Miami-Dade Legislative Item
File Number: 051563
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File Number: 051563 File Type: Ordinance Status: Adopted
Version: 0 Reference: 05-185 Control: County Commission
File Name: FISHER ISLAND MUNICIPAL ADVISORY COMMITTEE Introduced: 5/20/2005
Requester: NONE Cost: Final Action: 10/18/2005
Agenda Date: 10/18/2005 Agenda Item Number: 7E
Notes: Title: ORDINANCE CREATING AND ESTABLISHING THE FISHER ISLAND AREA MUNICIPAL ADVISORY COMMITTEE; DIRECTING STAFF TO PREPARE A STUDY OF THE POSSIBLE CREATION OF A NEW MUNICIPALITY IN THE FISHER ISLAND AREA; PROVIDING WAIVER OF SECTIONS 2-11.37(C) AND 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE
Indexes: FISHER ISLAND
  MUNICIPAL ADVISORY COMMITTEE
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Sally A. Heyman, Co-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 10/18/2005 7E Adopted P
REPORT: Regarding Commissioner Sorenson’s inquiry on access to public meetings on Fisher Island, Mr. Peter Velar, Office of Strategic Business Management (OSBM), Incorporation and Annexation, noted that ferry operators were instructed to transport to and from the island, anyone who desired to attend the public meetings. In response to Commissioner Souto’s concerns regarding a municipality’s ability to establish privacy standards and to limit access, County Attorney Greenberg advised that there cannot be a “private city” within Miami-Dade County. Pertaining to Vice Chairman Moss’ comments opposing the incorporation of a city with a population of 245, Commissioner Diaz explained the intent of this ordinance was to provide an opportunity for the residents of that area to voice their opinion on this issue. He further noted that the creation of a Municipal Advisory Committee (MAC) would not guarantee development of a city. There being no further discussion, the Board proceeded to vote.

Board of County Commissioners 9/22/2005 14A7 Reconsidered P
REPORT: (NOTE: The motion to adopt the foregoing proposed ordinance on second reading failed at the BCC Meeting on September 8, 2005.) It was moved by Commissioner Sosa that the foregoing ordinance which was Agenda Item 7D at the BCC Meeting of September 8, 2005 be reconsidered and scheduled for second reading on October 18, 2005. This motion was seconded by Commissioner Barreiro and upon being put to a vote, passed by a vote of 11-2 (Commissioners Sorenson and Seijas voted no). Upon reconsideration, the Board directed that the foregoing proposed ordinance be rescheduled for second reading at the BCC Meeting scheduled for October 18, 2005.

Board of County Commissioners 9/8/2005 7D Adopted F
REPORT: Mr. Peter Velar, Division of Incorporation and Annexation, noted there were 293 registered voters and a total population of 467 residing on Fisher Island.

Infrastructure and Land Use Committee 8/16/2005 3B Forwarded to BCC with a favorable recommendation P

Board of County Commissioners 6/7/2005 Scheduled for a public hearing Infrastructure and Land Use Committee 8/16/2005

Board of County Commissioners 6/7/2005 4I Adopted on first reading 8/16/2005 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on August 16, 2005, at 9:30 a.m.

County Attorney 5/20/2005 Referred Infrastructure and Land Use Committee 8/16/2005

County Attorney 5/20/2005 Assigned Craig H. Coller 5/20/2005

Legislative Text


TITLE
ORDINANCE CREATING AND ESTABLISHING THE FISHER ISLAND AREA MUNICIPAL ADVISORY COMMITTEE; DIRECTING STAFF TO PREPARE A STUDY OF THE POSSIBLE CREATION OF A NEW MUNICIPALITY IN THE FISHER ISLAND AREA; PROVIDING WAIVER OF SECTIONS 2-11.37(c) AND 2-11.38 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, pursuant to Resolution No. 838-04 (Attachment I) a Fisher Island Area Municipal Advisory Committee was created; and
WHEREAS, it is anticipated that the Committee's advisory report will not be completed within one year from the date that the Committee was created pursuant to resolution; and
WHEREAS, pursuant to the Code of Miami-Dade County, Section 2-11.31.1, committees that will exist for a year or more shall be created by ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The Fisher Island Area Municipal Advisory Committee is hereby created as follows:
A. Composition.

There is hereby created a Fisher Island Area Municipal Advisory Committee consisting of a minimum of no less than seven (7) members and no more than eleven (11) members. The initial members as well as any vacancies on the Fisher Island Area Municipal Advisory Committee shall be those members appointed pursuant to memorandum to be issued by the County
Commissioner for the District. The members of the committee shall select officers from the membership as desirable or necessary.

B. Purposes.
1) To review the possible incorporation of the area known as Fisher Island.
2) To prepare an advisory report that shall address the results of the study prepared by County staff as well as incorporation concerns of members of the Board of County Commissioners and the manner in which those concerns may be alleviated in the event the Fisher Island area is incorporated as a new municipality.
C. Duties and Responsibilities.
1) The committee shall conduct no less than two duly advertised public hearings at which the residents of the area shall have the opportunity to express their views and concerns regarding the proposed incorporation of the Fisher Island area.

2) Prior to the first public hearing, the committee shall have reviewed the tape of the County Commission workshop on incorporation held on January 14, 1999, and shall be familiar with written materials concerning incorporation presented to the Board of County Commissioners at that time and at any subsequent meeting or workshop.

3) The committee's responsibilities shall terminate upon submission of its report to the Board of County Commissioners.

Section 2. The provisions of Section 2-11.37(c) of the Code of Miami-Dade County requiring that the public hearing on this ordinance be held no less than six weeks after passage on first reading is hereby waived.
Section 3. Notwithstanding the provisions of Section 2-11.38 of the Code of Miami-Dade County, a member of a Community Council may simultaneously serve on the Fisher Island Area Municipal Advisory Committee.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County, Florida.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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