2009-3623 Ordinance ORDINANCE NO. 2009-3623
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE III, SECTION 2-22(5)(a) THEREOF
REGARDING GENERAL REQUIREMENTS FOR MEMBERSHIP ON
CITY OF MIAMI BEACH'S AGENCIES, BOARDS AND COMMITTEES,
BY PROVIDING THAT WHEN A VACANCY ON THE CITY
COMMISSION EXISTS BEYOND DECEMBER 31 OF THE YEAR AN
APPOINTING COMMISSION MEMBER LEAVES OFFICE, DIRECT
APPOINTEES OF SAID FORMER COMMISSION MEMBER SHALL
HOLD OVER UNTIL THE APPOINTMENT/ELECTION OF THE
SUCCESSOR CITY COMMISSION MEMBER; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article III, Section 2-22(5)(a) thereof is
hereby amended to read as follows:
Sec. 2-22. General requirements.
(5) All ad hoc agency, board and committee terms shall be one year; all other agency, board
and committee terms shall be two years, expiring on December 31 and commencing on January
1.
a. Members appointed by individual city commissioners (referred to as "direct
appointees") to a specific agency, board or committee shall serve for no more than eight
consecutive years on such agency, board or committee.
Notwithstanding any other provision of the City Code or of any Resolution, commencing with
terms beginning on or after January 1, 2007, the term of every board member who is directly
appointed by a member of the City Commission shall automatically expire upon the latter of:
December 31 of the year the appointing City Commissioner leaves office or upon the
appointment/election of the successor Citv Commission member.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity 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 ten days from passage thereof.
PASSED and ADOPTED this 28tY'day of January 2008.
ATTEST:
Matti errera Bower
~U~~~~ Mayor
obert Parcher
City Clerk A~~~~ ~ T~
Requested by Commissioner Saul Gross $ ~A~C3E
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F:\atto\OLIJ\ORDINANCES\Boazd Members Term 2008.doc
OFFICE OF THE CITY ATTORNEY
• •
F L 0 R ! D A
t
JOSE SMITH s~~~ Telephone: (305) 673-7470
City Attorney ~ Facsimile: (305) 673-7002
SECOND READING
COMMISSION MEMORANDUM
DATE: January 28, 2009
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMI IdN
CITY MANAGER JORGE GON LEZ
r
FROM: JOSE SMITH
CITY ATTORNE
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ARTICLE III, SECTION 2-22(5)(a) THEREOF REGARDING GENERAL
REQUIREMENTS FOR MEMBERSHIP ON CITY OF MIAMI BEACH'S AGENCIES,
BOARDS AND COMMITTEES, BY PROVIDING THAT WHEN A VACANCY ON THE
CITY COMMISSION EXISTS BEYOND DECEMBER 31 OF THE YEAR AN
APPOINTING COMMISSION MEMBER LEAVES OFFICE, DIRECT APPOINTEES
OF SAID FORMER COMMISSION MEMBER SHALL HOLD OVER UNTIL THE
APPOINTMENT/ELECTION OF THE SUCCESSOR CITY COMMISSION MEMBER;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Saul Gross, the attached Ordinance has been drafted to
establish that in those instances in which a vacancy exists on the City Commission beyond December
31 of the year an appointing City Commission member leaves office, any direct appointees of said
former City Commission member shall continue in office until the vacancy on the City Commission is
filled.
The City Commission approved this proposed measure on first reading at its December 10, 2008
Commission meeting; the attached Ordinance is thus presented to the City Commission for second
and final reading.
JO/sc
F:\atto\OLIJ\CMEMO1Board Members Terms 2008.doc _
Agenda Item l°~ ~
1700 Convention Center Drive -- Fourth Floor -- Miami Beacl Date I-2.g_p 9
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CITY ~F MIA~I~ BEACH ' o
0
NOTICE OF PUBLIC'HEARINGS
}
NOTICE IS HEREBY given .that second readings and public hearings will be held ~
by the Mayor and City Commission of the City of Miami Beach, Florida, in the ? a
Commission Chambers, 3rd floor, City Ha11,1700 Convention Center Drive, Miami ~
Beach, Florida, on Wednesday, January 28, 2009, to consider the following: o
40:15 a.m. i ~
An Ordinance Amending Miami Beach City Code Chapter 2, Article lll, Section ~ ~
2-22(5)(a) Thereof Regarding General Requirements For Membership On City Of ' _
Miami Beach's Agencies, Boards And Committees, By Providing That When A .
Vacancy On The City Commission Exists Beyond December 31 Of The Year An W
Appointing Commission Member Leaves Office, Direct Appointees Of Said Former =
Commission Member Shall Hold Over Until The Appointment/Election Of The Q'
Successor City Com(ission Member E
W
Inquiries may be directed to the Clty Attorney's Office at (305) 673-7470.
1, I
40:20 a.m. ~ ~
An Ordinance Amending The Land Development Regulations Of The City Code : ~
Of The City Of Miami Beach, Florida By Amending Chapter 118, "Administration v
And Review Procedures," Article II, "Boards," Division 2, "Planning Board;' By Z
Amending Section -118-53, "Composition," By Clarifying That Only A Resident o
Of The City Shall Be Eligible For Appointment; Amending Division 4, "Historic
Preservation Board," Section 118-103, "Membership," By Establishing That One .
Of The At-Large Members Who Must Own Or Manage Property In One Of The _
Historic Districts'ShallAko Reside In The City. ~
Inquiries may be directed to the Planning Departmen#,a#..(305) 673-7550.
~m
10:25 a.m. ~
An Ordinance Amending Cify Code Chapter 118, "Administration And Review ~
Procedures," Article VII, "Division Of Land/Lot Split," Section 118-321, "Purpose,
Standards And Procedure," By Clarifying That The Review Criteria For Requests
For A Division Of Land/Lot Slit To Require An Applicant To Submit Massing And }
Scale Studies Of Possible Structures And Uses On The Lot Or Lota Proposed To I
Result From Lot Splits; And The Required Opinion. Of Titie Should Be As Of A.Date . II
Not More Than 120 Days Before The Planning Board Meeting.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:35 a.m.
An Ordinance Implementing A Deferred Retirement Option Plan For Members Of
The Miami Beach Employees' Retirement Plan Created By Ordinance 2006-3504, ;-
As SubsequenUyAmended; Creating A New Section 2.26, Providing A Definition Of
Deferred Retirement Option-Plan; Creating A New Section-5.13, Establishing The
Deferred Retirement Option Plan And Setting Forth The Features Of The Plan.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by
an age0t, or to express their views in writing addressed to the City Commission,
c!o the City Clerk, 1700 Convention Center Drive l st Floor, City Hall, Miami Beach, ~
Florida 33139. Copies of these ordinances are available for public inspection .
during normal business hours in the City Clerk's Office, 1700 Convention Center
.Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may:-
be continued and under such circumstances additional legal notice would not ~
be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public .
that: if a person decides to appeal any decision made by the City Commission
wiW respect to any matter considered at its meeting or its hearing, such person
~ must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission of
j otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters,
~ information on access for persons with disabilities, end/or any accommodation ;
to review any document or participate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to
initiate your request. TTY users may also calf 711 (Florida Relay Service).
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