R5B-Amend Ch 2 Filling Of Special Vacancies On Land Use Boards -Weithorn-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Code of Miami Beach, by amending Chapter 2, entitled "Administration,"
by amending Article Ill, entitled "Agencies, Boards and Committees," by amending Division 1, entitled
"Generally," by amending Section 2-22, entitled "General Requirements," to provide procedures for
the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board
and Historic Preservation Board; by amending Section 2-24, entitled "Termination of Office of
Agency, Board And Committee Members," to amend the exception provisions to include special
vacancies filled pursuant to Section 2-22 (21 ); and providing for repealer, severability, codification,
and an effective date.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and growth
management across the City. Process improved through information technology.
Suooorting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City Commission
Agenda was referred to the Neighborhood/Community Affairs Committee to discuss "unexpected
board vacancies requiring City Commission vote."
At the April 29, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn
explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards
authorized to make important planning and zoning decisions. In order to provide for the filling of such
unexpected vacancies in a manner that affords greater public notice and public participation in the
application process for such vacant positions, Commissioner Weithorn proposed amending the Code
to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board,
Design Review Board and Historic Preservation Board.
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 (1 0) 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. On June 5, 2013, this item was approved
unanimously on first reading by the City Commission.
The Administration recommends adopting the Ordinance.
Advisory Board Recommendation:
Upon considering Commissioner Weithorn's suggestion, the Neighborhood/Community Affairs
Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June
5, 2013 Commission Meeting addressing such unexpected vacancies. The Committee instructed that
the proposed legislation include a notice and a waiting period provision.
Financial Information:
Source of
Funds: 1
2
$782
Total $782
Amount Account
011.0210.000327
Financial Impact Summary: Assuming two such vacancies per year, the annual cost would be
$782. Therefore, the projected economic impact of this proposed Ordinance over a period of 5 years
is $3,910.
rtment Director Assistant City Manager
REG
\July 17\Board Vacancies -summary.docx
MIAMI BEACH 651
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DATE /-l1-t3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and M
FROM: Jimmy L. Morales, City Manager .. -L----w-r...-;;;:
Date: July 17, 2013 SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE
Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22, ENTITLED "GENERAL
REQUIREMENTS," TO PROVIDE PROCEDURES FOR THE FILLING OF SPECIAL
VACANCIES ON THE BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN
REVIEW BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING
SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY, BOARD AND
COMMITTEE MEMBERS," TO AMEND THE EXCEPTION PROVISIONS TO INCLUDE
SPECIAL VACANCIES FILLED PURSUANT TO SECTION 2-22(21); AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Ordinance.
BACKGROUND
At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City
Commission Agenda was referred to the Neighborhood/Community Affairs Committee to discuss
"unexpected board vacancies requiring City Commission vote."
At the April 29, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn
explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards
authorized to make important planning and zoning decisions. In order to provide for the filling of
such unexpected vacancies in a manner that affords greater public notice and public participation in
the application process for such vacant positions, Commissioner Weithorn proposed amending the
Code to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning
Board, Design Review Board and Historic Preservation Board.
Upon considering Commissioner Weithorn's suggestion, the Committee unanimously directed the
City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting
addressing such unexpected vacancies. The Committee instructed that the proposed legislation
include a notice and a waiting period provision. On June 5, 2013, this item was approved
unanimously on first reading by the City Commission.
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PROPOSED ORDINANCE
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 (1 0) 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.
• Notice Provision -After the City Clerk has been notified in writing by the board's liaison that a
special vacancy exists in any of the above-referenced boards due to resignation, termination,
removal, or death, a notice of special vacancy shall be posted in City Hall, on the City's website,
and in any other place(s) that may be designated by the City Commission by resolution. The
notice of special vacancy shall also be published once in a newspaper of general circulation in
the City.
• Waiting Period-An appointment to any of the above-referenced boards to fill a special vacancy
shall not be made for at least ten (1 0) business days after the newspaper publication of the
notice of special vacancy.
• Temporary Appointment-Notwithstanding the notice provision and the waiting period, the City
Commission may, if it finds that an emergency exists, authorize the temporary filling of a special
vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an
acting basis, but with all of the powers and duties of board membership, until a final appointment
is made.
FISCAL IMPACT
Pursuant to City Charter Section 5.02, the City is required to consider the long-term economic impact (at
least 5 years) of proposed legislative actions. The predominant economic impact of the proposed
Ordinance concerns the publication of the special vacancy notice once in a newspaper of general
circulation in the City. The current cost of a 1 /3 page horizontal advertisement ( 4 columns x 5") in the
Miami Herald Neighbors section on a Thursday is $391. Assuming two such vacancies per year, the
annual cost would be $782. Therefore, the projected economic impact of this proposed Ordinance
over a period of 5 years is $3,910.
T:IAGENDA\2013\July 17\Board Vacancies-second Reading-memo.doc
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ORDINANCE NO. --------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-
22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE
PROCEDURES FOR THE FILLING OF SPECIAL VACANCIES ON THE
BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN REVIEW
BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING
SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY,
BOARD AND COMMITTEE MEMBERS," TO AMEND THE EXCEPTION
PROVISIONS TO INCLUDE SPECIAL VACANCIES FILLED
PURSUANT TO SECTION 2-22(21); AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, from time to time, unexpected vacancies occur on certain City of Miami
Beach boards authorized to make important planning and zoning decisions in the City; and
WHEREAS, in order to provide for the filling of such unexpected vacancies in a manner
that affords greater public notice and public participation in the application process for such
vacant positions, the City Code amendments set forth herein should be adopted.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division 1 of Article Ill of Chapter 2 of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
CHAPTER2
ADMINISTRATION
* * *
ARTICLE Ill. Agencies, Boards and Committees
* * *
DIVISION 1. Generally
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Sec. 2-21. Applicability of division.
Unless where otherwise stated, this division shall have applicability to all agencies,
boards and committees of the city, including those related to the city redevelopment agency.
The provisions of this division shall apply to the following agencies, boards or committees of the
city only in those instances in which the applicable legislation or contract is silent concerning a
matter set forth within this division:
(1) Governed by federal, state or county law;
(2) Created by contract;
(3) Relate to land use issues (see City Code Subpart B);
(4) Relate to pension funds;
(5) Referred to as "commission committees" on which city commissioners serve as
members; or
(6) Exempt from certain provisions of this division.
Sec. 2-22. General requirements.
Except as otherwise specifically provided:
(1) All agencies, boards and committees shall express a statement of their bodies'
purpose.
(2) All agencies, boards and committees shall appoint a chairperson and a vice-
chairperson, or a chair shall be appointed by the mayor in cases dealing with a
mayor's board or committee.
(3) The enabling legislation for all agencies, boards and committees shall contain
qualifications for membership as to knowledge and experience.
(4) Members of agencies, boards and committees shall be affiliated with the city; this
requirement shall be fulfilled in the following ways:
a. An individual shall have been a resident of the city for a minimum of six
months; or
b. An individual shall demonstrate ownership/interest for a minimum of six
months in a business established in the city for a minimum of six months.
Exceptions to subsections (4)a. and b. of this section shall only be permitted if it
is determined by the city commission that an agency, board or committee
requires the membership of an individual with a specific position, knowledge,
experience or expertise not available in another individual who may otherwise
comply with the terms of subsections (4)a. and b. of this section.
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(5) All ad hoc agency, board and committee terms shall be one year; all other
agency, board and committee terms shall be two years, expiring on December 31
and commencing on January 1.
a. Members appointed by individual city comm1ss1oners (referred to as
"direct appointees") to a specific agency, board or committee shall serve
for no more than eight consecutive years on such agency, board or
committee.
Notwithstanding any other provision of the city Code or of any resolution,
commencing with terms beginning on or after January 1, 2007, the term
of every board member who is directly appointed by a member of the city
commission shall automatically expire upon the latter of: December 31 of
the year the appointing city commissioner leaves office or upon the
appointment/election of the successor city commission member.
b. Members appointed by the city commission as a whole (referred to as "at-
large appointees") to any agency, board or committee shall serve for no
more than six years on any agency, board or committee as an at-large
appointee. Nothing set forth in this subsection shall prohibit any individual
from being reappointed (and serving up to six years) to any at-large
position after a hiatus of two years. However, individuals serving on an
agency board or committee who will have otherwise served six years as
of December 16, 2006, may serve the remainder of their existing term.
Term limits set forth in subsections (5)a. and b. of this section shall be measured
retroactively from an individual's initial appointment to membership on an agency,
board or committee.
Exceptions to subsection (5)b. of this section shall only be permitted if it is
determined by the city commission that an agency, board or committee requires
the membership of a registered architect or registered landscape architect who
does not otherwise comply with the terms of subsection (5)b. hereinabove.
(6) An individual member can serve as a chairperson of a specific agency, board or
committee for no more than four consecutive years.
(7) All agency, board and committee terms shall be staggered upon initial
appointment by the city commission.
(8) All agencies, boards and committees shall be supported by a city department.
The supporting department shall make every effort to provide appropriate
assistance with the mailing of meeting summaries, agendas and notices.
(9) If any member of an agency, board or committee fails to attend 33 percent of the
regularly scheduled meetings per calendar year, such member shall be
automatically removed. To calculate the number of absences under the 33
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percent formula, .4 or less rounds down to the next whole number and .5 or more
rounds up to the next whole number.
(1 0) During meetings, a standard sign-in register must be completed by members of
agencies, boards or committees. If there is not a quorum to conduct agency,
board or committee business, attendance and absences must otherwise be
recorded.
(11) Attendance shall be recorded when an individual arrives within 30 minutes of the
scheduled meeting time and remains for at least 70 percent of the meeting.
(12) All agencies, boards and committees shall meet at least once quarterly, unless
otherwise indicated in this chapter.
(13) The chairperson or his designee shall biannually submit a completed written
report form, supplied by the city administration, to the city commission and city
manager. Additionally, the chairperson or his designee shall annually present an
oral report to the commission and city manager. The contents of both the report
form and the oral report shall be approved by the submitting agency, board or
committee prior to the presentations.
(14) Upon appointment, individuals shall receive an explanation of the government in
the sunshine law, public records law, conflict of interest policy, mission
statement, attendance requirements and other pertinent information.
(15) Individuals serving on an agency, board or committee as ex officio members
shall be nonvoting members.
(16) The issue of conflict of interest/abstention impairs an individual's ability to be an
effective member of an agency, board or committee. Members of any city
agency, board or committee shall abide by the applicable provisions of F.S. ch.
112; County Code chapter 2 and article VII of this chapter, and any other
applicable provisions of law, regarding conflicts of interest.
(17) Members of the community shall be encouraged to attend agency, board and
committee meetings.
(18) Members of agencies, boards and committees shall be encouraged to make
recommendations for the filling of vacancies on their respective bodies.
(19) The city manager, or the city manager's designee, shall annually prepare and
present a report to the city commission tracking and identifying the city's diversity
statistics. The report shall include the city's diversity statistics relating to
individual commissioner, agency, board and committee appointments, city
commission, agency, board and committee appointments, and city workforce
diversity statistics.
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{20) At-large appointment of agency, board and committee members to fill categories:
a. When an appointment involves the selection of individual member(s) to fill
any specified category or categories, the city commission vote(s) thereon
shall be limited to the filling of each particular membership category by
separate vote, with said votes to be taken and publicly announced in the
order of category listings as set forth within the respective enabling
legislation. Individuals seeking such appointments may qualify for more
than one category.
b. Notwithstanding the above, with regard to the City of Miami Beach Visitor
and Convention Authority, any vacancy remaining after city commission
appointments under the established categories may be filled by
applicants from either or both (combined) the "hotel industry" category or
"community at large" category.
@ Filling special vacancies on certain boards.
~ Whenever a vacancy occurs on the Board of Adjustment, Planning Board,
Design Review Board. or Historic Preservation Board prior to the end of a
member's term of office due to resignation. termination. removal, or
death. a special vacancy exists and said member shall cease to hold
office immediately upon such resignation, termination, removal, or death.
After the City Clerk has been notified in writing by the board's liaison that
a special vacancy exists, a notice of special vacancy shall be posted in
City Hall, on the City's website. and in any other place(s) that may be
designated by the City Commission by resolution. The notice of special
vacancy shall also be published once in a newspaper of general
circulation in the City. An appointment to any of the above-referenced
boards to fill a special vacancy shall not be made for at least ten (10)
business days after the newspaper publication of the notice of special
vacancy.
Q., Notwithstanding subsection (21)(a). the City Commission may, if it finds
that an emergency exists, authorize the temporarv filling of a special
vacancy by resolution. A person appointed to fill the special vacancy
shall serve only on an acting basis, but with all of the powers and duties
of board membership, until a final appointment is made.
* * *
Sec. 2-24. Termination of office of agency, board and committee members; exceptions;
notification of vacancies.
(a) Expiration of terms. All persons serving on city agencies, boards or committees
shall cease to hold office when a successor is duly appointed, or 60 days after
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expiration of the term of their office, as such term is specified in the ordinance,
resolution or other law creating such office, whether or not a successor has been
appointed, whichever occurs first, and such persons shall at that time cease to
exercise any rights, power or prerogatives of office.
(b) Exceptions.
(1) This section shall not apply to persons appointed to serve for a specified
term "and until a successor is appointed," or words to that effect; such
persons shall continue to serve until reappointed or a successor is
appointed by the city commission.
(2) This section shall not apply to any agency, board, committee, commission
or authority governed by federal, state or county law.
Q} This section shall not apply to special vacancies filled pursuant to
subsection 2-22(21 ).
(c) Notification of vacancies. The city manager shall give advance notice to the city
commission, by notification in the agenda, of any and all future vacancies
affected by this section.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. 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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
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659
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of---------' 2013.
PASSED and ADOPTED this day of---------' 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions
strike through denotes deletions
MATTI HERRERA BOWER
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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