Loading...
HomeMy WebLinkAboutMTC O-13965City of Miami l i , J'f Legislation Ordinance: 13965 File Number: 8431 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/11/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY"; MORE SPECIFICALLY, BY AMENDING SECTION 2-887 OF THE CITY CODE, TITLED "QUORUM REQUIREMENTS; EXCEPTIONS", AND SECTION 2-892 OF THE CITY CODE, TITLED "SUNSET REVIEW OF BOARDS"; FURTHER, ADDING A NEW DIVISION 26, TITLED "MIAMI TECHNOLOGY COUNCIL"; STATING THE COUNCIL'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, COMMITTEES, QUORUM, BUDGET, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, OTHER NECESSARY PROVISIONS, AND PUBLIC NOTICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Jeffrey Watson WHEREAS, the role of technology -centered enterprises, jobs, and services (collectively, "Enterprises") has grown tremendously over the past thirty (30) years; and WHEREAS, the City of Miami ("City") recognizes its role as an international city and desires to make itself more economically diverse and competitive on a global scale through the promotion of these Enterprises and the growth of employment opportunities for residents that result; and WHEREAS, the City Commission finds that the creation of a council to be known as the "Miami Technology Council" will create a community council that can recommend incentives for and attract investments from the Enterprises resulting in more economically beneficial businesses and employment opportunities for City residents; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 10 File ID: 8431 (Revision: A) Printed On: 212212021 File ID: 8431 Enactment Number: 13965 Section 2. Chapter 2/Article XI/Division 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is further amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-887. Quorum requirements; exceptions. (a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The decision of a majority of the board members present and voting at a meeting at which a quorum is present shall be the decision of the board. (b) The following boards are subject to quorum requirements as provided for elsewhere in this Code. Audit Advisory Committee Bayfront Park Management Trust Downtown Development Authority Equal Opportunity Advisory Board Mayor's Council on Global Competitiveness Miami Technology Council Miami Commission on the Status of Women Miami Forever Bond Program Citizens' Oversight Board Parks and Recreation Advisory Board Street Codesignation Review Committee Urban Development Review Board Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (1) By February 15 of the year in which a board is to be reviewed, the city manager shall deliver to the city commission the report submitted by the chairperson of each board ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 pursuant to section 2-890 hereinabove, together with any recommendation or comments the city manager desires to submit. (2) During the month of March of each year in which a board is to be reviewed, the chairperson shall make an oral presentation to the city commission. Said presentation shall be based on the report set forth in section 2-890 above. At the conclusion of the oral presentation by the board's chairperson, any individual commissioner may request the formation of a special purpose board, (hereinafter referred to as the "SPB"), consisting of five members appointed by the city commission. The SPB shall evaluate the chairperson's report, the city manager's recommendations and any other information it deems relevant to determine whether the board being reviewed shall continue in its present form. The SPB shall make a report to the full commission within 90 days. (3) At the conclusion of this review process, the city commission shall determine whether to abolish, continue, consolidate or modify the board for the ensuing four years thereafter. Nothing contained herein shall be construed to authorize the abolition, consolidation or modification of any multijurisdictional board. (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: a. 1995: 1. Bayfront Park management trust. 2. Citywide community development advisory board. 3. Civil service board. 4. Code enforcement boards. 5. Equal opportunity advisory board. b. 1996: 1. Committee on ecology and beautification. c. 1997: 1. Reserved. 2. Audit advisory committee. 3. Urban development review board. 4. Nuisance abatement board. d. 1998: 1. Historical and environmental preservation board. 2. Waterfront advisory board. 3. Community relations board. e. 1999: 1. Little Havana Special Events District. 2. Commercial solid waste management advisory committee. f. 2000: 1. Commission on the status of women. 2. Virginia Key Beach Park trust. g. 2002: 1. Reserved. 2. City of Miami arts and entertainment council. h. Reserved. i. 2003: 1. Mayor's Council on Global Competitiveness. j. Reserved. k. Reserved. I. 2010: City of Miami Page 3 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 1. Overtown Advisory Board/Overtown Community Oversight Board. 2. Liberty City Community Revitalization Trust. 3. Education advisory board. 4. Planning, zoning, and appeals board. m. 2011: 1. Parks and recreation advisory board. n. Reserved. o. 2013: 1. Housing and commercial loan committee. p. 2016: 1. Stars of Calle Ocho Walk of Fame celebrity and community recognition advisory committee. q. 2019: 1. Senior citizens' advisory board. r. 2025 1. Miami Technology Council (5) All boards created after the effective date of this division shall be placed in the appropriate area under subsection (4) herein above and shall be reviewed in accordance therewith. Section 3. Chapter 2/Article XI of the City Code is further amended to add a new Division 26 as follows:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 26. MIAMI TECHNOLOGY COUNCIL Sec. 2-1360. Miami Technology Council Created. A community recommendation council of the City to be known as the "Miami Technology Council" is hereby created and established. Use of the term "Council" in this Article shall mean the Miami Technology Council. Sec. 2-1361. Purposes; Powers and Duties. (a) Purposes. The Council shall: Hold public hearings to receive public and expert input and provide such information obtained to the Mayor, City Commission, and City Manager; City of Miami Page 4 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 Make recommendations for planning and implementing the City's national and international policies for the purposes of stimulating the development of new high- technologv industries and employment opportunities and expanding the City's tax base through the promotion of new clusters of technology -based businesses and enterprises along with investment in new and small City -based businesses in accordance with applicable federal, state, and local laws and any bylaws adopted by the Council; Make recommendations for planning, implementing, and coordinating all of the technologv-centered and technology -based enterprise promotions and investments within the City limits; and (4) Assist with coordination for national and international technologv-promotion and technology -centered investment events pursuant to the standards and practices adopted by the Council and in accordance with applicable federal, state, and local laws. Powers and duties. Subject to reasonable notice to the City Commission, the Mayor, and the City Manager and applicable requirements of federal, state, and local laws, the Council shall: (1) Encourage the fullest and most active participation and cooperation of private enterprise by actively soliciting contributions and financial support from private business interests and any other governmental authorities for national and international technoloav promotion and tech noloav-based economic development within the Citv's limits (2) Make recommendations regarding purchases and sales of services for national and international trade promotion and business development and for the creation of Council - sponsored conferences, trade shows, and trade missions on behalf of the City: (3) If the Council so choses and in accordance with federal and state requirements for not -for profit organizations, assist with organizing and maintaining a separate, non-profit Section 501(c)(3) corporation under the U.S. Internal Revenue Code for the purpose of seeking funding from outside sources for projects within the City's limits; Create, coordinate, and manage policies and procedures for events related to the Council's purpose; Make recommendations to the Mayor, the City Commission, and the C Manager regarding technology -based development within the City's limits; Make recommendations to the Mayor, the City Commission, and the City Manager regarding capital projects within the City's limits for which the economic development portion of Affordable Housing and Economic Development Miami Forever Bonds funding should be considered. M Prepare an annual budget and, if necessary, any supplemental budgets thereto, all to be presented to the City Commission for approval. City of Miami Page 5 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 (c) The City Manager shall retain sole authority to execute contracts and agreements, all in forms acceptable to the City Attorney, on behalf of the Council subject to the limitations of the City Charter and the City Code, prior budgetary approval, and Council approval. Any resolution of the Council making recommendations to the City Commission shall be placed on the next feasible City Commission agenda as a discussion item. (e) Notwithstanding any provisions to the contrary, the Council shall exercise only such powers and duties as are granted pursuant to this Article. Sec. 2-1362. Composition; Appointment and Terms of Office of Members; Filling of Vacancies. (a) Composition and Qualifications. The Council shall consist of eleven (11) members who shall either be City residents, work in the City, own a business in the City, or own real Property in the City. All members shall be invested in the City and shall serve without compensation. In addition: At least one (1) member shall possess an expertise in one (1) or more fields of technology with a focus on development of technologies, technology businesses, educational structures/opportunities related to technologies, or economic development related to technologies; At least one (1) member shall possess an expertise in community and real estate development; At least one (1) member shall possess an expertise in one (1) or more of the following areas: financings of emerging technologies, creation of Mobs in emerging technologies, or necessary community assets/infrastructures (physical and/or organizational) for the development of technological hubs in a community; At least one (1) member shall possess an expertise in technology management; At least one (1) member shall possess an expertise in economics; and At least one (1) member shall possess an expertise in advocating for vulnerable low- income communities. Appointment of Members. The eleven (11) members shall be appointed to the Council as follows: Each of the five (5) City Commissioners shall appoint one (1) member. The Mayor shall appoint three (3) members. The Mayor may appoint himself/herself as one (1) of his/her appointed members. The Mayor may make recommendations for at -large members. The City Commission shall appoint three (3) at -large members and is not bound by the Mayor's recommendations. No alternates shall be appointed. City of Miami Page 6 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 (c) Term. The terms of office shall be as provided in Section 2-885 of this Code. Minimum Attendance Requirements. The minimum attendance requirements as provided in Section 2-886 of the City Code shall apply. (e) Removal. The Mayor and each City Commissioner shall have the power to remove, at any time, his/her appointees without a finding of cause. The City Commission shall have the power to remove, at any time, the at -large member by a majority vote of the City Commission without a findinq of cause. Resignation. Members may resign by submitting a signed letter of resignation to the City Clerk. The City Clerk shall immediately notify the appointing official of the vacancy. It shall be the obligation of each Council member to notify the City Clerk if the member ceases to meet the qualification criteria set forth in Subsection (a) above. L(:L Vacancies. In the event a vacancy occurs on the Council, whether automatically, by vote of the City Commission, by removal by the Mayor or the City Commissioner who appointed such member, by resignation of the member, or for any other reason, the Mayor for Mayoral appointees and the City Commissioner for their respective appointees may appoint a qualified person to fill the remaining term of the vacant position. Only notice of such appointment by the appointing City official on the agenda of the next regularly scheduled meeting of the City Commission or as soon as practicable thereafter is required and no action is required of the City Commission except for the at -large member. All such appointments shall be consistent with the membership requirements stated in Subsection (a) above. Waiver. The City Commission shall have the power to waive any of the requirements of Subsection (a) above by four -fifths (4/5) vote of the members of the full City Commission. Sec. 2-1363. Officers and Committees. (a) The Mayor or his/her appointed member shall be the Chairperson of the Council. (b) At the initial organizational meeting, the members of the Council shall select and designate a Vice -Chairperson from among the members of the Council who shall serve at the pleasure of the Council. (c) Committees. The Chairperson shall reserve the right to appoint an executive committee and to delegate tasks to various committees of the whole. The Chairperson may establish committees from time to time. Decisions of all committees are subiect to ratification by majority vote of the Council. Sec. 2-1364. Meetings: Parliamentary Authority: Rules and Regulations: Quorum; Telephonic and Virtual Attendance. (a) Procedure. The Council may adopt its own order of business, rules of procedure, and bylaws to govern its meetings and actions not inconsistent with the provisions set forth herein, which shall be filed with the City Clerk. Unless and until the Council adopts its own rules of procedure, it shall follow Robert's Rules of Order (current edition) except that the provisions set forth herein shall control in case of conflict. City of Miami Page 7 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 (b) Notice and Public Participation. All meetings and workshops of the Council and any of its committees shall be noticed and open to the public as required by the State of Florida's Sunshine Law. In addition, the public shall be encouraged to submit oral and written comments to the Council at all meetings. (c) Minutes. The minutes of each meeting and workshop shall be taken by applicable staff and shall promptly be provided to the City Clerk as the official record of each such meeting. Such records shall be open to public inspection. Copies of minutes of all Council meetings shall be furnished to the Mayor, City Commissioners, City Attorney, and City Manager. uorum: Telephonic and Virtual Attendance. A minimum of three (3) of the members shall constitute a quorum for the purpose of convening any meeting. An affirmative vote of not less than two (2) of the members present at any meeting is required for any action to be taken by the Council. Once the quorum is constituted, the remaining members may attend by telephonic or other electronic virtual means and the vote of each such member attending by telephonic or other electronic virtual means shall count as if such member was attending in person. Sec. 2-1365. Annual Budget; Supplemental Budgets; No Conflicts of Interest: No Deficiencies. (a) Procedures. Upon the effective date of the enactment of the Ordinance from which this Division derives, the Council shall establish a Fiscal Year which coincides with that of the City. Within sixty (60) calendar days following the effective date of the enactment of the Ordinance from which this Division derives, the Council shall submit to the City Commission, in a form acceptable to the City Manager, a mandatory annual budget for adoption and ratification by majority vote of the City Commission. Nothing contained herein shall be construed to prohibit the Council from submitting, from time to time, one or more supplemental budgets to the City Commission for approval as necessary. All budgeting and expenditures shall comply with the City Code, federal, state, and local laws for governmental budgeting and expenditures, including the City's procedures for acquisition of goods and services and the City's Financial Integrity Principles. (b) Expenditures. No expenditures shall be made in any given year without approval by the City Commission of the Council's budget for that fiscal year and all supplements thereto. In addition, the following shall apply: Expenditures shall primarily be made for the engagement of experts and consultants to provide analyses, reports, recommendations, and other resources or to implement programs to help the City, its residents, businesses, and the Council adapt to and prepare for technology changes of the types outlined in the Council's purposes above. No more than ten percent (10%) of the Council's budget shall be used to reimburse members or City employees for attendance at various conferences, seminars, and events. Members shall comply with the State of Florida's Sunshine Law when attending such conferences, seminars, and events. (c) No Conflicts of Interest. Members shall comply with the Conflict of Interest provisions of the City Code, the Conflict of Interest and Ethics Ordinance of Miami -Dade County, and all other laws that may apply when preparing the annual budget and expenditures of the City of Miami Page 8 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 Council and when the Council is voting on agreements and contracts for matters to be undertaken by the Council. (d) No Deficiencies. No provision contained in this Division shall be construed to violate the Anti -Deficiency Act as set forth in Sections 18-500 to 18-503 of the City Code. Sec. 2-1366. Annual and Quarterly Reports; Disclosures and Compliance. (a) Annual Report. The Chairperson shall submit an annual report to the City Manager on January 15 of each year pursuant to Section 2-890 of the City Code. (b) Quarterly Report. The Council shall submit reports to the Mayor, City Commission, and the City Manager and shall present the findings and recommendations of said reports at a meeting of the City Commission on at least a quarterly basis. (c) Copies. Copies of the Council's reports shall be provided to the City Clerk and made available online. (d) Disclosures and Compliance. All members are subject to all disclosures and compliance required by the City Code, Miami -Dade County Code, and the laws of the State of Florida. Sec. 2-1367. Leaal Counsel The Office of the City Attorney shall provide an attorney to serve as legal counsel to the Council and shall provide legal advice on all matters considered by the Council. Sec. 2-1368. Liaisons to Council and Assignment of Staff. Notwithstanding any provisions to the contrary contained in the City Code, the City Manager shall designate the Administration's liaison to the Council, at least one (1) of which shall be from the City's Department of Innovation and Technology. It shall be the duty of the City Manager to provide administrative support to the Council, which shall include the services of an individual to maintain Council correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary administrative support functions. In addition to any administration liaisons assigned to the Council, the City Manager shall designate representatives from the Departments of Housing and Economic Development and Finance and the Offices of Management and Budget and City Manager to attend all meetings. Upon the Council's request, the Mayor and the City Manager may also participate in deliberations of the Council and may offer technical and policy advice. Secs. 2-1369-2-1379. Reserved." Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 2 If the Mayor does not sign this Ordinance, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 9 of 10 File ID: 8431 (Revision: A) Printed on: 212212021 File ID: 8431 Enactment Number: 13965 APPROVED AS TO FORM AND CORRECTNESS: Vft6ria-ITdd'z, Cify Attor iey 1/512021 ria ` dez, Cify Attor I iey 212/2021 City of Miami Page 10 of 10 File ID: 8431 (Revision: A) Printed on: 212212021