HomeMy WebLinkAboutSubmittal-Village of Palmetto Bay Resolution No. 09-511
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RESOLUTION NO. 09-51
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A RESOLUTION OF THE MAYOR --,1ND VILLAGE COUNCIL OF THE
VILLAGE OF PALMETTO BAY, FLORIDA, REQUESTING GOVERNOR
CHARLIE CRIST TO VETO SENATE BILL 360 AND HOUSE BILL 0073
.AND ANY OTHER SIMILAR LEGTST_.ATTON RELATTNG TO GROWTH
MANAGEMENT PROTOCOLS; EXPRESSING STRONG CONCERNS
REGARDING SB 360, 362 AND SB 1306; AND, HB 0073 AND 0227 AND
SIMILAR LEGISLATION THAT WOULD AFFF.CT GROWTH
MANAGEMENT BY MUNIC:IPALITIH;S; 1F ENACTED, THE LAW WOULD
NO LONGER REQUIRE DEVELOPERS TO ADD ROAD CAPACITY IN
NEARLY I4ALF OF THE ST'ATE'S MUNICIPALITIES, AND IN SEVERAL,
ENl'IRE COUNTIES AND WOULD PROPOSE A STATE FEE, YET TO BE
CALCULATED, WHICH FEE MAY NOT BE PROVIDED T'O THE LOCAL
MUNICIPALITIES FOR IMPLEMENTATION; URGING THE FLORIDA
LEGISLATURE NOT TO PASS SUCH LEGISLATION; PROVIDING FOR
THE DISTRIBUTION OF THIS RESOLUTION TO THE VILLAGE'S
LOBBYISI'S, THE SPATE LEGISLATURE, THE MUNICIPAL LEAGUE OF
CITIES, MTAMT-DADS COUNTY, AND OUR SISTER CTTIRS; PROVTDING
AN EFFECTIVE DATE. [Sponsored by Mayor Eugene P. Flinn, Jr.].
Sczsuo�I�
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WHEREAS, Florida Senate Bill 360 and SB 1306 relating to Growth :Management and
transportation concurrency has been filed for consideration during the 2009 state legislative by
Senator Mike Bennett (R -Bradenton); arid,
WHEREAS, the Village of Palmetto Bay is concerned over Senate Bill 360 and House Bills
0073 and 0027, which was passed by both the House and Senate on May 1", 2009; and,
WHEREAS, Senate Bill 1306, also sponsored by Senator Bennett, proposes that
transportation concurrency exception areas (TCEAs), which would include the Village and Miami -
Dade County, are automatically created in geographic areas that are designated in a local plan for
urban infill development, urban redevelopment, downtown revitalization, or urban infill and
redevelopment, and includes the definitions of "dense urban land areas" as proposed in SB 360; and,
WHEREAS, if the new law is signed by Governor Crist, Florida will no longer require
developers to add road capacity in nearly half the state's municipalities and several counties,
including the Village; and,
WHEREAS, the bills could strip away regional and state planning reviews of Developments
,of Regional Impact (DRIB) where local governments disregard transportation impacts and in effect
would eliminate reviews of DRIB that could affect our community, and undermine proper Growth
Management practices; and,
WHEREAS, the proposed laws would automatically allow developers in seven of Florida's
67 counties, and nearly half of its 410 municipalities to add more residents and traffic without
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expanding or adding roads, they will instead pay a "mobility fee," which the state has yet to decide
how to calculate; and,
WHEREAS, it would provide a mechanism to designate urban areas where new
development impacts on roads could be overlooked, in favor of the developer; and,
WHEREAS, by not forcing developers to deal with the traffic problems created by their
construction, the state will dump road widenings, traffic signals and other costly byproducts of `
construction into the laps of cash strapped local governments; and,
WHEREAS, the bills remove transportation impacts as a factor in development approvals
in cities and counties averaging at least 1,000 residents per square mile, which would affect Miami -
Dade County; and,
WHEREAS, passage of these bills would mean that fewer funds are available to the
municipality to address new infrastructure projects, as the local commututies would have to shoulder
the developer's transportation development costs; and,
WHEREAS, passage of these bills or similar legislation also could have the effect of
stopping infrastructure projects already planned or being constructed, with further corresponding
job losses; and,
WHEREAS, studies have shown that reducing government spending by reducing fees and
taxes does not stimulate the economy and that the opposite is actually true; spending government
funds on needed infrastructure projects acts to stimulate the economy; and,
WHEREAS, passage of these bills or similar legislation would result in reduced
infrastructure projects and a loss of construction jobs at a time when stimulus package are being
proposed at the federal, state and local levels to increase infrastructure funding and associated jobs.
WHEREAS, the Mayor and Village Council oppose passed Senate Bill 360 and urge
Governor Crist to not sign the bill into law; and urge the Senate and Governor, to veto Senate Bills
362 and 1306, and House Bills 0073 and 0227 should they proceed forward.
NOW, THEREFORE, BE IT RESOLVED BY THE NLI\YOR AND VILLAGE
COUNCIL OF THE VILLAGI? OF PAl_,Mi-,-17O BAY, FLORIDA, AS FOLLOWS:
Section 1. Expresses strong concerns regarding Florida Senate Bills 360, 362, 1306 and
House Bills 0073 and 0227 and similar legislation that would impact local governments and seriously
undermine proper Growth Management practices, including in areas of transportation in urban
communities. The Mayor and Village Council urges the legislature not to pass any further legislation
that would infringe upon
SUBMITTED INTO THE
""`°' PUBLIC RECORD FOR
ITEM na 4 ON -iy0q a
-
I proper growth management practices and further intrude on local municipal and county control of
2 growth in their communities.
3
4 Section 2. EXPRESS THEIR REQUEST TO GOVERNOR CHARLIE CRIST TO
5 VETO SENATE BILL 360 INTO LAW; and further encourages the Governor to reject any such
6 similar legislation that may come before him, including Senate Bill 362 and 1306.
7
8 Section 3. Directs the Village Clerk to transmit a certified copy of this resolution to the
9 Governor, Senate President, House Speaker, the Chair and Members of the Miami -Dade County
10 State Legislative Delegation, Senator Mike Bennett, the Presiding Officer and Members of the
11 municipalities in Miami -Dade County and the Executive Director of the Miami -League of Cities.
12
13 Section 4. Directs the Village's state lobbyists, and state legislators to oppose the
14 legislation set forth in Section 1 above, and authorizes and directs that the 2009 State Legislative
15 Package be amended to include this item.
16
17 Section 5. This resolution shall take effect immediately upon approval.
18
19 { -,
20 PASSED and ADOPTED this fl -day of May, 2 l
21 y..
22'' f
23 Attest:` -
24 han. der Eugene P. Flinn, Jr.
25 e Clerk Mayor
26
27 APPROVED AS TO FORM:
28 '
29 L'`'
30 Ev . Boutsis,
31 Office of Village Attorney
32
33 FINAL VOTE AT ADOPTION:
34 YES
35 Council Member Ed Feller
36
37 Council Member Howard Tendrich YES
38 YES
39 Council Member Shelley Stanczyk
40
41 Vice -Mayor Brian W. Pariser YES
42
43 Mayor Eugene P. Flinn, Jr. YES