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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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1B
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ROLL CALL
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REPORT:
Acting Chairwoman Sosa convened the Board of County Commissioners Special Meeting at 12:42 p.m. followed by a moment of silence and the Pledge of Allegiance.
The following Board members were present at roll call: Commissioners Hardemon, Heyman, Higgins, McGhee, Monestime, Regalado and Acting Chairwoman Sosa.
In addition to the members of the Board, the following staff members were also present:
- Deputy Mayors Jennifer Moon and Edward Marquez;
- Successor County Attorney Geri Bonzon Keenan and Assistant County Attorneys Bruce Libhaber, David Murray and Michael Mastrucci;
- Clerk of the Board Director Melissa Adames and Deputy Clerk Tawana Parker.
Miami-Dade County Mayor Daniella Levine Cava was also present via Zoom.
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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:
Acting Chairwoman Sosa opened the floor for a reasonable opportunity to speak and the following persons appeared before the Board in support of Special Item No. 4:
1. Ms. Latousha Daniels, President and CEO of the Miami Children�s Initiative, 5400 NW 22nd Avenue, Miami FL.
2. Ms. Loren Parra, Director of Public Affairs for The Miami Foundation for a Greater Miami, 40 NW 3rd Street, Miami FL.
3. Ms. Paola Ferreira, Executive Director of the Tropical Audubon Society, 5530 Sunset Drive, Miami FL.
4. Ms. Casey Dresbach, Community Engagement Coordinator for Miami Waterkeeper, 2103 Coral Way, Miami FL.
5. Ms. Tina Brown, Chief Executive Officer for Overtown Youth Center, 450 NW 14th Street, Miami FL.
There being no other persons registered to speak, Acting Chairwoman Sosa closed the floor for the reasonable opportunity to be heard.
MOTION TO SET THE AGENDA
Successor County Attorney Geri Bonzon Keenan stated the purpose of today�s (12/7) Special meeting was to consider the items related to the Coronavirus Disease (COVID-19) pandemic as listed on today�s (11/13) 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.
Successor County Attorney Geri Bonzon Keenan noted that Commissioners Heyman and Souto requested to be added as co-sponsors on Special Item No. 3; Commissioner Heyman asked that she be added as a co-sponsor on Special Item No. 4 and Commissioner Souto requested he be added as a co-sponsor for Special Item No. 5.
It was moved by Commissioner Regalado that the Board of County Commissioners (BCC) set the agenda for the today�s (12/7) Special BCC meeting as presented. This motion was seconded by Commissioner Higgins and upon being put to a vote, the motion passed by a vote of 7-0 (Vice Chairman Diaz and Commissioners Garcia, Gilbert, Martinez, and Souto were absent; District 8 - Vacant).
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SPECIAL ITEM(S)
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Special Item No. 1
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202420
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Report
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MAYOR�S UPDATE ON COVID-19(Mayor)
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Accepted
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REPORT:
Miami-Dade County Mayor Daniella Levine Cava spoke about the County�s efforts, in conjunction with Jackson Health System (JHS), to make testing available to the public. She expressed her concerns regarding the County�s Coronavirus disease (COVID-19) statistics, noting the 14-day positivity rate was currently 8.5% with more than 240,000 reported cases which accounted for more than 25% of the new cases in the State of Florida. Mayor Levine Cava reported JHS�s positivity rate was now at 10% with a 35% increase in hospitalizations over the last 14 days. She pointed out the increase in cases could potentially overwhelm the health system capacity and was a cause of great concern.
Mayor Levine Cava noted the County�s newest messaging campaign, �We Can, We Will� was scheduled to be launched tomorrow (12/8) at 1.30 p.m. and spoke about the intent and goals of the program. She discussed the County�s plans to partner with the Florida League of Cities, Miami-Dade School Board and other stakeholders to provide a united show of support for the new initiative. Mayor Levine Cava commended the County�s Police Department for their continued support and noted officers would now be providing masks to residents. She invited the Board members to the launch of the �We Can, We Will� campaign and reiterated the County�s focus on a prevention and protection strategy moving forward.
Acting Chairwoman Sosa voiced her concerns about the upcoming Christmas season and the expiration of the senior meals� delivery program on December 31, 2020. She argued the elderly would be placed at a higher risk if forced to leave their homes to get meals and advocated for prioritizing Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to extend the program.
Commissioner Souto concurred that a strong local messaging campaign was much needed to help control and prevent the spread of the virus.
Commissioner Regalado agreed with Acting Chairwoman Sosa�s suggestion to extend the senior meal delivery program and pointed out while there was still funds available for the program the question remained as to how the funds could be used past the December 31, 2020 expiration date. She voiced her concerns about residents facing evictions and questioned whether surplus funding could be applied to rental assistance programs. Commissioner Regalado recognized the work done by the Homeless Trust and suggested increasing the income/qualification cap for the rental assistance program to help more people. She spoke about the long-term fiscal effects of the pandemic on commercial properties, and by extension, government revenues.
Acting Chairwoman Sosa indicated her intent to defer Special Item No. 5 to the December 15, 2020 Board of County Commissioners (BCC/Board) meeting to allow the administration additional time to work on the specifics of the item.
Vice Chairman Diaz reiterated the importance of helping the elderly.
Responding to Vice Chairman Diaz�s request for clarification regarding the expiration date for using CARES Act funding, Miami-Dade Chief Financial Officer (CFO) Edward Marquez, explained that CARES Act funds could be used for expenditures incurred from March 1, 2020 through December 30, 2020. He noted there was a ninety day period following the December 30, 2020 expiration date to file all necessary paperwork to ensure funding was not returned to the federal government.
Vice Chairman Diaz spoke about ensuring a fair allocations/disbursement process and indicated his preference for County administered programs such as the Military and Veterans Basic Needs Assistance Program to continue until December 30, 2020 instead of ending on December 5, 2020.
Mr. Marquez noted based on the Board�s previous comments and concerns voiced at the last BCC meeting, the administration was prepared to continue accepting and approving applications until December 15, 2020 in accordance with legislation R-1158-20 adopted by the Board which directed the County Mayor to use any unspent CARES Act funds as of the aforementioned date (December 15, 2020) to offset the County�s COVID-19 related expenses with an exception for municipalities and child/adult day care programs.
Vice Chairman Diaz explained that he supported the foregoing legislation (R-1158-20) to ensure no funds were returned to the federal government and requested the administration reserve a small amount specifically for the Military and Veterans Basic Needs Assistance Program until December 30, 2020 to allow veterans and/or returning military members additional time to apply for aid.
Discussion ensued between Vice Chairman Diaz and Successor County Attorney Geri Bonzon Keenan regarding drafting legislation which would extend acceptance/approval of applications through the Military and Veterans Basic Needs Assistance Program until December 30, 2020.
Acting Chairwoman Sosa stated her intent to consider any motions made on the dais at the end of the discussion on the foregoing item.
Commissioner Gilbert stated while he concurred with his colleagues regarding extension of the senior delivery meals program, it was important to understand that CARES Act funds would expire on December 31, 2020. He asked whether there were any expenditures currently paid through the County�s general funds that were eligible to be paid with CARES Act funds.
Mr. Marquez noted the County had accrued over $100 million in expenses within the County�s operating budgets which were not covered by CARES Act funds. He pointed out that the Federal Emergency Management Agency (FEMA) currently had a senior meals program ending on December 26, 2020 which have been extended every 30 days. Mr. Marquez suggested the Board ask or urge FEMA to prolong the extension period from every 30 days to allow the County to expand service.
Acting Chairwoman Sosa stated she would proffer a motion at the appropriate time.
Discussion ensued between Commissioner Gilbert and Mr. Marquez regarding Resolution No. R-1158-20 and the exemptions pertaining to child/adult day cares and municipalities.
Commissioner Gilbert requested clarification regarding the reimbursement process for municipalities and inquired whether the municipalities would be reimbursed for expenses incurred through December 15, 2020 or December 30, 2020.
Mr. Marquez explained that the municipalities had two weeks past December 31, 2020 to submit reimbursement documentation to the County. He noted most of the reimbursements were being made via payroll and referred the Board to the memorandum entitled �Coronavirus Relief Fund (CRF) Update� (hereafter referred to as the �memorandum�) for additional information.
Commissioner Heyman referenced Resolution R-1161-20, which was adopted by the Board on November 13, 2020, related to the allocation of an amount of $5 million of unspent funds from the CRF to Nanobiosym Diagnostics Inc. to fund development of an instrument to test for COVID-19 through saliva and to create a viral load database for the County. She inquired why the aforementioned program could not be considered given the fluidity of the disbursement process and availability of funds.
Mr. Marquez explained pursuant to Resolution R-1158-20, it was determined by the administration through conversations with the County Attorney�s Office that there was no additional funding available to allocate to the aforementioned program.
Mayor Levine Cava noted that the memorandum entitled �Coronavirus Relief Fund (CRF) Update� provided by Mr. Marquez explained the use of unspent allocations by December 15, 2020 to offset COVID-19 incurred expense with an exception for municipalities and child/adult day care programs. She reassured the Board members that the administration was actively pursuing additional funding from the federal government.
Commissioner Heyman voiced her concerns about the administration�s findings that there were no funds available to allocate to the Nanobiosym Diagnostics Inc. program, yet there have been discussions today about allocating unspent CRF funds to other initiatives.
Commissioner Heyman argued Resolution R-1161-20 was previously adopted by the Board and should be prioritized before allocating unspent funds to any other services discussed today.
Commissioner Garcia voiced his concerns regarding the prevalence of false negative results produced by rapid testing and stated his intent to address the issue at the appropriate time.
Commissioner Monestime asked whether unspent funds allocated to the Airport and Transit Departments would also be recaptured and reallocated pursuant to Resolution R-1158-20.
Mr. Marquez explained that funds allocated to the Airport and Transit departments were for operational expenses and not a part of CRF funds.
Discussion ensued between Commissioner Monestime and Mr. Marquez regarding the percentage of funds allocated to the airport and transit departments that have been used to date.
Commissioner Monestime requested a report detailing the amount of unutilized funds allocated to the aforementioned departments and commented on the fact that there were various other programs where allocated funds had not yet been distributed, such as the taxicab and jitney relief program.
Mr. Marquez clarified approximately $2.2 million had been disbursed through the taxicab and jitney relief program to date and reassured the Board members that the administration was committed to disbursing more funds before December 15, 2020.
Commissioner Monestime voiced his concerns about the County�s inability to disperse funds to those most in need and argued the difficult application process may be a reason why people have been unable to access the funds. He stated his intent to meet with the County Attorney�s office to draft legislation to ensure the application and disbursement process was simplified to serve the public.
Responding to Commissioner Monestime�s question as to the disbursement process for emergency rental assistance programs administered by municipalities, Mr. Marquez explained for programs falling under the $25 million �New COVID-19 Programs� classification, the municipalities were working alongside the County�s consultants to develop marketing and refer residents to established County administered programs.
Commissioner Monestime commented on his district�s need for additional rental assistance funds and asked whether the administration would consider allocating more funds to satisfy this need.
Mr. Marquez indicated that Board action would be needed to change the criteria currently established for the �New COVID Programs.�
In response to Commissioner Monestime�s request for clarification of �operational costs,� Mr. Marquez explained that the County must abide by rules established for the disbursement of federal funds as detailed in his memorandum. He noted specific requirements, such as proof of W-2�s or W-9�s was required before a check payment could be paid out and confirmed that the same rules applied to all programs.
Commissioner Monestime stated while he recognized the success of several relief programs such as the emergency rental assistance program, the Miami-Dade Art Support Program and the Non-Profit Grant Support Program; the programs serving the most vulnerable and needy citizens remained problematic and needed to be addressed.
Discussion ensued between Commissioner Martinez and Mr. Marquez regarding references in the memorandum about spending �in progress.�
Mr. Marquez noted any reference to �in progress� meant that the programs were accepting applications, but funds had not been distributed and as such the �available funds� were projections/estimations.
Commissioner Martinez explained the intent of Resolution No. R-1158-20 and expressed his concerns about the Board having to raise taxes.
Responding to Commissioner Martinez�s question as to the number of COVID-19 County programs currently needing funding, Chief of Policy and Budgetary Affairs, Ms. Jennifer Moon advised the Board members that the County had spent just under $100 million at the time legislation for Resolution R-1158-20 was being drafted but since then the County was now projected to spend $100 million more than the balance allocated for County operations.
Ms. Moon reviewed the various expenses which qualify as County operations and stressed they were vital to keeping the community safe during the pandemic and included such activities as police enforcement of emergency orders. She explained in the event all the unallocated funds from the County administered programs were recaptured, as detailed in Exhibit 1 of the memorandum, there would still be a $36 million deficit which would need to be funded through the general fund by way of reserves, reducing expenditures or increasing revenue.
Ms. Moon pointed out money for the deficit would most likely be sourced from the Unincorporated Municipal Service Area�s (UMSA) general fund.
Commissioner Martinez reiterated his concerns about having to raise the millage rate in the future to cover expenses and urged his colleagues to stop allocating funds to new COVID-19 programs.
Vice Chairman Diaz concurred with the concerns raised by Commissioner Martinez regarding the possibility of having to raise taxes in the future and requested further clarification regarding the estimated County operations deficit.
Ms. Moon directed the Board�s attention to Exhibit 1 of the memorandum and explained the combined amount of monies spent to date and �in progress� programs totaled $36.5 million more than the amount received by the County through the CARES Act. She pointed out even if the County were to recapture the unspent funds from the Veteran�s Assistance Program, currently projected to be $9 million, there would still be a deficit. Ms. Moon stated she believed the Board should be focused on urging the federal government to allocate more funds and extend the deadline for using the funds.
Responding to Vice Chairman Diaz�s question as to whether anyone in the administration was in communication with the federal government about possibly expanding and extending COVID-19 aid,
Mayor Levine Cava indicated that she was in communication with the Florida congressional delegation and shared that there were some discussions about allocating additional funding and possibly extending the deadline to use CARES Act funds to February 2021.
Mayor Levine Cava urged the Board members to also contact Florida legislators to communicate the urgency of the situation.
Commissioner Hardemon spoke about programs with �in progress� funding and contended the available unallocated funds could be much larger than the administration originally anticipated once all disbursements were finalized. He pointed out that while all the funds allocated to the rental assistance program had been fully utilized, the landlord assistance program still had close to $8 million out of the original $10 million allocated available for disbursement. Commissioner Hardemon stated that he was in favor of reallocating funds from programs with available balances such as the landlord assistance program to other programs in greater need, such as the rental assistance program.
Responding to comments made earlier as to how municipalities administered CARES Act funds, Commissioner Hardemon explained that municipalities were encouraged to refer residents to County administered programs to avoid duplication of services. He argued programs like the rental assistance program and the Miami-Dade Arts Support Program had utilized all of the allocated funds because these programs help the most needy and vulnerable people/organizations in the community. Commissioner Hardemon spoke about the difficulties and challenges encountered by the municipalities in spending the $75 million allocated for reimbursement of Federal Emergency Management Agency (FEMA) local match expenditures and advocated for allowing the municipalities greater flexibility in utilizing the funds. He contended the flexibility would help the County spend the funds without the need for an extension of the deadline.
Discussion ensued between Commissioner Hardemon and Mr. Marquez regarding the administration of County run versus municipality run program.
Commissioner Hardemon contended the fact that municipalities had to go through the County�s consultants (Hagerty Consultant) to seek reimbursements made the process more difficult and time consuming and reiterated the need for greater flexibility. He stated his intent to make a motion at the appropriate time to reallocate unspent funds to needy programs such as the rental assistance program.
Commissioner Regalado pointed out that the original cap established for the landlord assistance program limited applicants from applying for aid and noted the recent changes to the cap and qualifying criteria would allow more landlords access to the funds.
Addressing comments made by Commissioner Martinez about possibly having to increase the millage rate to deal with the County�s budget deficit, Commissioner Regalado reviewed the process for determining the millage rate and requested her colleagues keep in mind the importance of the rental assistance program in preserving property values and preventing evictions.
Discussion ensued between Commissioner Gilbert and Mr. Marquez regarding the County�s policy requiring proof of W-9 for reimbursement/aid.
Commissioner Gilbert stated he believed the County should use the federal regulation requirements for disbursement of aid and not impose additional requirements which may hinder residents from applying for relief.
Commissioner Gilbert reiterated the comments made by his colleague, Commissioner Hardemon, regarding the challenges municipalities encounter in trying to spend the funds allocated to them; and concurred that the assistance programs targeting the most vulnerable populations such as the rental assistance and senior meals programs needed more support and funding.
Vice Chairman Diaz pointed out that the $36 million deficit was a direct result of relief programs put in place to help the community, and stated he did not want to alarm the public with comments about increasing taxes at this point in time. He noted the intent of today�s (12/17) discussions was to simply get an understanding of the remaining funds available to ensure the County did not exceed the budgeted amounts. Vice Chairman Diaz urged his colleagues to refrain from requesting any changes to the allocations until the administration had the opportunity to review the program numbers and get a better grasp of the remaining unspent funds and determine the best way to allocate/disburse the remaining funds.
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Special Item No. 2
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202397
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Discussion Item
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Rebeca Sosa
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DISCUSSION ITEM: MR. CARLOS MIGOYA TO PROVIDE THE BOARD WITH A REPORT ON COVID-19 VACCINE GUIDELINES
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Presented
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REPORT:
Acting Chairwoman Sosa requested Mr. Carlos Migoya, President and Chief Executive Officer, Jackson Health System (JHS) provide the Board of County Commission (Board) with a report regarding the status of the Coronavirus Disease (COVID-19) vaccine guidelines.
Mr. Migoya reported that there were 50 hospitals nationwide identified to receive the Pfizer-BioNTech (Pfizer) vaccine with five (5) hospitals located in the State of Florida including Jackson Memorial Hospital (JMH), Memorial Regional Hospital in Hollywood, AdventHealth Orlando, Tampa General Hospital, and University of Florida (UF) Health Shands, Gainesville. He indicated JMH was expected to receive approximately 20,000 doses of the vaccine for Miami-Dade County healthcare workers. Mr. Migoya stated JMH would be providing the vaccine to the University of Miami Health System, UF Health Shands Hospital, HCA Healthcare, Baptist Hospital and Nicklaus Children�s Hospital. He noted the vaccination process was voluntary and anticipated vaccinating healthcare workers within the first seven days from receipt of the vaccine with a second dose administered three (3) weeks after the first dose.
Mr. Migoya added that Pfizer along with other vaccine manufacturers would most likely be releasing more vaccines in the next 10 days.
Mr. Migoya announced the second phase of vaccinations would most likely include police and fire first responders and stated he was hopeful this would begin in the first week of January once Pfizer and other vaccine manufacturers released more doses. He indicated the third phase of the vaccine rollout would target �at risk� individuals followed by the general population in March.
Mr. Migoya stated while the vaccination rollout plan was fluid, JHS was intent on complying with the orders from the State of Florida and would only be administering vaccines to Miami-Dade healthcare workers in the first phase.
Acting Chairwoman Sosa thanked Mr. Migoya for his update and invited him to return whenever he received additional information.
Mr. Migoya added in conjunction with the first phase of vaccines for healthcare workers administered through the hospitals, Walgreens and CVS pharmacies would also be administering vaccines to nursing home and adult living facility (ALF) healthcare workers.
Discussion ensued between Acting Chairwoman Sosa and Mr. Migoya regarding the third phase of vaccines which would target seniors over sixty-five years old with pre-existing conditions.
Commissioner Garcia voiced his concerns about the accuracy of the rapid response COVID-19 tests and inquired about the County�s position in encouraging residents to take the polymerase chain reaction (PCR) instead of the rapid response tests.
Mr. Migoya noted that the rapid response tests produced a 25% to 40% false negative response and explained while a positive result from the rapid response test was 100% accurate, 25% to 40% of negative results were incorrect. He further acknowledged that that the PCR test was more accurate, but there was a time issue in receiving results.
Miami-Dade County Mayor Levine Cava concurred that better messaging was needed to ensure the public understood the accuracy and reliability of rapid response test results.
In response to Acting Chairwoman Sosa�s question regarding the accuracy of PCR tests, Mr. Migoya reported that PCR tests produced 99.9% accurate results and noted that the issue was not about funding to purchase the tests but rather about
availability of tests for purchase.
Mayor Levine Cava reiterated that she agreed the County needed to develop a clearer and more concise message to deliver to the public regarding the accuracy of the tests available.
Acting Chairwoman Sosa asked for clarification regarding the testing method for the PCR test.
Mr. Migoya advised that PCR tests were administered via deep nasal swabs which most people avoided due to the discomfort.
Mayor Levine Cava noted that Miami-Dade County COVID-19 testing sites administered only PCR tests while the State of Florida testing sites provided options for the antigen or rapid response tests.
Commissioner Garcia requested the administration to ensure the messaging campaign encourage residents to take the PCR test instead of the rapid response test. He stressed the importance of educating the public to the accuracy of the different types of tests and noted education was vital to controlling the spread of the virus.
Responding to requests for clarification from Acting Chairwoman Sosa regarding the correct method for the collection of samples for PCR tests, Captain Jason Fernandez, Miami-Dade Fire Department, confirmed that both the oral and nasal swab method were done for PCR testing.
Mr. Migoya added that specific saliva and blood tests could also be performed for antigen or rapid response tests.
Acting Chairwoman Sosa recognized and commended the County�s Fire Department and employees and staff at JMH for all they have done to serve the public during the pandemic.
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Special Item No. 3
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202418
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Resolution
 Clerk's Official Copy
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Jose "Pepe" Diaz
Rebeca Sosa
Sally A. Heyman
Kionne L. McGhee
Sen. Javier D. Souto
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RESOLUTION URGING THE FLORIDA GOVERNOR TO ISSUE AN EXECUTIVE ORDER, AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION, PROVIDING RELIEF IN THE WAKE OF CORONAVIRUS DISEASE 2019 (COVID-19) TO PROPERTY OWNERS STRUGGLING TO PAY THEIR PROPERTY TAXES, SUCH AS EXTENDING THE PROPERTY TAX DISCOUNT PAYMENT PERIODS
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Adopted
Resolution R-1233-20
Mover: Jose "Pepe" Diaz
Seconder: Rebeca Sosa
Vote: 12 - 0
Absent: Martinez
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REPORT:
Acting Chairwoman Sosa accepted Vice Chairman Diaz�s invitation to be a co-prime sponsor on the foregoing proposed item.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
Later in the meeting, Successor County Attorney Geri Bonzon Keenan announced that Commissioner McGhee requested he be added as a co-sponsor for the foregoing item.
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Special Item No. 4
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202415
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Resolution
Clerk's Official Copy
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Eileen Higgins
Sally A. Heyman
Kionne L. McGhee
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RESOLUTION REALLOCATING A TOTAL OF NOT-TO-EXCEED $1,911,530.38 OF UNSPENT CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) FUNDS FROM THE HOSPITALITY INDUSTRY GRANT PROGRAM TO THE SMALL NONPROFIT SUPPORT GRANTS PROGRAM TO ALLEVIATE FINANCIAL HARDSHIPS CAUSED BY THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC, NOTWITHSTANDING RESOLUTION NO. R-1158-20; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE DOCUMENTS
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Adopted
Resolution R-1234-20
Mover: Eileen Higgins
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Martinez
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REPORT:
Commissioner Higgins stated the intent of the foregoing proposed item.
Commissioner Hardemon thanked Commissioner Higgins for ensuring the County Attorney�s Office clarified Part B of the foregoing proposed resolution.
Acting Chairwoman Sosa pointed out the item divided the funds among the thirteen (13) Commission Districts.
Commissioner Regalado thanked �The Miami Foundation Inc.� for providing each Board memberwith the list of nonprofit organizations serving the community and the services provided by each entity.
Discussion ensued between Acting Chairwoman Sosa and Commissioner Monestime regarding the December 15, 2020 deadline currently in place for applications for relief/aid.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.
Successor County Attorney Geri Bonzon Keenan announced that Commissioner McGhee requested he be added as a co-sponsor for the foregoing item.
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12/4/2020
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. 5
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202253
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Resolution
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Rebeca Sosa
Jose "Pepe" Diaz
Oliver G. Gilbert, III
Sally A. Heyman
Eileen Higgins
Kionne L. McGhee
Raquel A. Regalado
Sen. Javier D. Souto
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RESOLUTION AMENDING RESOLUTION NO. R-332-20 RELATING TO FINANCIAL RELIEF PLANS AT THE AIRPORTS DUE TO THE EFFECTS OF CORONAVIRUS DISEASE 2019 (COVID-19); EXTENDING THE TERM OF RELIEF FOR CERTAIN BUSINESS PARTNERS AT MIAMI INTERNATIONAL AIRPORT ON A MONTH-TO-MONTH BASIS FROM JANUARY 1, 2021 TO NO LATER THAN APRIL 30, 2021 FOR A TOTAL AMOUNT OF $32,996,656.00, SUBJECT TO TERMINATION UPON A FINDING OF A CHANGE IN CIRCUMSTANCES; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE AMENDMENTS TO AGREEMENTS WITH CERTAIN AIRPORT BUSINESS PARTNERS AND TO EXECUTE ANY SUBSEQUENT AGREEMENTS NECESSARY TO EFFECTUATE THE EXTENSION OF THE FINANCIAL RELIEF PLAN AND EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION, PROVIDED THAT ANY RELIEF EXTENDED SHALL BE SUBJECT TO APPROVAL BY THE FEDERAL AVIATION ADMINISTRATION AND COMPLIANCE WITH THE AIRPORT AMENDED AND RESTATED TRUST AGREEMENT AND BOND COVENANTS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO STRATEGIZE AND DEVELOP A FORWARD-LOOKING LONG-TERM PLAN TO PROVIDE FINANCIAL ASSISTANCE TO CONCESSIONAIRES AT MIAMI INTERNATIONAL AIRPORT DUE TO THE EFFECTS OF COVID-19; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE REPORTS PURSUANT TO ORDINANCE NO. 14-65
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Deferred
to
December 15, 2020
Resolution R-1254-20
Mover: Rebeca Sosa
Seconder: Sally A. Heyman
Vote: 12 - 0
Absent: Martinez
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REPORT:
The Board deferred the foregoing proposed resolution from today�s (12/7) Board of County Commission (BCC) agenda until the December 15, 2020 BCC meeting, as requested by Acting Chairwoman Sosa.
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12/3/2020
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(S)
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15F1
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202451
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Resolution
Clerk's Official Copy
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Rebeca Sosa
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RESOLUTION URGING THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO REIMBURSE THE COUNTY FOR PROVISION OF FOOD TO ELDERLY COUNTY RESIDENTS
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Adopted
Resolution R-1235-20
Mover: Rebeca Sosa
Seconder: Oliver G. Gilbert, III
Vote: 11 - 0
Absent: Souto , Martinez
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REPORT:
Assistant County Attorney David Murray read the following motion, as proposed by Acting Chairwoman Sosa into the record:
�The Board of County Commission urges the Federal Emergency Management Agency (FEMA) to authorize reimbursement for the County provision of food to elderly residents in perspective 90 day period after December 31, 2020.
Section 2
The Clerk of the Board be directed to transfer a copy of this resolution to members of the Miami-Dade County Federal legislation delegation.
Section 3
The County�s federal lobbyist be directed to advocate for the actions set forth in sections 1 and 2 above and authorize and directs the Office of Inter-governmental Affairs to amend the 2020 federal legislative package and to include this item in a 2021 federal legislation item presented to the Board.�
Acting Chairwoman Sosa reviewed the intent of the foregoing motion.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed motion as read into the record.
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15F2
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202452
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Resolution
Clerk's Official Copy
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Keon Hardemon
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RESOLUTION AMENDING RESOLUTION NO. R-781-20; ALLOWING MUNICIPALITIES TO USE THE $75,000,000.00 IN FUNDS PREVIOUSLY ALLOCATED THROUGH THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) CORONAVIRUS RELIEF FUND, AS INDICATED ON LINE 18 OF THE ATTACHED EXHIBIT, FOR CARES ACT ELIGIBLE CORONAVIRUS DISEASE 2019 (COVID-19) RELATED PROGRAMS THROUGH GRANTS FROM THE COUNTY, WITH PRIORITY GIVEN TO EVICTION PREVENTION AND RENTAL ASSISTANCE PROGRAMS, IN ADDITION TO PREVIOUS AUTHORITY FOR MUNICIPALITIES TO USE SUCH FUNDS FOR REIMBURSEMENT OF FEMA LOCAL MATCH ELIGIBLE EXPENDITURES AND ANY CARES ACT ELIGIBLE GOVERNMENTAL OPERATIONS EXPENDITURES THAT ARE NOT FEMA REIMBURSABLE; AUTHORIZING THE COUNTY MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS RESOLUTION
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Adopted
Resolution R-1236-20
Mover: Keon Hardemon
Seconder: Jose "Pepe" Diaz
Vote: 10 - 0
Absent: Higgins , Souto , Martinez
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REPORT:
Commissioner Hardemon stated while he acknowledged Vice Chairman Diaz�s suggestion to give the administration additional time to finalize the figures in the memorandum and determine the unspent balances in each program and the best way to reallocate said funds, he would still like to make a motion to amend Line 18 of the memorandum to allow the municipalities to utilize the $75 million previously allocated through the 2020 Coronavirus Relief Fund (CRF) for Coronavirus disease (COVID-19) related programs which fit within the federal guidelines with no additional requirements being imposed by the County.
Commissioner Hardemon explained the intent of his motion was to ensure the municipalities were allowed to allocate funds in a more timely and efficient manner in keeping with County programs administered through non-for-profit organizations such as The Miami Foundation Inc.
Acting Chairwoman Sosa voiced her concerns regarding the language of the motion and stressed that it was the Board of County Commissioners (Board/BCC) role to represent the entire County and not just municipalities.
Miami-Dade Chief Financial Officer (CFO) Edward Marquez pointed out that the County had entered into Interlocal Agreements with each municipality in accordance with previous legislation adopted by the Board. He explained that these agreements would have to be modified and deferred to the County Attorney�s Office for guidance.
Mr. Marquez noted that the County followed federal guidelines which required tax information for specific disbursements and pointed out that tax form 1099 was issued to recipients receiving over a certain amount of money. He stated as the primary recipient of funds, the County was required to obtain signed affidavits and tax information for auditing purposes and reassured the Board members that the municipalities were not being asked to comply with any more requirements than County administered programs.
Assistant County Attorney Michael Mastrucci confirmed that the Interlocal Agreements would have to be amended to allow the $75 million dollars to be used for new COVID-19 programs.
Vice Chairman Diaz asked whether the County was responsible for maintaining oversight of how the Coronavirus Aid, Relief and Economic Security (CARES) Act funding was administered or if the municipalities could assume responsibility for their portions of the money.
Commissioner Hardemon clarified that he was not asking for the municipalities to be released from any requirements but instead wanted the municipalities to have greater flexibility on how the CRF monies could be spent. He noted the Interlocal Agreements could be amended as a matter of law.
Acting Chairwoman Sosa voiced her concerns about the process involved in amending the Interlocal Agreements and asked Commissioner Hardemon to consult with the County Attorney�s Office for the best way to move forward.
Commissioner Heyman expressed her concerns about changing program spending criteria at this point in time and the County�s liability for doing so.
Ms. Jennifer Moon, Chief of Policy and Budgetary Affairs, noted that the County would ultimately be liable for all CARES Act funding received from the federal government. She pointed out that the municipalities had only submitted documentation for reimbursements for $25 million from the $75 million Federal Emergency Management Agency (FEMA) operational expenses funds and a few hundred thousand dollars in reimbursement requests from the $25 million set aside for programs. Ms. Moon stated that the municipalities were delayed in submitting reimbursement documentation to access the funds and noted that recent changes which allow submissions for any expenses related to public safety should help the municipalities access the funds more easily. She indicated that the County remained prepared to help the municipalities in any way possible to expedite the reimbursement process and access the available funding.
Commissioner Heyman reiterated her concerns about changing the criteria now and the possible consequences it would have on the County.
Commissioner Gilbert pointed out that the Interlocal Agreements prohibited municipalities from accessing funds for duplicate programs and cited the rental assistance program offered by the City of Miami Gardens as an example. He contended if the language of the agreement was amended to allow municipalities to access funds for any COVID-19 related expense and not just for �new� programs, the restrictive language prohibiting municipalities from submitting reimbursement requests would be removed.
Mr. Marquez clarified the reference to �new COVID-19 programs� meant any program not currently administered by the County and there was never any intent to restrict duplicative services or programs.
Discussion ensued between Commissioner Gilbert and Mr. Marquez regarding the County�s communicated policy regarding duplicative programs.
Successor County Attorney Geri Bonzon Keenan stated the motion before the Board at this time was to amend the program to allow the municipalities to use funds for COVID-19 related programs. She pointed out the program was currently set up for reimbursement-based payments and noted that Assistant County Attorney Michael Mastrucci was currently consulting with Commissioner Hardemon to clarify the motion.
Commissioner Hardemon pointed out that his Commission District was comprised of municipalities and Unincorporated Municipal Service Areas (UMSA). He explained the intent of his motion was to allow municipalities the flexibility to access the $75 million currently allocated for FEMA local match eligible expenditures and any CARES Act eligible governmental operation expenditure not FEMA eligible reimbursable to be used for COVID-19 expenses.
Discussion ensued between Acting Chairwoman Sosa and Mr. Marquez regarding the County�s liability for CARES Act funding.
Responding to Mr. Marquez�s question as to the current language included in the Interlocal Agreements regarding FEMA related expenditures, Assistant County Attorney Michael Mastrucci stated the agreement currently allowed the $75 million to be used for FEMA reimbursable expenses and explained if the intent of the motion was to allow the $75 million to be used for new COVID-19 programs not FEMA reimbursable, this would require an amendment to the $75 million allocation.
Mr. Marquez commented on the breakdown of the allocations approved pursuant to Resolution No. R-781-20.
Commissioner Regalado requested clarification regarding FEMA approved reimbursements/local match eligible expenditures.
Mr. Marquez explained Resolution No. R-781-20 allocated $75 million out of the $100 million received from CARES Act funds for reimbursement of FEMA local match expenditures and any CARES Act eligible governmental operation expenditure not FEMA eligible reimbursable. He noted the remaining $25 million was allocated for municipal programmatic proposals which would also be FEMA eligible.
Commissioner Regalado asked whether Commissioner Hardemon would consider prioritizing specific programs such as the rental assistance program if the proposed motion and amendment to the Resolution No. R-781-20 were to be approved. She urged her colleagues to not only consider short term/immediate relief but to consider how best to leverage the funds to benefit the County and residents long term.
Ms. Moon explained the original $75 million allocation was intended to reimburse expenses for services and programs already provided by the municipalities and clarified the legislative language specified FEMA eligible activities as well as COVID-19 eligible governmental operations. She pointed out that food and rental assistance programs when administered correctly were FEMA eligible and could be reimbursed. Ms. Moon reiterated the County needed to work alongside the municipalities to clarify qualifying expenditures.
Commissioner Hardemon reiterated the intent of his proffered motion was to allow municipalities the flexibility to access the $75 million for COVID-19 expenses. He argued municipalities were not being easily reimbursed for FEMA related expenditures.
Vice Chairman Diaz inquired about the balance of funds available to the municipalities for use.
Ms. Moon pointed out per the memorandum; the municipalities had $58 million left to be used by the end of December.
Commissioner Regalado proffered a friendly amendment to Commissioner Hardemon�s motion which would prioritize funding to rental assistance and eviction prevention programs. She stated that she concurred with Commissioner Hardemon�s observations that the County�s process for allocating funds to not-for-profit organizations was much faster than that for municipalities.
Commissioner McGhee inquired whether the proffered motion before the Board would exclude UMSA.
Ms. Moon explained the $75 million was allocated to the municipalities only and all funds allocated to UMSA had already been spent.
Commissioner McGhee asked if municipalities were to issue gift cards, if residents from UMSA would be excluded from such an initiative.
Ms. Moon reiterated the funds in question could only be used by the municipalities.
Responding to Commissioner McGhee�s question as to the outcome of the motion were it to be approved by the Board, Assistant County Attorney Michael Mastrucci explained the federal government provided $100 million CARES Act funding to the County to be used at its discretion. He noted the $100 million was allocated to municipalities and broken down into two categories, the first being $75 million for reimbursement of FEMA local match expenditures and any CARES Act eligible governmental operation expenditures not FEMA eligible reimbursable; and the second, $25 million for municipal programmatic proposals. Mr. Mastrucci stated the motion as proffered by Commissioner Hardemon would allow the $75 million allocation to be used for new COVID-19 programs in the same manner the $25 million �pot� was utilized.
Commissioner Hardemon accepted the friendly amendment as proffered by Commissioner Regalado to prioritize funding to rental assistance and eviction prevention programs.
Referencing Acting Chairwoman Sosa�s request that the motion also include language which would safeguard the County in the event funds were not used appropriately by the municipalities in accordance with the federal government guidelines and restrictions pertaining to CARES Act funds, Commissioner Hardemon reiterated that it was not his intent to remove any of the federal guideline requirements but instead ensure municipalities were treated fairly.
Commissioner Hardemon also pointed out that a separate �pot� of funds was allocated to UMSA and reassured the Board members that his motion only pertained to the funds allocated to the municipalities.
Commissioner Heyman pointed out that there was a separate �pot� of funds set aside solely for rental assistance and eviction prevention programs that have not been fully utilized and expressed her concerns about prioritizing more funds to be dedicated for such uses when there were so many other areas of need, namely public safety and meals programs.
Commissioner Regalado explained that the �pot� of funds referenced by Commissioner Heyman had not been fully utilized due to the previous program caps and noted recent changes to the caps and qualifying criteria would make the funds more accessible to those in need. She clarified her amendment simply sought to prioritize funding to rental assistance and eviction prevention programs.
Responding to Commissioner Heyman�s request for the balance of funds remaining in the �pot� set aside for rental and eviction prevention programs, Ms. Moon explained that there were currently two �pots� of monies set aside to help renters and residential landlords. She noted the first "pot� for the Emergency Rental Assistance Program was allocated $9.5 million with an estimated $2.5 million committed for use, leaving a balance of $7 million available. Ms. Moon advised the Residential Landlord Financial Assistance Program which Mayor Levine Cava indicated would be revised to increase the cap allowances, was projected to have a balance of $8.5 million still available.
Commissioner Heyman reiterated her concerns about prioritizing additional funding to rental and eviction prevention programs considering the balances currently available in the existing programs.
Commissioner Monestime stated that he was in the process of drafting a motion with the County Attorney�s Office which would have increased funding allocations to the Emergency Rental Assistance Program, but in light of today�s discussions, he believed funding for rental assistance and eviction prevention programs was more than adequate given the balances available in each program. He voiced his concerns about the difficulty residents encounter in accessing the funds/programs and noted the deadline for utilizing the money was fast approaching.
Acting Chairwoman Sosa stated she was hopeful the deadline issue would be addressed by her earlier motion.
Mr. Marquez inquired whether the municipalities would continue to submit documentation to the County for reimbursement and the timeframe for spending the funds before it was recaptured.
Commissioner Hardemon asked for the municipalities to be given the same timeframe to utilize the funds as the other County and not-for-profit administered programs.
Commissioner Garcia stated while he was in support of the motion before the Board, he would urge his colleagues to be mindful about rushing to allocate and spend funds without fully considering the auditing process.
Hearing no further questions or comments, the Board proceeded to vote on the foregoing motion to amend Resolution No. R-781-20 to allow municipalities to use the $75,000,000.00 in funds previously allocated through the CARES Act Coronavirus Relief Fund, as indicated on line 18 of the attached exhibit, for CARES Act eligible COVID-19 related programs through grants from the County with grant requirements similar to those in existing CARES Act Coronavirus Relief Fund grant agreements with not-for-profit entities, with priority given to eviction prevention and rental assistance programs; and such authority is in addition to previously-approved authority for municipalities to use such funds for reimbursement of FEMA local match eligible expenditures and any CARES Act eligible governmental operations expenditures that are not FEMA reimbursable.
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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 was adjourned at 3:26 p.m.
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3A
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CONSENT AGENDA
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| 8/21/2026 |
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Agenda Key: 4528 |