Legislative Matter

Miami-Dade Legislative Item
File Number: 082934

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Clerk's Official Copy

File Number: 082934

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-127

Control: Board of County Commissioners

File Name: AMEND BCC RULES RELATING TO VIZCAYA FEE WAIVERS

Introduced: 10/10/2008

Requester: NONE

Cost:

Final Action: 11/20/2008

Agenda Date: 11/20/2008

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING CRITERIA FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER WHEN GRANTING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 082353]

Indexes:	COUNTY COMMISSION RULES
	FEE WAIVER
	VIZCAYA

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dorrin D. Rolle, 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	11/20/2008	7A	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. In response to Commissioner Seijas’ request for clarification, Assistant County Attorney Thomas Logue advised that the intent of this ordinance was to add criteria governing the Board’s decision-making process on when to grant fee waivers at the Vizcaya Museum and Gardens. Commissioner Sosa noted her concerns that this proposal failed to provide a method for verifying an organization’s prior attempts to locate public or private funds; placed restrictions on granting fee waivers to events that raised funds; and allowed waivers granted “once every two years.” Mr. Joel Hoffman, Executive Director, Vizcaya Museum and Gardens, responded to Commissioner Martinez’ inquiry on the wide array of fees waived for different entities and noted the different numbers pertained to the size of the individual events. Commissioner Martinez concurred with Commissioner Sosa’s concern regarding the criteria prohibiting waivers to events that raised funds, and recommended that language be revisited. Commissioner Seijas expressed her concerns that some of the organizations listed in the Supplement to the foregoing proposed resolution should not be granted fee waivers and indicated the criteria needed to be tweaked. Commissioner Sorenson spoke in support of the proposed criteria and noted she felt it was reasonable; adding that she felt this facility should be reserved for international or other special events. Discussion ensued between Commissioner Diaz and staff regarding a comparison between the criteria for commissioners’ versus the County Manager’s decision-making ability, as it pertained to fee waivers or reductions. Assistant County Attorney Logue clarified that the language “…prohibiting fundraising events by the Manager…” applied to both reductions and fee waivers. There being no further questions or comments, the Board voted on the foregoing proposed ordinance as presented.

County Attorney	10/10/2008		Assigned	Thomas W. Logue

Recreation & Cultural Affairs Committee	10/10/2008	3A Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Wifredo Ferrer read the foregoing proposed ordinance into the record. Chairman Souto announced that the foregoing proposed ordinance was open for public participation. Ms. Cathy Jones, Chair, Vizcaya Museum and Gardens Trust (Trust), One Grove Island Drive, appeared before the Committee in support of the foregoing proposed ordinance. She expressed appreciation to Commissioner Rolle for appointing her to the Trust, and to the County Commission for its support of the Vizcaya Museum and Gardens. Ms. Jones said this proposed ordinance clearly demonstrated the Commission’s leadership role to support common goals. She referenced the initial ordinance regarding fee waivers for the use of Vizcaya Museum and Gardens, and noted this ordinance was amended in March 2008 to change the requirements for Commission sponsored waivers from a unanimous vote to a two-thirds vote of the County Commission. Ms. Jones said at that time, Commissioner Diaz committed to introducing the proposed amendment before the Committee today. She noted this proposed ordinance, co-sponsored by Commissioner Edmonson, was unanimously supported by the members of the Vizcaya Museum and Gardens Trust. Miami-Dade County Commissioner Jose “Pepe” Diaz, sponsor, 8345 NW 12th Street, appeared before the Committee in support of the foregoing proposed ordinance. Following discussion between the Committee members and Commissioner Diaz regarding events that were held annually, such as the International Conference of Mayors, Commissioner Edmonson suggested the foregoing proposed ordinance be amended to exempt the International Conference of Mayors. Commissioner Diaz recommended that Commissioner Edmonson’s proposed amendment include any event that was significant to the County by approval of a majority vote of the County Commission. Commissioner Rolle asked to be listed as a co-sponsor to the foregoing proposed ordinance. In response to Commissioner Edmonson’s inquiry regarding the wording of the proposed amendment, Assistant County Attorney Thomas Logue noted the word “generally” could be inserted in criteria iv. to read as follows: “Fee waivers and reductions shall not generally be granted to an organization more than once every two years …” or this criteria could be eliminated. Responding to Commissioner Jordan’s inquiry regarding the previous policy and any potential expenditure ramifications for staffing, Assistant County Manager Alex Munoz said no current policy existed in terms of the two-year exemption. He noted organizations utilizing Vizcaya Museum and Gardens were required to pay for staffing. Commissioner Jordan asked to be listed as a co-sponsor to the foregoing proposed ordinance. Assistant County Attorney Logue noted a scrivener’s error existed in the foregoing proposed ordinance and the word “or” in the third line of criteria vi. should be deleted. Following discussion and pursuant to Commissioner Diaz’ request, the Committee amended the foregoing proposed ordinance to provide that fee waivers and reductions may be granted at the discretion of the County Commission to an organization more than once every two years. Hearing no further comments or questions, the public hearing was closed, and the Committee proceeded to vote on the foregoing a ordinance as amended.

Legislative Text

TITLE
ORDINANCE AMENDING RULE 9.03 OF SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, PROVIDING CRITERIA FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER WHEN GRANTING FEE WAIVERS FOR USE OF VIZCAYA MUSEUM AND GARDENS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners has adopted Rule 9.03 to protect the budget of Vizcaya Museum and Gardens by requiring a public hearing and a super-majority vote in order for the Board to grant a fee waiver or reduction; and
WHEREAS, the adoption of specific criteria to govern the Board�s discretion to grant fee waivers or reductions would serve to make the process more fair and transparent, limit the potential for over-use of this provision, and protect an important funding source for Vizcaya Museum and Gardens,
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 two-thirds (2/3rd) 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. >>The following criteria shall govern the grant of a fee waiver or reduction:

i. Fee waivers and reductions shall be granted only to major cultural, diplomatic, international, military, or other events or conferences involving heads-of-state or other similar individuals that will enhance the visibility of the County as a place to live, work, visit, or invest.

ii. No fee waivers or reductions shall be granted for events whose purpose is, in whole or in part, to raise funds.

iii. Fee waivers and reductions shall be granted only to not-for-profit or governmental organizations, and not to private individuals or for-profit organizations.

iv. Fee waivers and reductions may be granted at the discretion of the Board to an organization more than once every two years, but the Board recognizes that repeat events should generally not be based on recurrent complimentary use of this fragile facility.

v. Organizations that are offered fee waivers and reductions shall comply with all Vizcaya Museum and Gardens facility rental rules and regulations and shall sign and be bound by the facility rental agreement, except for the provisions regarding rental fee payment and deposit.

vi. All direct costs that result from the organization�s event shall be payable by the organization directly to Vizcaya Museum and Gardens, including but not limited to tent or equipment rental, hire of police and cleanup crew, and costs of any damages or cleanup by County staff or outside vendors, unless the resolution granting the fee waiver and reduction states that the County will pay such costs to Vizcaya Museum and Gardens.

vii. Organizations requesting a fee waiver or reduction should first attempt to find other public or private ways to fund the Vizcaya fee.<<

(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.

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.