R5A-Commission Committee Draft Minutes - Approval -Tobin-OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: s of the City Commission
FROM: Jose Smith, City Attor e
CC:
DATE:
SUBJECT:
Jorge Gonzalez, City
December 14, 2011
SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DELETING SECTION 2-27 OF THE
MIAMI BEACH CODE, ENTITLED "COMMISSION COMMITTTEE
DRAFT MINUTES-CITY COMMISSION APPROVAL;" CREATING A
NEW SECTION 2-13 OF THE CITY CODE, ENTITLED "COMMISSION
COMMITTEE DRAFT MINUTES-CITY COMMISSION APPROVAL;"
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
[Sponsored by Commissioner Ed Tobin]
At the July 1, 2011 City Commission Meeting, a discussion was had regarding City Code
Section 2-27, entitled "Commission committee draft minutes-City commission approval."
Commissioner Tobin raised the issue that the intent behind the creation of the aforestated Code
section was so that the mere acceptance of Commission Committee minutes at a subsequent
City Commission Meeting did not constitute binding directive of the City Commission as to any
requested action(s) to be taken and referenced in such minutes, UNLESS otherwise specifically
authorized and directed by the City Commission.
In order to effectuate the intent of the Code section, the Administration had instituted a policy of
separating Commission Committee minute items which sought or required approval--in order for
action to be taken thereon--by "belding" such items within the Committee report, and placing
them under the heading entitled, "Action."
Following discussion at the July 1, 2011 Meeting, Commissioner Tobin made a motion, which
passed, stating that instead of "belding" action required on Commission Committee reports (to
indicate further administrative action is required on a matter discussed at Committee), in the
future, a separate item be placed on the City Commission Meeting agenda, and that the
referenced action requested to be taken be passed by either a Resolution or motion approved
by a majority of the Commission.
Accordingly, the City Attorney's Office has prepared the attached corresponding amendment to
City Code Section 2-27, reflection the City Commission's directive.
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ORDINANCE NO.----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DELETING SECTION 2-27 OF THE MIAMI BEACH
CODE, ENTITLED "COMMISSION COMMITTTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL;" CREATING A NEW SECTION 2-13 OF THE CITY
CODE, ENTITLED "COMMISSION COMMITTEE DRAFT MINUTES-CITY
COMMISSION APPROVAL;" PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1: That Chapter 2, Article Ill, Division 1, Section 2-27, entitled "Commission
committee draft minutes-City commission approval," is hereby deleted in its entirety, and
replaced with a new section, to be located in Article II, Section 2-13 of the City Code, and
entitled "Commission committee draft minutes-City commission approval," to read as follows:
ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES
****
DIVISION 1. GENERALLY
****
Sec. 2 27. Commission committee draft minutes City commission appro•.-al.
(a) Procedure. Draft minutes from meetings of each city commission committee shall be
placed on the city commission agenda following each such committee meeting for the
purpose of city commission revie•N and approval. The draft minutes are subject to
correction, amendment, and approval by the city commission, 'Nith any corrections or
amendments to be reflected in those minutes. Once the draft minutes from the
commission committee meeting have been approved by the city commission, the "draft"
notation shall be removed and the minutes shall be considered final.
(b) Effect. In general, approval of the minutes do not constitute the city commission's
substantive approval of actions taken at said commission committees, but shall serve
only to allo•N the minutes to assume their essential status as the official record of the
proceedings of the commission committee. Ho•.vever, those portions of minutes
addressing a commission committee's request for city administration action, which are
ministerial and would not require a city resolution or ordinance, or otherwise invoke public
hearing thereon, may be self effectuating upon the city commission's appro•.'al of said
minutes. Such requested city administrative action shall be clearly identified within the
particular committee minutes. Additionally, each city commission agenda shall contain
language informing the public of the potential binding effect of specifically noted
commission committee action.
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ARTICLE II. CITY COMMISSION
****
Sec. 2-13. Commission committee draft minutes-City commission approval.
@}. Procedure. Draft minutes from meetings of each city commission committee shall be
placed on a subsequent city commission agenda for the purpose of city commission
review and approval. The draft minutes are subject to correction. amendment. and
approval by the city commission. with any corrections or amendments to be reflected in
those minutes. Once the draft minutes from the commission committee meeting have
been approved by the city commission. the "draft" notation shall be removed and the
minutes shall be considered final.
.{Ql Effect. In general. approval of the minutes do not constitute the city commission's
substantive approval of actions taken at said commission committees. but shall serve
only to allow the minutes to assume their essential status as the official record of the
proceedings of the commission committee. However. those portions of minutes
addressing a commission committee's request for city administration action. shall only be
effectuated when a corresponding item for such requested city administration action is
placed on a city commission agenda. and approved pursuant to resolution or motion
passed by a majority vote of the members present.
SECTION 2. 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 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the ____ day of _______ , 2011, which is ten
(10) days after adoption.
PASSED and ADOPTED this _____ day of-------' 2011.
Mayor
ATTEST:
City Clerk
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
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APPROVED AS TO
FORM & LANGUAGE
& fOtil. EXECUTION
Y-
12NE I THURSDAY, NOVEMBER 24, 2011 NE
~ /V\IAMI BEACH
CITY OF MIAMI BEACH.
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be
held by the Mayor and City Commission of the City of Miami ·Beach, Florida, in
the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida; on WEDNESDAY, December 14, 2011 to consider the
following:
10:15 a.m.
Oq!inance Deleting Section 2-27 ·of The Miami Beach Code, Entitled
"Commission Committee Draft Minutes -City Commission Approva[;" Creating
A New Section 2-13 Of The City Code, Entitled "Commission Committee Draft
Minutes -City Commission Approval. -
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:20a.m.
Ordinance Amending Chapter 2. Article Ill, Division 26, qecti{lns 2-_190.1 07 And
2-190.110 OfThE! City Code, Establishing The t:;ity's Community Development
Advisory Committee, To Amend The City· Affiliation Requirements For
Membership On The Community Development 'Advisory Committee. .
Inquiries may be directed to the Real Estate, Housing &Community Development
at (305) 673-7260 -
10:25a.m.
:Xdinance Amending Procedures To Provide Local Preference To Miami
Beach-Based Vendors In The Award Of Contracts For Goods And ·General
Services, By Amending Chapter 2 Of The Code Of The City Of Miami
Beach Entitled, "Administration," By Amending Article VI Thereof Entitled,
"Procurement," By Amentling Division 3 Entitled, "Contract Procedures," By
Amending Section 2-372 Thereof.
Inquiries may be directed to the Procurement Division at (305) 673"7490.
10:25a.m.
Ordinance Implementing Procedures To Provide A Vendor Preference In
The Award Of Contracts For Goods And Contractual Services, To Florida
Sman Businesses Owned' And Controlled By Veterans And To State--certified
Service-Disabled Veteran Business Enterprises By Amending Chapter 2 Of
The Code Of The City Of Miami Beach Entitled, "Administration," By Amending
Article Vi Thereof Entitled, "Procurement," By Amending Division 3 Entitled,
"Contract Procednres," By Creating Section 2-374.
Inquiries may be. directed to the Procurement Division at (305) 673-7 490.
LW.ERESTED PARTIES are invited. to appear at this meeting, or be represented
by an agent, or to express their views in writing addressed to the City
Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City
Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office, 1700
Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional legal
notice would not be provided.
· Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.01 05, Fla. Stat, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which
record. includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, -nor does it
authorize challenges or appeals not otherwise allowed by law. -
To request this material in accessible format, sign language interpreters,
information on access for person:; with disabilities, and/or any accommodation
to review any document or participate in any city-sponsored proceeding, please
contact (305) 604-2489 (voice), (305)673-7218(TIY) five days in advance to ~late_your request. TIY users may also call 711 (Florida Relay Service).
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