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HomeMy WebLinkAboutO-14011City of Miami 4 Legislation Ordinance: 14011 File Number: 9094 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/8/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD;" MORE PARTICULARLY BY AMENDING SECTIONS 2- 1052 AND 2-1053 TO REVISE MEMBERSHIP COMPOSITION AND SELECTION PROCEDURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Jeffrey Watson WHEREAS, the City of Miami ("City") created and established the Overtown Advisory Board/Overtown Community Oversight Board ("Board") pursuant to Ordinance No. 11211 adopted November 8, 1994; and WHEREAS, the Board was established to encourage and support housing, job creation, economic and business development, educational opportunities, and historic and cultural preservation in the Overtown Area; and WHEREAS, the Board's membership composition and selection procedures require amendment to facilitate continued membership and Board activity; and WHEREAS, Sections 2-1052 and 2-1053 of the Code of the City of Miami, Florida, as amended ("City Code"), should be amended to reflect a total of six (6) members, which shall include five (5) voting adult members and one (1) non -voting youth member, all of which shall be appointed; and WHEREAS, the District 5 Commissioner shall appoint four (4) voting adult members and one (1) non -voting youth member; and WHEREAS, the City Manager shall appoint one (1) voting adult member; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Section 2. Chapter 2/Article XI/Division 7 of the City Code is amended in the following particulars:' 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 1 of 6 File ID: 9094 (Revision:) Printed On: 712012021 File ID: 9094 Enactment Number: 14011 "CHAPTER 2 — ADMINISTRATION ARTICLE XI. — BOARDS, COMMITTEES, COMMISSIONS DIVISION 7. — OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD Sec. 2-1052. Membership. (a) Generally. The Overtown Community Oversight Board shall consist off five (5) voting members (other than youth board members), #+ve all of whom shall be alerted- end six ^f v.ghem shall ho appointed, as hereinafter set forth. In addition, there shall be #we -one 1 non -voting youth members of the Overtown Community Oversight Board, eReto be appointed by the commissioner representing district five (b) Qualifications. Members of the Overtown Community Oversight Board shall be persons of knowledge, experience, mature judgment and background, having ability and desire to act in the public interest in order to make informed and equitable decisions concerning the Overtown area. (1) Each person seeking membership on the Overtown Community Oversight Board who is not seeking appointment as a youth board member shall be deemed qualified if he/she is 18 years of age or older, and: a. Resides in the Overtown area; b. Owns property in the Overtown area; c. Is an employee or board member of a community based organization or community development corporation located in or providing services to the Overtown area; or d. Owns or is an employee of a business in the Overtown area. (2) Each person seeking membership on the Overtown Community Oversight Board who is seeking appointment as a youth board member shall be deemed qualified if he/she is more than 14 and less than 19 years of age; and a. Resides in the Overtown area, and b. Attends an accredited educational institution in the Overtown area. City of Miami Page 2 of 6 File ID: 9094 (Revision:) Printed on: 712012021 File ID: 9094 Enactment Number: 14011 ■_ INN". WON (dc) Procedure for appointment of members. (1) The district five city commissioner shall appoint five four 4 members to the Overtown Community Oversight Board; and the mayeF of the -city manager shall appoint one member, all of whom shall be confirmed by the City Commission. In addition, the district five city commissioner shall appoint one youth board member and preference shall be given to qualified youth board member candidates attending Booker T. Washington Senior High School the (DveFt WR G„mm„r;+„ GyeFsight BeaF d shall appOiRt GRe ye ith heard membef. (2) No appointment shall be made by the diStFiGt five Gity GeFFIFrmiccieReF the rvmayeF E)f the `+ity eF the QyeFtGWF1 GGMFFlUF1i+„ GyeFsight Beard until notice has been given in a newspaper of general circulation in the city of the appointments to be made to the City of Miami Page 3 of 6 File ID: 9094 (Revision:) Printed on: 712012021 File ID: 9094 Enactment Number: 14011 Overtown Community Oversight Board at least 30 days prior to the making of an appointment, which shall have solicited and encouraged the public and professional or citizen organizations within the Overtown area having interest in and knowledge of the Overtown area to submit names of persons and their qualifications for consideration as prospective appointees of the Overtown Community Oversight Board. At least ten days prior to the making of any appointment, the district five city commissioner; the�per and city manager the n„er+e,n,r, Gemmi lRity n„ercigh+ Reard shall cause to have available to the public, and shall publicly make announcement, that the list of names thus submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the district five city commissioner,, +ham-maye and the city manager shall give due consideration to the names thus submitted. (3) In addition, the district five city commissioner, +her and the city manager (1"er+n,e,n GOMIT1 IRity n„ercigh+ Rshall, at least ten days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement that the names of prospective appointees submitted by the district five city commissioner, the er and the city manager n„er+e,A,n GGITIM 1r,ity n„ercigh+ Rp;;rd and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership on the Overtown Community Oversight Board whose name and qualifications have not been made publicly available in the manner set out herein. (ed) Terms of office. The members of the Overtown Community Oversight Board shall serve for two-year terms, expiring during the month of September. Notwithstanding the above, members of the board may continue to serve until the city commission's ratification of the rocs il+c of the ele,++ien of new board members #eld following the expiration of a term. (Le) Vacancies. Vacancies in the membership of the Overtown Community Oversight Board shall be filled by the dic+riGt fi„e Gity nemmicciener in the manner set forth in subsection (�4,.,C�),.,f„er appointed momhorc er may be filled a+ the _118-19.1-11dicnro+inn oG.f the dic+rin+ five ni+" herrcFemn. (gf) Removal. Members of the Overtown Community Oversight Board may be removed for cause by vote of not less than three members of the city commission upon written charges after a public hearing, unless the member charged waives such public hearing in writing. However, whenever any member has had within a calendar year, three consecutive absences or four absences within a calendar year from the regularly scheduled meetings, the chairperson of the board shall certify same to the city clerk. The city clerk shall then inform the district five city commissioner and the mayer city manager in writing that the position has been declared vacant and a successor member must be appointed to fill the vacancy, by the dic+rin+ five pity GE)M vmicciGRer (#q) Disqualification of members. If any member has a conflict of interest on a particular matter coming before the Overtown Community Oversight Board, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation whatsoever in the cause; or he/she may be disqualified by a vote of not less than a majority of the votinci membership of the Overtown Community Oversight Board present, not including the member about whom the question for disqualification has been raised. (+h) Assignment of tasks. The city manager shall provide for necessary staffing to assist the Overtown Community Oversight Board. Such staff shall. City of Miami Page 4 of 6 File ID: 9094 (Revision:) Printed on: 712012021 File ID: 9094 Enactment Number: 14011 (1) Provide and perform necessary administrative duties including providing assistance to the Overtown Community Oversight Board regarding the scheduling of meetings of the Overtown Community Oversight Board, preparing agendas, and ensuring that proper notice is provided for such meetings. (2) Work with other city departments, public agencies, and private groups, as required, to provide information to the Overtown Community Oversight Board on activities, developments, or improvements in, or substantially impacting the residents of, the Overtown Area. (3) Submit the adopted minutes of each Overtown Community Oversight Board meeting to the city clerk and the district five city commissioner. (4) Prepare summary reports of board actions for review by the board prior to delivery of the same to the city manager or his/her designee for delivery to the city commission. (5) Review the board's budgets. (6) Coordinate the research, development and preparation of reports and policies for projects initiated by the Overtown Community Oversight Board. (7) Serve as the community liaison between the city, the Overtown Community Oversight Board and the residents of the Overtown area. (8) Channel the issues and concerns of Overtown area residents, businesses and community groups to the attention of the Overtown Community Oversight Board or the appropriate city department for resolution, or to the appropriate public or private agency for action. (9) Reestablish and maintain the Overtown resource directory. (10) Follow through with the implementation of all decisions and actions approved by the Overtown Community Oversight Board. (11) Share information with community organizations and receive input regarding ongoing or proposed projects and activities in the Overtown area. (12) Schedule the use of the Overtown Community Oversight Board facilities by community organizations. (13) Reestablish and coordinate publication and distribution of the Overtown newsletter. (14) Coordinate projects of the Overtown Community Oversight Board with other community organizations and governmental agencies. (15) Coordinate with the Southeast Overtown/Park West Community redevelopment agency to relate its activities to the community and community organizations, public agencies and the private business sector. (16) Coordinate his/her activities and the activities of the Overtown Community Oversight Board with the activities of the Southeast Overtown/Park West Community redevelopment agency and the Overtown NET administrator/NET office. Sec. 2-1053. Proceedings. (a) Officers. The Overtown Community Oversight Board shall select a chairperson and vice - chairperson from among its members to serve for a one-year term and may create and fill such other offices as it may deem necessary or desirable. City of Miami Page 5 of 6 File ID: 9094 (Revision:) Printed on: 712012021 File ID: 9094 Enactment Number: 14011 (b) Rules of procedure. The Overtown Community Oversight Board shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of the City Charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the board and to the public upon request. (c) Meetings. A regular meeting of the Overtown Community Oversight Board shall convene at least once per month, except during the month of August. All meetings shall be open to the public. (d) Voting; quorum. At all meetings of the Overtown Community Oversight Board, a majority of the voting membership (excluding vacancies) shall constitute a quorum. All recommendations of the Overtown Community Oversight Board shall require a concurring vote of a majority of the members present. In case of a tie vote such vote shall be construed as a denial. *11 Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: l i 4nalnd ity Httor iey 5l1812021 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File ID: 9094 (Revision:) Printed on: 712012021