Legislative Matter

Miami-Dade Legislative Item
File Number: 080111

Printable PDF Format

Clerk's Official Copy

File Number: 080111

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 08-23

Control: Board of County Commissioners

File Name: AMEND RULE 9.03 SEC. 2-1 GOVERNING FEE WAIVERS FOR VIZCAYA

Introduced: 1/8/2008

Requester: NONE

Cost:

Final Action: 3/4/2008

Agenda Date: 3/4/2008

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE RULES GOVERNING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	VIZCAYA
	WAIVER OF PAYMENT
	AMENDING CODE

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Rebeca Sosa, Co-Sponsor
	Sen. Javier D. Souto, 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	3/4/2008	7A	Adopted				P
REPORT:	Commissioner Heyman noted that she supported opening Vizcaya to everyone, however, she noted Vizcaya was different from parks because it was a museum and was the only location within the City of Miami that was on the National Historical Museum Registry. She pointed out that Vizcaya was a museum first and foremost and said that she did not want it to become an event venue. Commissioner Edmonson expressed concern regarding events being held at Vizcaya. She stated that Vizcaya was a historical park and noted that she did not support this proposed ordinance. Commissioner Gimenez said he felt the 2/3 vote requirement in this proposed ordinance was significant and was a good way to prevent frivolous events from being held at Vizcaya. Commissioner Sosa noted that Vizcaya was an important trademark of Miami-Dade County and that Vizcaya was the perfect place to invite others to come and invest in the county. She noted that this did not mean free parties for anyone, rather it meant no one commissioner had absolute power, and that if one commissioner was unhappy with an event that would promote the county they could vote against it. Commissioner Moss said he supported this proposed ordinance; however, if any abuse appeared in the future he would support the unanimous vote. He suggested that guidelines be established by the commission to identify which events merited use of Vizcaya. Commissioner Souto suggested amending this proposed ordinance to forward the types of events proposed to the Recreation & Cultural Affairs committee for review. Commissioner Jordan stated that she supported this proposed ordinance and suggested that the sponsor forward an amendment regarding criteria for events held at Vizcaya. She noted that she watch for abuse of this ordinance. Commissioner Diaz asked Assistant County Attorney Ferrer to prepare a new resolution that added criteria to identify the intent of organizations and the types of events to be held at Vizcaya Museum and Gardens. Discussion ensued regarding whether requiring a 2/3 vote was fair and if it constituted absolute power. Commissioner Gimenez noted that everyone had concerns regarding abuse and that requiring an 80% vote of commissioners present would not allow anyone absolute power while making it difficult to grant the waivers. Commissioner Diaz expressed concern that requiring an 80% would set precedence in one particular community. In response to Commissioner Diaz’s concern regarding the 80% vote requirement, Commissioner Gimenez said that precedence had already been set by making it a unanimous vote. He stated he felt 80% was a larger benchmark that would protect Vizcaya. Commissioner Gimenez asked that the 80% be reconsidered. Chairman Barreiro said he was concerned with the criteria and usage of Vizcaya. Commissioner Seijas noted that she supported of the foregoing ordinance and stated that it should be either a 2/3 vote or the suggested 80%. Hearing no other questions or comments, the Commission proceeded to vote.

Recreation & Cultural Affairs Committee	2/11/2008	1E1	Forwarded to BCC without a recommendation				P
REPORT:	Assistant County Attorney Ferrer read the forgoing ordinance into the record. Chairman Souto opened the public hearing on the foregoing proposed ordinance. Mr. Jeffery Rynor, Chairman, Vizcaya Trust and Gardens, provided a brief explanation regarding fee waivers for the use of Vizcaya Museum and Gardens, in which he noted the fee waiver under the committee’s consideration was an issue that had been at the forefront of Vizcaya due to the American Association of Museums’ (AAM) performance review of Vizcaya for purposes of accreditation. He noted in the mid 1990’s, approximately 200 events were held at Vizcaya; however, that number had declined to a little over 100 today. The number of events held at the Museum was one of the criteria that AAM considered in terms of how the Museum (Vizcaya) was preserved, and the primary aim of the fee waiver was to ensure that Vizcaya was accessible to the public and the County and to ensure that the use of this facility was leveraged to maintain the beauty and integrity of the Museum. Mr. Jorge Luis Lopez and Ms. Mireille Chancy Gonzalez, Board Members, Vizcaya Trust and Gardens, appeared before the Committee and noted that the Vizcaya Trust and Gardens Board members supported the foregoing proposed ordinance. There being no other persons to appear in connection with this ordinance, the public hearing was closed. Commissioner Sorenson noted she had some concerns regarding this proposed ordinance as written and suggested it be amended to change the language contained within Section 2-1(a) to delete the following language: “reducing the voting requirement from a unanimous to two-thirds (2/3) of the members present” and replace it with “the supermajority of those in office.” Commissioner Edmonson suggested this proposed ordinance be forwarded to the Board as written, without a recommendation. Vice Chairman Moss concurred with Commissioner Edmonson’s suggestion, noting that Vizcaya was not an exclusive place or a party hall, but it was a special place. Hearing no further comments the committee proceeded to vote.

Board of County Commissioners	1/22/2008		Tentatively scheduled for a public hearing	Recreation & Cultural Affairs Committee	2/11/2008

Board of County Commissioners	1/22/2008	4A	Adopted on first reading		2/11/2008		P
REPORT:	Commissioner Gimenez asked to be listed as a cosponsor of this proposed ordinance. The Board adopted the foregoing proposed ordinance on first reading and scheduled the public hearing before the February 11, 2008, Recreation and Cultural Affairs Committee, at 2:00 p.m.

County Attorney	1/8/2008		Assigned	Thomas W. Logue	1/8/2008

County Attorney	1/8/2008		Assigned	Recreation & Cultural Affairs Committee	2/11/2008

Legislative Text

TITLE
ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO THE RULES GOVERNING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, reducing the voting requirement from a unanimous to two-thirds (2/3) of the members present would continue to protect Vizcaya Museum and Gardens and make the granting of fee waivers for appropriate events less cumbersome; and
WHEREAS, this Board desires to clarify that this Rule only applies when any portion of the cost of the fee waiver will negatively impact Vizcaya Museum and Gardens� budget, and that the Rule does not apply when a private party is given a fee waiver and Vizcaya Museum and Gardens� budget is fully reimbursed from another appropriate County fund; and
WHEREAS, subsection (c) of the Rule is no longer necessary in light of the creation of the Vizcaya Museum and Gardens Trust in sections 2-1111 to 2-1122 of the Code of MiamiDade County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Rule 9.03 of section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-1. Rules of procedure of County Commission.

* * *

Rule 9.03 Fee reduction and waiver requests for the use of Vizcaya Museum and Gardens.

(a) All requests for fee reductions and waivers for the use of Vizcaya Museum and Gardens must be submitted to the board for review at a public hearing >>before the full Commission<<. Following the public hearing any such fee reductions and waivers will require a [[unanimous]] >>two-thirds (2/3) majority<< vote of the board members present. >>This Rule does not apply when Vizcaya Museum and Gardens� budget is fully reimbursed from another County fund for such fee reduction or waiver.<<

(b) Notwithstanding the previous paragraph (a), the County Manager shall be permitted to:

(1) Administratively reduce fees four (4) times during any calendar year and waive fees two (2) times during any calendar year for the use of Vizcaya Museum and Gardens for any nonfundraising events provided that those events are either diplomatic activities or events that benefit the entire citizenry of Miami-Dade County, and annually report the reductions and waiver to the Commission; and

(2) Waive fees for events sponsored by organizations which provide volunteer services to Vizcaya Museum and Gardens or raise funds and provide support for the maintenance of, and improvements to, Vizcaya Museum and Gardens.

[[(c) The Vizcayan Policy Committee shall submit an annual oral report to the Board of County Commissioners setting forth a summary of the activities of their organization during the preceding year.]]

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.