Board of County Commissioners - Regular

>> test . >> good morning to all. >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: >>commissioner milian orbis: >>commissioner regalado: >>commissioner steinberg: >>commissioner mcghee: here. >>chair: >> we only have seven members present, we do not have a quorum. Six members present, sorry, we don't have a quorum. >>chair: seven is quorum, give it a minute but stay seated, we have commissioners in the back walking in. All right, clerk please recall the role. >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: >>commissioner milian orbis: >>commissioner regalado: >>commissioner steinberg: >>commissioner mcghee: >>chair: >> we have nine members present, we have a quorum. >>chair: 6 to 9, jst like that. If everyone could stand for the invocation given today by pastor xavier jones from transformation church of miami at the invitation of commissioner cohen higgins followed by the pledge of allegiance by commissioner steinberg. >> let us pray. >> we come to you this morning acknowledging you are the GOD of all wisdom. We ask your word today would remind us of your wisdom. We pray according to james one and five that says if any lack wisdom let him ask and you will freely give, today we bless we pray you would bless every staff member, community leader gathered in this room. Guide their thoughts, stated their emotions, align their decisions with justice, compassion and well-being for every resident and employee of miami-dade county. Give us unity without uniformity. Conviction without hostility. Progress without leaving anyone behind. Let peace rule in this meeting, clarity guide every conversation and integrity steer every decision. We pray for divine protection over every first responder and we pray today your steady hand would be in this room. It is you and your name we pray, 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: you MAY be seated. All right, good morning. all right met an attorney before we get started guys once again I did this at our last I guess it was committee, it was zoning and cgmp but now that we are at a full board I want to take the opportunity to welcome commissioner vicki lopez to rds and our first board of county commissioners meeting so that deserves a round of applause. [Applause] All right, is it in order for me to move into reasonable opportunity for the public to be heard? >> can I take a oment and a privilege to recognize the two national guardsmen injured and killed in washington dc. Yes please, if we could take a moment of silence for specialist sarah backstrom who was killed and sergeant andrew wolfe who was wounded. >>chair: please rise for a moment of silence. Thank you. Thank you for that, commissioner. Mme. Attorney . >> yes . >>chair: I will open up reasonable opportunity for the public to be heard, when I see your name and state the item you're speaking on and you will have two minutes to speak. I have mercy perez and e cel rodriguez. Mercy perez. >> my name is mercy , address is 14960 sw. 74th ter., miami, fl 33193 . And it's regarding item 1482. About the recall. I'm a little bit upset that we didn't know , that this wasn't available for us until we started doing the petitions and with back and forth going to the cerk's office and legal office we didn't know anything was going on until recently lst week that we did not have an art department to do the recall. So I am for it. It's our right, taxpayers rights to do a recall on a lcal official not doing the correct job. So again, I am for it, I think we should do it and in change.Org there's a lot of petitions going on and knowing you there was no department available or that so I am for it. Thank you. >> is cel rodriguez. 9880 9880 kendall doctor I'm going to talk about the recall. [Speaking spanish] >> the right that people have to remove an elected officer once he or she betrays the public trust . >>speaker: [Speaking spanish] >>translator: what we see in miami-dade is blocking practically speaking with creating confusion, silence and rules are not clear to the common citizen. >> here they official representatives have titles and offices. >>translator: I'm talking about the board of county commissioners, mayor's office, the lawyers from the county and the administration executes these rules. >>speaker: [Speaking spanish] >>translator: if the county and administration do not publish very clearly on the legal base what applies and what does not apply, this is not a technicality. This is just a way of blinding the power. >>speaker: [Speaking spanish] >>translator: concerning elections the office administrates elections should orientate clearly where to start and where their confidence finishes. Without trying to confuse the public. >>speaker: [Speaking spanish class the government works for the people. If the recall becomes impossible due to its design or due to negligence then miami-dade's failing their basic obligation which is there accountability. Thank you. >>chair: thank you very much and without reasonable opportunity is closed. Those were all the public speakers I had time not. Is it in order to set the agenda at this time? >> I have preliminary matters and changes, 8 a1 and 882, senator garcia is adding his name to the pull list for those items. On item 8a3, commissioner bermudez is releasing his paul, he was the only pollen commissioner so with the setting of the agenda 8a3 will be approved. On 8a4, commissioner bermudez is releasing his pull and the senator garcia is adding this item to the pull list so 8a4 will remain on the pull list. 8a5, senator garcia adds this item to the pull list. 11a4 and 11a6 poll by commissioner orbis, they have an amendment. Commissioner orbis, they wish to merge the two items, if I can read the item now we can approve it with the setting of the agenda. >>chair: works for me. >> this would be an amendment to item 11 a6 to amend section 2 to require the report pertaining to the financial dependency of the legacy cbo's also provides historical context for how long each organization has received county grant funding and amount of the grant awards, any other funding they receive from the county and any other funding the organization receives from the state federal and private funds. The report should advise any duplication of officers or staff among multiple legacy cbo's so with the setting of the agenda item 11a6 will be approved as amended and 11a4 will be withdrawn. >>senator garcia: if I MAY co-prime that is fine, the co-prime makes it more difficult to work on the item but I am happy to pile on. My item already had the legacy cbo's, it's just adding the request to make sure everything is in their. >>chair: so it's in the right posture at this point, mme. Attorney. With the setting of the agenda we will approve that . >> and 11a4 will be withdrawn. We also have on 11a14 and 11a15 he is releasing these items so with the setting of the agenda 11a14 and 11a15 will be approved. I just received two additional pols, item 8p3 and its supplement, she's adding this item to the pull list. >>commissioner cohen higgins: I will release that . >> with the setting of the agenda 8p3 will be approved and commissioner higgins is pulling covid 11a9 so those are all the pulls, additional request for cosponsorship, senator garcia will bifurcate item 5a and he wishes to cosponsor. Senator garcia cosponsored 5a and cosponsor 11a6, 11a7, 11a8 and 11a13. Items considered will be those listed with final scriveners errors noted in the CHAIRMAN's memorandum and the items I just mentioned, commission will approve these items by a final vote accept ordinances for first reading public hearings ordinances set for second reading, items 8p4, 8p5, 8p6 which must be voted on separately and these are not on your pull list. The following pull list items, item 2b3, 8a1, 8a5, 8h1, 9a2, 14a2 and 14a3. A motion to set the agenda is in order. >>chair: commissioner bastien on the agenda. >>commissioner bastien: I would like to co-prime 8m1 . >>commissioner bastien: m as in mary. >>chair: accepted by the sponsor, commissioner regalado on the agenda. >>commissioner regalado: to cosponsor 11a14. >>chair: show commissioner regalado cosponsoring 11a14, any additional cosponsors, all in favor of setting the agenda signify by saying aye. All opposed, nay. Show the agenda past. Commissioner gilbert, you are recognized. >>commissioner gilbert: I will move the 14. >>chair: 14s moved by commissioner gilbert, second by commissioner cohen higgins. Seeing no discussion all in favor signify by saying aye. All opposed, nay. Show 14s past . >>commissioner cohen higgins: I would like to move the airport items. >>chair: don't you have to do one at a time? >> first one is 8p4 . >>chair: second by commissioner gilbert, all in favor signify by saying aye. All opposed, nay., next one. >>commissioner cohen higgins: I move 8p5. >>chair: second by commissioner regalado, all in favor signify by saying aye. All opposed, nay. >>commissioner cohen higgins: 8p6. >>chair: second by commissioner gilbert, all in favor they aye, all opposed, nay. Show past as well, that was the last of the airport items so shall we move into first reading at this time? , go ahead and read the iems . >> 4 a, relating to the better building community amending section 1801 , two b 1803 and two b 1805 of the code rferent removing language referencing the county manager and updating language pertaining to committee member attendance, providing severability inclusion in the code and an effective date. 4b is ordinance authorizing issuance from time to time of miami-dade county, florida aviation commercial paper notes in an aggregate principal amount not exceeding $600,000,000.00 outstanding at any one time for purpose of paying or reimbursing aviation department, together with other available funds and revenue, for cost of certain improvements to countyc/b?B=s airport facilities pursuant to provisions of amended and restated trust agreement, including section 212a thereof; providing for establishment by subsequent resolution of terms, maturities, interest rates and other details of such notes; providing for such notes to be payable from the proceeds of aviation revenue bonds authorized and unissued; authorizing and directing the officers, agents and employees of the county and of the trustee and co-trustee to take all actions required by such notes, the trust agreement, and the provisions of this ordinance and subsequent resolution for the full, punctual and complete performance of all the terms, covenants, provisi. 4c is a ordinance creating and establishing a special taxing district in miami-dade county, florida, generally bounded on the north by sw 194 street, on the east by theoretical sw 126 avenue, on the south by theoretical sw 194 terrace, and on the west by sw 127 avenue, known and described as global estates multipurpose maintenance special taxing district; identifying services to be provided; authorizing and directing the county mayor or county mayorc/b?B=s designee to cause to be maintained and operated various public improvements; and providing for exclusion from the code and an effective date. Those are your first reading items. >>chair: any bifurcations on first readings? Commissioner gilbert moves all first reading items second by commissioner lopez. Clerk please call the roll. >>. >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: yes. >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: yes. >>commissioner milian orbis: yes. >>commissioner regalado: yes. >>commissioner steinberg: >>commissioner mcghee: yes. >>chair: I vote yes. >> motion passes unanimously. >>chair: public hearings at this time, MADAM Attorney. >> first item is 4a naming the new tiger habitat as desel milton family foundation tribes of sumatra and its supplement, 5b transportation of legacy lv one owner llc for establishment of the community development district bounded on the north by southwest 344 street and on the east by southwest 1 96th avenue and on the south by southwest 348 street and on the west by southwest 199 avenue providing name powers and duties providing description and boundaries providing initial members of the board of supervisors accepting declaration of restrictive covenants providing severability exclusion from the code and an effective date and its supplement, 5c approves the plan of delmas north apartments, 5d amends section 33 b one of the code, clarifying standards and procedures applicable to certified covert recovery residences providing process for certified recovery residences to obtain reasonable accommodations from land use regulations amending section 33 b 304.2 providing completeness review period providing severability inclusion in the code and an effective date and the supplement those are your public hearing items. >>chair: I have no public signed up to speed on any of these items, public hearing is open, it's closed, any bifurcations? Seeing no bifurcations you I have a motion, commissioner gilbert moves the five second by commissioner regalado, call the rule. >>commissioner bermudez: >>commissioner cohen higgins: yes. >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: >>commissioner hardemon: >>commissioner lopez: milian orbis: >>commissioner regalado: >>commissioner steinberg: >>commissioner bastien: yes. >>commissioner mcghee: yes. >>chair: I vote yes. >> motion passes unanimously. >>chair: MADAM Attorney can we move into second readings. >> 780 relating to the children's trust amending chapter 2 of the code revising membership of the governing board and term limits to conform to amendments to section 125.901 florida statutes letting severability inclusion in the code and an effective date, 7b relates to the rapid transit system development zone amending section 30 3c2 of the code of miami-dade county providing severability inclusion in the code and an effective date, 7c is an ordinance related to zoning in unincorporated area creating section 33 b 284.6 3.3 of the code of miami-dade county to create the trail connector subdistrict applicable to certain parcels on the west side of sw. 78th avenue providing for development standards and related regulations applicable to parcels within the subdistrict providing severability inclusion in the code and an effective date and I have a request to bifurcate 7b. >>chair: item 7b is bifurcated, do I have a motion on the other two, by commissioner gilbert seconded by commissioner lopez. You are recognized. >>commissioner cohen higgins: MAY I please be added as a co-prime on 7a. >>commissioner regalado: can I bifurcate 7c to mke an amendment? >>chair: we might as well take each one separately, motion on 7a so senator garcia moves 7a second by commissioner steinberg . >>senator garcia: and release 7b. >>chair: so you're going to move 7a and 7b. >>commissioner bermudez: >>commissioner gilbert: can you ask people in the audience over here to stop talking. Noise. You can call it that, sorry. So background noise then, we will go back to background noise . Commissioner hardemon is not paying attention but he's paying attention. We've got a motion on 7a and 7b. Second by oliver gilbert. Commissioner steinberg doesn't want to second the two of them, please call the roll. >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: >>commissioner hardemon: >>commissioner lopez: yes . >>commissioner milian orbis: yes . >>commissioner regalado: yes . >>commissioner steinberg: >>commissioner bastien: >>commissioner bermudez: I'm going t say it loud , yes so commissioner gilbert can hear me. >>commissioner gonzalez: >>commissioner mcghee: >>chair: I vote yes. >> motion passes unanimously. >>chair: you are recognized on 7c. Explained the committee it's taken us 2 and a half years to get this done because it involved a land swap with mdx which then became gm x so this is an item that impacts the back of dadeland, there was a legislative hold on the ludlum trail s I could not say I am connecting the underline to snapper creek so I had to stop at the foot from the london trail in my district so I just wanted to see if it was okay with commissioner orbis who has a hold to mention one woman in the items so we can connect the underline to the ludlum. This creates a 26.5 mile trail when you put them all together. Happy to stay have a foot from the ludlum but I would like to connect all three trails if that's okay with commissioner orbis as she has to hold. >>commissioner milian orbis: I think we should have met before this, perhaps we can add it at a later time. Have a sunshine about it. >>commissioner regalado: the item is moving forward, this is part of the ludlum trail in my district, where adding a piece of underline that will connect to snapper creek. It's just a half a foot. There's nothing to do after. It will be built with or without a half a foot. >>commissioner milian orbis: I have a hold for a reason. >>commissioner regalado: I'm happy to move the item. >>chair: moved as is without the change, moved by commissioner regalado, second by commissioner gilbert. >>commissioner gilbert: I had a question but I will seconded. >>chair: you are recognized for a question. >>commissioner gilbert: we had a festive day, what just happened? Don't ask, okay. >>chair: we have a motion, we have a second. >>chair: this is a pulled item, where are we? Please call the roll. >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: for. >>commissioner hardemon: >>commissioner lopez: >>commissioner regalado: >>commissioner steinberg: >>commissioner bastien: >>commissioner bermudez: >>commissioner cohen higgins: >>commissioner mcghee: >>chair: I vote yes . >> motion passes unanimously >>chair: now we will move into the pull list . >> commissioner orbis would want to be listed as a cosponsor . >>chair: show commissioner lopez cosponsoring. >> 7b and on the pull list would you want to go in order? >>chair: is this one of those things where commissioner gilbert is doing things and other members districts? >>commissioner gilbert: she asked me to take the item but she can be listed as cosponsor. That thing, yeah. >>commissioner lopez: I am grateful to commissioner gilbert having led that in my absence . >>chair: not so much to commissioner, let me not get into that. Pull list MADAM Attorney, it is 2b3. Commissioner from the district 12, you are recognized . >>commissioner bermudez: can't say the same about me but anyways. Welcome again vicki, great to have you here. I will support this item obviously but the only thing I want to tell the administration 's I want to make sure we keep robust metrics because you have a clear understanding of cost. I've been harping on metrics, I know the mayor has heard it, MR. Moore alice has heard it for years and the only thing I want when we have these pilot programs, let's keep in mind we have good metrics to see if it's something we are doing. I'm going to support it, I'm supporting the item, just wanted to say that on the record because in the past I've expressed my concerns that the metrics are key because you can't manage what you can't measure so anyways I will move it. >>chair: moved by commissioner bermudez, second by commissioner lopez, all in favor say aye. All opposed, nay. Joe item 2b3 past, item 8a1, commissioner from district 12 you are recognized again. >>commissioner bermudez: 8a1, I'm going to say comments on both because I think I pulled both of the items if I am correct. >>chair: you are correct . >>commissioner bermudez: I will make my comments on both so it will be duplicative and I will support these items but I need to get an idea of why the concessionaires which were shortlisted by this board and I would vote against and I did it again at the 11 vacant spaces in the airport, we need to get a report where we are on those agreements . Has any of the 10 entities awarded expressed they are not interested since some of them are coming down from atlanta, maybe because they didn't get the space they wanted, have we started going through the pool that the rest of us that weren't, that had to put it out to our community later on as to who would be interested, has there been any discussions with anybody else basically let us know where we are at because I was not enamored of awarding contracts on the dais, still am not without going through a process which we did that day, that's why I voted against it though I would like to know where we are at with these concessionaires? That a question to the administration or do you want to get a report? >>commissioner bermudez: I'm asking the administration because I suppose they are the ones responsible. >>chair: I have also not been updated by the airport or by the administration as to who finally got in, who didn't so I don't know if that's taken place, it MAY not have taken place chief. In town, I love it. Please introduce yourself and give us the answer if you MAY. >> basil benz, deputy director miami aviation department. >>chair: give me a second, I don't know where it's coming from, from behind commissioner lopez but it might be from the audience, much better. >> to your question about what we call list the board directed us to consider for concessionaires that did not make, did not have a presence at the airport to get an extension. I'm going to start over, I apologize. >>chair: we have a new coffee machine in the back. Has cappuccinos, the holding. >> we are establishing a pool of concessionaires that will consist of the 45 concessionaires we were directed to engage by this board. As any spaces become available we will go to that pool to select other concessionaires . >>commissioner bermudez: I'm going to support the item but I would like to ask a question of basel now that we have him here, now what happened with the original 10? Those 12 concessionaires now. >>commissioner bermudez: somebody added to. >> we expect to have all those agreements done by the end of the year and we will move forward to that list. >>commissioner bermudez: I don't have a problem with it but I'm not going to let go of giving contracts from the dais , not going to let it go. I'm going to make it, I'm like a pitbull on this one. and I'd like to know what's going on because if the chair doesn't know which scares the heck out of me to then it's an issue. I don't know if there will be other comments but I will move the item if there is a second. >>chair: moved and seconded. >> senator garcia as well, both items. >>chair: I know, give me a second. Commissioner cohen higgins. Senator garcia has another pulling commissioner and possibly 8a2. >>senator garcia: it's the same thing but a different path, there was an oversight that was made on these contracts. I know the contract was executed in APRIL. What was the mistake, who made this mistake and first of all mec, who made this mistake, who had oversight? >> when we brought the item to the board for consideration we used our standard form agreements, that the agreement majority of our concessionaires follow. These two before you today are anomalies in our contract no duty-free contracts are different where we charge a percentage of us the rent. And globals in particular , they have a provision in their contract where their rent is included in their gross revenue so in order to separate them and bring them more in line with what should be traditionally we made those amendments. >>senator garcia: so are those amendments in the contract itself that these amendments can be made? I know, in the actual contract the county went into with a vendor, is it in the contract , does it state these amendments can be made? >> I don't think I understand your question. >>senator garcia: this is what I'm getting too, as the county operates we have a boatload of attorneys, county mayors office, attorneys for the airport and yet we come up with a contract that is in error. That we the county if no one's picked up this error we've lost $4.5 million so my question is within the contract itself because in the private sector if you enter into a cntract with someone you are bound by the contract. Whoever's fault it is you signed it, you negotiated that contract, we presented that contract in good faith from the county to this vendor. I'm going to go ahead and approve this but my point to you is I want to find out what happens, because far too often in this county we see issues that come like this before us every single time and we stopped questioning it, what happened, what will we do to make sure this doesn't happen again, was the county attorney's office involved, who were the people involved in this process to make sure this doesn't happen again. >> we knew there were two outliers and in order for expediency so we could get the item to the board quickly we brought the standard form of agreement knowing we were going to bring these two amendments later so we had conversations with both of these vendors and they agreed to the provisions in the amendment and to bring these items separately. >>senator garcia: are the vendors here because my question is how do we know that was the case? >> they signed these amendments . >>senator garcia: but at the time they signed these did they sign the amendments of the tame time? >> commitments were not prepared at the same time, we prepare the amendments afterwards. >>senator garcia: my question is what are we going to set in place to make sure when we offer these contracts that we don't find ourselves in situations where we have to come back and amend these contracts. >>chair: you are recognized mayor or chief. >> jimmy morales chief operating officer, we have I don't know how many concessionaires. >> we come up with a standard agreement that tries to cover all of that but there are anomalies because of the nature of the business and what I'm hearing basil safe we came up with the standard agreement so you all would approve knowing at the time and I think the two concessionaires new at the time they were going to be amendments to reflect the nature of their business and I think they wanted that so I don't think not to disagree, we knew it would be different and we wanted at least a standard form to be approved which covered all but two. We knew this was a process, >> when what is this agreement signed. >> agreements ere brought to you on APRIL 1. Executed I believe within 45 days. >>chair: when was this signed with the concessionaires? >> within the last 60 days. >>chair: can you give me the dates. >> I apologize to slow down the process but I understand it's normal operations. >>commissioner bermudez: you don't have to apologize, when everybody asks a question let them ask the question. >>chair: I would like to know what's the, what are we trying to get to because I want to understand . >>commissioner bermudez: I want to know what the signing of these contracts are, we signed one contract. >>chair: the senator has the floor. >> the signatures are not on the signature but I can get that information. >>chair: we have to be ready to answer questions of this port, you and the administration. You're asking me to vote on an amendment to a contract that seems to me it was done in error that there was an omission and yet I asked certain questions and I can gt those dates. And then we're all expected to vote on tis in good faith. This is where I'm starting to have harper and this is happening more and more with this. I have folks that stand up here that don't necessarily always speak in truth, I'm not saying that's what you're doing, I'm seeing others. This is where I start questioning some of these contracts coming for us. >>commissioner bermudez: I agree with the senator but to MR. Moore alice and the administration and also to you, I think accountability is a metric. And responsibility is a metric. I understand that these are standard contracts but we should be told by you guys we are signing when you are of your before you could have said not you per se but in his vision could say we are signing this contract with the understanding some vendors MAY require an additional change. Actually you should have done it at the time. That's why I think we need to measure these things and that's why I think we need to have accountability as a metric, simple as that. This is as bad as the surprise i received when I found out there were 12 concessionaires. On something else we were voting on which I had no clue and neither did several members of this commission but I would say to answer MR. Moore ounces I agree with peter garcia and I think accountability can be a metric area . >>chair: I will go to district 1 and district 7. Second bite at the apple so I will leave you for last and you can get it in at the end. >>commissioner gilbert: I do agree accountability and transparency there are both metrics ad they are very nice terms. That's not why I'm here in here though. What I'm hearing here is we are creating a straw man argument like we created the bogeyman to say something went wrong so we asked staff the question. But the question was how did this amendment come to be, we said we brought you standard agreements understanding we would have to bring these amendments later. This is the later. So I agree with senator garcia that sometimes things come for us that are not necessarily as thorough as we would like. But I don't see this as one of those things. When I was briefed on the item I understood completely this was part of the process, I understood how the initial agreements there was a rush. To get it before us, I understood all those things. and so I don't think this is a big deviation especially since this is the key. If you were actually doing something to concessionaires at the airport that they wouldn't, they didn't like and in support, they would be here. And we would all have been lobbied at nausea and to not support it. So that's the key indicator that is a part of the process they agreed to because they're not objecting to it. And so I appreciate that we want transparency and we always want up-to-date clear concise information. I appreciate we would like to see things once and we don't want to do amendments but we're amendments are part of the process and they are agreed to buy concessionaires, I don't necessarily think it fits into the other category that and I think senator garcia is right that in the past we have gotten things that I would prefer, a different way and be better prepared. But I don't see that this is one of those things MR. CHAIRMAN, thank you. >>chair: before you go to regalado. >>senator garcia: real quick . >>chair: you are not rebutting . >>senator garcia: I get the issue of the concessionaires and they were upset they would be here, this is more about the process itself and when you look at the memo it says here under the background line 3 this is where this is sparks my interest, JULY 14 to the rent payments and outside investment payments or inadvertently not aligned with those of contracts. Something was left out. If we have all these professional staff , why was something left out, that's all I'm trying to question here. >> mission or from district 7 . >>commissioner regalado: I usually do have to wait till the end. I wanted to point something out. I appreciate it. I think commissioner gilbert's point is interesting but I think it's kind of apples and oranges. The concessionaires that are included in this and the terms being changed is obviously fine by them, if not they wouldn't be here but that wasn't the original problem. The original problem was who gets to be a concessionaire, that was the original issue. That's the issue we brought up, why is that this is offered to a select group of people and I think that's an issue that is not in this item but obviously that is the issue that is the undertone of this conversation . Helpful if staff understood that from our perspective especially those of us not on the airport committee, where not on the airport cmmittee, we don't et to vent this at the committee level. There is in our community a large misunderstanding about how the airport works. we are all sensitive to that and that's why you should endeavor to be as competitive and as transparent. And as forthright as possible. So I was briefed on it. I didn't have issues with this item but I I don't think this is about this item, this is about the concern with the lack of process that began this item and I think that is something legislatively that we could tackle. Because commissioner bermudez is right. It was a last minute addition to a very complex item and this board , the people who sit on this board might never vote on concessionaires again because of the long-term aspect of the item approved on this day us that being said we are not precluded from legislatively learning from the process and ensuring it doesn't happen in the future cause at the end of the day where you get the mistrust in government is when people believe that we are picking winners and losers and deciding a procurement process from the dais so I don't think it's about this item, I think it's about process . >>chair: commissioner hardemon. >>commissioner hardemon: the mistrust in government doesn't come from the government, the people to the government, it comes from individuals like us who sit on the board and what that means is whether you can have a discussion with the department, a discussion with leadership and say what is the vehicle we need to move this from here to there, from point a to point b understanding carrying that load we want these certain characters and then along the way after we've resolved the issue you realize that hey, you have a few extra characters on your back when you carried it from a to b, this isn't necessarily described the way we thought it was to be described because instead of including new individuals you have new individuals and all individuals wearing masks. As new individuals. There are a lot of these issues I think that creates the mistrust in government when we go about doing these things and the reason you don't see the individuals, I can't say that for certain what what I'll say is this. When I think about why people are here and why people are not here of course they want this item to pass but I think understandably so no one wants to have a conversation about what was going on at that particular meeting and clarifying what it is we meant. Because I think there's clarification that needs to be had about what we need to do that day on the dais but you realize now, everyone realizes now this thing is so far beyond sort of our grass especially for the concessionaires that were historic in the airport. They don't have to ever come see you again. They can frget about. They never have to see that person again. Forget about it so when we talk about a rush, we rushed things. We didn't take the time to actually insure the provisions we needed in place were there and so therefore from that point I do have some sort of leniency towards the administrative arm of our airport because they tried to implement what it is we told them to implement and we gave them a mess. We gave them a mess and a rush and expected it to come out the way we intended to, we should have taken more time but we haven't and we are here now. I think there is a discussion we need to have with the airport, there is a discussion we need to have with the administration that spells out what we are trying to do. Certainly the conversations, certain things were not necessarily codified the way we thought they should have been which I think gives better direction to our administrative arms so that we understand what's happening but truly what's happening at the airport for many people is a mystery. It's a mystery as to what days or locations are available. It's a mystery about how people negotiate from one group to the next, it's a mystery about why does this person and not that person, it's a mystery how people come into our airport and we lose. Oliver gilbert you remember this discussion, part of the reason we started this discussion about using was in particular because we were concerned the airport didn't reflect the community. And then from the agreement we ended up making with these concessionaires we start to lose people who are historic to our community that were already at airport. Intention. What I would like to see to summarize my comments to the airport is our recommendation, we don't have to make it here necessarily but at least a recommendation to my office that says if we're having these troubles , if you can help us clarify these things with some sort of direction from the board , help us get back so therefore then we can do the things we initially planned on doing because I know the airport understands this mission, it's just that right now we as a board find I a difficult way to get it done so what I'd like to say which is what commissioner regalado said on the record is clarity not just for the people of miami-dade county but clarity for us and I think if we have that we can have that tough conversation as it seems people are afraid to have about these issues but also move on because at some point we need to move on because there is no real opportunity to make changes in the airport for how many years, is a 25? >> it's 15. >>commissioner hardemon: 25 because the next group that comes in says, that's what happened to us. But hopefully this bard really does want to have that conversation and we're not just playing lip service because the airport needs to improve, it needs to be much better. When I visit other airports and I see the offerings they have, the way they provide service, that's what this is about. It is about making sure our airport is competitive, we are blessed being in south florida but it doesn't take long for people to say maybe south florida miami isn't the place to be, maybe there's a better spot we can have that away from self florida that doesn't trouble us to travel another 35 minutes four, maybe we don't become this not only destination for people but also cargo, maybe we can find a way to get it cheaper. I can't say that on the record, but if we could find some small town that's just near us that hasn't quite made a splash yet that's looking to improve on their economic condition and that becomes the new airport. And there's only 45 minutes away area so I think we really truly have to think about what it is we are offering people to know that we have the cargo but how we treat the people, the people that come into our airport, the service we offer people in our airport, how it is we present ourselves to them is important and all over the world airports are doing better and better. I know we intended through this item to make improvements because in our item is baked into it a certain percentage of investment that must be had. But it's not a real imaginative investment, it's not someone coming in saying we want to do things differently, what it is is is a refresh of the spaces that are there and some understand that so we will have that but it doesn't change the way people see and use and consider airports and I know that you all serve at the pleasure of the mayor and we can appreciate that. I wish you all the creative freedom you need but I truly mean it, if there are things you believe that would be best presented from this dais that would make improvements to our airport I would like to hear it . >>chair: with that commissioner cohen higgins moves item 8a1 and 8a2, all in favor say aye, all opposed, nay. Show items 8a1 and 8a2 past, commissioner cohen higgins MAY have a motion at the end of the meeting but if it has to do with airport I will recognize you now that staff is here. >>commissioner chen higgins: thank you for the interest in our arport, and to our deputy director I do want an update on the bristol issue since we are having an in-depth discussion about time sensitive issues that are airport. Negotiations are ongoing, they've been ongoing and I do want to put a deadline and a cap on those negotiations because the bleed continues month after month. i know we're working on it, it has been where we spent but I really think a deadline needs to be placed on the bristol negotiations so if you can illuminate us with a brief update I would appreciate it and my intention frankly is assuming our CHAIRMAN Agrees and finds this permissible I would like on our DECEMBER 16 agenda iem should negotiations and at an impasse a decision to be made by this board on how we are moving forward on the issue so it's not carrying forward into 2026. >>chair: before you answer, thank you. To add to that and you have no reason to know this but I've been fairly involved as a chair, not just by the 16th but I understood I was supposed to receive an item to put on the agenda for today's meeting so can you give us an update, why don't we have an item for today and we're putting at risk, I mean, we just extended security contracts to protect our staff and employees yet there's 200+ employees at risk if american airlines decides to move their business elsewhere because we can make this decision, what's holding us up? >> late last week we received appraisals from I'm sorry, late in the week before last we received appraisals from bristol. Bristol made modifications to their appraisal. We got back. We've had conversations with bristol and we are set for negotiations as recently as yesterday I had a conversation with bristol and we did agree to set a date and if this board directs us to a specific date to end our negotiations and bring something to the board. >>chair: whatever that date needs to be on your end prior to make it to the 16th agenda and because you know this now don't bring it as a late item, give me the week I need agenda it properly so a week prior to that I need to have the item on my desk and have time to review it and we will make a decision on DECEMBER 16. You are recognized . >>commissioner bermudez: if it needed a second I would do it. I certainly this is MR. Chair if I MAY if you haven't been briefed and imagine how the rest of us feel so it's about the process and it's not just about hazel is here and airport but it's across the board but the airports, as a commissioner of district 12 most businesses, I probably have the most businesses that work with the airport and it concerns me and let me say something about the process, the process always has to be improved. You've always got to make it better. One way to make it better is to make sure things don't land on our laps at the last moment so we can make as the elected officials a conscientious and good decision whether we say aye, no but the process is important and the improvement of te process continues to be something, we should always be improving. But that's the way. So if this is going to go I'll second it if it needs to be seconded and if not it's up to your pleasure . >>chair: for all intents and purposes a directive that the administration or airport brings an item at least a week before the next meeting which is DECEMBER 16. On the bristol. Seconded by commissioner bermudez , commissioner gilbert you are recognized. >>commissioner gilbert: I'm completely comfortable whatever the will of the board is but we should be mindful we don't use a time constraint imposed by us to prejudice our negotiating position. Because it is an actual negotiation. If I were somebody who's negotiating in opposition to us right now, I would know that time wasn't on the county's side because we have to do rush the agreement so I'm comfortable with this meeting, I'm more comfortable with us having the very best deal we can for the county so whatever that process needs to be it needs to be, if you're saying you want it on the 16th and you have to have is a week before that so you're saying to staff they have to get it to you next week. So that's what, if. >>commissioner bermudez: I understand commissioner gilbert's position and I don't disagree with him. Since he gets the last word aparently. >>chair: I will call you now trust me, commissioner gilbert , you have the floor. I cught the first half . >>commissioner gilbert: we ought to be mindful our actions don't prejudice our position. I want us to be careful with that, you're saying the item has to be on your desk by next week, that means they have to negotiate this week so assuming they want to there's no guarantee the other party is available during that time. I think we've got to temper our expectations about that. Based on the availability at least of the other party to negotiate. They can't just do it. >>chair: everybody hold on for one second. So just to verify on your motion when you read it or what not I need it by this thursday . DECEMBER 4 is the day. And to commissioner gilbert's point, if they don't want to or make themselves available to negotiate we will make the decision for them but before DECEMBER 31 this board needs to make a decision or there needs to be a negotiated agreement because american airlines hasn't said this but they need to mke their own decision as well and I'm not risking one of our largest corporate partners of this county to take that business elsewhere and vacate 200+ employees. I understand your point, I agree with it but we do need to make a decision by DECEMBER 31 and our last meeting is the 16th so the motion. >>commissioner bermudez: I'm going to support the motion, I didn't know there would be a solution to extend it to JANUARY, I'll leave that up to commissioner cohen higgins but I want to clarify something, if we are trying to get the best deal for the county and the rules are x then I don't care how high price they have, the rules of the game or ask. Part of negotiation is trying to delay things so then you force the county to enter into a bad deal. I respectfully disagree and agree in part with commissioner gilbert because of the fact if I was a vendor and I'm not but if I was and I knew I was negotiating with the county and this is the problem we've had with rrsps, are rfq's, same thing happens. We need to have a clear process and if I was a vendor and I knew this day is here and this administration would say these are the rules and you've got to follow the rules that I would probably tell my counsel or whoever's negotiating the deal whether it's the ceo of the council or whatever these are the deadlines, we need to do it by this date and that is what I mean when I say we need to improve the process. Very simply put. It doesn't mean I want the worst deal for the county and by the way if there is an agreement and at some point there is a better deal to be had by the county and the vendor, they can come up here and say guys, I'm giving you a better deal, I don't think any of us would say no, we would say yes so that's all I've got to say, whatever commissioner cohen higgins wants to do. >>chair: you are recognized. >>commissioner cohen higgins: thank you commissioner bermudez and gilbert, all of which I agree with, how long have what we been negotiating bristol? >> we've been in direct negotiations since we received appraisal. >>commissioner cohen higgins: no, no, number how long has the bristol issue been an issue where we have been in a situation we have been trying to rectify where we had to order appraisals but the negotiations commenced way before, that the order was received recently but negotiations commenced before that though with that clarity how long have we been negotiating? >> this conversation has been happening well over a year. >>commissioner cohen higgins: and our largest airport partner is bleeding month by month, we are dealing with a hostage situation similar to port miami. A deadline is being asked because it is far overdue know when we have our CHAIRMAN Being DECEMBER 16 where it should have been today it is accurate and factual and I want a closure to this issue so we are saving hundreds of jobs and we are saving our largest airport partner. Thank you so I don't know if there needs to be a motion made, it's been moved and I think commissioner bermudez seconded the motion, we need to bring this in for a landing, there are availabilities with no consequence, if they are out on holiday we will take action as a board, we have that power and we will utilize it to I hope I have my colleagues support on setting a deadline to get tis lane landed no pun intended. >>chair: to clarify the motion is a directive to have by this thursday and item for the chair I.E. Yours truly to place on the agenda for the DECEMBER 16 meeting. That has been moved, seconded . >>commissioner hardemon: you already have a motion on the floor. The motion was made by commissioner bermudez and seconded by someone else, initially a motion to approve the item. >>chair: commissioner bermudez seconded it. Vice CHAIRMAN. The items have been approved. This isn't, is that what you're asking? The items were approved already. Those were approved. We are on, this is a discussion on chief morales. >> jimmy morales chief operating officer, we keep referring them to a vendor, this is not a traditional process, this is an entity that has a long-term lease under favorable terms and the administration to go and also a long-term relationship with american not so favorable to american and we are trying to resolve this, they have no legal obligation to sell to us and that's why we had projected negotiations because we're trying to get the best price possible but we get the direction, we will try to bring this home quickly but that's why it's taking long as they have a legal obligation and have been pulling out for high prices and we've been working them down so I want to put that in context . >>chair: you are recognized. >>commissioner regalado: this is a complex issue and for those of us that have been briefed we know the inner workings of it and there is litigation so I will keep my comments brief but it's important for everyone to recognize this is a situation in which the life of the lease is longer than the life of the building and that's important. Because that is why we find ourselves in this situation. I think as a board and I actually have an item that looks at this on a bunch of different parcels in the airport and at the port where the county entered into long-term leases and for different reasons the lease term is longer than the life of the building. I think there is a lesson learned here that this board needs to take an official policy on. We need to take a policy position because moving forward the last thing we want is to be hijacked in this matter whether it impacts american or not it's bad policy to have a lease that is longer than the life of the building because then you have someone not investing in the capital, the building is falling apart and they still want 30, 40, 50 years. It's just bad business. So the item has been submitted for committee but I just think it's important for everyone to know there is a lesson learned from this and that is we should not enter into leases where there isn't a capitalization provision and where people are penalized for basically negotiating with the goodwill they received from the county because that's the other side of this. They received a good lease term from the county, one that is more beneficial and they continue to play on that lease to the detriment of the county and its partners. >>chair: with that all in favor signify by saying aye. Have that to me by this thursday. Back on the trend, item 8a4. >>senator garcia: 8a4 in 8a5 we have an increasing contract from mia for 15 million to 35 million, trying to find out what's the justification, why is the scope increasing? >> both these items are program management consultant contracts tied to our capital improvement program. We've advanced the timing thereby the services needed to be increased. >>senator garcia: what are the services increased? >> hill is responsible for cell terminal extension and are terminal wide bathroom project charter town center is responsible for terminal d expansion. Central terminal redevelopment phase 1 and two and I believe the modernization project for terminal d. >>senator garcia: I will move them but again, communication would be very helpful if we had medication on this maybe I wouldn't have to pull these but we are seeing an increase in the scope and we agreed to more contracts. >> the scope is the same. We've advanced the projects so the projects are moving along more quickly. >>chair: and so you are moving 8a4, 8a5 and 9a2. Commissioner on 8a4 in 8a5, that's right. All in favor signify by saying aye. The trend to commissioner from district 12 recognized on 9a2. >>commissioner bermudez: I'm going to support this but I want to make a comment because I noticed that district 12 is not included and I think it's important to include all the districts because the entire county is interconnected, whatever happens in one affects the other. Especially when we talk about environmental concerns. I think 11 maybe I am is not included but I think and look, I'm fine with it. I love tropical park, it's the CHAIRMAN's district. That's fine. But district 12 is a sensitive area, it borders everglades national park and contains the everglades national management area so at some point I just think when it's a countywide isue there's no reason why it should include all the districts. I see, I love add barnes park, that's in commissioner orbis's district. I just want to make sure everybody I included, that's all and I'm spportive of it, I love it, I'm glad for everybody but this is an issue that should be of countywide impact ad my district in particular abuts the everglades management area and I think it's an important thing. We have parks that are right there. You go to 137th and eighth. >>chair: it's been moved, seconded. All in favor signify by saying aye. All opposed, nay. Is that my last agenda item? >> you had a 8h1 pulled by senator garcia. >>chair: you are recognized senator garcia on 8h1. >>senator garcia: this has to do with parks, it has to do with a contract so I just appreciate what commissioner cohen higgins is doing but I have a question of the administration in reference to the chamber of the parks committee, thank you for giving me the ability to chair the committee and I appreciate it that I did send a memo to the mayor's office dated NOVEMBER 7, 2025 and have yet to get response. We asked for there to be responded by what was the date? NOVEMBER 21, 2025 and I've yet to receive a response from the mayor's office so commissioners I'm trying to figure out where is the funding for the program which has to do with all of our parks and in the memo I asked for a couple of iems that I will read into the record right now since I couldn't get it done through the proper channels. So please let me know when we can respond, I am asking the mayor and I would like the mayor to respond and see when we can get a response to this memo that I asked and questions are a detailed analysis of the countywide infrastructure investment program which is the budget amount for the fiscal year 21, 2021 22 2223, 2425. A detailed analysis of budget amounts and expenditures in cip for those years for the same five years by commission district, a detailed analysis of cip for the current fiscal year amount funded not funded and subsequent funding changes such as real corporations of available funds identifying the funded projects by commission district and projections for cip for the next five years. What I'm trying to do is figure out in this last budget cycle some of these monies were shifted to projects we all voted on for approval. It's not just about a media report, it has to do with our districts and yet I sent this memo out and I've yet to get a response. Though can you answer any of these questions now or see when we can get response? >>chair: mdm. Mayor for staff >>mayor cava: senator my understanding is you had a chance to meet with christina to go over the specifics to your district and I know we are trying to schedule a meeting and hopefully you will get to that this weekend we can discuss it further. >>senator garcia: that's not my question, we talk about process and transparency. As a commission, as a CHAIRMAN Of parts I asked for certain information fom you and your staff. Your staff is yet to respond. Your staff has yet to respond on information we should have in our hands and I'm trying to figure out what is the hold up because I think it's imperative that the residents of this community know exactly what is happening with this funding and especially every one of us in our commission districts as relates to funding . >>chair: can we provide him a response, the response you don't have it today is what I'm seeing, can we have a response before year end or for the next commission meeting? >>mayor cava: we've met individually with each commissioner and I understand the senator is asking for a more global picture and as we've explained we have less money than we had previously because of the actions at the state level that has compromised our ability to go forward. >>chair: please make sure. >>senator garcia: the problem is we have gotten together. I asked for these and at a private meeting I asked for it in a public setting and am not getting the answers and as a matter of fact I've been trying to get a meeting with the mayor, finally got a response before the county commission will I appreciate that and what I want to find out is why can't we get simple questions answered with information we should already have? If we've met with every single commissioner right here , that means they have it already. And I think it's important the public know exactly where these dollars are and where they are not. And mdam mayor, I've got a great deal of respect for you personally but I think it's important we respect the commission and respect the chairmanship of all of us and respect the voters when we ask for information and is not getting to us . >>chair: please put something together for the sen., I haven't seen that memo or email or by the 16th so he can have it before and express his concerns then if needed. >>chair: we will certainly put something together. >>senator garcia: not necessarily put something together, answer the questions in the memo. >>chair: that's what putting something together means. >>senator garcia: I want the questions answered. >>chair: put something together to respond to his questions of course, with that commissioner gilbert moves item 8h1, all in favor signify by saying aye. all opposed, nay. Show the item past, is that my last item on the agenda? I am going to go. We have another item? I'm going to go around now for a motion so let me start at the far end, do you have anything? You can read it on behalf of commissioner bermudez class I have other emotions that are the same , MAY I read them all together? Pursuant to rule 5.06 pursuant to rule 5.0684 of this board's rules of procedure CHAIRMAN Rodriguez vice CHAIRMAN Mcgee commissioner cohen higgins, commissioner bermudez, senator garcia, commissioner gilbert, commissioner orbis and commissioner regalado moved to extend the operable training for all legislative requests eligible for an extension made by each respective commissioner, additionally commissioner hardemon moves pursuant to rule 5.0684 to extend for 90