Legislative Matter

Miami-Dade Legislative Item
File Number: 060212

Printable PDF Format

File Number: 060212

File Type: Ordinance

Status: In Committee

Version: 0

Reference:

Control: County Commission

File Name: CREATE BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY

Introduced: 1/25/2006

Requester: NONE

Cost:

Final Action:

Agenda Date: 4/25/2006

Agenda Item Number: 5J

Notes:

p.h. before full BCC

Title:

ORDINANCE CREATING BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; APPOINTING BOARD OF COMMISSIONERS OF SUCH AGENCY AND DESIGNATING THEIR RESPECTIVE TERMS OF OFFICE; DELEGATING CERTAIN REDEVELOPMENT POWERS TO SUCH AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 053540]

Indexes:

COMMUNITY REDEVELOPMENT AGENCY

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	4/27/2006	5J	Deferred				P
REPORT:	Assistant County Attorney Joni Armstrong-Coffey read the foregoing proposed ordinance into the record. Commissioner Rolle opened the public hearing and seeing no person appear wishing to be heard, the public hearing was closed. It was moved by Commissioner Heyman that the foregoing proposed ordinance be adopted as presented. This motion was seconded for discussion by Commissioner Jordan. Commissioner Seijas expressed opposition to this ordinance and requested it be deferred. She noted backup documents within this ordinance incorrectly indicated the resolution adopted on July 21, 1998 declared the Biscayne Corridor as a slum and blighted area. She noted there was no need for a Community Redevelopment Agency (CRA) when an investor was prepared to develop a $300 million mix-use development in the subject neighborhood, which had already been approved by the Commission. Commissioner Heyman advised that the area met the legal definition of blight due largely to the multiple owners of the parcels and severe code enforcement issues. She identified several facilities in the area that contributed to this problem. Mr. Tony Crapp, Sr., Executive Director, Office of Community Redevelopment, provided a brief overview of the analysis and review that was conducted for the Biscayne Corridor area. He advised that the Commission adopted the Finding of Necessity Study in June 2005 which authorized staff to engage a consultant for the development of a redevelopment plan. Mr. Crapp explained that the foregoing ordinance would enable the appointment of a citizens’ board for the CRA but could not actually create the CRA. In response to Commissioner Sosa’s inquiry regarding whether a CRA was necessary and whether more time was needed to provide a detailed report on the fiscal impact, County Manager Burgess stated an analysis would be presented along with the proposed plan. Discussion ensued among Commission members and staff regarding whether to establish a CRA or to conduct further research as to the authenticity of the developer’s plans to redevelop 15 acres of the Biscayne Shores area. Commissioners Sosa, Gimenez, and Diaz expressed opposition to the creation of a CRA in this case and recommended this ordinance be deferred for further review of additional information on alternative approaches. Commissioner Heyman noted a voluntary advisory board was established for the subject community and the CRA would serve as a catalyst for improvements to the area and ownership in the area. She stated she would accept the recommended deferral at this time with a stipulation that the voluntary advisory board be permitted to continue functioning. Following the advisement of Assistant County Attorney Armstrong-Coffey for the appropriate motion to accomplish the Board’s desire,the Board deferred the foregoing proposed ordinance to no date certain, with instruction to the County Manager and County Attorney to continue working with the voluntary advisory group to determine whether a CRA was advisable and to bring back a plan to the Commission.

Board of County Commissioners	4/25/2006	5J	Carried over		4/27/2006
REPORT:	County Attorney Murray Greenberg read the foregoing proposed ordinance into the record. The public hearing was opened by Chairman Martinez; however, it was closed after no one appeared in response to Chairman Martinez’s call for persons wishing to be heard in connection with the foregoing proposed ordinance. Commissioner Seijas expressed concern that an Urban Infill Application Area had almost the same boundaries as the proposed Community Redevelopment Area. She noted the foregoing proposed ordinance should be withdrawn or deferred to allow staff to revise its recommendations based on recent a Comprehensive Development Master Plan amendment. It was moved by Commissioner Seijas that the foregoing proposed ordinance be deferred. Commissioner Sorenson suggested the ordinance be deferred to the Board of County Commissioners meeting scheduled for Thursday April 27, 2006, when Commissioner Heyman was available. It was moved by Commissioner Seijas that the foregoing proposed ordinance be deferred to the Board of County Commissioners meeting scheduled for April 27, 2006. This motion was seconded by Commissioner Sosa and upon being put to a vote, passed by a vote of 11-0 (Commissioner Heyman and Vice Chairman Moss were absent).

Board of County Commissioners	3/7/2006	5I	Deferred		4/25/2006
REPORT:	The foregoing proposed ordinance was deferred to the Board of County Commissioners' meeting scheduled for April 25, 2006.

Community Empowerment & Econ. Revitalization Cmte.	2/14/2006	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Manager Tony Crapp, Sr. read the foregoing proposed ordinance into the record. Assistant County Manager Tony Crapp informed the Committee of a scrivener’s error in Section 10 of the proposed ordinance that should be corrected to change “Auditor General” to “State of Florida.” Hearing no further questions or comments, the Committee forwarded to the Board with a favorable recommendation the foregoing proposed ordinance with the scrivener's error corrected as noted by Assistant County Manager Crapp.

County Attorney	1/25/2006		Assigned	Shannon D. Summerset		1/25/2006

County Attorney	1/25/2006		Referred	Community Empowerment & Econ. Revitalization Cmte.	2/14/2006

Board of County Commissioners	1/24/2006	4A AMENDED	Adopted on first reading as amended		3/7/2006		P
REPORT:	First Assistant County Attorney Robert Cuevas advised the Board the foregoing proposed ordinance would be amended in the third “whereas clause” to indicate the north boundary was “NE 116 Street” and to delete the reference to “Exhibit A.” Hearing no objections, the Board proceeded to vote on the foregoing proposed ordinance submitted for first reading as presented.

Legislative Text

TITLE
ORDINANCE CREATING BISCAYNE CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; APPOINTING BOARD OF COMMISSIONERS OF SUCH AGENCY AND DESIGNATING THEIR RESPECTIVE TERMS OF OFFICE; DELEGATING CERTAIN REDEVELOPMENT POWERS TO SUCH AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment 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 by the Act upon counties with Home Rule Charters, which counties in turn are authorized to delegate certain of such powers to a community redevelopment agency created pursuant to the Act; and
WHEREAS, on July 21, 1998 the Board of County Commissioners of Miami-Dade County, Florida (the "Board") adopted Resolution No. R.-609-05 which resolution declared a certain geographic area of the County known as Biscayne Corridor and as bounded on the North by NE 112 Street, and bounded on the East by Biscayne Boulevard, bounded on the South by NE 116 Street, and bounded on the West by NE 14 Avenue, (the "Biscayne Corridor Community Redevelopment Area"), to be a slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination thereof, to be necessary in the interest of public heath, safety, morals or welfare of the residents of the County and found the need for the creation of a community redevelopment agency; and
WHEREAS, this Board desires to create a public body corporate and politic to be known as the Biscayne Corridor Community Redevelopment Agency, to appoint the Board of Commissioners of such agency and to delegate certain community redevelopment powers to the agency,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Community Redevelopment Agency created.
Pursuant to the provisions of Section 163.356, Florida Statutes, this Board hereby creates a public body corporate and politic to be known as the Biscayne Corridor Community Redevelopment Agency (the "Agency"). The Agency shall be constituted as a public instrumentality and the exercise by the Agency of the powers conferred by the Act and delegated by the Board shall be deemed and held to be the performance of an essential public function.
Section 2. Purpose.
The purpose of the Agency is to carry out the community redevelopment purposes of the Act.
Section 3. Membership.
(a) The board of commissioners of the Agency shall consist of seven. The terms of office of the commissioners shall be for four (4) years, except that three of the members first appointed shall be designated to serve terms of one (1), two (2) and three (3) years, respectively, from the date of their appointments, and all other members shall be designated to serve for terms of four (4) years from the date of their appointments. A vacancy occurring during a term shall be filled for the unexpired term. Any person may be appointed as commissioner if he or she resides or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of operation of the agency, which shall be coterminous with the area of operation of the County, and is otherwise eligible for such appointment under the Act. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the Clerk of the Board, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
(b) A commissioner shall receive no compensation for services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of duties. (c) The Board may remove a commissioner for inefficiency, neglect of duty or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least ten (10) days prior to such hearing and has had an opportunity to be heard in person or by counsel.
Section 4. Procedure.
(a) Chair. The Board shall designate a chair and vice-chair from among the commissioners.
(b) Meetings. The powers of the Agency shall be exercised by the commissioners thereof. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the Agency upon a vote of a majority of the commissioners present, unless in any case the bylaws require a larger number.

Section 5. Public officials, commissioners and employees subject to code of ethics.
(a) The officers, commissioners and employees of the Agency shall be subject to the provisions and requirements of Part III of Chapter 112, Florida Statutes, and Section 2-11.1 of the Code of Miami-Dade County, Florida.
(b) If any official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he or she knows is included or planned to be included in the Biscayne Corridor Community Redevelopment Area, he or she shall immediately disclose this fact in the manner provided in Part III of Chapter 112, Florida Statutes. Any disclosure required to be made by this section shall be made prior to taking any official action.
(c) No commissioner or other officer of the Agency exercising powers pursuant to the Act shall hold any other public office under the County other than his or her commissionership or office with respect to such Agency.
Section 6. Powers.
(a) The Board hereby delegates the following community redevelopment powers to the Agency in accordance with the Act:
(i) Initiate, prepare and adopt a plan of redevelopment and any amendments thereto, which plan and amendments shall be subject to subsequent review and approval by the Board; and
(ii) All powers not specifically delegated to the Agency are reserved exclusively by the Board.
(b) The Agency cannot commit itself or the County to any expenditure of funds without the specific approval of the Board.

Section 7. Staff.
The County Manager and the Office of the County Attorney shall provide to the Agency adequate staff and support services to enable it to carry out its purposes.
Section 8. Annual Report.
No less than once per year, the Agency shall submit a written report to the Board detailing its activities during the past year and outlining its contemplated activities for the ensuing year.
Section 9. Appointments.
Appointments of the initial and all subsequent chairs, vice-chairs and members of the Agency shall be made by resolution of the Board.
Section 10. The Agency shall file with the Board and with the State of Florida, on or before March 31 of each year, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation in the County a notice to the effect that such report has been filed with the County and that the report is available for inspection during business hours in the office of the Clerk of the Board and in the office of the Agency.
Section 11. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 12. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County. The sections of this ordinance may be renumbered or re-lettered to Accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 13. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.