Miami-Dade Legislative Item
File Number: 063590
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File Number: 063590 File Type: Ordinance Status: Adopted
Version: 0 Reference: 06-170 Control: Board of County Commissioners
File Name: SURTAX ALLOCATION Introduced: 12/11/2006
Requester: NONE Cost: Final Action: 11/28/2006
Agenda Date: 11/28/2006 Agenda Item Number: 7D
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 062887. Title: ORDINANCE REQUIRING THAT NO ALLOCATION OF DOCUMENTARY SURTAX FUNDS MAY BE MADE EXCEPT AS PART OF A COMPETITIVE REQUEST FOR APPLICATIONS (RFA) PROCESS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 062316 AND 062887]
Indexes: HOUSING
  SURTAX FUNDS
Sponsors: Katy Sorenson, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Sen. Javier D. Souto, Co-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

County Attorney 12/11/2006 Assigned Shannon D. Summerset

Board of County Commissioners 11/28/2006 7D AMENDED Adopted as amended P
REPORT: County Attorney Murray Greenberg read the foregoing ordinance into the record. Commissioner Edmonson asked that she be added as a co-sponsor to the foregoing ordinance. She expressed concern with how the Request for Application (RFA) process would ensure community participation and whether it would give the community an opportunity to weigh in on the approval of the projects. She asked that the foregoing ordinance be amended to include a public input provision in the RFA process and the public input be included in staff’s recommendations before presented them to the County Commission. Commissioner Sorenson asked Ms. Cynthia Curry to come forward and explain the public input portion of the process. Ms. Cynthia Curry stated that staff concurred with Commissioner Edmonson’s recommendation. She noted this RFA process would seek proposals for documentary Surtax and Ship funds that are coupled with the CDBG process and included heavy input from the community. She further noted that both processes were similar but differed in the way they were presented to the Committee and the full Board. Commissioner Sorenson accepted the amendment offered by Commissioner Edmonson. Commissioner Martinez noted a scrivener’s error existed in the County Mayor’s memorandum in support of agenda item (7D) but referred to Agenda Item 7E. Later in the meeting, Commissioner Martinez advised that staff from the County Mayor’s Office confirmed that the memorandum was related to Agenda Item 7D, but contained a scrivener’s error that referenced it to Agenda Item 7E. Upon conclusion of the discussion, the Board adopted the foregoing ordinance as amended to include a public meeting in the RFA process, which affords the residents of Miami-Dade County the opportunity to comment on applications, funding requests and recommendations; and that this public meeting be held prior to the presentation of any funding recommendations to the County Commissioners by staff. Commissioner Moss asked to be added as a co-sponsor to the foregoing ordinance.

Legislative Text


TITLE
ORDINANCE REQUIRING THAT NO ALLOCATION OF DOCUMENTARY SURTAX FUNDS MAY BE MADE EXCEPT AS PART OF A COMPETITIVE REQUEST FOR APPLICATIONS (RFA) PROCESS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, there is a growing and urgent need in this community for the construction, rehabilitation, and purchase of all types of affordable housing; and
WHEREAS, the County's documentary surtax program, authorized pursuant to Chapters 201 and 125 of the Florida Statutes, has been successful in helping to meet this need for affordable housing; and
WHEREAS, this Board and developed a process in which agencies seeking allocations of documentary surtax funds participate in a competitive Request for Applications (RFA) process for allocation of the documentary surtax funds; and
WHEREAS, the amounts requested by these agencies far exceed the amount of funds available for allocation; and
WHEREAS, the RFA process entails input from the community and months of detailed and thorough review of the applications by the County's professional staff and Affordable Housing Advisory Board; and
WHEREAS, the projects submitting applications through this process are evaluated on the many factors to determine, among other things, the need for and the feasibility of the projects; and
WHEREAS, this competitive process and thorough review, along with community input, serves to ensure that the limited documentary surtax funds will be allocated in the best way possible,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. No allocation of documentary surtax funds shall be made except as part of a competitive Request for Applications (RFA) process. Notwithstanding the foregoing, documentary surtax funds loaned directly to homeowners by Miami-Dade County may be allocated without the necessity of a competitive RFA process.
Section 2. The RFA process shall include a public meeting which affords the residents of Miami-Dade County the opportunity to comment on applications and funding requests and recommendations. This public meeting shall be held prior to presentation of any funding recommendations to the Board of County Commissioners by Miami-Dade County staff.
Section 3. 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 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.




Section 5. 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.




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