Miami-Dade Legislative Item
File Number: 111584
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File Number: 111584 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: OMMI CRA - Introduced: 7/27/2011
Requester: NONE Cost: Final Action:
Agenda Date: 10/4/2011 Agenda Item Number: 11A6
Notes: SEE #112514 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION DIRECTING MAYOR OR MAYOR’S DESIGNEE TO NEGOTIATE AN AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI AND THE OMNI COMMUNITY REDEVELOPMENT AGENCY RELATED TO THE FUTURE USE OF THE MIAMI HERALD PROPERTIES; DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO NEGOTIATE AN AMENDMENT TO SAID INTERLOCAL COOPERATION AGREEMENT TO PERMIT THE INCLUSION OF ONE MIAMI-DADE COMMISSIONER AS A MEMBER OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO SECTION 163.356(2), FLORIDA STATUTES AND RESOLUTION NO. R-1382-09; AND REQUIRING A REPORT
Indexes: COMMUNITY REDEVELOPMENT AGENCY
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Audrey M. Edmonson, 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

Board of County Commissioners 10/4/2011 11A6 Amended
REPORT: SEE AGENDA ITEM 11A6 AMENDED, LEGISLATIVE FILE NO. 112514

Internal Mgmt. & Fiscal Responsibility Committee 9/13/2011 2R Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairwoman Bell resumed the Chair. It was moved by Commissioner Edmonson that the Committee forward the foregoing proposed resolution to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Diaz. Chairwoman Bell recognized Commissioner Heyman, as the sponsor of this resolution. Commissioner Heyman explained the intent of this resolution, noting the area served by the Omni Community Redevelopment Agency (CRA) was recently featured in local newspaper articles, including The Business Report, The Business Today, The Miami New Times, and the Miami Herald as having one of the largest international development conglomerates purchasing large parcels within the City of Miami. She expressed concern that pursuant to the Florida Statute, the County would not have any voice in these transactions until after the fact. Commissioner Heyman noted the Genting Group was purchasing entire city blocks in an area designated as a CRA; and that a County Commissioner needed to serve as a member of the Omni CRA’s executive board. She noted as proposed, this resolution would ensure that Miami-Dade County would have both a seat at the table and a voice in the decision-making process, particularly since the County had committed General Obligation Bonds to redevelop the blighted Overtown/Omni communities, which included the Performing Arts Center, the museums in Bicentenial Park, the Omni Shopping Plaza, the Miami Herald property, and surrounding areas. Commissioner Heyman noted she was contacted by counsel from the Genting Group who informed her that the Group viewed this investment as an incredible land opportunity for growth and development and did not intend to utilize CRA tax incentives. She noted that the CRA boundaries should be revisited when restricting revenue dollars for future growth of this area. Commissioner Heyman said that although she proposed that a County Commissioner serve on the CRA Board, her intent was not to limit that individual to a District Commissioner. Commissioner Edmonson noted she had three CRAs within her District and a portion of a fourth CRA in North Miami. She expressed concern that the County did not have any voice in the CRAs except for approving their budgets. She expressed appreciation to Commissioner Heyman for sponsoring this legislation, and questioned the County Attorney regarding the legality of mandating that a County Commissioner serve on the CRA Board. Assistant County Attorney Terrence Smith responded that the inclusion of a County Commissioner on a CRA Board would require voluntary negotiation. Commissioner Edmonson questioned whether the County had any recourse if a municipality refused to open the agreement. Assistant County Attorney Smith noted the County had been approached by representatives from the City of Miami and the Omni CRA regarding an amendment to that Interlocal Agreement. He noted if this proposed resolution was approved, the provisions contained therein would be incorporated into all future agreement pertaining to CRAs submitted for County Commission approval. Commissioner Edmonson inquired whether the County could negotiate with the CRAs when their budgets were presented to the County Commission for approval. Assistant County Attorney Smith responded that the concerns expressed by commissioners today would be conveyed in CRA negotiations before any proposed amendments were forwarded to the County Commission. Commissioner Heyman noted a small window of opportunity existed to change an Interlocal Agreement. She said the County did not meet last year’s deadline to change the State Statute regarding the CRA budget approval process, and questioned whether Representative Erik Fresen was prepared to support revisions to this legislation in the upcoming Legislative Session. Assistant County Attorney McCarty responded that discussions were underway with Representative Fresen regarding this issue; however, house bills had not yet been filed. Commissioner Heyman noted that if the window of opportunity for the Omni CRA was open and information was available on the scope of purchases and financial assets associated with entire city blocks within the CRA, the boundaries should be an open option pursuant to the Florida Statute and under the purview of the County Commission. Assistant County Attorney Smith noted the plan approved by the County Commission included the Miami Herald property, which was already located within the Omni CRA boundary. Ms. Jennifer Moon, Budget Director, Office of Management and Budget, pointed out that the boundaries and other financial issues were negotiable. She cautioned Committee members regarding the consequences of engaging in explicit dialogue about these issues today. Commissioner Heyman noted that this meeting was the appropriate venue to share her thoughts with her colleagues within the limitations of the Sunshine Law. She reiterated that all areas should be open to negotiation. In response to Commissioner Diaz' question regarding the number of votes required to dissolve a CRA, Assistant County Attorney Smith advised that a CRA could be dissolved only if they had no outstanding debt. Commissioner Diaz noted he believed that inasmuch as the County Commission created the CRA; it had the right to dissolve the CRA, provided the County assumed the CRAs outstanding debt. Assistant County Attorney Cynthia Johnson-Stacks clarified, for the record, that the County Commission had the authority to dissolve any entity it created. She explained that a State restriction prevented CRAs from being dissolved as long as any outstanding indebtedness existed. Commissioner Diaz spoke in support of the proposed resolution. He noted he was more concerned regarding situations where the County Commission had no control over CRAs and was blamed for failing to take appropriate action; and that the County Commission was not represented on the CRA Boards although the Board was ultimately responsible for them. Assistant County Attorney Johnson-Stacks noted CRAs were independent entities, and they were responsible for their own debt. She noted that the governing body (County Commission) would assume responsibility for the respective CRA if it was dissolved. Commissioner Bovo concurred with Commissioner Diaz that the County Commission should be represented on the CRA Board. He reminded Committee members that although the Genting Group had made a substantial investment in this project, a court appeals case existed for Hialeah Park as to whether the Florida Legislature could grant gaming, and assuming the appeal was rejected, the Legislature needed to decide whether they would allow gaming. Commissioner Bovo said that he believed decisions would be made quickly and that this development would be a significant creator of jobs in our community. Commissioner Bovo and Chairwoman Bell asked to be listed as co-sponsors to the foregoing proposed resolution. Chairwoman Bell noted that two CRA items on today’s agenda were evidence that the County Commission was proactive in helping facilitate CRAs and in ensuring that taxpayer dollars were spent appropriately. She gave a historical perspective, noting a CRA workshop was held where many CRAs made presentations to the County Commission. Members of the Board subsequently adopted a resolution urging the Florida Legislature to pass legislation giving the Commission more control over CRAs, and the County solicited sponsors of this legislation in last year’s session; however, another municipality’s CRA hired a lobbyist to defeat this effort. She noted concern that CRA dollars were now being used to support lobbyists. Chairwoman Bell also noted that she was informed that this legislation would be sponsored in the upcoming session and she looked forward to working cooperatively on this effort. She said the County needed to remain proactive in order to proceed in a timely manner once the State addressed these concerns. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 7/27/2011 Referred Internal Mgmt. & Fiscal Responsibility Committee 9/13/2011

County Attorney 7/27/2011 Assigned Terrence A. Smith

Legislative Text


TITLE
RESOLUTION DIRECTING MAYOR OR MAYOR’S DESIGNEE TO NEGOTIATE AN AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE CITY OF MIAMI AND THE OMNI COMMUNITY REDEVELOPMENT AGENCY RELATED TO THE FUTURE USE OF THE MIAMI HERALD PROPERTIES; DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO NEGOTIATE AN AMENDMENT TO SAID INTERLOCAL COOPERATION AGREEMENT TO PERMIT THE INCLUSION OF ONE MIAMI-DADE COMMISSIONER AS A MEMBER OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO SECTION 163.356(2), FLORIDA STATUTES AND RESOLUTION NO. R-1382-09; AND REQUIRING A REPORT

BODY

WHEREAS, the State of 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, (the “Act”); and
WHEREAS, all powers arising through the Act are conferred upon counties with home rule charters; and
WHEREAS, on July 7, 1987, the Miami-Dade Board of County Commissioners (“Board”) approved the establishment of the community redevelopment agency (“CRA”) when it declared the area to be slum and blighted; and
WHEREAS, pursuant to the Act, Miami-Dade County, Florida (the “County”), the City of Miami (the “City”) and the OMNI Community Redevelopment Agency (the “Agency”) entered into an Interlocal Cooperation Agreement (“Interlocal”) on June 24, 1996, as amended through the First Amendment to the Interlocal, dated December 31, 2007; and
WHEREAS, pursuant to the Interlocal the County, as a home rule county, has delegated certain of its powers to the City and the Agency; and
WHEREAS, on January 21, 2010, this Board adopted Resolution No. R-07-10, which approved an amendment to Redevelopment Plan (“Plan”) for the CRA and extended the CRA’s life until March 31, 2030; and
WHEREAS, among the projects identified in the Plan, The Miami Herald properties, which include The Miami Herald Building, the historic Shrine Building and surface parking lots (collective the “Herald Properties”), have been identified as a key to the redevelopment of the CRA; and
WHEREAS, the Plan proposes that redevelopment of the Herald Properties should focus on several objectives, including extending 14th Street to Biscayne Bay for pedestrian activities, providing development which supports street level activity surrounding the Performing Arts Center (“PAC”), parking alternatives for patrons of the PAC, and preservation of the historic Shrine building; and
WHEREAS, on June 1, 2011, The Miami Herald reported that its parent company sold the 14 acres of waterfront land surrounding The Miami Herald Building to Genting Malaysia Berhad (“Developer”), Asia’s third largest casino company; and
WHEREAS, it was further reported that the Developer intends to construct a project known as “Resorts World Miami”, which will include a hotel, convention space, restaurants, retail and some sort of residential component; and
WHEREAS, it was not reported that the Developer has plans construct a casino; and
WHEREAS, notwithstanding the future use of the Herald Properties, the Board wishes to ensure that any future use will benefit the County, the City and the CRA, and
WHEREAS, one way to address the Board’s desire and protect the interest of the CRA, whose purpose is to eliminate slum and blight, is to seek an amendment of the Interlocal that addresses the future use of the Herald Properties; and
WHEREAS, another way to ensure the County’s interest is further protected is to ensure that one of the Board’s members becomes a member of the Agency; and
WHEREAS, on December 1, 2009, the Board adopted Resolution No. R-1382-09, which authorized the Mayor or the Mayor’s designee to negotiate an amendment to each CRA’s interlocal cooperation agreement, which includes the Interlocal with the City and Agency, to ensure that one member of the Board serves as a member of the CRA as permitted by section 163.356(2) of the Florida Statute; and
WHEREAS, the City and the Agency was approached by the Mayor or the Mayor’s designee to commence negotiations, but the City and the Agency declined to participate in said negotiations; and
WHEREAS, the City and the Agency have recently expressed an interest in amending the Interlocal to address an unrelated matter; and
WHEREAS, as a condition of this Board considering and approving any additional amendments to the Interlocal, the Board desires that the City and Agency also negotiate an amendment that complies with this resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.
Section 2. The Board directs the Mayor or the Mayor’s designee to negotiate an amendment to the Interlocal between the County, the City and the Agency to address the future use of the Herald Properties by the Developer described herein to ensure that the County, the City’s and the Agency’s interests are protected.
Section 3. The Board directs the Mayor or the Mayor’s designee to also negotiate an amendment to the Interlocal between the County, the City and the Agency to provide for the appointment of one County Commissioner to the board of commissioners of the Agency pursuant to Resolution No. R-1382-09 and section 163.356(2) of the Florida Statute.
Section 4. The Board 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 the status of negotiations undertaken pursuant to this resolution.



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