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1
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MINUTES PREPARED BY:
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REPORT:
Bryce Stephenson-Pickett, Commission Reporter
(305) 375- 1296
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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:
Chairman Gilbert III convened the Board of County Commissioners (Board/BCC) meeting at 9:38 a.m. with an invocation, followed by the Pledge of Allegiance.
In addition to the Board members, the following staff members were also present:
~ Chief Operations Officer Jimmy Morales, Office of the Mayor;
~ Chief Community Service Officer Morris Copeland;
~ County Attorney Geri Bonzon-Keenan and Assistant County Attorneys Annery Pulgar Alfonso Monica Rizzo;
~ Clerk of the Board, Director, Basia Pruna and Deputy Clerks Kerry Khunjar Breakenridge and Bryce Pickett.
The honorable Miami-Dade County Mayor Danielle Levine Cava was also in attendance.
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1C
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PLEDGE OF ALLEGIANCE
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1D
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SPECIAL PRESENTATIONS (SCHEDULED TO BEGIN AT 8:30 AM)
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1D1
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231450
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Special Presentation
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Oliver G. Gilbert, III
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SPECIAL PRESENTATION TO RECOGNIZE CHIEF EDWARD MARQUEZ ON HIS RETIREMENT(Mayor)
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Presented
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REPORT:
Chairman Gilbert III presented a special award to Chief Financial Officer Edward Marquez on his retirement and acknowledged his achievements.
Commissioner Higgins thanked Mr. Marquez for his assistance when she first became a Miami-Dade Commissioner, and for all his work in the County.
Mr. Marquez expressed his gratitude for the administration and County, and gave a brief overview of his experience in the finance department.
Mayor Levine Cava shared remarks regarding Mr. Marquez�s accomplishments within the County, and proclaimed July 18th as �Edward Marquez Day�.
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1D2
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231451
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Proclamation
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Sen. Rene Garcia
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PRESENTATION OF A PROCLAMATION TO THE MODEL UNITED NATIONS STUDENTS FROM HIALEAH-MIAMI LAKES SENIOR HIGH SCHOOL FOR ACHIEVING FIRST PLACE IN THE COMPETITION FOR A SECOND YEAR IN A ROW
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Presented
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REPORT:
Commissioner Garcia presented a Proclamation to the Model United Nations (UN) students from Hialeah-Miami Lakes Senior High School for winning first place in the Model UN for the second year in arrow.
Chairman Gilbert III expressed his gratitude to the student for representing the County well, and congratulated them.
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1D3
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231453
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Special Presentation
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Roberto J. Gonzalez
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SPECIAL PRESENTATION TO HONOR UNITED SUPERHEROES FOR KIDS
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Presented
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REPORT:
Commissioner Gonzalez provided a brief history for the United Superheroes for Kids program, and sharedthe impact the program had on County�s residents. To express his gratitude, Commissioner Gonzalez proclaimed that July 18th would be known as the �United Superheroes for Kids Program Day� in Miami-Dade County.
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1D4
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231486
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Special Presentation
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Oliver G. Gilbert, III
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SPECIAL PRESENTATION RECOGNIZING VICTOR ELIAS FROM MIAMI-DADE FIRE RESCUE AND JEROME JACKSON FROM MIAMI DADE WATER AND SEWER DEPARTMENT AS AWARDEES OF THE FISCAL YEAR 2022-23 FIRST QUARTER EMPLOYEE IDEAS / SUGGESTIONS PROGRAM (Mayor)
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Presented
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REPORT:
Chairman Gilbert reviewed the intent of the Employee Ideas/Suggestions Program, and then awarded Mr. Victor Elias, from Miami-Dade Fire Rescue, and Mr. Jerome Jackson, from Miami-Dade Water and Sewer Department as winners of the Fiscal Year 2022-2023 First Quarter Employee Ideas/Suggestions Program.
Mr. Raied Jadallah, Director, Miami-Dade Fire and Rescue, spoke of Mr. Elias�s work within the Department; and emphasized that this was his eighth time receiving this award.
Mayor Levine Cava thanked Mr. Elias, and recognized Mr. Jackson for his efforts, although he was not in attendance.
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1E
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CITIZEN'S PRESENTATIONS (5 MINUTES MAXIMUM)
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1F
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REPORTS OF OFFICIAL BOARDS
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1F1
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231416
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Report
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SUNSET REVIEW OF COUNTY BOARDS FOR FY 2023 � MIAMI-DADE COUNTY HOMELESS TRUST
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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1G
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REASONABLE OPPORTUNITY FOR THE PUBLIC TO BE HEARD AS PROVIDED IN RULE 6.06
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REPORT:
Chairman Gilbert III opened the reasonable opportunity to be heard; the following individuals appeared before the Board:
1.) Vice Mayor, Village of Pinecrest, Anna Hochmaker, 6730 SW 88 Terrace, Pinecrest, Florida, spoke in support of Agenda Item 11A1, and relayed a message from former County Commissioner Katie Sorenson regarding revisiting the County�s peacock protection legislation.
2.) Ms. Mercedes Cabrera, no address given, provided information regarding Agenda Item 14A1.
3.) Mr. Roy Hardemon, former Florida State Representative, and current Chairman for the , Model City Advisory Board (MCAB), 1 1292 NW 79 Street, Miami, Florida, inquired about Agenda Item 2B7, and urged administration to allocate more funding towards much needed jobs in homes for inner-city residents.
4.) Ms. Alyssa Cundari Roelans, Executive Director, Service Employees International Union Florida (SEIU FL), 1001 Falcon Avenue, Miami Springs, Florida, spoke in support of Agenda Item 14A1.
5.) Mr. Marion Brown 1817 NW 41 Street, Miami, Florida provided information on Agenda Item 2B7.
6.) Ms. Sandra Cecil, 665 SW 12 Street, Florida, spoke in support of Agenda Item 14A1, with the assistance of a translator.
7.) Ms. Deborah Dion, 1660 NE 135 Street, Norht Miami, Florida, spoke in support of Agenda Item 14A1, with the assistance of a translator.
8.) Mr. Jonathan Villa, representing Parmco Airport and Hospitality, LLC, 3861 Park Avenue, Miami, Florida spoke in support of Agenda Item 11A2 Substitute. He noted that the applicant would produce an affordable hotel option for future Miami tourist, and that the applicant would cover the cost of this project.
9.) Mr. Stephen Leidner, 1130 102 Street, Bay Harbor Islands, Florida, provided information on Agenda Item 8P2.
10.) Mr. Stephen Burch, representing Eastern Elevator, spoke in opposition of Agenda Item 8P2.
11.) Mr. Victor Olofin, 3000 Biscayne Boulevard, Miami, Florida, spoke in support of Agenda Item 14A.
12.) Chaplin Stanley Young, 1180 NW 99th Street, Miami Florida, spoke on Agenda Item 2B2 regarding storm water flooding.
There being no other individuals appearing to speak, Chairman Gilbert III closed the reasonable opportunity to be heard.
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1H
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MOTION TO SET THE AGENDA AND "PULL LIST"
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REPORT:
County Attorney Geri Bonzon-Keenan advised in addition to Chairman Gilbert III�s Memorandum entitled �Changes Sheet�, the following changes to the agenda/and or requests were made:
~Commissioner Hardemon requested Agenda Item 8K1 be added to the pull list;
~Commissioner Higgins requested to release Agenda Item 8L1, and for Commissioner Hardemon to assume sponsorship of this item;
~Commissioner Hardemon requested Agenda Item 8L1 be withdrawn;
~Commissioner McGhee requested Agenda Item 8N3 be added to the pull list;
~Commissioner Bermudez requested Agenda Item 8P2 be added to the pull list;
~Commissioner Hardemon requested Agenda Items 8P3 and its supplements be added to the pull list;
~Commissioner Hardemon requested Agenda Items 11A2 and 11A2 Substitute be added to the pull list;
~Commissioner Garcia requested Agenda Item 14A9 be added to the pull list.
County Attorney Bonzon-Keenan noted that the following additional co-sponsorship requests were made:
~Commissioner Cabrera Agenda requested to be listed as co-sponsor for Agenda Items 8K1 and 14A7.
County Attorney Bonzon-Keenan stated the items to be considered at today�s (7/18) Board meeting would be those listed in the printed final Agenda, with the additions, deferrals, withdrawals, and scrivener�s errors noted in the Chairman�s Changes Memorandum, and the aforementioned items. She added that the Commission would approve all of those items by single vote; setting the agenda, except ordinances for first reading, public hearing items, Agenda Item 6A1, and the following pull list items: 2B5, 2B8, 8K1, 8N3, 8P2, 8P3, 8P3 Supplements, 11A2, 11A2 Substitute, 14A1, 14A2, 14A3, 14A3 Supplement, 14A4, 14A4 Supplement, 14A5, 14A5 Supplement, 14A6, 14A7, 14A8, 14A9, and 15G1.
It was moved by Vice Chairman Rodriguez that the Board approve today�s (7/18) meeting Agenda along with the changes noted in Chairman�s Changes Memorandum, and the additional changes noted by County Attorney Bonzon-Keenan. This motion was seconded by Commissioner Hardemon, and upon being put to a vote, passed by a vote of 13-0.
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1I
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OFFICE OF COMMISSION AUDITOR
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1J
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OFFICE OF INTERGOVERNMENTAL AFFAIRS
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1K
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OFFICE OF COMMUNITY ADVOCACY
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1L
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OFFICE OF POLICY AND BUDGETARY AFFAIRS
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2
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MAYORAL ISSUES
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2A
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MAYORAL VETOES
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2B
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MAYORAL REPORTS
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2B1
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231361
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Report
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FY 2022-2023 REPORT OF EMPLOYEE IDEAS/SUGGESTIONS (FIRST QUARTER)(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B2
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231390
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Report
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REPORT ON THE COUNTY�S COMPREHENSIVE FLOOD MITIGATION MEASURES AND FUTURE STORMWATER PLANNING - DIRECTIVE NO. 221494(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B3
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231393
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Report
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REPORT EVALUATING THE COUNTY�S DRAINAGE INFRASTRUCTURE IN SOUTH DADE - DIRECTIVE NO. 221437(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B4
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231401
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Report
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REPORT ON THE COUNTY�S WELLFIELD PROTECTION AREAS - DIRECTIVE NO. 221568(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B5
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231405
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Report
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PROMOTE AND IMPROVE AWARENESS REGARDING BISCAYNE BAY � A COMBINED RESPONSE TO DIRECTIVES 211499, 212139, 213042, 210207, 210807, 192825, 192403, AND 121564(Mayor)
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Accepted
Report
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 13 - 0
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REPORT:
Commissioner Higgins reviewed the intent of the foregoing report. She noted that only 69 business have been certified in eliminating single-use plastics from the Plastic Free 305 program. Commissioner Higgins also highlighted her efforts in scheduling and planning Fertilizer Awareness Week, which would need to be promoted by administration for the program�s success. She requested that these programs be moved from the Department of Regulatory and Economic Resources (RER), to the small business department to ensure the implementation of both programs.
There being no further discussion, the Board proceed to vote on the foregoing report as presented.
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2B6
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231420
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Report
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LEAVE DONATIONS TO THE TURKEY AND SYRIA EARTHQUAKE RELIEF EFFORTS - DIRECTIVE NO. 230254(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B7
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231352
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Report
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SECOND QUARTER BUDGET REPORT - FISCAL YEAR 2022-23(Mayor)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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2B8
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231391
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Report
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REPORT ON THE COUNTY�S CODE CHANGES RELATED TO OPERATIONS, MAINTENANCE, DESIGN AND CONSTRUCTION OF MUNICIPAL STORMWATER SYSTEMS; EXPANDING THE COUNTY�S ASSET MANAGEMENT SYSTEM TO INCLUDE STORMWATER INFRASTRUCTURE; AND CONDUCTING EDUCATIONAL CAMPAIGNS RELATED TO BISCAYNE BAY- DIRECTIVE NO. 221513(Mayor)
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Accepted
Report
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 13 - 0
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REPORT:
Commissioner Higgins requested to meet with Ms. Lourdes Gomez, Department Director, Department of Regulatory and Economic Resources (RER), to discuss if recertifying storm water systems every once in ten years was feasible enough to prepare the County for future flooding situations.
There being no further discussion, the Board proceed to vote on the foregoing report as presented.
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2C
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OTHER ISSUES
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3
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CONSENT ITEMS
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3A
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COMMISSIONER CONSENT ITEMS
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3A1
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231404
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Resolution
 Clerk's Official Copy
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Sen. Rene Garcia
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RESOLUTION APPROVING ALLOCATIONS FROM THE FY 2022-23 DISTRICT 13 DISCRETIONARY RESERVE
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Adopted
Resolution R-677-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3A2
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231396
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Resolution
Clerk's Official Copy
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Oliver G. Gilbert, III
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RESOLUTION APPROVING ALLOCATIONS FROM THE FY 2022-23 DISTRICT 1 DISCRETIONARY RESERVE
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Adopted
Resolution R-678-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3A3
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231407
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Resolution
Clerk's Official Copy
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Roberto J. Gonzalez
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RESOLUTION RESCINDING ALLOCATIONS FROM THE FY 2021-22 DISTRICT 11 DISCRETIONARY RESERVE
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Adopted
Resolution R-679-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3A4
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231417
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Resolution
Clerk's Official Copy
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Danielle Cohen Higgins
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RESOLUTION APPROVING ALLOCATIONS FROM THE FY 2022-23 DISTRICT 8 CBO DISCRETIONARY RESERVE AND FROM THE 2022-23 DISTRICT 8 DESIGNATED PROJECT PROGRAM
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Adopted
Resolution R-680-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3A5
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231418
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Resolution
Clerk's Official Copy
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Kionne L. McGhee
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RESOLUTION APPROVING ALLOCATIONS FROM THE FY 2022-23 DISTRICT 9 DESIGNATED PROGRAM AND FROM THE FY 2022-23 DISTRICT 9 IN-KIND RESERVE FUND
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Adopted
Resolution R-681-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3A6
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231403
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Resolution
Clerk's Official Copy
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Anthony Rodriguez
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RESOLUTION APPROVING ALLOCATIONS FROM THE FY 2022-23 DISTRICT 10 DISCRETIONARY RESERVE
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Adopted
Resolution R-682-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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3B
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DEPARTMENTAL CONSENT ITEMS
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3B1
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231260
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Resolution
Clerk's Official Copy
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Juan Carlos Bermudez
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RESOLUTION RATIFYING THE COUNTY MAYOR�S EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR MUTUAL ASSISTANCE BY AND AMONG MIAMI-DADE COUNTY AND THE CITY OF NAPLES AND AMENDMENT NO. 1 TO SAID AGREEMENT FOR THE USE OF A FIRE SUPPRESSION ENGINE, PURSUANT TO SECTIONS 2-9 AND 2-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE ADDITIONAL AMENDMENTS TO EXTEND THE AGREEMENT(Miami-Dade Fire and Rescue Department)
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Adopted
Resolution R-683-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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4
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ORDINANCES FOR FIRST READING
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4A
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231424
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Ordinance
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Kevin Marino Cabrera
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ORDINANCE RELATING TO ZONING IN THE UNINCORPORATED AREA; AMENDING SECTION 33-284.99.59 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING PALMER LAKE METROPOLITAN URBAN CENTER ZONING DISTRICT REGULATIONS PERTAINING TO RESIDENTIAL USES ON LOTS ADJOINING THE MIAMI RIVER IN THE RIVERSIDE SUB-DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
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Adopted on first reading
Public Hearing:
September 12, 2023
Ordinance
Mover: Anthony Rodriguez
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Cohen Higgins
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record.
Commissioner Cabrera moved to request input from the Miami River Commission that would expand the ability to develop affordable or workforce housing units within the Palmer Lake Metropolitan Urban Center zoning district to include lots adjourning the Miami River in the Riverside sub-district under certain circumstances, including that the ground story remain devoted to water-dependent uses on such lots. This motion was seconded by Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the County Infrastructure, Operations & Innovations Committee (CIOIC) meeting to be held on Tuesday, September 12, 2023 at 9:00 a.m.
Commissioner Cabrera moved to request input from the Miami River Commission as to Agenda Item 4A, a proposed ordinance that would expand the ability to develop affordable or workforce housing units within the Palmer Lake Metropolitan Urban Center zoning district to include lots adjourning the Miami River in the Riverside sub-district under certain circumstances, including that the ground story remain devoted to water-dependent uses on such lots. This motion was seconded by Chairman Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
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4B
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231456
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Ordinance
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Anthony Rodriguez
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ORDINANCE RELATING TO LEVY OF THE SIX-CENT LOCAL OPTION GAS TAX; RELEVYING SIX-CENT LOCAL OPTION FUEL TAX FOR PERIOD OF 30 YEARS BEGINNING JANUARY 1, 2024; PROVIDING FOR METHOD OF DISTRIBUTION OF PROCEEDS THEREOF BETWEEN THE COUNTY AND ELIGIBLE MUNICIPALITIES; CREATING ARTICLE XVIII OF CHAPTER 29 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR A CERTIFIED COPY TO BE SENT TO THE STATE DEPARTMENT OF REVENUE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Office of Management and Budget)
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Adopted on first reading
Public Hearing:
September 6, 2023
Ordinance 23-57
Mover: Anthony Rodriguez
Seconder: Oliver G. Gilbert, III
Vote: 9 - 2
No: Regalado , Garc�a
Absent: Cabrera , Cohen Higgins
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record.
Vice Chairman Rodriguez moved to suspend the Rules of Procedure requiring Committee review and the four-week/six-week municipal notice requirement, direct the Clerk of the Board to publish all necessary notices, and direct the Agenda Coordinator to send the appropriate municipal notices. This motion was seconded by Chairman Gilbert III, and upon being put to a vote, passed with a vote of 11-1 (Regalado voted no; Commissioner Cabrera was absent;).
The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners (BCC) meeting to be held on Wednesday, September 6, 2023 at 9:30 a.m.
Vice Chairman Rodriguez moved to suspend the Rules of Procedure requiring Committee review and the four-week/six-week municipal notice requirement, direct the Clerk of the Board to publish all necessary notices, and direct the Agenda Coordinator to send the appropriate municipal notices. This motion was seconded by Chairman Gilbert III, and upon being put to a vote, passed with a vote of 11-1 (Regalado voted no; Commissioner Cabrera was absent;).
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7/13/2023
Requires Municipal Notification by the Board of County Commissioners
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5
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PUBLIC HEARINGS (Scheduled for 9:30 a.m.)
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5A
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231273
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Ordinance
Clerk's Official Copy
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ORDINANCE AUTHORIZING ISSUANCE OF NOT TO EXCEED $500,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE BONDS, IN ONE OR MORE SERIES, AS REFUNDING BONDS UNDER SECTION 208 OR SECTION 211 OF ORDINANCE NO. 21-74 TO REFUND OUTSTANDING COMMERCIAL PAPER NOTES; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING TO BONDS BE DETERMINED IN SUBSEQUENT RESOLUTIONS; APPROVING PLAN OF FINANCE AFTER PUBLIC HEARING AS REQUIRED BY SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING AND DIRECTING COUNTY OFFICERS AND AGENTS TO TAKE ALL ACTIONS DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ORDINANCE AND ORDINANCE NO. 21-74; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE(Finance Department)
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Adopted
Ordinance 23-53
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 12 - 0
Absent: McGhee
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record.
Chairman Gilbert III opened the public hearing; seeing no one come forward, the public hearing was closed.
There being no further discussion, the Board proceed to vote on the foregoing ordinance as presented.
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7/6/2023
Adopted on first reading by the Board of County Commissioners
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7/6/2023
Tentatively scheduled for a public hearing by the Board of County Commissioners
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5B
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231400
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Resolution
Clerk's Official Copy
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RESOLUTION AUTHORIZING ISSUANCE OF NOT TO EXCEED $600,000,000.00 AGGREGATE PRINCIPAL AMOUNT OF MIAMI-DADE COUNTY, FLORIDA SEAPORT REVENUE BONDS, IN ONE OR MORE SERIES, ON A SENIOR BASIS, PURSUANT TO SECTION 207 OF MASTER ORDINANCE, TO PAY COSTS OF CERTAIN ADDITIONAL IMPROVEMENTS AND CAPITAL EXPENDITURES; PROVIDING FOR CERTAIN DETAILS OF BONDS AND THEIR SALE BY NEGOTIATION; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, WITHIN CERTAIN LIMITATIONS AND RESTRICTIONS, TO FINALIZE DETAILS, TERMS AND OTHER PROVISIONS OF BONDS AND THEIR NEGOTIATED SALE AND TO SELECT BOND REGISTRAR, PAYING AGENT, AND OTHER AGENTS, IF NEEDED; APPROVING FORMS AND AUTHORIZING EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS; PROVIDING CERTAIN COVENANTS, CONTINUING DISCLOSURE COMMITMENT AND OTHER REQUIREMENTS; AUTHORIZING COUNTY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH ISSUANCE, SALE, EXECUTION AND DELIVERY OF BONDS; WAIVING PROVISIONS OF RESOLUTION NO. R-130-06, AS AMENDED; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE(Finance Department)
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Adopted
Resolution R-684-23
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 12 - 0
Absent: McGhee
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed resolution into the record.
Chairman Gilbert III opened the public hearing; seeing no one come forward, the public hearing was closed.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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5C
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231128
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Ordinance
Clerk's Official Copy
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ORDINANCE CREATING AND ESTABLISHING A SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, GENERALLY BOUNDED ON THE NORTH BY SW 260 STREET, ON THE EAST BY THEORETICAL SW 144 TRAIL, ON THE SOUTH BY SW 262 STREET, AND ON THE WEST BY SW 147 AVENUE (NARANJA ROAD), KNOWN AND DESCRIBED AS GRANDVILLE PLACE MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT; IDENTIFYING SERVICES TO BE PROVIDED; AUTHORIZING AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CAUSE TO BE MAINTAINED AND OPERATED VARIOUS PUBLIC IMPROVEMENTS AND TO PROVIDE FOR THE INSTALLATION OF STREETLIGHTS; APPROVING A STREET LIGHTING AGREEMENT WITH FLORIDA POWER AND LIGHT AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT; WAIVING PROVISIONS OF RESOLUTION NO. R-130-06; AND PROVIDING FOR EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE(Parks, Recreation and Open Spaces)
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Adopted
Ordinance 23-54
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 12 - 0
Absent: McGhee
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record.
Chairman Gilbert III opened the public hearing; seeing no one come forward, the public hearing was closed.
There being no further discussion, the Board proceed to vote on the foregoing ordinance as presented.
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6/21/2023
Adopted on first reading by the Board of County Commissioners
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6/21/2023
Tentatively scheduled for a public hearing by the Board of County Commissioners
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5C1
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231129
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING, ADOPTING, AND CONFIRMING A PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE GRANDVILLE PLACE MULTIPURPOSE MAINTENANCE AND STREET LIGHTING SPECIAL TAXING DISTRICT IN MIAMI-DADE COUNTY, FLORIDA, GENERALLY BOUNDED ON THE NORTH BY SW 260 STREET, ON THE EAST BY THEORETICAL SW 144 TRAIL, ON THE SOUTH BY SW 262 STREET, AND ON THE WEST BY SW 147 AVENUE (NARANJA ROAD); PROVIDING THAT ASSESSMENTS MADE SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN ON REAL PROPERTY; AND PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS(Parks, Recreation and Open Spaces)
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Adopted
Resolution R-685-23
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 12 - 0
Absent: McGhee
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed resolution into the record.
Chairman Gilbert III opened the public hearing; seeing no one come forward, the public hearing was closed.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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5D
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231209
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Ordinance
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ORDINANCE APPROVING, ADOPTING, AND RATIFYING NON-AD VALOREM ASSESSMENT ROLLS, RATES, AND ASSESSMENTS FOR THE SOLID WASTE COLLECTION SERVICE AREA OF MIAMI-DADE COUNTY, FLORIDA, COMMENCING OCTOBER 1, 2023; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE(Solid Waste Management Department)
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Public hearing opened and closed, item deferred to 9/6/2023 BCC
Mover: Eileen Higgins
Seconder: Kionne L. McGhee
Vote: 11 - 2
No: Hardemon , Cabrera
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed ordinance into the record.
Chairman Gilbert III opened the public hearing; the following individuals appeared before the Board:
1.) Mr. Noel Cleveland, 5990 SE Street, Miami, Florida spoke in support of Agenda Item 5D.
The following individuals spoke in opposition of Agenda Item 5D:
1.) Ms. Rose Ling, 15420 SW 57 Terrance, Miami, Florida.
2.) Ms. Patricia Ellis, 1146 Dunad Avenue, Miami, Florida.
3.) Ms. Bonnie Waxman, 13290 Biscayne Bay Terrace, North Miami, Florida.
4.) Mr. Javier Balcells, 9466 SW 170 Avenue, Miami, Florida.
5.) Ms. Madeline Kaufman, 2508 SW 19 Terrace, Miami, Florida.
6.) Ms. Sabrina Martin, 1100 NE 212 Terrace, Miami, Florida, requested more information on Agenda Item
There being no other individuals appearing to speak, Chairman Gilbert III closed the public hearing.
Commissioner Higgins expressed concern that this proposal would be the second year in a row regarding a shortfall funding for garbage pickup; noting the use of American Rescue funding to cover fees. She asked to meet with the Mayor and be presented a full 5-year analysis on garbage pickup and fees. Commissioner Higgins spoke regarding the importance of garbage services, and stated that if the department runs out of funding, then the County would have to reduce or limit garbage service pickup.
Commissioner Regalado thanked the residents for making their voices heard. She stated that the County was experiencing a spike in waste production, expressed concern that the administration did not have a concrete plan on how to solve this issue, and noted that the narrative surrounding the fee was that it was presented as savings rather than a true tax increase. Commissioner Regalado spoke of the needed for the County to deal with the bigger issues regarding waste collection, emphasizing that the County did not have a master plan, nor was the Board given any solution or options regarding trash removal. She emphasized that in order to maintain current services, taxes would have to be raised, of which county residents would not be able to sustain. Commissioner Regalado stated that either more landfills would need to be developed, or the service provided by Waste Management would have to be re-negotiated. . She suggested the Board use allocated money from the County�s General Fund as a way to provide residents with a tax break, and to continue using their current services at a discounted rate. She stated she could not support the foregoing proposed ordinance until administration exhausted all resources and a meaningful conversation was had to solve the problem
Commissioner Garcia agreed with Commissioner Regalado regarding the importance of trash collection, which he noted was a high health issue concern. He emphasized the necessity of creating a regional solution that included Broward, Palm Beach and Monroe counties with regard to waste.
Commissioner Garcia then inquired if the County had additional money from the American Rescue Plan Act (ARPA) Fund or the COVID-19 Relief Fund. He spoke of recycling services having higher costs, not producing feasible results, and the contamination of recycling bins � thus should be cut. Commissioner Garcia stated he could not support this item because he believed that the County did not consider all options for waste services before proposing to burden residents with higher taxes when general fund could be used. He stated the Board needed to have a more robust conversation regarding waste collection.
Commissioner Hardemon suggested that the Board be honest with residents regarding the cost of certain waste services. He referred to the trash services provided by the City of Miami compared to that offered to unincorporated areas where the two municipalities intersect. He stated that he would like to see a service increase in unincorporated areas; not just an increase in fees. He stated the Board should decide whether to match the fees to the actual costs of providing service, or have a reduced fee and provide tax dollars to cover the gap. Commissioner Hardemon indicated this issue demanded the necessary budgetary resources in providing trash pick-up services.
Commissioner Cabrera mentioned Commissioner Garcia�s comments regarding ARPA funds, questioned why raise fees instead of finding money to address this issue, and whether additional ARPA funds was available that could be used for trash pick-up. He then compared the City of Miami waste service fess to the County fees, and noted that the County fee was significantly larger.
County Mayor Danielle Levine Cava summarized her recent memorandum dated July 17, 2023, outlining the challenges and opportunities regarding solid waste issues, noting that the County was not in a crisis. She indicated a citing report would be presented to the Board in September 2023, highlighting short, medium and longer term options along with other alternatives being considered given the destruction of the Miami-Dade County Resource Recovery Facility. Mayor Levine Cava noted that with respect to the foregoing item, the County was currently borrowing money from the Waste Department�s Disposal Funds to cover the collection costs. She noted that in addition to collection services, illegal dumping and code enforcement would be aggressively dealt within the proposal.
Commissioner Cohen Higgins spoke of the current economic realities being faced by residents and expressed concern with the foregoing proposal to impose an increased solid waste collection fee on residents given the size of the County�s budget. She indicated that the proposed increase amount would create a gap in addressing long-range plan requirements, which in turn would call for further tax increases from the Disposal Fund in the coming years and jeopardize funding of future projects.
Mr. David Clodfelter, Director, Office of Management and Budget (OMB) responded to Commissioner Cohen Higgins questions regarding whether or not general fund dollars could be used to fill budgetary gaps for propriety departments, and if the funds for the construction of new solid waste facilities would allocated from the Disposal Fund.
Commissioner Cohen Higgins stated she concurred with the comments of Commissioners Cabrera and Garcia regarding the County�s recycling bill. She referred to Broward County�s relinquishing its recycle program, and asked if it was possible for the County to cancel theirs.
Ms. Olga Espinosa-Anderson, Interim Director, Solid Waste Management, stated that although the County recently extended the current recycling contract, administration could terminate the contract at any time. She noted that previously the department was paid for recycled items, but in recent years there was a spike in contaminated recycled items, thus the County lost some funding. Ms. Espinosa-Anderson emphasized that the Solid Waste Management Department had to renegotiate the terms of contract, wherein the County now had to pay for all recycled items.
Mayor Levine Cava assured the Board that the County had the ability to terminate the recycling contract, but emphasized that administration will return to the Board with a full comprehensive plan after assessing the recent damage from the fire at the Resource Recovery Facility , and include the cost and benefit of recycling.
In response to Commissioner Cohen Higgins inquiry, Assistant County Attorney (ACA) Jorge Martinez-Esteve stated that pursuant to Florida Statute 197 (362), the public hearing and final tax rate would have to take place at the first meeting of the Board in September to allow for processing and implementation prior to the statutory requirement of September 25, 2023. He clarified the statutory provisions concerning tax increases, and noted that additional notice to residents and advertisement, in addition to the TRIM notice, was required.
Commissioner Cohen Higgins reiterated her sentiments and stated she preferred to continue the discussion of looking at the budget to cover the fee increase as opposed to increasing rates and considering a plan for the future.
Commissioner Bastien stated that she was concerned regarding the rising economic burdens facing residents today, especially the elderly on fixed incomes who may not be able to afford the tax increase. She stated this matter cannot be solved piecemeal; and that she could not support the item because she believed that the administration should engage in a more in-depth conversation regarding all options.
Commissioner Bermudez stated he concurred with his colleagues� comments regarding the need for frank discussion on finding solid waste collection, and inquired if an approval vote today would allow for reduce the advertised service increase for residents.
Mr. Lazaro Solis, Deputy Property Appraiser, stated that the Board could reduce the price increase at the upcoming Budget Hearing. He noted that the Solid Waste Department had asked for an extension on providing the Property Appraiser�s office with this year�s for the trim rate, which was granted. Mr. Solis stated it was customary to recommend a higher trim rate be advertised, and later be reduced at theb first meeting in September.
Commissioner Bermudez inquired if the Board could terminate the recycling contract at this meeting.
Ms. Namita Uppal, Director, Strategic Procurement Department (SPD), stated that the contract could be terminated at any time.
Vice Chairman Rodriguez asked Mr. Solis if the billing for the increase would be invoiced separately or fall under County tax.
Mr. Solis stated that the billing for the increase fell under a different quarter. He noted that the Solid Waste Management Department could sanction their own billing, but the increase would occur in the tax. Mr. Solis stated the highest rate could go on the first trim notice, and then would be re-advertised with the lower amount after the Budget Hearing.
Discussion ensued regarding whether the proposed increase would be invoiced separately or fall within the County�s tax notice and on how would deferral of this matter impact taxpayers. Chairman Gilbert III spoke of the need for the Board to honestly acknowledge and reconcile the actual costs of providing solid waste services, and to act deliberately in planning services that matches fees. He noted that solid waste funding was propriety and the service provided was to be paid by the people who used the service. Chairman Gilbert III stated he was interested informed solutions to this issue.
Commissioner Regalado indicated that she had a previous meeting asked for a workshop and that the solid waste master plan be brought before Board; noting that a workshop and master plan meetings conversations should be accomplished before September 6, 2023 meeting.
Commissioner Bastien questioned whether the administration considered whether fee adjustment or exemptions could be offered for those residents that would experience a burden of this proposed tax increase.
Commissioner Cabrera motioned that the County terminate its recycling program and to vote down the foregoing proposed ordinance. Vice Chairman Rodriguez seconded this motion. Later in the meeting, Commissioner Cabrera withdrew his motion as mentioned above.
Commissioner Regalado stated that the Board should fully vet the recycling service before termination, and that terminating this program would not be fair without the resident�s input. She then directed Ms. Espinosa-Anderson, Interim Director, Solid Waste Management, to produce a report including individual recycling rates and a list of waste services for County residents to review prior to the September 6th, 2023 BCC meeting.
Mr. Jimmy Morales, Chief Operations Officer, Office of the Mayor, suggested that the Board give the administration direction to come back with a complete analysis to find ways to address all solid waste concerns.
In response to Commissioner Higgins motion to defer the foregoing proposed ordinance to the BCC meeting of September 6, 2023 meeting, County Attorney Geri Bonzon Keenan clarified that state law required that in this matter, a motion to defer would also require the public hearing to be re-opened and adjourned the public hearing and then defer the matter to September 6, 2023, when the public hearing would be resumed. This motion was seconded by Commissioner McGhee. Discussion ensued between the Commissioners and the County Attorney regarding deferral, increase notice requirements, and mailing costs should the matter be deferred.
There being no further discussion, the Board proceeded to defer the foregoing proposed ordinance to the September 6, 2023 BCC meeting.
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6/21/2023
Adopted on first reading by the Board of County Commissioners
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6/21/2023
Tentatively scheduled for a public hearing by the Board of County Commissioners
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5E
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231336
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING THE PLAT OF ACOSTA SUBDIVISION FILED BY LENNAR HOMES, LLC, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 57 SOUTH, RANGE 38 EAST (BOUNDED ON THE NORTH BY SW 320 STREET, ON THE EAST BY SW 197 AVENUE, ON THE SOUTH BY SW 322 STREET, AND ON THE WEST BY SW 199 AVENUE)(Regulatory and Economic Resources)
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Adopted
Resolution R-686-23
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 12 - 0
Absent: McGhee
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REPORT:
County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed resolution into the record.
Chairman Gilbert III opened the public hearing; seeing no one come forward, the public hearing was closed.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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6A
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CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS
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6A1
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231452
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Discussion Item
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Oliver G. Gilbert, III
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CONSIDERATION OF 2023 BCC CALENDAR
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Presented
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REPORT:
Chairman Gilbert III introduced the discussion item, and reviewed its intent. He suggested the Commissioners hold Board of County Commissioners (BCC) once a month November through December for 2023.
Commissioner Cohen Higgins stated agendas can be filled with time sensitive items, which would be hindered if the schedule were to change.
Commissioner Steinberg noted that if the administration would not be affected she would support the Chairman�s suggestion.
Chairman Gilbert III reviewed the Committee process, how public hearing items could be waived to BCC meetings, and the effectiveness of this change.
Commissioner Higgins voiced her concerns on impact to the 4-Day Rule clause.
Discussion ensued between Chairman Gilbert III and Commissioner Higgins regarding the necessity of the 4-Day Rule, and how modern technology has changed administrations prospective on that clause.
Commissioner Cohen Higgins reiterated her contention, and emphasized that her colleagues consider the residents and the value of their participation.
Commissioner Regalado stated that BCC meetings would be longer, which could impact quorum requirements. She emphasized that BCC meetings should not be on the same day as the Comprehension Development Master Plan (CDMP) and Zoning meetings.
Commissioner Bastien concurred with Chairman Gilbert III.
After conducting an informal vote, Chairman Gilbert III decided to keep the BCC schedule the same.
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6B
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POLICY MATTERS FOR DISCUSSION BY THE BOARD
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7
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ORDINANCES SET FOR SECOND READING
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8
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DEPARTMENTAL ITEMS
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8A thru 8F
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(No items were submitted for these sections.)
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8G
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MANAGEMENT AND BUDGET DEPARTMENT
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8G1
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231457
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Resolution
Clerk's Official Copy
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Anthony Rodriguez
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RESOLUTION APPROVING AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH VARIOUS MUNICIPALITIES TO REESTABLISH DISTRIBUTION OF PROCEEDS OF THE SIX-CENT LOCAL OPTION GAS TAX FOR THE 30-YEAR PERIOD FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2053; AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AGREEMENT AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN(Office of Management and Budget)
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Adopted
Resolution R-687-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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REPORT:
SPECIAL NOTE:
The foregoing resolution contained a scrivener's error and was corrected as follows:
-On page MDC 004 (Attachment A), the last note should read as "Miami-Dade Local Option (6 cents) Gas Tax Estimate (at 95%) for Fiscal Year 20233-2024, excluding any service charge withheld by the State of Florida."
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8G2
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231468
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE PROPOSED FISCAL YEAR 2023-24 COUNTYWIDE OPERATING MILLAGE RATE(Office of Management and Budget)
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Adopted
Resolution R-688-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8G3
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231467
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE PROPOSED FISCAL YEAR 2023-24 COUNTYWIDE DEBT SERVICE MILLAGE RATE(Office of Management and Budget)
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Adopted
Resolution R-689-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8G4
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231471
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE PROPOSED FISCAL YEAR 2023-24 UNINCORPORATED MUNICIPAL SERVICE AREA OPERATING MILLAGE RATE(Office of Management and Budget)
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Adopted
Resolution R-690-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8G5
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231470
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE PROPOSED FISCAL YEAR 2023-24 FIRE RESCUE DISTRICT OPERATING MILLAGE RATE(Office of Management and Budget)
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Adopted
Resolution R-691-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8G6
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231469
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE PROPOSED FISCAL YEAR 2023-24 LIBRARY DISTRICT OPERATING MILLAGE RATE(Office of Management and Budget)
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Adopted
Resolution R-692-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8G7
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231466
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Resolution
Clerk's Official Copy
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RESOLUTION SETTING THE DATE, TIME, AND LOCATION OF THE FISCAL YEAR 2023-24 PROPOSED PUBLIC BUDGET HEARINGS(Office of Management and Budget)
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Adopted
Resolution R-693-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8H thru 8J
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(No items were submitted for these sections.)
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8K
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PUBLIC HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT
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8K1
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231320
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Resolution
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Marleine Bastien
Kevin Marino Cabrera
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RESOLUTION APPROVING, AFTER A PUBLIC HEARING, THE FISCAL YEAR (FY) 2023 ACTION PLAN FUNDING RECOMMENDATIONS FOR $12,495,588.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS, WHICH INCLUDES $1,624,426.44 OF COMMISSION DISTRICT FUNDS (CDF); $5,541,707.00 OF HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDS; $4,517,648.48 OF HOME PROGRAM INCOME FUNDS; $11,418,636.38 OF HOUSING DEVELOPMENT ACTION GRANT (HODAG) PROGRAM INCOME ADMINISTERED AS HOME PROGRAM INCOME; AND $1,052,098.00 OF EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FUNDS; APPROVING SUBSTANTIAL AMENDMENTS TO THE FY 2015-2022 ACTION PLANS AND THE CORRESPONDING FY 2013-2017, AS EXTENDED THROUGH FY 2019, AND FY 2020-2024 CONSOLIDATED PLANS TO RECAPTURE AND REALLOCATE $950,132.76 OF CDBG 2015 AND CDBG 2017-2021 FUNDS, $75,956.10 OF HOME 2019 FUNDS, AND $400,000.00 OF ESG 2021 FUNDS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO: (1) SUBMIT SAID ACTION PLAN, ANNUAL UPDATE TO THE FY 2020-2024 CONSOLIDATED PLAN AND SUBSTANTIAL AMENDMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; (2) ADMINISTRATIVELY ALLOCATE $645,518.08 OF CDBG FUNDS, INCLUDING COMMISSION DISTRICT FUNDS, TO PUBLIC SERVICE AND ECONOMIC DEVELOPMENT ACTIVITIES LATER IN THE 2023 PROGRAM YEAR; (3) EXECUTE CONDITIONAL LOAN COMMITMENTS, STANDARD SHELL CONTRACTS, AGREEMENTS, LOAN DOCUMENTS, AND AMENDMENTS TO ACCOMPLISH THE PURPOSES SET FORTH IN THIS LEGISLATION, AND TO SHIFT FUNDS AND FUNDING SOURCES AWARDED TO A PROJECT TO ANY NEW AFFILIATED ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT A PROJECT; (4) UPON A DETERMINATION THAT SUCH ACTIONS ARE IN THE BEST INTEREST OF THE COUNTY, TO SUBORDINATE AND/OR MODIFY THE TERMS OF CONTRACTS, AMENDMENTS AND LOAN DOCUMENTS SO LONG AS SUCH MODIFICATIONS ARE APPROVED BY THE COUNTY�S ATTORNEY�S OFFICE AS TO FORM AND LEGAL SUFFICIENCY AND ARE NOT SUBSTANTIALLY INCONSISTENT WITH THIS RESOLUTION; AND (5) EXERCISE TERMINATION, WAIVER, ACCELERATION AND OTHER PROVISIONS IN SAID AGREEMENTS AND DOCUMENTS(Public Housing and Community Development)
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Amended
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REPORT:
Assistant County Attorney (ACA) Melissa Gallo read the following amendment into the record:
- Delete the recommendation on MDC0279 in Exhibit C to reallocate $321, 091.27 from the District 4 Community Development Block Grant (CDBG) Program Funds to the Neighbors and Neighbors Association, Inc.
- Make conforming changes to the title.
Commissioner Hardemon reviewed the intent of his amendment, and noted that administration would return to the Board with an additional recommendation to help make improvements to the city of Brownsville.
Commissioner Hardemon moved his amendment. This motion was seconded by Commissioner Higgins, and upon being put to vote, passed with a vote of 13-0.
There being no further discussion, the Board proceed to vote on the foregoing resolution, as amended.
The final amended version will be assigned Resolution No. R-694-23.
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7/10/2023
Forwarded to BCC by the BCC Chairperson with a favorable recommendation following a public hearing by the Housing, Recreation, Culture & Community Dev. Cmte
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8K2
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231399
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Resolution
Clerk's Official Copy
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Marleine Bastien
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RESOLUTION APPROVING OF AND AUTHORIZING, AFTER A PUBLIC HEARING, THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT THE FISCAL YEAR 2023-2024 PUBLIC HOUSING AGENCY PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FINAL APPROVAL, AND TO MAKE ANY NECESSARY REVISIONS, SUBJECT TO THE LIMITATIONS OF THE �SIGNIFICANT AMENDMENT AND SUBSTANTIAL DEVIATION� DEFINITION CONTAINED THEREIN, AS MAY BE REQUIRED BY REGULATION, STATUTE, COURT ORDER OR SAFETY AND SECURITY ISSUES AND TO SUBMIT SUCH REVISIONS TO HUD FOR ITS APPROVAL(Public Housing and Community Development)
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Adopted
Resolution R-695-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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7/10/2023
Forwarded to BCC by the BCC Chairperson with a favorable recommendation following a public hearing by the Housing, Recreation, Culture & Community Dev. Cmte
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8L
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REGULATORY AND ECONOMIC RESOURCES
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8L1
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230848
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Resolution
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Keon Hardemon
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RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP THE RESILIENCE EDUCATION GRANT PROGRAM, SELECT ORGANIZATIONS FOR GRANT FUNDING, AND NEGOTIATE AND EXECUTE GRANT AGREEMENTS FOR THE RESILIENCE EDUCATION GRANT PROGRAM, IN THE TOTAL AMOUNT OF $2,250,000.00, AND EXERCISE ALL PROVISIONS CONTAINED THEREIN; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE AN ANNUAL REPORT; WAIVING THE REQUIREMENTS OF RESOLUTION NO. R-130-06(Regulatory and Economic Resources)
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Withdrawn
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REPORT:
During the Setting of Agenda, Commissioner Hardemon assumed prime sponsorship of the proposed foregoing resolution, and requested it be withdrawn.
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6/15/2023
Meeting cancelled by the PortMiami, Resiliency, and Sustainability Cmte.
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7/11/2023
Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the PortMiami, Resiliency, and Sustainability Cmte.
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8M
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(No items were submitted for this section.)
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8N
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TRANSPORTATION AND PUBLIC WORKS
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8N1
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231319
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Resolution
Clerk's Official Copy
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Raquel A. Regalado
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RESOLUTION APPROVING SETTLEMENT AGREEMENT IN LAMBERT BROS., INC. V. MIAMI-DADE COUNTY, CASE NO. 2019-000218 CA (13) IN THE AMOUNT OF $200,000.00 TO RESOLVE ANY AND ALL CLAIMS BETWEEN THE PARTIES; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE SETTLEMENT AGREEMENT AND EXERCISE ALL PROVISIONS CONTAINED THEREIN(Transportation and Public Works)
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Adopted
Resolution R-696-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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8N2
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231150
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS (PSA) TO PROVIDE CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR VARIOUS DTPW PROJECTS, PROJECT NO. E19-DTPW-09; CONTRACT NO. 20190190, AND INCREASING THE CONTRACT AMOUNT BY $2,174,000.00; AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR THIS PURPOSE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND TO EXERCISE THE RIGHTS CONTAINED THEREIN(Transportation and Public Works)
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Adopted
Resolution R-697-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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6/14/2023
Forwarded to BCC with a favorable recommendation by the Transportation, Mobility, and Planning Cmte.
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8N3
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231156
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Resolution
Clerk's Official Copy
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RESOLUTION APPROVING AWARD OF A CONTRACT TO NV2A GROUP, LLC FOR $66,827,578.70 FOR DESIGN-BUILD SERVICES FOR THE PROJECT TITLED DADELAND SOUTH INTERMODAL STATION (PROJECT NO. DB21-DTPW-03; CONTRACT NO. CIP207-DTPW21-DB) FOR A TERM OF 685 CALENDAR DAYS FOR SUBSTANTIAL COMPLETION PLUS 56 CALENDAR DAYS TO FINAL COMPLETION, EXCLUDING CONTINGENCY TIME OF 75 CALENDAR DAYS WHICH EXCLUDES THE WARRANTY ADMINISTRATION PERIOD; AUTHORIZING THE USE OF PEOPLE�S TRANSPORTATION PLAN BOND PROGRAM (PTP) FUNDS FOR SUCH PURPOSES; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE SAME AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN(Transportation and Public Works)
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Adopted
Resolution R-698-23
Mover: Eileen Higgins
Seconder: Danielle Cohen Higgins
Vote: 12 - 1
No: McGhee
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REPORT:
Commissioner McGhee stated he bifurcated the foregoing resolution to vote �no.�
There being no further discussion, the Board proceed to vote on the foregoing resolution, as presented.
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6/14/2023
Forwarded to BCC with a favorable recommendation by the Transportation, Mobility, and Planning Cmte.
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8O
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(No items were submitted for this section.)
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8P
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STRATEGIC PROCUREMENT DEPARTMENT
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8P1
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231307
|
Resolution
Clerk's Official Copy
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RESOLUTION AUTHORIZING AWARD OF A BID WAIVER CONTRACT PURSUANT TO SECTION 5.03(D) OF THE HOME RULE CHARTER AND SECTION 2-8.1 OF THE COUNTY CODE BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; AUTHORIZING AWARD OF CONTRACT NO. BW- 10321 FOR THE PURCHASE OF AN ELECTRONIC PATIENT CARE REPORTING SYSTEM TO SAFFIRE SOFTWARE, INC. D/B/A METROPCR IN AN AMOUNT NOT TO EXCEED $950,000.00 FOR A THREE-YEAR TERM FOR THE MIAMI- DADE FIRE RESCUE DEPARTMENT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL PROVISIONS OF THE CONTRACT, INCLUDING ANY CANCELLATION OR EXTENSION PROVISIONS, PURSUANT TO SECTION 2-8.1 OF THE COUNTY CODE AND IMPLEMENTING ORDER 3-38(Strategic Procurement)
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Adopted
Resolution R-676-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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7/11/2023
Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Community Safety, Security & Emergency Mgmt. Cmte.
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8P2
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231356
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Resolution
Clerk's Official Copy
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Kevin Marino Cabrera
Eileen Higgins
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RESOLUTION APPROVING REJECTION OF ALL PROPOSALS RECEIVED IN RESPONSE TO A COMPETITIVE REQUEST FOR PROPOSALS AND AWARDING A CONTRACT AS A DESIGNATED PURCHASE PURSUANT TO SECTION 2-8.1(B)(3) OF THE COUNTY CODE BY A TWO-THIRDS VOTE OF THE BOARD MEMBERS PRESENT; APPROVING THE AWARD OF CONTRACT NO. EVN0000037 FOR THE PURCHASE OF MAINTENANCE AND REPAIR SERVICES TO SCHINDLER ELEVATOR CORPORATION IN A TOTAL AMOUNT NOT TO EXCEED $602,424,184.00 FOR THE INITIAL FIVE-YEAR TERM, AND ONE, FIVE-YEAR OPTION TO RENEW; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS OF THE CONTRACT, INCLUDING ANY RENEWAL, CANCELLATION AND EXTENSION PROVISIONS PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA AND IMPLEMENTING ORDER 3-38(Strategic Procurement)
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Adopted
Resolution R-699-23
Mover: Kevin Marino Cabrera
Seconder: Danielle Cohen Higgins
Vote: 13 - 0
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REPORT:
Commissioner Bermudez asked for clarification regarding which vendor was rewarded the bid.
Ms. Namita Uppal, Director, Strategic Procurement Department (SPD), reviewed the Request for Proposal (RFP) process and noted that the correct bidder won the contract.
Chairman Gilbert III inquired as to why SPD recommended to reject all bids, and if rejecting the bids would cancel the procurement process.
Ms. Uppal stated that during the procurement process, Florida Senate House Bill 3 was passed limiting the selection process criteria; she emphasized that the vendor was the clear winner, even with an adjusted score. Ms. Uppal noted that the Board�s only options were either to reject all bids and start the procurement process over, or use the results from the previous selection committee, as a designated purchase.
Chairman Gilbert stated that elevators and walkways were necessary for airport travel, but noted he felt $600 million dollar cost was extensive. He asked his colleagues to consider the same amount of fairness for future items going through the procurement processes
Commissioner Cohen Higgins stated that the foregoing proposed resolution was a designated purchase, which was required to be frame as such due to new state laws. She concluded that the highest scored bidder won the contact, and stated she supports SPD�s decision.
Commissioner Bermudez asked if administration could re-negotiate after five years to evaluate if the vendor was performing to the County�s expectations. He then stated that the procurement should be adjusted and simplified in order to avoid confusion for the Commissioners and general public.
Commissioner Regalado stated it was the County legal obligation to have operating elevators in the airport. She stated that she spoke to airline companies and the value of in-airport transportation between departure gates. Commissioner Regalado noted that she was working with the Miami-Dade Aviation Department Director, Mr. Ralph Cuti�, on how to make travel more efficient. She mentioned that some residents with disabilities do not feel comfortable on the walkways, which was why she believed the County should prioritize elevators.
There being no further discussion, the Board proceed to vote on the foregoing resolution, as presented.
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8P3
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230935
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Resolution
Clerk's Official Copy
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Oliver G. Gilbert, III
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RESOLUTION APPROVING AWARD OF CONTRACT NO. RFP-01677 TO FDR MIAMI HOTEL LLC WITH A POSITIVE FISCAL IMPACT TO THE COUNTY OF APPROXIMATELY $240,000,000.00 OVER THE 50-YEAR TERM OF THE LEASE TO DESIGN, BUILD, FINANCE, OPERATE AND MAINTAIN A NEW HOTEL AT MIAMI INTERNATIONAL AIRPORT FOR THE MIAMI-DADE AVIATION DEPARTMENT; APPROVING THE LEASE; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME AND EXERCISE ALL PROVISIONS CONTAINED THEREIN PURSUANT TO SECTION 2-8.1 OF THE COUNTY CODE AND IMPLEMENTING ORDER 3-38; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE AN EXECUTED COPY OF THE LEASE TO THE PROPERTY APPRAISER�S OFFICE WITHIN 30 DAYS OF THE EXECUTION OF THE LEASE(Strategic Procurement)
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Adopted
Resolution R-700-23
Mover: Oliver G. Gilbert, III
Seconder: Danielle Cohen Higgins
Vote: 13 - 0
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REPORT:
Chairman Gilbert III presented the foregoing proposed resolution and moved that the Board adopt the foregoing proposed resolution. This motion was seconded by Commissioner Regalado. He stated he felt confident that the vendor selected would produce a feasible and much needed hotel for Miami International Airport (MIA). He noted that the vendors selected for award on this item and on item 11A2 Substitute on today�s agenda were proposing hotels in two (2) distinct markets.
Commissioner Hardemon concurred with Chairman Gilbert III�s sentiments of having two (2) hotels at the MIA; adding that there was space enough for two hotels for MIA. He stated, however that both award proposals (8P3 & 11A2 Substitute) should be considered at the same time to allow for competition and give people the option to choose a hotel they wish; and also meet the needs of the County. Commissioner Hardemon referred to language in item 11A2 Substitute regarding a study and previous negotiations, and suggested that the negotiations be included. He stated that both proposals be brought back to the Board for consideration at the same time; he stated that he was willing to vote against the motion as it stood.
Chairman Gilbert III stated he was not willing to defer these items today, referring to the process of the two items result did not yield a recommendation from the Committee to the full Board. He emphasized the need of affordable lodging facilities for moderate-income individuals due to the increase in travelers, as noted by a previous study conducted by the Aviation Department. He reviewed the procurement process and highlighted that both applicants cannot build at the same time, thus should not be considered together.
Chairman Gilbert III noted that in the Request For Proposal (RFP) the Strategic Procurement Department (SPD) considered having two hotels, thus the contracts should be awarded to the two highest bidders. He stated that he adjusted the resolution�s language to reflect that both hotels would not have duplicative amenities and ratings.
Commissioner Cabrera noted the importance moving forward with the fulfilling the Airport CIP stipulations for two (2) hotels and noted he was in support of the proposed items.
Commissioner Garcia stated that he understood Chairman Gilbert III�s position regarding these items, but noted that the consideration of the second hotel did not align with the procurement process. He stated that he could not support awarding the second-place vendor without issuing a solicitation for the second site. Commissioner Garcia stated award of the second site in this manner could set a precedence for future awards.
Chairman Gilbert III noted that the administration had approved direct source contracts in the past, however both applicants in this scenario had been vetted enough through the numerous procurement and Committee cycles, and both were found to be responsive and responsible proposers.
Commissioner Garcia stated the land designated for the second hotel was not a part of the initial RFP process for one site. He highlighted that the second hotel site should go through a solicitation process, rather than be given to the applicant by the Board.
Commissioner Cabrera noted that the Board would not be awarding the second hotel site today, but rather asking the Mayor negotiate the proposal further and come back for the Board�s consideration based on the Airport�s Capital Improvement Program.
Commissioner Bermudez noted the best qualified proposer should receive the preferable building site, and move that application forward and expressed that the awarded applicant receiving the less preferable site would be unfair. He stated he would like to know timing and aspect of constructing a second hotel, noting that the recommendation of staff to award to FDR.
Commissioner McGhee asked the County Attorney if Commissioner Garcia�s statements were correct.
Assistant County Attorney (ACA) Michael Mastrucci responded to Commissioner McGhee�s inquiries and reviewed the expedited 90 day procurement process on this bid and staff�s recommendation of Fontainebleau Development, LLC and The Related Companies (FDR) Miami Hotel, LLC as the highest ranked responsible proposer.
Discussion ensued regarding the procurement process for the proposed contract and the Mayor�s recommendation.
Commissioner Cohen Higgins clarified that recommendations from staff come after a scoring by the Selection Committee, noting that the varying recommendations from the administration took place after the scoring. She stated that the Committee did its job, with the Inspector General sitting in on the examination, and the winner was recommended based on a scoring matrix established by the policy of the County. Commissioner Cohen Higgins noted that procurement by nature was winner takes all, and stated adoption of item 11� would be a consolation prize for the second ranked bidder, particularly since the matter competitively procured. She noted the possible implications of today decision and felt it would pose a threat to the Board�s authority,and the negative precedent that could be realized on future contracts. Commissioner Cohen Higgins stated if a seconded hotel was deemed needed, then the administration should issue a new competitive procurement at that time. Commissioner Cohen Higgins urged the Board to follow the recommendation of the Selection Committee with the number one bidder; and stated that should 11A2 or 11A2 Substitute were to pass today, she would call for the Mayor to veto the matter.
Commissioner Hardemon emphasized that the Mayor had not given the Board an explanation as to why she presented varying recommendations. He spoke regarding the urgent needed accelerate the redevelopment of MIA, and urged the Board of move forward with both items quickly.
Chairman Gilbert III stated that Florida State Statutes allowed that the procurement of these projects to be done without a competitive process.
Commissioner Bastien voiced her concerns that the procurement process for these projects did not provide an opportunity for the proposers to make a presentation regarding their project. She noted she hoped that the Mayor had offer an explanation of her recommendation. Commission Bastien stated that the County needed and deserved elite hotels that that enhanced its brand. She stated she would support both items, but emphasized that the procurement process needs to be revamped.
Mr. Ralph Cuti�, Director, Miami-Dade Aviation Department (MDAD), responded to Commissioner Garcia�s inquiries regarding occupancy rates and number of units in the current hotel and that of the proposed hotel.
Commissioner Garcia spoke of losing the confidence of the vendor and making it harder for them to recoup funding and do business based on the spec of the RFP. He suggested that the Board move forward with 8P3 and go out to bid on second hotel site.
Chairman Gilbert III reiterated that specs within the RFP for this project contemplated a second hotel, noting 11A2 Substitute contained more business protections of which the proposers agreed and a RFP of which they responded.
Commissioner McGhee spoke on affordability and the ratings of the proposed hotels, noting that support for one proposed hotel versus the other could deter middle class tourist due to the high cost of a night�s stay. He stated he would support both vendors in order to create equity and fairness.
Chairman Gilbert III stated that construction of both sites would generate operational and functionality issues if completed concurrently. He then clarified that 11A2 Substitute would only give the Mayor the authority to negotiate terms for a second site, and return the Board with finished product.
County Mayor Danielle Levine Cava noted she inherited the application from previous administration and that her involvement in the process was limited due to County rules. She stated that once she was provided with the results and recommendation of the Committee regarding the project, she was not satisfied with certain items that were important to her and the Board and initially rejected the proposals. She then indicated that the highest bidder came back with a better offer and she wanted to Board to weight on the matter as it stands today.
There being no further discussion, the Board proceeded to vote on the foregoing resolution, as presented.
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5/10/2023
Deferred by the Airport and Economic Development Committee
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6/14/2023
Forwarded to BCC without a recommendation by the Airport and Economic Development Committee
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8P3 SUPPLEMENT
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231362
|
Supplement
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SUPPLEMENTAL INFORMATION RE: RESPONSE TO REQUEST REGARDING AWARD OF THE NEW HOTEL AT MIAMI INTERNATIONAL AIRPORT
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Presented
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8P3 SUPPLEMENT NO.2
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231481
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Supplement
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NEW HOTEL AT MIAMI INTERNATIONAL AIRPORT LEASE AGREEMENT
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Presented
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9
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ADDITIONAL DEPARTMENTAL ITEMS
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10
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AUTHORITIES, BOARDS, COUNCILS AND TRUSTS
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11
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COUNTY COMMISSION
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11A
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RESOLUTIONS
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11A1
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231436
|
Resolution
Clerk's Official Copy
|
Raquel A. Regalado
|
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RESOLUTION APPROVING THE PINECREST PEAFOWL MITIGATION POLICY
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Adopted
Resolution R-701-23
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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11A2
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231455
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Resolution
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Oliver G. Gilbert, III
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ENTER INTO NEGOTIATIONS FOR CONSTRUCTION OF A NEW AIRPORT HOTEL WITH PARMCO AIRPORT HOSPITALITY LLC; DETERMINING THAT AN AIRPORT HOTEL IS AN AIRPORT FACILITY PURSUANT TO SECTION 125.35, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR TO SUBMIT ANY AGREED LEASE AND DEVELOPMENT AGREEMENT TO THIS BOARD OF COUNTY COMMISSIONERS FOR APPROVAL; WAIVING CERTAIN PROVISIONS OF IMPLEMENTING ORDER 8-4
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Withdrawn
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11A2 SUBSTITUTE
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231479
|
Resolution
|
Oliver G. Gilbert, III
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO ENTER INTO NEGOTIATIONS FOR CONSTRUCTION OF A NEW AIRPORT HOTEL WITH PARMCO AIRPORT HOSPITALITY LLC; DETERMINING THAT AN AIRPORT HOTEL IS AN AIRPORT FACILITY PURSUANT TO SECTION 125.35, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR TO SUBMIT ANY AGREED LEASE AND DEVELOPMENT AGREEMENT TO THIS BOARD OF COUNTY COMMISSIONERS FOR APPROVAL; WAIVING CERTAIN PROVISIONS OF IMPLEMENTING ORDER 8-4 [SEE ORIGINAL ITEM UNDER FILE NO. 231455]
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Failed
Mover: Danielle Cohen Higgins
Seconder: Juan Carlos Bermudez
Vote: 6 - 7
No: Steinberg , Higgins , Regalado , Cohen Higgins , Rodriguez , Gonzalez , Garc�a
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REPORT:
Vice Chairman Rodriguez asked for further clarification on whether the proposed study would assess the need of a second hotel, or if it analyzed the layout and amenities of the second hotel. He referred to a previous conversation with Mr. Ralph Cuti�, Director, Miami-Dade Aviation Department, who stated construction on the second hotel would commence five years after the Fontainebleau Development, LLC and The Related Companies (FDR) Miami Hotel, LLC hotel was built.
Chairman Gilbert III read the title of the foregoing proposed resolution, noting that this item would direct the County Mayor to negotiate with the applicant, and return to the Board with a potential agreement.
Assistant County Attorney (ACA) Michael Mastrucci responded to Vice Chairman Rodriguez inquiry and stated the foregoing proposed substitute item, if adopted today, would not award a contract or lease with the vendor. He indicated the proposed item would allow the Mayor to conditionally negotiate an agreement with the vendor and submit such agreement to Board, which had the discretion to approve recommended, reject or amend the item.
Vice Chairman Rodriguez reiterated his reservations regarding circumventing the bidding process, and stated he could not support administration entering negotiations with the second highest bidder on a Request For Proposal (RFP).
There being no further discussion, the Board proceeded to vote on the foregoing proposed resolution, as presented.
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11B
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ADDITIONAL BUDGET ALLOCATIONS
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11B1
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231520
|
Report
|
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| |
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RESCIND ALLOCATIONS MADE DURING OCTOBER 6, 2022 BCC MEETING FROM THE FISCAL YEAR (FY) 2021/2022 DISCTRICT 4 PROJECTS DESIGNATION PROGRAM FUNDS
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Approved
Report
Mover: Oliver G. Gilbert, III
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Gonzalez
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REPORT:
Commissioner Steinberg requested to rescind the following alllocations from Fiscal Year (FY) 2021-2022 made at the October 6, 2022 BCC meeting:
- $3,000 to Humans and Animals United
-$20,000 to the American Civil Liberties Union of Florida
She noted that the District 4 Office had contacted both entities to complete the allocations, but did not receive a response.
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12
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COUNTY MAYOR
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13
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COUNTY ATTORNEY
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14
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ITEMS SUBJECT TO 4-DAY RULE
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| |
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14A1
|
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231454
|
Ordinance
|
Marleine Bastien
Kionne L. McGhee
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|
|
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ORDINANCE CREATING A HEAT STANDARD FOR OUTDOOR WORKERS; CREATING CHAPTER 22A AND AMENDING SECTION 8CC-10 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA; PROVIDING INTENT, PURPOSE, AND DEFINITIONS; ESTABLISHING PROCEDURES FOR IMPLEMENTATION; PROVIDING FOR COUNTY ENFORCEMENT; REQUIRING CERTAIN EMPLOYERS TO HAVE AN APPROVED MANDATORY HEAT EXPOSURE SAFETY PROGRAM; REQUIRING ACCESS TO DRINKING WATER; REQUIRING SHADED RECOVERY PERIODS; PROVIDING FOR MULTILINGUAL NOTICE OF EMPLOYEE RIGHTS; ESTABLISHING PENALTIES FOR VIOLATIONS OF CHAPTER; REQUIRING REPORTS; AMENDING SECTION 10-38; PROVIDING FOR DEBARMENT OF CONTRACTORS THAT VIOLATE HEAT STANDARD FOR OUTDOOR WORKERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
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Adopted on first reading
Public Hearing:
September 11, 2023
Ordinance
Mover: Marleine Bastien
Seconder: Kionne L. McGhee
Vote: 11 - 0
Absent: Cabrera , Cohen Higgins
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| |
REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule required separate votes. She later read the title of the foregoing proposed ordinance into the record.
Commissioner McGhee relinquished his prime sponsorship of the foregoing proposed item, and suggested that Commissioner Bastien to be listed as the prime sponsor.
Commissioner Bastien requested to be listed as prime sponsor.
There being no further discussion, the Board proceed to vote on the foregoing ordinance as presented.
The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Community Health Committee (CHC) meeting to be held on Monday, September 11, 2023 at 12:00 p.m.
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7/11/2023
Requires Municipal Notification by the Board of County Commissioners
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14A2
|
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231429
|
Resolution
Clerk's Official Copy
|
Kionne L. McGhee
|
|
|
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RESOLUTION AUTHORIZING CONVEYANCE OF NON-EXCLUSIVE EASEMENTS TO FLORIDA POWER AND LIGHT COMPANY FOR A NOMINAL SUM OF $1.00 TO INSTALL, OPERATE AND MAINTAIN ELECTRICAL POWER FACILITIES AT THE SOUTH DADE TRANSIT OPERATIONS CENTER LOCATED AT SW 127 AVENUE AND BISCAYNE DRIVE, HOMESTEAD, FLORIDA AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO AMEND EASEMENT EXHIBITS UNDER CERTAIN CIRCUMSTANCES, EXECUTE THE EASEMENT CONVEYANCES, TAKE ALL ACTIONS TO EFFECTUATE SAME AND EXERCISE ALL PROVISIONS CONTAINED THEREIN(Transportation and Public Works)
|
Adopted
Resolution R-702-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
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| |
REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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7/12/2023
Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Transportation, Mobility, and Planning Cmte.
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14A3
|
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231475
|
Resolution
Clerk's Official Copy
|
Oliver G. Gilbert, III
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|
|
|
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RESOLUTION APPROVING THE CITY OF OPA-LOCKA�S CODESIGNATION OF THAT PORTION OF NW 22ND PLACE FROM SUPERIOR STREET TO NW 139TH STREET AS �VICE MAYOR DOROTHY JOHNSON PLACE�
|
Adopted
Resolution R-703-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
|
| |
REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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|
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14A3 SUPPLEMENT
|
|
| |
231485
|
Supplement
|
|
| |
|
| |
SUPPLEMENTAL INFORMATION REGARDING THE RESOLUTION APPROVING THE CITY OF OPA-LOCKA�S CODESIGNATION OF THAT PORTION OF NW 22ND PLACE FROM SUPERIOR STREET TO NW 139TH STREET AS �VICE MAYOR DOROTHY JOHNSON PLACE�(Clerk of the Board)
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Presented
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|
14A4
|
|
| |
231476
|
Resolution
Clerk's Official Copy
|
Oliver G. Gilbert, III
|
|
|
|
|
|
| |
RESOLUTION APPROVING THE CITY OF MIAMI GARDENS CODESIGNATION OF THAT PORTION OF NORTHWEST 12TH AVENUE BETWEEN NORTHWEST 191ST AND NORTHWEST 199TH STREET AS �VIKINGS AVENUE�
|
Adopted
Resolution R-704-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
|
| |
REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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|
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14A4 SUPPLEMENT
|
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| |
231483
|
Supplement
|
|
| |
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| |
SUPPLEMENTAL INFORMATION REGARDING THE RESOLUTION APPROVING THE CITY OF MIAMI GARDENS CODESIGNATION OF THAT PORTION OF NORTHWEST 12TH AVENUE BETWEEN NORTHWEST 191ST AND NORTHWEST 199TH STREET AS �VIKINGS AVENUE�(Clerk of the Board)
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Presented
|
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14A5
|
|
| |
231473
|
Resolution
Clerk's Official Copy
|
Oliver G. Gilbert, III
|
|
|
|
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RESOLUTION APPROVING AN AMENDED AND RESTATED LEASE AND DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND WELLSPRING COMMUNITY RESOURCES, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION (�WELLSPRING COMMUNITY�), FOR CERTAIN COUNTY-OWNED PROPERTY LOCATED AT 14701 NW 27 AVENUE, OPA-LOCKA, FLORIDA (�PROPERTY�) TO REDUCE THE SIZE OF THE PREMISES TO APPROXIMATELY 98,503 SQUARE FEET TO BE UTILIZED AS A MEDICAL OFFICE COMPLEX PURSUANT TO AN AMENDED LEASE WITH WELLSPRING COMMUNITY, IN ACCORDANCE WITH SECTION 125.045, FLORIDA STATUTES, FOR A TERM OF 75 YEARS WITH A RENTAL AMOUNT OF $1.00 PER YEAR FOR SEVEN YEARS AND $75,000.00 ANNUALLY FOR YEARS EIGHT THROUGH 75 FOR A TOTAL OF $5,100,007.00 FOR THE TERM; APPROVING A LEASE OF THE REMAINING PROPERTY CONSISTING OF APPROXIMATELY 65,798 SQUARE FEET TO WELLSPRING LLC, A COLORADO LIMITED LIABILITY COMPANY (�WELLSPRING LLC�), FOR AN INITIAL TERM OF 75 YEARS WITH TWO FIVE YEAR RENEWAL OPTIONS FOR A RENTAL AMOUNT OF $54,000.00 PER YEAR WITH AN INCREASE OF THREE PERCENT ANNUALLY, AND SUCH RENT SUBJECT TO DEFERRALS, COMMENCING NO LATER THAN MAY 31, 2025 TO BE UTILIZED FOR DEVELOPMENT AND OPERATION OF AFFORDABLE RESIDENTIAL HOUSING FOR THE ELDERLY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE AMENDED LEASE WITH WELLSPRING COMMUNITY AND THE HOUSING LEASE WITH WELLSPRING LLC, TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME, AND TO PROVIDE AN EXECUTED COPY OF SUCH LEASES TO THE PROPERTY APPRAISER�S OFFICE
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Adopted
Resolution R-705-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
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| |
REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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14A5 SUPPLEMENT
|
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231480
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Supplement
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| |
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| |
SUPPLEMENT WELLSPRING, LLC LEASE AGREEMENT
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Presented
|
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14A6
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| |
231310
|
Resolution
Clerk's Official Copy
|
Kevin Marino Cabrera
|
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RESOLUTION APPROVING RESTATED DEVELOPMENT LEASE BETWEEN THE COUNTY AND AAR AIRCRAFT SERVICES, INC. (''AAR'') TO EXTEND THE TERM OF AAR�S EXISTING MAINTENANCE HANGAR AND ANCILLARY LEASES ON THE NORTH SIDE OF MIAMI INTERNATIONAL AIRPORT (''MIA'') AND TO MODIFY THE BOUNDARIES OF AAR�S EXISTING LEASES TO ENABLE AAR TO DEVELOP AN EXPANDED HANGAR TO MEET GROWING AIRCRAFT MAINTENANCE NEEDS AT MIA; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SUCH RESTATED DEVELOPMENT LEASE AND ALL RIGHTS CONTAINED THEREIN, INCLUDING THE TERMINATION PROVISIONS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PROVIDE THE RESTATED DEVELOPMENT LEASE TO THE COUNTY PROPERTY APPRAISER IN ACCORDANCE WITH RESOLUTION NO. R-791-14(Aviation Department)
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Adopted
Resolution R-706-23
Mover: Eileen Higgins
Seconder: Marleine Bastien
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented
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7/12/2023
Forwarded to the BCC by the BCC Chairperson with a favorable recommendation by the Airport and Economic Development Committee
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14A7
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231464
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Resolution
Clerk's Official Copy
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Roberto J. Gonzalez
Kevin Marino Cabrera
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RESOLUTION DECLARING MARCH 2024 AND THE MONTH OF MARCH FOR EACH YEAR THEREAFTER AS CHILD SEX TRAFFICKING PREVENTION MONTH IN MIAMI-DADE COUNTY; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONSPICUOUSLY PLACE INFORMATIONAL POSTERS REGARDING CHILD SEX TRAFFICKING IN MIAMI-DADE COUNTY BUILDINGS; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO CONDUCT A STUDY ON THE EFFECTS OF CHILD SEX TRAFFICKING IN MIAMI-DADE COUNTY; AND REQUIRING REPORTS
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Adopted
Resolution R-707-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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14A8
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231484
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Resolution
Clerk's Official Copy
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Juan Carlos Bermudez
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RESOLUTION APPROVING A LETTER OF COMMITMENT AND A DEED OF CONSERVATION EASEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND MIAMI-DADE COUNTY RELATED TO A MITIGATION PROJECT, WHICH IS ESTIMATED TO COST APPROXIMATELY $1,226,000.00, ON COUNTY OWNED LANDS MANAGED BY AND THROUGH THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM AT THE PROPERTY KNOWN AS ALLIGATOR JOE�S LOCATED WEST OF U.S. 1, APPROXIMATELY 0.82 MILES SOUTH OF U.S. 1 AND CARD SOUND ROAD IN MIAMI-DADE COUNTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE LETTER OF COMMITMENT; AUTHORIZING THE COUNTY MAYOR TO EXECUTE THE DEED OF CONSERVATION EASEMENT ONLY AFTER CERTAIN CONDITIONS PRECEDENT; ESTABLISHING BOARD POLICY WITH RESPECT TO CONDITIONS AND PROTECTIONS FOR THE USE OF ENVIRONMENTALLY ENDANGERED LANDS AS OFF-SITE MITIGATION FOR COUNTY PROJECTS(Regulatory and Economic Resources)
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Adopted
Resolution R-708-23
Mover: Eileen Higgins
Seconder: Anthony Rodriguez
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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14A9
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231474
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Resolution
Clerk's Official Copy
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Kionne L. McGhee
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RESOLUTION APPROVING FIFTH AMENDMENT TO THE CONTRACT FOR SALE AND PURCHASE (�CONTRACT�) BETWEEN MIAMI-DADE COUNTY, AS SELLER, AND MIAMI-DADE STEEL, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS BUYER, FOR UP TO 123.03 ACRES OF VACANT COUNTY-OWNED LAND IDENTIFIED BY FOLIO NO. 30-7901-000-0095 AND A PORTION OF FOLIO NO. 30-7901-000-0120 AND LOCATED DIRECTLY NORTH OF THE HOMESTEAD AIR RESERVE BASE IN UNINCORPORATED MIAMI-DADE COUNTY TO: (1) PROVIDE COUNTY THE OPTION TO REDUCE THE SIZE OF THE PROPERTY TO BE SOLD BY UP TO 37.346 ACRES AND PURCHASE PRICE TO NO LESS THAN $14,080,767.00, (2) EXTEND CERTAIN OF BUYER�S DEADLINES, AND (3) ALLOW PRE-CONSTRUCTION SITE WORK; SUBJECT TO CONDITION PRECEDENT, AMENDING THE DECLARATION OF RESTRICTIONS TO REQUIRE THE BUYER TO LEASE AND ULTIMATELY SELL A PORTION OF THE PROPERTY TO A NOT-FOR-PROFIT ENTITY ENGAGED IN ECONOMIC DEVELOPMENT ACTIVITIES FOLLOWING COUNTY APPROVAL; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE FIFTH AMENDMENT TO THE CONTRACT AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN; AND WAIVING RESOLUTION NO. R-130-06 AND THE PROVISION OF IMPLEMENTING ORDER 8-4 REQUIRING THE EXECUTED CONTRACT TO BE PRESENTED TO THE BOARD
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Adopted
Resolution R-709-23
Mover: Sen. Rene Garcia
Seconder: Oliver G. Gilbert, III
Vote: 13 - 0
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REPORT:
County Attorney Geri Bonzon-Keenan announced that the agenda items subjected to the 4-Day Rule needed separate votes.
Commissioner Garcia voiced his concerns regarding the late submittal of the item.
Assistant County Attorney (ACA) Monica Rizzo stated the buyers needed extensions to move forward in the process, and to ensure that the buyers met the contractual requirements. She noted that this item had built in timeframe to allow the County to do its due diligence in deciding whether to sell the 37 acres, or hold it for other economic development opportunities.
Commissioner Garcia thanked ACA Rizzo, and noted that items like this resolution should be expedited for future meetings.
There being no further discussion, the Board proceed to vote on the foregoing resolution as presented.
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15
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CLERK OF THE BOARD
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15B
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REPORTS
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15B1
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231364
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Report
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PROPOSED PUBLIC HEARING DATES FOR ORDINANCES SUBMITTED FOR FIRST READING ON JULY 18, 2023(Clerk of the Board)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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REPORT:
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15B2
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231365
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Report
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APPROVAL OF THE CLERK�S SUMMARY OF MINUTES FOR THE FOLLOWING MIAMI-DADE BOARD OF COUNTY COMMISSIONERS MEETINGS [AVAILABLE FOR REVIEW IN THE OFFICE OF THE CLERK OF THE BOARD DIVISION]:
� SEPTEMBER 20, 2022 (2ND BUDGET HEARING)(Clerk of the Board)
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Approved
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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15B3
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231384
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Report
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REPORT ON MANDATORY SEXUAL HARASSMENT PREVENTION TRAINING OF COUNTY ADVISORY BOARD MEMBERS REPORT - 2ND QUARTER THROUGH JUNE 20, 2023(Clerk of the Board)
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Accepted
Report
Mover: Anthony Rodriguez
Seconder: Keon Hardemon
Vote: 13 - 0
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15C
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COUNTY ADVISORY BOARD APPOINTMENTS
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15C1
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231516
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Report
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APPOINTMENT OF GARY E. CARDENAS TO THE MILITARY AFFAIRS BOARD
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Approved
Report
Mover: Oliver G. Gilbert, III
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Gonzalez
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REPORT:
The Board of County Commissioners accepted the foregoing appointment of Mr. Gary E. Cardenas as read into the record by Commissioner Garcia.
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15C2
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231517
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Report
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APPOINTMENT OF DR. ROBERT MALONE JR. TO THE BLACK AFFAIRS ADVISORY BOARD
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Approved
Report
Mover: Oliver G. Gilbert, III
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Gonzalez
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REPORT:
The Board of County Commissioners accepted the foregoing appointment of Mr. Robert Malone Jr. as read into the record by Commissioner Garcia.
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15C3
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231518
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Report
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RE-APPOINTMENT OF LYNARE ROBBINS TO THE INTERNATIONAL TRADE CONSORTIUM BOARD (ITC)
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Approved
Report
Mover: Oliver G. Gilbert, III
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Gonzalez
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REPORT:
The Board of County Commissioners accepted the foregoing appointment of Ms. Lynare Robbins as read into the record by Commissioner Higgins.
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15C4
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231519
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Report
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APPOINTMENT OF GONZALOS IMBARRA TO THE PLANNING ADVISORY BOARD
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Approved
Report
Mover: Oliver G. Gilbert, III
Seconder: Juan Carlos Bermudez
Vote: 12 - 0
Absent: Bermudez
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REPORT:
The Board of County Commissioners accepted the foregoing appointment of Mr. Gonzalos Imbarra as read into the record by Commissioner McGhee.
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15D
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COUNTY ADVISORY BOARD APPOINTMENTS BY BALLOT
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15E
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MAYOR�S REQUEST FOR ALLOCATIONS FROM DISCRETIONARY OR IN-KIND RESERVE FUNDS
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15F
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NON-AGENDA REPORT ITEM(S)
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15F1
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231504
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Resolution
Clerk's Official Copy
|
Eileen Higgins
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RESOLUTION RESCINDING RESOLUTION NO. R-1255-19, WHICH DIRECTED THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PREPARE A REPORT PRIORITIZING AND IDENTIFYING LOCATIONS IN MIAMI-DADE COUNTY FOR INSTALLATION OF PEDESTRIAN CROSSWALK FEATURES, IDENTIFYING FUNDING SOURCES, AND SETTING FORTH PROPOSED TIMEFRAMES FOR SCHEDULE, AND TO PROVIDE REPORTS
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Adopted
Resolution R-710-23
Mover: Eileen Higgins
Seconder: Oliver G. Gilbert, III
Vote: 13 - 0
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REPORT:
Commissioner Higgins stated the Transportation Planning Organization (TPO) fulfilled her requests, thus the previous directive was no longer needed.
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15F2
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231511
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Report
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MOTION BY CHAIRMAN GILBERT III PURSUANT TO RULE 5.06 (A) 4
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Approved
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REPORT:
Assistant County Attorney Annery Pulgar Alfonso read the following into the record: Pursuant to Rule 5.06 (A)(4) of the Board of County Commissioners Rules of Procedure, Chairman Gilbert III wished to extend, indefinitely, the approval period for all legislative requests made by himself which were eligible for an extension.
This motion was moved by Commissioner Regalado, and seconded by Chairman Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
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15F3
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231513
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Report
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MOTION BY COMMISSIONER BASTIEN PURSUANT TO RULE 5.06 (A) 4
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Approved
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REPORT:
Assistant County Attorney Annery Pulgar Alfonso read the following into the record: Pursuant to rule 5.06 (A)(4) of the Board of County Commissioners Rules of Procedure, Commissioner Bastien wished to extend, indefinitely, the approval period for all legislative requests made by herself which were eligible for an extension.
This motion was moved by Commissioner Regalado and seconded by Chairman Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
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15F4
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231514
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Report
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MOTION BY COMMISSIONER REGALADO PURSUANT TO RULE 5.06 (A) 4
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Approved
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REPORT:
Assistant County Attorney (ACA) Annery Pulgar Alfonso announced that Commissioner Regalado moved, pursuant to rule 5.06 (A)(4) of the Board of County Commissioners� Rules of Procedure, to extend, indefinitely, the approval period for all legislative requests made by herself which were eligible for an extension. This was seconded by Chairman Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
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15F5
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231515
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Report
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MOTION BY COMMISSIONER MCGHEE PURSUANT TO RULE 5.06 (A) 4
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Approved
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REPORT:
Assistant County Attorney (ACA) Annery Pulgar Alfonso announced that Commissioner McGhee made a motion , pursuant to rule 5.06 (A)(4) of the Board of County Commissioners� Rules of Procedure, to extend, indefinitely, the approval period for all legislative requests made by himself which were eligible for an extension.
This was moved by Commissioner Regalado and seconded by Chairman Gilbert III, and upon being put to a vote, passed by a vote of 13-0.
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15G
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VILOMAH AWARDS
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15G1
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231363
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Report
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ANNOUNCEMENT OF VILOMAH AWARD RECIPIENTS(Clerk of the Board)
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Presented
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REPORT:
Clerk of the Board Director, Basia Pruna, read the intent of the award, and the names of the three recipients of the Vilomah Awards into the record. She announced that Commissioner McGhee nominated Ms. Rhonda Richardson, and Commissioner Cohen Higgins nominated Mr. Charles Latshaw and Ms. Donna Latshaw.
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16
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ITEMS SCHEDULED FOR THURSDAY
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16A
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ZONING AGENDA (Scheduled for 9:30 a. m.)
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19
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ADJOURNMENT
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REPORT:
There being no other business to come before the Board of County Commissioners, the meeting adjourned at 2:25 pm.
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3
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CONSENT AGENDA
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| 12/31/2025 |
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Agenda Key: 4971 |