Miami-Dade Legislative Item
File Number: 112514
   Clerk's Official Copy   

File Number: 112514 File Type: Resolution Status: Adopted
Version: 0 Reference: R-875-11 Control: Board of County Commissioners
File Name: AMENDMENT TO INTERLOCAL AGRMT W/OMNI CRA Introduced: 11/29/2011
Requester: NONE Cost: Final Action: 10/4/2011
Agenda Date: 10/4/2011 Agenda Item Number: 11A6
Notes: THIS IS 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 [SEE ORIGINAL ITEM UNDER FILE NO. 111584]
Indexes: INTERLOCAL AGREEMENT
  OMNI COMMUNITY REDEVELOPMENT
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

County Attorney 11/29/2011 Assigned Terrence A. Smith

Board of County Commissioners 10/4/2011 11A6 AMENDED^ Adopted as amended P
REPORT: Commissioner Heyman noted Agenda Item 11A6 proposed that a County representative be placed on the Omni Community Redevelopment Agency (CRA). She said that it was important to provide a means in the Interlocal agreement for the County to receive a portion of the funds for related costs that it may have to absorb. She asked the County Attorney to read the amendment. Assistant County Attorney Cynthia Johnson-Stacks noted Commissioner Heyman had requested that the foregoing proposed resolution be amended to insert a new paragraph on handwritten page 6 Section 2 to read as follows. “The Board directs the Mayor or Mayor’s designee to negotiate an amendment to the Omni CRA Interlocal agreement between the County, the City, and the Agency whereby the parties agree to address the future use of the Miami Herald properties; and any adjacent properties used to develop the Resorts World Miami Project; and to require the Agency in addition to the requirements set forth in the Interlocal agreement as amended, to remit annually to the County’s General Fund at the end of the Agency’s fiscal year a minimum of 45 percent of the County’s tax increment revenue generated as a result of the Resorts World Miami Project, as it may be renamed or operated under a doing business as (dba), or fictitious name in the future; and to negotiate any additional fiscal arrangements in the best interest of the County while ensuring that the County and the City’s agencies interests are protected.” Commissioner Heyman noted the importance for the County to have a representative on the Omni CRA to ensure that the County’s views were reflected. She said she wanted to ensure that the County would receive some funds from the Resorts World Miami Project, as well as a say in the distribution of the revenue for the benefit of the community. Commissioner Jordan said that her only concern was that the district commissioner should be represented on the Omni CRA, noting this was dealt with earlier. Commissioner Suarez asked Commissioner Heyman whether her intention was to require that a minimum of 45 percent of the revenues be remitted to the County’s General Fund, or whether she agreed with the Mayor’s recommendation that an entirely different formula be used for the CRA funds generated from this project. He pointed out that it might be useful to re-analyze the CRA concept in view of a project of this magnitude. Commissioner Heyman noted while she could not speak for the Mayor, in drafting this item they tried to avoid limiting the Mayor’s ability to negotiate. She said that the 45 percent represented the minimum that the County should seek to receive. She stated that one of the recommendations from the Finance Department was for the funds to be put directly in the General Fund. In response to Commissioner Suarez’ question as to whether the Commission would be represented by one commissioner on the CRA. Commissioner confirmed that her recommendation would be for Commissioner Edmonson to sit on the CRA since this project would be in her district. Commissioner Suarez said that he would like to hear from the Mayor as to whether he was in favor of this amendment, or whether he believed it was best that an entirely different formula be used for the CRA funds generated from this project. Commissioner Moss noted he would also like to hear from the Mayor. He stated that his views on CRAs were that they were intended to revitalize disadvantaged areas; and once the area had been revitalized, the initial investment had to be returned to the County. He said that should the area under discussion be revitalized like South Beach, the initial investment should be returned to the County to be re-invested elsewhere. He suggested that a threshold be established for future agreements that would trigger re-negotiations to enable the County to receive a return on its investment. Mayor Carlos Gimenez asked to be given as much flexibility as possible to re-negotiate this agreement. He said that the sponsors of the Bill in Tallahassee had indicated that should this project be approved, there would be a process involving the local jurisdictions, including the concerned city and the County. He stated that only when the city and the County agreed would the state consider the application. Mayor Gimenez said he believed the City would agree to renegotiate the entire CRA agreement for a project of that size, because it was in its interest. He noted he agreed with Commissioner Moss that if the area was no longer a slum, a major project such as this one should benefit all of Miami-Dade. However, noted the Mayor, as negotiations progressed, he wanted to have as much flexibility as possible bearing in mind that the Commission members would have to approve whatever he negotiated. Responding to Commissioner Moss question as to whether the legislation as it was currently presented gave him the necessary flexibility, Mayor Gimenez confirmed that it did, but it was limited to the Miami Herald property. He indicated that ideally he would like to re-negotiate the agreement for the entire CRA, including what percentage of the revenues the city and County would receive. Pursuant to Commissioner Moss’ question as to how much was the County’s TIF contribution, the Mayor indicated that it was 95 percent. He said that the County also had a separate agreement on this particular CRA concerning the PAC, and as a result a certain amount of money would be returned to the County. However, he suggested that the agreement be re-negotiated for the entire CRA; that the County ensure that the bond obligations for the CRA were satisfied; that the County ensure that its debt obligations were satisfied; and whatever additional funds were left over should be subject of negotiations. In response to Commissioner Moss’ question as to what were the city’s contributions, Deputy Mayor Ed Marquez explained that the city contributed 60 percent of the total TIF to the Omni District. Mayor Gimenez clarified that as the city’s millage was higher than the County’s, 95 percent of the revenues that the County as well as the city would receive went into the CRA. Commissioner Moss noted the County should be fair in this process, but he believed that it was important to institute a threshold for future agreements that would trigger re-negotiations, because at that point the CRA would have been revitalized, and the County’s assistance should not be perpetual. He said that in some areas, the County’s assistance would be required for a very long time; however, in the case of the Omni CRA or South Beach, the County should receive a return on its investment. Vice Chairwoman Edmonson noted she agreed completely with Commissioner Moss’ suggestion. She asked the Mayor whether the approval of the foregoing proposed resolution which only dealt with the Miami Herald property would hinder him in his negotiations on the entire CRA. Mayor Gimenez noted language had been added to the foregoing proposed resolution that gave him the ability to negotiate any fiscal arrangement in the entire CRA; and in that case, it gave him the required flexibility to negotiate. He asked the County Attorney to confirm this on the record. Assistant County Attorney Cynthia Johnson-Stacks confirmed that the language added to the foregoing proposed resolution requested that the Mayor be given the latitude “to negotiate any additional fiscal arrangements in the best interest of the County while ensuring that the County and the City’s agencies interests are protected.” She said that this language was intended to give the Mayor the ability to negotiate not only with respect to the Miami Herald property, but with respect to other areas as well. Vice Chairwoman Edmonson indicated that she wished to co-sponsor the foregoing proposed resolution. She asked the Mayor if the opportunity arose, whether the County could re-negotiate with all of the CRAs. Mayor Gimenez said that some of the CRAs were a long way from accomplishing their goals, while others had already accomplished their goals. He pointed out that the CRA agreements were written in such a way several years ago that the County did not have the possibility to force a city to negotiate. He suggested that for any future CRAs, the language be amended to give the County the ability to re-negotiate the agreement periodically. Hearing no further comments or questions, the Board members proceeded to vote on the foregoing proposed resolution, as amended.

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 Omni  CRA Interlocal Agreement between the County, the City and the Agency whereby the parties agree to address the future use of the Herald Properties, and any adjacent properties used to develop the Resorts World Miami project and to require the Agency, in addition to the requirements set forth in the Interlocal, as amended, to remit annually to the County’s General Fund at the end of the Agency’s fiscal year a minimum of 45% of the County’s tax increment revenue generated as a result of the Resorts World Miami project, as it may be renamed or operated under a d/b/a or fictitious name in the future and to negotiate any additional fiscal arrangements in the best interests of the County, while ensuring 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.



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.