Board of County Commissioners - Regular

Test >> take your places so we can start the meeting. We are two minutes late. Is mike here? >> right here. Lets stand for the invocation a moment of silence and then commission will lead us in the pledge of ledges. Allegiance. >> I pledge allegiance to the flag of the united states of america, and to the republic for which it stand, one nation under God, indivisible, with liberty and justice for all. >> thank you commissioner. >> ma'am clerk. Roll call. >> good morning, k34eugs diaz. >> here. Ry commissioner garcia. >> here. >> commissioner hardman. >> here. >> commissioner means? >> here. >> commissioner mcgee? >> here. >> commission -- soto. >> here. Al all members are present. >> everyone welcome back I'm happy to see missioner hiking begins higgins we are joining forces it is a pleasure to have why you here. Invest different options here. No one is allowed into the chamber to protect the safety of everyone other than staff members and staff members from the mayor and the attorneys office. if we need to answer questions they will come to zoom to answer any questions that we have and open the lines to report messages yesterday from the public and also we have an area downstairs whoever wants to be present can speak. Those can call and leave a message recorded and those downstairs who are here to speak in front of us. Mayhem chair if you see I make a mistake stop me and let me know. But it is a pleasure. If we are able to finish the meeting in time then we adjourn if not at 1:00 we will take a break so everyone can go outside to eat. No eating is loud allowed in the chamber. You have a straw next to you so you don't have to remost of the remove the mask for the safety of everyone. Now we have to go to the reasonable opportunity for the public to be heard. Whos do that? The audit toar or the clerk in I believe I have on eperson last name is will lewis. Where is the auditor? Are you there? I want to apologize to everyone the staff have worked very hard to have everything ready and times technology takes a little bit of time to get used to it. They have been working very hard. >> ma'am chair? >> yes. >> we have the recordings that are verified by office. >> yes, sir, how manies homage how many calcium? Calls? >> we have a recording. We can play that when you are ready. >> okay, go ahead. Remember they need to state their name and address for the record. This was two minutes to speak. Mr. Auditors we can not hear anything. It is item 11a2. >> ma'am chair we have to get with it for audit issues. If you don't mind we'll need about four minutes to resolve that with it. >> okay. Ma'am attorney, guide us on this since they need time to bring the people who speak do we wait until that happens or do we cover any part of the agenda? >> ma'am chair if there are any speakers in the lobby you can proceed with that. >> okay, let me ask. Whos in charge of the speakers in the overemployee flow wr? We are being to learn today. The auditor is in charge the call, who is in charge of the ones downstairs foo there is any? I think someone needs to go see if there is any one downstairs to speak. >> ma'am chair? >> yes. >> over here in the corner. >> yes, commissioner. >> just verify firing we are waiting for the reasonable opportunity to speak the mandate that was given to us by the state legislature? >> yes. >> I was just checking. >> ma'am chair? chair? >> yes. >> the question is that the same state legislature that screened everybody before they let them in of the swearing in and everybody had to take the covid test? Is that the same state legislature? >> I don't know I was never state legislature? [Laughing] >> pam chair is it possible for us to set the agenda while we are waiting? >> there is no one downstairs to speak so we don't have anyone in the lob acquit to speak by to speak on this meeting. We was son recorded messages. Can you guide us to expedited this. >> the reasonable hearing occur first before the setting of the agenda. >> so we will wait. >> we can go ahead. We are ready for the replay. >> perfect and then after that if the mayor wants to say anything we will give you the opportunity. Go ahead, sir. Thank you. >> hello, this is public comment is in reference to 11-a2 on the agenda. For bake path ands pedestrian issues. May maim is katherine more at 440 northest 34th street in miami I'm calling in support of this on bhafl of the elderly. I'm administrate of a historic riermt home in miami and we are home to residents who like to walk and while they haven't been able to go anywhere lately all of that requires healthy paths, safe crossing and for everyone to feel safe in miami-dade county. I think this is an important issue for the elderly and for everyone else. And an economic issue you hope you support it, thank you. >> hello this -- >> my name is douglas thompson. I'm calling for to speak on item 11-a2 regarding the conference of plan and sphraw infrastructure for pedestrian path. I was calling to support the idea of more and better facilities for pedestrians and cyclists and county and all municipalities within the county and I hope that you will support this as well. Thank you very much. >> goofer, good after noon. Regarding the need to establish a comprehensive plan for the cyclist. Cyclist first I want to thank commissioner higgins. Urban health partnerships is a health well being in our under served community and in the region. It focuses on transportation options and advocating for streets that are safe. You shall health partnerships is support a elevator variety of efforts it includes things like crosswalks, and public spaces. They can save lives and make lives of community members better. The bs national practices and every single day in full support of plans for east transit especially for under served comeuntsd we want these plans to put vision into action. We drive while intoxicated advocate for the plans of organizations like ours that work together with transportation options and in turn the quality of life for our community. Thank you. >> good morning I'm eli, I'm calling in sport of item 11-rvetion two on the bcc agenda. I'm local attorney and business owner that works in and resides in miami-dade and an avid cyclist a national nonprofit organizations that works to connect communities with safe infrastructure. I support this for a robust and do you not moablght network. I would look I to really just for a moment the precovid time. Remember all the traffic. Here in do you not miami we had reached peak core ow community time doubled and tripled. Our roads maybe a little bits emptier right now don't let had a fool you. As normal life returns so will the cars an all the traffic. Here in miami our options are limited which is why they look to build double decker highways. We mast plan for mass transit, bicycles and pedestrian options. This takes a step to help us do that. Streets built for all users and vision zero which sets goals to eliminate accidents and will have safe trappings in our do you not urban core. Both are greatly need the. Thank you. >> hello. I reside at 79 northwest 92 street. i want to support item 11a2 it is important to provide safe protected bike lanes as a available al tenterrive to driving. Thank you very much. >> I am ai proud resident of district eight in south bay. I'm representing the miami riders ders aalliance for safe streets item 11-a2 is a needed mesh. Safer streets and not only safer streets for drives it means for everyone who use he is those streets. We need to increase safety for bicyclist. Year after year florida is the worst state in the county for pedestrians and cyclist today invest the opportunity to change that. I encourage yeu the board to vote yes to show your support for all road users. Thank you. >> God morning ma'am mayor I'm maria and I'm the public affairs manager with transit a alliance. I'm here to speak in support of item 11a2 sponsored by commissioner higgins. We are in favor to take the action to make the steets saver. It makes a safe mobility option for residents ands make it more pedestrians friendly to crosswalks and speed limit reduction. This is important if f we consider the role that cycling and walking can play. The department of transportation and public works to prioritize bicycle riding and mass transit as an essential next step for miami-dade. This is not just a mobility issue but a step forward in improving our counti's quality of life. We look forward to working with the administration to achieve this vision. Thank you for your time and have a great rest of your detain. >> hi I lif in miami beech calling in regards to item 11a2 for the comprehensionive trail and pedestrian not work I just want to call in support and ask for your support on this item. I'm a car free person and I think you know it is vital for a region economically in terms of health it is superimportant. Thanks. >> this is gary calling in support of item 11a2 we ask that you support this item as it is important that the mayor identify the needs and establish a exronsive comprehensive plan for pedestrians and cyclist in the urban areas. We can only do this by understanding the assets and ordinance that have been expeuctd or await execution. Thank you and please support 11a2. >> this is hank sanchez at 3259 gifford lane in coconut grove. I'm speaking in support of item 11a it two this is a integrate move forward and he appreciate commissioner higgins making this mocks we really need serious county leadership on protected bike lanes and trails. The comoddor trail is a five moil trail going along the bay it was determined in 1969 to build this trail and that's about the last thing they did so the trail has lots of users and it needs all kinds of help. It needs county leadership but this motion is going to be great for all the people in the county who want out door recreation and opportunities to have other ways to get around. Thank you very much. >> good morning mayor and commissioner. I'm at 125 jefferson -- [Bad audio] >> we can't hear. It department, we cannot hear the last two speakers. Okay. Someone from the auditor office can the clerk office send send a message the last two speakers speakers we weren't able to hear what they said. >> thank you very much for the opportunity to say a few words of welcome to my colleagues here. I'm very very excited to be with all of you. I I want to take the opportunity to welcome back our returning commissioner and to give a special welcome to our new commissioner and in my new role as ma'am mayor I May forget and when you say colleagues I May raise my hand. I want to tell you that I am here to work with you to support you to achieve yeur your objectives as commissioner and we are going to schedule a few meetings to assist you. Stay tuned for a sunshine meeting virtually tuesday where you can be briefed by our senior staff and also I'm going to continue with the practice of mie pred ses mayor jimenez to hold staff meetings on the covid situation that you can listen in on so you can be fully apriced of whats going on in the county to deal with this chris crisis. I cant to meet with you individually to hear yeur priorities your priorities for your new roles and that I'm here it support you. We have a big channeling challenge befores, protecting our health and restoring ow restoring our committee day three on the job I feel very confident to move forward together with the help of out standing professionals and we have a phenomenal group to get it done. I'm going to step out for a moment for a call with Dr. Dr. Fauci. Thank you so very much. >> mayor I'm pretty sure the sign said we need to join forces in working together for the community we thank you and I know your scred scred is very tight. If we need you we'll scream. >> you know how to reach me. >> thank you very much. We are ready for the meeting next week. Thank you. For the auditor and it department, is there anyway we can hear the last two speakers? And we charge them a set fee? >> yes. It's based upon the last service. >> okay. What I wouldn't want is that -- our cases take a back seat for the simple reason. >> do I hear a mission? >> second. >> questions, discussions? Anyone wishes to be recorded no? Item is approved. Next item. >> I think you heard from some folks that are hoping to see quicker approval of pedestrian and cycling safety measures and I just want to tell you, I put this item on the agenda as direction to the new administration to really begin to reorganize how these projects are approved. , because I've become outrageously frustrated. They e -- every time we ask for something from one of my municipalities, whether it is a different kind of sidewalk or pedestrian, it comes back unapproved and then I call up and say, explain to me why it is unapproved. We'll take a look at it. And then it is approved. It's a real waste of my time. If it can be approved, it should be approved at first. I'm tired of being frustrated and wanted to make sure that as the new mayor takes over, we get these things fixed. I'm sure that anyone that has any kind of dense area has been frustrated to no end. So with that, I will move the item. >> I will second. >> I would love to -- there was a motion and a second. Anyone wishes to be recorded no? Without objection, item 11-a2 is adopted. Now we go to -- >> Madam Chair, I have commissioners diaz, and heyman as co-sponsor. I want to make co spons -- as co-sponsors. I wanted to make sure I didn't Miss Anybody. >> okay. Perfect. The only three items that are left and correct me if I'm wrong, Madam Children are items, 11-a 9, 11 11-a 10 -- >> 11-a 3. 15 b 4 and 15-b 5. >> okay. And before that we're going to verify. Lept us know lept us know if there's people who want to speak on these items. The only thing I want to bring to the attention of my colleagues at this time is the following -- I'm a little bit afraid of moving on with annexations in the middle of a pandemic when the county budget is gonna suffer and when businesses and homeowners annexing to a city will pay double or three times more or four times more or seven when you are in a city. In moments where is the economy is so bad, in moments where people cannot afford to pay more, that give me a sensation that I am scared about that. I think that in the same fashion that we let the neighbors when there is an incorporation or annexation to vote on -- if they want to form a city or be part of a city, businesses have to be taken into consideration, too, because we can make them close their doors if they have to pay more taxes. i think maybe a great idea will be to move that and then once the pandemic is over, we can more or less own the highway for dialup. It's up to you but I wanted to tell you and I want an answer if we have people. Commissioner diaz? >> thank you. You know, I think it was -- when I first started, commissioner martinez appointed me to a task force along with commissioner soto, does that -- to deliberate all about the annexations and corporations and we had meetings all over dade county and we had many of them and jennifer was part of it at the time and several other people. Many cities got formed after that and some great cities got formed today, one of the third or fourth large e city that it is. I understand what urare saying. But the problem there's never a good time. This is not an area where residents will be affected. This is commercial area. This is the first process to them to go to the P.A.B. I derstand commissioner martinez has never voted in favor of an annexation. So I respect that. But the problem is, other cities have gone forward and I respected them going forward because they are trying to survive and grow, too. And if we tell two cities no, it's not fair in the process that others have been able to move forward and others get punished to put on a time-out period. If you look at it, there's always -- Madam Chair, I agree with you, there's -- it's a hard moment. It's hard to look and to make these decisions right now. But there's never a great time and by the time the progress goes through, then be -- it comes back to a vote for us and we can make our decision. But for right now, if we can get these two go through and continue the process, it will be, I think, very appreciated by the people. >> thank you and for the new elected commissioners, the problem that I discovered this week, if you are going to annex industrial or businesses, they don't have to give their opinion. The way our rules are, just do it and they don't have to even give you their feedback. I have received calls for from many businesses in the area that they didn't know about it and they told me straight if this happens, I'm going to have to close my doors. So I'm coming with a piece of legislation very soon. At the same time we do homeowners, we do single-family homes and as apartments and we let them know that we have to do the same when it is commercial and industrial. They are not allowed to speak. They don't know anything. Madam Attorney, the rules don't cover that. That means they don't have to be taken into can, and you are drafting a piece of legislation to make sure they are taken into consideration, too, right? >> yes, ma'am. >> Madam Chairman? Madam Chair? >> go ahead. >> the rules require notice to be given to them and it was. They actually participated in a public hearing before this body's economy which deals with annexation. We know they knew because they showed up to talk about it. They told -- I've heard from everyone involved that they didn't have notice. They -- that case was dismissed by a judge. I think that's been litigated for the court the. And I respect commissioner martinez, that you vote know on the annexations. These are areas that were left out of miami gardens for no real reason beginning. The natural barrier in that area is I-95. You littery split a very small two-lane street. The largest tax holder or taxpayer in the area is publix and they are not here objecting. When you actually go to the area, you see delap tailted -- delap dated roads and they -- it's not actually a business. It's actually a strip club. Okay. It's a business that's a strip club. I have no nothing against strip clubs. I was young once. But look, a lot of the crime, hey, this happened in miami gardens. This shooting happened in miami gardens, the double murder happened in many gardens. some of them actually started at that institution and people just travel west right into the city because it's too blooks. This blocks. This is not just a matter of industrial area. It's not a matter of illegal jumping or code enforcement. It's a matter of public safety. We have been at this process for a long time. The county attorney's office has certified it's proper. Our procedures have been followed. I with like to move forward with this. >> thank you. No one has answered if we have any speakers on this on this I team that we said we -- on this item that we were going to take I want to . I want to make sure that we can hear from them so no one can say that we didn't pay attention to the people. So who can answer to us if we have people downstairs? I have lace. Rodney harris, sonya deacons, thomas robertson and nicholas rodriguez. >> point of order. >> go ahead. >> ma tam chair -- >> are Madam Chair -- >> are we talking about the two items? >> first you spoke with 15-b and then gym bert spoke about 11 a3. We were advised there there was a list of people waiting to speak on 11 a 3. That's the one we are on now. >> nibl. >> bring them. >> I do appreciate that there are people downstairs who want to speak on the item. It's not a public hearing item. The public hearing took place in committee. Considering that we are physically distant and sometimes we -- there's people we want to speak. We cannot hear them, see them. We don't know if they here. I appreciate this. This is -- >> commissioner, the problem was, that we were advised in the morning that these people have been here since 9:00 in the morning and we have technical problems with them speaking in the morning. That's why the department made a list -- I recorded that to all of you and we said let's continue with the meeting and when that item comes to us, then we will let them talk. >> I agree. I just wanted to put that comment on the record. >> yeah. >> but I do agree with you. They've been here since 9:00 -- >> it's not a public hearing. >> -- and we've not been able to hear from them. Who is in charge of making sure -- >> [Inaudible] >> is that the auditor? Which department? Compleunnycation -- comeurchnycation. We're testing everything today. It was so easy when we were in zoom meetings and they decided in tallahassee, no more. >> Chair: okay. Here they are. Welcome. >> thank you, Madam Chair. Madam Chair, I want to thank you for allowing us the opportunity to be here this afternoon. I am rodney harris, the newly-elected mayor of miami gardens, and I also have with me my city attorney, sonya dickens and my assistant city manager, craig clay, and they will elaborate more on why we are in favor of annexation of this item of 11a3. Thank you for your time. >> Chair: thank you, Mr. Mayor. It's a pleasure meeting you and congratulations on your election. Welcome, sonya. >> mayor chairperson I'm sonya dickens. I want to eits rate some of the points that commissioner gilbert already made with respect to whether or not this perition is properly before you legally. Certainly, the county attorney's office has decided that it is because it is before you. However, I've always made a determination that it is and the circuit court judge here in miami-dade county has made a determination that it is. As commissioner gilbert said, she declined to prevent this matter from going forward. So we are here. Clearly, the property owners who have objected to that hearing for three times now. First, when the item came for the city council before the city of miami gardens. Second when it went before a committee and I must correct myself. Four times. Again, when it went before a judge in the circuit court and again here today. I want to put the rest whether or not there are legal issues that prevent you from going forward. And next to speak with craig clay, our deputy city manager. >> Chair: thank you. >> good afternoon. We focused on three areas -- code enforcement, as you previously heard about, policing issues and public works. The roadways are in dire need of milling and resurfacing. Additionally, the area is in a brownfield, brown brownfield -- prown fields and they will provide for businesses to expand and new businesses that will bring some investment in the area. Addressing those code enforcement and policing issues will make the area much more attractive for investment. The city is ready to take over the area and we appreciate your support. Thank you, sir. >> okay. Now we have -- >> I'm nicholas rodriguez. This morning, you heard about the lack of notice at the city council level from my colleague, melissa tapannas. In addition the commission failed to comply with various technical things provided. The deficiencies are describing the tax impacts on the property owners in the aanyone aches. In addition, the commission fails to provide a time line of when city services will be provided, particularly, the police services that the city is so concerned about. The petition itself reported to have a section on tax code. That section never appeared. The last two pages provide a cutoff portion of a spreadsheet that's completely unintelligible and makes it impossible for any property owner to determine the impact. The code specifically requires that the petition submitted to the county. In addition, the commission fails to provide a time line when police services will be provided. Looking at page 13 of the staff report, county staff has reported that miami-dade county police department will continue to provide police services been the annexation area until such time until miami gardens is able to assume those services. The staff report leerns us wonder whether miami tide county will be left footing the bill. Because this petition is incomplete as submitted to the county, we respectfully request that you deny the petition or defer it to a future date. Thank you. >> Chair: thank you. Next one? >> tom robertson, office at 200 south biscayne boulevard. Also here on behalf of the owners. The -- the application that came to you was defective. Your code has specific items that shall be done prior to the issuance of the application and has items that shall be included in the application. Section 1-2 of your code says, that the words word "shall" is always mandatory. We've been hearing that this is a political decision and at some point in the future, it May be become that. But right now, you have a defective application before you. These processes have not been accomplished. In addition, the information that the city distributed to its residence was that there would be $98 million in revenue to the city. That's not true. There will be $98 million in tax base. That results in only $7,000 in revenue. This process has been flawed. As it reached the county. And it cannot be corrected without going back to the city and doing it properly. So we could encouraging you to send this back to the city, let them do it correctly and come back again. I would urge you to reject this application. >> Chair: thank you, sir. I believe that there's one more person. >> yes. Thank you. Jeff burcow,00 south biscayne boulevard in miami. In 2012, the miami-dade electors voted to amend the county charter to require you to consider whether commercial areas are included in a proposed annexation area for the mere benefit of increasing the tax base of the annexing municipality. This amendment was intended to discourage cities from annexing highly-valuable commercial properties with fewer registered voters in order to increase the city's tax revenue without a referendum. At the voters' direction we're asking you to consider the only possible purpose of this annexation. You can see from the exhibit board behind me, the annexation area only includes commercial properties. 80% of those properties are commercial or industry. The rest are government owned. The city claims that this annexation is just an expansion of the logical boundary of miami gardens at 95. Completely ignoring the mix use area north of miami gardens drive, 183rd street. This mix the use area will become isolated and surrounded by miami gardens and separated from the I'ves dairy neighborhood by the snake creek canal. Is this area north of miami gardens drive and east of north become avenue not included in the petition in the -- in accordance with the charter. The reason, to avoid a referendum required when more than 250 electors reside in a proposed annexation area. This annexation should include all of the properties, southwest of the snake creek canal. The true natural boundary. We ask you to reject the petition, based on the issues, the county voters have demanded that you consider and we'd also like to point out that the judicial decision is under appeal and we ask you to defer your consideration -- >> Chair: thank you -- until that appellate process has completed. >> Chair: thank you. Thank you to the speakers. Now I close. That was the last speaker to speak. And this item was -- commissioner martinez? >> thank you, Madam Chair. I take a little bit of exception to the -- what's placed here by staff on the amount of loss. That in commercial and industrial, you really don't have a lot of service. It's mainly revenue more than anything else. Usually the only service calls you get, they are burglar alarms. The department writes this down as if it's a two-man call and in reality, only one officer responds. To that, the problem is, Madam Attorney, I've heard two sides. People from miami gardens said the petition was valid. Attorney for the landowners say it is not valid. Who would decide if it was or not? The courts? >> commissioner martinez, eddie mortally is here. >> yes. The court decided in this matter that this could proceed. They sought an injunction, which was denied by the court. They didn't present the evidence necessary to get the injunction. >> Chair: but there is an appeal? >> there's a couple things -- this is something we're going to be losing soon, which is the institutional knowledge. I don't know how many of you were here from the old crew when miami gardens was incorporated. Commissioner ferguson was pushing it. If you really, the city started very, very small. But the numbers didn't fit. It wouldn't make sense and they had to keep growing and growing and growing until finally, it was able to do so. Now, there, the county at the time, the residents there and they voted for it, 1.92 is the mills. We have that for 200. In miami 00 -- there are in residents. Nobody votes. I know we took the vote out of the people's hand as well. But I urge you on this one not to because there are landowners and they and dash they are landowners -- and they are impacted. According to the stat, the average increase will be $26,000 per lot, if the annexation is approved, yet they don't have a say in it. That's not correct. I believe that burcow alluded to some of that on a part that wasn't taken in. But a couple of things, number one, industry and commercials are not losses to any area. They are a benefit. It's a donor area. Regardless of what our staff May have said here and I always take it one at a time on that. But also the fact that you are incorporating so muchs there's a huge tax increase and the people don't vote on it. Nobody has a chance to say, you know what? I don't mind my taxes increasing if I belong to a city. They've done that before. But here we're not giving them a chance. Basically to me and -- I know it's not legally but it's almost like a taking. You are forcing something on somebody, kind of like what the state used to do to us. This is an unfunded mandate. >> Chair: commissioner heyman? >> ty, Madam Thank you, Madam Chair. I share your sentiment -- I'm going to go one step further. It's sort of taxation without representation. They are paying the tax. Ke came into the area and I've watched the fine city of miami gardens groi. I used to help a lot of it as a state representative. And so, you know, my concern is these people never had a voice to say yes or no and so I appreciate and I would like to see what is drawn up as far as business goes and having a say. Madam Attorney, is that our code and rule or is that state when it comes to annexation or I guess incorporation that is -- if it's under x-amount of residents, there's no vote. So you can -- you know, we try to make rules against cherry picking or anything else. But, is that state or is that miami-dade county that says if you are not a resident, you don't get a say. >> Mr. Rosenthal will address that. >> so you need to be a resident -- there was a recent constitutional amendment that was just passed that limited the ability to vote in the election to citizens who are only 18 years of own 18 years of age. >> so they can be part of the public hearing. We heard them before on -- that the businesses that were effected, quite a few of them came up and correctly so, publix is affect the but did not come up. Here's my concern -- I know ocean cadillac. They tried to relocate from where they were in bay harbor over to the old costco and it was city-to-city and they knew what they were getting into but it had to be a certain distance away and they moved to an air -- they looked to an areas where they could move, make extensive capital improvements with a whole showroom and still afford to do it and bring potential former clients with them. But it was an economic decisions. There are new ones. Some of the other places -- they've been there for years. I live in in the area on the other side of I-95. It was a concerted economic decision for them to go there because we try to keep them over on the east side by the costco. But to have their taxes go up and I think for that run just one site is over 30 something thousand dollars a year. And they have no stay on it. They've already started their capital improvements. I think what the issue comes down to well, it's a pocket in my district and I'm getting called. We all -- most of us have umsa in area. Air -- in our area. We respond. That's what our county areas do and for the roads needing restriping or repair and stuff like that. Co. That's on the county commission and to make those improvements, I'm doing it now on a thru street between a city and umsa now. So, you know, to hear that -- that improvements are necessary and they will come if you get involved in the city. I don't think it's gonna be -- it should be join a city or you will not get it. At the end. Day, they are still paying coxes. I do have taxeses. I do have a concern that they -- the cadillac place that came in, that's new. Some of the other ones had been there for a long time. But the thing is, someone should have said, we're looking to change this and your costs are going to go up this much before you put in a multi-million dollar facility and it will go up higher because your evaluation is higher. I have a concern about that. Commissioner sosa, I'm saying it now because we're in sunshine. i'm interested in your language. I hear what council said about a court decision on only a voter who is a resident over 18 but there's also resident on, you know, basically taxation without representation or such substantial tax increases without being afforded an opportunity other than saying something, not having a vote, I guess. Madam Attorney, I know there was a court case. I know it is on appeal. My question to you -- the lower court already said that they believe it's in the proper forum as a political decision. Yeah, because it is annexation and it falls to us. You know, rightfully so. It is our chambers. But my question is, for some of the concerns raised about -- within our code, timing of everything and correct information or anything else that's being alleged. I'm hearing it again and again every time this item comes up on this piece and no one seems to be disputing that those are the facts but they are just basically saying it's irrelevant. Was our -- was our code properly followed with -- with date structure which we have hearing structure, which we have. Public any tis notice. Yes, it was done. I would like to publicly lay that to rest one way or another. Was our miami-dade code as it applies to annexation adhered to properly? >> we believe the item is properly before you. For the details, I would refer to eddie or abbey and they May wish to have staff provide some input on the details of the actual application. But we believe it is before you properly today. >> okay. Thank you. And the last thing is it's on appeal if we proceed and the lower court says it's a political decision and the parties who feel that they are -- that they are agreejed in this where is the kook on county on this? Is it prudent that someone said why don't you wait until the court of appeals comes out with a decision. >> I will let eddie curtly answer that question on behalf of the county attorney's office. >> thanks. >> and I believe abbey, who argued the motion, is available on zoom if we can be brought up to speak to the details of that. >> I just want to know if we're facing liability. I'm surprised that the court made the decision basic saying well, it's a political decision. I think anything we do hear might be deemed a political decision. But is it proper, lawful? I know it's a political decision. The court held that it -- they've not made a decision to proceed on the the annexation or not and it would be premature under established case law to stop the board from exercising its legislative function. So that was the decision. In terms of the merits there were arguments made that this has been properly done in accordance to the process prescribed in the code and again, abbey could speak to that in more detail. >> Chair: to the first part that said, well, we haven't actually voted on the annexation so, therefore, they didn't really in their favor. My question is, if we vote on it today. And it is being appealed based on the lower court saying, well, we're not going to decide because this is prematurely before us. What does this mean for miami-dade county? >> on the merits. We believe it is properly before you so even aside from the issue of the jurisdiction which was the based on the court's decision, we do not believe the legal challenge is one that would be successful. >> okay. I can't see where a business area is going to be a windfall for the county to give it up. I'm looking at exhibit 2. I didn't understand it the first time. Now I'm getting to see it in this agenda item. So thank you. >> Chair: thank you, commissioner. One thing that surprises me because our county attorneys are always very careful about the process and the question is, what if -- because we don't know if the appeal will be approved or rejected. We are taking a risk and making a decision before the proper process, the legal process finalizes. Just because this is the first time that I hear I think we're gonna win. We always go with one hand to win and one hand to not win. I'm very, very concerned about that. And jenfer, after I recognize other people, I want you to let us know what will be the fiscal impact to the budget of my miami miami county. Around the businesses that are there, I think that it is -- I understand that publix is very easily to take $26,000. There are a lot of small businesses over there that will have to close their doors if we do this at this moment. That's my concern. >> thank I just have a question questions because I think we're mixing apples and oranges here. I understand the concern about the vote but the reality is, even if we defer this item and were to change our rules later, it would be inapplicable. If we're going to have a conversation about equity and a change in the future, I think that's great but I think we have to be clear that that does not apply to this case. I say that because this conversation that we're having a could be part of a legal record, right and something that's considered in a case of law. That being said what we have before us, our rules do not require this. The question that's posed to the attorney was noticed proper. I disagree with you, ma'am damage chair, an attorney would say yes, no, we win or we lose. [Laughter] >> we always say maybe. >> yes. Yes. >> that's the one -- >> yes. >> you never know. You never know. We're always very clear to give ourselves that without. We try our best to give a little bit of leeway. That being said, Madam Children, my question to you is -- and about the case, I'm concerned about postponing this because there is a pending case in terms of the precedent. I think it would be ush absurd that every time there's a concern -- that would paralyze the board. Our role here is -- they filled out the application. You will telling us that they checked all of the boxes. They did everything correctly. >> I'm going to defer to eddie to that and it is noted in the agenda item today, which would be the denial, the approval. The approval would be to authorize us to prepare subsequent legislation to proceed or deferral. But if you have more questions, eddie and abbey are much more familiar and can answer them. >> yes. On this one, I will have to defer to abbey who is available remotely today and also perhaps, the omb staff would comment on what was received in the application process. >> good afternoon, commissioners. I wanted to address a couple of the questions about the application. This is abbey and I know that george fernandez is also on from office, management and budget. First as to notice, the county has held two items on this. County staff sent mailed notices to property owners for both hearings. It was also advertised in the neuch. There was coming up. There was -- in the newspaper. Ush the city certified there were mailed notices to property owners. I believe there was a question in the litigation last week and the plaintiffs had alleged that -- that some of their names were missing from the city's notice list and what -- what came out in the hearing was that the notice list that they've been provided was -- it was a double-sided document that was missing certain pages. So whole areas of the alphabet have -- once they had the complete document they were on that list. This is based on the city's representations to the county. And those lists. As to -- as to other deficiencies in terms of certain financial information not being provided. Our understanding is that office of management and budget have looked at it. we've looked at it and we really don't see any deficiencies to the text there were any. Office of mangt mngt and bucket does done a detailed an analysis. Prawfer I believe there was a question about the public hearing held by the city. It was -- maybe george fernandez can speak to that in terms of the order and how it happened. But I will say that how the county has handled prior annexation applications, they've never -- the county has never taken the view that if there's something missing from an application, it can't be fixed or it can never be cured. And -- and the application and george can speak to this,ed ,ed and the application has been complete before it went to the hearing on the planning side. This is a decision for the board and the choices for the board are outlined in the resolution. If the board chooses to move on from here. There's still a number of steps in the process before any annexation could be approved. >> thank you. >> thank you. >> Chair: thank you, abbey. Always good to see you. You know, she clarified many of my concerns and questions. Thank you. Commissioner? >> thank you ma doom Chairwoman. This question is for the county attorney. This resolution says, now, there fear, be resolved that -- basically that the board of county commissioners takes the following action on the annexation of the city of miami gardens. >> directs . This is a -- this is a direction. That means there would need to be an ordinance to effectuate a -- it seems like double work and maybe because I'm new, you know, I don't quite yet why we do it this way. I haven't head all of the -- the procedures, et cetera, just yet but my question is this -- was it necessary to put this item on to give you treks or do I as a county commissioner have the absolute right to request you to draft an ordy stance ordinance that would effectuate it? Therefore, it could get put on for all of us to hear -- this is like an interim step. I'm telling you to do something but I'm giving you the voice of my board when I'm telling you to do it. Should I clarify my question? >> no, I understood. This is specific to the annexation process. So if eddie and -- or abbey could address it as to why it is worded this way. >> I can address this. Again, this is abbey in the county attorney's office, the annexation process in the county is governed by the county charter and the county code and this process where there's first a resolution and that instructs the county attorney's office to prepare a subsequent ordinance. That is how the process is laid out in the code. >> just to clair can fi, just to be sure. From what you just described to me. When I read it, I will. It's going to say that we have to first have a resolution that directs the county attorney to create an an gray e. And ordinance which would then come back before this board for us to vote upon. This is -- this step is required by law. G6 @&@m@f@f@f@f@f@f@f@f@f@f@@f@@f@@n@f@f@f@n@f@f@f@@f@@@f@@f@f@f@f@v@f@f@f@f@f@f@fcccccc >> so it's regularly stated as a form answer in questions related to annexation that until such time as the jurisdiction takes over service, the county police will continue to provide it, meaning if the vote happens -- if the vote happens and the board accepts the interlocal agreement and adopts it and everything happens we're not going to walk away the next day, right. >> it's like the chairmanship, we have a transition to help them. >> exactly. >> I wanted that for the record. Now I don't see any other hands. Commissioner gilbert? >> thank you, Madam Chair, to address a couple things the reason why they take about code enforcement and the roads and public safety isn't because we feel like they should pay more tax to get that it's because the process outlines you need to state reasons that are not just tax based, revenue based. there's legitimate reasons here. There are legitimate reasons that speaks to code enforcement and the area in its entirety. This is miami gardens because things tend to flow west from that location to the city of miami gardens. Even though miami gardens is not policing that area, we're policing the area when people leave there and have a shootout going down 183rd street. We police the area when the fighting in the club turns into a shooting at Mcdonald. When people flee out of miami garden and go back into the area which is a maze. It was said a lot of businesses. We have three businesses objecting. There are 30 businesses there. You are really talking about what? 10%? I can appreciate that people don't want their taxes increased but just as a function business and I do business and all of you do business, you don't have a guarantee to a tax rate. You don't just don't. While I appreciate taxation without representation, this is not that. When you approve special taxing districts and lighting districts and stuff like that the residents vote. There's no residents here to vote. They've been afforded opportunity after opportunity to speak on this. It's not new for this area or this and nextation. if an ordinance is prepared, they have another opportunity to speak on this. That's the process that we have. I would appreciate positive consideration. Thank you. >> are you making a motion? >> I move the item. >> second the item. >> Chair: the item was moved and second. Any additional discussion? Anyone wishes to be recorded no? One no from commissioner martinez. Thank you very much. Then the next items are items 15b4 and 15b5. This is a little bit different. This is to start the process at this point. Commissioner diaz. >> thank you Madam Chair. I did specify, I'll make the motion to move it. It's simply a report to start the process that they've been trying to do for a very long time. >> Chair: Madam Attorney can be move for 15b4 and 15 b5 together? >> yes, I believe the motion is just to refer them to the advisory board. >> there was a motion and second. >> it was a second by commissioner heyman, questions, discussions and this is also I believe this is resolution. Anyone wishes to be recorded no? Commissioner martinez is a no. >> sorry which is this one? >> 15b4 and 15b5. >> Madam Chair, if I can be recognized as a no on 11a1 and this one as well. >> let the record reflect that commissioner garcia voted against 11a3 and 15b4 and 15 b5. Okay. Those are the only two nos. I want to tell the department that is listening after I see all this happening, I don't know how many times I'm going to ask publicly for the west miami annexation to come. I would like to see that item on the next commission meeting? Do we have anything else left on the calendar? >> Madam Chair, I believe commissioner diaz had a motion -- I don't know if he wants us to read it. >> if I can. >> a motion and allocations. Do we have allocations to make? >> I believe we. >> Chair: you want your motion first? >> if I can. >> please read the motion. Commissioner Mcgee this is something very important to you to your district. I'm looking at it to the military side and so on on I think it's important that due to sunshine we had no time to get together. This is something I think you need to take the lead on after this. If you could please read the motion. >> I'd be happy to. Recently the city of homestead entered into a settlement agreement with hand owners who own -- land owners who own property adjacent to the homestead air reserve base. The agreement purports to authorize those land owners to develop their property in a manner consistent with the city and county airport zoning regulations. Concerns have been expressed abouthe city not enforcing county airport zoning regulations which are designed to preserve airport capacity and protect public safety. There's also a concern as to whether the city followed the proper process required to grant variances from zoning regulation. The base is a regional asset and it could impair operations there. Therefore, commissioner diaz is moving to authorize the county attorney to analyze the settlement agreement and the manner in which it was adopted and initiative or join in any litigation or related action that May be necessary to ensure the county's interest or county zoning regulation. It's preserved and protected and the ability of air reserve base to fully function and maintain its value as a regional asset is not diminished by the settlement. >> it's moved by commissioner diaz? >> do you want to move it? >> commissioner moves it. I'll second. >> which district are we talking about? >> the air force base, district 9. >> it was sunshine and not must have time. madam chair I move this motion. Seconded by commissioner diaz. >> second. >> questions, discussions. >> May I add one thing, Madam Chair? >> go ahead. >> we've been working for 3-4 years to get the frch-35 f-35 squadron in. This is vital for the community that we cannot find a way that this will not happen. We need to work together to bring this. There's a lot of money being spent and a lot of time and effort from prior commissioner, myself, commissioner moss, myself and many others to make this a reality. We cannot afford this not to happen. This is why it's so important. >> Chair: it was moved and second. No additional discussion? Anyone wishes to be recorded no? Without objection that is approved. Now we need the allocations. Let's start on that side of take. Commissioner heyman, please don't go because we need quorum to vote on this. >> thank you Madam Chair to. Be reimbursed from 2021 district 4 discretionary account girl scouts of prop call florida $30 0. South florida spca $7,000. Informed families $50, community news for an ad $750. Also like to be reimbursed $8538.89 for costs associated with district four activities and transfer $5908 from my 2021 office budget to the district for mom and pop 2020 account. Salvation army area command, $1,000 and dade county dental research clinic, the drch brch dba is community smiles $2500 to the clerk. >> Chair: thank you. Diaz? >> thank you, Madam Chair, from the 2020, 2021 crrchcbo district reserve. Citrus network $500. I would like to reimburse with the purchases card in $15375 for district 12 thanksgiving drive through event. And from district 12 in kind budget, I would like miami-dade parks department care of city of doral art week $1300. >> Chair: commissioner soto? >> yes, from district 10cbo reserve funds $4650 to the west chester miami-dade business council for helping district 10 businesses that suffered during the covid-19 pandemic in order to pay for their lbt license to miami-dade county. $500 to the commission family coalition of florida, inc., $1,000 to [Inaudible] >> Chair: commissioner? >> $1500 to pta congress, south point florida pta for augmented reality and resiliency murals, $1500 miami beech miami beach conservancy, $30,000 for the miami foundation for the access covid recovery found. >> Chair: thank you do, I hear a moment. [Inaudible] Moved by commissioner heyman and diaz. Those allocations passes and now we have to do something special. We used to have commissioner moss who was the one that every time we had a commission meeting he was the one making a special way calling we finished the meeting. Who wants to take that so we can start -- let's give that to commissioner sosa. >> Chair: no, no, no. Can you try commissioner Mcgee? >> I know we cannot fill those shoes ever because we need to try because every time we do it we will be remembering him. >> you do it, commissioner monestime. >> commissioner soto. >> it's going to be on you. You are the one that has to say move it. Say it commissioner. Go ahead! Go ahead commissioner soto! Say it. >> move it! >> Chair: okay. This meeting is adjourned. Thank you to all the staff, attorneys, all those who help us with the technical difficulties. To all the members of the media that were present, all my colleagues.