Miami-Dade Legislative Item
File Number: 061280
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File Number: 061280 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: County Commission
File Name: LIVING WAGE ORD.-IN-WAREHOUSE CARGO AT AVIATION FACILITIES Introduced: 5/2/2006
Requester: NONE Cost: Final Action:
Agenda Date: 10/10/2006 Agenda Item Number: 7E
Notes: SEE 063143 FOR FINAL VERSION AS ADPTED Title: ORDINANCE AMENDING SECTION 2-8.9 OF THE CODE OF MIAMI-DADE COUNTY (THE LIVING WAGE ORDINANCE) TO ADD IN-WAREHOUSE CARGO HANDLING AT MIAMI-DADE COUNTY AVIATION DEPARTMENT FACILITIES AS A COVERED SERVICE; AMENDING SECTION 2-8.9 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: LIVING WAGE
Sponsors: Natacha Seijas, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Katy Sorenson, 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 10/10/2006 7E Amended
REPORT: See Agenda Item 7E Amended; Legislative File No. 063143

Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006 2K Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairman Barreiro opened the public hearing. The following individuals appeared before the Committee in support of the foregoing proposed ordinance: .Mr. Kerry Waters (phonetic), 1425 N.W. 36 Street, Chair of the Living Wage Commission .Mr. Santiago Leon (phonetic), 11600 SW 69 Avenue Mr. Miguel Diaz de la Portilla appeared before the Committee in opposition to the foregoing proposed ordinance. A brief discussion ensued regarding who would pay for increases related to the living wage ordinance and the potential for airlines to contract in-house and pay employees less than the living wage. The following individuals also appeared before the Committee in opposition to the foregoing proposed ordinance: .Mr. Tony Romeo, 9100 S. Dadeland Boulevard .Mr. Gerard Ascu (phonetic), 9100 S. Dadeland Boulevard .Mr. Terrence Went (phonetic), 1701 NW 66 Avenue .Mr. Rafael Fernandez (phonetic), 650 Ocean Drive Chairman Barreiro closed the public hearing. Discussion ensued regarding economic balance, sustainable income for the workforce, the value of health insurance benefits and salary, exclusions from the living wage ordinance, industries contracting for services, the effect of minimum wage increases and the enactment of living wage ordinances on the number of employees, the issue of business profits, the exclusion of airlines, and initial exemption of warehouse cargo handlers. Commissioner Moss recognized Mr. Arthur Rosenberg, 3000 Biscayne Boulevard, Vice President of the Living Wage Commission, who appeared before the Committee and spoke about permittees performing services. In response to Commissioner Moss’s question regarding fiscal impact to service contractors Ms. Marsha Jackman, Department of Business Development Director made comments regarding permittees and handlers and noted it had been difficult for DBD to determine who to monitor. In response to Commissioner Moss’s question regarding the negative impact of the living wage ordinance, Ms. Jackman noted she had more experience with responsible wages, but to her knowledge, there were no businesses that closed because of the living and/or responsible wage. Commissioner Moss asked Ms. Jackman to evaluate the feasibility of tracking the Living Wage Ordinance’s impact on industries subject to the ordinance. Commissioner Moss asked the County Manager to consider whether the Aviation Department should work with the DBD to identify who should be monitored at the airport. Following discussion regarding extending living wages to airlines, health insurance benefits, a range of living wages, and unintended consequences on business, the Committee proceeded to vote on the foregoing proposed ordinance. Commissioner Moss asked staff to submit a more detailed analysis on the foregoing proposed ordinance before it was heard by the full County Commission. Commissioner Sorenson asked staff to submit an analysis on why airlines were initially exempted and steps that could be taken to “get them on board.”

County Attorney 7/14/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006

Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006 2I Deferred
REPORT: During consideration of changes to today's agenda, the foregoing proposed ordinance was deferred to no date certain.

County Attorney 6/7/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006

Board of County Commissioners 5/23/2006 Scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 6/15/2006

Board of County Commissioners 5/23/2006 4N Adopted on first reading 7/13/2006 P
REPORT: Commissioner Seijas requested that the public hearing before the Internal Management and Fiscal Responsibility Committee for the foregoing proposed ordinance be scheduled for July 13, 2006, at 2:00 p.m. instead of June 15, 2006. Hearing no objection, the foregoing proposed ordinance was adopted on first reading and set for first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on July 13, 2006, at 2:00 p.m.

County Attorney 5/16/2006 Referred Internal Mgmt. & Fiscal Responsibility Committee 6/15/2006

County Attorney 5/2/2006 Assigned Eric A. Rodriguez 5/2/2006

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-8.9 OF THE CODE OF MIAMI-DADE COUNTY (THE LIVING WAGE ORDINANCE) TO ADD IN-WAREHOUSE CARGO HANDLING AT MIAMI-DADE COUNTY AVIATION DEPARTMENT FACILITIES AS A COVERED SERVICE; AMENDING SECTION 2-8.9 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners on May 11, 1999, enacted Ordinance 99-44 establishing a Living Wage requirement for specified County service contracts, specified permittees and for County employees, which was codified in the County Code as Section 2-8.9 (“Living Wage Ordinance”); and
WHEREAS, the Board of County Commissioners in the Living Wage Ordinance established an advisory board known as the Living Wage Commission to make recommendations to the Board of County Commissioners regarding the effectiveness of the Living Wage Ordinance; and
WHEREAS, the Living Wage Ordinance includes ramp services such as loading and unloading cargo to and from aircraft at Miami-Dade Aviation Department (“MDAD”) facilities as a covered service; and
WHEREAS, since the loading and unloading of cargo to and from aircraft is already a covered service, it is advisable to add in-warehouse cargo handling as a specified covered service and thereby bring the warehouse portion of the cargo handling process within the ambit of the Living Wage Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-8.9 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
Sec. 2-8.9. Living Wage Ordinance For County Service Contracts and County Employees.

DEFINITIONS

* * *

(F) “Covered Services” are any one (1) of the following:
* * *
(2) Service Contractors at Aviation Department Facilities.
Any service provided by a Service Contractor at a Miami-Dade County Aviation Department Facility is a covered service without reference to any contract value:
* * *
>>( K) In-warehouse cargo handling<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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