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1
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MINUTES PREPARED BY:
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REPORT:
Flora Garcia, Commission Reporter
(305) 375-4906
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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 First Budget Hearing meeting at 5:04 p.m. and announced Mayor Levine Cava�s birthday.
Vice Chairman Gilbert III made the invocation, followed by the Pledge of Allegiance.
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1B
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ROLL CALL
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REPORT:
In addition to the Board members, the following staff persons attended today�s (09/14) meeting:
- County Attorney Geri Bonzon-Keenan, First Assistant County Attorney Gerald Sanchez, Executive Assistant County Attorney Jess McCarty, and Assistant County Attorney Terrence Smith
- Director Melissa Adames and Deputy Clerk Flora Garcia, Clerk of the Board
Mayor Daniella Levine Cava was also present.
MOTION TO SET THE AGENDA:
County Attorney Geri Bonzon-Keenan announced at today�s (09/14) first budget hearing the Board would conduct a public hearing and adopt proposed mileage rates, set fees, rates, other charges, and would adopt tentative budgets for Miami-Dade County for Fiscal Year (FY) 2021-22. She noted eight (8) proposed ordinances were before the Board for consideration, and the proposed mileage rates to be adopted at today�s (09/14) budget hearing would set the budget ceiling for the final mileage rates that could be adopted at the Second Budget Hearing to be held on September 28, 2021.
Budget Director David Clodfelter, Office of Management and Budget (OMB), advised the accompanying memorandum to the proposed budget dated September 7, 2021, entitled �Information for First Budget Hearing,� should be revised to correct scrivener�s errors as follows:
1. on page 4, section III(A), second to last sentence in first paragraph, the ECDP balance of $65.568 million should be changed to $65.768 million;
2. on page 5, under section III(B), entitled �Collective Bargaining,� fourth and sixth lines, the figure ($23.604 million) should be changed to ($20.767 million);
3. on page 5, under section III(B), entitled �Collective Bargaining,� seventh line, the figure ($47.208 million) should be changed to ($41.534 million);
4. on page 5, under section C, entitled �Funding for Directives,� in the second sentence, reference to the Board�s meeting date should be changed from July 20th to June 15, 2021, joint meeting;�
5. on page 10, sentence under the section entitled �General Government Improvement Fund (GGIF), the figure $2.5 million should be changed to $2.0 million;
6. on page 12, section F, entitled �People�s Transportation Plan Pro-Forma Adjustments and Five-Year Financial Outlook,� the second�s paragraph last sentence should be changed to read: �Additionally, the balance at the end of the Five-Year Financial Outlook reflects a funding gap of $257.33 million from the proposed $333.509 million, a reduction of $76.179 million;� and
7. Attachment G should be amended to include a Table of Organization (TOB) for the State�s Attorney�s Office, which included an additional four (4) positions for the Peace and Prosperity Plan.�
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1C
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PLEDGE OF ALLEGIANCE
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ITEMS
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212186
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Report
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INFORMATION FOR FIRST BUDGET HEARING - FY 2021-22 PROPOSED BUDGET(Mayor)
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Presented
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REPORT:
Miami-Dade County Mayor Daniella Levine Cava presented an overview on the �Information for First Budget Hearing � FY 2021-22 Proposed Budget Report� and explained the content of the proposed budget. She stated the proposed budget was strong, responsible, accountable to our residents, efficient, fiscally balanced, compassionate, and reflected our values; and it maintained the same level of service with a flat tax rate during an unprecedented and challenging budget year. She advised it focused and included the following objectives, program enhancements, and expanded services:
1. invested in the community�s priorities;
2. invested in key priorities emerging from the Strive 305 community engagement process;
3. invested directly in services to rebound the economy from the pandemic;
4. included services to help residents and businesses recover from the pandemic;
5. maintained critical services and enhancements to programs without tax increases;
6. funded key priorities and strategic investments to help support long-term economic recovery and enhanced public safety countywide;
7. included funding for the Miami-Dade Police Department�s (MDPD) Summer Heat Program to take gun away from the streets to reduce gun violence and assault crimes to create safer neighborhoods across the County;
8. included funding for the Rental Assistance Demonstration (RAD) Program, which allowed the redevelopment of distressed, older public housing sites to develop thousands of additional units;
9. funded the development of rail transit corridors around key areas to increase mobility;
10. created partnerships with community organizations;
11. included a greater focus on expanded resiliency;
12. included new enhancements to fund the Peace and Prosperity Plan (PPP);
13. included key investments in the workforce, especially for first responders;
14. created good-paying jobs and programs to strengthen the economy and increase property values;
15. invested in neighborhood infrastructures to protect the environment;
16. protected taxpayers and the workforce while protecting the County�s reserves;
17. addressed the County�s largest challenges such as transportation, affordable housing, critical social services, and the growth of small businesses;
18. included funding for targeted service increases;
19. included funding to complete new facilities like fire rescue stations and library locations; and
20. streamlined costs in the areas of aviation, port activities, elections, and other departments.
Mayor Levine Cava commented she was proud to say the County was able to negotiate the best labor union contracts and most comprehensive benefit packages for county employees over a decade. She thanked all county employees for their responsiveness and maintaining essential services during the coronavirus disease 2019 (COVID-19) and emergency, tragic situations, which demonstrated their commitment to the community. She also expressed her enormous gratitude for all of those persons that worked with her. She stated the proposed budget placed the County in the strongest possible position to recover from COVID-19 while engaging the entire community and investing equitably throughout the community.
Mayor Levine Cava thanked the Board members for working together with her as a team to develop and implement the PPP and prepare the proposed budget.
Upon conclusion of the Mayor�s presentation of the foregoing report, Chairman Diaz opened the public hearing; and the following persons appeared before the Board to express their opinions and concerns:
1. Dr. Enid Pinkney, 4990 NW 31 Avenue, Miami, Florida
2. Dr. Armen Henderson, 5575 SW 6 Street, Miami, Florida
3. Ms. Vicki Lopez, 2101 Brickell Avenue, Unit #809, Miami, Florida
4. Ms. Annie Lord, 1951 NW 7 Avenue, Suite 600, Miami, Florida
5. Rabbi Yossi Harlig, 8700 SW 112 Street, Miami, Florida
6. Ms. Rachel Silverstein, Executive Director, Miami WaterKeeper
2103 Coral Way, Second Floor, Miami, Florida
7. Ms. Audrey Siu, 2355 NE 191 Street, Miami Beach, Florida
8. Ms. Samantha Morejon, 12010 SW 105 Terrace, Miami, Florida
9. Ms. Marya Meyer, 1781 Opechee Drive, Miami, Florida
10. Ms. Jenneva Clauss, 50 Biscayne Boulevard, Miami, Florida
11. Ms. Beatrice Gonzalez, 217 NW 15 Street, Miami, Florida
12. Mr. Derrick Holmes, 169 Flagler Street, Miami, Florida
13. Ms. Sharon Frazier-Stephens (address exempt)
14. Mr. Carl Bey, 5150 NW 2 Avenue, Miami, Florida
15. Ms. Alejandra Rondon, 3309 William Avenue, Miami, Florida
16. Ms. Elizabeth Suarez, 10785 SW 108 Avenue, Miami, Florida
17. Mr. Guillermo McCausland, 1659 NE 104 Street, Miami Shores, Florida
18. Ms. Mahlia Lindquist, 1206 Madrid Avenue, Coral Gables, Florida
19. Ms. Danielle Estes, 3035 SW 18 Street, Miami, Florida
20. Ms. Senait Beine, Sfire Associates, LLC, and South Florida International Realty
21. Ms. Kumren Ali, Mecadome, 5150 NW 2 Avenue, Miami, Florida
22. Ms. Angeline Jackson, 3035 SW 18 Street, Miami, Florida
23. Ms. Nancy DeNike, 3035 SW 18 Street, Miami, Florida
24. Mr. Julio Montiel-Lopez, 8990 Kirby Drive, Suite 245, Houston, Texas
25. Ms. Michelle Shindell, 2911 Natoma Street, Miami, Florida
26. Ms. Yanellis Valdes, 58 NE 14 Street, Miami, Florida
27. Ms. Anaruth Solache, 6776 NW 187 Terrace, Miami, Florida
28. Mr. Theophilus Williams, 1391 NW 95 Street, Miami, Florida
29. Dr. Venus Miller, 12010 SW 268 Street, Miami, Florida
30. Ms. Kathy Brunson, 14621 SW 105 Court, Miami, Florida
31. Ms. Maria Llorens, 3157 Carter Street, Miami, Florida
32. Ms. Jacqui Colyer, 4240 NW 27 Avenue, Miami, Florida
33. Ms. Gloria Romero Roses, 808 Brickelly Key Drive, Apartment 1001, Miami, Florida
34. Ms.Lisa Gilbert, 22790 SW 112 Avenue, Miami, Florida
35. Ms. Nohemi Gutierrez, 22790 SW 112 Avenue, Miami, Florida
36. Ms. Deserie Beick, 22790 SW 112 Avenue, Miami, Florida
37. Ms. Maxine Walker, 22790 SW 112 Avenue, Miami, Florida
38. Ms. Ann Hennis, 22790 SW 112 Avenue, Miami, Florida
39. Ms. Natasha Bergmans, 22790 SW 112 Avenue, Miami, Florida
40. Ms. Angelica Hamilton, 22790 SW 112 Avenue, Miami, Florida
41. Ms. Emelly Chaple, 22790 SW 112 Avenue, Miami, Florida
42. Mr. Bernardo Viera, 5101 SW 154 Street, Miami, Florida
43. Ms. Josie Goytisolo, 22790 SW 112 Avenue, Miami, Florida
44. Ms. Ailed Saavedra, 22790 SW 112 Avenue, Miami, Florida
45. Mr. Michael Rosenberg, 13030 North Calusa Club Drive, Miami, Florida
46. Ms. Luz Medrano, 22790 SW 112 Avenue, Miami, Florida
47. Ms. Alexandra Contreras, 1400 Salzedo Street, Miami, Florida
48. Ms. Dorothy Morrison, 3535 NW 213 Street, Miami Gardens, Florida
49. Mr. Esteban Wood, 201 North Krome Avenue, Miami, Florida
50. Ms. Michelle Prescott, Esquire (address exempt)
51. Ms. Anabel Llopis, 282 Pinecrest Drive, Miami Springs, Florida
52. Ms. Jeanette Ruiz, 7449 NW 168 Street, Miami, Florida
53. Ms. Paola Ferreira, 5530 Sunset Drive, Miami, Florida
54. Mr. John Murphy, 1449 Ancona Avenue, Coral Gables, Florida
55. Ms. Rose Louis, 845 NE 146 Street, Miami, Florida
56. Ms. Luce Janvier, (no street address given) North Miami, Florida
57. Ms. Mimose Cineas, 100 NE 84 Street, Miami, Florida
58. Mr. Paul Namphy, 100 NE 84 Street, Miami, Florida
59. Mr. Ivan Alizade, 10 Aragon Avenue, Suite 901, Coral Gables, Florida
60. Ms. Yohina Aguilar, 159 NW 9 Street, Apartment 208, Miami, Florida
61. Mr. Edwin Sheppard, 4240 NW 27 Avenue, Miami, Florida
62. Ms. Deborah Dietz, 2990 SW 35 Avenue, Miami, Florida
63. Ms. April Brodhead, 426 NE 34 Street, Miami, Florida
64. Ms. Jessica P., 720 NW 55 Street, Miami, Florida
65. Ms. Virginia Maria Anichiarico, 754 NW 54 Street, Miami, Florida
66. Mr. Lois Eudovique, 1701 NW 2 Court, Miami, Florida
67. Ms. Norma Uriostegui, 720 NW 55 Street, Miami, Florida
68. Ms. Zelalem Adefris, 1236 Drexel Avenue, Apartment 8, Miami Beach, Florida
69. Ms. Brenda Bentacourt, 1436 SW 6 Street, Miami, Florida
70. Mr. Jared Simon, 3800 Irvington Avenue, Miami, Florida
71. Ms. Nora Sandigo, 10450 SW 178 Avenue, Miami, Florida
72. Ms. Alysa Veloz, 9321 SW 192 Drive, Cutler Bay, Florida
73. Ms. Adela Morales, 9321 SW 192 Drive, Cutler Bay, Florida
74. Ms. Julie Robinson, 14661 Harrison Street, Miami, Florida
75. Ms. Vivian Smith, 1410 NW 72 Street, Miami, Florida
76. Ms. Trenice Bryant, 745 NW 54 Avenue, Miami, Florida
77. Mr. Christopher Carcia-Wilde, 1615 Meridian Avenue, Miami Beach, Florida
78. Ms. Claudia Navarro, 201 North Krome Avenue, Homestead, Florida
79. Ms. Deborah Carter, 812 NW 66 Street, Miami, Florida
80. Mr. Morgan Gianola, 5833 SW 62 Street, Miami, Florida
81. Ms. Katherine Passley, 21051 San Simeon Way, Miami, Florida
82. Ms. Robin Castellano, 23965 SW 108 Place, Miami, Florida
83. State of Florida Representative Roy Hardemon, 655 NW 48 Street, Miami, Florida
84. Ms. Mariana Ochoa, 3601 SW 11 Street, Apartment 2B, Miami, Florida
85. Ms. Katrina Erwin, 1470 Baracoa Avenue, Coral Gables, Florida
86. Ms. Susan Racher, 10303 SW 72 Avenue, Miami, Florida
87. Ms. Adele Valencia (address exempt)
88. Ms. Cristina Livingston, 9971 West Bay Harbor Drive, Bay Harbor Island, Florida
89. Ms. Samantha Duran, 15331 SW 112 Terrace, Miami, Florida
90. Mr. Steven Schwartz, 3699 Bougainvillea Road, Coconut Grove, Florida
91. Ms. Martine Charles, 670 NW 107 Avenue, Apartment 214, Miami, Florida
92. Mr. Ritibh Kumar 10450 SW 178 Avenue, Miami, Florida
93. Ms. Denica Jones, 13914 SW 101 Lane, Miami, Florida
94. Ms. Vanessa Joseph, Esquire, 776 NE 125 Street, Miami, Florida
95. Ms. Rose De Sicilia, 7815 Camino Real, Apartment 415, Miami, Florida
96. Mr. Stanley Young, 1180 NW 99 Street, Miami, Florida
97. Dr. Deborah George, 800 Claughton Isle Drive, Miami, Florida
98. Ms. Linda Schotthoefer, 13000 SW 92 Avenue, Suite B405, Miami, Florida
99. Mr. Brendon Barrettm 15391 South Dixie Highway, Suite 59, Miami, Florida
100. Mr. Albert Gomez, 3566 Vista Court, Miami, Florida
101. Mr. Leroy Jones, 5120 NW 24 Avenue, Miami, Florida
102. Ms. Alexandra Palomo-Pujol, 2455 South Bayshore Drive, Miami, Florida
103. Ms. William Quinlan, 2064 Prairie Avenue, Miami Beach, Florida
104. Ms. Sandra Denis, 745 NW 54 Street, Miami, Florida
105. Ms. Rebecca Pelham, 1011 Bay Drive, Apartment 206, Miami Beach, Florida
106. Mr. Edward Garza, 101 NE 19 Street, Homestead, Florida
107. Ms. Angela Pinder, 129 NE 80 Terrace, Miami, Florida
108. Mr. David Pobiak, 12000 North Bayshore Drive, Apartment 202, North Miami, Florida
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ITEM A
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212187
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING THE MILLAGE FOR COUNTYWIDE GENERAL FUND OPERATING PURPOSES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; LEVYING ALL TAXES SO PROVIDED; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 28, 2021
Ordinance 21-91
Mover: Rebeca Sosa
Seconder: Raquel A. Regalado
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), read the statutory millage rate statement into the record. He stated the proposed countywide operating millage rate for Fiscal Year 2021-22 was 4.6669 mills, which was 4.27 percent above the state-defined rolled-back rate of 4.4757 mills. The proposed millage rate generated revenues to support services included in the proposed budget to include enhanced law enforcement and increased maintenance of effort funding for the Department of Transportation and Public Works (DTPW).
Hearing no other comments or objections, the Board members proceeded to take a roll call vote on the foregoing ordinance as presented.
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ITEM B
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212188
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING THE MILLAGE FOR COUNTYWIDE BONDED DEBT SERVICE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; LEVYING ALL TAXES SO PROVIDED; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 28, 2021
Ordinance 21-92
Mover: Sally A. Heyman
Seconder: Joe A. Martinez
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), read the statutory millage rate statement into the record. He stated the proposed countywide debt service millage rate for Fiscal Year 2021-22 was 0.5075 mills and 0.3885 mills for countywide debt service including the Building Better Communities Bond Program (BBCBP) and .1190 mills for the Public Health Trust (PHT) Jackson Miracle Building Bond Program (JMBBP).
Hearing no other comments or objections, the Board members proceeded to take a roll call vote on the foregoing proposed ordinance as presented.
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ITEM C
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212189
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Ordinance
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ORDINANCE APPROVING AND ADOPTING THE COUNTYWIDE GENERAL FUND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING THE FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS, AND PROVIDING FOR THEIR AMENDMENT AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; WAIVING FOR FISCAL YEAR 2021-22 PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO THE FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; AND PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Bifurcated
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REPORT:
See report for related Agenda Item C Amended, Legislative File Number 212298, for amended version.
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ITEM C AMENDED
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212298
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Ordinance
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ORDINANCE APPROVING AND ADOPTING THE COUNTYWIDE GENERAL FUND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING THE FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS, AND PROVIDING FOR THEIR AMENDMENT AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; WAIVING FOR FISCAL YEAR 2021-22 PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO THE FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; AND PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 212189](Office of Management and Budget)
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Bifurcated, adopted on first reading as amended
Ordinance
Mover: Sally A. Heyman
Seconder: Eileen Higgins
Vote: 12 - 1
No: Martinez
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), advised the foregoing ordinance should be amended to correct scrivener�s errors as follows:
1. on page 8, the Public Health Trust expenditure figure should be changed from $230,687,000 to $237,687,000
2. on page 8, the �Non-departmental � Health and Human Services� name should be changed to �Non-departmental Health in Society� and the corresponding figure should be changed from $51.055 million to $44.055 million; and
3. on page 8, the figure for the total amount should be changed from $1,823,140,000 to $1,823,340,000.
Commissioner Martinez requested the community-based organizations (CBOs) portion of this ordinance be bifurcated due to a conflict of interest since he was a board member of the Epilepsy Foundation of Florida, Inc.; and he read a conflict of interest statement into the record. Consequently, he refrained from voting on the CBOs portion of this ordinance.
It was moved by Commissioner Sosa that the Board of County Commissioners adopt on first reading the recommendations for the portion of this ordinance relating to the CBOs as presented. This motion was seconded by Heyman; and upon being put to a vote, the motion passed by a roll call vote of 12-0 (Commissioner Martinez absent).
Hearing no comments or objections, the members of the Board proceeded to take a roll call vote on the balance of the foregoing proposed ordinance as amended.
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ITEM D
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212190
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING THE MILLAGE FOR UNINCORPORATED MUNICIPAL SERVICE AREA OPERATING PURPOSES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; LEVYING ALL TAXES SO PROVIDED; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 28, 2021
Ordinance 21-94
Mover: Sen. Javier D. Souto
Seconder: Joe A. Martinez
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), read the statutory millage rate statement into the record. He stated the proposed unincorporated municipal service area operating millage rate for Fiscal Year 2021-22 was 1.9283 mills, which was 5.51 percent above the state-defined rolled-back rate of 1.8276. The proposed millage rate generated revenues to support the services included in the proposed budget including enhanced law enforcement and expanded tree plantings.
Hearing no other comments or objections, the Board members proceeded to take a roll call vote on the foregoing ordinance as presented.
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ITEM E
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212191
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Ordinance
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ORDINANCE APPROVING AND ADOPTING THE UNINCORPORATED MUNICIPAL SERVICE AREA F212191UND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING THE FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS, AND PROVIDING FOR THEIR AMENDMENT AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; RECOGNIZING AND CONTINUING THE UNINCORPORATED MUNICIPAL SERVICE AREA; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; WAIVING FOR FISCAL YEAR 2021-22 PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO THE FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Amended
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REPORT:
See report for related Agenda Item E Amended, Legislative File Number 212300, for amended version.
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ITEM E AMENDED
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212300
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Ordinance
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ORDINANCE APPROVING AND ADOPTING THE UNINCORPORATED MUNICIPAL SERVICE AREA FUND BUDGET FOR MIAMI-DADE COUNTY, FLORIDA, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING THE FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING THE INVESTMENT OF COUNTY FUNDS IN THE TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING THE TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; AUTHORIZING DEPOSIT OF INTEREST EARNED TO THE GENERAL FUND; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF THE BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS, AND PROVIDING FOR THEIR AMENDMENT AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; RECOGNIZING AND CONTINUING THE UNINCORPORATED MUNICIPAL SERVICE AREA; AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; WAIVING FOR FISCAL YEAR 2021-22 PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO THE FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 212191](Office of Management and Budget)
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Adopted on first reading as amended
Public Hearing:
September 28, 2021
Ordinance
Mover: Sen. Javier D. Souto
Seconder: Raquel A. Regalado
Vote: 12 - 1
No: Martinez
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Hearing no comments or objections, the Board members proceeded to take a roll call vote on the foregoing ordinance as amended to correct scrivener�s errors in the appropriate sections as read into the record by Budget Director David Clodfelter, Office of Management and Budget (OMB), during the motion to set the agenda.
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ITEM F
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212192
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING THE MILLAGE FOR MIAMI-DADE FIRE AND RESCUE SERVICE DISTRICT OPERATING PURPOSES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; LEVYING ALL TAXES SO PROVIDED; RECOGNIZING AND CONTINUING THE MIAMI-DADE FIRE AND RESCUE SERVICE DISTRICT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 28, 2021
Ordinance 21-96
Mover: Sen. Javier D. Souto
Seconder: Rebeca Sosa
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), read the statutory millage rate statement into the record. He stated the proposed Miami-Dade Fire and Rescue Service District operating millage rate for Fiscal Year 2021-22 was 2.4207 mills, which was 4.71 percent above the state-defined rolled-back rate of 2.3118 mills. The proposed millage rate generated revenues to support the services included in the proposed budget including additional rescue units and required a two-third vote of the Board to be approved.
Hearing no comments or objections, the Board members proceeded to take a roll call vote on the foregoing ordinance as presented.
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ITEM G
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212193
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING THE MILLAGE FOR MIAMI-DADE LIBRARY SYSTEM OPERATING PURPOSES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; LEVYING ALL TAXES SO PROVIDED; RECOGNIZING AND CONTINUING THE MIAMI-DADE LIBRARY SYSTEM; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 28, 2021
Ordinance 21-97
Mover: Sen. Javier D. Souto
Seconder: Raquel A. Regalado
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), read the statutory millage rate statement into the record. He stated the proposed Miami-Dade Library System operating millage rate for Fiscal Year 2021-22 was 0.284 mills, which was 4.22 percent above the state-defined rolled-back rate of 0.2725 mills. The proposed millage rate generated revenues to support the services included in the proposed budget including expanded library hours, increased funding for books and materials, expanded tutoring, other programming, and dedicated funding for maintenance repairs throughout the library system.
Hearing no comments or objections, the Board members proceeded to take a roll call vote on the foregoing ordinance as presented.
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ITEM H
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212194
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING PROPRIETARY BUDGETS, SPECIAL ASSESSMENT DISTRICT BUDGETS, AND OTHER BUDGETS OF MIAMI-DADE COUNTY, FLORIDA, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING INVESTMENT OF COUNTY FUNDS IN TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; APPROVING REVISED FEES, CHARGES, AND IMPLEMENTING ORDERS FOR VARIOUS DEPARTMENTS AND AGENCIES AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; APPROVING FISCAL YEAR 2021-22 PAY PLAN; AUTHORIZING ALLOCATIONS AND REALLOCATIONS OF BOND PROCEEDS AND INTEREST EARNINGS; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE TO PROVIDE BOND ISSUE RESERVES; ESTABLISHING SUCH FUNDS AS MAY BE APPROVED DURING FISCAL YEAR AND PROVIDING FOR THEIR EXPENDITURE; AUTHORIZING PAYMENT OF LOCAL BUSINESS TAX SURCHARGE TO BEACON COUNCIL; APPROPRIATING GRANT, DONATION, AND CONTRIBUTION FUNDS; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; CONTINUING MUNICIPAL SERVICES FUND; AUTHORIZING DISBURSEMENT FROM THE ENVIRONMENTALLY ENDANGERED LANDS (�EEL�) ACQUISITION TRUST FUND TO SUPPLEMENT THE EEL LAND MANAGEMENT TRUST FUND TO MAINTAIN THE PRINCIPAL BALANCE REQUIRED UNDER SECTION 24-50.5 (2)(B)(I) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); WAIVING FOR FISCAL YEAR 2021-22, (A) SECTION 29-7(G) OF THE CODE RELATED TO ALLOCATION OF DOCUMENTARY SURTAX FUNDS, AND (B) RESOLUTION NO. R-924-08 RELATING TO TRANSIT FARES, FEES, AND CHARGES; WAIVING PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AUTHORIZING THE TERMINATION OF FINANCIAL INTEREST RATE SWAP AGREEMENTS AND ALLOWING REINVESTMENT OF TERMINATION PROCEEDS IN ACCORDANCE WITH COUNTY INVESTMENT POLICY; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Office of Management and Budget)
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Bifurcated
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REPORT:
See report for related Agenda Item H Amended, Legislative File Number 212301, for amended version.
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ITEM H AMENDED
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212301
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Ordinance
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ORDINANCE APPROVING, ADOPTING AND RATIFYING PROPRIETARY BUDGETS, SPECIAL ASSESSMENT DISTRICT BUDGETS, AND OTHER BUDGETS OF MIAMI-DADE COUNTY, FLORIDA, FOR FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING A SHORT TITLE; INCORPORATING FISCAL YEAR 2021-22 PROPOSED BUDGET AS AMENDED; APPROPRIATING ALL BUDGETED REVENUES AND EXPENDITURES; AUTHORIZING INVESTMENT OF COUNTY FUNDS IN TIME WARRANTS OF MIAMI-DADE COUNTY; AUTHORIZING TRANSFER OF FUNDS AS CASH ADVANCES PENDING RECEIPT OF TAXES OR OTHER REVENUES; RATIFYING, CONFIRMING AND APPROVING IMPLEMENTING ORDERS AND OTHER ACTIONS OF BOARD WHICH SET FEES, RATES, AND CHARGES; AUTHORIZING FEES, RATES, AND CHARGES CONSISTENT WITH APPROPRIATIONS AND PROVIDING FOR THEIR AMENDMENT; APPROVING REVISED FEES, CHARGES, AND IMPLEMENTING ORDERS FOR VARIOUS DEPARTMENTS AND AGENCIES AND AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; APPROVING FISCAL YEAR 2021-22 PAY PLAN; AUTHORIZING ALLOCATIONS AND REALLOCATIONS OF BOND PROCEEDS AND INTEREST EARNINGS; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE TO PROVIDE BOND ISSUE RESERVES; ESTABLISHING SUCH FUNDS AS MAY BE APPROVED DURING FISCAL YEAR AND PROVIDING FOR THEIR EXPENDITURE; AUTHORIZING PAYMENT OF LOCAL BUSINESS TAX SURCHARGE TO BEACON COUNCIL; APPROPRIATING GRANT, DONATION, AND CONTRIBUTION FUNDS; AUTHORIZING MAYOR OR MAYOR�S DESIGNEE TO NEGOTIATE AND EXECUTE CERTAIN FUNDING AGREEMENTS; CONTINUING MUNICIPAL SERVICES FUND; AUTHORIZING DISBURSEMENT FROM THE ENVIRONMENTALLY ENDANGERED LANDS (�EEL�) ACQUISITION TRUST FUND TO SUPPLEMENT THE EEL LAND MANAGEMENT TRUST FUND TO MAINTAIN THE PRINCIPAL BALANCE REQUIRED UNDER SECTION 24-50.5 (2)(B)(I) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (�CODE�); WAIVING FOR FISCAL YEAR 2021-22, (A) SECTION 29-7(G) OF THE CODE RELATED TO ALLOCATION OF DOCUMENTARY SURTAX FUNDS, AND (B) RESOLUTION NO. R-924-08 RELATING TO TRANSIT FARES, FEES, AND CHARGES; WAIVING PROVISIONS OF THE CODE AND RESOLUTIONS REQUIRING EXECUTION OF COUNTY AFFIDAVITS FOR NON-PROFITS RECEIVING CERTAIN COUNTY FUNDING; AUTHORIZING THE TERMINATION OF FINANCIAL INTEREST RATE SWAP AGREEMENTS AND ALLOWING REINVESTMENT OF TERMINATION PROCEEDS IN ACCORDANCE WITH COUNTY INVESTMENT POLICY; AMENDING, WAIVING OR RESCINDING, IF NECESSARY, VARIOUS SECTIONS OF THE CODE, APPLICABLE IMPLEMENTING ORDERS, AND OTHER LEGISLATIVE ENACTMENTS TO CONFORM SUCH ENACTMENTS TO FISCAL YEAR 2021-22 BUDGET; SUPERSEDING CONFLICTING PROVISIONS OF PRIOR LEGISLATIVE ENACTMENTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 212194](Office of Management and Budget)
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Bifurcated, adopted on first reading as amended
Ordinance
Mover: Rebeca Sosa
Seconder: Raquel A. Regalado
Vote: 10 - 3
No: McGhee , Martinez , Garc�a
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REPORT:
County Attorney Geri Bonzon-Keenan read into the record the title of the foregoing proposed ordinance.
Budget Director David Clodfelter, Office of Management and Budget (OMB), advised the foregoing ordinance should be amended to correct scrivener�s errors as follows:
1. on page 210, Attachment I, entitled �Miami-Dade County Fire Prevention Fee Schedule,� to replace the Implementing Order to include certain existing categories of fees that were inadvertently removed from printed version;
2. on page 335, Operating Budget Appropriations Schedule for the American Rescue Plan Act (ARPA) Grants (Fund SR013), to remove the word residential;
3. on page 352, Operating Budget Appropriations Schedule for Corrections and Rehabilitation, Special Revenue Operations (Fund S1018-S1021), Revenues section, to increase the �Subsistence and Uniform Fees� line item amount from $650,000 to $1.590 million and increase the corresponding Revenues section amount for the total from $3.165 million to $4.105 million;
4. on page 352, Operating Budget Appropriations Schedule for Corrections and Rehabilitation, Special Revenue Operations (Fund S1018-S1021), Expenditures section, to increase the �Boot Camp� line item figure from $60,000 to $1 million and increase the corresponding Expenditures section figure for the total from $3.165 million to $4.105 million;
5. on page 389, Operating Budget Appropriations Schedule for Jackson Health Systems Operating Budget, Revenues section, to change the name of the line item titled �Transfer from Countywide General Fund (Fund G1001) for Maintenance of Effort� to �Transfer from Countywide General Fund and COVID Support,� change the line item�s corresponding figure from $230,687,000 to $2,376,870, and change the corresponding figure for the total from $2,648,658,000 to $2,655,658,000; and
6. on page 389, Operating Budget Appropriations Schedule for �Jackson Health Systems Operating Budget, Expenditures section, to include a new line item titled �COVID Vaccination Support� with $7 million and change the figure for the total from $2,648,658,000 to $2,655,658,000.
County Attorney Bonzon-Keenan announced Commissioner Martinez had requested the community-based organizations (CBOs) portion of this ordinance be bifurcated due to a conflict of interest.
County Attorney Bonzon-Keenan also announced Commissioner Sosa had requested Section 14 of this ordinance relating to Miami-Dade Water and Sewer Department (WASD) proposed water and sewer fees/charges increases be bifurcated.
It was moved by Commissioner Higgins that the Board of County Commissioners adopt on first reading the portion of this ordinance relating to the community-based organizations (CBOs) funding allocations as presented. This motion was seconded by Commissioner Sosa; and upon being put to a vote, the motion passed by a roll call vote of 11-0 (Commissioners Martinez and McGhee were absent).
In response to Commissioner Sosa�s questions relating to the department�s ability to verify job loss for customers with water bills in arrears and the established verification procedure, Department Director Roy Coley, WASD, responded a resolution governed how the department addressed this problem. He stated the department lacked the authority to disconnect water service due to lack of payment during the State of Emergency until sixty (60) days past the State of Emergency Order had expired, and the department was unable to verify if customers were actively seeking employment.
Commissioner Sosa asked the County Attorney to prepare an emergency legislative item that would allow WASD to verify if customers affected by the coronavirus disease 2019 (COVID-19) with water and sewer accounts in arrears were actively seeking employment and that item be presented for the Board�s consideration prior to the second budget hearing.
Commissioner Martinez clarified the impact on future revenues and the rating to the County�s bonds rather than the uncollected accounts caused sewer fee increases. He emphasized the water and sewer accounts in arrears needed to be collected.
It was moved by Vice Chairman Gilbert III that the Board of County Commissioners adopt on first reading all of Section 14 of this ordinance, which included any rate increases in WASD, relating to Miami-Dade Water and Sewer Department (WASD) proposed water and sewer fees/charges as presented. This motion was seconded by Commissioner Regalado; and upon being put to a roll call vote, the motion failed by a vote of 4-8 (Commissioners Cohen Higgins, Garcia, Heyman, Martinez, Regalado, Sosa, Souto, and Chairman Diaz voted no). (Commissioner McGhee was absent).
Commissioner Monestime questioned the relationship between the $25 million deficit and the service accounts in arrears.
Mayor Levine Cava advised the budget would have to be reduced by the same amount if the Board rejected the proposed fees/charges increases for water and sewer services. She suggested the Board should take a second vote to approve the proposed water and sewer fees/charges as presented to allow the County Administration the opportunity to prepare alternative budgetary solutions for the Board�s review at the Second Budget Hearing. She stated the Board could reject the proposed water and sewer fees/charges increases if the proposed budgetary alternatives presented at the Second Budget Hearing were accepted.
Discussion ensued among Board members and the County Attorney regarding how to address the budgetary shortfall.
As suggested by County Attorney Bonzon-Keenan, Chairman Diaz recessed the meeting to allow the Budget Director to determine the impact the action not to approve the proposed rate increases for the water and sewer fees/charges would have on the budget and identify funding sources to amend and balance the budget.
Upon returning from the recess, Mayor Levine Cava reiterated the Board could reconsider approving the proposed increases for water and sewer fees/charges; and if not the Budget Director Clodfelter would propose budget cutbacks to offset the reduction in revenues from the water and sewer fees/charges.
Discussion ensued between Chairman Diaz and County Attorney Bonzon-Keenan regarding the voting procedure to amend budget to address the budgetary shortfall in revenues and be able to reduce the budget by an equivalent amount, including the amendment previous read into the record by the Budget Director.
Budget Director Clodfelter advised the Miami-Dade water and sewer revenues and expenses sections could be amended to offset the revenues shortfall as follows:
1. decrease water production revenues from $364,953 million to $353,176 million;
2. decrease waste water disposal revenues from $434,399 million to $422,216 million;
3. decrease the subtotal operating revenues from $828,694 million to $804,734 million;
4. increase the transfer from other funds from $9,018 million to $12,226 million;
5. decrease the total from $930,296 million to $909,544 million
6. decrease the administration reimbursement expenses from $22,292 million to $21,647 million
7. decrease the renewal and replacement expenses from $95 million to $75 million;
8. decrease the subtotal operating expenditures from $594901 million to 574256 million
9. decrease the Fiscal Year (FY) 2021/22 cash requirement for bond ordinance expense from $82,900 million to $82,793; and
10. decrease the total from $930,296 million to $909,544 million.
County Attorney Bonzon-Keenan suggested Chairman Diaz recess the meeting to consult and confirm with OMB staff if the proposed rate increases contained in the Implementing Order attached to Section 14 of the foregoing ordinance related only to water increase rates and not sewer rate increases. She stated they also needed to confirm if the other ordinances presented at today's (9/14) meeting were impacted by this action.
Upon reconvening the meeting, Commissioner Regalado stated that the Board should approve the water and sewer rate increases as presented to allow the County Administration an opportunity to review the proposed rates and identify a solution that would offset the decrease in revenues and balance the budget if the proposed WASD�s rate increases were rejected. She also stated the public be made aware that the Board members were doing everything possible to preserve the water and sewer rates at the current levels, but it would most likely be impossible to reduce the rates due to the impact that action would have on the County�s bonds. She noted that WASD should initiate the process to collect the accounts of customers in arrears.
It was moved by Commissioner Regalado that the Board of County Commissioners reconsider Vice Chairman Gilbert�s motion to adopt on first reading Section 14 of this ordinance relating to the proposed WASD�s water and sewer fees/charges rate increases. Commissioner Cohen Higgins seconded this motion, and the floor was opened for discussion.
Discussion ensued among the Board members and County Attorney Bonzon-Keenan regarding the motion to reconsider.
Commissioner Higgins expressed her concerns for the impact this action would have on the WASD�s Consent Decrees, ocean outfall, and the County�s bond ratings.
Commissioner Garcia asked that Mayor Levine Cava and the County Administration provide assurance that the water and sewer rate increases would be lowered or that the rate increases would be mitigated.
Upon conclusion of the foregoing discussion, the motion was put to a roll call vote and passed by a vote of 11-2 (Commissioners Martinez and Sosa voted no).
Chairman Diaz asked the County Administration to meet with each commissioner to review the proposed rate increases.
Commissioner Sosa asked that Section 14 of this ordinance relating to the water and sewer rates be bifurcated.
Discussion ensued among the Board members and County Attorney Bonzon-Keenan regarding bifurcating Section 14 of this ordinance.
It was moved by Commissioner Sosa that the Board of County Commissioners bifurcate Section 14 of this ordinance relating to the water and sewer rates. Commissioner Martinez seconded this motion, and the floor was opened for discussion.
Commissioner Regalado spoke on the importance to have the water and sewer rates increased.
In response to Commissioner Regalado�s question regarding what were the limitations due to time constraints, Mayor Levine Cava explained the proposed water and sewer rate increases averaged $1.86 per month increase per household. She advised the County Administration would provide the Board with alternative options for no rate increases for either water or sewer, a rate increase for just one of the fees and/or charges; and the County Administration would address the moratorium on fees and provide options.
In response to Commissioner Garcia�s question regarding an amendment to direct the Mayor to provide budgetary alternatives before the second budget hearing, County Attorney Bonzon-Keenan explained Mayor Levine Cava had asked for an opportunity to review the budget and provide alternative options on how to address this issue. She clarified Commissioner Garcia�s intent was to direct Mayor Levine Cava to provide the Board with that information. She noted that action would not solve the motion before the Board at this time.
Vice Chairman Gilbert III advised he supported the action of adopting on first reading the water and sewer rates proposed to provide Mayor Levine Cava an opportunity to review the budgetary solutions available to the Board at the second budget hearing for a no rate increase option. He pointed out the rate increases were not about the monies owed to the County but rather the improvements that needed to be done; therefore, the Board needed to understand what would remain undone if the rate increases were not imposed. He noted this issue needed further discussion, and the public should be allowed the opportunity to speak on this issue.
Commissioner Sosa offer to withdraw her motion to have the Board bifurcate Section 14 of this ordinance.
Chairman Diaz advised he was unsupportive of voting on this ordinance including water and sewer rate increases.
Commissioner Higgins clarified the ordinance was a first reading item, and the final vote would be done at the second budget hearing on September 28, 2021. She noted today�s (09/14) vote would only provide the Mayor an opportunity to evaluate what would happen under different scenarios.
In response to Commissioner Monestime�s questions regarding how the federally mandated projects would be address, Budget Director Clodfelter advised Mayor Levine Cava�s had proposed to provide that explanation at the second budget hearing after an evaluation of the options was done.
Commissioner Heyman spoke in support of providing Mayor Levine Cava an opportunity to evaluate the alternative funding sources and provide the Board with options and supported voting on this ordinance in its entirety as presented.
Commissioner Martinez spoke in support of bifurcating Section 14 of this ordinance because he wished to stop the proposed rate increases at this point.
Commissioner McGhee spoke in support of providing Mayor Levine Cava an opportunity to evaluate the alternative funding sources and provide the Board with options and supported voting on this ordinance in its entirety as presented.
Commissioner Hardemon clarified the motion on the table and asked the Board members consider the impact of their action.
Upon conclusion of the foregoing discussion, County Attorney Bonzon-Keenan clarified that, in accordance with the Board�s Rules of Procedure, a commissioner�s request to bifurcate a section of an item at the first budget hearing did not require a separate motion and vote. Consequently, no vote was taken on Commissioner Sosa�s motion to bifurcate Section 14 of this ordinance.
County Attorney Bonzon-Keenan clarified the motion was to approve Section 14 of this ordinance, which included WASD�s Implementing Order.
Discussion ensued among the Board members regarding how a yes or no vote would affect the outcome of Section 14 of this ordinance and whether the Board members wished to vote separately on this section.
It was moved by Commissioner Monestime that the Board of County Commissioners adopt on first reading Section 14 of this ordinance relating to the water and sewer rates. Vice Chairman Gilbert III seconded this motion, and the floor was opened for discussion.
Discussion ensued among the Board members and County Attorney Bonzon-Keenan regarding amending the item to direct Mayor Levine Cava to provide alternative solutions.
Upon conclusion of the foregoing discussion, the motion made by Commissioner Monestime and seconded by Vice Chairman Gilbert III to approve Section 14 was put to a vote and passed by a roll call vote of 9-4 (Commissioners Martinez, Sosa, Souto and Chairman Diaz voted no).
It was moved by Commissioner Garcia that the Board of County Commissioners direct Mayor Levine Cava to revisit WASD proposed water and sewer rate increases for the proposed Fiscal Year (FY) 2021-22. He also asked that the County Mayor come back before the Board with different options to ensure that the County mitigated the increase of water rates and that a no rate increase option be included. This motion was seconded by Commissioner Sosa; and upon being put to a vote, the motion passed by a vote of 13-0.
It was moved by Commissioner Sosa that the Board of County Commissioners adopt on first reading the balance of Agenda Item H. Commissioner Regalado seconded this motion, and the floor was opened for discussion.
In response to Commissioner Martinez�s question, County Attorney Bonzon-Keenan explained the proposed rates approved were for various departments.
Upon conclusion of the foregoing discussion, the motion to approve the balance of Agenda Item H was put to a vote and passed by a vote of 10-3 (Commissioners Martinez, McGhee, and Garcia voted no).
This ordinance was adopted on first reading as amended with a directive to Mayor Levine Cava to revisit the proposed increases for water and sewer fees/charges for the proposed Fiscal Year (FY) 2021-22 budget. The Board members asked that the options available to avoid effectuating the proposed fees/charges increases be presented at the Board of County Commissioners' Second Budget Hearing scheduled for September 28, 2021.
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ADJOURNMENT
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REPORT:
There being no further business to come before the Board of County Commissioners, by motion duly made and seconded, the meeting was adjourned at 12:59 a.m., Wednesday, September 15, 2021.
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3A
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CONSENT AGENDA
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| 5/12/2026 |
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Agenda Key: 4645 |