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2013-28245 Reso RESOLUTION NO. 2013-28245 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 29, 2013 MEETING TO CONSIDER AN ORDINANCE ADDRESSING UNEXPECTED VACANCIES ON THE CITY'S LAND USE BOARDS, AND INCLUDING NOTICE AND WAITING PERIOD PROVISIONS FOR THE FILLING OF SUCH VACANCIES. WHEREAS, pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's land use Boards was referred to the Neighborhood/Community Affairs Committee; and WHEREAS, following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an ordinance to address unexpected vacancies on the City's land use Boards was unanimously recommended and the City Attorney's Office was directed to draft an ordinance to be considered by the City Commission that would include notice and waiting period provisions for the filling of such vacancies. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Neighborhood/Community Affairs Committee for the City Commission to consider an ordinance to address unexpected vacancies on the City's land use Boards. PASSED and ADOPTED this 5'f41day of June, 2013. ATTEST: a I Herrera over �� . Rafa I E. Granad , City Clerk �P' ' C� INCORP ORATED: 2�•.. � : ,�� APPROVED AS TO �=H 26 & FOR EXEC UTION CA o ey Date FAATTO\TURN\RESOS\NCAC recommendationSpecial Vacancies.dou COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Neighborhood/Community Affairs Committee at its April 29, 2013 Meeting to Consider an Ordinance addressing unexpected vacancies on the City's Land Use Boards, and including notice and waiting period provisions for the filling of such vacancies. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth mans ement across the City. Process improved through information technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summa /Recommendation: Pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's Land Use Boards was referred to the Neighborhood/Community Affairs Committee. Following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an Ordinance to address unexpected vacancies on the City's Land Use Boards was unanimously recommended, and the City Attorney's Office was directed to draft an Ordinance to be considered by the City Commission on June 5, 2013 that would include notice and waiting period provisions for the filling of such vacancies. The proposed Ordinance, with"the corresponding memorandum, is included herein as Item R5F. The Administration recommends approving the resolution. Advisory Board Recommendation: This item was heard on April 29, 2013 by the Neighborhood/Community Affairs Committee. The Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. Financial Information: Source of Amount Account Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Rafael E. Granado/Debora Turner Sign-Offs: Department Director Assistant City Manager k City Manager REG T:\HGENDA\2013\June 5\Board Vacancies -summary Approve Committee Action.docx MIAMIBEACH AGENDA ITEM A'7 DATE �' S" MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Me bers of thPity mmission FROM: Jimmy L. Morales, City Manager Date: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 29, 2013 MEETING TO CONSIDER AN ORDINANCE ADDRESSING UNEXPECTED VACANCIES ON THE CITY'S LAND USE BOARDS,AND INCLUDING NOTICE AND WAITING PERIOD PROVISIONS FOR THE FILLING OF SUCH VACANCIES. RECOMMENDATION Adopt the Resolution. FUNDING N/A BACKGROUND Pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's Land Use Boards was referred to the Neighborhood/Community Affairs Committee. Following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an Ordinance to address unexpected vacancies on the City's Land Use Boards was unanimously recommended, and the City Attorney's Office was directed to draft an Ordinance to be considered by the City Commission on June 5, 2013, that would include notice and waiting period provisions for the filling of such vacancies. The proposed Ordinance, with the corresponding memorandum, is included herein as item R5F. The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (10) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. CONCLUSION The Administration requests that the Mayor and City Commission accept the recommendation of the Neighborhood/Community Affairs Committee for the City Commission to consider an Ordinance to address unexpected vacancies on the City's Land Use Boards. T:WGENDA\2013Wune 5\Board Vacancies Approve Committee Action-memo.doc