Miami-Dade Legislative Item
File Number: 100674
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File Number: 100674 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Recreation, Culture & Tourism Committee
File Name: SUPPLEMENTAL BUDGETS FOR VARIOUS FUNDS Introduced: 3/16/2010
Requester: NONE Cost: Final Action: 6/7/2010
Agenda Date: 4/6/2010 Agenda Item Number: 4H
Notes: PH AT BCC - ITEM FILED IN 4-6-10 BCC FOLDER Title: ORDINANCE APPROVING AND ADOPTING SUPPLEMENTAL BUDGETS FOR VARIOUS FUNDS; APPROVING $750,000 FUNDING ALLOCATION TO MIAMI CHILDREN’S MUSEUM; DIRECTING AND AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE FUNDING AGREEMENT WITH MIAMI CHILDREN’S MUSEUM; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 8(E)]
Indexes: MIAMI CHILDRENS MUSEUM
  SUPPLEMENTAL BUDGETS
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Rebeca Sosa, 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

Recreation, Culture & Tourism Committee 6/7/2010 2C Withdrawn P

Recreation, Culture & Tourism Committee 5/10/2010 2C Deferred to next committee meeting P
REPORT: Assistant County Attorney Rizo read the foregoing proposed ordinance into the record Commissioner Barreiro explained that the foregoing proposed ordinance was related to Agenda Item 8E and the Miami Children’s Museum (MCM) was a major institution that needed adequate funding in order to provide quality service and education for children. The item was moved by Commissioner Sorenson for this discussion. This motion was seconded by Commissioner Jordan. Commissioner Sorenson noted she recognized how important the MCM was to the community; but she could not support funding the MCM from the Countywide General Fund. She also noted this matter was a fiscal budget issue, and due to the millage rate set by the Board of County Commission (BCC), approximately $200 million budget was cut from the Countywide General Fund, which included a wide range of program cuts, salaries, and service reductions in the majority of County departments. Additionally, due to the delay of implementing salary reductions, an additional budget cut that totaled approximately $30 million had to be implemented toward the Countywide General Fund mid-year budget adjustment. Commissioner Sorenson further noted that considering those budget cuts, she could not support an additional $750,000 funding for the MCM. Additionally, Commissioner Sorenson noted another reason she could not support this resolution was related to the policy implications. She said the proposed ordinance entailed a substantive change in the existing County policy regarding the designation of County supportive cultural institutions, which was defined only if the County owned the property and or the facility in which a non-profit cultural institution operated. She noted the County was responsible to ensure the viability of assets and to protect the significant investments on these projects by our tax payers. Designating funds for the MCM, which was not County owned nor did it have an operating agreement with Miami-Dade County as a County supportive cultural institution, would put the County in a position to broaden the policy to include a number of other institutions, Commissioner Sorenson noted. Commissioner Sorenson noted the BCC would set the millage rate in July 2010 and the final rate in September 2010. She urged that this proposed ordinance be heard during these phases and that the community informs the BCC members their wiliness to pay for these services. Commissioner Jordan noted that the County Manager was previously asked to identify a non General Funding source because of the reasons stated by Commissioner Sorenson. In response to Commissioner Jordan’s question as to whether administration had identified a non General funding source, Ms. Ana Bustamante, Assistant to Assistant County Manager Alex Munoz noted a non General Funding source had not been identified. She noted a request to allocate funds for this item would be on tomorrow’s Budget Planning Sustainability Committee Agenda because the funds considered for this item were already allocated to other institutions. She noted the approval of this item would create a funding gap in the budget since there was no available funding to support this item. Responding to Commissioner Jordan’s request to list the major institutions that were identified to allocate funding from the $750,000 General Fund, Ms. Bustamante provided the following list of major institutions: • MCI Grant - $414,079; • Capital Budgets Grant -$30,107; • Summer Arts and Science Camps Grant - $20.827; • Youth Enhancement Program Grant - $16,575; and • MCI Grant - $345,887 Commissioner Jordan noted she could not support the foregoing proposed ordinance as it was presented. Commissioner Barreiro noted negotiations were being made with the Miami Art Museum (MAM) to construct a new MAM on City of Miami owned property at Bicentennial Park, which would be considered at the same structure level as the Miami Children’s Museum (MCM), a County funded facility on City owned property. He noted in terms of not directly owning the property and there were different structural forms of these facilities. Commissioner Barreiro requested that the members of this Committee move the item forward to the BCC without recommendations in order to have a full discussion at the same level as the other items that were considered for funding. Commissioner Jordan noted she was willing to support the item moving forward to the BCC without recommendation; however, a unanimous vote was needed. She also noted the issue regarding one program being pitted against other programs and she felt all programs were worthy of the resources; however, the BCC needed to address the need for additional resources. Chairman Souto agreed to move the foregoing proposed ordinance forward to the BCC without recommendation. Commissioner Barreiro made a proposal to move the item forward to the BCC to allow the discussion of policy as the other item that was before the BCC.. Chairman Souto noted his support of Commissioner Barreiro’s proposal and noted in order to be fair this discussion should go before the full Board of County Commissioners rather than just four members of the Board. Commissioner Sorenson noted as Chairperson of the Budget Planning and Sustainability Committee, looking at the budget, the facts remained that there was a $30 million deficit this fiscal year and the other item that needed funding was in the budget adjustment, which was a normal procedure. She noted a Committee process was followed and she could not support this item due to those restraints provided. Commissioner Barreiro noted this would be a tough budget year and decisions had to be made regarding funding, resources and millage rates, which would be difficult to do and to keep a certain level of services. Following further discussion regarding the foregoing proposed ordinance, Mr. Jeff Berkowitz, Chairman, Miami Children’s Museum (MCM) appeared before the members of the Committee and noted he understood the difficult decision at hand, but he wanted to present the proper facts. He noted a memorandum from the County Manager’s Office needed to be corrected. Mr. Berkowitz noted he had a detailed letter that addressed the issues, miss-statement of facts that were contained in the County Manager’s memorandum. He also noted the memorandum indicated that funds were fully utilized and he understood that policies, and priorities including when public monies were approved and allocated by the County Commission. Mr. Berkowitz pointed out that two of the four supporters of this ordinance were absent due to illnesses. Mr. Berkowitz noted that on October 3, 2009, the Board of County Commissioners made a policy decision with a 10-3 vote directing administration to identify non General funds to allocate $750,000 for the MCM, a County affiliated institution. He also noted Miami-Dade County contributed $5 million towards the land on which this museum was built and the balance was donated by a private sector, which had a leasing contract with the City of Miami. Mr. Berkowitz noted for clarification that the County owned only a portion of Fairchild Gardens. He further noted that administration was directed by the BCC to report back within 60 days with identified non General Funds: however, a letter was received from the County Manager’s Office on November 9, 2009 advising there were no unallocated funds identified. Mr. Berkowitz noted that on February 10, 2010 a memorandum from the County Manager’s Office indicated that $4.5 million was identified as recaptured unallocated funds that were unspent. Mr. Berkowitz noted Commissioner Barreiro sponsored this ordinance to implement what the BCC had initially decided on October 13, 2009. He also noted that on April 6, 2009, the BCC adopted an ordinance on the first reading, ordering additional funding for the MCM. Mr. Berkowitz said he had thousands of postcards from voters who supported this initiative. He further noted the benefits of MCM exposed children to the arts, community, and to culture, which teaches the fundamentals of everyday living in a diverse multi-cultural society. Mr. Berkowitz noted the County had under-funded the MCM since its conception. He noted the County Manager ignored the BCC directive regarding policy and allocated the funds to other organizations. Chairman Souto noted he felt the proper way to handle the foregoing proposed ordinance was to move it to the full BCC and let the County Commissioners address the matter because the MCM was a major cultural institution in Miami-Dade County. Ms. Bustamante noted for the record, the item Mr. Berkowitz referred to was Agenda Item 8E, which included information regarding the County Manager’s memorandum. She also noted the County was very supportive and contributed over the years approximately $5 million to MCM through operating programs of the facility improvement grants. Chairman Souto reiterated that he preferred the item be heard by the full BCC due to the impact on multi-cultured children that participated at the MCM. Commissioner Jordan noted the County Commission made it clear on its directive that staff would bring back a recommendation utilizing non-General Funds. She asked that staff respond to those comments regarding the recommendations. Ms. Bustamante noted her understanding was that the recommendations to fund those organizations were coming from the General Fund. Responding to Commissioner Jordan’s inquiry regarding the County Manager’s memorandum that indicated a supplement budget that totaled $20.578 million, Ms. Bustamante noted the memorandum listed under Agenda Item 8E listed the items for tomorrow’s Budget Planning and Sustainability Committee meeting. She also noted the entities that she previously read into the record were identified to receive those funds from the General Fund. Commissioner Jordan noted she was in favor of moving the foregoing proposed ordinance forward without recommendation to the full BCC; however she concerned about organizations being pitted against each other, but were just as worthy of funding support in this process. She also noted she hoped the full BCC would recognize the issue and take the necessary action to identify additional resources. Commissioner Sorenson pointed out that three out of four sponsors for this item voted to decrease the millage rate; and now the funds that needed to be recaptured were being allocated, as well as the need to identify $30 million in this fiscal year’s budget that would end October 1, 2010. Following further discussion, Commissioner Barreiro requested that the foregoing item be forwarded to the BCC without recommendation and with a proposed amendment instructing administration to identify funding from non-general funds. Assistant County Attorney Bonzon-Keenan noted in order to designate funds a funding source had to be identified. She said it would be acceptable if the language in the amendment directed the administration to identify a non-general fund source; however, if a funding source was not available then the fall back would be from the recaptured funds. Commissioner Sorenson noted this proposed amendment would not work because the resolution had already been proposed and no other funding sources were identified. She suggested that when the budget amendment was presented to the BCC, a request could be submitted to the County Commission to redistribute the funding in order for the MCM to receive $750,000 funding. Hearing no further questions or comments, Commissioner Barreiro requested that the foregoing proposed ordinance be deferred until the next meeting.

Board of County Commissioners 4/6/2010 Tentatively scheduled for a public hearing Board of County Commissioners 6/3/2010

Board of County Commissioners 4/6/2010 4H Adopted on first reading 6/3/2010 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on Thursday, June 3, 2010, at 9:30 a.m. Commissioner Rolle asked the County Manager to meet with him to discuss his concerns regarding this proposed ordinance.

County Attorney 3/16/2010 Referred Recreation, Culture & Tourism Committee 5/10/2010

County Attorney 3/16/2010 Assigned Geri Bonzon-Keenan

Legislative Text


TITLE
ORDINANCE APPROVING AND ADOPTING SUPPLEMENTAL BUDGETS FOR VARIOUS FUNDS; APPROVING $750,000 FUNDING ALLOCATION TO MIAMI CHILDREN’S MUSEUM; DIRECTING AND AUTHORIZING THE COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXECUTE FUNDING AGREEMENT WITH MIAMI CHILDREN’S MUSEUM; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE

BODY
WHEREAS, the Miami Children’s Museum has generously served the families of Miami-Dade County and countless South Florida residents and tourists since its founding in 1983; and
WHEREAS, the Miami Children’s Museum is dedicated to enriching the lives of all children by fostering a love of learning and enabling children to realize their highest potential; and
WHEREAS, the Miami Children’s Museum’s current facility opened on Watson Island in 2003; and
WHEREAS, Miami-Dade County was a significant contributor to that current facility, having appropriated $5 million in convention development tax funds toward its construction costs; and
WHEREAS, by memorandum to the Board of County Commissioners dated September 17, 2009, the County Manager designated six organizations for budgetary purposes to be “County affiliated major cultural institutions,” specifically Fairchild Tropical Botanic Garden, Historical Association (Museum) of Southern Florida, Miami Art Museum, Museum of Science, Vizcaya Museum and Gardens and the Zoological Society of South Florida; and
WHEREAS, the Board of Commissioners, by a vote of 10-3 on October 13, 2009, as a matter of public policy designated the Miami Children’s Museum, a not-for-profit educational and instructional center, to be the seventh “County affiliated major cultural institution”; and
WHEREAS, by that same vote the Board of County Commissioners instructed the County administration to identify an appropriate, non-general-fund source or sources of funds in the amount of $750,000 to be allocated as the Miami Children’s Museum’s annual support, beginning in the 2009-2010 budget year, with regard to its specific status as a “County affiliated major cultural institution,” just as each of the other six such designated institutions are supported specific to their same status; and
WHEREAS, by memorandum to the Board of County Commissioners dated February 25, 2010, the County Manager reported the existence of $4.464 million of recaptured, unexpended funds appropriated in prior years to community based organizations (the “Recaptured Funds”); and
WHEREAS, this Board wishes to amend the fiscal year 2009-10 Countywide General Fund Budget and the Unincorporated Municipal Service Area Fund Budget to appropriate $585,000 of the Recaptured Funds to the Non-departmental – Recreation and Culture Fund within the Countywide General Fund and $165,000 of the Recaptured Funds to the Non-departmental – Recreation and Culture Fund within the Unincorporated Municipal Service Area Fund, to allocate such Recaptured Funds to the Miami Children’s Museum, and to direct and authorize the County Mayor to execute the necessary agreement with the Miami Children’s Museum for a funding allocation in an amount equal to $750,000, in the form approved by the County Attorney,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. In compliance with the provisions of Section 1.02(A) of the Miami-Dade County Home Rule Charter and Section 129.06 of the Florida Statutes, the supplemental budgets attached hereto and made a part hereof are hereby approved, adopted, and ratified, and the budgeted expenditures therein provided are hereby appropriated.
Section 2. This Board hereby approves a $750,000 funding allocation to the Miami Children’s Museum to be funded from the Fiscal Year 2009-2010 Non-departmental – Recreation and Culture Fund within the Countywide General Fund in an amount equal to $585,000 and from the Non-departmental – Recreation and Culture Fund within the Unincorporated Municipal Service Area Fund in an amount equal to $165,000. The County Mayor or the Mayor’s designee is hereby authorized to execute an agreement with the Miami Children’s Museum for such $750,000 funding allocation in the form approved by the County Attorney. Notwithstanding any other provision of the County Code, resolution or implementing order to the contrary, the Miami Children’s Museum shall not be required to complete affidavits of compliance with the various policies or requirements applicable to entities contracting or transacting business with the County.
Section 3. 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 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. In the event all or any particular component of this ordinance are vetoed, the remaining components, if any, shall become effective ten (10) days after the date of enactment and the components vetoed shall become effective only upon override by this Board.



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