Miami-Dade Board of County Commissioners

>> test miami-dade . >>chair: commissioner gilbert, a moment of silence. Thank you, you MAY be seated. All right. Mdm. Attorney should I move into reasonable opportunity at this time . >> yes sir, know that you have koran then we have reconvened . >> we have seven speakers signed up to speak. So I will go into reasonable opportunity to be heard at this time. When I call your name state the item you're speaking on your name and address and you will have 2 minutes to speak. Sharon frazier, michelle, joe, hector , james torres, billy corbett and thomas kennedy, line up on each side of the front aisles and approach the well as it bcomes available. >> ladies first. >> I am michelle niemeyer, 240 biscayne blvd. And I've been in the district since 2018 in district 5. I'm here to speak on 11 a1 and 1182. On 11 a1 I want to ask you all to be vry very careful about the idea of selling the ash from the incinerator. I was a lawyer who represented the merry christmas park residents and there's a lot of danger with that and when you sell that stuff you could be legally liable if something hppens. On 11 82 I am here to ask you give us a special election, the residents deserve the right to vote. And if you do not, and you decide you need to appoint I know that you believe you need to save this money on the election, if you do that I would greatly encourage you to appoint joe sanchez. I was the village council chair and on the council for nine years overlapping the time he was with the city commission he was an exceptional commissioner for his district and was an asset to the entire city while he was there. It was a wonderful thing and I supported his mayoral election contrary to the desires of most grove residents because they had no idea how much he had done to help all of us and he represented the residents overall and just did great things for us, thank you. >> german, commissioners. My name is joe sanchez, my address is 1684 sw. 17th ter. I have lived in the district for 55 years and I am here with one simple message. The district 5 deserves a vote. This moment is not about politics, it's about the people who live here in this district who work here, who have raised their families like we hve. It's about respecting the voices of the people and protecting their constitutional right to choose who they represent. That right is the cornerstone of democracy. It is our GOD-given right. I've served in the united states armed forces to defend the sacred right and I strongly believe it should never be decided, influenced or negotiated behind doors. Closed doors. Our district deserves transparency, our district deserves a voice. I've heard there are some concerns about the cost of a special election but democracy is not an expense. Democracy is an investment. We cannot and should not put a price on the tag of the right of the people to decide who represents them. Another concern mentioned is that district 5 would be left without representation. With respect I disagree. Every commissioner on this day is represents all the residents of miami-dade county. Advocate for countywide issues every day. I have full confidence each and every one of you will step up during this brief transition to injury district 5 needs are protected. That temporary inconvenience is a small price to pay for democracy. I advocate for countywide issues every day and have done it for many years. As an elected official and a police officer. Now because the commissioner pointed out in the process, can I finish? I ask you to please consider and give the people the right to vote. >> good afternoon commissioners, some of you know me, my name is hector, I'm retired law enforcement, I had the pleasure of knowing commissioner garcia for many years, jc bermudez is a friend of mine and a friend of my old office the miami-dade public defender and I remember you as a young attorney. A great attorney at the miami-dade public defender's office when I was an investigator there. The reason I'm here today sir is because I am a disabled vietnam era veteran. There's over 500,000 men and women buried at arlington cemetery, more than 2 million veterans buried through different cemeteries in the united states and the price of democracy as a price. I'm here to urge you to allow for a special election for those of us that live in dstrict 5 and if you decide to name someone name some that is not represented on this board, meme veteran to the miami-dade county or of county commissioners, thank you. >>chair: thank you sir. >> greetings MR. Chair. Hon. Commissioners and mme. Mayor. And anyone that's on this day is, my name is sharon frazier stevens, six 516 northwest >> greetings MR. Chair. Hon. Commissioners and mme. Mayor. And anyone that's on this day is, my name is sharon frazier stevens, six 516 nw. 12th avenue liberty square housing development. I am supporting item 2b2, 2b3 talking about the speed lmits and also 2b5. I know you guys do the best you can to hear the voices of the people with these items. I have called the city of miami several times about the dump on 12th avenue every time I walk my dogs in the morning from 65th to 62nd ter., the speed is one way, I live by the wall. The famous wall, thank GOD for that and when I get out of my car I have to jump back in my car because they come down that one way like a bat out of hell. And I don't know if it's the job of the city or the county because the city is on the east. It's always the city but the related group is doing construction there and all we've got is a lot of dirty, people just dumb thing and I called the 311, called code enforcement to ask them to clean it up because it doesn't make the neighborhood look good . Giving honor to my honorable chair roy hardemon. My heart is heavy because me and roy used to have many debatable nights. And I know it's hrd. His heart was full of passion. He took the passion and I try not to let myself go at that but I know it wasn't nobody but GOD will me up because somebody kicked me out of bed and I said would you stop that, he said you're another christian but I said we've just got to tone it down, GOD bless you all. >>chair: thank you MS. Fraser, james torres and tom kennedy. James torres , ray corbin and thomas kennedy. With that reasonable opportunity is now closed. MADAM Attorney can we set the agenda at this time? >>county attorney: yes MR. Chair. I have item 8a1, senator garcia adds this to the pull list. >>senator garcia: release it . >>county attorney: with the setting of the agenda 8a1 will be approved, commissioner steinberg and orbis add this item to the pull list. 8p1, senator garcia adding this item to the pull list. 8p2, commissioner hardemon adds this item to the pull list. I have additional requests for cosponsorship, 8j1 and 11a1, senator garcia and a request from commissioner regalado to paul 8j1. Items to be considered at today's meeting will be those listed in the printed final agenda with additions deferrals withdrawals and scriveners errors noted in the CHAIRMAN's memorandum and the items I just mentioned, commission will approve these items by a single vote setting the agenda accept ordinances for first reading, public hearings on the following pull list items, 8j1, 8m1, 8p1, 8p2 and 11a2 and its supplement. >>chair: on the agenda go ahead. >>commissioner mcghee: I would like to make a motion to add to the agenda my motion to set the special election anuary 27, 2026. >>chair: you are not recognized by stearman, anything else. >>county attorney: we need to add item 15b1 to the pull list . >>commissioner mcghee: so we are not recognizing the motion I made, I understand that. I understand that but I'm looking for clarity here. I'm just making sure. . >>commissioner mcghee: this is the part where we set the agenda so what I'm asking is is my motion to set a special election, listen, don't do that. Don't do that please. It's a courtesy and I understand that. This is the setting of the agenda . >>chair: I will entertain a motion to set the agenda at this time it's been moved and seconded, all those in favor of setting the agenda signify by saying aye. All opposed no, commissioner gilbert on 11a2 as a sponsoring commissioner . >>commissioner gilbert: I appreciate your opinions, thank you to the candidates who submitted their names. Before I get into inserting a name let me talk a bit about my item in favor of appointing at this time. I get the conversations about democracy. I think some people are making kind of in a self serving way but I get the conversations. If you really favor democracy you want this election to be held when people are going to show up and vote. I see what happens in the special elections. Through 12% of people who have the most money stored up at the time, those are people who can get their voters out, those voters, else, it is a very low turnout and someone is elected, I appreciate that but what we're saying is we are going to spend $1 million for 12% or 13% when we could actually have it when everyone else is on the ballot and people actually are coming to vote. It's extraordinary that we're saying we want and we are in favor of democracy but we are asking for an outcome that by its nature has yielded fewer and less participation. If you really want people to participate, you want them to participate when elections happen, when they know they happen, when everyone is turning out to vote, when everyone is talking about their issues. I appreciate the calls for democracy, that's why I think this process is allowed by our rules, by our charter, by our ordinances for this very reason because the people who crafted them realized sometimes it would be pragmatic to have a special election and then five months later have another election. They realize that would serve the people's best interests not in the name of democracy and not in the name of fiscal responsibility. So I am in favor of doing the appointment. Having said that I'm familiar with all the people who , well, most of them and I have nothing bad to say about any of them. I have a great and abiding respect for joe, for david, for commissioner guerrero, for vicki lopez. I know them. I'm going to ask we appoint vicki lopez state representative to this seat. That's going to be the name I insert and she isn't here today, she's up in tallahassee doing her job as a state representative, she currently represents this area. Part of the things I considered was the folks that are here they represent part of the district, they have represented part of the district. She currently does. So the people who live in that district who had an opportunity to hear her, talk to her recently on issues that aren't completely dissimilar from the ones we considered, they had that opportunity and they elected her. So when you talk about what the people of district 5 wanted we know they liked her son because they elected her then. I don't know what will happen in AUGUST, I don't know if she will win or lose, I feel confident in her leadership, in her service. I've had the opportunity to work with her first as CHAIRMAN Dennis vice CHAIRMAN And commissioner, she's always responsive and when we go to tallahassee there would be some state representatives who are always against the county, doesn't matter what we asked for, they were against it. She wasn't one of those people. She was one of those who would stand up and fight for us even if she knew she wasn't going to win. I appreciate that in a person, I appreciate that in a leader, someone who if they believe something whether the powers that be believe it or not they will stand up and fight. My recommendation is we appoint vicki lopez as CHAIRMAN. >>chair: motion and the second by commissioner higgins, no discussion. Open discussion on the motion on the table . >>senator garcia: I understand there's a motion on the table to nominate commissioner vicki lopez and I need to respond to , representative he lopez who is a dear friend of mine. This isn't about commissioner vicki lopez, this has to do with I remind the commissioner wen I first got elected there was a referendum, a question asked to the voters of miami-dade county and that question said if there is a vacancy of the county commission because someone decides to run for mayor there will be an election . If I'm not mistaken I was a referendum that we voted on. Granted there is a vacancy for the third time and that person was not running for mayor of dade county, however it's still a vacancy that is created. The voters have spoken and they said we want elections. And yet now we are using the fact that we pick and choose and democracy applies. Democracy is something sacred. The people's voice should be sacred, granted commissioner gilbert they speak through us, the elect us, a representative democracy and I understand that happens all the time but when you use the issue of cost, when we say elections are going to cost $500,000, let me remind you in the mid-budget year review, the midyear budget adjustments we voted for $10 million for fifa, $1 million for cbo's, $549,000 in seven positions to manage the hr and administration and picardie administration, we did that. That all has a cost. We are able to find money for this but then we say it is expensive to run an election. This is why I cannot support the motion to vote for vicki, representative vicki lopez who I think is a great person but I think we could do better in our resident and we deserve further voices to be here. >>chair: we do this thing commissioner gilbert started with the fingers. With that, commissioner steinberg and then commissioner bermudez. >>commissioner steinberg: I want to express why I will not be supporting appointment, it's nothing to do with the candidate, kennedy's and is fantastic. But similar to my position we filled the districts six vacancy I voted again and I voted for the election route then and I will do it again today. >>chair: commissioner bermudez you are recognized. >> I will express why I am voting against filling the vacancy at this time. Vicki lopez is an extraordinary person and by the way she's a graduate so I'm sure she's looking. Other individuals that have put their names in. And when you have a person who is in a position at the county in an election that will take place months from now it will give them a great advantage, from a fund-raising perspective and we all know that, we don't talk about it but it's the truth. So she's a great lady, she's a good person. But the important thing is that she like everybody else would be able to participate in a fair and square election. Let me just add to other things, my experience when I was named to the community council former county commissioner miriam alonso was arrested I was named by pepe conseil who at the time had agreed with the governor of the state of florida because that was the governor's appointment. That he was not going to run in subsequent elections, that's how the apd got here and I was named to the community council because the commissioner alonso had pretty much worked behind the scenes to block my appointment despite the fact I had the community support. Who got it didn't at that time MR. Morales I don't tink he's out there in the audience but he was a county commissioner, crystal connor and miguel who is out in the audience and radius said how is it this happens they don't have to run at the next election, you have to run at the next general election that these councils have so many people. So anyways I was appointed, then came the time where pepe diaz got in and my choice was to either stay on there as the appointee for that commissioner or run for community council. And I had argued there should be an election so I had to keep my word. And I reside through to run for committee counsel. That's how I got here in a way but the bottom line is in the end and I agree with senator garcia that for us to talk about a special election when we're spending dollars and other things really and we all know there will be if anybody is appointed, anybody by the way is appointed there will be a special benefit to that person has a sitting commissioner if they are running in AUGUST. So the last thing is commissioner higgins will have the utmost respect for, we don't even agree on anything nationally. But we were able to work together. We were able to basically she always kept an open mind to do the right thing for miami-dade county. About a partisan issue. Let me say that's important. Because some have asked me well you're not a good partisan person, I'm going to tell you what, it's time in america that all of us put america over partisan politics number one and number two I think I am a good party person because the party I elected to believes in elections, smaller government and also fiscally responsible government. So that's the party I belong to. To me, for all those reasons I will be, I will not be supporting this motion. But I have great admiration for vicki. And if it turns out that's a positive vote much like it is with all the other colleagues that are here I will be happy to vote. >>commissioner hardemon: I'm not going to belabor these matters. When I appreciate the commissioner to my right and his reflection about how he became a commissioner. You all have taken different paths. And I've made this comment to good friends on the status and to others that no one has ever given me anything. To become a city of miami commissioner and miami-dade county commissioner. I worked my butt off for it. And if not for those who worked there butt off to become a leader elected but just even considered to have my family be considered a good life, people like representative hardemon I would not become a commissioner. It's hard. It's difficult. And in each of us has a spirit of what from time to time that takes us from one place to another and we all need that in life because you're not going to be able to do this on your own. And so I've had the, I've been on the wrong losing side of these sort of matters wen i was leaving the city in miami and I wanted someone to follow in my footsteps. Bcause they have worked for me for the seven years prior to leaving they would insure my legacy and the projects moving forward continued through the city of miami. The miami city commission did differently. They did differently and I sat in the front row. There was a commissioner there who supported the idea I thought and I didn't even advocate to them for it but they knew because they understood the nature of how I run my office and what was happening and there was a commissioner and you can rewind the tape that said let's hear what commissioner hardemon has to say during public comment and other commissioners said we don't want to hear from him. So I know what that feels like. I know what it meant to shake that man's hand, say congratulations and say I wanted to work with you and know that everything from that point forward was in jeopardy. It remained in jeopardy, things change very quickly but what we focused on during that time was insuring the person I thought would best represent my district and the way I thought was honorable became elected and she did. And she was elected and that person told me on the dais who promised not to run. As a matter of fact if I remember correctly pulled his mask down and said read my lips, I will not run, is that good enough for you? And he ran. And he lost. And so when I moved on te commissioner who I supported who wanted reelection and something like 80% of the vote, run and tell that and I came to this body. And on this body I've had the fortune to have to vote on two matters if I remember correctly. In which we had to have people join this body. The first matter that we did this with was with one of our commissioners to the right of the chair. And I must say to you all she is one of the brightest most articulate , most thoughtful people that serve on this body. She is a challenge. And that's good. I want my daughters to be challenges like she is. I am proud of my vote. I am meeting another young lady I had the opportunity to vote on that sits on the dais to my left receipts to the right of her. I didn't know her from any person more than any other person I would see from time to time. Wen I met her she was kind. Kind words, kind eyes. I didn't follow her politics. And she's adding beautifully to this dais. And so she is another example of someone I would be very happy for my daughter's to model. When I look at , this isn't even for me today, when I look at that list I know everybody on that list. And you know, I've had conversations at least with most of them. And if they got together and had conversations they can express how consistent I am and how I feel about things. I am not this type of person who is bona fide one way or the other when it comes to an election versus an appointment. It's just not. We understand the rules and how they affect us and how we move forward over the next few months or the next year with how we fill the vacancy that is on the status. And so I see an mdc here today. And if you don't believe an mdc has a major , leaves a major hole in any organization then look at the boards that have vacancies and can't get quorum and suffer when you can't get seven or whatever vote it needs to move forward. It's much more difficult to do that. I'm not looking at an mdc when I serve on this board, I don't think it's fruitful for us. We make a decision to appoint someone now . Knowing that there's an election coming just thereafter. And my perspective from where I've served from any time you've been appointed to a position, you are not the favorite maning the body, the people of miami dade county have an opportunity to say to you we don't want you know much how no matter how much money you raise, no matter how beautiful, how handsome, we don't want you and I've seen that happen with people who are appointed from time to time. From jeff allen to the former miami city commissioner to very good friends of mine that are reverence that serve, I've seen a number of people get appointed and lose. So I believe in my perspective like for instance when my dear friend CHAIRWOMAN Christine king was not appointed I thought it was the best thing ever because now that you have someone to complain about you will complain to whoever is in the sea, now you don't have the relationships you have before, figure out how you will get the things you need for a liberty city. For overtown, for the places that need it the most. So in that sense I believe we have to continue the work. So for us to continue to work the one thing I will say about the motion that's on the floor is that of all the people I understand being considered, this person has two lay down their current benefits has to let go of what GOD has given them in their hand. In order to capture their opportunity here today. And if they release their fist to allow an opportunity to come to their hand that doesn't mean, you don't always catch lightning. So lightning MAY strike here today. I don't know who's going to catch it but I know one thing, if we consider the motion on the floor that person, they MAY have an opportunity to serve. But it MAY be short. Because the talent we have in miami-dade county and the people that are here are the names that put their names forward in this. Are worthy people of service, they have proven time and time again. So to close I'll say to you that when I got up this morning I didn't realize the vote, I'm sitting here saying we heard comments and I had to step away, I'm not ready for everything. But I'm ready to close this chapter and continue moving on with miami-dade county so we can do the business. >>chair: commissioner regalado followed by commissioner orbis . >>commissioner rgalado: I want to put something on the record because I think commissioner garcia brought up a good point as to how we find ourselves in this position. I respect our colleague eileen higgins but she could have resigned sooner and right now we would either have someone elected or be going into a runoff to elect someone. When I left my seat at the school board I resigned to run in time. And the person who ran when I ran for mayor my replacement was running on the same ballot. When my father decided to run for city of miami mayor he resigned at the right time. An election doesn't have to cost money. This board is being put in a difficult decision and I get it, it's hard to let go. As someone who resigned to run it's a difficult thing to do, you put yourself at pril. People no longer answer your calls like they used to when you were elected. I am for an election. But I understand the difficult position everyone's been put in and I think as we move forward we should seriously consider that because we all have the obligation to resign in a timely manner so that things can be done in the best possible way and I think we were having an election in miami beach, having an election in the city of miami it would make perfect , thank you. >>chair: commissioner gonzalez you are recognized . >>commissioner gonzalez: I was moved by commissioner hardemon's speech because I'm not going to lie in the past few weeks I've been thinking about that election because I remember that in the city as a spectator . I remember the mask, I remember that like that just brought that to my head. I doubt you have a question for the county attorneys because I did notice there was a memo for gold yesterday. I hope that all my colleagues got the memo. It is the conversation I originally had with the county attorney's office but I would like just clarification because I think everybody on this dais is for elections and everybody on this dais is to make sure the people's voices are heard, especially if we will have the most amount of people vote. So commissioner hardemon mentioned there is a short amount of time that could be lived if someone were to be appointed. So if I can have the county attorney's office clarify because I rad the charter and in the charter states if somebody is appointed that they have to run in the next duly election. I want that clarification because it seems like maybe it wasn't maybe I don't know, maybe there was a misunderstanding but I want to make sure that is accurate, if somebody gets appointed they have to, they have to run in an election in AUGUST, in the next countywide election. Is that te way the charter is interpreted? >>chair: you are recognized . >>county attorney: a person appointed shall serve until the next countywide election, if that person wishes to succeed in further office they must run the next countywide election and whoever is elected in the next countywide election would serve out the remainder of the term, the next election is currently scheduled AUGUST AUGUST 26. >>commissioner gonzalez: thank you MR. Chair. >>chair: with that vice-CHAIRMAN You are recognized. >>commissioner mcghee: thank you to all the members and you know, the name that has been brought forth for us to consider for an appointment is someone who I've had the honor and privilege of knowing for over 20 years. When I was a prosecutor in miami dade county I served as one of the community prosecutors. And I have the honor and privilege of serving on the board called the transition incorporated and the transition incorporated for those of you who know was a board that allowed for us to help those who were returning from incarceration. A name that we deemed a returning citizens. During that time I had the honor and privilege of serving as PRESIDENT Of transition incorporated and also working very closely in the board and helping with all issues related to our returning citizens. During that time I had a great opportunity to meet with our young eight who without a question was one of the brightest if not one of the most hardcharging leaders for change as related to our criminal justice system. We fast-forward and the same young lady and vicki knows what I'm talking about. We stood on the front lines on many other issues. Not just for criminal justice reform, not just for community issues that were affecting my district or state attorney's office or the county overall that we were looking for issues that would affect lives regardless of their color, their station in life, their sexual orientation. Vicki is a person who I call a friend and vicki will forever be my friend because that is the type of person I am, that is the type of person vicki is also. What brings us here today is a question of not about who gets to fill a seat. The real question is about who gets to choose. Filling the seat, it's about who gets to choose. Will it be us , elected officials who do not represent district 5, or will it be the people, will they be the ones who get to choose? That's what the real issue is this morning or this afternoon, who gets to choose, not about who fills the seat. So knowing that, I have filed legislation here to put that question in front of us. In addition to having a question about an appointment. I wanted us to have the opportunity to review both the appointment and the election. Unfortunately our rules require , say that if someone has a hold on that information or that legislation you cannot move forward with it. Hence why I actually intended to make a motion to bring that particular item in front of us so we can have a discussion on that also in addition to the appointment. Commissioner hardemon said it best. This is one of those moments where it's tough and looking at an mdc should cause consternation in all of us because we know there are so many issues that must be decided that our heavy issues that's going to affect us one way or the other. We also have to look at the reality that yes, in fact we supported appointments in the past and appointments that I would not go for any reason and undo. I support all the members on this board who've received an appointment and they turned out to be a godsend. That is not the issue. But the issue before us today now rests with the fact that it's about the choice. We don't have a choice between appointment and election because my item never made it which is an election item. Now we are asking each other to decide who gets to choose to fill the seat for district 5. So looking at it through those lenses, again it goes back to the choice. And vicki again without a question along with the rest of the body who applied for that position will make a great commissioner. But my position has always been to look at this from the standpoint of where we are today. Look at it from the standpoint of where we are today and where we are today is do we have the time to allow for the full of district 5 to choose their representative? My answer is yes. JANUARY 27 it's the same day florida city will be holding its election. JANUARY 27, 2026. And between now and JANUARY 27 I believe there are pobably about 3 to 4 meetings. That we are going to have. between now and JANUARY 27. And in addition to that you look at it through those lenses , we look at it through a reality that commissioner regalado brought up. Was this avoidable? We predicted it was and that's why I will move to file that legislation because we understood decisions do have consequences. And if the decision would have been made earlier to move in a certain way we wouldn't be having this discussion. The discussion we would be having is setting a date for the election and after setting the date for the election setting the date for a runoff if a runoff was needed. But again as I close we are here now so we will deal with what we have now and what we have now is not the opportunity for anyone to raise the question or vote for an election. That's not before us. We just got the point. So my position is I would like to see an election. I love vicki , I love everyone who applied for this position but I would like to see an election and similar to what my colleagues did earlier, MR. CHAIRMAN thank you so much. I would like to see an election but I also would like to have seen the legislation that could have been brought before my colleagues to have that discussion. Thank you very much MR. CHAIRMAN. >>chair: thank you vice chair. i won't say much but I've got to agree with a lot of my colleagues. But I think commissioner you hit the nail on the head. And I will just repeat something that gonzales said most recently is we are all for an election, we are all for democracy and that is what I am voting for today. I am going to be supporting the appointment on the motion of vicki lopez today and that is supporting democracy, that is supporting an election because voting against that means that a special election will have plus or-13% voter turnout which is what this district had in 2018 in the special versus a government oriole year, a countywide election that will go up to 45, 50% of voter turnout so I am giving with my vote the constituents in district 5 a voice and their representative for the next three years just come in eight months and two commissioner hardemon this point the person we appoint doesn't necessarily win their election if they decide to run. So the voters of this district by a lot more majority will have a voice in who will be there commissioner for another three years after that to finish that term of commissioner higgins. That notion that an appointment is not getting the voice I just don't this subscribe to that. With that I will be supporting your motion today commissioner gilbert, clerk please call the roll. >>commissioner bastien: yes. >>commissioner bermudez: no. >>commissioner cohen higgins: I vote yes. >>senator garcia: >>commissioner gilbert: >>commissioner gonzalez: for . >>commissioner hardemon: >>commissioner milian orbis: yes . >>commissioner regalado: no . >>commissioner steinberg: >>commissioner mcghee: respectfully, no . >>chair: I vote yes . >> motion passes 7-5. >>chair: congratulations representative vicki lopez who is up in tallahassee, I know she's watching, she had committees all day long and we hope you can get down here soon and join us here on the dais. Thank you all and thank you to all who submitted as well and everybody for their cooperation and discussion. >> that was for the record 11a2 as amended . >>chair: first reading items in order now MADAM Attorney. >>county attorney: you have one item, 4a relating to zoning training section 3323 one and at amending section 33 b one of the code clarifying standards and procedures applicable to certified recovery residences, providing process for certified recovery residences to obtain reasonable occupations from land-use regulations amending action 33 304.2 comprised providing a completeness review period for processing of applications for reasonable accommodations providing severability inclusion in the code and an effective date, that is item 4a. A motion, moved by the vice chair, seconded by commissioner gonzalez. Please call the roll . >>commissioner bermudez: >>commissioner cohen higgins: >>senator garcia: >>commissioner gilbert: yes. >>commissioner gonzalez: for. >>commissioner hardemon: >>commissioner milian orbis: yes. >>commissioner regalado: >>commissioner steinberg: >>commissioner bastien: yes. >>commissioner mcghee: yes. >>chair: I vote yes. >> motion passes unanimously. >>chair: MADAM Attorney can we move into public hearing items, MR. Garcia. >> senator garcia has a procedural motion with respect to item 4a, do you want me to read that first before we move? >>chair: read that motion, yes. >>senator garcia: all we are doing is complying with state law and this motion will allow wastewater rules so we can comply with state law sometime in DECEMBER. >>chair: moved by senator garcia, seconded by gonzales. Voice vote is in motion. >> this would set set the hearing at your DECEMBER 2 meeting and 15 b1 was pulled as well so with approval we would dispense with item 15b1. >>chair: all in favor aye, all opposed nay, MADAM Attorney. >>county attorney: five a is a resolution involving the plat of lk on, 5c approve te waiver plant of miami-dade county, 5d takes action on class one permit application and request for a variance by yachting promotions incorporated for a temporary 350 slip docking facility in the indian creek waterway from 40124775 collins ave., miami beach, 5 he declares a surplus certain county owned properties known as arthur mays villas, naranja modell 02 and pine island public housing developments to include the properties directing the mayor on an expedited basis to perform all due diligence to determine whether any obstacles or impediments exist to dispose of the properties and to the united states department of housing section 18 and or rental assistance demonstration program for the purpose of redeveloping set properties with affordable homeownership housing, negotiate terms of lease and development with st south miami-dade angers llc, seek disclosure of any existing disposition of properties without a competitive process and initiate the odd directive directing the mayor to submit the final agreement to the board, 5f declares a surplus on county owned poperties known as kline nunn, revising the list for affordable housing to include properties directing the mayor on an expedited basis to perform all due diligence necessary to determine whether any obstacles or impediments exist to dispose of the properties under the us hud section 18 and rental assistance demonstration project, demonstrate terms of the lease development agreement with pcs h little river redevelopment llc florida limited liability and affiliate of clinical communities and submit the affordable group, seek consent to dispose of the properties without a competitive process, seek department of environmental consent to allocate $50 million to grant program funds to the developer to make improvements in the little river adaptation action area and initiate the required process requiring a report in directing the mayor to submit the item to the board for approval, those are your public hearing items. >>chair: any bifurcations? Behind the dais, yes microphone. 5e. >> to vote no. >>chair: any additional bifurcations? Do I have a motion to move the remainder of the public hearing items, moved by the vice chair, seconded by gilbert. And all those in favor signify by saying aye, all opposed nay, do I hear a motion on 5e. It's been moved by the vice chair second by commissioner cohen higgins. All opposed nay . >> did you have any cards for public hearing, thank you . >>chair: there were no cards, let me say it on the record, there were no cards, that's why I did not open it. So show the public hearing items past, I did say all in favor? It passed. Let's move into the pull list. >> you want to go in order? >>chair: before we go in order what we could dispose of. I think 8j1, commissioner from district 7. Commissioner from district 7 you are the polling commissioner for 8j1. >>commissioner regalado: I wanted heidi to come up and I am for the item, happy to support it. Having sent way too much time looking at the master plan my question is will this be up some space or our farm, so we will be getting an acre of land back in this. Ncl had the first right to negotiate for an expanded parking facility. They are giving back that 1 acre, .97. But we're looking at the highest and best use for that acre . >>commissioner regalado: will this free of any of that surface parking? >> that 1 acre serves as temporary parking for taxis and lifts . >>commissioner regalado: but could we make this parking lot bigger? >> it is in a unique location, you're not going to get more than that acre because the plot next to it will be the multi-story garage being built . But that 1 acre will be named core property for the court to decide what to do. >>commissioner regalado: thank you MR. Chair. >>commissioner mcghee: any other discussions, moved by commissioner steinberg, seconded by commissioner gilbert all in favor. All against area and show the item passes. 8m 1 pulled by district 6 and district 4. And the supplement. . >>commissioner steinberg: we have a lot of municipalities come to us with concerns so based on the feedback from the municipalities on this item I believe the department has met with several of them and has proffered amendments which I would like to, which were passed out. I don't know legally if you're going to have to read all of this or not but they are quite extensive and I would ask the county attorney read whatever they need to for this amended amendment, thank you . >>chair: thank you. >> commissioner steinberg moved to amend item 8m1 in a local agreement between miami-dade county and contract for use of the county's solid waste management sstem, exhibit 2 to the supplemental agenda item number 8m1 contains a proposed final version of the interlocal reflective of all changes in the amendments contained in the floor amendment provided to this body and the clerk. >>commissioner mcghee: thank you. >>commissioner steinberg: I will move it as amended. >>chair: show the item moved and seconded by commissioner bermudez . >> thank you for clarifying some of the things. Four of my six municipalities are also contract cities, part of solid waste contracts and the two of them expressed some concerns so I wanted to say to the department like you for clarifying the disposal fee, the schedule that would, that might have negatively impacted the cities. I appreciate that I don't know if anyone's hear from the department that can that. >> just wanted to clarify we did change the language on the disposal fees impacting the increase of the fees. >> through te chair , the fee we have here is going to be applied to all 15 municipalities . >> I appreciate you working with me and making sure all our cities are taken care of, happy to seconded as well. >>commissioner regalado: you went out to visit south miami, that was my oh my one city complaining about it and I know the mayor was looking at the amendments, did you have an opportunity to talk to them about their project and if it would be impacted by this. >> with regards to south miami, i'm not sure which poject you are referring to. >> they have a site where they want to do trash collection themselves will obviously that was one of the concerns is if this would prohibit them in any way moving forward with that project. >> we did add language that talks about allowing for some sorting material so it should take care of some of the language they were looking for because if they wanted to do composting or anything of that nature they wanted to put those graphs aside if it would count against them so I do believe we've been able to address some of the concerns. >>commissioner regalado: that's more of a coral gables issue, coral gables is the city who wants to do yard waste and do some composting and in the case of south miami roy as you know I have a lot they would like to use and I know they are under contract. Did you have an opportunity to talk to them about this? >> actually I walked the site with them to take a look at if they would be able to build a transfer station but the facility is not large enough to build a transfer station so that is the conversation we talked about, building a transfer station on that site. >>commissioner regalado: we have a transfer station with the city of coral gables and the lease we are trying to extend their. Just a flag, I'm concerned about coral gables and south miami cause they have the right to manifest destiny. They have properties and I want to ensure they are not being punished by this. And that there is an opportunity to circle back. I appreciate the amendments commissioner steinberg is proposing, they have to do with cities and what they are going to be charged. But in the case of these two particular cities they own properties and they want to do some waste management themselves. So I will work with the attorneys to see if we can figure out a path forward for the ones that want to take that on. So that they are not prospectively bound to this thank you . >>commissioner mcghee: commissioner bermudez you are recognized . >>commissioner bermudez: I agree and I love commissioner regalado mused the word manifest destiny and I was watching the american revolution on pbs. But I agree with her. And I do believe if those two cities had the desire to do that, I don't, you know I just don't want them in our agreements because it has nothing to do with price, I agree with commissioner steinberg's ingestion on price but I don't want to limit their ability to offer us the opportunity because today maybe a transfer station it's not big enough but tomorrow it MAY be. I don't want to exclude the opportunity. I haven't had a chance to mayor fernandez on this issue but I would assume knowing him and having worked with him that he probably wants to have as mny options as possible and mayor largo also in coral gables. This does not necessarily exclude what commissioner regalado was talking about but we can still talk to the county attorneys and give them that flexibility, correct? >> what I will say is we left the door open as it relates to opportunities for future things in conversations with south miami. If there's opportunities for us to build something there or build something or do something else later in the future, right now the ila we have before you allows us to continue to allow te contract rate for the disposal. We needed to move forward with that but that doesn't preclude us from having other conversations. >>commissioner bermudez: I don't have a problem with the numbers, you did a great job hurting all these cats is very difficult but I had concerns that commissioner regalado had but you're telling me there is an opportunity on other issues that have nothing to do with this . >> we've been looking towards waste divergent and oe of the things this weekend we did our mbia challenge and had three weddings cities that actually were granted based on waste divergent, another one for composting and another with a recycling app that allows you to scan your project and identify if it is recyclable or not so we're trying to do all the things we can right now to move towards waste divergent. Bermudez: you got to her heart with the last one. >>commissioner mcghee: commissioner trenton followed by commissioner steinberg. >>commissioner milian orbis: both of these properties are in district 6, the property in south miami and we have been closely monitoring this situation, I've been with the director on this and I look forward to working with you to make sure both of these cities are content, that the residents are at the heart of the decisions we are making but we share coral gables and that waste transfer station is in district 6 so we want to make sure the proper decision is made so thanking the director of solid waste, I think we will continue these discussions. >>commissioner mcghee: commissioner steinberg followed by commissioner regalado. >>commissioner steinberg: these ila's can be amended in the future so if we see other things, then this is not my item, I brought forward the amendments because I was concerned about indications for the municipalities and if there's more work to be done I'm sure there is opportunities , correct if I made for the chair. Ila can always be amended as we see things down the road, correct? >>commissioner mcghee: is that a yes? Thank you. Commissioner regalado please. >>commissioner regalado: I was in communication with mayor fernandez and he says he does not feel comfortable with the amendments in terms of safeguarding his opportunity to move forward with what south miami wants to do. If I could offer an amendment it's a simple concept. We can always change a ila, the issue is the timing of it. As commissioner bermudez knows and those that follow municipalities , it will take you a year to amend a ila. By the time you go back and forth by the time it goes to committee you could have missed your window to do whatever business you wanted to do. So what I would request is this board as part of this item allow the cities that are covered by this ila that should they want to amend it in order to do some other form of waste management that that amendment would be expedited by this administration and that it would not go to committee but straight to the bcc and that way if they have an issue at least we could get to them in time because my concern is you can get wound up in the administration and then completely lose your window of time. >>commissioner bermudez: do you need a second on that? It's hard amended, I would agree. >>commissioner regalado: we will amend the amendment to include . >>commissioner mcghee: MR. Attorney, did you get all of that? >> can the director address that? >> there's language we amended in the correct agreement that allows the cities and out where that was not your before so there is language in there if the city desires to get out of this agreement they do have the opportunity to do that where they did not before in the previous ila. >>commissioner regalado: I am aware that they MAY not be in a position to take all their trash though if they need t amend it I want to make it easier to come back and amend this. I am saving them time because this process is a long process I'm saying if they need to amend it for whatever reason is on their own decisions to dispose of their waste in a different way which MAY include us in part but not wholly been it would come straight to the bcc. >>commissioner mcghee: commissioner gober. >>commissioner gilbert: I am supportive of it though as a rule I don't like to put tings out there that the committee review for obvious reasons. So I just want us to be mindful that it's going to become direct to us without committee review and without any discussion that typically happens at committees but I don't necessarily have a problem with that. >>commissioner regalado: to respond I agree, the thing is with an interlocal that will go back and forth. I think an interlocal is a little different. I will tell you they've all spent a lot of time working on this so the fact that they still have some issues wth it, I just want to move it forward. We hit the pause button a few times on this thing so I want to give them an opportunity, they have an existing contract for the use of this facility though that is my concern with the time. >>commissioner mcghee: MR. Attorney I wanted to make sure you have all the amendments proffered and accepted. >> we have the amendments, the waiver committee review would be essentially a rule that would require a two thirds vote to do that, the other alternative would be to bring a change to the rules that would be by ordinance, those would be the two paths that you could go down. >>commissioner mcghee: I don't believe we have an issue with the slot so the item has been moved as amended. Moved by commissioner steinberg second by commissioner brmudez, show the item passes. >> it includes the suspension of the rules? That works. >>commissioner mcghee: ap 1 is next, district 13 . >>senator garcia: thank you MR. CHAIRMAN. Yes, this issue has to do with the smart readers which is a great program, it's great we are doing this. Commissioner regalado or the administration, I'm not sure if this is coming through you are the administration's office, when we implement the smart readers, that means we will have less meter readers, going out there, what is the timeframe where we find other jobs, that we absorb in the county, what happens at that point and what's the timeframe we are looking at? >>commissioner regalado: this will take several years. Obviously we have a lot of issues with rogan readers and misread readers, this will eliminate that and that workforce can then be rolled into other positions in water and sewer. They have other skills and our plan is to give them other opportunities within the department. >>senator garcia: is there a plan in place? What does that plan look like because the healthy is I know we are looking to strengthen decisive government but I'm shocked what we are doing with these meter readers from the administration's perspective . >> senator garcia when we implement this program you will find as time goes while we are spending less time reading meters we will be spending more time interacting with the customers because we will give them a public facing website database telling them about their water usage and then these people will transition into positions that will be supporting those customers and then ultimately if there is a reduction in workforce it would all be through attrition, no one would ever lose a job, no one would expect for them to upscale and become your capable in customer service . >>senator garcia: that is great but is there a plan because you're saying they're going to upscale so do we have a plan in place to train these employees to get into the workforce, what's the plan we have in place because the reason I'm asking this question is because we come up with different scenarios that we don't have a plan and we are working against the clock and I want to make sure what this plan looks like and what is in writing, where is this plan? >> we're happy to provide you a copy of the plan, water and sewer has a comprehensive plan to take not only the spokes but other positions and train them and into the positions of need . >> so we have one plan for these meter readers that will lose their jobs. >> there is no meter reader that will lose their job. >> we have a plan in place for the meter readers that will be reallocated. >> for the next five years they will continue to read meters and during that five years they will also learn the new system and that's part of implementing the new system is training them how to use it. >> within the next five years what I'm hearing you say is there is no plan right now. So can you get that plan because you said right now in the next five years for that transition plan we will have a plan in place. >> let me clarify, the implementation of this program is five years. During that plan as the system is installed the installers of the system, the vendor is training our employees how to use it and manage that system so that is part of the plan as it exists today. >>senator garcia: maybe another question MR. CHAIRMAN after that, he says there will be a website in place so there will be people interacting more with this website than the actual personnel, how does that work? >> we have a public facing site where all customers will have information coming to them and can access it themselves to see the water bill, what can they do to save the volume and things of that nature but that will generate folks calling the department and asking questions so we've got to have these folks completely trained where they can answer the questions and to be helpful. >>senator garcia: I understand what we're trying to accomplish, I just hope we are cautious and careful with the employees and what we do and make sure we have a training program in place. Not wait for the implementation of this program to move forward so with that I will move the item. >>commissioner mcghee: commissioner gilbert has a question followed by commissioner regalado. >>commissioner gilbert: on this item as you train these folks let's use attrition as an active factor so if you have meter readers will that will resign don't fill those positions as you go through. I have confidence you will take care of everybody but remember the point of using, getting the new meters and I's supposed to make it more efficient and cost less. I'm not trying to spend the same amount of money in an enterprise fund to maintain a certain level so let's train folks we can, not fill positions as people leave and retire, let attrition take its natural course but we don't want to artificially put our finger on the scale to remove all the efficiencies because those efficiencies translate to people's bills. So we just want to be mindful of that but we can do it. >>chair: thank you, commissioner regalado . >>commissioner regalado: I was going to add I have a private person of this, this is technology and you can buy it and I have a private version of this that uses atificial intelligence to tell you how much water you're using and it shuts off your water if you go beyond a certain mrker. To roy's point you will get so much data on your water use you will have questions so that's important and the folks that do this work know the technology is coming. They are aware there will be a dramatic change. With these meters. There is going to be a savings to the apartment but a huge savings to the user because we have a lot of meters that read wrong and people have to pay that ad we get into everything from there is a broken line and we don't know about it until three months later to the meters not working and it overcharged you and now I had a resident that had that issue and now we have to deal with that situation. I think there will be efficiencies nonetheless and I thank you for your concern. But I promise you we are working on it in the folks that do this work know the technology is changing daily and that's going to be changing the dynamic of what they do. >>commissioner mcghee: commissioner regalado would like to move the item. Moved it, I will seconded . Commissioner garcia. >>commissioner mcghee: second by commissioner gilbert, all in favor. Show the item passes. >>commissioner mcghee: the next one is 80 2. >> just have a motion to be read into the record, an amendment to the item that satisfies what we've been negotiating with. with the state attorney's office if I can have the county attorney's office read that into the record and once she's read that into the record I will move the item with those amendments. >> the commissioner moves to amend item 8 p2 to revise the contracts with advocate program incorporated to add the state attorney's office as a signatory to the contracts and as an additional insured require the providers to collect a fee distributed to an endowment fund to be created by the state attorney's office and miami foundation to fund scholarships for offenders who successfully complete one of the state divergent programs and seek to obtain training. And designate the state attorney's office as a party responsible for administering and controlling the misdemeanor services program, copies have been provided to the clerk. >> MR. Chair if I MAY. >>commissioner mcghee: are you done? Gonzalez and then bermudez . >>commissioner gonzalez: I wanted to thank you for working on this thing state attorney catherine fernandez, this will be a viable for the community. It was a great initiative and when we first talked about it in committee I want to thank you for doing this. >> I support the item but my question will be I don't think it's proper, maybe to the administration is there any cost related to this amendment to the county at all? >> no . >> any fiscal >>commissioner bermudez: I want to know if there's any cost, I like it. Very nice but I want to know if tere's any cost to this. >>chair: you are recognized if you are the person . >> namita oppal, there is no cost to the county commissioner . >>chair: all in favor signify by saying aye. All opposed, nay. And MR. Attorney are we on 15 be one or or are we done. Perfect so commissioner bermudez any emotions or appointments, hardemon. Commissioner bastien. Orbis. Regalado. Cohen higgins. Vice CHAIRMAN. Steinberg. And gilbert . >>commissioner gilbert: I have allocations and appointments, the first is I appoint harold hart to the unsafe structures board. Harold char charles to the unsafe structures board. . >>chair: all in favor signify by saying aye . >> we are aware but give miami day is coming up and we also know that c