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1
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MINUTES PREPARED BY:
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REPORT:
Tawana Parker, Commission Reporter
(3050 375-5146
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1A
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INVOCATION AS PROVIDED IN RULE 5.05(H)
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REPORT:
Chairman Diaz convened the meeting at 11:02 a.m. and led the invocation followed by the Pledge of Allegiance.
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1B
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ROLL CALL
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REPORT:
Prior to the roll call, Deputy Clerk of the Baord Linda Cave announced that written notification was received from Commissioners Martinez and Souto that they would be absent.
In addition to the members of the Board, the following staff persons were present: Honorable Mayor Daniella Levine Cava; County Attorney Geri Bonzon-Keenan; Assistant County Attorneys Monica Rizo and Michael Valdes; Clerk of the Board Assistant Director Linda Cave; and Deputy Clerk Tawana Parker.
County Attorney Geri Bonzon-Keenan read into the record the Board of County Commissioners Rules of Procedures as it related to special meetings and advised only Special Item #1 and Special Item #2 would be considered at today�s (3/26) agenda as listed in the printed final agenda.
It was moved by Commissioner Sosa that today�s (03/26) agenda be approved. This motion was seconded by Commissioner Heyman and, upon being put to a vote, passed by a vote of 10-0, (Commissioners McGhee, Martinez and Souto were absent).
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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:
Chairman Diaz opened the floor for the reasonable opportunity for the public to be heard and there being no one appear to speak, Chairman Diaz closed the reasonable opportunity to be heard period.
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SPECIAL ITEM(S)
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Special Item No. 1
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210751
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Resolution
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Keon Hardemon
Jose "Pepe" Diaz
Oliver G. Gilbert, III
Eileen Higgins
Kionne L. McGhee
Jean Monestime
Raquel A. Regalado
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RESOLUTION APPROVING, AFTER A PUBLIC HEARING, MARKETING PARTNERSHIP NAMING RIGHTS AGREEMENT (�AGREEMENT�) PURSUANT TO SECTION 2-2201 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 8-9 FOR SALE OF NAMING RIGHTS AND ASSOCIATED SPONSORSHIP RIGHTS TO WEST REALM SHIRES SERVICES INC. DBA FTX.US (�FTX�) TO RENAME THE COUNTY-OWNED ARENA (�ARENA�) LOCATED AT 601 BISCAYNE BLVD., MIAMI, FL 33132 THE �FTX ARENA� FOR A 19-YEAR TERM AND $135,000,000.00 IN PAYMENTS TO THE COUNTY; AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE CERTAIN PROVISIONS THEREIN; RATIFYING SCOPE OF WORK AGREEMENT AND AMENDMENTS THERETO WITH THE SUPERLATIVE GROUP, INC. (�SUPERLATIVE�) FOR CONSULTANT/BROKER SERVICES IN PURSUING AND SECURING A NAMING RIGHTS SPONSOR FOR THE ARENA; APPROVING AMENDMENT 4 TO SCOPE OF WORK AGREEMENT FOR PAYMENT OF COMMISSIONS TO SUPERLATIVE IN AN AMOUNT NOT TO EXCEED $5,238,000.00; DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO ESTABLISH �ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES� TRUST FUND (�TRUST FUND�); ESTABLISHING BOARD POLICY THAT NAMING RIGHTS REVENUES RECEIVED UNDER AGREEMENT OR ANY OTHER CONTRACT FOR NAMING RIGHTS OF ARENA, NET OF EXPENSES, BE DEPOSITED INTO THE TRUST FUND TO BE USED, SUBJECT TO PRIOR BOARD APPROVAL, TOWARDS ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES; DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO REPORT ON COUNTYWIDE SHOOTING STATISTICS WITHIN 60 DAYS AND PREPARE A PLAN FOR ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES; AND DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO PREPARE THE MID-YEAR OR END-OF-YEAR BUDGET AMENDMENT AND ALL FUTURE PROPOSED BUDGETS TO BE CONSISTENT WITH THIS POLICY, TO PREPARE ANNUAL REPORTS ON COUNTYWIDE SHOOTING STATISTICS, AND USE OF TRUST FUNDS IN ACCORDANCE WITH APPROVED PLAN(Office of Management and Budget)
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Amended
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REPORT:
See Special Item No. 1 Amended, Legislative File No. 210781 for the Amended version.
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Special Item No. 1 Amended
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210781
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Resolution
 Clerk's Official Copy
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Keon Hardemon
Jose "Pepe" Diaz
Oliver G. Gilbert, III
Kionne L. McGhee
Jean Monestime
Raquel A. Regalado
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RESOLUTION APPROVING, AFTER A PUBLIC HEARING, MARKETING PARTNERSHIP NAMING RIGHTS AGREEMENT (�AGREEMENT�) PURSUANT TO SECTION 2-2201 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 8-9 FOR SALE OF NAMING RIGHTS AND ASSOCIATED SPONSORSHIP RIGHTS TO WEST REALM SHIRES SERVICES INC. DBA FTX.US (�FTX�) TO RENAME THE COUNTY-OWNED ARENA (�ARENA�) LOCATED AT 601 BISCAYNE BLVD., MIAMI, FL 33132 THE �FTX ARENA� FOR A 19-YEAR TERM AND $135,000,000.00 IN PAYMENTS TO THE COUNTY; AUTHORIZING COUNTY MAYOR OR MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE CERTAIN PROVISIONS THEREIN; RATIFYING SCOPE OF WORK AGREEMENT AND AMENDMENTS THERETO WITH THE SUPERLATIVE GROUP, INC. (�SUPERLATIVE�) FOR CONSULTANT/BROKER SERVICES IN PURSUING AND SECURING A NAMING RIGHTS SPONSOR FOR THE ARENA; APPROVING AMENDMENT 4 TO SCOPE OF WORK AGREEMENT FOR PAYMENT OF COMMISSIONS TO SUPERLATIVE IN AN AMOUNT NOT TO EXCEED $5,238,000.00; DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO ESTABLISH �ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES� TRUST FUND (�TRUST FUND�); ESTABLISHING BOARD POLICY THAT NAMING RIGHTS REVENUES RECEIVED UNDER AGREEMENT OR ANY OTHER CONTRACT FOR NAMING RIGHTS OF ARENA, NET OF EXPENSES, BE DEPOSITED INTO THE TRUST FUND TO BE USED, SUBJECT TO PRIOR BOARD APPROVAL, TOWARDS ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES; DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO REPORT ON COUNTYWIDE SHOOTING STATISTICS WITHIN 60 DAYS AND PREPARE A PLAN FOR ANTI-GUN VIOLENCE AND PROSPERITY INITIATIVES; AND DIRECTING COUNTY MAYOR OR MAYOR�S DESIGNEE TO PREPARE THE MID-YEAR OR END-OF-YEAR BUDGET AMENDMENT AND ALL FUTURE PROPOSED BUDGETS TO BE CONSISTENT WITH THIS POLICY, TO PREPARE ANNUAL REPORTS ON COUNTYWIDE SHOOTING STATISTICS, AND USE OF TRUST FUNDS IN ACCORDANCE WITH APPROVED PLAN [SEE ORIGINAL ITEM UNDER FILE NO. 210751](Office of Management and Budget)
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Adopted as amended
Resolution R-238-21
Mover: Keon Hardemon
Seconder: Oliver G. Gilbert, III
Vote: 10 - 1
No: Garc�a
Absent: Souto , Martinez
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REPORT:
County Attorney Geri Bonzon-Keenan read the item into the record.
Chairman Diaz opened the public hearing and the following person appeared in opposition to the item:
Mr. Barry White, 10001 SW 129 Terrace, Miami, Florida
Seeing no other speakers, Chairman Diaz closed the public hearing.
Mr. Jimmy Morales, Office of the Mayor, Chief Operations Officer, noted the administration would be presenting a successful negotiation for a naming rights deal to rename the County-owned Arena (Arena). He advised the sponsor was West Realm Shires Services Inc. DBA as FTX.US (FTX), he reported the company was a premier platform for trading Bitcoin, digital assets and other crypto currency. Mr. Morales reported FTX was headquartered in Berkeley, California and he added the administration acquired an unconditional guarantee of all of FTX�s payment form obligations by FTX trading limited; an international company in the same field. He provided an overview of the resolution listing the following information:
~ Name - FTX Arena
~ Nineteen (19) year deal
~ Gross revenue to Miami-Dade County (MDC) for ~135 million over 19 years
~ Net annually the $ 2 million payment to the Miami Heat organization and fees paid to naming brand Consultant Superlative $ 5million under the terms of that percentage
~ Over the course of the nineteen (19) years, MDC would receive $90 million net paid to MDC or
~ Payments would be in the form of the United States (US) currency
Mr. Morales reported according to the research conducted by the consultants, this was one of the most lucrative naming rights deal for a local government in the country. He announced the Miami Heat (Heat) organization has entered into a separate deal with FTX for team sponsorship and activation of all components of the naming rights deal. Mr. Morales noted under that agreement, the Heat organization had full responsibility for all activation and the National Basketball Association (NBA) also had to approve the naming rights arrangement, which was currently under review. He mentioned the risk involved, particularly with FTX being a relatively new company in a new industry and pointed out an important measure included the first year payment of $14 million gross, net $8.2 million, which represented the equivalent of two years payment, thus indicating the equivalent of a one-year deposit moving forward for the next nineteen (19) years. In regards to the need to expedite this item, Mr. Morales advised one month of basketball games would be loss by the next Board of County Commissioners (BCC) meeting scheduled for April 20, 2021, the sponsor was eager to get the process started and he noted competition from other venues. He reported a tremendous amount of work went into this project and acknowledged the administration, staff and all associated personnel.
Mayor Daniella Levine Cava stated this historic partnership investment was an opportunity to commit real resources to tackling the growing crisis within the community and invest in building a healthier and safer MDC. She announced gun violence increased during the pandemic, expanded across the entire community and has taken too many lives and noted this crisis needed to be addressed. Mayor Levine Cava mentioned as a result of the American Rescue Plan funds, MDC would receive more than $500 million to support economic recovery and noted those funds would make the budget whole in the coming year. She announced MDC was uniquely positioned to invest this partnership revenue to programs that would fight poverty, tackle violence across the County and rebuild the economy. Mayor Levine Cava reported the administration would work with each commissioner to develop a plan to administer funds, design programs to prevent violence and combat poverty that recognized and reflected the need of the individual district. She added that over the lifetime of this partnership, the administration would be able to invest in programs and solutions to keep families safe and create opportunities for prosperity for a new generation. Mayor Levine Cava urged the Board to support the resolution.
Commissioner Hardemon acknowledged Mayor Levine Cava and staff for all of the work accomplished with this project and noted this partnership between the Board and the Mayor�s office would ensure resources were allocated to address gun violence in the community and poverty within all of the districts.
Chairman Diaz noted although the item was received late and many of the commissioners did not have ample time to review the item, this matter was before the Board due to the importance of the resolution and he indicated this practice would not happen again.
Commissioner Sosa expressed concern with giving up the naming rights to a nationally known basketball team to an unknown company that has not been in existence for a long time. She inquired whether a complete analysis of the company was conducted, she mentioned the naming dispute issue with the proposed company and she asked if the National Basketball Association (NBA) has approved placement of the FTX logo on the basketball court. Commissioner Sosa commented on the criteria for the distribution of funds to each district and noted she was not supportive of the item due to the many unknown variables.
Commissioner Heyman agreed to support the naming of the facility but was not in agreeance with the calculated distribution of the funds and suggested bifurcating the funding portion of the resolution.
In response to Commissioner Heyman�s question, Assistant County Attorney Monica Rizo stated FTX was a legal entity and she stated the contract provided that the company be obligated along with the placement of safeguards to guarantee the availability of funds.
Mr. Felix Jimenez, Inspector General, Office of Inspector General (OIG) informed the Board, this was a new industry and noted the company was cooperative with interrogatories, no illegalities or improprieties were found and nothing extraordinary was revealed to bring to the attention of the Board.
Mr. George Lopez, counsel to Basketball Partners limited; affiliate of Miami Heat limited partnership, advised they have been working with the administration and the County Attorney�s Office, they have reviewed the OIG report and announced their support of the resolution in totality, including but not limited to the approval of this contract.
Commissioner Regalado opined jurisdiction and venue were on point, but she also expressed concern with several issues in the agreement. She pointed out issues relating to the litigation aspect regarding the naming rights, compliance with future regulations, and noted her biggest concern dealt with the funding aspect of the item. She commended the maker of the item, but suggested implementing countywide funding for countywide programs.
Clarifying points referenced earlier, Mr. Morales advised FTX made a commitment to do additional outreach in the community without using the proceeds listed in the resolution and the provisions stated in the agreement. He also informed the Board, since the item had to be sponsored by a commissioner, drafts could not be released earlier due to Florida Sunshine law requirements.
Mr. Edward Marquez, Chief Financial Officer advised the Board, the administration worked on this contract for a month, but noted discussion regarding naming rights have taken place since 2018.
Mayor Levine Cava advised the gun violence plan would return to the Board for approval on the expenditure of funds and she explained the item was being expedited to allow the naming sponsor the benefit of the remaining basketball season.
Commissioner Garcia expressed concern with the time afforded to the Board to review the item and with the proposed distribution of funds. He commented the allocation of resources to certain districts was unacceptable and noted he could not support the plan before the Board today.
Commissioner Monestime commented this maybe the best deal he has heard during his tenure as commissioner and expressed his gratitude to Mayor Levine Cava and Commissioner Hardemon for this proposal. He exclaimed based on this deal he was finally proud to be a politician and to witness action being taken to address gun violence and the loss of life in the community.
Commissioner Gilbert provided examples of instances where he had to console bereaved family members in his district, stated he was opposed to bifurcating the item and announced his full support for the resolution.
Commissioner Higgins thanked Commissioner Hardemon for finding a funding source to dedicate funds to gun violence, but expressed concern with the distribution of funds for each district. She recommended implementing a countywide program to address gun violence and economic opportunity and have the administration provide the plan to the Board of how these funds would be distributed to the appropriate neighborhoods who were suffering the most from this plague.
Mr. Ian Freeburg, 1133 Bigelow Ave North, Seattle, Washington, general counsel for FTX, informed the Board FTX has both an international and US company. He reported the US business was regulated and registered with the Department of Treasury in the United States. Mr. Freeburg explained crypto currency was 15 years old and was a place where people can buy and sell crypto currency. He noted the company was licensed and functioned in the same capacity as the stock exchange.
Commissioner Cohen Higgins inquired about the last known addresses of three of the five principals listed in the contract and inquired about accountability if there were no personal guarantees listed.
Mr. Freeburg stated the company was 80% owned by Sam Bankman-Fried and the three other owners mentioned were passive owners. He added their addresses were known and that information would be provided to the Board. Mr. Freeburg explained the mission of Mr. Bankman-Fried was to donate as much as possible to charity and he addressed the issue pertaining to the NBA granting FTX approval. He announced if approval was not granted FTX had the right to terminate the contract, but noted MDC would be paid $2.5 million for the associated work conducted with this deal.
Commissioner Cohen Higgins thanked the administration and the sponsor for identifying an innovative company and putting together initiatives to address issues that affect our community as a whole.
Responding to Commissioner McGhee�s question pertaining to the opinion of the NBA relating to this deal, Mr. Lopez stated the NBA process was ongoing and every aspect of the relationship with the County was reviewable by the NBA. He assured the Board based on the work that was conducted; there was an expectation upon completion of this agreement that the NBA would render a final approval.
Assistant County Attorney Rizo advised the resolution and contract in front of the Board was legally sufficient.
Commissioner McGhee provided examples of personally related cases of gun violence as well as numerous amount of gun violence cases that have occurred in his district and stated this was one of the greatest moments in MDC history. He commented that race, economics, politics and violence were the pillars that would keep the County divided and he commended Commissioner Hardemon and Mayor Levine Cava for finding a solution to address the gun violence issue plaguing MDC. Commissioner McGhee urged the sponsor not to bi-furcate the item and stated the Board members should address this issue together or the BCC would forever be divided.
Based on a series questioned raised by Commissioner Sosa regarding the owners of the company, Mr. Jimenez announced only internet and social media research was conducted on the owners of the companies outside of the US and he stated the OIG depended on the information provided by the company.
In response to Commissioner Sosa�s inquiry regarding FTX being responsible for any legal actions due to the naming rights or breach of contract, Mr. Freeburg advised the indemnification section of the contract required FTX to pay the cost of any action. To clarify the misrepresentation of the trademark matter, Mr. Freeburg explained FTX commenced the cancellation action against the company that has the same name in a different industry, and noted this does not impact their ability to use the FTX name.
Chairman Diaz indicated the Board was being asked to make a decision in haste, but stated he trusted the advice received from the OIG and the County Attorney�s Office indicating FTX was a legal company. He noted his support for the item and suggested including at risk youth within the resolution. Chairman Diaz also requested the sponsor provide additional information on how the funds would be leveraged across all districts in a program that would be followed properly in an effort to decrease gun violence countywide.
Commissioner Hardemon provided candid examples of his up close experiences with gun violence surrounding his home, his community and the district. He reported there was no greater issue facing the black community in MDC than gun violence and opined this issue must be dealt with head on and commented the Board could no longer hide behind legalese. Commissioner Hardemon stated it was the duty and responsibility of the Board to help solve the issues within the community. He announced Mayor Levine Cava expressed a desire to be a part of this partnership and to be a change maker in MDC, representing everyone and to ensure this program was successful. Commissioner Hardemon revealed part of the reason he struggled with releasing 70% of the funding to the Mayor�s Office, because in his experience he has not met a mayor in MDC that has done anything significant enough to solve the gun violence issues in the community. He professed the Mayor�s office would provide the BCC with a plan that would require Board�s approval on how to spend the budget annually. Commissioner Hardemon declared this was a unique opportunity to use the partnership between the administration and the BCC to show the residents of MDC that the Board cared about eliminating the numerous amount of deaths due to gun violence, increasing economic development and creating vibrant neighborhoods.
Discussion ensued amongst the Board members regarding how the program would be implemented and monitored to ensure efficiency and several amendments were offered and accepted by the sponsor.
County Attorney Bonzon-Keenan clarified the foregoing proposed resolution would be amended as follows:
-for section 4.2.4 of the contract, the charitable and educational partnerships described in this section were in addition to and not in replacement of any use by the County of the fees received under the agreement;
-for the addition of a specific provision to the contract in a new section 35.1.15, which would require compliance with any federal and state statutes, rules and regulations, relating to the services the naming rights partner provides in the United States in the exclusive category which may be amended from time to time;
-for the District 5 portion of the 30% allocated funding would go back into the Mayor planned funding; and
- for addition to section 7 of the resolution that the money could be used for at risk youth.
Mr. Freeburg, announced on the record he agreed with the additional changes and amendments to the contract.
Commissioner McGhee remarked this commission has conveyed to the world that the Board was unified and he acknowledged Chairman Diaz for bringing the commission together for this defining moment in MDC history.
There being no further comments or questions, the Board proceeded to vote on the item as amended.
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Special Item No. 2
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210745
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Resolution
Clerk's Official Copy
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Eileen Higgins
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RESOLUTION APPROVING A TEMPORARY EASEMENT AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH WHICH GRANTS TO MIAMI-DADE COUNTY, FOR A 28- MONTH PERIOD, THE USE OF THREE TEMPORARY EASEMENT AREAS OWNED BY THE CITY OF MIAMI BEACH AND LOCATED AT 46TH, 53RD AND 65TH STREETS FOR ACCESS AND STAGING TO RENOURISH MULTIPLE ERODED AREAS OF MIAMI BEACH AND WHICH PROVIDES FOR PAYMENT BY THE COUNTY TO THE CITY IN AN AMOUNT NOT TO EXCEED $663,000.00, BASED IN PART ON THE NUMBER OF PARKING SPACES USED, PER DAY, TO COMPENSATE THE CITY OF MIAMI BEACH FOR LOSS OF PARKING REVENUE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE THE PROVISIONS CONTAINED THEREIN(Regulatory and Economic Resources)
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Adopted
Resolution R-239-21
Mover: Eileen Higgins
Seconder: Rebeca Sosa
Vote: 10 - 0
Absent: McGhee , Souto , Martinez
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REPORT:
County Attorney Geri Bonzon-Keenan read the item into the record.
Hearing no comments, the Board proceeded to vote on the item as presented.
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ADJOURNMENT
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REPORT:
There being no further business to come before the Board, the meeting adjourned at 1:58 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: 4577 |