Miami-Dade Board of County Commissioners - Regular

>> test miami-dade . >>chair: the vice CHAIRMAN Is making his way down . Commissioner bastien is on her way down. Commissioner higgins, commissioner steinberg. We're acknowledging commissioners from the back. She's more alice down here standing in for the mayor. Good morning everyone. morning everybody. Honorable CHAIRMAN Gilbert and welcome to our presentation we have several presentations, we have one for organizations and people we are recognizing . People do extraordinary things for our community at the first is going to be commissioner eileen higgins. >>commissioner higgins: it's the first week of MAY . Does anybody know what that means? We have a ringer in the audience is national small business week . We have in our county it's got to be hundreds of activities going on that messed up and celebrate small businesses but most importantly help them learn how to be even better, help them learn how to access capital. to be more resilient in difficult times and so this week is very exciting . Lots of stuff going on in district 5 I wanted to make sure our county today recognized an organization that is doing absolutely incredible work to the point they have been recognized as the best in class in the united states in america and actually worked at the white house yesterday. When our PRESIDENT Kicked off national small business week so can I invite the teams, cabrera seems small business development center,. If anybody wants pictures or whatever we will take them and let's do that. Here in the middle. MISTER Van hook has ably led this organization for as long as I've been on the commission and I just want , this is a serious award because our company , 80 percent of the businesses in miami-dade county less than 10 employees so when we say we are a small business economy we are not making that up and you all know what happened. They were shuttered, they were scared and vulnerable and the fiu small business center came to the rescue like wearing a cave , help them figure out what they needed to do to survive . Everything from ppp to making sure there's loans but most important way now that the crisis is over making sure that they are set up for success and growth . I just wanted on behalf of the county commission let's see . I know I have a proclamation here somewhere . I'm going to be my own assistance . Anthony, would you help me? Thank you . We on behalf of the county commissioners and mayor levine cava declare today florida small business development center at fiu day and all of miami-dade county so congratulations if you want to say a few words. >> very exciting, this incredible organization fiu has been doing an incredible job . I was around at the time it was founded and I was elected 2014 and we put county fnding into it . Yes I do recall, very lively discussion and with good results because now they are number one in the nation. All right . So fitting and proper this commission which is such a small business advocate and scholar, we are very proud in my administration to partner with the spec for many years and work on our small business programming in conjunction and see it as a continuum. Kind of see them they grow up a little and go to you so they can grow and thrive and it's a fantastic piece of work. Thank you for letting me add my remarks. >> thank you guys and I have to admit I had just got in last night at 11:00 from dc. I had a little coffee I'm happy to be off but we're beyond proud to be doing this in miami county . We have a number of consultants and administrative staff here today our dean put it best. He said was one in 1000 ? There's thousand small business centers like us and we are proud to be the top center in the whole country and to do it here in miami did county, we are focused on helping businesses start and grow and I've always the sba folks in dc I would put my team up against anyone in the country and now I'm here to prove it . The great thing about our team is where all specialists. They don't know a little about a lot, they know a lot about particulars subjects and we have our national accreditation one of the state directors you know how unique your team is that they're all specialized and they work so well as a team. I said the numbers prove it. Our marketing specialists, we have george ray the third that specializes in franchising and startups, our assistant director laura a bias and cindy is there taking video but she's our client intake or near : clients want to get connected to these great consultants, we don't have the rest of our team here because they're here today doing things in the community the last thing I can tell you is one of our key staff is josc padilla. He is our program manager and the vice PRESIDENT Harris, PRESIDENT Biden had asmall business kickoff yesterday. We were in the rose garden, PRESIDENT Biden is walking up and you is watching a webinar for small business week I said nobody does. So I just want to recognize our team and we are only as good as the partnerships we have so we loved the partnerships with the county commission so this just means so much to us to get this recognition. >> aren't you all offering a marketing webinar this week? Check it out, if you aren't signed up sign-up at no cost . Our small businesses are held at no cost so congratulations, it's your day. >>chair: I know on behalf of the board of county commissioners and I've known george for three years, we say we are built on small business but what we mean is we have families who send their kids to college based on the work they do and these are the extraordinary corporations. This is how they are built so I appreciate what you all are doing. Keep it up. If you need assistance let us know. I'm good right here . >>... >>chair: we're going to move on to our next presentation. The next presentation. It's exciting. Everybody's excited . I think that the mayor's boots match with commissioner begins start like they should change . We also have like I said the privilege of honoring extraordinary people that we get to honor today is that your friend , a wonderful public servant . Judge fred seraphin retired and that surprised me but it gave me the opportunity to bring him here along with our friends in the county. Judge seraphin, come on down. >>commissioner bastien: tank you so much. good morning everyone . It is an honor for me to present this proclamation with the vice chair board of county commission and the mayor . To someone I qualify as the ultimate gentleman. Judge but the ultimate gentleman . In the early 80s, judge seraphin as a high school senior was wrongfully arrested and accused of a crime. He did not let this reality be his destiny . What did he do? He decided to go to law school. He worked very hard as a public defender and I knew you then as a public defender . Anybody could attest to your fairness, your judgment bt most importantly your compassion for our use . And in 2001 , governor jeb bush nominated you as a county judge . It is with sadness that the chair and I when we learn you were retiring said don't go so fast . Instead of retiring, yes he's retiring but he's going to continue to give . Both him and his wife barbara . Is she here? She's not here . They will continue to serve their communities and get back so judge seraphin, it is with great honor that we present you this proclamation . But before we do , I'm going to first note that our chair and mayor would like to say a few words . >>chair: one of the things that's important to note is it's haitian heritage month. I think it's appropriate that we acknowledge them, mayor . >>mayor: our first asian-american judge and someone who's served with great honor and distinction and it's been my pleasure to know you and work with you and I'm glad to know that we still hve work for you to do. [Applause] >> I'm not a man f many words. One of the great things about being a judge is I enjoy listening . That incident where I was accused of committing armed robbery and I remember sitting in jail and I went in front of a judge , american judge let me go home and come back and post bail and I'm with a late lawyer who took my case and made me feel like a human being . Sometimes I said why do you have to use adversity to show me the way to go to any public service has been on calling all my life. My wife and family in 1986 to work at the public defender's office . In 2001 I received a call from GOD that said it's time or you to become a judge . I say calling because it's been a passion for me but after 35 years of public service and actually working and I love to be county judge bcause it's a people's court . This is where we deal with people and people's lives and I've had such a wonderful privilege. I want to thank all the citizens, residents, visitors come before me and trusted me enough to do justice . All of you commissioners , mayor . I appreciate the work you do . I have two grandsons . I have two wonderful grandsons and I said it's time for me to get dwn and 35 years I think is a lifetime so I want to thank all of you I just got reelected and he said what do you mean you got reelected I said you know what , there comes a time for me to step aside and let somebody else, when I'm old enough so thank you. >>commissioner bastien: before we get this proclamation asked MISTER Chair and the judge indicated this is the month of MAY. Haitian month and through the month we will be highlighting haitian culture , haiti's contributions to the united states and miami and we invite each and every one of you to partake in this event. Bring your friends and learn about our culture. MAY 2 , yes today MAY 2 is your day . It is declared the honorable fred seraphin day. [Applause] >>... [Applause] >>chair: okay, we're going to move on to another special person . When the board of county commissioners 13 people you call offices and you get is bebop or a pothole that needs to be fixed or offense that's wrong , is not always us that comes to you and us as an institution is really all whole wonderful extraordinary people who do the work of public service today we had the distinct honor of honoring one of those goals commissioner steinberg to present the presentation . >>commissioner steinberg: mary juncadella, where are you ? [Applause] So she does not have a fan club , clearly . For those of you who don't know which I can't imagine anyone who doesn't know, mary has been with the bcc specifically for 30 years . Now, that a milestone and the majority of it , the majority of it has been in district 4. She's been an integral part but there was a longer wanted to be here today but they did send a quick video message so can someone play the message please ? >> mary, I regret I cannot be there in person to celebrate this investigation . 30 years working for and with the commission , helping others, mentor and colleagues, most especially serving miami-dade county with your skills and a great personality of can-do get it done. Thank you for 20 great yars of service serving the district 4 and me. It's been a blessing , carry on, wishing you the best. [Applause] >>commissioner steinberg: I know you have your family, sebastian and adrian, we want them to come up . And although mary and I only worked in an official capacity while I have practically worked with her number the entire time she was with sally's was 10 years in different capacities but the sentiments . If you need a lending hand or anything mary is the person you call . She's there for you no matter what's going on in she will stop everything be there for you work ethic is bar none . I'll tell her it's time to go home shall say I have a couple more emails I need to finish the district for residents all for service. I also hear your are really not had one of these "meals but my colleagues have been to it. She's not retiring so don't get any ideas yet . We're just tolerating this amazing master and if you know mary are two things she says. I love you miami, but we love you mary juncadella. Thank you for your service. [Applause] And I know others would like to speak but this is for you thank you for everything . Chair, mayor, anybody . >>chair: in case you all got it wrong she started working when she was 11 years old. Not a mayor . >>speaker: thank goodness there are no term limits. Three years , 30 years, so incredible . I will say commissioner king is happy and relaxed. But we thank you. You've been a lifeline for me . We love you, your fantastic to work with the public and adores you to . >> I wrote something because I'm not a public speaker .- >> first commissioner thank you. First I want to thank GOD, my sons, my family , my coworkers and so many mentors and other amazing people that believed in me and were there for this amazing journey. I'm grateful to be recognized and celebrated with my sons, friends, coworkers, my family . So many amazing public servants. I'm not leaving I have a lot more to give. Thank you. And I want to recognize the rest of the district 14. You for all you do as well so mary, we love you to take a picture thank you and you don't they off. >>chair: take your time falls . >>... >>chair: we're going to suspend the rules that you have to be invited to the well . Everybody who wants to be in the picture,, on down . >>chair: do we have one more presentation? >>chair: we have one more presentation . We have extraordinary groups doing extraordinary things . I'm going to turn it over to commissioner steinberg and the mayor to acknowledge the next announcement, it's jewish american month. >>commissioner steinberg: I see everybody here, I , nice to see everybody at the chair said it is also jewish american month this past week we celebrated five years of israel's independence and is day and time when there is so much hate and so much intolerance , it's so wonderful to celebrate diversity , embrace cultures religions, races . That's why I'm proud to stand here and recognized along with the mayor who also cosponsored this with me american jewish heritage month. With that I will turn it over to the mayor. >>mayor: take yours back . Well, I'm only an honorary haitian but I'm actually jewish . I celebrate all cultures, all diversity, all the time is our beautiful culture and I'm real to be able to recognize our jewish american heritage month so that you commissioner steinberg for bringing the resolution and I want to say we have the most vibrant jewish community outside of israel we are number two in terms of jewish population in south florida and we sent the largest delegation to israel for the 75th anniversary of a place. We have quiet in the chambers please? Thank you. We just sent the largest allegation 800 strong and how the largest gathering of young people largest celebration anywhere in the world so you know our commissions are strong and we know this immunity stands in solidarity in the face of the division and hatred we're experiencing far too often and increasingly we know our community stands united . What brings us together, what unites us is much stronger than what divides us so we're joined by so standing jewish organizations, jewish federation, jewish congress. Because these are organizations that do so much to uplift the message and bring peace and unity to our world so we are very grateful. >>commissioner steinberg: here there's a line where it says for 42 years every PRESIDENT Has their hatred for celebrating the jewish history and folder since you MAY declare the jewish heritage month to a bipartisan resolution of congress led by miami-dade so I want to say today is an honor and privilege to declare jewish american heritage month in miami-dade county and on behalf of all of us, thank you. >>mayor: I forgot to mention the first jewish county mayor. Thank you. Was going to speak ? Absolutely . >> MADAM Mayor, MISTER CHAIRMAN, commissioners thank you very much. So I'm jacobs solomon , PRESIDENT And ceo of the greater miami jewish federation joined by the vice PRESIDENT, brian siegel director of the american jewish committee in south florida and josh sales, we're proud to be here representing the jewish community also representing a group called combat anti-semitism movement which has been encouraging county and city divisions throughout the world to make proclamations such as these commissioners who are grateful for this opportunity. 10 days ago a colleague and friend to the dover passed away . Judy was the director of our jewish community relations council and she along with daddy osterman schultz with the jewish mseum of florida and later senator arlen specter were responsible for bring this to the congress and making the month of MAY jewish american heritage month. It's something we are proud of . You MAY wonder why we're so proud of jewish culture and the connections with anti-semitism, the anti-defamation league tells us although jewish communities in the united states represent fewer than two percent of the population where 60 percent of a crime against religious groups were perpetrated against the jewish community. We believe and I think it's the mayor and commissioner agrees one of the ways we can combat anti-semitism and jwish a trade is by letting people know how we are to play such an important role in society, how proud we are to work together for the greater good. My comment is one of thanks to the county and for the municipalities that provide miami day county . We are the beneficiaries of some extraordinary support politically, economically and in particular for law enforcement and I want to publicly tank law enforcement for being steadfast in support of our schools and jewish community centers . We collectively and probably have to raise billions to provide security for jewish institutions. we can't even with that expenditure can't do it without law enforcement and we are very grateful to the county and to the municipalities so iq for this joyful presentation . Thanks for bringing it to the table and thanks for your apprenticeship . This is a time when everyone puts out all the time everyone needs to stand up against hatred, injury and intolerance of any sort . It seems like tolerance is such a low bar . We want to get to respect and celebration this is an important part of that. >>mayor: I'm not sure if you're aware that haddasa was instrumental in getting the act passed in congress. Things it does is advocacy as well as our teaching hospitals and the villages. >> to reiterate jacob solomon's profound words of appreciation. We kow how fortunate we are to live in this community, one of the most pluralistic in the united states and we know how important it is to be allies with other communities. You want to have a friend you have to be a friend so the jewish cmmunity is committed to reaching out to our friends in other amenities and being a resource and finding ways to work together . We at ajc are proud to partner with the jewish federation in its efforts and we sometimes say we have to take out the toy and put in the joy so that's what today is for us so thank you so much for allowing us to be your . [Applause] >>... . [Music] Will . >>clerk: [Rollcall] >>chair: hold on, MADAM Clerk. Sergeants, close the doors and if you're talking at the back of the room you shouldn't be talking at the back of the room . We are the back of the room these sergeants. So when she starts actually calling roll that everyone's q to be quiet. Call the role commissioner please . >> from the beginning . [Rollcall]... [Rollcall] We have 10 members present, we have a quorum . >>chair: please rise for the invocation and pledge of allegiance. Now your heads. GOD today we come before you asking your mercy, your grace and your guidance. Allow us to wait with strength in the world. Make us good doers of your will . 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 memory and justice for all. What is that ? Okay. Yes, so let's do reasonable opportunity to be heard, does that sound like a good plan ? Why don't we start with reasonable opportunity to be heard. When I call your name of me your name, your address. You will have two minutes to speak at the first three names. Eva coleman , amber and joshua greene father. >>... Go ahead please . >> my name is josh , I live at 5230 southwest 98th avenue road miami florida 33165 here representing 91 keepers of policy analysts I 2 b2 to discuss the ongoing water quality issues . Our report card has shown recommendations at the forward to ensure the health of the day . Although back story I've lived in miami my life. one of my earliest memories is swimming and fishing, getting away from the hectic city environment so the issues we're seeing our new. Around the estates area I remember seeing these lush seagrass beds turn to more dispersed it seagrass beds that had this covering it . At the time I didn't know that ecological implications of this but I knew it didn't look good . Moving to the present I can see it's clear to me and many others but we are seeing in biscayne they is a result of increased urbanization, runoff and a lack of engagement in community action which has led to the degradation to the point where he spent with fastest tipping point and we're seeing habitat loss and greater dish hill points ecological health is being shown scientifically for the biscayne bay report card . Almost all regions showing elevated nutrient levels decrease in seagrass cover. We at miami water keepers see the pollution as a long-term issue that will take all of us down to the community and its local citizens . This is why I recommend continuing resources and initiatives for community outreach, education showing the importance of the bay and how we can all help to ensure its protection . Miami is home to many of us and biscayne bay is our backyard. We can't afford to lose it. >>chair: thank you very much. >>speaker: amber ketterer, I'm here today on behalf of the city of miami to respectfully request a continuance or denial of agenda item 14 a1 and there was another item withdrawn regarding rtc . This one was added to the agenda this request is in order for the city of miami to fully resolve our conflicts pursuant to chapter 164 regarding the rapid transit zone known as the rtc and its amendments and extensions. It will expand the rtc in the city of miami-dade and authorizes properties in the smart corridor or some zone that our metrorail station governed by c8 to be developed pursuant to the development parameters set forth in that section. It expands regulatory restriction in the smart grid or some zone in properties leased operated and maintained and expands the smart corridor or some zone to encompass new private property including property 3650 bird road within the city of miami. The rtc and its expansions purport to serve the jurisdiction for all regulatory decisions including but not limited to comprehensive planning, district boundary changes , variances, site plan inspections, permits and inspections, compliance with the florida building code, issuance of sales , subdivision approvals and all other types of subdivision and building functions notwithstanding section 6.02 of the county charter which provides each municipality MAY provide for higher standards of service and regulation than those provided in order that its individual character and standards MAY be preserved for its citizens. The city and county are engaged with conflict resolution under chapter 164 of the florida statutes and as such we request a continuance or denial of the item. >> eva call on. Ever. . >> greetings to everyone. My name is very short . I live at 30 991 southwest 49th avenue. [Speaking spanish] I am in district 1 . [Speaking spanish] I'd like to thank our interest in buses and trolleys. [Speaking spanish] For those of us who don't own a vehicle we could use a trolley fr an emergency . [Speaking spanish so if you could take this under consideration . [Speaking spanish] [Speaking spanish . >> I want your service to work for our community thank you very much . >>chair: grosse yes okay. That was the last name we have for public hearing so opportunity for public hearing is now closed . And now MADAM Attorney . >> item to be senator garcia and commissioner cohen higgins added this item to the pull list, that's item 2b2. Item 7b and its supplements, a supplement was added to the agenda. Item 8c2 , commissioner gonzalez is adding this item to the pull list, that's item transit 8c2. 8e2, senator garcia adds this item to the pull list. MISTER Chair , item 8f1, commissioner hardemon is asking we withdraw this item . Senator garcia and commissioner cohen higgins are adding this item to the pull list so the commission would have to decide what to do 8g5, commissioner cohen higgins adds this item to the pull list. 8g5. Commissioner cohen higgins. 11a5, commissioner gonzalez adds this item to the pull list. 11a6, commissioner cohen higgins is adding this item to the pull list. Item 2b3, she also wants to call this item so that would be added to the pull list as well . We have additional requests for cosponsorship. Commissioner bastien . 7a, commissioner gonzalez. 8e1, commissioner bastien . 9a1, 11a1, 11a9, commissioner gonzalez cosponsor. 11a10. The items to be considered , excuse me. I'm sorry. And in addition commissioner bermudez would like to scope cosponsor items 9a and 11a4. Items to be considered will be those listed in the final printed agenda with scriveners errors listed. The commission will provide these items by single vote setting the agenda except ordinances for first reading. Ordinances set for second reading, item hp seven a commercial service report contract which pursuant to florida statutes wll be voted on differently and the following items. Item 2 b2, 2b3. 8c2 , eight e2 MISTER Chair on item 8f1 we have a request to withdraw . >>chair: it's been released by commissioner cohen higgins. >> I will release it . >>chair: thank you . >> I have serious questions of administration . >>county attorney: with the setting of the agenda we determine it withdrawn. Pull list as well as 11a6. A motion to set the agenda is in order . >>chair: all those in favor signify by saying aye. Let's take the item real quick . >>county attorney: it's item 8p7, we just need a motion to approve a piece of it . >>chair: seconded by commissioner bastien. Roll call? All those in favor signify by saying aye. Show it adopted . >>clerk: does the CHAIRMAN Want to do 11a1? That's the first reading item. Yes sir. 4 a was withdrawn and 4 deferred to know date certain. Comprehensive development master-planned providing disposition of application of our cdmp on the south side of 120th street. Between southwest 192 avenue and southwest 194 avenue filed by our communities 14 llc in the OCTOBER 22 title to an end counties comprehensive development plan providing separability inclusion in the code effective date. F-14 one relates to the statute 30 3c2 and 30 3c 3.3 of the code expanding the smart corridor or some zone to encompass certain private property within a half-mile of the douglas road metro station authorizing properties near metro station governed by 53 c2 to be developed pursuant to the parameters set forth in 33 c8 clarifying the county owns properties maintained by miami-dade county providing separability inclusion in the code and an effective date. Those are your first reading items . >>chair: they been moved, does anybody wish to bifurcate anything ? Call the role. >>clerk: [Roll call vote] Motion passes unanimously. >>clerk: 5a relates to environmental protection authorizing limited exception to 2283 for approval of building permits for single-family and duplex residential developments with on-site sewage type I system subject to certain requirements providing separability and an effective date and it's too supplements, 5b creates a petition to close a portion of right away along the south side of 216 three five goulds llc and 5c approves a plat filed by 7711 apartments tracked llc. >>chair: public hearing on these items are open. Public hearing on these items are closed . Anybody , can we take all of these together? One is an ordinance for a rollcall vote. >>chair: moving all the items, no questions. Second. Call the role . >>clerk: [Roll call vte] Motion passes unanimously. >> item 7 and ordinance related to bid procedures amending section 2 b 8.4 of the code protesting selection committee recommendations submit written objections to county procurement professionals within a certain time after receiving a coordinated report or waive such objections, providing separability, inclusion in the code and an effective date. 7b is a ordinance relating to prequalification pools for the purchase of goods and services; amending section 2-8.1 of the code of miami-dade county, florida; establishing procedures and reporting requirements for prequalification pools; providing exceptions; and providing severability, inclusion in and exclusion from the code, and an effective date. and its supplements, 7 c is a ordinance relating to the military affairs board and office of community advocacy; amending sections 2-1, 2-2427, and 2-2105 of the code of miami-dade county, florida (B ODEb ; amending the rules of procedure of the county commission regarding the duties of the chairperson; transferring the military affairs board from the office of the chairperson to the office of community advocacy; transferring responsibility for administering the goodwill ambassadors program from the executive director of the military affairs board to the office of community advocacy; deleting section 2-2105.1 of the code; amending the fiscal year 2022-23 adopted budget to transfer funding and positions for the military affairs board to the office of community advocacy and to amend the table of organization in accordance therewith; making technical revisions; providing severability, inclusion in and exclusion from the code, and an effective date. 7d is a ordinance relating to zoning in the unincorporated area; amending section 33-150 of the code of miami-dade county, florida; revising exceptions to spacing and distance requirements for alcoholic beverage establishments; revising minimum size requirements for exception pertaining to restaurants with accessory cocktail lounge-bar use; providing severability, inclusion in the code, and an effective date. 7e is a ordinance relating to the targeted jobs incentive fund program; amending section 2-1256 of the code of miami-dade county, florida; eliminating the deadline for acceptance of applications by the beacon council; providing severability, inclusion in the code, and an effective date. 7f is a ordinance relating to noise regulation; amending section 21-28 of the code of miami-dade county, florida; prohibiting operation of noise-producing construction equipment and machinery at or near residences during certain hours; revising provisions related to intent, applicability, and enforcement; clarifying countywide applicability; authorizing municipal regulations; making technical changes; poviding severability, inclusion in the code, and an effective date. 7g is a ordinance relating to the building code; amending article I and article ii of chapter 8 of the code of miami-dade county, florida; adopting relevant florida building code appendices; revising definitions; revising qualifications for building official, plans examiners and inspectors; clarifying the roles of special building inspectors; establishing procedures for certifying broward county plans examiners and inspectors; deleting references to fire inspectors and electrical sign inspectors; deleting provisions relating to certifications issued prior to 1992; making technical and conforming changes; and providing severability, inclusion in the code, and an effective date. Ordinance amending the boundaries of the ojus sanitary sewer special benefit area (Osssba) In miami-dade county, florida by adding two properties; ratifying the non-ad valorem assessment roll, rates and assessments for the osssba for the fiscal year commencing OCTOBER 2023 and ending SEPTEMBER 30, 2024; and providing severability, exclusion from the code and an effective date is a ordinance amending the boundaries of the ojus sanitary sewer special benefit area (Osssba) In miami-dade county, florida by adding two properties; ratifying the non-ad valorem assessment roll, rates and assessments for the osssba for the fiscal year commencing OCTOBER 2023 and ending SEPTEMBER 30, 2024; and providing severability, exclusion from the code and an effective date. Those are your second reading items. >>chair: commissioner bastien, you are recognized. move it, I will second. >>chair: commissioner. i need to bifurcate 7f because there is an amendment the attorney can read into the record. It gives her another exception. To do that now? >> commissioner steinberg moves to amend 7f to provide an exception on behalf of a public electrical or gas utility to provide a fee for temporary permits. In the amount of $130 or as MAY be established by implementing were approved by the board of county commissioners and provides late in the implementation of the construction equipment regulations to AUGUST 1 2023 the indiscretion significant time program for temporary permit in their permitting system. >>chair: this is your item, right? Show it amended. Commissioner cohen higgins, questions? >>chair: let's go ahead and bifurcate it. Show it bifurcated. Anything else that needs to be bifurcated? Call the role on the rest. >> CHAIRMAN Needs a motion and the second. >> it's moved by regalado, seconded by bastien. >>clerk: treat the. Vote] Motion passes unanimously. You are recognized. >>commissioner cohen higgins: it carries a penalty not exceeding 90 days, this language is pretty standard in our ordinances but the potential of somebody using equipment after 8 pm and they're not being a tiered structure like for example first-time warning, second time fine, third time is the potential for imprisonment it seems like someone of their very first offense could face the potential of six months in prison and I wanted that to be clarified and if that is the case I'm not sure that we want to imprison pople for noise violation on their first offense . >> that language to clarify is therefore all the other noise violations. It's a standard language, it is one fine that applies to any violation of any county ordinance at the discretion I think of the state attorney's office as to whether to bring them and my understanding is if there's not county enforcement more relies on ecc which is civil penalty . >> I know this is not an amendment you brought, it's standard language in all of these ordinances but I do think we're looking at measures asked the board like reducing penalties for unpaid tickets and things of that sort. Imprisonment for noise violation seems extremely excessive so I don't know if it's appropriate to use this as a starting point or lean in and look for a more comprehensive approach. I feel uncomfortable with the potential of anyone in our community facing this kind of penalty for this kind of violation. The only difference in the existing ordinance is that currently today it allows for , it has an entire section today that includes horns and radios and photographs . I guess the commission prior to getting this added, lawnmower and equipment . All we did was clarify construction noise like jackhammers in the middle of the night but we need a mechanism for acceptance because we understand sometimes night work is necessary. Didn't touch where that stands . I'm open to a more comprehensive look at that because I think it's more comprehensive conversation we should be having. >> what I think I'll do is put in requests to look at these noise ordinances and where that language presented an option for a state attorney have the discretion to put people behind bars for two months for a noise violation I'd like to look into amending that to move it across the board in all of these noise ordinances. >> one other request . >>chair: out second your item when you move the item and I'm open to that conversation but we need to be cognizant that we're actually policing those situations . That's the aility to actually go against a law enforcement officer real authority in this situation so if you are moving like from a party and the police officer not just a prosecutor can't prosecute but the police officer can't make the arrest either so if he can't threaten a comment if you don't turn this down someone will get arrested because we don't have that in their then I think there MAY be something. In the broader conversation we need to have law enforcement be an active participant in the conversation. As someone who's had to respond to noise complaints on a regular basis without the threat of going to jail people just keep their music up . >>commissioner regalado: I was going to mention the problem with enforcement and egregious actors and in every district is different . In areas where you have smaller lots it's a lot more impactful than in areas where you have larger lots, in areas where you have more density becomes a bigger problem and can become a bigger nisance so for those of us that have pockets of density we need to have some level of enforcement. I think as a first step maybe you request the data to see if anyone has in fact ever been arrested for this. I think you start there because why do we want to legislate on something that has never even been truly effectuated and it's just used as leverage to ensure that there is some level of enforceability should something that egregious . At a minimum the data to see if it's ever even happened and always I'm open to looking at our code and trying to find more agreeable solutions. I can tell you at the school board we worked with carlos martinez on double citation and with this board back in the day where that's effective but you have to be careful with presentation because a lot of people consider it the cost of doing business. So you've got to look at , the police and look at how it plays out and if they're having a egregious actors maybe the modification is for an egregious component so that there's a higher standard to make that determination of what's egregious as opposed to eliminating it atogether. >> thank you for the discussion. I agree we need teeth and we're looking at this in south dade in district 8. We have a noise problem we constantly frequently get calls about. Our law enforcement has difficulty enforcing this because they don't have the decibel level marker to determine what is considered loud so right now we have an ordinance I understand has been on the books for a long time that's not tailored. Egregious actors there needs to be penalties but right now this ordinance as written allows the first violator to face the potential of time in jail and I think that's overreach. >>chair: let's call a vote on this item . >> are you moving with the floor amendment the county attorney read on to the floor? Commissioner cohen higgins moved an item we can look at penalties altogether. >>chair: call the role. >>clerk: [Roll call vote] Motion passes unanimously . >>chair: MADAME Myor because it's te third time I've heard this about them not being able to arrest and it was my understanding and I hope you could get somebody to look into this. For her district and everyone's district because not having a set decibel is supposed to give police officers more discretion to arrest because then they can arrest any time it's unreasonably loud so it was always my understanding in practice that day that gave them more latitude . If they aren't making the arrest that might be a thing but this gives them more latitude so when you set decibel and they don't reach that decimal even if it's a little bit below it's 3:00 in the morning they could still arrest. Understand that we have now so most people modeled themselves under our standard . So if we're hearing from our law enforcement they can't make arrests because of a decibel that's something that needs to be looked at because that's not supposed to happen in those situations. >> assistant director carruthers . >> tom buchanan, assistant director miami police department. I hear what you're saying and we would have more discretion if there wasn't a set limit like you're saying. We're leaving that up to the police officers. The question would be do we want officers to make those decisions or do we want to legislate it to where there is a standard and if it's not met in the officer would . >>chair: the issue will become where having these conversations with the community such that the discretion is being utilized in a proper way. If they're coming out saying we can't make them turn it down I understand that but they can't address it because there's not decibel. I think that's probably something. If you could work with our southern commissioners and anyone who wants on that item because they MAY not require legislation. >> that can be could the education so we culd put out to our officers give it a little more in that situation. >>chair: I appreciate that. MADAME Attorney, what's next . >>county attorney: the first item is 2b2 . >> commissioner from the 13th district . >>commissioner garcia: this is on the report on the condition of our bay . I don't see anywhere on the report what the next steps would be. What is it we we would be doing to protect and preserve our bay ? Do we have any information on that? >> thank you commissioner for raising the point . We are fortunate we not only have this report card which was on legislation but commissioner cohen higgins is chairing a very important task force and she wants to talk about the work they're doing but I can tell you this, this report card lays out the next and the sponsorship of commissioner higgins we have a fertilizer ordinance. Now that were going into the rainy season we're not using fertilizer during the rainy season. We've increased our enforcement of construction sites that are polluting the waterways. That is another source and we are aggressively pursuing septic to sewer so those are three of the major actions. We have our director lawrence gomez for further information if desired. . >>commissioner garcia: I'm good MISTER CHAIRMAN . >> I pulled this item only to highlight the report card as pertains to the condition of this candidate and to ask the administration if they were open to a merger or a complement of this report with a report we're going to see on our next agenda which is the watershed management advisory board annual report. That complements and further details the items expressed in this report. MADAME Mayor if you're open to it I'd love to encompass this report card this year on an ongoing basis. It was created at a time when the watershed management advisory board did not exist but will that the state level and local level in this report card is a wonderful one to incorporate on the next agenda so your cooperation I would move the item. . >>mayor: it would be a great honor and privilege to have it elevated that way I want to emphasize commissioner regalado has been a key ally in the septic to sewer side and it does showcase actions in impervious area standards and storm drainage systems . So we hope we can have action from this board on those items . >>commissioner regalado: we've been working on the policy side to make the septic to sewer conversion more feasible so I want to thank staff and the administration for working on that . I would say if we're going to merge it to points. The fact that we cannot regulate agricultural runoff doesn't mean we can't measure it . We're at a point where we need to measure it and I know we have university partners that would be willing to do that because just screaming preemption doesn't allow us to look at the data. We MAY not be able to regulate it but I think we should measure it and keep track of that because in the future, it allows us to tell the story with the full data so that the war. Number two , since we have been making the necessary changes on the ordinance side in terms of feasible distance types of septic tanks we're using now I'm working on pump stations , I think at some quick we need to add the data on how many septic tanks we have to how many we have decommissioned . We decommissioned a few in my district that took forever but also which are the new septic tanks which are septic systems that do not week and half monitoring which are the septic tanks that are older septic tanks that do not have expressions because at some point this board will have to have the difficult conversation of inspections because we might as well in the data to show how many that we have, how many were decommissioning that we are requesting, thank you. >>chair: with that I need a motion on the item. It's been moved and seconded . All those in favor signify by saying aye. Show it adopted. By commissioner cohen higgins, you are recognized. >>commissioner cohen higgins: in relation to the discussion with this same day this was created by former commissioner sauza and were our waterings in miami-dade county sewage lines in this game they exacerbate an already serious problem . In this report is important all the contractors on your list as much as nine times in a form of period . I'm going to review that nine water named cuts in a form of period by this company. The report is running towards attention repeat violators and really water and sewer drector . She alludes to the fact steps are now going to be taken because of a new initiative ordinance presented requiring steps to potentially the body's companies and I like for you to MISTER Director because unfortunately as stated there are refugees offenders on this report . >> jeremy gilbert, commissioners mayor ,, I'm director of miami-dade water and sewer records as you accurately describe does he offenders . This is a relatively new process so that all this is the second such report first came out requirements of the apartment was to submit a list of those names b our assets . Pursuant to that report is been amended to include aspects and include bargains . Our direction and I think it's clearly spelled out in the final is once we supply this report to you make the determination that an individual or individual company is on that list three times within 12 weeks for damaging our assets to be considered for debarment is not an automatic process. They will decision . >>commissioner cohen higgins: and will you be presenting and ask and be contractor for the violation many times in four months? >> if the final report and many of those state we are in investigation, we have three stages of investigation , we the repair of the second stage is when we investigate and determine our opinion they are at fault . We put them on notice that they have the opportunity for their insurance companies or their business representatives to review our findings and this degree. Once they agree on behalf of three minutes in them. If we are in dispute we will call the dispute before we and a . >> is my understanding that are active requires were six months, with our next report received an update on which companies were represented to go through the process ? >> we will have your request. >>commissioner cohen higgins: I would like that request. >>chair: I think he's going. >> thank you commissioner , you hit the nail on the head . It makes no sense to me that we can have a contractor doing business with county have nine incidents . Hearing your response with me more ease but you did say something beginning that this is a new process. What's the process, going after repeat offenders? >> reported that to you every six months, this is only is such report is a new process to seek disbarment . Prior to these directives we simply go after our own. We didn't have any debarment's tools . >> is safe to say at this point that if there is like a contractor who has multiple violations were multiple incidents of damaging our assets that we're going to go after them . >> yes, absolutely. >> monetarily . >> we will do that and always have that will. >> what's the timeframe that someone goes to the second is the third mark and what is the timeframe, how's that process will go after them? >> reason letter to the national county and their debarment . i have not spoken assessment be . We MAY have to work through the first one and figure out . >> I think this was to have all the information appreciate your desire, this is a great it's been more transparency as we were this process so that you heard it from, there's a few more will be interested. He will, not by martin county for redress I guess you try to fix some other controversial errors you very much. >>chair: commissioner higgins ca as I think you all know the first report we saw is the one that spurred me to say this the same name over again is the same guy in the previous six months report now has nine on this report . I feel like it's the same one in the previous six months report we had I think it was six," now we have nine losses a get together and figure out how to get this person to stop cutting through our water and sewer pipes in miami dade county, that's why we asked this thing will ever need to coordinate and whoever else is involved, I'm sure we have previously complicated disbarment process but this is ridiculous and figure it out. Then I know roy, you're up there defending our water and sewer infrastructure but the ordinance passed also as far as people , who routinely this are other public works infrastructure so not only in dealing with water and sewer. Meet me to the itersection need a check in on what's going on with those others. Roy, please let me know if I do not write leeway retrospectively what's happened in the past few months , let me know and I will make adjustments to the ordinance. >>chair: commissioner bermudez . >>commissioner bermudez: I have a question from the county attorneys perspective. In this report, you make reference , you talk about debarment advised the business development a contractor funded in violation more than three times . So I guess maybe the question for the county attorney's office is his or does there have to be something else that has all the work he ? In other words, with a goal from you to business development it is there or they hire a lobbyist or whatever . How the process work ? Can the attorney's office in what me ? >> I can tell you this will be novel activity for us . I don't know if there's a written practice on how we will interact . We will find that out . So those on this report you notice are still in the process of determining if the other side is going to british or we will have to find a normal process but mostly get those determinations made and resume disbarment . >> my guess is in a these cases the other side contractor will say is not my fault . >> they always do that, every time . >> points as commissioner it is pointed out, repeat offenders is the kind where you tell your kid and did you take the key, nobody happens five times in the . Desire to go a certain direction that's why I'm such a big bliever of metrics . What happens after you pass these rules are they really being carried out the way we intend to carry out a policy ? I have a concern here because they're always going to say it's not my fault that's just the reality that we can still go after them legally for the money and say you're not like any more business. You've done the same thing over and over you and your expertise and say that the case I don't want that lost between the time you make that determination goes to te department of business development. >>,we understand that your right . In 100 percent of the cases we're on the verge of 100 contractor claims is not their fault was a long nice it wasn't located directly we take pictures three . Take asher's post even legal aspects process while we can all continued to argue with a determination and move forward but we give them every opportunity her in case we have made a mistake as this is every single time we will make the determination after giving them reasonable time to supply any evidence that might refuse. >>chair: before we go to commissioner regalado brief , and I don't want anyone listening to misunderstand. We just want you to enforce the rules that we pass the legislation with the intent in which he has been where not directing you to the bar anyone, we're directing you to get the process. Process . But we did have an intent these people from doing these things usually. So that should be always adhered to. >> just quickly and to my colleague to this point I think that commissioner higgins did a good job of crafting this legislation and I remember when we look at what the questions was it had two parts. a, this concept of doing business with the county I versus by privilege that was the number one thing that parts that were missing with disbarment. It is of course we're going to have due process with the underlying question is do you have the right to do business with the county if you do xyz I think that's very clear that we will see how that process plays out. Report brings up an interesting concept of liability do you say this has happened so many times for this particular piece of infrastructure is so important that a damaged unit is strict liability . The county needs to be reimbursed and you figure it out amongst yourselves in what way so I'm just putting out there because I think given the investments that we're making in infrastructure , at some point we should have a conversation about that. Because one thing is what we talked about, people opening and commissioner supper manhole issue it really is someone old and great idea to deal with flying and we end up on the phone talking septic disaster . Things that happen because of lack of knowledge then there's a regis asked the board to consider moving forward but be at some point we have to have a conversation strict liability comes to certain infrastructure because it's too important for us and we're making such use and is that people need to be on notice that they happened to them is certain infrastructure it will be used for liability. >> I might need this report . As chair , all those in favor signify by saying aye is accepted . We are now on to 8c2 as polled by commissioner gonzalez . >>commissioner gonzalez: I called the and you vote no c1 show is an object, commissioner gonzalez showing number 8g2 . >>commissioner garcia: we are asking for 4.5 dollars. I'm serious where the process is break down this will not capture as part of te initial report ? If we see it again, these are issues tat need to be resolved because the public sees this isaiah is an additional 4.5 million dollars so can someone bring a like to MISS? >>chair: long for . Matt maher . >>mayor: we have a representative from miami-dade rescue address this issue . >> she shot hall , fire rescue we have limited secondary review for the future . This particular appendix was it wasn't included in the recognition . >> MISTER CHAIRMAN I MAY I appreciate $4.5 million will so what process you're implementing finish with this on again? Maybe it should be in the hospitality . >> absolutely. It was basically it went through one individual and even out in the future measure it goes through another set of eyes and even two sets of eyes to make sure we didn't MISS Something like this . We understand this was a huge oversight but we will make sure it doesn't happen again. >> c1 I needed . Vice chair, all those of you saying aye . We up to 8g5 paul by commissioner cohen higgins, you are . >>commissioner cohen higgins: this I am I call because this is selling a 17 million dollar unsecured claim we in miami-dade county on a private company for 30 percent which is a $5.1 million understand the events behind us understand te intent and if someone from the administration because I do have a question . I understand brd in the hand is however the saying goes. Bird in the hand is better than bush . i gave it, okay . >>chair: that's because you are. The south, south . >> bless her heart. I am from jamaica. Okay. So it's easy . The question is I am a bit concerned regarding the timing of this . And the fact that we as market . I present on the dollar 80 a good deal but it MAY not be a very good deal if we just waited there is my understanding early in the fts bankruptcy claims this county of miami dave county offers asset was to we see this for sale, who has the best offer ? That question number one is too early to sell this in line is we 19 million dollars collectively already be ftx peace prosperity plan . I believe this so many in reserves we spent the last two years and if that's true what is the rush to sell the million-dollar asset five million dollars as opposed to waiting a bit longer because my understanding is it's early in the bankruptcy process . >> are in an area of uncertainty . We don't know when the best sale would be . this bankruptcy process MAY take years for it could be a couple of years but we don't know how to transaction we will have a fture point in time. This is trying to reduce uncertainty . There is money left over, approximately 9 million from the original 19.5 that was how . 70 percent of the 19. >> was allocated to these prosperity that's waiting for future vision because it's a for use in the trust fund the issue of why now I did , we have a claim that is due to liquidation damages from a contract . We haven't lost any money per se but we lost an opportunity to make money . We also replaced the park, it's a separate transaction but we have recouped the lost money. We recouped the money that we would have lost . There are types of payments in bankruptcy employees , use the vendors and investors . You've got employees vendors investors ad others that would probably have strong opinion in the landscape of things. The current marketplace for ftx bids is that jesus sense on the dollar . We believe cancer has been motivated by our offer . And we did hold the industry and talk to a number of different firms about the next best offer that we had was 36 on the . >> junior alice, chief operating officer. He reached out to us was that this company we're going through the process of pushing for naming rights but when they process with offer was when he says as I recall. Then working with you bruce is a banking expert , four or five or 68 in this business. These claims he and we spoke to several of them and cancer is one that made us the offer of $.30 on the way contract is his the floor, not the ceiling . It is a sense minimizing risk . We are an unsecured creditor so usually bottle a whole where the $.30 on the dollar is a lot better than we might do admission currently trading at $.20 on our markets the plot was to some degree of money now, have it in reserve and is there in case we do have shortfalls but you're right, in a sense it could be better for your home now. It could be worse but the interesting thing about this is even if it turns out that in bankruptcy claim gets nothing melody left me still need our money . the only way we would not have to return an is is it works fine our claim wasn't 17 million dollars that was less than a zero because there's nothing left wiki 30 cents on the dollar amounts of risk and if you want to wait we can wait and go down, it can go up. >>commissioner cohen higgins: the first offer that came in was said that it was it cents and the beginning of this proceeding. We can sell the asset and get out and say as participants in the bankruptcy . Do we have someone that specializes in bankruptcy that can communicate tune a littl