Miami-Dade Legislative Item
File Number: 082143
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File Number: 082143 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Government Operations Committee
File Name: RESTRICTIONS ON SERVING WATER IN RESTAURANTS Introduced: 7/3/2008
Requester: NONE Cost: Final Action: 5/12/2009
Agenda Date: 7/17/2008 Agenda Item Number: 4B
Notes: 6 wk p.h./4 wk muni not.- ITEM FILED IN BCC FILE CABINET Title: ORDINANCE RELATING TO WATER CONSERVATION MEASURES; AMENDING SECTION 32-8.1 OF THE CODE OF MIAMI-DADE COUNTY; IMPOSING PERMANENT RESTRICTION ON SERVING WATER WITHOUT REQUEST IN RESTAURANTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: WATER SUPPLY
Sponsors: Sally A. Heyman, Prime 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

Government Operations Committee 5/12/2009 3D Withdrawn P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Gimenez opened the public hearing on the foregoing proposed ordinance, and seeing no one wishing to speak, the public hearing was closed. Commissioner Seijas asked why this item was before the Committee again for further consideration when its history reflected it failed 1-5 at the September 09, 2008 Governmental Operations and Environment Committee (GOEC) meeting. Assistant County Attorney Henry Gillman explained that a motion to forward this item to the County Commission failed and no further action was taken, but technically it should have been placed on the next committee agenda for action pursuant to the Committee rules and procedures. Responding to Commissioner Seijas’ comments regarding the announcement of Assistant County Attorney Bonzon-Keenan at that meeting that the action taken was “laid on the table,” Assistant County Attorney Henry Gillman explained there was no motion to table this item at the committee meeting. Responding to Chairman Gimenez’ question regarding whether an item could be brought back before the Committee after six months if a motion to forward it to the County Commission failed, Assistant County Attorney Henry Gillman explained that if a motion to forward an item to the County Commission failed at Committee and no further action was taken, the item should be placed on the next committee agenda for a proper motion. He noted if tabled, an item could not come back except as a new item. Responding to Chairman Gimenez’ question regarding the timeframe for bringing back a new item before Committee, Assistant County Attorney Bonzon-Keenan noted the timeframe was at least three months unless there was a waiver. She noted the foregoing proposed ordinance was a new item. It was moved by Commissioner Sosa that the foregoing proposed ordinance be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Gimenez for a discussion. Commissioner Heyman noted she reviewed the history and minutes pertaining to this item, which revealed Commissioner Gimenez saying he would prefer that this matter remain as a business decision until the County imposed more water restrictions. She also noted that rather than wait for another County mandate on water restrictions, she awaited the appropriate timeframe to propose a new ordinance, and in the interim, reached out to restaurant associations, which supported implementing water restrictions that required restaurants to serve water only upon request as an ongoing standard practice. She indicated this was being carried out by some hotels and restaurants now, and asked the Committee to favorably support this ordinance as a standard practice for conserving water. Commissioner Sosa noted restaurants such as Joe’s Stone Crab were already practicing the standard of serving water to customers upon request only. She stated she would support this in an abundance of caution to help conserve water. Commissioner Martinez noted he was the only committee member who supported this ordinance last September and agreed with its intent; however, after giving it more thought, he could no longer support this ordinance because he felt that government interference in private businesses would violate his principles and the practice of serving water upon request only should be a business decision. Commissioner Seijas noted although she admired Joe’s Stone Crab restaurant for taking the initiative in this practice, she could not support county government imposing permanent water restrictions on restaurants serving water because she felt it would be too punitive and the practice should be optional. She suggested the County and other organizations such as the Visitors Convention Bureau make a bigger effort in educating restaurants on this issue. She reminded Committee members of two agenda items on today’s agenda with projects that would not happen because the County was successful at conserving water. She said she agreed with the intent of this ordinance, but could not support it. Commissioner Sosa asked if this ordinance could be amended to insert the language “asking restaurants to self-impose restrictions to conserve water” and delete the words “imposing permanent restrictions” in an effort to educate restaurants on the need to conserve water. Commissioner Heyman noted she accepted the amendment proposed by Commissioner Sosa, and could support asking restaurants to post signs that stated water would be served upon request only, in an effort to get people involved in water/energy conservation. She also noted she welcomed a dialogue before the Board of County Commissioners on meeting green standards and protecting water resources, as was done by the State of Florida and other regions. Chairman Gimenez asked Assistant County Attorney Gillman to rephrase the amendment. Assistant County Attorney Gillman advised he believed it would be appropriate to prepare a resolution, as opposed to an ordinance, asking restaurants to voluntarily comply with posting signs that stated they would serve water upon request only, and noted he would prepare the resolution. Chairman Gimenez concurred with Commissioner Martinez’ position regarding government interference and the intent of this ordinance, but stated he preferred an educational campaign be implemented that would teach businesses about the need to conserve water rather than impose a mandatory water restriction, which he felt should be a business decision. He noted he would support a resolution to that effect, but would not support the foregoing ordinance. Following comments by Commissioner Heyman, Assistant County Attorney Gillman advised he would prepare a resolution asking restaurants to post signs that state water would be served upon request only, and bring it back before the Committee for consideration, but the Committee needed to take action on the foregoing ordinance. Following a discussion among Committee members regarding committee rules and procedures and the appropriate motion for preventing this ordinance from coming before the Committee again, the Committee proceeded to vote on a motion to withdraw the ordinance, as requested by Commissioner Heyman.

County Attorney 4/20/2009 Referred Government Operations Committee 5/12/2009

Government Operations Committee 4/14/2009 3A Forwarded to the BCC by BCC Chairperson due to lack of a quorum

County Attorney 4/1/2009 Referred Government Operations Committee 4/14/2009

Governmental Operations and Environment Committee 9/9/2008 3E Forwarded to BCC with a favorable recommendation F
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Seijas opened the public hearing on the foregoing ordinance, and seeing no one wishing to speak in connection with this ordinance, the public hearing was closed. It was moved by Commissioner Martinez that this resolution be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Edmonson, followed by a discussion. Chairwoman Seijas noted she opposed this ordinance because she felt that imposing permanent restrictions on restaurant owners was too punitive. She noted the County currently promoted a Green Restaurants Program that suggested restaurants serve customers water only upon the customer’s request. She also noted she did not agree with the fiscal impact described in this ordinance, for which she felt was written incorrectly. Commissioner Diaz agreed with Chairwoman Seijas’ statements concerning a mandate imposed on restaurants. He noted he was supportive of the Green Restaurants program and of asking a business owner to serve water only upon request, but felt the business entities should be given the right to decide. He pointed out the County’s dependence on tourism and stated that most restaurants already ask before serving water. Commissioner Diaz noted he would not support a mandate, and would not support this ordinance. Commissioner Martinez noted he saw this ordinance as a negative only to the County, and not an imposition on the restaurants because the County would receive less revenue. He noted restaurants would save water by serving water upon request, and he spoke in support of this ordinance. Chairwoman Seijas asked for clarification on the fiscal impact of this ordinance related to water conservation measures. Mr. John Renfrow, Director, Water and Sewer Department, noted it was impossible to determine the financial impact, but noted any restaurant participating in the Green Restaurants Program could receive a 100 gallon per day credit. Commissioner Gimenez questioned the number of restaurants in Miami-Dade County, and whether the 100 gallon per day credit per restaurant was a net effect and the reason for decreased revenues. Mr. Renfrow noted he was unaware of the exact number of restaurants in the County, but noted less water would be consumed if less water was being served; however, he could not quantify it. He noted the factor given by the Water Management District was a credit of 100 gallons per day per restaurant for those restaurants participating in the Green Restaurants program. In response to Commissioner Gimenez’ question of whether the County was experiencing problems in terms of water, Mr. Renfrow replied no. Commissioner Gimenez noted until the County imposed more water restrictions, he would prefer this matter to remain a business decision. Chairwoman Seijas pointed out that the Green Restaurants program consisted of many more rules than what applied to serving water at restaurant tables. Hearing no further comments or questions, the Committee proceeded to vote.

Board of County Commissioners 7/22/2008 Municipalities notified of public hearing Governmental Operations and Environment Committee 9/9/2008 7/17/2008

Board of County Commissioners 7/17/2008 Tentatively scheduled for a public hearing Governmental Operations and Environment Committee 9/9/2008

Board of County Commissioners 7/17/2008 4B Adopted on first reading 9/9/2008 P
REPORT: The Board adopted the foregoing proposed ordinance on first reading and scheduled the public hearing before the September 9, 2008, Governmental Operation and Environment Committee, at 9:30 a.m.

Board of County Commissioners 7/3/2008 Requires Municipal Notification Governmental Operations and Environment Committee 9/9/2008

County Attorney 7/3/2008 Referred Governmental Operations and Environment Committee 9/9/2008

County Attorney 7/3/2008 Assigned Henry N. Gillman

Legislative Text


TITLE
ORDINANCE RELATING TO WATER CONSERVATION MEASURES; AMENDING SECTION 32-8.1 OF THE CODE OF MIAMI-DADE COUNTY; IMPOSING PERMANENT RESTRICTION ON SERVING WATER IN RESTAURANTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 32-8.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows1
Sec. 32-8.1. Water shortage emergency restrictions.
* * *
32-8.1 (e) Declaration of water shortage condition; water shortage emergency. The declaration of a water shortage condition or water shortage emergency within all or any part of Miami-Dade County by the governing Board of the District or the Executive Director of the District shall invoke the provisions of this section, During such water shortage emergency or water shortage condition, all water use restrictions or other measures adopted by the District applicable to Miami-Dade County, or any portion thereof, shall be subject to enforcement action pursuant to this section. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereof, shall be a violation of this section.

Notwithstanding any provision of this Code, the following shall be prohibited in Miami-Dade County upon declaration of a water shortage condition or water shortage emergency by the governing Board of the District or the Executive Director of the District:

(1) Serving of water from any public or private well, water supply or distribution system to any customer of a restaurant unless specifically requested by the customer. >>This water conservation measure shall permanently remain in effect regardless of whether there is a declared water shortage condition or water shortage emergency.<<

(2) Operation of outdoor fountains or outside aesthetic facilities whose purpose is strictly ornamental or decorative.

(3) Pressure cleaning of impervious services, except for the preparation of surfaces for painting, sealing or waterproofing, or for safety, sanitation, health or medical purposes.

>>Except as otherwise provided above,<< these restrictions shall remain in effect for the duration of the declared water shortage condition or water shortage emergency.

* * *
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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