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2017-4132 OrdinanceORDINANCE NO. 2017 -4132 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2 -22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE THAT, WHENEVER A MAYOR'S BOARD OR COMMITTEE 1S CREATED TO STUDY A DEFINED GEOGRAPHIC AREA OF THE CITY, THE MAYOR SHALL MAKE A REASONABLE EFFORT TO APPOINT AT LEAST ONE INDIVIDUAL WHO HAS RESIDED IN THE AREA TO BE STUDIED FOR A MINIMUM OF SIX (6) MONTHS, OR WHO DEMONSTRATES OWNERSHIP /INTEREST FOR A MINIMUM OF SIX (6) MONTHS IN A BUSINESS ESTABLISHED IN THE AREA FOR A MINIMUM OF SIX (6) MONTHS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City's Mayor has, on occasion, created a Mayor's board or committee to study a defined geographic area of the City, including the Mayor's Blue Ribbon Panel on Washington Avenue, the Mayor's Ocean Drive Task Force, and the Mayor's North Beach Master Plan Steering Committee; and WHEREAS, the appointment of at least one affected resident or representative of an affected business is beneficial to a board's study of a defined geographic area of the City; and WHEREAS, accordingly, the Mayor and City Commission deem it in the best interests of the City, whenever a Mayor's board or committee is created to study a defined geographic area, to encourage the Mayor to make a reasonable effort to appoint at least one individual who has resided in the area to be studied for a minimum of six (6) months, or who demonstrates ownership /interest for a minimum of six (6) months in a business established in the area for a minimum of six (6) months. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Section 2 -22 of Chapter 2 of the Miami Beach City Code is hereby amended to state as follows: CHAPTER 2 ADMINISTRATION Article III. Agencies, Boards and Committees * Sec. 2 -22. General requirements. Except as otherwise specifically provided: (1) All agencies, boards and committees shall express a statement of their bodies' purpose. (2) All agencies, boards and committees shall appoint a chairperson and a vice - chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's board or committee. The enabling legislation for all agencies, boards and committees shall contain qualifications for membership as to knowledge and experience. (4) Members of agencies, boards and committees shall be affiliated with the city; this requirement shall be fulfilled in the following ways: a. An individual shall have been a resident of the city for a minimum of six months; or b. An individual shall demonstrate ownership /interest for a minimum of six months in a business established in the city for a minimum of six months. Exceptions to subsections (4)a. and b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may otherwise comply with the terms of subsections (4)a. and b. of this section. All ad hoc agency, board and committee terms shall be one year; all other agency, board and committee terms shall be two years, expiring on December 31 and commencing on January 1. (3) (5) a. Members appointed by individual city commissioners (referred to as "direct appointees ") to a specific agency, board or committee shall serve for no more than eight consecutive years on such agency, board or committee. Notwithstanding any other provision of the city Code or of any resolution, commencing with terms beginning on or after January 1, 2007, the term of every board member who is directly appointed by a member of the city commission shall automatically expire upon the latter of: December 31 of the year the appointing city commissioner leaves office or upon the appointment /election of the successor city commission member. Members appointed by the city commission as a whole (referred to as "at -large appointees ") to any agency, board or committee shall serve for no more than six years on any agency, board or committee as an at -large appointee. Nothing set forth in this subsection shall prohibit any individual from being reappointed (and serving up to six years) to any at -large position after a hiatus of two years. However, individuals serving on an agency board or committee who will have otherwise served six years as of December 16, 2006, may serve the remainder of their existing term. Term limits set forth in subsections (5)a. and b. of this section shall be measured retroactively from an individual's initial appointment to membership on an agency, board or committee. 2 (6) (7) (8) (9) Exceptions to subsection (5)b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of a registered architect or registered landscape architect who does not otherwise comply with the terms of subsection (5)b. hereinabove. An individual member can serve as a chairperson of a specific agency, board or committee for no more than four consecutive years. All agency, board and committee terms shall be staggered upon initial appointment by the city commission. All agencies, boards and committees shall be supported by a city department. The supporting department shall make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. If any member of an agency, board or committee fails to attend 33 percent of the regularly scheduled meetings per calendar year, such member shall be automatically removed. To calculate the number of absences under the 33 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number. (10) During meetings, a standard sign -in register must be completed by members of agencies, boards or committees. If there is not a quorum to conduct agency, board or committee business, attendance and absences must otherwise be recorded. (11)Attendance shall be recorded when an individual arrives within 30 minutes of the scheduled meeting time and remains for at least 70 percent of the meeting. (12)AII agencies, boards and committees shall meet at least once quarterly, unless otherwise indicated in this chapter. (13) The chairperson or his designee shall biannually submit a completed written report form, supplied by the city administration, to the city commission and city manager. Additionally, the chairperson or his designee shall annually present an oral report to the commission and city manager. The contents of both the report form and the oral report shall be approved by the submitting agency, board or committee prior to the presentations. (14) Upon appointment, individuals shall receive an explanation of the government in the sunshine law, public records law, conflict of interest policy, mission statement, attendance requirements and other pertinent information. (15) Individuals serving on an agency, board or committee as ex officio members shall be nonvoting members. (16) The issue of conflict of interest /abstention impairs an individual's ability to be an effective member of an agency, board or committee. Members of any city agency, board or committee shall abide by the applicable provisions of F.S. ch. 112; County Code chapter 2 and article VII of this chapter, and any other applicable provisions of law, regarding conflicts of interest. (17) Members of the community shall be encouraged to attend agency, board and committee meetings. (18) Members of agencies, boards and committees shall be encouraged to make recommendations for the filling of vacancies on their respective bodies. 3 (19) The city manager, or the city manager's designee, shall annually prepare and present a report to the city commission tracking and identifying the city's diversity statistics. The report shall include the city's diversity statistics relating to individual commissioner, agency, board and committee appointments, city commission, agency, board and committee appointments, and city workforce diversity statistics. (20) At -large appointment of agency, board and committee members to fill categories: a. When an appointment involves the selection of individual member(s) to fill any specified category or categories, the city commission vote(s) thereon shall be limited to the filling of each particular membership category by separate vote, with said votes to be taken and publicly announced in the order of category listings as set forth within the respective enabling legislation. Individuals seeking such appointments may qualify for more than one category. b. Notwithstanding the above, with regard to the City of Miami Beach Visitor and Convention Authority, any vacancy remaining after city commission appointments under the established categories may be filled by applicants from either or both (combined) the "hotel industry" category or "community at large" category. (21) Filling special vacancies on certain boards: a. Whenever a vacancy occurs on the Board of Adjustment, Planning Board, Design Review Board, or Historic Preservation Board prior to the end of a member's term of office due to resignation, termination, removal or death, a special vacancy exists and said member shall cease to hold office immediately upon such resignation, termination, removal or death. After the City Clerk has been notified in writing by the board's liaison that a special vacancy exists, a notice of special vacancy shall be posted in City Hall, on the City's website, and in any other place(s) that may be designated by the City Commission by resolution. The notice of special vacancy shall also be published once in a newspaper of general circulation in the City. An appointment to any of the above- referenced boards to fill a special vacancy shall not be made for at least ten (10) business days after the newspaper publication of the notice of special vacancy. b. Notwithstanding subsection (21)a., the City Commission may, if it finds that an emergency exists, authorize the temporary filling of a special vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an acting basis, but with all of the powers and duties of board membership, until a final appointment is made. (22) Whenever a mayor's board or committee is created to study a defined geographic area of the city, the mayor shall make a reasonable effort to appoint at least one (1) individual who has resided in the area to be studied for a minimum of six (6) months, or who demonstrates ownership /interest for a minimum of six (6) months in a business established in the area to be studied for a minimum of six (6) months. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4 SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on 0 c--to be c 5) 20 ' 1. PASSED and ADOPTED this ,5 day of Sep -lemlo ATTEST: , 2017 10 RAfael E City Clerk an :d Philip Levi Mayor (Sponsored by Commission Underline denotes additions;. APPROVED AS TO FORM & LANGUAGE Fe )EXECUTION City Attorney . F:\ATTO \KALN \ORDINANCES \Mayor's boards and committees - appointment of City resident or business.docx 5 Date MIAM BEACH Ordinances - R5 M COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: September 13, 2017 11:00 a.m. Second Reading Public Hearing SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2 -22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE THAT, WHENEVER A MAYOR'S BOARD OR COMMITTEE IS CREATED TO STUDY A DEFINED GEOGRAPHIC AREA OF THE CITY, THE MAYOR SHALL MAKE A REASONABLE EFFORT TO APPOINT AT LEAST ONE INDIVIDUAL WHO HAS RESIDED IN THE AREA TO BE STUDIED FOR A MINIMUM OF SIX (6) MONTHS, OR WHO DEMONSTRATES OWNERSHIP /INTEREST FOR A MINIMUM OF SIX (6) MONTHS IN A BUSINESS ESTABLISHED IN THE AREA FOR A MINIMUM OF SIX (6) MONTHS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. Legislative Tracking Office of the City Attorney Sponsor Commissioner Kristen Rosen Gonzalez ATTACHMENTS: Description Commission Memorandum (9- 13 -17) Ordinance Page 994 of 2353 OFFICE OF THE CITY ATTORNEY RAUL J, AGUILA, CITY ATTORNEY To cc: From: Date: Subje ; Mayor Philip Levine Members of the City Commission Jimmy Morales, City Manager Rafael Granado, City Clerk Raul J. Aguila, City Attorney September 13, 2017 COMMISSION MEMORANDUM AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE THAT, WHENEVER A MAYOR'S BOARD OR COMMITTEE IS CREATED TO STUDY A DEFINED GEOGRAPHIC AREA OF THE CITY, THE MAYOR SHALL MAKE A REASONABLE EFFORT TO APPOINT AT LEAST ONE INDIVIDUAL WHO HAS RESIDED IN THE AREA TO BE STUDIED FOR A MINIMUM OF SIX (6) MONTHS, OR WHO DEMONSTRATES OWNERSHIP/INTEREST FOR A MINIMUM OF SIX (6) MONTHS IN A BUSINESS ESTABLISHED IN THE AREA FOR A MINIMUM OF SIX (6) MONTHS; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached Ordinance has been placed on the September 13, 2017 City Commission meeting agenda for consideration on Second Reading. The Ordinance passed on First Reading at the July 26, 2017 City Commission meeting, The Mayor has the exclusive authority to create Mayor's boards and committees under City Code Section 2-27(b)(2). The City's Mayor has, on occasion, created a Mayor's board or committee to study a defined geographic area of the City, including the Mayor's Blue Ribbon Panel on Washington Avenue, the Mayor's Ocean Drive Task Force, and the Mayor's North Beach Master Plan Steering Committee. The Ordinance provides that, whenever a Mayor's board or committee is created to study a defined geographic area of the City, the Mayor shall make a reasonable effort to appoint at least one individual who has resided in the area to be studied for a minimum of six (6) months, or who demonstrates ownership/interest for a minimum of six (6) months in a business established in the area to be studied for a minimum of six (6) months, P:VkTTOWALAtO ISSION ME ayor's boards and bomrnittoes - appointment of Clty reIdnt business (2nd readIng).doox Page 995 of 2353