Miami-Dade Legislative Item
File Number: 071005
Printable PDF Format Download Adobe Reader  

File Number: 071005 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: County Commission
File Name: REDUCE MITIGATION PAYMENT FROM DORAL Introduced: 3/30/2007
Requester: NONE Cost: Final Action:
Agenda Date: 6/26/2007 Agenda Item Number: 11A3
Notes: Title: RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS, UPON THE REQUEST OF THE CITY OF DORAL, TO REDUCE ITS MITIGATION PAYMENT FROM 1.5 MILS IN THE RESIDENTIAL AREA, AS ADJUSTED AND 1.5 MILS IN THE COMMERCIAL, BUSINESS, INDUSTRIAL AREA (CBI) TO 1 MIL IN THE CITY OF DORAL, SUBJECT TO ADJUSTMENTS
Indexes: DORAL
Sponsors: Jose "Pepe" Diaz, 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 6/26/2007 11A3 Deferred P
REPORT: During consideration of the Agenda and "Pull List", the foregoing proposed resolution was deferred indefinitely as requested by the sponsor Commissioner Diaz.

Board of County Commissioners 5/10/2007 11A21 Deferred 6/26/2007 P
REPORT: Hearing no objection, the Board considered related agenda items 11A21 and 11A28 simultaneously. Commissioner Heyman expressed concern regarding State Legislative action towards mitigation and the consequences the County faced. Responding to Commissioner Heyman’s question regarding the existing budget, County Manager George Burgess advised that the Board approved a phase out plan to reduce city payments over a period of time. He stated that the foregoing resolutions modified the calculations of mitigation payments from Doral to eliminate the higher cost of their Commercial Business Industrial Area (CBI) resulting in a $2.5 million impact to the County and $2.5 million in savings to the city. County Manager Burgess noted Miami Lakes would submit their final payment this year, Palmetto Bay would continue to submit payments for the next two years, and Doral would complete the seven year payment requirement in three years. He stated that the Governor signed into law a prohibition against counties making those kinds of fees/assessments as a requirement before they attained city status. County Manager Burgess noted that it was unclear when the impacts to the County would be apparent, but they faced a revenue loss to the tune of approximately $12 million. Commissioner Martinez noted the Board’s position would be weak if they decided to file a lawsuit defending the Home Charter in the event that Agenda Item 11A21 passed. With concern regarding the validity of contracts with new cities, Assistant County Attorney Craig Coller advised the contracts were valid and were not affected by recent Legislation. County Attorney Greenburg noted the Legislation signed by the Governor only affected mitigation payments. Commissioner Moss noted the Board should challenge the State on the Home Rule Charter because they infringed on the County’s right to manage certain issues. Responding to Commissioner Sorenson’s question regarding the outcome of instances when the Board did not challenge the State, County Attorney Greenburg advised this piece of Legislation violated the County’s Home Rule Amendment, and the County would prevail should they decide to challenge the State. Commissioner Jordan noted the Board voted to allow municipalities the seven year maximum timeframe for mitigation payments in order to promote equitability. She questioned how the States’ action reflected on future incorporations. Assistant County Attorney Coller advised that any incorporation subsequent to July 1, 2007 were not required to pay mitigation fees. County Attorney Greenburg advised the Commission to defer the items in the event that they decide to challenge the State. Commissioner Gimenez noted that positive steps could be taken to rectify the mitigation issue, and that he felt the state law worked in the Board’s favor. He also stated that he was willing to create a resolution similar to the State law. Commissioner Moss referred to an instance when the Board successfully challenged the State who wanted to take money from Jackson Memorial Hospital and give it to private hospitals throughout the County. He stated the Board’ victory reaffirmed their Home Rule authority. Commissioner Moss moved to make a motion to challenge the state law in reference to mitigation involving the cities of Doral, Palmetto Bay, and Miami Lakes. County Attorney Greenburg advised that if the Board wished to challenge the State, they should direct the County Attorneys Office to file the appropriate lawsuit that questioned the validity of the State law. Commissioner Moss amended the motion to direct the County Attorney to challenge the validity of the state mitigation law and any law within the purview of the County’s power in the most appropriate manner, and to discuss the matter with the Commissioners beforehand. Commissioner Heyman seconded the motion. Responding to Commissioner Diaz’s question regarding the previous challenge to the Home Rule Charter, Assistant County Attorney Tom Logue noted the Board challenged the State when they passed a statute to divert money for Jackson Memorial Hospital. County Attorney Greenburg rephrased the motion to direct the County Attorneys Office to prepare the appropriate cause of action after considering private discussions with the Commissioners, and then file a lawsuit. Commissioner Martinez seconded the amended motion. County Attorney Greenburg advised the Board to push for the issue to be heard in Miami-Dade rather than Leon County. Commissioner Heyman amended the motion to direct County Attorney Greenburg to proceed with a proper cause of action with the intent of the Board to preserve and maintain the Home Rule authority challenged by Florida Statue. The amended motion was put into a vote, and passed with a vote of 8-4 (Commissioners Diaz, Sosa, Sorenson, and Gimenez voted No); (Commissioner Souto was absent, OCB) Hearing no objection, the foregoing proposed resolutions were deferred until June 26, 2007.

Board of County Commissioners 5/8/2007 11A21 Carried over 5/10/2007

Governmental Operations and Environment Committee 4/10/2007 3D Forwarded to BCC with a favorable recommendation P
REPORT: (See Agenda Item 3C, Legislative No. 071004 for the report)

County Attorney 3/30/2007 Referred Governmental Operations and Environment Committee 4/10/2007

County Attorney 3/30/2007 Assigned Cynthia Johnson-Stacks 4/4/2007

Legislative Text


TITLE
RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS, UPON THE REQUEST OF THE CITY OF DORAL, TO REDUCE ITS MITIGATION PAYMENT FROM 1.5 MILS IN THE RESIDENTIAL AREA, AS ADJUSTED AND 1.5 MILS IN THE COMMERCIAL, BUSINESS, INDUSTRIAL AREA (CBI) TO 1 MIL IN THE CITY OF DORAL, SUBJECT TO ADJUSTMENTS

BODY
WHEREAS, in a Incorporation/Annexation and Mitigation Workshop of the Governmental, Operations and Environment Committee of the Board of County Commissioners, the City of Doral discussed the mitigation paid by the municipality to the County, which was voted upon by the electors as one of the pre-agreed conditions contained in its respective municipal charter; and
WHEREAS, the Home Rule Charter provides that such pre-agreed conditions between the County and the prospective municipality which are included in the municipal charter can only be changed, if approved by an affirmative vote of two-thirds (2/3) of the members of the Board of County Commissioners then in office, prior to a vote of qualified municipal electors; and
WHEREAS, the Board being duly advised, acting in further of the Countyís Home Rule powers, desires to equalize Doralís mitigation payment prospectively, so that Doral will pay a mitigation amount based on one mil of total property tax value in the incorporation year; and
WHEREAS, the County Commission expresses its intent to approve a resolution of the Board authorizing the change of Doralís mitigation payment in the current fiscal year, in accordance with the terms of this resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board of County Commissioners expresses its intent to approve the reduction the City of Doralís mitigation as contemplated in this resolution if the following conditions are met:
1) The City of Doral shall modify its charter to provide for the reduction of Doralís mitigation payment from an amount based on 1.5 mils in the residential area (as adjusted) and 1.5 mils in the CBI area to $5,546,632 for the fourth payment, which shall be due and payable on or before September 30, 2007. This payment is the equivalent of 1 mil of the value of taxable real property within the boundaries of the City, based on the Cityís real property tax roll as of the year of incorporation (2002 property tax roll). This amount shall be adjusted by the Consumer Price Index for each subsequent yearís payment.
2) The City of Doral shall present to the County a resolution approving a ballot question and proposed amended provisions of its municipal charter, which must provide for the reduction of mitigation as contemplated in this resolution;
3) Such ballot question and proposed amended provisions shall be acceptable in form and substance to the County Commission; and
4) Shall not be effective, unless and until the voters of Doral approve their respective proposed charter amendments at mail-ballot elections;
5) Each municipality shall submit to the Clerk of the Board of County Commissioners the resolutions, including draft ballot questions and proposed amended municipal charter provisions, prior to a County Commission vote to consider each municipalityís request.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.