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Playing by the rules or making them up as you go along

BY MORGAN I. LEVY

Growing up in Dade County from 1926 to 1941 (my early school years) children were taught to play by the rules and not to cheat.

Many of my childhood friends still remember that important lesson, making it an important part of their character and their lives. Is it any wonder then that we are greatly angered by those of our elected officials who ascribe to a totally different philosophy of changing the rules to suit them as the game progress.

Some, in fact, choose to completely ignore the rules and play in defiance of the established rules, the law.

Permit me to offer some examples of changing and ignoring the rules:

The Doral Incorporation process has been ongoing for over five years. When Doral completed all of the requirements in force and went before the Board of County Commissioners (BCC) in September 1996, we played by the rules but were denied the opportunity to have a vote within the prescribed Doral boundaries. The rules were changed by the BCC and a two-year moratorium was placed on all incorporation and annexations, and the stipulation was added that revenue sharing had to be a part of any future agreement.

Continuing efforts by Doral and the many other communities seeking incorporation lead to the creation of LINC, Let's Incorporate Now Coalition. Interviews were sought with all 13 commissioners in an attempt to resolve the standoff and to permit those who played by the rules to go forward with incorporation.

Again, the rules were ignored when eight of the thirteen commissioners refused to meet with the citizens that they were governing. Only Commissioners Alonso and Morales have steadfastly played by the rules on incorporation.
By 1999 LINC continued to grow, eventually representing over 500,000 citizens living in the Unincorporated Municipal Service Area (UMSA) of Miami-Dade County who wanted to form their own local governments.

The BCC permitted Miami Lakes to form a Municipal Advisory Committee (MAC) to negotiate with the county on the major issues of financial mitigation and retention of the Metro Police Department, changing the rules again, placing restrictions on Miami Lakes that have never been placed on any of the other 30 cities in Miami-Dade County.

At last, hope was ignited when MACs were approved for Doral, Palmetto Bay, Country Club Lakes and Redland. These communities, long denied the opportunity to incorporate, finally felt that they could negotiate items that would be fair to them. Those serving on the MACs were initially told that the Miami Lakes agreement with the county would not be a model for all incorporated areas.

The Doral MAC established boundaries that are very closely aligned with the Doral Community Council 9 boundaries. It was ready to negotiate its unique situation of being the fastest growing area in the county with the least amount of services and infrastructure provided by the county in spite of having paid high taxes over a twenty-year span.

It was clearly time for another change of the rules by the BCC!

The new rules: A Charter change for Miami-Dade County was placed on the ballot for October 3rd prohibiting the citizens of any newly incorporated municipality formed after September 1, 2000, from changing so-called "pre-agreed conditions" in their city charter without the approval of a 2/3 vote by the BCC.

To add insult to injury to those citizens who were negotiating for the incorporation of their communities in good faith, another rule change was passed by the BCC: this time suspending all MAC meetings until after the October 3 election and providing that should the "new rule" they placed on the October 3 ballot fail, all MACs would be terminated until the BCC could come up with a comprehensive incorporation and annexation plan.

Brace yourself for that "new rule" that will certainly be the granddaddy of all "new rules"!

By the time you read this article, the October 3rd ballot issue on the charter amendment will have been decided.

If it wins, Miami Lakes will go forward with mitigation of $1.45 million in annual mitigation payments forever and will be required to pay for the Metro Police Department as their police force. If that satisfies the citizens of Miami-Lakes, a community that is almost built out and has in place most of the services and infrastructure it requires to become a city, good for them!
But the Miami Lakes agreement must not be the model for all other communities that are vastly different than Miami Lakes.

More "new rules" are already being created. Many commissioners have stated that they are unhappy with Miami Lakes only paying 50% of the difference between the taxes collected there and the cost of services there. Which in turn begs thequestion: will the next "new rule" be that all newly incorporated municipalities must pay 100% mitigation?!

The BCC has ignored the growing majority of UMSA citizens that have honestly worked within the rules to throw off the yoke of unresponsive rule. Each time the rules were changed UMSA citizens attempted to deal with the "new rules," but to no avail. The rules kept changing.

It is interesting to note that comments were made by some of our elected and appointed county officials that those seeking incorporation were playing games and could not be trusted to live up to any agreements they might negotiate with the county. I ask you, who is playing games with whom and who has consistently changed the rules?

If the charter amendment fails on October 3, no community will be able to become incorporated--not even Miami Lakes. If the charter amendment passes, only Miami Lakes will become incorporated while the rest of us must wait for the BCC to agree on an incorporation plan that they have not been able to resolve for five years.

Oh yes, some revenue neutral communities (taxes equal to cost of services) or recipient communities (taxes lower than cost of services) will be included in the "new rules" that will permit them to incorporate. Those same "new rules" will continue to deny the donor communities (taxes greater than the cost of services) the right to incorporate without shouldering the financial burden alone, with no help from the rest of the county.

Doral is a donor community. It should be willing to share the financial burden remaining for the county to provide services to the low income areas in UMSA that do not incorporate, as long as the rest of the county participates in any revenue sharing plan.

Will the next "new rule" be a penalty on wealthy communities whose citizens have followed the American Dream of working hard to achieve success?

Will the next "new rule" require only a few UMSA citizens to pay ransom while the countywide taxpayers are not required to chip in?

Will the next "new rule" overlook the fact that the county has failed to provide services to the low-income areas of UMSA for the past 40 years when they had all of the taxes?

Our county government has the secret to maintaining its tight and illegal control on UMSA citizens: THEY KEEP ON CHANGING THE RULES!

Where are those values that were taught to us many years ago of "playing by the rules?" Let's go back to the rules for incorporation that were in place in 1996 when the moratorium was declared on all incorporations and annexations.

The same 13 commissioners that rule UMSA citizens also rule county-wide issues. One "new rule" with those old rules back in place would resolve the inequity of the revenue sharing dilemma. A county-wide half cent sales tax for a limited time until only 300,000 people remain in unincorporated Miami-Dade County, where the wealthy who spend the most, pay the most, plus the tourist spending in the county would contribute a very significant percentage of the required revenue.

It is time for this "new rule" to be approved by all Miami-Dade County citizens in order to fairly resolve the stalemate.

LET'S ALL PLAY BY THE NEW RULES!

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