TITLE
RESOLUTION CALLING SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO ELECTORS RESIDING WITHIN THE PROPOSED NEW MUNICIPALITY IN UNINCORPORATED NORTHEAST MIAMI-DADE THE QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS SHOULD BE AUTHORIZED TO CREATE THE NEW MUNICIPALITY WITH THE FOLLOWING GENERAL OUTERMOST BOUNDARIES: COUNTY LINE TO THE NORTH; THE CITY LIMITS OF THE CITY OF AVENTURA TO THE EAST; THE CITY LIMITS OF THE CITY OF NORTH MIAMI BEACH TO THE SOUTH; AND INTERSTATE 95 TO THE WEST; AND DESIGNATING GREYNOLDS PARK, WATER AND SEWER PUMP STATIONS, AND THE OJUS URBAN AREA DISTRICT AS AREAS OF COUNTYWIDE SIGNIFICANCE

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WHEREAS, Section 6.05(A) of the Miami-Dade County Home Rule Charter (Charter) and Chapter 20 of the Code of Miami-Dade County (Code) establish a framework by which new municipalities may be created in Miami-Dade County (County); and

WHEREAS, in accordance with the Charter and Code, this resolution proposes calling a special election for area resident electors to authorize the Miami-Dade County Board of County Commissioners (Board) to take additional actions necessary to create a new municipality in the Northeast Miami-Dade area with the following outermost boundaries: County Line Road, to the north; the City Limits of the City of Aventura, to the east; the City Limits of the City Of North Miami Beach, to the south, and as is generally set forth in the map attached as Exhibit A and incorporated in this resolution; and

WHEREAS, the Board created the Northeast Area Municipal Advisory Committee (MAC), which was comprised of a group of area residents appointed by the Board to study the possible creation of the new municipality; and

WHEREAS, upon the conclusion of its study, the MAC submitted a resolution requesting that the Board call an election in the area to create a municipality based on the terms set forth in the MAC�s Conceptual Agreement Report (MAC Report); the resolution and the MAC Report are attached to this resolution as Composite Exhibit B and incorporated in this resolution; and

WHEREAS, as required by the Code, the MAC Report provides that the new municipality will, among other things: (a) contract with the Miami-Dade Police Department for patrol police services for an initial period of three years; (b) contribute to the County�s Municipal Service�s Trust Fund (MSTF) in an amount which shall be determined by the Board; (c) agree to remain a part of the Miami-Dade Fire Rescue District, the Miami-Dade Public Library System, and the Miami-Dade Solid Waste collection system; (d) contract and pay for specialized police services from the Miami-Dade County Police Department, provided however, the new municipality will not be required to additionally pay for specialized police services beyond the countywide taxes paid by its residents; (e) be responsible for and pay its respective share of debt service payments associated with any debt service issuance made on behalf of the unincorporated area during the time such area was within the unincorporated area; (f) agree that the Board will retain
authority over any declaration of restrictive covenant or development agreements in place at the time of incorporation; and (g) agree that the County will retain regulatory jurisdiction over certain identified facility or facilities of countywide significance within the boundaries of the proposed municipality, as may be revised by the Board from time to time; and

WHEREAS, if the Board is authorized to create the new municipality as a result of the election proposed by this resolution, these commitments as set forth above will be included in the proposed municipal charter as pre-agreed conditions of incorporation which �can only be changed if approved by an affirmative vote of two-thirds (2/3�s) of the members of the Board of County Commissioners then in office, prior to a vote of qualified municipal electors,� as set forth in section 6.05(A) of the Charter; and

WHEREAS, in accordance with the Code, the MAC report and certain required information were referred to the Planning Advisory Board (PAB), which recommended that the Board approve the proposed incorporation �on a modified basis that the new municipality retain regulatory control of the Ojus area but not interfere with the implementation of the SMART Plan,� as shown in the PAB resolution that is attached as Exhibit C and incorporated in this resolution; and

WHEREAS, in the memorandum accompanying this resolution, the Mayor has also provided a recommendation related to the proposed incorporation, in accordance with the Code; and

WHEREAS, the Mayor has recommended that, in addition to requiring the proposed new municipality to comply with provisions of the Code, the Board should additionally require the proposed municipality to mitigate the fiscal impact of the proposed incorporation on the unincorporated area by making seven annual payments as follows: (a) a first annual payment equivalent to 50% of the net loss to the Unincorporated Municipal Service Area, as determined in the Office of Management and Budget�s �Estimated Impact on UMSA Budget,� which equates to

0.39 mills that would be applied to the area�s preliminary tax roll during the first year of operation of the municipality; and (b) six subsequent annual payments to be increased each year by the Consumer Price Index for the Miami Urban Area or three percent, whichever is lower; and

WHEREAS, the Mayor has also recommended that the Board designate the Water and Sewer pump stations located at 2621 NE 207 Street, 2459 NE 204 Street, 20460 NE 20 Court and 19720 NE 18 Avenue, as well as the Ojus Urban Area District and Greynolds Park as shown on the maps included as Exhibits D and E, respectively, which are incorporated in this resolution, as Areas of Countywide Significance pursuant to sections 20-8.6 and 20-28.1 of the Code, which would allow the County to retain regulatory jurisdiction over such areas for purposes of comprehensive planning, zoning and building and other development approvals; and

WHEREAS, all of these recommendations by the Mayor shall also constitute pre-agreed conditions to the incorporation of the proposed new municipality; and

WHEREAS, the special election which is the subject of this resolution is the first of two elections required by the Charter, and this Board is calling such election in reliance upon the inclusion of the representations contained in the MAC Report and acceptance of the Mayor�s recommendations; and

WHEREAS, if the majority of the resident electors vote affirmatively to approve the ballot question proposed in this resolution, section 6.05(A) of the Charter requires the Board to create a charter committee consisting of five electors residing within the proposed boundaries to propose a municipal charter; and

WHEREAS, it is anticipated that that the foregoing recitals, representations, and required commitments of the proposed municipality will be included as special conditions in any municipal charter that is presented to this Board for consideration; and

WHEREAS, upon submittal of the proposed municipal charter containing the required special conditions, a second special election is to be called to submit the proposed charter to the area resident electors as provided in section 6.03 of the Charter, which requires the election or special election on the proposed municipal charter to occur not less than 60, nor more than 120, days after the draft charter is submitted,

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 matters contained in the accompanying Mayor�s memorandum and attached exhibits are incorporated in this resolution.

Section 3. The legal description of the proposed new municipality is as follows:

Those portions of Sections 3, 4, 5, 6, 9, and 10 Township 52 South, Range 42 East, together with those portions of Sections 32, 33, and 34 Township 51 South, Range 42 East, Miami-Dade County, Florida being described as follows:

BEGINNING at the Northwest corner of said Section 33, Township 51 South, Range 42 East, thence East, along the North line of said Section 33 to the point of intersection with the �Centerline Survey� line of State Road 9 as shown and delineated on State of Florida, State Road Department, Right of Way Map, Section 87270-2404 State Road No. 9, according to a plat thereof, as recorded in Plat Book 83, Page 58 of the Public Records of Miami-Dade County, Florida; thence continuing East, along said North line of Section 33 and portion of Section 34, Township 51 South, Range 42 East, to the intersection with the Westerly right of way line of the Florida East Coast Railway, as shown and delineated on STATION MAP FLORIDA EAST COAST RAILWAY CO., dated November 22, 1938; thence Southerly and Southwesterly, along said Westerly right of way line, through Section 34, Township 51 South, Range 42 East, and Sections 3, 4 and 9 Township 52 South, Range 42 East, to the point of intersection with the South line of the NE 1/4 of s
aid Section 9 being also the theoretical centerline of NE 175 Street; thence West, along the South Line of the NE 1/4 of said Section 9 to the Southwest corner of said NE 1/4, being also the theoretical centerline of NE 22 Avenue and the North Miami Beach and Miami-Dade County Municipal Limits; thence North, along the West line of the NE 1/4 of said Section 9, being also the theoretical centerline and centerline of NE 22 Avenue, to a point on the South Line of Section 4, being also the Southeast corner of the SE 1/4 of the SE 1/4 of the SW 1/4 of said Section 4, Township 52 South, Range 42 East; thence continuing North, along the East line thereof, to the Southeast corner of the NE 1/4 of the SE 1/4 of the SW 1/4 of the said Section 4, being also the centerline of NE 185 Street (Miami Gardens Dr.); thence West, along the South line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 4 to the Southwest corner being also the centerline of NE 21 Avenue; thence North, along the West line of the NE 1/4 of t
he SE 1/4 of the SW 1/4 of said Section 4, to the intersection with the Westerly extension of the South line of GREYNOLDS PARK WEST according to a plat thereof, as recorded in Plat Book 67, Page 138 of the Public Records of Miami-Dade County, Florida; thence East, along said Westerly extension line and South line of said GREYNOLDS PARK WEST to the centerline of NE 22 Avenue, being also the East Line of the SW 1/4 of said Section 4; thence North, along the centerline of NE 22 Avenue being also the East line of the SW 1/4 of said Section 4, to the point of intersection with the Easterly extension of the North line of said GREYNOLDS PARK WEST; thence West, along said Easterly extension line and North line of said GREYNOLDS PARK WEST and its Westerly extension, to a point of intersection with the centerline of NE 21 Avenue; thence North, along the centerline of NE 21 Avenue, to the point of intersection with the Westerly extension of the South line of Block 8 of SKY LAKE according to a plat thereof, as recor
ded in Plat Book 60, Page 8 of the Public Records of Miami-Dade County, Florida being also the Northwest corner of the NE 1/4 of the NE 1/4 of the SW 1/4 of said Section 4; thence East, along said Westerly extension line and South line of said Block 8 and its Easterly extension, to the point of intersection with the centerline of NE 22 Avenue being also the Center Section Point of said Section 4; thence North, along said centerline of NE 22 Avenue and the East line of the NW 1/4 of said Section 4 to the point of intersection with the Southeasterly extension of the Eastern most southeasterly line of Block 11 of said SKY LAKE; thence Northwesterly, along said Southeasterly extension line and the exterior boundary lines of the aforementioned Block 11, Northwesterly, Northerly, Westerly and Southerly, to the point of intersection with the centerline line of NE 196 Terrace; thence Westerly and Southwesterly, along the centerline of said NE 196 Terrace, to the point where it becomes NE 19 Place; thence Southerly
and Southeasterly, along the centerline of NE 19 Place, to the point where it becomes NE 191 Drive; thence Southeasterly along the centerline of said NE 191 Drive, to its point of intersection with the centerline of NE 20 Avenue; thence Southerly, along the centerline of NE 20 Avenue, to its point of intersection with the centerline line of NE 188 Street; thence Westerly and Southwesterly, along the centerline line of said NE 188 Street, to the point where it becomes NE 19 Avenue; thence Southerly, along the centerline of NE 19 Avenue to its point of intersection with the centerline line of NE 187 Street; thence Westerly, along the centerline of NE 187 Street, to its point of intersection with the West line of said Section 4 being also the Northwest corner of the NW 1/4 of the SW 1/4 of the SW 1/4 of said Section 4; thence South, along the West line of said Section 4 to the point of intersection with the centerline of NE 185 Street (Miami Gardens Dr.) being also the Northwest corner of the SW 1/4 of the S
W 1/4 of the SW 1/4 of said Section 4; thence East, along said centerline of NE 185 Street (Miami Gardens Dr.) and North line of the SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 4 to its Northeast corner, being the point of intersection with the centerline of NE 19 Avenue; thence South, along said centerline of NE 19 Avenue and East line of said SW 1/4 of the SW 1/4 of the SW 1/4 of said Section 4, to its Southeasterly corner, being also the point of intersection with the centerline of NE 183 Street; thence West, along the centerline of NE 183 Street, being also portions of the South line of Sections 4 and 5, Township 52 South, Range 42 East, to the Southwesterly right of way line of Snake Creek, Canal No C-9; thence as described, in Resolution No. R85-45, dated 6-18-1985 and in Ordinance No. 85-92, dated 10-15-1985, thence following the boundaries described in said Resolution and Ordinance, verbatim, as follows: �thence northwesterly along the southwesterly right of way line of Snake Creek Canal
, Canal (C-9) to the intersection with said base line of Miami Gardens Drive; thence run north-easterly along set baseline of Miami Gardens Drive to the intersection of the north line of the south half of the southwest quarter of the southwest quarter of said Section 5; thence run westerly along the north line of the south half of the southwest quarter of the southwest quarter of said Section 5 to the northeast corner of the south-west quarter of the southwest quarter of the south-west quarter of said Section 5; thence run south 87 degrees 39 minutes 37 seconds west, along the north line of the southwest quarter of the south-west quarter of the southwest quarter of said Section 5, for 116 feet; thence run south 67 degrees 53 minutes 49 seconds west for 98.98 feet; thence run south 83 degrees 38 minutes 24 seconds west for 120.6 feet; thence run northerly along the west line of the east half of the southwest quarter of the southwest quarter of the southwest quarter of said Section 5, to the intersection with t
he north line of the southwest quarter of the southwest quarter of the southwest quarter of said Section 5; thence run westerly along the north line of the southwest quarter of the southwest quarter of the southwest quarter of said Section 5;� to its Northwest corner, � also being the northeast corner of the southeast quarter of the southeast quarter of the southeast quarter of Section 6; thence run westerly along the north line of the southeast quarter of the southeast quarter of the southeast quarter of Section 6, to the inter-section with the southwesterly right-of-way line of Snake Creek Canal (C-9); thence run northwesterly along the southwesterly right-of-way line of Snake Creek Canal (C-9) to its intersection with the southeasterly right-of-way line of State Route 9�; thence continuing Northwesterly, along the Northwesterly extension of said Southwesterly right of way line of Snake Creek Canal (C-9) to its point of intersection with the Southeasterly right of way line of CSX RAILROAD, as shown and d
elineated on a FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP Section 87270-2477, dated March19, 1990; thence Northeasterly, along said Southeasterly right of way line, to its point of intersection with the West line of Section 33, Township 51 South, Range 42 East; thence North, along said West line of Section 33 being also the Easterly right of way line of said CSX RAILROAD, to the Northwest corner thereof and the POINT OF BEGINNING.

A map that generally depicts the boundaries of the proposed new municipality is attached to this resolution as Exhibit A.

Section 4. Having considered the applicable guidelines, the Board hereby calls a special election to be held in conjunction with the General Election in Miami-Dade County, Florida, on November 6, 2018, for the purpose of submitting to the qualified electors residing within the boundaries of the proposed new municipality in the area of Northeast Miami-Dade, as set forth herein, the question of whether or not the Board of County Commissioners should be authorized to create a new municipality in the area of Northeast Dade pursuant to Section 6.05 of the Charter.

Section 5. The special election is called in reliance upon the representations of the Northeast Area Municipal Advisory Committee contained in the MAC report, as well as agreement to conditions for incorporation recommended by the Mayor.

Section 6. Notice of such a special election shall be published in accordance with Section 100.342, Florida Statutes (2000).

Section 7. The results of such special election shall be determined by a majority of the qualified electors residing within the legal description of the proposed new municipality in the area of Northeast Miami-Dade, as set forth herein, voting upon the question. The polls shall be open as set forth in general election law from 7:00 a.m. until 7:00 p.m. on the day of such special election. All qualified electors residing within the boundaries of the proposed new municipality in the area of Northeast Miami-Dade County, Florida, shall be entitled to vote at said special election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections as set forth in General Election law.

Section 8. The question that shall appear on the ballot shall be in substantially the following form:

NEW MUNICIPALITY IN NORTHEAST MIAMI-DADE

SHALL THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS BE AUTHORIZED TO CREATE A NEW MUNICIPALITY IN THE AREA OF NORTHEAST MIAMI-DADE WITH THE FOLLOWING OUTERMOST BOUNDARIES:

NORTHERN BOUNDARY: County line

EASTERN BOUNDARY: City limits of Aventura (Biscayne Blvd.)

SOUTHERN BOUNDARY: City limits of North Miami Beach

WESTERN BOUNDARY: Interstate 95

YES

NO

Section 9. Such question shall appear on the ballot as a separate question or proposal. Those electors desiring to adopt or approve such proposal shall be instructed to select "YES" as set forth in general law. Those qualified electors desiring to reject or disapprove the question shall be instructed to select �NO" as set forth in general law.

Section 10. Vote by mail ballots may be used by qualified electors residing within the boundaries of a proposed new municipality in the area of Northeast Miami-Dade for voting on this question at said special election as permitted by general law. The form of vote by mail ballot shall be in accordance with the requirements prescribed by the general election laws, and shall have printed thereon the question or proposal hereinabove set forth, with a proper place for voting either "YES" or "NO," following the statement of the question or proposal aforesaid.

Section 11. A sample ballot showing the manner in which the question or proposal aforesaid will appear on the ballot at this special election shall be published and provided in accordance with the applicable provisions of the general election laws. The County Mayor or County Mayor�s designee, the Finance Director, the Supervisor of Elections, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution.

Section 12. The special election shall be a nonpartisan election. Election Inspections Boards, inspectors and clerks to serve as elections officials in connection with this special election shall be appointed in accordance with the provisions of the general election laws.

Section 13. This special election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Charter.

Section 14. Upon making the findings set forth in section 20-28.1(1)-(3) of the Code, this Board hereby designates the Water and Sewer pump stations located at 2621 NE 207 Street, 2459 NE 204 Street, 20460 NE 20 Court and 19720 NE 18 Avenue, and Ojus Urban Area District and Greynolds Park, as shown on the maps included as Exhibits D and E, as Areas of Countywide Significance pursuant to sections 20-8.6 and 20-28.1 of the Code.

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Date:

To: Honorable Chairman Esteban L. Bovo, Jr.
and Members, Board of County Commissioners

From: Carlos A. Gimenez
County Mayor

Subject: Incorporation of Northeast Miami-Dade

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) consider the resolution calling for an incorporation election in Northeast Miami-Dade, as described therein. Aside from the requirements of Chapter 20 of the Miami-Dade County Code (Code), the new municipality should be required to:

1. Pay mitigation to the County for seven years, as required of all municipalities since 2000; and
2. Agree that the County should retain regulatory control of the Ojus Urban Area District (OUAD), over the portion of Greynolds Park that is within the proposed boundaries, and four Water and Sewer pump stations, by including these as Facilities of Countywide Significance.
Scope
The area is generally bounded by the County line to the north, the City of North Miami Beach to the south, the City of Aventura to the east and Interstate 95 to the west, as depicted in the map attached as Exhibit A to the resolution. It is important to note that while the southern boundary follows the North Miami Beach City limits, a portion of North Miami Beach�s northern boundary is largely surrounded by the proposed municipality between NE 22 and 19th Avenue from NE 185 Street to NE 196 Street.

There are 19,063 residents within the area, of which 10,748 are electors. The area lies within County Commission District 4, which is represented by Commissioner Sally Heyman.

Fiscal Impact/Funding Source
County staff conducted a financial analysis to determine the impact the incorporation of this area will have on the remainder of the Unincorporated Municipal Service Area (UMSA) budget. Table 6 in the staff- prepared Northeast Miami-Dade Incorporation Report, attached as Exhibit 3, is the Impact to UMSA analysis that estimates revenues and expenses for a particular area. The revenue and expense ratios are based on the FY 2017-18 budget. The assumptions in preparing the Impact to UMSA do not include: State Revenue Sharing revenue; local option gas tax revenue and expenditures; canal maintenance revenues and expenses; proprietary activities such as building, zoning, and solid waste; and fire and library districts. The revenues and expenditures are based on budgetary estimates, not actuals.

As noted in the Impact to UMSA (Table 6), the proposed incorporation area generates approximately $7 million in UMSA revenue, and the County spends approximately $5.9 million providing services to the area. The incorporation of the Northeast Dade area will have a negative impact on the remaining unincorporated area of approximately $1.1 million.

Section 20-26 (d) of the Code requires that the fiscal impact of an incorporation area be revenue neutral, provided, however, that any municipality that does not meet the foregoing requirements, as a condition of incorporation pursuant to the Home Rule Charter, shall agree to make an annual mitigation payment to the County�s Municipal Services Trust Fund in the Unincorporated Municipal Service Area Budget in an amount which shall be determined by the Board. It is recommended that should the area incorporate, the new municipality mitigate 50 percent of the excess revenues, as noted in the Impact to UMSA (currently estimated at $574,000), for a period of seven years. This would equate to a millage equivalent of .39 mills that would be applied to the tax roll for the area in the first year of incorporation. The subsequent years will be adjusted by the Consumer Price Index for the Miami Urban Area or three percent, whichever is lower. The practice of paying mitigation for seven years is consistent with what the Board has approved for previous incorporations that were revenue positive.

Track Record/Monitor
If the incorporation effort is approved, Jorge M. Fernandez, Jr., in the Office of Management and Budget, will monitor the incorporation effort in the area.

Background
Currently there are 2,664,418 residents in Miami-Dade County. There are 34 municipalities in the County with 1,477,989 residents. The remaining 1,186,429 resident reside in UMSA. The proposed new city in the Northeast Miami-Dade area contains 19,063 residents, of which 10,748 are resident electors.

The Northeast Dade Municipal Advisory Committee (NEMAC), was created by the Board on April 8, 2003, by Resolution No. R-341-03, and extended on May 11, 2004 by Ordinance No. 04-104. The Municipal Advisory Committee members were appointed by Commissioner Sally Heyman. The NEMAC was charged with evaluating the feasibility and desirability of creating a new municipality in northeast Miami-Dade County.

The following is a timeline for the NEMAC:

* August 8, 2005: The Planning Advisory Board (PAB) held a public hearing in the community and recommended the Board approve the NEMAC incorporation effort.
* November 1, 2005: The Board adopted Ordinance No. 05-192, suspending consideration of all annexation and incorporation proposals.
* April 3, 2012: The Board adopted Ordinance No. 12-24, lifting the moratorium on annexations and incorporations.
* February 2013: The NEMAC re-convened for the purpose of updating the information for the NEMAC incorporation effort.
* April 21, 2015: The Board adopted Ordinance No. 15-22, providing the NEMAC additional time to update their study.
* June 21, 2016 and July 21, 2016: The NEMAC held public hearings where input from the community was considered.
* August 25, 2016: The NEMAC adopted a resolution (see Exhibit B to the resolution) to forward the incorporation proposal to the Board, requesting the incorporation effort move forward and allowing area residents to vote on the creation of a new municipality.
* January 24, 2017: The Board forwarded the NEMAC Report to the PAB to conduct a public hearing in the community and provide the Board with a recommendation after reviewing the staff report.
* September 26, 2017: The PAB held a public hearing in the community and adopted a resolution (see Exhibit C to the resolution) recommending that the Board approve the Northeast Dade incorporation on a modified basis that allowed the new municipality to retain control of the OUAD, but not interfere with the implementation of the Strategic Miami Area Rapid Transit (SMART) Plan, and that the Board examine the proposed municipal budget.
The group met to complete assessing the fiscal feasibility and desirability of incorporating the area into its own municipality. The NEMAC prepared and adopted a pro-forma budget as part of its process (see Exhibit 1), which includes the revenue and expenditure estimates for the proposed municipality. Additionally, the County hired an independent consultant to review the NEMAC pro-forma budget, which concluded the area to be financially viable as a municipality (see Exhibit 2). �

There are several Code requirements, some of which are summarized in this memorandum, that are applicable to new municipalities. The new municipality is required to remain in the Miami-Dade Fire-Rescue (MDFR) District, the Miami-Dade Public Library System, and the County�s Solid Waste collection system, and contract with the County for local patrol police services for a minimum of three years. The County will retain jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan (CDMP) application or zoning application within this area, as required by Sec. 20-26(h) of the Code. The new municipality will also be responsible for their pro-rata share of outstanding debt service associated with the Stormwater Utility Bonds and the Quality Neighborhood Improvement Program Bonds. The two local parks in the area (Highland Oaks and Ojus) will be conveyed to the new municipality with conditions on their use and development consistent with Article 7 of the County�s Charter. The NEMAC Report, which contains the NEMAC Conceptual Agreement, addresses these issues and establishes the terms under which the area may proceed with incorporation. This information is outlined in the Conceptual Agreement adopted by NEMAC (see Exhibit B to the resolution).

Section 20-26(b) of the Code requires the new municipality to contract with the Miami-Dade Police Department and pay for specialized police services. Municipalities in existence prior to the incorporation of Miami Lakes paid for specialized police services through their countywide taxes. The municipalities established since Miami Lakes incorporated were required to contract and pay for specialized police services. On November 20, 2008, the Board adopted Resolution No. R-1272-08, allowing these municipalities to remove the requirement to receive and pay for specialized police services from their charters. Specialized police services are funded through countywide taxes paid by all residents, and this should continue to be the case. Thus, the municipality will not be required to pay for specialized police services beyond the countywide taxes paid by its residents.

As previously noted, the County should retain jurisdiction of the OUAD.� The OUAD is one of the County�s designated Urban Centers that is located along the Northeast Corridor, one of the County�s SMART corridors as noted in the map (Exhibit D to the resolution). The OUAD generally lies east of the Oleta River and west of the Biscayne Boulevard Corridor, and it has been the subject of County�s planning efforts since the early 2000s. In order to ensure the County�s intensification efforts along the Northeast SMART Corridor continue, the County should retain planning, zoning and building jurisdiction of the OUAD.

Greynolds Park is one of seven Heritage Parks in the County�s park system. It is an area-wide nature-resource-based park that serves the County at large. A portion of Greynolds Park is located within the incorporation boundaries of the NEMAC. The County should retain jurisdiction of Greynolds Park.

There are four parcels owned by the Water and Sewer Department with pump stations within the incorporation area. Because these assets are of regional importance, the County should retain regulatory control over these facilities by including them as Facilities of Countywide Significance.

Pursuant to Section 20-23 of the Code, County staff has submitted a report, for your review and consideration, addressing the guidelines in the Code that pertain to this proposed incorporation (Exhibit 3).

Should the Board adopt the resolution calling for an election in the area, and the vote is positive, the Board will create a charter commission for the area. Once the charter commission has completed drafting the charter for the area, the Board would consider the proposed charter and, upon approval, set an election for the area to adopt the charter. Should the charter election be positive, a new municipality in Northeast Dade will be created.

Exhibit 1 � NEMAC Pro-forma Budget
Exhibit 2 � Consultant�s Report on NEMAC Budget
Exhibit 3 � Staff Report on the Northeast Miami-Dade Incorporation




_________________________
Edward Marquez
Deputy Mayor