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Home My WebLink About10-00153 Backup 2-11-2010M I A M I•DADE COUNTY Carlos Alvarez, Mayor December 21, 2009 Mr. James Villacorta, Executive Director City of Miami Community Redevelopment Agencies 49 N.W. 5 Street, Suite 100 Miami, Florida 33128 Re: CRA Legislation Dear Mr. Villacorta: County Executive Office County Manager 111 NW 1st Street • Suite 2910 Miami, Florida 33128-1994 T 305-375-531 1 F 305-375-1262 miamidade.gov This is to advise you that the Miami -Dade Board of County Commissioners (Board) has adopted two resolutions that may have an impact on the City of Miami Community Redevelopment Agencies. The first resolution (R-1382-09), adopted by the Board on December 1, 2009, requires a County Commissioner to serve on the Board of Commissioners of newly created Community Redevelopment Agencies (CRAs). It also directs that interlocal agreements between the County and existing CRAs be renegotiated to ensure that the Board has representation on each CRA. The second resolution (R-1315-09), adopted by the Board on November 17, 2009, directs the County to amend existing interlocal agreements to have net surplus revenues remaining in the CRA trust fund retained or returned to Miami -Dade County at the end of each fiscal year. The terms apply to fiscal years 2009-10 and 2010-11. Enclosed are copies of the resolutions for your review. Office of Strategic Business Management staff will be contacting you in the very near future to discuss the resolutions and to obtain your input. George M. Burgess County Manager Enclosures c: Cynthia W. Curry, Senior Advisor to the County Manager Jennifer Glazer -Moon, Director, Office of Strategic Business Management Jorge M. Fernandez Jr., Coordinator, Community Redevelopment and Municipal Services cmo06110 L' e, OLTICIAL P Z COPY CLERK Or T1iE BOARD '�Y C Y COMMESSIONERS MUM-DADMUM-DADE COUNTY, PLOKEDA MEMORANDUM Agenda item No, 11(A) (2) TO: Honorable Chairman Dennis C, Moss DATE: December 1, 2009 and Members, Board of County Commissioners FROM; R. A, Cuevas, Jr. 'County Attorney SUBJECT: Resolution directing the Mayor to negotiate amendments to interlocal agreements with each taxing authority Resolution No. R-1382-09 The Housing and Community Development Committee amended the resolution to delete the words 'nor more" from one of the whereas clauses and from Section 2 of the resolution. The resolution as it reads now only requires one Commissioner to be appointed to each of the CRAB. The accompanying resolution was prepared and placed on the agenda at the request of ?rime Sponsor Commissioner Audrey M. Edmonson, RAC/up R, A. Cuev s, r. County Attorney 1 MEMORANDUM (Revised) TO, Honorable Chairman Dennis C, Moss DATE: and Members, Board of County Commissioners FROM: R, A, Cuevas, Jr, County Attorney December 1, 2009 SUBJECT: Agenda Item No. 11(A) (2 ) Please note any items checked. "3.Day Rule" for committees applicable if raised 6 weeks required between first reading and publiehearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a now board requires detailed County Manager's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Agenda Item No, 11(A) (2) Veto 12-1.09 Override RESOLUTION NO. R-1382-09 RESOLUTION DIRECTING THE MAYOR OR THE MAYOR'S DESIGNEE TO NEGOTIATE AMENDMENTS TO INTERLOCAL AGREEMENTS WITH EACH TAXING AUTHORITY AND/OR CRA TO ENSURE TI-IAT THE BOARD HAS REPRESENTATION ON THE BOARD OF COMMISSIONERS OF EACH CRA; ESTABLISHING POLICY REQUIRING COUNTY COMMISISIONERS TO SERVE ON NEWLY CREATED CRAS; AND DIRECTING THE MAYOR OR MAYOR'S DESIGNEE TO SUBMIT A REPORT TO THE BOARD PROVIDING RECOMMENDATIONS CONCERNING ANY ADDITIONAL ACTIONS THAT MAY BE REQUIRED TO EFFECTUATE THIS RESOLUTION WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in the Florida Statutes as Part III of Chapter 163, Sections 163,330 through 163.450, as amended from time to time (the "Act"); and WHEREAS, all powers arising through the Act are conferred upon counties and municipalities, which in turn are authorized to delegate certain of such powers to a community redevelopment agency ("CRA") created pursuant to the Act; and WHEREAS, section 163,356(2) of the Florida Statutes requires that after the governing body adopts a resolution declaring the need for a CRA, the governing body, by ordinance, shall appoint the board of commissioners of the CRA; and WHEREAS, the Florida Statutes further states "[a]s provided in an interlocal agreement between the governing body that created the agency and one or more taxing authorities, one or more members of the board of commissioners of the agency may be representatives of a taxing authority, including members of that taxing authority's governing body, whose membership on the board of commissioners of the agency would be considered an additional duty of office as a member of the taxing authority governing body"; and 3 Agenda Item No. 11(A) (2) Page No, 2 WHEREAS, there are currently three (3) CRAs in the Unincorporated Municipal Services Area ("UMSA") and nine (9) CRAS located within municipalities; and WHEREAS, this Board desires to have one [[or more]]' County Commissioner to serve as board of commissioners on each of these CRAs and any newly created CRA; and WHEREAS, this Board believes that by becoming members of these CRAs the County's interests will be represented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board; Section 1,. Directs the Mayor or the Mayor's designee to negotiate amendments to the interlocal agreements with each taxing authority and/or CRA to provide for the appointment of one County Commissioner- to the board of commissioners of each CRA. Such agreements shall be negotiated to provide for the County Commissioner in whose district the CRA is located to serve on the board of commissioners, or at the option of' such County Commissioner as communicated to the Clerk of the Board of County Commissioners by written memorandum, the Board of Comity Commissioners shall appoint another County Commissioner other than the County Commissioner of the district to serve on the board of commissioners, Section 2. Establishes as a policy of this Board that as a condition for the creation of a new CR.A that one [[or more]] County Commissioner shall be appointed to each CRA's board of commissioners within Miami -Dade County, Section 3, Directs the Mayor or the Mayor's designee to submit a report to the Board within sixty (60) days of the effective date of this resolution that provides (a) the status of negotiations undertaken pursuant to this resolution and (b) recommendations of any additional Committee amendments are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or »double arrowed« constitute the amendment proposed, Resolution No. R-1382-09 Agenda Item No. 13 (A) (2 ) Page No, 3 actions that this Board or the governing body which created the CRA, if such governing body is not the County, may need to take to effectuate this resolution, including the adoption of any ordinances by this Board or other governing body. The Prime Sponsor of the foregoing resolution is Commissioner Audrey M. Edmonson. It was offered by Commissioner Barbara J. Jordan , who moved its adoption. The motion was seconded by Commissioner Katy Sorenson and upon being put to a vote, the vote was as follows Dennis C, Moss, Chairman aye Jose "Pepe" Diaz, Vice -Chairman aye Bruno A. Barreiro absent Audrey M. Edmonson aye Carlos A. Gimenez aye Sally A. Heyman aye Barbara J, Jordan aye Joe A. Martinez aye Dorrin D. Rolle aye Natacha Seijas aye Katy Sorenson aye Rebeca Sosa absent Sen. Javier D. Souto aye The Chairperson thereupon declared the resolution duly passed and adopted this 1 at day of December, 2009, This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS EIARVEY RUVIN, CLERK DIANE COLLINS Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Terrence A. Smith