Legislative Matter

Miami-Dade Legislative Item
File Number: 120250

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Clerk's Official Copy

File Number: 120250

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 12-23

Control: Board of County Commissioners

File Name: AMEND SEC 2-1889 APPT TO NW 7 AVE CRA

Introduced: 2/6/2012

Requester: NONE

Cost:

Final Action: 4/3/2012

Agenda Date: 4/3/2012

Agenda Item Number: 7C

Notes:

Title:

ORDINANCE AMENDING SECTION 2-1889 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE APPOINTMENT OF BOARD OF COMMISSIONERS OF THE N.W. 7TH AVENUE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

COMMUNITY REDEVELOPMENT AGENCY

Sponsors:

Audrey M. Edmonson, 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	4/3/2012	7C	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Monestime noted that N.W. 7th Avenue Community Redevelopment Agency (CRA) board members could be appointed only by amending this Ordinance. He suggested that an ordinance be enacted which would treat all CRA’s in the same manner. Commissioner Monestime commented that it was a lengthy process to appoint board members by ordinance, noting the difficulty experienced in selecting the current slate. He said he did not believe the goals of the N.W. 7th Avenue CRA needed to be compromised in order to satisfy current litigation against this CRA over this practice. Vice-Chairwoman Edmonson explained that she believed that all CRA’s were structured differently based upon their Interlocal Agreements. She noted she was aware of problems with the N.W. 7th Avenue CRA and its members for many years and proceeded to ask the Assistant County Attorney for his opinion. Assistant County Attorney Terrence Smith commented that a lawsuit was filed two years ago by two companies located within the CRA’s service area and that the constitutional challenge was over the methodology used by the County Commission to appoint CRA’s members. He noted they alleged that the Commission could not appoint members through resolution or ordinance, pursuant to State Statute. Assistant County Attorney Smith said the County presented its argument that the plaintiffs did not have standing to bring the lawsuit; however, the County’s motion to dismiss was denied and the case is scheduled for trial on July 5, 2012. He noted the plaintiff asked that CRA members be appointed by ordinance; therefore, the approval of this ordinance would moot the case and the court would no longer need to issue relief to the plaintiffs. Commissioner Monestime inquired whether the process used to approve other CRA’s members by resolution would now be illegal after the proposed change to approve the N.W. 7th Avenue CRA members by ordinance. Assistant County Attorney Smith responded that the plaintiffs in this case were only making allegations about the N.W. 7th Avenue CRA and that members of other CRAs could continue being appointed by resolution. He noted that the County believed the appointment process was clearly stated in the State Statute’s and that the County Commission has done nothing illegal. Assistant County Attorney Smith said the County would ask the court to dismiss the pending litigation on the grounds of mootness should this proposed ordinance be adopted. In response to Commissioner Monestime’s question about the impact on this CRA by appointing board members by ordinance, Assistant County Attorney Smith responded that the appointment process would be lengthier by ordinance than by resolution. He explained that the court denied a previous motion to dismiss when this argument was presented. Commissioner Monestime inquired whether it was appropriate to offer an amendment allowing all CRA board members to be appointed by ordinance. Vice-Chairwoman Edmonson did not accept Commissioner Monestime’s amendment to the forgoing proposed ordinance; however, suggested that he could present this option in the future. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented.

Internal Mgmt. & Fiscal Responsibility Committee	3/13/2012	1F3	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Oren Rosenthal read the foregoing proposed ordinance into the record. Chairwoman Bell opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Committee proceeded to vote on this proposed ordinance as presented.

Board of County Commissioners	2/21/2012		Tentatively scheduled for a public hearing	Internal Mgmt. & Fiscal Responsibility Committee	3/13/2012

Board of County Commissioners	2/21/2012	4B	Adopted on first reading		3/13/2012		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management and Fiscal Responsibility Committee on Tuesday, March 13, 2012 at 2:00 p.m.

County Attorney	2/6/2012		Referred	Internal Mgmt. & Fiscal Responsibility Committee	3/13/2012

County Attorney	2/6/2012		Assigned	Terrence A. Smith

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 2-1889 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE APPOINTMENT OF BOARD OF COMMISSIONERS OF THE N.W. 7TH AVENUE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1889 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec 2-1889. Appointments.

[[Appointments of the initial and all subsequent chairs, vice-chairs and members of the Agency shall be made by resolution of the Board.]]

>> (a) The Board hereby appoints the following persons to the position of commissioners of the Agency each of whom shall serve a four-year term from the effective date of their appointments pursuant to Resolution Nos. R-1370-08, R-86-09 and R-571-11, respectively, which are ratified and approved by this ordinance:

(i) Mack Samuel;
(ii) Dr. Mae Bryant;
(iii) Alphoncia Lafrance-Mompremier;
(iv) Todd Ruderman;
(v) Gene Lamondo;
(vi) William Wallace IV; and
(vii) Donald E.W. Kressly.

(b) The Board hereby designates Alphoncia Lafrance-Mompremier as Chair and Todd Ruderman as Vice Chair of the Agency.

(c) All future appointments of chairs, vice-chairs and board of commissioners of the Agency shall be made by amendment to this Ordinance.

(d) All prior and current appointments made pursuant to Resolution Nos. R-1370-08, R-86-09, R-164-10 and R-571-11 are ratified and approved by this ordinance, as of the effective date of the appointments provided by these resolutions.<<

Section 2. 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 3. 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 4. 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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.