2011-3720 Ordinance ORDINANCE NO. 2011 -3720
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE III,
DIVISION 28 OF THE CITY CODE, ENTITLED "CAPITAL
IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE;"
AMENDING SECTION 2- 190.127, ENTITLED "ESTABLISHMENT;
PURPOSE; MEMBERSHIP," BY ADDING A NON - VOTING EX-
OFFICIO MEMBER WHO IS EITHER A MEMBER OF THE
DISABLED COMMUNITY OR HAS SPECIAL KNOWLEDGE OF
AMERICANS WITH DISABILITIES ACT (ADA) ISSUES; AND
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, currently, the Capital Improvement Projects Oversight Committee consists of
nine (9) voting members who serve in an advisory capacity to the City Commission and
Administration in matters pertaining to the oversight and successful implementation of capital
improvement projects in the City, and
WHEREAS, it is deemed beneficial to expand the membership of the Committee to include
an additional non - voting ex- officio member who is either a member of the disabled community or
has special knowledge of Americans with Disabilities Act issues to provide accessibility - related input
to the Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 2, Article III, Division 28, Section 2- 190.127 of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
DIVISION 28. CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE
Sec. 2- 190.127. Establishment; purpose; membership.
(a) The mayor and city commission hereby establish a capital improvement projects oversight
committee for the purpose of serving as an advisory body to the city commission and city
administration in matters pertaining to the oversight and successful implementation of capital
improvement projects initiated and undertaken by the City of Miami Beach including, without
limitation, the proposed obligation bond funded projects approved by the mayor and city
commission pursuant to Resolution Nos. 99- 23299, 99- 23300, and 99- 23301, adopted on
September 17, 1999, and as same maybe amended from time to time.
(b) The capital improvement projects oversight committee shall consist of nine voting members,
eight of whom shall be appointed by the city commission as a whole (at -large appointees)
and one non - voting ex- officio member who shall be an at -large appointee selected from
three nominees proposed by the city's accessibility committee or its successor committee;
provided however, that the mayor or any city commissioner may supplement the committee's
suggested nominees and, if a member is not approved from the accessibility committee's
recommended nominees or any of the nominees proposed by the mayor or the individual city
commissioners, then the accessibility committee shall submit new nominees for
consideration until a suitable replacement has been found to fill the existing vacancy. The
membership of the capital improvement proiects oversight committee shall further be
comprised as follows:
(1) The mayor or his /her designee, who shall sit as a voting member of the committee,
and shall also serve as chairperson of the committee;
(2) At least two members shall be selected with experience in one of the following
technical fields:
a. Engineering;
b. Architecture and /or landscape architecture; or
c. Historic preservation;
(3) At least two members shall be selected with experience in one of the following
technical fields:
a. Construction /general contractor; or
b. Developer;
(4) Two members shall be selected with experience in the following technical field
and /or the following category:
a. Capital budgeting and /or finance; or
b. Citizen -at- large; ,a4
(5) Th remaining tTwo members shall be selected from any of the technical experience
categories set forth in subsections (2) or (3) above:; and
(6) The non- voting ex- officio member shall be either a member of the disabled
community or a person with special knowledge of Americans with Disabilities Act
(ADA) issues in order to provide accessibility - related input to the committee.
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 relettered
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 following adoption.
PASSED and ADOPTED this 134 day of Fri 1 , 2011.
ATTEST: at. 1,011
1 (AiC14 POAXLA
MAYOR
CITY CLERK
F : \atto\AGUR \RESOS- ORD \CIPOC Ordinance (Amendment to Ordinance 12- 2- 10).doc
APPROVED AS TO
F, & LANGUAGE
"FD • ECUTION
l II
1 ATTORNEY DA E
2I
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MIAMI A
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bowe - Id Members f i
y s o the City Commission
FROM Jose Smith, City , t(or
CC: Jorge Gonzalez, City Manager SECOND READING
PUBLIC HEARING
DATE: April 13, 2011
SUBJECT: An Ordinance Amending Capital Improvement Projects Oversight
Committee (CIPOC)
[Sponsored by Mayor Matti Herrera Bower]
At the request of Mayor Matti Herrera Bower, the City Attorney's Office has prepared the
attached Ordinance which was submitted for discussion at the January 19, 2011 City
Commission meeting and was referred to the Finance Committee. The Ordinance amends the
City Code provisions establishing and creating the CIPOC by adding a non - voting ex- officio
member to the Committee who is either a member of the disabled community or has special
knowledge of Americans with Disabilities Act (ADA) issues. The proposed Ordinance was
considered by the Finance Committee at its meeting on March 24, 2011 at which time it
recommended that the non - voting ex- officio member be appointed by the City Commission from
a list of three (3) nominees from the City's Disability Committee. The attached proposed
Ordinance incorporates the recommendation of the Finance Committee.
F:\ATTO\AGUR \RESOS -ORD \MEMOS \CIPOC Ordinance (Amendment to Ordinance (Second Reading 4- 13- 11)).doc
Agenda Item !S3
Date 9-13-11