLY REPORTING OF CONTRACTS TO CERTIFIED FIRMS BY PUBLIC HEALTH TRUST, ALLOW APPLICATION FOR RECERTIFICATION AFTER SUBMITTAL OF REQUIRED DOCUMENTS, AND CONTRIBUTION TO ECONOMIC DEVELOPMENT AND WELL-BEING OF MIAMI-DADE COUNTY; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 150786] Deferred to No Date Certain
Ordinance
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: Former State Representative Renier Diaz de la Portilla appeared before the Board and spoke in opposition to the foregoing proposed ordinance, noting the micro business enterprise exception, which existed in the County ordinance, was being deleted. He said this deletion would adversely affect 951 small businesses that would not be able to compete for contracts under $100,000 or less. Representative Diaz de la Portilla suggested the Item be amended to include the micro business enterprise language.

Commissioner Bovo noted revised language to address this issue would be presented at the appropriate time.

Ms. Sara Ribero, 2461 NW 23 Street, Miami, noted she represented her father�s company and the 955 other firms that would lose the micro business enterprise exemption. She said that micro firms with less than fifteen employees had a ten percent bid preference over the larger small business enterprises for bids under $100,000, and that taking away the micro business designation would now require them to compete with larger firms.

Mr. Kamau Fulger, representing Water Boy Water, Inc., dba Water King, 20060 NW 13 Court, Miami Gardens, noted he had a small business but the County was not providing enough incentives so that local businesses could put money back in the community.

First Assistant County Attorney Abigail Price Williams read the foregoing proposed ordinance into the record.

It was moved by Commissioner Edmonson that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Jordan.

Assistant County Attorney David Hope read Commissioner Bovo�s proposed amendment to provide that in Section 1, the terms Tier 1 and Tier 2 be renamed Micro Tier 1 and Micro Tier 2, respectively, on handwritten pages 8, 10, 11 and 12.

Commissioner Bovo indicated that the foregoing amendment would put back the Micro Business definition, noting the removal impacted approximately 900 businesses that would now qualify as a micro business.

Commissioner Edmonson pointed out that no businesses were being removed.

Mr. Gary Hartfield, Director, Small Business Development (SBD) Division, explained that micro firms would be included in Micro Tier 1 (less than $750,000) and Micro Tier 2 ($750,000 - $2 million) and would receive the same benefits as they currently received. He noted the term of the amendment had already been included in the proposed legislation.

Commissioner Bovo questioned the rationale for the proposed change, noting small businesses currently had the opportunity to do business with the County.

Commissioner Edmonson explained that the SBD programs had not been updated in ten years and the proposed changes were being made to address mistakes identified by staff.

Mr. Hartfield said the proposed change allowed for all Small Business Enterprises (SBE), regardless of the contract value, to receive the ten percent bid preference. He noted over 600 firms currently grossed less than $650,000 and did not have the capacity to compete against larger firms for contracts. Mr. Hartfield said that there were 181 SBE certified firms that were not given the ten percent preference for contracts under $100,000, and this proposal would allow those firms to compete against larger firms.

Commissioner Bovo inquired whether the intent was to eliminate the micro businesses so the SBE�s had an advantage.

Mr. Hartfield further explained that the 75 percent of the current micro firms that grossed under $750,000 represented 671 out of 800 firms. He said the firms did not have the capacity to compete with firms grossing up to $10 million on the same contracts. Mr. Hartfield reiterated that there were 181 firms grossing between $2 million and $5 million, representing the top level of the program that had the capacity to compete with firms grossing between $5 million and $20 million. He indicated the foregoing proposal would allow more set-asides and more contracts awarded to small businesses.

Commissioner Edmonson said the larger firms grossing up to $5 million already received the ten percent bid preference.

Commissioner Bovo noted concern that micro firms received business because they worked harder and questioned whether anything was being taken away from existing micro businesses by revamping the program.

Mr. Hartfield responded that the changes were not made to allow any particular firm to receive an advantage. He said only one firm complained about the proposed changes and that firm was now considered a micro business based upon the number of employees, although the firm grossed $7.8 million and received a ten percent bid preference. Mr. Hartfield explained that it was not fair that a firm with 31 employees and grossing $1.6 million was not getting the ten percent bid preference because they had over 15 employees over the required amount, and yet a firm with 8 employees grossing $16.6 million, received the bid preference. He said that the number of employees should not be a used to determine a micro designation for bid preference, rather using the three-year average growth revenue provided additional opportunities for firms to compete on open market contracts. Mr. Hartfield indicated that the Micro Tier 1 firms would receive a ten percent bid preference, the Micro Tier 2 firms would receive a five percent preference and Tier 3 firms would not receive any preference on set asides. He said all firms needed a ten percent preference when competing against larger national firms, noting they did not receive any preference now.

Commissioner Suarez stated it made sense to have two tiers; however, he did not understand the matrix submitted by SBD at the Economic Prosperity Committee meeting. He noted committee discussion about increasing set asides from two percent to four percent of all contracts. Commissioner Suarez said he did not understand how more small businesses would be able to participate. He noted it was unfair to the company that did well under the program who gave the County a better price and met the established criteria.

Mr. Hartfield responded that the matrix depicted results over a five year period and that a single commodity was reviewed because only a handful of micro SBE firms had the capacity based on the number of employees but not gross revenue to compete on open market contracts less than $100,000. He said the firm did not provide the lowest price but the ten percent bid preference made it appear they received the lower price.

Commissioner Jordan stated the firm that won the bid had fewer employees than the firm that lost the bid. She said a company that remained small with under 15 employees received the ten percent bid preference, noting there was no motivation to grow the employee base since they would lose the bid preference. Commissioner Jordan indicated that the same companies repeatedly won bids because they limited the number of employees. She said the small firms with less than 15 employees would always win over larger firms with more employees that did not receive the bid preference and could not offer a discount.

Commissioner Suarez pointed out that successful firms were being punished.

Commissioner Bovo asked Commissioner Edmonson to consider a Sunshine meeting to ensure he and his colleagues fully understood the item. He indicated that he did not want to punish firms who were efficient in their operations.

Commissioner Edmonson stated there were numerous complaints that a single company was getting everything. She explained the intention was to make sure all small businesses were treated fairly and to help them to become successful. Commissioner Edmonson agreed to defer the item and convene a Sunshine meeting. She noted a company able to employ big time lobbyists should not be considered a small business. Commissioner Edmonson said that it was time to be fair and do the right thing; that there were too many small businesses; and that those businesses were not minority businesses.

Hearing no further questions or comments, the Board deferred the foregoing proposed ordinance.
 
  6/11/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Prosperity Committee  
7C  
  151462 Ordinance     Audrey M. Edmonson
Esteban L. Bovo, Jr.
Daniella Levine Cava
Jose "Pepe" Diaz
Barbara J. Jordan
Dennis C. Moss
Rebeca Sosa
Xavier L. Suarez
       
  ORDINANCE PERTAINING TO SMALL BUSINESS ENTERPRISE PROGRAM; AMENDING SECTION 2-8.1.1.1.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO DELETE THE GOODS PORTION OF THE PROGRAM IN ORDER TO CREATE A SERVICES-ONLY PROGRAM BASED UPON CERTIFICATION TIERS USING THREE YEAR AVERAGE GROSS REVENUES, PROVIDE VIRTUAL OFFICE DEFINITION, REQUIRE ONE YEAR DOING BUSINESS IN MIAMI-DADE COUNTY PRIOR TO CERTIFICATION, REQUIRE QUARTERLY REPORTING OF CONTRACTS TO CERTIFIED FIRMS BY PUBLIC HEALTH TRUST, ALLOW APPLICATION FOR RECERTIFICATION AFTER SUBMITTAL OF REQUIRED DOCUMENTS, AND CONTRIBUTION TO ECONOMIC DEVELOPMENT AND WELL-BEING OF MIAMI-DADE COUNTY; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 150784] Deferred to No Date Certain
Ordinance
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: Note: See Agenda Item No. 7B, Legislative File No. 151465 for additional discussion.  
  6/11/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Prosperity Committee  
7D  
  151440 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime
Juan C. Zapata
       
  ORDINANCE RELATED TO APPROVAL OF THE COUNTY BUDGET; AMENDING SECTION 2-1795 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO REVISE THE DUTIES OF THE COMMISSION AUDITOR AND THE ROLES AND TIMING OF COMMISSION COMMITTEES RELATED TO THE BUDGET; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM NO. 150990) Adopted
Ordinance 15-58
Mover: Jean Monestime
Seconder: Juan C. Zapata
Vote: 8 - 5
No: Jordan , Edmonson , Sosa , Moss , Souto
  REPORT: First Assistant County Attorney Abigail Price Williams read the foregoing proposed ordinance into the record.

Commissioner Jordan questioned the impact of the foregoing proposed ordinance would have on the Commission Auditor�s (CA) office staffing requirements; whether or not sufficient staffing was being provided; and whether or not there was sufficient time to complete the desired results.

Chairman Monestime indicated that he did not believe the intended goal would be achieved this year.

Commissioner Zapata noted staffing was discussed in the Strategic Planning and Government Operations Committee (SPGOC) meeting, noting he believed the CA had sufficient staffing. He said the intent was for the CA to measure the budget progress based on the Commission�s direction.

Commissioner Jordan said the County already had a strategic planning process; however, the Commission did not have a visioning process to establish criteria and provide direction as to what should be included in the County�s plan.

Commissioner Zapata noted the SPGOC recently conducted a meeting to discuss creating a visioning process. He said the Administration had a five-year strategic plan; however, the priorities set by the Commission should also be pursued by the Administration and performance outcomes measured. He said there was no mechanism in place and the Commission did not know the impact of the allocated resources. Commissioner Zapata noted these efforts would result in a more relevant budget process.

Commissioner Jordan noted the roles expected from the CA versus the Audit and Management Services Department (AMS) needed to be clearly defined in order to avoid duplicated efforts.

Commissioner Zapata responded he believed the CA would be responsible for performance issues and the AMS would deal with accounting functions.

Commissioner Edmonson expressed concern about continually revising the CA�s duties, noting the Commission never established a clear role and responsibilities for that department.

Chairman Monestime indicated that this legislation directed the CA to monitor the performance and achievement of established goals.

Commissioner Jordan stated the Commission should first establish a strategic plan. She said the Commission�s role was to develop policy and not to implement programs and services. Commissioner Jordan indicated that an Implementing Order was needed before developing the CA�s responsibilities.

Commissioner Edmonson reiterated that the Commission needed to determine the CA's role.

Chairman Monestime clarified that the proposed legislation would not begin until 2017, and specific objectives for the CA could be established before it became effective. He said the intention was to redirect the focus on the Board�s budget allocations and establish specific performance indicators that could be monitored.

Commissioner Sosa pointed out that the Commission needed to allocate more time to deal with the County�s budget. She expressed concern over the ballot language creating the Office of the CA, noting it was specific to a particular job and the CA�s role should not deviate from what was previously approved. Commissioner Sosa said this proposal was asking the CA to prepare a report with performance measures of the services provided by each department, office and division. She noted the County had a Strong Mayor form of government and the Commission could not place the CA in the position of evaluating departments that were not under the Commission�s jurisdiction. Commissioner Sosa said this proposal would fail if not done appropriately and would be difficult for the CA to accomplish. She noted that the Commission served as legislators and established the rules for Administration to follow. Commissioner Sosa said that creating a separate budget was a duplication of taxpayer funds and suggested the possibility of the entire budget process being the legislative body's responsibility.

Chairman Monestime clarified that the item was designed to reduce friction between the Office of Management and Budget and the CA. He said the CA was supposed to prepare a budget on behalf of the Commission but did not have the capacity or resources to do so. Chairman Monestime noted as an alternative, this legislation would allow the CA to focus on performance measures reported by government departments and increase the Commissions level of engagement by setting priorities before the annual budget. He said the CA would identify performance measures and determine which areas needed additional funding, were under-performing, and/or needed improvement.

Commissioner Levine Cava stated her concerns were satisfied at the SPGOC meeting when it was decided the CA would assist the Commission in monitoring its performance measures. She said that SPGOC Chairman Zapata was going to ask members of the Commission to review and update the key performance indicators in the Strategic Plan. Commissioner Levine Cava indicated the Commission should take a leadership role in creating a vision for the entire County, in addition to establishing policy. She said Commissioner Zapata invited the Knight Foundation and the Miami Foundation to participate in the County�s visioning process. Commissioner Levine Cava noted the CA role was an interim role providing an independent review until a larger vision and larger policy goals were established.

Commissioner Diaz discussed the need for more information; however, expressed concern about not receiving clear information from the Administration.

Commissioner Heyman noted a discrepancy in the implementation timeframe and requested clarification.

Chairman Monestime reported that it would not be appropriate to make the changes now because the Fiscal Year (FY) 2015-16 budget would be approved shortly; noting it more appropriate to implement the changes for the FY 2016-17 budget cycle. He indicated that having the CA measure performance would complement the budget information provided by the Mayor�s office.

Commissioner Heyman mentioned that this was a more realistic timeframe to accomplish the desired objectives.

Commissioner Sosa questioned the process by which the CA would effectively and objectively evaluate the services offered by each County department and whether the CA would need to grow to successfully accomplish this responsibility. Commissioner Sosa indicated the Mayor and other Administrative staff were full-time County employees who were paid to accomplish the tasks outlined in the foregoing proposal, noting she did not believe the Commission should assume unrealistic responsibilities.

Commissioner Edmonson expressed concern that the CA received its information from the Administration. She indicated that the CA had 19 employees, with only 6 employees having budget responsibilities, noting the Mayor had a significantly larger staff to accomplish this task.

Chairman Monestime stated the legislation did not ask the CA to prepare a budget, noting they did not have the capacity to do so. He said the proposal removed that requirement and requested they deal with performance issues.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.
 
  6/9/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Strategic Planning & Government Operations Cmte  
7E  
  151096 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime
Rebeca Sosa
       
  ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS; AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, REQUIRING INCLUSION OF ADDITIONAL INFORMATION IN STATEMENTS OF FISCAL IMPACT REQUIRED FOR ORDINANCES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted
Ordinance 15-59
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

Note: The foregoing proposed ordiance was adopted on July 1, 2015.
 
  5/19/2015 Adopted on first reading by the Board of County Commissioners  
  5/19/2015 Tentatively scheduled for a public hearing by the Board of County Commissioners  
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
7F  
  151448 Ordinance   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Juan C. Zapata        
  ORDINANCE RELATING TO SOLICITATION OR COLLECTION IN THE PUBLIC RIGHT-OF-WAY; CREATING SECTION 21-36.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, ENACTING PROHIBITIONS ON SOLICITATION OR COLLECTION AT DESIGNATED HIGH TRAFFIC OR HIGH ACCIDENT INTERSECTIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 151068] Adopted
Ordinance 15-60
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Note: The foregoing proposed ordinance was adopted on July 1, 2015.  
  6/10/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Metropolitan Services Committee  
8 DEPARTMENTAL ITEMS  
8A AVIATION DEPARTMENT  
8A1  
  151343 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND LANDMARK AVIATION MIAMI, LLC, FOR PREMISES AT MIAMI INTERNATIONAL AIRPORT, EXTENDING THE TERM OF THE LEASE BY FIVE YEARS AND PROVIDING FOR TENANT INVESTMENT OF $3,375,000.00; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ALL RIGHTS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO EXTENSION OR TERMINATION PROVISIONS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE A COPY OF THE AMENDMENT TO THE LEASE TO THE PROPERTY APPRAISER(Aviation Department) Adopted
Resolution R-557-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Trade and Tourism Committee  
8B (No items were submitted for this section.)  
8C CULTURAL AFFAIRS DEPARTMENT  
8C1  
  151141 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE FUNDING OF 18 GRANTS FOR A TOTAL OF $81,500.00 FROM THE DEPARTMENT OF CULTURAL AFFAIRS FISCAL YEAR 2014-2015 COMMUNITY GRANTS PROGRAM � FOURTH QUARTER FOR VARIOUS ENTITIES; WAIVING CERTAIN REQUIREMENTS OF RESOLUTION NO. R-130-06; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GRANT AGREEMENTS AND TO EXERCISE ALL PROVISIONS, INCLUDING THE CANCELLATION PROVISIONS, CONTAINED THEREIN(Department of Cultural Affairs) Adopted
Resolution R-558-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Mr. Allen Tapanes, 35646 SW 177 Court, appeared before the Board and asked for continued funding for the Greater Miami program.  
  6/11/2015 Forwarded to BCC by the Chairperson by the Economic Prosperity Committee  
8C2  
  151142 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION AUTHORIZING THE FUNDING OF A GRANT IN THE AMOUNT OF $75,000.00 FROM THE DEPARTMENT OF CULTURAL AFFAIRS FISCAL YEAR 2014-2015 TARGETED INITIATIVES GRANTS TO THE MUSEUM OF CONTEMPORARY ART, INC.; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE GRANT AGREEMENT AND TO EXERCISE ALL PROVISIONS, INCLUDING THE CANCELLATION PROVISIONS, CONTAINED THEREIN(Department of Cultural Affairs) Adopted
Resolution R-559-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8D FINANCE DEPARTMENT  
8D1  
  151215 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Strategic Planning & Government Operations Cmte        
  RESOLUTION APPROVING EXTENSION OF 2015 REAL AND PERSONAL PROPERTY TAX ROLLS AND ISSUANCE OF TAX BILLS PRIOR TO COMPLETION OF THE VALUE ADJUSTMENT BOARD HEARINGS(Finance Department) Adopted
Resolution R-560-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Mr. B.J. Chiszar, 2060 NE 194 Terrace, Miami, appeared before the Board and spoke regarding working middle class neighborhoods not receiving the same discount between market and appraised values, thus impacting the amount of revenue received by the County and the ability to lower the tax rate.  
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
8E (No items were submitted for this section.)  
8F INTERNAL SERVICES DEPARTMENT  
8F1  
  151085 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING AWARD OF LEASE AGREEMENT WITH OFF THE GRILLE II, CORP. WITH A POSITIVE FISCAL IMPACT TO THE COUNTY OF AT LEAST $1,562,309.00 FOR THE INITIAL TERM OF 10 YEARS AND ONE FIVE-YEAR RENEWAL TERM FOR THE DEVELOPMENT, OPERATION, AND MAINTENANCE OF A FOOD SERVICE FACILITY AT THE RICHARD E. GERSTEIN JUSTICE BUILDING; AND AUTHORIZING THE COUNTY MAYOR OR DESIGNEE TO EXECUTE SAME AND EXERCISE ALL RIGHTS CONTAINED IN THE LEASE AGREEMENT, INCLUDING RENEWAL AND EXTENSION OPTIONS; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO PROVIDE TO THE PROPERTY APPRAISER�S OFFICE, WITHIN 30 DAYS OF ITS EXECUTION, A COPY OF THE LEASE AGREEMENT(Internal Services) Adopted
Resolution R-561-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
8F2  
  151335 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan        
  RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE OF A LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CALIFORNIA CLUB MALL SHOPPING CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP, FOR PREMISES LOCATED AT 700 IVES DAIRY ROAD, MIAMI, FLORIDA, TO BE UTILIZED BY THE MIAMI-DADE PUBLIC LIBRARY SYSTEM FOR LIBRARY AND OFFICE SPACE, WITH A TOTAL FISCAL IMPACT TO THE MIAMI-DADE PUBLIC LIBRARY SYSTEM ESTIMATED TO BE $4,415,544.00 FOR THE INITIAL FIVE YEAR TERM OF THE LEASE AND THE TWO ADDITIONAL, FIVE YEAR RENEWAL OPTION PERIODS; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(Internal Services) Adopted
Resolution R-562-15
Mover: Rebeca Sosa
Seconder: Jean Monestime
Vote: 13 - 0
  REPORT: Commissioner Sosa asked Deputy Mayor Jack Osterholt and the Library Department Director to provide her with an explanation as to the excessive cost associated with the proposed lease agreement.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Unincorporated Municipal Service Area (UMSA) Cmte  
8F3  
  151033 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION APPROVING, PURSUANT TO SECTION 125.38, FLORIDA STATUTES, TERMS OF AMENDED AND RESTATED LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE SEED FOUNDATION, INC., A WASHINGTON D.C. NOT-FOR-PROFIT CORPORATION, FOR DEVELOPABLE LAND LOCATED AT THE KENDALL COMPLEX, 11025 SW 84 STREET, TO BE USED AS A COLLEGE PREPARATORY BOARDING SCHOOL FOR AT-RISK, LOW-INCOME BOYS AND GIRLS, WITH A TOTAL GROSS RENTAL REVENUE TO THE COUNTY ESTIMATED TO BE $4,200,068.00, FOR THE INITIAL 20 YEAR TERM OF THE LEASE AND THE TWO ADDITIONAL 34 YEAR RENEWAL OPTION PERIODS; AUTHORIZING THE COUNTY TO ACCEPT UP TO $20,000.00 FROM THE SEED FOUNDATION, INC. FOR THE RELOCATION OF THE ARC OF SOUTH FLORIDA; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO REDUCE A PORTION OF THE RENT PAYMENT IN EXCHANGE FOR PERFORMANCE OF CERTAIN RENOVATIONS, REPAIRS, IMPROVEMENTS AND/OR MAINTENANCE TASKS TO THE COUNTY�S ADJACENT PROPERTY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE LEASE AGREEMENT AND TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE AN EXECUTED COPY OF THE LEASE AGREEMENT TO THE PROPERTY APPRAISER�S OFFICE(Internal Services) Adopted
Resolution R-563-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
8F4  
  150352 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AWARD OF CONTRACT NO. FB-00002 TO NEW FLYER OF AMERICA, INC. FOR PURCHASE OF 60-FOOT ARTICULATED HYBRID BUSES IN THE TOTAL AMOUNT NOT TO EXCEED $71,387,000.00 FOR THE MIAMI-DADE TRANSIT DEPARTMENT; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ANY CANCELLATION, RENEWAL AND OTHER PROVISIONS CONTAINED THEREIN; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSES [SEE ORIGINAL ITEM UNDER FILE NO. 150010](Internal Services) Adopted
Resolution R-564-15
Mover: Jose "Pepe" Diaz
Seconder: Audrey M. Edmonson
Vote: 8 - 1
No: Barreiro
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: In connection with the foregoing proposed resolution, Commissioner Diaz suggested that Mayor Gimenez had the discretion to purchase the busses as needed, rather than all at one time.

Assistant County Attorney Bruce Libhaber clarified that Commissioner Diaz� request to purchase busses as needed was already included in the proposal.

Commissioner Diaz stated for the record that eleven busses for the I-836 Expressway Park and Ride were included in the proposal.

In response to Commissioner Zapata�s inquiry, Ms. Ysela Llort, Director, Miami-Dade Transit Department, reported that the funding source was the half penny surtax. She noted the project was also funded through State grants, Federal grants and a City match. Ms. Llort reported the surtax represented a 48.5 percent match of total costs. She stated that operational cost reductions would be applied to additional services or capital projects.

Commissioner Levine Cava noted busses were urgently needed in South Dade and letters of support were received from two mayors whose cities were most effected.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
  2/11/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit and Mobility Services Committee  
  3/3/2015 Deferred by the Board of County Commissioners  
  3/17/2015 Deferred by the Board of County Commissioners  
8F5  
  150829 Resolution      
  RESOLUTION APPROVING AWARD OF CONTRACT NO. FB-00151 FOR PURCHASE OF T-SHIRTS FOR VARIOUS COUNTY DEPARTMENTS IN A TOTAL AMOUNT NOT TO EXCEED $1,608,000.00; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO GIVE NOTICE OF THIS AWARD, ISSUE THE APPROPRIATE PURCHASE ORDER TO GIVE EFFECT TO SAME AND EXERCISE ALL PROVISIONS OF THE CONTRACT(Internal Services) Amended
  REPORT: Note: See Agenda Item No. 8F5 AMENDED, Legislative File No. 151667 for the amended version.  
  5/12/2015 Forwarded to BCC without a recommendation by the Strategic Planning & Government Operations Cmte  
  6/2/2015 Deferred by the Board of County Commissioners  
8F5 AMENDED  
  151667 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING AWARD OF CONTRACT NO. FB-00151 FOR PURCHASE OF T-SHIRTS FOR VARIOUS COUNTY DEPARTMENTS IN A TOTAL AMOUNT NOT TO EXCEED $1,058,000.00; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO GIVE NOTICE OF THIS AWARD, ISSUE THE APPROPRIATE PURCHASE ORDER TO GIVE EFFECT TO SAME AND EXERCISE ALL PROVISIONS OF THE CONTRACT [SEE ORIGINAL VERSION UNDER FILE NO. 150829](Internal Services) Adopted as amended
Resolution R-565-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: The foregoing proposed resolution was adopted as amended with changes to the Fiscal Impact/Funding Source Section on Handwritten Page 1.  
8F5 SUPPLEMENT  
  151544 Supplement      
  SUPPLEMENT TO RECOMMENDATION FOR APPROVAL TO AWARD: T-SHIRTS Presented
8F6  
  151101 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING ESTABLISHMENT OF PREQUALIFICATION POOL RTQ-00159 IN A TOTAL AMOUNT UP TO $7,975,000.00 FOR PURCHASE OF SODIUM POLYPHOSPHATE FOR THE WATER AND SEWER DEPARTMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SOLICIT PRICING, AWARD CONTRACTS, EXERCISE ALL PROVISIONS OF THE SOLICITATION DOCUMENTS AND ANY RESULTING CONTRACTS PURSUANT TO SECTION 2-8.1 OF THE COUNTY CODE AND IMPLEMENTING ORDER 3-38 AND ADD VENDORS TO THE POOL AT ANY TIME, SUBJECT TO RATIFICATION BY THE BOARD ON A BI-ANNUAL BASIS(Internal Services) Adopted
Resolution R-566-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8F7  
  151126 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING ADDITIONAL TIME OF SIX MONTHS AND ADDITIONAL EXPENDITURE AUTHORITY IN A TOTAL AMOUNT UP TO $600,000.00 FOR CONTRACT NO. C-1084(5) FOR PURCHASE OF MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, HARDWARE, RELATED SOFTWARE AND SERVICES FOR THE INFORMATION TECHNOLOGY DEPARTMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL PROVISIONS OF THE CONTRACT PURSUANT TO SECTION 2-8.1 OF THE COUNTY CODE AND IMPLEMENTING ORDER 3-38(Internal Services) Adopted
Resolution R-567-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
8F8  
  151192 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE OF A LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND NEW MIAMI WAREHOUSES, LLC FOR PREMISES LOCATED AT 8551 NW 64 STREET, MIAMI, FLORIDA TO BE UTILIZED BY VIZCAYA MUSEUM AND GARDENS AS STORAGE SPACE, WITH A TOTAL FISCAL IMPACT TO THE COUNTY ESTIMATED TO BE $108,463.05 FOR THE TWO-YEAR TERM OF THE LEASE AND THE ADDITIONAL ONE-YEAR RENEWAL OPTION PERIOD; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN(Internal Services) Adopted
Resolution R-524-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
8F9  
  151149 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE ADVERTISEMENT OF REQUEST FOR PROPOSALS, RFP-00031, FOR A CAR SHARING PROGRAM FOR MIAMI-DADE COUNTY; PRESERVING COUNTY MAYOR�S DELEGATED AUTHORITY UNDER SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, INCLUDING THE AUTHORITY TO ISSUE ADDENDA AS NECESSARY DURING ADVERTISEMENT PERIOD; AND PROVIDING NOTIFICATION TO THE COUNTY COMMISSION OF ADDENDA AT THE TIME OF AWARD(Internal Services) Adopted
Resolution R-568-15
Mover: Daniella Levine Cava
Seconder: Sally A. Heyman
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
8F10  
  151316 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING VARIOUS ACTIONS OF THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE RELATED TO CAPITAL IMPROVEMENT CONTRACTS SOME OF WHICH ARE FUNDED WITH BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FUNDS, AND AMERICAN RECOVERY AND REINVESTMENT ACT FUNDED CONTRACTS PURSUANT TO THE ECONOMIC STIMULUS ORDINANCE, SECTION 2-8.2.7 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA(Internal Services) Adopted
Resolution R-569-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
8G MANAGEMENT AND BUDGET DEPARTMENT  
8G1  
  151334 Resolution     Bruno A. Barreiro
Audrey M. Edmonson
Sally A. Heyman
       
  RESOLUTION APPROVING TERMS OF INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY FOR THE PROVISION OF FINANCIAL SUPPORT NOT TO EXCEED $13,900,000.00 FOR THE TRI-RAIL DOWNTOWN MIAMI LINK STATION IMPROVEMENTS AT THE MIAMI CENTRAL STATION; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE PROVISIONS CONTAINED THEREIN; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSE [SEE AGENDA ITEM NO. 10A1](Office of Management and Budget) Amended
  REPORT: Note: Please see Agenda Item No. 8G1 AMENDED, Legislative File No. 152176 for the amended version.  
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
8G1 AMENDED  
  152176 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Audrey M. Edmonson
Sally A. Heyman
       
  RESOLUTION APPROVING TERMS OF INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY FOR THE PROVISION OF FINANCIAL SUPPORT NOT TO EXCEED $13,900,000.00 FOR THE TRI-RAIL DOWNTOWN MIAMI LINK STATION IMPROVEMENTS AT THE MIAMI CENTRAL STATION; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE PROVISIONS CONTAINED THEIREIN; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSE [SEE ORIGINAL ITEM UNDER FILE NO. 151334](Office of Management and Budget) Adopted as amended
Resolution R-570-15
Mover: Bruno A. Barreiro
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: Palm Beach County Commissioner Steve Abrams, and South Florida Regional Transportation Authority (SFRTA) member, appeared before the Board in support of the foregoing proposed ordinance. He said he was a Tri Rail rider looking forward to travel directly from West Palm Beach to the Stephen P. Clark Government Center. Commissioner Abrams indicated that time was of the essence to incorporate Tri Rail into the All Aboard Florida Station plans. He mentioned that the SFRTA Board and its Chairman, Commissioner Barreiro, shared this vision, noting the adoption of this resolution was an instrumental step toward implementing that vision.

Assistant County Attorney Bruce Libhaber read the following amendments to the foregoing proposed resolution into the record: to provide that 1) renumber Section 6 APPROVALS, on Handwritten Page 14 of the Interlocal Agreement, to Section 6(A), and 2) to include the addition of a new Section 6(B) to read, ASSIGNMENT OF REIMBURSEMENT AGREEMENT, SRFTA may execute and deliver to an AAF affiliate or third-party lender such assignment of any and all rights in favor of SFRTA and such funds due to SFRTA under this Agreement as SRFTA may from time-to-time request while this Agreement remains in force and effect and upon written concurrence of the County which shall not be unreasonable withheld, conditioned or delayed..

Commissioner Zapata indicated his support of the foregoing proposed resolution; however questioned the funding mechanism, noting he would obtain that information later.

Commissioner Sosa noted her support for the proposed item, however, she expressed concern that the fiscal impact did not describe the funding source.

Ms. Jennifer Moon, Director, Office of Management and Budget, reported that the fiscal impact statement referred to funding from the County Charter Transportation Surtax Capital Expansion Fund in the amount of $13.9 million. She indicated $9.6 million would be transferred to the Capital Expansion Fund in Fiscal Year (FY) 2014-15 leaving a $65 million fund balance; $11.8 million would be expended in FY 2015-16 and another $2 million in FY 2016-17; and a $70 million remaining fund balance after all distributions.

Mayor Gimenez stated that the intended use of the People Transportation Plan (PTP) was for capital projects to expand transit services

Commissioner Levine Cava indicated she supported the foregoing proposal; however, she stressed the need to identify improvemnts for other transportation corridors. She said that although the coastal link potential was a unique opportunity, it did not solve the north, south, and east-west issues. Commissioner Levine Cava said some of the remaining funding in the PTP Capital Fund should be used to improve the South Dade Busway and the expansions prioritized by the Metropolitan Planning Organization.

Mayor Gimenez mentioned he was aware of the County�s transit needs. He said the foregoing proposed agreement provided the County with an inexpensive opportunity to obtain a northeast transit corridor serving approximately 1 million residents. Mayor Gimenez noted Administration was examining options to expand the County�s mass transit system and that additional information would be provided later in the summer.

Commissioner Jordan indicated that money spent for Tri-Rail was well spent; however, she expressed concern that the City of Miami was not contributing $5 million as originally promised, thus increasing the County�s contribution from $8 million to $13 million.

Mayor Gimenez stated he believed the City of Miami was not as committed as he would have liked; however, the foregoing proposed agreement was a one-time opportunity for a transportation corridor going through Miami-Dade County. He said the next step was for the City of Miami Community Revitalization Agency to be asked to contribute funding. Mayor Gimenez reported the new station would be the County�s Grand Central Station and not to have a Tri-Rail Station downtown would be a huge mistake, noting the cost advantage of building the station now rather than later.

Commissioner Bovo pointed out $13.9 million was still a bargain price for the project, noting the positive impact for residents living north of the downtown area. He suggested that additional enhancements be made to the Hialeah Tri-Rail Station.

Mr. Jack Stevens, Executive Director, South Florida Regional Transportation Authority, 800 NW 33 Street, Pompano Beach, appeared before the Board and noted he provided the County Commission with documentation detailing the funding commitments. He said that many potential partners were coming to the table wanting to be a part of the future public transit effort. Mr. Stevens noted he would be meeting with the Florida Secretary of Transportation to request assistance; that he was in the process of identifying additional resources; and that the financial goal was close to being met.

Commissioner Jordan asked Mr. Stevens, to provide her with a report listing project funding commitments, and whether those commitments were verbal or final.

Mr. Stevens indicated that the City of Miami was fully committed but could not discuss the extent of their commitment until after the County took action on the foregoing item.

Commissioner Moss agreed that this was a once in a lifetime opportunity of which the County needed to take advantage. He said making Tri-Rail more relevant to the Miami-Dade community was the right thing to do.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended, as read into the record by Assistant County Attorney Bruce Libhaber.

Note: See Agenda Item No. 10A1, Legislative File No. 151366 for additional discussion on this item.
 
8G2  
  150965 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE FISCAL YEAR 2014-15 CONTRACT IN THE AMOUNT OF $1,133,000.00 WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH EFFECTIVE RETROACTIVELY TO OCTOBER 1, 2014 FOR THE PURPOSE OF MEETING PUBLIC HEALTH NEEDS OF THE CITIZENS OF MIAMI-DADE COUNTY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ANY PROVISIONS CONTAINED THEREIN, AND TO EXECUTE FUTURE AGREEMENTS FOR, AND APPLY FOR, RECEIVE, AND EXPEND ADDITIONAL FUNDS FOR FISCAL YEAR 2014-15 SHOULD THEY BECOME AVAILABLE UNDER THIS PROGRAM FOR THIS PURPOSE(Office of Management and Budget) Adopted
Resolution R-571-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8H PARKS, RECREATION AND OPEN SPACES DEPARTMENT  
8H1  
  151150 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA TO CONTINUE THE IMPLEMENTATION OF PROJECT SEARCH; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT AND EXERCISE ALL PROVISIONS CONTAINED THEREIN(Parks, Recreation and Open Spaces) Adopted
Resolution R-572-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8H2  
  151346 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Sally A. Heyman
       
  RESOLUTION APPROVING THE AMENDED AND RESTATED AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE PARKS FOUNDATION OF MIAMI-DADE, INC. (''FOUNDATION''), A NOT-FOR-PROFIT CORPORATION, AND WAIVING REQUIREMENTS OF IMPLEMENTING ORDER 3-38 TO ALLOW COUNTY TO REIMBURSE THE FOUNDATION FOR RECREATIONAL PROGRAMMING AND MARKETING EXPENSES IN SUPPORT OF PARKS AND PARKS PROGRAMMING THROUGH THE FOUNDATION UP TO ANNUAL BUDGETED AMOUNTS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 150347](Parks, Recreation and Open Spaces) Adopted
Resolution R-573-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation as corrected by the Unincorporated Municipal Service Area (UMSA) Cmte  
8H3  
  151351 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Xavier L. Suarez        
  RESOLUTION APPROVING CONTRACT TERMINATION AND SETTLEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND AQUA MARINE PARTNERS, L.L.C., FOR A PAYMENT TO AQUA MARINE PARTNERS. L.L.C IN THE AMOUNT OF $114,700.00; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SUCH AGREEMENT AND TO EXERCISE ALL RIGHTS CONTAINED THEREIN(Parks, Recreation and Open Spaces) Adopted
Resolution R-574-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
8H4  
  151396 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION APPROVING SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND HAULOVER MARINA, LLC FOR THE DRY RACK BOAT STORAGE FACILITIES AT HAULOVER PARK MARINE CENTER IN HAULOVER PARK AND AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN(Parks, Recreation and Open Spaces) Adopted
Resolution R-575-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
8I (No items were submitted for this section.)  
8J PORT OF MIAMI DEPARTMENT  
8J1  
  151459 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION APPROVING AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE A PREFERENTIAL BERTHING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND VIRGIN CRUISES INTERMEDIATE LIMITED; DELEGATING AUTHORITY TO THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO APPROVE OR DENY ADDITIONAL VESSEL BERTHING REQUESTS, CRUISE TERMINAL IMPROVEMENT REQUESTS UP TO $1.5 MILLION, AND EARLY COMMENCEMENT REQUESTS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL CANCELLATION, TERMINATION, AND OTHER RIGHTS THEREIN(Port of Miami) Adopted
Resolution R-576-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Mr. Juan Kuryla, Director, Port of Miami (Port), advised the Board that the foregoing proposal represented a five year, $32 million agreement with Virgin Cruise Lines (Virgin), generating an additional $63 million net revenue to the Port. He proceeded to introduce Mr. Tom McAlpin, Virgin�s President and Chief Executive Officer.

Mr. McAlpin appeared before the Board and expressed his appreciation to the Commission for their support, noting Virgin was proud to call Miami home for its cruise ship and to become a partner with this County.

Hearing no further questions or comments, Board proceeded to vote on the foregoing proposed resolution, as presented.
 
8K PUBLIC HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT  
8K1  
  151331 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING TERMS AND CONDITIONS OF MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI; APPROVING TERMS AND CONDITIONS OF COMMUNITY SPACE LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES AND RESOLUTION NOS. R-287-89, R-891-02, R-296-99, AND R-753-13; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE (1) TO EXECUTE SUCH MEMORANDUM OF UNDERSTANDING AND COMMUNITY SPACE LEASE AGREEMENT FOR THE PURPOSE OF LEASING COMMUNITY SPACE LOCATED WITHIN THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT FOR USE BY THE CITY OF MIAMI POLICE DEPARTMENT AS A POLICE SUBSTATION, SUBJECT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT�S APPROVAL, IF NECESSARY, AND (2) TO EXERCISE AMENDMENT, RENEWAL AND TERMINATION CLAUSES CONTAINED THEREIN(Public Housing and Community Development) Adopted
Resolution R-577-15
Mover: Audrey M. Edmonson
Seconder: Barbara J. Jordan
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: In connection with the foregoing proposed Memorandum of Understanding, Commissioner Diaz inquired whether the County was paying for police services.

Mr. Michael Liu, Executive Director, Public Housing and Community Development Department, explained that the County was paying for renovations to the County facility at the Liberty Square Public Housing Development used as a City of Miami police sub-station. He said the County would be obligated to a one time capital expenditure of $70,000.

Chairman Monestime inquired whether the police portion could be bifurcated.

Mr. Liu indicated that the $70,000 was part of the explanation of costs; that it was already built into the approved budget; and that it did not require authorization.

In respond to Commissioner Diaz�s inquiry on whether or not the County was paying for police officers, Mr. Liu responded that the County was paying for additional police officers to enhance the City of Miami Police services. He reported that off-duty police officer services would be obtained.

Commissioner Diaz expressed concern about the County providing additional police services. He said that off-duty officers were paid higher rates and the expense for off-duty officers should be the City of Miami�s responsibility. Commissioner Diaz noted there was an existing ordinance relating to the use of County police on County property, expressing concern about paying for someone else�s police services.

Mr. Liu said that additional City of Miami or Miami-Dade County police officers would be welcomed. He said Housing and Urban Development funding that was part of the normal public housing assistance plan for operations and capital funds were available.

Chairman Monestime said the proposal specifically asked for City of Miami Police Officers, and stated that the County�s police resources should be considered first.

Mr. Liu pointed out that the Miami-Dade County Police Department charged approximately 25 percent more for the same services.

Commissioner Edmonson said that City of Miami Police Officers was being used because the site was within their jurisdiction and that County police services would cost more. She pointed out that the Liberty Square area was one of the County�s highest rated crime areas, and the foregoing proposal should not be delayed.

Commissioner Diaz said that the use of County police officers should be used for additional security needs.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8K2  
  151310 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman        
  RESOLUTION APPROVING THE EARLY RELEASE OF AFFORDABILITY PERIOD RELATED TO A COUNTY SURTAX LOAN TO MBCDC SCATTERED SITES APARTMENTS, LLC FOR KNIGHTSBRIDGE CONDOMINIUMS, SUBJECT TO SATISFACTION OF CERTAIN CONDITIONS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE A RELEASE OF THE RENTAL REGULATORY AGREEMENT�S RESTRICTIONS AND AFFORDABILITY PERIOD FOR KNIGHTSBRIDGE CONDOMINIUM ON BEHALF OF MIAMI-DADE COUNTY(Public Housing and Community Development) Adopted
Resolution R-578-15
Mover: Daniella Levine Cava
Seconder: Audrey M. Edmonson
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: It was moved by Commissioner Diaz that the foregoing proposed resolution be adopted. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 9-0 (Commissioners Bovo, Sosa, Souto and Suarez were absent).

It was subsequently moved by Commissioner Jordan that the motion on this resolution be reconsidered. This motion was seconded by Commissioner Monestime, and upon being put to a vote, passed by a vote of 9-0 (Commissioners Bovo, Sosa, Souto and Suarez were absent).

Commissioner Jordan expressed concern about removing the 30 year affordability period and limiting the availability for housing when the goal was to expand. She noted nine units were being taken at fair market value when the Property Appraiser�s website reported average market value of $94,000 each.

Mr. Michael Liu, Executive Director, Public Housing and Community Development Department, stated he concurred with Commissioner Jordan�s concern; however, Miami Beach Community Development Corporation (CDC) had undergone a difficult two year period with law enforcement investigations and forensic audits indicating poor management. Mr. Liu noted a total portfolio of approximately 400 units were in jeopardy of collapsing, of which included a $7.8 million investment by the County. He said the City of Miami Beach, along with the CDC and its board, took aggressive action to rehabilitate the organization and maintain capacity to manage their affordable housing stock. Mr. Liu said the nine units under consideration was a small portion of the portfolio but would provide the CDC with financial resources to continue managing the entire portfolio. He noted the County made a $400,000 loan on the nine units in 2004 of which it would receive $174,000 that equated to a 74 percent return. Mr. Liu pointed out that the $174,000 would be used to continue supporting affordable housing initiatives sustain operations and that a plan would be submitted to ensure that the County�s interests and affordability interests for the 340 remaining units would be maintained. He said that the County was in second position on its mortgages and would lose much control in the event the CDC filed bankruptcy. Mr. Liu stated that he would not support this proposal if it was just about nine units; however, a bigger picture involving hundreds of units was involved.

Commissioner Jordan said she was concerned that the units may be lost, despite the County�s efforts to help. She questioned how the nine units would save the CDC from bankruptcy and if there were any other alternative to keep the units affordable.

Mr. Liu responded that the County was not being asked to forgive the loan obligation and was to be reimbursed the $74,000 owed. He noted the estimated return on the ten percent fee charged on the sale of each unit offered the County comfort in that it would be getting resources back while giving the CDC short term assistance. Mr. Liu said the nine units represented approximately $1 million gross sales and the net proceeds from those sales would assist the CDC operations, and noted the County was closely monitoring the agency.

Commissioner Jordan stated she would not support losing nine affordable units on Miami Beach.

Commissioner Levine Cava noted there was no compensation for the loss of units; however, she was satisfied that Ms. Beatrice Barbario, Miami Beach CDC�s new Executive Director had the experience to turn this project around. She asked that Ms. Mary Cagle, Inspector General, conduct a forensic audit to evaluate the Miami Beach CDC�s Surtax loan given to the Scattered Sites Apartments, LLC for the Knightsbridge Condominium project�s by the CDC�s previous administration and to reclaim any losses if possible.

Commissioner Jordan noted she would support the proposal based on Commissioner Levine Cava�s request for a forensic audit from the Inspector General.

Mr. Liu commented that an audit was conducted by the City of Miami Beach which did not reveal any criminal allegations; however, that audit did report irregularities by prior management. He spoke of the ongoing investigation by the U.S. Department of Housing and Urban Development.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8K3  
  151394 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Economic Prosperity Committee        
  RESOLUTION APPROVING THE FY 2015 ACTION PLAN FUNDING RECOMMENDATIONS FOR $9,077,964.87 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, $2,342,405.25 OF HOME INVESTMENT PARTNERSHIPS (HOME) FUNDS, AND $960,995.00 OF EMERGENCY SOLUTIONS GRANT FUNDS; APPROVING SUBSTANTIAL AMENDMENTS TO THE FY 2013-2017 CONSOLIDATED PLAN; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO FILE WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U.S. HUD) MIAMI-DADE COUNTY�S FY 2015 ACTION PLAN AND SUBSTANTIAL AMENDMENTS TO THE FY 2013-2017 CONSOLIDATED PLAN AND TO MAKE AND FILE WITH U.S. HUD FUTURE NON-SUBSTANTIAL MODIFICATIONS TO THE FY 2015 ACTION PLAN AND THE FY 2013-2017 CONSOLIDATED PLAN; APPROVING VOLUNTARY GRANT REDUCTIONS OF THE COUNTY�S ENTITLEMENT ALLOCATIONS FROM U.S. HUD IN THE AMOUNT OF UP TO $8,368,606.21 FOR CDBG FUNDS AND $4,710,752.24 FOR HOME FUNDS; APPROVING THE POLICY THAT NO SINGLE APPLICANT OR ENTITY FOR FY 2015 CDBG FUNDS SHALL RECEIVE MORE THAN 20 PERCENT OF THE TOTAL ALLOCATION FOR ANY CDBG CATEGORY OF FUNDING; AUTHORIZING, PURSUANT TO THE PROVISIONS OF SECTION 17-02 OF THE CODE MIAMI-DADE COUNTY, A LOAN NOT TO EXCEED $760,406.41 OF HOME PROGRAM INCOME FUNDS TO COQUINA PLACE ASSOCIATES, LTD., OR RELATED ENTITY, FOR DEVELOPMENT OF COQUINA PLACE, AN AFFORDABLE HOUSING PROJECT; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE CERTAIN ACTIONS REGARDING ALL FUNDING AWARDS AND LOANS SET FORTH HEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 151332](Public Housing and Community Development) Adopted
Resolution R-579-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Mr. Eric Knowles, 100 S. Biscayne Boulevard, 3rd Floor, Miami, representing the Miami-Dade Chamber of Commerce, appeared before the Board and noted developers saw new possibilities for bringing commercial and residential vibrancy to African American communities. He said developers and private developers focusing on Overtown and Liberty City were being asked tough questions relating to the community benefits for residents as a result of new development efforts. Mr. Knowles said everyone�s votes and voices must be heard about the most ambitious development in Liberty City�s history, the Liberty Square project. He noted this development must directly benefit the surrounding black business and residential communities. Mr. Knowles said the black community and black businesses should be the beneficiaries of the growth in their own community and there should be significant black participation. He indicated that the community should benefit both short and long term from this $300 million project, noting the community needed to be fully engaged in the process. Mr. Knowles said that too many unanswered questions existed despite community meetings and there was not enough time to ensure the voices of the people would be heard by July 9, 2015.  
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8K4  
  151197 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Economic Prosperity Committee        
  RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT ON BEHALF OF MIAMI-DADE COUNTY A CAPITAL FUND FINANCING PROGRAM APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO DEVELOP A FINANCING STRUCTURE FOR THE MOST ADVANTAGEOUS USE OF SUCH PROGRAM�S FUNDS, SUBJECT TO UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT�S APPROVAL; AND DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO SEEK BOARD APPROVAL FOR AUTHORIZATION TO APPLY FOR, RECEIVE AND EXPEND ANY BONDS OR LOANS AND TO EXECUTE ANY AGREEMENTS THAT MAY BE REQUIRED(Public Housing and Community Development) Adopted
Resolution R-580-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
8L PUBLIC WORKS & WASTE MANAGEMENT DEPARTMENT  
8L1  
  151124 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING A CONTRACT AWARD IN THE AMOUNT NOT TO EXCEED $329,352.80 TO R & D ELECTRIC, INC. FOR THE PEOPLE�S TRANSPORTATION PLAN PROJECT ENTITLED �TRAFFIC SIGNAL INSTALLATION�; AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE CONTRACT AND EXERCISE PROVISIONS CONTAINED THEREIN; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS FOR SUCH PURPOSES Adopted
Resolution R-581-15
Mover: Barbara J. Jordan
Seconder: Audrey M. Edmonson
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Mr. Antonio Cortarelo, Deputy Director, Public Works and Waste Management Department, appeared before the Board in response to Commissioner Jordan�s inquiry, and stated the County received a letter from the Small Business Development Department dated April 8, 2013, indicating the outstanding items related to the September 29, 2010, Notice of Violation had been satisfactorily resolved and the violation closed.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
8M REGULATORY & ECONOMIC RESOURCES  
8M1  
  151208 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Esteban L. Bovo, Jr.
Jose "Pepe" Diaz
       
  RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF HIALEAH AND MIAMI-DADE COUNTY FOR SURFACE WATER QUALITY SAMPLING AND ANALYSIS; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME(Regulatory and Economic Resources) Adopted
Resolution R-582-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8M2  
  151220 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE NORTHEAST � OF SECTION 17, TOWNSHIP 52 SOUTH AND RANGE 40 EAST IN THE CITY OF HIALEAH IN MIAMI-DADE COUNTY AS REQUESTED BY ERUDITIONAL, LLC; AND AUTHORIZING THE MAYOR TO EXECUTE DISCLAIMER FOR RELEASE OF RIGHTS OF RESERVATION(Regulatory and Economic Resources) Adopted
Resolution R-583-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8M3  
  151038 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE NORTHEAST � OF SECTION 17, TOWNSHIP 52 SOUTH AND RANGE 40 EAST IN THE CITY OF HIALEAH IN MIAMI-DADE COUNTY; AND AUTHORIZING MAYOR TO EXECUTE DISCLAIMER OF INTEREST FOR RELEASE OF RESERVATION(Regulatory and Economic Resources) Adopted
Resolution R-584-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8M4  
  151218 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE CONVEYANCE OF A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NOMINAL CONSIDERATION OF $1.00, ON A PORTION OF COUNTY-OWNED PROPERTY FOR IMPROVEMENTS AND MAINTENANCE OF TRAFFIC FEATURES ALONG THE NORTHEAST CORNER OF THE INTERSECTION OF STATE ROAD NO. 969 (NW 72 AVENUE) AND NW 58 STREET (PARCEL 801); AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ALL PROVISIONS THEREIN(Regulatory and Economic Resources) Adopted
Resolution R-585-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
8M5  
  151221 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE CONVEYANCE OF A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NOMINAL CONSIDERATION OF $1.00, ON A PORTION OF COUNTY-OWNED PROPERTY FOR IMPROVEMENTS AND MAINTENANCE OF TRAFFIC FEATURES ALONG THE NORTHWEST CORNER OF THE INTERSECTION OF STATE ROAD NO. 969 (NW 72 AVENUE) AND NW 58 STREET; AND AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ALL PROVISIONS THEREIN(Regulatory and Economic Resources) Adopted
Resolution R-586-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
8M6  
  151219 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE NORTHEAST � OF SECTION 17, TOWNSHIP 52 SOUTH AND RANGE 40 EAST IN THE CITY OF HIALEAH IN MIAMI-DADE COUNTY AS REQUESTED BY ELSIE L. GOULD(Regulatory and Economic Resources) Adopted
Resolution R-587-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8M7  
  151243 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Daniella Levine Cava
       
  RESOLUTION APPROVING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 184.9 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE, AND PORTER US 1, LLC AS SELLER FOR A PURCHASE PRICE OF $775,000.00 USING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE ASSIGNMENT OF OPTION TO PURCHASE AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN; AND DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO RECORD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY THE INSTRUMENT OF CONVEYANCE AS REQUIRED BY RESOLUTION NO. R-974-09(Regulatory and Economic Resources) Adopted
Resolution R-588-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
8M8  
  151249 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Daniella Levine Cava
       
  RESOLUTION APPROVING ''CONTRACT FOR SALE AND PURCHASE'' OF APPROXIMATELY 3.47 ACRES OF GOULDS PINELAND PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM MIAMI ROCKRIDGE PINELANDS ACQUISITION SITE WITH MIAMI-DADE COUNTY AS PURCHASER, AND MORNING STAR BAPTIST CHURCH, INC AS SELLER FOR A PURCHASE PRICE OF $180,000.00 USING BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM FUNDS; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO EXECUTE THE CONTRACT FOR SALE AND PURCHASE AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN; AND DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO RECORD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY THE INSTRUMENT OF CONVEYANCE AS REQUIRED BY RESOLUTION NO. R-974-09(Regulatory and Economic Resources) Adopted
Resolution R-589-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
9 ADDITIONAL DEPARTMENTAL ITEMS  
10 AUTHORITIES, BOARDS, COUNCILS AND TRUSTS  
10A1  
  151366 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro
Dennis C. Moss
Audrey M. Edmonson
       
  RESOLUTION APPROVING AN AMENDMENT TO THE FIVE-YEAR IMPLEMENTATION PLAN OF THE PEOPLE�S TRANSPORTATION PLAN TO INCLUDE THE QUAIL ROOST PARK & RIDE FACILITY AND THE TRI-RAIL DOWNTOWN MIAMI LINK CENTRAL STATION [SEE AGENDA ITEM NO. 8G1](Citizens' Independent Transportation Trust) Adopted
Resolution R-590-15
Mover: Dennis C. Moss
Seconder: Esteban L. Bovo, Jr.
Vote: 11 - 0
Absent: Jordan , Suarez
  REPORT: Commissioner Moss noted the foregoing proposed resolution, as well as Agenda Item 3B2 on today�s (6/30) agenda must be signed by the State of Florida Department of Transportation Secretary before 5:00 p.m., and asked whether the items could be considered out of order.

County Attorney Robert Cuevas responded that these Items could be considered following a request for public comment on Agenda Items 3B2, 8G1 and 10A1. He noted Agenda Item 8G1 was a related item; Agenda Item 10A1 was amending the Peoples Transportation Plan (PTP); Agenda Item 3B2 was the joint partnership agreement for the Quail Roost Park and Ride Facility; which included the Quail Roost Station and the Downtown Tri Rail Station; and Agenda Item 8G1 was the Tri Rail extension.

Commissioner Moss noted the deadline was associated with the portion related to Quail Roost and could be bifurcated, should anyone have concerns about the Tri Rail.

Assistant County Attorney Bruce Libhaber clarified that Quail Roost was being considered in Agenda Item 3B2 and was also a part of Agenda Item 10A1 and could be bifurcated.

Assistant County Attorney Cuevas mentioned that the portion of Agenda Item 10A1 applied to Quail Roost amending the PTP needed to be considered before Agenda Item 3B2, unless it was amended to include Quail Roost. He confirmed that Item 10A1 could be bifurcated to exclude the Tri Rail.

It was moved by Commissioner Moss that Agenda Item 10A1 be bifurcated to exclude the portion relating to Tri Rail. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Jordan and Suarez were absent).

Chairman Monestime opened the floor for public comments and called for persons wishing to appear before the Board on the portion of the foregoing proposed resolution relating to Quail Roost or Agenda Item 3B2. Seeing no persons appear wishing to be heard, Chairman Monestime closed floor to public comment

It was moved by Commissioner Moss that the foregoing proposed resolution be adopted, as amended, to amend the PTP to include the Quail Roost Drive project; and to adopt Agenda Item 3B2, the Joint Partnership Agreement for the Quail Roost project. This motion was seconded by Commissioner Bovo, and upon being put to a vote, passed by a vote of 11-0 (Commissioners Jordan and Suarez were absent).

Later in the meeting, it was moved by Commissioner Barreiro that the remainder of the foregoing proposed resolution (excluding Quail Roost) be adopted. This motion was seconded by Commissioner Bovo, and upon being put to a vote, passed by a vote of 13-0).

Note: See Agenda Item No. 8G1 AMENDED, Legislative File No. 152176 for addtional discussion on this item.
 
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
10A2  
  151340 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE DEBT OBLIGATIONS BY THE HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY (FLORIDA), IN ONE OR MORE SERIES, IN AN AMOUNT NOT TO EXCEED $12,000,000.00 TO FINANCE OR REFINANCE ALL OR PORTION OF THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF A MULTIFAMILY HOUSING PROJECT TO BE KNOWN AS MARTIN FINE VILLAS FOR PURPOSES OF SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED(Housing Finance Authority) Adopted
Resolution R-591-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11 COUNTY COMMISSION  
11A RESOLUTIONS  
11A1  
  151156 Resolution     Bruno A. Barreiro        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONSULT WITH THE MIAMI-DADE COUNTY HOMELESS TRUST, THE CITY OF MIAMI AND THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY TO IDENTIFY ADDITIONAL PLACEMENT OPPORTUNITIES FOR HOMELESS INDIVIDUALS AND TO CONSIDER THE FEASIBILITY OF IMPLEMENTING A PORTABLE BATHROOM PROGRAM IN THE DOWNTOWN MIAMI AREA, AND TO PREPARE AND SUBMIT A REPORT [SEE ORIGINAL ITEM UNDER FILE NO. 151036] Amended
  REPORT: Note: See Agenda Item No. 11A1 Amended, Legislative File No. 151704 for the amended item.  
  5/14/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Prosperity Committee  
  6/2/2015 Deferred by the Board of County Commissioners  
11A1 AMENDED  
  151704 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONSULT WITH THE MIAMI-DADE COUNTY HOMELESS TRUST, THE CITY OF MIAMI, THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, CAMILLUS HOUSE, INC., MIAMI RESCUE MISSION, INC., THE SALVATION ARMY, AND THE SUNDARI FOUNDATION, INC. ALSO KNOWN AS LOTUS HOUSE, TO IDENTIFY ADDITIONAL PLACEMENT OPPORTUNITIES FOR HOMELESS INDIVIDUALS AND TO PREPARE AND SUBMIT A REPORT Adopted as amended
Resolution R-592-15
Mover: Bruno A. Barreiro
Seconder: Sally A. Heyman
Vote: 13 - 0
  REPORT: Chairman Monestime opened the floor to anyone wishing to address the Board in connection with the foregoing proposed resolution:

City of Miami Commissioner Marc Sarnoff, 3500 Pan American Drive, Miami, appeared befored the Board in connection with the foregoing proposed resolution, noting the City of Miami (City) passed a resolution asking the County Mayor to negotiate and develop a funding source to help the homeless. He explained that the City began a public-private partnership which took over 1,400 people off the City streets and gave them either a bed or a mat to sleep instead of a concrete pillow. Commissioner Sarnoff pointed out that the City could not force anyone to have service provided to them, to take a shower, to have medical attention or provide social services as a result of Judge Federico Moreno's Pottinger decision; however, the other 33 municipalities could. He noted the current program allowing people to ask for services when they felt ready was a voluntary program had over a 50 percent success rate. Commissioner Sarnoff said that although the homeless did not have a voice, he believed they were helped by the program. He commented that the resolution also asked the County to assist in providing bathroom facilities, noting the City would place portable facilities at various locations for one year. Commissioner Sarnoff asked for the County Commission�s assistance to help Commissioner Barreiro and Mayor Gimenez find a middle ground in dealing with the City�s homeless population. He stated that there were 1,000 homeless in the County, with 600 in the City and 300 in the downtown area. He noted a multitude of services was needed and that a modification to the Pottinger decision would help in finding a solution to the homeless problem.

City of Miami Commissioner Francis Suarez, 3500 Pan American Drive, Miami, noted homelessness was a quality of life issue for downtown residents and business owners. He expressed the need for the homeless to have both a comfortable and safe place to sleep.

City of Miami Commission Chairman Wifredo (Willy) Gort, 3500 Pan American Drive, Miami, appeared before the Board and stated that the homeless problem was not easy, noting the homeless needed help but did not know the type of help they need. Chairman Gort said the MAT program could provide the needed assistance and asked for County Commission�s support.

City of Miami Mayor Tomas Regalado, 3500 Pan American Drive, Miami, appeared before the Board and acknowledged the County Commission for this conversation and Commissioner Barreiro for introducing the foregoing proposed item. He said the City closed its fiscal year with money allocated for one time capital improvements in each City district. Mayor Regalado noted his allocation would be used to fund portable toilets in downtown Miami; however, he pointed out that while portable toilets alone would not solve the homelessness issue, they would elevate the dignity of the homeless population, as did indoor feeding locations. He commented that the MAT program would not end homelessness. Mayor Regalado stated that the City�s downtown was the County�s downtown, noting that the homeless population surrounded the Stephen P. Clark Government Center, the History Miami and Miami Museum complex, the Arscht Center, the American Airlines Arena, and the Museum Park. He asked the County to be a partner and understand that supporting the project would not end homelessness but would take people off the streets at night.

Commissioner Moss requested that County Commissioner Suarez develop an event in Coconut Grove celebrating the contributions of the Bahamian community to the City of Miami and Miami-Dade County, following Mayor Regalado�s comments on the Bahamian settlers.

Assistant County Attorney Estephanie Resnik read into the record a proposed amendment to the foregoing proposed resolution, as requested by Commissioner Heyman, directing the County Mayor or the County Mayor�s designee to additionally consult with Camillus House, Miami Rescue Mission and the Salvation Army.

Ms. Pauline Trotman, 541 NW 47 Terrace, Miami, Homeless Trust Board Member, Housing Committee Chairperson, Allapattah Advisory Committee Vice Chair, and Better Way of Miami Housing Program Director of Housing, appeared before the Board and stated the Homeless Trusts� mission was to eliminate homelessness in the County, noting any reduction in housing and service funding would contribute to additional homelessness.

Ms. Olga Golik, 6200 SW 19 Street, Miami, representing Citrus Health Network, 4175 W 20 Avenue, Hialeah, and the Florida Supportive Housing Coalition as its Vice President, appeared before the Board and noted that people should not have to live on the streets or become homeless because they could not afford housing. Ms. Golik noted emergency shelters were a more expensive solution than permanent housing; however, permanent housing was more effective. She pointed out that the Homeless Trust�s data showed 13 percent of those in emergency shelters returned to homelessness, while those in permanent housing had a 3 to 6 percent return rate. Ms. Golik said that downtown leaders should ask the City of Miami for the $2 million housing funding received from the U.S. Department of Housing and Urban Development to help the homeless and disabled populations; and she encouraged the County to look for long term solutions.

Ms. Beatriz Urdarieta, a Camillus House resident, appeared before the Board and spoke in support of the foregoing proposed resolution.

Ms. Melissa Gallo, 140 West Flagler Street, Suite 103, Miami, representing the Miami Coalition for the Homeless, appeared before the Board and spoke in support of the proposal and urged the Commission to address the needs of our most vulnerable residents.

Ms. Maria Gralia, 150 West Flagler Street, Miami, appeared before the Board and spoke in support of the proposed resolution, noting this was an issue of dignity.

Ms. Melissa Dynan, 3530 Thomas Avenue, Miami, appeared before the Board and spoke in support of the proposed resolution, requesting that the MAT program funding not impact the Homeless Trust funding and that a more permanent solution was needed to address the portable toilet issue.

Mr. Jaime Jose Pino, 1603 NW 7 Avenue, Miami, appeared before the Board and spoke in support of the proposed resolution, noting he was a Camillus House resident who used the MAT program.

Mr. Manuel Sarria, Assistant Director, Miami-Dade County Homeless Trust, 111 NW 1 Street, 27th Floor, Miami, appeared before the Board and noted support for the foregoing proposal. He pointed out the key to ending homelessness was permanent housing. Mr. Sarria suggested that competitive priced and performance driven emergency and permanent housing was needed to end homelessness.

Ms. Victoria Mallette, Executive Director, Miami-Dade County Homeless Trust, 111 NW 1 Street, 27th Floor, Miami, appeared before the Board and noted the Homeless Trust supported the foregoing proposed resolution, and was committed to working with the City of Miami, Downtown Business Authority and all stakeholders to eliminate homelessness. She said an additional 124 placements for homeless persons was being created through a competitive process of which 91 were long term permanent housing units with support for the most vulnerable individuals. Ms. Mallette commented that more permanent affordable housing options were desperately needed, noting there was no single approach to ending homelessness. She said the Homeless Trust strove to provide every homeless individual care through its umbrella of services and housing. Ms. Mallette described the goal to end chronic homelessness by 2017, noting the U.S. Department of Housing and Urban Development shifted its focus toward permanent housing. She noted everyone was aware homeless individuals were located within the urban core and the desire to work with downtown residents and business owners on real, long term, and proven solutions. Ms. Mallette pointed out that homelessness was reduced by over 90 percent through the Homeless Trust�s Continuum of Care. She asked the City of Miami and the Downtown Development Authority to partner with the County to leverage resources and embrace long term solutions.

Mr. Bob Dickinson, 29 Tahiti Beach Island Road, Coral Gables, representing the Camillus House as its Chair, 1603 NW 7 Avenue, Miami, and Governor Rick Scott�s Florida Consul on Homelessness, appeared before the Board in connection with the foregoing proposed resolution. He noted the Camillus House was the largest service provider for the homeless in Miami-Dade County, operating since 1960. Mr. Dickinson said that due to the lack of emergency beds in the continuum of care, the City of Miami and the Downtown Development Authority approached Camillus House regarding the feasibility of providing mats, allowing the police to operate legally under the terms of the Pottenger decision. He noted 100 individuals were removed from the streets since last August and provided with a robust array of services, including food, clothing, shelter, security, medical, daytime activities and case management in a safe and hospitable environment. Mr. Dickenson commented that the MAT program, which currently consisted of 115 mats, was embraced by individuals who typically refused bunk beds and close quarters associated with an emergency shelter. He concluded that the program was a successful with meaningful deliverables for the most challenged population.

Dr. Rolando Montoya, Miami-Dade College Provost, 300 NE 2 Avenue, Miami, and Downtown Development Authority Homeless Task Force Chair appeared before the Board and expressed support for the foregoing proposal. He commented that additional funding was needed to continue the pilot program, noting emergency support was needed for downtown�s chronic homeless.

Ms. Christina Crespi, representing the Downtown Development Authority (DDA), 200 S. Biscayne Boulevard, Miami, appeared before the Board in support of the foregoing proposal. She pointed out that the DDA supported the City of Miami Shelter Program at Camillus House, a pilot program serving 1,300 people since August, 2014. Ms. Crespi requested the foregoing proposed resolution be amended to consider funding for the MAT program, noting this option was better than the sidewalks. She indicated that the City of Miami and downtown restaurants contributed $6.7 million in food and beverage tax of which $700,000 was currently being requested for mats.

Mr. Shed Boren, Chief Executive Officer, Camillus House 1603 NW 7 Avenue, Miami, appeared before the Board and described the various services provided by of Camillus House, at fourteen locations with 5,500 individuals assisted this year. He pointed out that the MAT program was created in response to the City of Miami�s request to expand emergency shelter beds, noting the same services including health care and case management were provided to these individuals as in the regular shelter. Mr. Boren said 52 percent of MAT program participants were later moved into permanent housing. He concluded that although a shelter bed inside a building was better than a mat, a mat was better than the street.

Officer James Bernat, Executive Assistant to the Chief of Police, City of Miami, 400 NW 2 Avenue, Miami, appeared before the Board with a video presentation depicting the lack of and need for available shelter in the local community, the Camillus House facilities and personal stories of clients served.

Mr. Brian Alonso, La epoca Department Store, 200 East Flagler Street, Miami, and Homeless Trust Board member, appeared before the Board and commented on the MAT program�s positive impact.

Mr. Alan Ojeda, 1450 Brickell Avenue, Miami, appeared before the Board and spoke in support of the foregoing proposed resolution and helping others in need.

Mr. Vladimir Dubois, Downtown Ambassador, Downtown Development Authority, 19 West Flagler Street, Miami, appeared before the Board and explained that his job was to address issues affecting the quality of life in downtown Miami, and to make it one of the most livable cities in the Country. He pointed out that the homeless were often turned away and needed to sleep on the streets because of the lack of beds. Mr. Dubois said the homeless needed help and asked the Board to support the proposal and MAT program funding.

Mr. Yuesley Francois, Downtown Ambassador, 19 West Flagler Street, Miami, appeared before the Board and spoke in support of the proposed resolution, noting the need to provide a place to sleep and eat.

Mr. Richard Sargent, 350 NW 4 Street, Miami, appeared before the Board and spoke in support of the proposal, noting he supervised individuals who were previously MAT program participants and now productive members of society and paying taxes.

Mr. Eugene Gordon, 1887 NW 81 Street, appeared before the Board and spoke in support of the proposal and the positive aspects of the MAT program services.

Mr. Lynnward Mc Clyde, 1603 NW 7 Avenue, Miami, appeared before the Board and noted his support for the foregoing proposed resolution. He said he was previously homeless and chose to participate in the MAT program which provided an opportunity, structure, meals, medical and addiction treatment, a place to sleep and a job.

Mr. Mark Warren, 1401 NW 103 Street, Miami, appeared before the Board in support of the foregoing proposal, noting he was a MAT program participant. He spoke on the impact the program had on his life and the community.

Brother Bill Osmanske, 1603 NW 7 Avenue, Miami, representing Camillus House, appeared before the Board and noted the history and purpose of Camillus House. He told the story of a Camillus House resident and asked for continued Courtyard Program support.

Mr. Fred Mims, 1603 NW 7 Avenue, Miami, Direct Care Ministry Director, Camillus House, appeared before the Board and stated the Courtyard Program provided a safe and fear free environment to individuals resisting shelter. He said the Program provided homeless individuals with basic emergency services, showers, meals, clothing, case management, medical attention and psychological services. Mr. Mims noted the goal to establish trusting relationships with homeless clients that would assist in the transition to a more stable environment.

Ms. Rebeca Carter, 1824 Brickell Avenue, Unit 1D, Miami, appeared before the Board in support of the foregoing proposal. She requested the Homeless Trust focused more on the Downtown and Brickell neighborhoods, pointing out issues associated with homeless individuals at a nearby park. Ms. Carter requested that this item be amended to include funding for the MAT program.

Ms. Lisbeth Bustin, 12750 Red Road, Coral Gables, appeared before the Board in support the foregoing proposal. She indicated she was a volunteer for the Downtown Neighbors Alliance, noting their Board of Directors passed a resolution urging Miami-Dade County�s support of the MAT program for the chronic homeless and to explore funding alternatives to continue this innovative program.

Dr. Paula Petry, 900 Biscayne Boulevard, Miami, appeared before the Board and commented on the success of the Downtown Development Authority�s MAT program, noting the unique needs of homeless individuals living on the downtown streets. She said the option of a safe place to sleep was the first step for those who perceived they had no other option toward healthier living.

Ms. Maria Martinez, 50 Biscayne Boulevard, #1806, Miami, President, 50 Biscayne Condominium Association, appeared before the Board and requested that the foreoing proposed resolution include funding for the MAT program. She noted the $700,000 needed for the program was a small amount in comparison to the Homeless Trust�s overall budget and should be included as part of an overall comprehensive program.

Reverend Pedro Martinez, 50 Biscayne Boulevard, Miami, representing Hope in Miami Dade, a non-profit organization seeking to reduce homelessness, appeared before the Board and spoke in support of the MAT program.

Mr. Charles Wright, 1603 NW 7 Avenue, Miami, representing Hope in Miami, appeared before the Board and noted he was previously a program participant and asked that the MAT program not be shut down.

Mr. Horacio Stuart Aguirre, 1910 NW 13 Street, Miami, appeared before the Board and spoke in support of the foregoing proposal and the MAT program, noting anyone could become homeless at some point in their lives.

Ms. Debra Webb, 1400 NW 54 Street, Miami, representing Key Clubhouse as its Executive Director, appeared before the Board and stressed the need for permanent affordable housing for individuals with mental illnesses.

Mr. Brett Bibeau, 1407 NW 7 Street, Suite D, Miami, Managing Director, Miami River Commission, appeared before the Board, noting the City of Miami�s successful shelter program was critical to implementing the revised Pottenger settlement agreement.

Mr. David Perry, 400 NW 3 Court, #503, Miami, Camillus Consumer Advisory Board Chairperson, and class representative in the Pottenger vs City of Miami litigation, appeared before the Board and expressed support for the foregoing proposed resolution. He pointed out that the MAT program was being used as a stepping stone to access a wide range of health related services. Mr. Perry encouraged the Homeless Trust to consider the program as a vital tool in solving homelessness in this community.

Ms. Robin Cole, 1135 92 Street, Bay Harbor Islands, representing the National Alliance on Mental Illness of Miami, appeared before the Board in support of the foregoing proposal. She pointed out that homelessness was also a mental health issue needing to be addressed with continuity of care, outpatient services, safe and affordable housing, employment, job training and case management.

Mr. H. Daniel Vincent, 7834 SW 165 Street, Palmetto Bay, President and Chief Executive Officer, Chapman Partnership, 1550 N. Miami Avenue, Miami, appeared before the Board and stated that the Homeless Trust�s vision was always to create an independent public-private partnership to manage the financial resources and required framework for the continuum of care service providers. He noted these partnership efforts resulted in a proven and respected model implemented by many cities throughout the Country. Mr. Vincent suggested looking at the progress made over the past 20 years when there were 8,000 homeless on Miami�s streets. He expressed confidence in the Homeless Trust�s ability to continue working together to remediate homelessness in the community.

Ms. Huiyi Jackson, 111 E Flagler Street, #601, Miami, appeared before the Board in support of the MAT program and the Public Ambassador Program.

Mr. Carlos Padron, 1603 NW 7 Avenue, Miami, Camillus House resident, appeared before the Board and spoke in support of the foregoing proposed resolution.

Ms. Constance Collins, 1514 NW 2 Avenue, #1, Miami, Executive Director, Lotus House Women�s Shelter, appeared before the Board and spoke in support of the foregoing proposal. She presented a research and position paper, and acknowledged the Board for bringing awareness to this important issue. Ms. Collins noted public policy debates, media reporting and community conversations about homelessness was limited to those most visible, the chronic homeless individuals suffering from mental illness. She said the reports ignored the largest segment of homeless individuals in the community, the children, noting there were over 346 homeless children identified by the Miami-Dade County Public Schools. Ms. Collins noted the systemic root causes of homelessness needed to be addressed at the federal government level.

Mr. Clifton Bogart, 1603 NW 7 Avenue, Miami, appeared before the Board and spoke in support of the foregoing proposal, noting homelessness was a situation and not a disease.

Mr. Julian Cato, 1603 NW 7 Avenue, Miami, Camillus House resident, appeared before the Board and spoke in support of the foregoing proposal, noting he now lived in a bed after being on a mat for two weeks. He pointed out that a better vacant bed count was needed during nighttime hours.

Ms. Linda Lefebure, 1603 NW 7 Avenue, Miami, Camillus House MAT program resident, appeared before the Board and spoke in support of the foregoing proposal, noting she was beaten and sexually assaulted while out on the streets.

Ms. Mary Jane Janelle, 1603 NW 7 Avenue, Miami, Camillus House resident, appeared before the Board and spoke in support of the foregoing proposal, noting she transitioned from the MAT program to a bed. She said she received free medical, dental and mental health services through the program.

Ms. Paola Roman, 8150 NW 53 Street, Doral, representing Carrfour Supportive Housing, appeared before the Board and said it was prudent to use scarce resources allocated to homelessness wisely, noting Carrfour�s goal was to address permanent supportive housing needs of homeless residents.

Dr. Evalina Bestman, 9230 NW 13 Court, Miami, appeared before the Board and noted the issue was not about mats or homeless programs, but one of power and control. She indicated that over twenty years ago, Mr. Alvah Chapman, Mayor Alex Penellas, Ms. Pat Pepper, Ms. Beth Lang, Governor Jeb Bush, herself, other community leaders and homeless representatives, developed a coordinated continuum of care for the homeless with an independent body of community volunteers being responsible for the oversight and management of state, federal, private and surtax funds. She noted the process of revision or modification of the homeless plan and distribution of funds should be depoliticized, the process should be an inclusive public private partnership, yet independent, competitive and fair to all organizations whose mission is to serve the homeless. Dr. Bestman asked the Board to support the Homeless Trust in their goal to develop programs in the community and to carry out the plan's mandates.

Mr. Leslie Edmond, Camillus House MAT program participant, appeared before the Board and noted the program provided a roof over his head, meals and the ability to continue his education.

Madame Renita Holmes, 350 NW Lebrae Place, Miami, appeared before the Board and expressed the importance of citizen participation. She said she was currently an Overtown resident and was previously homeless. Madame Holmes questioned whether the number of unclassified homeless women who died as a result of not having a mat to sleep on was being reported. She noted some housing can�t wait to be affordable as we have already been taxed too much. Madame Holmes also questioned whether the mental health concerns of homeless individuals were being addressed.

Mr. Ron Book, 18851 NE 29 Avenue, Aventura, Chairman, Miami-Dade County Homeless Trust, appeared before the Board and acknowledged the County Commission, the County Mayor, Deputy Mayors and County staff on behalf of the Homeless Trust for being given the opportunity to implement the ten-year plan to end homelessness. Mr. Book stated that the U.S. Department of Housing and Urban Development (HUD) declared Miami as a best practices model six times, and that it did not happen by accident. He said the Homeless Trust reduced street homelessness by 90 percent because they had a plan, they had leadership and they had resources. Mr. Book stated the Homeless Trust avoided micromanaging the plan and influencing the recommendations of experts, noting they were the only urban community without an increase in street homeless during the economic downturn, with the exception of last January with a one-time spike of 67 bodies. He explained that the County counted the homeless population two times per year, where others counted only once, as required by HUD. He noted that the Homeless Trust participated in every one of the federal programs and had met the challenges.

Mr. Book said that the Homeless Trust paid Camillus House $6.2 million during the year to provide beds, noting they currently received more continuum of care funding than they did one year ago. He commented that the Homeless Trust only implemented and funded programs over the past 21 years which were evidence-based, outcome and performance measured. Mr. Book said that HUD gave the County $35 million annually; however, indicated that MAT programs were not funded since they were not evidenced-based and did not produce results. Mr. Book said he did not support the MAT program because it worked as a deterrent in getting the hardest, most chronic individuals off the street. He stated that mats were not supported by HUD for use throughout the Country, nor were they funded by the State of Florida. Mr. Book pointed out that Dr. Evalina Bestman was part of the group that looked at programs throughout the Country and found that the MAT program was a warehouse program, putting people on the ground. He indicated the Homeless Trust rejected the MAT program and wanted a smart business model that was evidence-based with outcome and performance measures, noting MAT programs were not successful in Orlando, FL.

Mr. Book commented on the Homeless Trust having adequate reserves, noting the $6.2 million allocation belonged to the Domestic Violence Oversight Board, and could not be touched under State law or County ordinance. He said the Homeless Trust had a $3.1 million capital reserve with capital needs associated with the Homeless Assistance Centers located at 1550 N. Miami Avenue and the 145 unit Verde Gardens development and the micro-enterprise farmers market in the City of Homestead. He indicated that HUD required the Homeless Trust to submit a budget with two percent and five percent reductions, which could result in putting people back out on the streets, closing programs and cutting services. Mr. Book said he was not opposed to the City of Miami or the Downtown Development Authority funding a MAT program, pointing out that the Homeless Trust never brought a bid waiver to the Board and did not extend contracts without a new bid in its 21 years of operation. Mr. Book said it cost more money to put someone on a mat than on a bed and that a bed was a solution with regard to case management wrap-around services, and produced results getting people off the street. Mr. Book stated that he, Mayor Gimenez, and the Homeless Trust staff wanted the opportunity to get people off the street, noting they had a plan that worked and the resources. Mr. Book stated that housing first was a proven strategy to end homelessness and that veteran�s homelessness will end earlier than the December 31, 2015 projected date.

There being no further persons to come forth, the Board proceeded to consider the forgoing proposed resolution.

In response to Chairman Monestime�s request, County Attorney Robert Cuevas confirmed that the Board could discuss this item and take action prior to setting the meeting agenda.

On behalf of Commissioner Barreiro, Assistant County Attorney Estephanie Resnik read a proposed amendment to the foregoing proposed resolution that would remove any language from the body and title of the Item referencing a downtown Miami portable bathroom program.

Assistant County Attorney Resnik noted a proposed amendment presented by Commissioner Heyman directing the County Mayor or County Mayor�s designee to additionally consult with Camillus House, Miami Rescue Mission, the Salvation Army and the Sudari Foundation, Inc. (Lotus House); to include those organizations names after reference to the Miami Downtown Development Authority on Line 4 of the NOW, THEREFORE CLAUSE on Handwritten Page 4.

Commissioner Barreiro accepted Commissioner Heyman�s proposed amendment. He commented that today�s (6/30) speakers were very passionate about the issue. Commissioner Barreiro mentioned that Mr. Book dedicated many years to homelessness issues in the community. He noted that both the City of Miami and the Downtown Development Authority (DDA) were substantially involved in the homelessness issues as well. Commissioner Barreiro said that the Downtown Miami area was becoming a 24 hour destination. He clarified the intent of the foregoing proposed resolution was to identify additional placement opportunities for homeless individuals and was not addressing mats or methods of getting into a shelter. Commissioner Barreiro stated that no one should be living on the street and that it was governments� responsibility to provide a dignified place for the homeless to sleep at night with sufficient services. He spoke of the work of the Homeless Trust in reducing the homeless population, noting the ultimate goal was for no one to be out in the street at night. Commissioner Barreiro expressed his appreciation to City of Miami Mayor Regalado and the DDA for supporting the portable bathroom program.

Commissioner Heyman spoke with regard the half cent surtax to invest in the community. She stated that the County approached the issue with dignity and used a comprehensive effort rather than being fragmented. Commissioner Heyman acknowledged Commissioner Barreiro for presenting the foregoing proposal and all stakeholders for their willingness to address the homelessness issue. She stated that the Homeless Trust worked with the County Commission on the civil citation issue, noting arrests could result in the loss of jobs and housing. Commissioner Heyman expressed her appreciation to City of Miami Mayor Regalado for funding the portable bathroom program.

Assistant County Attorney Resnik clarified that the proposed amendment would delete references to the portable bathroom program in downtown Miami.

Ms. Mallette stated that the portable bathroom program was not an issue because it was already funded by the City of Miami. She noted the Homeless Trust supported the foregoing proposed resolution, and was working with the City of Miami, the DDA and all stakeholders to create additional placements for homelessness, with the exception of the portable bathroom program.

In response to Commissioner Jordan�s inquiry, Ms. Mallette clarified that the Homeless Trust had never funded a MAT program. She stated the current MAT program did not go through a competitive process and was designated for one entity. Ms. Mallette indicated the Homeless Trust was not considering funding portable bathrooms.

Commissioner Jordan inquired whether the report would designate a source to pay for portable bathrooms other than the Homeless Trust.

Mr. Book replied that the Homeless Trust did not believe a portable bathroom was part of its mission to end homelessness. He said he could not envision the Homeless Trust funding mats out of its resources and another funding source would be required.

Commissioner Jordan expressed concern whether the Homeless Trust would be put in a compromising position if the plan recommended mats.

Commissioner Barreiro responded that he did not believe it would impact the Homeless Trust�s plan and that County Administration should be included in the review process.

Commissioner Jordan recalled the Homeless Trust�s mission was �beds first� in getting people off the street and felt the Board should not deviate from that mission. She said that all programs should go through a competitive process and not automatically awarded.

Commissioner Sosa commended the City of Miami for partnering with other organizations to solve the homelessness problem. She said that beds should be provided rather than having people sleeping on the floor with mats. Commissioner Sosa inquired about Camillus House's capacity and what was needed to provide more beds.

Mr. Book responded that the Camillus House had capacity, beds, and reconfiguration opportunities. He mentioned that the Salvation Army also had room to accommodate an additional 16 beds. Mr. Book indicated that providing additional beds was a recurring expenditure and the Homeless Trust was prepared to evaluate additional options through a bid process.

Mr. Boren stated he believed in the housing first model. He said that a need existed to increase bed capacity for emergency shelter and that it was his priority to find ways to expand capacity across the fourteen Camillus campuses.

Commissioner Sosa noted the need to evaluate options; to develop a solution to other counties dumping their homeless in Miami-Dade County; to provide medical care for mental illness patients; and to offer educational opportunities for self-sufficiency.

Mr. Book spoke regarding efforts to manage the issue of other communities dumping their homeless in Miami. He noted a long standing partnership with the Miami-Dade Public Schools to provide educational opportunities and that the State of Florida was participating in a Homeless Management Information System used by the Homeless Trust to track the homeless population.

Commissioner Levine Cava noted the Homeless Trust was created as a result of business, civic, and governmental concerns and the possibility of ending homelessness was apparently within reach. She indicated that the foregoing proposal called for a study and recommendations, noting this discussion presented a broad range of concerns to be included in the study. Commissioner Levine Cava pointed out that �housing first� needed to be addressed as a nationally recognized and supported policy; that new shelter beds were needed; and whether or not the goal of ending homelessness could really be accomplished. She pointed out that this discussion provided for community awareness, education and involvement, Commissioner Levine Cava suggested that the Homeless Trust considered televising its meetings for more openness and community awareness.

Commissioner Diaz said homelessness was a difficult issue touching each commission district. He asked Mr. Book to report on the number of homeless in the community at the time the Homeless Trust was created versus the current number, and the number of beds.

Mr. Book reported there were originally 8,000 homeless individuals on the streets with fewer than 1,000 beds in the continuum of care; there were 1,007 reported homeless in January 2015; and there were currently over 1,900 emergency beds, 1,700 transitional housing beds, 6,498 permanent housing units and the referral agency for an additional 1,971 public housing units in the continuum of care.

Commissioner Diaz congratulated the Homeless Trust on an outstanding job. He encouraged the City of Miami to continue providing its support, noting he did not want the Homeless Trust to deviate from their successful mission. Commissioner Diaz pointed out that politics and grand standing needed to be removed from the issue. He acknowledged Mr. Book and the Homeless Trust�s efforts to support and end homeless veterans by the end of the year.

Commissioner Edmonson noted she was a Homeless Trust Board member and believed in its mission. She stated she did not believe Commissioner Jordan�s question was addressed and wanted to ensure that the foregoing proposed legislation and the recommended review, would not force the Homeless Trust to fund mats. Commissioner Edmonson stated she agreed with Commissioner Diaz in keeping politics and power grabs out of the issue. She noted her support of the foregoing proposed resolution.

Chairman Monestime noted that, according to Mr. Book, it was not the mission of the Homeless Trust to fund mats. He questioned whether or not the numbers of mats needed were available and the cost to fund the mats.

Mayor Carlos Gimenez reported that the number of mats needed had not determined. He said legislation provided that no homeless individual in Miami-Dade County would sleep on the street; however, he did not know what it would take to accomplish that effort, noting future discussions would determine what was needed. Mayor Gimenez indicated that the Homeless Trust reduced the homeless population by 90-95 percent and that the remaining 5-10 percent would be the hardest portion to solve. He promised that his Administration would look at every possible solution to bridge the gap and get the homeless population as close to zero as possible. Mayor Gimenez spoke in support of the foregoing proposed resolution.

Chairman Monestime requested that the report be finalized and delivered within 90 days.

Commissioner Diaz said there were many different positions being presented on ending homelessness. He noted it would be prudent to reach consensus and develop a plan to end homelessness for the remaining 1,000 individuals.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended, directing the County Mayor or the County Mayor�s designee to additionally consult with Camillus House, Miami Rescue Mission, the Salvation Army and the Sudari Foundation, Inc. (Lotus House); to include those organizations names after reference to the Miami Downtown Development Authority on Line 4 of the NOW, THEREFORE CLAUSE on Handwritten Page 4; and to remove references to considering the feasibility of implementing a portable bathroom program in the downtown Miami area from the title and body of the item.
 
11A2  
  142805 Resolution     Bruno A. Barreiro        
  RESOLUTION DECLARING SURPLUS COUNTY-OWNED LAND LOCATED AT 1280 NW 11TH STREET IN THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE CONVEYANCE OF SAME TO THE RIVER LANDING CONSERVATION FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE PURPOSE OF CREATION AND MAINTENANCE OF GREEN SPACE, SEAWALL, LANDSCAPING, LIGHTING AND A RIVERWALK OPEN TO THE PUBLIC, AS WELL AS INCIDENTAL PUBLIC FAIRS OR SHOWS FOR NO MORE THAN THIRTY TOTAL DAYS A YEAR, AND REQUIRING THE FOUNDATION�S EXPENDITURE OF A MINIMUM OF $3,974,223.00 TO CREATE SUCH IMPROVEMENTS; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD AND POLICY SET FORTH IN RESOLUTION NO. R-256-13 REQUIRING A LEASE RATHER THAN A DEED WHEN CONVEYING PROPERTY TO NOT-FOR-PROFIT ENTITIES UNDER FLORIDA STATUTE SECTION 125.38; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED AND DECLARATION OF RESTRICTIONS FOR SUCH PURPOSE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF SAID PROPERTY Amended
Vote: Unanimous
  REPORT: Note: See Agenda Item No. 11A2 AMENDED, Legislative File No. 151703 for the amended version.  
  1/15/2015 Forwarded to BCC with a favorable recommendation by the Land Use & Development Committee  
  2/3/2015 Deferred by the Board of County Commissioners  
11A2 AMENDED  
  151703 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Bruno A. Barreiro        
  RESOLUTION DECLARING SURPLUS COUNTY-OWNED LAND LOCATED AT 1280 NW 11TH STREET IN THE CITY OF MIAMI, FLORIDA, AUTHORIZING THE CONVEYANCE OF SAME TO THE RIVER LANDING CONSERVATION FOUNDATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR THE PURPOSE OF CREATION AND MAINTENANCE OF GREEN SPACE, SEAWALL, LANDSCAPING, LIGHTING AND A RIVERWALK OPEN TO THE PUBLIC, AS WELL AS INCIDENTAL PUBLIC FAIRS OR SHOWS FOR NO MORE THAN THIRTY TOTAL DAYS A YEAR, AND REQUIRING THE FOUNDATION�S EXPENDITURE OF A MINIMUM OF $3,974,223.00 TO CREATE SUCH IMPROVEMENTS; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD AND POLICY SET FORTH IN RESOLUTION NO. R-256-13 REQUIRING A LEASE RATHER THAN A DEED WHEN CONVEYING PROPERTY TO NOT-FOR-PROFIT ENTITIES UNDER FLORIDA STATUTE SECTION 125.38; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED AND DECLARATION OF RESTRICTIONS FOR SUCH PURPOSE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF SAID PROPERTY [SEE ORIGINAL ITEM UNDER FILE NO. 142805] Adopted as amended
Resolution R-593-15
Mover: Bruno A. Barreiro
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Mr. Brett Bibeau, 1407 NW 7 Street, Suite D, Miami, Managing Director, Miami River Commission, appeared before the Board in support of the foregoing proposed resolution.

Assistant County Attorney Debra Herman read the proposed amendment into the record on behalf of Commissioner Barreiro.

Commissioner Levine Cava expressed concern regarding the conveyance of park land rather than leasing the land. She indicated that the developer previously wanted to purchase the property and would not agree to a lease and would make substantial improvements to the seawall. Commissioner Levine Cava pointed out that the developer was subsequently awarded an economic development grant in the approximate amount of the cost to repair the seawall. She indicated that the parcel should be maintained as County property and as a park with a long-term lease.

Commissioner Barreiro stated that the intent of the amendment was to keep the park open to the public.

Mr. Brian May, 235 Catalina Avenue, Coral Gables, representing the River Landing Project, appeared before the Board and said that a proposal to lease the property was presented to the developer; however, the minimum requirement for the investment could only be used as a park and could not be developed or other revenue generation on the property. He indicated that the intention was for a continuation of the River Walk, which was a part of the River Landing project. Mr. May said property ownership would be required for it to be feasible to rebuild the seawall and improve the grounds as an open to the public park. He pointed out that the minimum required investment was $4 million with a total cost of approximately $7 million. Mr. May asked for the Board�s support to approve the proposal as a park with all the restrictions on the property.

Commissioner Barreiro commented on the project review related to the project�s quality of development and the area in an article in today�s (6/30) Wall Street Journal.

Commissioner Jordan expressed the need for consistency related to leases versus conveyance of properties, noting she believed the Board previously passed legislation to lease properties rather than to convey.

Assistant County Attorney Herman indicated that the foregoing proposed resolution provided for a waiver of Resolution No. 256-13 concerning the Board�s policy of leasing rather than conveying property, unless other compelling circumstances justified the conveyance.

Commissioner Jordan asked Assistant County Attorney Herman to prepare legislation repealing Resolution No. 256-13, noting it should be up to the Board to make these decisions on a case by case basis. She said this was necessary to avoid the appearance of bias and a double standard.

Commissioner Zapata asked for clarification on whether or not the County required the expenditure amount or the construction of the seawall. He also asked what would happen if the cost to repair the seawall exceeded the agreed upon amount.

Assistant County Attorney Herman responded to Commissioner Zapata�s inquiry and stated funding in the amount of over $3.9 million was required. She referred to; Exhibits A and B of the foregoing proposal concerning work to be performed and completed, and the expenditure of funds. Ms. Herman indicated that the County would revert ownership of the property should there was a breach of contract.

In response to Commissioner Levine Cava�s question on whether or not the covenant on the land could be subsequently changed, Assistant County Attorney Herman reported that any change would require the Board�s approval, with a majority vote.

Assistant County Attorney Herman responded to Commissioner Jordan that the vote could be changed to a super majority vote.

County Attorney Robert Cuevas explained that if the covenant was to be released it would take an extraordinary vote.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended to insert the wording �at all times� immediately following �by the public� on Line 2 of Handwritten Page 12; and to amend the LEGAL DESCRIPTION and swapped out as set forth in the amendment and including the legal descriptions, sketches and Exhibits 1 and 2, describing easements which will be retained by the County for the future expansion and renovation of the 836 Expressway on Handwritten Pages 8 and 11.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
11A2 SUPPLEMENT  
  151541 Supplement      
  SUPPLEMENTAL INFORMATION TO RESOLUTION DECLARING AS SURPLUS A COUNTY-OWNED PROPERTY LOCATED AT 1280 NW 11 STREET, MIAMI, FLORIDA Presented
11A3  
  151475 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Daniella Levine Cava
Audrey M. Edmonson
Barbara J. Jordan
       
  RESOLUTION WELCOMING, SUPPORTING AND PROMOTING THE 24TH ANNUAL GENERAL MEMBERSHIP MEETING OF THE EAST COAST GREENWAY ALLIANCE TO BE HELD NOVEMBER 13-15, 2015 IN MIAMI-DADE COUNTY, ALONG WITH THE ASSOCIATED WHEELS EVENTS TO BE HELD NOVEMBER 11-15, 2015 THROUGHOUT MIAMI-DADE COUNTY; URGING THE PUBLIC AND PRIVATE SECTORS TO SUPPORT THESE EVENTS; AND CALLING UPON MIAMI-DADE COUNTY RESIDENTS TO PARTAKE IN THESE EVENTS MEANT TO ENCOURAGE MORE MOBILITY VIA BIKING, WALKING, TRANSIT AND TRAILS [SEE ORIGINAL ITEM UNDER FILE NO. 151305] Adopted
Resolution R-594-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Note: The foregoing proposed resolution was adopted on July 1, 2015.  
  6/10/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit and Mobility Services Committee  
11A4  
  151463 Resolution     Daniella Levine Cava
Jean Monestime
       
  RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO APPLY FOR MIAMI-DADE COUNTY TO BE DESIGNATED AS A PARTICIPATING COMMUNITY OF ''CITIES FOR CITIZENSHIP''; DEVELOP AND IMPLEMENT A PLAN TO LAUNCH AN INITIATIVE IN FISCAL YEAR 2015-2016 THAT WILL PROMOTE INCREASING THE NUMBER OF LEGAL PERMANENT RESIDENTS IN MIAMI-DADE COUNTY WHO APPLY FOR CITIZENSHIP; IDENTIFY AND UTILIZE LEGALLY AVAILABLE FUNDING SOURCES IN THE FISCAL YEAR 2014-2015 COUNTY BUDGET TO LAUNCH A PUBLICITY CAMPAIGN DURING ''NATIONAL CITIZENSHIP MONTH'' TO RAISE AWARENESS ABOUT THE INITIATIVE; SUBMIT A STATUS REPORT [SEE ORIGINAL ITEM UNDER FILE NO. 151303] Amended
  REPORT: Note: See Agenda Item 11A4 AMENDED, Legislative File No. 151700 for the amended item.  
  6/11/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Prosperity Committee  
11A4 AMENDED  
  151700 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Daniella Levine Cava
Jean Monestime
       
  RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO APPLY FOR MIAMI-DADE COUNTY TO BE DESIGNATED AS A PARTICIPATING COMMUNITY OF �CITIES FOR CITIZENSHIP�; DEVELOP AND IMPLEMENT A PLAN TO LAUNCH AN INITIATIVE IN FISCAL YEAR 2015-2016 THAT WILL PROMOTE INCREASING THE NUMBER OF LEGAL PERMANENT RESIDENTS IN MIAMI-DADE COUNTY WHO APPLY FOR CITIZENSHIP; IDENTIFY AND UTILIZE LEGALLY AVAILABLE FUNDING SOURCES IN THE FISCAL YEAR 2014-2015 COUNTY BUDGET TO LAUNCH A PUBLICITY CAMPAIGN DURING �NATIONAL CITIZENSHIP MONTH� TO RAISE AWARENESS ABOUT THE INITIATIVE; SUBMIT A STATUS REPORT Adopted as amended
Resolution R-595-15
Mover: Daniella Levine Cava
Seconder: Audrey M. Edmonson
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Ms. Francesca Menes, 16851 NE 23 Avenue, North Miami Beach, representing the Florida Immigrant Coalition, appeared before the Board in support for the foregoing proposed resolution. She indicated that naturalization clinics for permanent residents were held throughout the County, and that additional efforts were needed to help more than 494,000 eligible residents in this national initiative.

Mr. Manuel Ernesto Gutierrez, 12310 SW 259 Street, Miami, appeared before the Board and spoke in support of the proposal, noting the benefits of being engaged citizens and a vested population. He said there were one half million legal permanent residents in Miami-Dade County who were eligible to become citizens. Mr. Gutierrez noted $3 billion projected economic growth over a five year period as a result of the foregoing proposal.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended to provide for the following changes:

1) The phrase �partnering with local organizations to host a total of 96 citizenships clinics that will be held countywide� in Section 2 on Handwritten Page 5 shall be replaced with the phrase �partnering with local organizations to assist with naturalization efforts countywide.�

2) The phrase �providing in-kind services to host the citizenship clinics, to recruit, train, and assist both legal and non-legal volunteers, and to publicize the dates, times, and locations of the citizenship clinics� in Section 2 on Handwritten Page 5 shall be replaced with the phrase �providing in-kind services to promote naturalization efforts, including, but not limited to, hosting citizenship clinics; recruiting, training, and assisting both legal and non-legal volunteers; and publicizing the dates, times, and locations of citizenship clinics or other organized events.�

3) The phrase �or other organized event� shall be added at the end of the phrase �or to their nearest and next available citizenship clinic� in Section 2 on Handwritten Page 5.

4) The phrase �The citizenship clinics will include� in Section 2 on Handwritten Page 5 shall be replaced with the phrase �The naturalization efforts can include.�
 
11A5  
  151414 Resolution     Audrey M. Edmonson
Jose "Pepe" Diaz
Barbara J. Jordan
Rebeca Sosa
       
  RESOLUTION APPROVING, PURSUANT TO SECTION 125.37, FLORIDA STATUTES, AN EXCHANGE AGREEMENT WITH MAPTON HOLDINGS, LLC FOR THE CONVEYANCE TO AND PURCHASE BY THE COUNTY OF TWO PARCELS OF LAND TOTALING APPROXIMATELY 15,715 SQUARE FEET AND LOCATED AT 2153 NW 2ND AVENUE AND 2145 NW 2ND AVENUE ALONG WITH IMPROVEMENTS TO BE BUILT FOR THE COUNTY THEREON AT A COST TO THE DEVELOPER OF NO LESS THAN $7,374,000.00, IN EXCHANGE FOR THE CONVEYANCE TO MAPTON HOLDINGS, LLC OF FOUR PARCELS OF VACANT LAND TOTALING APPROXIMATELY 60,560 SQUARE FEET AND LOCATED AT 270 NW 23RD STREET, 251 NW 22ND LANE, 205 NW 22ND LANE, AND 2268 NW 2ND AVENUE AND THE PURCHASE PRICE OF $2,500,000.00 TO BE FUNDED FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION FUND PROJECT NO. 324 � PUERTO RICAN COMMUNITY CENTER, SUBJECT TO SATISFACTION OF CONDITIONS; DECLARING FOUR COUNTY PARCELS SURPLUS, WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY PLANNING ADVISORY BOARD, AND AUTHORIZING CHAIRPERSON OR VICE-CHAIRPERSON OF THIS BOARD TO EXECUTE COUNTY DEED; DIRECTING COUNTY MAYOR OR DESIGNEE TO EXECUTE EXCHANGE AGREEMENT; AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE CERTAIN DELEGATED AUTHORITY AND ALL PROVISIONS CONTAINED IN EXCHANGE AGREEMENT, AND TO COMPLETE ALL ACTS NECESSARY TO EFFECTUATE THE EXCHANGE OF PROPERTIES [SEE ORIGINAL ITEM UNDER FILE NO. 151326] Amended
  REPORT: Note: See Agenda Item No. 11A5 AMENDED, Legislative File No. 151577 for the amended version.  
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
11A5 AMENDED  
  151577 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson
Rebeca Sosa
       
  RESOLUTION APPROVING, PURSUANT TO SECTION 125.37, FLORIDA STATUTES, AN EXCHANGE AGREEMENT WITH MAPTON HOLDINGS, LLC FOR THE CONVEYANCE TO AND PURCHASE BY THE COUNTY OF TWO PARCELS OF LAND TOTALING APPROXIMATELY 15,715 SQUARE FEET AND LOCATED AT 2153 NW 2ND AVENUE AND 2145 NW 2ND AVENUE ALONG WITH IMPROVEMENTS TO BE BUILT FOR THE COUNTY THEREON AT A COST TO THE DEVELOPER OF NO LESS THAN $7,374,000.00, IN EXCHANGE FOR THE CONVEYANCE TO MAPTON HOLDINGS, LLC OF FOUR PARCELS OF VACANT LAND TOTALING APPROXIMATELY 60,560 SQUARE FEET AND LOCATED AT 270 NW 23RD STREET, 251 NW 22ND LANE, 205 NW 22ND LANE, AND 2268 NW 2ND AVENUE AND THE PURCHASE PRICE OF $2,500,000.00 TO BE FUNDED FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION FUND PROJECT NO. 324 � PUERTO RICAN COMMUNITY CENTER, SUBJECT TO SATISFACTION OF CONDITIONS; DECLARING FOUR COUNTY PARCELS SURPLUS, WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY PLANNING ADVISORY BOARD, AND AUTHORIZING CHAIRPERSON OR VICE-CHAIRPERSON OF THIS BOARD TO EXECUTE COUNTY DEED; DIRECTING COUNTY MAYOR OR DESIGNEE TO EXECUTE EXCHANGE AGREEMENT; AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE CERTAIN DELEGATED AUTHORITY AND ALL PROVISIONS CONTAINED IN EXCHANGE AGREEMENT, AND TO COMPLETE ALL ACTS NECESSARY TO EFFECTUATE THE EXCHANGE OF PROPERTIES [SEE ORIGINAL ITEMS UNDER FILE NOS. 151326, 151414] Adopted as amended
Resolution R-525-15
Mover: Audrey M. Edmonson
Seconder: Rebeca Sosa
Vote: 12 - 1
No: Monestime
  REPORT: Assistant County Attorney Monica Rizzo noted an amendment to the foregoing proposed resolution was distributed on the dais earlier today (6/30) at the request of Commissioner Edmonson; and read the amendment into the record.

Commissioner Levine Cava inquired about the cost associated with the newly proposed amendment and whether or not the amendment would reduce the projected County revenue, and if so, would remediation costs be shared. She also inquired whether or not there were any environmental concerns.

Mr. Lee Solomon, Regulatory and Economic Resources Department, responded that there was no cost to the County and that a $4 million penalty was already built into the transaction in the event the developer violated the covenant and wanted to build greater than a single story. He commented that the cost associated with any environmental remediation issue would be deducted from the penalty and there were no direct County contribution.

In response to Commissioner Diaz�s inquiry, Mr. Solomon reported that he was not aware of any issues with the property, noting the foregoing proposal would provide fairness to the process should an issue be identified on a County property.

Commissioner Diaz indicated he would present legislation to require the County provide the buyer with information pertaining to environmental issues. He said that any advance knowledge needed to be disclosed upfront before money was invested.

Mr. Solomon noted any cleanup costs performed by the developer on County property would be deducted from the penalty. He said the developer was currently performing Phase 1 and Phase 2 Environmental Studies based upon restrictions identified in the title search to determine whether or not there were environmental concerns, and if so, to what extent were those concerns.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended to provide for the following corrections to the Declaration of Restrictive Covenants:

1) To add the language �] and recorded in the public records of Miami-Dade County at (�Exchange Agreement�))� immediately following �and the County dated [ ]).� on the first line of Handwritten Page 45.

2) To delete the word �or� immediately following �(a) thirty (30) years;� on the fourth line, Section 4 of Handwritten Page 45; and to add the language �or (d) pursuant to the terms of this Declaration.� immediately following �residential building is demolished,� on Line 6 of the same page.

3) To create a new Section 7, beginning with the language �It is further acknowledged �� on Line 4 of Section 6 on Handwritten Page 45.

4) To add the language �(�Height Limitation Liquidated Damages�).� immediately following �liquidated damages of $4,013,494� on Line 3, first paragraph of Handwritten Page 46.

5) To delete the language �liquidated damages� immediately following �If Developer pays the County� on Line 7, first paragraph of Handwritten Page 48; to add the language �either directly or by way of set-off, the maximum amount of Height Limitation, Liquidated Damages of $4,013,494� immediately following the previously added �liquidated damages� language; to add the word �total� immediately following �the County releases the Developer from the � on Line 8 of the same paragraph and to add the language �If Developer pays the County, either directly or by way of set-off, less than the maximum amount of Height Limitation Liquidated Damages, the County releases Developer form the Height Limitation only to the extent of payment or set-off as it equates to stories beyond the Height limitation and Developer remains subject to the balance of the Height Limitations as set forth herein.� to the end of the same paragraph.
 
11A6  
  151285 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION APPROVING MIAMI-DADE ECONOMIC ADVOCACY TRUST NOMINATING COUNCIL�S RECOMMENDATIONS FOR THE TRUST BOARD OF TRUSTEES; AND APPOINTING ELBERT WATERS, ALTHEA HARRIS, KATRINA WRIGHT, STEVE GALLON, III, BRIAN WILLIAMS, CHARLOTTE PITTMAN, KAREEM J. CONEY, RUBAN ROBERTS, MICHELLE LAPIANA, CRAIG EMMANUEL AND DR. LARRY CAPP AS BOARD OF TRUSTEES Adopted
Resolution R-596-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
11A6 SUPPLEMENT  
  151555 Supplement      
  SUPPLEMENTAL INFORMATION TO RESOLUTION APPROVING MIAMI-DADE ECONOMIC ADVOCACY TRUST NOMINATING COUNCIL'S RECOMMENDATION FOR THE TRUST BOARD OF TRUSTEES; AND APPOINTING ELBERT WATERS, ALTHEA HARRIS, KATRINA WRIGHT, STEVE GALLON, III, BRIAN WILLIAMS, CHARLOTTE PITTMAN, KAREEM J. CONEY, RUBAN ROBERTS, MICHELLE LA PIANA, CRAIG EMMANUEL AND DR. LARRY CAPP AS BOARD OF TRUSTEES(Clerk of the Board) Presented
Supplement
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A7  
  151094 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION WAIVING BY A TWO-THIRDS VOTE OF THE MEMBERS PRESENT THE TERM LIMIT RESTRICTION FOR CITIZENS� INDEPENDENT TRANSPORTATION TRUST MEMBER DR. ANNA E. WARD; AUTHORIZING THE RE-APPOINTMENT OF DR. ANNA E. WARD TO THE CITIZENS� INDEPENDENT TRANSPORTATION TRUST FOR ANOTHER TERM Adopted
Resolution R-597-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
11A7 SUPPLEMENT  
  151438 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING RESOLUTION WAIVING BY A TWO-THIRDS VOTE OF THE MEMBERS PRESENT THE TERM LIMIT RESTRICTION FOR CITIZENS' INDEPENDENT TRANSPORTATION TRUST MEMBER DR. ANNA E. WARD; AUTHORIZING THE RE-APPOINTMENT OF DR. ANNA E. WARD TO THE CITIZENS' INDEPENDENT TRUST FOR ANOTHER TERM(Clerk of the Board) Presented
11A8  
  151460 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson        
  RESOLUTION DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXPLORE THE FEASIBILITY OF EXTENDING THE LIVES OF THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND OMNI COMMUNITY REDEVELOPMENT AGENCY AND TO PREPARE AND SUBMIT A REPORT WITHIN 90 DAYS [SEE ORIGINAL ITEM UNDER FILE NO. 151298] Adopted
Resolution R-598-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Economic Prosperity Committee  
11A9  
  151301 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Audrey M. Edmonson
Daniella Levine Cava
       
  RESOLUTION AMENDING RESOLUTION NOS. R-1382-09 AND R-871-11 TO DIRECT THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE WHEN NEGOTIATING AMENDMENTS TO EXISTING INTERLOCAL COOPERATION AGREEMENTS OR THE EXECUTION OF NEW INTERLOCAL COOPERATION AGREEMENTS WITH COMMUNITY REDEVELOPMENT AGENCIES, AND, IF APPLICABLE, MUNICIPALITIES OR OTHER TAXING AUTHORITIES, TO INCLUDE A PROVISION ALLOWING COUNTY COMMISSIONERS IN THE ALTERNATIVE TO APPOINT DESIGNEES TO SERVE AS COMMISSIONERS OF SUCH COMMUNITY REDEVELOPMENT AGENCIES PURSUANT TO SECTIONS 163.356 OR 163.357, FLORIDA STATUTES Adopted
Resolution R-599-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
11A10  
  151381 Resolution   Sally A. Heyman
Barbara J. Jordan
Jean Monestime
       
  RESOLUTION APPROVING AMENDMENT TO IMPLEMENTING ORDER 2-12 RELATING TO MIAMI-DADE COUNTY DIVERSION PROGRAM TO INCLUDE VIOLATIONS OF SECTIONS 21-81(D)(1) THROUGH AND INCLUDING 21-81(D)(7) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL RIGHTS CONTAINED THEREIN (SEE ORIGINAL ITEM UNDER FILE NO. 151153) [SEE AGENDA ITEM NO. 7A] Amended
  REPORT: Note: See Agenda Item No. 11A10 AMENDED, Legislative File No. 151576 for the amended version.  
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
11A10 AMENDED  
  151576 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sally A. Heyman
Barbara J. Jordan
       
  RESOLUTION APPROVING AMENDMENT TO IMPLEMENTING ORDER 2-12 RELATING TO MIAMI-DADE COUNTY DIVERSION PROGRAM TO INCLUDE VIOLATIONS OF SECTIONS 21-81(D)(1) THROUGH AND INCLUDING 21-81(D)(7) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL RIGHTS CONTAINED THEREIN (SEE ORIGINAL ITEM UNDER FILE NO. 151381) (SEE AGENDA ITEM NO. 151584) Adopted as amended
Resolution R-526-15
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 9 - 3
No: Sosa , Souto , Bovo, Jr.
Absent: Suarez
  REPORT: Chairman Monestime opened the meeting to public comment on the foregoing proposed resolution; and seeing no one appearing wishing to be heard, closed the public hearing.

Assistant County Attorney Christopher Angell read amendments to the foregoing proposed resolution into the record.

It was moved by Commissioner Heyman that the foregoing proposed resolution be adopted as amended to add the language �Regardless of whether Option 1 or Option 2 above are selected, anyone receiving a civil violation notice for a violation of 21-81 (d) (6) for Possession of Cannabis and/or 21-81 (d)(7) for Possession of Drug Paraphernalia shall also be provided information concerning substance abuse assessment programs and substance abuse treatment programs. This information will be provided by the Diversion Program.� immediately following the last paragraph of the Section entitled �Option 2 (Community Service in lieu of any payment)� on Handwritten Page 8. This motion was seconded by Commissioner Jordan, and upon being put to a vote, passed by a vote of 8-5 (Commissioners Bovo, Diaz, Sosa, Souto and Zapata voted "No").

Following a motion by Commissioner Diaz and a second by Commissioner Sosa, the foregoing motion was subsequently reconsidered to clarify the amended language.

Assistant County Attorney Angell clarified that the amended language read into the record was different from the version previously distributed at the request of Commissioner Jordan.

Commissioner Jordan reported that the original amendment distributed would have been costly to the County.

Commissioner Zapata noted the revised amendment removed the language �shall also participate� from the original version and provided information on the diversion program.

Commissioner Jordan clarified that the provisions were in addition to paying the fines and that information on drug treatment programs would be provided upon the being issued the first citation.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended, to add the language �Regardless of whether Option 1 or Option 2 above are selected, anyone receiving a civil violation notice for a violation of 21-81 (d) (6) for Possession of Cannabis and/or 21-81 (d) (7) for Possession of Drug Paraphernalia shall also be provided information concerning substance abuse assessment programs and substance abuse treatment programs. This information will be provided by the Diversion Program.� immediately following the last paragraph of the Section entitled �Option 2 (Community Service in lieu of any payment)� on Handwritten Page 8.

Following the vote, Commissioner Diaz inquired whether or not Commissioner Heyman would be introducing additional legislation to which Commissioner Heyman reported there was already a provision for collecting data, a policy for setting recidivism with the Florida Chiefs, and there was an established diversion program.

Commissioner Diaz said he would convene a Sunshine meeting to further discuss his concerns regarding this proposal.
 
11A11  
  151287 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION AMENDING RESOLUTION NO. R-749-11 TO EXEMPT TWO UNITS OF THE TOTAL 220 UNITS FROM THE AFFORDABILITY REQUIREMENTS IN THE GRANT AND RENTAL REGULATORY AGREEMENTS, ALL IN CONNECTION WITH A $2,000,000.00 GRANT FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NUMBER 249 - ''PRESERVATION OF AFFORDABLE HOUSING UNITS AND EXPANSION OF HOME OWNERSHIP'' FOR VILLA CAPRI, AND DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO MAKE THE NECESSARY AMENDMENTS TO THE RENTAL REGULATORY AGREEMENT Adopted
Resolution R-600-15
Mover: Sally A. Heyman
Seconder: Bruno A. Barreiro
Vote: 12 - 0
Absent: Diaz
  6/11/2015 Forwarded to BCC with a favorable recommendation by the Economic Prosperity Committee  
11A12  
  151108 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss        
  RESOLUTION APPROVING THE JOINT USE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA FOR AN INITIAL TERM OF FIVE YEARS TO COMMENCE WITH THE NEW FISCAL YEAR ON OCTOBER 1, 2015 AND TWO RENEWAL TERMS OF FIVE YEARS EACH, ALL FOR A RENT PAYMENT BY THE COUNTY TO THE SCHOOL BOARD OF $1.00 PER YEAR; DIRECTING THE COUNTY MAYOR OR DESIGNEE TO IDENTIFY FUNDING SOURCE TO PAY FOR THE COUNTY�S OBLIGATIONS UNDER THE AGREEMENT AND TO INCLUDE SAME WITHIN THE PARKS, RECREATION, AND OPEN SPACES DEPARTMENT�S BUDGET FOR FISCAL YEAR 2015-16 AND THE DURATION OF THE AGREEMENT, AND TO EXECUTE THE AGREEMENT AND EXERCISE THE PROVISIONS THEREIN, EXCEPT THE PROVISION FOR CANCELLATION FOR CONVENIENCE Adopted
Resolution R-601-15
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Strategic Planning & Government Operations Cmte  
11A13  
  151389 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Daniella Levine Cava
       
  RESOLUTION ESTABLISHING COUNTY POLICY TO IMPLEMENT ADDITIONAL MIAMI-DADE POLICE DEPARTMENT RECRUITING CLASSES, AS AND WHEN NECESSARY, TO OFFSET THE ANTICIPATED LOSS OF OFFICERS DUE TO RETIREMENT OR ENROLLMENT IN THE DEFERRED RETIREMENT OPTION PROGRAM; AND DIRECTING THE COUNTY MAYOR OR THE MAYOR�S DESIGNEE TO PREPARE AND SUBMIT A REPORT TO THIS BOARD REGARDING A PLAN FOR IMPLEMENTATION OF THIS POLICY AND TO INCLUDE THE PLAN FOR IMPLEMENTATION OF THE POLICY AS PART OF THE COUNTY BUDGET COMMENCING FISCAL YEAR 2015-16 [SEE ORIGINAL ITEM UNDER FILE NO. 150994] Adopted
Resolution R-602-15
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 13 - 0
  6/10/2015 Forwarded to BCC without a recommendation by the Metropolitan Services Committee  
11A14  
  151092 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PROVIDE A WRITTEN REPORT TO THE BOARD WITHIN 45 DAYS REGARDING THE STATUS AND PROGRESS OF THE ADOPT-A-PARK PROGRAM OVER THE PAST FIVE YEARS Adopted
Resolution R-603-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Unincorporated Municipal Service Area (UMSA) Cmte  
11A15  
  151152 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO MAINTAIN COUNTY VEHICLES AND HEAVY EQUIPMENT USED IN PUBLIC AREAS OF MIAMI-DADE COUNTY PARKS WITHIN BUDGETED FUNDS IN A MANNER THAT DOES NOT DETRACT FROM THE SCENIC BEAUTY OF THE COUNTY�S PARKS; DIRECTING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO PREPARE AND SUBMIT A REPORT TO THE BOARD ON THE STATUS OF THE IMPLEMENTATION OF THE BOARD�S DIRECTIVE TO ADEQUATELY MAINTAIN COUNTY VEHICLES AND EQUIPMENT USED IN PUBLIC AREAS OF MIAMI-DADE COUNTY PARK Adopted
Resolution R-604-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation by the Unincorporated Municipal Service Area (UMSA) Cmte  
11A16  
  151466 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO ORGANIZE A CHARRETTE AND FACILITATE THE PREPARATION OF A CHARRETTE REPORT FOR HORSE COUNTRY AND PLACE THE COMPLETED REPORT ON AN AGENDA OF THIS BOARD [SEE ORIGINAL ITEM UNDER FILE NO. 151155] Adopted
Resolution R-605-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Unincorporated Municipal Service Area (UMSA) Cmte  
11A17  
  151091 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Esteban L. Bovo, Jr.
Jose "Pepe" Diaz
Audrey M. Edmonson
Rebeca Sosa
       
  RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT A REPORT EXAMINING THE FEASIBILITY OF USING LAND OWNED, USED OR CONTROLLED BY THE COUNTY FOR MASS TRANSIT PROJECTS AND URGING THE COUNTY MAYOR TO CONSIDER THE FEASIBILITY OF MASS TRANSIT PROJECTS BEFORE FUTURE ACQUISITIONS, USES, SALES, OR DEDICATIONS OF SUCH LAND FOR OTHER USES Adopted
Resolution R-606-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Transit and Mobility Services Committee  
11A18  
  151449 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Audrey M. Edmonson
       
  RESOLUTION DIRECTING THE MAYOR OR THE MAYOR�S DESIGNEE TO ESTABLISH A SPECIALIZED WASTE CLEANUP UNIT TO SERVE THE UNINCORPORATED MUNICIPAL SERVICE AREA IN ORDER TO PRIORITIZE AND DEDICATE ADDITIONAL RESOURCES TO BULKY WASTE COLLECTION, ILLEGAL DUMPING, AND GRAFFITI REMOVAL IN THIS AREA USING LEGALLY AVAILABLE FUNDS AND IF SUCH FUNDS ARE NOT AVAILABLE, DIRECTING THE MAYOR OR THE MAYOR�S DESIGNEE TO INCLUDE A PLAN FOR IMPLEMENTATION OF THE SPECIALIZED WASTE CLEANUP UNIT AS PART OF THE FISCAL YEAR 2015-2016 COUNTY BUDGET; ESTABLISHING DUTIES OF THE SPECIALIZED WASTE CLEANUP UNIT AND DIRECTING THE MAYOR OR THE MAYOR�S DESIGNEE TO SUBMIT A STATUS REPORT ON SUCH EFFORTS AND ANY RELEVANT FUNDING NEEDS [SEE ORIGINAL ITEM UNDER FILE NO. 151157] Adopted
Resolution R-607-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/9/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Unincorporated Municipal Service Area (UMSA) Cmte  
11A19  
  151461 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto        
  RESOLUTION DIRECTING THE MAYOR OR MAYOR�S DESIGNEE TO PROVIDE A REPORT IDENTIFYING THE NUMBER OF MULTI-AXLE VEHICLES AND TRAILERS REGISTERED IN MIAMI-DADE COUNTY, THE IMPACT ON TRAFFIC PATTERNS AND COUNTY ROAD SURFACES CAUSED BY SUCH VEHICLES, AND THE AMOUNT OF TAXES PAID, IF ANY, BY REGISTERED MULTI-AXLE VEHICLE OWNERS [SEE ORIGINAL ITEM UNDER FILE NO. 151194] Adopted
Resolution R-608-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Transit and Mobility Services Committee  
11A20  
  151447 Resolution     Sen. Javier D. Souto
Audrey M. Edmonson
Sally A. Heyman
Rebeca Sosa
       
  RESOLUTION AFFIRMING MIAMI-DADE COUNTY�S SUPPORT OF PROVIDING OPPORTUNITIES FOR ITS RESIDENTS TO LEARN AND IMPROVE SPANISH, CREOLE AND ENGLISH LANGUAGES AT NO COST TO SUCH RESIDENTS; AUTHORIZING THE USE OF SPACE AT THE COUNTY�S FOUR REGIONAL LIBRARY BRANCHES TO HOLD AT LEAST WEEKLY CLASSES FOR TEACHING SUCH SPANISH, CREOLE AND ENGLISH CLASSES IN THE EVENING HOURS CONSISTENT WITH EXISTING LIBRARY HOURS; DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO SEEK VOLUNTEERS AND TO WORK WITH ALL UNIVERSITIES AND COLLEGES IN MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM TO PROVIDE INSTRUCTORS FOR SUCH CLASSES AT NO COST TO THE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 151151] Amended
  REPORT: Note: See Agenda Item No. 11A20 AMENDED, Legislative File No. 151701 for the amended version.  
  6/9/2015 Forwarded to BCC with a favorable recommendation with committee amendment(s) by the Unincorporated Municipal Service Area (UMSA) Cmte  
11A20 AMENDED  
  151701 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Sen. Javier D. Souto
Audrey M. Edmonson
Sally A. Heyman
Rebeca Sosa
       
  RESOLUTION AFFIRMING MIAMI-DADE COUNTY�S SUPPORT OF PROVIDING OPPORTUNITIES FOR ITS RESIDENTS TO LEARN AND IMPROVE SPANISH, CREOLE AND ENGLISH LANGUAGES AT NO COST TO SUCH RESIDENTS; AUTHORIZING THE USE OF SPACE AT ALL THE COUNTY�S REGIONAL AND SUB-REGIONAL LIBRARY BRANCHES TO HOLD AT LEAST WEEKLY CLASSES FOR TEACHING SUCH SPANISH, CREOLE AND ENGLISH CLASSES IN THE EVENING HOURS CONSISTENT WITH EXISTING LIBRARY HOURS; DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO SEEK VOLUNTEERS AND TO WORK WITH ALL UNIVERSITIES AND COLLEGES IN MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM TO PROVIDE INSTRUCTORS FOR SUCH CLASSES AT NO COST TO THE COUNTY [SEE ORIGINAL ITEMS UNDER FILE NOS. 151151, 151447] Adopted as amended
Resolution R-609-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 13 - 0
  REPORT: The foregoing proposed resolution was adopted, as amended, to replace the first sentence of Section 3 on Handwritten Page 4 with the following language: �This Board directs the County Mayor or the County Mayor�s designee to make space available at all regional and sub-regional library branches (the West Dade, West Kendall, South Dade, North Dade, and Miami Beach regional branches and the Coral Gables and Northeast Dade-Aventura sub-regional branches) after 5:00 p.m. on weekdays at least once per week for at least one hour per session, but within such libraries� normal operating hours, with such classes to be offered on different days at each of the regional and sub-regional libraries so as to maximize the availability of such classes�.  
11A21  
  151286 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Xavier L. Suarez        
  RESOLUTION WAIVING BY A TWO-THIRDS VOTE OF MEMBERS PRESENT THE TERM LIMIT RESTRICTION FOR MIAMI-DADE COUNTY YOUTH COMMISSION MEMBER GIA CASTILLO; AND AUTHORIZING REAPPOINTMENT FOR ADDITIONAL TERM Adopted
Resolution R-610-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  6/10/2015 Forwarded to BCC with a favorable recommendation by the Metropolitan Services Committee  
11A21 SUPPLEMENT  
  151457 Supplement      
  SUPPLEMENTAL INFORMATION REGARDING RESOLUTION WAIVING BY A TWO-THIRDS VOTE OF MEMBERS PRESENT THE TERM LIMIT RESTRICTION FOR MIAMI-DADE COUNTY YOUTH COMMISSION MEMBER GIA CASTILLO; AND AUTHORIZING REAPPOINTMENT FOR ADDITIONAL TERM(Clerk of the Board) Presented
11A22  
  151297 Resolution     Juan C. Zapata        
  RESOLUTION ESTABLISHING POLICY REQUIRING, SOLELY AT THE COST OF A COMMUNITY REDEVELOPMENT AGENCY, THE PREPARATION AND SUBMISSION OF AN UPDATED FINDING OF NECESSITY STUDY THAT DEMONSTRATES THAT SLUM OR BLIGHT STILL EXISTS WITHIN A DESIGNATED COMMUNITY REDEVELOPMENT AREA WHENEVER A COMMUNITY REDEVELOPMENT AGENCY SEEKS APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS TO EXTEND THE LIFE OF SUCH COMMUNITY REDEVELOPMENT AGENCY AND THE COMMUNITY REDEVELOPMENT AREA Amended
  REPORT: Note: See Agneda Item No. 11A22 AMENDED, Legislative File No. 151694 for the amended version.  
  6/11/2015 Forwarded to BCC without a recommendation by the Economic Prosperity Committee  
11A22 AMENDED  
  151694 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Juan C. Zapata        
  RESOLUTION ESTABLISHING POLICY REQUIRING, SOLELY AT THE COST OF A COMMUNITY REDEVELOPMENT AGENCY, THE PREPARATION AND SUBMISSION OF AN ASSESSMENT OF NEED STUDY THAT DEMONSTRATES THAT SLUM OR BLIGHT STILL EXISTS WITHIN A DESIGNATED COMMUNITY REDEVELOPMENT AREA WHENEVER A COMMUNITY REDEVELOPMENT AGENCY SEEKS APPROVAL FROM THE BOARD OF COUNTY COMMISSIONERS TO EXTEND THE LIFE OF SUCH COMMUNITY REDEVELOPMENT AGENCY AND THE COMMUNITY REDEVELOPMENT AREA; AND DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO PREPARE AND SUBMIT A REPORT RELATED TO THE CRITERIA FOR AN ASSESSMENT OF NEED STUDY [SEE ORIGINAL ITEM UNDER FILE NO. 151297] Adopted as amended
Resolution R-611-15
Mover: Juan C. Zapata
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Assistant County Attorney Terrence Smith read amendments to the foregoing proposed resolution into the record on behalf of Commissioner Zapata.

In response to Commissioner Jordan�s inquiry regarding the average cost associated with the assessment of need versus a finding of necessity, Commissioner Zapata responded that an assessment of need was not conducted; however, noted the finding of necessity study was a lower threshold than the assessment of need study. He noted the 79th Street Community Redevelopment Agency (CRA) necessity study cost $28,000; the Naranja CRA study cost $28,000 and the Metro Zoo CRA study cost $39,000. Commissioner Zapata projected this study would cost less. He said the Board needed to ensure there was still slum and blight areas within the CRA before extending the life of the CRA and funds be used for other priorities when necessary.

Commissioner Jordan questioned the number of CRA�s within the County and the number of extensions granted within the last couple of years.

Mr. Jorge Fernandez, Coordinator, Office of Management and Budget, responded that approximately four extensions were previously granted. He noted he believed the City of North Miami would be requesting an extension in the near future.

Chairman Monestime requested that Commissioner Zapata accept a friendly amendment to include CRA�s that were older than ten years.

Commissioner Diaz noted the need to thoroughly analyze whether or not a CRA�s met the threshold and needed additional help.

Commissioner Edmonson stated that she did not believe Commissioner Jordan�s question about the cost of the assessment of need was addressed, as well as the difference between the two reports.

Mr. Fernandez responded that he would need to obtain cost information from a consultant for the proposed work.

Assistant County Attorney Smith indicated that the finding of necessity study was not defined by Statute; however, the Statute did define what the findings would look like. He indicated that Statute No. 163.355 detailed the items contributing to slum or blight, and necessity of establishing a CRA. Assistant County Attorney Smith clarified that Commissioner Zapata was suggesting that the term finding of necessity should be called assessment of need.

Commissioner Levine Cava questioned whether or not the renewal could be accomplished with not as much time, energy or expense.

Commissioner Edmonson stated that the CRA may not be able to afford another finding of necessity, and inquired whether or not any other options to reduce costs existed.

Assistant County Attorney Smith responded that a finding of necessity had already been completed, so the required work would provide an update on the CRA�s operations, access the needs of the CRA and the area, and would not be as extensive.

Commissioner Zapata pointed out that the only thing to be established was that the conditions for still slum and blight still existed.

Commissioners Edmonson and Moss asked staff to develop specific criteria for an assessment of need to be approved by the Board.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended to 1) remove the language �updated finding of necessity� and insert �assessment of needs� to Line 2, in the second WHEREAS Clause on Handwritten Page 7 and to make the same change to Line 2, Section 2 of the NOW, THEREFORE, Clause on the same page; 2) to add the definition �For purposes of this Resolution, the term assessment of needs study is defined as a study developed by an independent consultant that assesses whether slum or blight still exists in a community redevelopment area, assesses the needs of the residents residing in and businesses located within a community redevelopment area and addresses the needs and priorities of the community redevelopment area and the community redevelopment agency and addresses the steps needed to be taken by the community redevelopment agency to remove slum or blight from the community redevelopment area�; 3) to remove the language �finding of necessity� and insert �assessment of needs� to the last line of the same paragraph; 4) to add the language �Notwithstanding the foregoing requirements set forth herein, this Board hereby exempts those community redevelopment agencies which have existed for ten years or less from the requirements of this resolution� to the end of Section 2, Handwritten Page 7; and to direct the County Mayor or the County Mayor�s designee to provide a report to the Board setting forth the criteria for the assessment of need study within 60 days of the effective date of the resolution.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
11A23  
  151359 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jose "Pepe" Diaz        
  RESOLUTION URGING CONGRESS TO ENACT THE FAIR AND TRANSPARENT STAKEHOLDER INVOLVEMENT FEE ACT, H.R. 1091, OR SIMILAR LEGISLATION, WHICH REQUIRES THE UNITED STATES SECRETARY OF AGRICULTURE TO USE NEGOTIATED RULEMAKING TO DEVELOP A REASONABLE RULE REGARDING AGRICULTURE QUARANTINE INSPECTIONS AND FEES Adopted
Resolution R-612-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A24  
  151454 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Dennis C. Moss
Audrey M. Edmonson
       
  RESOLUTION URGING CONGRESS TO ENFORCE THE REQUIREMENT THAT EMPLOYMENT OF AN H-1B EMPLOYEE WILL NOT ADVERSELY AFFECT THE WAGES AND WORKING CONDITIONS OF SIMILARLY EMPLOYED UNITED STATES EMPLOYEES Adopted
Resolution R-613-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A25  
  151357 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Daniella Levine Cava
Sally A. Heyman
       
  RESOLUTION SUPPORTING THE RECENT PLEDGE BY THE UNITED STATES TO CUT GREENHOUSE GAS EMISSIONS BY UP TO 28 PERCENT OVER THE NEXT DECADE Adopted
Resolution R-614-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A26  
  151451 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Audrey M. Edmonson
       
  RESOLUTION SUPPORTING CONGRESSMAN CARLOS CURBELO�S AMENDMENT TO THE ''STUDENT SUCCESS ACT,'' OR SIMILAR LEGISLATION THAT WOULD ALLOW STUDENTS WHO ARE ENGLISH LEARNERS ADEQUATE TIME TO LEARN THE ENGLISH LANGUAGE BEFORE THEIR TEST SCORES ARE INCLUDED IN SCHOOL AND TEACHER PROFICIENCY CALCULATIONS Adopted
Resolution R-615-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A27  
  151502 Resolution     Jean Monestime
Daniella Levine Cava
       
  RESOLUTION CONDEMNING THE DOMINICAN REPUBLIC�S IMPENDING MASS DEPORTATION OF HAITIAN IMMIGRANTS Withdrawn
  REPORT: Note: See Agenda Item No. 11A27 SUBSTITUTE, Legislative File No. 151562.  
11A27 SUB  
  151562 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime        
  RESOLUTION CONDEMNING THE DOMINICAN REPUBLIC�S IMPENDING MASS DEPORTATION OF HAITIAN IMMIGRANTS; AND URGING THE DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAW, AND HALT ALL IMPENDING DEPORTATIONS (SEE ORIGINAL ITEM UNDER FILE NO. 151502) Adopted
Resolution R-527-15
Mover: Dennis C. Moss
Seconder: Jean Monestime
Vote: 13 - 0
  REPORT: First County Attorney Abigail Price Williams indicated a motion was in order to add the foregoing proposed resolution to the meeting agenda.

It was moved by Commissioner Moss that the foregoing proposed resolution be added to today�s (6/30) agenda. This motion was seconded by Commissioner Bovo, and upon being put to a vote passed by a vote of 13-0.

Dr. Pandwe Gibson, 667 NW 90 Street, Miami, appeared before the Board in connection with the foregoing proposed resolution and noted the need for stronger language relating to the Dominican Republic�s deportation of Haitian nationals from its territory that would sanction tourism and commerce, similar to legislation enacted by the Mayor of New York City.

Ms. Francesca Menes, 16851 NE 23 Avenue, North Miami Beach, representing the Florida Immigrant Coalition, appeared before the Board in support of the foregoing proposed resolution.

Mr. Edward Shohat, 800 Brickell Avenue, Miami, Vice Chair, Miami-Dade County Community Relations Board (CRB), appeared before the Board and commented on the CRB�s concern about the mass deportation of Haitians from the Dominican Republic.

Hearing no further comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
 
11A28  
  151503 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Jean Monestime
Daniella Levine Cava
       
  RESOLUTION DIRECTING THE MAYOR OR MAYOR'S DESIGNEE TO REPORT TO THE BOARD REGARDING THE PAST, CURRENT, AND FUTURE MANAGEMENT OF SPECIAL TAXING DISTRICTS Adopted
Resolution R-616-15
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
11A29  
  151570 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Rebeca Sosa
Jose "Pepe" Diaz
Juan C. Zapata
       
  RESOLUTION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO INCLUDE THE UNDERLINE, THE LUDLAM TRAIL, THE BISCAYNE-EVERGLADES GREENWAY AND BLACK CREEK TRAIL IN THE FLORIDA SHARED-USE NONMOTORIZED TRAIL NETWORK PROGRAM, AS WELL AS FUNDING FOR THESE TRAILS IN THE 2015-16 STATE FISCAL YEAR BUDGET Adopted
Resolution R-617-15
Mover: Jose "Pepe" Diaz
Seconder: Daniella Levine Cava
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
11B ADDITIONAL BUDGET ALLOCATIONS  
11B1  
  151646 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 1) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocations were made from fiscal year (FY) 2014/15 District 1 Office Budget Funds as requested by Commissioner Jordan:

$2,846 to Miami-Dade Parks Foundation (for District 1 community parks activity funds)
$3,000 to City of Miami Gardens (swimming program/learn to swim scholarships)
$2,000 to City of Opa-Locka (swimming program/learn to swim scholarships)

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B2  
  151647 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 3) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocations were made from fiscal year (FY) 2014/15 District 3 Office Budget Funds as requested by Commissioner Edmonson:

$3,000 to Nat�s Catering (Re: Annual Senior�s4th of July Event)
Reimbursement of P-Card in the amount of $125.00 charged to Mr. Boneless, Inc., for BBQ Luncheon for residents affected by the fire at Brownsville Transit Village IV.

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B3  
  151648 Report      
  REIMBURSEMENT FROM COMMUNITY-BASED ORGANIZATION - OFFICE ACCOUNT FUNDS (DISTRICT 4) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocations were reimbursed from Community Based Organization � District 4 Office Account Funds as requested by Commissioner Heyman:

$100 from Sunflower Society
$250 from North Miami Foundation
$100 from Women�s Breast Health
$45 from The Children�s Trust Champions for Children

For the record, Commissioner Heyman asked to be reimbursed $319.51 for expenses related to various District 4 Events.

Additionally, Commissioner Heyman asked to allocate a Scholar�s Merit Award to Rosalia Montero from the District 4 Office Account in the amount of $900.00.

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B4  
  151649 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 6) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocations were made from fiscal year (FY) 2014/15 District 6 Office Budget Funds as requested by Commissioner Sosa:

$1,000 to Florida International University Foundation, Inc./Danny A. Pino Memorial Scholarship Endowment
$1,000 to Optimist Club of Miami Springs Florida, Inc.

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B5  
  151650 Report      
  ALLOCATION OF MIAMI OEN TICKET REVENUE FOR 2015 (DISTRICT 7) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: At the January 21, 2015, Miami-Dade County Board of County Commissioners� meeting, the Board adopted Resolution R-22-15, approving the Letter of Agreement between Miami-Dade County and the International Players Association, Inc., for the 2015 Miami Open Tennis Tournament. The County will accept a one-time cash payment from IPC of $102,000.00 for the 2015 Tournament in lieu of the courtside boxes, tickets and passes as noted within the current agreement.

The funds of $102,000.00 received from IPC were divided equally among the 13 County Commission Districts, in an amount of $7,845.00 per Commission District. The funds were deposited by the Office of Management and Budget (OMB) into a separate account and OMB will manage the District allocations.

Commissioner Suarez asked that the Miami Open Tennis Tournament Funds (District 7) be allocated as follows:

$1,000 be allocated to the City of South Miami for the Murray Aquatic Center
$1,000 be allocated to the City of Miami for the Varrick Park Pool

For the record, Commissioner Suarez asked that these funds shall be used to defray entrance fees for children. Any surplus funds shall rollover to the following year�s operation.

For the record, Commissioner Suarez motion for �Amend Resolution R-464-15 correcting the organization�s name from Coconut Grove Collaborative to Collaborative Development Corporation, increasing the District 7 office allocation to $58,577.00 from $50,400.00, allocating $5,400 from the FY 2014/15 Office of Community Advocacy Office Funds, and authorizing the Mayor or his designee to execute all necessary agreements.

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B6  
  151651 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 9) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocation was made from fiscal year (FY) 2014/15 District 9 Office Budget Funds as requested by Commissioner Moss:

$500 to The National Association of The Bahamas (to support their Annual Scholarship Gala Event)

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B7  
  151652 Report      
  ALLOCATION OF MIAMI OPEN TICKET REVENUE FOR 2015 (DISTRICT 9) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: At the January 21, 2015, Miami-Dade County Board of County Commissioners� meeting, the Board adopted Resolution R-22-15, approving the Letter of Agreement between Miami-Dade County and the International Players Association, Inc., for the 2015 Miami Open Tennis Tournament. The County will accept a one-time cash payment from IPC of $102,000.00 for the 2015 Tournament in lieu of the courtside boxes, tickets and passes as noted within the current agreement.

The funds of $102,000.00 received from IPC were divided equally among the 13 County Commission Districts, in an amount of $7,845.00 per Commission District. The funds were deposited by the Office of Management and Budget (OMB) into a separate account and OMB will manage the District allocations.

Commissioner Moss asked that the Miami Open Tennis Tournament Funds (District 9) be allocated as follows:

$1,000 to the Leisure City/Modello Optimist Club of Florida, Inc. (for payment to Miami Dade Xtreme Youth Football League to assist with the cost of refurbished helmets for the football players in the league)

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B8  
  151653 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 12) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocation was made from fiscal year (FY) 2014/15 District 12 Office Budget Funds as requested by Commissioner Diaz:

$550 to Greater Miami Chamber of Commerce

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B9  
  151654 Report      
  ALLOCATION OF MIAMI OPEN TICKET REVENUE FOR 2015 (DISTRICT 12) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: At the January 21, 2015, Miami-Dade County Board of County Commissioners� meeting, the Board adopted Resolution R-22-15, approving the Letter of Agreement between Miami-Dade County and the International Players Association, Inc., for the 2015 Miami Open Tennis Tournament. The County will accept a one-time cash payment from IPC of $102,000.00 for the 2015 Tournament in lieu of the courtside boxes, tickets and passes as noted within the current agreement.

The funds of $102,000.00 received from IPC were divided equally among the 13 County Commission Districts, in an amount of $7,845.00 per Commission District. The funds were deposited by the Office of Management and Budget (OMB) into a separate account and OMB will manage the District allocations.

Commissioner Diaz asked that the Miami Open Tennis Tournament Funds (District 12) be allocated as follows:

$3,150 to Town of Medley
$3,000 to Village of Virginia Gardens
$1,695 to North Trail Park

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11B10  
  151655 Report      
  ALLOCATION OF (FY) 2014/15 OFFICE BUDGET FUNDS (DISTRICT 13) Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The following funding allocations were made from fiscal year (FY) 2014/15 District 13 Office Budget Funds as requested by Vice Chairman Bovo:

$500 to the Florida International University Foundation, Inc.
$300 to Our Lady of the Lakes Catholic School

Note: The foregoing proposed allocation was approved on July 1, 2015.
 
11C REPORTS  
12 COUNTY MAYOR  
13 COUNTY ATTORNEY  
14 ITEMS SUBJECT TO 4-DAY RULE  
14A1  
  151531 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION RATIFYING THE ACTIONS OF THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE IN APPLYING FOR, RECEIVING, AND EXPENDING $324,500.00 IN GRANT FUNDS AWARDED BY, AND EXECUTING VARIOUS GRANT AGREEMENTS WITH, THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS FOR LIFE SAVING PROGRAMS FOR ANIMALS AND TO REDUCE COMMUNITY PET OVERPOPULATION AND SHELTER INTAKE AND APPROVING TERMS AND CONDITIONS OF SUCH GRANT AGREEMENTS(Animal Services) Adopted
Resolution R-618-15
Mover: Daniella Levine Cava
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
14A2  
  151529 Ordinance   Daniella Levine Cava
Sally A. Heyman
Juan C. Zapata
       
  ORDINANCE RELATING TO PROTECTION OF EMPLOYEES DISCLOSING SPECIFIED INFORMATION; AMENDING CHAPTER 2, ARTICLE IV, DIVISION 6 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO EXPAND THE METHODS FOR MAKING PROTECTED DISCLOSURES AND FACILITATE DISCLOSURE OF INFORMATION TO THE INSPECTOR GENERAL; AMENDING PROVISIONS REGARDING REMEDIES AND THE REVIEW PROCESS OF THE COMMISSION ON ETHICS AND PUBLIC TRUST; PROVIDING FOR INVESTIGATIONS BY THE INSPECTOR GENERAL AND NOTICE OF STATE LAW CONFIDENTIALITY PROTECTIONS AND CONSEQUENCES OF PROVIDING FALSE INFORMATION PURSUANT TO THIS SECTION; AMENDING PROVISIONS REGARDING INVESTIGATIONS AND DETERMINATIONS BY THE ETHICS COMMISSION; PROVIDING FOR OUTREACH, INFORMATION AND TRAINING FOR COUNTY EMPLOYEES; DELETING AWARDS PROGRAM REMEDIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: August 25, 2015
Ordinance 15-120
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Strategic Planning & Government Operations Committee (SPGOC) on Tuesday, August 25, 2015 at 9:30 a.m.
 
14A3  
  151554 Ordinance   Barbara J. Jordan
Daniella Levine Cava
Sally A. Heyman
       
  ORDINANCE AMENDING CHAPTER 17, ARTICLE IX OF THE CODE OF MIAMI-DADE COUNTY RELATING TO THE WORKFORCE HOUSING DEVELOPMENT PROGRAM ADMINISTRATION; AMENDING DEFINITION OF THE TERMS ''WORKFORCE HOUSING RENT'' OR ''WHU RENT''; SETTING MINIMUM AMOUNT OF COUNTY MORTGAGE; UPDATING INCORRECT CODE REFERENCE; UPDATING TERMINOLOGY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-63
Mover: Esteban L. Bovo, Jr.
Seconder: Jean Monestime
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

Following the vote, County Attorney Cuevas noted Chairman Monestime requested that the Board�s Rules of Procedure be suspended so that the foregoing proposed ordinance be taken out of committee review and placed on the July 14, 2015 Board of County Commissioners meeting agenda.

It was moved by Commissioner Bovo that the foregoing proposed ordinance be scheduled for public hearing before the Board of County Commissiners on July 14, 2015, at 9:30 a.m. This motion was seconded by Chairman Monestime, and upon being put to a vote, passed by a vote of 13-0.
 
14A4  
  151522 Ordinance   Juan C. Zapata        
  ORDINANCE GRANTING PETITION OF INTERLAKEN COMMUNITY DEVELOPMENT DISTRICT (''DISTRICT'' OR ''PETITIONER'') TO EXPAND THE BOUNDARY OF THE DISTRICT ESTABLISHED BY ORDINANCE NO. 11-101; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: July 14, 2015
Ordinance 15-82
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, July 14, 2015 at 9:30 a.m.
 
14A5  
  151560 Ordinance   Jose "Pepe" Diaz        
  ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, KNOWN AND DESCRIBED AS FLAGLER STATION NORTH MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 18 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE(Public Works & Waste Management) Adopted on first reading
Public Hearing: September 1, 2015
Ordinance 15-74
Mover: Sally A. Heyman
Seconder: Audrey M. Edmonson
Vote: 13 - 0
  REPORT: County Attorney Robert Cuevas read the foregoing proposed ordinance into the record.

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

The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Board of County Commissioners (BCC) on Tuesday, September 1, 2015 at 9:30 a.m.
 
14A6  
  151477 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy     
  RESOLUTION AUTHORIZING THE DESIGNATED PURCHASE OF SERVICES FOR TRANSPORT, IMPOUNDMENT AND CARE OF LARGE ANIMALS IN ACCORDANCE WITH SECTION 2-8.1(B)(3) OF THE CODE OF MIAMI-DADE COUNTY BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; TO APPROVE TERMS AND EXECUTION OF A RETROACTIVE AMENDMENT TO THE AGREEMENT WITH SOUTH FLORIDA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SFSPCA) IN ORDER TO PAY SFSPCA AN ADDITIONAL $75,000.00 FOR FY 14-15 FOR A TOTAL AMOUNT OF $175,000 IN FY 14-15; WAIVING RESOLUTION NO. R-130-06; AND AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXERCISE ALL RIGHTS CONFERRED WITHIN SUCH AMENDMENT(Animal Services) Adopted
Resolution R-619-15
Mover: Dennis C. Moss
Seconder: Jean Monestime
Vote: 13 - 0
  REPORT: First County Attorney Abigail Price Williams indicated a motion was in order to add the foregoing proposed resolution to the agenda.

It was moved by Commissioner Moss that the foregoing proposed resolution be added to today�s (6/30) agenda. This motion was seconded by Chairman Monestime, and upon being put to a vote passed by a vote of 13-0.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
14A7  
  151569 Resolution   Click here if you don't have Adobe PDF Reader Clerk's Official Copy    Barbara J. Jordan
Daniella Levine Cava
Jose "Pepe" Diaz
Audrey M. Edmonson
Jean Monestime
       
  RESOLUTION CONDEMNING DONALD TRUMP�S RECENT RACIST AND DEROGATORY REMARKS ABOUT IMMIGRANTS Adopted
Resolution R-620-15
Mover: Sally A. Heyman
Seconder: Barbara J. Jordan
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: NFirst County Attorney Abigail Price Williams indicated a motion was in order to add the foregoing proposed resolution to the agenda.

It was moved by Commissioner Moss that the foregoing proposed resolution be added to today�s (6/30) agenda. This motion was seconded by Chairman Monestime, and upon being put to a vote passed by a vote of 13-0.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Note: The foregoing proposed resolution was adopted on July 1, 2015.
 
15 CLERK OF THE BOARD  
15B REPORTS  
15B1  
  151429 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JUNE 30, 2015(Clerk of the Board) Withdrawn
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
  REPORT: Note: See Agenda Item No. 15B1 SUBSTITUTE, Legislative File No. 151588.  
15B1 SUBSTITUTE  
  151588 Report      
  PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JUNE 30, 2015 Accepted
Report
Mover: Dennis C. Moss
Seconder: Jean Monestime
Vote: 13 - 0
  REPORT: First County Attorney Abigail Price Williams indicated a motion was in order to add the foregoing report to the agenda.

It was moved by Commissioner Moss that the foregoing report be added to today�s (6/30) agenda. This motion was seconded by Chairman Monestime, and upon being put to a vote passed by a vote of 13-0.

Hearing no further questions or comments, the Commission proceeded to vote on the foregoing report, as presented.
 
15B2  
  151430 Report      
  COUNTY COMMISSION MINUTES FOR APPROVAL BY THE BOARD NOVEMBER 19, 2014 (COMPREHENSIVE DEVELOPMENT MASTER PLAN) MAY 21, 2015, ZONING(Clerk of the Board) Approved
Report
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Diaz
15B3  
  151431 Report      
  RESOLUTION NO. 15-1312 OF THE TOWN COUNCIL OF THE TOWN OF MIAMI LAKES, FLORIDA, EXPRESSING THE TOWN OF MIAMI LAKES' SUPPORT OF MIAMI-DADE COUNTY COMMISSIONER ESTEBAN BOVO'S ACTIONS IN SUPPORT OF UBER AND LYFT; PROVIDING AUTHORIZATION TO TOWN OFFICIALS; DIRECTING THE CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO THE VICE-CHAIR OF THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE(Clerk of the Board) Deferred to No Date Certain
Report
Mover: Rebeca Sosa
Seconder: Barbara J. Jordan
Vote: 11 - 0
Absent: Edmonson , Heyman
  REPORT: Chairman Monestime opened the floor to anyone wishing to adddress the Board in connection with the foregoing proposed report.

Ms. Lyce Regis (phonetic), 18928 NW 63 Court Circle, Hialeah, appeared before the Board and urged the Board not to destroy the taxi industry by allowing Uber.

Mr. Frank Hernandez, 3111 NW 31 Street, Miami, appeared before the Board and noted the importance of regulations, background checks, inspections, and insurance, citing issues with Uber drivers across the country.

Mr. Roberto Fuentes, 927 NE 199 Street, North Miami Beach, appeared before the Board and pointed out that Uber was operating without regulations or permits, noting we should learn from the experience of others and not support illegal activities.

Mr. Diego Feliciano, President, South Florida Taxicab Association, 3111 NW 27 Avenue, Miami, appeared before the Board, noting taxicab drivers were asking to enforce existing regulations rather than let citizens ride in the cars operated illegally. He said that taxicab licenses were sold to drivers looking for a better future but were now being ignored. Mr. Feliciano pointed out that licenses were issued to protect the public; however, Uber was being allowed to operate with no licenses or background checks. He suggested the County buy back existing taxicab licenses and then figure out how to serve the public. Mr. Feliciano indicated that a workshop was promised which did not materialize.

In response to Commissioner Levine Cava�s inquiry whether a workshop could be scheduled, Chairman Monestime responded that it would not be scheduled at this time.

Mr. Jack Joseph Russell, 9850 SW 80 Drive, Miami, appeared before the Board and stated he was not able to earn a living driving a taxicab after fifteen years as a result of industry reforms. He said it would be a disaster to the taxicab industry and the riding public if private cars were allowed to operate as legitimate medallion taxicabs and limousines, noting there were already too many taxicabs. Mr. Russell indicated that Uber and Lyft should be dispatched through legitimate cab companies whose cars were licensed, regulated, inspected and insured.

Mr. Morris Zaila, 2441 NE 201 Street, North Miami Beach, appeared before the Board in opposition to unregulated cars damaging the infrastructure of an existing business.

Chairman Monestime indicated that it appeared taxicab drivers were misled about the foregoing report. He said that there was no action item on the agenda, noting this was only a report of a Town of Miami Lakes resolution expressing their support for Commissioner Bovo�s actions in support of Uber and Lyft.

Mr. Uri Frank, 18101 Collins Avenue, 1502, Sunny Isles Beach, appeared before the Board and indicated that he was associated with Central Cab for thirty five years and described the costs paid by drivers associated with their services, noting it exceeded the fares collected by Uber.

Mr. Rudy Gonzalez, Owner, USA Taxi, 3620 NW 24 Avenue, Miami, appeared before the Board and noted Uber was operating illegally and owed the County $2 million. He stated it would be difficult to purchase new cars every three years when Uber was taking away up to forty percent of the business. Mr. Gonzalez stressed the need for driver background investigations, commercial insurance, and vehicle inspections.

Ms. Odalys Kardin, 6470 West 22 Court, Hialeah, appeared before the Board and noted the need for vehicle inspections. She said that Uber drivers were operating illegally and had no intention of paying the fines owed the County.

Ms. Manuella Adrian, 300 Bayview Drive, #1507, Sunny Isles Beach, appeared before the Board and stated that Uber was only an application on a smart phone serving as an alternative form of dispatch. She said they were operating by not following local law, noting legitimate taxi companies continued to pay permitting and licensing fees.

Ms. Mercedes Gonzalez, 4218 SW 9 Street, Miami, appeared before the Board, noting taxi drivers who had permits were suffering because of Uber and Lyft, whose drivers operated illegally. She said she wanted those illegal drivers to obtain fingerprints, records checks and insurance as did regulated drivers. Ms. Gonzalez commented that the promised workshop to solve the problem was never scheduled; noting taxicab medallions were purchased and were not free.

Mr. Shalom Hamami, 3701 N. Country Club Drive, #806, Aventura, appeared before the Board and asked that Uber be stopped from operating.

Mr. Niaz Mohammad, 17922 SW 145 Avenue, Miami, appeared before the Board and noted taxicab drivers were suffering because Uber had taken away their business and the County had done nothing to stop or regulate them.

Mr. Matthew Nieva (phonetic), 3115 27 Street, Miami, appeared before the Board and stated the Commission had done nothing to prevent Uber.

Mr. Jervais Francois (phonetic), 1315 NE 115 Street, North Miami, appeared before the Board in opposition to Uber.

Mr. Elby Alonso, 1835 NE Miami Gardens Drive, Miami, appeared before the Board and commented that competition was a good thing but a level playing field was needed. He voiced concern that these operations were illegal and drivers were being ticketed; however, they continued to provide services. Mr. Alonso asked the Commission to take action, noting the existing industry was being destroyed.

Commissioner Sosa stated this discussion was related to a report placed on the agenda by the Clerk of the Board that was initiated by the Town of Miami Lakes and not by the County. She said such items were normally presented as a letter to the Commission and questioned the reason that this report was included on the Agenda.

County Attorney Robert Cuevas reported that the Clerk of the Board had authority to put items on the agenda. He indicated that similar items were usually submitted by memorandum and that he did not know the rationale for placing the item on the agenda. County Attorney Cuevas noted the public had the right to reasonably be heard when there was a proposition before the Board and the Board�s action was normally to accept a report placed on the agenda.

Commissioner Bovo inquired whether action on the report could be deferred until a workshop was held on the item.

County Attorney Cuevas responded that he believed the report could be deferred, noting this matter was a special situation inasmuch as the Clerk of the Board was initiating an item that the Board should not have to act upon.

It was moved by Commissioner Edmonson that the foregoing proposed report be deferred. This motion was seconded by Commissioner Bovo.

Chairman Monestime questioned whether the remaining speakers could be denied the opportunity to speak in the event the item was deferred.

County Attorney Cuevas responded that the option to hear additional speakers would be up to the Chairman in the event the item was deferred.

Chairman Monestime stated that the Board was not making a decision related to Uber or Lyft today (6/30).

Commissioner Sosa suggested the motion to defer also provided that the minutes for anyone addressing the Board today (6/30) be maintained and that those speakers not be allowed to do so again at the workshop.

County Attorney Cuevas reported that Chairman Monestime could accommodate Commissioner Sosa�s request.

Commissioner Levine Cava inquired whether a date certain could be established on the deferral.

Chairman Monestime responded that the deferral was on a report and that an appropriate workshop could be scheduled related to an action item once presented to the Board.

Commissioner Moss requested the County Attorney provide an overview of State Statute on this type of item.

Chairman Monestime asked County Attorney Robert Cuevas to prepare appropriate legislation regarding the reasonable opportunity for the public to be heard as provided in Rule 6.06 as it pertains to the Clerk of the Board�s agenda items on reports from municipalities and making this one of the County�s ten top priorities for the next legislative session.

County Attorney Cuevas reported the Board could express its desire and amend the Board�s Rules of Procedure as to the Clerk of the Board�s ability to present similar items on the agenda. He pointed out that the State requirement allowing the public a reasonable opportunity to be heard begins once an item was placed on the agenda and that the Board had the prerogative to limit and control the public participation.

Chairman Monestime announced that anyone speaking today (6/30) would not speak at the future scheduled workshop.

Commissioner Diaz encouraged speakers to participate and be heard in the workshop, noting if they chose to speak today (6/30), they would not have another opportunity to do so at a later date.

Commissioner Jordan stated that the report was the Town of Miami Lakes asking for permission to use alternative methods of transportation which could include Uber and that accepting the report was taking action and approving the request. She suggested that it was in the drivers� best interest to allow the Board to defer the item and fully participate in a workshop where drivers could speak and be heard.

It was subsequently moved by Commissioner Sosa that the foregoing proposed report be deferred and that anyone speaking today (6/30) would not speak at the future scheduled workshop. This motion was seconded by Commissioner Jordan, and upon being put to a vote passed by a vote of 10-0 (Commissioners Edmonson, Heyman and Levine Cava were absent).

Mr. Benny Tarich, 2315 Biscayne Bay Drive, North Miami, appeared before the Board and noted he was a part-owner of a medallion. He stated that Uber and Lyft were violating the law when the taxicab industry continued to follow the laws established by the County Commission, noting everyone should play by the same rules. Mr. Tarich said that stiff penalties should be imposed against Uber and Lyft, especially for pickups at the Airport and Seaport.

Ms. Soshana Nier (phonetic), 3670 N. Park Road, Hollywood, appeared before the Board and stated that alternative transportation drivers did not adhere to the same training standards that were required for taxi drivers.

Mr. Ari Nier (phonetic), 3670 N. Park Road, Hollywood, appeared before the Board and noted he was a taxicab driver and owner. He said taxi fares were standing; drivers were suffering and that he did not believe the taxi industry would survive until the workshop. Mr. Nier suggested using taxicab drivers as volunteers to help enforce the existing law and save the industry.

Mr. Louis D�Amaro (phonetic), Homestead, appeared before the Board and shared a personal story, noting taxicab drivers did their best to help the public.
 
15C COUNTY ADVISORY BOARD APPOINTMENTS  
15C1  
  160513 Report      
  APPOINTMENT OF MS. LEAH BLUMFIELD TO THE MIAMI-DADE COUNTY COMMISSION FOR WOMEN Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The Board accepted the foregoing appointment of Ms. Leah Hutton Blumfield to the Miami-Dade County Commission for Women as read into the record by Commissioner Barreiro.

Note: The foregoing proposed report was approved on July 1, 2015.
 
15C2  
  160514 Report      
  APPOINTMENT OF MR. JUAN DADVID CORDOBA TO THE HOMEOWNER INSURANCE TASK FORCE Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The Board accepted the foregoing appointment of Mr. Juan David Cordoba to the Homeowner Insurance Task Force as read into the record by Commissioner Suarez.

Note: The foregoing proposed report was approved on July 1, 2015.
 
15C3  
  160515 Report      
  APPOINTMENT OF MS. DANIELLE IGLESIAS AND MR. AARON VALDEZ TO THE MIAMI-DADE YOUTH COMMISSION Approved
Report
Mover: Sally A. Heyman
Seconder: Jose "Pepe" Diaz
Vote: 9 - 0
Absent: Sosa , Suarez , Souto , Bovo, Jr.
  REPORT: The Board accepted the foregoing appointment of Ms. Danielle Iglesias and Mr. Aaron Valdez to the Miami-Dade Youth Commission as read into the record by Commissioner Diaz.

Note: The foregoing proposed report was approved on July 1, 2015.
 
15D COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT  
15D1  
  151269 Nomination      
  NOMINATIONS FOR APPOINTMENT TO THE MIAMI-DADE COURT CAPITAL INFRASTRUCTURE TASK FORCE (SEE ORIGINAL UNDER FILE NO. 150921)(Clerk of the Board) Appointed
  REPORT: Chairman Monestime announced the foregoing proposed nominations for appointment could not be deferred, pursuant to the Deputy Clerk of the Board.

It was moved by Commissioner Heyman to adopt the ballot nominations for appointment to the Miami-Dade Court Capital Infrastructure Task Force. This motion was seconded by Commissioner Edmonson.

Deputy Clerk of the Board Christopher Agrippa reported that the ballot results were received; however, the vote tally needed to be revised because Commissioners who previously voted were currently absent.

Later in the meeting, it was announced by Mr. Agrippa that the following individuals received the highest votes:

� Ms. Lourdes Reyes Abadin, Capital Financing, 6 votes;
� Ms. Maria Louisa Castellanos, Architecture, 7 votes; and
� Mr. Enrique �Rick� Crooks, Civil Engineering with a Focus on Infrastructure, 7 votes

Mr. Agrippa noted that ballots were not issued for the following nominations because the specialty areas only received a single nomination for appointment:

� Mr. William W. Riley, Jr., Community and Real Estate; and
� Mr. George Cuesta, Construction

Mr. Agrippa indicated that following appointments were also made:

� Ms. Sandy Lornigan was appointed by the Chief Circuit Judge; and
� Honorable Joseph P. Farina was appointed by Mayor Gimenez

Mr. Agrippa reported that a vote to appoint a Chairperson and Vice Chairperson of the Miami-Dade Court Capital Infrastructure Task Force was needed. After further discussion, it was decided that Mr. Enrique �Rick� Crooks would serve as Chairperson of the Miami-Dade Court Capital Infrastructure Task Force; and the Honorable Joseph P. Farina would serve as its Vice Chairperson.

Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed nominations for appointment to the Miami-Dade Court Capital Infrastructure Task Force.

It was moved by Commissioner Zapata to adopt the foregoing proposed ballot results and selection of Chairperson and Vice-Chairperson of the Miami-Dade Court Capital Infrastructure Task Force. This motion was seconded by Commissioner Edmonson, and upon being put to a vote, passed by a vote of 9-0; Commissioners Bovo, Sosa, Souto and Suarez were absent.

Note: The foregoing proposed nomination was adpointed on July 1, 2015.
 
  6/2/2015 Deferred by the Board of County Commissioners  
15D1 SUPPLEMENT  
  151308 Supplement      
  SUPPLEMENTAL INFORMATION RE: NOMINATIONS FOR APPOINTMENT TO THE MIAMI-DADE COURT CAPITAL INFRASTRUCTURE TASK FORCE (SEE ORIGINAL UNDER FILE NO. 151042)(Clerk of the Board) Withdrawn
  REPORT: Note: See Agenda Item No. 15D1 SUPPLEMENT SUBSTITUTE, Legislative File No. 151525.  
  6/2/2015 Deferred by the Board of County Commissioners  
15D1 SUPPL. SUBSTITUE  
  151525 Supplement      
  SUPPLEMENTAL INFORMATION TO BOARD APPOINTMENT - MIAMI-DADE COURT CAPITAL INFRASTRUCTURE TASK FORCE(Clerk of the Board) Presented
15E MAYOR�S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS  
15F NON-AGENDA ITEMS  
15F1  
  152037 Report      
  NON-AGENDA ITEM REPORT FOR THE JUNE 30, 2015, REGULAR BOARD' MEETING Presented
  REPORT: Chairman Monestime announced the Office of the Chair was currently working on providing dinner for the Board.  
19 ADJOURNMENT  
  REPORT: There being no further business to come before the Board, the meeting was adjourned at 1:44 a.m. of July 1, 2015.  
3 CONSENT AGENDA  


5/9/2024       Agenda Key: 3678

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