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CAO 02-11CITY OF MIAMI BEACH Office of the City Manager Request for Legal (::!pinion C.M.O. Number: ~ To: From: Subject: Murray H. Dubbin City Attorney Jorge M. Gonzalez City Manager "t ~,' ' _~i SOUTH POINTE ~VlSORY BOARD Date: July 1,2002 Pursuant to the City Commission's request to research the necessity/requirement to maintain the South Pointe Advisory Board (SPAB), please find three (3) resolutions_ establishing such a board and the sections from the Florida Statues 163.512 that staff," believes is applicable. Please advise if it is a legal requirement for the SPAB to remain in place during the remaining term of the district. JMG\C°~C\rar Fi[C~MG R~AL L~C H RISTIN~J MG\SPAB .MHD.doc c: Christina M. Cuervo, Assistant City Manager TO: FROM: SUBJECT: DATE: CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM Jorge Gonzalez City Manager Murray H. Dubbin/ ll~l~- City Attorney ]~ Debora J. Turner '~ First Assistant City Attorney CMO #1-7/02 CAO #02-11 South Pointe Advisory Board November 26, 2002 ISSUE: Whether there is a legal requirement or necessity to maintain the South Pointe Advisory Board.~ SHORT ANSWER: No. The South Pointe Advisory Board, or any board acting in an advisory capacity to the Miami Beach Redevelopment Agency, is not required by law and, therefore, may be dissolved by resolution as the Redevelopment Agency sees fit. DISCUSSION: Section 163.356, et seq., of the Florida Statutes provides for the creation of community redevelopment agencies and sets forth their powers and the requirements for the redevelopment plans which such agencies implement. There is no requirement for the creation or maintenance of an advisory body to any such community redevelopment agency. On March 15, 1985, via Resolution No. 33-85, the Miami Beach Redevelopment Agency authorized the creation of an advisory board to be known as the South Pointe Advisory Board which would have a direct reporting relationship with the Redevelopment Agency and would serve as an advisory body concentrating on the South Pointe area. The members of the Mayor's Ad Hoc Economic Development Council Subcommittee on South Pointe were named as the South Pointe lit is noted that the question posed was whether it was a requirement for the South Pointe Advisory Board "to remain in place during the remaining term of the district." Moreover, Section 163.512, et seq., of the Florida Statutes was attached to the request as applicable authority. These sections pertain to "community development neighborhood improvement districts" and the "advisory counsels" that are required for such districts. These sections do not pertain to the subject Board or the Redevelopment Agency which the Board advises. · ~Advisory Board. Thereafter, during a period of fifteen months of dormancy, the South Pointe Advisory Board was reactivated via Resolution No. 45-87 with the Board being reconstituted with seven members to be approved by a majority vote of the Redevelopment Agency. The duties and responsibilities of the reconstituted and reactivated Board were those as set forth in Exhibit A to Resolution No. 45-87. (Attached). The duties set forth for the Board consist of advising the Redevelopment Agency on a variety of matters. Thereafter, via Resolution No. 46-87, the South Pointe Advisory Board was increased from seven to ten members. As the South Pointe Advisory Board was created and exists only to act in an advisory capacity to the Miami Beach Redevelopment Agency, and there are no statutory or other requirements that it remain in existence for any particular length of time, it may be dissolved at any time via resolution as the Redevelopment Agency deems fit. RESOLUTION NO. 45-8? A RESOLUTION REACTIVATING THE ADVISORY BOARD TO THE REDEVELOPMENT AGENCY AND REPEALING RESOLUTION NO. 33-85. WHEREAS, it always has been the intent of the Redevelopment Agency to obtain timely advice from South Pointe area residents, property owners and businessmen; and, WHEREAS,. the Agency, in pursuit of these objectives, created the South Pointe Advisory Board on May 15, 198~5 by Resolution No. 33-85, naming members of the Mayor's Ad Hoc Economic Development Council Subcommittee on South Pointe as members of the Board~ and, WHEREAS, this Advisory Board, though active in formulating and implementing the two South Pointe Developers' Conferences and in assisting various development projects programmed for the area, has been inactive for the last 15 months~ and, WHEREAS, a newly activated Advisory Board, with strong participation from area property and business owners, including members of the South Pointe Property Owners' Association, are expected to contribute positively to the development of the South Pointe area and to the overal! goals and objectives of the Redevelopment Agency. NOW, THEREFORE, BE IT DULY RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH: 1. That the South Pointe Advisory Board to the Redevelopment Agency is hereby reactivated. This Board shall consist of seven (7) members approved by a majority vote of the Redevelopment Agency. 2. To be eligible, members must be permanent residents of, own property in, have their principal place of business .in, and/or have substantial investment in the South Pointe Redevelopment Area. 3. Each member shall receive a term of one (1) year. 4.. That the duties and responsibilities of this Board shall be as listed in Exhibit "A" attached and made a part hereof by reference. 5. That Resolution No. 33-85 of May 15, 1986 be repealed. PASSED and ADOPTED this ?th.___~__ day of/~ctobe~. ATTEST: SECRETARY FORM APPROVED LEGAL DEPT. Date~ SOUTH POINTE ADVISORY BOARD TO THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH MEMBERSHIP AND DUTIES The overall affairs of the Advisory Board shall be under the supervision and control of the Redevelopment Agency of the City of Miami Beach through its Executive Director. The Board shall consist of seven (7) members. Each term of office shall be for one year. Members shall be appointed by the Executive Director and approved by a majority vote of the Redevelopment Agency. Each member of the Board shall be permanent residents of, own property in, have their principal place of business in, and/or have substantial investment in the South Points Redevelopment Area. The Board shall adopt rules and regulations governing its affairs, subject to the approval of the Redevelopment Agency and its Executive Director. To assist the Agency in accomplishing its objectives of redeveloping South Points, the Board may, with the approval of the Redevelopment Agency and its Executive Director: o Advise on such matters as public improvements, private investments in new development and rehabilitation, as well as on marketing strategies to develop the South Points area according to established development plans. o Cooperate with the Redevelopment Agency and its Executive Director and staff, as well as with all City of Miami Beach departments, boards and committees to implement short- and long-range plane designed to enhance So. Pointe through new development as well as through the rational rehabilitation of existing structures. o Assist in the formulation and coordination of the necessary development incentives for the private sector to implement such plans to the fullest extent possible. o Provide recommendations for the security and maintenance of South Points or any portion thereof. o Recommend bond issues, special assessment districts and other financing mechanisms to the Redevelopment Agency and to its Executive Director. o Recommend to the Redevelopment Agency, through its Executive Director, any such action as the Board deems necessary to accomplish its objectives.