LTC 275-2009 MDC Proposed Amendments to RDA Interlocal Agmt
m M I AM I B EAC H ~~ ~~~ ` ~ ~~~ ~~ ~'
OFFICE OF THE CITY MANAGER
NO. LTC # 275-2009 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 15, 2009
SUBJECT: Miami -Dade County Proposed A end ommunity Redevelopment Agency
("RDA") Interlocal Agreements
The purpose of this LTC is to advise you of certain proposed amendments byMiami -Dade County
to Community Redevelopment Agency Interlocal Agreements.
Earlier this month, the attached Resolution was proposed by County Commissioner Audrey M.
Edmonson. It was scheduled to be heard on Wednesday, October 14, 2009, before the County
Commission's Housing and Community Development Committee. However, Commissioner
Edmonson was not able to make the meeting, and so the item was postponed.
The proposed item would require the County Administration to actively pursue amendments to RDA
Interlocal Agreements to require that a member of the Board of County Commissioners be a
member of the RDA Board of Directors. Currently, for the Miami Beach Redevelopment Agency, the
City Commission also serves as the Board of Directors. The proposed resolution would add a
County Commissioner to the City's Board of Directors.
At present, this proposed change would not be effective unless passed by the County Commission.
In addition, even if passed, the change cannot be compelled bythe Board unilaterally. Therefore,
the change would not affect the City unless the City agrees to amend the Interlocal for this purpose.
Since the proposed resolution has not yet been passed by the Board of County Commissioners, this
information is provided to you in the event that you would like to provide direction on this issue, or
otherwise wish to contact your colleagues on the County Commission to express your individual
opinions.
Please let me know if you have any questions, or if there is any formal action that you would like us
to pursue.
Attachment
C: Jose Smith, City Attorney
Hilda M. Fernandez, Assistant City Manager
F:\cmgr\$ALL\LTC-09\LTC - M-D County RDA Interlocal Changes.doc
Memorandum "'~
Date: October 14, 2009 ~ICD
Supplement to
To: Honorable Chairman Dennis C. Moss Agenda Item too, 2 (A )
and Members, Bo rd of County Commissioners
From: George M. Bur
County Manag {~ .
Subject: Additional Information on the Resolution Directing the Mayor to Negotiate Amendments to
Interlocal Agreements with each Taxing Authority
The following report provides information on the Resolution directing staff to negotiate amendments to
Community Redevelopment Agency (CRA) Interlocal Agreements to provide for the appointment of a County
Commissioner to the board of commissioners of each CRA.
Florida Statutes Part III Chapter 163, Sections 163.330 through 163.450 (the "Act") allows for municipal
governing board members to sit as members of the CRA board. The Board of County Commissioners (BCC)
has delegated to CRAs, by interlocal agreement, the ability to appoint its own board of directors. in the case
of all CRAs that lie with the boundaries of a municipality, the respective municipal governing board acts as the
CRA Board. Likewise, the BCC can also assume the capacity of a CRA Board for any CRA in the
unincorporated municipal service area (UMSA). However, the BCC only acts as the CRA Board for the West
Perrine CRA.
Once the power has been delegated to a CRA to appoint its own Board through an interiocai agreement,
changes to the governing board structure must be approved by the respective CRA, or municipal governing
board as required. As such, any CRA with its own board of directors must agree to amend their interlocal
agreements as stipulated in the Resolution.
While some CRAs may welcome the opportunity to amend their interlocal agreements to include the addition
of a County Commissioner to the CRA board, others may not want to amend their interlocal agreements at
this time or in the future. Nevertheless, County staff will approach all CRAs, for which the intent of this
Resolution applies, to gauge their willingness to amend their interlocal agreements. For any CRAs that do not
want to negot' it interlocal agreements at this time, the intent of this Resolution will be brought to the
tam upon that panic lar CRA's future request to amend their interlocal agreement.
r Advisor to the
cmo20809
MEMORANDUM
HCD
Agenda Item No. 2(B)
TO: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
DATE: September 9, 2009
FROM: R. A. Cuevas, Jr.
County Attorney
SUBJECT: Resolution directing the Mayor
to negotiate amendments to
interlocal agreements with
each taxing authority
The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor
Commissioner Audrey M. Edmonson.
R. A. Cuev3ts, Jr:
County Attorney
RAC/up
MEMORANDUM
{Revised)
T0: Honorable Chairman Dennis C. Moss DATE: October 6, 2009
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr. ~ ~ SUBJECT: Agenda Item No.
County Attorney
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public'hearing
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 new 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.
Veto 10-6-09
Override
RESOLUTION NO.
RESOLUTION DIRECTING THE MAYOR OR THE MAYOR'S
DESIGNEE TO NEGOTIATE AMENDMENTS TO
INTERLOCAL AGREEMENTS WITH EACH TAXING
AUTHORITY AND/OR CRA TO ENSURE THAT 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
3
Agenda Item No.
Page No. 2
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
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 of County Commissioners to serve
as board of commissioners on each of these CRAB and any newly created CRA; and
WHEREAS, this Board believes that by becoming members of these CRAB 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 or more County Commissioners 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 County 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 CRA that one or more County Commissioners 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
v
Agenda Item No.
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 ,who moved its adoption. The
motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Dennis C. Moss, Chairman
Jose "Pepe" Diaz, Vice-Chairman
Bruno A. Barreiro Audrey M. Edmonson
Carlos A. Gimenez Sally A. Heyman
Barbara J. Jordan Joe A. Martinez
Dorrin D. Rolle Natacha Seijas
Katy Sorenson Rebeca Sosa
Sen. Javier D. Souto
The Chairperson thereupon declared the resolution duly passed and adopted this 6`h day
of October, 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.
Approved by County Attorney as ~ `r~/~
to form and legal sufficiency. G
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUV1N, CLERK
Deputy Clerk
By:
Terrence A. Smith
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