Miami-Dade Board of County Commissioners - Regular

>> test miami-dade . >>chair: I want to recognize shaquanda fedrick and marjorie joseph, come on down to outstanding prk and recreation employees who work at reynolds park for their courage, professionalism and support of the professional team from community service in south florida. OCTOBER 28 shop on the marjorie responded to a request for assistance from gcs staff. When the patron began to shop racially charged and anti-semitic slurs at the attendees of the staff appreciation. The way these two professionals responded is commendable. They exemplify the best our community has to offer . In the area of stewardship and leadership they are masters of miami-dade county governments. Thank you. There is no place for heat and I'll ask a member of the jcs staffing, and sare the events of that day and injuries yourself. Having us today . My name is sarah with me or michelle white and ramona white . We represent jewish community services is laura is the agency service vulnerable members of our community for one year . It is usually representing. Singer , our professional team and board of directors doing a special presentation to this shaquanda fedrick and MISS Marjorie joseph who are at the parks and recreation department . On OCTOBER 28 are jcs staff members were enjoying reynolds are in known patron approached a number of professionals and began to resist an anti-somatic remarks that attempted to interview with a staff recognition attempt . On team member contacting the office MISS Frederick and MS. Joseph responded to the scene and engaged with the individual to attempt to remove her from the area . They are called toys and professional approach in managing a disruptive volatile situation represents the best that public service represents . Today members of our team join me to commend MISS Frederick and MISS Joseph along with of our appreciation. On behalf of our jcs team we express our admiration . Thank you for your professionalism and dedication to serve the residents of our beloved community. [Applause] >> thank you cmmissioner and thank you MADAME Mayor, commissioners and team. I'm incredibly proud of you . You truly represent the mission, vision and core values of our organization in our department. I have to share with you commissioners and mayor , this team is extraordinary and I am proud to leave an amazing team that works hard on your behalf to provide the community the best part system we know they deserve. I'm proud of you, thank you 's . >> I'm so grateful to the commissioner for making sure we recognize this event and am so grateful to our extraordinary team and the park, to stepping up. You demonstrated icredible poise , respect , mediation skills . I do not know if you learned them through the school of hard knocks in the park. I hope parts are and should be places of calm and respite and I'm grateful to our parks director for making sure we have the best of the best and you are the best of the best . Calm, cool presence under pressure and saving the day for a very important event from one of our leading nonprofit organizations, jewish services that partners with the county for information and make sure that our public knows where to go to get help. So icredibly important work they do and of course anti-semitism is on the rise along with other heat crimes and in particular in jewish institutions and jewish people have been targeted and as the commissioner says, no place for heat so thank you for standing up, doing the right thing . I knew you would do is for anyone under attack in this case it happens to be one of our finest nonprofits. So very very grateful . Hold on. >> I'd like to say thank you for the acknowledgment thank shaquanda. We take our core values seriously and thank you. [Applause] >> mayor? ... [Music] >>. [Music] . [Music] . [Music] >> music] >>. [Music] >>. [Rollcall] We have eight members present . we have a quorum . >>chair: all staff, sergeant at arms, quiet the chambers . Please rise for invocation and pledge of allegiance. Bowing your heads. Come to you saying thank you for life, thank you for breath, thank you for our ability to get out of bed and serve you and your people. GOD, we ask your protection . We ask you touch the hands of the people trying to save lives . People trying to help humanity all aross this world. We understand our blessing safety is not everyone's blessing safety but we pray that you help them GOD in this moment. You are a way making GOD. You are GOD when mortal eyes can't see something you can manifest humanity and rescue in their lives. Please us on this first meeting we have of black history month to come together not just to acknowledge that we come together as black people, come together as a country and a community. In ways that allow us to move forward becoming that mythical city on the hill. Others MAY look to. And that's tradition of your grace period on your work these words I ask in your name, 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 very and justice for all . >> all right. Thanks. Okay. Here's an opportunity to be heard. Good morning . All right . I asked everyone to take their seats . My attorney I believe it's appropriate for us to have a reasonable opportunity to be heard. >> reasonable opportunity to be heard is now open names: you come to the podium your name your address you have to minutes. Thank you very much, robert lacks. [Inaudible] >>speaker: my name is the last 67 one west 1/35 avenue miami florida 3313 here to speak-11 out of there with me as lieutenant shana carey representing the 42nd buyer waiting for face in this wings over homestead airshow which will take place saturday and sunday was elected the time to think commissioner mcghee for his sponsorship of 11 out of 15 and MISTER Istanbul crews military affairs . Unlike the time mayor, for the county commission it is in miami-dade is the . wings over homestead's biannual way to showcase the world's greatest this year's amazing aerial displays fom the 22 raptor, f-16, and a next parachute team, as world war ii planes as well as aircraft displays. More importantly this show is a way for us to express our gratitude to the citizens of miami-dade county for their support of homestead air reserve base . Where excited to open the base for the public after years of limited access . As such we expect large crowds of miami-dade county citizens and visitors to attend will far exceed the capacity of the 42nd fighter wing's emergency services but we cannot make this happen without our citizens. That's why we're here to respectfully request the board of commissioners and mayors support to provide the 42nd fighter wing with law enforcement personnel and no other county assistance to put on a safe welcoming and fun show for all to see . Once again wings over homestead will be held saturday and sunday, APRIL 1 and second. Gates open at 9 am and the show starts at 11 . Admission is free and parking is also free. . >>chair: I look forward to supporting it. Theo. Karen's always . And the next person is going to be mario duarte. And patricia life felt. >>speaker: good morning. I work for the trend signal account. I come here because I represent all the activities around data county . >>chair: mario, give me your address . >> 2154 hialeah florida. >> continue . >>speaker: we represent transit security. We see every building, every bus station, metro rail train, security. We expect a long time to fight for that waiting. A lot of people don't think of us. We have a lot of , a lot of oppression .- every day we have to confirm a lot , a lot of problems with our customers , criminals, drugs, it's a lot. My people need the race. I hope you take that into account and think about us. Everybody's got a race , police officers, teachers, everybody . There are the first line. we are the first line. We come to police officers in the metro, we call 911 . We , first we call the other ones . Please think about us a little bit. A lot of people will have to work a lot of overtime because we don't have the money to pay so many. You know the cost of living . >>chair: thank you mario and thank yu for your service. >>speaker: my name is theodore gonzalez, 28 ... I live at 289 shadow way miami springs . Item 4c , noise ordinance . If I told the guard outside I have multiple sclerosis, she will hold the door . If I tell her I also have schizophrenia , she will call for backup . Mistreated and marginalized by your world, some of us who have touched the sun prefer to live on our own and do so peacefully about the county. Please include in your noise ordinance areas where homeless mentally ill live or congregate. My hope is that the noises are the voices that we hear next are those of your support. Thank you. Patricia. >> make this quick, we had a number of officers who because they are shortstaffed could not make it to come speak. >>speaker: 32 bj and I just want to ask the commission and request that the commission support the item supporting wage increases for the security officers. Talking to staff, how important they are and we recognize this short staffing is creating a dangerous situation. We want to make sure we have sick staffing not just for our officers but also for the traveling public. You very much. Reasonable opportunity to be heard is now over. That's the last name I had met him attorney, take it away. >> MISTER Chair there are a few preliminary matters. On the pole list item eight f1 . That's eight f1 senator garcia is adding his name to the pole list. Eight p1, commissioner gonzalez releases this item. He's the only polling commissioners so with the setting of the agenda item eight p1 will be approved. 812, senator garcia is adding this item to the pole list. Eight. >>commissioner: , commissioner gonzalez is releasing this item, he's the only polling commissioners of this item will be approved with the setting of the agenda. Hp 14, editor garcia at the item to the pole list. Hp 15 and its supplement, senator garcia and his name to the pole list. Hp 16, senator garcia adds this item to the pole list. Hp 18, senator garcia adds this item to the pole list. Nine a1 , senator garcia adds this item to the pole list. 10 a1, commissioner mcgee adds this item to the pole list. 1084, commissioner mcgee is requesting deferral of this item to no date certain. >> 1084. And also 1087 soap 1084 and 10 a7 commissioner mcghee request deferral to no date certain. 11 a for senator garcia and commissioner mcgee are adding their names to the pole list and commissioner gonzalez is releasing his pole so the item remains on the list, that item 11 a for. 11 88 senator garcia adds his name to the pole list. commissioner brmudez is releasing his pole but the item remains on the list. 11 810 senator garcia and commissioner cohen higgins add their names to the pole list . 11 a 17 senator garcia adds this item to the list. 1118, commissioner colin higgins adds this item to the pole list . And item 15 g1, CHAIRMAN Gilbert and this item . We also have some additional requests for sponsorship item 4b, senator garcia itches to cosponsor . 1189, commissioner mcgee cosponsor. NOVEMBER 8, 2012 substitute senator garcia and commissioner mcgee wish to be listed as cosponsors . NOVEMBER 8, 2013 and NOVEMBER 8, 2014 senator garcia cosponsor and NOVEMBER 8, 2015 senator garcia and commissioner cohen higgins wish to be listed as cosponsors items to be considered will be those listed in the printed final agenda additions and scriveners errors noted in the CHAIRMAN's memorandum and the items I just mentioned. Commission will approve all these items by single setting the agenda except ordinances for first reading, public hearings, ordinances set. Item hptn a commercial service contract which must be voted on separately and is not on your pole list the following items. Item 2 b2 , eight f1, hp four, hp five . Hp 12 , 8p 14 , hp 15 and its supplement, hp 16 , hp 17 and its supplement, hp 18, nine a1, 11 a3 , 1184, 11 a8 , 11 a 17, 15 b1 and 15 g1, motion to set the agenda is in order. >>chair: I hear a motion. It's been seconded by commissioner cohen higgins. And all those in favor of setting the agenda signify by saying aye. Show the agenda set . >> would you take like to take up the one deviation item? That is item hp 10 and it's not on your pole list. >> it's been moved and seconded by the vice CHAIRMAN. Roll call vote. [Roll call] [Roll call] Motion passes unanimously. All right, MADAME Attorney . >> would you like to do the first readings? >>chair: absolutely. Item 4 a is an ordinance related to environmental protection extending time under certain conditions for on-site sewage treatment and disposal installed to serve a single-family home to comply with certain requirements of ordinance 2283 regarding of separability, 4b relates to building code compliance granting an extended compliance period and creating a limited exception from payment of civil penalties for property owners in the annex community association development. Upon satisfaction of certain conditions including compliance with the building code, running exceptions directing the mayor or designee to implement proposals necessary to effectuate the purposes of the ordinance, writing exclusion from the code sunset and an effective date. 4c substitute relates to section 21 b 28 of the code prohibiting operation of noise producing construction equipment and machinery at or near residences during certain hours revising provisions related to the applicability and enforcement, clarifying countywide applicability and authorizing technical changes, putting conclusion and an effective date. 40 creates and establishes a national tax district bounded on the north by southwest 293 on the south by theoretical southwest 291 street and on the west by 1/74 avenue known and described as molina special taxing districts, authorizing and drecting the mayor or designee to provide for the installation of streetlights, and authorizing the mayor or designee to execute the agreement . Waving provisions of our january 30, 2006 and providing exclusion from the code, 4e comments section 15 b one, and 15 b one of the code providing definitions establishing guidelines and standards for the collection of recyclable materials for the curbside collection program, permitting unauthorized use of additional carts. Amending section 8 b cc providing enforcement by civil penalty and inclusion in the code and effective date. Those are your first reading items. >> MISTER Chair, if I could bifurcate 4b and 4c. >>chair: show them bifurcated, any other bifurcation's ? 4b and 4c are bifurcated . MADAME Attorney? Would it be appropriate for e also . So b,c and e. What now? >> you can take up item 4a and 4d together so we need a motion and a second. >> seconded . >>chair: call the role. [Roll call vote] Item passes unanimously . 4b, bifurcated by commissioner regalado . >>chair: you are recognized . >>commissioner regalado: I'm going to release 4b, I'm interested in 4c . >>chair: all those interested signify by saying aye. Roll call. [Roll call vote].. [Roll call vote] Item passes unanimously. >>chair: call the... >> it's 4c substitute . >>chair: so call the roll on it . Seconded by commissioner cohen higgins . [Roll call vote] Item passes 12 to 1. Item 4e. >>chair: call the roll . >> I need to have moved and seconded. second. [Roll call vote] Item passes 12 to 1 . >>commissioner regalado: there was confusion, what I wanted to bifurcate was 4a but it passed so if I could have a motion to reconsider 4a so I can vote against it. I feel strongly about it. I know it's first reading. Won't get into why I feel strongly about it but I feel very strongly about it. >> second . >>chair: all those in favor of reconsidering a aye . Those opposed . Show it back in front of us and call the roll. Moved by the vice chair seconded by commissioner cabrera. [Roll call vote]... [Roll call vote] Item passes 12 to 1 . >>chair: MADAME Attorney . >>county attorney: commissioner garcia wishes to release his paul but the item remains on the lst. With commissioner mcghee he's the only pulling commissioner. >> MISTER Chair, item on item 4a , I'd like to go ahead and place a motion to waive committee review as to item 4a which is related to the county's new standards for septic tanks and item 4 to set the second hearing on FEBRUARY 1, 2023 meeting of the board of county commissioners and direct the clerk to publish notice if necessary. >>chair: second. So first I'm going to need since the item was voted no on by commissioner regalado she needs to pay attention to the dance now. And I would personally, you want to waive committee review? Hold on. Understanding that where we fare on these issues are committees. That means the entire public hearing and did a and shaping the legislation will happen at a full board meeting. I would probably object to that but your recognized . >>commissioner regalado: sorry we're dealing with another item . I know we normally don't get into the subject matter but I want to say that I worked on this for two years . For two years we met with the industry. For two years we provided guidance on feasible distance and guidance on the new septic tanks and why we had to approve them and gave everyone notice and everyone was on notice and we were very clear there would be no exceptions because we were trying a line in the sand. It's one thing for us to not eliminate septic tanks and sit here with this game they report saying sptic tanks are destroying the bay ad it's quite another matter to continue to allow septic tanks that we know break and delete and hurt the bay . So this was a compromise we reached with the industry that took over two years and the alternative is to start inspections on septic tanks. I am happy to bring that item buckle up because we all know how difficult that is going to be for this county for its residents we are working so hard to find solutions with our state but we need to stop the proliferation of the septic tanks that leak . The difference is $15,000 between the septic tank they could have put in before the rule and the new septic tank. The difference to the environment is immeasurable . What we have on code is state of the art . What we are requesting is people do right by the environment by hour day. This is going through our aquifer in today and we talk because we don't want to freak people out my conversation if that's what it takes. I'm happy to have a sunshine meeting with the commissioner that brings it and discusses it but if there's any item must go to committee and must be given the opportunity for the public to speak on it, it's this one is going to proliferate to a new septic tanks will be outside of our code that we actually have to take out the cost to taxpayers so I ask you to allow it to go through the process, to let it go to the committee so we can explain how we got here, why we gave so much time and why this is so egregious. >> thank you MISTER Chair, the passion is recognized coming from our district 7 colleague and I don't like to ask for the maker of the motion why the request to waive committee review, why is it necessary ? >> that's a great question. Two reasons, number one it's amending an ordinance that has already gone to committee and number two, it's a limited extension of the time so it's not , and I understand the passion and sure to a certain extent the same positions my colleague shares on this issue but this is a day extension of time I was going through committee there are a number of potential properties in limbo and I think at the time we are requesting the difficult time, we're requesting a limited extension of the time on this ordinance so I don't necessarily dsagree commissioner . I actually share your view on moving forward and I look forward to the sunshine meeting but I think that this is, the intent is not to change what was determined and I don't expect approved, it's simply to extend the time period and because this has been approved this ordinance has gone through committee, I was proper because nothing new will pop up in a week. >> my objection is not necessarily on the merits of the item because I get into the merits of the item during the committee process. So this is from a procedural perspective and this might be instructive or how I see things generally. I think they should go to committee. In this case, this would come back I guess on the 21st that this mtion passed . And we would have environmentalists and builders having the open conversation in public hearing through the speakers and not my only observation is I want to be at that meeting. I won't be at that meeting but I don't think that those conversations are better hiding committee . But going through the item and letting through the public have their say and shaping it such that it's something on consensus policy is better for committee . I don't get to the substance but that would be my procedural perspective . >> I don't want to take more time on this but the item was my item and we gave a date further out in time and the reason that it took me two years is because I met with the industry actually the industry agreed with me on this and came to the meeting and supported this so this is an exception wasn't part of the original item and it dramatically changes the nature of the because this builder and then use this exception will come and say I want to spend the extra $15,000 on exception islands extension so that doesn't exist. This was a change to our code was worked out with the industry and people are complaining about it now a seat at the table , were given notice and made a decision alternative to inspections this was what we were moving forward so to come out and say it doesn't go committee was already for a , this was never home. I'll never do. The exception we could pick and choose what was going to do right by the environment and fall want to have a . I think it would be interesting to see the part of the industry that agrees with this and say this is the right thing and this is why it took us two years we this day and to open the door to exceptions to the amount of time to educate people is wrong and procedurally , it's wrong for every ordinance because that means every ordinance we pass that MAY have a negative impact on someone someone will say I want to change ordinance quantity to committee because it's already heard about the exception is dramatically different for . I'm happy to have a sunshine meeting, a conversation about it in today that's the right and proper thing . >>chair: it's been moved and seconded, all those in favor by saying aye. Those opposed. Those against. I can call the role but I can count it's eight against. The motion fails . Meta-attorney . >>county attorney: yes sir . Would you like me to read all the public hearings? 5a takes action by 416 for the filling and removal of mangroves and installation of a seawall and dock located at 64: edge drive, I see a flat file by the full story llc, 5c approved the plan of easy express an aunt in miami. L2 llc, 5d approves the plan century by century builders, 5b approves the lack of century on the other group llc, five approves a plan of castellanos estates subdivision, 5g approves the plat of sunset. Smiled by kirby corporation incorporated and adrian builders at sunset paradise llp , those are your public airing items . >>chair: let's take a public hearing on all of them and we have one, rafael gomez . Name and address . >>commissioner steinberg: >>county attorney: these are all quasijudicial so if there are any speakers they need to be sworn in . >>chair: raise your right hand and take the, MADAM Chair. >> all witnesses. Do you solemnly swear the testimony you're about to give is the truth, truth and nothing but the truth, hope you GOD? You MAY be seated. >>chair: name and address for the record. >>speaker: why are you asking for my name and address when you know who I am ? Rafael gomez, 7403 southwest 87 street miami. Mafia date county . Listen . You need to resign because of what you said to me last time. I'm a foreigner here, english is not my first language. Your casino flow. You are a big. What you're saying is disrespectful to the disabled community. Ableism. I need to add an amendment to this, what is it, 5c? We need to add emotion and an amendment. >>chair: MISTER Gomez, you MAY have your two minutes but you MAY not swear in these chambers . Be mindful . >>speaker: I don't know what I said . I want to add an amendment to this agenda item because we have a commissioner here that we're going to investigate this that gave money to an organization, jar of hearts, $10,000 approved. >>chair: MISTER Gomez, that's not actually on... It really isn't . >>speaker: I want to add this . >>chair: MISTER Gomez, you can continue . >>speaker: your taking my time away . >>chair: no, you are . Actually, we will require you to speak on the agenda item . >>speaker: I'm speaking on the agenda item. Your time will actually run . If I were you I would go ahead and speak about 5c. >>speaker: I am . I want this added to the item you're not letting me. Hold up . >>chair: your time is up . Thank you for your time. >>speaker: your crooked commissioners, this guy approved money for a company he's representing. Those know on this agenda item. Jar of hearts, $10,000 for a company he represents. I want that added to this agenda item . Crooked politicians . >>chair: blessings . MADAM Attorney . >> I want to bifurcate item 5a . >>chair: MADAM Attorney can we take the rest of these together ? >>county attorney: they are all resolutions, if you have no other speakers that would be items 5b, ableism, 5f and 5g . >> before that, can I for kate 5dthrough 5g just to vote no ? >>chair: what are the bifurcations now? >>county attorney: 5a and 5d through 5g . >>chair: I will make a motion on 5a and 5d . >>county attorney: 5g was bifurcated . >>chair: all in favor say aye. Now on 5a . >>commissioner regalado: I want to thank commissioner garcia or his support. I'm normally the one that bifurcate this because 5a and 5b are related to water and sewer . Historically we voted against them because we don't want to add more septic tanks but as is part of the other conversations starting JANUARY 1 now these are the tanks actually a system that moves it it's sealed, it's not the so one of the things we worked on is that we were not going to be rooting against the plats anymore if they had the new text. I still don't agree with adding new septic tanks but at least these will not be harmful and we know they have longevity and all these developers have decided to use the new septic tanks, they're not asking for an exception so I will be voting for them fr that reason. >> move it. >>chair: it's been moved and seconded. >> is this 5a or 5d through 5g . >> this was 5d through 5e . >>chair: >> I want to be able to talk about it. >> there was confusion on the 5d, 5a . I didn't see any septic tank on this one. I had a question. When we talk about protecting the environment and I see here that single-family residences have a modest result on mangroves , I didn't see anywhere in the item where the individual or owner of this property was fined for performing the work without a permit especially since it involves the removal of 700,000 feet of mangroves and 62,000 feet of mangroves or wetlands anybody answer how we got to that ? [Inaudible] >>speaker: with respect to this particular application while they were to find they did have to get permit fees because of that fact with respect to that . >>commissioner bermudez: with all due respect I know the application was signed by the representative MARCH 2021. And we sit here and FEBRUARY 2023 and I mean, I'm assuming maybe you had conversation with the town of golden beach which wanted the seawall. Is that why this individual wasn't fined for doing what they did? The reason why it's a question for me , MADAM Director also . If a normal person in packs wetlands, hell half n fury like an apartment scorned so can you tell me in this wonderful city of whatever, golden beach that this happens and there's no fine ? >> typically what happens with enforcement across the department is if there is not an open enforcement case we will not necessarily issue fines when the person comes in to legalize so the same thing happens in building cases which are more common. If you come in to legalize your addition we then don't come in and putatively give you the ticket and the escalation of fines and fees that would have otherwise come in had you been on the radar so that's the way it's been handled. I certainly understand your concern. the double permit fee is there as a punitive measure. >> I understand that from my perspective when we see things like this it seems a little bit and then when I hear a business call and tell me they have an issue over something minor, it starts, I'm going to support it. But I want it to really get this on the record that I think if we talk about fairness and we talk about fairness and septic tanks, fairness in annexation that the standards would have to be the same for everyone and I in the past, I've seen such mighty things . Businesses in my district for example have to face issues and then we're looking at the destruction of wetlands here essentially. That's what it is. Anyway. And it's, I know that you're explaining that you work in with the city of golden beach but that doesn't necessarily make it any better so all right. >>chair: commissioner regalado. >>commissioner regalado: I want to thank my colleague for his comments, I represent a district where people wait a long time or germs to go out and shred mangroves and I get all the calls and one of the first things that I brought to this board of county commissioners was on mangroves map and we're trying so hard to educate people on green infrastructure. Just to understand the point a little bit. Someone would have called and an inspector would have gone out and they would have seen it before they apply, because that was the risk I guess. Let me also make another clarification for commissioner bermudez. In this location because it is already a developed residence, we would not expect there to be habitat there so it's a different analysis from a location where you have a natural mangrove shoreline and then someone comes in and just decides to fill and turn it into something that it wasn't . So for your comfort because we are concerned with equity in the treatment of our enforcement cases . I understand you happen to have a hard luck of having an enforcement case against you, that does happen but with respect to this site it is a developed property so the analysis is we're not going to hinder them from making the improvement. >> I understand that but we also have a lot of residents that have mangroves represent a district where that's a common thing and they wait a long time to get them trained and if they do something to them, it's very complicated so I guess is this different because it's golden beach? Original question, is there any , all right, is this the timing ? We will circle back on that because I think commissioner brings up a good point. We need to circle back on ensuring that that's a little bit clearer because it seems that yes. >> they told me they did have a $15,000 fine though I apologize if that was not accurately reflected. >>commissioner regalado: that makes us feel better, okay. >>chair: commissioner cohen higgins . >>commissioner cohen higgins: a couple of points were raised and I had an issue . I am in district 8 but there was a different process involving the recommendation was no the property oner was present. Presentation and made a pitch. Is the property owner here this morning asking for this item to move forward? >>speaker: I am a representative, the owner is here as well and just a point of clarification, because it's been so long we had to not only do a consent agreement with the county but also pay fines associated. >> do we need his address for the record? >> we need to confirm also that they were sworn in. I don't know if they intended to speak so just to make sure everyone has been sworn in. >>, can you swear than it and name and address please. >> do solemnly swear the testimony you're about to get is the truth, whole truth and nothing but the truth so help you GOD. >> last year it had to do with removing mangroves, how is this different ? >> in his case there was a natural shoreline existing historically. There's always a developed area . So because of the deterioration , there , the growth occurred opportunistically in a location that otherwise have been maintained , it would not have occurred. >> and we're okay with removing these mangroves even though it's an opportunistic role as opposed to a natural shoreline ? To me, the mangrove is a mangrove. I'm confused as to why because it's an opportunistic rather than a natural shoreline . That that distinction is being drawn. >> I don't want to make this , makes more issues but it's almost a foregone. That area is developed so the expectation is that it remains developed. Could we restore natural shoreline all over the county? Probably. We would have to remove lots of laws, rocks. We could do that but we have properties in use . They have certain rights associated with those uses. I hear you but that's the distinction for us . It's already in use, it's already filled. We tried to keep what we have as opposed to burden the properties that are already . >> but now we have it because the mangroves are there . >> it still is private property. We can't require that they develop a shoreline there, can't require they develop plantings there. It's still on residents. And the seawall . >> there was a failure in existing seawall . This was a residence that was in disrepair and this application improves on that so the seawall actually for many reasons is obviously there constructed to be uprooted to that extent. And to clarify, the fine, the $50,000 fine and isn't part of the ucl, it was included in a consent agreement with the county as an included fine. >> anybody else. Motion. Soloed by the chair. Second , not everybody at once. Seconded by senator garcia. All right. Any discussion? Seeing none, it's a voice vote MADAME Attorney. All in favor say aye . All right. MADAM Clerk please reflect the commissioner from the eighth district as a no vote. We have the items 5d, 5e, 5f and 5g . >>county attorney: senator garcia had bifurcated those so those are before you . >>vice chair: do we have a motion? >>commissioner regalado: I made a motion and comment on it . >>vice chair: all in favor say aye . Motion carries. Please reflect senator garcia as a no vote . MADAME Attorney , what's next? >>county attorney: MISTER Vice chair I have a request from the sponsor of item 11 a8 requesting a deferral to know date certain . The item is on your whole list so senator garcia is releasing it so if it's the pleasure of the board with a motion and a second, item 11 a8 will be for to know date certain. >> this is a voice spoke as well. Is there any discussion on this? >>commissioner regalado: staff came up with it at the 11th hour information they haven't said through this entire process so fun times . I have to circle back with them and see if we can figure it out, that's why I'm asking for deferral. >>vice chair: all in favor say aye. All against. Motion carries . MADAME Attorney . >> would you like for me to read the second readings? All at the same time as denmark a ordinance relating to the special investment program article sitting on a chapter 2 amending provisions related to special masters hernando brito in the field of art and providing severability and exclusion from the date set of the security council's zoning in the "red, article for section 2 b 1138 and 307 of the code revising provisions related to removals, agencies office for community zoning appeals board members, and is only interior is for members to have a quorum, maybe making changes, I severability date. Creation spaces . Amending section 26 b one of the code revising definitions on the use of personal location is water in certain beating areas providing severability date. To citizens address for second for the entire with refuses and his recommendations for providing severability and inclusion and said he is designed incorporated is a of the design or logistics, rising residential uses districts subject to certain conditions, rising arcing requirements for such uses, providing severability date. To water conservation and irrigation restrictions amending section 32 b one I intend revising missions, amending code provisions related to landscape irrigation regulations, conforming restrictions consistent with the provisions , arranging me to chapter 8 cc , authorizing the county mayor to delegate enforcement responsibilities agencies and departments provide clients, upon water shortage and providing severability inclusion" date. i also commissioner regalado had a request to bifurcate 7b. >> 7c thank you. >> can I have been bifurcated by commissioner from the seventh district. >> I want to be considered a cold prime sponsor of seven a. I don't know if we need to bifurcate it to do that. >> with the exception of the other sponsors we will list mission or bermudez as a cosponsor . >>vice chair: does anybody object to me being a cosponsor? If not I will bifurcate it. >> excuse me MISTER Chair. Are we talking about the flotation device? >>commissioner regalado: I bifurcated that one . >>vice chair: as anybody bifurcated 7f? Anyone else . >>chair: a reminder to the dais wait until you are recognized to actually speak. Do not continue to speak up. That is not the way we're going to do it . >>vice chair: any other bifurcations ? Seeing none, commissioner begins . >>commissioner higgins: I will move all the non-bifurcated items. >>county attorney: those would be items 7a, 7d and 7f . >>vice chair: commissioner from the 12th district . >>commissioner bermudez: I'm just trying to get a second. >>vice chair: MADAM Clerk. [Roll call vote]... [Roll call vote] Motion passes unanimously . >>vice chair: do we have a motion on 7b, the first bifurcated item ? Moved by commissioner from the seventh district, seconded by garcia . Any discussion . All right, were going to go ahead and do the role from the commissioner from hialeah, seconded by the commissioner from the seventh district. >> it's the same item we spoke about the vacancies in community counsel. To section 4 . >>vice chair: commissioner . >>commissioner regalado: I want to thank commissioner grcia for taking this on. As we saw in our last zoning meeting it creates a of a chaotic situation for us if the first reading of an item is here before the ecc and not a community counsel . This floor on the ads a few things . If I have the attorneys read it . We went through with them and the idea was to provide a little more in terms of what with certain situations . >> the motion would be to amend item 7b to add additional recital causes at the top of 006, citing examples of how the existing process for filling vacancies is overly complicated certain intended consequences and I'll summarize the instructions . It explains how the term office were board members who were appointed to fill a vacancy and it the next primary election or expiration of the term of office and authorized holdovers which means if no one runs or is he is he becomes vacant to the detriment of the council's ability to achieve quorum. The bill extends the time the seat MAY remain vacant on a security council must wait until 90 days for the council to finish a list of names of appointees unless you do not have enough members to come in whereas never have difficulty for any individual meeting is to the point in which leads to delays in vacancies and applications and resumes a patient will provide in solving procedural rules will be on you section 4 ngc zero people ask the mayor or designee in conjunction with a fork to place on the agenda a little more report detailing the vacancies on each counsel alongside it the array sell such vacancy the remaining sections number accordingly. >>commissioner regalado: thank you. This is after a deep dive on this how we get to these questions . It also provides us with a way of anticipating the problem trying to solve it . I think when the item came up , commissioner bermudez asked for a list because that's the question. I know that in certain districts we have language barriers. We have interest barriers so this allows us to take those on proactively as opposed to reactively when I am stumped before the board without having gone for community counsel. So these are just a few thoughts after speaking with some bolts that deal with these issues. Came up if you want to tackle it now or later commissioner garcia is that some of these community counsel longing for zoning and 184, plan and issues with quorum already so what is it that you have for is for zoning and they never for, plans on another option might be to consolidate so that they zoning you we do in your worse but this is an overview of how the ways it gets jammed up and providing us with a little notice so that we can proactively fill those vacancies so I hope you consider . >>vice chair: center, we have a motion on your item and a proposed amendment, can I ask is this is a friendly? >> will have to decide on section 4, making sure they come back to the board with a list of county commissioners who are not appointed someone to community. We all are pretty much responsible enough to know that we have to only our community members to this councils up to this how they want to proceed. Just be mindful members there is a study. I think the administration is working to reorder our stuff . On the efficacy of this community counsel and I think comes out we maybe you were a deep dive into this so and MISTER CHAIRMAN, I'm okay with the whereas I will stand against the section 400 . >> in the interest of time would you like to bifurcate this item or take a this body today. >> I think the whereas clauses are in the as we discussed after a three if you don't know about this you MISS You so accepting asphalt is the problem . As for section 4, take it or leave it. You guys don't want to continue having this problem so it would help us . is not something tat's unusual at the gpo at the end of every meeting we had a list of vacancies. We have 1 million reports of things in here. She. It really is te vacancies so that we can solve the problem you are is it I'm happy to b and how is it, whatever you all the . >>vice chair: I like the bifurcation of section 4. If we could do this as anybody else wishing to speak on the item as amended , bifurcating section 4 . >>commissioner steinberg: >>county attorney: the item would be amended to incorporate the submissions only . >> to be clear it's going to be the whereas clauses? My concern was section 4 it says on the agenda of the full board without committee review based on what we discussed earlier today obviously then I would probably say to the equitable we got to do it along the board so I'm going to support the item the whereas clauses. >> just for fun , just procedurally . >> we have an item that's been amended to the quote the whereas clause accepted by the commission. Has been moved and seconded? So any other admissions on the item? As amended all those in favor . Call the role. [Roll call vote]... [Roll call vote]... Motion passes unanimously . 7c. This is sponsored by commissioner bermudez so it's going to be interesting. >> when we spoke about this at committee , staff didn't have much to say but we did get some calls after the fact. Obviously I represent key biscayne and one of my concerns and I would love to hear from the commissioner of the district . One of the concerns I heard from fire is that they are concerned about the size of the flotation devices because someone 80 drowning behind they MAY not be able to see everyone . So fire is actually here to see on the issues. Sure we had a well then conversation on it because I didn't see some calls and questions. >>chair: I'm going to recognize commissioner steinberg and I would say it would ultimately be helpful to the process if this wasn't vetted out at the committee. i got the concerns also which should have been expressed at the committee. Not in our briefings before it comes back to final adoption. These are things that we could have actually on through . At committee, commissioner timer . >>commissioner steinberg: effects all over obviously I would recommend looking at fire of course but I think there's unintended consequences so I think for purposes of today I would refer to a date certain unless there's a who wants to move this forward today. >> second . >>chair: is then deeper to know date certain, that takes precedence . All is in favor signify by saying aye you . >> MADAM Attorney . >> we are on the whole list on the first item. It was called by commissioner regalado . >> commissioner from the seventh district . We need a motion on it first ? >>commissioner regalado: I just wanted to thank staff for doing a GOD job on this . One of the complaints we got from the alex was how long it was taking to do this work so it's really important for us police officers through that station, everyone's excited about having it done is been in the budget and works for a long time so I just wanted to thank everyone for a game on getting us . >> move it . >> second . >>vice chair: we have a motion and a second . I have a question. Commissioner gonzalez second solution . >> I appreciate the statement by the commissioner. I am someone who works with the amex and I was briefed on where the new location will be glad this is moving forward because . >>vice chair: anyone else wishing to speak on 2b2. Is rer here? Lauren is, you are here? I recognize you MAY not have the answer to my question but I know my office is preparing a memo to send over. I was in the item we have only the homestead properties . Is that correct to the best of our... Can the attorneys answer that? We are I guess not forgiving but we are giving a relief to only homestead properties? I'm on the amex ho a1, are we know different? >> I'm on the hammocks age away . Accounts, yes . >> is it only for, from what I read is only on the homestead properties. >> the text of the amendments. I don't have it in front of me but I believe it is the financial area. >> I think that. It is residential but it's only on homesteading units. Okay, so we're talking about a different item. I read amex and my mind went so we're on the police station, we are going . >> we will talk about the other one . >>vice chair: we have a motion and we have a second, my dad. Any other discussions on this report? Seeing on , is it rollcall in order or a voice vote ? Where are our attorneys? They're looking for the other site . It's a rollcall info for a voice vote. All in favor say aye, all against nate. Hearing on, motion carries . MADAM Attorney . What is next on our call list . >> item 8 f one poll by gonzales and garcia commissioner gonzalez you are recognize. >> if I made through the chair , I would like to just ask the department of quick questions regarding this item and I'm going to be supporting this item but I would like to know through the chair why did this take so long to come before the board? >> gary hartfield . Commissioner, the ordinance , when the ordinances passed it develop and implement the order. This is just a procedure so we're saying how were going to enforce that particular ordinance. One has to happen first. >> and when did the ordinance pass? >> the ordinance passed , was it 2021? >> last year or end of last year passed . So we brought back the implementing order . We had to review county attorneys that we have the processes and procedures and that we had submitted through the process of bringing it to first tier for the board meeting. >>vice chair: will this be a retroactive are just moving forward? >> the order is we are now implementing the procedures in the ordinance so when the ordinance was placed , 10 days after that that's when it became law. So we've been reviewing. >> I do have here the ordinance was dopted SEPTEMBER 1, 2021. Is that correct? >> that was just there, my question was if this ordinance came forward and one SEPTEMBER 1 one 80 along to come back because these folks need this? >> the implement is a procedure on how we're going to implement the reviewing to ensure that they have either the one hour fee or 56 hours at a time that the ordinance begins . The implementing order was something we needed to work out the idea of them being able to pay that was done 10 days after the ordinance was accepted so what I'm saying is this was happening, we just had to review it . We look at the amended wage, the living wage is one something each person makes a contract 100,000 and 15 employees at security bars and they will receive it . Once they do all the cost and you will reimburse them for us . The procedures wanted to ensure to enforce it was in place at this was the documents we need to put in place so we're working with staff to procedures corrected before we can bring . >> according to our procurement , it took only two . >>chair: jimmy, he's chief operating officer . I'm saying wait to be recognized, that's what I'm saying . I don't know the commissioner needed additional information if the commissioner needs additional information, do you need additional information? >> no sir, I'm going to be supporting the . >>chair: thank you . >> I will move the item for you . >> commissioner garcia ? >> I just pulled it because I'm voting over only because I think what's good for one should be good for everyone so I will vote number. >> I'm working on a few more . >> so moved by the commissioner from the fifth district, seconded by commissioner from the sixth district. we've already discussed it's all in favor say aye, all against nate . Motion carries . >> next item is hp for . >> that fall by commissioner gonzalez. You are recognized. Supporting this item as well. I did pull through the chair three items, each p5 and ep 17 only reason I pulled this is the is the more that we too get the red flag report timely. Because this is why we're in this entire situation we meet at the redline report timely I don't think we have to be voting on the emergency procedures. I'm going to be supporting the item as well. >> do we have a motion. To move 84. >> so moved . Am I right, seconded by commissioner from the seventh district. The heat for . Commissioner steinberg. >> matthew, I thought you forgot my name. I'm supporting the item, that's fine but I think it calls into a question that some of these were based on years ago because the technology would allow for a wider net of the injury and moving forward we have to issue is time so prospectively seeing me in half a properly competitive process for these items. Obviously not today's purpose on I am peeing 4 for the small so that we're doing but prospectively I'm just putting that out there. >> it's been moved, seconded all in favor say aye , MAY motion carries this I am on call list is hereby . A. >>chair: has been released . Hp five is correct? Commissioner gonzalez as well, you are recognize. Release my call on. >> do we have a motion ? So . >> second by one of these commissioners that are either the second. All in favor say aye. Motion carries next item is a p 12, is that correct? >> a was released as well ? Are there other calling commissioners on that? And if you don't mind MISTER Chair want to make a comment. >> we will get to that . I'll leave it on the list. All right. Continue. Senator garcia from the 13th district. CHAIRMAN. With and how much money was we're sure that we have authority to send $1000 for marketing the service is slain what what is israel's reason was the way in our , I can't say it . Are they ending up in our landfills and so forth ? Are we doing aything with these ? Do we need this money for marketing materials for each individual department? >> welcome, you are recognize . >> policy procurement officer . The different departments have programs that the library programs. Though it were our programs and services marketing israel's purchase and handed over to the residence so they use the services . The mayor has already directed us to look into the items we are buying, how they are bringing value . Are they pomoting programs bring ? Economically , economically beneficial they are environmentally friendly so we're doing that analysis so before we bring the next contract to you , we will have that analysis done making sure he has a standard and there's more thought process behind into it . >> as part of that analysis can we figure out how much of that marketing material is being thrown away as opposed to what is being used ? I think there MAY be other better ways of using these dollars actually now we know we are thinking that there might be some storm on the economy. We and the county should not be throwing out the door so if we can't d that so that you MISTER CHAIRMAN . >>chair: I need a motion on the item? >> seconded by commissioner bastien . All in favor say aye . All against, nay . Karis. We are on 8p14, is this the next one? Polled by garcia as well. Senator garcia, you are recognize and explain your reasoning for pulling this item . >>commissioner garcia: this has to do with the covid emergency we have or don't have . And I would propose that we offer an amendment but we to mirror our federal partners and ending the emergency by the day-to-day . So that's the reason I pulled it . I never the ending of the covid emergency by MAY 11. >> through the chair. >>vice chair: you are recognize man mayor. >> I would ask our budget director on the issue. you are recognized, budget director. >> commissioner, if the emergency could end sooner , that was really the last item was preventing us from doing so . It was sheltering , that always trust was performing. They closed property last week, friday so because of that we recently crossing the eyes and , crossing the t's and dotting the eyes and making sure there's no expenditures are out there and we know about this week for all intents and purposes could be any sooner. >> if I MAY ask the question. >> you are recognize. . >> when we lose any dollars if we added a little sooner 811 marks mark? >> not that I know of, it's been technically and FEBRUARY . >> in this case I am in my minute to add the emergency to the end of FEBRUARY. >> second . >> commissioner from the seventh district . >> I'm glad you're talking about this because last time we is the mayor's loss that she thought we were going in this at the end of DECEMBER and then we had the homeless trust and their purchases . I think it's important for us also to consider . Then because we were playing late additions to the agenda the superpowers are going to allow the additions to the agenda . So one thing is the funding . The other thing are the powers are kind . So this is used as a sword and shield and sooner rather than later. So I'm happy to support your and the tomorrow I want tomorrow because it just does not allow the public to see the items in a timely manner and it's also pushing these deadlines. They need to get these things done process. The sooner than later. So I'm happy to support and FEBRUARY next week would also be . >> commissioner from the district your. >> question . as I understand it there the ocean, is the first center that this wuld be a termination of all powers connected to emergencies correct? >> currently the way that it's written is to the end of the community emergency but I'm okay with that trying to amended to all powers perfectly fine but it's really more address the covid emergency . >> MADAM Mayor, you are recognize . >> we have more than one emergency . This pertains to the covid emergency and our office of management and budget director seriously pending urgencies. >> there is also emergency for the first time collapse so that is not that of course will not be done by the end of FEBRUARY. >> excuse me. MISTER Chair could you explain why that is? Why it is for the extended time . >> certain details in the project were changed under the approval of fema and the state. We're basically on a phase right now of transferring the debris from the location if that. When that finishes , basically the project can be closed out . But till we finish the transfer of the debris we need the local emergency to remain for us to be reimbursed. >> I understand what he explains makes logical sense but my concern also lies in an extended emergency period that impacts the rules of this body. I wasn't here I did observe when prior chair numerous things being moved in a way that I thought was not as transparent as it should have been certainly consistent with the rules of this body so my concern was the just covid I find supporting your motion because I it makes sense and I think the mayors a good job explaining that is society. But I do have concerns that the rules of this funny go back to let solid what normally should be. Because if not then you we might have rules so that's why , media clarification from the attorney's office or center . >> thank you MISTER CHAIRMAN by MAY. Commissioner , your I think you still have the surfside emergency that's going on. I think we can maybe work it in a way that we can have a minute extracted where it is subject to the emergency itself . We can keep those powers just subject to that eergency all hands would be placed on the allies we can elevate emergency moving forward. We got to do things where we saw situations in the past which items were put on the agenda that had nothing to do with the emergency and this is something we should reconsider as we move forward you. I want to tie the hands of this committee is getting things done in a timely manner reality is it should be related to of those other things being thrown our way . >>chair: commissioner begins . >>commissioner higgins: thank you MISTER Chair. On the ending of the covid emergency by FEBRUARY 28, your 100 percent sure were 99 percent sure because your 100 percent sure. >> yes commissioner . >>commissioner higgins: we don't want to MISS Out on any federal matching funds because we contingent on any recording next month. The emergency powers when we first began with covid were ready important because we were dealing with things that were completely covid related urgencies. As a body at some point need to talk about lakeside is because there's late and then there's lake science. So for example babies , if you are sharing for your amazon committee, that meets on monday , that committee if it could be an urgent item from a commissioner, could be an urgent item from the administration. 80s on monday you have time to sell it to the next meeting not be for a rule where you will, cast . The hearing has been so as not shared with the public and all of us as you know we have staff and eating these two items are going to sell to next ecc however if you are serving in a meet on thursday and is even though the reason for hearing, you know every staff member of senior yes it is for a rule so as we consider these rules , we MAY want to think about things that have already undergone during the review. To be allowed to be sold to that second meeting . A year and I think that's very fun something that shows up on the and a review I recognize there are times w do need to do. And then he is in general is on you will see as senior is only the opportunities and kinds so we MAY w