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Res No 070-21-15690RESOLUTION NO. d 7 0— 21-15 6 9 0 A Resolution of the Mayor and City Commission supporting the Miami -Dade County Resolution creating a Septic to Sewer Task Force. WHEREAS, in Miami -Dade County, approximately 108,000 properties are served by septic tanks and are not connected to the County's sanitary sewer system; and WHERAS, according to the 2020 billing data submitted to RER-DERM, there are 2,329 parcels in the City of South Miami with septic systems; and WHEREAS, septic tanks treat and dispose of wastewater in an underground drainfield; and WHEREAS, improper maintenance, aging infrastructure, and groundwater levels hinder septic tanks from functioning as designed; and WHERAS, improperly functioning septic tanks may pose financial, environmental, and health risks; and WHEREAS, the Miami -Dade County Water and Sewer Department and Department of Regulatory and Economic Resources provided a Plan of Action Report regarding septic tanks on December 10, 2020; and WHEREAS, there is an item on the Agenda for the County's July 8, 2021, board meeting regarding establishing a Task Force that will study issues related to the conversion from septic tanks to the sanitary sewer system in Miami -Dade County and make recommendations regarding same; and WHEREAS, the Task Force would be established solely for advising the board and the County Mayor on issues related to septic to sewer conversion in Miami -Dade County; and WHEREAS, the Task Force would be required to provide a written report with recommendations to the Board within 364 days of the effective date of the County's resolution and would sunset on that date as well; and WHEREAS, the Mayor and City Commission wish to support the passing of the County's Resolution during the July 8tn meeting. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Pagel of 2 Res. No. 070-21-15690 Section 2. The Mayor and Commission for the City of South Miami support the passing of the Miami Dade County Resolution creating a Septic to Sewer Task Force. Section 3. The City Clerk is directed to transmit a copy of this Resolution to the Miami - Dade County Board of County Commissioners. Section 4. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section S. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution will become effective immediately upon enactment. PASSED AND ADOPTED this 15th day of June, 2021. ATTEST: APPROVED: J q_�X14� CITY CL RK MAYOR J READ AND APPROVED AS TO FORM, LANGUAGE, A CITY, AND EXECUTIO HEREOF //1 CIS TTORN COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Corey: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Rem No:Ca. City Commission Agenda Item Report Meeting Date: June 15, 2021 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Rem Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission supporting the Miami -Dade County Resolution creating a Septic to Sewer Task Force. 3/5 (Mayor Philips) Suggested Action: Attachments: Reso supporting MDC Septic to SewerCArev.doc MDC 211375- Septic-to-Sewer.pdf MEMORANDUM TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan County Attorney CIOIC Item No. DATE: June 10, 2021 SUBJECT: Resolution creating a Septic to Sewer Task Force; setting forth powers and responsibilities of such Task Force; providing for a report; and providing for sunset The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Raquel A. Regalado. Geri Bonzon-Keenan County Attorney GBK/jp 4 �4 MEMORANDUM (Revised) TO: Honorable Chairman Jose "Pepe" Diaz DATE: July 8, 2021 and Members, Board of County Commissioners FROM: onzon-Keenan SUBJECT: Agenda Item No. County Attorney Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's present _, 2/3 membership _, 3/5's _, unanimous _, CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) _, CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) _, or CDMP 9 vote requirement per 2-116.1(4)(c)(2) ... ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 2 5 Approved Mayor Agenda Item No. Veto Override RESOLUTION NO. RESOLUTION CREATING A SEPTIC TO SEWER TASK FORCE; SETTING FORTH POWERS AND RESPONSIBILITIES OF SUCH TASK FORCE; PROVIDING FOR A REPORT; AND PROVIDING FOR SUNSET WHEREAS, in Miami -Dade County (the "County"), approximately 108,000 properties are served by septic tanks and are not connected to the County's sanitary sewer system; and WHEREAS, septic tanks treat and dispose of wastewater in an underground drainfield. and issues such as improper maintenance, aging infrastructure, and groundwater levels may hinder septic tanks from functioning as designed; and WHEREAS, improperly functioning septic tanks may pose financial, environmental, and health risks; and WHEREAS, this Board and the County administration have actively taken an interest in the conversion from septic tanks to the sanitary sewer system in Miami -Dade County; and WHEREAS, recently, the Miami -Dade County Water and Sewer Department and Department of Regulatory and Economic Resources provided a Plan of Action Report regarding septic tanks on December 10, 2020; and WHEREAS, this Board wishes to establish a task force that will further study issues related to the conversion from septic tanks to the sanitary sewer system in Miami -Dade County and make recommendations to this Board, Agenda Item No. Page No. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1. Creation. This Board hereby creates the Septic to Sewer Task Force (the "Task Force"), which shall consist of 13 members, consistent with the requirements set forth in this resolution. Section 2. Purpose, Powers, and Duties. The Task Force is established solely for the purpose of advising this Board and the County Mayor on issues related to septic to sewer conversion in Miami -Dade County. As part of the duties, the Task Force shall review relevant data, studies, assessments, reports, and evaluations related to septic to sewer conversion and may hear additional presentations and comments from relevant stakeholders, members of the public, Miami -Dade County experts, and experts from other governmental agencies and the private sector, to the extent feasible and applicable. In addition, the Task Force shall invite and hear comments from municipalities to obtain their input on the municipalities' particular needs and concerns related to septic to sewer conversion. To assist the Task Force, the County Mayor or County Mayor's designee shall compile a list of municipalities where septic tanks are located, share said list with the Task Force, and contact such municipalities to encourage them to participate in meetings of the Task Force. Additional information is attached as Exhibit A. Consistent with the purposes outlined herein, the Task Force shall prepare a written report with information and recommendations to this Board with respect to the conversion from septic tanks to the sanitary sewer system in Miami -Dade County. 4 7 Agenda Item No. Page No. 3 Section 3. Limitations on Authority. The Task Force is advisory only and shall not have the power or authority to commit the County or any of its agencies or instrumentalities to any policies, incur any financial obligations, or to create any liability, contractual or otherwise, on behalf of the County or any of its agencies or instrumentalities. Section 4. Membership Composition, Appointment, and Vacancies. The Task Force shall consist of 13 members who reside in Miami -Dade County. All Task Force members shall possess expertise or knowledge related to septic tanks, sanitary sewer systems, or septic to sewer conversion, and all members shall have demonstrated interest or engagement in issues related to septic tanks, sanitary sewer systems, or septic to sewer conversion. In addition, at least two members of the Task Force shall be engineers with experience related to septic or sewer systems in Miami -Dade County, and at least two members of the Task Force shall have experience in the practice of land use law or real estate development law in Miami -Dade County. Each County Commissioner may appoint one member to the Task Force by filing written notice of such appointment with the Clerk of the Board. if a Commissioner wishes to appoint an individual to one of the four reserved seats for engineers or attorneys, as detailed above, the appointing Commissioner shall so indicate by written notice filed with the Clerk of the Board. The four reserved seats shall be filled based on date and time of receipt by the Clerk of the Board of such notice indicating the intent to fill a reserved seat, and the Clerk of the Board shall notify the Commissioners once the reserved seats have been filled. Appointments shall be made within 90 days of the effective date of this resolution. Members of the Task Force shall reflect the diversity of the community and should have reputations for integrity and community service. Any member, chairperson, or vice chairperson who ceases to meet the membership requirements set forth in this resolution shall immediately 5 8 Agenda Item No. Page No. 4 forfeit his or her position on the Task Force. In the event of any member vacancies, the Clerk of the Board shall notify the Board of County Commissioners of such vacancy, and the vacancy shall be filled in the same manner as the initial appointments. In the event of a chairperson vacancy, the vice chairperson shall conduct the next meeting and the members of the Task Force shall select a new chairperson at that meeting. In the event of a vice chairperson vacancy, the chairperson shall conduct the next meeting and the members of the Task Force shall select a new vice chairperson at that meeting. Section 5. Organization and procedures at meetings. The Task Force may establish, adopt, and amend bylaws, rules, and regulations for its own governance. The Task Force shall elect, by majority vote, one of its members as chairperson and one of its members as vice - chairperson. The chairperson shall preside at all meetings at which he or she is present. The vice chairperson shall act as chairperson in the absence of the chairperson. In the event that neither the chairperson nor the vice -chairperson can preside at a meeting, the members present shall select a member from those present to preside over such meeting. To conduct any business or to exercise any power vested in the Task Force, a quorum consisting of a majority of those persons duly appointed shall be present. The members of the Task Force shall serve without compensation and shall not be eligible for reimbursement of expenses accrued in serving as a member of this Task Force, including travel expenses. Section 6. Government in the Sunshine, Ethics, and Othef- Regulations. All proceedings of the Task Force shall be conducted in accordance with the Government in the Sunshine Law, section 286.011, Florida Statutes; and the Citizens Bill of Rights of the Miami - Dade County Home Rule Charter. The Task Force shall be deemed an "agency" for purposes of the Public Records Law. The Task Force shall be governed by all State conflict of interest laws, 6 9 Agenda Item No. Page No. 5 as applicable. The Task Force shall provide members of the public a reasonable opportunity to be heard, consistent with section 286.0114, Florida Statutes. Accordingly, Rule 6.06 of the Miami - Dade Board of County Commissioners Rules of Procedures is incorporated by reference. The Task Force shall meet within 90 days of the effective date of this resolution and must meet at least S times before rendering its Report to the Board. Additional meetings may be held at the discretion of the County Mayor or County Mayor's designee. Section 7. Report. The Task Force shall provide a written report with recommendations to the Board within 364 days of the effective date of this resolution. The report shall address the matters described in section 2 above. The report shall be placed on an agenda of the Board as required by Ordinance No. 14-65 for consideration by the Board. The Board may then request such further work of the Task Force as may be in the public interest. Section 8. Staff. The County Mayor or County Mayor's designee shall provide adequate staff and support services to the Task Force. The staff shall maintain and keep records of the Task Force, prepared in cooperation with the chairperson, including the agenda for each meeting. The staff shall be responsible for the preparation of such reports, minutes, documents, or correspondence as the Task Force may direct, and generally administer the business and affairs of the Task Force, subject to budgetary limitations. The County Attorney's Office shall provide legal counsel, as needed, to the Task Force. Section 9. Sunset. The Task Force shall sunset and stand dissolved on the 364th day from the effective date of this resolution. 7 10 Agenda Item No. Page No. 6 The Prime Sponsor of the foregoing resolution is Commissioner Raquel A. Regalado. It was offered by Commissioner was seconded by Commissioner was as follows: , who moved its adoption. The motion and upon being put to a vote, the vote Jose "Pepe" Diaz, Chairman Oliver G. Gilbert, III, Vice-Chainnan Sen. Rene Garcia Keon Hardemon Sally A. Heyman Danielle Cohen Higgins Eileen Higgins Joe A. Martinez Kionne L. McGhee Jean Monestime Raquel A. Regalado Rebeca Sosa Sen. Javier D. Souto The Chairperson thereupon declared this resolution duly passed and adopted this 181" day of July, 2021. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Abbie Schwaderer Raurell Cristina M. Rabionet 11 Exhibit "A" The following charts were provided by the Water and Sewer Department for informational purposes only. The chart related to Commission districts contains high-level estimates of the number of non -sewer parcels per Commission district, based on the best available information and data. The chart related to municipalities contains estimates of the number of septic tanks per municipality based on best available information. 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