Legislative Matter

Miami-Dade Legislative Item
File Number: 073262

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Clerk's Official Copy

File Number: 073262

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1276-07

Control: Board of County Commissioners

File Name: GOB'S PROJECT #305 FIU AMBULATORY CARE CENTER

Introduced: 11/1/2007

Requester: NONE

Cost:

Final Action: 12/4/2007

Agenda Date: 12/4/2007

Agenda Item Number: 5E

Notes:

Title:

RESOLUTION APPROVING SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 305 - ''PRIMARY HEALTH CARE FACILITIES,'' AS IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-916-04, TO INCREASE ALLOCATION BY $10 MILLION TO BE FUNDED FROM INTEREST EARNINGS GENERATED FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, SERIES 2005 AFTER A PUBLIC HEARING; AND APPROVING ALLOCATION OF SUCH $10 MILLION TO FLORIDA INTERNATIONAL UNIVERSITY COLLEGE OF MEDICINE AMBULATORY CARE CENTER

Indexes:
	BUILDING BETTER COMMUNITIES
	FLORIDA INTERNATIONAL UNIVERSITY (FIU)
	GOB

Sponsors:	Joe A. Martinez, Prime Sponsor
	Jose "Pepe" Diaz, 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	12/4/2007	5E	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Mr. Modesto Maidique, President, Florida International University (FIU), explained FIU’s new public medical school involved many parts, and this proposed resolution would provide funding for the Ambulatory Primary Care Facility. The public hearing was opened. It was closed after no one appeared in response to Chairman Barreiro’s call for persons wishing to be heard. Chairman Barreiro emphasized FIU was a community university and the FIU medical school would be good for the County and the surrounding municipalities. It was moved by Commissioner Martinez that this proposed resolution be adopted. This motion was seconded by Commissioner Diaz. Commissioner Edmonson noted she spoke with Mr. Maidique after voting “No” to this item in Committee, and explained she had reconsidered her position and would support this proposed resolution. She pointed out the County needed a process for distributing General Obligation Bond (GOB) interest earnings. Commissioner Rolle pointed out he had been requesting the County establish a process for the use of GOB interest earnings since 2005, when the County Commission approved funds for a medical facility in Miami Beach. He expressed concern that he was not apprised regarding the availability of the $20 million in GOB interest earnings. He suggested a simple process that would apprise all 13 commissioners the funds were available and would explain how the funds would be disseminated. Responding to Commissioner Rolle’s inquiry concerning the remaining balance of the GOB interest earnings, County Manager Burgess noted the remaining balance was approximately $15 million before the $2-3 million administrative cost coverage. He pointed out the County Administration was discussing how to add more structure to the process for using GOB interest earnings. He explained Ordinance 05-47, included a process that required any unspent allocation or surplus funds to be reviewed by the Citizens Advisory Committee (CAC) and the County Commission before they were allocated. Responding to Commissioner Rolle’s request for clarification concerning how the unspent allocation or surplus funds would be reviewed by the CAC and County Commission, County Manager Burgess explained the unspent allocation or surplus funds would go through as a resolution for the use of the funds on a proposed project. Commissioner Rolle clarified he did not oppose the FIU Medical School Ambulatory Primary Care Facility. He emphasized the County needed to establish a process that apprised all commissioners at the same time of available funds and provided commissioners an equal opportunity to propose uses for those funds on specific projects. County Manager Burgess noted the idea of surplus funds in the GOB program was presumptuous. He pointed out project costs would increase over time. He explained he preferred to preserve the interest earnings for existing needs in the GOB program. County Manager Burgess noted the more structured process could include advising the Commission on the status of interest earnings. Following further discussion between Commissioner Rolle and County Manger Burgess related to Commissioner Rolle’s concerns and the more structured process, Chairman Barreiro spoke in support of establishing a process for apprising the Commission of unspent allocations or surplus funds for the GOB program and the entire County budget. Commissioner Sosa spoke in support of preparing a resolution that established a process for GOB interest earnings, and surtax funds to be divided equally in each Commission District. She emphasized the FIU medical school would benefit the community. Commissioner Jordan expressed concern regarding the process for allocating any unused or surplus GOB funds. She spoke in opposition to Commissioner Sosa’s comment to prepare a resolution that would divide resources equally among each Commission District. She pointed out all Commission Districts were not alike, otherwise no district would have poverty; the resolution should consider District needs. Commissioner Jordan noted she was willing to co-sponsor a resolution under the Chair’s sponsorship that directed the County Administration to present a process for expenditure of funds in all eligible interest bearing County accounts. Following adoption of a process, the County Commission could recommend projects for funding from all revenue generating accounts, and decide what projects should be supported, Commissioner Jordan clarified. Regarding Commissioner Jordan’s comments, County Attorney Cuevas advised Commissioner Martinez had made a similar request on this issue and Commissioner Jordan could be listed as a co-sponsor. Following further comments by Commissioner Jordan, Commissioner Sorenson requested Ms. Robin Reiter, Chairwoman, Building Better Communities (BBC) GOB CAC, address the Commission on this issue. Ms. Reiter noted this proposed resolution came before the BBC GOB CAC, and much of CAC’s discussion related to the absence of an existing policy for spending GOB interest earnings. She pointed out CAC always wanted GOB interest earnings to stay in the GOB program to fund projects approved by voters. Nevertheless, CAC passed this proposed resolution 9-4, with two members representing FIU abstaining, she noted. Ms. Reiter explained CAC members determined they would not discuss using GOB interest earnings again until the County Manager implemented a process that CAC reviewed and the County Commission and the Mayor approved. She emphasized the GOB program would not have sufficient funds to complete all of the projects. Ms. Reiter clarified the $8 million Commissioner Rolle referenced for the Miami Beach health clinic in 2005 came from the ballot question approved by the voters, and were not excess funds. Responding to Commissioner Sorenson’s inquiry concerning the remaining balance of the GOB interest earnings if this proposed resolution was adopted, County Manager Burgess estimated $5 million would remain. Commissioner Sorenson asked the County Manager to provide the County Commission an analysis of the expected cost overruns for all projects in the BBC GOB. County Manager Burgess pointed out the County could not hold bond sales to accumulate interest for the 17 year life of the GOB program; the County had to spend the interest within a two to three year period. He suggested the County Administration provide quarterly reports regarding ongoing projects that needed additional funding. Responding to Commissioner Sorenson’s request for clarification of the FIU Ambulatory Care Center’s functions, Mr. Modesto Maidique pointed out FIU’s primary clinical site would operate out of Jackson Memorial Hospital North in Commission District 2. He noted Mr. Marvin O’Quinn, President, Public Health Trust, supported the FIU Medical School. Mr. Maidique explained that through affiliation agreements with Mount Sinai Hospital, Jackson Memorial Hospital, and Jackson Memorial Hospital North, as well as the FIU main campus in West Miami-Dade County, the FIU Medical School was not isolated to one Commission District. In response to Commissioner Sorenson’s question concerning how FIU would leverage the $10 million in this proposed resolution, Mr. Maidique explained FIU would leverage this $10 million as part of a $51 million dollar outpatient center on the FIU main campus. He emphasized public and private funding support of the FIU medical school was critical. Responding to Commissioner Gimenez’s inquiry concerning a Bond Counsel opinion related to the County using the sum of the interest from all eight GOB accounts, Assistant County Attorney Geri Bonzon-Keenan advised the Bond Counsel had verbally confirmed the County could create a lump sum of the interest. Commissioner Gimenez asked Assistant County Attorney Bonzon-Keenan to provide him with a written copy of the Bond Counsel’s opinion that the County could create a lump sum of the interest earned from all BBC GOB accounts. Commissioner Moss asked the County Attorney to prepare legislation that would ensure that any interest earned from BBC GOB funds would be used for the projects approved by the voters. Following further comments by Commissioner Rolle emphasizing his concern regarding the lack of a process for GOB interest earnings, the Commission proceeded to vote.

Governmental Operations and Environment Committee	11/13/2007	3H	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed resolution was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Commissioner Rolle noted some years ago, when the bond series was approved, a project was approved in Miami Beach using some of the interest earned and he had asked at that time that a process be established concerning the use of earned interest. He noted he was not opposed to the foregoing proposed resolution, but concerned that no process had been developed. He asked staff when the County Manager planned to bring back a process on what to do with the earned interest. Commissioner Rolle noted some projects in District #2 had been delayed and he believed a process was needed to deal with projects promised to other districts. Chairwoman Seijas concurred with Commissioner Rolle’s comments. She asked whether it would be appropriate for the Committee to direct staff to come back, no later than January, with a process for future earned interest, or to make that request in the form of a motion. Commissioner Gimenez noted one way to develop a process would be to sponsor a resolution asking staff to come back with a process. He noted eight separate ballot questions were approved regarding the bond program, and his primary concern was the use of earned interest. He also noted it appeared the pooled earned interest from the bond series of each question should be applied to projects related to that question, and asked for a legal opinion. Assistant County Attorney Gerald Heffernan noted he would confer with the bond council and do an analysis to ensure that was appropriate, as well as check the policy procedures on how to provide interest earnings. He noted the construction fund was a combined fund and the interest earned was on the entire fund. He noted that no legal requirement existed to designate the funds to a specific question; however, there might be a policy issue. Commissioner Gimenez stated he wanted to ensure that what was done was legal. Commissioner Edmonson concurred with the comments of Commissioner Rolle, and noted she would like to see a process as well. Chairwoman Seijas opened the floor to allow Commissioner Martinez to recognize the president of FIU. Mr. Modesto Maidique, President, FIU, appeared before the Committee and expressed appreciation to Committee members for their support. He noted with the support of the County, the proposal to eliminate the funds for FIU’s College of Medicine failed and the medical school was not cut from the State’s budget. He noted FIU had exceeded its 38,000 student enrollment this year and was the 15th largest University in the Country in terms of enrollment. He noted FIU was the County’s university, which graduated upwards of 7,500 students per year, and more Bachelor, Masters and PHD degrees than any other university or four-year college in Miami-Dade County. Mr. Maidique noted he experienced many obstacles in trying to help FIU achieve programs for Engineering, Architect, Law and Medicine. He announced that all these programs were now running and expressed hope that FIU would continue to grow. Regarding the medical school, Mr. Maidique noted FIU’s College of Medicine attracted one of America’s foremost Health Care Administrators, whose background included Chancellor of Health Science at Louisiana State University and a Director of Charity Hospital in New Orleans. Also, an expert in research on Geriatrics from John Hopkins had joined the school’s faculty, as well as others from all areas to the medical field. Mr. Maidique noted FIU provided an 800-page document for preliminary accreditation to the Accreditation Commission, who would arrive within two weeks and make their recommendation in February. He expressed confidence that FIU’s medical program would be accredited. Mr. Maidique stated FIU began an aggressive fund raising program this year and had raised approximately $8 million per month. He also noted that FIU signed agreements with Jackson Hospital North, Mount Sinai, and Miami Children’s Hospital; and persuaded the Public Health Trust (PHT) to partner with them in a commitment to build a new building in the northeast quadrant of FIU’s campus. He described plans to dedicate the four floors of the new building and noted this would be one of only two accredited Public Health programs in the State of Florida. Mr. Maidique stated Mr. Marvin O’Quinn, President of Jackson Health Trust, was asked to provide his guidance and support for the proposed Ambulatory Primary Care Facility on FIU’s campus. Mr. Maidique read into the record, a letter from Mr. O’Quinn in support of the request. Commissioner Rolle congratulated FIU on its accomplishments, but expressed concern with approving this without having a process in place, and excused himself from voting on this item. In response to Chairwoman Seijas’ request for clarification on how to proceed, Assistant County Attorney Bonzon-Keenan noted the Committee could request the County Attorney to prepare a resolution, as a committee item, directing the County Manager to develop a process for both interest earnings and premiums, using different funding; or request the County Manger to develop a process. Chairwoman Seijas noted she had asked County Attorney Cuevas to provide in writing the appropriate procedure for obtaining the process. She asked the County Attorney to provide specific instructions regarding the appropriate process for presentation at the December 11th Committee meeting. Assistant County Manager Susanne Torriente noted the County Manager was working on a recommendation regarding the process for presentation before the County Commission. Hearing no further discussion or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	11/1/2007		Assigned	Governmental Operations and Environment Committee	11/13/2007

County Attorney	11/1/2007		Assigned	Geri Bonzon-Keenan		11/1/2007

Legislative Text

TITLE
RESOLUTION APPROVING SIGNIFICANT MODIFICATION TO BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 305 - ''PRIMARY HEALTH CARE FACILITIES,'' AS IDENTIFIED IN APPENDIX A TO RESOLUTION NO. R-916-04, TO INCREASE ALLOCATION BY $10 MILLION TO BE FUNDED FROM INTEREST EARNINGS GENERATED FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BONDS, SERIES 2005 AFTER A PUBLIC HEARING; AND APPROVING ALLOCATION OF SUCH $10 MILLION TO FLORIDA INTERNATIONAL UNIVERSITY COLLEGE OF MEDICINE AMBULATORY CARE CENTER

BODY
WHEREAS, pursuant to Resolution No. R-916-04 (the ''Healthcare Facility Resolution''), the voters approved the issuance of general obligation bonds in a principal amount not to exceed $171,281,000 to construct and improve, among other things, emergency healthcare facilities to promote accessibility to quality healthcare services; and
WHEREAS, Appendix A to the Healthcare Facility Resolution lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the ''BBC Program'') by project number, municipal project location, BCC district, project name, project description, street address and project funding allocation; and
WHEREAS, one of the projects listed in Appendix A to the Healthcare Facility Resolution and approved by the voters for funding is Project No. 305 - ''Primary Health Care Facilities'' (''Project No. 305'') with an original allocation equal to $25 million and a project description that states: ''[i]ncrease the number of health care facilities in our community''; and
WHEREAS, all additions, deletions and significant modifications to individual projects or to Appendix A to the Healthcare Facility Resolution require a majority vote of the Board after a public hearing; and
WHEREAS, this Board wishes to approve a significant modification to Project No. 305 to increase the original allocation by $10 million which will be funded from interest earnings generated from Building Better Communities General Obligation Bonds, Series 2005 (the ''GOB Bonds''); and
WHEREAS, the Florida International University College of Medicine, as part of its Academic Health Sciences Master Plan, will construct an 18,000 square foot ambulatory care facility to be located at University Park which will consist of an Ambulatory Surgery Center and an Outpatient Diagnostic Center (the ''FIU Ambulatory Care Center''); and
WHEREAS, the FIU Ambulatory Care Center will be open to the general community for diagnosis, treatment and care; and
WHEREAS, this Board wishes to approve funding in an amount equal to $10 million from the interest earnings allocated to Project 305 to fund the development of the FIU Ambulatory Care Center,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board approves the significant modification to Project No. 305 to increase the allocation by $10 million which will be funded from interest earnings generated from the GOB Bonds. The column titled ''Allocation (000s)'' in Appendix A to the Healthcare Facility Resolution shall read ''$35,000 ($25,000 funded by bond proceeds and $10,000 funded from interest earnings)'' with respect to Project No. 305.
Section 3. This Board hereby finds that the FIU Ambulatory Care Center will increase the number of health care facilities in our community and, therefore, is eligible for funding from BBC Program Project No. 305. This Board hereby approves funding in an amount equal to $10,000,000 from the interest earnings portion of the $35,000,000 Allocation to Project No. 305.