RESOLUTION 91-20283 RESOLUTION NO. 91-20283
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING AND
RESTATING THE COMMUNITY DEVELOPMENT CITIZEN
PARTICIPATION PLAN: PROVIDING FOR VARIOUS
CHANGES IN ACCORDANCE WITH THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED,
AS WELL AS FOR CLARIFICATION PURPOSES.
WHEREAS, the City of Miami Beach Commission adopted the
existing Community Development Citizen Participation Plan on July
19, 1978 via Resolution no. 78-15672 ; and was subsequently amended
on September 21, 1983 via Resolution No. 83-17475, and on March 16,
1988 via Resolution No. 88-19190, and
WHEREAS, the City, deems it necessary to amend and clarify
certain portions of the Citizen Participation Plan and ensure
compliance with changes, and/or clarifications of certain Federal ,
State, and Local laws and regulations, and
WHEREAS, the Community Development Block Grant Regulations do
not prohibit an amendment of the Citizen Participation Plan, and
WHEREAS, the Community Development Advisory Committee (CDAC)
unanimously endorsed the revisions to this Citizen Participation
Plan at their meeting of April 23 , 1991;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the amended and restated Citizen
Participation Plan (attached hereto and made a part hereof by
reference) is hereby approved and adopted.
PASSED AND ADOPTED this 8th day of May , 1991.
MAYO?
Attest:
FORM APPROVED
LEGAL DEPT.
. c-
By
CITY CLERK
Date l
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II. Availability and Dissemination of Program Records and
Information (Continued)
4
The City of Miami Beach will provide for full and timely
disclosure of its program records and information
consistent with applicable FEDERAL, state and local laws
regarding personal privacy and obligations of confiden-
tiality. Documents relevant to the program will be made
e
available for citizen review upon request at the Cityof
Miami Beach CommunityDevelopment
p ent office, during normal
working hours. Copies of the "Citizen Participation Plan" ,
"Final Statement of Objectives and Projected Use of Funds"
and the "Grantee Performance Report" , shall be available
for CITIZEN REVIEW OR distribution at the Cityof Miami
Development office upon request.
Community
As determined necessary by the administration, certain
program records and notices may be published in a Spanish
language newspaper of general circulation.
A summary of the "Proposed Statement of Objectives es and
Projected Use of Funds" will be published at an appropriate
er general
time in a newspaper of
P p circulation. THE CITY MAY
ALSO, AS IT DETERMINES NECESSARY, PUBLISH THE "FINAL
STATEMENT OF OBJECTIVES AND PROJECTED USE OF_FUNDS" ; BUT IN
ANY CASE, SUCH DOCUMENT WILL BE AVAILABLE FOR REVIEW BY THE
PUBLIC.
III. General Citizen Participation Process
A. Participation
All aspects of the citizen participation process shall
be conducted in an open manner, with freedom of access
for all interested persons. Citizens will be provided
with timelyaccess to
local meetings, CDBG program
information, and records relating to the grantee ' s
proposed and actual use of funds, as required by the
Housing and Community Development Act.
I
Citizens will be actively involved in thelannin
and assessment of the CDBG projects g'
p �ects and activities in
an advisory capacity.
{
Amended & restated: 5/8/91
III. General Citizen Participation Process (Continued)
1. Citizens shall be involved in the development of
the Annual "Statement of Objectives and Projected
Use of Funds" . Public involvement shall also be
sought for subsequent amendments and other
changes to the above IN ACCORDANCE WITH HUD RULES
AND REGULATIONS, AND THE CITY 'S DEFINITION OF
WHAT CONSTITUTES A "SUBSTANTIAL CHANGE" , except
those involving disaster activities, of an
emergency nature.
2 . Participation in program implementation will
include involvement in an advisory capacity in
policy decisions. Day-to-day operational aspects
or decisions, shall not be within the Community
Development Advisory Committee' s (CDAC) or the
general citizen's purview.
3 . Citizens and citizen organizations shall be given
the opportunity to assess and submit comments on
all aspects of the City of Miami Beach Community
Development program performance, including that
of its grantees/SUB-RECIPIENTS or contractors.
Citizens may submit their comments directly to
the City of Miami Beach Community Development
office, or at Community Development Advisory
Committee public meetings and/or hearings.
The above procedure is in no way intended to
prevent individual citizens from taking other
appropriate actions and/or directing their
concerns and complaints, suggestions, etc. ,
directly to the City Manager or City Commission.
B. Submission of Views and Proposals
The City of Miami Beach shall provide for and
encourage the submission of views and proposals
regarding the Community Development program by
citizens, particularly those of low-and-moderate
income persons, residents of blighted neighborhoods,
and of areas in which Community Development Block
Grant funds are proposed to be used. Such views may
be submitted as follows: to the City of Miami Beach
Community Development office during the planning
period, or at public meetings and public hearings;
3 Amended & restated: 5/8/91
ti
III. General Citizen Participation Process (Continued)
HOWEVER, FORMAL PROPOSALS (RFP'S) WILL ONLY BE
ACCEPTED DURING THE DESIGNATED ANNUAL PLANNING PHASE
SCHEDULE. THIS DOES NOT PRECLUDE CDAC RECOMMENDED
ACTIVITIES DURING THE PLANNING PHASE, HOWEVER, SUCH
WILL BE SUBJECT TO THE SAME LEVEL OF REVIEW AS ALL
RFP' S . IN THE EVENT THAT FUNDS ARE RECAPTURED AND/OR
BECOME AVAILABLE) THE CITY ADMINISTRATION WITH CDAC
INVOLVEMENT WILL UNDERTAKE THE "FINAL STATEMENT
AMENDMENT PROCESS" CONSISTENT WITH THE FEDERAL
REGULATIONS AT 24 CFR 570. 305.
Community Development staff will provide within 15
working days when practical , responses to all
complaints, grievances, views and proposals submitted;
and, when appropriate, these responses will be in
written form. Citizen comments and proposals
regarding the "Proposed Statement of Objectives and
Projected Use of Funds" will be given consideration,
and the "Proposed Statement" will be modified if
deemed necessary.
Objections to the "Final Statement of Objectives and
Projected Use of Funds" after it has been submitted,
can be made directly to the HUD Area Office.
Information regarding this process shall be available
at the City of Miami Beach Community Development
Office.
C. Technical Assistance
The City of Miami Beach Community Development staff
shall provide reasonable technical assistance to
citizens so that they may adequately participate in
planning, implementation, and assessing the CDBG
program. Reasonable technical assistance shall also
be provided to groups of low-and-moderate income
persons and groups of residents of blighted
neighborhoods who request quest assistance in developing
proposals or statements regarding the program.
Reasonable technical assistance may include workshops
and seminars during all phases of the Community
y
Development
cycle, as well as one-on-one assistance if
deemed necessary.
4 Amended & restated: 5/8/91
IV. Community Development Advisory Committee
A. Purpose
The Community Development Advisory Committee (CDAC)
shall serve as an advisory body, REPRESENTING ALL
RESIDENTS OF MIAMI BEACH ESPECIALLY THOSE DIRECTLY
AFFECTED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, and to provide input regarding all phases of
the Community Development Program, and to effectuate
and encourage citizen participation from all
individuals, especially low and moderate income
persons and residents of Community Development target
areas. IN ORDER TO ENSURE REPRESENTATION FROM
INDIVIDUALS RESIDING IN AFFECTED CDBG TARGET AREAS,
THE ADMINISTRATION IN CONJUNCTION WITH THE CDAC, WILL
HOLD NEIGHBORHOOD MEETINGS/HEARINGS TO OBTAIN INPUT
DIRECTLY FROM THOSE AFFECTED; HOWEVER, CDAC ATTENDANCE
IS NOT MANDATORY AT THESE SPECIAL MEETINGS.
B. Committee Role
The Community Development Advisory Committee shall
serve as an advisory body to the Community Development
staff and City Commission; however, the Committee or
their officers will have no powers to make
administrative decisions nor direct staff actions.
The Committee shall facilitate community involvement
regarding Community Development activities and shall
serve as a forum to hear citizen concerns, priorities,
views and proposals.
C. Composition
The Community Development Advisory Committee shall be
composed of eleven appointed members. Seven of the
appointees are "direct appointments" and must either:
live, own a business or own property in the locally
designated Community Development target areas (see
attached maps) . The remaining four members shall be
appointed "at large" by all Commissioners. These "at
large" members shall be appointed to represent city-
wide concerns, and should be selected on the basis of
5 Amended & restated: 5/8/91
IV. Community Development Advisory Committee (Continued)
their ability to provide expertise in areas of
relevance to the Community Development Program (e.g.
planning, law, real estate, social work, etc. ) .
However, any CDAC member who owns, or has an interest
in, a property or a business in a CD Target Area, may
not submit an application for any CDBG funded
assistance program. As previously stated, no CDAC
member may submit an application for 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.
The Community Development Director OR THEIR DESIGNEE,
shall provide technical assistance to the Committee
and shall be the liaison between the Committee and the
City Administration. A City of Miami Beach employee,
an appointed or elected official directly involved
with the utilization or approval of Community
Development funds and/or expenditures shall not be
eligible for membership.
Members shall not be in conflict of interests as
outlined below. MOREOVER, NEITHER CDAC MEMBERS NOR
FIRMS WHO EMPLOY CDAC MEMBERS MAY PROVIDE CONSULTING
OR OTHER SERVICES TO SUB-RECIPIENTS.
D. Conflict of Interest
CDAC members must comply with all Federal Regulations,
SPECIFICALLY THOSE LISTED UNDER 24 CFR 570. 611, and
Florida Statutes 112 . 3143 (1989) , governing Conflicts
of Interest, as same may be amended from time to time.
E. Vacancies
Vacancies which may occur on the Committee shall be
filled by a City Commission appointment. CONSISTENT
WITH SECTION IV-C "COMPOSITION" , the seven "direct
6 Amended & restated: 5/8/91
IV. Community Development Advisory Committee (Continued)
appointments" members must either: live, own a
business or property in a designated Community
Development target area; however, the four "at large
members" can either: live, own a business or property
anywhere in the City of Miami Beach City limits. The
City Commission requirement for substantial
representation of low-and-moderate income persons,
members of minority groups, and residents of slum and
blighted areas shall be taken into consideration when
filling vacancies.
F. Officers
To provide guidance and leadership, the Community
Development Advisory Committee shall elect the
following officers:
Chairperson - The chairperson shall chair all
Committee meetings, with CD staff support, work
closelypp
.
with staff to develop meeting agendas, and
appoint all sub-committees. The chairperson shall
also represent the Committee before the entire City
Commission, and at other appropriate occasions.
First Vice-Chairperson - In the absence of the
chairperson, shall chair Committee meetings. The
first vice-chairperson may also serve as chairperson
of a sub-committee if so appointed by the chairperson.
Second Vice-Chairperson - In the absence of the
chairperson and first vice-chairperson, shall chair
Committee meetings. The second vice-chairperson may
also serve as chairperson of a sub-committee if so
appointed by the chairperson.
Corresponding Secretary - The CDAC shall appoint a
corresponding secretary, to be responsible for
preparing all relevant correspondence of the CDAC,
with copies submitted to the Community Development
Division.
These officers shall serve for one year, AND ELECTIONS
SHALL BE HELD EACH JANUARY. Officers may succeed
themselves.
7 Amended & restated: 5/8/91
IV. Community Development Advisory Committee (Continued)
G. Term of Appointment
The term of appointment shall be for two years, from
January 1st through December 31st. Committee members
may succeed themselves.
H. COMPLIANCE WITH SUNSHINE LAW REQUIREMENTS
1. ALL MEETINGS OF ANY BOARD OR COMMISSION OF A
MUNICIPAL CORPORATION AT WHICH OFFICIAL ACTS ARE
TO BE TAKEN ARE DECLARED PUBLIC MEETINGS AND OPEN
TO THE PUBLIC AT ALL TIMES, AND NO RULE,
RESOLUTION OR FORMAL ACTION SHALL BE CONSIDERED
BINDING EXCEPT AS MAY BE TAKEN AT SUCH MEETING.
2 . THE "OPEN MEETING LAW" APPLIES TO ALL BOARDS AND
COMMITTEES, WHETHER ADVISORY OR NOT. ANY MEETING
AT WHICH TWO APPOINTED OR ELECTED PUBLIC
OFFICIALS FROM ANY BOARD OR COMMITTEE DISCUSS
ITEMS ON WHICH THEY MAY FORESEEABLE HAVE TO VOTE
MUST BE PUBLIC. AD HOC ADVISORY BOARDS, BRIEFING
SESSIONS AND INFORMAL DISCUSSIONS BY A BODY ARE
INCLUDED, EVEN IF NO VOTE IS TAKEN. A PUBLIC
BODY MUST AVOID SECRET MEETINGS OR GATHERINGS
FROM WHICH THE PUBLIC AND THE PRESS ARE EXCLUDED,
SUCH AS A MEETING IMMEDIATELY PRECEDING AN
OFFICIAL MEETING EVEN THOUGH THE MEETING IS
OSTENSIBLY FOR PURELY SOCIAL PURPOSES .
3 . NO VOTES MAY BE TAKEN BY SECRET BALLOT.
4 . MINUTES MUST BE TAKEN OF EVERY MEETING.
5. SANCTIONS OR PENALTIES FOR NON-COMPLIANCE:
A. MEMBERS OF THE PUBLIC BODY MAY BE GUILTY OF
A SECOND DEGREE MISDEMEANOR WHICH CARRIES
PENALTIES OF IMPRISONMENT NOT TO EXCEED 60
DAYS AND A FINE NOT TO EXCEED $500 OR BOTH.
8 Amended & restated: 5/8/91
IV. Community Development Advisory Committee (Continued)
B. ACTIONS OF THE BODY TAKEN OUTSIDE OF A
PUBLIC MEETING MAY BE DECLARED NULL AND
VOID.
I. Regular Meetings
The Community Development Advisory Committee will hold
public meetings to discuss and provide recommendations
on the proposed use of funds by SUB-RECIPIENT
ORGANIZATIONS, and to give citizens the opportunity to
express needs and comments, and to submit proposals
for consideration by the Committee. A quorum to
conduct Committee business and hold public hearings
shall be six members. MOTIONS AND RESOLUTIONS MAY
PASS BY A SIMPLE MAJORITY VOTE. A SIMPLE MAJORITY
VOTE IS MORE THAN ONE HALF OF THE MEMBERS PRESENT AT
ANY MEETING.
Committee meetings will be held at least once every
two months or as needed, and will be coordinated with
the schedule for the preparation of the Community
Development "Statement of Objectives and Projected Use
of Funds" . A tentative schedule of the Community
Development process for the City of Miami Beach will
me made available BY THE ADMINISTRATION at the
earliest possible meeting of each calendar year. IN •
ORDER TO ENSURE REPRESENTATION FROM INDIVIDUALS
RESIDING IN AFFECTED CDBG TARGET AREAS, THE
ADMINISTRATION IN CONJUNCTION WITH THE CDAC, WILL HOLD
NEIGHBORHOOD MEETINGS/HEARINGS TO OBTAIN INPUT
DIRECTLY FROM THOSE AFFECTED; HOWEVER, CDAC ATTENDANCE •
IS NOT MANDATORY AT THESE SPECIAL MEETINGS . The
Community Development Director with input from the
CDAC Chairperson, will set the time and place of
meetings which, will be coordinated with the planning
schedule. Meetings may be held in the 2nd Floor
Conference Room of the Miami Beach City Hall, located
at 1700 Convention Center Drive, which is a facility
located in the designated Community Development
(low/mod) Target Area, and is accessible to the
handicapped.
9 Amended & restated: 5/8/91
I. Regular Meetings (Continued)
Regular meeting notices shall be provided in advance
of said meeting. In the case of a special meeting, a
notice will be made as early asp ossible in advance of
such meeting, by personal communication.
J. CDBG Planning Phase Meetings
THE CITY ADMINISTRATION WILL DETERMINE THE ANNUAL
COSTS NECESSARY TO ADMINISTER THE CDBG PROGRAM, NOT TO
EXCEED 20% OF THE ANNUAL ENTITLEMENT GRANT PLUS
PROGRAM INCOME. ALSO THE ADMINISTRATION WILL
DETERMINE THE ANNUAL FUNDING NECESSARY TO MEET THE
REQUIRED HOUSING NEEDS AND GOALS IN ACCORDANCE WITH
THE CRITERIA ESTABLISHED WITH THE U.S. DEPARTMENT OF
HUD. THE FUNDS NECESSARY MUST COMPLY WITH EITHER THE
HOUSING ASSISTANCE PLAN, COMPREHENSIVE HOMELESS
ASSISTANCE PLAN, AND/OR THE COMPREHENSIVE HOUSING
ASSISTANCE STRATEGY. THE CDAC WILL SUPPORT NO LESS
THAN THE MINIMUM FUNDING NECESSARY TO ACHIEVE THESE
GOALS. THE CDAC WILL THEN BE ASKED TO REVIEW THE
WRITTEN REQUESTS FOR PROPOSALS (RFP'S) FROM ALL
ORGANIZATIONS, IN ORDER TO RECOMMEND FUNDING LEVELS
FOR ELIGIBLE CDBG ACTIVITIES.
Meetings are normally held in the 2nd Floor Conference
Room of the Miami Beach City Hall , located at 1700
Convention Center Drive, which is a facility located
in a designated Community Development (low/mod)
Target
Area,
and is accessible to the handicapped.
A quorum to conduct Committee business and hold public
hearings shall be six members. A majority vote is
more than one half of the members present at any
meeting.
Meeting notices shall be provided in advance of said
meeting. In the case of a special meeting, a notice
will be made as early as possible in advance of such
meeting.
10 Amended & restated: 5/8/91
I. Regular Meetings (Continued)
THE CITIZENS WILL BE ADVISED OF: THE ANNUAL CDBG GRANT
AMOUNT ANTICIPATED/AVAILABLE; ESTIMATED PROGRAM INCOME
EXPECTED TO BE GENERATED/ RECEIVED; THE PROPOSED LOW/
MOD BENEFIT ONCE A "PROPOSED STATEMENT OF OBJECTIVES"
HAS BEEN DEVELOPED; PROPOSED CDBG ACTIVITIES LIKELY TO
RESULT IN DISPLACEMENT (IF ANY) AND THE TYPES AND
LEVELS OF ASSISTANCE THE GRANTEE WILL MAKE AVAILABLE
TO DISPLACED PERSONS, IF ANY. FURTHER, CITIZENS WILL
BE APPRISED OF ANY ITEMS AS SPECIFIED IN THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990, PUBLIC LAW 101-625,
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS
AMENDED, AND APPLICABLE REGULATIONS FOR THE ABOVE.
During the final stages of the annual planning process
for the allocation of CDBG funds, the CDAC will invite
the Mayor and City Commissioners to attend the final
meeting with the City Manager, so that the Commission
Members may be apprised of the CDAC 's reasons for
their citizen recommendations.
The CDAC will request of the Mayor and City
Commission, that following the annual final Public
Hearing on the "Proposed Statement of Objectives and
Projected Use of Funds" , that the Commission allow the
CDAC Chairperson or their designee, to have the
opportunity to present the majority position of the
CDAC to the City Commission before they adopt the
"Final Statement of Objectives and Projected Use of
Funds" .
K. Absences
Three successive absences to duly held or called
meetings by any member of the Committee without good
cause shall be deemed good and sufficient cause for
removal of such member from the Committee. The
removal of such member shall be automatic and requires
only a notice of such absenteeism from the Community
Development Advisory Committee Chairperson to the City
Clerk' s Office. Such removal shall create a vacancy
which shall be filled according to the manner
specified elsewhere in this plan.
11 Amended & restated: 5/8/91
V. Public Hearings
Public Hearings will be held at convenient times and
locations to facilitate broad citizen participation at
locations accessible to the handicapped and convenient to
potential or actual beneficiaries of the CDBG program. A
notice shall be published 10 days in advance of Public
Hearings in the non-legal section of a general circulation
newspaper. It shall indicate time, date, place, and
procedures of the Hearing and topics to be considered.
Public Hearing notices may also be published in a Spanish
language newspaper of general circulation, if deemed
necessary. Public Hearings will be held as follows:
A. Performance Hearing
To obtain views about the performance of the City' s
Community Development Block Grant Program and/or its
sub-grantees, for the past fiscal year.
B. Needs Hearing
To obtain views and needs of citizens at the initial
stage of the development of a "Statement of Objectives
and Projected Use of Funds" concerning community
development and housing needs, and on the
establishment of priorities.
IN ORDER TO ENSURE REPRESENTATION FROM INDIVIDUALS
RESIDING IN AFFECTED CDBG TARGET AREAS, THE
ADMINISTRATION WILL HOLD NEIGHBORHOOD MEETINGS/
HEARINGS TO OBTAIN INPUT DIRECTLY FROM THOSE AFFECTED,
AND WILL INVITE AND ENCOURAGE THE CDAC MEMBERS
ATTENDANCE; HOWEVER, CDAC ATTENDANCE IS NOT MANDATORY
AT THESE MEETINGS/HEARINGS, AND CDAC WILL NOT TAKE ANY
ACTION AT THESE MEETINGS .
C. Pre-submission Hearing
To obtain views of citizens prior to final action on
the "Proposed Statement of Objectives and Projected
Use of Funds" . This Hearing will be held during a
regularly scheduled meeting of the Miami Beach City
Commission. SUCH HEARING SHALL BE ADVERTISED IN THE
TIME FRAME AS ESTABLISHED BY THE APPLICABLE CITY
12 Amended & restated: 5/8/91
V. Public Hearings (Continued)
Public Hearings for items other than CDBG program
elements/business, shall be held separate and not co-
mingled with regular CDAC meetings.
In cases where a significant number of non-english speaking
residents can be expected to attend, reasonable
arrangements will be made to enable all persons to actively
participate.
STP/cmc
13 Amended & restated: 5/8/91
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ORIGINAL
RESOLUTION NO. 91-20283
Amending and restating the Community
Development Citizen Participation Plan:
providing for various changes in
accordance with the Housing and Community
Development Act of 1974, as amended, as
well as for clarification purposes.