HomeMy WebLinkAboutReso 2009-1404
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RESOLUTION NO. 2009- 14o'-l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, EXPRESSING STRONG
CONCERNS REGARDING SB630 AND SIMILAR LEGISLATION
THAT WOULD IMPOSE A MORATORIUM ON THE
COLLECTION OF IMPACT FEES BY LOCAL GOVERNMENTS;
URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH
LEGISLATION; PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, SB630 has been filed for consideration during the 2009 state legislative
session by Senator Mike Bennett(r-Bradenton); and
WHEREAS, SB630 would impose a three-year moratorium on the imposition and
collection of impact fees for any purpose by a county or municipality form October 1, 2009
through September 30, 2012; and
WHEREAS, Miami-Dade County currently collects impact fees for roads, fire and
emergency services, water and sewer, police services, parks and schools; and
WHEREAS, roads and school impact fees are countywide in nature, and individual
municipalities also collect various other impact fees within their cities; and
WHEREAS, impact fees ensure that new development bears its proportionate share of
the capital cost of new infrastructure and services necessary to support the new development; and
WHEREAS, SB630 or similar legislation would have a substantial fiscal impact on
Miami-Dade County, including more than $20 million for road impact fees alone; and,
WHEREAS, passage of SB630 or similar legislation would mean that fewer funds are
available for new infrastructure projects, with corresponding losses in potential jobs; and
WHEREAS, passage of SB630 or similar legislation also could have the effect of
stopping infrastructure projects already planned or being constructed, with further corresponding
jobs losses; and
WHEREAS, a moratorium on impact fees for infrastructure improvement would create
concurrency deficiencies and therefore have the unintended consequence of impeding
development; and
WHEREAS, studies have shown that reducing government spending by reducing fees
and taxes does not stimulate the economy, that the opposite is actually true, and that spending
government funds on needed infrastructure projects acts to stimulate the economy; and
Expressing Strong Concerns regarding SB6JO
Page I or3
WHEREAS, passage of SB630 or similar legislation would result in reduced
infrastructure projects and a loss of construction jobs at time when stimulus packages are being
proposed at the federal, state and local levels to increase infrastructure funding and associated
jobs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. SUPPol1 of the Non-Passage of Legislation regarding SB630. The City
Commission hereby expresses strong concerns regarding SB630 and similar legislation that
would impose a three-year or other moratorium on the collection of impact fees by local
governments and urges the legislature not to pass such legislation.
Section 2. Directive to the City Clerk. The City Commission hereby directs the City Clerk
to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker,
the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Mike
Bennett, the Presiding Officer, Members, and the Executive Director of the Miami-Dade County
League of Cities.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this
ATTEST:
~A~
Jane A. Hines, City Clerk
Expressing Strong Concerns regarding SB630
Page 2 0 r J
Moved by: 'flU v'Y\~y ljj'fJ(L.~
Seconded by: ~~ G:o()~M~
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Ooodman
Commissioner Srezin
Commissioner Scholl
V(Yes)
l,./(Yes)
V(Yes)
~{Yes)
~(Y es)
_(No)
_(No)
_(No)
_(No)
_(No)
Exprcssing Strong Concerns regarding SR630
Page 3 of3
Florida Senate - 2009
SB 630
By Senator Bennett
21-00812-09
2009630
1 A bill to be entitled
2 An act relating to impact fees; providing for a 3-year
3 moratorium on the imposition or collection of impact
4 fees by a county or municipality; providing for future
5 expiration of the moratorium; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. (1) Notwithstanding any law, ordinance, or
11 resolution to the contrary, a county or municipality may not
12 impose or collect any impact fee for any purpose from October 1,
13 2009 through September 30, 2012.
14 (2) This section expires October 1, 2012.
15 Section 2. This act shall take effect July 1, 2009.
Page 1 of 1
CODING: Words otriclccn are deletions; words underlined are additions.
City of Sunny Isles Beach
City Commission Agenda
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
AGENDA BILL
REQUESTED ACTION
The staff recommends that the City Commission adopt this Resolution opposing Senate Bill 630
which would place a moratorium on the assessment or collection of any impact fees imposed by
local governments.
BACKGROUND
It is inappropriate for the state to interfere with the authority of local governments to operate
as they see fit. The Home Rule Charter should prevail in matters such as these and the state
should respect that separation of power.
ADDITIONAL INFORMATION
Upon adoption, this Resolution will be forwarded to the appropriate State officials.
Funding required for this action: I None Source of funds: I N/A
Transfer Required: I No Amount of Transfer: I N/A
Transfer from account number: I N/A To account number: I N/A
For the Commission Meeting of: April 16, 2009 Initials: Il{;
Submitted by: Rick Conner Agenda Item
Title: Acting City Manager /
Number
Approved by Finance Director: Doug Haag Initials: ~
Approved by Acting City Manager: Rick Conner Initials: IO~