Legislative Matter

Miami-Dade Legislative Item
File Number: 162832

Printable PDF Format

Clerk's Official Copy

File Number: 162832

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 17-18

Control: Board of County Commissioners

File Name: WEST END MUNICIPAL ADVISORY COMMITTEE

Introduced: 12/8/2016

Requester: NONE

Cost:

Final Action: 3/7/2017

Agenda Date: 3/7/2017

Agenda Item Number: 7E

Notes:

REQUIRES 6-4 WEEKS

Title:

ORDINANCE REPEALING ORDINANCE NOS. 13-70, 13-71, 15-67 AND 15-68 RELATING TO THE WEST END MUNICIPAL ADVISORY COMMITTEE (SECTION ONE) AND WEST END MUNICIPAL ADVISORY COMMITTEE (SECTION THREE) CREATED TO STUDY THE POSSIBLE INCORPORATION OF PORTIONS OF THE WEST END AREA; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

Indexes:

WEST KENDALL

Sponsors:

Joe A. Martinez, Prime 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	3/7/2017	7E	Adopted				P
REPORT:	County Attorney Abigail Price-Williams read the forgoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

Government Operations Committee	2/14/2017	1G2	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Eddie Gonzalez read into the record the title of the foregoing proposed ordinance and noted the addition of 1G2 Supplement, the fiscal impact statement for the item to today’s (2/14) Agenda. Chairman Moss opened the public hearing and the following individuals appeared before the Committee: 1. Ms. Catherine Christofis, 2430 NE 135th Street, North Miami FL 33181 appeared in support of the item. She noted that the two West End Municipal Advisory Committees (Sections One and Three) were created by the previous District Commissioner and not because the residents requested them. Ms. Christofis stated that residents wanted better government representation, not more government interference and were opposed to the incorporation of West Kendall. 2. Mr. Joseph F. Gagliano, 14515 SW 106th Terrace, Miami FL, appeared in support of the foregoing proposed ordinance and voiced his opposition to the incorporation of West Kendall. 3. Mr. Jose Rodriguez, 14255 SW 38th Terrace, Miami FL, appeared in opposition of the item and urged the Committee members to allow the residents to vote on the matter. He directed the Committee members’ attention to the feasibility study performed by PMG Associates (copies of report distributed to Committee members on the dais) and argued that residents from the West End North District were currently paying the County over $9 million annually and not receiving services in return. 4. Ms. Alicia Rook, 1971 NE 188th Street, Miami FL, appeared in support of the foregoing proposed ordinance and noted that residents appeared in opposition of incorporation at a Board of County Commission meeting held in February 2014. 5. Mr. R. Brian Stringer-Rook, 1971 NE 188th Street, Miami FL, appeared in support of the item and voiced his opposition to incorporation of West Kendall. Seeing no other persons wishing to appear, Chairman Moss closed the public hearing. Commissioner Suarez commented that the incorporation process typically involved resident participation and inquired if the process was adhered to and if residents had voted in favor of incorporation. Commissioner Martinez provided a brief review of the incorporation process and requirements. He explained that a new municipality may be created in one of two ways: 1. By petition of 20 % of electors residing in the area; 2. By an affirmative vote of two-thirds (2/3) of the members of the Board of County Commissioners. Commissioner Martinez noted that in this instance the incorporation process was initiated by the prior District Commissioner and stressed that the residents were not in favor of incorporation. Commissioner Suarez urged the residents in favor of incorporation to abide by the County’s rules and procedures to initiate the process. Chairman Moss revisited the two avenues available for initiating the incorporation process. There being no further questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance as presented. Chairman Moss noted his support of the item was based on the sponsor’s wish to sunset the West End MAC for Commission District 11.

Board of County Commissioners	1/11/2017		Municipalities notified of public hearing	Government Operations Committee	2/14/2017	12/20/2016

County Attorney	1/10/2017		Referred	Government Operations Committee	2/17/2017

Board of County Commissioners	12/20/2016	4A	Adopted on first reading		2/14/2017		P
REPORT:	County Attorney Abigail Price Williams read the foregoing proposed ordinance into the record. Chair Monestime relinquished the Chair to Vice Chairman Bovo. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Unincorporated Municipal Services Area Committee on Tuesday, February 14, 2017, at 2:00 p.m.

Board of County Commissioners	12/12/2016		Requires Municipal Notification

County Attorney	12/12/2016		Referred

County Attorney	12/8/2016		Assigned	Cynthia Johnson-Stacks	12/13/2016

Legislative Text

TITLE
ORDINANCE REPEALING ORDINANCE NOS. 13-70, 13-71, 15-67 AND 15-68 RELATING TO THE WEST END MUNICIPAL ADVISORY COMMITTEE (SECTION ONE) AND WEST END MUNICIPAL ADVISORY COMMITTEE (SECTION THREE) CREATED TO STUDY THE POSSIBLE INCORPORATION OF PORTIONS OF THE WEST END AREA; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

BODY

WHEREAS, on July 2, 2013, the Board of County Commissioners (the �Board�) adopted Ordinance No. 13-70 which created the West Kendall (Section One) Municipal Advisory Committee and directed the committee to study the possible incorporation of a municipality in the West Kendall (Section One) area; and
WHEREAS, on April 23, 2014, the West Kendall (Section One) Municipal Advisory Committee was organized and began to meet; and
WHEREAS, on July 14, 2015, the Board adopted Ordinance No. 15-67 which renamed the West Kendall Municipal Advisory Committee (Section One) to the West End Municipal Advisory Committee (Section One) and extended the committee�s life to no more than two years from the effective date of that ordinance; and
WHEREAS, on July 2, 2013, the Board of County Commissioners (the �Board�) adopted Ordinance No. 13-71 which created the West Kendall (Section Three) Municipal Advisory Committee and directed the committee to study the possible incorporation of a municipality in the West Kendall (Section Three) area; and
WHEREAS, on March 17, 2015, the West Kendall (Section Three) Municipal Advisory Committee was organized and began to meet; and

WHEREAS, on July 14, 2015, the Board adopted Ordinance No. 15-68 which renamed the West Kendall Municipal Advisory Committee (Section Three) to the West End Municipal Advisory Committee (Section Three) and extended the committee�s life to no more than two years from the effective date of that ordinance; and
WHEREAS, each of these municipal advisory committees was created to study whether it is feasible or not to incorporate portions of the West End area into a municipality; and
WHEREAS, this Board finds that there is no further need for the municipal advisory committees to continue these studies; and
WHEREAS, this Board wishes to repeal Ordinance Nos. 13-70, 13-71, 15-67 and 15-68 in their entirety, to accomplish the purposes of this ordinance,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated in this ordinance.
Section 2. Ordinance Nos. 13-70, 13-71, 15-67 and 15-68 are hereby repealed.
Section 3. 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 4. 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 be excluded from the Code of Miami-Dade County, Florida.

Section 5. 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.