Miami-Dade Board of County Commissioners - Regular

>> test. >> test miami-dade. >> test, test . >> the meeting will begin shortly. >>. >> the meeting will begin shortly. . >> clerk's office has received memorandum senator garcia will be absent, >>commissioner bastien: >>commissioner bermudez: present. >>commissioner cohen higgins: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: here. >>commissioner milian orbis: present. >>commissioner regalado: present. >>commissioner steinberg: here. >>commissioner mcghee: >>chair: I am present. >> nine members present, we have a quorum. >>chair: show commissioner gilbert present as well. If you could quietly stand for the invocation given by shannon of the scholl bell harbor at the invitation of commissioner steinberg company this morning by bell harbor mayor solver so thank you for being here. Please bow your heads for an invocation. >> members of miami-dade county board of county commissioners and good morning to this very AUGUST assemblage. By divine providence our gathering today coincides with the first day of the hebrew month known as rosh hodesh tamush. it almost arrives with the warmth and intensity of summer, the sunshine's brighter and the heart becomes more powerful. While we often think of warmth as a source of comfort it also serves as a profound teacher. : causes things to become rigid. Warmth softens them. Pete allows materials to be shaved molded and transformed in the same is true of people and communities. In times of tension uncertainty and disagreement it is easy for a heart to become hardened and positions to become entrenched yet genuine progress emerges from rigidity. It is born from the warmth of understanding, willingness to ability to recognize the dignity and humanity of those whose perspectives MAY differ from our own. The sages teach the summer sun possesses a dual power. It can scorch but also ripen. The same heat that can dry the earth can produce growth sweetness and abundance. The difference lies in how that energy is directed. So to the passion and conviction and determination that drive public service can become sources of division or they can become forces that unite people around a common purpose. The responsibility belongs to us. This lesson can be meaningful for those entrusted with leadership. The strength of a community is not measured by the absence of difference, it is measured by the ability to transform those differences to cooperation, challenges and opportunities and diverse voices into a shared commitment to the common good. S this new month begins MAY we be blessed with the wisdom to lead, humility to learn and the courage to serve. It MAY miami-dade county be blessed with safety security prosperity and opportunity, health and hearing and MAY our law enforcement officers, emergency personnel, members of our armed forces and public servants be protected in their secret work and return safely home to their beloved ones and MAY this month bring blessings to miami-dade county, on neighborhood and all humanity and MAY we do our part to transform the warmth of the season into acts of understanding and service to others and let us all say amen. >>chair: thank you for those heartfelt words and thank you commissioner steinberg. If you can join me for the pledge. >> I pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation under GOD indivisible with liberty and justice for all. >>chair: you MAY be seated. All right, we have a long agenda this morning so get right into it. Thank you all, we have a packed house so thank you for being here. Not an attorney good morning. Is it appropriate for us to move into reasonable opportunity for the public to be heard? >> yes. >>chair: reasonable opportunity is now open. I will call your name, seeing I have several registered speak you have one minute to speak. I state the item on which you are speaking on, name and address and please be respectful of other people's time. I will start with, I'd also like to welcome some elected officials I know we have in the chamber today. I don't know if everyone is here but city of miami elected officials are here. I see pardo and ic rosado, thank you for being here with that if you could approach the well you're on my list to speak so pleased approached the well. Unfortunately you won't have any preference today in this chamber. So you'll have a minute to speak so please be respectful of other people's time, introduce yourself for those that don't know you even though everyone knows you more than you know us but go ahead. >> I'm district to commissioner for city of miami, thank you as well mayor and all the commission, I'm here in support of the mental health center and I like to see that past in our district and in the city this is an enormous problem. We had a resident caitlin destin that was badly beaten in front of the sas center. Many of you are familiar about mental health is on our streets every day and it is an enormous issue or law enforcement, elected those for our city so I ask you to support this item and have a different option or people that suffer from mental health and can get treatment, have a great day. >> good morning CHAIRMAN Rodriguez and all the commissioners. I am miguel arguello representing district 1 city of miami commissioner here very much in support of the littman center of the mental health facility. I took a tour a year ago and it impressed me how they had transformed the building to get ready for this and in my area on the seventh avenue corridor which I represent is very badly needed something like this is going to be helpful to alleviate the homeless situation we have going on on the seventh avenue corridor and in my districts in the city I am very much in support of this and thank you very much. >> thank you commissioner. >> good morning CHAIRMAN, ralph rosado, miami city commissioner for district 4 and chair of the downtown development authority homelessness is an issue that exists in every corner not only of our city but our beloved miami-dade county and it's concentrated in downtown miami which is the face of miami-dade to the world. We see it with fan fest and somebody activities that take place and it's what the world sees but more importantly there are a number of souls because the current system lets them down we are stuck in a vicious cycle that goes from mental illness resulting in homelessness, homelessness resulting in jail time, release resulting in relapse and relapse ultimately in many cases resulting in violence or worse and as commissioner pardo said we had a recent brutal attack, the kind of person that did the attached is somebody that have been and in and out of our jail, had kind of a person where the lightman center opened this probably wouldn't have taken place so I want to thank the CHAIRMAN Or putting in safeguards. And I strongly support on both on behalf of the dda and the commission which has supported this measure hope you move forward and get the center open. Claps good morning CHAIRMAN And commissioners. My name is josc sanchez, legal counsel for the office of commission. In a district one. I have been in the criminal justice system 41 years as a deputy clerk then as an attorney. The need for this center for mental health has been going on on unaddressed all this time. Judge lightman has been working on this project since 2000. Nd we need this hospital. The jails are not the solution to the mental health crisis. They don't have the resources or the ability to long term treat the mental patients and the root causes of their illnesses so I urge you to approve this resolution. And from the mental health project, thank you. >>chair: thank you so much, I will call several of you, lined up on each side of the center island approached the well, you have a minute, name and address rhea gerard vendor nouveau. Jason liberty. PRESIDENT And ceo of royal. [Reading names] All right. You all speaking together. All right, so who is it most that I just call right now. >> I don't think you call them. >> go ahead. >> great to see you as well and thank you MADAM Mayor. For those that don't newly though most of you do jason liberty, CHAIRMAN And chief executive officer of royal caribbean group on behalf of the florida caribbean cruise association and all our number lines and thank everybody for the opportunity for hearing this, so you know who's joining me we have representation from all the cruise lines, embassy cruises, carnival corporation and region includes ryan and course scca as well. Just a few words, for today we all know port of miami is a cruise capital of the world, it's among the many accolades that it has is being recognized for what is known as the carnival gateways for the americans. It's the busiest port in the state of florida for international cargo. Port of miami is the six most important economic driver, one of the states most important but will one day you one of the states most important driver that generates 6.4 billion in economic activity up from 41.4 billion 10 years ago rhea supports 340,000 jobs and represents 4% of florida's gdp and generates 2.2 billion a year in state and local taxes behind those numbers are real people whose livelihoods depend on the successful daily operation. There are 30,000 direct local jobs, cruise alone supports 45,000 jobs. Many more are tied to the people and businesses that move guests goods supplies commerce through the community every day. Also the port of miami moves our economy resulting in a ripple effect whether in hotel numbers booked flights taxes and drying chairs, buses and vans, restaurants filled, shops attractions concert venues and small businesses that are frequently visited. Access to fuel is obviously critical for us. The current and future position of our port is precarious reimport of miami depends on disciplined planning reliable infrastructure and the certainty of a port that can operate safely and efficiency. Reliable fuel access is a component of that, it's not optional, it's fundamental. Maintaining that ability protects the future of miami's economy. >>chair: I've allowed you the liberty. To continue giving that, I'm assuming everyone behind you is yielding their time. >> sorry about that, I will try to read faster. >> we need to find a pathway that solves fuel bunkering for the port of miami. No home port operates without fuel bunkering. The future of fisher islands fuel facility affects miami-dade's future economy from workers default small businesses to local families and we respectfully urge this commission to protect our future and thank you for your time and leadership. Thank you. >>chair: up next. I think there's more people standing than what I called. Pretty sure. Go ahead. >> I live at 8962 southwest 142nd avenue 1219. I happen to be privileged and honored to be one of two congressional candidates in this room, one of the dais and one at the podium. I'm here to speak on behalf of what was said about the fuel depot. The fuel depot is critical for our economy and the hundreds of thousands of jobs that derived from a good solid fuel provision for this big industry that drives so much. The lack of planning over decades has finally come to roost b& here to cast blame but I am here to say because you are in the seat, you are responsible for the here and now so I encourage you to take on your long-term planning responsibility and fix it. It's just how so I wish you all the wisdom in the world to do that and I'm here in favor of the mental health facility because here's an opportunity to look for long-term planning for what is needed in our community and that is people in the system already in a prearrest or postarrest to get the support they need. That is a cost savings and health savings for our community. Claps good morning MR. CHAIRMAN and honorable members of the county commission. My address is 10405 southwest 122nd street miami. Am PRESIDENT Of florida stevedore shipping company, companies operating for the past 65 years. We know the port of miami better than anybody in this room. We helped create this port and not only echoing MR. Liberty atement, the importance of this fuel farm to our cruise industry is unsurmountable. If they decide to paul all their vessels that home port in this port of ours because they can't get fuel, it's going to have a devastating negative effect on the economy. You know what the numbers are. Can you imagine miami international airport not having fuel for their jets? It would be devastating. So I ask you to do the right thing. Support the mayor who has a plan to purchase or get this land that whatever it takes and I ask you that on behalf of my company and all that stevedore companies, the longshoremen that derive their input from the activities at the port. Thank you very much. >> my name is dulce martinez, on the healthcare provider with over 30 years experience and author of a book called the benefits of insanity which is how the system fails those with severe mental illness and I'm also the daughter of a woman with schizophrenia. I know the system from every angle. As a child of the mentally ill parent, as an emergency worker and an intern in corrections I've seen firsthand how the system fails people, people with severe mental illness have a medical condition like alzheimer's or cerebral palsy. Most are nonviolent and don't belong in jail, they belong in treatment. It costs taxpayers more to incarcerate someone and it does to treat them. They leave sicker than when they went in yet that's not just for policy, locking up people is a disservice to taxpayers and it's a crime against humanity, one that needs to end today please vote yes on opening the center. Claps I am here representing the workforce ila from the port of miami. We have members here from both 1416 and 1922. We represent obviously all the work that gets done in the port of miami, 2500 families. You heard the numbers, you heard what happens if any cruise line leaves but our concern is the loss of work that translates into hours, hours turns into medical benefit loss for us and our families so that's the key for us as the longshoremen and the workforce. The way I see it, the fuel farms needs to remain at fisher island. It's the only way we will remain having a cruise and cargo companies that are in partnership with us right now. not only us but it affects thousands of people around the community. You might have 5 million members involved set somehow have a tie in the port of miami so one must shift is one too many. Represents millions of dollars, cruise and cargo so having any business leave is not what we want. We want to continue having the work we have and as a matter of fact we want to make sure port continues to grow and is stable for the future so we can have more work not less work we trust you, thank you very much chair, commissioners and not mayor. >>chair: thank you guys claps my name is solomon, I and a newly member of the taxi drivers association here today to please tell you to vote for item agi because it's very very important for cabdrivers. At this moment we have one in miami airport, just like you don't sense they came is a complex district but that's only the place we have two make a living for our family. Please vote yes for this item. Thank you very much and MAY GOD bless you. Claps good morning commissioners. My name is john armbruster, owner and PRESIDENT Of armbrust fuel incorporated read with our partner florida east coast railroad we have a plan to build a storage facility at the port of miami that will hold 350,000 barrels of marine diesel with dedicated pipelines to vessel bursts. This will allow a throughput of approximately 4 million gallons of marine diesel a week. That meets 16 million gallons a month which is far more than the average monthly consumption at the port of 14 million gallons. We are prepared to do this and we can start tomorrow without partner florida east coast railroad so we will bring green diesel to the port. Within possibly a year. So this discussion about 10 years to correct the problem quite frankly isn't factual. The other thing I would like to mention in terms of eminent domain with the transplanting facility is an environmental hazard. The facility is 75 years old. Hours will be state-of-the-art brand-new. Thank you sir. Claps idle cleveland, 5990 southwest. 50th street. There is a volunteer with people acting for community together in support of 1481 and as I was going through the agenda I realized we have a $380 million budget item for renovation in certain capital assets, 13,000,004 miami gardens redevelopment, purchase of the fisher island fuel facility $6 million for cadence for water and sewer, 15 million for microsoft services, 36 work tires and related services, to what million for anti-gun violence, jackson employee testing and we get to the mental health facility that gets me nervous. And all the things on their they are all important I'm sure but I hope and pray you have the wisdom and division to approve this resolution so we can offer hope to those members that need our help, thank you very much. Go ahead claps my name is alexander and MR. CHAIRMAN commissioners I live at 3432 southwest. Second street, I'm a resident and small business owner in miami and hundreds of residents wrote to me asking you one thing to open the health facility. On the corner of my business a mentally ill woman gets beaten and beaten again by another mentally ill homeless individual. Weeks ago on biscayne boulevard a woman walking her dog was stabbed and left partially blind by a violence mentally ill homeless man. We have nowhere to send them to jail and instead our jails become the largest psychiatric facility in florida, the most expensive failure possible. The fix is already built, voters approved it. He center of mental health and recovery is finished and it's empty since 2023. Oversight is the reason to run it will not to keep it from being locked. Vote yes for that today, they community is strongly engaging you to do so. Thank you very much. >>chair: I have. [Reading names] >> 1391 northwest. 95th street. For 23 years this mental health has been closed with nobody in it. We spend 5 million a year maintaining this building. That's $115 million. should have been going towards that and whoever maintained it you need to pull it because I see one security guard out there with you've got tiny employees from corrections could be monitoring that building and whoever cleaning it you've got people on staff. That money should be there. Not only that, if we are giving away land we should have been selling the land for millions of dollars to help that mental health. Hat's the problem, get with the developments, don't raise our tax. Yet with the developments in different cities to help GOD get this started. It can open in 30 days if you get with each agency in this county to make that a budget. Claps steve life minute 2900 ne. Seventh avenue. I want to thank all of you and I will even support. Claps good morning honorable CHAIRMAN, jeffrey negron, 645 southwest. 1/33 drive, pinecrest and I'm here with packed and I am speaking on behalf of of resolution 1481 and substitute bill. This is something that affects our entire community and to me personally. I have been treated for mental health issues. I've had family members who dealt with mental health issues and addiction issues and this is something that's sorely needed and needs to be opened immediately, thank you for your time. Claps 635 australia way. I'm in support of miami terminal operating company which represents most of the workers that joe was here with ila. As well as several of the shipping lines on the cargo side. We are here in support of the mayor's efforts for the eminent domain. And to right size the partial size that's there. I'd like to emphasize as joel mentioned one vessel missed is millions of dollars. And the proper fuel supply is not only for the passenger vessels. At times the cargo vessels take bunkers as well which most of them call the home port of south america which by removing the fuel or making it difficult to get a railroad or any other way that is easily received for their bunkers, bunker barges, I'd like to again support the mayor and her efforts in putting this resolution through claps good morning, thank you for hearing with us today, rabbi jessica jacobs from beth shalom and I want to once again share my support and my community support for the opening for the center for mental health and recovery. The rabbinic texts teaches us a prisoner cannot free themselves from prison, it teaches us this in the context of someone suffering from mental illness. Someone cannot treat themselves, it's our job to treat the most vulnerable so thank you for being in support of the opening for mental health and recovery, this is something our community so desperately needs. Claps good morning CHAIRMAN, mayor, commissioners, staff and all those who showed up today. To discuss this whole message about this mental health facility. >>chair: name and address. >> chaplain stanley young, prison and jail ministry 500 northwest. Second avenue. We need this facility open. E need it open now. We don't need to delay not one more minute. Of talking about this facility that needs to be open. I speak to mental health patients all week and I have no place to send them to get the help that they need. We need this facility to be open now. We don't need no more delay. We don't need no more whatever that's slowing down the process of getting this facility open. Open this facility now. Thank you, GOD bless. >> my name is mary lee betancourt, I'm a sexual assault nurse, taxpaying citizen and someone that's dealt with mental health issues and as an er nurse I know well what mental health looks like. This building while it MAY be nice as a jail diversion calling it mental health is not. All health is important, all of it is important. As I went through which I looked at and I saw what exactly was it we voted for in 2002, we voted for fixing our fire stations, fixing our police stations. And I did not see anything about this mental health building. i'd like to thank the commissioners that have taken the time and had the thought process to save how are we going to fund this and what is our action plan? S a nurse I understand how healthcare works. I noticed a lot of people came up and spoke about the young lady that was attacked. Here I have the record of the person that is accused. They circled through the criminal mental health system. The criminal mental health system didn't work for him and it didn't work for our victims. When we are thinking about something, let's make sure we are also thinking about public safety. Public safety so thank you, we need that data. I very much appreciate we came back and said let's get the data, see if we can fund this and see what we are funding as an operational plan. Thank you. Claps good morning CHAIRMAN. Commissioners, mayor and my name is sharon fraser stevens, six 516 northwest 12th avenue. I live by the historical wall liberty city housing community. This mental health facility as I was a little girl bagging groceries on seventh avenue at the winn-dixie, I don't know how many of you know about the winn-dixie, that's how me and my brothers made money to help my mom pay for school stuff. But walking by that facility was a great feeling nobody knowing that was the service they were providing in that facility and number two I'm here in support of the port of those gas containers in the port. Royal caribbean has always been my cruise line and I want to take a brick from all this chaos out here. Royal caribbean I choose and I'd like to see that longshoremen's working because I have family and I used to work in the restaurant downstairs so please thank you for your resolution and also support the mental health facility. There's too many people that I've never seen when I came here in miami and in 1963. It is getting worse and worse these people need help. Homelessness is a mental health issue because I helped some of them. >>chair: geneva clause and ron book, come up. Claps members of the commission 4000 hollywood boulevard suite seven s. Hollywood florida your on behalf of the homeless trust today to say the following, number one we support the item, number two we came to the table and we are asked to put skin in the game. The agenda item contains $1.1 million commitment which in large part is not only for services but for part of the overhead. We spoke to the CHAIRMAN Yesterday briefly about an issue we offered to put additional money on the table and offered to put 1,000,003 on the table in exchange for taking this sixth floor and operating the sixth floor as transitional housing. We remain committed at the germans substitute you put out late last night as that as an option if we can reach an agreement. Hat the chair specifically asked was he wanted to be sure the agreements we had negotiated with west care contain not just use of what we are taking in the building but contributed something to the overhead of the building as well. I told him we were prepared to have a discussion but felt the 1.3 on top of the 1.1 was in part if you will money towards the building itself so in total we are still prepared to commit not only the 1.1 in the item but the 1.3 in addition, MR. CHAIRMAN thank you so much and we are here to answer any questions. >>chair: thank you for that as well, that is all the speakers I have registered to speak under reasonable opportunity so therefore reasonable opportunity is now closed. That an attorney is in order to set the agenda at this time. >> we do have some changes, item 78, commissioners bermudez and bastien would like to discuss this item when it is called. 8j1 ask this item to the pole list. Eight a1 this item is added to your agenda and it should have been distributed with a copy left at the dais and CHAIRMAN Rodriguez is adding 8l1 to the pull list. 8o2, adding this item to the pull list. 8p3, commissioner tran seven abs this item to the pull list. 8p4, commissioner lowe hasn't regalado at this item to the pull list. 11a4, commissioners bermudez and bastien are adding this item to the pull list. 11a9 and 11a12, commissioner bermudez adding to the pull list, 14, commissioner cohen higgins is pulling this item. 14a2, this is an ordinance for first reading and I will read this with the other first readings but commissioner tran seven wishes to bifurcate the item when the item is called. 14a5, CHAIRMAN Rodriguez is pulling this item. 14b2, commissioner cohen higgins polls this item and 15b1, commissioner regalado is adding this item to the pull list. I have additional request for cosponsorship, 3a1, commissioner bermudez, 11a9 commissioner regalado and commissioners lopez bermudez and gilbert, all those are cosponsorship requests. And commissioner cohen higgins is pulling item 8p4. Items to be considered at today's meeting will be those listed in the final printed agenda with additions deferrals withdrawals and scriveners errors noted in the items I just mentioned. The commission will approve these items by a single vote setting the agenda except ordinances for first reading, public hearings ordinances set for second reading and following pull list items. 8j1, 8l1, 8p2, 8p4, 11a4, 11a9, 11a12 14a1 ended substitute, 14a2 and 14a3 our first reading items, 14a4, 14a5, 14b1, 14b2. A motion to set the agenda is in order. >>chair: moved by vice chair, second by commissioner lopez, all in favor of setting the agenda commissioner hardemon on the agenda. >>commissioner hardemon: I wanted to be clear, 381 is indefinitely effort. >> that will be deferred to know date certain. >>commissioner hardemon: and you also have withdrawn 5b. >>commissioner mcghee: wanted to make sure I am listed as a cosponsor for 14a1. >> I've received word commissioner greg alano would like to sponsor 14a1 ended substitute. >>chair: with that. >>commissioner regalado: I also requested cosponsorship of 14a1. >>chair: anyone else, with that falling in favor of setting the agenda signified by saying aye. Opposed, nate, show the agenda set. So we have a time certain as most of you noticed on two items. 8j1 and 14 a1. I will take up 8j1 which is our fuel farm item but before we egin I'd like to make a statement to lay out some groundwork for today's discussion. Here are a number of issues that require us to limit what it said publicly today. As we although we are making a decision today about entering into eminent domain litigation. We've already been sued by the fisher island condo association and fisher island club so we are in litigation about the acquisition and condemnation of the fuel farm property. He things said today could be detrimental to the counties interest in either piece of litigation and I'm going to cut off any discussion that could be harmful to the counties interests. And in addition is my understanding there MAY be land-use applications related to this property that this board MAY be called upon to decide in the future and in order to preserve the integrity of any decisions this board MAY be required to make in the future we will not be discussing the merits of or predictions regarding zoning decisions or applications related to this property. There are confidentiality provisions and public records exemptions in florida law that apply to mediation proceedings that took place and to real estate purchases. I counties negotiations with the property owner are subject to confidentiality so we will not be discussing the terms or negotiations that took place over the last several months and to the extent you have concerns about any of this litigation or issues related to the property have conversations with our attorneys office privately and directly. Does everybody understand what I read because again we are in current litigation and the it is expected we MAY enter additional litigation anything we say can be used against us and I will be interrupting any discussion of that sort to protect not just this body but miami-dade county and its residents, commissioner regalado. >>commissioner regalado: I appreciate that and I signed an nda before I read the documents and met with a mediator but I think there are basic questions we can ask do not inhibit our litigation. My concern is I understand we want to protect the counties future interest but there is a chilling effect. We do also have the right to ask questions of staff and ensure what is being brought to us today is the best path forward. >> absolutely. You've been doing this long enough, you know what could hurt us in litigation and what won't so let's keep that in mind as we discussed this but I'm sure we will have plenty of discussion but with that I will call the item officially, 8j1. I can start. >>commissioner cohen higgins: through the chair. >>chair: yes not a mayor. >>mayor cava: I can start. >>chair: you are welcome to lead. >>mayor cava: first I'd like to acknowledge the many people who come here to this item today and in support of this item, the cruise and cargo operations and to our employees. I also want to acknowledge this has been a jumble to us few weeks for all of us. I'm pleased to see the entire port community has come together around this item from our cruise lines to our cargo and labor partners and we are united in seeking a solution. In OCTOBER of last year this board directed this administration to negotiate with the owner of the fuel facility property on fisher island and if negotiations fail the administration was authorized to initiate an eminent domain suit. Two weeks ago I announced I had visit been presented with the final terms of the deal and I found them unacceptable. While the deal has merits including the county would hold the assets outright and the deal would have paid for itself over time with new revenues ultimately the price tag was too high and since then my administration has been working with the county attorney's office to initiate an eminent domain proceeding and we moved quickly and decisively to ensure the ports fuel supply is protected. So today's item is a cleanup item for the resolution authorizing eminent domain. Since the resolution is filed as part of the legal proceedings it's critical that it accurately reflects parcels to be acquired. Authorizing resolution also includes additional analysis supporting the public necessity of the taking. My decision was not made lightly. The path comes with risk but we will not allow this community to be held hostage and we will do whatever it takes to ensure the fuel continues to flow at port miami. Ask for your support today in protecting this vital economic engine. >>chair: commissioner gilbert would you like to say something now or go to the podium. >>commissioner gilbert: I will say this now and hear the comments from my colleagues and go into the item but I want to say this in the beginning. I told you all we would be here doing this. I told you all we would be here doing this and it would be more expensive, a much more expensive conversation. It was nonsensical to believe that we shouldn't have negotiated with the people who own the property, first the people lying the property. So now when they make expectations across, we can call it unfortunate. We can't call it unforeseeable. Because it was not just for saw, it was foretold. So yes, there have been, this has been tumultuous mayor, there's been mistakes but ultimately when this board decided to negotiate with the buyer instead of the seller, we made a mistake. I look forward to hearing from my colleagues. >>chair: commissioner from district age, you are recognized. >>commissioner cohen higgins: I am in support of item 8j1, I have an item, the spirit of the amendment is this, understanding the level of contention and anticipating that contention will continue having the greatest confidence in our county attorney's office and understanding all parties involved happened to be some of the most wealthiest residents of miami-dade county I would like to equip our county attorney's office with as much support as possible make sure as much as we can that we offer them the support they need to successfully litigate this eminent domain proceeding on behalf of the county so if attorneys and read the amendment please, to 8j1. >> commissioner cohen higgins amends item 8j1 to authorize the county attorney to select outside counsel to provide legal expertise and assistance in the supportive roles of the county attorney's office regarding the acquisition of the subject property via eminent domain and waives conflicts consistent with board policy for waiving conflict for outside bond counsel. The attorney will brief commissioners as needed regarding this matter funding for compensating the outside counsel will be subject to confirmation by the office of management and budget of legally available funding. >>chair: so it's a friendly amendment and for procedurally are you moving the item as well? So it's been moved as amended, second by commissioner cohen higgins and I have commissioner from district 7, you are recognized. >>commissioner regalado: there are a lot of things we can talk about that do not impact the counties position. This board time and again whether it's a comp plan item or a simple resolution has a tendency to question administration even when they are being authorized to change a scriveners error. Yet on this issue and an issue we all agree on is important, everyone in this room, everyone in this community believes fuel for port miami is important. The question of how we get there we have almost no information. We have to fight to get information and we are not given complete information. So I find it fascinating that in instances that have been so chaotic in a situation where the people that we are negotiating this are no longer employed by miami-dade county we are asked to blindly trust the administration when making this decision. I signed an nda, I looked at what was provided to me, not everything was provided to me. I made requests to meet with people. I was not allowed to meet with everyone. I met with a mediator, I wish you all would meet with a mediator. I requested a shade meeting and I requested the mediators present at a shade meeting, we could do that mediation because we have the fisher island litigation. I requested litigation that would come as a result of this and requested the current state of the law in terms of taking in pricing and requested information on the permitting timelines. There is a series of things that are not being considered. We are being told there is a crisis in the only path forward is to purchase fisher. there has been no discussion of the $79 million investment that miami-dade county made along with the federal government or the fec rail line. There is no discussion of the current negotiations the county has with svc to do an inland port and how those negotiations would open up space on port miami. There is no discussion of how senate bill 1629 which goes into effect JULY 1 and was signed by the governor APRIL 23 will impact shore power and the winding down of shore power. There is no conversation about how that will change the dynamic at the port. There is no conversation about fcc's desire as was mentioned here to put a fuel facility on the port. There is no consideration of the impact the little river station approved by this board and the location of msc outside of the port has on the master plan and how that rail line and station that was brought by commissioner hardemon could potentially help others on the board to co-locate outside of dodge island. There's been no conversation on how msc moving there would change the footprint port. There's been no side-by-side comparison of long-term cost and what we are purchasing. There's been little to no information from trans fontaine as to the fuel facility and its current situation. There is no details on the long-term cost of updating the fisher island fuel facility and current sites and how the current site is not in compliance with current standards. There's been no discussion of the environmental risk associated with the barging practice is outdated circa 1950 and impacts everyone that lives around dodge island. There's been no discussion of funding. We've alluded to reserves in the past but we haven't spoken if funding for this taking will come from reserves bonds or a tariff there's been no discussion about permitting and what is currently available to us. We all want a long-term plan. My fear is first we are making this decision without enough information. Hat this will be another situation similar to the westchester station and we get a bill afterwards. We could negotiate more time for this fuel facility and find another alternative. From the inception the folks that were negotiating this did not want to consider that, those folks are no longer at the table. I ask you to please allow us to go back to the table and have a real conversation about other placement before we move forward with eminent domain. The taking of personal probably ed is not a small thing to be and it will be expensive and it is a dangerous precedent. This board has not received enough information to make this decision. We have not been given access to all the details. The CHAIRMAN Negotiated it, some of us signed an nda, some of us have not, there has not been a determination of impact. This is a decision that will impact this county for the next 50 years and it should not be made lightly. Every time we spend crisis here we run into a burning building without getting all the facts and I ask you all please at a minimum of a shade meeting or have everyone meet with the mediator and consider other options before we move forward with eminent domain. >>chair: commissioner from district 5, it was going to be you but commissioner from district 11 you are recognized. >>commissioner gonzalez: I am not and I told you so kind of person but oliver is and I do remember that meeting. Very very clearly. And I do remember you saying that. And I do remember us having an entire conversation on that. And although it's easy to play monday morning quarterback now we are near and what are we going to do to move forward? I do have questions to lay the foundation as to how we got here and I know that the administration is ready to answer these questions. But I think it's important to understand how we got here so we can get to the proper solution and really understand what the next move should could not would be. O to the administration, what is the exact date the property was listed for sale? I don't know if this is better for MR. Coley or the director of the port but can somebody answer the question? >> I don't have the day it was first listed for sale commissioner. What we have is the information that some say the court knew the property was for sale or should have known the property was for sale but what I can tell you is the moment the mayor found out the property was for sale it was already too late for her to stop if. >>commissioner gonzalez: around what date was that? >> you got a date? >> through the chair MR. Commissioner from what we understand it was APRIL 2024 as far as when the port was notified. >> this is when the port was notified. >> not officially notified, through the media. >>commissioner gonzalez: where they notified or not? >> that's when we ended up getting notified enable 24. >> sports administration, yes, sir. >>commissioner gonzalez: when did closing occur on the property? When did the closing occur on the property? >> OCTOBER 2025, commissioner. >>commissioner gonzalez: OCTOBER 2025. Did the county submit an offer prior to OCTOBER 2025? >> no MR. Commissioner. >> before you answer this the county attorneys can we get into why didn't we submit an offer? >> you MAY commissioner. >>commissioner gonzalez: why didn't we submit an offer. >> this property has changed hands six times, it's always been a fuel supply. I think the staff assumed it would always be and just failed to notify the mayor that this possibility was out there and didn't act on it, assuming it would always be a fuel supply as it's changed hands six times in the past. >> in the past it had been sold and bought. >> we have a record of six final james changes from the time they sold it to various people and then acquired and sold for it. >>commissioner gonzalez: thank you chief, was the possibility of eminent domain contemplated prior to the purchase and if it was why did the county not proceed with eminent domain at this time? I'm specifically trying to get to if eminent domain made sense prior to our SEPTEMBER 18, 2025 special meeting and why didn't the restriction come to the board at that time seeking to institute eminent domain proceedings prior to the SEPTEMBER 30 closing on the property? >> the administration did not know this property was going to be proposed to close as a fuel station until then and when this board authorized the administration to negotiate the administration spent nine months trying to negotiate this deal that she canceled and puts us back where we are now. This board directed the administration to negotiate to go to eminent domain so we were already authorized to go to eminent domain. What we're doing here is clarifying the description and clarifying and it's a smaller amount of property than the first legal description you approved for eminent domain to authorize us to go for the smaller property. >>commissioner gonzalez: thank you chief and that was my next question. If you could get and clarify them once more. We gave the administration authority to proceed with eminent domain should negotiations not work. So why do we have this before us today. We're saying move forward with eminent domain, if you could explain it. >> the legal description included an adjoining folio that does not need to be eminent domain and this corrects that and brings it to the exact piece of property which is one less folio. >>chair: >>commissioner gonzalez: in the original memo the parcel just wasn't correct. >> it included another piece of property adjoining if that has been determined do not need domain that we have an easement on. >>commissioner gonzalez: to the chief whoever feels more comfortable of course always through the chair but were alternate sites including on port sites thought of to be viable prior to the closing. >> MR. Commissioner the administration hired an outside expert to evaluate all these. He is in the room with us if you want to ask him any questions, his name is philip hatfield, he's vice PRESIDENT Of ae, and he's responsible for the report he gave us on alternative analysis. >>commissioner gonzalez: MR. Philip. If you could please. >>chair: you can do that, thank you commissioner gonzalez for asking the attorneys but on that note I encourage my colleagues to do the same and to the attorneys if you can just, I said I would be jumping in but if you catch something I don't feel free to jump in and advise any commissioner of the same but go ahead. >>commissioner gonzalez: MR. Philip, were alternate sites including on port sites thought to be viable or according to your research was it viable to have an on port site prior to the closing? >> we evaluated ultimately five sites on port, strictly on port. Ne was determined to be not viable at all. A second was determined to be too small to accommodate the current capacity of the existing facility. There were three sites with advanced undeveloped layouts, concepts, cost schedules from a technical strictly technical perspective, there is viability, however there are business decisions that need to factor into that and we are not part of that component. We provided technical information for the port and county to utilize as part of their business decisions. >>commissioner gonzalez: so your analysis came to the conclusion that there was viability? But there had to be I guess business contemplations? But you determined there was viability? >> I will explain further. I knew on port facility would require taking away land from existing terminals existing facilities. It would require demolition and replacement of existing infrastructure and facilities. There are challenges that need to be addressed further, utility connections and it also requires conversion of waterfront births or wharfs over to fuel uses which would take away from existing cargo operations and also would require upgrades. It would require new pipelines through the port to connect the births to the new facilities. These are all significant challenges that require considerable permit costs and schedules associated with them. >> when I hear you say those things and I like how you ended it because I'm thinking there's certain considerations that need to be looked at specifically with financing and timing, is that correct? Thank you sir. To the attorneys, I just have 2 questions and again stop me if we shouldn't get into this but can you explain the procedural difference between a quick taking and a slow taking. >> yes commissioner. >>chair: in reference to an eminent domain process. >> in a quick take county would take title early on in the proceeding by making a deposit based on an initial appraisal. after an order of taking hearing. At the county would take title at this same time it makes the deposit. The case would proceed to a 12 person jury trial on the value of the property and the final determination of the compensation awarded to the property owner. The county would be obligated to pay the compensation award determined by the jury without consideration of affordability of the amount determined that time. In a slow take the county would take title after the jury has determined the amount of compensation. In a slow take once the jury determines the amount of compensation due on the property taken the county makes an election whether to take the property given the ascertain value or forgo the taking in which case the county is required to pay attorneys fees and costs as it would in any eminent domain scenario. In both cases the date of value of the property is the date the county takes title to that property. In a quick take it usually takes 6 to 12 months from the time this board authorizes eminent domain to get title to the property, this is not a typical case so it's difficult to predict. In a contested case it could take up to a year or more to get a title in a quick take minute condemning authorities rarely use that slow take procedure because it could take more than a year to get title after a jury trial, a complex case could take closer to two years and in that time the property owner MAY take action to add value to the property and property values tend to increase over time. >>commissioner gonzalez: that was a great answer, not next question is geared towards just for clarification purposes this is what I'm getting that I'd like for you to clarify. Pacifically in a quick taking the counties obligated to compensate the affected party at the value of the property determined by the jury. Is that correct? >> that is correct, the ultimate compensation award is determined by the jury. >> the biggest difference is there no opportunity for the county to go back or back out of if it disagrees with the valuation of the jury. >> that's correct. >>commissioner gonzalez: no further questions. >>chair: commissioner from district 5 you are recognized. >>commissioner lopez: as the commissioner that includes the port and fisher island I think it's fitting I give my remarks today. Thank you commissioner gonzalez for that vary pointed line of questioning. You've taken some of my questions and the clarity is perfect and I appreciate that and I also appreciate the fact we are having discussions that could impact future decisions we have to make in legal proceedings you MAY be involved in so I'm grateful for that so I'm going to just say my comments, I don't have any questions. As much as I appreciate the cruise lines and cargo industry coming, the most important thing to me believe it or not are the workers in the ila representatives that came today. This port is an economic engine in my district. And I'm such an incredible supporter of the hundreds of thousands of jobs that are impacted here every day. And it really grateful for the ila members who go to work every day and are such an integral part of the success of port. I was on the port this past week because we have a fire station here and that fire station was built when the port was not anywhere near as big as it is. The issue was that firefighters need more space. On port and yet we haven't been able to find the space they require. Found that so incredibly telling because this is a public safety issue. They are not because of the traffic on the port they are incapable of getting to their votes that are stationed there in order to address or comply with an emergency that MAY occur on the port. They also now because of the fact they can't get to the cruise ships within a certain period of time if someone is sick and needs to be taken off the ships they have to put people on I guess what I would call the east and west end of the island in a small I guess golf cart that has emergency services on their. So to think that there would be any room for anything else when I can't even provide the proper room for public safety is a concern for me as well and something I hope to work with the administration because should something happen in the cargo side of our port which it can and has it takes almost 20 minutes to get from the station to the cargo side because of the traffic. Because there's no leeway for an emergency vehicle to get through it on a given day when the traffic is so backed up. Want to say I am in support of the item, very much so. I was not here as a commissioner in SEPTEMBER 2025 nor when they voted when this commission voted to negotiate with the new owners nor was I hear in OCTOBER when we moved for a resolution of eminent domain and I understand, thank you for the clarification of what we are doing here today which is to lessen the amount of property you are taking so it represents the exact property we would be taking. Having said all that, I agree with commissioner gilbert that I probably would have said I told you so. Here is an incredible need, if we are the number one cruise capital of the world and we have so much cargo coming in and out I don't understand how we are having this discussion. We owe it to our economy, owe it to the workers of the port to move forward and ensure the operations at that port are not disturbed in any way delayed or interfered with and as the district commissioner I need to tell my colleagues I'm in complete support of it. It is what it is and unfortunately there have been missteps along the way and we probably didn't do what we should have done which was negotiate a deal with the owner before he sold the property but that was then and we are here now and we have to be responsible and we have to make a responsible choice for the public good and thank you again ila members. I'm so grateful you are here because I understand clearly the importance that you play in all of the operations of what goes on in our port and that is why we are such an incredibly famous port now and to not look at the fire issues and to not look at your issues would be irresponsible on my part, thank you so much. >> commissioner from district 2 you are recognized. >> thank you MR. Chair and first I'd like to thank commissioner gilbert for this item. And I heard you clearly. You were right then and you are right now. As a mental health professional, we are taught to make the decisions that are important now. We could have done so many things, we could have taken so many decisions hard but we could have taken different decisions that would prevent us from being where we are right now. But we are here, what do we do? i'd like to thank commissioner gonzalez for his line of questioning and a couple of my questions were answered. But we all agree colleagues that the port of miami is one of our biggest assets. And its success is important because without its success, miami dade would not be the premier cruising destination that it is today. And we have reasons to be so proud, so proud of the importance of this port. I love cruising. I love to go to cruises, I go to cruises for leisure and I also like to go to conferences on cruises which I've done in the past and I've always marveled when the boat is entering the port, I've marveled at the beauty of it all. I marvel about the beauty but also the possibilities because I've traveled a lot and I've seen all the ports and I've seen uses and I've always dreamed of the day when the port of miami also make changes that besides the cruising and all the activities that are wonderful hard-working employees do every day, all the uses that could amplify this port, now I have a couple of questions. And lawyers again stop me, I don't think this could put us in legal problems but if it is let me know. There are articles about the decision before us, many of which mentioned taxpayer money going to the port. However I would like the administration to confirm for the record the ports of miami received funds for the county general fund claps commissioner they do not receive general fund monies, they generate their own funds but it is an asset owned by the taxpayers so that's a taxpayer owned asset but general funds does not support it, it has to generate its own. >>commissioner bastien: some of the questions have been asked and answered, has the county received a proposal to build on the past, as the county received any proposal to build a fuel facility on the port claps we have received a number of people reach out and offer solutions both building on the port and off the port. That is the purpose of us having an outside expert to evaluate those. I have been in regular meetings and when I told these folks when they have their grandiose ideas that we ask them to talk with our experts and let ae, that it and if they come back with anything viable we are more than happy to consider but so far we don't have that. >>commissioner bastien: you've not received any viable? >> when I say not viable, extremely costly such as if you decided to build on the port and we never said it's impossible but all that land there now is claimed by somebody, it's either under lease from a cruise company or a freight company, we would have to break leases. Those have economic impacts, those could take a long time to work through the system as well as deciding where we are going to birth the ships which will deliver fuel which will take spaces away from those that currently have berths so those issues would have to be worked through and those could take years and that's the warning that are outside expert gives us, we've got to work through the property issues and select the property then design it and build it and they've estimated it could be nine years before we could be ready to go with a facility and we don't know the cost. We have estimates but we don't know what the cost will be until one of our partners whether it be a cruise line or a freight hauler that you've got to give up your property because they currently have it so that would take a negotiation and it could be a long one. >>commissioner bastien: it's important the administration is confident about its position on eminent domain. However, there are risks. What are the risks for the port of miami if the request for eminent domain is rejected? >> if we were to be rejected by the courts, if we were to be rejected by the court we would have to bring in a temporary fueling solution which we've developed a plan for which would essentially be bringing in a fuel ship and tying it off one of our freight ships so we would lose that and have to supply for the rest of the ships out of it until we could do something different. It would be costly to us, costly to those buying fuel but that would be the consequence if we lost. >>commissioner bastien: thank you. >>chair: commissioner from district 12, you are recognized. >>commissioner bermudez: let me start by saying there is a difference between being notified and being aware of something. Being notified whether it's legally sufficient or you read it in the paper is different from being aware. And the question I would pose and I don't know if it's you or the attorneys but the original lease was for 90 years and what year did that lease really finish so to speak. >> were not aware of a 90 year lease. >>commissioner bermudez: up to 2015, that's what you said, there have been a lease on that property from the county side. The county had opportunities in a prior administration to buy this land. And I will tell you that's what the attorneys said, that's what you guys said. That's not true, it doesn't matter because by 2024 you should have known it. The fact you always assumed it would be a fuel facility is an assumption and you know what happens when you assume. This is the same issue we had when we talked about the airport hotel which hasn't even broken ground, where we don't even know what's underground somebody that in 2014 under a prior commission has access to so we don't even know what's under our own airport. Both these examples when we talk about the port and the airport that employs so many people and are key to the success of this county we need to pay more attention to and moving forward I think and I've said it before and I will say it again, if we have leases anywhere in this county with anybody anywhere we should really take a look at it. We have the counties lar