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1991 Adopted Policies P;"i ,~ ....'( C I T Y '~ 199 1 COMMISSION ADOPTBD POL I C I B S I Prepared by the Office of the City Clerk I (1) (2) (3) (4) (5) (6) (7) (8) 11/9/83 1/22/86 6/18/86 11/4/87 1/18/89 5/10/89 7/26/89 1/17/90 ~.. ..... '. ~.< . . ',. ..:.... .<",;',:".. .," , - .' ... ." :.~ ..-~ ',,: -'. . . ,~''''''. ;-\ ,"" COMMISSION-ADOPTED POLICIES MISCELLANEOUS SUBJECTS BOARDS & COMMITTEES Anyone wishing to be considered for appointment to a City board or committee should submit resume to Mayor's office (for circulation to each elected official) at least 7 days before such appointment is to be considered; resume to include name(s) of committee(s) for which applicant wishes to be considered. Administration to publish upcoming vacancies and application procedures. (NOTE: Copy of each resume shall be sent to City Clerk's office.) COMMISSION COMMITTEES Finance, Environmental, Land Use and Development, Rules and Special Events, Capital Improvements, and Community Affairs (Commission Committees) were created for the purpose of addressing key issues prior to full Commission action to permit review of complex issues and so forth.' Chairman and two members (3 Commissioners) are appointed to each committee and meet on as -needed basis. NOTE: On 1/17/90, Environmental Committee changed to Environmental and Clean City Committee. SALE/LEASE or CITY PROPD.TY There are policies and procedures by which public property will be considered for sale and/or lease (exclusive of properties in the South Pointe Redevelopment area which are governed by the provisions of Florida Statutes Chapter 163, as amended). VICE-MAYOR ROTATION Commissioners each serve a four-month term until the next election; terms determined by draw at first meeting following election of newly-elected Commissioners. STREET CLOSURES - (BARRICADES) Street closing policy set forth in Commission Memo No. 47-89 (what streets, process required, funding"costs, etc.) SUBMISSION or ITEMS FOR COMMISSION AGENDA AGENDA ADD-ON AND EMERGENCY ITEMS (5/7THS VOTE) Resolution adopted concerning City Attorney submission of all proposed legislation to City Manager five working days before City Commission meeting; policy re. submittal of items to Commission on Friday preceding regularly scheduled meetings; requiring 5/7ths affirmative vote for consideration of any item not meeting submission schedule policy... VACATION OF STREET ENDS AND OTHER RIGHTS-Or-WAY Standards and criteria (as recommended by Land Use and Development Committee) established for orderly and uniform processing in the vacation of street ends and other rights-of- way. TIME PERMITTED FOR SPEAKERS BEFORE CITY COMMISSION ,Commission approval that "How a person may appear before the City Commission" be amended to provide that speakers' presentation time would be determined by the Mayor in the exercise of his reasonable judgment under the circumstances. .... ,..,.,-.. or} ;' ,~ .' ;- ..'. -, <.. - . -'~.-. ~ .:'.'. ,~I..'L '. ~.; ::.~ .:~ :-. . (9) 2/7/90 (10) 2/21/90 (11) 2/28/90 (12) 1/9/91 (13) 2/20/91 (14) 10/23/91 (15) 10/23/91 11/14/91 REB:NH:pr .',:.- '",;"-':":>'.:,-~.i;..~~':C'~,:'~'~:: ~'.': '. .. . ... _ ,_. .._"_~ ,,;::~,,:,X:'; ~ ;';' -\~~,-_-",j:~;~:,;- ;. ':;'". . :';~_~::'~- ~.~ :.::C':'-; t:.};:;i_' ~'-'1;"', i....' ~ '.:~-~ r- ,~ ABANDONED BUILDING POLICY Criteria for bricking and boarding up abandoned/derelict buildings is found in Chapter 17B, "Property Maintenance Standards". ADHINISTRATPlE SAFEGUARDS ESTABLISHED Commission approved Miami Beach Taxpayers' recommendations at the conclusion of the Gelber report on the Homestead issue: 1. Require written opinions of City Attorney and bond counsel 2. Open discussion of the bond counsel's actions and responsibility to the City 3. Curb/modify use of the Consent Agenda, especially for monetary matters 4. That the Finance Committee enact procedures/policiesjby- laws enumerating its responsibilities and that all funding matters be referred to it 5. Establish/maintain open lines of communication between the City Manager and City Commission, and City Government and the Public. CITY ATTORNEY - NO OUTSIDE ElIPLOYHENT City Attorney shall not have outside practice and shall work exclusively for the City. A new City Attorney may wind up a couple of matters, but shall disclose same..to Commission and advise of time involved. NAHING OF STREETS & PUBLIC FACILITIES Chapter 39 of the Code provides that naming of main streets and public facilities shall be approved by 5/7ths vote of the Commission; shall be submitted to and approved by a majority of electorate at the next regular election. (NOTE AMENDMENTS: (1) Naming of plazas and interior portions' of facilities exempted from electorate approval 5/22/91; (2) Shall not be named or renamed for living persons 6/19/91) RESIDENTIAL PARKING PERMITS Ocean Drive Parking Strategy (Residential Parking Permit Area No.1) established as a permanent City policy. AFFIRMATIVE ACTION POLICIES Commitment to Equal Employment Opportunity reaffirmed; responsibility for Affirmative Action placed in the office of the City Manager; duties and powers outlined. Policy to promote increased participation in the City's work force by minorities and women. ROBERT'S RULES OF ORDER Robert's Rules of Order Newly Revised (1990 Ed. & all subsequent amendments) adopted as the general parliamentary law applicable to Commission meetings (to control in instances where the City's Charter, Related Laws. and Code do not expressly dictate parliamentary procedure). '_~.,~t~~''!'r.,.,~~t''~'f~1~I,i''''''''''",r,!!"",!iII:~""~!,,,,,,,,,t,,,, "",,,,,,",,,,,,,,,,,,,,,,J,,..,.,,,,,,,,,,,,,,,,,~ ,ry,,',. "",",,,,,,,,.,0,,,,,,,1, ",l.A~,,,,,,,,,,,.,,,,,,.,,,. ,,,~,.....,,,,"~,,",,,,,,,,",,,.. ,~, '" "'_ff"',"', ..."''"'''....'''',,..'' r- -. BOA R D S , COM M I T TEE S (1) .. -'" ,}, -: '.~, r ~ 137 CIft'~OARDS 'O:a.(:(MIXSStONS Date . '(Cont 'd) 11/2/83 11/9/83 cont'd mtg. a-3&..1 STANDARDS DD. /ORD. , 11/1/83 a-3& U/9/83 a-3&.1 (see PROP. MAINTENANCE COOB BNFORCBMEN'l' DD.) Memo 724-83, appts. expiring in mos. of Sept. , Oct., 1983, def. to 12/7/83. Comm. indicated anyone wiShIng to be considered for appt. submit resume to Mayor I s off. 7 days bef. such appt. is to be considered, resume to incl. name (s) of com(s) applicant wishes consideration. Admin. to publish upcoming vacancies & application procedures. Memo 724-83, discussion on 'combining Code Enforcement ad. , Min. Housing' Coml. Prop. .. ~.. ..-c..-..; ..,.-.....; ;.,', "., .: ",}-;i ._-'_ '!~'hff'~!!'~"""''''!!,-'.f!!ll'!~~'~!'~Jo;!, _,~~~".~"J ",!"'~;4"'""""" ""'"', ,,,,,,,,,,,,,L~o.. ",~....""". "",'".....~. "",.,.,,',,....',{;U""".,IIl~J"", ...,JJ!",,,, "',," "'""""'''''''''''''''''''''''',,"'' "'''''''~'/,,,,"..,,,,,,,,,,,..-,.,,",.....,, '1" "j r ,,- 'r --- --- C 0 K K I S S ION C 0 K KIT TEE S (2) :.: "'-~; .;. .. '. ". :;, ,_".'.,':,.:. /~.~f.i.:~.~':;;~': '.:J.:: ; ". r-" ~ July 31, 1991 HlAKI BEACH CITY COMMISSION CQHHI'l'TEIS All COJmDittee meetings are called on an as-needed basis and are usually held in the City Manager's Conference Roo.. ' COMMITTEE NAME: Caplt:al IDlprov...nt. C~tt:.. COMMITTEE CHAIRMAN: Commi.sioner Abe Resnick MEMBERS : CODds.ioner Stanley Arkin COJmDi..ioner Bruce Singer STAFFED BY: . Richard Gatti, Staff Coordinator Jud ICurlancheek Villi.. Harrison SECRETARY: Bonnie Bains COHIIln-aA NAHB: r1DaDc. Committ.. COHHITTEE CHAIRMAN: ec.usaioner Villi.. Shockett HEHBIllS : Co..t..ioner Stanley Arkin Co..tssioner Hartin Shapiro STAFFED BY: earla Talarico, Staff Coordin. Robert Nachlinger Peter Liu SBCU.TARY: Jane Bine. COMMITTEE NAME: Community Affair. Committe. COMMITTEE CHAIRMAN: Commis.ioner Abe Hirschfeld HEHBERS : Commi..ioner Abe a..nick Co.-iasioner Villi.. Sbockatt STAFFED BY: Stuart Rogel, Staff Coordinator Shirley Taylor-Prakelt Vacancy (Police Dept.) COMHITTEE NAHB: taDcl U.. and Developlll8llt ec-. COHHITTEE CHAIRMAN: eo-is.ioner Stanley Arkin HEHBIllS : Co.ds.ioner Abe a.snick CO--f..ioner Villi.. Shockett STAFFED BY: Stuart Rogel, Staff Coordin. Villi.. Harrison Dean Grandin Barry Havrogenes SICUTAllY: Althea Hallmon SECRETARY: Roberta Sloane COMMITTEE NAME: BmrlrOll8ntal & Cl.an City Coma. COHHITTEE CHAIRMAN: Co.-issioner Hartin Shapiro HEKBERS : Commissioner Bruce Singer Commissioner Abe Hirschfeld STAFFED BY: Stuart Rogel, Staff Coordinator Chief Braniard Dorris SECRE!ARY: Alth&a Bal1110n COHHITTEE NAME: aule. ancl Special Events ec-. COHHITTEE CHAIRMAN: CoIIId.sloner BrUce Singer KIKBEIlS : C~..ioner Abe Hirschfeld eo.u.ssioner Hartin Shapiro STAFFED BY: Carla Talarico, Staff Coordin. Robert Reboso SECRETARY : Roberta Sloane -59- <' . .' ~',: ';,.' ':,: ,--:', /""", r'"'\, March 28, 1986 MIAMI BEACH CITY COMMISSION COMMITTEES PROCEDURES I) Issues wl11 reach the committee level from two sources. a) The City Manaaer or his staff designee to the committee Ihall determine if an Issue Is appropriate for discussion before the committee prior to placing the item on the City Commission Agenda. b) The City Commission may refer a particular matter to a committee for investigation. : 2) Any Department Director or City CommissIoner wishing to surface an issue at the committee level w1l1 transmit a memorandum to the City Manager for consideration for the committee agenda. 3) Once the City Manager has determined that the Issue Is appropriate, it shall be forwarded to the Committee Secretary for inclusion on the committee agenda. 4) At the close of business each day, the Committee Secretaries will prepare a list of issues which have been referred to their committee for discussion. Each morning the City Manager shall review the lists of possible issues for the committees, and If necessary, contact the Chairperson of the committee to schedule a meeting. If the Chairperson agrees, the Committee Secretary wlll proceed to contact the other members and staff persons of the committee for an appropriate time for consideration. ,) The Staff Coordinator of the committee wlll contact the appropriate departments notifying them of the impending committee meeting, and requesting those departments necessary to be in attendance and fully prepared to cI1scuss the issues. Staff meetings will be held as necessary to coordinate the staff's position regarding the issues. 6) Once a meeting date and time has been agreed upon, the Committee Secretary wlll notify the Publ1c Affairs Director, who wlll notice the press of the committee meeting, and wll1 also notify the Staff Coordinator and the other department heads as necessary. The Committee Secretary will make arrangements for a tape recorder to be placed in the meeting room, and the Staff Coordinator shall be responsible for the maintenance of the public record of the meeting. At the close of the meeting the tape wUl be appropriately marked and sent to the City Clerk for retaining the public record. The Staff Coordinator will also prepare a summary of the issues discussed and the conclusions reached by the committee for use by the Chairperson in his report to the City Commission. A copy of the summary should be sent to the City Clerk along with the tape .for storage. 7) A draft of the committee's actions will be first prepared by the Staff Coordinator and then reviewed by the City Manager. The Committee Secretary will type it in final form and send it to the Chairperson and other members of the Committee. 8) Issues discussed at the committee will either be listed as separate action items on the City Commission Agenda or wlll be incorporated into the committee report portion of the agenda. 9) The Committee Secretary will malntam a Iue 01 the committee. This flle shall contain the notices to the committee; material distributed to the committee including copies of the committee reports; and the attendance llst for each meetlng. R WP:rs \1 l r--. ~ eu. .~ 1/ttaHd ~ead (I FLORIDA 33139 "V ACA TIONLAND U. .~. .4. " oPFa 0' THI CITY MANAGER ROB W. PARKINS CITY MANAGIR CITY HALL 1700 CONVENTION CENTER DRIVIE TELiPHONE: 173-7010 COMMIIIION MIMORANDUM NO. 7 () -U DATE: January 22. 1986 FROM: COMMITTEES TO: Mayor Alex Members of ? SUBJECT: As I reported to you, at your last Commission Meeting, I am endorsing the concept of City Commission Committees designed for the purpose of addressing key issues prior to full Commission action. As I noted, this process would permit the review of the complex SSDI negotiations by a Com~ittee on land Use and Development; issues tied to bonds and finCY.'cing by a Finance Committee; and issues related to Code Enforcement and Sanitation to be reviewed by an Environmental Committee. You wlll recall I advised that we begin this process for a trial period to run through June, 1986. Consequently, I am recommending the creation of the following Committees: 1. Finance Committee: Chaired by CommissIoner William Shackett with two additional Commissioners to be appointed. It is anticipated that the Parking Committee and the Bond Counsel Committee would become incorporated into the Finance Committee. Staffed by Carla Talarico, Robert Nachlinger, and Peter Liu. 2. Environmental CommIttee: Chaired by Commissioner Ben Grenald with two additional Commissioners to be appointed. Staffed by Richard Fosmoen, Jack Fidler, Braniard Dorris, Jerry Wallace, and Pablo Aguilera. 3. land Use and Development Committee: Chaired by VIce-Mayor Stanley Arkin with two addItional CommIssioners to be appointed. Staffed by Richard Fosmoen, Stuart Rogel, and Jud Kurlancheek. 4. Rules and Special Events Committee: Chaired by Commissioner Bruce Singer with two additional Commissioners to be appointed. The current , Plaques and Memorials Committee functions would be incorporated into this new Committee with the additional responsibility of reviewing the City- wide Citizens Committee Structure. Staffed by Carla Talarico and Zeke George. 5. Capital Improvements Committee: Chaired by Commissioner Abe Resnick. Staffed by BlU Harrison, Ed Underwood and Jud Kurlancheek. 6. Community Affairs Committee: Chaired by Commissioner Sidney Weisburd. Staffed by Ron Rumbaugh and Shirley Taylor-Prakelt. . Again, these proposed Committees can be supplemented by additional Committees as they become necessary. cr)f\ '; r,.'! I "~ S lor J I.,1C!:, i !l'l(~ ADMINISTRA nON RECOMMENDA nON: ,!:,:) :: <.' y~s That the Committees be established and members appointed. l;11 '{ 01: r. d/\!,1I 8EACH RWP:gjg AGI~~~~ _ ~ .. R DATE --1-2 2.. g, r-- ~ rrBII R-8B CDKtSSI<XI JIDI)RMDUM g). 70-86 CRBUI<1t op cu.uSSIOII CDMIftBBS. AIlilIRIS"l'RA'l"I<XI RBCXMIBRIa'l'I<:B: THAT 'l'RE FOLLOWING COMMI'l"l'EES BE ESTABLISHED AND MEMBERS APPOINTED: 1) CAPITAL IMPROVEMENTS COMMITTEE 2) COMMUNITY AFFAIRS COMMI'J"I'RP. 3) ENVIRONMENTAL COMMITTEE 4) FINANCE COMMITTEE t.lNCORPORATING BOND COUNSEL COMMITTEE AND PARKING -COMMITTEE) 5) LAND USE , DEVELOPMENT COMMI'l"l'EB 6) RULES , SPECIAL EVENTS COMMI'l"l'EE (INCORPORATING PLAQUES & MEMORIALS COMMITTEE: TO REVIEW CITYWIDE CITIZENS COMMITTEE STRUC'l'URE) ~<1t1 Administration's recommendation approved, see memorandum attached to Action Summary for appointments. DAOUD: Mr. Parkins, R-8B; Commission COI\IDittees. PARKINS: Yes, sir. Mr'. Mayor and members of the City Commission, I'm going to pass out to you a memo that reflects the discussion we've had previously and begins to streamline somewhat some of the colllDittee procedures for the Commission and for the Administration. I reported to you at the Commission meeting that we are endorsing the concept of City Commission committees designed for the purpose of addressing key issues prior to full Commission action. As I noted, the process would permit the review of the complex SSDI negotiations by the Commission on Land Use and Development, issues tied to bonds and finance, by Fi~nce Committee, issues related to Code Enforcement and Sanitation to be reviewed by an Environmental COIIIIittee. You will recall I suggested that we begin the process for a trial period to run through June 1986. After review with you, Mr. Mayor, and review with the members of the Commission, we've suggested the creation of the following committees: A Finance Committee. We'd recommend it be chaired by COIIIIlissioner William Shockett. We need two additional Commissioners to be appointed. You suggested you'd want to do that on a request basis (unclear, overlap) ... DAOUD: Yes, I'd like to. What I'd like to do is find out which Commissioners would like to ... PARKINS: be on which c01llli ttee? DAOOD: Yes. PARKINS: The second is the Environmental Committee chaired by CODftissioner Ben Grenald, with two additional Commissioners to be appointed. The staff persons are indicated. Land Use and Development Committee, chaired by Vice Mayor Stanley Arkin. There are staff persons also. These would be private development and land use activities. Rules and Special Events, chaired by Commissioner Bruce Singer. Two additional Commissioners would be appointed. The Plaques and Memorials Committee would then be incorporated into this and the additional responsibility would be added to review the City-wide Citizens COlllDittee structure. This is in line with a conversation that Commissioner Resnick and I had most recently and we've had on other occasions with others of you, that we need to review periodically the structure of our citizens' committees. Fifth, Capital Improvements Committee, suggested chaired by Commissioner Abe Resnick. That would be the major capital improvements of the city. Sixth, the COlllDunity Affairs COllllittee, chaired by Commissioner Sidney Weisburd. He had been involved with the Human Relations Committee if you recall, and that would be a primary responsibility as well. This is a recommendation to you. You may accept it as proposed. You may change it in any way you would wish. Certainly if you accept it as proposed, we'd ask if you could then begin to designate the additional Commissioners for each. Keep in mind now that the committees will meet then organizationally at first and we'll set up a regular schedule of activities. They are "sunshine committees" and have to be noticed to the press. DAOUD: Fine. All right, we'll take ... What I'll do is request that you tell me which committees you would like to serve on. COMMISSION MINUTES - 1/22/86 Page 53 r'- ~ RESNICK: Just a minute. Before we go ahead, 1 would like to mention that my item, R-9N, which is called the improved department operations, is some way related to this, was what Mr. Parkins had brought up. I'I'BII R-9N DISCOSSICB RBGUDIlIG X.ROVBD DBPARI'IBI'l'AL OPBRA"I'IOIIS. ACrIOR: Commissioner Resnick suggested that Commissioners be assigned as liaison to oversee functions of various City departments. Commissioner Singer suggested that such would be contrary to City Manager/Commission form of government and that formulation/usage of Commission committees (R-8B) would accomplish desired effect. Mayor Daoud suggested Commissioner Resnick meet with City Attorney regarding his proposal, and asked City Attorney to submit report and recommendation for 2/5/86 meeting. DAOOD: All right, do you want to bring that up? RBSNIC!C: Yes, I would like to see how We can combine that. My idea was to have each COJIIIlissioner take certain responsibility for sOIIle of the departments rather than to have committees, because 1 feel cOllDlli ttees are good sometimes, but committees are sometimes also a waste of time in the sense that they tie up staff and it takes them quite a long time to come up with some solutions. 1 felt that maybe each Commissioner, if he would be in charge of some department, he would be able to look in and to see some deficiencies and come up with some recommendations and then maybe bring it up before a committee. So, maybe we can find some middle roadway for combining R-88 and R-9II. SHOCKBTT: Mr. Mayor. DAOUD: CODIIlissioner Shockett. SHOCKETT: Yes, I'm not sure 1 understand what is meant by "taking charge of a department", number one. This list, this suggested list of committees {R- 88), I think, is an excellent idea and it kind of like tracks what the County does. Por instance, the Convention Center 8xpansion we met with Commissioner Redford and his committee. They did all the leg work that had to be done for Commission action and these committees here are for leg work for Commission action as opposed to the function of the City administration through the various departments. So, 1 think that, one, just because we're talking about committees, 1 think it's totally separate and apart from the issues that are raised by Commissioner Resnick because these are things that a Commissioner does'. A Commissioner, if there are three, a chairman and two collUllittee members, a lot of time that's taken up at a Commission meeting will be avoided and this, again, goes to the legislative function of the City, which is our function. So, 1 would like to address this separately and then hear in more detail what COllDllissioner Resnick is talking about in terms of "taking charge of a department" and having a Commissioner responsible or lOOking into the operation of a department. We approved today, on the agenda, the Touche Ross data acquisition, whatever you want to call that, because that is what is necessary to analyze, or properly analyze, whether departments are functioning properly and economically and whether they need to be combined, or duplication of work and services. So, 1 think that's separate and 1 would . . . The only suggestion 1 have on this list, and 1 would volunteer for another committee as well, is that the Pinance Committee also include the City Attorney (R-88) because you're talking about Bond Counsel Committee, which is definitely legal-related. So, 1 would suggest that the City Attorney also be included in that committee. I would like to be part of cOllDllittee three, the Land Use and Development Committee. (R-88) SINGER: Why don't we do this as far as that, the sheet that we got handed out, I'm just putting my name on the top of it and circling the two that I'm interested in and giving it to Mayor Daoud. SHOCKETT: Well, everybody may want to be on the same collUlli ttee, so 1 think it's worthy... SINGER: Should we work it out now at the table? Is that what you want to do? COMMISSION MINUTES - 1/22/86 Page SA . ""- ..'.',,'.. ..". ", ....." ., ~ ,.. - ~ ;. ~ . ~....-'.....: /" :.-,.':: ....;.......,..."-. ...:;.:,:-,::~.;-~( '-:-:'. < >~. .~.;.J:-~ ~..._ .I.' ..: ~"."": ~ . ...~~.: > -:: i..~'f~": '-'~:"". ~ ~ . ) C-5A COKK~SSION MEHORANDUH NO. 32-90 RENTAL FEE VAIVEI. FOR HlAHI BEACH CHAHBEI. OF COHKEllCE BIZ BASH. TO BE HELD AT THE 10TH STREET OCEANftONT AUDITOllIUH, TUESDAY, FEBllUAl.Y 13, 19'0, FilOH 2 TO 8 P.H. ADHINISTRATION RECOHHENDATION: THAT THE CITY COKKISSION WAIVE THE RENTAL FEE: ANY DIRECT COST(S) FOR PE1t.SONREL, CLEAN-UP. OPERATION OF SAID FACILITY, ETC.. INClJRUD BY THE CITY, AU TO BE REIMBURSED. IN ADDITION, ALL SPECIAL EVENT REQUlREHENTS, INCLUDING INSURANCE. AU TO BE ADIIEllED TO. Action: Administration's rec01llllendation approved. Event vill be open to the public and vill showcase the Hiami Beach Historic Preservation District. Note: Event vill not interfere vith the hot ..ala program; however. Tuesday nilht's Juke Box prolram w111 have to be cancelled. DAOUD: C-5A. The waiver of Miami Beach Chamber opf Commerce Biz Bash. 10th Street Auditorium. PAR.KINS: Yes, sir. Ve recolllll8nd it. This is a fee waiver where they will pay all other costs. ARKIN: Move it. SROCKETT: Second. DAOUD: It's moved by Commissioner Arkin. seconded by Commissioner Shockett. All in favor say. "aye". COMMISSIONERS: Aye. DAOUD: Opposed? (No response) Passes unanimously. (laughter) Clint voted in favor of it. Let's get moving. Vbat's the next thing? . R-3A COMMISSION MEMORANDUM NO. 37-90 BOARD AND COHHITTEE APPOINTMENTS 1. COHHISSION HEHORANDUM NO.703-90 APPOINTMENT OF COMMUNITY DEVLEOPMENT ADVISORY COHHITTEE MEMBERS 2. CONFIRMATION OF APPOINTMENTS TO COHHISSION SUBCOHMITTES. Action: No at-large appointments made. 1. Deferred. 2. Mayor Daoud advised that the subcommittes were appointed (see meeting back-up for composition). The City Manager advised that the name of the Environmental Committee had been changed to the Environmental & Clean City Committee. (Also see related item R 9A) PARKINS: All right, sir, can I have ratification .... are you going to reappoint all the Community Development Advisory Committee members as they currently are? (All Commissioners talking at once) All right, pass on that then. Can I get confirmation appointments to Commission subcommittees, Mr. Mayor? Is that acceptable to you? DAOUD: To Commission, what? PARKINS: Subcommittees. DAOUD: Yeah, I reappointed everybody ....(unclear). PARKINS: Very good, sir. DISCUSSION CONTINUES ON FOLLOVING PAGE VITH ITEM R-3B COMMISSION MINUTES - 1/17/90 T8-l Page 106 .-.. , """""",.""",,,,,,,,. ",.",1."""""""""""'" ""~~I",.,,. ~J "~"'~'" .,..,.~., = ,""", "''''.~' ""e ,,,,,.. ....""".".....".",~. """"' ."",J.lI;~".." ""'='"""""""'O'",,,,".m ""'~',,"""''''', ",.,",."". ~""""""""",,"''''''r!'~''r1!1I''1!'''~1 " S ALE / LEA S E o F C I T Y ~ PROPBRTY (3) r ~ RESOLUTION NO. 86-18491 A RESOLUTION APPROVING THE PROCEDURES BY WHICH PUBLIC PROPERTIES WILL BE CONSIDERED FOR SALE AND/OR LEASE WITHIN THE CITY OF MIAMI BEACH EXCLUSIVE OF THOSE PROPERTIES LOCA TED WITHIN THE SOUTH POINTE REDEVELOPMENT AREA AND GOVERNED BY THE PROVISIONS OF ACT 163 OF FLORIDA STATUTES AS AMENDED. WHEREAS, the CIty CommIssion has reviewed methods by which the City wlll conslder dl'poAJ of public property eIther through sale or lease and; WHEREAS, the City of Miami Beach is de~lrous of estabUshln. standard. and auld.Une. by which publlc properties shall be considered for disposition; NOW THEREFORE BE IT OUL Y RESOLVED by the City Commission of the CIty of Miami Beach, Florida, that the following procedures shall be adhered to in considerIng CIty property for sale and/or lease: . A. A legal opinon, including a titie search to determine If there are deed restrictions, covenants, or subdivision restrictions to whether or not the property can be disposed of shall be prepared. If the City is initiating a property for consideration, then It shall be the City's responslb1l1ty for obtaining the legal opinion Including title work. If the City is approached by a private party for the use of certain City properties, then it shall be the responsibUlty of the private party for obtaining legal opinion and necessary title search. B. There shaH be a determination as to whether or not adjacent property owners have vested interests In the property, and whether or not a Request for Proposal is necessary prior to entering into sale and/or lease negotiations. If the City is initiating a property for consideratton, then it shall be the City's responsiblllty for obtaining the determination. If the City is approached by a private party for the use of certain City properties, then it shall be the responslblllty of the private party for obtaining the determination. C. The City or the proponent for lease or sale shall obtain two Independent appraisals of the fair market value of the property for its intended use. The appraiser shaU be seJected from a Hst provided by the City Attorney's Office. The determination of fair market value shall provide a basis for negotiation. It is not intended to be a fixed price, since other City objectives may impact the value, such as offsetting improvements, exchanged land, or other considerations that may become part of the sale or lease agreement. ,r-' ,""' D. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Shouid it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. . E. The City Planning Board shall hold at least one public hearing for consideration of necessary re-zoning and/or amendment to the comprehensive plan and In order to obtain citizen Input into the possible lease or sale of City property. The Planning Department shall prepare an analysis of the proposed sale or lease using the following criteria: i. Whether or not the proposed goals and objectives and comprehensive plan. use is 10 keeping with City conforms to the City 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, Increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the City'3 revenue base, reducing City costs, creating jobs, creating a significant revenue stream and improving the community's overall quality of life. 4. Determination, as to whether or the development is in keeping with the surrounding neighborhood, wUl block views, create other environmental intrusions, and the design and " aesthetic considerations of the project. ,. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. 6. A determination as to whether or not alternatives are available for the proposed disposition, inciuding assembly of adjacent properties, and whether or the project could be accomplished under a private-ownership assembiy. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the City for its disposition of property. ~ .~ 8. Such other issues he Planning Department and Planning Board may deem appropriate in their analysis of the appropriateness of th. proposed disposition. F. Should the City or the proponent for the sale or lease not wish to undertake a public bidding process, then the City or the proponent shall obtain the appropriate legal opinion that a public bidding process is unnecessary. If the proponent is unable to obtain the necessary legal opinion, but wishes to proceed with sale and/or lease negotiations, then the sale or lease agreement shall be first negotitated, and then made available for others to bid against. G. Prior to the final approval by the City Commission of a sale or lease of City property, and after the amendments to the comprehensive plan or the Zoning Ordinance have been considered, all necessary variances shall also be obtained from the Board of Adjustment and incorporated into the final sale or lease agreement for the property. PASSED AND ADOPTED THIS 18th DAY OF June , 1986. Attest: ,,(/ ~~~ City Clerk s;~ RLF:lg F()~ l, ii' · piJ~~' ;":, ~,;' :,:;: ,.. .~.,."" -.: 4"... ..... LEG/~L D~~PT. Byb1l..~.~ Date .._,.__f._:.lk:'f' - , ~"",,4il<,,I,,!~"l' p,U""",,,,.l,,,,),,.,.!.,,,. '" ",."".."",~),",h!llIl,~J,5""""",~"t, ~"_.,,.,,.,'".,~,~ , , ". ,~"'1",,~" ".l"JIJ1."""""",~,, J "~,""".,.,,,,.dl,,"~ " " -""', >"'''= ,,~""" ""~,''''''',.. ""'", ", ""', .""'., C'" .LUll ~ --- V ICE - KAY 0 R ROTATION (4) I"""" """"" 88 MIAMI BEACH em CoDE 88 The mayor shaU be the presidinr officer at the meetinp of the commission and shall bear the title of mayor and shall have a voice and a vote in the proceedings of the city commission but no veto power, and he may use the title of mayor in any case in which the execution ot legal instruments in writing or other necessity arising from the general laws of the state so requires; he shall sign all deeds, contracts, bonds or other instruments of writing to which the city is a party when authorized so to do by ordinance or resolution of the city commission. but he shall not have the administrative or judicial functions and powers of a mayor under the general laws of the state. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, by the governor in the exercise of miJitary law and for all ceremonial purposes. and he shall, in addition thereto, perform such other duties as may be by ordinance prescribed by the city commission. The city commission shall, at its first meeting after -.) each general election, which shall be within three days after the ; general election, elect from its membership a vice-mayor who "- during the absence or disabiJity of the mayor, shalJ perform the .' ,- duties of the mayor. In the absence or disabiJity of both the mayor' and vice-mayor the said duties shan be performed by another member appointed by the commission. The city commission shaU meet at such times as may be prescribed by ordinance or resolution. The mayor, or the city manager, may call special meetings of the commission upon at least twenty-four hours' written notice to each member, served personally, or left at his usual place of abode; provided, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the ' commission. No member of the city commission shall, during the time for which he was elected, be appointed or elected to any city office that has been created or the emoluments thereof shall have been increased during such time. There shall be a health advisory board that will hold regular meetings to review and advise the administration and the commission of all matters that relate to the health, welfare, and satety of the citizens of Miami Beach. 22 Supp. #46, 5.88 r" ~ REGULAR AGENDA - NOVEMBER 4, 1987 R-8. OLD BOSlNESS ARD ADMINIS'l'RA'l'IOB REPORTS (CON'l'INUED) C. COMMISSION MEMORANDUM NO~ 767-87 PLANNING BOARD'S RECOMMENDATION TO AMEND THE ZONING ORDINANCE TO: 1) CHANGE ZONING OF PROPERTIES ON OCEAN TERRACE FROM RM-60 TO MIXED USE ENTERTAINMEN'r DISTRICT (MXE) J AND, , 2) INCLUDE PROPERTIES FRONTING HARDING AVENUE, COLLINS AVENUE, OCEAN TERRACE, AND ATLANTIC WAY FROM 731tD STRBB'l' TO 87TH 'l'BRBACE, UNDER THE DESIGN REVIEW PBOCBSS. 1. PROPOSED ORDINANCE. 2. A RESOLUTION CALLING A PUBLIC HEARING. ADMINISTRATION RECOMMENDATION: THAT THE CITY COl:JMISSION SCHEDULE A PUBLIC BEARING TO CONSIDER THE BOARD'S RECOMMENDATION. (ZONING AND PLANNING DEPARTMENT) ACTION: Resolution No. 87-19065 adopted, calling hearing for January 6, 1988, at 2:45 p.m. R-9. NEW BOSINESS ARD COMMISSION REQUESTS .// '\ / , I (I .I A. SELECTION OF VICE-MAYOR. ACTION: Commission established policy of rotating position of Vice-Mayor every four months, with sequence determined by drawing. Vice-Mayor terms selected Sidney Weisburd Bruce M. Singer Abe Resnick Ben Z. Grenald Stanley H. Arkin William E. Shockett as follows: 11/4/87 - 2/29/88 3/1/88 - 6/30/88 7/1/88 - 10/31/88 11/1/88 - 2/28/89 3/1/89 - 6/30/89 '7/1/89 - 11/7/89 Note: Commissioner Resnick originally drew second term and Commissioner Singer the third. By mutual agreement, Commissioner Singer took second term and Commissioner Resnick the third. B. COMMISSION MEMORANDUM NO. 768-87 STATUS REPORT ON SELF-INSUWU1CE PROGRAM (AUTOMOBILE AND GENERAL LIABILITY CLAIMS EXPERIENCE FROM 12/11/85 THROUGH 9/30/87, WORKERS' COMPENSATION CLAIMS EXPERIENCE FROM 12/1/86 THROUGH 9/30/87, FUND INTEREST INCOME REPORT). (REQUESTED BY VICE-MAYOR WILLIAM E. SHOCKETT) ACTION: Written report filed for information on1YJ no action required or taken. END OF AGENDA ADJOURNMENT: 11:41 a.m. ROB W. pARKINS, City Manager RWP /EMB: d1s ACTION SUMMARY (R-8e - R-9B) NOVEMBER 4, 1987 -9- l_,}"."""",,,,,,,,,",,,,,,,~,,,,,~.,, """,,,,,,,,,,,",,,,,,' J,.,4i-",JjJl,!~~~"""''lI'~,",""",,,,,,ln,, M "..",,,,,~,.,,..,~,,,,,",,,, __",~"",_ ,~,,"'''"., ''''-''or'''''' ~J,!U,,,,,",,,,, "" 'l"""'""""", ".'" .~,." '" "..,=..,.."" '''''' ''',"' ,",""m'",,~"'" ,,-.. -.. S '1' R E E T C LOS U RES ( BAR R I CAD E S ) (5) , . ,." ~ -.. :"J /"" ~ _GULAR. AGBHDA - .D.RUARY 18,' 1989 .7. IIBSOLU'rIOBS (COIn:'.l.nww) C. A RESOLU'l'ION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AU'l'BORIZING THE MAYOR AND THE CITY CLERK 'l'O EDCUTE AN AMBRDMBlft 'l'O '!'HE MBMDBANDOM 01' A~ BETWEEN THE CITY OF MIAMI BEACH A.."ID THE FLORIDA DEPARTMENT OF NATURAL RESOURCES CONCERNING NORTH SHORE OPBN &PAC! SAVB OUR COAST PBOJBCl. 1. AMENDMENT 'l'O THE MEMORANDUM OF AGREEMENT. (CITY MANAGER'S OFFICE) AerIOR: Resolution Ho. 89-19510 adopted, amending the Memorandum of Agreement with DRR by outlining the distribution of funds derived from parking meter collections, parking meter enforcement, parking meter collection and maintenance, and the obligation to secure and pay for title insurance. The City Manager ad~ised' the City would provide for the title insurance, up to $28,000, to be reimbursed by the State. Also see related item, R-7B. R-8. OLD BUSIHBSS AlII) ADIIINIS"lRATIOB BBPORrS A. COMMISSION MEf<<)RANDUM NO. 46-89 PLANNING BOARD RECOMMENDATION: APPROVE CONDITIONAL USE REQOES~ OF JIIAIII BBACB JEWISH COllHlMI"tY CBH'lBR FOR CONSTRUClION 01' A BOk.dDJSB AND I"J.CWrIHG DOCK AT 65TH STREET AND INDIAN CRBBK DRIVB. (FILE NO. l019-A) ADMINISTRATION RECOMMENDATION: THAT THE CITY CCMUSSION APPIIOVB THE RBQOBS'l' , WITH STIPULATIONS RECOMMENDED BY THE PLANNING BOARD. (pLANNING AND ZONING DEPARTMENT) AerIOR: Commission approved request, SUbject to 13 stipulations* of the Planning Soard, to be complied with prior to the issuance of a building permi t. Conditional Use approval to become null and void if a building permit not issued within six months after the date of approval; said Conditional Use may' also become null and void if a Certificate of Completion or an Occupational License is not issued within two years after approval. *See meeting file records for details. '~, B. COMMISSION MEMORANDUM NO. 47-89 v S'rRBE'r CLOSIHG pOLICY AND SCHEDULING FOR PUBLIC TAKING OF TESTIMONY 'l'O CONSIDER A SPECIAL ASSESSEMENT DISTRICT FOR CLOSURES OF HOImJ SHORB, SOU'f'II SIIORB, ARD PAIRllAY DIlIVBS. ADMINISTRATION RECOMMENDATION: 1) THAT THE CITY COMMISSION ADOPT THE DESCRIBED POLICY FOR STREET CLOSURES; 2) THAT PUBLIC TAKING OF TESTIMONY BE TAKEN 'l'O CONSIDER A SPBClAL ASSBSSMBRr DISTRICl AS A RESULT THE CLOSURES; AND 3) THAT PUBLIC TAKING OF TESTIMONY BE SCHEDULED 'l'O OBTAIN COMMUNITY INPU'l' REGARDING THE BALANCE OF THE CLOSURES CURRENTLY UNDER CONSIDERATION. (pUBLIC SERVICES DEPARTMENT) AerIOR: The City Commission approved the Administration's recommendation to adopt the street closing policy as outlined. The Manager advised charts illustrating the street closure locations, what they would look like, costs, etc. would be available at the taking of public testimony, to be advertised by the City Clerk, possibly to be held at the North Shore Park Teen Center. He also advised a Court Reporter would be available to take the public testimony and that a summary of the record would be provided to the Commission for review prior to passage of a resolution. NOTE: Same procedure to be followed for balance of closures under consideration (see file records for locations). NOTE: Memo originally called for public hearing, however, the Manager changed his recommendation at the meeting. The Manager also advised a traffic study had been prepared. AC'rIOH SUMMARY (R-7C - R-8S) .DUmARY 18, 1989 -1.1- ,,-,.. ~ ~ ~ '1ItiaHd ~ead FLORIDA 33139 "V ACA TIONLAND U. S. A. " OFFICE OF THE CITY MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 873-7010 COMMISSION MEMORANDUM NO. ~ DATE: January 18, 1989 FROM: G UCY AND SETTING PUBUC HEARING FOR NORTH UTH SHORE DRIVES TO: SUBJECT: In accordance with State Legislation granting cities the opportunity to close certain streets, the City of Miami Beach has received petitions to close the following noted streets: 1. Bay Drive at east side of Rue Granville 2. Bay Drive at west side of Rue Granville 3. Calais Drive at east side of Trouville Esplanade 4. Flamingo Drive at south side of 25th Street .5. Marseille Drive at east side of Trouville Esplanade 6. Marseille Drive at west side of Rue Notre Dame 7. North Biscayne Point Road at Bridge over the east canal on Biscayne Point 8. North Shore Drive at south side of Fairway Drive 9. South Shore Drive at Ray Street To date, the City has experimentally closed the five (.5) streets on Normandy Isle, and the bridge on Biscayne Point. The closures to date are of a temporary nature, and if made permanent will require a legislative policy, and appropriate funding, for the required capital improvement. To deal with these streets, pending and future similar issues, it is recommended that the following policy be established: Street closures will be limited to local residential streets (as defined by the American Association of State Highway and Transportation Officials), and as provided by Florida State Statutes. Consideration of street closures will require petitions outlining the complete proposal, and signed by more than 50% of the property owners affected. Each considered closure, or group of neighborhood closures, will require a Public Hearing providing the opportunity for input of the affected property owner. (O~~MiSSU)N MEili~~G ,I,h.N ] 8 \989 , :'-:~ Each considered closure, or group of neighborhood closures, will be subject to the following City of Miami Beach Commission's actions. a) Resolution authorizing preparation of design and construction documents. CITY OF M~AMI DE.t.,CH 6 AGENDA ITEM R-~-~ DATE ,,-... ,~ b) Resolution appropriating Gas Tax funds for construction of closures. 1) <Subject to the area affected, a range of property costs will vary from .20C to .SOC per front foot. Special assessment administrative costs prohibit or minimize this method as a funding vehicle). c) Resolution authorizing permanent construction of proposed closures. ADMINISTRA nvE RECOMMENDA nON The Administration recommends 1) that the City Commission adopt the above-described policy for street closures; 2) that a Public Hearing be set to consider a Special Assessment District resulting in the closures of North Shore Drive, Fairway Drive and South Shore Drive; and 3) that a Public Hearing be scheduled to obtain community input regarding the balance of the closures currently under consideration, which are listed as Items 1 through 7 on the preceding page of this Memorandum. R WP/RLR/RAG/mlw COIJiMJSSION I~EETJ.lG JAN ]8 1989 7 CITY OF MIAMI B~s\CH 1",,)"1""""""\' 'w.,"'""'.,..., .",.,', J,t4c",~"'"'' ,~,.",kfIJI,!,..t!I~~"~~I~k,~L""...,,, '",.,."..,,,,.,,,,,,,,., ..,."j~.,~I",lj~,."". ,,], ,,,,,,l,i;tl!,JtJl,!I~,.~JI..,,,,,,",,,,.,,,,, ~,.,.., ,.""",JL""""","""",~,,~~, ~~.'n1.",~''''l''!' ,- -.. SUB MIS S ION o F I T EMS AGENDA FOR COM MIS S ION (6) ..~~" \" "':~:,,::".. ~~ '/.;. ".7.'_" .'."_~..:;..i,- . ,,:~_~~.". >.;:: ..-ir:.': I""'" .-.... RESOLUTION NO. 89-19610 A RESOLUTION OF THE CITY' COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA REPEALING CITY OF MIAMI BEACH RESOLUTION NO. 82-16989 CONCERNING CITY ATTORNEY SUBMISSION OF ALL PROPOSED LEGISLATION TO THE CITY MANAGER FIVE WORKING DAYS PRIOR TO CITY COMMISSION CONSIDERATION; FURTHER, ESTABLISHING A POLICY FOR SUBMISSION OF PROPOSED LEGISLATION AND OTHER MATTERS TO BE PLACED ON THE CITY OF MIAMI BEACH CITY COMMISSION AGENDA WHEREBY SAID ITEMS SHALL BE SUBMITTED TO THE MAYOR AND CITY COMMISSION ON OR BEFORE THE FRIDAY PRECEDING REGULARLY SCHEDULED CITY COMMISSION MEETINGS, AND FOR THOSE MEETINGS SPECIALLY SET SUBMISSION SHALL OCCUR AT LEAST THREE WORKING DAYS PRIOR TO SAID MEETING, AND REQUIRING A FIVE-SEVENTHS AFFIRMATIVE VOTE FOR CONSIDERATION OF ~Y ITEM NOT MEETING THIS SUBMISSION SCHEDULE POLICY. WHEREAS, in order to enable the city's legislators to fully review and determine the matters set forth in City Commission agenda packages, it is vital that all items contained in commission agendas be subjected to a submission schedule; and WHEREAS, for purposes of establishing uniformity in the submission of Commission agenda items and in the compilation of said agenda, the City commission has determined that a submission' schedule herein must be implemented; and WHEREAS, all prior policies of the City of Miami Beach pertaining to submission of agenda items, specifically, that policy set forth in city of Miami Beach Resolution 82-16989 regarding the submission of proposed legislation by the City Attorney to the city Manager at least five working days prior to City commission consideration thereof, be and the same is hereby repealed: and WHEREAS, from this time forward, all items to be considered by the City of Miami Beach City commission shall be published in the agenda of the City of Miami Beach, and be submitted to the Mayor and City Commission on or before the Friday preceding regularly scheduled City Commission meetings, and in those instances when a meeting is specially set, submission to the Mayor and City Commission shall be at least three working days prior to said meeting, wi th the further requirement that any item not meeting this submission schedule policy shall be discussed at City Commission meetings only upon a five-sevenths affirmative vote thereon. ~ ~ NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that city of Miami Beach Resolution No. 82-16989 concerning submission by the City Ateorney of all proposed legislation to the City Manager f~ve working days prior to City commission consideration is hereby repealed in its entirety and that the policy pertaining to submission of agenda items shall be that said items must be submitted to the Mayor and City commiaaion on or before ~he Friday precedinq regularly scheduled City commission meetings, and in those instances wherein a meeting is specially set, submission to the Mayor and ci ty Commission shall be at least three working days prior to said meeting, further providing that any item to be discussed at city commission meetings not adhering to the procedure as outlined hereinabove, shall be discussed only upon a five-sevenths affirmative vote of the Miami Beach City commission. PASSED and ADOPTED this ~ day of ATTEST: ~~~ CITY CLERK JKO/rg (ReqUested by Commissioner Sidney Weisburd.) " DIlle l!j.~,h~t;f~~", , 4. J, ""~"''',. L~,'J,II!J"k,,,,"~llll~dl!!I!'I'I''''~l1!!!lh'1:'~~~!~~,,,,4!-,~,,,,,,,, ,~""""'~,,..."'" ,_, j., ",- lJ.4"4Jj",",,",,41~"",,, ,U, II ,.", 'm', ,,~.,""<, ,,' '.",^" ,,,'.. ", ,-~,...4"" " " ,..,. , ~ .- VACATION o F S T R E E T END S AND OTHER RIG H T S - 0 F - WAY (7) ~ ~ REGULAR AGENDA - JULY 26. 1989 R- 6. REPORT FROM COMMISSION COMMITTEES (CONTINUED) D. COMMISSION MEMORANDUM NO. 415-89 REPORT ON THE LAND USE & DEVELOPMENT COMMITTEE JULY 19, 1989, MEETING. \1 ACTION: Minutes reviewed by Committee Chairman Commissioner Arkin; report accepted as follows: 1. Additional nl~in2 field for Youth Center - the Committee advised Youth Center Advisory Board Chairman Dr. Ronald W. Shane that it could not approve the requested multipurpose recreational area in concept; and suggested he meet with the Administration to define the request, which should be presented to the Golf Advisory Committee before returning to the Committee. No action required or taken. 2. Offer for the 3 Normandy Isle lots (former stash area) - the Commission approved the Committee's recommendation for refusal of the $250,000 offer of Arfin Enterprises, Inc. for the lots, since it was far beloN the determined fair price for the property. Commissioner Arkin advised that the lots would be offered to realtors for non-exclusive listing in an effort to sell them at the previously-determined $125,000 each. 3. SAGLO DevelonmentA,reement for 540-600 YestAvenue - the Committee discussed the proposed agreement, which would be presented to the M.B. Redevelopment.Agency when finalized. With reference to Mrs. Benita Argos' expressed' concern about the proposed cul-de-sac and resulting increased traffic on Alton Road at South Shore Hospital, Commissioner Arkin advised that this was recommended by the Dade County Department of Transportation which felt the current flow was unsafe; and that the agreement would be brought back to the Commission for discussion. He advised that no action would be taken until the developer had arranged financing, and the Administration was drafting the agreement subject to his obtaining a letter of commitment. 4. Standards/criteria for vacation of street-ends/riJhts-of-way - the Commission approved the Committee's recommendation for adoption of the following criteria (see back-up for details) : 1. $5,000 minimum nonrefundable application/processing fee to accompany request. 2. Applicant to submit required title documentation on subject land. 3. Statement as to public purpose/benefit of vacation. 4. Public Works Director's report regarding utility easements. 5. Vacation to have no affect on easement or other interest in the property. 6. Vacation to be in the best. interest of the general public's welfare. 7. Commission to establish conditions necessary to protect the public interest. 5. alock 9 (Ocean Beach Subdivision) develonment Invitation for Pronosals - the Committee recommended that the M.B. Redevelopment Agency approve issuance of an RFP for development of an unphased parking facility to immediately provide 600 spaces and whatever air rights development the developers propose. Vice-Mayor Shockett asked the Administration to notify affected property owners. Also see related items R-3G, R-6A, and R-8S. ACTION SUMMARY (R-6D) JULY 26, 1989 18 ~ ~ X.KORAIIDV. July 19, 1989 SUBJECT: Land U.e and Development Committ.e Rob W.' Parkins city Manager CBI'1'''U/I'1'UDUDI ..oa ftCA'1'IOIl OR UUDOlGCD1'1' 0.. 8ft.ftS OR 0'1'B" RIGBTS-O:r-OY TO: FROM: In accordance with the request of the City commi..ion, the City Administration and the City Attorney'. office has .stablished the fOllowing quidelines and criteria for vacation or abandonment of streets or other rights-Of-way. 1) A non-refundable application fee in the amount of $5,000 shall accompany each request for closure as a processing fee. The minimum processing fee shall be $5,000 or the land assessed value average of the two (2) parcels adjacent to the street to be closed. A cost per square foot shall be determined from these land appraised values and shall,be assessed according to the square footaqe closed. (Example: if the assessed land value of the two(2) parcels of land on either side of a riqht-of-way to be closed is $5.00 per square foot and the square footage of the land closed is 1,000 square feet, $5.00 times 1,000 square feet equals $5,000.) Upon approval of. the vacation or closure of the street, and in the event the calculation of the square footage is higher than the minimum $5,000 non-refundable fee, the additional payment .above the minimum $5,000 fee shall be ' paid. The applicant for the street closure shali ~ubmit a title binder or title commitment or attorney opinion of title to the land that would be the subject t~ the reguest. The title opinions or commitments must be provided by" .,' tiele ,coiDpanies licensed.-and au1;hor.izecl to. ~o bu"i~es~. . in' ,the' state 'oi' Florida. opinions of, title 'r~'nd.red" by '. an' 'attorney must be' rendered by' an 'attorney authorized to practice law in the State of Florida. 2) continued... ~. (1)'- !I, ,J!: ~.. ..". ,.,..,. ...Ii.ei'"~t:f~; ;:1'., ~:'l [: ~ ~.i""!I It r r' J3~~~ 1 H~':I JUt 2i; 19<39 20 CIfY Of fJilr\f.H 8Et\ClI r ~ -2- Land U.e and Development Committee July 19, 1989 3) A statement shall be submitted from the applicant as to how the vacation of the street is in the best interest of. the general pUblic'. welfare or what public purpose or public benefit would accrue to the City as a result of the closure. 4) The Public Works Director shall review and report to the City Administration what public utilities may be located within the right-of-way and the department's input should be limited to the City's need for a utility easement or easements if the street is vacated. Additionally, the Public Works. Director shall attempt to ascertain what rights the public utilities, such as FPL, Southern Bell or Cable TV FranChises, may have within a dedicated eas.ment or right-of-way affeceed by a closure. S) In no event shall ci ty commission action invalidate, infringe upon or minimize the operation and' effect of any easement or other interest in the said property. 6) The City Commission must determine that the vacation of right-of-way is in the best interest of the general public'S welfare. 7) The city commission shall establish such conditions deemed by it necessary to protect the public interest. The City Administration reco_ends that these standards and criteria set forth above be followed in processing an application for the vacation or closure of any street, easement or alley within the municipal boundaries of the City of Miami Beach. Further, the Administration recommends that the City commission of the City of Miami Beach adopt, as .a policy, the 'procedure set forth as quidelines to be followed so as to establish a need' for a vacation or closure on a case-by-case basis. RWP:WHH:blb . . . . . . . . '.. '. ,. . ... .. .. " . . '. .". , , . .. .' . .' . .. ...' '. ..... .... . .~. :.'.. ~: :. . .""0. ,'.~ ;. . ....... ~~ . . .. ; ~: .... :. . :.' ~. .. '.. . . . . . .' ':':. ~,.;. .~. ,: 0, ': .".; ':" .";' ,'.. .... . . .', :. . " I, : ',- . '.' ," ({[. f'~ 11:',',:!.: ~ ~ ~~ rll ~.. 4.o/I.,h..ht I;.j! r::r:'~~ ~! '-(II ;'.'" (.;: '.', .~ ".J ,WI. ~.?f) 1989 r.l 'J"'( f"- .., I .' ,. f~j i t\ ",~ I I' ,: 1 PII .e".,.1 ",...flll 21 . .' 1~'.".,,".~~,.....,61,~4,,J",,",,..<.,l~..III.r.!~"t"'1.~~~11!U"ifLIJl.~~"'l"', '" "'",,-'" ..".,~...~,,,.,,,.. ..".",....,"','"~.,''',.,.''''''' ,''''~~'''~.. 1,.1.,,,....... ~"...""",,,..~"''''....,,.....^~''''''''"''''.'''.,. """"11"'" ".111_ -. T 1: M E ,.- PER M 1: T TED B E FOR E C 1: T Y FOR SPEAKERS COM M 1: S S 1: 0 N (8) r ~ REGULAR. AGENDA - .TAWAllY 17. 1990 R-l. REOUESTS FOR AGENDA CONSIDERATION ! // /' / ' ", / / '\ ',/ .I A. REQUEST OF HAL HERTZ TO DISCUSS ".. .RULE AS TO TIME PERMITTED FOR PERSONS PRESENTING AN AGENDA ITEM. ..". ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION HEAll D. HEllTZ. ACTION: Mr. Hertz expressed dissatisfaction with the Commission's 12/6/89 action to maintain the established rule limiting presentation time of citizens to 3 minutes and of principals/lawyers to 5 minutes, in an effort to expedite processing City business at meetings; and urged that the Commission adopt a policy providing for speakers' time control to be left to the Mayor's discretion, with removal of the time indication lights. Interested speakers heard. Procedure as to "How a Person May Appear Before the City Commission" amended to provide that speakers' presentation time would be determined by the Hayor in the exercise of his reasonable judgment under the circumstances. No action taken on Commissioner Singer's suggestion that enforceable policy guidelines, with discretion for the Mayor to deviate as appropriate, be drafted for consideration 2/7/90. R-3. TIME CERTAIN ITEMS 11:00 A.M. TIME CERTAIN A. COMMISSION MEMORANDUM NO. 37-90 BOARD AND COMMITTEE APPOINTMENTS. 1. COMMISSION MEMORANDUM NO. 703-89 APPOINTMENT OF COMMUNITY DEVELOPMENT ADVISORY COMMITTEE MEMBERS. 2. CONFIRMATION OF APPOINTMENTS TO COMMISSION SUBCOMMITTEES. (DEFERRED FROM 1/3/90) ACTION: No at-large appointments made. 1. Deferred. 2. Mayor Daoud advised that the subcommi ttees were appointed (see meeting back-up f(', composition). The-City Manager advised that the name of the Environmental Committee h been changed to the Environmental & Clean City Committee. (Also see related item R-9A Following appointments reported for record purposes only: Art Deco Develooers Adviso~ Board Mr. Morris Rapport Commission on the Status of Women Ms. Graciela C. Catasus Community Development Adviso~ Ms. Maria E. Saboya Human Relations Committee Ms. Miriam Kassenoff Mr. David H. Nevel Ms. Amy Taylor Mr. Allen D. Fuller, Esq. Mr. Hector S. Garcia Solicitations Advisory Board Mr. Stanley Barnett reappointed Tourist & Convention Center Exoansion Authority Mr. Jose Smith reappointed 21st Street Recreation Center Adviso~ Board Mr. Milton Hoff appointed Youth Center Adviso~ Board Dr. Allen A. Ressler Mr. Mark Pomerance appointed appointed Term eXllires 11/30; Vice-Mayor Resnick Term exoires 11/5/S Commissioner Hirschfeld Term exoires 12/31/91 Commissioner Hirschfeld Terms exoire 2/1/92 Vice-Mayor Resnick Commissioner Arkin Commissioner Arkin Commissioner Hirschfeld Commissioner Hirschfeld Term exoires 1/1/92 Vice-Mayor Resnick Term exoires 11/16/91 Vice-Mayor Resnick Term exoires 11/5/91 Commissioner Hirschfeld Terms exoire 1/6/91 Vice-Mayor Resnick Commissioner Hirschfeld reappointed appointed Committee appointed appointed reappointed reappointed appointed appointed Remaining appointments deferred to 2/7/90. ACTION SUMMARY (R-IA - R-3A) JANUARY 17, 1990 -9- Il~"....~,,,.,~,J,,,,~.,1"?' "",=.""""~~,,,,,,",ILJ 1JI.4.",~~J """.'" ".....,~,,,.-,J,J,""",~i\J.l;;I'!""'l"'.._,~."".,,,,..,,,..,,""""'''''''''''' ""<l''''''''~'''''''''''''''''''''''''''''' "",".,,,,~,,,,,,,, IJ,JU..~"',:n""'" v.",,,,JJU.t:;;,IIU - -.. CITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH CITY CLERK ROW A PBRSOH HAY APPEAR BBFORB TBB CITY COKHISSIOH OF TBB CITY OF MIAMI BBCB, FLORIDA CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 173-7411 THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION'ARE HELD ON THE FIRST AND TRIRD WEDNESDAYS OF EVERY MONTH, COMMENCING AT 9: 30 A.M. 1. Persons requestina Dlacement of'an item on theaqenda must provide a written statement with their complete address and telephone number, to the City Manager, 4th Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, telephone 673-7010, briefly outlining the subject matter of their proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be scheduled to discuss the matter with a member of the City Manager's staff. . Procedurally, "Requests for Agenda Consideration" will not be placed upon the City commission Agenda until after Administrative staff review. Such review will ensure that the issue has been addressed 'in sufficient detail so that the city Commission may be fully apprised of the matter to be presented. Such written requests must be received in the City Manager's Office no later than noon on Tuesday of the week Drior to the scheduled Commission Meetina to allow time for processing and inclusion in the agenda package. Persons will be allowed sufficient time, within the discretion of the Mayor, to make their presentation and will be limited to those subjects included in their written request. 2 . ONCE AN AGENDA FOR A COMMISSION MEETING IS PUBLISHED, and a person wishes to speak on an item listed on the agenda, he/she may call or come to the City Clerk's Office, 3rd Floor, City Hall, 1700 Convention Center Drive, telephone 673-7411, before 5:00 p.m. on the Tuesday prior to the Commission Meeting and give his/her name, the agenda item to be discussed, and where known, the agenda item number. copies of the commission Agenda may be obtained at the City Clerk's Office on the Monday prior to the Commission regular meeting. The complete agenda, including all backup material, is available for inspection on the Monday and Tuesday prior to the Commission Meeting at the City Clerk's Office', and at all of the Miami Beach Public Libraries - Main Library, North Shore Library and South Shore Library. 3. All persons who have been listed by the city Clerk to speak on the agenda item in which they are specifically interested, and persons granted permission by the Chair, with the approval of the City commission, will be allowed sufficient time, within the discretion of the Mayor, to pres~nt their views. 4. When there are scheduled public hearings on an agenda, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak'at a public hearina may do so, and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 5. If a person wishes to address the Commission on an EMERGENCY MATTER which is not listed on the agenda, there will be a period of fifteen (15) minutes total allocated at the commencement of the Commission Meeting at 9:30 a.m., when the Mayor calls for additions to, deletions from, or corrections to the agenda. In the presentation of an EMERGENCY MATTER, the speaker's remarks must be concise and related to a specific item. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the City commission. Once the fifteen (15) minute period has elapsed, no further requests will be entertained by the Commission until later in the day, IF the time can be allocated after the regular agenda is completed. city Clerk January 1990 - Revision #9 ~! - ABANDONED B 0 I L DIN G POL ICY (9) --,-"... .' ,C,>'.' ." ;'" ",-. ~ ORDINANCB NO. 90-2682 AN ORDIlIUCB 01' DB CITY COlOlI88ION 01' 'l'JIB CITY 01' KIUI BOCH, J'LORIDA, UBHDING KIUI BOCH CITY CODB CDP'l'ER 17B BH'l'I'1'LBD "PROPERTY DIH'l'ElIUCB STANDARDS", UBHDING SECTION 17B- 29 EH'l'I'1'LBD "RBSPONSIBILI'1'IBS OJ' 01lllBRS OJ' VACU'l' BUILDINGS, VACU'l' S'1'RUC'1'URBS AND VACAH'l' OR UHIKPROVBD LOTS"" UBHDING SUBPART (I) ESTABLISHING PROVISIONS CONCBRNING '1'BB USE OJ' CONCRB'1'B BLOCK OR O'1'JlBR KA'l'BRIALS 01' TJIB SAKB DURABILITY TO SBCUD VACAHT STRUCTURBS OR BUILDINGS, ADDIBG 8UBPART (J) .ROVIDING TIlAT DTBRIALS USBD '1'0 SBCURB A VACAHT BUILDIBG OR STRUC'1'URB BB PAZH'l'BD AS ITS O'l'JlBR BrrBRIOR WALLS ,. REPEALING ALL ORDIDBCBS IN COlU'LICT HERB.Ift; PROV:IDING I'OR SBVBBABILI'1'Y; AND PROVIDING I'OR AN BI'I'BCTIVB DATB. BB IT ORDAIHBD BY THB CITY COIOl:ISSION 01' '1'JIB CITY OJ' KIAIlI BOCH, I'LORIDAI SECTION 1: J'IHDINGS That the city commission of the city of Miami Beach makes the following findings: 1. Many vacant and/or abandoned buildings and structures within the city of Miami Beach are improperly maintained, unsecured, and vacant and are used by trespassers as "crack houses" or havens for illegal drug use and/or other criminal activity~ and 2. Said buildings and structures are at risk to become fire traps as a result of their aforestated usage and/or as a result of their usage as places of shelter by trespassers~ and 3. In accordance with these above-stated findings, said buildings and structures create a nuisance to the public and a menace to the public health, welfare and safety. SECTION 2: That Subpart (i) of section 17B-29 entitled "Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots" of Miami Beach City Code Chapter 17B entitled "Property Maintenance Standards" is hereby amended to read as follows: 1 'Words and figures stricken through shall be deleted. Underscored words and figures shall be added. The remaining words and figures are now in effect and remain unchanged. 1 "..-.. ~ CHAPTBR 178 PROPERTY DIII'l'BNDCB STUDARDS * * * Section 17B-29. Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots. * * * (i) All ma_eriale ~eed _e Beard er eee~re a vaeaft_ B~ildift9 a9aifte_ eft~ry ehall Be paift~ed ift a verJBllaftliJ[e fasllieft ift _he same seIer as ei!her ext.erier walls ef 'the B~ildift9. (Ord. Ne. 8? 2541, Sl). Everv owner of a building or structure that is vacant and unsecured shall secure all around floor entrances and other oDeninqs of said buildina or structure incl udina . but not 1 imi ted to. windows and doorways. Such vacant buildioa or structure shall be secured and sealed with concrete block or other materials of the same durabilitv as determined bv the Buildina Official. 8801'1011 3: That Subpart (j) be added to Section 17B-29 entitled "Responsibilities of owners of vacant buildings, vacant structures and vacant or unimproved lots" of Miami Beach City Code Chapter 17B entitled "Property Maintenance standards" to read as follows: (; ) All materials used to secure a vacant buildinq or structure shall be Dainted in a workmanlike fashion in the same color as its other exterior walls. 8BCTIOII 4: REPBALBR All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 8BCTION 5: 8BVBRABILITY 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 of the remaining portions of this ordinance. 2 r', SECTION 6: EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption on February 17 /~ '." .~:,....\~.:,>~' ,;:,~":'\'::-~~:'~;_~'.:.-~L.',,.:c-.. ~.'.;'.'.,:"~~:....: .~- " .:.~ . ',' .'-...... - , 1990. PASSBD an4 ADOPTBD this 7th day of 1990. ATTEST: ~~ >>" f3~~ CITY CLERK 1st Reading 1/17/90 2nd reading 2/7/90 DJT/bh February fl/~ VICE-MAYOR FORM APPROVED LEGAL DEPT. BY~~/?'~ /ftl /~tJ I . Date 3 , (' --- J !~"'\!!""+""""''"1''.....""~",,,,,,,,..,,..,,,",~I~I!~L'':'~J)l''il#,",1~,,,HI!'1!!I'h~1!i!'''!~II!I,"I"""?,~,",,,, ',"'''''"'' HJ" M"'~'~ Itl"lll,,~~ ~".,J;""~,~"""...."~""",,",,,_,,,~ "...,~,,,,,,,,...J,,,,., ..,~,.. " '" ,." ,,,, ,..'. "". --- -- A D KIN I S T RAT I V E S A F EGO A R D S EST A B LIS BED (10) ;; ~' ~:';..'~' ,::-..., :;.': : 4 . .....~ :=:, ~,~,. " ..... '. ,..,.i :, ,>' i.',':'.' ~-;, ~ ~.;, " . "':' ;...,.:...... :--.....:, '..,: ;;'''';.~~:, ~ r"\ REGULAR AGENDA -FEBRUARY 21. 1990 1.-1. REOUESTS FOR. AGENDA CONSIDERATION A. REQUEST OF HAROLD J. SEGAL, PRESIDENT, AND HARLEY C. WILLNER, PRESIDENT-ELECT. MIAMI BEACH TAXPAYERS' ASSOCIATION, INC.. TO DISCUSS "... RESOLUTION ADOPTED BY THE ASSOCIATION REGARDING ~HE GELBER REPORT.. .". 1. 2/6/90 LETTER FROM ACTING CITY ATTORNEY TO COMMISSIONER WILLIAM E. ,SHOCKETT I.E. JUDGE GELBER'S REPORT ON THE HOMESTEAD MATTER, WITH COMMISSIONER SHOCKETT'S 12/12/89 LETTER REQUEST. 2. 2/15/90 MEMORANDUM FROM ACTING CITY ATTORNEY TO MAYOR/COMMISSIONERS/CITY MANAGER I.E. LIABILITY OF FINE JACOBSON SCHWARTZ NASH BLOCK & ENGLAND FOR THE ACTIONS OF GERALD HEFFERNAN ON 3/15/89 REGARDING THE HOMESTEAD RESOLUTION. ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION HIAa MESSRS. SEGAL AND WILLNER. ACTION: Messrs. Segal and Willner presented the Association's resolution requesting the Commission to schedule a full discussion of the Gelber Report by all interested parties, with particular reference to the following conclusions/recommendations: 1. Require written opinions of the City Attorney and bond counsel. 2. Open discussion of the bond counsel's actions and responsibility to the City. 3. Curb/modify use of the Consent Agenda, especially for monetary matters. 4. That the Finance Committee enact procedures/policiesjbylaws enumerating its responsibilities, and that all funding matters be referred to it. 5. Establish/maintain more open lines of communication between the City Manager and City Commission. and City government and the public. . The Commission adopted the Association's specific recommendations detailed in it~ resolution. Commissioner Singer suggested the Commission direct the Administration or City Attorney to submit a written procedure regarding written opinions from the City Attorney and hond counsel when the Commission makes decisions of great importance which require the City's financial backing. He requested that the Administration review the Gelber Report and submit a written recommendation as to the type of items that should/should not be placed on the Consent Agenda. He also advised that procedures were established when the Commission subcommittees were created, and suggested a copy of those procedures be given to Messrs. Segal and Willner for review/recommendation for strengthening Commissioner Shockett advised that he asked the Acting City Attorney to review/comment on Judge Gelber's Report and related transcripts, and the resulting 2/6/90 report reflected some misconceptions; that in Judge Wetherington and Ms. Dougherty's opinion. the Commission acted very responsibly at all times. The City Attorney advised that the Gelber Report brought out the bond counsel's liability and the Finance Committee issue, which must be put in context with Judge Wetherington's deci~ion; that it did not matter whether or not the decision was delayed to be presented to the Finance Committee since Judge Wetherington's opinion stated that the City did not have any discretion since it did not have a competing project on the books at that time. She advised that bon,l counsel misguided the Commission. broke his fiduciary relationship to the City and shoulll have advised who he was representing. but had no liability to the City because Judge Weth~r.ington exonerated him in his opinion. Public hearing tentatively scheduled for 3/21/90 at 5:00 p.m. (subject to availability of Commissioners) to review reports on the matter. The Association will review all pertinent documents and submit report/recommendation at the hearing. The City Attorney offered tc discuss the matter further with the Association. Note: Mr. Willner advised that the Association's Flamingo Park baseball facilities resolution was presented 2/7/90, so no action was required at this time on that matter. \CTION SUMMARY (R-IA) FEBRUARY 21. 1990 -7- "~ ~," !'!,.,.},~, ,.,n,.w"",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ".' , ,'" "" ",lI!!,~\~,I!l!It~I""",,,, ""A"""".J,.",~", "''''''''"",",,i= ~,,.,, ,,,,",J...,, ,""',.,.,,, ."""'''''"'',,^,,''',,," """',." ",~, ",' ."" ", """, ',,' " ,,"""',,"""M"'"~''''''' "'~ ','-, --- --... C I T Y ATTORNEY N 0 o 0 T SID E E K P L 0 Y MEN T (11) I"" ' ~ RESOLUTXON NO. '0-1"21 A RESOLUTXOH 01' THE CXTY COJIKXSSXON 01' THE CXTY 01' HXAKX BEACH, FLORXDA, ESTABLXSHXHG A POLXCY THAT THE CITY ATTORNEY DEVOTE 100 PERCENT 01' HIS PROPESSIONAL TIME TO THE CITY 01' HXAKI BEACH AND IS NOT TO BE ACTXVELY INVOLVED XN ANY OUTSIDB PRACTXCE OR REPERRAL FEES AND THAT THE AMOUNT OF ANY REFERRAL OR ANY OTHER OUTSIDB FEES HUST BE DISCLOSED IN COHPLZANCE WITH APPLXCABLB STATB, CITY AND COOH'l'Y DISCLOSORB REQUZ1UDIBBTS. BE IT RESOLVED BY THE CITY COMHISSXON OF TUB CITY 01' KIAHZ BEACH, J'LORIDA, THAT, WHEREAS, on February 28, 1990 the City commission established a policy curtailing outside practice of the City Attorney. NOW, THERBJ'ORE, BB XT DULY RESOLVED BY HB CZTY COJDIZSSZON 01' THB CITY 01' HZAKZ BEACH, FLORIDA, that it is the policy of the City of Miami Beach that the city Attorney devote 100 percent of his professional time to the City of Miami Beach and is not to be actively involved in any outside practice or referral fees, . and that if the city Attorney cannot devote 100 percent of his professional time to the City of Miami Beach that he further disclose the matters he is winding up and informs the Commission of the time involved, and that the amount of referral or any outside fees received by the city Attorney be disclosed by compliance with applicable state, County and City disclosure requirements including the timely filing of an annual outside employment statement with the City Clerk, except that this resolution shall not include winding up (conSUlting with existing clients) or limit outside employment other than as atto~ey of record. PASSED and ADOPTED this 28th day of February, 1990. ATTEST: ~~E.~ CITY CLERK LF: 1m FORM APPROVED LEGAL DEPT. r By ~ ]f. Quut41 'I.. 3 - ill Date - C:resolutf\cityatt.dfs ,- _ ""~f~I_~~:"",,,":,,,,,,,,,,,~,,,.!l'~ ",~,,,,,,,*',~lll!lff"!"l!~~"''''1''!'1\!'~I!'''''''l1'1',~,:lIII!,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '~I' 'I',,"' 'rv"",,'r!l'~~1"""" ".I."",,,.,",,,,,,,,,,,,,,.,~,,.,,.,, ," ","" ,,,..",,~ '... '","","," ,.~,"",.""...~"""'''''1'''''''' .-., NAKING P 0 B LIe S T R E B T S o p , PAC I LIT I E S (12) -'~.',~:(.:: -'.;" ..'~;:;.:./,~...;...-~,~... '. ..;. ".-' .....; ..-.-.... .~,;.:~.-. ',;. .,_:....,-...' <~ :.....:..~.:;- !~ ...,..... ~..' "':. r\ '" ORDXJlUCB RO. 91-2725 All ORDXRAlICB 01' '.rJIB CX'1'Y 01' KXUX BBACH, I'LORXDA, AKBRDXRG KXUX BBACH cxn CODB CHAPTBR 39, BlI'!XTLBD "STREBTS, SXDBlfALKS UD PUBLXC I'ACXLXTXBS, " AKBRDXBG ARTXCLB V, BlI'!XTLBD "RAHXRG 01' PUBLXC I'ACXLX'1'XBS UD STREBTS", AKBlIJ)XRG 8BC'l'IOR 3.-a5 BY ADDII1CJ A DIII'XI1XTXOR I'OR "MAXI1 STREBT"; AKBBDXI1G SIICTXOI1 39-27 BY PROVXDXBG 'l'BAT BAKBS I'OR PtJBLXC I'ACXLXTXBS AI1D MAXI1 STREBTS SHALL BB APPROVED BY A KaJORXTY VOTB 01' '.rJIB BOARD 01' RULBS DD SPBCXAL BVBlI'!S PRXOR TO BBXRG CORSXDBRED BY '.rJIB CXTY COKK:tSSXOR, AI1D 'l'BA'1' AllY DIIB SBLBC'l'BD BY '.rJIB CX'1'Y COKK:tSSXOR SHALL BB APpr-OVBD BY A 5/7 'l'JII S VO'1'B: PROVXDIRG 'l'BAT BAMBI SBLBC'l'BD BY 'l'JIB cxn COIIKXSSXOR I'OR PUBLXC I'ACXLXTXBS UD MAXR STREBTS SHALL BB StJBKX'1"1'BD TO '.rJIB CITY 1 S BLBC'l'ORATB AT 'l'JIB oX'!' REGULARLY SCBBDULBD BLBCTIOR UD KUST' BB APPROVED BY A KaJORXTY 01' '.rJIB BLECTORATB VOTXRG IR '.rJIB REI'BRBBDUK, PROV:tDXRG I'OR SBVERABILITY, REPBALXRG ALL ORDXlIUCBS XR COlf1l'LXCT TBEREWX'l'JI, UD PROVXDXRG All BI'I'BCTXVE DATB. BB X'!' ORDAXOD BY THB CXTY COIIKXSSXOH 01' TBE CI'1'Y 01' KXAM% BBACH, I'LORXDAa SBC'.rXOB 1. That section 39-25 of Article V, entitled "Naming of Public Facilities and Streets" of Miami Beach City Code Chapter 39, entitled "streets, Sidewalks and Public Facilities" is hereby amended to read as follows: Sec. 39-25 Definitions. (a) City commission. The governing body of the City of Miami Beach, Florida. (b) Committee. The Rules and Special Events Committee created by the city commission on January 22, 1986 or any other such committee designated by the city commission to review and recommend names for public facilities and streets located within or owned by the city of Miami Beach. 1Ql Main street. One of the followina roadways located in the city of Miami. Beach: MacArthur Causeway - 5th Street. Venetian Causeway. Dade Boulevard. 41st Street. 71st Street. NormandY Drive. Collins Avenue. Washinaton Avenue. Indian Creek Drive. pine Tree Drive. Alton Road. Lincoln Road and Ocean Drive. SBCTXOR 2. That Section 39-27 of Article V, entitled "Naming of Public ~ ~ Facilities and streets" of Miami Beach City Code Chapter 39, entitled "streets, Sidewalks and Public Facilities" is hereby amended to read as follows: Sec. 39-27. Public hearinqL aBB BaaiH9 selection of name by city CommissionT: referendum. (a) within a reasonable time after receiving the recommendation for a naming or renaming from the committee, the city commission shall call a public hearing. (b) Notice of a public hearinq regarding the naming or renaming of a public facility or street shall be published at least ten days prior to the hearing in a newspaper of general circulation in the City of Miami Beach. (c) At the close of the public hearing the city commission may select a name for or rename the subject public facility or street. In selecting the name, the commission shall be governed by its established selection criteria: however, the name selected need not be one recommended by the committee. Cd\ Where a ~ublic facility or main street is to be named. the ci tv C?ommission may onl v consider a name which has been aDDroved bv a ma;o~itv of the members of the Rule~ and Events Commi ttee. Addi tionall v . any name selected bY the ci tv commission must be aDD roved bY as/7th's vote and must be submitted to 'the electorate of the city by referendum at the next reaularlv scheduled election. The name selection shall be aQDroved bY a m~;oritY of the electorate votinq in the referendum. SBCTION 3. SBVBRABILITY. 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 of the remaining portion of this Ordinance. SBCTION 4. REPBALBR. All ordinances or parts in conflict herewith be and the same are hereby repealed. 2 ,::-..'",:;-" .~:".:':... r. ~ SBCT%OB 5. BPPBCT%VB DATB. This Ordinance shall take effect ten day. after it. adoption on the 19th day of January , 1991. PASSED and ADOPTED this ~ day , 1991. ATTEST: '""E~ t.._ ~~ CITY CLERK 1st reading 12/19/90 2nd readina 1/9/91 Requested by Commissioner Abe Resnick SWS/jal (a:\street1.ord) . FORM APPROVED LEGAL DEPT. By s;..~ -,r: &#a. t~ Date 1-.3 - 9'1 3 r-- ~ ORDDJDICB RO. 91-2744 UJ ORDIIIDCB 01' TBB CITY CODISSIOR 01' TBB CITY 01' IIIUI BBACK, PLORIDA, AJlBIJDIRG IIIAJa BBACK CITY CODB CHAPTBR 39, BftITLBD "STRBBTS, SIDBWALU UD PUBLIC' pACILITIBS," AllDlDIRG ARTICLB V, BftITLBD "lIAIIIRG 01' PUBLIC I'ACILITIBS UD STRBBTS," AJlBIJDIRG SBCTIOR 39- 25 BY ADDIIIG DBI'IIIXTIOIIS I'OR "PLAIA" UD "PUBLIC pACILITY"; AllDlDIRG SBCTIOR 39-27 BY BDIlPTIIIG RAIlBS SBLBC'l'ED pOR PLAZAS UD IftBRIOR PORTIOIIS 01' PUBLIC BUILDIRGS I'ROII TBB RBQUIRBIlBlI'l' 01' APPROVAL BY A 1IaJ0RITY 01' TBB BLBCTORATB AT A RBI'BRBIJDUIl; PROVIDIIIG I'OR SBVBRABILITY; RBPBALIIIG ALL ORDlNUCES III COIII'LICT BBRBlII'rJI; UD PROVIDIIIG I'OR AN BpnCTIVB DA'rB. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Sec1:ioD 1. That Section 39-25 of Article V, entitled "Naming of Public Facilities and streets" of Miami Beach City Code Chapter 39, entitled, "Streets, Sidewalks and Public Facilities" is hereby amended 1:0 read as follow: Sec. 31-25 DefiDi~ioD.. (a) Ci~y Co_i..ioD. The governing body of the City of Miami Beach, Florida. ,(b) committee. The Rules and Special Events Committee created by the city commission on January 22, 1986 or any other such committee designated by the city commission to review and recommend names for public facilities and streets located within or owned by the City of Miami Beach. (c) lIaiD S~reet. One of the following roadways located in the ci ty of Miami Beach: MacArthur Causeway - 5th Street, Venetian Causeway, Dade Boulevard, 41st Street, 71st S.treet, Normandy Drive, Collins Avenue, Washington Avenue, Indian Creek Drive, Pine Tree Drive, Alton Road, Lincoln Road and Ocean Drive. (d) Plaza. An ODen public sauare. (e) Public faci1itv. Anv Dub1ic bui1dina. Dlaza or Dark owned bv the citv of Miami Beach. SectioD 2 That Section 39-27 of Article V, entitled "Naming of Public 1 r-- ~ Facilities and streets" of Miami Beach city Code Chapter 39, entitled "streets, sidewalks and Public Facilities" is hereby amended to read as follows: Sec. 39-27. Public hearinCJ; .election of nue by city co.-is.ion; referendum. (a) within a reasonable time after receiving the recommendation for a naming or renaming from the committee, the city commission shall call a public hearing. (b) Notice of a public hearing regarding the naming or renaming of a public facility or street shall be pUblished at least ten days prior to the hearing in a newspaper of general circulation in the city of Miami Beach. (c) At the close of the public hearing the city commission may select a name for or rename the subject public facility or street. I~ selecting the name, the commission shall be governed by its established selection criteria, however, the name selected need not be one recommended by the committee. (d) Where a public facility other than a nlaza or any interior nortion of a nublic facility or main street is to be named, the city commission may only consider a name which has been approved by a maj ori ty of the members of the Rules and Events committee. Additionally, any name a2 selected by the city commission must be approved by a 5/7th'S vote and must be. submitted to the electorate of the city by referendum at the next reqularly scheduled election. The name selection shall be approved by a majority of the electorate voting in the referendum. SBCTXOI1 2. 811VBDBXLXft If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this ordinance. 2 (""' ,-., 8BCT:IOB 3 RBPDLBR That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. 8BCT:IOB 4. . BI'J'BC'1':IVB DA'l'B That this ordinance shall take effect ten (10) days after its adoption, on June 1 ,1991. PASSED AND ADOPTED this ~ day of May , 1991. A'r1'EST: ..riul~ ~ ~~ CITY CLERK SWS/jcl Ce:\chepter39.ord.) 1st reading 4/24/91 2nd reading 5/22/91 FORM APPROVED LEGAL DEPT. By 5.~L~<t S;;~1u.:~1 Date S'-2-Q\, 3 r--. ~ ORDIIlUCB BO. 91-2748 U ORDIIlUCB 01' 'rB1I CITY COIIIIISSI08 OJ' '.rBB CITY 01' MIAMI BUCH, I'LORIDA, AllBRDIBG MIAMI BUCH CITY CODB CD"ER 3', BIt'fITLBD "STREETS, SIDBWALKS AHD PUBLIC I'ACILITIBS" , AllBIIDIBG ARTICLB V, BIt'fITLBD JlAHIBG' 01' PUBLIC JIlACILITIES AHD STREBTS", AllBIIDIBG SBC'l'IOB 3'- 26 BY PROVIDIBG 'fBAT STREBTS AHD PUBLIC I'ACILITIES SHALL BOT BB HaMED OR REHAHBD I'OR LIVING PBRSONS; PROVIDIBG I'OR SBVBRABILITY; RBPBALIBG ALL ORDIDJlCBS IB COI1J'LIC'l' aRBWITK, AHD PROVIDING POR U BPI'BC'l'IVB DATE. BB IT ORDAIHBD BY TBB CITY COIIIIISSI08 01' 'fKI CITY 01' MIAMI BBACH, 'I'1.O.IDAI sect:ion 1. That section 39-26 of Article V, entitled "Naming of Public Facilities and streets" of Miami Beach City Code Chapter 39, entitled "Streets, Sidewalks and Public Facilities" is hereby amended to read as follows: Sec. 3'-26. Revi.. and reco..endat:ion oo..it:t:e.. The committee shall establish selection criteria which, when approved by the city commission, shall govern its name selection process. Whenever a name is needed for a new public facility or street or whenever there is a proposal to rename an existing public facility or street within or owned by the city of Miami Beach, said naming or renaming shall first be considered and reviewed by the committee designated by the ci ty commission according to the following procedures: (a) Any person, organization, association, corporation or other entity including a member of the city commission or the administration of the city may propose a name for a new public facility or street or may propose renaming an existing public facility or street at any time by submitting a proposed name to the committee. (b) within a reasonable time after receipt of said proposal the committee shall meet to consider and review proposals for the naming or renaming of said public facility or street. Notice of the meeting shall be given . :..:.. t 0" - ; ~ ._~ '" " . _ 0" 0 ~ . ': 0'- r-. ~ to all persons or entities which have proposed names for the publio faoility or .treet under conatruction. (c) After reviewing the proposal in acoordance with the established selection criteria the committee shall transmit a written recommendation to the city commission regarding the proposal; the recommendation may also include any names proposed by the committee. (d) Notwi thstandina anv other Drovision of this ordinance. streets and Dubllc faciliti.. shall not be named for'livina Dersons: Drovided however. that this Drovision shall not aDDlv to streets and Dublic facilities named or renamed Drior to the effective date of this ordinance. Seot:iOD 2. Severabilit:y. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. seot:iOD 3. ReDealer. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. seot:iOD 4. Bffeot:ive Dat:e. This Ordinance shall take effect on the 29th day of June , 1991. PASSED and ADOPTED this 19th day of June , 1991. ~ ATTEST: LF/SWS/jcl (a:\Pubfacilities.Ord.) FORM APPROVED LEGAL DEPT. By 5~ S;UU~ s-z- 11 Date ~~~f~~ CITY CLERK (Requested by Commissioner Abe Hirschfeld) 1st reading 5/22/91 2nd reading 6/19/91 2 .-. '...,"I"'~"'Ak,,""""', .,. ~".~'" u""" """",_",.."~~.."""",,,,, ~",,,,,,,,,,,~,.,,ryI~'~~,,,,,,,..,,,~~,,,,,.<<,, ""'" "",,..,,,,,.,,, ..-." ,..",.., .. """", """""""h,~,,. n,,.,,,., ",,", ..N"..'. ,., ,",,"."''''''' .,,,,,,,~ .",...",.~.,.,,.~"'~.,.,,.,'"""" RES IDE N T I A L PARKING ~ PER KIT S , (13) ,..:"...., /""'-' ---- ~ ~ '1/ttamt ~ead FLORIDA 33139 "V ACA TIONI.AND U. S, A." OFFICE OF THE CITY MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 873.7010 FROM: Rob W. Parkin City Manager COMMISSION MEMORANDUM NO. ~ DATE:February 20, 1991 TO: Mayor Alex 0 Members of th SUBJECT: The Parking Department, on August 31, 1990, fully implemented all phases of the six-month trial period for the Ocean Drive parking strategy. The last official day' of the trial period will be February 28, 1991; therefore, further City commission approval is required for the extension of the residential permit portion of the strategy. The residential permit has been the most successful part of the overall plan, both in terms of residents satisfaction and Department administration and enforcement. A total of 168 permits were sold to residents of the area at a cost of $75. Last month the Parking Department received 23 letters in favor of keeping the permits; none have been received in opposition. ADMIlfIS'.r1U\'l'IOlf RBCOMMBllDA'l'IOlf' The Administration recommends that the City Commission approve the Ocean Drive Residential Permit Program as a permanent City policy, effective March 1, 1991, with no change of the associated cost of $75 semi-annually. RWP:JB:jh 10 AGI~~r::_C - 5 - f DATE 2-2D,G)L m1.'~'"'''"~'~'""''''''''''''''''"".'~'.~'''''''''''C''' ,,""" """"~,J!L~'ll"",",, "''''''''1'W'~''''''o<'' "'''''''W''''''''''''''''''''''', .,.. "''''''''''',,",.' .,'...."~""m "f "" "".,IJ" ~,,,'''''''~ """ ..".' '~" ~'.' ''''''''7'.. '!..','h". ~"""'''''''''''''''''~;'''''' ,'''''",,",,' 1r '1 .,~"r'!'1r"'m~JY~ ,r- --, AFFIRMATIVE ACTION POL I C I E S (14) . '_~;'. :.~--:.::i_~..... :.... "_.".,,;': ~ ~ ~ ~ '11tiaHd ~ead FLORIDA 33139 "V ACA TIONLAND U. S. ..t. .. OFFICE OF THE CITY MANAGER CITY HALl 1700 CONVENTION CENTER DRIVE TELEPHONE: 873-7010 COMMISSION MEMORANDUM NO. ,/,gS ~J DATE: October 23, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carta Bernabei Talarico ~ / ""~ P6/Z- City Manager /-r yo IV, SUBJECT: FINDING OF FACT THAT THERE IS EVIDENCE THAT $UPPORTS AN INFERENCE THAT MINORITIES AND WOMEN HAVE NOT PROPORTIONATELY SHARED IN EMPLOYMENT OPPORTUNmeS AND SETIlNG A POUCY TO PROMOTE THEIR INCREASED PARTICIPATION IN THE CITY'S WORK FORCE. BACKGROUND During the past year, the City has had to deal with many issues regarding allegations of discrimination relating to employment and promotional opportun it i es for mi nori ties with i n the City's work force. Concurrent with these issues, is the changing demographics of our community as confirmed by the 1990 U.S. Population Census. In response to these and other issues, the Administration established as its number one priority for the 1991/92 fiscal year, "to increase minority representation within the City's work force". To assist in accomplishing this goal, Mr. Hilton Vickers, of Embassy Marketing & Consulting Services, a local minority owned company, was engaged to review our existing Affirmative Action policy, legislation, relevant Federal, State and local laws, and current work force statistics, and to make recommendations for the City to revise and implement an effective Affirmative Action Program. The review of our work force statistics was necessary to determine if minorities and women have proportionately shared in employ~ent opportunities within the City of Miami Beach. A finding of fact is a necessary pre-requisite, prior to the City entering into any type of voluntary Affirmative Action Program. (Citv of Richmond v. J.A. Croson Co.. 109S.Ct.706 (1989): Peiahtal v. Metropolitan Dade County. U.S.L.W.(1991)) SUMMARY OF FINDINGS A statistical analysis of the City's work force was compared to that of the Dade County Population, the Miami SMSA, Metro-Dade County employees, and City of Miami employees using race, gender and ethnicity factors. The results of this statistical analysis support an inference that minorities and women have not proportionately shared in employment opportunities with the City of Miami Beach when compared to similar data for Dade County, the Miami SMSA, Metro-Dade County work's force, and City of Miami's work force. A copy of the report is attached. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission accept the findings of the attached report and adopt a resolution setting forth a policy to promote and increase the participation of minorities and women in the City's work force pursuant to a voluntary Affirmative Action Program. PFL:me AGENDA ITEM ul ~- 7-/1- ~ DATE /O-:23-f(/ r--, ...-... RESOLUTION NO. 91-20380 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FINDING THAT THERE IS EVIDENCE THAT SUPPORTS AN INFERENCE THAT MINORITIES AND WOMEN HAVE NOT PROPORTIONATELY SHARED IN EMPLOYMENT OPPORTUNITIES, SETTING FORTH A POLICY TO PROMOTE THEIR INCREASED PARTICIPATION IN THE CITY'S WORK FORCE, AND DIRECTING THE CITY MANAGER TO REPORT TO THE COMMISSION PERIODICALLY ON THE EFFECTIVENESS OF THE CITY'S AFFIRMATIVE ACTION PROGRAM. WHEREAS, it has been and continues to be the policy of the City Commission of the City of Miami Beach, Florida, to foster equal employment opportunity for applicants for employment and members of the City's work force and to promote ethnic, racial and gender participation within the City's work force; and, WHEREAS, this Cotmllission requested the City Manager to determine the degree of minority and female participation in the work force by investigating and assessing the present extent of their participation; and, WHEREAS, the City Manager found a statistically significant disparity between the representation of minorities and females within certain segments of the metropolitan area and their representation in the City's work force; and, WHEREAS, a copy of the report prepared by an independent consulting agency and relied upon by the City Manager is attached hereto as Exhibit "I"; and, WHEREAS, this Commission hereby accepts and adopts the findings and conclusions of the City Manager; and, WHEREAS, the Commission recognizes that the report contains evidence that certa in aspects of the City's past and present employment system support an inference that minorities and women have been adversely impacted in the work force; and, WHEREAS, the City has a compelling interest in increasing minority and female participation within its work force; and, WHEREAS, the City has a compel1inq interest in promoting a sense of harmony for all residents of the metropolitan area and the employees of the City; and, WHEREAS, the Commission bel ieves ,that in order to effectively combat discrimination and the lack of minority and female participation and advancement in the work force, members of these groups must be provided every opportunity to enter and advance; and, WHEREAS, the City Commission believes that the Affirmative Action Program adopted by the City should maintain sufficient flexibility to enable the City to transact business; and, r-- ~ WHEREAS, the Commission believes that this goal may best be accomplished by the implementation of a voluntary Affirmative Action Program to remain in effect until the goal is met; and, WHEREAS, in order to implement a voluntary Affirmative Action Program for the City, there must be a finding of fact that minorities and women have not proportionately shared in employment opportunities; and, WHEREAS, the City Commission wishes to be informed periodically on the effectiveness of the City's Affirmative Action Program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1. The City Commission of the City of Miami Beach hereby adopts the policy of deve 1 opi ng programs and measures to all evi ate the problem of 1 ack of participation and advancement of minorities and women in the work force by taking Affirmative Action. 2. Any programs or procedures established pursuant to such Affirmative Action Program shall continue until its objectives are met, and must maintain sufficient flexibility to be able to achieve its purpose while still remaining viable in terms of the needs of the City to transact its business. 3. The City Manager shall monitor such programs and present periodic reports to the Commission as to their effectiveness and viability. PASSED and ADOPTED this Z1rd day of October, 1921. ~J 4:k2. '- VICE-MAYOR Attest: ~~~ t.~~ City Clerk Approved as to form: S'~ )f'. ~ IDII VJfl legal Department PFl:me ~ ""'""" ~ ~ 11tiaHd ~ead :~~.;."..it-'~ t...~~~~ · 1llC""I j*'I' .. ~ ~!'l'L.~ ~.ff.1t ,.,..~.~ .\t~,,:,,~_.l'c.1:""'- FLORIDA 33139 "V ACA TIONLAND U. S. A. .. OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 873-7010 COMMISSION MEMORANDUM NO. f3h-9 I DATE: October 23, 1991 FROM: Mayor Alex Daoud and Members of the City CommIssion Carla Bernabei Talarlc~ J~ J r.lZ- City Manager ~, ~ TO: SUBJECT: REAFFIRMATION OF THE CITY'S SUPPORT OF EQUAL EMPLOYMENT OPPORTUNITY BY DECLARATION OF AN AFFIRMATIVE ACTION POUCY, BY PLACING RESPONSIBIUTY FOR AFFIRMATIVE ACTION IN THE OFFICE OF THE CITY MANAGER, AND BY OUTUNING THE DUTIES AND POWERS. . BACKGROUND Mr. Milton Vickers, Embassy Marketing & Consulting Services, was engaged by the City of Miami Beach on September 3, 1991 to review the City's existing Affirmative Action policy and legislation, relevant Federal, State, and local laws, and current work force statistics, and to make reconnendations for the City to implement an effective Affirmative Action Program. A report on the findings and recommendations made by Mr. Vickers is attached. SUMMARY The recommendations contained in the report may be classified into two categories; 1) those requiring City Commission adoption via Resolution; and, 2) those requiring Administration implementation following City Commission endorsement. The recommendations requiring City Commission endorsement and adoption are: 1. Declaration of Policy - Restating and affirming that it is the policy of the City Commission to provide equal employment opportunity for all by means of Affirmative Action. 2. Responsibility for Affirmative Action - That management and responsibility for Affirmative Action must be with the highest authority within the City's Administration. Responsibil ity for Affirmative Action must be placed in the Office of the City Manager. 3. Duties and Powers - The duties and powers for the Affirmative Action function are clearly defined, endorsed, and adopted. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached resolution accepting the findings and recommendations of the report and reaffirming the City's commitment to equal employment opportunity by Declaration of an Affirmative Action Policy, by placing responsibility for Affirmative Action in the Office of the City Manager, and by outlining the duties and powers. PFl:me t..'.22 AGENDA ITEM R- /-/3 /tJ-';l.~-9/ W' DATE r- .~ RESOLUTION NO. 91-20381 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIOA, REAFFIRMING ITS COMMITMENT TO EQUAL EMPLOYMENT OPPORTUNITY BY DECLARATION OF AN AFFIRMATIVE' ACTION POLICY, PLACING THE RESPONSIBILITY FOR AFFIRMATIVE ACTION IN THE OFFICE OF THE CITY MANAGER, AND OUTLINING THE DUTIES AND POWERS. WHEREAS, it has been and continues to be the policy of the City Commission of the City of Miami Beach, Florida, to foster equal employment opportunity for applicants for employment and members of the City's work force and to promote ethnic, racial and gender participation within the City's work force; and, WHEREAS, this Commission believes that favorable future growth prospects of the City are linked to the economic conditions of the City; and, WHEREAS, on October 23, 1991, the City Commission of the City of Miam;. Beach adopted a finding of fact that there is evidence that supports an inference that minorities and women have not proportionately shared in employment opportunities and advancement within the work force of the City of Miami Beach and established a policy to promote their increased participation; and, WHEREAS, the report on ~he findings and recommendations made by the independent consulting agency and relied upon by the City Manager is attached hereto as Exhibit "1"; and, WHEREAS, although the City has policies relating to Affirmative Action, Sexual Harassment, and Employee Code of Conduct, the City Commission wishes to reaffirm its position relating to these matters; and, WHEREAS, the goal of increasing minority and female representation and advancement in the City's work force has been established as the Administration's number one goal for the 1991/92 fiscal year. WHEREAS, in order to assert its independence and authority within the Administration of the City, the responsibility for the Affirmative Action Program I must to be placed in the Office of the City Manager; and, WHEREAS, the declaration of an Affirmative Action policy, the assignment of responsibility, and the related duties and powers assigned are contained in Exhibit "2" attached hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1. The City Commission of the City of Miami Beach hereby accepts the findings and recommendations made by the Consultants as contained in Exhibit "1" attached hereto. ~'.~ .:J. ", :,", '-." '~-' "'- ." _ ..-,. ~... .. _ ...."". .\'. '\.. " .. ':..~,... ~..~' . , ''; ,-, . ",.' .:. -.". -.' ..-J. ~;-,". _',,". .. ...~''''"'~ - --.... -; .~'.~.,..'; ...-'- .::.. .... ":,. __'O.~ ,'. _. ~,.," ...:...:.~, :'... r ~ 2. The City Commission of the City of Miami Beach hereby reaffirms its , comml tment to equal emp 1 oyment opportun 1 ty by the dec 1 arat i on of an Affirmative Action policy, and by placing the responsibility for Affirmative Action in the Office of the City Manager, in accordance with the powers and duties set forth in Exhibit "2" attached hereto. PASSED and ADOPTED this Zlrd day of October, 19~ -'. -:) CE - YOR Attest: '1\~d f. ~"""-- Approved as to form: 6~ ?;. ~ IfJ/"/I/( Legal Department PFL:me . y { '." ._".,. . 4' __ "":_" ,;, .~,.,"';.....,.;....:.., ,...:~ '. ,". ..... "" ~:, .;!'-:... ,,:..;~:i.- "',._..' .,_,~, ,~.....~". . ';;?:'_' ...... ',_" ~; .'." ......,.- .... :.J 'h' .'__ '"."... ~ '",', ....... _ ...",. . .,. ..; ,.,', -~~,. -;.,; .. *.<0' n.:,_ , ~. ',': .' ,,<~. ;',.~;. "~', J:! _ _~.'.' ~ .'. "",; '.;, ~-" . -, ...;.. "C. 0'" '''~' ..,- .'" '.- - . ~\,... /"'"' -..., EXHIBIT 2 SECTION I. DECLARATION OF POLICY It has been and continues to be the policy of the City of Miami Beach to provide equal employment opportunity for all regardless of age, gender/sex, marital status, national origin/place of birth, physical handicap, race/color, religion, or citizenship/intending citizenship status. It has been and continues to be the policy of the City of Miami Beach to protect and safeguard individuals recruited, selected and hired within the City's employment system by promoting and maintaining equal employment opportunity by means of affirmative action. SECTION II. - DEFINITIONS When used herein: (a) Affirmative action means a program to assure equal~ty of opportunity and treatment, and to every extent possible, eliminate unnecessary barriers and imbalance in minority and female employment. (b) Office means the City of Miami Beach Affirmative Action Office, a function of the Office of the C1ty Manager. SECTION III. - OFFICE OF THE CITY MANAGER The City of Miami Beach Affirmative Action Office is hereby recognized as a function of the Office of the City Manager. The Office shall be headed by a Director who shall be appointed by/or contracted with and shall serve at the will of the City manager. Such Director shall be chosen by the City Manager on the basis of qualifications and experience. The Director shall serve under the supervision of the City Manager and/or designee. The City Manager may appoint such assistant(s) to the Director as may be necessary, subject to budgetary limitations. Employees of the Office shall not be included in the classified service of the City. SECTION IY. - DUTIES AND POWERS The duties, functions, powers and responsibilities of the Office and its Director shall include the following: a) Enforcement of the provisions of this Section and the rules and regulations promulgated hereunder. Assume overall jurisdiction in the development, implementation, monitoring, evaluation and updating of affirmative action guidelines as they relate internally to the City of Miami Beach. Subject to the approval of the City Manager, promulgate an Affirmative Action Program for each and every City department and the City as a whole and thereafter monitor and evaluate same. b) c) d) Assume overall responsibility for monitoring and implementation of all equal employment opportunity and affirmative action requirements. Reports of noncompliance shall be forwarded to the City Manager for review and determination. Assure that information and technical assistance is provided to all City administration,C1ty employees, and applicants for employment concerning affirmative action programs and equal employment opportunities. Publish and disseminate information and material s relating to equal employment opportunities and affirmative action, including serving as a resource to the community at large. Make annual reports to the City Manager and the City Commission concerning the status of the City's affirmative action program, and seek City Commission approval of changes to the program; the enforcement of the provisions of this Section and make recommendations concerning methods by which to improve the City's Affirmative Action Program. Perform such affirmative duties as may be assigned by the City Manager. 84 e) f) g) h) ;:... ~ ~"'~~. ~":;~;' iP;);";" ..0" ~.~~ ~.:: ;.:4;~:",,,,:,:,~,:.'..; ,0... . _. ~ .; ."~ , o. '_ I"""""' .~. RESOLUTZOH HO. 91-20386 A RESOLUTZOH 01' TO CZTY COMHZSSZOH 01' THE CZTY OF MZAHZ BEACH, FLORZDA ADOPTZHG ROBERT' S RULES 01' ORDER HEWLY REVZSED (1990 Ed.) AS THE GENERAL PARLZAHBHTARY LAW APPLZCABLB TO MEETZHGS OF THE KZAHZ BEACH CZTY COKHZSSZOH. WHEREAS, the City of Miami Beach is bound to follow rule. pertaining to parliamentary procedure as contained within its Charter, Related Laws and Code: and WHBREAS, in those instance. when the City'S Charter, Related Laws and Code do not expressly dictate parliamentary procedure, it is appropriate to apply general parliamentary procedure as set forth within Robert's Rules of Order Newly Revised: and WHEREAS, Robert's Rules of Order Newly Revised (1990 Ed.) (and all subsequent amendments thereto) is the recognized authority for general parliamentary law applicable to meetings of elected and appointed bodies such as the Miami Beach city commission. )10W, THBREFORE, BE ZT DULY RESOLVED BY THE CZTY COKHZSSZOH OF THE CZTY OF. MZAHI BEACH, FLORIDA that Robert,' s Rules of Order Newly Revised (1990 Ed.) (and all subsequent amendments thereto) is hereby adopted as the general parliamentary law applicable to meetings of the Miami Beach city commission and said Rules shall control in those instances with the City'S Charter, Related Laws and Code do not expressly dictate parlimentary procedure. PASSED and ADOPTED this 23rd day of October 1991. ATTEST: ""er;;:::; ~A---->) VICE-MAYOR ~~~~~ CITY CLERK JKO/cnm res/ord:8:\rObrules.res By Date 1 ~,,,,,. ",%",,~, .""""" """"'"'''' =~" ,.".",,.,,""" "'"o'~' ,""''''~' ~",'""~'i,"_~f Alitl.'" , "~,~""",,,..,..,,..,,,,,,,,..,,,,,,,,,,,,,,,,,..,,,,,.,,,,~,,,,,,,,,,,,,,,,,,.,,,,,,,,U,,,,,,,,~.,'''''' , "'.,., "''''~, ""," ," ,_,.....,' " ' ..."..." '"..'..... """,,. "" <, ,.-... -. ROB E R T · S R U L E S o p ORDER (15) _:.,;~:LJ':'::\ ;;~~,~ \~', ~:';;.--~'-~".'". '...., ' .~ . ,.~ 'r,", .: ',. '.' .' " . -. ..... .. ". . ",'~ .~"-""-,,,,,;._, ,__.)-",,- ,.':.,....:._l. . ~':..-: .. ,.: ....-, -",".-". , "' '. '.;,' . .~.,..' ->--<".' ,-----:., ~.:; ... ....~ . . '~.;, ^ OFFICE OF THE. CITY ATTORNEY iLl ./ r ~ ~ efJl(iomi ~ F L o R D A LAURENCE FEINGOLD CITY ATTORNEY P,O. BOX 0 MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE (305) 873-7470 TELECOPY (305) 673.7002 COMKXSSXOl1 IIBKORAHDUK 1/4. 't'1./}.'1 DA'l'B: OC'l'OBER 23, 1'91 FROH: Mayor Alex Daoud and Members of the city COijiSSion Laurence Feingold . /J j? city Attorney tI- tt- '1'0 : SOBJEC'l': . RBSOLOTXOH ADOP'1'XHQ ROBERT'S ROLES 01' ORDBR RBVXSBD In accordance with prior actions of the Miami Beach city commission applying rules of parliamentary procedure as set forth within Robert's Rules of Order Newly Revised in those instances when the city's Charter, Related Laws and Code do not expressly dictate such procedure, the attached resolution has been drafted as a housekeeping matter for the purpose of formally adopting Robert's Rules of Order Newly Revised to meetings of the Miami Beach City commission. The proposed resolution is ready for City Commission review and carries with it the city Attorney's recommendation for passage thereof. JKO/cnm res.ord:e:\robrules.cm .14 AG~~~: I< -/0 - C- 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEl DATE /tJ-;z".J-9/