Legislative Matter

Miami-Dade Legislative Item
File Number: 122410

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Clerk's Official Copy

File Number: 122410

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 13-11

Control: Board of County Commissioners

File Name: REGULATIONS FOR PERSONS YOUNG CHILDREN & STROLL

Introduced: 12/5/2012

Requester: NONE

Cost:

Final Action: 2/5/2013

Agenda Date: 2/5/2013

Agenda Item Number: 7D

Notes:

CROSS REFERENCE W/ LEGISTAR NO. 122413

Title:

ORDINANCE AMENDING ORDINANCE 94-104 REGARDING PARKING REGULATIONS FOR PERSONS TRANSPORTING YOUNG CHILDREN AND STROLLERS TO INDICATE THAT PERMIT-FEE FUNDS THAT ARE DISTRIBUTED TO ORGANIZATIONS MUST BE DISTRIBUTED TO ORGANIZATIONS THAT PERFORM COUNTYWIDE SERVICES AND HAVE A COUNTYWIDE PURPOSE; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE (SEE AGENDA ITEM 11A2)

Indexes:

STROLLERS

Sponsors:	Sally A. Heyman, Prime Sponsor
	Lynda Bell, 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	2/5/2013	7D	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairwoman Sosa opened thte public hearing and called for any persons wishing to appear in connection with this item. Former Commissioner Natasha Seijas appeared in support of the foregoing proposed ordinance; commended Commissioner Heyman for her sponsorship of this item; congratulated Chairwoman Sosa and Vice Chairwoman Bell on recently being elected for their Chairmanship of the Board. Commissioner Seijas commented on the history of this issue and expressed concern with disbursements being made to specific Board members; noting disbursements had always been done on a countywide basis. Vice Chair Bell explained that the disbursements would be divided amongst the thirteen Commissioners; however, the funds would be utilized county-wide. In response to an inquiry by Commissioner Edmonson as to how long it would take for a Commissioner to accumulate $130,000 in their account, Ms. Jennifer Moon, Budget Director, noted it would take three to four years. Commissioner Edmonson expressed concern with the length of time needed to accumulate the funds and therefore, could not support the item. There being further comments or questions, Chairwoman Sosa closed the public hearing and the Board proceeded to vote on this item as presented.

Internal Mgmt. & Fiscal Responsibility Committee	1/15/2013	1E1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Oren Rosenthal read the foregoing proposed ordinance into the record. He noted that the proposed ordinance was related to Agenda Item 2N. Chairwoman Bell opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Commissioner Jordan expressed concern that some organizations applied for County funding; however, they did not provide countywide services. She questioned whether there was any specific criteria used to certify whether countywide services were provided, and if not, a process needed to be implemented. Ms. Jennifer Moon, Budget Director, Office of Management and Budget, responded that organizations could be required to provide a client list. Commissioner Jordan commented that a report would provide the County Commission with a system to review organizations and avoid claims that these organizations were not providing countywide services. Commissioner Bovo noted information was needed on the percentage of County funding provided in relation to the organizations total budget; whether they were conducting countywide services and performing functions that county government could not do; and whether they had a board of directors and maintained meeting minutes. Chairwoman Bell commented that she had previously asked the same questions as Commissioner Bovo, noting that Committee members needed to monitor organizations closely, even though issues and problems could not be foreseen. Commissioner Zapata indicated that several organizations were currently receiving funds from other sources to provide services for severely abused or neglected children. He suggested limiting future funding to organizations currently offering these services in order to prevent a rush of new organizations requesting funding. Commissioner Zapata noted access was open to all County residents since these organizations were located in one place. He said the accountability issues would be satisfied by recognizing that the organizations provided services for many years and was vetted before receiving public funding. Chairwoman Bell commented that financial resources should be shared with other organizations that were not as well funded. She noted the goal was for transparency of the individual organization but not to preclude them on the basis of how heavily they were funded, because dollars may be better spent on smaller organizations that were not as heavily funded. Chairwoman Bell said the purpose was to assist organizations perform jobs that the County could not do or that the organizations could do better than the County. Commissioner Diaz inquired whether the report card system was implemented to document whether organizations met their established goals, the amount of funding used, and the number of clients served. Ms. Moon responded that Community Based Organizations (CBOs) were graded in order to determine whether they would receive continuation of funding. She noted CBOs who did not receive a high grade were given an opportunity to remediate their practices, to be re-graded or to give up their contract. Ms. Moon said that CBOs were placed on either performance or reimbursement based contracts after violation of contract provisions and failure to document an advance. She explained that a contract would not be executed if the CBO was unable to document what they were doing or could not submit a budget. Ms. Moon noted there were CBOs without executed contracts or funded until pending issues were satisfied. Ms. Moon noted the Parking Stroller Trust Fund generated between $30,000-60,000 annually and allocations were not determined by a competitive solicitation process. She said all organizations receiving these funds provided countywide services and would not be affected by a new rule. Chairwoman Bell said that the funding was fairly distributed; noting funds came from parking permitting fees rather than from the General Fund. Chairwoman Bell commented that she anticipated future CBO funding would decrease due to worsening economic conditions; therefore, not-for-profit organizations and CBOs needed to begin developing plans to secure funding from sources other than the County and not be solely dependent upon government funds to be sustainable. Hearing no further questions or comments, the Committee proceeded to vote on this proposed ordinance as presented.

Board of County Commissioners	12/18/2012	4D	Adopted on first reading		1/15/2013		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Internal Management & Fiscal Responsibility Committee on Tuesday, January 15, 2013, at 2:00 p.m.

Board of County Commissioners	12/18/2012		Tentatively scheduled for a public hearing	Internal Mgmt. & Fiscal Responsibility Committee	1/15/2013

County Attorney	12/5/2012		Assigned	Monica Rizo	12/11/2012

County Attorney	12/5/2012		Referred	Internal Mgmt. & Fiscal Responsibility Committee	1/15/2013

Legislative Text

TITLE
ORDINANCE AMENDING ORDINANCE 94-104 REGARDING PARKING REGULATIONS FOR PERSONS TRANSPORTING YOUNG CHILDREN AND STROLLERS TO INDICATE THAT PERMIT-FEE FUNDS THAT ARE DISTRIBUTED TO ORGANIZATIONS MUST BE DISTRIBUTED TO ORGANIZATIONS THAT PERFORM COUNTYWIDE SERVICES AND HAVE A COUNTYWIDE PURPOSE; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, on June 7, 1994, this Board approved Ordinance 94-104 (�Ordinance�), attached hereto as Exhibit �A�, which established requirements regarding the designation of parking spaces for persons transporting young children and strollers, for the issuance of parking permits for the use of such parking spaces and for penalties for misuse of those specially marked parking spaces; and
WHEREAS, Section 3 of the Ordinance also directed the County Manager to develop an administrative order for producing and issuing parking permits for persons transporting young children and strollers and for a fee for such permit, one-third (1/3) of which was to be distributed to �private non-for-profit non-denominational agencies providing services for severely abused or neglected children� (�Service Agencies�); and
WHEREAS, because these fees are collected from residents throughout Miami-Dade County, then it is in the best interest of the County, and it follows, that the one-third of fees that are distributed to Service Agencies should be distributed only to Service Agencies that perform countywide services and have a countywide purpose,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 3 of Ordinance 94-104, is hereby amended to read as follows: 1

Section 3. [[Within ninety (90) days after the effective date of this ordinance, the County Manager shall develop an administrative]] >>There shall be an Implementing<< order providing standards for producing and issuing parking permits for persons transporting young children and strollers. The [[administrative]] >>Implementing<< order shall also provide a fee for such permit, one-third (1/3) of which shall be distributed to private not-for-profit non-denominational agencies providing services for severely abused or neglected children >>on a countywide basis, throughout all of Miami-Dade County, thus evincing a countywide purpose<<. The [[administrative]] >>Implementing<< order shall provide procedures for application and distribution of such funds. The [[administrative]] >>Implementing<< order shall become effective upon approval by the Board of County Commissioners.

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 shall not become nor made part of the Code of Miami-Dade County, Florida.

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.