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Resolution 78-15672 RESOLUTION NO. 78-15672 A RESOLUTION ADOPTING A CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT; INCLUDING RULES AND REGULATIONS, METHOD OF ELECTION, MEMBERSHIP OF COMMITTEE. WHEREAS, the Department of Housing and Urban Development has issued substantially revised Community Development Block Grant regulations regarding citizen participation; and WHEREAS, the City of Miami Beach Commission is required to develop and adopt a Citizen Participation Plan reflecting the revised rules no later than August 1, 1978; and WHEREAS, the Community Development office has revised the current plan in accordance with the new Federal Guidelines and the Community Development Committee has reviewed the plan and concurs as to its content and format; NOW, THEREFORE , BE -IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that said guidelines (attached hereto and made a part hereof by reference) be and the same are hereby approved and adopted. PASSED and ADOPTED this 19th day of July, 1978. M or Attest: City C erk AKW7fii OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 • • • • CITY OF MIAMI BEACH • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZEN PARTICIPATION PLAN JULY, 1978 • (new) I. Purpose To assure effective citizen involvement in an advisory role ' in the planning, implementation and assessment of the Commu- nity Development program. In addition, to increase govern- mental responsiveness through provision of information and assistance to all citizens interested in the Community Develop- ment program. (new) II. Availability and Dissemination of Program Records and Information. The City of Miami Beach will provide for full public access to program information and affirmative efforts to make adequate information available to citizens, especially to those of low • and moderate income and to those residing in lower income or blighted neighborhoods. • At the start of the planning process for the forthcoming program year, the City of Miami Beach will provide information regarding the total amount of Community Development Block Grant funds available to the City for community development and housing . activities; including planning and administrative activities; the range of activities that may be undertaken with these funds and the kind of activities previously funded in the community; the application's development and approval processes and -the , schedule of meetings and hearings; the role of citizens sand a summary of other important program requirements. Brochures, neighborhood meetings and newspaper advertisements are among the ' methods that will be used to disseminate information, and efforts will be made to make information available at community centers and neighborhood facilities . The City of Miami Beach will provide for full and timely o sulosure of its program records and information consistent with applicable state and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to the program will be made available for citizen review upon request at the City of Miami Beach Community Development office during . normal working hours. Copies of the citizen participation plan, the proposed and approved application and the Grantee Performance Report shall be available for distribution at the City of Miami • Beach Community Development office upon request and for citizen review at the Miami Beach Public Libraries. At the time the application is submitted to HUD, upon completion • of clearinghouses reviews, a notice will be published in a news- paper of general circulation stating that the application has • been submitted and is available. to interested parties upon • request and describing the requirements on citizens objections to application approval. (new) III . General Citizen Participation Process a. Participation • The City of' Miami Beach shall provide a process of citizen participation at the citywide level with regard to the over • - all application and program. All aspects of citizen parti- cipation shall be conducted in an open manner, with freedom • of access for all interested persons and reasonable efforts will be made to insure continuity of involvement of citizens or citizen organizations throughout the program. - 1 - • • . - • tet(',/I//�'R • a 7t /J .c7. • ee, / /44rn e4et 1,01, FLORIDA 33139 , Uv "VACATIONLAND U. S. A.- OFFICE ."OFFICE OF THE CITY MANAGER CITY HALL D.A. SOUTHERN 1700 CONVENTION CENTER DRIVE CITY MANAGER ��� TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 6 DATE: July 13, 1978 • TO: Dr. Leonard Haber, Mayor and Members of the City Commission FROM: D. A. Southern City Manager ' SUBJECT: ADOPTION OF CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT • The Department of Housing and Urban Development has recently issued substantially revised Community Development Block Grant regulations regarding .citizen participation. The City is now required to develop and adopt a citizen participation plan reflecting the revised rules. A HUD-imposed deadline of August 1, 1978 exists for such a plan to be adopted. The Community Development office has revised the current plan in accordance with the new Federal guidelines. The Community Development Committee has reviewed the plan and concurs as to its contents and format. HUD guidelines require adoption of the citizen partici- pation plan through resolution of the governing body. The Administration recommends approval and adoption of the attached plan. Zit glAL-704i� DAS:MHG:nw • • • • • 66 • 1 AGENDA p ITEM DATE 17 Num/00`0,/ g Citizens will be actively involved the planning, implementation and assessment of the CDBG program's s projects and activity in an advisory capacity. 1. Application Development Citizens shall be involved in the development of the annual application, including: the three year Community Development plan, the Housing Assistance Plan, and the annual Community Development Program. Public involvement shall be sought for subsequent amendments and other changes to the above, except those involving disaster activities. When prior HUD approval of the amendment is required, a public hearing shall also be convened. 2. Program Implementation Participation in program implementation will include involvement in an advisory capacity in policy decisions. However, day-to-day operational aspects or decisions, shall not be within the citizen's purview. 3. Assessment of Performance Citizens and citizen organizations shall be given the opportunity to assess and submit comments on all aspects of the City of Miami Beach Community Develop- ment performance, including that of its grantees or contractors, and objective achievement. Opportunities shall be given citizens to submit their comments directly to the City of Miami Beach Community Development office or at Community Development Committee public meetings. The above procedure is in no way intended to prevent individual citizens from taking direct action with the City Commission regarding their concerns and complaints. The annual performance report shall include: copies of comments regarding the Community Development performance; the City's assessment of such comments and a summary of any actions taken in response to the comments received. It will be made available at the Community Development office and at the Miami Beach public libraries. b. Submission of Views and Proposals The City of Miami Beach shall provide for and encourage the submission of views and proposals regarding the Community. Development program by citizens, particularly those of low-and-moderate income persons and residents of blighted neighborhoods. Such views may be submitted as follows : to the City of Miami Beach Community Development office during the planning period prior to public hearings or at public meetings and public hearings. Community Development staff will provide responses to all views and proposals submitted, including written responses to written proposals. The initial response for proposals submitted during the planning process will be provided within 30 working days after receipt of proposal by the Community Development office. When appropriate this response will be to advise that the proposal has been received and will be considered by the Community Development staff and the Community Development Committee, the procedure to be followed, the timing of proposal disposition, and, if further information is desired, to contact the Community Development office. All other citizen submissions made at other times will be responded to by the Community Development office within 30 days . Before the final public hearing on the proposed application, a summary of the action taken by the Community Development Committee and the administration regarding the views or proposals will also be provided to the person submitting the comment. 6/0 - 2 - c. Complaints The City of Miami Beach will make every reasonable effort to provide a written response to citizens' complaints within 15 working days of their receipt by the Community Development office. d. Objections to the Application Before submitting an application to HUD, the City of Miami Beach will make every reasonable effort to respond within 15 days after receipt by the Community Development office. of objections to the application. After application submittal, persons wishing to object to the application may do so directly to the HUD Area Office. The procedures for doing so shall be available at the City of Miami Beach Community Development office and will be stated in the notice published upon submission of the application to HUD. e. Technical Assistance The City of Miami Beach Community Development staff shall provide technical assistance to citizens so that they may adequately participate in planning, implementing and assessing the program. Technical assistance shall also be provided to groups of low-and-moderate income persons and groups of residents of blighted neighborhoods which request assistance in developing proposals and statement of views. Technical assistance may include workshops and seminars during all phases of the Community Development cycle. IV. Community Development Advisory Committee a. Composition The Community Development Advisory Committee shall be composed of eleven members. Seven members shall be elected from those persons who live, own a business , or own property in the target area. Four members shall be appointed by the City Commission to represent City- wide concerns , particular areas of expertise such as finance, law, engineering and the like, and to assure substantial representation of low-and-moderate income citizens and minority groups. The Community Development supervisor shall provide technical assistance to the Committee and shall be the liaison between the Committee and the City Administration. A city of Miami Beach employee, an appointed or elected official directly involved with the utilization or approval of Community Development funds expenditures shall not be eligible for membership. Members shall not be in conflict of interest as outlined below. b. Conflict of Interest A person would have a conflict of interest and will not be permitted to vote in the following circumstance: 1. Any person employed by or on the Board of any Agency or organization shall be in conflict of interest and shall not vote nor participate in discussion relating to matters per- taining to such Board or Agency. c. Nominations and Elections Notice to the public of the three nomination meetings shall be given at least five (5) days in advance in a local news- paper. Notice will also be published in a Spanish newspaper and whenever possible, flyers shall be distributed. 3 - • To be eligible to make a nomination or to be nominated, a person must verify that he lives, or owns a business • or property in the City of Miami Beach. Those persons eligible will be certified as they register to participate in the nomination meeting. Nominations will be taken from the floor for the seven committee members. Nominees must be at the meeting to accept the nomination. . No new nominations will be allowed except during duly called nomination meetings. The election meeting will take place two weeks after the third nominating meeting. A list of election rules shall be prepared by staff and posted at the Community Development office at least five (5) days prior to the election meeting. Copies of election rules will be available upon request. Voting will be by written secret ballot and supervised by City staff. Staff shall announce the outcome of the election, and tabulate and transmit the election results to the City Commission. d. Vacancies Vacancies which may occur on the Committee would be filled ' by a City Commission appointment. However, if the original member were an elected member who lived, owned a business or own property in the target area, the replacement appointee must live, own a business or own property in the target area. The Federal requirement for substantial representation of low-and-moderate income persons and members of minority • groups shall be taken into consideration when filling • vacancies. e. Officers To provide guidance and leadership for the Community Develop- ment Committee, there shall be two officers elected by the Committee, a chairperson and vice-chairperson. Term of office as chairperson or vice-chairperson shall be in accord with the committee term of office. ,Officers may succeed them- selves. • Chairperson - The chairperson shall chair all Committee meetings, with staff support. He/she shall work closely with staff to develop meeting agendas. He/she shall appoint all sub-commit- tees. The chairperson shall also -represent the, Committee before City Commission and at other appropriate occasions. Vice-Chairperson - In the absence of the chairperson, shall chair Committee meetings. The vice- N chairperson may also serve as chairperson of a sub-committee if so appointed by the chair- person. f. Term of Office • The term of office shall be for one year from October 1 through September 30. The first term of office will commence October 1, 1978. Committee members may succeed themselves . g. Meetings The Community Development Advisory Committee will hold public • meetings which will provide opportunities to the public to receive information about Community Development funding, the range of activities which may be undertaken, the amount of funds available, and the progress of planned activities. Citizens will also have the opportunity to articulate needs and express preferences about proposed activities. A quorum to conduct Committee business shall be six members. Committee meetings will be held at least once every two months or as needed and will be coordinated with the schedule for the preparation of Uhe Community Development application. A ten- tative schedule of the Community Development process for the 66D - 4 - City of Miami Beach will be made available at the first Committee meeting of each year. The Chairperson, with staff guidance, will set the time and place of meetings which coordinate with the planning schedule. Regular meeting notices shall be provided at least five (5) days in advance of said meeting in a local newspaper. Special meetings may be called, which would require that staff make efforts to publicize the meeting through the newspaper, printed flyers, and a meeting notice posted on the bulletin board at City Hall. h. Committee Role The Community Development Advisory Committee through their officers shall serve as an advisory body to the Community levelopment staff and City Commission, however, the Committee or their officers will have no powers to make administrative decisions nor direct staff actions. The Committee shall hear citizen complaints or suggestions, facilitate community involvement regarding Community Development activities and shall serve as a forum to hear citizen concerns, priorities, views and proposals. This in no way is intended to prevent individual citizens from taking direct action with their City Commission regarding their complaints or concerns. (See Part III in reference to the general citizen participation process. ) (new) i. Absences Three successive absences to duly held or called meetings by any member of the Committee without good cause shall be deemed good and sufficient cause for removal of such member from the Committee. The removal of such member shall be automatic and requires only a notice of such absenteeism from the Community Development Advisory Committee Chairperson to the City Clerk's office. Such removal shall create a vacancy which shall be filled according to the manner specified elsewhere in this. plan. (new) V. Bilingual Opportunities a. Notice - All notices of public hearings shall be published 10 days prior to each public hearing in a Spanish language newspaper of general circulation. Whenever deemed appropriate by City staff notices of other public meetings and forums shall be published in a Spanish newspaper. b. Flyers & Newsletters - All flyers distributed regarding public hearings will be provided both in English and Spanish. Whenever possible, Community Development newsletters will bepublished in both English and Spanish. c. Meetings and Hearings - Bilingual staff assistance shall be offered at all required hearings. In addition, bilingual assistance will be provided whenever possible at public meetings, particularly when the meeting place islocated in an area of high concentration of Spanish speaking persons. d. Basic Information - Summaries of basic information shall be produced in Spanish, including the annual application, three year plan, housing assistance plan, annual performance report, and citizen participation plan. (new) VI. Public Hearings and Meetings Public hearings will be held at convenient times and locations which will permit broad citizen participation, particularly by low-and-moderate income persons and by residents of blighted neighborhoods, and will make possible the full participation ofadr - 5 - handicapped citizens. A notice shall be published 10 days in advance of public hearings in the non-legal section of general circulation newspapers, including minority and non- english language newspapers where appropriate. It shall indicate time, date, place, and procedures of the hearing and topics to be considered. Reasonable effort will be made to provide this notice in the form of press releases in news- papers and periodicals serving low-and-moderate income neigh- borhoods. a. Presubmission Hearings - Two kinds of hearings will be held prior to submission of the application. 1. To obtain views and proposals of citizens at the initial stage of the application develop- ment and to obtain comments on the community development performance. 2. To obtain views of citizens on the proposed application prior to submission of the application to A-95 clearinghouses. b. Performance Hearing - An additional public hearing will be held 30 to 60 days prior to the start of planning for the next program year in order to review program progress and performance. In addition, public meetings and forums will be held on a regular basis to provide citizens the opportunity for continuous input into all phases of the Community Develop- ment process. (new) VII. Neighborhood Level Citizen Participation Process The City of Miami Beach will provide a citizen participation process at the neighborhood level where a significant amount of activity is proposed or ongoing. This will be provided through the Community Development staff by holding meetings which are in locations convenient to neighborhood residents, partic- ularly during implementation phases. When appropriate, the Community Development office shall arrange for other City departments to be available at such meetings. ASP:ff ', ' 7/13/78 - 6 - 6 /- CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT PROGRAM CITIZEN PARTICIPATION GUIDELINES (Revised in Accord with Council) (action October 6, 1976 Item R78 ) COMMUNITY DEVELOPMENT COMMITTEE Purpose To assure meaningful citizen involvement in the planning of the Community Development Program through a Community Development Committee. Membership • The Community Development Committee shall be composed of eleven members. Seven members shall be elected from those persons who live, work or own property in the target area and lire not in conflict of interest as outlined below. Four members would be appointed by City Council to represent City-wide concerns, they also may not be in conflict of interest. Vacancies Vacancies which may occur on the Board would be filled by a Council appointment, no matter whether the original member were appointed or elected. However, if the original member were an elected member who lived, worked or owned property in the target area, the replacement appointee must live, work or own property in the target area. Conflict of Interest A person who, is employed by or on the Board of any agency or organization receiving. Community Development funds would have a conflict of interest. Also any city employee, appointed or elected official directly involved with utilization or approval of Community Development funds expenditures would be in conflict of interest. Those persons having a conflict of interest may not •vote or hold office on the Community Development Committee. An employee or anyone financially involved with a property or business of a • _ person who is employed by or on the Board of any agency or organization receiving Community Development funds shall not be permitted to be a member of the Community Development Committee. Officers To provideguidance and leadership for the Community Development Committee, there shall be two officers elected by the Committee, a chairperson and a vice-chairperson. Term of office as chairperson or vice-chairperson shall be in accord with the committee term of office. Officers may succeed themselves. 67 ( 1 ) Chairperson - The chairperson shall chair all Committee meetings, with,staff support. He/she shall work closely with staff to develop meeting agendas. He/she shall appoint all sub-conunittees. The chairperson shall also represent the Committee before City Council and at other appropriate occasions. Vice-Chairperson - In the absence of the chairperson, shall chair Committee meetings. The vice-chairperson may also serve as chairperson of a sub-committee if so appointed by the chairperson. Nominations and Elections Notice to the public of the nomination meeting shall be given at least five (5) days in advance in a local newspaper. In order to be eligible to make a nomination or to be nominated, a person must verify that he lives, works or owns property in the target area and is not in conflict of interest. Those persons eligible will be certified as they register to enter the nomination meeting. Nominations will be taken from the floor for the seven committee members. Nominees must be at the meeting to accept the nomination. (1) No new nominations will be allowed after the adjournment of the nomination meeting. The election meeting will take place two weeks (11 after the nominating meeting. Public notice of the election meeting will be published in a local newspaper at least three (3) days prior to the election meeting. A list of election rules shall be prepared by staff and posted at the Community Development Office at least three (3) days prior to the election meeting. Voting will be by written secret ballot and supervised by City staff. Staff will tabulate ballots. Any candidate present shall have the opportunity to observe the counting of the ballots. The seven candidates receiving the most votes will win the committee positions. In the event of a tie between the seventh and lower positions, a runoff election will be held immediately. Staff shall announce the outcome of the election. (1) Revision in accord with City Council action October 20, 1976. (2) Revision in accord with City Council action October 20, 1976. ( 2 ) 7 68 Term of Offikir • The term of office will begin after the adjournment of the election meeting for both elected and appointed Committee members. The length of the first term of office will be until May, 1978. Thereafter the term will be one year. Meetings The Community Development Committee will hold public meetings which will provide opportunities to the public to receive information about Community Development funding, the ranges of activities which may be undertaken, the amount of funds available, and the progress of planned activities. Citizens will also have the opportunity to articulate needs and express preferences about proposed activities. A quorum to conduct Committee business shall be six members. Committee meetings will be held at least once every two months or as needed and will be coordinated with the schedule for the preparation of the Community Development application. A tentative schedule of the. Community Development process for the City of Miami Beach will be made available at the first Committee meeting. The Chairperson, with staff guidance, will set the time and place of meetings which coordinate with the planning schedule. Regular meeting notices shall be provided at least five (5) days in advance of said meeting in a local newspaper. Special meetings may be called, which would require that staff make efforts to publicize the meeting through the newspaper, printed flyers, and a meeting notice posted on the bulletin • board at City Hall , Committee Role The Community Development Committee through their officers shall serve as an advisory body to Community Development staff and City Council , however, the Committee or their officers will have, no powers to make administrative decisions nor direct staff actions. The Committee shall hear citizen c:mpla.ints or suggest- . ions regarding Community Development activities and shall serve as a forum to hear and screen citizen concerns and priorities. This in no way is intended to prevent individual citizens from taking direct action with their City Council regarding their complaints or concerns. In addition to/the participation opportunities afforded by the Committee meetings, the City Council shall also conduct two (2) formal public hearings prior to final approval of the Community Development application. 69 f ` ( 3 ) ORIGINAL RESOLUTION NO. 78-15672 (Re: Adoption of revised Citizen Partici- pation Plan regarding Community Develop- ment Committee)