Legislative Matter

Miami-Dade Legislative Item
File Number: 220226

Printable PDF Format

Clerk's Official Copy

File Number: 220226

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-268-22

Control: Board of County Commissioners

File Name: URGING TO OPEN BRIDGE ON NW 154 STREET OVER INTERSTATE-75

Introduced: 1/27/2022

Requester: NONE

Cost:

Final Action: 3/15/2022

Agenda Date: 3/15/2022

Agenda Item Number: 11A2

Notes:

Title:

RESOLUTION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) TO OPEN THE BRIDGE ON NW 154TH STREET OVER INTERSTATE-75 TO VEHICULAR TRAFFIC; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO (1) TAKE ALL ACTIONS NECESSARY TO OPEN THE BRIDGE ON NW 154TH STREET OVER INTERSTATE-75 TO VEHICULAR TRAFFIC, INCLUDING EXAMINING WHETHER ANY OF THE PERMITTING JURISDICTION PROVIDED BY COUNTY CODE COULD BE EXERCISED FOR SUCH PURPOSE, AND PARTNERING WITH FDOT AND OTHER APPROPRIATE OR NECESSARY AGENCIES; AND (2) TO PROVIDE REPORT

Indexes:

NONE

Sponsors:

Jose "Pepe" Diaz, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/15/2022	11A2	Adopted				P

Board of County Commissioners	3/1/2022	11A4	Deferred		3/15/2022		P
REPORT:	Commissioner Garcia thanked the residents for appearing and voicing their concerns. He commented on the divide created due to the issues at hand and spoke about the importance of opening the 170th Street bridge. Commissioner Garcia pointed out that the Town of Miami Lakes had opportunities to acquire and annex the area west of Interstate 75 (I75), and have access to I75, which did not occur. He stated that while he did not believe opening the bridge on NW 154th Street would alleviate the traffic congestion in the area, a comprehensive approach to resolving the issues in the Miami Lakes area was needed. Commissioner Garcia noted that the Board of County Commissioners (Board/BCC) and the Miami-Dade Transportation Planning Organization (TPO) had requested Florida Department of Transportation (FDOT) to perform a connectivity study for the affected areas, and contended the results of the study would provide the most comprehensive solution for the access issues to I75. He pointed out that both the City of Hialeah and the Town of Miami Lakes had requested the item be deferred to continue negotiations, and urged the Board to grant the requested deferral. He emphasized the Board’s goal was to bring relief to both areas through connectivity to I75 by opening the 170 bridge and either completely closing the 154th Street bridge or creating thresholds to be monitored by an independent third party. Chairman Diaz spoke about the numerous studies and analyses that had been performed to help develop a plan for the area. He pointed out that at least two (2) of the reports recommended the opening of both bridges. Chairman Diaz addressed comments made by speakers questioning the structural integrity of the bridge and emphasized that engineers had determined the bridge was able to serve the weight requirements. He stated that while everyone agreed that the 170th bridge needed to be opened, he recognized the City of Hialeah and the Town of Miami Lakes still needed to resolve the issues related to the 154th Street bridge. Chairman Diaz reasoned the 154th Street bridge should be released by the State to facilitate the needs of both municipalities, and spoke about his efforts to explore the option of opening “slip ramps” for better access to the bridge. Pursuant to Chairman Diaz’s request, Assistant County Attorney Annery Pulgar Alfonso announced the foregoing resolution would be amended to delete Section 3 of the enacting clauses of the resolution found on Typewritten Page 4, and to renumber the remaining sections and make conforming changes to the title of the resolution. Responding to request for clarification regarding the proffered amendment, Assistant County Attorney Pulgar Alfonso read Section 3 of the item into the record and explained the entire section would be deleted. Commissioner Garcia suggested the item be deferred to allow the municipalities additional time to resolve the issue. Vice Chairman Gilbert III, indicated his intent to support the will of the Board. He pointed out that in many cases a regional solution involved building bridges as part of larger systems and involved compromise. Vice Chairman Gilbert III requested the TPO be included in future meetings with the cities. Commissioner Sosa indicated her support for the item, as amended. She noted that she encountered similar resident objections to the opening of the 79th and 82nd Avenue bridges located in her commission district because of misinformation, and pointed out once the bridges were opened the community was pleased with the results. Commissioner Sosa spoke about creating an equitable solution for all involved and stated more dialogue was needed about connectivity. She indicated her intent to work with the County Attorney’s Office to draft legislation that would require a study be performed of all closed streets and bridges, and to analyze the effect of the closures on the surrounding communities. Commissioner Sosa concluded by noting the Board’s decisions were based on expert recommendations and not political opinions. Discussion ensued between Commissioner Higgins and Assistant County Attorney Pulgar Alfonso regarding Section 2 of the item, which urged FDOT to open the 154th Street bridge. Assistant County Attorney Pulgar Alfonso noted the proffered amendment would delete Section 3 in its entirety. Commissioner Higgins concurred with Commissioner Garcia that the item should be deferred to allow the municipalities time to meet. She stated that while she recognized the intent of the proffered amendment to advance the project, she believed more discussion should occur before any action was taken. Chairman Diaz explained the intent of the urging to FDOT was to ensure authority of the 154th Street bridge was transferred to the County. Assistant County Attorney Bruce Libhaber clarified that Chairman Diaz’s proffered amendment would also amend Section 2 of the item to urge FDOT to transfer authority of bridge to Miami-Dade County. Following the explanations provided by Chairman Diaz and Assistant County Attorney Libhaber regarding the urging to FDOT, Commissioner Higgins stated she would support the item, as amended. Mr. Jimmy Morales, Chief Operations Officer, Office of the Mayor, further clarified that ownership of the bridge was not in question. Commissioner Martinez asked which agency currently had the authority to open the 154th Street bridge and argued the deletion of Section 3 was inconsequential if the State of Florida possessed the authority for the bridge. Assistant County Attorney Pulgar Alfonso confirmed that the State of Florida had the authority to open the bridge and further explained that Section 3 of the item pertained to connecting the adjacent roads to the bridge. She advised that the County maintained traffic engineering and permitting jurisdiction of these connecting roads. Assistant County Attorney Libhaber advised the Board members that in the event FDOT opened the bridge without the connections to local roadways, the bridge would lead to a dead-end. Commissioner Martinez argued Section 2 of the item urged FDOT to “make any necessary improvements to the FDOT right-of-way to accomplish the opening of the bridge.” He acknowledged the complexity of the issue and indicated his support for deferring the item to allow the municipalities to meet. Commissioner Martinez reiterated the deletion of Section 3 was inconsequential. Commissioner Regalado requested clarification regarding the status of the litigation related to the County’s agreement with the Town of Miami Lakes regarding maintenance of the bridge, and whether the Board’s actions today (3/1) would affect the litigation. Assistant County Attorney Libhaber clarified that the pending lawsuit only pertained to the 170th Street bridge. He explained that the road transfer agreement being litigated was not related to the 154th Street bridge. Assistant County Attorney Libhaber pointed out that maintenance of the road was not being disputed but rather what constituted “traffic engineering.” Assistant County Attorney Libhaber advised the Board members that the County has maintained the position that the authority to open and/or close roads constitute “traffic engineering,” and as such this authority could not and/or was never transferred to the Town of Miami Lakes. He further stated that based on the County’s interpretation of “traffic engineering,” the right-of-way connections to the 170th Street bridge were not transferred therefore the County could proceed with the project. He assured the Board members that action on the foregoing item would not impact the litigation because the issues were unrelated. Discussion ensued between Commissioner Monestime and Assistant County Attorney Pulgar Alfonso regarding the State’s authority to open the bridge and whether a joint agreement by the impacted municipalities would impede the Board’s decision on opening of the 154th Street bridge. Commissioner Monestime stated that while he recognized Chairman Diaz’s intent to move the item forward, he believed the municipalities’ request for a deferral was reasonable and appropriate at this time. Chairman Diaz emphasized the importance of the State transferring authority of the bridge to the County and open discussions about slip-ramps. Commissioner Monestime suggested the item be further amended to provide the municipalities the option to present an alternative proposal to the Board for consideration. Chairman Diaz accepted the proffered amendment. Commissioner Higgins expressed her support for the foregoing item and pointed out that the municipalities were aware of the item on today’s (3/1) agenda. She spoke about the Board’s role and contended the bridge would increase connectivity and improve emergency response times. Commissioner Garcia reiterated his request for the item to be deferred citing concerns about possible litigation. Chairman Diaz voiced his frustrations regarding ongoing threats of litigation against the County. He cautioned the municipalities that the County would be hesitant to negotiate if any lawsuits were filed with relation to the 170th Avenue bridge. Chairman Diaz concurred that a deferral was needed to provide the parties time to attempt to resolve the matter. He requested staff begin the permitting process for the 170th Avenue bridge and moved to defer the foregoing resolution to the March 15, 2022 BCC meeting. Commissioner Sosa commented on the fiscal impact of litigations on the public. Commissioner Heyman apologized for her late arrival and asked whether she would be permitted to vote on the motion to defer in light of her absence from the Board’s discussion of the item. Assistant County Attorney Libhaber confirmed that Commissioner Heyman was permitted to vote on the deferral, and further noted that she would have also been able to vote on the substantive matter as well. Commissioner Sosa stated her intent to meet with the County Attorney’s Office for further clarification regarding the rules of procedure and whether Commissioners could vote on items if they were absent and unable to listen to the discussion. Hearing no further questions or comments, the Board voted to defer the foregoing item to the March 15, 2022 Board of County Commissioners (Board/BCC) meeting.

Transportation, Mobility, and Planning Cmte.	2/8/2022	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Commissioner Sosa spoke in support of the foregoing proposed resolution. She stated Miami-Dade County was more populated, and it was time to open all of the bridges that were closed. She noted she received feedback from the majority of area residents who were in support of opening the bridge. Commissioner Sosa referenced a letter from Mayor Esteban Bovo, City of Hialeah, who supported opening the bridge. Commissioner Regalado suggested the proposed resolution be amended to include the ramps to I-75. Commissioner Cohen Higgins stated she supported forwarding the foregoing proposed resolution to the Board of County Commissioners (Board) for further discussion. She expressed concerns about amending the foregoing resolution in the absence of the sponsor, Board Chairman Diaz, and recommended the item be moved forward to the Board without any amendments. Commissioner Heyman concurred with Commissioner Cohen Higgins’ recommendation, noting it would allow the opportunity to have the issue resolved before it was presented to the Board of County Commissioners. Commissioner Cohen Higgins expressed her support for allowing the Board to have a full discussion on this issue. Chairwoman Higgins concurred with Commissioner Cohen Higgins’ comments. She stated the Board should also discuss the openings and additions of on-ramps, and she suggested those issues should be discussed at the Transportation Planning Organization (TPO) meetings.

County Attorney	2/1/2022 3:17:01 PM		Referred	Transportation, Mobility, and Planning Cmte.		2/8/2022

County Attorney	1/27/2022		Assigned	Annery Pulgar Alfonso		2/2/2022

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION (�FDOT�) TO OPEN THE BRIDGE ON NW 154TH STREET OVER INTERSTATE-75 TO VEHICULAR TRAFFIC; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO (1) TAKE ALL ACTIONS NECESSARY TO OPEN THE BRIDGE ON NW 154TH STREET OVER INTERSTATE-75 TO VEHICULAR TRAFFIC, INCLUDING EXAMINING WHETHER ANY OF THE PERMITTING JURISDICTION PROVIDED BY COUNTY CODE COULD BE EXERCISED FOR SUCH PURPOSE, AND PARTNERING WITH FDOT AND OTHER APPROPRIATE OR NECESSARY AGENCIES; AND (2) TO PROVIDE REPORT

BODY
WHEREAS, a bridge, built by the Florida Department of Transportation (�FDOT�) in 1986, extends NW 154th Street�a two-lane street�over Interstate-75 (�I-75�); and
WHEREAS, NW 154th Street is closed to vehicular traffic just west of NW 89th Avenue before it passes over I-75; and
WHEREAS, development is increasing in the areas west and east of I-75 near NW 154th Street; and
WHEREAS, the bridge extending NW 154th Street over I-75 and its approaches are within FDOT�s jurisdiction; and
WHEREAS, consistent with and in furtherance of the County�s authority to develop, maintain, improve, and enforce a master plan for the control, regulation, and appropriate movement of traffic in both the incorporated and unincorporated areas thereof, section 2-100(a)(2) of the Code of Miami-Dade County, Florida (the �Code�), provides the Department of Transportation and Public Works or its successor department (the �Department�), with the authority, but not the obligation, to do any construction work on any roads or related facilities situated partially or entirely within the incorporated areas of the County, and with exclusive permitting jurisdiction over any such construction work; and
WHEREAS, section 2-103.1(b) of the Code additionally requires, with certain exceptions, a permit from the Department to do any construction work related to any utilities or public works on any arterial, collector, section line, or half-section line road, or on any other road, bridge, tunnel, canal, or related facility that is situated partially or entirely within the incorporated areas of the County, regardless of ownership, that the Department deems necessary for appropriate traffic movement on the County's roadway network; and
WHEREAS, opening the bridge extending NW 154th Street over I-75 may minimize traffic congestion and improve the flow of traffic, benefiting the increasing numbers of people who reside and work in the area,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated herein and are approved.
Section 2. This Board urges the Florida Department of Transportation (�FDOT�) to open the bridge on NW 154th Street over Interstate-75 to vehicular traffic and to make any necessary improvements to the FDOT right-of-way to accomplish the opening of the bridge.
Section 3. The County Mayor or County Mayor�s designee is directed to take all actions necessary to open the bridge on NW 154th Street over Interstate-75 to vehicular traffic, including but not limited to examining whether the County may exercise any of the permitting jurisdiction provided by sections 2-100(a)(2) and 2-103.1(b) of the Code for such purposes, and partnering with FDOT and other appropriate or necessary agencies to accomplish such opening.
Section 4. The County Mayor or County Mayor�s designee is directed to provide a status report to this Board, including any recommendations regarding actions that would impose a fiscal impact on the County, within 60 days of the effective date of this resolution and to place the completed report on an agenda of the full Board without committee review pursuant to Ordinance No. 14-65.
Section 5. The Clerk of this Board is directed to send a certified copy of this resolution to the Governor, the Chair and Members of the Miami-Dade State Legislative Delegation, and the Secretary of the Florida Department of Transportation.
Section 6. The County�s state lobbyists are directed to advocate for the actions described in section 2 above, and the Office of Intergovernmental Affairs is authorized and directed to amend the 2022 State Legislative Package to include this item and to include this item in the 2023 State Legislative Package when it is presented to the Board.