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Home My WebLink About2006-3543 Ordinance ORDINANCE NO. 2006-3543 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE III, SECTIONS 2-21 AND 2-22 THEREOF REGARDING GENERAL REQUIREMENTS FOR MEMBERSHIP ON CITY OF MIAMI BEACH'S AGENCIES, BOARDS AND COMMITTEES, BY CHANGING TERM LIMITS FOR AT-LARGE MEMBERS AND PROVIDING FOR AUTOMATIC EXPIRATION OF DIRECT APPOINTMENTS IN CERTAIN INSTANCES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article III, Sections 2-2l and 2-22 thereof are hereby amended to read as follows: Sec. 2-21. Applicability of division. Unless where otherwise stated, this division shall have applicability to all agencies, boards and committees ofthe city, including those related to the city redevelopment agency. The provisions of this division shall apply to the following agencies, boards or committees of the city only in those instances in which the applicable legislation or contract is silent concerning a matter set forth within this division: (l) Governed by federal, state or county law; (2) Created by contract; (3) Relate to land use issues (see chapter 142 City Code Subpart B); (4) Relate to pension funds; (5) Referred to as "commission committees" on which city commissioners serve as members; or (6) Exempt from certain provisions of this division. (Ord. No. 97-3086, ~ 1.1,7-2-97) Sec. 2-22. General requirements. Except as otherwise specifically provided: (1) All agencies, boards and committees shall express a statement of their bodies' purpose. (2) All agencies, boards and committees shall appoint a chairperson and a vice-chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's board or committee. (3) The enabling legislation for all agencies, boards and committees shall contain qualifications for membership as to knowledge and experience. (4) Members of agencies, boards and committees shall be affiliated with the city; this requirement shall be fulfilled in the following ways: a. An individual shall have been a resident of the city for a minimum of six months; or b. An individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city for a minimum of six months. Exceptions to subsections (4)a. and b. of this section shall only be permitted if it is determined by the City Commission that an agency, board or committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may otherwise comply with the terms of subsections (4)a. and b. of this section. (5) All ad hoc agency, board and committee terms shall be one year; all other agency, board and committee terms shall be two years, expiring on December 31 and commencing on January 1. a. Members appointed by individual city commissioners (referred to as "direct appointees") to a specific agency, board or committee shall serve for no more than eight consecutive years on such agency, board or committee. Notwithstanding any other provision of the City Code or of any Resolution, commencing with terms beginning on or after January 1. 2007, the term of every board member who is directly appointed by a member of the City Commission shall automatically expire by December 3l of the year the appointing City Commissioner leaves office. b. Members appointed by the city commission as a whole (referred to as "at-large appointees") to a specific any agency, board or committee shall serve for no more than six consecuti','e years on s-Heh any agency, board or committee as an at-large appointee. Nothing set forth in this subsection shall prohibit any individual from being re-appointed (and serving up to six 6 ears to an at-lar e osition after a hiatus of two 2 ears. However individuals serving on an agency board or committee who will have otherwise served six (6) years as of December 16, 2006, may serve the remainder of their existing term. Term limits set forth in subsections (5)a. and b. of this section shall be measured retroactively from an individual's initial appointment to membership on a specific an agency, board or committee. Exceptions to subsection (5)b. of this section shall only be permitted if it is determined by the city commission that an agency board or committee requires the membership of a registered architect or registered landscape architect who does not otherwise comply with the terms of subsection (5)b. hereinabove. (6) An individual member can serve as a chairperson of a specific agency, board or committee for no more than four consecutive years. (7) All agency, board and committee terms shall be staggered upon initial appointment by the city commission. (8) All agencies, boards and committees shall be supported by a city department. The supporting department shall make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. (9) . If any member of an agency, board or committee fails to attend 33 percent of the regularly scheduled meetings per calendar year, such member shall be automatically removed. To calculate the number of absences under the 33 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number. (10) During meetings, a standard sign-in register must be completed by members of agencies, boards or committees. If there is not a quorum to conduct agency, board or committee business, attendance and absences must otherwise be recorded. (1l) Attendance shall be recorded when an individual arrives within 30 minutes of the scheduled meeting time and remains for at least 70 percent of the meeting. (12) All agencies, boards and committees shall meet at least once quarterly, unless otherwise indicated in this chapter. (13) The chairperson or his designee shall biannually submit a completed written report form, supplied by the city administration, to the city commission and city manager. Additionally, the chairperson or his designee shall annually present an oral report to the commission and city manager. The contents of both the report form and the oral report shall be approved by the submitting agency, board or committee prior to the presentations. (14) Upon appointment, individuals shall receive an explanation of the government in the sunshine law, public records law, conflict of interest policy, mission statement, attendance requirements and other pertinent information. (15) Individuals serving on an agency, board or committee as ex officio members shall be nonvoting members. (16) The issue of conflict of interest/abstention impairs an individual's ability to be an effective member of an agency, board or committee. Members of any city agency, board or committee shall abide by the applicable provisions ofF.S. Ch. l12; County Code chapter 2 and article VII of this chapter, and any other applicable provisions of law, regarding conflicts of interest. (17) Members of the community shall be encouraged to attend agency, board and committee meetings. (18) Members of agencies, boards and committees shall be encouraged to make recommendations for the filling of vacancies on their respective bodies. (Ord. No. 97-3086, S 1.2,7-2-97; Ord. No. 99-3168, S 1, l-20-99; Ord. No. 2000-3231, ~ 1,2-9- 00) SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity ofthe remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the l6th day of December, 2006. , . PASSED and ADOPTED this 6th day of Decembe'r, t006! I -' , \Ii. \ ~. Dermer ATTEST: ~if PtU~ APPROVED AS ',0 fORM & fA"'JGUAGE &. FO .CUrrON CITY CLERK Robert Parcher F:\atto\OLIJ\ORDINANCES\Board Members Term.doc OFFICE OF THE CITY ATTORNEY ~ tlJIdmni~ F L o A D A JOSE SMITH City Attorney Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: December 6, 2006 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GONZALEZ FROM: JOSE SMITH CITY ATTORNE SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE III, SECTIONS 2-21 AND 2-22 THEREOF REGARDING GENERAL REQUIREMENTS FOR MEMBERSHIP ON CITY OF MIAMI BEACH AGENCIES, BOARDS AND COMMITTEES, BY CHANGING TERM LIMITS FOR AT-LARGE MEMBERS AND PROVIDING FOR AUTOMATIC EXPIRATION OF DIRECT APPOINTMENTS IN CERTAIN INSTANCES. Pursuant to the request of Vice Mayor Jerry Libbin, on September 11,2006 the Land Use and Development Committee met for the purposes of discussing proposed amendments to the Miami Beach City Code concerning: a) at-large member term limits; and b) automatic expiration of direct appointments in certain instances. Vice Mayor Libbin's proposal included changing the existing term limit for at-large board members from six consecutive years to six years, with a two year hiatus; also proposed was language establishing that terms of direct appointments shall expire automatically by December 3l ofthe year the appointing City Commissioner leaves office. After full discussion thereon, the Land Use Committee approved by majority vote the proposed amendments. On October 11, 2006, the City Commission approved on first reading this proposed legislation. Accordingly, the attached Ordinance is ready for City Commission review and discussion. JO/sc F:lattoIOLIJICMEMOIBoard Members Terms.doc Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Date ;;? S-C /~-tI:r -O~ i 21 ~MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING <D o o N ~- c:: LU aJ ::IE LU > o z > <( <:> Vl c:: :::> ::z: ..... NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, December 6, 2006, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By Amending Article VI Entitled "Sexual Offenders And Sexual Predators," By Amending Section 70-40, Entitled "Definitions" By Providing Definitions For Sexual Offenders And Sexual Predators, By Amending Section 70-402, Entitled "Sexual Offender And Sexual Predator Residence Prohibition; Penalties; Exceptions," By Providing A Prohibition For Sexual Offenders And Sexual Predators From living Within 2500 Feet Of Specified Locations Within The City Of Miami Beach Who Are Required To Register As A Sexual Offender Or A Sexual Predator With The State Of Florida Department Of Law Enforcement (FDLE); By Amending Section 70-404, Entitled "Additional Restrictions"By Providing That Persons Who Are Either Convicted Of Certain Violations In Which The Victim Was Less Than 16 Years Of Age, Regardless Of Whether Adjudication WasWithheld, Or Are Required To Register As Sexual Offenders Or Sexual Predators With The FDLE Are Prohibited From Knowingly Being Present In A County Or Municipal Park And Providing Signage Notification Of The Prohibition. Inquiries may be directed to the City Attorney's Office at (305) 673.7470. 10:20 a.m. An Ordinance Amending Ordinance No. 1335, The Classified Employee'S Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of Annual And Sick Leave For The Fraternal Order Of Police (FOP). Inquiries may be directed to the Human Resources Department at (305) 673-7520. 10:25 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Sections 2-21 And 2-22 Thereof Regarding General Requirements For Membership On City Of Miami Beach's Agencies, Boards And Committees, By Changing Term limits For At-Large Members And Providing For Automatic Expiration Of Direct Appointments In Certain Instances. Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:30 a.m. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Finance Reform," Sections 2-487 "Prohibited Campaign Contributions By Vendors," And 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement Issues," By Expanding Notice Requirements Of City Campaign Finance Laws, And Exempting From The Definitions Of "Vendor" And "Lobbyist" Those Persons And/Or Entities Who Provide Or Lobby Regarding Goods, Equipment, Or Services Not Exceeding $10,000.00 Per City Of Miami Beach Fiscal Year Wherein City Commission Action Is Not Required. Inquiries may be directed to the City Attomey's Office at (305) 673-7470. 10:35 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Section 130 "Off-Street Parking," Article V "Parking Impact Fee Program, "Section 130-132 "Fee Calculation," By Raising The Parking Impact Fee As Specified In Section 130-132 (D) Of The City Code. Inquiries may be directed to the Planning Department at (305) 673-7550. 11:30 a.m. An Ordinance Amending Division 2, Entitled "Handbills," Of Article III, Entitled "litter," Of Chapter 46 Of The City Code, Entitled "Environment, "By Prohibiting The Distribution Of Commercial Handbills In limited Areas Of The City; By Creating Rebuttable Presumptions Regarding Authorization Of Distribution Of Commercial Handbills; By Providing For Seizure Of Handbills For Use As Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Section By Creating Definitions Of Violator, Business, Commercial Handbill, And One Day And Amending Definitions Of Handbill, Person And Public Parking Lot; By Amending Provisions Providing For Fines And Penalties For Violations, Appeal Procedures, And Alternate Means Of Enforcement. InqUiries may be directed to the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, clo the City Clerk; 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. CI ~ ... = E oC E ... j: E 8 -d -;;; lu ::z: 'E '" i: CD ~ Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.01 05, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person I'!lUSt ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please c~ntact_ (305) .604-2489 (voice),