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Resolution 2021-31854RESOLUTION NO. 2021-31854 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, OPPOSING PROPOSED AMENDMENTS TO THE MIAMI-DADE COUNTY CODE PROHIBITING MUNICIPALITIES FROM REQUIRING PERMITS FOR WORK ON CERTAIN RIGHTS-OF-WAY AND EASEMENTS LOCATED WITHIN MUNICIPALITIES, AND URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS (THE "BOARD") NOT TO MOVE FORWARD WITH THE AMENDMENTS AS DRAFTED. WHEREAS, on July 8, 2021, the Miami -Dade County Board of County Commissioners (the "Board") passed an ordinance on first reading that would provide exclusive permitting jurisdiction to Miami- Dade County (the "County") for certain Public Works construction projects regardless of ownership over the facility, and prohibit municipalities from charging fees, imposing requirements, or requiring permits for work on certain rights- of -way or easements within municipalities (" the Ordinance"); and WHEREAS, the Ordinance was scheduled for second reading on September 1, 2021 but was deferred by the Board; and WHEREAS, the Mayor and City Commission of the City of Miami Beach believe the proposed changes in the Ordinance are counter-productive to municipal operations and services, and will force County and City departments to work in silos rather than foster collaboration for the public benefit; and WHEREAS, the City has been a steadfast advocate for the City's home rule authority, and regularly opposes unwarranted County and State preemptions, particularly on local matters that concern the City's regulatory authority over City -owned or maintained facilities; and WHEREAS, the proposed Ordinance gives the County the broad authority, but not the obligation, to do any construction work or maintenance, on any roadway or facility situated partially or entirely within the incorporated areas of the County, and have the exclusive permitting jurisdiction over any such work regardless of who owns or maintains the facility; and WHEREAS, the Ordinance prohibits municipalities from charging any fees, imposing any requirements, or permitting any construction work on: (i) any County -owned rights-of-way or easements within the municipality; and (ii) any roads or facilities regardless of ownership, that the Miami -Dade County Department of Transportation and Public Works deems necessary for appropriate traffic movement on the County' s roadway network; and WHEREAS, the City requires a Public Works permit for all right-of-way work within its geographic boundaries; and WHEREAS, this universal permit requirement ensures that City staff is aware of work taking place within the City, and can effectively coordinate concurrent right-of-way projects to avoid construction or maintenance of traffic conflicts during construction; and WHEREAS, the City is best suited to communicate information about roadway work and Public Works projects to residential and business communities within the City, to ensure the public is well-informed and can make appropriate decisions; and WHEREAS, the City is uniquely qualified to handle the hyper -local aspects of Public Works within the community because City staff is knowledgeable about the issues, utilities, and stakeholders affected by a given project; and WHEREAS, the Ordinance represents a radical departure from today's practice, and municipalities should be aware of, and'in agreement with, any improvements that are proposed by the County within City rights-of-way and their resulting maintenance obligations; and WHEREAS, the Mayor and City Commission urge the Board to oppose or postpone the passage of this Ordinance until the County has had the opportunity to work with municipalities to incorporate revisions to improve this legislation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby oppose proposed amendments to the Miami -Dade County Code prohibiting municipalities from requiring permits for work on certain rights-of-way and easements located within municipalities, and urge the Miami -Dade County Board Of County Commissioners (the "Board") not to move forward with the amendments as drafted. PASSED AND ADOPTED this /7 day of September, 2021. ATTEST: S : , 2 2 021 Rafael E. Granado, City Clerk `V INCORP ORATED' CH 26�, . (Sponsored by Commissioner Mark Samuelian) Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Rabe Resolutions - C7 X MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, Acting City Attorney DATE: September 17, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, OPPOSING PROPOSED AMENDMENTS TO THE MIAMI-DADE COUNTY CODE REGARDING PUBLIC WORKS CONSTRUCTION AND PERMITTING IN THE INCORPORATED AND UNINCORPORATED AREAS OF THE COUNTY, AND URGING THE MIAMI- DADE COUNTY BOARD OF COUNTY COMMISSIONERS (THE "BOARD-) NOT TO MOVE FORWARD WITH THE AMENDMENTS AS DRAFTED. ANALYSIS Pursuant to the request of Commissioner Michael Gongora, the above -referenced Resolution is submitted for consideration by the Mayor and City Commission at the September 17, 2021 Commission meeting SUPPORTING SURVEY DATA NIA Is this a "Residents Right to Know" item.pursuant to Citv Code Section 2A1_4? M. - Legislative Tracking Office of the City Attorney Sponsor Commissioner Michael Gongora ATTACHMENTS: Description D Resolution Does this item utilize G.O. Bond Funds? M Page 792 of 1657