MEMORANDUM Non-Agenda Item No. 15(F)(1)

TO: Honorable Vice Chairwoman Rebeca Sosa DATE: November 19, 2020 and Members, Board of County Commissioners

FROM: Geri Bonzon-Keenan SUBJECT: Resolution authorizing the Successor County Attorney County Attorney to (1) analyze the settlement agreement between the City of Homestead and landowners who own property in a restriction zone adjacent to the Homestead Air Reserve Base, and the manner in which it was adopted, and (2) initiate or join in any litigation or related action that may be necessary to ensure certain interests ResolutionR-1230 No.-20 R-1230-20

The accompanying resolution was prepared and placed on the agenda at the request of Co-Prime Sponsors Commissioner Jose "Pepe" Diaz and Commissioner Kionne L. McGhee.

______Geri Bonzon-Keenan Successor County Attorney

GBK/smm

1 Honorable Vice Chairwoman Rebeca Sosa /PWFNCFS  and Members, Board of County Commissioners

Non-Agenda Item No. "  15(F)(1)

222 Approved Mayor Non-Agenda Item No. 15(F)(1) Veto ______11-19-20 Override ______

RESOLUTION NO. ______R-1230-20

RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO (1) ANALYZE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF HOMESTEAD AND LANDOWNERS WHO OWN PROPERTY IN A RESTRICTION ZONE ADJACENT TO THE HOMESTEAD AIR RESERVE BASE, AND THE MANNER IN WHICH IT WAS ADOPTED, AND (2) INITIATE OR JOIN IN ANY LITIGATION OR RELATED ACTION THAT MAY BE NECESSARY TO ENSURE CERTAIN INTERESTS

WHEREAS, during the November 19, 2020 meeting of the Board of County

Commissioners, a motion was made to authorize the County Attorney to (1) analyze a settlement agreement between the City of Homestead and certain landowners who own property in a restriction zone adjacent to the Homestead Air Reserve Base, and the manner in which it was adopted, because the settlement purports to authorize those landowners to develop their property in a manner inconsistent with both the City’s and the County’s airport zoning regulations, and then

(2) initiate, or join in, any litigation or related action that may be necessary to ensure certain interests,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY

COMMISSIONERS OF -DADE COUNTY, , that this Board authorizes the

County Attorney to (1) analyze the settlement agreement between the City of Homestead and landowners who own property in a restriction zone adjacent to the Homestead Air Reserve Base, and the manner in which it was adopted, and then (2) initiate or join in any litigation or related action that may be necessary to ensure: (a) the County’s interest in the enforcement of County zoning regulations is preserved and protected; and (b) the ability of Homestead Air Reserve Base to fully function and maintain its value as a regional asset is not diminished by the settlement.

3 Non-Agenda Item No. 15(F)(1) Page No. 2

The Co-Prime Sponsors of the foregoing resolution are Commissioner Jose "Pepe" Diaz and Commissioner Kionne L. McGhee. It was offered by Commissioner Kionne McGhee , who moved its adoption. The motion was seconded by Commissioner José "Pepe" Diaz and upon being put to a vote, the vote was as follows:

Rebeca Sosa, Vice Chairwoman Jose “Pepe” Diaz aye Sen. aye Oliver G. Gilbert, III aye Keon Hardemon aye Sally A. Heyman aye Eileen Higgins aye absent Joe A. Martinez Kionne L. McGhee aye aye Raquel A. Regalado aye Sen. Javier D. Souto aye District 8 - Vacant vacant

The Chairperson thereupon declared this resolution duly passed and adopted this 19th day of November, 2020. 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

Melissa Adames By:______Deputy Clerk

Approved by County Attorney as to form and legal sufficiency. ______

Dennis A. Kerbel James Eddie Kirtley

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