Sunday, April 01, 2012

Incorporation: Let the People Decide. Guest Blog by Bev Gerald, LINC Chair

Tuesday on the Miami Dade County Agenda is an ordinance to rescind an ordinance that placed a moratorium on municipal incorporation and annexation that has been in place for 4 1/2 years.

The new Ordinance that will be heard Tuesday has been co-sponsored by three county commissioners:  Sally Heyman, Jean Monestine, and Esteban Bovo.  Lifting the moratorium will allow the process to go forward with not only the creation of new cities, but the annexation of some areas to existing cities.  Of course, this is a lengthy process, as it takes time to build community support and educate the voters on the advantages of having one's own city and we must work in concert with the county commission to accomplish this process.

We do not know at this point how many commissioners will support the lifting of the moratorium, but all have been contacted by us, either by email, personal visits, or phone calls.

LINC (Let's incorporation Now Coalition) members feel that it now the time to lift the moratorium and let residents decide for themselves whether or not they wish to live in a city or stay as part of UMSA (Unincorporated Municipal Service Area).   We know that government closer to the people provides better services, and residents can decide for themselves what level of services they wish to pay for out of their municipal budgets--it should not be "one size fits all."

We feel that the county needs to concentrate on the major issues such as the airport, seaport, fire and countywide police services, transit, solid waste, library, etc. as all these are countywide services that serve most county residents, and these deserve fulltime scrutiny from the commissioners.  Freeing the county commissioners from having to "wear two hats", i.e., overseeing countywide services and at the same time having to approve the needs of local communities in their districts, will allow them to exercise greater oversight and tighter scrutiny of countywide issues which consume the bulk of the county budget.

There were 2 communities that went through the entire incorporation process mandated by the county, only to be denied the right to vote at the very end of their quest by the county commission.  LINC feels that this is a denial of those residents' right to decide their own destiny.  if a vote to incorporate fails at the ballot box, then it shows the lack of support for forming a new city, but that fundamental right for the residents to vote on this issue should not be denied.   There are approximately 9 LINC communities that are currently exploring incorporation, and most of them are not new initiatives but an ongoing desire to form a new city.  These areas range from the extreme northwest and northeast parts of the county, to the Redland area.  We need the moratorium to be lifted to give the residents that wish to form a new city, or annex to existing ones, the opportunity to move forward in this regard.

LINC has actively participated in the incorporation of the 5 newest cities, and we have been helping areas of the county to explore the formation of new cities since 1997.   We often say that it is only fair to "let the people decide" and not be subject to a process that denies a right that is currently enjoyed by over half of the Miami-Dade County residents who currently reside in cities.  We hope that the BCC will see that it is only right to lift the moratorium now after all these years, and allow residents to decide for themselves who will provide their municipal services. Call your county commissioner tomorrow and tell him/her to lift the moratorium.

12 comments:

Anonymous said...

LINC needs term limits. This group has never been successful in incorporating even one new city, but instead has been a cross to bear for the respective incorporation leaders. It actually fought Miami Lakes back in 2000 due to the deal on mitigation and specialized police services.
There would be no Miami Lakes, Palmetto Bay, Doral, Miami Gardens or Cutler Bay today if those leaders would have listen to or involved the LINC leaders.

This is a well meaning, but mislead group.

Following their advice would be a death sentence for working with the County Commission.

Anonymous said...

I don't know the politics behind this, but here's a guess:

1) Commissioners within unincorporated areas don't want to give up their control/power over the area.

2) The Unions like the PBA don't want to lose out on their contracts & numbers, even though I think new city's have to use the County police.

3) The County, as a whole, doesn't know which way it wants to go at a regional level, and thinks so small, we remain a laughing stock or the banana republic, even though we can do much better. The BCC continues to micromanage and badly at that!

4) The tax issue - Barbara Jordan - against, than for, now against incorporation stated on the public record that she can see the improvements of Miami Gardens (paraphrasing here)versus across the street on the unincorporated side looks bleak.

5) The good old milage argument - well look at the milage of Palmetto Bay for example, they're almost at par with the County. I'd rather live there and pay the same as I'm paying and getting bare bones, no improvements, can't even get a darn pothole filled in unincorporated Dade.

6) Try, just try (unless your a lobbyist or zoning attorney) getting an appointment with your County Commissioner versus someone who lives in an incorporated area who can make a pretty quick trip to their local city hall!

7) What happened to Democracy in Miami Dade County? Taking away the right to vote should be treasonous. How on earth did the majority of the BCC approve anything to stop anyone from voting? I would challenge that all the supporters of the commissioners who "stopped" the people from voting be returned the same favor

LET THE PEOPLE DECIDE! LET THEM VOTE! LET THE PEOPLE DEBATE - NOT THE BCC!

Anonymous said...

The problem with LINC and advocates like Bev Gerald is that it incorrectly appears to the County Commissioners that each individual incorporation is part of a global plan trying to divest the County Commission of its local authority.

The accuracy of the statement is not what is important, what is important is that each and every area have its own defined leaders and actually appear to be part of a localized grassroots appeal with strong local support internal to the incorporation effort. That is what did the Falls effort in. It appeared to Commissioner Sorenson that outsiders where pushing the Falls area to incorporate more than from those within.

At the end of the day, it will take actual residents from those areas affect to come to the mike and make an impassioned plea to rescind the moratorium, not from an organized global special interest group that regularly attacks the BCC as an institution.

Anonymous said...

Anon #3, I'm not following your position. If the people in any area, not just the Falls, want to incorporate, they cannot. I believe that is an over reach of the BCC, and is a power grab on their part. If I try to understand, I think you may be saying the Falls didn't want to incorporate. However, by not letting anyone vote, how will you or I or anyone ever really know?

What is the problem with letting residents from an area VOTE? It's undemocratic. Every BCC member took an oath to uphold the Constitution - voting is a fundamental right, I guess if it is anywhere other than here, Cuba North (my opinion).

Reading this article goes in my "I should be really surprised" file, but I'm not.

As to "global special interests" - you're kidding? They're all over county hall every day doing good deeds like lobbying to move the UDB or rock mine along the everglades, contaminating our Well system.

Broward County is all incorporated. They haven't fallen off a cliff, nor have the public employess! Give me a break. Let the people VOTE!

Anonymous said...

Everyone should be allowed to incorporate. This moratorium time is over. Let's get back to local control for citizens.

Anonymous said...

Please, Do Not Drink The Cool Aide.
Federal, State, County, Local, and Homeowner Condo Association.
5 Layers or 4 Layers of Ingnorance, Malfeasanes, Common Sense goes out the Window on the Dais, and Boards.
More of the Same - Locally
5 Layers of -
"Politics- chiefly derogatory relating to, affecting, or acting according to the interests of status or authority within an organization rather than matters of principle."
Also a smorgasbord board for lobbysist and Absentee Ballot brokers.

Geniusofdespair said...

I would rather have another layer than have a Barbara Jordan, Pepe Diaz or a Lynda Bell making all the decisions. Another LAYER can also serve to protect your community from bad decisions by the other branches of government that you mentioned. Dilute the power!

Anonymous said...

DEANnexation is the way to go......
Cyclist hit and Died on the rickenbacker causeway, Key Biscayne. Which do you dispatch?
City of Miami Fire, Village of Key Biscayne Fire, or MDC Fire??? HHHmmmm.

Bev Gerald said...

I am disappointed in some of the comments above. LINC has always supported new incorporations, and has been actively involved in the formation of the 5 newest cities. The denial several years ago of the rights of the residents of 2 areas, The Falls and Redland, after many months of public hearings and informational meetings in each community, was a sad day for residents who only wanted the right to vote on this issue that should have been granted at the final BCC meeting. These residents were the ones who should have had a say at the ballot box as to the future of their respective areas, not denied their democratic right to vote.
As a 36-year resident of what is now Palmetto Bay, I can see the incredible benefits of having my own city. To just address one advantage: park improvements in Palmetto Bay have been numerous; we acquired the land and created 3 parks since incorporation in 2002, and would not have been able to do so if we had remained a part of UMSA. Park amenities are open to all residents, not just the village residents, so we give back to the greater community with public access.
The objection by some that incorporation just creates another layer of government is not true: for those still in UMSA, your governance comes only through the BCC, and you have commissioners not familiar with your area voting on budget and land control decisions for you. LINC members feel that local control is paramount, and we want the BCC to oversee the major countywide issues that no municipality should be addressing. The incorporation movement was prompted only by a desire for government closer to the people--with local decisions made by the residents of a local community. We hope that the BCC will vote to allow this moratorium to be lifted. It is only fair to let residents decide for themselves who will provide their local services, and leave the countywide issues to the BCC.

Anonymous said...

Self determination cannot happen if county government has a strangle hold on voters and do not allow them to vote.

Who the hell are these little kings that they have amassed so much power so as to disenfranchise us.

Now, having said the - we should talk, meet, debate and vote. It's the American way.

Anonymous said...

We do not need additional layers of
government. We only need to make
the existing ones work. The new
municipalities will just be another
pot to steal from. Nothing is more
nefarious than small city politics
where a few people can easily work
their will. The Miami-Dade County
Commission benefits from voter apathy
and entrenched Commissioners who's
slush funds help keep them in office.
Just make the system work; you will
still have a dysfunctional County
Commission. The Republicans masquerading as concerned citizens
are pushing for more small governments that they can control.
Wake up people. Also, the Charter
says that incorporation should come
from the people, not from an organized self serving group which
does not live in the area. If you
live in unincorporated MDC, what govt service are you lacking? Your trash and recyclables are picked up on time, your streets are in good repair, your police dept is highly rated on a national scale. If you do have a problem, when was the last time you attended a Commission or Board meeting. You don't know what trouble is until you have to fight for something in a small town. Again, make what exists work; you will still have to do that if you incorporate.

Anonymous said...

Divide and Conquer, the Masses...
Federal Law trumps, State Law, County Law, and Municipal law..
State Law trumps, County Law, and Municipality law..
County Law trumps, Municipal law..
Municipal law trumps Home owner, Condo Association rules??
So even though a Municipal thinks it is in control of there own destiny, they may and often are not.

The majority of Incorporation(s) results in Higher Taxes and Less Revenue, Reserve., and services..