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
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