Legislative Matter

Miami-Dade Legislative Item
File Number: 112361

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Clerk's Official Copy

File Number: 112361

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-979-11

Control: County Commission

File Name: FY 2008-2012 CONSOLIDATED PLAN RE: 3 PARCELS OF REAL PROPERT

Introduced: 11/4/2011

Requester: Public Housing and Community Development

Cost:

Final Action: 11/15/2011

Agenda Date: 11/15/2011

Agenda Item Number: 8L2

Notes:

TLL- 11/4/2011

Title:

RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE FY 2008 - 2012 CONSOLIDATED PLAN ALLOWING FOR A CHANGE IN THE USE OF PROPERTY FORMERLY INTENDED TO BE USED AS THE POINCIANA INDUSTRIAL CENTER; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO IN FURTHERANCE OF THE PURPOSES OF THIS RESOLUTION; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 112060]

Indexes:

CONSOLIDATED PLAN

Sponsors:

Jean Monestime, 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	11/15/2011	8L2	Adopted				P

County Mayor	11/4/2011		Assigned	Russell Benford	11/4/2011	11/4/2011

County Mayor	11/4/2011		Assigned	County Attorney	11/15/2011
REPORT:	AMENDED PHCD (AMEND TO LEG# 112060) (ASST. COUNTY ATTY: BRENDA NEUMAN-KUHNS) (AMENDMENTS ARE ONLY WITHIN THE MAYOR'S MEMO)

County Attorney	11/4/2011		Assigned	Brenda Kuhns Neuman

Economic Development & Social Services Committee	10/26/2011	1F2 AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. Chairwoman Sosa opened the public hearing. The following persons appeared before the Committee and spoke in connection with this proposed resolution: Mr. Roy Hardemon, 1700 NW 63 Street, Model City Community Advisory Committee, appeared and expressed that this proposed resolution would change the land use for only three parcels of the Poinciana Industrial Center. He noted the need for the development of a health clinic for the community surrounding the three parcels. Mr. Al Hardemon, 1700 NW 63 Street, appeared and spoke in connection with community partnerships for development of the Poinciana Industrial Center site. He noted that OR Ding Construction (phonetic) and Lawrence Development Corporation LLC had proposals with community participation for the development of the remaining parcels on this site. Mr. John Dixon, Deputy Director, Miami-Dade Economic Advocacy Trust (MDEAT), appeared and expressed that MDEAT was concern with unemployment within the immediate Poinciana Industrial Park area. He noted that unemployment for Miami-Dade County was approximately 30% and recognized that the proposed project provided a great opportunity for the local residents. Mr. Dixon stated that there must be a connection between the jobs and the training for local residents in the area in order for the community to benefit. He asked for the Committee’s consideration for any medical facility development opportunities on this site and noted training should begin for future jobs in that industry. Hearing no one else wishing to speak on this proposed resolution; Chairwoman Sosa closed the public hearing. Assistant County Attorney Terrence Smith advised the Committee members of a scrivener’s error on handwritten page 3 that should be corrected to reflect the three parcels listed as “Tracts G, N and O” instead of “Tracts A, B and C. It was moved by Commissioner Monestime that the Committee forward this proposed resolution with a favorable recommendation with a Committee amendment(s) to correct a scrivener’s error on handwritten page 3, to reflect the three parcels listed as “Tracts G, N and O” instead of “Tracts A, B and C.” Chairwoman Sosa seconded this motion. Chairwoman Sosa commended Commissioner Monestime on his leadership for this proposed resolution and his effort to attract businesses for the surrounding areas of Poinciana Industrial Center site. She expressed her full support of all efforts to develop this site. Chairwoman Sosa recognized and expressed appreciation to Congresswoman Fredericka Wilson for her leadership as well for this site. Ms. Alex Snyder, Chief of Staff for Congresswoman Wilson, appeared before the Committee and informed the Committee members that Congresswoman Wilson worked diligently, during her tenure, on accessing State funding to develop the health clinic at the Poinciana Industrial Center site. She expressed, on Congresswoman Wilson’s behalf, appreciation to the Committee members for their support on this proposed resolution. Commissioner Monestime spoke in support of building the health clinic on the subject property. He pointed out that, according to the most recent national statistics, the subject area was in desperate need of quality healthcare services. He congratulated Congresswoman Wilson for the work she had done in the Florida House and Senate regarding the funding for this project. Commissioner Monestime noted that he sent a memorandum to the County Mayor’s office requesting incentives associated with Poinciana Industrial Park to market that site for development. He stated that he had not received a response to his request from the Mayor’s office. Commissioner Monestime stated that the Poinciana Industrial Park site had the potential to be the trendsetter in the subject area in terms of job creation and bringing development to the area as well. He further noted the need to maximize the potential development for the Poinciana Industrial Park site. Commissioner Monestime questioned whether there was an agreement between the parties providing that, prior to commencement of the design for the health clinic, the County could substitute an alternate site for the Project. In response to Commissioner Monestime’s question, Deputy Mayor Russell Benford explained that the accompanying County Mayor’s memorandum to the foregoing proposed resolution contained language that would allow for the potential substitution of an alternate site for the Project. Commissioner Monestime requested Deputy Mayor Russell Benford and the Public Housing and Community Development Director to provide this Committee with a plan that would maximize the Poinciana Industrial Center site, address the needs in the surrounding community such as jobs and for other opportunities in the area for its resident. He also, asked that the plan include how to market this site for future development. In addition, he requested Deputy Mayor Benford to provide quarterly reports to this Committee regarding the status of the development of the health clinic on the subject site, as proposed in this resolution, as suggested by Chairwoman Sosa. Commissioner Moss noted the past efforts for this subject site. He recommended that the Administration present and review with Commissioner Monestime any existing site plan that was still relevant for the Poinciana Industrial Park. Commissioner Moss noted that currently the Administration was developing a process to build metro rail cars locally, which might create an opportunity to locate a facility on the Poinciana Industrial Park site for construction of these cars. He asked Commissioner Monestime to explore that option as well. Hearing no further questions or comments, the Committee proceeded to vote on this proposed resolution, as amended.

Legislative Text

TITLE
RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE FY 2008 - 2012 CONSOLIDATED PLAN ALLOWING FOR A CHANGE IN THE USE OF PROPERTY FORMERLY INTENDED TO BE USED AS THE POINCIANA INDUSTRIAL CENTER; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO IN FURTHERANCE OF THE PURPOSES OF THIS RESOLUTION; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the County Mayor or County Mayor�s designee to amend the FY 2008 � 2012 Consolidated Plan allowing for a change in the use of three parcels located near NW 75th Street and NW 27th Avenue in the Poinciana Industrial Center, currently owned by Miami-Dade County; authorizes the County Mayor or County Mayor�s designee to execute and, where applicable record, contracts, leasehold mortgages, restrictive covenants or other agreements and amendments, as are required, following approval by the County Attorney�s Office and subject to proper execution by the parties; and to exercise the cancellation provisions contained therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Amending the FY 2008 � 2012 Consolidated Plan to Change the Use of Three Parcels of Real Property Formerly Intended to be Used as the Poinciana Industrial Center

This item has been amended to reflect the change made at the October 26, 2011 Economic Development and Social Services Committee meeting. Specifically, the item is amended to reflect on handwritten page 3, the three parcels of land listed as Tract A, Tract B, and Tract C should read as Tract G, Tract N, and Tract O.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve a substantial amendment to the FY 2008 � 2012 Consolidated Plan allowing for a change in the use of three parcels of real property formerly intended for use in the Poinciana Industrial Center to now be leased to the Florida Department of Health for use as a health clinic for low- to moderate-income residents. The three (3) parcels, located near NW 75th Street and NW 27th Avenue, were acquired utilizing Community Development Block Grant (CDBG) funds.

Scope
The three (3) parcels currently owned by Miami-Dade County are located in Commission District 2. As approved by the BCC on July 19, 2011, the State of Florida Department of Health will enter into a long-term lease agreement with Miami-Dade County for the three (3) parcels, on which it proposes to construct a new health clinic that would serve residents of Miami-Dade County, and specifically, low-to moderate-income residents of the immediate area. Upon completion of construction of the medical facility, the new facility would be owned by the County pursuant to Chapter 154 of the Florida Statues. The approval of this item would greatly benefit low- and moderate-income families who were significantly impacted by the recent closure of these two neighborhood medical clinics.

Fiscal Impact/Funding Source
There is no fiscal impact to the County, as the Department of Health will be responsible for the construction of this new facility.

Track Record/Monitoring
The Department of Housing and Community Development (DHCD) will monitor the progress of the State of Florida Department of Health in developing the health clinic and meeting the national objective, including executing the County�s standard CDBG contract.

MANAGER'S BACKGROUND
Background
The Poinciana Industrial Center (PIC) parcels were purchased by the Office of Community and Economic Development (now the Department of Housing and Community Development) in the mid 1980�s after the civil disturbances that impacted major areas of the City of Miami and unincorporated Miami-Dade County. Approximately 29 acres of land were acquired by DHCD from 1984 to 1985 in the PIC utilizing CDBG funds.

On July 19, 2011, the Board of County Commissioners (BCC) passed Resolution R-624-11, which authorized the County to enter into an agreement with the Florida Department of Health to lease three (3) parcels of land at the Poinciana Industrial Center (PIC) for the development of a new health clinic. As authorized under the Resolution, the County will enter into an agreement with the Florida Department of Health that would provide the State with up to five (5) years after the Agreement is executed to secure adequate funding to construct a mutually agreeable, suitable facility on the subject three (3) parcels. The lease agreement that was approved by the BCC July 19, 2011, is contingent upon the approval of this item.

The legal descriptions of the parcels are as follows (see Attachment A for a map of the parcels):

* Tract G
o Size of Property: Approximately 1.17 acres
o Property Folio Number: 30-3110-073-0010
o Legal Description: �Poinciana Industrial Center West PB 159-23 T-17340 Tract G Lot Size 1.165 AC M/L FAU 30-3110-028-1881.�
o Address: NW 75 Street and NW 27 Avenue

* Tract N
o Size of Property: Approximately 1.45 acres
o Property Folio Number: 30-3110-073-0020
o Legal Description: �Poinciana Industrial Center West PB 159-23 T-17340 Tract N Lot Size 1.454 AC M/L FAU 30-3110-000-0230 0250 & 0260 & 30-3110-031-0130 0150 & 0160.�
o Address: 7440 NW 26 Avenue

* Tract O
o Size of Property: Approximately 1.70 acres
o Property Folio Number: 30-3110-073-0030
o Legal Description: �Poinciana Industrial Center West PB 159-23 T-17340 Tract O Lot Size 1.699 AC M/L FAU 30-3110-029-0160 0170 & 30-3110-031-0110.�
o Address: 2520 NW 75 Street
Notwithstanding the foregoing, the parties agree that prior to the commencement of design the County may substitute an alternative site for this Project provided that:

a) the site is large enough to accommodate the Project;
b) is in a location determined by the DOH as the area to be served by this Project;
c) is in a location convenient for the population to be served, and
d) will not increase the overall budget for the construction of the clinic.

Attachment

_______________________________
Deputy Mayor