Legislative Matter

Miami-Dade Legislative Item
File Number: 101520

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Clerk's Official Copy

File Number: 101520

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-689-10

Control: Board of County Commissioners

File Name: OIL SPILL CLEAN-UP BY SENTENCED INMATES

Introduced: 6/10/2010

Requester: NONE

Cost:

Final Action: 6/15/2010

Agenda Date: 6/15/2010

Agenda Item Number: 14A21

Notes:

Title:

RESOLUTION DIRECTING MAYOR TO PREPARE A PLAN FOR THE USE OF ELIGIBLE INMATES IN THE CUSTODY OF THE MIAMI-DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION FOR SHORELINE CLEANUP IN THE EVENT OIL FROM THE SPILL IN THE GULF OF MEXICO REACHES THE SHORES OF THE COUNTY

Indexes:

OIL SPILL

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

Board of County Commissioners	6/15/2010	14A21	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing resolution into the record. In response to Commissioner Barreiro’s request that eligible inmates be assigned to less populated areas, Commissioner Heyman noted she would have this done. Commissioner Heyman noted that groups were addressing cleanup in a free spirited way, and she believed her proposal was an organized way to respond to the oil spill. She noted this proposed resolution asked the Mayor, given his experience in law enforcement, to use eligible inmates to assist in the oil spill cleanup efforts. She indicated that “eligible inmates” would be those who owed the County time due to their lack of ability to pay court costs. Commissioner Heyman noted that pursuant to the Florida Statutes, inmates in Florida’s Panhandle counties were performing tasks requiring no skills, in an effort to support cleaning efforts of experts on the frontlines. She indicated that health and safety needs would be met if this resolution was adopted and implemented, adding that through a Florida volunteer initiative, people were being organized, by demographics, to accomplish the same thing proposed in this resolution. Commissioner Heyman advised that she spoke with government officials of municipalities along the County’s shoreline, and they welcomed anyone to participate in clean up efforts, provided they did not pose a security risk for patrons. Mr. Curt Sommerhoff, Department of Emergency Management (DEM) Director, noted he could consider using inmates in a reasonable way to respond to the spill. He also noted he understood that concerns existed about inmates appearing in tourist areas in prison uniforms. Commissioner Heyman noted she reached out to Mr. Harvey Ruvin, Miami-Dade Clerk, Circuit and County Courts, who initiated Baynanza, a County-sanctioned cleanup project. She asked Mr. Sommerhoff to develop planned, organized, professionally supervised activities on environmental cleanup as a designated community service project, and to recruit high school seniors and other interested persons to participate as volunteers, using Baynanza as a model. Mr. Sommerhoff noted that DEM and others were anticipating sharing Baynanza with other municipalities that might want to implement clean up efforts on their own apart from the County. Vice-Chairman Diaz asked Mr. Sommerhoff to arrange ahead of time for unemployed County residents to sign up to possibly be given first preference to help clean up areas of the County, and other areas of counties throughout the State, if these areas were impacted by the Gulf oil spill in the future. Mr. Bill Talbert, CEO and President, Greater Miami Convention and Visitors’ Bureau (GMCVB), noted he believed he heard that no County prisoners would in any circumstance work on the beach while visitors were there, and the GMVCB was pleased to hear this. Chairman Moss noted he hoped that if this resolution was adopted, the Mayor would consider as part of the proposed plan, the feasibility of using the inmates. He added that he believed the unemployed should be considered before prisoners were. Mr. Sommerhoff noted that in response to an inquiry from Ms. Julie Edwards, Community Action Agency Director, regarding whether the County could employ people to help with cleanup efforts, DEM put Ms. Edwards in contact with some of the State’s staff who could provide those jobs. Hearing no further questions or comments, the County Commission proceeded to vote on the foregoing resolution as presented.

County Manager	6/11/2010		Additions

County Attorney	6/10/2010		Assigned	Robert A. Duvall		6/10/2010

County Attorney	6/10/2010		Referred	Health, Public Safety & Intergovernmental Cmte	6/10/2010

Health, Public Safety & Intergovernmental Cmte	6/10/2010	2J	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. Chairwoman Heyman asked Assistant County Manager Ysela Llort to ask Mayor Alvarez to consider using “The Scavenger” boat to assist in shore cleanup in the event of an oil spill. Chairwoman Heyman requested staff to prepare the appropriate memorandum asking Board of County Commission (BCC) Chairman Dennis C. Moss to waive the Board’s Rules and Procedures to allow this proposed resolution to be considered at the June 15, 2010, BCC meeting.

Legislative Text

TITLE
RESOLUTION DIRECTING MAYOR TO PREPARE A PLAN FOR THE USE OF ELIGIBLE INMATES IN THE CUSTODY OF THE MIAMI-DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION FOR SHORELINE CLEANUP IN THE EVENT OIL FROM THE SPILL IN THE GULF OF MEXICO REACHES THE SHORES OF THE COUNTY

BODY

WHEREAS, Sections 951.01 and 951.05 of the Florida Statutes authorize each county to �employ all persons in the jail of their respective counties under sentence upon conviction for a crime at labor upon projects for which the governing body of the county could otherwise lawfully expend public funds and which it determines to be necessary for the health, safety, and welfare of the county�; and
WHEREAS, Section 925.08 of the Florida Statutes authorizes county commissioners to so employ pretrial detainees who are �charged with misdemeanor and confined in the county jail for failure to give bail� subject to certain requirements regarding hours (not more than 10 hours a day), compensation ($5 per day if acquitted), record keeping, etc.; and
WHEREAS, the catastrophic and ongoing oil spill from the British Petroleum well field in the Gulf of Mexico poses a serious threat to the beaches and shoreline of Miami-Dade County; and
WHEREAS, protection of the beaches and shoreline is essential to the economy and environment of Miami-Dade County and necessary for the health, safety, and welfare of the county,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County Mayor or Mayor�s designee is directed to prepare a plan for the use of those eligible inmates in the custody of the Miami-Dade Department of Corrections and Rehabilitation who pose only a minimum security risk for shoreline cleanup in the event oil from the spill in the Gulf of Mexico reaches the shores of Miami-Dade County.