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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
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1B
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ROLL CALL
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REPORT:
Chairman Rodriguez convened the Board of County Commissioners (Board) joint public meeting between Miami-Dade County and the City of Hialeah at 11:10 a.m.
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Roll Call by County Clerk for Board of County Commissioners of Miami-Dade County
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REPORT:
In addition to the Board and Mayor Daniella Levine Cava, the following staff members were present:
~ County Attorney (CA) Geri Bonzon-Keenan;
~ Mr. Roy Coley, Chief Utilities and Regulatory Services Officer, Office of the Mayor;
~ Deputy Clerks Basia Pruna, Kerry Khunjar Breakenridge, and Bryce Stephenson Pickett.
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Roll Call by City of Hialeah Clerk for Hialeah City Council
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REPORT:
City of Hialeah (City) Clerk, Marbelys Fatjo, called roll for the City Council members and the following members were present for quorum:
~ City Mayor Esteban Bovo, appeared via Zoom;
~ Ms. Jacqueline Garcia-Roves �City Council Group III and City Council President;
~ Mr. Carl Zogby - City Council Group V;
~ Ms. Melinda De La Vega - City Council Group VI; and
~ Ms. Monica Perez - City Council Group I
Council Members Jesus Tundidor (City Council Group II) and Juan Junco arrived at 11:17 a.m. and 11:21 a.m. respectively..
In addition to the City Council members, the following City staff members were present:
~ Ms. Brigette Leal, Deputy City Clerk;
~ Mr. Rafael Suarez-Rivas, City Attorney;
~ Ms. Barbara Govea, Deputy City Attorney
~ Ms. Payton Poliakoff, Assistant City Attorney;
~ Ms. Karina Aragon, City Executive Legal Assistant;
~ Mr. Kevin Lynskey, City Public Works Director;
~ Mr. Alex Medina, Engineer, City Department of Public Works;
~ Mr. Karl Holzenberg, Division Director, City Public Works Department - Finance and Budget;
~ Mr. Oscar Vasquez, Deputy Director, City Public Works Department;
~ Mr. Ismare Monreal, City Chief Operating Officer;
~ Ms. Ruth Rubi, Executive Director, City Finance Management; and
~ Ms. Gina Romero, City Division Director of Media.
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1C
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PLEDGE OF ALLEGIANCE
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1D
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STATEMENT OF THE ISSUES
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REPORT:
CA Bonzon-Keenan read the County�s position statement into the record highlighting that this joint public meeting was related to the conflict resolution proceedings between the City and Miami-Dade County initiated against one another regarding amounts billed to the City by the County for sewage services. She noted that the amount in dispute was $17.8 million, and advised that Florida Law required that the City and the Board to hold a joint meeting.
CA Bonzon-Keenan stated that in this meeting the governing bodies were required to consider the statement of issues, seek an agreement, and schedule additional meetings of the entities in conflict, or their designees to continue to seek resolution of the conflict. She stated that Miami-Dade County, through its Water and Sewer Department (WASD), provided wholesale sewer service to the City. In exchange for accepting and processing the City�s wastewater, the County would bill the City for these services on a monthly basis. CA Bonzon-Keenan advised that the City had not paid the County the full amount billed for the period between Fiscal Year (FY) 2020-2021 and FY 2022-2023 and noted that the outstanding balance was approximately $17.8 million. She advised that the amount was not fully paid because the City contended that the County�s meters at the City�s Pump Station were the incorrect technology resulting in inaccurate readings and over-billing under the Parties� Wholesale Sewer Service Agreement. CA Bonzon-Keenan noted that in contrast, the County contended that its meter at PS 200 was accurate and adequate, and demanded payment in full for the outstanding balance.
CA Bonzon-Keenan explained that the City and the County had been attempting in good faith and in accordance with the provisions of Florida Statutes (FS) Chapter 164 to resolve the conflict between the parties since December 13, 2024. She clarified that such negotiations had not been successful to date, and had included the initiation of conflict resolution proceedings pursuant to F.S. Section 164.1052, and participation in Conflict Assessment Meetings as required by F.S. Section 164.1053.
CA Bonzon-Keenan noted both parties were required to engage in a joint public meeting under F.S. Section 164.1055 and stated that if a conceptual agreement to resolve the conflict resolution proceedings was reached today, resolutions will be prepared for approval by the Board and the City at the next available regular meeting of the Board and the City, respectively.
CA Bonzon-Keenan noted that if a conceptual agreement was not reached at the joint public meeting, a vote would be taken to either (a) conduct additional joint public meetings; or (b) schedule mediation between County and City designees.
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250709
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Special Item
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ACKNOWLEDGEMENT OF THE JOINT STATEMENT OF THE ISSUES (ATTACHED TO THIS AGENDA) RELATED TO THE CONFLICT RESOLUTION PROCEEDINGS INITIATED BY BOTH THE CITY OF HIALEAH PURSUANT TO CITY RESOLUTION NO. 2024-398 AND MIAMI-DADE COUNTY PURSUANT TO RESOLUTION NO. R-5-25
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1E
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REASONABLE OPPORTUNITY FOR THE PUBLIC TO BE HEARD AS PROVIDED IN RULE 6.06
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REPORT:
Chairman Rodriguez opened the reasonable opportunity to be heard; and seeing no one appear wishing to speak, closed the reasonable opportunity to be heard.
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2
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DISCUSSION AND CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS AND HIALEAH CITY COUNCIL
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2A
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250710
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Presentation
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CONSIDERATION OF THE STATEMENT OF ISSUES BY THE BOARD OF COUNTY COMMISSIONERS AND HIALEAH CITY COUNCIL
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Presented
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2B
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250711
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Discussion Item
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DISCUSSION OF ANY RESOLUTION OF THE DISPUTE
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Presented
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2C
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250726
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Resolution
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Sen. Rene Garcia
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RESOLUTION APPROVING A TOLLING AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF HIALEAH AS TO ALL CLAIMS EITHER PARTY MAY HAVE AGAINST THE OTHER RELATED TO: (1) THE OUTSTANDING UNPAID WHOLESALE SEWER BILLS OWED BY THE CITY TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT, AND (2) THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE JOINTLY OWNED REVERSE OSMOSIS WATER TREATMENT PLANT; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SUCH AGREEMENT ON BEHALF OF MIAMI-DADE COUNTY AND TO EXERCISE THE PROVISIONS CONTAINED THEREIN(Water & Sewer Department)
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Adopted
Resolution R-384-25
Mover: Eileen Higgins
Seconder: Sen. Rene Garcia
Vote: 13 - 0
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REPORT:
Mr. Roy Coley presented the County's position, reviewing the wholesale agreement, the Hialeah wastewater points of connection, payment history, and the City's actions, and responding to three allegations the City had raised regarding the contested amount, the metering technology, and the handling of data. He addressed the relevant meters, including Meter P-72 at Hialeah Pump Station 200 and the P-62 Hialeah Gardens deduct meter, and referenced the Department's installation, maintenance, inspection, and preventative maintenance records along with an independent meter verification.
Mr. Coley maintained that the County's pumps functioned properly and that the County was owed the $17.8 million originally billed to the City.
Mr. Kevin Lynskey presented the City's position, arguing that meter reading and billing issues at WASD were not uncommon, that the meter technology at Pump Station 200 was inaccurate and had not been replaced, and that an independent industry expert had confirmed a faulty meter set-up. He contended that internal and external engineering estimates supported the City's reading of the flow data and that flawed operational assumptions tied to Pump Station 418 had forced Hialeah to carry Hialeah Gardens flow. Mr. Lynskey stated that the City believed it had solid evidence the County's pump station was malfunctioning and urged a significant reduction of the $17.8 million bill.
City Mayor Esteban Bovo stated that he was unfamiliar with the prior City administration's agreements with the County but wanted the billing issue resolved before moving forward. He raised concerns about the pump station discrepancies and email correspondence suggesting potential overbilling, and urged a significant reduction.
Commissioner Regalado requested clarification regarding the City's claims about the pumps pulling air and other malfunctions.
Mr. Coley reported that a third-party expert had confirmed the pump operated functionally and had concluded that any air pulled at the meter was not sufficient to cause a miscalculation and was already accounted for in the previously agreed deduction. He added that any negligent air would benefit the City by increasing its reduction.
Commissioner Regalado observed that the existence of an email did not validate its contents and that the matter was a legal one for the courts.
Senator Garcia expressed concern that the dispute had continued too long and could eventually affect taxpayers, and asked who had inspected the pump station.
Mr. Coley stated that the pump's manufacturer had sent the expert.
Senator Garcia voiced discomfort with the manufacturer providing the inspector and requested that an unaffiliated company conduct future testing, then asked Mr. Lynskey to respond.
Mr. Lynskey stated that the City never received the expert's findings and pointed to email correspondence in which a Department staffer acknowledged the pump station was malfunctioning.
Commissioner Gilbert III asked about the remedial measures in the agreement.
Mr. Coley cited Sections 15 and 16, noted that both entities had the ability to audit the pump station, and stated that the City had neither shared its findings nor pursued an audit.
Mr. Lynskey responded that an audit would have required recalibration but would not have addressed the finalized bill, and clarified that the City disputed the bill amount rather than the calibration.
Commissioner Gilbert III questioned the City's position, stated the hearing was premature until all contractual options were exhausted, and suggested the Board require the City to obtain independent testing and reach a resolution or proceed to court.
Mr. Coley proposed using a third-party mediator.
Commissioner Cohen Higgins asked which party had initiated the Chapter 164 proceedings.
Mr. Lynskey stated both had, and Mr. Coley clarified that the City had instituted the proceeding in response to a County letter regarding the finalized bill.
Commissioner Cohen Higgins disagreed that a single line in an email could absolve the City of its contractual obligation, warned of the precedent it would set, and moved to direct both parties to a third-party mediator.
Commissioner Regalado addressed the funding constraints, explaining that the City would need to prove wrongful overbilling to receive a credit, that Water and Sewer bond funds could not be used to benefit other water systems, and that any credit would come from the County's General Fund. She raised the possibility of the City selling its system to the County in light of the pending discontinuation of the surtax and increasing State regulation, including concerns about per- and polyfluoroalkyl (PFASs) substances in the water supply.
Assistant City Attorney Payton Poliakoff clarified that the City had in fact retained a third-party inspector whose analysis was submitted to the County, and that the entities had historically met informally and resolved disputes through credits.
Commissioner Gilbert III noted the apparent inconsistency with Mr. Lynskey's earlier statement and asked the amount the City believed was owed.
Mr. Lynskey confirmed an inspector had been used, stated the City sought a credit for fiscal years 2020 through 2023 rather than the full 2017 through 2023 period, and indicated the City had already paid roughly $50 million and should receive a $17.8 million credit.
Commissioner Gilbert III encouraged resolution through the courts.
Senator Garcia suggested that the selection of a third-party mediator approved by both entities be added as a provision to Commissioner Cohen Higgins's motion, and indicated he would second the motion with additional requests, including discussion of the reverse osmosis facility.
CA Bonzon-Keenan read Commissioner Cohen Higgins's motion into the record, which would declare an impasse at the joint public hearing, direct the County Mayor or Mayor's designee to coordinate with the County Attorney's Office to schedule the required mediation and take any other actions required under Chapter 164 of the Florida Statutes or other applicable law, and, if the matter was not resolved in mediation, direct the County Attorney's Office to pursue any actions necessary to collect the outstanding debt, including filing suit.
Senator Garcia emphasized the importance of including the reverse osmosis discussion in the mediation if the County intended to unify water services under a single rate structure for all County ratepayers.
Commissioner Cohen Higgins expressed support for the motion and agreed the osmosis plant discussion should be required, but urged that it proceed as a separate motion given its priority. She noted that the matter before the Board was the billing dispute and that the osmosis facility, while important, required more thought and preparation for a comprehensive discussion.
Senator Garcia concurred with separating the osmosis discussion from Commissioner Cohen Higgins's motion.
Commissioner Bermudez thanked all parties and requested that the County Attorney's Office outline the proper procedural steps and the possibility of a tolling agreement, noting that the billing dispute needed to be handled separately and that extending the time for a resolution could benefit both parties.
CA Bonzon-Keenan outlined the required process and explained that Chapter 164 proceedings required a declaration of impasse but that mediation had to be attempted first. She advised that mediation could take an extended period and that any resolution would require approval from both entities. She further explained that a tolling agreement would preserve time for mediation prior to litigation on the portion of charges approaching the end of the statute of limitations, and that the mediation and tolling agreement were correlated because they facilitated compliance with the State's statutory mediation requirements.
Commissioner Bermudez reviewed the Board's options, and asked the administration to confirm what the tolling agreement would include.
CA Bonzon-Keenan advised that the tolling agreement would provide additional time to resolve both the billing and reverse osmosis plant disputes.
Commissioner Bermudez expressed concern about the County's acquisition of the reverse osmosis facility and asked whether mediation could affect the Water and Sewer Department bond funds.
CA Bonzon-Keenan stated that certain bond covenants dictated how the administration provided and charged for services, and that the County and the City would need to reach consensus before considering how those bond funds could be used.
Commissioner Bermudez stressed the importance of presenting all feasible options to the Board and stated that he concurred with Commissioner Gilbert III. He asked that all tests, data, and documentation be made available during mediation before the matter returned to the Board, and that the administration provide details on the County's position, its success rate in litigation, and the potential use of bond funds. He reiterated his reservations about acquiring the reverse osmosis plant and stated that he did not believe the administration needed to create a single water system for the entire County.
City of Hialeah Councilman Jesus Tundidor asked how this dispute differed from earlier claims that had resulted in roughly a $10 million credit.
Mr. Coley explained that no clear error had been identified in this instance and that the City had not presented sufficient evidence of a County mistake, adding that nothing had changed except the administration.
Commissioner Bermudez amended the motion to require that any necessary testing occur before mediation so it could be considered by the mediator.
Commissioner Cohen Higgins accepted the friendly amendment and added that mediation commence and conclude within 90 days, with any lawsuit filed within two weeks afterward.
City Attorney Rafael Suarez-Rivas confirmed the City's agreement.
Commissioner Cohen Higgins moved to declare an impasse, direct the Mayor or designee to coordinate with the County Attorney's Office to schedule the required mediation and take any actions required under Chapter 164, and, if mediation failed, direct the County Attorney's Office to pursue collection of the outstanding debt, including litigation, with the required testing completed beforehand and the 90-day and two-week timeframes applied. This motion was seconded by Commissioner Steinberg, and upon being put to a vote, passed 13-0.
NOTE: The foregoing motion was memorialized under Agenda Item No. 15F1, Legislative File No. 250738.
The City recorded a 6-0 vote in favor, with Vice President Luis Rodriguez not among those voting. The motion was memorialized as Resolution No. R-377-25.
Senator Garcia moved to include the City of Hialeah reverse osmosis facility in the mediation discussions.
Commissioner Regalado cautioned that doing so could imply County responsibility for the facility's creation, which she considered improper.
Commissioner Higgins seconded the motion proffered by Senator Garcia, and upon being put to a vote, passed 12-1 (Commissioner Regalado voted �no�).
NOTE: The foregoing motion was memorialized under Agenda Item No. 15F2, Legislative File No. 250739.
The City recorded a 6-0 vote in favor, with Vice President Luis Rodriguez not among those voting.
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2D
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250714
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Discussion Item
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CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS AND CITY COUNCIL OF ANY PROPOSED MOTIONS FOR A CONCEPTUAL RESOLUTION OF THE CONFLICT RESOLUTION PROCEEDINGS, OR IF NO CONCEPTUAL RESOLUTION IS REACHED, THE GOVERNING BODIES ARE REQUIRED TO SCHEDULE MEDIATION TO BE CONDUCTED BY THEIR REPRESENTATIVES TO CONTINUE TO SEEK RESOLUTION OF THE CONFLICT
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Presented
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15F
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NON AGENDA ITEMS
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15F1
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250738
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Resolution
 Clerk's Official Copy
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Danielle Cohen Higgins
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RESOLUTION DECLARING AN IMPASSE AS TO THE SPECIAL JOINT MEETING; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO COORDINATE WITH THE COUNTY ATTORNEY�S OFFICE TO SCHEDULE MEDIATION WITH THE CITY OF HIALEAH PURSUANT TO THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES, AND TO COMPLETE THE MEDIATION WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS RESOLUTION; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO RETAIN AN INDEPENDENT EXPERT TO COMPLETE TESTING ON THE COUNTY�S METERS AT THE CITY OF HIALEAH�S PUMP STATION 200, PRIOR TO PARTICIPATING IN THE MEDIATION WITH THE CITY OF HIALEAH; AND DIRECTING THE COUNTY ATTORNEY�S OFFICE TO PROCEED WITH ANY ACTIONS NECESSARY TO COLLECT THE OUTSTANDING DEBT FROM THE CITY OF HIALEAH, INCLUDING FILING A LEGAL ACTION, WITHIN 14 DAYS OF COMPLETION OF THE MEDIATION, IF SUCH MEDIATION DOES NOT RESOLVE THE DISPUTE
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Adopted
Resolution R-377-25
Mover: Danielle Cohen Higgins
Seconder: Micky Steinberg
Vote: 13 - 0
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15F2
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250739
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Resolution
Clerk's Official Copy
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Sen. Rene Garcia
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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DISCUSS THE REVERSE OSMOSIS WATER TREATMENT PLANT DURING THE MEDIATION, PURSUANT TO CHAPTER 164, FLORIDA STATUTES, BETWEEN MIAMI-DADE COUNTY AND THE CITY OF HIALEAH CONCERNING THE CITY OF HIALEAH�S OUTSTANDING DEBT TO THE MIAMI-DADE WATER AND SEWER DEPARTMENT
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Adopted
Resolution R-378-25
Mover: Sen. Rene Garcia
Seconder: Eileen Higgins
Vote: 12 - 1
No: Regalado
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ADJOURNMENT
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REPORT:
There being no further business to come before the Board and the City, the Special meeting adjourned at 12:44 p.m.
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3A
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CONSENT AGENDA
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| 8/7/2026 |
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Agenda Key: 5248 |