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Ordinance 2000-3245 ORDINANCE NO. 2000-3245 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED"ADMINISTRATION"BY AMENDING ARTICLE III THEREOF ENTITLED "AGENCIES, BOARDS, AND COMMITTEES" BY AMENDING THE FOLLOWING DIVISIONS AND SECTIONS BY DELETING AT-LARGE APPOINTMENTS, AND BY AMENDING ALL LANGUAGE AND CATEGORIES OF MEMBERSHIP RELATIVE THERETO,AND BY PROVIDING FOR DIRECT APPOINTMENTS BY THE MAYOR AND CITY COMMISSIONERS TO WIT: AMENDING DIVISION 2, ENTITLED "BARRIER-FREE ENVIRONMENT COMMITTEE," BY AMENDING SUBSECTION 2-31(d), ENTITLED "COMPOSITION"; BY AMENDING DIVISION 3,ENTITLED"BEAUTIFICATION COMMITTEE," BY AMENDING SUBSECTION 2-36(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 5, ENTITLED "CONVENTION CENTER ADVISORY BOARD" BY AMENDING SUBSECTION 2-46(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 7, ENTITLED "PRODUCTION INDUSTRY COUNCIL" BY AMENDING SUBSECTION 2-71(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 8 ENTITLED "GOLF ADVISORY COMMITTEE" BY AMENDING SUBSECTION 2-76(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 12 ENTITLED"LOAN REVIEW COMMITTEE"BY AMENDING SUBSECTION 2-166(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 13 ENTITLED "PARKS AND RECREATIONAL FACILITIES BOARD" BY AMENDING SUBSECTION 2-171 (d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 14 ENTITLED "SAFETY COMMITTEE" BY AMENDING SUBSECTION 2-176 (d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 16 ENTITLED "YOUTH CENTER ADVISORY BOARD" BY AMENDING SUBSECTION 2-186(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 18 ENTITLED "COMMUNITY RELATIONS BOARD"BY AMENDING SECTION 2-190.14 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 19,ENTITLED "HISPANIC AFFAIRS COMMITTEE" BY AMENDING SECTION 2-190.24 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 20,ENTITLED "POLICE/CITIZEN RELATIONS COMMITTEE" BY AMENDING SECTION 2-190.30 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 21 ENTITLED "MARINE AUTHORITY" BY AMENDING SECTION 2-190.48 ENTITLED "MEMBERSHIP"; BY AMENDING DIVISION 24 ENTITLED"CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE" BY AMENDING SECTION 2-190.83 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 26 ENTITLED "COMMUNITY DEVELOPMENT ADVISORY COMMITTEE" BY AMENDING SECTIONS 2-190.109 ENTITLED"COMPOSITION,"2-190.110 ENTITLED "CITY AFFILIATION," AND 2-190.111 ENTITLED "KNOWLEDGE AND EXPERIENCE"; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, in order to provide greater efficiency in the selection and operation of the various boards and committees within the City of Miami Beach,new appointments by the Mayor and City Commission should be direct appointments and made individually by the Mayor and City Commissioners as opposed to at-large appointments. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That the Miami Beach City Code, Chapter 2 entitled "Administration," Article 3 entitled "Agencies, Boards, and Committees"be amended to read as follows: Chapter 2 ADMINISTRATION Article III. Agencies, Boards and Committees * * * DIVISION 2. BARRIER-FREE ENVIRONMENT COMMITTEE Sec. 2-31. Established; purpose; composition * * * (d) Composition. The barrier-free environment committee shall be composed of five seven voting members who shall be direct appointed by the mayor and city commissioners at- large and six nonvoting ex officio members. Consideration shall be given,but not limited to, the following categories: persons having mobility impairment; deaf and/or hard-of-hearing persons in the community;blind and/or vision-impaired persons in the community; mental, cognitive or developmental disabilities; children with developmental disabilities; children with physical disabilities; and the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The nonvoting ex officio members shall be the director of the office of children's affairs, a designee of the building services department director, a designee of the parks and recreation director, a designee of the police chief, a designee of the parking department director and the city's ADA coordinator or his designee. The city attorney's office shall provide legal counsel. 2 * * * DIVISION 3. BEAUTIFICATION COMMITTEE Sec. 2-36. Established; purpose; powers and duties; composition. * * * (d) Composition. The committee shall consist of eight members, appointed at-large by the - - •- : : . seven of whom shall be direct appointees by the mayor and city commissioners. (1) One landscape architect. (2) One landscape professional. (3) Three citizens having an interest in city beautification projects. graphic design, art, architecture, landscape design, architccturc or general contracting. (§) The Chairperson of the mayor's ad hoc garden center and conservatory advisory committee, or designee, who shall serve as a nonvoting, ex officio member. * * * DIVISION 5. CONVENTION CENTER ADVISORY BOARD Sec. 2-46. Established; purpose; powers and duties; composition. * * * (d) Composition. There shall be 14 voting members of the board; nine of whom shall be = : •: '- : --- -- -- the mayor and each commissioner shall make two direct appointments. (1) Two promoters/users of the Jackie Gleason Theater of the Performing Arts. (2) One promoter/user of the Miami Beach Convention Center. (3) One attorney. (4) One financial advisor. 3 (5) One hotelier. (6) One individual representing the field of advertising/marketing or public relations. (7) Two citizens at-large. The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his designee shall serve as a nonvoting, ex officio member. The chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a nonvoting, ex officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau and the city manager's office shall serve as nonvoting, ex officio members. DIVISION 7. PRODUCTION INDUSTRY COUNCIL * * * Sec. 2-71. Established; purpose; powers and duties; composition. * * * (d) Composition. The council shall be composed of 2 voting members;; •: •-: - :- : :::•- - : • - - -: --•: - : _- the mayor and each commissioner shall make two one direct appointments. (1) Seven individuals representing the fashion, film, television and recording industries of the city. (2) Two citizens at-large. Representatives from the Miami-Dade Office of Film, Television and Print, and the city film, television and print office shall be included as nonvoting, ex officio members. (e) City affiliation. The two citizens at-large shall fulfill the city affiliation requirement for (1) An individual has been a resident of the city for a minimum of two years. (2) An individual can demonstrate ownership/interest for a minimum of two years in a business established in the city for a minimum of two years. ( ( 3 Knowledge and experience. All regular members shall have knowledge of the fashion, film, television, production, new media, or recording industries of the city. Each of the qtr six 4 industries shall be represented by at least one member,but no more than three members,who are directly involved with that industry. (0(g) Supporting department The supporting department of the committee is the office of filmitnd print the entertainment industry liaison. DIVISION 8. GOLF ADVISORY COMMITTEE Sec. 2-76. Established; purpose; powers and duties; composition. * * * (d) Composition. The committee shall be composed of ten twelve members, nine eleven of whom shall be voting members: (1) Five Seven voting members appointed by direct appointment by the mayor and city commissioners at-large. (2) Four voting members, who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Associations,respectively, and who shall serve on the committee during their tenure of office as such presidents. The city manager or his designee shall serve as a nonvoting, ex officio member. The chairperson of the golf advisory committee or his designee shall serve as a nonvoting, ex officio member of the recreational centers and parks facilities board, to be renamed the parks and recreational facilities board. * * * DIVISION 12. LOAN REVIEW COMMITTEE Sec. 2-166. Established; purpose; powers and duties; composition. * * * (d) Composition. The LRC shall consist of ten members,seven voting members,of whom voting - -• •- •: :- shall be direct appointments by the mayor and city commissionerst. (1) Three residents of the city, one each from North Beach, Middle Beach and South Beach. These zones shall be defined as follows: North Beach is the zone north of 5 Canal and 23rd Strcct to the Ocean; South Beach is the zone from Dadc Canal and 23rd Strcct south to Government Cut. (2) One general contractor. (3) Three mcmbcrs from different private lenders with offices located in the city. The finance director or his or her designee and the city manager or his or her designee shall serve as nonvoting, ex officio members. A member of the community development advisory committee (CDAC) shall be designated to serve as a nonvoting, ex officio member of the LRC, in order to facilitate communications between the LRC and CDAC. DIVISION 13. PARKS AND RECREATIONAL FACILITIES BOARD Sec. 2-171. Established; purpose; composition. * * * (d) Composition. The parks and recreational facilities board shall be comprised of 44 10 members: (1) Seven direct appointments, one made by the mayor and each commissioner. _ o geographical, representing South Beach, Middle Beach and North Beach. (2)ei The chairpersons of the following boards/committees or their designees shall serve as nonvoting, ex officio members of the parks and recreational facilities board: a. The beautification committee. b. The golf advisory committee. c. The youth center advisory board. * * * DIVISION 14. SAFETY COMMITTEE Sec. 2-176. Established; purpose; powers and duties; composition. * * * 6 (d) Composition. The committee shall be composed of 1-1- 14 members who shall be (1-j Seven direct appointments,ene two appointments shall be made by the mayor and each commissioner. (2) Four at-large appointments by the commission. These appointees must represent DIVISION 16. YOUTH CENTER ADVISORY BOARD Sec. 2-186. Established; purpose; powers and duties; composition. * * * (d) Composition. The board shall consist of 10 members,nine seven of whom shall be voting members as follows: (-4j Seven individual appointments who must have an affiliation with the Scott Rakow Youth Center,either through past service on the committee or present participation in youth center activities by their children. (2) Two at-large appointments. Two student resident users of the facility shall serve as nonvoting, ex officio members. One of these student users must attend a middle school and the other must attend a high school. The director of the office of children's affairs shall serve as a nonvoting, ex officio member. The chairperson of the youth center advisory board or his designee shall serve as a nonvoting, ex officio member of the recreational centers and parks facilities board, to be renamed the "parks and recreational facilities board." * * * DIVISION 18. COMMUNITY RELATIONS BOARD * * * Sec. 2-190.14. Composition. There shall be 13 members of the board, 7 of whom shall be voting members: (1) Seven direct appointments, with the mayor and each city commissioner appointing a member. 7 (2) Four mcmbcrs to be appointcd at-largc. f3) Tc rcmai ing+Four positions shall .- : :::'- : : . - - • -. •--': - . ;.- shall .-shall serve as nonvoting, ex officio members, and shall be the chairperson or designees of the following: a. Commission on the status of women. b. Committee on the homeless. c. Hispanic affairs committee. d. Police/citizen relations committee. tThe police depart chief or his or her designee,shall serve as a nonvoting, ex officio member of the board. The director of the bureau of children's affairs shall serve as a nonvoting, ex officio member. The composition of the board shall be reviewed every two years. (Ord. No. 97-3086, § 2.6, 7-2-97) DIVISION 19. HISPANIC AFFAIRS COMMITTEE * * * Sec. 2-190.24. Composition. The committee shall consist of nine seven members,with the mayor and each commissioner making one appointment, -. - - : : : :::' . . :-. The chairperson of the Hispanic affairs committee or his designee shall serve as a nonvoting, ex officio member of the community relations board. (Ord. No. 97-3086, § 2.12, 7-2-97) * * * DIVISION 20. POLICE/CITIZEN RELATIONS COMMITTEE * * * Sec. 2-190.39. Composition. The committee shall consist of 1-417 members,4-1- 14 of whom shall be voting members. The voting members shall be direct appointments,with the mayor and city commissioners, each making 8 one two individual appointments;_ ; - : ::: - . : :::' - - : ; .: - : . . :': • • • : - of the entire commission. One nonvoting ex officio member shall be from the nonadministrative personnel of the police department selected by a majority vote of the nonadministrative personnel. Two additional nonvoting ex officio members shall be the police chief(or a designee) and the city attorney(or a designee). The chairperson of the committee or his designee shall serve as a nonvoting, ex officio member of the community relations board. The police/citizen relations committee shall be assigned to the police department. (Ord. No. 97-3086, § 2.19, 7-2-97) DIVISION 21. MARINE AUTHORITY * * * Sec. 2-190.48. Membership. (a) Composition. The marine authority shall consist of sit seven members, five voting members who shall be direct appointedments by the mayor and city commissioners at-large, and one nonvoting, ex officio member of the authority, who shall be a representative of the city marine patrol. (b) Knowledge and experience. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities, including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. (Ord. No. 97-3086, §§ 2.15.4, 2.15.5, 7-2-97) * * * DIVISION 24. CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE * * * Sec. 2-190.83. Composition. (a) Composition. The capital projects oversight committee shall consist of seven voting members to be direct appointedments by the mayor and city commissioners at-large,to include at least: (1) One civil engineer; (2) One general contractor; 9 (3) Onc accountant; and (4) Onc attorney. The city commission may appoint, by a majority vote, nonvoting, ex officio members to assist the committee in fulfilling its defined purposes. (b) Qualifications. The city affiliation requirement for membership shall be fulfilled in either of the following ways: (1) An individual has been a resident of the city for a minimum of two years six months. (2) An individual can demonstrate ownership/interest for a minimum of twe-years six months in a business established in the city for a minimum of dao-years six months. Exception to subsections(b)(1)and(b)(2)above,shall be permitted if the committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may comply with the terms of subsections (b)(b) and/or(b)(2) above. Each member shall be of outstanding reputation of integrity,responsibility and commitment to serving the community. Before assuming the duties of office, each voting member on the committee shall take the prescribed oath of office. Members of the committee shall serve without compensation. (c) Appointment and term of members;filling vacancies. The members of the committee shall be direct appointed at-large by the mayor and city commissioners. The initial appointment of members shall be for a term beginning on the date of their appointment and ending at the conclusion of the existing members' terms. All members shall be subsequently appointed for a term of two years and such terms shall run on a staggered basis. No two members shall be connected or have any financial ties with the same business entity. Vacancies shall be filed for the unexpired period in the same manner as the original appointment for which the vacancy exists. Members shall serve until the expiration of their terms or until successors are appointed. Nonvoting, ex officio members shall be appointed by a majority vote of the city commission. Nonvoting,ex officio members may be appointed for a term not to exceed the term of the committee members. (d) Removal of members. (1) By vote of commission. The voting members shall serve at the pleasure of the city commission. Any member of the committee may be removed from office by a four sevenths vote of the city commission. Nonvoting, ex officio members shall serve at the pleasure of the city commission. Any nonvoting , ex officio member of the committee may be removed from office by a majority vote of the city commission. 10 DIVISION 26. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE • Sec. 2-190.109. Composition. The community development advisory committee shall be composed of 14 appointed members. Scvc members L_ The mayor and city commissioners shall each make two direct appointments, - - -- - - - : '- - - = (Ord. No. 97-3086, § 2.5, 7-2-97) Sec. 2-190.110. City affiliation. (a) The seven fourteen direct appointees shall fulfill the city affiliation requirement in either of the following ways: (1) An individual has been a resident of a locally designated community development target area for a minimum of two-years six months. (2) An individual can demonstrate ownership/interest for a minimum of two-years months in a business established in a locally designated community development target area for a minimum of two-years six months. The four at-largo appointccs shall fulfill the city affiliation rcquircmcnt in cithcr of the (1) An individual has been a resident of the city for a minimum of two years. (Ord. No. 97-3086, § 2.5, 7-2-97) Sec. 2-190.111. Knowledge and experience. The at-large members shall be appointed to represent citywide concerns, and should be selected on the basis of their ability to provide expertise in areas of relevance to the community development program,e.g.,planning,law,real estate, social work,etc. However,no CDAC member may submit an application for any CDBG, HOME, ESGP, or section 108 loan guarantee funded assistance on any property or business that they own or retain an interest in. In making their appointments,the commission should also take into consideration the need for representation of low and moderate income persons, minority citizens and residents of slum and blighted areas. 11 (Ord. No. 97-3086, § 2.5, 7-2-97) SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. 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 4. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3rd day of June 2000, except that those provisions which reduce the:-nucaber of members on a committee or bo• d shall take effect on January l 2091. PASSED and ADOPTED this 24th day of May , 2000. MAYOR ATTEST: 1?-16) (Y C APPROVED AS TO CITY CLERK FORM & LANGUAGE 1st reading 5/10/00 & FOR EXECUTION 2nd reading 5/24/00 DJT\bfg F:\ATTO\TURN\ORDINANC\BOARDCM3.EXC 6/2/00 /Zit. 6/.( {/(/ ' ;'. , tMmey 12 OFFICE OF THE CITY ATTORNEY 4 0.6"csAwil Weed F L O R I D A r�Pr f'�s MURRAY H. DUBBIN ��' 4� `�,h Telephone: (305) 673-7470 • City Attorney "�" Telecopy: (305) 673-7002 COMMISSION MEMORANDUM NO. I—2 1—o O TO: Mayor Neisen O. Kasdin and DATE: May 24,2000 Members of the City Commission FROM: Murray H. Dubbin City Attorney ANI�, SECOND READING/PUBLIC HEARING SUBJECT: ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE PROVIDING FOR DIRECT APPOINTMENTS, DELETING AT-LARGE APPOINTMENTS, AND AMENDING ALL LANGUAGE AND CATEGORIES OF MEMBERSHIP RELATIVE THERETO, WITH RESPECT TO CERTAIN BOARDS AND COMMITTEES. Pursuant to the request of Vice Mayor David Dermer, the above referenced Ordinance is submitted for consideration by the Mayor and City Commission. This Ordinance is proposed in order to provide greater efficiency in the selection and operation of certain boards and committees in the City by providing for direct, instead of at-large, appointments by the Mayor and City Commissioners. Some minor revisions have been made since first reading to Sections 2-41(2),2-71, 2-190.83(b)(2), and 2-190.110(2). Also,the effective date language has been modified to allow for the number of board and committee members to be expanded within 10 days of the Ordinance's adoption, but not reduced until January 1, 2001 when membership terms will be subject to reappointment.This Ordinance will apply to the following boards and committees which did not already provide for the direct appointment of regular members: Barrier Free Environment Committee Beautification Committee Budget Advisory Committee Convention Center Advisory Board Cultural Arts Council Production Industry Council Golf Advisory Committee - Loan Review Committee e...5- Parks and Recreational Facilities Board Agenda Item - Safety Committee Youth Center Advisory Board Date — '4- 1700 Convention Center Drive-- Fourth Floor-- Miami Community Relations Board Hispanic Affairs Committee - Police/Citizen Relations Committee Marine Authority Convention Center Capital Projects Oversight Committee Community Development Advisory Committee (This Ordinance was deferred on Second Reading from the May 10, 2000 City Commission meeting). cc: Lawrence A. Levy City Manager F:\ATTO\TURN\COMMMEMO\BOARDCM3.EXC OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ›, -0 -o k2 o 2 " m / • G • $ / 2 % © / a o • § 2 / .\ k 0 I m < 0 U / U « � 4 / _ .§ � .§ ' - o © o ? q % J p ] o - m d m 7 Au D .§ o . ./ ./ « / % U ,0 .§ ] .& S o 0 9 o m « t � k J / C d