Legislative Matter

Miami-Dade Legislative Item
File Number: 150460

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File Number: 150460

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-334-15.

Control: Board of County Commissioners

File Name: ECONOMIC DEVELOPMENT FUND PROJECT 124: PALMETTO BAY

Introduced: 2/26/2015

Requester: NONE

Cost:

Final Action: 4/21/2015

Agenda Date: 4/21/2015

Agenda Item Number: 11A7

Notes:

Title:

RESOLUTION WAIVING ADMINISTRATIVE RULES FOR ECONOMIC DEVELOPMENT FUND PROJECT 124 OF BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM, SUBJECT TO RECAPTURE, APPROVING ALLOCATION OF UP TO $7,500,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 124 TO VILLAGE OF PALMETTO BAY TO FUND DOWNTOWN PALMETTO BAY DEVELOPMENT PROJECT, AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO NEGOTIATE TERMS OF AN INTERLOCAL AGREEMENT WITH VILLAGE OF PALMETTO BAY PURSUANT TO BOND PROGRAM’S ADMINISTRATIVE RULES AND PRESENT SUCH INTERLOCAL AGREEMENT OR, ALTERNATIVELY, A REPORT FOR CONSIDERATION BY BOARD

Indexes:	PALMETTO BAY

	ECONOMIC DEVELOPMENT FUND

Sponsors:

Daniella Levine Cava, 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	4/21/2015	11A7	Adopted				P
REPORT:	It was moved by Commissioner Levine Cava that the Board adopt the foregoing proposed resolution. This motion was seconded by Commissioner Moss, followed by discussion. Commissioner Levine Cava noted what this item was proposing was consistent with the County’s infrastructure development and job creation priorities. She said it was similar to the Flagler project, which received a grant from Project 124; and it would be a game-changer for the Village of Palmetto Bay. Commissioner Moss recognized Mr. Ron Williams, the former City Manager, who was present in the Chambers. He noted this was a good project, and it would only be funded if funds were recaptured from other projects that had not been implemented. Responding to Commissioner Sosa’s question as to whether this was City-owned land, Commissioner Levine Cava confirmed that it was owned by the Village of Palmetto Bay. Commissioner Heyman expressed her concerns about using Project 124 funds, which utilized all of the moneys set aside under the General Obligations Bond (GOB) Program. She asked the Assistant County Attorney whether in the future the GOB Advisory Board would make recommendations regarding which projects should be awarded funds. Assistant County Attorney Gerald Heffernan noted the Board members may decide to allow the Advisory Board to have input into which projects should be awarded the funds. He said that currently, the GOB Advisory Board only had authority over, and was obligated to make recommendations on the use of surplus funds; however, the other items were discretionary. Responding to Commissioner Heyman’s question as to whether recaptured funds would be considered as surplus funds, Assistant County Attorney Heffernan advised that he did not believe the funds in question were surplus funds. He explained that surplus funds came about when projects were either cancelled or under budget; and the GOB Advisory Board was obligated to make recommendations on the use of these funds. Commissioner Heyman requested that the County Attorneys’ Office prepare draft legislation requiring the Building Better Communities General Obligation Bonds (GOB) Citizens’ Advisory Committee to provide recommendations on the award of recaptured funds. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented.

Economic Prosperity Committee	3/12/2015	2D	Forwarded to BCC with a favorable recommendation				P
REPORT:	Chairman Suarez announced for the record that the Committee members would now proceed to consider Agenda Item 2D. Commissioner Levine Cava reviewed the foregoing proposed resolution and explained the intent of the item. She noted the foregoing proposed resolution was related to previously allocated General Obligation Bonds (GOB) from the Economic Fund subject to recapture. Commissioner Levine Cava advised her colleagues that the item sought to utilize any recaptured funds to finance a municipal transit related project in Palmetto Bay that would also be supported by Project 124 funds, similar to the Flagler Project. She spoke of the County’s involvement with the project to date and stated that the project would promote greater connectivity and adheres to the County’s smart growth plans. Commissioner Levine Cava noted the new project was a vast improvement over a previous private project that was not approved by the Board of County Commissioners (BCC). She voiced her commitment to the new project and requested her colleagues’ support for the foregoing proposed resolution. Commissioner Sosa acknowledged and welcomed the Mayor and other representatives from the Village of Palmetto Bay. She inquired if the property was County owned and asked if her understanding of the intent of the GOB program; to provide funding for Public Private Partnerships (P3) that had the potential to be “game changers” in the community and provide employment; was accurate. Deputy Mayor Russell Benford advised that Mr. Leland Salomon, Deputy Director for Department of Regulatory and Economic Resources (RER) was present to answer any questions the Committee members may have regarding the item. Mr. Leland Salomon advised the Committee members that the property in question was privately owned and would create approximately 629 jobs. He read a portion of the yet to be vetted application into the record which pertained to job creation projections. Commissioner Sosa asked if the County had engaged in any advertising process to notify the various municipalities that they were entitled to apply for the recaptured funds to finance municipal projects. Responding to Commissioner Sosa’s question, Mr. Salomon noted that he was not aware of any advertisements notifying the municipalities about the funds and pointed out that all the applications were submitted to the County and the Mayor’s recommendations were based on the applications received. Commissioner Sosa voiced her concerns regarding the lack of advertising and notification sent to the municipalities and noted that it was a question of fairness of process. She repeated that her concerns were based on the lack of proof that the appropriate notice was provided to the cities of Miami-Dade County advising them of the opportunity to apply for the funds. Mr. Salomon reiterated that he was not aware of any advertising or notifications being sent out to the various municipalities. Commissioner Levine Cava acknowledged the presence of the Village of Palmetto Bay Mayor and other Village officials and noted that they may be interested in addressing the Committee members. She also noted that no formal advertising or notification was generated regarding the availability of the funds because all information pertaining to the process was discussed by the Board of County Commissioners. Commissioner Levine Cava pointed out that the City of Miami had also submitted an application for consideration. Mayor of Palmetto Bay Eugene Flinn appeared before the Committee members regarding the foregoing proposed resolution and recognized the presence of his colleagues Vice Mayor John DuBois, Councilwoman Karyn Cunningham, Councilman Tim Schaffer, Village Manager Ron Williams and Director of Building and Capital Projects/Interim Village Manager Edward Silva. He spoke of the importance of the project and the ongoing relationship the Village of Palmetto Bay shared with the County. Mayor Flinn noted the funds would allow the Village to proceed with the revitalization and development of the “Franjo Triangle Commercial Island.” He pointed out that the project began with a County urban planning charrette in 2004 and would develop an existing commercial area located along a major transit line. Mayor Flinn noted the development would promote public transportation and generate a regional impact. He added that the Village Council was in full support of the project and thanked District Commissioner Levine Cava for her support as well. Director of Building and Capital Projects/Interim Village Manager Edward Silva reviewed key components of the market study included in the application. He disclosed that the project anticipated generating between 1000 and 1800 jobs; the addition of 1200-1700 multi-family units and approximately 110,000 square feet of retail and 270,000 square feet of office space. Mr. Silva pointed out that while the project targeted the Palmetto Bay public right of ways, it also included US1 and connection to the transit station. He estimated that the revenue generated by the ad valorem tax would be approximately one million dollars for the Village and in excess of six million dollars for the County. Mr. Silva concluded by noting the “game changing” aspect of the project and highlighted the fact that the project was situated in an enterprise zone and a “brownfield” area and essentially met all the requirements for GOB funding. Village of Palmetto Vice Mayor John DuBois noted the area in question was a substantial size, estimated to be 330 acres and was the ideal location to “kickstart” development, investment and infrastructural improvements. Councilman Tim Schaffer voiced his support for the foregoing proposed resolution and expressed his eagerness to work alongside the County in developing the South Dade area. He noted the project was not only important to the Village of Palmetto Bay but also the County as a whole. Chairman Suarez announced for the record that all the speakers’ cards received were in support of the foregoing proposed resolution. Assistant County Attorney Cynthia Johnson-Stacks clarified for the record that the floor was now closed to public comment. Chairman Suarez closed the floor to public comments after no one else appeared wishing to speak. Commissioner Moss spoke of the local and regional importance of the project and pointed out that the project could serve as a catalyst to other municipalities to replicate similar developments along Dixie Highway. He voiced his support of the project and recognized Village Manager Ron Williams for his years of service and dedication to the Village of Palmetto Bay. Village Manager Ron Williams expressed his gratitude to Commissioner Moss for supporting the project and for taking the time to work with the Village of Palmetto Bay. He spoke of the importance of working as neighbors for the benefit of the entire area. There being no further questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney	2/26/2015		Assigned	Juliette Antoine	3/3/2015

County Attorney	2/26/2015		Referred	Economic Prosperity Committee	3/12/2015

Legislative Text

TITLE
RESOLUTION WAIVING ADMINISTRATIVE RULES FOR ECONOMIC DEVELOPMENT FUND PROJECT 124 OF BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM, SUBJECT TO RECAPTURE, APPROVING ALLOCATION OF UP TO $7,500,000.00 FROM BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAM PROJECT NO. 124 TO VILLAGE OF PALMETTO BAY TO FUND DOWNTOWN PALMETTO BAY DEVELOPMENT PROJECT, AND DIRECTING COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO NEGOTIATE TERMS OF AN INTERLOCAL AGREEMENT WITH VILLAGE OF PALMETTO BAY PURSUANT TO BOND PROGRAM�S ADMINISTRATIVE RULES AND PRESENT SUCH INTERLOCAL AGREEMENT OR, ALTERNATIVELY, A REPORT FOR CONSIDERATION BY BOARD

BODY
WHEREAS, Appendix A to Resolution No. R-914-04 (the �Public Infrastructure Resolution�), lists projects eligible for funding from the Building Better Communities General Obligation Bond Program (the �Bond Program�) by project number, municipal project location, commission district, project description, street address, and project funding allocation; and
WHEREAS, one of the projects listed in Appendix A to the Public Infrastructure Resolution and approved by the voters for funding is Project No. 124 � Economic Development Fund (�Project 124�) with a project description that states �Provide infrastructure improvements to spur economic development and attract new businesses to the community in order to create jobs�; and
WHEREAS, the goal of Project 124 is to encourage private sector development through public infrastructure investments that will create jobs and cause economic development which will have long term benefits to the community; and
WHEREAS, the Village of Palmetto Bay submitted an application for Project 124 funding, a copy of which is attached to this resolution as Exhibit A, for funding public infrastructure costs associated with the revitalization of its southwestern area, along the US1 corridor, into a thriving downtown in an effort to spur economic development in the immediate and adjacent areas (the �Downtown Palmetto Bay Project�); and
WHEREAS, the Village of Palmetto Bay has conducted a series of community charrettes over a number of years, and has worked with Miami-Dade County to develop plans for the revitalization of the �Franjo Triangle Commercial Island� area in order to spur greater mixed use development adjacent to the Miami-Dade Busway; and
WHEREAS, the Village of Palmetto Bay has rezoned property and made significant capital investments in its downtown business district through the construction of the Village Town Hall and major park improvements at Perrine Park; and
WHEREAS, the Village of Palmetto Bay has committed to further invest, in partnership with Miami-Dade County, in the infrastructure needs of the village in an effort to revitalize the area; and
WHEREAS, the Village of Palmetto Bay�s application for Project 124 funds directly advances the economic development goals of the County and the Village of Palmetto Bay as envisioned by the community charrette plans; and
WHEREAS, the Downtown Palmetto Bay Project further promotes transit oriented development, expands economic development opportunities beyond the confines of the project, and invests in an area considered resilient to sea level rise impacts; and
WHEREAS, this Board has previously allocated the entire Project 124 funds to other infrastructure projects, subject to the negotiation of the County Mayor or the County Mayor�s designee (the �County Mayor�), in accordance with Resolution No. R-123-15, of a Grant or Interlocal Agreement to be presented to this Board for its approval; and
WHEREAS, in the event that the County Mayor is unable to successfully negotiate a Grant or Interlocal Agreement and/or this Board does not approve the award of the Project 124 funds to one or more of the proposed Project 124 grant recipients to whom the Project 124 funds have been allocated, such funds will be recaptured and be available for re-allocation to other eligible Project 124 projects (the �Recaptured Funds�); and
WHEREAS, in the event that Recaptured Funds become available for re-allocation, this Board wishes to prioritize and approve an allocation of up to $7.5 million from Project 124 to the Village of Palmetto Bay for the funding of public infrastructure costs for the Downtown Palmetto Bay Project in accordance with the administrative rules of the Bond Program (the �Administrative Rules�) such that the Village of Palmetto Bay shall be first in line to receive any Project 124 Recaptured Funds; and
WHEREAS, the individual Interlocal Agreement between the County and the Village of Palmetto Bay shall be submitted to the Board for approval in the future; and
WHEREAS, this Board wishes to waive the requirement, established in Resolution No. R-668-10 and set forth in the Administrative Rules, for the Village of Palmetto Bay that Project 124 allocations be made to projects with a minimum value of $10,000,000.00,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are approved and incorporated in this Resolution.
Section 2. The requirement in the Administrative Rules that each Project 124 allocation be a minimum of $10,000,000.00 is waived for the Village of Palmetto Bay with regard to the Downtown Palmetto Bay Project and, subject to the Recaptured Funds becoming available for re-allocation, an allocation of up to $7.5 million from Project 124 to the Village of Palmetto Bay for the Downtown Palmetto Bay Project is approved, subject to the future consideration by this Board of an Interlocal Agreement between the County and the Village of Palmetto Bay.
Section 3. The County will reallocate Recaptured Funds to projects in the order in which projects are allocated Project 124 Funds (i.e. the oldest allocation will receive Recaptured Funds first). Recaptured Funds shall be allocated to the Downtown Palmetto Bay Project as such Recaptured Funds become available until such project is fully funded in the amount of the allocation approved by this Board.
Section 4. If and when any Recaptured Funds become available, the County Mayor is directed to negotiate, in accordance with Resolution No. R-123-15, the terms of an Interlocal Agreement with the Village of Palmetto Bay pursuant to the Administrative Rules. The County Mayor shall prepare and present an Interlocal Agreement to this Board for its consideration, provided, however, if the County Mayor is unable to successfully negotiate the terms of such Interlocal Agreement within the time period contemplated in Resolution No. R-123-15 which period shall commence on the date the Recaptured Funds become available, a report detailing the status of the negotiations shall be presented to this Board instead and the County Mayor shall place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.