Legislative Matter

Miami-Dade Legislative Item
File Number: 122500

Printable PDF Format

Clerk's Official Copy

File Number: 122500

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-50-13

Control: Board of County Commissioners

File Name: BEACON COUNCIL LEGISLATION

Introduced: 12/20/2012

Requester: NONE

Cost:

Final Action: 1/23/2013

Agenda Date: 1/23/2013

Agenda Item Number: 11A10

Notes:

Title:

RESOLUTION ESTABLISHING A POLICY URGING THE BEACON COUNCIL, INC. TO UTILIZE $1,044,225.00 IN LOCAL BUSINESS TAX REVENUES TO PROMOTE SMALL BUSINESSES ASSISTED THROUGH THE MIAMI-DADE COUNTY MOM AND POP SMALL BUSINESS GRANT PROGRAM AND OTHER COUNTY SMALL BUSINESS PROGRAMS; AND REQUIRING A REPORT FROM THE BEACON COUNCIL

Indexes:	BEACON COUNCIL
	SMALL BUSINESS PROGRAMS
	GRANT

Sponsors:	Sally A. Heyman, Prime Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, 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	1/23/2013	11A10	Adopted				P
REPORT:	Commissioner Heyman noted this resolution only urges the Beacon Council to use a portion of its funds to promote small businesses since it receives a portion of the local business tax revenues derived from fees (formerly occupational license fees) levied on local businesses. She also explained that the ‘Mom and Pop’ Small Business Program was presently funded through Commission District Office Budgets and she proposed that the Beacon Council begin assisting local small businesses by using an amount of funds equitably valued to the Mom and Pop program allocation. Commissioner Heyman submitted, for the record, a packet containing an article and several documents from Mr. Leroy Jones of the Neighbors and Neighbors Association. Commissioner Bovo echoed the sentiments of Commissioner Heyman, noting he supported additional assistance provided to the local small businesses. He asked to be added as a co-sponsor of this proposed resolution. Commissioner Bovo commented that representatives of the Beacon Council had discussed with him the challenges faced by small businesses and expressed the desire to become more proactive with the Mom and Pop program. Commissioner Jordan also asked to be added as a co-sponsor to this proposed resolution. She pointed out that the allocation for the Mom and Pop program was established by policy, and asked if the funding proposed in this resolution for the Beacon Council to use on the SB program could be adjusted accordingly with increases in the local business tax revenues. Commissioner Jordan noted her preference that the amount be adjusted proportionally with the tax growth, rather than be a fixed amount. Commissioner Heyman reiterated that the Beacon Council was only urged by this resolution to use a specific amount but this amount could always be increased. She said she would like to see the amount increased as the revenue increased. Commissioner Heyman noted the possibility of tying the funding to some relevant indicator; however, she was comfortable with linking the funding directly to the Mom and Pop Program allocation even though that amount was less than one-third of the current local business tax revenues. Commissioner Jordan suggested as a friendly amendment that the minimum amount be equal to one-third of the tax revenues collected. Commissioner Heyman expressed concern with adjusting the amount to the tax revenues in the event of a decline in business tax revenues. Commissioner Jordan pointed out that adjustments would need to be made for all County budgets, including the Beacon Council and the Mom and Pop program in the event the County had a bad year. She noted her amendment was intended to provide some flexibility without the amount being locked to the Mom and Pop allocation should tax revenues increase. Chairwoman Sosa noted her primary concern was that the amount was already approved in the County budget and that the language in this resolution was too broad. She expressed concern that according to the language, the funds would not be invested into the small businesses, but used only for marketing purposes and that money taken from one source could be given to the marketing companies. Chairwoman Sosa pointed out that the Mom and Pop program allocation could always be increased during the budget cycle but she wanted the Beacon Council to focus on bringing new business to the County. She said the Administration and the Beacon Council should discuss the impact of this proposal and any alternatives. Chairwoman Sosa respectfully requested the sponsor considered referring this item to the committee of jurisdiction for further discussion. Commissioner Heyman noted that Florida Statute Section 205.033(6)(b) was cited in this resolution authorizing the County to collect a business tax and distribute those funds to a designated organization or agency to oversee and implement a comprehensive economic development strategy. She said this resolution authorized the Beacon Council as the recipient of the local business tax revenue to utilize a portion of those funds to promote small businesses through the Mom and Pop program. Commissioner Heyman noted the County could not change the Statute and the Beacon Council could only be urged to comply. She requested that the Beacon Council provide compliance information in the reports they provide to the County Commission if they were already complying. Chairwoman Sosa commented that the Beacon Council should do more for the small businesses. She noted she would yield to the sponsor to make the decision; however, she preferred this issue be discussed further at the committee level. Vice Chair Bell noted although she supported the intent of this item, she asked to be given the opportunity to work it out with the Beacon Council through the Economic Development Committee which she chairs. She also noted she previously introduced legislation that included a line-item budget and provided more transparency, but it received resistance from the Beacon Council. Vice Chair Bell said she subsequently met with Beacon Council board members and believed this matter could be resolved. She concurred with Commissioner Heyman’s concerns that small businesses were being neglected; however, she felt that the foregoing resolution was tailored too specifically to the Mom and Pop Program. Vice Chair Bell asked for some leeway to bring back her original legislation and discuss it before the committee of jurisdiction, to hopefully come up with some possible strategies for the Beacon Council to expend these funds. Chairwoman Sosa noted that if it was the will of the Board to vote on this item today (1/23), she would allow the discussion to continue; otherwise, she suggested the item be referred back to the committee of jurisdiction. Commissioner Heyman pointed out that the language in the resolution ‘other county small business programs’ designated the Mom and Pop Program as a budget source directed to the Beacon Council. She said she preferred to take action on this matter today (1/23) because she had received numerous complaints and waited a long time for it to be resolved. At Chairwoman Sosa’s direction, the Board continued the discussion. Commissioner Edmonson pointed out that the proposed resolution was only an urging and Board members were not prevented from bringing forth other legislation. She also pointed out the funds set aside for economic development included small businesses and although small businesses accounted for the hiring of 95 percent of the county’s population they did not benefit much from these funds. She said she would support this resolution. Commissioner Diaz concurred and noted that small businesses needed support. He asked Vice Chair Bell to consider proposed methods before the committee of jurisdiction to increase the funding for promoting small businesses. Commissioner Monestime spoke in support of this resolution, noting that small businesses were the lifeline of this community. He said he trusted the Chairwoman’s judgment to send this item back to the committee of jurisdiction for review and believed this process would benefit all involved parties. Commissioner Moss asked to be listed as a co-sponsor of this resolution. He noted that although this item should be reviewed by the committee of jurisdiction, he had no problems with voting on it today (1/23) because it was only an urging. Commissioner Moss said it would send a message to the Beacon Council that it needed to concentrate more on promoting small businesses. He said he was not totally satisfied with the way the Metro-Miami Action Plan funding (currently the Miami-Dade Economic Advocacy Trust) was used for this purpose and felt changes needed to be made to the current process. Chairwoman Sosa concurred with Commissioner Moss comments. Commissioner Bell said she would support this resolution, noting she felt comfortable that it urged the Beacon Council to provide additional assistance to small businesses and that this matter would be discussed further before the committee of jurisdiction. Commissioner Monestime asked to be added as a co-sponsor to Vice Chair Bell’s original item when brought back for consideration. Hearing no further comments or questions, the Board proceeded to vote on this resolution as presented.

County Attorney	12/20/2012		Assigned	Terrence A. Smith		1/10/2013

Legislative Text

TITLE
RESOLUTION ESTABLISHING A POLICY URGING THE BEACON COUNCIL, INC. TO UTILIZE $1,044,225.00 IN LOCAL BUSINESS TAX REVENUES TO PROMOTE SMALL BUSINESSES ASSISTED THROUGH THE MIAMI-DADE COUNTY MOM AND POP SMALL BUSINESS GRANT PROGRAM AND OTHER COUNTY SMALL BUSINESS PROGRAMS; AND REQUIRING A REPORT FROM THE BEACON COUNCIL

BODY
WHEREAS, the County has demonstrated a countywide commitment to assisting small owned and operated businesses (�Mom and Pop Businesses�) throughout Miami-Dade County; and
WHEREAS, this Board established the Mom and Pop Small Business Grant Program (�Mom and Pop Program�) to provide financial and technical assistance to qualified Mom and Pop Businesses in Miami-Dade County that are approved for funding; and
WHEREAS, the Mom and Pop Program was also established to encourage and support Mom and Pop Businesses that create jobs and provide goods and services to Miami-Dade County residents; and�
WHEREAS, the County�s FY 2012-2013 Budget includes an allocation of $1,044,225.00 to the Mom and Pop Program; and
WHEREAS, the continued funding of the Mom and Pop Program has allowed Mom and Pop Businesses the opportunity to interact with local government under favorable conditions; and
WHEREAS, the Mom and Pop Program has grown each year and is now being offered countywide; and
WHEREAS, because of the success of the Mom and Pop Program, many Mom and Pop Businesses contribute significantly to the economy in Miami-Dade County; and
WHEREAS, one of the many ways these Mom and Pop Businesses contribute to Miami-Dade County�s economy is by paying the local business tax; and
WHEREAS, Section 205.032, Florida Statutes, authorizes a county to levy a business tax for the privilege of engaging in or managing any business, profession, or occupation within in its jurisdiction; and
WHEREAS, Section 205.033(6)(b), Florida Statutes, imposes certain conditions on the authority of each county to impose said business tax and authorizes certain counties, including Miami-Dade County, to levy and collect an additional business tax, which shall be distributed each fiscal year to an organization or agency designated by the county to oversee and implement a comprehensive economic development strategy through advertising, promotional activities, and other sales and marketing techniques (�Economic Development Strategy�); and
WHEREAS, on June 11, 1987, this Board adopted Ordinance No. 87-38, codified at Section 8A-171.2 of the Code (�Code�), requiring applicants for new or renewed local business tax receipts to pay this additional amount of tax; and
WHEREAS, The Beacon Council, Inc. (�Beacon Council�) as one of the County�s partners, has been designated through the Code as the agency responsible for promoting economic development and growth in Miami-Dade County by utilizing Economic Development Strategies; and
WHEREAS, the Beacon Council currently receives local business tax revenues to oversee and implement the County�s Economic Development Strategy; and
WHEREAS, the annual revenue generated from said source is in excess of three million dollars; and
WHEREAS, the Beacon Council is committed to enhancing businesses in Miami-Dade County, in addition to affecting new businesses; and
WHEREAS, during the Board�s Internal Management and Fiscal Responsibility Committee meeting on October 16, 2012, the Committee considered, but deferred a resolution related to renegotiating the present agreement with the Beacon Council; and
WHEREAS, during the Committee meeting, Committee members heard from many leaders in the community including but not limited to Mr. Leroy Jones, President and Chief Executive Officer of Neighbors and Neighbors Association, who has been instrumental in making the County�s Mom and Pop Program a success; and
WHEREAS, Mr. Jones testified that although small businesses contribute to the local business tax revenues, those funds are presently used to attract large businesses which were in direct competition with small businesses; and
WHEREAS, Mr. Jones testified further that a portion of local funding should go directly back to the Mom and Pop businesses that generated this income; and �
WHEREAS, the Board finds that the local business tax revenues should benefit all businesses in Miami-Dade County; and
WHEREAS, the Board finds that oftentimes Mom and Pop Businesses do not have the financial means of promoting themselves through advertising, promotional activities, and other sales and marketing techniques; and
WHEREAS, the Board finds that the Mom and Pop Program, and other programs such as the County�s Community Small Business Enterprise, Small Business Enterprise and Community Business Enterprise Programs that are designed to assist small businesses should not be the sole means of assisting Mom and Pop Businesses and other small businesses in Miami-Dade County; and
WHEREAS, the Board desires to establish a policy that the Beacon Council,�as a recipient to the local business tax revenues, utilize $1,044,225.00 of the local business tax revenues (�Revenue�) to fund an Economic Development Strategy that promote Mom and Pop Businesses assisted through the Mom and Pop Program; and
WHEREAS, the Board further desires that the Beacon Council divide the Revenue in thirteen (13) equal parts, i.e. $80,325.00, to be allocated to the thirteen (13) County Commission districts for the purposes stated herein,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. The Board hereby establishes a policy urging the Beacon Council to utilize $1,044,225.00 in local business tax revenues to be divided in thirteen (13) equal parts and allocated to the thirteen (13) County Commission Districts, to fund economic development strategies utilizing advertising, promotional activities, and other sales and marketing techniques that promote Mom and Pop Businesses assisted primarily through the County�s Mom and Pop Program. Said funds are also to be utilized to assist small businesses participating in programs such as the County�s Community Small Business Enterprise, Small Business Enterprise and Community Business Enterprise Programs. The implementation of the Board�s policy is subject to agreement by the Beacon Council.
Section 3. The Board directs the Beacon Council to submit a report to this Board within sixty (60) days of the effective date of this resolution. The report shall include, but is not limited to, any steps taken by the Beacon Council to implement the policy of the Board as more fully described herein.