LTC 092-2017 Boards and Committees AuditMIAMI BEACH
OFFICE OF THE CITY MANAGER
No. LTC #
092-2017
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of the City C,rommission
FROM: Raul Aguila, City Attorne
Rafael E. Granado, City Clerk
DATE: February 21, 2017
SUBJECT: BOARDS AND COMMITTEES AUDIT
Pursuant to the request of Commissioner Michael Grieco, an audit of the City's
boards and committees was conducted by the City Attorney's Office and the City
Clerk's Office. The purpose of the audit was to identify board member categories
that no longer exist, and other circumstances affecting the ability of boards to
appoint members and to establish quorums. Based upon the results of the audit, the
following recommendations are made:
1. Affordable Housing Advisory Committee
Section 2-167(d) of the City Code sets forth the membership requirements for this
Committee. Under current City Code provisions, there are 18 Committee
members (7 direct appointments and 11 at -large appointments). Recent changes
to State law now require at least 8, but no more than 11 members, with the
members to be appointed from at least 6 of 11 statutorily enumerated categories.
Currently, the 11 at -large appointments represent each of the 11 categories, and
the 7 direct appointments are selected based on other criteria related to either
residency or business ownership/interest in a locally designated community
development target area.
Recommendation: In order to streamline the Committee's membership to
conform to new State law limits and requirements, the Committee must be
reconstituted with at least 8, but no more than 11 members (either 7 direct and 1
to 4 at -large appointments; or, all 8 to 11 members selected as at -large
appointments). Further, the members must be selected from at least 6 of the 11
statutorily enumerated categories. In addition, the language in subsection 2-
167(d), which allows the appointment of a member category without regard to
affordable housing due to the governing body's small size, a conflict of interest by
a prospective appointee, or other reasonable factor, has been deleted from State
law, thus, this subsection should be deleted from the City Code.
1 The residency or business ownership/interest criteria originated from the Community Development
Advisory Committee, which was merged with the Affordable Housing Advisory Committee pursuant to
Ordinance No. 2014-3841.
Letter to Commission - Boards and Committees Audit
February 21, 2017
Page 2 of 4
2. Ad Hoc Beachfront Management Plan Advisory Group (created by
Resolution No. 2016-29407)
The mission of this Group, to review and provide comments on the City's updated
Beachfront Management Plan, has been completed. The Plan was submitted to
the Florida Department of Environmental Protection, Division of State Lands, and
was approved on August 23, 2016.
Recommendation: The Group may sunset on May 31, 2017 pursuant to the
terms of Resolution No. 2016-29407.
3. Board of Adjustment
Pursuant to Article I, Section 2 of the City's Related Special Acts, the Board is
composed of seven at -large members appointed by a 5/7th vote of the City
Commission. One member is appointed from each of the following seven
categories: 1) law, 2) architecture, 3) engineering, 4) real estate development, 5)
certified public accounting, 6) financial consultation, and 7) general business. In
addition, Board members must be either City residents or have their principal
place of business in Miami Beach. In 2014, the Related Special Acts were
amended pursuant to referendum to provide that the Board's authority to grant
variances is limited to variance requests to the Board and does not include
variances requested in conjunction with applications for development approval
within the jurisdiction of the Design Review Board or the Historic Preservation
Board. Provisions regarding the membership, powers, and duties of the Board are
also set forth in Sections 118-131 through 118-136 of the Land Development
Regulations of the City Code. However, differences in the wording of the Related
Special Acts and the City Code provisions require clarification.
Recommendation: The City Code provisions concerning Board membership and
the Board's powers and duties should be amended to mirror or adopt those set
forth in the Related Special Acts.
4. Design Review Board
Pursuant to Section 118-72(a) of the City Code, this Board is composed of seven
(7) regular members. In addition, there is a non-voting advisory member to be
appointed by the City Manager from an eligibility list provided by the "barrier free
environment committee." The Barrier Free Environment Committee was renamed
the Disability Access Committee pursuant to Ordinance No. 2006-3500.
Recommendation: Section 118-72 should be revised to refer to the Disability
Access Committee.
Letter to Commission - Boards and Committees Audit
February 21, 2017
Page 3 of 4
5. Health Advisory Committee
Currently, a vacancy exists on this Committee with regard to one of the three (3)
non-voting, ex -officio representatives. This vacancy is due to the elimination of the
City's Office of Children's Affairs, whose director is designated as one of the three
ex -officio representatives. The comparable City office is currently named the
Office of Housing and Community Services.
Recommendation: An amendment to replace the director of the Office of
Children's Affairs with the director of the Office of Housing and Community
Services is needed.
6. Human Rights Committee
The members of this Committee shall reflect, as nearly as possible, the diversity
of individuals protected under the City's Human Rights Ordinance. In addition, one
(1) member is specifically required to be an active member, in good standing, of
the Florida Bar with experience in civil rights law. Unlike other citizen boards and
committees, the chair of this Committee is specifically designated, and the
designated chair is the attorney member.
Recommendation: In order to provide more flexibility in the appointment of a
chair, the removal of this restriction as to the chair may be considered.
7. Miami Beach Commission for Women
Section 2-190.4 of the City Code provides that the chair of this Commission, or
the Commission's designee, shall serve as a nonvoting, ex -officio member of the
Community Relations Board.
Recommendation: The Community Relations Board no longer exists; therefore,
this section should be revised to eliminate such language.
8. Police/Citizen Relations Committee
Section 2-190.40 of the City Code states that recommendations for the
appointment of all voting and non-voting members shall be encouraged to be
obtained from various community organizations, including the Dade Action Pact.
Currently, no organization exists with that name.
Recommendation: This Code section should be revised to eliminate the
reference to the Dade Action Pact.
Letter to Commission - Boards and Committees Audit
February 21, 2017
Page 4 of 4
9. Transportation, Parking, and Bicycle -Pedestrian Facilities Committee
Seven (7) members of this Committee are direct appointments by the City
Commission. Another seven (7) members are the designated representatives of
seven enumerated groups, leagues, or associations. One of the seven listed
groups is Lincoln Road Marketing, Inc., which has been dissolved. A comparable
group that exists is the Lincoln Road Business Improvement District, Inc.
Recommendation: Section 2-190.94 should be amended to provide for a
Committee member who is a representative of the Lincoln Road Business
Improvement District, Inc.
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