Wet dreams - You can't go back on them, Miami Dade County Commissioners. By Geniusofdespair

 It was moved by Commissioner Seijas that all applicants requesting to develop outside the UDB line be instructed to meet with the Miami-Dade Water & Sewer Department prior to CDMP meeting scheduled for April 2006 to develop a specific, alternative water supply plan for their projects and that the proposal be included in the applicant’s final application. This motion was seconded by Commissioner Heyman; and upon being put to a vote, the motion passed by a unanimous vote of 13-0.

(Special Item Number 2 was adopted on November 30, 2005.)

 Both of us were at the County Commission during the 2005 CDMP cyle hearings. They said they would allow the Urban Development Boundary to be moved for Application No. 5, ONLY if they could find a water source for the application. It was agreed in a settlement agreement that the Hialeah and the County would build a desalination plant for the application so they would have their own water source for the plan.

Today, according to water and sewer, we are flush with water because of conservation. At the County Commission meeting today the question was what would be the water source for the American (wet) Dream Mall Miami.  Think about it, snow for the slope, water park etc. They will be using a lot of water. Stupid idiot Lester Sola, now the department head, said the County could give them water. Well, stupid idiot Lester Sola, once you give them water you can't go back. It is a one way street and we already had a bargain that they would not get aquifer water. Why would you get up there and make such a promise? Because you are a stupid idiot. We the public had our promise this wouldn't happen. The commission goes back on promises to us all the time - remember the 20 year deed restriction in Kendall they lifted in less than 5 years? We don't sue like this little guy will sue you. He was the most obnoxious of developers. He warned, don't give me a hard time. All the Commissioners giggled and passed the land deal with no caveats 11 to 2. Marlins all over again. Eskandar Ghermezian wasn't being funny, he was serious. Seriously scary. If you go back on a promise to this guy the County will be in lawsuits forever. He made no concessions at all.



Triple 5 Group - Ghermezian family
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What if we have a drought? A lot more development? What if we have more saltwater intrusion? Why would we offer our precious water as if were endless? I was playing good citizen conserving water for this? Most of the Commissioners did such a good job groveling. Commissioner Moss, this isn't going to help your theme park. Commissioner Sally Heyman was the only one who wanted to add water source to the agreement. You can't go back on your promises....Source was important as Sally said.

Here is a timeline for the 2005 cycle:

City of Hialeah applied to amend the County’s Comprehensive Development Master Plan (CDMP), in the April 2005 Cycle, to:

• Move the 2015 Urban Development Boundary (UDB)
• Change designation from “open lands” to “industrial and office”
• Application included 1,140 gross acres (between NW 97th Ave and the Turnpike and between NW 154 St and NW 186 St (the Annexation Area)
• April 19, 2006, the BCC approved application and transmitted to the State of Florida.
• June 22, 2006, the State issued Notice of Intent to find the amendment “not in compliance”. The main objection to the application was “non-availability of potable water supply”.
• July 6, 2006, the BCC approved resolution (R-847-06), authorizing execution of a Settlement Agreement, which required the adoption of a “Remedial Plan Amendment” within 75 days.
• August 24, 2006, the BCC adopted Ordinance (Ord-06-116) providing disposition of Remedial Amendment, which included “a funded commitment for a new reverse osmosis water facility, the Floridan Aquifer Water Treatment Plant, in the Capital Improvements Element”.
• July 24, 2007, the BCC approved resolution (R-918-07) entering into a Joint Participation Agreement (JPA), between the City and the County, to provide for a reverse osmosis water treatment plant to meet future water supply needs in northern Miami-Dade County.

Here are the minutes 8/24/2006 (they always do important things in the summer);

Chairman Martinez called the meeting to order at 11:40 a.m. He noted the purpose of today’s meeting was to take final action on the remedial amendment application to amend the Comprehensive Development Master Plan (CDMP). The remedial amendment application, he noted, was filed by the Department of Planning and Zoning (DPZ) on behalf of the County Manager as directed by this Board in Resolution Number R-847-06; and approved the settlement agreement with the Florida Department of Community Affairs (DCA), which resolved a pending dispute relating to Application Number 5, (AKA the “Hialeah Application”) of the April 2005 CDMP amendment cycle. Chairman Martinez noted the remedial amendment application was consistent with the remedial plan amendment described in Exhibit B of the executed settlement agreement, and was the subject of today’s public hearing as it pertained to Application Number 5 only. The Board was scheduled to take final action today on Substitute Special Item No. 1, by either adopting, adopting with change, or not adopting the amendment application. Chairman Martinez noted the procedure for the hearing would be as follows: Department of Planning and Zoning (DPZ) staff would summarize the content of the remedial amendment application; speakers, if any, would be called in order of signing in; written statements would be accepted, summarized and submitted for the record. Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance, Substitute Special Item No. 1 into the record. Chairman Martinez relinquished the chair to Vice Chairman Moss. DPZ Director Diane O’Quinn Williams introduced herself and noted that Mr. Mark Woerner had distributed a summary of the remedial amendment. Mr. Mark Woerner, Metropolitan Planning - Long Range Planning Section Chief, Department of Planning and Zoning, advised that the Board would be taking action on the Substitute Special Item No. 1, Legislative File No. 062315. He noted the DPZ Director’s remedial amendments application; the stipulated settlement agreement executed between the County and the Department of Community Affairs (DCA); the Resolution Number R-847-06 enacted by the Board on July 6, 2006, and pertaining to the proposed settlement agreement; and the June 21, 2006 Interlocal agreement between the City of Hialeah and the County regarding the operation and maintenance responsibilities of the proposed plant, have been provided for today’s hearing. Mr. Woerner indicated the reason the remedial amendments were before the Board was because the DCA found the amendments to be in non-compliance during their final review process of the Board’s final actions on the comprehensive plan amendments. He noted the primary issue was that the County did not demonstrate it was able to provide adequate water supply to serve the demand created by those Land Use Plan (LUP) map amendments, therefore, today’s remedial amendment only addressed Application No. 5. Mr. Woerner proceeded to provide an overview of the settlement agreement and the requested changes outlined in the “2006 Remedial Amendments Application Requesting Amendments to the Comprehensive Development Master Plan.”



Responding to Commissioner Sosa’s comments regarding the Interlocal Agreement and the Remedial Amendments Application, Mr. Woerner noted a copy of the Settlement agreement included the Remedial Amendments Application. Vice Chairman Moss opened the public hearing and the following persons appeared before the Board in connection with the foregoing ordinance: City of Hialeah Mayor Julio Robaina noted the City and County staff had worked diligently on the Interlocal agreement. He expressed appreciation to County staff for their efforts and cooperation on this matter. Mr. Robaina noted all concerns were addressed including those of the neighboring cities and residents, and urged the Board to approve the foregoing proposed ordinance. Mr. Mitchell Bierman, 2665 South Bayshore Drive, attorney representing the Town of Miami Lakes (“Town”), along with colleagues Ms. Nina Boniske, Mr. James White, Kimley-Horn Engineering Consultants Mr. Russell Barnes and Ms. Susan Danielson, and Ms. Maria Crowley, Town of Miami Lakes Planning Director. He noted the Town of Miami Lakes was a party to the administrative litigation that was still in effect between the DCA and the County regarding the subject of the Settlement agreement (Too many words in this sentence—not clear). Mr. Bierman stated the settlement the County was attempting to implement today was between two of the parties, but not all of the parties, and the Town would still be a party in opposition to this application following today’s actions.. He expressed appreciation to everyone, including Commissioner Seijas, for tabling the issue of the Interstate 75 exit. Mr. Bierman noted the rate in which the Settlement agreement was progressing did not allow the Town to meet as a council to discuss the agreement and determine whether the settlement was acceptable. He pointed out that the Town has voted consistently to oppose any changes to the urban development boundary. Mr. Barnes noted the traffic and transportation analyses merit further review between the Town and the City of Hialeah to negotiate an alternative solution. Responding to Commissioner Seijas’ comments regarding the Town Planning Director being a former County employee, Assistant County Attorney Armstrong-Coffey advised the Board that former County employees may not represent another party. She asked to briefly speak with Ms. Crowley regarding this circumstance before she appears before the Board. Discussion ensued between Board members and staff regarding the traffic circulation in the subject area pertaining to application no. 5. In response to Commissioner Seijas’ comments, Assistant County Attorney Armstrong-Coffey noted attempts were being made to contact the Commission on Ethics and Public Trust Executive Director for official verification. She advised the Board of the prohibition on former County employees representing parties; however, there was a provision in the Miami-Dade County Code that states prohibition shall not apply when former employees employed by other governmental agencies and appear before the County in their official capacity for such entities. She noted Ms. Crowley has informed her that she was before this Board exclusively in her official capacity as a Town employee. Ms. Marie Crowley, Planning Director, Town of Miami Lakes, appeared before the Board, and noted the Town’s concerns with the traffic circulation. She asked that consideration be given to address the concerns and the impacts of traffic to the local level of services in the areas of the City of Hialeah and the Town. Mayor Robaina stated the City of Hialeah had issues with transportation and the water. He respectfully asked the Board to approve the foregoing proposed ordinance. After hearing no other persons wishing to be heard by the Board, Vice Chairman Moss closed the public hearing. Responding to Commissioner Sorenson’s concerns with the Interlocal agreement terms, Assistant County Attorney Armstrong-Coffey advised that the Interlocal agreement was legally sufficient. Responding to Commissioner Sorenson’s comments regarding whether the City of Hialeah was contributing to the Floridian Aquifer Water Treatment Plant, Mr. John Renfrow, Director, Miami-Dade County Water and Sewer (MDWASA), stated the County would need to enter into an agreement with the City of Hialeah on plans for the design and construction of the facility. He pointed out this facility would be part of the MDWASA system. Hearing no further discussion, the Board proceeded to vote on the foregoing proposed ordinance as presented.