Miami-Dade Legislative Item
File Number: 083073
Printable PDF Format Download Adobe Reader  

File Number: 083073 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: PROCEDURES FOR DISPOSITION OF SURPLUS PROPERTY Introduced: 10/27/2008
Requester: NONE Cost: Final Action:
Agenda Date: 11/20/2008 Agenda Item Number: 11A2
Notes: SEE #090081 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION INVOKING WAIVER PROVIDED BY ORDINANCE 05-114 OF PROCEDURES FOR DISPOSITION OF SURPLUS PROPERTY ON THE BASIS OF THE FINDING THAT AN EMERGENCY SITUATION EXISTS IN HAITI AND DIRECTING THE MAYOR OR HIS DESIGNEE TO DONATE SURPLUS EARTH-MOVING EQUIPMENT AND REPORT BACK TO THE BOARD IN FIFTEEN (15) DAYS [SEE ORIGINAL ITEM UNDER FILE NO. 082804]
Indexes: HAITIANS
Sponsors: Dorrin D. Rolle, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Audrey M. Edmonson, 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 11A2 Amended
REPORT: (See Agenda Item 11A2 Amended, Legislative File No. 090081)

County Attorney 10/27/2008 Assigned Eric A. Rodriguez

Budget and Finance Committee 10/14/2008 2H AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairman Martinez requested clarification regarding what provision of the County Code this proposed ordinance would waive. Assistant County Attorney Eric Rodriguez advised this proposed resolution would waive the provision that County surplus property was provided to commission districts on a first come first serve basis, as well as declare that an emergency situation existed. Chairman Martinez noted this proposed resolution would supersede any Commission request for surplus earth-moving equipment. In response to Commissioner Diaz’s question whether this proposed resolution included a Sunset provision for the waiver provided by Ordinance 05-114, Assistant County Attorney Eric Rodriguez advised this proposed resolution did not included a Sunset provision. Commissioner Sorenson questioned which entity in Haiti would receive the surplus earth-moving equipment. Assistant County Attorney Rodriguez advised the entity was yet to be determined. Responding to Commissioner Sosa’s inquiry regarding a definition to help the County Commission determine whether a situation was an emergency, Assistant County Attorney Rodriguez advised the language of Ordinance 05-114 provided the County Commission broad discretion to determine whether a situation was an emergency. Following further discussion regarding the impact of this proposed resolution, Commissioner Gimenez suggested this proposed resolution be amended to include a Sunset provision of three months from the effective date of this proposed resolution. Commissioner Sosa asked the General Services Administration Director to provide her with a status report on the process adopted by the County Commission for the distribution of tangible surplus property. She also asked that future legislation invoking the waiver provided by Ordinance 05-114 of procedures for disposition of surplus property on the basis of the finding that an emergency situation existed indicated the commission district that was next in line for surplus property. Hearing no other questions or comments, the Committee proceeded to vote on this proposed resolution as amended to include a Sunset provision of three months from the effective date of this proposed resolution.

Legislative Text


TITLE
RESOLUTION INVOKING WAIVER PROVIDED BY ORDINANCE 05-114 OF PROCEDURES FOR DISPOSITION OF SURPLUS PROPERTY ON THE BASIS OF THE FINDING THAT AN EMERGENCY SITUATION EXISTS IN HAITI AND DIRECTING THE MAYOR OR HIS DESIGNEE TO DONATE SURPLUS EARTH-MOVING EQUIPMENT AND REPORT BACK TO THE BOARD IN FIFTEEN (15) DAYS

BODY

WHEREAS, on June 7, 2005, the Board enacted Ordinance 05-114 to amend Section 2-11.2.1 of the Code of Miami-Dade County for the express purpose of waiving the procedures relating to the disposition of surplus property “in the event of an emergency situation outside of Miami-Dade County;” and
WHEREAS, in Haiti during the 2008 hurricane season four consecutive storms have left at least 425 people dead, tens of thousands homeless, and wiped out more than $180 million in crops; and
WHEREAS, information has been received from Haiti that there is an emergency situation regarding debris pickup and removal that if not remedied may promote the spread of diseases and social unrest which may affect the health and welfare of Miami-Dade County given Haiti’s geographic proximity and the extensive volume of trade and travel between Haiti and Miami-Dade County; and
WHEREAS, these storms have damaged bridges and roads making the delivery of food, water and medical supplies difficult; and
WHEREAS, the situation in Haiti is so dire that on September 19, 2008, local immigration officials announced that the federal government would temporarily halt the deportation of Haitians from South Florida; and
WHEREAS, this Board finds that the devastation wrought on Haiti by the combined effects of the hurricanes during the 2008 hurricane season have created an emergency situation in Haiti that demands action and assistance from governments and non-governmental agencies; and
WHEREAS, to the extent the County has surplus earth-moving equipment that could be donated to Haiti for the purpose of alleviating the emergency situation there, the Board finds that there is an emergency situation in Haiti that warrants the exercise of the waiver authority granted to the Board under Ordinance 05-114 so that such donations can be effectuated,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board finds and declares that an emergency situation exists in Haiti that warrants the waiver authorized by Ordinance 05-114 of the procedures for disposition of surplus property >>for a period of ninety (90) days<< 1 and directs the County Mayor or County Mayor's designee to promptly identify and donate surplus earth-moving equipment to Haiti as expeditiously as possible and to report back to the Board regarding such donations within fifteen (15) days.

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.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.