97-3086 ORD
ORDINANCE NO.
97-3086
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO
GOVERNMENTAL ORGANIZATION, AMENDING THE MIAMI BEACH
CITY CODE SO AS TO CREATE A NEW CHAPTER ENTITLED
"AGENCIES, BOARDS, AND COMMITTEES"; CREATING SECTION 2.1
EST ABLISHING THE BARRIER-FREE ENVIRONMENT COMMITTEE;
CREATING SECTION 2.2 ESTABLISHING THE BEAUTIFICATION
COMMITTEE; CREATING SECTION 2.3 ESTABLISHING THE BUDGET
ADVISORY COMMITTEE; CREATING SECTION 2.4 ESTABLISHING
THE MIAMI BEACH COMMISSION ON THE STATUS OF WOMEN;
CREATING SECTION 2.5 ESTABLISHING THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; CREATING SECTION 2.6
ESTABLISHING THE COMMUNITY RELATIONS BOARD; CREATING
SECTION 2. 7 ESTABLISHING THE CONVENTION CENTER ADVISORY
BOARD; CREATING SECTION 2.8 ESTABLISIDNG THE FASHION, FILM,
TELEVISION AND RECORDING COMMITTEE; CREATING SECTION 2.9
ESTABLISHING THE GOLF ADVISORY COMMITTEE; CREATING
SECTION 2.10 ESTABLISHING THE HEALTH ADVISORY COMMITTEE;
CREATING SECTION 2.11 ESTABLISHING THE HEAL TH FACILITIES
AUTHORITY; CREATING SECTION 2.12 ESTABLISHING THE HISPANIC
AFFAIRS COMMITTEE; CREATING SECTION 2.13 ESTABLISHING THE
COMMITTEE ON THE HOMELESS; CREA TING SECTION 2.14
ESTABLISHING THE LOAN REVIEW COMMITTEE; CREA TING
SECTION 2.15 ESTABLISHING THE MARINE AUTHORITY ; CREATING
SECTION 2.16 ESTABLISHING THE NUISANCE ABATEMENT BOARD;
CREATING SECTION 2.17 ESTABLISHING THE PARKS AND
RECREATIONAL FACILITIES BOARD; CREATING SECTION 2.18
ESTABLISHING THE PERSONNEL BOARD; CREATING SECTION 2.19
ESTABLISHING THE POLICE/CITIZEN RELATIONS COMMITTEE;
CREATING SECTION 2.20 ESTABLISHING THE SAFETY
COMMITTEE; CREATING SECTION 2.21 ESTABLISHING THE CITY
OF MIAMI BEACH, FLORIDA SISTER CITIES PROGRAM; CREATING
SECTION 2.22 ESTABLISHING THE TOURIST AND CONVENTION
CENTER EXPANSION AUTHORITY; CREATING SECTION 2.23
EST ABLISHING THE TRANSPORTATION AND PARKING
COMMITTEE; CREATING SECTION 2.24 ESTABLISHING THE YOUTH
CENTER ADVISORY BOARD; ESTABLISHING SAID BODIES, SETTING
FORTH GOVERNING REGULATIONS APPLICABLE TO AGENCIES,
BOARDS, AND COMMITTEES, ESTABLISHING RELEVANT
LEGISLATIVE AMENDMENTS, INCLUDING REPEALER (WHERE
APPROPRIATE), PROVIDING FOR CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
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 be amended to include a chapter entitled "Agencies,
Board, and Committees", said chapter to read as follows:
AGENCIES, BOARDS AND COMMITTEES
CHAPTER:
Table of Contents
I. GENERAL PROVISIONS
Sec. 1.1
Applicability
Sec. 1.2
General Requirements
Sec. 1.3
Miscellaneous Regulations
Sec. 1.3.1
Servin&: on More Than One A&:ency. Board or
Commission Prohibited
Sec. 1.3.2
A&:ency. Board and Commission members -
Termination of Office
Sec. 1.3.3
Prohibiting service on city boards by certain
persons or employees
Representative appearance before a&:ency. board
or commission by former member prohibited for
Sec. 1.3.4
one year
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II. AGENCIES, BOARDS AND COMMITTEES
Sec. No.
2.1 Barrier-Free Environment Committee
2.2 Beautification Committee
2.3 Budget Advisory Committee
2.4 Miami Beach Commission On The Status Of Women
2.5 Community Development Advisory Committee
2.6 Community Relations Board
2.7 Convention Center Advisory Board
2.8 Fashion, Film, Television and Recording Committee
2.9 Golf Advisory Committee
2.10 Health Advisory Committee
2.11 Health Facilities Authority
2.12 Hispanic Affairs Committee
2.13 Committee On The Homeless
2.14 Loan Review Committee
2.15 Marine Authority
2.16 Nuisance Abatement Board
2.17 Parks and Recreational Facilities Board
2.18 Personnel Board
2.19 Police/Citizen Relations Committee
2.20 Safety Committee
2.21 City of Miami Beach, Florida Sister Cities Program
2.22 Tourist and Convention Center Expansion Authority
2.23 Transportation and Parking Committee
2.24 Youth Center Advisory Board
* * *
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I. GENERAL PROVISIONS
~1.1 Applicability
Unless where otherwise stated within this Ordinance, this Chapter shall have applicability
to all agencies, boards and committees of the City of Miami Beach (including those related to the
Miami Beach Redevelopment Agency) exeel't for those ageneies, hoards or eommittees vv'hieh ftfe:~
the provisions in Article I of this Ordinance shall apply to the following agencies. boards or
committees only in those instances in which the applicable legislation or contract are silent
concerning a matter set forth within said Article I:
- governed by federal, state or county law;
- created by contract;
- relate to land use issues; I
- relate to pension funds;
- referred to as "Commission Committees" (on which City Commissioners serve as
members); or
- exempt from certain provisions of this Chapter as set forth herein.
~1.2. General Requirements
Except as otherwise specifically provided:
a) All agencies, boards and committees shall express a statement of their bodies'
purpose.
b) All agencies, boards and committees shall appoint a chairperson and a vice-
chairperson (or chair shall be appointed by Mayor in cases dealing with a "Mayor's
Board or Committee).
c) The enabling legislation for all agencies, boards and committees shall contain
qualifications for membership as to knowledge, and experience.
d) Members of agencies, boards and committees shall be affiliated with the City of
Miami Beach; this requirement shall be fulfilled in the following ways:
I) an individual shall have been a resident of Miami Beach for a minimum of
two (2) years; or
2) an individual shall demonstrate ownership/interest for a minimum of two (2)
years in a business established on Miami Beach for a minimum of two (2)
years.
I See, City of Miami Beach Zoning Ordinance.
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Exceptions to d(1) and d(2) shall only be permitted if it is determined by the Miami
Beach 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 d(1)
and/or d(2).
e) All "Ad Hoc" agency, board and committee terms shall be one year; all other
agency, board and committee terms shall be two (2) years, expiring on December 31
and commencing on January 1.
1) Members appointed by individual City Commissioners (hereinafter "direct
appointees") to a specific agency, board or committee shall serve for no more
than eight (8) consecutive years on said agency, board or committee.
2) Members appointed by the City Commission as a whole (hereinafter "at-large
appointees") to a specific agency, board or committee shall serve for no more
than six (6) consecutive years on said agency, board or committee.
Term limits set forth in subsections (I) and (2) hereinabove shall be measured retroactively
from an individual's initial appointment to membership on a specific agency, board, or
committee.
f) An individual member can serve as a chairperson of a specific agency, board or
committee for no more than four (4) consecutive years.
g) All agency, board and committee terms shall be staggered upon initial appointment
by the City Commission.
h) 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.
i) In the event that any member of an agency, board or committee fails to attend three
(3) regularly scheduled meetings per year or 25% per year of the scheduled meetings,
whichever is greater, said member shall be automatically removed.
j) 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.
k) Attendance shall be recorded when an individual arrives within thirty (30) minutes
of the scheduled meeting time and remains for at least 70% of the meeting.
1) All agencies, boards and committees shall meet at least once quarterly, unless
otherwise indicated in this Chapter.
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m) The chairperson or his/her designee shall bi-annually submit a completed written
report form (supplied by the City Administration) to the City Commission and City
Manager. Additionally, the chairperson or his/her 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.
n) Upon appointment, individuals shall receive an explanation ofthe Government in the
Sunshine Law, public records law, conflict of interest policy, mission statement,
attendance requirements, and other pertinent information.
0) Adtninigtrative pers61md Individuals serving on an agency board or committee-sftttH
serve as lion votilig ex-officio members shall be non-voting members.
p) 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 Florida Statutes,
Chapter 112; Metropolitan Dade County Code Chapter 2, and Code of City of Miami
Beach Chapter 2, Article III, thereof, and any other applicable provisions of law,
regarding conflicts of interest.
q) Members of the community shall be encouraged to attend agency, board and
committee meetings.
r) Members of agencies, boards and committees shall be encouraged to make
recommendations for the filling of vacancies on their respective bodies.
~1.3 Miscellaneous Regulations.
~1.3.1 Serving on More Than One Agency. Board or Committee Prohibited.
No person shall be appointed or elected to, or serve on, more than one agency, board or
committee of the City whether such agency, board or commission is now existing or hereafter
created or constituted under the State Constitution, act of legislature, the Charter of the City, or any
ordinance or resolution of the City Commission. Any person hereafter appointed or elected to and
accepting appointment or election to more than one agency, board or committee, whether appointive
or elective, shall be deemed to have forfeited forthwith all appointment or election to any and all
prior agencies, boards or committees in which he shall have been a member.
This Section shall not apply to City employees who are appointed or elected to City agencies,
boards or committees which pertain to City personnel or City pension funds, nor shall this section
prohibit a City agency, board or committee member from serving on another City agency, board or
committee when such service by persons holding a particular board membership is required by law
or by contract, nor shall this section prohibit a person from serving on more than one agency, board
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or committee when such other membership(s) is on an agency, board or committee designated as
"Ad Hoc" which is defined as an agency, board or committee which is created to carry out a
specified task to be accomplished within a stated time period (not to exceed one year) at which time
it automatically ceases to exist, or when such other membership(s) is on an agency, board or
committee created by the Mayor as a "Mayor's Board or Committee".
~1.3.2 A2ency. Board and Committee members - Termination of Office.
(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 sixty days after expiration of the term of their office (as said term
is specified in the ordinance, resolution or other law creating said 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.
(c) Notification of Vacancies.
The city manager shall give advance notice to the Miami Beach City Commission, by
notification in the agenda, of any and all future vacancies affected by this section.
~1.3.3 Prohibitin2 service on city boards by certain persons or employees.
(a) Legislative purpose.
The city commission of the City of Miami Beach finds that certain individuals are serving
or have served on city agencies, boards and committees which concern themselves with municipal
functions in which members of their immediate family are employed. The city commission believes
that such situations can create needless controversies and conflicts among city employees, certain
agency, board and committee recommendations, lead to potential abuses of the city's personnel
system and inhibit open discussion of personnel and related issues. These dangers exist for agencies,
boards and committees which exercise delegated powers of the city, and for advisory agencies,
boards and committees which offer recommendations to the city manager or the city commission.
This section is designed to prohibit such situations from arising in the future.
(b) Prohibition.
No person or city employee shall hereafter be appointed or elected to serve on any agency,
board or committee ofthe city which supervises, monitors, advises, has responsibility over, or makes
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recommendations with respect to, any city department, division, office or administrative function
which employs, either within the classified system or as an independent contractor, that person, that
person's spouse, parent, child, brother or sister. Any person appointed or elected in violation of this
section shall be automatically disqualified from so serving.
~1.3.4 Representative appearance before a2ency. board or committee by former
member prohibited for one year.
No person who has served upon any city advisory agency, board or committee, the zoning
board of adjustment, the pension board or the personnel board, may appear, in a representative
capacity, before such agency, board or committee of which he has been a member, for a period of
one year following the cessation of his membership thereon.
II. AGENCIES, BOARDS AND COMMITTEES
The following portion of this Chapter sets forth the City of Miami Beach's agencies, boards
and committees, including their respective purposes, powers and duties, composition, City
affiliation requirements, attendance and terms.
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Sec. 2.1
BARRIER-FREE ENVIRONMENT COMMITTEE
Sec. 2.1.1 There is hereby established the Barrier-Free Environment Committee whose
purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.1.2 PURPOSE: The purpose of this committee is to review, formulate and coordinate
information, suggestions, proposals and plans and to address complaints from the general public to
provide more conveniently accessible facilities, public buildings, streets, sidewalks, and programs
for the persons with disabilities in the City of Miami Beach. The Committee, in the context of this
transition plan, is consulted with in terms of prioritization of accessibility-related improvements to
City facilities. The priorities are in terms of both, the order of which facilities to modify, and also
the particular improvements to each respective facility. The Committee may provide accessibility-
related input to the following departments: Building, Recreation, Culture and Parks, Police, and
Code Compliance.
Sec. 2.1.3
POWERS AND DUTIES: (See "Purpose".)
Sec. 2.1.4 COMPOSITION: The Barrier-Free Environment Committee shall be composed of
nine (9) voting members appointed by the City Commission at-large and six (6) non-voting 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 non-voting ex-officio members shall be the Director of the Office of Children's Affairs, a
designee of the Building Department Director, a designee of the Recreation, Culture and Parks
Director, a designee of the Police Chief, a designee of the Parking Department Director, and the
City's ADA Coordinator or his/her designee.
The City Attorney's office shall provide legal counsel.
Sec. 2.1.5 KNOWLEDGE AND EXPERIENCE: All appointments shall be made on the basis
of civic pride, integrity, experience, and interest in the needs of persons with disabilities.
Consideration shall be given but not limited to recommendations solicited by the City Commission
from associations to be specified by the Barrier-Free Environment Committee at a later date.
SUPPORTING DEPARTMENT:
Public Works.
* * *
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Sec. 2.2
BEAUTIFICATION COMMITTEE
Sec. 2.2.1 There is hereby established the Beautification Committee whose purposes, power and
duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.2.2 PURPOSE: The Beautification Committee aids the Commission in its desire to
maintain the beauty of the City of Miami Beach.
Sec. 2.2.3 POWERS AND DUTIES: The City of Miami Beach Beautification Committee is
vested with the power and authority to review all landscape projects and make recommendations to
the City Commission of Miami Beach upon the following matters:
a) The investigation, development, and carrying out of plans for the beautification of
the City of Miami Beach, including, but not limited to, public landscaping and signage.
b) The encouragement of placing, planting and preservation of trees, flowers, plants, shrubbery,
and other ornamental plants in said City.
c) The encouragement of a desire in the citizenry of the City of Miami Beach to maintain and
improve the beauty of the City.
d) The recommendation of plans to the said City as well as to other governmental agencies for
the beautification of the City.
e) The recommendation of new ordinances and efforts duly made to discontinue violations of
any existing ordinance or statute concerning the beautification of the City of Miami Beach.
f) The identification of areas suitable for beautification in the City of Miami Beach.
*
Sec. 2.2.4 COMPOSITION: The committee shall consist of SCicn (7) eight (8) members,
appointed at-large by the Commission consisting of:
* One (l) Landscape Architect.
* One (l) Landscape Professional.
* T-v.'o (2) three (3) citizens having an interest in City beautification projects.
* Two (2) individuals having prior experience or education in the areas of horticulture, graphic
design, art, architecture, landscape design, architecture or general contracting.
Chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee
(or his/her designee) who shall serve as a non-voting ex-officio member.
The Beautifieatioli Committee shall be placed unaer the auspiee3 of the Rcereatiolial Celiters ana
Parks Facilities Board. The Chairperson of the committee or his/her designee shall serve as a non-
voting ex-officio member of the Recreational Centers and Parks Facilities Board (to be renamed the
"Parks and Recreational Facilities Board").
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Sec. 2.2.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Recreation, Culture and Parks.
* * *
11
Sec. 2.3
BUDGET ADVISORY COMMITTEE
Sec. 2.3.1 There is hereby established the Budget Advisory Committee whose purposes,
power and duties, composition, membership qualification and general governing regulations are
as follows.
Sec. 2.3.2 PURPOSE: To consider and make recommendations on all issues affecting the fiscal
policies and procedures of the units and departments within the City of Miami Beach.
Sec. 2.3.3 POWERS AND DUTIES: It shall be the duty of the Budget Advisory Committee to
advise the City Commission to examine, study, review, and consider proposed budgets, and any
amendments thereto. For that purpose, the Budget Advisory Committee shall examine any and all
proposed expenditures therein; the amounts appropriated therefor; the probable amount of estimated
revenue and receipts, and all other facts necessary or convenient to enable said Committee to make
recommendations to the City Commission.
Sec. 2.3.4
COMPOSITION: Said Committee shall be composed of nine (9) members:
(7) direct appointments, with Mayor and each Commissioner making one (1)
* Seven
appointment.
* Two (2) at-large appointments, one (1) for a certified public accountant and one (1) for
a financial advisor.
Sec. 2.3.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Office of Management and Budget.
* * *
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Sec. 2.4
MIAMI BEACH COMMISSION ON THE STATUS OF WOMEN
Sec. 2.4.1 There is hereby established the Miami Beach Commission on the Status of Women
whose purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.4.2 PURPOSE: To support continuing efforts for economic, political and social equality
of opportunity for all women, with special emphasis on the needs of women on Miami Beach and
to serve in an advisory capacity to the City Commission and the City Administration of Miami
Beach.
Sec. 2.4.3 POWERS AND DUTIES: The Commission shall have the following duties,
functions, powers and responsibilities:
a) To serve in an advisory capacity to the City Commission, the City Administration, the
community, and all agencies and persons in Miami Beach, Florida, in respect to all matters
pertaining to the status of women, including but not limited to discrimination against
women, greater representation for women in all areas of City government (i.e. boards and
committees), employment of women, education of women, and attitudes towards women in
the community, and to make periodic reports and recommendations to these bodies in respect
to such matters.
b) To make a continuing study of all existing city institutions, facilities and services, and
programs dealing with women or affecting women, and consider the future needs ofthis area
in respect to such institutions, facilities, services and programs.
c) To serve as liaison between the City Commission and the city administration, and consult
with representatives of said bodies from time to time as requested and necessary in order to
carry out the Commission's duties and functions.
d) To make studies and have studies made of the problems of discrimination against women
employees, increasing the availability of part-time employment for women, and attributable
changes towards women in the community, and to formulate and recommend plans and
programs for the coordination of the activities of all governmental entities and non-
governmental agencies dealing with these problems.
e) It is the express purpose of this Commission to serve as a medium for responsible persons
to utilize and consult with in attempting to understand and solve the many complex problems
involved with dealing with the status of women, and to make findings and recommendations
to the City Commission and the City Administration regarding such matters as are presented
to the Commission.
f) To perform such other duties as may from time to time be assigned to it by resolution of the
City Commission.
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Sec. 2.4.4. COMPOSITION: The C6mmissi6fi 6R tm: Statm ofV/{)mefi shall wnsist of cleyeR
(11) members.
ok SCVCfi (7) direet ftPP6irt1:meRts, 6Re (1) madc by Mayor ftfid eaeh CommissioRer.
ok F 6tlf (4) ftPp6irt1:mert1:3, 'vvhieh shall be made by the Commissi6fi at IMge.
The Commission on the Status of Women shall consist of twenty-one (21) members. Each of the
seven (7) members of the City Commission shall appoint three (3) members to the body. The
Chairperson of the Commission on the Status of Women or its designee shall serve as a non-voting
ex-officio member of the Community Relations Board.
Sec. 2.4.5 KNOWLEDGE AND EXPERIENCE: Members shall show interest in supporting
continuing efforts for economic, political, and social equality of opportunity for all women, with
special emphasis on the needs of women on Miami Beach.
SUPPORTING DEPARTMENT:
Design, Development and Historic Preservation.
* * *
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Sec. 2.5
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
Sec. 2.5.1 There is hereby established the Community Development Advisory Committee
whose purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.5.2 PURPOSE: (per Citizen Participation Plan, adopted by Resolution #95-21538):
The Community Development Advisory Committee (CDAC) shall serve as an advisory body,
representing all residents of Miami Beach especially those directly affected by the Consolidated Plan
which will encompass CDBG, HOME, and ESGP funds, and the Section 108 Loan Guarantee
Program, 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, may hold neighborhood meetings/hearings to obtain input directly from
those affected; however, CDAC attendance is not mandatory at these special meetings.
Sec. 2.5.3 POWERS AND DUTIES: The Community Development Advisory Committee shall
serve as an advisory body to the Economic and Community Development Division staff and City
Commission to include but not be limited to the formation ofthe Consolidated Plan; 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.
Sec. 2.5.4 COMPOSITION: The Community Development Advisory Committee shall be
composed of eleven (11) appointed members. Seven (7) members shall be "direct appointments";
the remaining four (4) members shall be appointed "at large".
Sec. 2.5.5 CITY AFFILIATION: The seven (7) direct appointees shall fulfill the City
Affiliation requirement in either of the following ways:
a) An individual has been a resident of a locally designated Community Development
target area for a minimum of two (2) years.
b) An individual can demonstrate ownership/interest for a minimum of two (2) years in a
business established in a locally designated Community Development target area for a
minimum of two (2) years.
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The four (4) at-large appointees shall fulfill the City Affiliation requirement in either of the
following ways:
a) An individual has been a resident of Miami Beach for a minimum of two (2) years.
b) An individual can demonstrate ownership/interest for a minimum of two (2) years in a
business located on Miami Beach for a minimum of two (2) years.
Sec. 2.5.6. KNOWLEDGE AND EXPERIENCE: The at-large members shall be appointed to
represent city-wide 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.
SUPPORTING DEPARTMENT:
Design, Development and Historic Preservation.
* * *
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Sec. 2.6
COMMUNITY RELATIONS BOARD
Sec. 2.6.1 There is hereby established the Community Relations Board whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.6.2 PURPOSE: The Community Relations Board shall serve to empower the citizens of
Miami Beach to foster harmony and community among the City's residents as well as address issues
of discrimination against its citizens on the grounds of race, religion, economic status, ethnicity,
sexual prdcre;fice; orientation, gender, age or handicap.
Sec. 2.6.3 POWERS AND DUTIES: The Community Relations Board shall be; dutifully
required provide a forum to hear complaints of discrimination on the; gr51:lftds by virtue of race,
religion, economic status, ethnicity, sexual orientation, gender, age or handicap as charged against
the City, its employees, and representatives including departments, affiliated committees, boards or
agencies. Upem the ttpprofJriate heMifig of such eomplaims, the Commtlfiity Relatiofi:5 Bottl'd 'v"v'ill
and to forward its recommendation(s) for corrective legislation to the City Commission for its
review. Provided further that the fact of such complaint. information provided and/or evidence
adduced at any hearing or proceeding under this section shall be non-iudicial and no such
information or evidence shall ever be used or introduced in any manner in any iudicial or
administrative proceeding.
The Community Relations Board shall be empowered to fulfill it:5 role by holdffig public forums and
invite a:5:mrifig the participation of affected parties in the hearing of matters brought before the
Board.
The Community Relations Board shall be dutifully required to seek to foster harmony among the
community by providing a forum for residents perceiving disaffectedion from the democratic process
because ofrace, religion, economic status, ethnicity, sexual preference orientation, gender, age or
handicap and shall provide a unifying voice for all segments of the community on issues of universal
effect.
Sec. 2.6.4. COMPOSITION: There shall be dncfi (11) seventeen 17 members~ eleven (11) of
whom shall be voting members:
* Seven (7) ifidividual3 appoimed by the Commis~liofi at lttl'gc. direct appointments. with the
Mayor and each City Commissioner appointing a member.
Four (4) members to be appointed at-large.
The remaining four (4) positions shall be appointed by the City Commission at-lar~e and
shall serve as non-voting ex-officio members:
*
*
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Chairperson)
or )
designees )
of )
Commission on the Status of Women
Committee on the Homeless
Hispanic Affairs Committee
Police/Citizen Relations Committee
A representative from the Police Department shall serve as a non-voting ex-officio member of the
board.
The Director of the Bureau of Children's Affairs shall serve as a non-voting ex-officio member.
The composition of the Board shall be reviewed every two (2) years.
See. 2.6.5 KNOV/LEDGE AND EXPERIENCE: OR behalf ofthe CoftUliissioR, the City Clerk
shttll selieit from the fullov.iftg 6rganiffiticms eligibility lists for tlf'l'eifttmeftt eoftsidertttii3ft: Equal
Employmcftt Opl'orttlfiity Commis3ioR (E.E.O.C), SI'IlDi3h Amcrican Lcaguc AgaiR3t
DiseriminatioR (S.A.L.A.D), Anti DeftmuttioR Lcagtle (AD.L), Dadc Action Pae, NatioRal
A33oeiatioR for the ActvllDeemeRt of Colored People (1'L'\..A.C.P), the NatioRal OrgMiz:atiem f-or
W5mcn (1'~.O.W), the South Beaeh Busines3 Ctlild, the AmerieM A335eiati5n 5fRctired Per30RS
(A./...R.P), rdigiotls iRstituti5ns located OR Mi!U11i Beach, or other commuRity based orgMiz:atioR3
that fo3ter equttlity for people ba3ed OR race, religioR, economie status, etlmieity, sexual preference,
geftder, age or hllDdieap.
SUPPORTING DEPARTMENT:
Special Events.
* * *
18
Sec. 2.7
CONVENTION CENTER ADVISORY BOARD
Sec. 2.7.1 There is hereby established the Convention Center Advisory Board whose purposes,
power and duties, composition, membership qualification and general governing regulations are as
follows.
Sec. 2.7.2 PURPOSE: The mission of the board is to act in an advisory capacity to the City
Commission on matters regarding operation of the Convention Center, to insure that highest quality
in management and operation by the management group of both the Miami Beach Convention
Center and Jackie Gleason Theater of the Performing Arts; to monitor and consult on the relationship
of the Greater Miami and the Beaches Convention and Visitors Bureau with the Miami Beach
Convention Center; and to insure the highest quality of maintenance of the facilities.
Sec. 2.7.3 POWERS AND DUTIES:
a) To review, consult and advise on rates at both facilities;
b) To advise and give input on budget;
c) To maintain an ongoing relationship between the board and the City;
d) To review the marketing plan of the management group;
e) To monitor the booking policies and approve any recommended changes by
the management group;
f) To advise and consult, review and recommend on multi-year contracts;
g) To review and monitor management and user contracts and agreements;
h) To review on a quarterly basis the maintenance of the buildings.
i) To assume the powers and duties of the Community Benefit Committee for the
Performing Arts, as follows:
Advise and recommend to the City Commission the most efficient allocation of the City of
Miami Beach Endowment funds mentioned below for the purchase of two (2) tickets for the general
performances and resale to senior citizens and students residing in Miami Beach at discounts of fifty
percent (50%) or more and to consider the presentation and promotion of performances, programs,
shows, and entertainment for the benefit and enjoyment of the residents of the City of Miami Beach
to be held at the Theater of the Performing Arts at reduced admission prices, or for free admission
to senior citizens and students residing on Miami Beach.
Sec. 2.7.4 COMPOSITION: There shall be clneR(II) fourteen (14) ~members apl'oifited
h) the City CommiggioR at lfl:fge:, nine (9) of whom shall be appointed at-large as voting members:
19
*
Two (2) Promoters/Users of the Jackie Gleason Theater of the Performing Arts.
One (1) Promoter/User of the Miami Beach Convention Center.
One (1) Attorney.
One (1) Financial Advisor.
One (1) Hotelier.
One (1) individual representing the field of Advertising/Marketing:- or Public Relations.
Oftt: (1) iRdi-;idual reJ)rt:3eItting the field of Public Rcltttion3.
Oftt: (1) Two (2) citizen~ at-large.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or
his/her designee shall serve as a non-voting ex-officio member.
The Chairperson of the Board of Directors of the Greater Miami B:nd thc lleB:eheg
Convention and Visitors Bureau or his/her designee shall serve as a non-voting ex-officio
member.
*
*
*
*
*
*
*
*
*
Administrative representatives from the management group, Greater Miami and the lleaehc3
Convention and Visitors Bureau, and the City Manager's Office shall serve as non-voting ex-officio
members.
Sec. 2.7.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Office of the City Manager.
* * *
20
Sec. 2.8 FASHION. FILM. ENTERTAINMENT AND PRODUCTIONCOMMITTEE
Sec. 2.8.1 There is hereby established the Fashion, Film, Entertainment and Production
Committee whose purposes, power and duties, composition, membership qualification and general
governing regulations are as follows.
Sec. 2.8.2 PURPOSE: To address the needs and concerns ofthe Production Industry by making
recommendations to the City Commission in order to encourage the expansion and well being of the
Fashion, Film, Entertainment and Production industries.
Sec. 2.8.3 POWERS AND DUTIES: The Fashion, Film, Entertainment and Production
Committee shall have the following duties, functions, powers, and responsibilities:
a) To serve in an advisory capacity to the City Commission and the City Administration of the
City of Miami Beach, Florida, with respect to matters pertaining to the fashion, film,
television, and recording industries of the City of Miami Beach.
b) To make recommendations as to both the economic and non-economic needs of these
industries, including how those needs can best be met.
c) To advise on methods of promoting the growth and stability of these industries in the Miami
Beach community.
d) To propose and participate with the City of Miami Beach and the members of these
industries in projects approved by the City Commission, which may be established to better
the community and improve the quality of life on Miami Beach.
Sec. 2.8.4 COMPOSITION: The committee shall be composed of twelve (12) members.
including nine (9) voting members, appointed by the Commission at-large:
* Seven (7) individuals representing the fashion, film, television and recording industries of
Miami Beach.
* Two (2) citizens at-large.
Include representatives from the Metro-Dade Office of Film, Television and Print, State of
Florida Entertainment Commission, and the City of Miami Beach Film, Television and Print Office
as non-voting ex-officio members.
Sec. 2.8.5 CITY AFFILIATION: The two (2) citizens at-large shall fulfill the City Affiliation
requirement for membership in either of the following ways:
a) An individual has been a resident of Miami Beach for a minimum of two (2) years.
21
b) An individual can demonstrate ownership/interest for a minimum of two (2) years in a
business established on Miami Beach for a minimum of two (2) years.
Sec. 2.8.6 KNOWLEDGE AND EXPERIENCE: All regular members shall have knowledge
of the fashion, film, television or recording industries ofthe City of Miami Beach. Each of the four
(4) industries shall be represented by at least one (1) member, but no more than three (3) members,
who are directly involved with that industry.
SUPPORTING DEPARTMENT:
Office of Film and Print.
* * *
22
Sec. 2.9
GOLF ADVISORY COMMITTEE
Sec. 2.9.1 There is hereby established the Golf Advisory Committee whose purposes, power and
duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.9.2 PURPOSE: The mission of the Golf Advisory Board shall be to oversee the
functionality of the three City golf courses, review observations and make recommendations, as
appropriate, to the administration.
Sec. 2.9.3 POWERS AND DUTIES: The powers and duties of the said Committee shall be:
a) To make studies and reports to the City Commission and the City Manager on all matters
pertaining and relating to the use and operation of the City's golf courses and
recommendations for the improvement thereof.
b) To make such recommendations on all matters concerning the use and operation of said
municipal golf courses as it may seem desirable and appropriate, and to transmit the same
to the City Manager and the City Commission for such action as the City Manager and
the City Commission may deem appropriate.
c) To consider and act upon any and all matters referred to it by the City Manager or the
City Commission pertaining to the use and operation of the municipal golf courses, and
to submit its findings and recommendations on such matters to the City Manager or to the
City Commission as shall be appropriate.
23
The Chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting ex-
officio member of the Recreational Centers and Parks Facilities Board (to be renamed the "Parks and
Recreational Facilities Board").
Sec. 2.9.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Recreation, Culture and Parks.
* * *
24
Sec. 2.10
HEAL TH ADVISORY COMMITTEE
Sec. 2.10.1 There is hereby established the Health Advisory Committee whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.10.2 PURPOSE: The Health Advisory Committee shall afford opportunities for private
sector input and recommendation for the future development of health care in our community.
Sec. 2.10.3 POWERS AND DUTIES: The Health Advisory Committee shall hold regular
meetings to review and advise the Administration and the Commission regarding all matters that
relate to the efficient and balanced health care for the citizens and visitors of Miami Beach.
Sec. 2.10.4 COMPOSITION: The Committee shall consist of eleven (11) voting members,
appointed by the City Commission at large, upon recommendations of the City Manager:
* Three (3) members shall be the Chief Executive Officers (CEOs) or their designated
administrators from each of the following local hospitals: Mount Sinai Medical Center,
South Shore Hospital, and Miami Heart Institute.
One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers
Community Health Center or his/her designated administrator.
One (1) member shall be an administrator from an Adult Congregate Living Facility
(ACLF).
One (1) member shall be a representative from the nursing profession.
One (1) member shall be a health benefits provider.
Two (2) members shall be physicians.
Two (2) members shall be consumers consisting of one (1) individual from the corporate
level and one (1) private individual.
There shall be one (1) non-voting ex-officio representative from each of the following: the State of
Florida Department of Health and Rehabilitative Services, the Health Council of South Florida, and
the Fire Rescue Department.
The Director of the Office of Children's Affairs shall be added as a non-voting ex-officio member
of the board.
*
*
*
*
*
*
Sec. 2.10.5 KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Office of Management and Budget.
* * *
25
Sec. 2.11
HEAL TH FACILITIES AUTHORITY
Sec. 2.11.1 There is hereby established the Health Facilities Authority (created by Miami Beach
Ordinance No. 90-2701 pursuant to the Health Facilities Law, Chapter 154, Part III, Florida
Statutes), whose purposes, power and duties, composition, membership qualification and general
governing regulations are as follows.
Sec. 2.11.2 PURPOSE: The purpose of the authority shall be to improve the commerce, welfare,
and prosperity of the citizens of Miami Beach and their health and living conditions. To accomplish
this purpose, the Authority encourages the acquisition, construction, rehabilitation, expansion,
renovation, improvement, financing and re-financing of projects.
Sec. 2.11.3 POWERS AND DUTIES:
a) To adopt an official seal and alter the same at its pleasure.
b) To maintain an office at such place or places in the City as it may designate.
c) To sue and be sued in its own name and to plead and be impleaded.
d) To acquire by purchase, lease, gift, or otherwise, or to obtain options for the acquisition of,
any property, real or personal, improved or unimproved, for the acquisition, construction,
operation, or maintenance of any project.
e) To construct, acquire, own, lease, repair, maintain, extend, expand, improve, rehabilitate,
renovate, furnish and equip projects and enter into construction contracts in connection
therewith and to pay all or any part of the costs thereof from the proceeds of bonds of the
Authority or from any contribution, gift, or donation or other funds made available to the
Authority for such purpose.
f) To make and execute agreements of lease, contracts, deeds, mortgages, notes and other
instruments necessary or convenient in the exercise of the powers and functions conferred
upon the Authority by this Ordinance.
g) To sell, lease, exchange, mortgage, transfer or otherwise dispose of, or to grant options for
any such purposes with respect to any project, or any real or personal property or interest
therein.
h) To pledge or assign any money, rents, charges, fees or other revenues and any proceeds
derived from sales of property, insurance, or condemnation awards.
i) To fix, charge, and collect rents, fees, and charges for the use of any project.
j) To issue bonds and notes for the purpose of providing funds to pay all or any part of the cost
of any project or any other lawful purpose and to reissue refunding bonds.
26
k) To employ consulting engineers, architects, surveyors, attorneys, accountants, financial
experts and such other employees and agents as may be necessary in its judgment, including
employees of the City to the extent approved by the Commission, and to fix their
compensation.
1) To acquire existing projects and to reimburse any health facility for the cost of such project
in accordance with an agreement between the authority and the health facility. However, no
such reimbursement shall exceed the total cost of the project as determined by the health
facility and approved by the Authority.
m) To acquire existing projects and to refund outstanding obligations, mortgages, or advances
issued, made, or given by a health facility for the cost of any project.
n) To charge to, and equitably apportion among health facilities its administrative costs and
expenses incurred in the exercise of the powers and duties conferred by this Ordinance.
o ) To mortgage any project and the site thereof for the benefit of the holders of the bonds issued
to finance such project.
p) To participate in and to issue bonds for the purpose of establishing and maintaining a self-
insurance pool pursuant to Section 627.357, Florida Statutes, as the same may be amended
from time to time, on behalf of a health facility or a group of health facilities in order to
provide for the payment of judgments, settlements of claims, expenses or loss and damage
that arises or is claimed to have arisen from an act or omission of the health facility, its
employees, or agents in the performance of health care or health care related functions.
q) To issue special obligation revenue bonds for the purpose of establishing and maintaining
self insurance pools and to provide reserve funds in connection therewith, which bonds shall
be payable from funds available in the pool from time to time or from assessments against
participating health facilities for the purpose of providing required contributions to the fund
or from such other sources as may be permitted by State law. Such bonds shall be issued in
accordance with all other applicable provisions of State law.
r) To keep a record of all its proceedings and be custodian of all books, documents, and papers
filed with it and of its minute book or journal and official seal. The Authority shall cause
copies to be made of all its minutes and other records and documents and shall give
certificates under its official seal to the effect that such copies are true copies, and all persons
dealing with said Authority may rely upon such certificates.
s) To make a report to the Commission within the first 90 days of each fiscal year for the City
or the Authority's activities for the preceding fiscal year. Each such report shall set forth a
complete operating and financial statement covering its operation during the preceding fiscal
year.
27
t) To enter into interlocal agreements with other governmental bodies in connection with the
exercise of its powers hereunder, including but not limited to the issuance of bonds, pursuant
to the authorizativn conferred by Chapter 163, Part I, Florida Statutes, as the same may be
amended from time to time.
u) To do all things necessary, as otherwise provided by law, to carry out the purposes of this
Ordinance.
Sec.2.11.4 COMPOSITION: The voting members shall consist of two (2) health providers, one
(1) individual in the field of general business who possesses good standing in the community, one
(1) accountant and one (1) attorney. In addition, the Chairperson of the Health Advisory Board shall
serve as a non-voting advisor to the Authority.
Sec. 2.11.5 CITY AFFILIATION: Members shall be residents of the City.
Sec. 2.11.6 KNOWLEDGE AND EXPERIENCE: See "Composition."
Sec. 2.11.7 TERM:
All appointments by the Commission, except
appointments to fill vacancies, shall be for a term of
four years.
Finance.
SUPPORTING DEPARTMENT:
* * *
28
Sec. 2.12
HISPANIC AFFAIRS COMMITTEE
Sec. 2.12.1 There is hereby established the Hispanic Affairs Committee whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.12.2 PURPOSE: It is the express purpose of this board to serve as a vehicle for
responsible persons to utilize and consult with, in attempting to understand and resolve the concerns
of the Hispanic community of the City of Miami Beach and to make recommendations to the City
Commission and City Administration regarding such matters.
Sec. 2.12.3 POWERS AND DUTIES: The Hispanic Affairs Committee shall have the following
duties, functions, powers and responsibilities:
a) To serve in an advisory capacity to the City Commission and the City Administration of the
City of Miami Beach, Florida, in respect to matters pertaining to the Hispanic community
of the City of Miami Beach.
b) To formulate and recommend plans and programs for coordination of the activities of
governmental and non-governmental entities pertaining to the Hispanic community of the
City of Miami Beach.
c) It is the express purpose of this Board to serve as a vehicle for responsible persons to utilize
and consult with, in attempting to understand and resolve the concerns of the Hispanic
community of the City of Miami Beach and to make recommendations to the City
Commission and the City Administration regarding such matters.
d) To perform such other duties as may from time to time be assigned to it by resolution of
the City Commission.
e) The powers and jurisdiction of the Committee shall be purely advisory, voluntary, and
persuaSIve.
Sec. 2.12.4 COMPOSITION: The Committee shall consist of nine (9) members, with the Mayor
and each Commissioner making one (1) appointment, and the remaining two (2) to be appointed at-
large. The Chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-
voting ex-officio member of the Community Relations Board.
Sec. 2.12.5 KNOWLEDGE AND EXPERIENCE: The members of the Committee shall have
knowledge of and interest in the Hispanic community of the City of Miami Beach.
29
The Hispanic Affairs Committee shall be reviewed by the
City Commission two (2) years from the adoption of this
Ordinance.
SUPPORTING DEPARTMENT: Public Information.
Sec. 2.12.6 REVIEW:
* * *
30
See.2.13
COMMITTEE ON THE HOMELESS
Sec. 2.13.1 There is hereby established the Committee on the Homeless whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.13.2 PURPOSE:... Whereas, the Mayor and City Commission of the City of Miami Beach
wish to create a committee to facilitate, implement, and empower the curative philosophy known as
"Continuum of Care."
Sec. 2.13.3 POWERS AND DUTIES: The Committee shall have the power and duty to examine
the issues of the homeless in Miami Beach and to recommend to the City Commission a
Comprehensive Strategy on the Homeless.
Sec.2.13.4 COMPOSITION: The Committee shall consist of nine (9) members, three (3) to be
appointed by the Mayor, and each Commissioner to appoint one (1).
The Chairperson ofthe Committee on the Homeless or his/her designee shall serve as a non-voting
ex-officio member of the Community Relations Board.
Sec. 2.13.5 KNOWLEDGE AND EXPERIENCE: Each member of the committee shall be
selected from membership in an organization such as, but not limited to, the following:
Member of the general public involved with homeless issues
Jewish Vocational Services
Miami Beach Housing Authority
RAIN mothers and/or Miami Beach Development Corp.
Dade County Trust
Douglas Gardens Community Mental Health
Community Agencies Involved with Homeless Issues
City of Miami Beach Staff
SUPPORTING DEPARTMENT:
Office of the City Manager.
* * *
31
Sec. 2.14
LOAN REVIEW COMMITTEE
Sec. 2.14.1 There is ht:reby established the Loan Review Committee whose purposes, power and
duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.14.2 PURPOSE: The Loan Review Committee of the City of Miami Beach shall review
applications for funding the rehabilitation of residential properties, under the provisions of the Multi-
family Housing Rehabilitation Guidelines, such review shall include property qualifications and
eligibility of applicants. The Committee shall recommend approval of qualified applications to the
Mayor and City Commission.
Sec. 2.14.3 POWERS AND DUTIES (per Guidelines for City of Miami Beach Rehabilitation
Programs approved by Resolution #95-21728):
The LRC (Loan Review Committee) shall:
a) Study and review proposals, applications, property qualifications and the eligibility of the
applicants for funding under the Community Development Block Grant Program-funded
Housing Rehabilitation Programs.
b) Ifnecessary, interview the applicant to obtain additional information about the proposal.
c) Evaluate applications and determine which shall be recommended for approval to the City
Commission. Specify time frames and any other conditions for commitment of funds upon
approval.
d) Estimate the amount of public funding needed to assist selected proposals and provide for
the reservation of funds for those projects.
e) Review final proposals which have received commitments, and recommend their reduction
if required by limitations in the availability of funds.
f) Review and make recommendations regarding any request made to the City for an
assignment or material change in any of the terms of the award agreements, after loan closing
or final funding commitment.
g) Establish site and neighborhood standards.
h) Periodically review these Guidelines, and make recommendations to the City Commission
for action.
i) Provide expertise and assistance to the City's Economic and Community Development
Division in preparing Requests for Proposals (RFP) or Notices of Funding Availability
(NOF A) or portions thereof, for the City's housing programs, including: the CDBG-funded
Multi-Family Housing Rehabilitation Programs, the HOME Investment Partnerships
32
Program (HOME), and the State Housing Initiatives Partnership (SHIP)Program.
j) Review all eligible HOME and SHIP Program applications in accordance with criteria
outlined in the applicable RFP or NOF A These criteria may include items such as: total
cost, extent of leveraging, cost per unit, development schedule, previous accomplishments,
periods of affordability, utilization of non-public funds, non-displacement, total number of
units, site and neighborhood compatibility, conformity with City zoning requirements,
consistency with the City's Consolidated Plan, etc.
Sec.2.14.4 COMPOSITION: The LRC shall consist Ofge-fefi (7) ten (10) members, seven (7)
of whom shall be voting members appointed by the City Commission at-large:
* Three (3) residents of Miami Beach, one each from North Beach, Middle Beach, and
South Beach. (These zones shall be defined as follows: North Beach-the zone North of
67th Street to 87th Terrace, Middle Beach-the area from 67th Street to the Dade Canal
and 23rd Street to the Ocean, South Beach-the zone from Dade Canal and 23rd Street
south to Government Cut.)
* One (1) General Contractor.
* Three (3) members from different private lenders with offices located in the City.
The Finance Director or his/her designee and the City Manager or his/her designee shall serve as
non-voting ex-officio members.
A member of the Community Development Advisory Committee (CDAC) shall be designated to
serve as a non-voting ex-officio member ofthe LRC, in order to facilitate communications between
the LRC and CDAC.
Sec. 2.14.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Design, Development and Historic Preservation.
* * *
33
Sec. 2.15
MARINE AUTHORITY
Sec. 2.15.1 There is hereby established the Marine Authority whose purposes, power and duties,
composition, membership qualification and general governing regulations are as follows.
Sec. 2.15.2 PURPOSE: The Marine Authority is dedicated to providing high quality advisory
assistance to the City administrative department in marine-related matters. The Marine Authority
is committed to promoting and maintaining a safe, clean and healthy marine environment to be
enjoyed by its citizens, as well as visitors to Miami Beach. To accomplish this goal, the Authority
receives and reviews applications for charter boats, beach concessions, marine-related special events,
and sensitive marine environmental issues.
Sec. 2.15.3 POWERS AND DUTIES:
a) To recommend to the City Commission the adoption, revision and amendment from time
to time of appropriate rules and regulations reasonably necessary for the implementation, effective
enforcement, administration, and interpretation of the provisions of this chapter and the minimum
standards prescribed herein, and to provide for the effective and continuing establishment and
enforcement of reasonable minimum standards within the framework of the chapter. When
approved by the city commission, such rules and regulations shall have the force and effect of law.
b) To make continuing studies and periodic reports and recommendations for the improvement
of minimum standards for the city and to work in cooperation with all federal, state and local
agencies interested in marine standards and clean and clear waterways. To publicize the importance
of adequate minimum standards, to hold and conduct public hearings, discussions, forums and
institutes, to arrange programs for the presentation of information by experts in related fields and to
visit and study marine programs conducted in other metropolitan areas.
c) To foster and maintain a clean, litter-free marine environment by exploring the availability
of enforcement techniques, new ordinances and the active promotion of voluntary clean-ups.
d) To make recommendations regarding any ongoing and future waterside activities including
the permitting and policing of water-related concessions and water-oriented special events.
e) To make recommendations to the Planning Board or any other City board when acting on
matters related to the provisions of the chapter. NO. 75-2050, ~1.)
Sec. 2.15.4 COMPOSITION: The Authority shall consist of six (6) members, five (5) voting
members appointed by the City Commission at-large, and one (1) non-voting ex-officio member of
the Authority who shall be a representative of the Miami Beach Marine Patrol.
34
Sec. 2.15.5 KNOWLEDGE AND EXPERIENCE: Appointments 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.
SUPPORTING DEPARTMENT:
Code Enforcement.
* * *
35
Sec. 2.16
NUISANCE ABATEMENT BOARD
Sec. 2.16.1 There is hereby established the Nuisance Abatement Board whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec. 2.16.2 PURPOSE: There is hereby created and established a Nuisance Abatement Board
to hear evidence relating to the existence of drug-related Public Nuisances on premises located in
the City of Miami Beach.
Section 17D-l of Ordinance #94-2937 defines "Public Nuisance" as "any place or premises within
the City of Miami Beach which may be declared a nuisance according to Section 823.05 or Section
823.10, Florida Statutes as they may be renumbered or amended from time to time or which has been
used on more than two occasions within a six month period:
a) As the site of the unlawful sale or delivery or storage of controlled substances as defined in
Chapter 893 of the Florida Statutes, or
b) By a youth and street gang for the purpose of conducting a pattern of youth
and street gang activity, or
c) F or prostitution or solicitation of prostitution, or
d) For illegal gambling, or
e) F or illegal sale or consumption of alcoholic beverages
Sec. 2.16.3
POWERS AND DUTIES: See Miami Beach Code Chapter 17D
Sec. 2.16.4 COMPOSITION: Said Board shall consist of five (5) members appointed by a
majority vote of the City Commission.
Sec. 2.16.5 CITY AFFILIATION: Members of the Nuisance Abatement Board shall be persons
who reside or maintain a business establishment in the City of Miami Beach. Membership on the
board shall include one representative from each of the following areas of Miami Beach: 1) south
of twenty-second street, 2) twenty-second street to fifty-fifth street, and 3) fifty-fifth street to
eighty-seventh terrace.
Sec. 2.16.6 KNOWLEDGE AND EXPERIENCE: The Chairman of the Board shall be an
attorney duly licensed by the State of Florida with trial experience.
36
Sec. 2.16.7 ATTENDANCE: Any member who fails to attend two of three successive meetings
without cause and without prior approval of the chairman shall automatically forfeit his appointment,
and the City Commission shall promptly fill such vacancy for the remainder of the term.
Sec. 2.16.8
Sec. 2.16.9
EXPIRATION:
TERM:
SUPPORTING DEPARTMENTS:
January 6.
The initial appointments to the Nuisance Abatement Board
shall be as follows:
(1) Two members appointed for a term of two
(2) years; and,
(2) Two members and the Chairman appointed for a term
of one (1) year.
Upon expiration of initial terms, subsequent Appointments
for two (2) years shall be made. Any member may be
reappointed by the City Commission for not more than three
(3) consecutive terms.
City Attorney, City Clerk.
* * *
37
Sec. 2.17
PARKS AND RECREATIONAL FACILITIES BOARD
Sec. 2.17.1 There is hereby established the Parks and Recreational Facilities Board whose
purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.17.2 PURPOSE: The Board shall serve in an advisory capacity to the City Commission,
City Manager, and the Director of Recreation, Culture and Parks on matters related to the successful
implementation of a comprehensive community-based parks and recreation service delivery system.
Such issues may include, but are not limited to creative program development, a community
involvement process, overall parks and recreation facility development, and service as an oversight
committee to evaluate goals of the Recreation, Culture and Parks Department. The Board shall
interact with other boards, governmental agencies, and civic groups on an as-needed basis to foster
the success of the department's objectives.
Sec. 2.17.3
POWERS AND DUTIES: See "Purpose".
Sec. 2.17.4 COMPOSITION: Said Parks and Recreational Facilities Board shall be comprised
of thirteen (13) members:
* Seven (7) direct appointments, one (1) made by the Mayor and each Commissioner.
* Three (3) appointments made by the Commission at-large. These appointments must be
geographical (representing South Beach, Middle Beach, and North Beach).
The Chairpersons of the following boards/committees or their designees shall serve as
non-voting ex-officio members of the Parks and Recreational Facilities Board:
Beautification Committee
*
Golf Advisory Committee
Youth Center Advisory Board
Sec. 2.17.5 KNOWLEDGE AND EXPERIENCE: Members of the board shall demonstrate
interest in the City's parks and recreational facilities and programs through their own participation
or the participation of a member of their immediate family. Consideration should also be given to
individuals who have special knowledge or background related to the field of parks and recreation.
SUPPORTING DEPARTMENT:
Recreation, Culture and Parks.
* * *
38
Sec. 2.18
PERSONNEL BOARD
Sec. 2.18.1 There is hereby established the Personnel Board (created by Section 83 of the City
of Miami Beach's Related Laws), whose purposes, power and duties, composition, membership
qualification and general governing regulations are as follows.
Sec. 2.18.2 PURPOSE: The Personnel Board shall ensure proper administration of Personnel
activities for Classified employees.
Sec. 2.18.3 POWERS AND DUTIES: The personnel board shall:
a) Have the authority to require performance of all personnel procedure and operations
specified or contemplated by this Act or the personnel rules. The board shall approve the
budget request fo::: the personnel department.
b) Approve or disapprove or amend the personnel rules and amendments thereto.
c) Approve or disapprove or amend the classification plan, class specification and requirements
to be met by applicants for competitive examinations as provided in section 2D of this Act.
d) Hear appeals in case any officer or employee in the classified service is suspended, reduced
or removed in accordance with the procedure in Section 9 of this Act and the rules made
thereunder.
e) Hear appeals, make investigations and review administrative interpretations of the
personnel rules, and direct administrative action consistent with its findings.
Sec. 2.18.4 COMPOSITION: The board shall consist often (10) members, six (6) of which shall
be citizens of Miami Beach not in the employ of the city, each having a different vocation. The term
"vocation" as used herein means the principal means of livelihood of the member. At least one
citizen must be a Ce;rtifie;d Public Accountant, and another fflmt work in the field of Human
Resources. Each of the six shall be appointed by and may be removed without cause by the votes
of five-sevenths of the city commission, and shall be voting members.
The other four (4) members of the personnel board shall be the personnel director, who shall not be
a voting member of the board, and three (3) regular employees of the City of Miami Beach, to be
elected by the probationary and regular employees of the city and who shall be elected from the
employees of regular status in the respective groups. Group 1 shall consist of the employees of the
police department, fire department and beach patrol department. Group 2 shall consist of employees
who are in clerical and executive positions; Group 3 shall consist of all other employees. The three
(3) employee members shall be entitled to a total of one vote, voting as an employee member unit,
in the determination of all matters before the personnel board.
39
The Personnel Board shall select its Chairman and Vice-Chairman from its nonemployee voting
members.
Sec. 2.18.5 KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Six (6) non-employee members - two year terms.
Three (3) employee members - three year terms.
Human Resources.
Sec. 2.18.6 TERM:
* * *
40
Sec. 2.19
POLICE/CITIZEN RELATIONS COMMITTEE
Sec. 2.19.1 There is hereby established the Police/Citizen Relations Committee whose purposes,
power and duties, composition, membership qualification and general governing regulations are as
follows.
Sec. 2.19.2 PURPOSE: The mission of the Police/Citizen Relations Committee is to recommend
and endorse programs and projects that will enhance the well-being of the residents and visitors of
Miami Beach and to provide advice to the City Commission pertaining to community/police
relations with the aim of improving the public's confidence in government and in particular, the
police department of the City of Miami Beach.
Sec. 2.19.3
POWERS AND DUTIES: The Police/Citizen Relations Committee shall have the
following duties, functions, powers and responsibilities:
a) To serve in an advisory capacity to the City Commission and the City Administration ofthe
City of Miami Beach, Florida with respect to matters pertaining to police community
relations and their impact on the community of the City of Miami Beach.
b) To formulate and recommend plans and programs relating to community relations, and to
review and make recommendations regarding the Police Department budget.
c) Members shall be encouraged to participate in the "Ride Along" program of the Department.
d) It is the express purpose ofthis Committee to serve as a vehicle for responsible persons to
understand and resolve the concerns of the residents of the City of Miami Beach with regard
to police community relations and to make recommendations to the City Commission and
City Administration regarding such matters.
e) To perform SUC11 other duties as may from time to time be assigned to it by the City
Commission.
Sec.2.19.4 COMPOSITION: The Committee shall consist of fourteen (14) members. eleven
(11) of whom shall be voting members. The voting members shall be dir~ct appointments with the
Mayor and City Commissioners,.-shttH each makeing one (1) individual appointment:- and Ffour (4)
additional appointments-sftttH to be made by a majority vote ofthe entire Commission.
One (1) non-voting member shall be the non-administrative personnel of the Police Department
selected by a majority vote of the non-administrative personnel. Two (2) additional non-voting
members shall be the Police Chief (or a designee) and the City Attorney (or a designee).
41
The Polic;dCitizc;R Rdffii6n3 C6mmittce 3hall fall under the a:u81'iee8 of the Community
Rc1a:tioR8 llottl'd. The Chairperson of the committee or his/her designee shall serve as a
non-voting ex-officio member ofthe Community Relations Board.
The Police/Citizen Relations Committee shall be assigned to the Police Department.
*
Sec. 2.19.5 KNOWLEDGE AND EXPERIENCE: The voting members of the Committee shall
have knowledge of and interest in police community relations and their impact on the City of Miami
Beach. RecommendatiOl ,s for appointment to all voting and non-voting memberships selected by
the Mayor and Commission shall be encouraged to be obtained from the Spanish American League
Against Discrimination (S.AL.AD.); the League of United Latin American Citizens (L.U.L.AC.);
the Anti-Defamation League (AD.L.); the Dade Action Pac; the National Association for the
Advancement of Colored People (N.AAC.P.); the League of Women's Voters, and any other
organizations deemed appropriate.
SUPPORTING DEPARTMENT:
Labor Relations.
* * *
42
Sec. 2.20
SAFETY COMMITTEE
Sec. 2.20.1 There is hereby established the Safety Committee whose purposes, power and duties,
composition, membership qualification and general governing regulations are as follows.
Sec.2.20.2 PURPOSE: The goal of the Safety Committee is to protect the safety and well-being
of the citizens and visitors of Miami Beach. As members of the community, the committee serves
as a vehicle for communications between those who have the ability to correct them. Through the
efforts of the committee, the City of Miami Beach will be saved from lawsuits resulting from
perilous conditions while simultaneously promoting the overall image of the city.
Sec. 2.20.3 POWERS AND DUTIES: The Miami Beach Safety Committee shall have the
following duties, functions, powers, and responsibilities:
a) To serve in an advisory capacity to the City Commission and the City Administration of
the City of Miami Beach, Florida, with respect to matters pertaining to safety in the City
of Miami Beach.
b) To formulate and recommend plans and programs for coordination of the activities of
governmental and non-governmental entities pertaining to safety in the City of Miami
Beach.
c) It is the express purpose of this Board to serve as a vehicle for responsible persons to utilize
and consult with, in attempting to understand and resolve concerns regarding safety issues
in the City of Miami Beach, and to make recommendations to the City Commission and City
Administration regarding such matters.
d) To perform such other duties as may from time to time be assigned to it by resolution of
the City Commission.
Sec. 2.20.4 COMPOSITION: The committee shall be composed of eleven (11) members:
* Seven (7) direct appointments, one (1) made by each Commissioner.
* Four (4) at-large appointments by the Commission. These appointees must represent
North Beach, South Beach, and Middle Beach.
Sec. 2.20.5 KNOWLEDGE AND EXPERIENCE: The members of the Committee shall have
knowledge of and intere~~ in the safety of the citizens of the City of Miami Beach.
Sec. 2.20.6
REVIEW:
The Safety Committee shall be reviewed by the City
Commission two years from the adoption of this Ordinance.
Risk Management.
SUPPORTING DEPARTMENT:
* * *
43
Sec. 2.21 CITY OF MIAMI BEACH. FLORIDA SISTER CITIES PROGRAM
Sec. 2.21.1 There is hereby established the City of Miami Beach, Florida Sister Cities Program
whose purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.21.2 PURPOSE: (See "Powers and Duties".)
Sec. 2.21.3 POWERS AND DUTIES:
a) To cause the people of the City of Miami Beach, Florida and the people of foreign cities to
acquire a consciousness of each other, to understand each other as individuals, as members
of their community, as citizens of their country and as part of the family of nations.
b) To promote, as a consequence of such knowledge and consciousness, a continuing
relationship of mutual concern between the people of the City of Miami Beach and the
people of its sister cities.
c) To promote art, cultural, educational and business exchanges between the City of Miami
Beach and its sister cities.
Sec. 2.21.4 COMPOSITION: The Coordinating Council is the governing body of the overall
Sister Cities Program. The Council shall consist of two (2) representatives per Sister City affiliation
and four (4) members appointed from Dade County at-large. All of these members are appointed
by the Mayor of the City of Miami Beach.
Sec. 2.21.5 KNOWLEDGE AND EXPERIENCE: The members ofthe Coordinating Council
shall be residents of Dad~ County who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual Sister City committee upon approval by the Coordinating Council. To qualify, the person
shall present a resume and a letter of interest to the Committee chairperson.
SUPPORTING DEPARTMENT:
Office of the Mayor and Commission.
* * *
44
Sec. 2.22
TOURIST AND CONVENTION CENTER EXPANSION AUTHORITy2
Sec. 2.22.1 There is hereby established the Tourist and Convention Center Expansion Authority
whose purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.22.2 PURPOSE:
The authority shall have the sole power to approve the concept, location, program and design of the
Convention Center expansion and improvements therein and to administer and disburse the proceeds
of the County Convention Development Tax and any other related source of revenue.
Sec. 2.22.3 POWERS AND DUTIES:
a) Powers. The autilority shall have the sole power to approve the concept, location, program
and design of the expansion, extension, enlargement and improvement of the Miami Beach
Convention Center and the sole power to administer and disburse proceeds of the Convention
Center Development Tax, as prescribed by ss 212.057, Fla. Stat., and any other related
source of revenue to extend, expand, enlarge and improve the Miami Beach Convention
Center. The authority does not have the power to contract with any person or corporation,
nor pledge the revenue generated from the Convention Development Tax as collateral.
b) Processing Proposals. The city manager shall appoint a technical review committee which
will short list all proposals received and submit the same to the authority.
c) Ranking Proposals. The authority shall rank order any and all bids in the furtherance of
expansion, extension, enlargement and improvement of the convention center and submit
such ranking to the city commission.
d) Negotiating Process. The authority shall appoint a member (s) to participate with the city
manager's appointed representatives in the negotiating process in the awarding of any bid
concerning the expansion, extension, enlargement and improvement of the Miami Beach
Convention Center and the subsequent contract negotiations.
e) Contract Approval. The authority shall review all proposed negotiated contracts for the
expansion, extension, enlargement and improvements to the Miami Beach Convention
Center and make recommendations to the city commission. Upon reviewing the
recommendation of the authority, the Miami Beach City Commission shall approve or
disapprove the proposed negotiated contract. In the event that the authority does not make
a recommendatic"l within thirty days of the date any negotiated contract is completed in
2 Established and regulated by State law.
45
written form, the city commission may approve or disapprove the negotiated contract without
the authority's recommendation. In the event that the city commission does not approve a
proposed negotiated contract, such contract may be negotiated further by the city manager's
technical team and an authority representatives(s). In the event that the city commission
does not agree to the final negotiated contract, the negotiation team shall begin negotiations
with the next ranked bidder.
f) Budget. The authority shall submit its budget for the expansion, extension, and
improvement to the Miami Beach Convention Center to the office of management and
budget each fiscal year for the period between October 1 and September 30. The office of
management and budget shall provide the authority with remarks concerning its budget. The
authority's budget must be approved by the city commission through its normal budget
process.
Sec. 2.22.4 COMPOSITION: The authority shall consist of eleven (11) voting members:
* Seven (7) members, one (1) appointed by the Mayor and each Commissioner
* Four (4) members to be appointed by the Commission at-large:
One (1) civil engineer
One (1) general contractor
One (1) accountant
One (1) attorney
The City Manager of the City of Miami Beach, Mayors of Dade County, Surfside, and Bal Harbour
or their designees shall be non-voting ex-officio members. The authority may appoint, by a majority
vote, non-voting ex-officio member(s) to assist them in fulfilling their defined purposes.
The executive director for the authority shall be the budget director for the City of Miami Beach or
some other designee of the city manager from his or her office. The executive director shall have
general charge of the work of the authority and shall direct the enforcement of all policies and
directives of the authority. The director shall maintain and keep the records of the authority and
shall be responsible for causing minutes of all authority meetings to be recorded, transcribed and
maintained.
Sec. 2.22.5 KNOWLEDGE AND EXPERIENCE: Each member of the authority shall be of
outstanding reputation for integrity, responsibility, and commitment to serving the community. No
two (2) members shall be connected or have any financial ties with the same business entity.
SUPPORTING DEPARTMENT:
Office of the City Manager.
* * *
46
Sec. 2.23
TRANSPORTATION AND PARKING COMMITTEE
Sec. 2.23.1 There is hereby established the Transportation and Parking Committee whose
purposes, power and duties, composition, membership qualification and general governing
regulations are as follows.
Sec. 2.23.2 PURPOSE: The Transportation and Parking Committee ofthe City of Miami Beach's
mission is to serve in an advisory capacity to the City Commission and City Administration in
matters of Transportation and Parking as they relate to the unique community of Miami Beach. It
shall be the goal of this committee to assist in the development of programs, the implementation of
solutions, and the forwarding of recommendations to the City which are fiscally responsible.
This Committee shall strive to help resolve the critical transportation and parking challenges facing
our growing, dynamic community.
Sec. 2.23.3 POWERS AND DUTIES: The Transportation and Parking Committee shall have the
following duties, functions, powers and responsibilities:
a) To serve in an advisory capacity to the City Commission and the City Administration ofthe
City of Miami Beach, Florida with respect to matters pertaining to transportation and parking
and their impact on the communities of the City of Miami Beach. As such, the City
Commission and the City Administration of the City of Miami Beach, Florida shall refer
matters of public import pertaining to transportation and parking to the Transportation and
Parking Committee prior to their adoption or implementation for consideration and
recommendation. The matter shall be considered and sent back to the Commission with a
recommendation.
b) To formulate and recommend plans and programs for coordination of the activities of
governmental entities pertaining to transportation and parking and their impact on the
City of Miami Beach.
c) It is the express purpose of this Board to serve as a vehicle for responsible persons to utilize
and consult with in attempting to understand and resolve the concerns of the City of Miami
Beach with regard to transportation and parking issues, and to make recommendations to the
City Commission and City Administration regarding such matters.
d) To perform such other duties as may from time to time be assigned to it by the Commission.
Sec.2.23.4 COMPOSITION: The Committee shall consist of nineteen (19) voting members.
The Mayor and City Commissioners shall each make one (1) appointment, with the other members
of the Committee to be composed of members from the following community organizations each
47
of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of
Commerce's Transportation and Parking Committee; 2) Miami Beach Development Corporation;
3) Ocean Drive Improvement Association, Inc.; 4) Washington Avenue Association; 5) Miami
Design Preservation League; 6) North Beach Development Corporation; 7) Mid-Beach
Community Association; 8) South Pointe Advisory Board to the Redevelopment Agency 9)
Lincoln Road Marketing, Inc.; 10) Miami Beach Transportation Management Association; 11)
Miami Beach Convention Center/TOP A (SMG); and 12) Middle Beach Partnership, Inc. d/b/a 41 st
Street-Middle Beach Partnership.
A member of the City Administration, the City of Miami Beach Parking Director, and Transportation
Coordinator shall serve as non-voting ex-officio members.
On an annual basis, the members of the Committee shall elect a Chairman and such other officers
as may be deemed necessary or desirable, who shall serve at the will of the Committee. Ten (10)
members shall consist of a quorum of the Committee and shall be necessary in order to take any
action.
Members shall serve without compensation. Committee meetings or subcommittee meetings of the
Committee may be called by the Chairman or by written notice signed by ten (10) members of the
Committee. Additionally, the Committee may call a meeting to be conducted at a future date. All
meetings are public and shall be conducted in accordance with the "Sunshine Law" of the State of
Florida.
Sec. 2.23.5 KNOWLEDGE AND EXPERIENCE: The members ofthe voting Committee shall
have knowledge of and interest in transportation and parking and their impact on the City of Miami
Beach. The members of the Board shall be officially designated by their respective organization,
and letters certifying that designation shall be forwarded to the Miami Beach City Clerk.
SUPPORTING DEPARTMENT:
Parking.
* * *
48
Sec. 2.24
YOUTH CENTER ADVISORY BOARD
Sec. 2.24.1 There is hereby established the Youth Center Advisory Board whose purposes, power
and duties, composition, membership qualification and general governing regulations are as follows.
Sec.2.24.2 PURPOSE: The Board shall be charged with the duty and responsibility to act in an
ADVISORY capacity to the Commission, City Manager and Director of Parks and Recreation in
matters pertaining to recreational and operational functions of the City of Miami Beach Scott Rakow
Youth Center.
Sec. 2.24.3 POWERS AND DUTIES: Said Board shall cooperate with other governmental
agencies and civic groups in the advancement of sound recreation planning, operation, and
programming. The Board shall be purely advisory and recommendatory regarding the programs and
services of said youth center.
Sec. 2.24.4 COMPOSITION: Said Board shall consist of twelve members. nine (9) of whom
shall be voting members~ as follows:
* Seven (7) 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.
* Two (2) at-large appointments.
Two (2) student resident users of the facility shall serve as non-voting ex-officio members7.;...6Qne
(I) of these student users must attend a middle school, and the other must attend a high school.
The Director ofthe Office of Children's Affairs shall serve as a non-voting ex-officio member.
The Chairperson of the Youth Center Advisory Board or his/her designee shall serve as a non-voting
ex-officio member of the Recreational Centers and Parks Facilities Board (to be renamed the "Parks
and Recreational Facilities Board").
Sec. 2.24.5
KNOWLEDGE AND EXPERIENCE: See "Composition."
SUPPORTING DEPARTMENT:
Recreation, Culture and Parks.
* * *
49
SECTION 2.
HEAL TH FACILITIES AUTHORITY : LEGISLATIVE
AMENDMENTS
That City of Miami Beach Ordinance No. 90-2701, Sections 3(b), (c) and (d), and 4
thereof, as well as City of Miami Beach Ordinance No. 91-2738 and 92-2776 be repealed. Section
3(a) of City of Miami Beach Ordinance No. 90-2701 shall be amended to read as follows:
Section 3. Creation of City of Miami Beach Health Facilities Authority and
Membership.
(a) Creation. The City of Miami Beach Health Facilities Authority is
hereby created and established and in accordance with Section 154.207, Florida
Statutes, is constituted a public instrumentality. the exercise by the Authority of the
powers conferred by State law shall be deemed and held to be the performance of an
essential public function. Powers. duties. composition and attendance requirements
of the Health Facilities Authority are set out specifically in the City of Miami Beach
Ordinance entitled "Agencies. Boards and Committees".
SECTION 3. MARINE AUTHORITY: LEGISLATIVE AMENDMENTS
That Miami Beach City Code Sections 7-18 through and including 7-23 are hereby repealed,
and that City Code Section 7-17 is hereby amended to read as follows:
Sec. 7-17. Marine authority - Created; composition.
The city's Marine Authority is hereby created and established. The marine authority
shall consist offftre six members, five voting members appointed by the eity mana-gcr
'vvith the ftPl're\al ef the city commission at large. and one non-voting ex-officio
member who shall be a representative of the Miami Beach Marine Patrol. Powers.
fI:fttl duties. composition and attendance requirements of the Marine Authority are set
out specifically in the City of Miami Beach Ordinance entitled "Agencies. Boards
and Committees".
50
SECTION 4.
PERSONNEL BOARD: LEGISLATIVE AMENDMENTS
That Section 83 of the Related Laws of the City of Miami Beach is hereby amended in
relevant part to read as follows:
Section 83. Personnel Board
* * *
From and after August 1, 1955 the Personnel Board shall consist of ten (10)
members, of whom six (6) shall be citizens of Miami Beach not in the employ of the
City, each having a different vocation, the term "vocation" as used herein meaning
the principal means of livelihood of the member. At least one citizen must be-tt
certified pttblie aceoumflftt flftd Mother fflU3t work in the field of human resources.
They shall be appointed by the votes of 517ths of the City Couneil Commission and
shall be voting members. The five ill.. voting members who are in office on August
1, 1955 shall continue in office as voting members until August 1, of the last calendar
year in the term for which such member was appointed, and until a successor is
appointed. The vacancy caused by the increase in membership on August 1, 1955
should be filled by an appointment for a term of five (5) years commencing August
1, 1955. Thereafter, at the expiration of the terms of such members, the vacancy so
caused shall be filled by appointment for a term of five two ill years commencing
August 10f the year in which the vacancy as a result of such expiration of term
occurs. . . .
* * *
TOURIST AND CONVENTION CENTEREXP ANSION AUTHORITY:
LEGISLATIVE AMENDMENTS
That Miami Beach City Code Chapter 41 entitled "Taxation", Article VII thereof entitled
"Tourist and Convention Center Expansion Authority" is hereby amended in relevant part to read
as follows:
SECTION 5.
Sec. 41-72. Authority created.
There is hereby created and established pursuant to S212.057, Fla. Stat., an authority
and instrumentality of the City of Miami Beach to be known as the Miami Beach
Tourist and Convention Center Expansion Authority (hereinafter "Authority").
Powers. duties. composition and attendance requirements of the Tourist and
Convention Center Expansion Authority are set out specifically in the to City of
Miami Beach Ordinance entitled "Agencies. Boards and Committees".
* * *
51
Sec. 41-74. Governing Body.
(a) Composition. The authority shall consist of eleven aD voting
members; each commissioner and the mayor shall appoint one ill member and four
ill members to be appointed at-large. said four (4) members to be composed as
follows: one (1) civil engineer. one (1) contractor. one (1) accountant. and one (1)
attorney. The city manager of the City of Miami Beach, Mayors of Dade County,
Surfside, and Bal Harbour, shall be non-voting ex officio members. The authority
may appoint, by a majority vote, non-voting ex officio member(s) to assist them in
fulfilling their de[med purposes.
(b) Qualifications. Etteh member of the Mtthority shall be a duly qualificd
elector of Dooc County and The City affiliation requirement for membership shall
be fulfilled in either of the following ways: (a) an individual has been a resident of
Miami Beach for a minimum of two (2) years. (b) an individual can demonstrate
ownership/interest for a minimum of two (2) years in a business established on
Miami Beach for a minimum of two (2) years. Exception to: (a) and (b) shall be
permitted if the Authority 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 (a) and/or (b). Each member shall be of outstanding
reputation for integrity, responsibility, and commitment to serving the community.
Memberg ghall be geleeted from the totlfist Md h03pitality indu3tries doiRg bU3iRess
'v"iithin the Cit) of Miami Deaeh. Before entering upon the duties of office, each
voting member on the authority shall take the prescribed oath of office. Members of
the authority shall serve without compensation but shall be entitled to
reimbursement, to the extent permitted by law, for necessary expenses incurred in the
discharge of their duties.
(c) Appointment and Term of Members; Filling Vacancies. The members
of the authority shall be appointed by the city commission. The Mayor and each city
commissioner shall appoint one (1) member to the authority and the city commission
shall appoint four ill members at-large. The initial appointment of members at-large
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 ill years and such terms shall run eOficurrcmly on a
staggered basis. No two ill members shall be connected or have any financial ties
with the same business entity. Vacancies shall be filled by the city commission,
mayor or commissioner for the unexpired period in the same manner as the original
appointment for which the vacancy exists. Members shall serve until the expiration
52
of their terms or until successors are appointed. Non-voting ex officio members,
other than those expressly enumerated in subsection (a) above, shall be appointed by
a majority vote ofthe authority. Non-voting ex officio members may be appointed
for a term not to exceed the term of the authority members.
(d) 1" Removal of Members. The voting members shall serve at the
pleasure of the city commission. Any member ofthe authority may be removed from
office by four-sevenths vote of the city commission. A votifig member sftall bc
removed ifhc or SftC fai13 to attend three eofisccutivc meetings. With the exception
of ex officio member(s) set forth in subsection (a) above, non-voting ex officio
member(s) shall serve at the pleasure of the authority. Any non-voting ex officio
member of the authority, with the exception of the enumerated ex officio members
set forth in subsection (a) above, may be removed from office by a majority vote of
the members which shall in any event be no less than four members.
2. Attendance. In the event that any member of the authority
fails to attend three regularly scheduled meetin~s or 25% per year for scheduled
meetings. whichever is greater. said member shall be automatically removed.
During meetings. a standard sign-in register must be completed by members
of the authority. If there is not a quorum to conduct authority business. attendance
and absences must be recorded.
Attendance will be recorded when an individual arrives within 30 minutes of
the scheduled meeting time and remains for at least 70% of the meeting.
* * *
(f) Organization. The chairperson and vice-chairperson shall be elected
by the authority from its members. The chairperson and vice-chairperson shall serve
for a period of two years and must be members of the authority. The authority sftall
dcsignate a secrctary "v\'fl:O shall be a voting membcr of the tltlthority. The executive
director for the authority shall be the budget director for the city of Miami Beach or
some other designee of the city manager from his her office. The executive director
shall have general charge of the work of the authority and shall direct the
enforcement of all policies and directives of the authority. The director shall
maintain and keep the records of the authority and shall be responsible for causing
minutes of all authority meetings to be recorded, transcribed and maintained.
* * *
53
SECTION 6.
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 ofthis 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 7. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any (' ~)urt of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 8.
REPEALER.
All resolutions, ordinances, or other City legislation including but not limited to the
following, in conflict herewith be and the same are hereby repealed:
Miami Beach City Code Section 2-1.3, Section 2-1.3.1, Section 2-1.4, Section 2-46, Section 7-18
through and including 7-23, Section 17B-16 and Section 17B-17; City of Miami Beach Resolution
Nos. SNID No. 2-88-1, SNID No. 2-88-2, 1103,9234, 10145, 10579, 11603, 74-14475, 74-14487,
75-14889,76-15213,77-15512,78-15642, 80-16303, 84-17627, 84-17744, 85-18016, 85-18071,
90-19897,91-20221,91-20354,92-20440, 92-20464, 92-20512,92-20518,92-20545,92-20638,
93-20698,93-20871,93-20874,93-20875,93-20908,93-20957,94-21387,95-21590,95-21643,96-
21904; and City of Miami Beach Ordinance Nos. 88-2606, 88-2607, Sections 3(b), (c) and (d) and
4 of Ordinance No. 90-2701, 91-2738, 92-2776, 93-2887, 94-2900, 94-2916 and 96-3060.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall take effect the 1st day of January, 1998.
PASSED and ADOPTED this 2nd day of July,
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
]:~o rMch-
CITY CLERK
(Motion made by Mayor Seymour Gelber)
f: \atto \$all \shei 1 a \abc .ord
(As Amended May 7, 1997, June 12, 1997. and July 2, 1997.)
11J.~' 7/f1'J
City Attorney
54