Miami-Dade Board of County Commissioners - Regular

>> test miami-dade . >>chair: sergeants, go ahead and close the doors and welcome to the OCTOBER 17 meeting of the miami-dade county board of county commissioners. This is the part of our agenda where we used to do presentations but a lot of times those would honor people, would honor organizations, would commiserate things together. Today we have presentations being led by commissioners steinberg and cohen higgins so I will turn the microphone over to them. >>commissioner cohen higgins: good morning everyone. I see so many wonderful faces in the audience and in a minute I'm going to invite you up to make a presentation but every year miami-dade fundraisers for the making strides event held at the home depot park. Today marks the 25th anniversary of this partnership . One of the driving forces in the county is my chief of staff mary. Who at the age of 17 lost her mother to this terrible disease . I also want to recognize demaris isler for your efforts as well. The american cancer society is dedicated to eliminating cancer by advocacy, education and service. Breast cancer is the most common worldwide and many cases will be diagnosed with 22,670 here in florida this coming year . Last year the county raised half of the total dollars raised and I think my colleagues who have donated as I have to this campaign to make it a stronger year so I hope to see all of you at 8 am saturday, OCTOBER 28 home dpot park and now I invite my cosponsor to say a few words. >> good morning everyone, I was proud to join commissioner steinberg in cosponsoring this presentation not only to give recognition to paint over . As you can see all the commissioners are proudly wearing ight paint. Also in recognition of colleagues no longer on the board with us that champion this cause for years. Commissioner sosa both had personal experiences with breast cancer and is on those amazing women's shoulders we stand and I remember standing here by year ago saying to them I know this is your last OCTOBER recognition of breast cancer awareness but you cn count on me to carry that torch forward to make sure that we at the county continue to be the number one champions of this cause so I will be there OCTOBER 28 and I hope everyone will as well and I think it's important to know that men are also affected by this. Very important issue so I especially thank the men for participating and wearing pink as well so thank you for the recognition, I know my office donated $5000 to the cause. And we will continue to champion this important cause, thank you everyone. >> thank you. I know this is commission chambers, thank you for having me. Thank you so very much to our cosponsors and to all of our leaders here who stand strong and pink and this is really the best pink showing that I can recall . I want to acknowledge our CHAIRMAN Who is very static in his call for pink. You sir, very good job but truthfully we all end up for this cause because we out important is how pervasive it is . We all know people who've been affected by breast cancer and we are proud to stand together and it's a lively friendly competition in miami data county which is a good thing so it's proof positive that we raise the money that we walk and honor those who have been affected. I had the mayor's team will be marching strong 8 am. Tank you very much . This is a kind of adaptation . Very good . >>chair: absolutely not. It will not. By order of the chair that does not count. That does not count. 5000 . 5000 . What are you doing? Number this isn't something borrowed, something blue. That doesn't count. $5000 . >> this is what the mayor was referring to as our healthy competition. >> please join us for a photo. >>... >>commissioner steinberg: I want to recognize our former CHAIRMAN Pepe diaz and morgan, I know you have a couple quick words to say . >> can I grab my paper ? You used to know britney . I'm not as blonde . My roots are a lttle darker but that's okay, it's highlight season . Let me grab my paper real quick . These are important numbers . We've got lots of information but first of all thank you so much for having me today. Can I get everybody in here . My name is morgan and I'm a senior development manager at acs in the south florida area and you all are the most important people making these decisions and thank you for making a decision to be part of acs and making strides against breast cancer. It's okay. I'm not going to use this. You actually all said all of the numbers already but I wanted to pinpoint saying thank you. I was going to say everyone's names but you already said everyone's names. Thank you. >>chair: all star . All star. Commissioners, is that it? Thank you all, this has been a wonderful presentation . Remember breast cancer isn't just about me, it's about communities because when someone in the family gets breast cancer the whole family gets breast cancer. Just to find different ways as a community to be supportive because we experience this at a familial level and a community level. Thank you. The meeting will begin in 15 minutes. . [Music] >>. [Music] >>chair: MADAM Clerk call the role. hey ralph, it's time to take your seats. We call one person's name out everybody realized it just got real so if you're not a sworn law enforcement officer feel free to have a seat or leave the chambers. George, if you're not a sworn law enforcement over there feel free to have a seat or leave the chambers. >> the clerk's office has received notice vice CHAIRMAN Rodriguez will be absent from today's meeting. >>. [Rollcall]... [Rollcall] 12 members present. Quorum. >>chair: please rise for invocation and the pledge of allegiance. Were going to take a moment of silence . This moment of silence is regarding a woman who is extraordinary valuable for her public service in this community . She was the first incorporating mayor of miami gardens shirley gibson so she passed away yesterday and so much of, but I personally know about public service and the strength to be singular if necessary. In truth in her strength that propelled the city that many in this community, everyone said would never succeed. That same city she led became an all-american city . And it's in no small part to the leader and the person that she was. This community has lost an extraordinary woman so one moment of silence. ... GOD, today we come before you to share your wisdom and strength . We come upon this day that we've never seen before and will never see again. We have this moment to be good , this moment to be wise, this moment to be wonderful as stewards of extraordinary resources. We thank you for this moment and pray that you guide us, honor our steps and our words company this community one and make this world one. Amen. >> 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: good morning colleagues. Appropriate time for reasonable opportunity to be heard. Reasonable opportunity to be heard. If you signed up to speak please approach the dais, give us your name and address and you have 2 minutes to speak. In case some folks this might be your first meeting here we don't actually applaud out loud . If you like something you go like this and you smile so we you like it. If you don't like it you do the same, just the spirit fingers, nothing else and you frown and we know you dislike but we don't disrespect the people speaking that same respect is reserved so having said that reasonable opportunity to be heard is now open you all carolina behind the podium and when it's your turn give me your name and address and we have two minutes. [Reading names] >>speaker: my address is 9325 southwest 43rd street miami florida. I'm here to speak regarding resolution 2 b6, the quarterly budget report and I would like to ask my commissioners to stop using county funds to support a global climate change and instead spend funds to address local issues such as improved drainage systems I ask that yu have an open debate on climate and not spend our funds on unscientific 2030 and their definition of sustainable goals . >>chair: thank you and probably I should have said this previously. You need to be speaking about something that's on the agenda so in some respects, you can go through the agenda and try to make an attachment. We're going to keep it really and ask you to proceed . >>speaker: I am miriam singer and I have the privilege of serving as chief executive officer of jewish community services of south florida, biscayne boulevard . Members of the commission I'm here to speak for 11 am 11 substitute bats is sponsored by so many leaders in our community here sitting on the dais that are in support of israel. As a member of the jewish community we are so grateful for the support of elected leaders. At this time during this difficult and painful time as we react and respond to the needs of the people of israel that have gone through one of the most horrific moments in three perpetrated by terrorist acts . We are so grateful for these voices that are with us, that embrace our community for others who lived in israel at every level of government . Your voices are important to us and warm our hearts . Jewish community services is the safety net of our community . We are providing counseling and support to members of our community that are connected to the state of israel that have relatives and loved ones and friends . We are here for the community. We are part of the beating heart and this is made possible through partnership with the miami dade community. We support 11a11 substitute. >>chair: thank you. >>speaker: good morning, 21 merida avenue, coral gables . I'm here because we have a little problem. We spend our money on items that are for agenda 21. The county keep spending money on implementation of these so-called sustainable development which is based on the united nation's item 21 in 2015 as agenda 2030 . Its cornerstone is climate change which is an environmental movement to replace... >>chair: excuse me and I appreciate you not wanting to support agenda 21 of the united nations but that's not our agenda . It's going to have to be an item that is agenda . >>speaker: let me tell you what my problem is . I send you a request for a climate change debate. None of you answered my request . >>chair: thank you . >>speaker: we have no voice in this county, served we keep being... >>chair: thank you. >>speaker: my name is stanley young better known as chaplain young here to speak about 11a1. I think it's great that we pass this resolution and expand it. There is a mental health crisis on the streets that needs to be addressed. When is this mental health facility of seventh avenue and 23rd street is going to be open ? Everybody keeps saying soon. I called judge stephen who is supposed to be over this particular project and I drive by and there is no activity going on there and it needs to be open . I don't know why it's not open, I don't know who's responsible but I would be looking into it because I people on the street every week and they need this facility open. There is a mental health crisis on our streets so we need to expand and cover our mental health patients . Thank you very much, GOD bless. >>chair: if somebody from your administration could speak to the gentleman about the center. >> we are almost there. >>chair: cuncil general of israel . >> thank you CHAIRMAN, MADAME Mayor, commissioners. I'll be very short this morning. i'll just make one or two comments . Let it be known that on OCTOBER 7 a week and a half ago , a holiday in israel , jews in israel went through a genocidal attack . A brutal terrorist attack by hamas which resulted to date with 1400 victims . Women, men, elders, babies, whole families grandparents with their grandchildren. Massacred, butchered, slaughtered , mutilated, maimed raped and also more than 200 kidnapped and are held hostage . Let it be known on OCTOBER 7, 2023 israel is going to war over its existence and over the security of israelis and of jews wherever they are. We will not rest and not stop until tese hamas terrorists and all their allies will be eradicated, eliminated and jews wherever they are will be secure and safe. Let it be known there is no better more supportive community and state then the state of florida. The state of florida , on a state level and community level has stood up and shown its support in all means possible . I've just come back from tampa where two cargo planes were sent to israel with medical supplies and it's due to leave in the next few days . Across the county there have been rallies, statements collecting funds for federations and our organizations. We are grateful for that . It does not go unnoticed and these are the times where friends are needed most and we appreciate and value the friendship of the state, of this county and community. That will be all for today. And you very much . >>chair: thank you . I have no more names. Reasonable opportunity to be heard is now closed. MADAME Attorney. Chair a few preliminary matters. I 1I2, commissioner higgins releases this item. Senator garcia adds his name to the pull list so the item remains on the pull list, I can 8p1. Senator garcia adds this item to the pull list. 11a5, senator garcia adds this item to the pull list. 11a11 and its substitute, senator garcia adds this item to the pull list. 14a9 and its supplement commissioner bermudez is adding it to the pull list in the supplement and 15b1, CHAIRMAN Gilbert adds this to the pull list. Additional cosponsorship, 7a, commissioner regalado and steinberg, 11a3, senator garcia and commissioner bermudez. 11a5, 6 and 7, commissioner regalado wishes to be listed as a cosponsor. 11a9, commissioner cabrera. And 11a11 substitute, commissioner regalado and bermudez cosponsors. Items will be listed in the final agenda with deferrals, withdrawals and scriveners errors listed. These will be added except item 2b8. Public hearings, ordinances for second reading, item 8a1 which pursuant to the standards must be voted on separately and are not on your pull list. Item 8a1, 8p1, 11a1, 11a6, 11a10 and its substitute, 14a1, 1486, 14 a, 1489 and its substitute and 15 b1. Motion to set the agenda is in order. >>chair: seconded by commissioner cohen higgins . All in favor of setting the agenda signify by saying aye. Show the agenda set . I see commissioner higgins. >>commissioner higgins: 18e1, it has been distributed so we can pass that. >> item 8k1 to exhibit d attached to the next and it is located on page 32 which has been distributed and revised as the unit mix as follows . 20 of the 24 two bedroom two bath units restricted to median income will be restricted to 80 percent ami and income for the rental assistance administration will decrease from 30 percent to 20 percent of ami. That's the amendment to 8k1 . >>commissioner higgins: ph cd are in agreement. So moved as amended. >>chair: all those in favor of adopting as amended signify by saying aye. If we could take... What is this? >> the aviation item is 8a1. >>chair: seconded by commissioner cohen higgins. All those in favor signify by saying aye. Show it adopted. >> can we do a motion on 15b1. There's a motion to cancel the NOVEMBER 21, 2023 regular commission meeting and associated carryover meeting and to direct the clerk to issue cancellation notices and to amend item 15b1 . >>chair: this is us canceling the meeting for thanksgiving like we do every year. It's been seconded . All those in favor signify by saying aye. Show it adopted . >> do you want to approve all the four teams that are not polled? That is 14a1, two, seven, eight, nine and 10 . >>chair: it's been moved and seconded . All those in favor signify by saying aye. Show it adopted . >> he pulled 14a9 to amend the supplement. >>chair: in the supplement. >>chair: it's moved all those in favor signify by saying aye. Show it adopted. >> we can move into the first readings with your pleasure. >> I believe that is 2 the 8 . >>commissioner higgins: I am proud to be welcoming annette josc services department and if you could come down to the well. I want to thank her deeply for her extraordinary service in the last several months in her interim role . She has really stepped up . It's a critical time and she's done a wonderful job. She's worked in miami-dade since JUNE as interim director and previously as assistant director overseeing budget and finance. Previously she was chief operating officer for our kids of miami aid and monroe. A woman of my heart as well . she holds a masters in business castration from the university of miami, bachelors in psychology from florida international university. She has a long track record of positive work and I trust he will steer our animal services department into success . I am confident in her leadership and her ability to usher the department forward with excellence and compassion so I hope you will join me in welcoming our director of animal services joined here in chambers by her husband. >> thank you for trusting in me . CHAIRMAN Gilbert, I am honored to have the opportunity to serve this county where I was born and raised and now along with my husband raising three children . In 2014 I left the private sector . To focus my career on public service . Having been part of the animal services for over 40 years I'm familiar with its history and how it became an industry-leading shelter. In order to address the current address. I want to thank you for this opportunity and I look forward to serving the residents of miami-dade county. You director and the posters are out with adorable pets to adopt. Help us to empty the shelters. a special mega matchathon, send your family friends and neighbors so we can be part of the solution. >>chair: do we need to do anything? Good luck. At the animal shelter. I will say that it's been a challenging situation and we hope it will be less challenging. Commissioner cohen higgins you are recognized . >>commissioner cohen higgins: I want to welcome our MADAME Director and I appreciate the time to get with her individually and I know that you already have your hands full. This is an interesting and unique department and I look forward to all that we're going to accomplish together so thank you for taking this o and we look forward to working with you. >>chair: you are recognized. >>commissioner gonzalez: by taking this role and agreeing to serve our very friend's you have officially become my daughter's favorite director that does, with big responsibility. I would like to see if you can one of my staff members to see if we can host and adopt a pet at my office . I know it's not going to be easy but you are going to do a great job. Congratulations . We can do the first readings now . >> would you like to do a release or first reading? I believe senator garcia wanted to be 11a1. >>chair: moved by commissioner cohen higgins, seconded by the chair. All those in favor signify by saying aye. Show it adopted . >> MISTER CHAIRMAN, would you want to do 11a11 while the consulate general and staff are here . >> thank you commissioner higgins and steinberg for being a primary cosponsor of this item. We heard the council generals comments today and this resolution we've put forward is our attempt to stand with our brothers and sisters in israel. We have a big jewish community in miami-dade county and they've always stood by our side in thick and thin and now it's our oportunity to reciprocate and say that we stand with our brothers and sisters in israel . We know what happens over there. And I want to be clear . This isn't against the palestinian people, this is against hamas . Hamas is a terror organization who's been terrorizing israel and the rest of the world quite frankly quite some time . And it's time we once and for all try to eradicate hamas at the same time stand with our brothers and sisters so MISTER Console general, thank you for being a friend of this community, you for standing by our side in our time of need and this is the least we can do as bonnie to stand by our brothers and sisters in israel . With that commissioner I don't know if I can but my primary cosponsor commissioner steinberg. >>chair: you are recognized . >>commissioner steinberg: I want to thank all of my colleagues who have been nothing but supportive. We are mourning the loss of innocent lives and we continuously pray for the safe return of the hostages and you said it correct. Hamas is a terrorist organization it's a threat not just to americans and jewish people but the entire globe. So glad we can sit here proudly today standing with israel so thank you and I will second the motion. >>chair: it's been moved and seconded but I see the mayor, MADAME Mayor . >>mayor: thank you to the sponsors of this resolution . It's been a privilege to serve alongside you during this renders week in which the world has changed for everyone but we all know as the council generals said we woke on sunday to this or epic news and have witnessed the unimaginable barbaric acts and quickly learned about the hostage situation. Now we know it's over 1400 people killed, the deadliest day for jewish people since the holocaust as was confirmed over 200 hostages and we are praying and asking for their safe return so I want to commend our world leaders for coming together to stand united with israel and also to protect innocent lives in what is now a growing humanitarian crisis. We must work together for peace among nations as we achieve a safer more inclusive community right here at home in miami aid county so thank you for bringing this resolution and sending a clear message about our values that we stand strong with israel and all nations in achieving democracy. >>chair: commissioner cohen higgins you are recognized . >>commissioner cohen higgins: I wanted to thank commissioners steinberg and senator garcia for their leadership in bringing this item and I hope it will have unanimous support. It is not often that during these times we see unity around issues and hopefully this I one we can unite around and it was the idf that came to our aid years ago when we experienced the horrific server-side collapse and it's important that we send a clear message to support our families and friends and neighbors in israel during what some are saying if it's not factual to be the largest loss of life for the jewish community since the holocaust. It's an impossible time for many families . I am happy and proud to cold prime sponsor and thank you for everything you've done through this mulcher list last few days where safety and security were questioned and bringing mayors together to get on the same page so thank you MISTER Chair . >>chair: cmmissioner mcghee who borrowed a pink tie from someone you are recognized . >>commissioner mcghee: thank you for doing this and I want to add on to what our colleagues have expressed . My time in israel taught me a valuable lesson about the history , about the culture, about the people and I could go on record to say my first dinner actually happened in israel and it was around the table with great individuals who expressed great gratitude and appreciation for those who flew over to fellowship with the great people of the state of israel and I want to put my support on the record and I would love to be listed as cosponsor on this item to show my support for the great people of israel and also to say that terrorism is wrong on every level and as we heard from our sponsor we have to find a way to eradicate it from this great earth. >>chair: thank you . Senator, please show me as a cosponsor also . I will offer a few remarks aside from this. I said this months ago not with regard to this particular issue, in order for evil to be stopped we have to stop it. That's a very difficult thing sometimes for us to accept but it won't be our collective wishing that it stops that actually stops it. My dad was a baptist preacher and to this day my favorite sermon was always the story of david . Because if you know anything about the bible, GOD called elijah and a bunch of men of peace but in the times GOD called people like david who was a poet, a singer and a warrior because he knew what needed to be done. I pray GOD's strength for israel, not just for israel but for the idea that we can in fact eradicate evil . That evil can't hide behind our good intentions and best wishes . It can't hide behind our prayers the day after. Some things can't be allowed to be had children and rape women. That can't be right. If it is allowed more people will do it and we will all be substantially less safe. This item has been moved and seconded . All in favor signify by saying aye. Show it adopted unanimously . MADAME Attorney. >>county attorney: your first reading items are as follows , establishing a special taxing district to the north by theoretical 1/97 street and on harriet tubman highway. Known and described as ojus tod multipurpose maintenance and street lighting special taxing district; identifying services to be provided; authorizing and directing the county mayor or county mayor's designee to cause to be maintained and operated various public improvements and to provide for the installation of streetlights; approving a street lighting agreement with florida power and light and authorizing the county mayor or county mayor's designee to execute the agreement; waiving provisions of resolution no. R-130-06; and providing for exclusion from the code and an effective date. 4b is a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cdmp20220015, located on the north side of sw 268 street between sw 127 place and sw 127 avenue, filed by hartford plaza, llc in the may 2022 cycle to amend the countyc/b?B=s comprehensive development master plan; providing severability, exclusion from the code, and an effective date. 4 c is a ordinance relating to miami-dade county comprehensive development master plan; providing disposition of application no. Cmp20210012, generally located on the east side of sw 192 avenue, approximately 680 feet north of sw 360 street, filed by aper, llc in the OCTOBER 2021 cycle to amend the countyc/b?B=s comprehensive development master plan; providing severability, exclusion from the code, and an effective date . Those are your first reading items. >>vice chair: would anyone like to bifurcate or have any discussion? Seeing none, MADAME Clerk please call the rule. >> I did not see a movement or a second. >>vice chair: can I have a movement on these? Please call the role. >>clerk: [Roll call vote] Motion passes 10 to 0. >>chair: MADAME Attorney . >>county attorney: your public hearing items are as follows. 5 a is a ordinance creating and establishing a special taxing district in miami-dade county, florida, generally bounded on the north by sw 72 street (Sunset drive), on the east by theoretical sw 72 place, on the south by theoretical sw 76 street, and on the west by theoretical sw 74 avenue, known and described as estates at sunset multipurpose maintenance special taxing district; identifying services to be provided; authorizing and directing the county mayor or county mayor's designee to cause to be maintained and operated various public improvements; and providing for exclusion from the code and an effective date. 5b is a ordinance granting petition of the oleta river community development district to dissolve the oleta river community development district, generally bounded on the north by ne 151 street, on the east by theoretical ne 25 avenue, on the south by ne 137 street, and on the west by state road 5 (Biscayne boulevard-us 1); dissolving oleta river community development district; and providing severability, exclusion from the code and an effective date. 5c is a resolution approving the plat of grandville place, filed by onx-odagled grandville, llc, located in the southwest 1/4 of section 27, township 56 south, range 39 east (Bounded on the north by sw 260 street, on the east approximately 250 feet west of sw 144 avenue, on the south by sw 262 street, and on the west by sw 147 avenue). 5p is a resolution approving the waiver of plat of eloy ernesto hernandez. 5f approves project 129 and the addition of new bond number 388 , using $5 million of surplus for project number 239, we think by a two thirds vote of board members present bond committee review to approve new project number 388, providing severability: inclusion in and exclusion from the code and an effective date. >>chair: I have two names, bobby sanchez and linda betancourt. You have 2 minutes. >> I'm in favor of the ordinance but just need more information . But I am in favor of it, I think it's very important for our communities and trying to get everything done and a second comment tat I have, it's a question for every angle one of us from the commissioner to the mayor . The certificate of use application has at this moment, it hasn't been addressed and this one business tried to open that has to go through a process of almost six months . >>chair: brenda I'm pretty sure this isn't about the ordinance . >>speaker: I already agreed to it and just want you guys to understand this business is getting in a lot of trouble right now. Long time. >>chair: brenda thank you but we don't discuss this when attorneys waved their hands. 5f . We can have somebody... I think your point is valid about small businesses . I see team coming to talk to you . >>speaker: it happened to me yesterday . I appreciate that and I'm sorry you experienced that if we start to go off topic it would be a lack of discipline that this body has not demonstrated . You can ask a question after public during . Bobby, you are recognized. >>speaker: bobby sanchez , florida grand opera and I rise in support of the item and would like to thank the CHAIRMAN, the mayor and her office the cause we appreciate all the support you guys are doing for all cultural institutions and look forward to continuing to work with your office to help our organization. We also recognize that there are many other things we need assistance with and we appreciate all your help and look forward to working with everyone. >>chair: thank you very much. Public hearing is now closed. >>county attorney: senator garcia wishes to bifurcate items 5d and 5e. >>chair: can we take them all at once? >>county attorney: accept 5d and 5e. >>chair: it's been mved by bastien, seconded by cohen higgins . Call the role . >>clerk: [Roll call vote] Motion passes . >>chair: 5d and 5e together senator garcia . >>chair: moved by commissioner higgins. It's been seconded by commissioner tran five. >>clerk: [Roll call vote] Motion passes . >> second reading . >>chair: while we are preparing for second reading , the grand old opera just spoke. We're going to have to look at different areas . They couldn't use this money because this was capital but there are operational things we need to do so we're going to have to pay attention to that but something will be coming back to try to help him because it's one of the things I do recognize because for us to be a world-class community we have to have a world-class cultural sector and we can't forget how that provides opportunity and elevates us as a community. I know the mayor and I have spoken about this but it's something we will have to be and I love the asht but that can't be the single expression of our culture. It has to be different organizations all the way up north from all the way out east to all the way out west and that opportunity needs to manifest itself for seniors and kids and working class needs to be for everyone as I believe expansion of culture and parts isn't just good for the economy, it's good for us as our community so that's something we will work on, MADAM Chair. >>commissioner higgins: I wanted to let the commissioners know maria laura leslie is with us and is our interim director and circulating to speak with each of you to get your ideas. Thank you very much. >>chair: MADAME Attorney . >>county attorney: 7a is a ordinance relating to the miami-dade county expressway authority and the greater miami expressway agency; exercising miami-dade county's home rule powers preserved within article viii, section 6 of the florida constitution of 1968 and the miami-dade county home rule charter; superseding, nullifying, and modifying the act contained in sections 18 through 28 of chapter 2023-70 of the laws of florida as a special, local, or general law applicable only to miami-dade county; abolishing the greater miami expressway agency in miami-dade county created or reestablished by such act; reenacting any portion of miami-dade ordinance no. 21-35 previously superseded; providing severability, exclusion from the code, and an effective date. 7a. >>chair: commissioner cabrera you are recognized. >>commissioner cabrera: I think we've spoken about this issue so I ask for your support today . We've seen whether in the first reading or community it's an issue of trying to circumvent the charter. I know it's very clear what they're doing so I need a motion to approve. >> I would like to be recognized please. >>chair: commissioner gonzalez, you are recognized. >>commissioner gonzalez: my question is for the county attorney's office. Does a no vote against our oath of office as county commissioners? >>chair: to your point, hold on. I understand the question, thank you. I am just always reticent to let the attorney give that kind of advice but if the attorney wants to do it then the attorney can do it. >> you are free to vote your conscience on this item . >> another question, where are we on our appointments to gmx. >> that would be a question for the administration . >>vice chair: what was the question? >>commissioner gonzalez: do you know where we are with our appointments to gmx . >> does the commissioner point to the gmx. >>chair: hold on everybody. I think our last direct and to the county and administration because our appointments aren't simply picking people. They are categorized by geography and profession so we had to figure out where and who we could appoint. That's where we work, I guess there is gis stuff you have to look at so it's not just a simple appointment process. When he asked the question the direction to the administration was to figure that out. And that wouldn't be for the attorneys, that would be for the administration. >>commissioner gonzalez: can I have a follow-up from the administration? I will keep my comments brief because seeing from the number of cosponsors I do know how to count and I do see where this is going but let's not lose sight that these are state roads. Airport state road 112 , dalton state road 826, don shula road state 74 and snapper creek state road 878, these are all roads. The state passed the florida expressway authority act which led to the creation of mdx. The legislature giveth and the legislature can take away. Let's get history as to how we got here. In 2000 to the transportation plan was put on the back burner. People were told there would be no more tolls and what happened? More tolls. In 2013 mdx began to increase tolls on our highways . Hears quotes in the year 2014 . Expressway authority approves whole increases, tolls will be going up for millions of drivers . The bad news is drivers will pay a lot more tolls more often , tolls will be collected at 16 new locations scattered over both expressways. Everyone will pay no matter how short a distance they travel. The tolls would amount to 54 percent increases. Tolls that took effect in 2014 were dubbed tollmageddon. If they were taken into effect this year they would probably dubbed tollpocalypse. It negatively affected people who could not afford more tolls. Tolls increased by 50 percent which led to $4.20, $34 a month, over $400 a year. When you are traveling from the south or southwest where I am from the costs were even higher . it MAY not mean a lot to you it's a lot to someone making minimum wage . $400 is a lot of money . Again, this was the $14. 20 $23 are much different . More tolls affect working and middle-class families. They affect single moms and other parents who have to drive their kids to and from school and activities . They affect the hotel worker who has to go downtown or miami beach to work at a hotel, the construction worker going from there hold to the site. When you factor in insulated insurance gets even more expensive to get around for everyone . There was a grassroots effort to stop toll increase and a number of state legislators and county commissioners joined in the fight. Then state representative and now lieutenant governor jeanette nunez fought several bills and an attempt to alleviate the impact of these runaway tolls. Our state senator renc also led the charge to help to alleviate tolls. Bills kept getting filed, attempts were made, mdx fought against them and nothing seemed to change . The state legislature passed a law and that law was challenged in court. This year the state legislature came back and passed another law. The legislator has spoken . As it stands today the agency created by the law, the greater miami expressway authority, gmx is in existence in AUGUST a judge ordered that gmx take over the mdx bank accounts. The courts have also spoken. Gmx has held several meetings without our bcc appointees . They currently have quorum and we don't have appointees on the board. They've moved forward. Colleagues, I feel like we should move forward as well. We should move forward on projects like the kendall parkway and projects that are important to our community and commissioners that sit with me on this dais but more importantly to the people that want to alleviate traffic all through miami-dade county. Definition of insanity I to do the same thing over and over and expect a different result . Let's learn from history. When the 2019 law was called into qestion the legislature passed another law this year. What do you think is going to happen if the 2023 law is called into question? Again, learning from history we can safely predict that the legislature will file another law and then another and then another and we will continue to fund lawsuits with taxpayer money. This has gone on for a decade. And it's going to continue going on. I support our home rule and I believe there is more than one way to protect our home rule . What is the lesson from history ? Don't pick a fight with tallahassee. In fact, CHAIRMAN Gilbert during last tuesday's meeting of the policy council you stated don't want to make any more enemies in tallahassee. I fully agree with you , sir. Let's stop making enemies. Gmx has reached out to us. Let's figure this out. Work on helping people save money on tolls and get out of traffic . Let's help people move forward with their lives and give them the roads they deserve. That reason I am going to vote no on this item. Thank you. >>chair: I see you went to the regalado school of brief . That was brieflarious. >>commissioner gonzalez: I have been learning from my wonderful colleagues. to narrow these issues just a little bit this is for a, it's not about higher. Or lower tolls ad this argument and this is a was picked between politicians aren't here over egos that don't sit on a dais or in tallahassee . I don't stand up for tolls, I stand up for the rights of people to determine wat our transit system looks like . Home role isn't something you pick and choose. It's because it transcends everything so if legislature wanted to say you know, this is how we think you have pets regardless if whether we disagree with the item we would side with the home rule and this isn't about one thing. Because on this issue, substantively some mght agree but what we understand is miami dave county is a major urban area which not better or worse, it's just different from the rest of the state. Reason why we are treated differently , not because we had the most powerful people but because it's more complicated. Our mass transit, we build out it's different here . So I appreciate your passion and I think your question to the attorneys about whether you've violated your oath of office, there was that part of the charter that said you had to support home rule . To the extent this does or doesn't that's going to be on you and your conscience but without reaching any other substantive determination about whether I think this person is right or that person is right , I trust the pople in miami dade to govern those roads and according to their values . So I appreciate your references to learning from history but if we learn from history america wouldn't be america. History is literally replete with people saying this is wrong and we're going to change something . So when you say don't pick fights with tallahassee I want to get along with everyone but if a fight is to be had, then we will have it but I won't let you , anyone with my silence . Usurp the authority of the people of miami dade county because when you take authority away from the board you govern at the behest of people and it's their power so now you have taken that authority and deposed authority over the roads in miami dade county . All the elected people in the state of florida . Some of us think that's wrong . I appreciate that you MAY not capture the issue the same way I do but I would never assume that your reason for voting is all of ours. I know some of us would have different opinions about who should run the roads. My opinion rests on its the people of miami-dade county's power. It should remain with the people of miami county. Senator, you are recognized. >>commissioner gonzalez: I appreciate your passion. This was an authority created by the state to manage state roads. Second, the appointees have to be dade county residents. They reside in our community so I wanted to put that out there . I'm going to ask one question for the county attorney's office . How much has this cost taxpayers ? In legal fees on both private and public, how much has it cost us ? . >>chair: I don't know that that's the answer but their salaries are their salaries . >>commissioner gonzalez: how much time have we expended on the legal fees? You're going to tell me we don't know and we can't justify to the voters and residents how much time we've spent on defending this lawsuit, not defending this lawsuit, issuing this lawsuit. we have not retained any outside counsel. >>commissioner gonzalez: that's not my question. You don't keep track of what we're doing on this? >> I can calculate that for you but we don't have billable hours . >> it's important for residents to know how much time we are spending on this. It's hard to believe we don't have that in writing but not to belabor the point we will see let's do it we thought how we are going up again it's the same. >> but I vote against it because we are not going to win . I see what the legislature is going to do and we are going to end up losing this battle and let me remind everyone that the reason we started was because of our toll increases all over the place . Should it and, I think it should and we have a right to end it. I will vote against it but thank you very much . Our vote against this goes against home rule charter . So thank you. >>chair: thank you . There is something that's been brought into my attention by the attorney. we gave direction to the administration to figure out the appointees to start the process and all of that stuff and now if this passes we are essentially voting to say the board doesn't exist . Those two things don't work together . So the attorney has prepared a motion and I will let them explain it . Or MISTER Attorney. CHAIRMAN Gilbert moves to direct the mayor to continue the process of the g and ask and to present nominees to the board so the board and take action depending on the legal status item 7a including holding up such appointments, making appointments if there's a judicial order or making conditional appointments that would take effect should judicial order take effect that declares item 7a to be invited invalid. >>chair: what this does is e will continue to fight but if we lose the fight we have additional units. Do we amend this separately? Let's vote on this. You are raising your hand. >>mayor: I want to say because of the local control issue and how it is consistent with home rule charter the administration is in support of this item because we are the closest to the people , affecting every day trips for our residents and it's been consistent so we are in support . >>chair: commissioner close . >>commissioner gonzalez: two things I'd like to add . One in terms of the cost I can tell you a cost of $2 million to residents not refinancing the bonds because of these lawsuits, those are $2 million that could have gone into transportation and tweaking state law year after year to fix your legal argument would also be the definition of insanity so the item has been moved and seconded. >>chair: called the role. >>clerk: [Roll call vote] Motion passes 10 to 2. >> are we now on the call list. >> did you want to take up the motion CHAIRMAN Gilbert made regarding appointments. It was the motion as previously read , CHAIRMAN Gilbert direct the designate to continue the process related to board appointments to gmx and present nominees to the board so the board can take action regarding the legal status of item seven a including upholding such appointments, making appointments if there's a judicial order that declares item 7a to be invalid or taking appointments that would be declaring 7a . >> that is the CHAIRMAN's motion. All those in favor signify by saying aye. motion carries. MADAME Attorney what is next? >> item ap one. You are now on the pull list. >> you are the polling commissioner. >> I know he stepped out. If somebody from the department ...? I was curious as to why the respondents were found to be nonresponsive . >> commissioner , these respondents conditioned their proposal, for instance one of the cmpanies did not give us the pricing that covered the work, the other did not want to agree to the term we had stipulated so they birth both were determined nonresponsive . >> if there was a competitive process why is it a designated purchase? >> once we get proposals the county attorney opined they are not responsive there are 2 options. We come back to the board and reject all proposals and start the process all over again. That results in us asking for proposals and going through the same process. So we chose in this case since the market is so limited it's not like we have 15 other providers but we look at those exceptions, proceed with the evaluation process and they score the proposals , we negotiate the contract with the highest rate and iron out all those exceptions and present an award and the only way to present the award because they were non-responsive is the designated purchase . >>vice chair: anyone else to be recognized on 8p1. Moved by commissioner higgins, seconded by commissioner cabrera. 8p1 carries. Next on the pull list is 11a5. Senator garcia you are recognized on 11a5. I don't see senator garcia . We will move to the next item which is 11a6. Commissioner bermudez you are recognized. >>commissioner bermudez: I want to point out to all my colleagues that the sargasso sea finds itself in opa-locka west which is the site that is what I believe to be the preferable site for the future resource facility that is being looked at . So we wring that up so my colleagues understand that there is material being stored in that site. That is where the seaweed is at . The next time our colleagues from broward county speak I hope that we keep in mind that this is the appropriate site for the future of resource recovery facility . There are 400+ acres and we are already using that site to store material. If you've had a chance to get out there you will see the sargasso sea at opa-locka west but I'm going to support the item but I want to make that item clear as we need to know where it's being stored and when it's removed from the bay. >> all those in favor signify by saying aye. Anyone wish to be recorded , 11 810 I have commissioners gilbert, cabrera . You are recognized . >> attorneys have an amendment they sickly to the supplements we put on the agenda to make an amendment so you would all be able to see it. They can read the amendment . >> the amendment is to amend item 11 810 to revise the printed supplement. >>vice chair: commissioner bermudez you are recognized . >>commissioner bermudez: I want to thank my colleagues commissioner cabrera and steinberg and regalado for taking the time to come up with something that I think shows how this body can work together on important issues such as septic to sewer and I thank you for taking the time to find a solution. >>vice chair: we are going to wait for the CHAIRMAN To return . As soon as the supplement, did you have a question on that? >> do we have to vote on the amendment? >> has the amendment been accepted? Where not going to take a vote on it because the CHAIRMAN Is the polling commissioner so we will continue to item 1489, commissioner bermudez you are recognized. Commissioner regalado, I didn't see you recognized on 11a10 . >>commissioner regalado: to an commissioner bermudez's comments it was a productive meeting. The outcome is the same type of legislation that we need. We've been discussing all the moving pieces to the septic to sewer. I want to thank the commissioners that worked on this because this is a piece that causes a lot of angst when we go to the community to talk about the final step but we need to have the final step to have this conversation so thank you for your time and thoughtfulness. I think it's a good item that covers a lot of ground. >>chair: I think this is a good item but I have a question because I understand us removing everything to a sewer line so I'm going to support the item but I want us to be mindful of something and I talked about this in my briefing with the attorneys. Conversion to a loan program is interesting because even if it's the largest no interest loan if the loan isn't formidable you would still be asking people up or not the poorest in the community who are homeowners working-class residents to want to do it . So what we're doing is we're paying for the private side because I can't compel them otherwise to want to do it. Right then you're not like let me convert to a sewer line. This is good but I'm afraid it might not actually get to the full we half t get to. We need to, this is the start but I want you to look at this and also look at it in terms of not just I know we are doing . Stamp dollars but if were going to put other money in their let's get something that would allow for commercial stop a lot of times not just in homestead properties when you have people that were in development you incentivize them to extend the major lines that makes it easier for people to commit . I think that when you make it a loan it usually I borrow $15,000 and I didn't need a substitute right then I will not borrow the money. So I'm in that category of people not rich at all but I wouldn't qualify for the grants . That's the category of our residents who get left out a lot, homeowners who struggle every day and we don't have a mechanism to help them so we're doing it with out regard to income level. >> what we're trying to propose is not just the loan portion there's also a grants program . I had to pull the money up front I would love to be in your with low interest loans because I have an issue with my control back so we're trying to help the faults in the middle to provide an option because we have periods need funding in the line but those folks will have to connect and we want to provide as many options as possible I do recognize your concern. If you have to we want to give you an ability to do it where you can pay little little. >>chair: and your situation I heard about this . You had to connect. Going to get ahead of this we need to find ways to get people who don't connect the time . That person , I don't have $15,000 right now but I can pay it back, that works out perfectly but for someone who is cool now , what are they going to do? We need something because the flip side of that is some point when we say you are supposed to connect but that only comes into play when you need a permit so I got you. If yu don't need a permit for something then we don't go out and find you for not connecting . At some point we're going to have to if we are serious about the bay some point this county and it MAY not be the next four or six years but the structure on how the attack that will have to change his heart to change that when people can make the argument but you can't take a loan and I can't afford to do it . I know we will have to lament this in some way . >>commissioner regalado: I will tackle commercial septic tanks because that comes up a lot . When you remove them your property value dolls if not because there's over 200 uses in miami-dade county that you have until you get rid of your septic tank can't have nail salon, he cares be a distillery . We don't have enough money to do this work so that's why on the commercial side what we're working on it and I that will come to the board as a change to the plan which is turning that station to resolve regional pump station and gain a benefit that because that way the zoning into his instead of money because we don't have the money to do all this work so assigned commercial because once we make that change it does a good job of taking care of itself cause the property value goes up significantly as does the uses on the residential project is different . In commissioner, harris project he has the funding so really is issue is this door to the sidewalk, he has the funding for infrastructure on the street and in a lot of these projects we do not have enough money to do all the infrastructure on the street we had money we would use it for that instead of the door design will in commissioner steinberg's district has lots of different layers so her issue is also the door to the street. I understand your point about how do we incentivize people to do but when we look these projects there is a delta on the so he will never even get to the conversation of the infrastructure on the house to the sidewalk. Right now what we're doing is crafting different vehicles that help us get this and knowing there is a series of pockets . I represent some of them, steinberg represents some of them where person is to be the same day we should have done this report along time ago because you are so close to the water and we're trying to these projects I had tried to call a system that allows us to present this neighbors and I with options as to the incentivize, stock a rock and a hard place. One was infrastructure is there you should post a but we force people to connect . This board change the rules for septic tanks so before if you didn't have an issue and you had to replace it at some point was less expensive to replace aseptic and then hacked . It's actually twice as much to get septic tank that it is to . Is there begins brought item that requires a writer when you sign your house no difference that commercial properties the property value does not go up as much . There is a value to taking out your septic tank . You don't have to worry about an inspection because it comes back that is failed you MAY not know it has failed but if it comes back that it's stable you have an obligation to take it out immediately because now it's contaminating the water and you have to get a fiberglass so there's that issue . Is going to be listed on the property appraisers website is going to be information on the and one of the things we are seeing in all our neighborhoods where we have flying is not the flying is bringing the septic tank into the homes so the septic tanks are breached and you have an inch or so this is getting into your tank so we are getting residents that are like how do I get rid of this thing ? My system is backing up because of the flooding and the issue with the storm water so there is a reason to get rid of the septic tank. You MAY not be able to use that area and if you take it out you can use the will and we want get into it until we get but I always said about this issue this is an number 28 dealing with septic disorder, how do you eat an eephant, a black I don't think we have all the solutions we have enough to at least get four or five projects going and to be able to have those meetings to help our cities. State money to do this work and their biggest issue is providing a vehicle for the door to the sidewalk . This item provides loans is very comprehensive . It has a zero interest with the stairs another option will be the financial criteria so for the funding we have now I think it is the best option so I want to thank everyone for doing the work is the work continues share advice . >>commissioner higgins: I hope commissioner gonzalez was listening about how to be short . >>commissioner regalado: it is my favorite topic . >>chair: commissioner bastien . >>commissioner bastien: my thoughts are somewhat aligned to the comments that have been made earlier. I do thank the makers of this item for doing a great job with it. Probably know well always be the elderly and those on a fixed income who might be in the group that commissioner regalado was talking about to even move this change but because they do not have the money and they know they cannot borrow , they will not be ale to fall into the category of people who borrow money. But they're all our those that will be considered to help these people who cannot afford to borrow because there is a difference between meeting the service and I know a lot of residents who do need it and even those residents who have emergencies and cannot afford it but if they do they will not have any means so moving forward the work will continue and there will be clarity on what exactly and how we plan to support those who will not be able to afford it but we leave them behind and I'm going to support the item I want us to have clear standards of how we will support those who are unable to afford it. Thank you so much. >>chair: commissioner steinberg and commissioner regalado . >>commissioner steinberg: I want to assure everybody that this is a mechanism to get another tool on the toolbox. We're looking at all the various ways to make sure we ease the burden at the same time encourage the conversion from septic disorder so we are looking at creative solutions from loans to grants so I appreciate the support and I'm sure the report that comes back will lay out more information as to how it will be implemented and this is a little ways away that we are trying to lay the groundwork to make sure everything is in place for which that time comes we have the mechanism to help and is this the supplemental are discussing now? >> there was a motion made to amend the item for the printed supplement . >>commissioner bermudez: obviously this is taking into account everybody's concerns. I don't think this conversation ends here but I want to point out to my colleague commissioner bastien that part of the reason we have the grants program is worse those who have less. That is the reason we came to an agreement not just limited to a loan program but also programs that offer because they do not have the income to number one , do this but having a loan would not be the best way to do it . I hope we are able to get that information to those new people in the district as soon as possible. >>chair: I would add I think the grants progra