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1
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MINUTES PREPARED BY:
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REPORT:
Kerry Khunjar Breakenridge, Commission Reporter
(305)375-5108
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1A
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INVOCATION AS PROVIDED IN RULE 5.05(H)
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REPORT:
Chairwoman Edmonson convened the Board of County Commissioners Special Meeting at 10:00 a.m. followed by a moment of silence and the Pledge of Allegiance.
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1B
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ROLL CALL
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REPORT:
The following Board members were present at roll call: Commissioners Bovo, Levine Cava, Diaz, Heyman, Higgins, Jordan, Martinez, Monestime, Moss, Souto, Suarez, Vice Chairwoman Sosa and Chairwoman Edmonson.
- Deputy Mayors Jennifer Moon and Maurice Kemp
- County Attorney Abigail Price-Williams, First Assistant County Attorney Geri Bonzon Keenan and Assistant County Attorneys David Murray and Annery Pulgar Alfonso;
- Clerk of the Board Interim Director Melissa Adames and Deputy Clerks Kerry Khunjar Breakenridge and Kely Delille.
Mayor Carlos Gimenez was also in attendance.
Chairwoman Edmonson announced today�s (8/4) virtual meeting was structured to emulate a regular Board of County Commissioners (BCC) meeting therefore all rules of procedure would be adhered to with all public comments and live call comments from attendees queued in at the appropriate time. She advised the reasonable opportunity for the public to speak on coronavirus (COVID-19) related items would be opened first and noted the BCC Special meeting scheduled for 11:00 a.m. to consider whether to amend the Miami-Dade County Home Rule Charter to establish an independent civilian panel and related speakers would be heard at the appropriate time. Chairwoman Edmonson stated the two minute rule was applicable to all formats of public comments and asked her colleagues to use the �raise the hand� icon on the participant tab in Zoom to indicate they had a question or comment. She asked her colleagues to remain muted until called upon by either herself or Vice Chairwoman Sosa and noted they would be called upon in the order in which they �raised� their hand.
Chairwoman Edmonson requested her colleagues verbally announce their departures to keep an accurate count for quorum and also noted only one person should speak at any given time for clarity of the record. She indicated essential County staff would participate as �attendees� in the event questions or clarification was needed on an item and stated in the event a commissioner had a question directed to a department, the commissioner should state the department�s name and allow the department representative an opportunity to speak.
First Assistant County Attorney Geri Bonzon-Keenan stated the scope of today�s (8/4) meeting was to consider matters related to the coronavirus (COVID-19) pandemic as listed on today�s (8/4) final printed Agenda, Special Items Nos. 1 through 5. She indicated in accordance with the Board�s rules of procedure for special meetings, no other business shall be transacted other than the matters provided for in the notice.
First Assistant County Attorney Bonzon-Keenan read the following co-sponsorship requests into the record:
~ Vice Chairwoman Sosa and Commissioner Diaz asked to be listed as co-sponsors on Special Item No. 2;
~ Vice Chairwoman Sosa and Commissioner Levine Cava asked to be added as co-sponsors for Special Item No. 5;
~ Commissioner Souto should have been listed as a co-prime sponsor for Special Item No. 5 and Commissioners Diaz, Jordan and Martinez requested they be listed as co-sponsors for the same item.
MOTION TO SET THE AGENDA
It was moved by Vice Chairwoman Sosa that the Board of County Commissioners (BCC) set the agenda for the BCC�s Special meeting as presented. This motion was seconded by Commissioner Martinez and upon being put to a vote, the motion passed by a vote of 13-0.
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1C
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PLEDGE OF ALLEGIANCE
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1D
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REASONABLE OPPORTUNITY FOR THE PUBLIC TO BE HEARD AS PROVIDED IN RULE 6.06
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REPORT:
Chairwoman Edmonson opened the reasonable opportunity to speak.
Commission Auditor, Yinka Majekodunmi, announced there were three (3) callers on the line.
Administrative Assistant for Office of the Commission Auditor, Ms. Jannesha Johnson, read the names of the callers into the record and the following speakers appeared telephonically:
1. Ms. Sandra Reboe, 7601 East Treasure Drive, Miami Beach FL, appeared on behalf of UNITE HERE Local 355 in support of Special Item No. 3. She briefly reviewed the funding and training components of the item and asked if taxes would have to be paid on the proposed $1000.00 stipend and whether the stipend would impact unemployment claims.
2. Ms. Lenore Rodocio, Executive Vice President and Provost for Miami-Dade College (MDC), 300 NE 2nd Avenue, Miami FL, appeared in support of Special Item No. 3. She noted MDC in collaboration with the Greater Miami and the Beaches Hotel Association developed the Hotel Employee Training (HET) program and spoke about the college�s administrative ability to disburse the proposed stipend to eligible participants. Ms. Rodocio assured the Board members that MDC was prepared to disburse the stipend and provide the necessary training before the Coronavirus Aids, Relief and Economic Security (CARES) Act funding expired on December 31, 2020.
3. Ms. Wendy Kallergis, President and Chief Executive Officer (CEO) of the Greater Miami and the Beaches Hotel Association, 1688 Meridian Avenue, Miami Beach FL, briefly reviewed the intent of Special Item No. 3. She thanked Commissioner Higgins for sponsoring the item and acknowledged MDC for their collaboration on the initiative.
Mr. Majekodunmi noted there were no more speakers and Chairwoman Edmonson subsequently announced the reasonable opportunity to speak was closed.
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2
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SPECIAL ITEM(S)
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Special Item No. 1
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201546
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Discussion Item
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Audrey M. Edmonson
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DISCUSSION ITEM REGARDING THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC
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Presented
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REPORT:
Mayor Carlos Gimenez reported the County�s positivity rate had begun to trend downwards and noted coronavirus (COVID-19) related hospitalizations were also on the decline. He stated at the peak (July 21, 2020), there were approximately 2300 hospitalized cases in the County and pointed out that yesterday�s (8/3) hospitalization count was down to 1900. Mayor Gimenez explained there were two (2) lagging indicators; the first being the number of patients housed in intensive care units (ICUs) and on ventilators and the second, fatalities; both of which he anticipated would begin to trend downwards in the upcoming weeks. He attributed the County�s slower recovery to the population size and density and stated his intent to fully reopen the economy once the positivity rate fell to 6% or 5%.
Mayor Gimenez noted the County added new testing sites and was now offering rapid tests with results available within 15 minutes. He spoke about the benefits and challenges associated with the rapid tests and acknowledged 15% of tests produced a false negative result which required additional follow up. Mayor Gimenez stated the meals program continued to deliver services to approximately 65,000 vulnerable residents daily and credited the program with saving countless lives.
Addressing the issues related to the disbursement of Coronavirus Aids, Relief and Economic Security (CARES) Act funding to municipalities, Mayor Gimenez stressed the importance of ensuring an equitable allocation process and advised the Board members that the County was in receipt of invoices from all cities except Hialeah. He acknowledged the initial amount budgeted for disbursement needed to be increased and confirmed there was adequate funding available to add to the �pot.�
Commissioner Sosa asked whether the downward trend was due to the closure of testing sites in preparation for Hurricane Isaias and voiced her concerns as to whether the report regarding decreasing positivity rates would give the community the wrong impression regarding the gravity of the virus and lead to another spike in cases. She urged the administration to follow up with the City of Hialeah regarding their reimbursement requests and stated the County should not spend any additional funds until the municipalities� needs and expenses were satisfied. Commissioner Sosa also stressed the importance of ensuring there was no duplication of services by the County and cities and added it was also important that all expenses submitted by municipalities for reimbursement be verified and approved since the County was ultimately responsible for CARES Act funds.
Mayor Gimenez clarified his comments regarding the positivity rates and noted the positivity rate dropped from 17.3% over the past 14 days to just below 12% as of yesterday (8/3).
Addressing Commissioner Sosa�s concerns regarding the duplication of services, Mayor Gimenez stated he believed meal distribution should continue on a County-wide basis to maintain order and opined municipalities should address more unique/individualized needs. He explained the County could not halt spending money pending the reimbursement of funds to the municipalities and assured the Board members the process would be done as quickly and efficiently as possible.
Commissioner Sosa reiterated her concerns about allocating CARES Act funding to new County ideas and initiatives before first reimbursing the cities and stated she believed the reimbursement process was the perfect opportunity to define a process to avoid duplicity of services from a County and municipal level.
Mayor Gimenez restated his objections to issuing a �blank� check to cities and allowing municipalities to administer programs with a County-wide footprint.
Commissioner Moss extended his condolences to the family of the late Miami-Dade Corrections and Rehabilitations officer, Jairo Bravo, who passed away from coronavirus (COVID-19) complications. He expressed an interest in seeing the CARES Act funding reimbursement issue resolved and stated his intent to make a motion at the appropriate time.
Discussion ensued among Mayor Gimenez, Commissioner Martinez, and First Assistant County Attorney Geri Bonzon Keenan regarding the possible legal outcome and consequence of any suits filed by a municipality related to COVID-19 reimbursements.
First Assistant County Attorney Bonzon Keenan confirmed that it was possible for a judge to issue a stay or injunction against the County which would prevent the administration from spending any CARES Act funds.
Mayor Gimenez added any unspent CARES Act funding would revert to the Federal government the end of December.
Commissioner Martinez asked about the amount of CARES Act funding not yet allocated and argued if a lawsuit were to be filed by a municipality and an injunction issued by the judge, everyone involved would lose.
Deputy Mayor Jennifer Moon indicated there was currently $140 million in uncommitted funds but pointed out there was an item on today�s (8/4) agenda requesting a $3 million allocation.
Commissioner Martinez reiterated all parties stood to lose if the matter was litigated and argued now was not the time to fight about money. He pointed out many programs funded by the County had a County-wide reach and benefitted all communities.
Discussion ensued between Commissioner Martinez and Deputy Mayor Moon regarding the criteria used by the County for the disbursement of program funds.
Commissioner Martinez concurred with Commissioner Sosa�s comments and concerns regarding the verification of municipal expenses and asked whether the County was responsible for misallocation of CARES Act funding by a municipality.
Mayor Gimenez confirmed the County would be liable for any misallocation of funds even if done by a municipality.
Commissioner Martinez commended the administration for remaining transparent through the entire process and verifying expenditures covered by the CARES Act and the Federal Emergency Management Agency (FEMA). He noted while Commission District 11 led the way in obtaining program funding, he supported the equitable distribution of funds and urged residents and all parties involved to consider the consequences of litigation.
Commissioner Jordan noted 40% of her Commission District was comprised of Unincorporated Municipal Service Area (UMSA) and argued UMSAs traditionally did not receive as much funding/aid as municipalities. She also indicated her intent to make a motion regarding the renewal requirements for expired commercial driver�s licenses (CDL) during the COVID-19 state of emergency at the appropriate time.
Commissioner Higgins stated she believed comments made by some of the municipalities were disrespectful towards the Board of County Commissioners given the depth of discussion and thought fueling every decision to ensure equitable distribution of funds. She spoke about the importance of maintaining open dialogue and noted she met with the City of Miami Beach Commission to discuss how programs administered by the County benefited residents from the City. Commissioner Higgins pointed out the conversation concluded successfully with city officials understanding the County�s allocation process.
Commission Higgins stressed the importance of communicating to the community that the County Commission represented all residents regardless of whether they lived in a city or UMSA and stated she supported the fair reimbursement of qualified expenses to municipalities. She acknowledged the fast pace and ever evolving conditions surrounding the pandemic made it difficult to generate reports but stated it was important for the County to clarify how funds were being allocated and spent. Commissioner Higgins indicated her support for the administration�s stance that certain programs should be centralized and administered solely by the County to avoid duplication and confusion.
Commissioner Heyman spoke about the Board�s commitment to ensuring a fair and equitable distribution of funds and pointed out allocation decisions were based on needs, category, criteria and rules established by the federal and state government or FEMA. She expressed her disappointment regarding accusations that she was �anti-city� and spoke about the lack of communication on a city level between the various levels of governments. Commissioner Heyman pointed out while all the reimbursement requirements for CARES Act funding were established, there were no funds available for reimbursement payments through the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act and urged the administration to consider reimbursing specific industries and county-wide efforts before reimbursing cities.
Commissioner Diaz indicated his support for reimbursing UMSA for COVID-19 related expenses and recognized and commended the majority of city mayors for working alongside the County. He thanked Mayor Gimenez for his leadership during the pandemic despite personal attacks and stated he believed the administration had been transparent with the CARES Act process.
Commissioner Levine Cava inquired about the total amount being requested by the municipalities for reimbursement from the County and asked whether there was sufficient funds available.
Deputy Mayor Moon clarified that none of the reimbursement requests submitted by the municipalities to date had been verified and provided the following breakdown:
~ $12.3 million for FEMA �matched� funds;
~ $63.4 million in CARES Act for governmental operations related eligible expenses; and
~ $61 million for programs/business assistance.
Deputy Mayor Moon stated she anticipated the City of Hialeah�s reimbursement request would bring the total amount requested by the municipalities to $150 million and estimated the amount requested would increase as follows: $14.5 million for FEMA �matched� funds and $75 million for CARES Act operational related eligible expenses. She pointed out the estimated total did not include a sum for programs/assistance from the City of Hialeah.
Deputy Mayor Moon explained there was currently $140 million in unallocated funds but noted Special Item 3 was requesting a $3 million allocation to establish a hotel worker relief grant fund.
Commissioner Levine Cava referenced a report regarding the status of the CARES Act funds provided at the July 27, 2020 Board of County Commissioners (BCC) Special Meeting (Special Item No. 5) and inquired whether any of the amounts identified in the report was included in the reimbursement total outlined above.
Deputy Mayor Moon explained the report identified $140 million in unallocated funds and proposed disbursements of $30 million for expense reimbursements to municipalities; $45 million (now reduced to $25 million) business assistance; $50 million for economic stimulus for employment and re-employment and $35 million as a reserve for future conditions.
Commissioner Levine Cava reiterated her objections to the initial report, specifically the proposal to allocate $50 million for economic stimulus and $35 million as a reserve. She stated she believed the entire process could have been handled differently with more city input and noted while she was in support of Special Items 2 and 4, she would urge the administration to hold off on expending funds until September to allow the municipalities the opportunity to engage more fully in the reimbursement process.
Commissioner Levine Cava spoke about the importance of pursuing funds through every avenue available. She called upon Mayor Gimenez to engage the State for additional funds in light of the fact that the County only received 10% of the CARES Act funds allocated to the State despite accounting for 13% of the State�s population and reporting 25% of the State�s COVID-19 positive cases. Commissioner Levine Cava pointed out that the State administration kept 55% of the $8 billion in CARES Act allocated to the State of Florida while the County was spending its own funds to conduct contact tracing and provide isolation housing to COVID-19 positive patients.
Mayor Gimenez reassured Commissioner Levine Cava that he would communicate the Board�s concerns to Governor DeSantis.
Commissioner Levine Cava requested Mayor Gimenez provide a memorandum/report to the Board within the week as to any updates regarding securing additional CARES Act funding from the State based on the county�s population and case count.
Responding to Commissioner Levine Cava�s inquiry about the possibility of opening more isolation rooms in the South Dade area, Mayor Gimenez explained once the existing rooms were filled, the State has indicated they would provide additional units/hotels as needed.
Deputy Mayor Maurice Kemp noted there were three hotels currently being used as isolation centers, two of which were paid for by the State and one paid by the County. He also confirmed that the State was prepared to provide additional hotels if needed.
Commissioner Levine Cava commented on the need for isolation units in the South Dade area and asked about the County�s contact tracing efforts.
Deputy Mayor Kemp pointed out the County provided transportation to the hotels and explained the hotels were chosen to provide geographic separation.
Mayor Gimenez spoke about the County�s plans to purchase an app which would allow residents to track the virus� hot spots and notify individuals when they come into contact with someone who has tested positive for COVID-19.
Deputy Mayor Moon reported the Department of Health (DOH) had contracted 350 contact tracers as of the end of last week, 130 of which were included in the 250 contact tracers to be paid by the County. She explained a more comprehensive questionnaire was implemented the beginning of July and indicated she anticipated the State would provide an updated report regarding the number of people contacted via the contact tracing process when they submitted the invoice for the 130 contract tracers hired by them.
Commissioner Levine Cava asked Deputy Mayor Jennifer Moon to prepare and provide a written report detailing the status of the contact tracing process to date.
Responding to Commissioner Souto�s question as to whether the homeless population was being tested, Assistant County Attorney David Murray explained that it was difficult to compel homeless individuals to undergo testing and/or confinement.
Deputy Mayor Kemp pointed out the Homeless Trust conducted extensive voluntary testing in both the sheltered and unsheltered homeless population and noted hotel rooms have been made to individuals in need.
Commissioner Souto requested Deputy Mayor Maurice Kemp to prepare and provide a report quantifying the County�s homeless population and their specific locations, and the County�s efforts to protect the homeless population specifically through testing and provision of shelter.
Chairwoman Edmonson requested she be listed as a co-sponsor on Special Items 2, 3, 4 and 5.
Later in the meeting, Commissioner Moss inquired about charter schools� plans to reopen despite a decision by public schools to conduct classes virtually and asked whether there was a County-wide decision/proclamation regarding the reopening of schools.
Mayor Gimenez deferred to the County Attorney�s Office for their input on the subject but stated he believed the County should have final say regarding the re-opening of schools based on health and safety concerns and pointed out school grounds could be classified as �a place of assembly.�
Assistant County Attorney David Murray explained that schools were parallel governmental entities which did not exist as a subsidiary under the County Charter and as such the County�s ability to dictate how their government functions of education should be performed were constrained.
Mayor Gimenez asked whether the schools could decide to resume normal operations despite a finding by the County that returning to a regular schedule would present a health risk to the students and staff.
Assistant County Attorney Murray noted while the County maintained the ability to make its opinion on the matter known, the County could not shut down schools, compel decisions or compel the district to spend money. He stated while the County may have some authority on the margins, the County more than likely did not have the ability to substitute judgement of a wholly separate governmental entity which was not a municipality under the County Charter.
Mayor Gimenez clarified his question was specific to charter schools and questioned whether charter school could supersede the County order specifically as it applies to assembly of persons of 10 or more.
Assistant County Attorney Murray advised the reach of each County order would have to be evaluated to determine how it would affect the school�s operations.
Additional discussion ensued between Mayor Gimenez and Assistant County Attorney Murray regarding the school�s rights to operate as a separate entity under the County Charter and the County�s authority over schools in instances where safety and health was a concern.
Assistant County Attorney Murray discussed how the administration imposing a county-wide regulation differed from directly regulating the school district.
Mayor Gimenez asked whether schools were required to comply with the County�s mandates such as restrictions pertaining to assembly of more than 10 individuals in an interior space and requirements such as mandatory wearing of mask in public spaces and observance of social distancing.
Assistant County Attorney Murray stated while the mask requirement could be enforced, other requirements such as social distancing needed to be reviewed further to determine enforceability.
Commissioner Sosa asked the County Attorney�s Office to review and explore the County�s authority over charter schools in cases of emergencies such as the COVID-19 pandemic; particularly in light of the fact that the Board made zoning decisions related to the location and student count for these schools.
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Special Item No. 2
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201531
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Resolution
 Clerk's Official Copy
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Eileen Higgins
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Barbara J. Jordan
Jean Monestime
Dennis C. Moss
Rebeca Sosa
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PREPARE MONTHLY REPORTS, COMMENCING WITHIN 30 DAYS, ON ALL COUNTY EXPENDITURES RELATED TO CORONAVIRUS DISEASE 2019 (COVID-19); REQUIRING THE REPORTS TO INCLUDE, AT A MINIMUM, EXPENDITURES OF THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) FUNDS, FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND ALL OTHER FUNDS EXPENDED ON COVID-19 RELATED MATTERS; REQUIRING THE REPORT TO INCLUDE EXPENDITURES FOR PROGRAMS CREATED BY THIS BOARD AND EXPENDITURES MADE IN EACH COMMISSION DISTRICT
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Adopted
Resolution R-776-20
Mover: Eileen Higgins
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
Commissioner Monestime asked to be added as a co-sponsor on the foregoing item as well as Special Items 3 and 5.
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7/31/2020
Per Ord 20-38, item placed by BCC Chair without committee review and not subject to 4-day rule by the Board of County Commissioners
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Special Item No. 3
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201542
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Resolution
Clerk's Official Copy
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Eileen Higgins
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Barbara J. Jordan
Jean Monestime
Dennis C. Moss
Rebeca Sosa
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RESOLUTION AUTHORIZING ESTABLISHMENT OF A HOTEL WORKER RELIEF GRANT FUND FROM THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT CORONAVIRUS RELIEF FUND, TO PROVIDE FINANCIAL SUPPORT AND ASSISTANCE TO HOTEL EMPLOYEES IMPACTED BY THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC; APPROVING FORM OF GRANT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MIAMI DADE COLLEGE TO PROVIDE AN AMOUNT NOT TO EXCEED $3,000,000.00 IN FUNDS FROM THE HOTEL WORKER RELIEF GRANT FUND TO CREATE AND ADMINISTER A HOTEL EMPLOYEE TRAINING PROGRAM AND STIPEND FOR PROGRAM COMPLETION; AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE THE GRANT AGREEMENT AND TO PROVIDE REPORTS
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Adopted
Resolution R-777-20
Mover: Eileen Higgins
Seconder: Sally A. Heyman
Vote: 13 - 0
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REPORT:
Commissioner Higgins briefly spoke about the intent of the foregoing item.
Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
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7/31/2020
Per Ord 20-38, item placed by BCC Chair without committee review and not subject to 4-day rule by the Board of County Commissioners
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Special Item No. 4
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201543
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Resolution
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Dennis C. Moss
Daniella Levine Cava
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Eileen Higgins
Barbara J. Jordan
Rebeca Sosa
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP AND IMPLEMENT A PROCEDURE FOR THE RECAPTURE AND REALLOCATION OF FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) TO ENSURE THAT THE FUNDS ARE EXPENDED BY THE CURRENT DECEMBER 30, 2020 EXPENDITURE DEADLINE; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND REQUIRING REPORTS
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Amended
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REPORT:
See Amended Special Item No. 4, Legislative File No. 201823 for the amended version.
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7/31/2020
Per Ord 20-38, item placed by BCC Chair without committee review and not subject to 4-day rule by the Board of County Commissioners
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Special Item No. 4 Amended
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201823
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Resolution
Clerk's Official Copy
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Dennis C. Moss
Daniella Levine Cava
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Eileen Higgins
Barbara J. Jordan
Rebeca Sosa
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP AND IMPLEMENT A PROCEDURE FOR THE RECAPTURE AND REALLOCATION OF FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) TO ENSURE THAT THE FUNDS ARE EXPENDED BY THE CURRENT DECEMBER 30, 2020 EXPENDITURE DEADLINE; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND REQUIRING REPORTS [SEE ORIGINAL ITEM UNDER FILE NO. 201543]
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Adopted
Resolution R-778-20
Mover: Dennis C. Moss
Seconder: Audrey M. Edmonson
Vote: 13 - 0
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REPORT:
Earlier in the meeting, Chairwoman Edmonson proffered a friendly amendment requiring the written reports be submitted to the Board every two weeks instead of 30 days as originally stated in Section 4 of the item, which was subsequently accepted by Commissioner Moss.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended.
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Special Item No. 5
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201544
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Resolution
Clerk's Official Copy
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Dennis C. Moss
Sen. Javier D. Souto
Jose "Pepe" Diaz
Audrey M. Edmonson
Sally A. Heyman
Eileen Higgins
Barbara J. Jordan
Joe A. Martinez
Jean Monestime
Rebeca Sosa
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RESOLUTION SETTING COUNTY POLICY THAT THE COUNTY SHALL CONSIDER THE UNINCORPORATED MUNICIPAL SERVICE AREA (UMSA) A MUNICIPALITY FOR PURPOSES OF ALLOCATING AND DISTRIBUTING FUNDS MADE AVAILABLE THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (�CARES ACT�), THE PROPOSED HEALTH AND ECONOMIC RECOVERY OMNIBUS EMERGENCY SOLUTIONS ACT (�HEROES ACT�), H.R. 6800, OR SIMILAR LEGISLATION; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EQUITABLY INCLUDE UMSA IN ANY ALLOCATIONS AND DISTRIBUTIONS OF CARES ACT OR SIMILAR FEDERAL FUNDS TO MUNICIPALITIES
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Adopted
Resolution R-779-20
Mover: Dennis C. Moss
Seconder: Joe A. Martinez
Vote: 13 - 0
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REPORT:
Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
Vice Chairwoman Sosa and Commissioners Heyman and Diaz asked to be added as co-sponsors on Special Items 2, 3, 4 and 5.
Commissioner Higgins requested to be added as a co-sponsor for Special Items 4 and 5.
Commissioner Monestime requested he be added as a co-sponsor for Special Items 2, 3 and 5.
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7/31/2020
Per Ord 20-38, item placed by BCC Chair without committee review and not subject to 4-day rule by the Board of County Commissioners
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15F
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NON-AGENDA ITEM
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15F1
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201559
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Resolution
Clerk's Official Copy
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Audrey M. Edmonson
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RESOLUTION RESCHEDULING THE BOARD�S SEPTEMBER 1, 2020 REGULAR MEETING TO AUGUST 31, 2020 SO THAT IT MAY BE HELD VIRTUALLY AS A RESULT OF CORONAVIRUS DISEASE 2019 (COVID-19); URGING THE GOVERNOR TO EXTEND THE AUTHORITY TO CONDUCT VIRTUAL MEETINGS UNTIL DECEMBER 2020
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Adopted
Resolution R-780-20
Mover: Sally A. Heyman
Seconder: Rebeca Sosa
Vote: 13 - 0
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REPORT:
Chairwoman Edmonson noted in accordance with Governor Ron DeSantis� July 29, 2020 Executive Order which allowed local governments to conduct all meetings, including September budget meetings, virtually until the end of August 2020 due to the coronavirus (COVID-19) pandemic; and the uncertainty as to whether the executive order would be extended past August 31, 2020; she was requesting the next regularly scheduled Board of County Commissioners (BCC) meeting set for September 1, 2020 to be rescheduled to August 31, 2020 to allow the meeting to be held virtually.
Commissioner Sosa requested the motion be amended to urge the governor to extend the executive order and allow local governments to conduct all meetings virtually until the end of December 2020.
Commissioner Heyman moved to reschedule the September 1, 2020 BCC meeting to August 31, 2020 and to urge the governor to extend the executive order and allow local governments to conduct all meetings virtually until the end of December 2020. This motion was seconded by Commissioner Sosa and upon being put to a vote, the motion passed by a vote of 13-0.
Chairwoman Edmonson addressed the impact of the COVID-19 pandemic on the mental health and wellbeing of residents and recognized the County�s efforts in offering support for County employees. She indicated her interest in exploring the possibility of using Coronavirus Aids, Relief and Economic Security (CARES) Act funding to expand and strengthen the reach of community based organizations (CBOs) which provide mental health services to the community and stated she was amenable to meeting with the administration to discuss the matter in more detail.
Later in the meeting Chairwoman Edmonson directed the County Attorney�s Office to prepare legislation which would strengthen CBOs providing mental health services to residents.
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15F2
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201560
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Resolution
Clerk's Official Copy
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Dennis C. Moss
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RESOLUTION AUTHORIZING THE MAYOR OR DESIGNEE TO NEGOTIATE AND EXECUTE INTERLOCAL GRANT AGREEMENTS WITH EACH OF THE MUNICIPALITIES IN THE COUNTY, USING A TOTAL OF NOT-TO-EXCEED $100,000,000.00 IN CARES ACT FUNDS, ALLOCATED AS FOLLOWS: (1) $75,000,000.00 FOR REIMBURSEMENT OF FEMA LOCAL MATCH ELIGIBLE EXPENDITURES AND ANY CARES ACT ELIGIBLE GOVERNMENTAL OPERATIONS EXPENDITURES THAT ARE NOT FEMA REIMBURSABLE, AND (2) $25,000,000.00 FOR MUNICIPAL PROGRAMMATIC PROPOSALS SUBJECT TO APPROVAL IN ADVANCE BY THIS BOARD; AND DIRECTING THE MAYOR OR DESIGNEE TO PROVIDE A REPORT
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Adopted
Resolution R-781-20
Mover: Dennis C. Moss
Seconder: Barbara J. Jordan
Vote: 13 - 0
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REPORT:
Commissioner Moss commented on the prevalence of Unincorporated Municipal Service Areas (UMSA) in Commission Districts 9, 10 and 11; and spoke about the Board�s lack of support in providing organizations in UMSA areas the same opportunities to seek reimbursement for coronavirus (COVID-19) related expenses as afforded to those in municipalities.
Commissioner Moss stated although the Coronavirus Aid, Relief and Economic Security (CARES) Act does not legally require the County to disburse CARES Act funds to municipalities in the County, he moved to authorize the County Mayor or Mayor�s designee to negotiate and execute, following approval by the County Attorney�s Office for the legal form and sufficiency; inter-local grant agreements with each of the municipalities within the County, using a total of not to exceed $100 million CARES Act funds allocated as follows:
~$75 million for reimbursement of Federal Emergency Management Agency (FEMA) local match eligible expenditures and any CARES act eligible governmental operation expenditures that are not FEMA eligible reimbursable;
~$25 million for municipal programmatic proposals subject to advance approval by the Board of County Commissioners (BCC/Board).
The County Mayor or Mayor�s designee was directed to report back to the Board at the next BCC meeting on reimbursements and allocations made to the municipalities to date.
Commissioner Moss suggested funding for Special Item No. 5 could be allocated from the remaining $40 million.
This motion was seconded by Commissioner Jordan.
Commissioner Sosa proffered a friendly amendment to include language in the inter-local agreement requiring municipalities to be responsible for any expenditures not covered or approved under the CARES Act; which was subsequently accepted by Commissioner Moss.
Commissioner Diaz voiced his concerns about the disadvantages smaller municipalities encounter when requesting reimbursements and funding and noted many times larger municipalities monopolize funding opportunities. He also commented on the proposed cap amounts and requested the FEMA cap be increased to $100 million.
Commissioner Moss explained his objections to the FEMA cap being increased to $100 million but stated he was amenable to adding language which would ensure the equitable treatment of smaller municipalities related to allocation of funding.
Following Commissioner Moss� explanation regarding the caps, Commissioner Diaz concurred with the proposed cap amounts and requested the motion be amended to add language which would ensure the equitable treatment of smaller municipalities during the allocation process.
Commissioner Moss accepted the proffered amendment to the motion and Chairwoman Edmonson expressed her support for the proposed amendment.
Commissioner Levine Cava asked whether Commissioner Moss would consider increasing the $100 million cap to $130 million to allow the cities to submit programmatic needs.
Commissioner Moss contended the reimbursement requests submitted by the cities may be inflated and pointed out increasing the cap would eliminate the opportunity to provide funding to UMSA which he was unwilling to do.
Discussion ensued between Commissioner Martinez and Deputy Mayor Moon regarding the sum of the unallocated funds and the proposed allocation amounts to the municipalities and UMSA.
Deputy Mayor Moon indicated $100 million would be disbursed to the municipalities leaving a balance of $37 million which the Board could allocate to UMSA. She pointed out that 43% of the County�s population resided in UMSA and advised the Board that the County has paid approximately $21 million to date for municipal service expenses.
Mayor Gimenez and Commissioner Martinez discussed the threshold requirement included in the CARES Act which provided for direct payments to counties, municipalities and towns et cetera; below the State level; with a population exceeding 500,000 residents.
Commissioner Martinez inquired about the County�s authority to disburse CARES Act funding to cities and asked whether there were any special restrictions associated with the allocation of the funds.
Deputy Mayor Moon explained the funds could be used to reimburse municipalities for expenses incurred due to the COVID-19 pandemic and pointed out the funds were not issued as block grants. She also recommended establishing a deadline for expending the funds to prevent unutilized funds from being recaptured by the federal government.
Commissioner Martinez asked about the timeframe for verifying the requests were eligible for reimbursement and questioned allocating funds before completion of the eligibility verification process.
Deputy Mayor Moon anticipated the verification process should be completed within one month.
Mayor Gimenez clarified no funds would be disbursed to the cities before verifying the expenses were eligible for reimbursement.
Commissioner Martinez pointed out the cut in unemployment benefits would inevitably result in increased demands for help from the community and voiced his concerns as to whether the County would have sufficient funds left over following reimbursement to the cities. He also questioned how the proposed $37 million to UMSA would be distributed.
Mayor Gimenez pointed out over $100 million had been allocated to date to countywide programs which benefit both municipalities and UMSA. He clarified that it was always the County�s intent to reimburse cities for their operational expenses and stated he believed the proposed allocation cap of $25 million for programmatic expenses was reasonable.
Commissioner Martinez reiterated his concerns about allocating the remainder of the entire CARES Act fund particularly in light of the cut to unemployment benefits and the ensuing financial impact on residents.
Mayor Gimenez pointed out that some of the expenses submitted by the cities may not be eligible for reimbursement and added that he also anticipated funds being returned to the County for further reallocation. He indicated his support for the proposed motion and caps and believed it represented a good compromise.
Discussion ensued between Chairwoman Edmonson and Deputy Mayor Moon regarding unspent funds allocated to specific programs and reporting requirements.
Commissioner Heyman pointed out the next Board meeting was scheduled for August 31, 2020 and asked whether the Board needed to approve the disbursement of funds once the expense was verified. She indicated her support for the administration reimbursing municipalities upon satisfaction of eligibility requirements and agreed with the cap amounts proposed by Commissioner Moss.
Chairwoman Edmonson reviewed the avenues available for convening a Board meeting.
Deputy Mayor Moon pointed out the foregoing motion allowed the administration to work with the County Attorney�s Office to reimburse the cities.
Discussion ensued between Chairwoman Edmonson and Deputy Mayor Moon regarding the reimbursement timeline.
Commissioner Monestime voiced his concerns about the allocation and distribution of funds as proposed in the motion and argued the County should maintain all CARES Act funding and continue to administer Countywide programs to avoid duplicity.
County Attorney Abigail Price-Williams reread the motion and proposed amendments into the record pursuant to Commissioner Bovo�s request.
Commissioner Bovo contended the proper parameters were not established when the CARES Act funds were first received and spent by the County which ultimately led to the issues facing the County today. He indicated his support for the motion stating that he believed it was the right thing to do and reiterated his comments made at the last Board meeting in which he urged the administration to stop spending money and reconcile any issues with the municipalities.
Commissioner Moss stated he believed the foregoing motion would provide an equitable distribution process while leaving funds for UMSA and asked the administration to detail how other counties handled CARES Act funding allocations/distribution.
Deputy Mayor Moon noted Miami-Dade County was one of twelve counties in the State to receive direct CARES Act funding and provided a brief overview of how the remaining eleven counties managed their CARES Act funds. She reported:
~ Brevard County created broad categories and was allowing their 17 municipalities to apply for reimbursement based on the established categories. Additionally, all personal protective equipment (PPE) was purchased by the County and distributed to the cities;
~ Broward County allocated 30% of CARES Act funding to municipalities with approximately $80 million earmarked for County services;
~ Duval County was not making specific municipal allocations but noted the unique relationship between Duval County and the City of Jacksonville;
~ Lee County was only providing supplies to municipalities and would consider reimbursing expenses in the future;
~ Orange County set aside 10% of CARES Act funds to reimburse municipalities;
~ Palm Beach County utilized all CARES Act funds for countywide expenditures and was not distributing any of the funds to the 39 municipalities;
~ Pasco County was in the process of setting up a reimbursement process;
~ Pinellas County planned to reimburse municipalities and was contemplating limiting the reimbursement to solely the FEMA match;
~ Polk County would provide reimbursements to municipalities through June 30, 2020; and
~ Volusia County allocated $15 million (approximately 15%) to reimburse municipalities and noted the reimbursement amount would be determined by the population.
Deputy Mayor Moon noted there was no response from Hillsborough County regarding their reimbursement plans or process.
Following extensive discussions, the motion was moved as amended by Commissioner Moss to: include language in the inter-local agreement requiring municipalities to be responsible for any expenditures not covered or approved under the CARES act; and to add language which would ensure the equitable treatment of smaller municipalities when allocating funds. This amended motion was seconded by Commissioner Jordan and upon being put to a vote, the motion passed by a vote of 13-0.
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15F3
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201561
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Resolution
Clerk's Official Copy
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Barbara J. Jordan
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RESOLUTION URGING THE GOVERNOR, IN LIGHT OF THE CORONAVIRUS DISEASE 2019 (�COVID-19�) PANDEMIC AND THE LIMITED AVAILABILITY OF FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES IN-OFFICE SERVICES, TO (1) TEMPORARILY SUSPEND DURING THE COVID-19 STATE OF EMERGENCY THE REQUIREMENT TO RENEW AN EXPIRING COMMERCIAL DRIVER�S LICENSE FOR PUBLIC TRANSIT BUS OPERATORS, PRIVATE AND PUBLIC SCHOOL BUS OPERATORS, AND ANY OTHER GOVERNMENT EMPLOYEE WHOSE JOB DUTIES REQUIRE A COMMERCIAL DRIVER�S LICENSE, TO ALLOW SAID INDIVIDUALS TO CONTINUE TO PROVIDE SERVICES TO OUR COMMUNITIES DURING THIS PUBLIC HEALTH EMERGENCY, AND (2) TO THE EXTENT LEGALLY PERMISSIBLE, TO TAKE NECESSARY STEPS TO ALLOW FOR ONLINE OR VIRTUAL RENEWAL OF COMMERCIAL DRIVER�S LICENSES AFTER THE RESOLUTION OF THE CURRENT STATE OF EMERGENCY
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Adopted
Resolution R-782-20
Mover: Barbara J. Jordan
Seconder: Dennis C. Moss
Vote: 13 - 0
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REPORT:
Assistant County Attorney Annery Pulgar Alfonso read the following motion into the record on behalf of Commissioner Jordan: �I move for the Board of County Commissioners (Board) to urge the governor, in light of the coronavirus (COVID-19) pandemic and the limited availability of Florida highway safety and motor vehicle in-office services, to temporarily suspend during the COVID-19 state of emergency the requirement to renew an expiring commercial driver�s license (CDL) for public transit bus operators, private and public school bus operators and any other government employee whose job duties require a cdl to allow said individuals to continue to provide services to our community during this public health emergency. I further moved to direct the Clerk of the Board to transmit certified copies of this item to the governor and the chair and members of the Miami-Dade State Legislative Delegation and also moved to direct the County�s State lobbyists to advocate for this action and authorize and direct the Office of Intergovernmental Affairs (OIA) to amend the 2020 state legislative package to include this item and to include this item in the 2021 state legislative package when it is presented to this Board.�
Responding to Commissioner Martinez�s question regarding the application of the motion, Assistant County Attorney Pulgar Alfonso explained the foregoing motion would apply to any private or public school bus driver with an expiring CDL.
Commissioner Diaz proffered a friendly amendment which urged the governor to consider renewing the CDLs through a cyber-component/process.
Commissioner Jordan accepted the proffered amendment and moved the foregoing motion as amended to include a cyber-component for renewal. This amended motion was seconded by Commissioner Moss and upon being put to a vote, the motion passed by a vote of 13-0.
Commissioner Jordan asked to be added as a co-sponsor for Special Items 2 through 5.
Commissioner Moss requested he be added as a co-sponsor for any item on today�s (8/4) agenda he did not sponsor.
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ADJOURNMENT
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REPORT:
There being no further business to come before the Board of County Commissioners (BCC), the Special Meeting noticed and convened at 10:00 a.m., was adjourned at 12:36 p.m.
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3A
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CONSENT AGENDA
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| 10/31/2026 |
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Agenda Key: 4459 |