Miami-Dade Legislative Item
File Number: 060501
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File Number: 060501 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: URGE CONGRESS DETERMINE SECURITY OF PORT IMPACT SALE P&O Introduced: 2/21/2006
Requester: NONE Cost: Final Action:
Agenda Date: 2/21/2006 Agenda Item Number: 14A9
Notes: SEE #060530 FOR FINAL VERSION AS ADLOPTED. Title: RESOLUTION URGING THE U.S. CONGRESS TO HOLD HEARINGS TO DETERMINE WHETHER THE SECURITY OF THE DANTE B. FASCELL PORT OF MIAMI-DADE AND OTHER U.S. PORTS WILL BE UNDERMINED BY THE SALE OF PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY TO DUBAI PORTS WORLD, AND ALSO TO INCREASE FEDERAL FUNDING TO DEEP WATER PORTS FOR PURPOSES OF COMPLYING WITH POST-9/11 SEAPORT SECURITY REQUIREMENTS
Indexes: PORT OF MIAMI
  PORT SECURITY
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Katy Sorenson, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
  Bruno A. Barreiro, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/23/2006 14A9 Amended
REPORT: See Agenda Item 14A9 Amended, Legislative File No. 060530 for the amended version.

Board of County Commissioners 2/21/2006 14A9 Carried over 2/23/2006
REPORT: Commissioner Heyman directed the County Attorney’s Office to determine Miami-Dade County’s options regarding the Port of Miami-Dade and the sale of Peninsular and Oriental Steam Navigation Company (P&O) to Dubai Ports World of the United Arab Emirates. Commissioner Rolle noted legislation would be presented at today’s meeting relating to the sale of P&O Ports to Dubai Ports World. Commissioner Heyman said Miami-Dade County had a seat and a vote on the Homeland Security/Emergency Management Committee. She noted this Committee was meeting to discuss federal policy the first week of March and based on the language that would be presented in the proposed resolution referenced by Commissioner Rolle relating to the sale of P&O, she was requesting legislation be prepared for the meeting to be held in Washington, D.C. as a position from Miami-Dade County. County Attorney Greenberg advised that he would bring back a resolution on Thursday, February 23, 2006 outlining the Board’s authority. Responding to Commissioner Heyman, County Attorney Greenberg advised that Commissioner Rolle’s proposed resolution urging the U.S. Congress to hold hearings to determine whether the security of the Port of Miami-Dade and other ports would be undermined by the sale of P&O to Dubai Ports World, could be presented in Washington, D.C. as the Board’s position. Commissioner Sorenson requested and Commissioner Rolle concurred that the proposed resolution be amended to include a funding request to cover security costs. County Attorney Greenberg read a draft of the resolution being proposed by Commissioner Rolle. Chairman Martinez requested that County Attorney Greenberg meet with the Port Director to determine security costs. Commissioner Diaz asked that Seaport staff and the owners of the Port of Miami Terminal Operating Company (POMTOC) be present when this item was discussed by the Board. Commissioner Gimenez requested the County Manager provide him with information on the number of foreign controlled security entities that had business in U.S. ports and how Port security would be affected by the sale of P&O. Commissioner Gimenez requested the County Attorney’s Office prepare a resolution under his sponsorship, urging the U.S. Congress to pass laws that forbid foreign interests from having controlling security at U.S. ports. Commissioner Rolle said he had no objections to the Board discussing the proposed resolution on Thursday; however, the Port Administration appeared to be satisfied with the security contract. Chairman Martinez noted he felt the main concern would be employment of the workers. Later in the meeting, it was moved by Commissioner Sorenson that the foregoing proposed resolution be adopted. Commissioner Diaz noted Commissioner Rolle, sponsor of the foregoing proposed resolution was not present and the Board had requested to hear this item on Thursday, February 23rd. Commissioner Diaz said he had asked that staff provide clarification on the impact of the proposed sale as he would not be present on February 23rd. Mr. Charles Towsley, Seaport Director, said the Port of Miami was part of a series of six ports nationwide, that were involved with the potential sale of Peninsular and Oriental (P&O) Steam Navigation Company to Dubai Ports World. He noted there were differences between each port as to how the proposed sale might or might not affect the security of that respective port. Mr. Towsley acknowledged the presence of Mr. Steven Erick (phonetic), Attorney, Port of Miami Terminal Operating Company (POMTOC) who would respond to any legal, corporate questions. He provided an overview of POMTOC and noted it was misrepresented in the media nationally that there would be some foreign control of security being taken over at the Port of Miami. Mr. Towsley said based upon the pending transaction, there would not be a transfer of control and P&O Ports did not have employees working on the terminal which would then be replaced by Dubai employees. Responding to questions from Commissioner Heyman, Mr. Towsley said currently, P&O Ports as a shareholder in POMTOC did not have security control over the Port of Miami. Commissioner Gimenez spoke in support of the foregoing proposed resolution. He noted he would meet with Mr. Towsley to discuss this issue further. Chairman Martinez noted the Board would vote on the proposed resolution on Thursday, February 23rd, however, it was being discussed because Commissioner Diaz would not be present on Thursday. Vice-Chairman Moss said when members of the Congressional Delegation expressed concerns regarding an issue, he was also concerned. (See February 23, 2006 Board meeting, Legistar Meeting Key No. 2022).

County Attorney 2/21/2006 Assigned Steven B. Bass

Legislative Text


TITLE
RESOLUTION URGING THE U.S. CONGRESS TO HOLD HEARINGS TO DETERMINE WHETHER THE SECURITY OF THE DANTE B. FASCELL PORT OF MIAMI-DADE AND OTHER U.S. PORTS WILL BE UNDERMINED BY THE SALE OF PENINSULAR AND ORIENTAL STEAM NAVIGATION COMPANY TO DUBAI PORTS WORLD, AND ALSO TO INCREASE FEDERAL FUNDING TO DEEP WATER PORTS FOR PURPOSES OF COMPLYING WITH POST-9/11 SEAPORT SECURITY REQUIREMENTS

BODY
WHEREAS, the British firm Peninsular and Oriental Steam Navigation Company (P & O), with the approval of the Bush administration, has been sold to the government-owned Dubai Ports World of the United Arab Emirates (UAE); and
WHEREAS, the $6.8 billion sale gives the UAE company a substantial role in the terminal operations at six major ports in this country, including the Dante B. Fascell Port of Miami-Dade; and
WHEREAS, homeland security experts have long identified seaports as targets for potential terrorist attack and the Port of Miami-Dade has been considered a particular target given its size and location; and
WHEREAS, the UAE is a U.S. ally, but also served as a base for some of the hijackers involved in the 9/11 attacks; and
WHEREAS, the acquisition of P & O by an UAE controlled company may cause the Port of Miami-Dade to incur additional security related costs; and
WHEREAS, these additional security expenses will be necessitated by the Port's mandatory compliance with numerous federal security mandates, the costs of which are predominantly unfunded by the federal government; and
WHEREAS, maintaining security at the Dante B. Fascell Port of Miami-Dade and other U.S. ports is of primary importance,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the U.S. Congress to hold hearings to determine whether the security of the Port of Miami-Dade and other U.S. ports will be undermined by the sale of P & O to Dubai Ports World.
Section 2. Urges the U.S. Congress to increase federal funding to deep-water ports, like the Port of Miami-Dade, for the purpose of funding compliance with post 9/11 federal security requirements.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Miami-Dade County Congressional Delegation and the U.S. Secretary of Homeland Security.



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