Miami-Dade Legislative Item
File Number: 141211
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File Number: 141211 File Type: Ordinance Status: In Committee
Version: 0 Reference: 14-79 Control: Board of County Commissioners
File Name: SEA LEVEL RISE BCC RULE AMENDMENT Introduced: 5/23/2014
Requester: NONE Cost: Final Action: 9/3/2014
Agenda Date: 9/3/2014 Agenda Item Number: 7D
Notes: BCC RULES Title: ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THAT IN ALL AGENDA ITEMS RELATED TO PLANNING, DESIGN AND CONSTRUCTION OF COUNTY INFRASTRUCTURE A STATEMENT BE INCLUDED THAT THE IMPACT OF SEA LEVEL RISE HAS BEEN CONSIDERED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: RULES OF PROCEDURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-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 9/3/2014 7D Adopted P
REPORT: First Assistant County Attorney Abigail Price Williams read the foregoing proposed ordinance for the record. Chairwoman Sosa explained the intent of this ordinance; and Commissioner Diaz asked to be added as a co-sponsor of it. In response to Commissioner Diaz inquiry whether this ordinance would apply to all construction projects, regardless if Board approval was required or not, Chairwoman Sosa noted it applied to all projects that had a fiscal impact to the County. Hearing no further comments or questions, the Board adopted the foregoing proposed ordinance as presented.

Economic Development & Port Miami Committee 7/10/2014 1G1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chair Bell opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. She closed public hearing after no one appeared wishing to speak. Hearing no further comments or questions, the Committee proceeded to vote on the foregoing proposed ordinance, as presented.

Office of the Chairperson 7/9/2014 Scrivener's Errors
REPORT: On page 1 of the cover page of the subject line and page 4 in the title, “AND COUNTY BOARDS” should be removed.

County Attorney 6/24/2014 Referred Economic Development & Port Miami Committee 7/10/2014

Board of County Commissioners 6/3/2014 4B Adopted on first reading 7/10/2014 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and PortMiami Committee meeting on Thursday, July 10, 2014, at 2:00 p.m.

Board of County Commissioners 6/3/2014 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 7/10/2014

County Attorney 5/23/2014 Assigned Sarah E. Davis 5/23/2014

County Attorney 5/23/2014 Referred

Legislative Text


TITLE
ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 2-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE THAT IN ALL AGENDA ITEMS RELATED TO PLANNING, DESIGN AND CONSTRUCTION OF COUNTY INFRASTRUCTURE A STATEMENT BE INCLUDED THAT THE IMPACT OF SEA LEVEL RISE HAS BEEN CONSIDERED; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Southeast Florida is considered one of the most vulnerable areas of the country to the consequences of sea level rise; and
WHEREAS, Miami-Dade County has various vital facilities and infrastructure that could be adversely affected by sea level rise; and
WHEREAS, Miami-Dade County has historically been, and strives to continue to be, on the forefront of issues related to climate change, global warming and sea level rise; and
WHEREAS, in July 2013, the Board of County Commissioners (�Board�) created the Miami-Dade Sea Level Rise Task Force through adoption of Resolution No. R-599-13; and
WHEREAS, in May 2014, through Resolution R-451-14, the Board adopted a policy for Miami-Dade County that �all County infrastructure projects, including but not limited to County building elevation projects, County installation of mechanical and electrical systems, County infrastructure modifications and County infrastructure renovations� shall consider sea level rise projections and potential impacts as best estimated at the time of the project, using the regionally consistent unified sea level rise projections, during all project phases including but not limited to planning, design, and construction, in order to ensure that infrastructure projects will function properly for fifty (50) years or the design life of the project, whichever is greater�,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-1. RULES OF PROCEDURE OF THE COUNTY COMMISSION.

* * *

Rule 5.08. STATEMENT OF PRIVATE BUSINESS SECTOR IMPACT REQUIRED FOR ORDINANCE

At the request of any commissioner at the first reading of any ordinance that regulates private business, land development or building code standards, the mayor shall prepare a written statement setting forth the fiscal impact, if any, of the proposed ordinance on the private business sector. No ordinance regulating private business, land development or building code standards shall be considered on second reading if the requested statement of fiscal impact on private business is not submitted with the ordinance as part of the agenda.

>>Rule 5.09 STATEMENT OF CONSIDERATION OF IMPACT OF SEA LEVEL RISE

For all agenda items brought to the Board that relate to the planning, design and/or construction of County infrastructure projects, including but not limited to, County building elevation projects, County installation of mechanical and electrical systems, County infrastructure modifications and County infrastructure renovations, the Mayor or Mayor�s designee shall include a statement in the item that the impact of sea level rise has been considered in the project.<<

Section 2. 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 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. 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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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