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HomeMy WebLinkAboutBack-Up from Law DeptARTICLE VI. - VIRGINIA KEY BEACH PARK TRUST Sec. 38-230. - Virginia Key Beach Park Trust created. A limited agency and instrumentality of the city to be known as the "Virginia Key Beach Park Trust" is hereby created and established. Use of the term "trust" in this article shall mean the Virginia Key Beach Park Trust. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-231. -jurisdictional authority. The Trust shall exercise the powers and duties set forth in this chapter over the land area described in "Attachment A," attached hereto and incorporated herein. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-232. - Purpose; powers and duties. (a) Purpose. The trust, in cooperation with the department of parks and recreation and other city departments, shall be guided by its vision to preserve the Historic Virginia Key Beach Park (the "park") property in a manner consistent with the environmental health, public use, historical importance of the park and the aspirations of the African American community and shall propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the park as an open greenspace compatible with its historical and recreational characteristics and accessible to the public. The trust shall endeavor to promote activities and functions at the park consistent with this purpose and with the nature of the park. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the trust shall be empowered to take all actions necessary including, but not limited to, activities which: (1) Protect, preserve, advocate for and ensure the retention of the deed restriction imposed upon the property known as Old County Park when deeded to the City of Miami by Miami - Dade County, which ensures public access and restricts the "land" to public park uses; (2) Assist and advise the city commission, the department of parks and recreation, other departments and other public officials and entities concerning the park; (3) Promote, oversee and assist in the activities of private persons and other organizations concerned for the park, and develop increased public awareness, use, and interest in Historic Virginia Key Beach Park; (4) Assist in providing services, group tours, and information to visitors of the park, environmental and historical education, food, cultural and recreational activities and other special events; (5) Increase public consciousness about the historic and environmental significance of the park and assist in the park's application for historic designation locally, within the state and nationally; (6) Solicit and accept grants, contributions and financial and non -financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; (7) Establish partnerships and associations with other entities for the purpose of collecting and preserving historical data, memorabilia, artifacts and other material in furtherance of the trust's purpose; (8) Implement full and active participation and cooperation with public and private entities in furtherance of the trust's purpose and the desires of the community; promote the stabilization, preservation, and restoration of existing structures; conduct land and archeological surveys; and establish historic marker designations of lost or removed structures and equipment located at the park; (9) Participate in any other fundraising activity, whether solely involving the trust or involving partnerships with other persons or public or private organizations, which furthers the trust's purpose. (c) Notwithstanding any provisions to the contrary, the trust shall exercise only such powers as are granted pursuant to this article. (Ord. No. 12003, § 3, 12-14-00; Ord. No. 12857, § 2, 10-12-06) Sec. 38-233. - Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Composition and appointments. The trust shall consist of nine (9) members comprised as follows: (1) One (1) member appointed by the mayor; (2) Five (5) members appointed by the city commission, with each commissioner nominating one individual; (3) Three (3) at -large members initially nominated by the existing or former members of the Virginia Key Beach Advisory Board and subsequently nominated by a majority of the existing members of the trust and confirmed and appointed by the city commission; (4) The trust members shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: natural and environmental sciences, historic preservation and restoration, history of the Old County Park on Virginia Key, architecture and engineering, planning and land use law, administration and fiscal management, recreation and cultural endeavors, public relations and marketing, and park management and programs. (b) Terms of office and vacancies. Each member shall be appointed by the mayor or city commission for a term of two years or until the mayor or nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the remainder of the unexpired term. No member shall serve more than eight consecutive years on the trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (1) The eight -consecutive year limitation contained in this subsection may be waived for a particular trust member who has completed eight consecutive years to permit such board member to be reconsidered annually for an additional one-year term by a unanimous vote of the members of the city commission. (c) Membership eligibility requirements. (1) Each member of the trust shall reside, work, own real property or maintain a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community and have a demonstrated interest in the future of the park and in implementing the vision of the Trust and of the Public Planning Charrette. Appointed members are expected to participate actively in the functioning of the trust. the chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. (2) Unless the city commission by four -fifths vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation waives the requirement that trust members either reside in the city, own real property in the city or maintain a business in the city, any member of the trust who ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall inform the city commission and the trust whenever a trust member has ceased to be in compliance with said membership eligibility requirements and the trust member shall be automatically removed from the trust. The city clerk shall then inform the city commission in writing that the position has been declared vacant. Upon being advised by the city clerk of such circumstances, an appointment to fill the vacancy shall be made in accordance with subparagraph (b) hereinabove. (3) No member of the trust shall become a candidate for elective political office during his or her term. Should any member of the trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the trust. (4) No employee of Miami -Dade County, Florida, or any municipality therein other than city employees, shall serve on or be appointed to the trust. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the trust shall assume the duties of a member of the trust, but before doing so, shall take the oath prescribed by section 41(e) and (f) of the City Charter. (e) Quorum and voting. At all meetings of the trust, a majority of the then appointed members shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the trust. The members of the Trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park. (f) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the trust shall be public. Written minutes of the proceedings of all actions taken at the meeting of the trust shall be maintained by the trust and shall be promptly and properly recorded and submitted to the city clerk. (g) Attendance requirements. (1) A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three consecutive meetings; or (b) he or she is absent from four properly noticed meetings within eight -month period without an excused absence. (2) The provisions of this subsection shall not apply to those individuals who are members of city boards and who are (1) reservists in the United States Armed Forces or members of the Florida National Guard, and have been ordered to active military duty for national, state, or homeland defense and due to such duty cannot attend board meetings, or (2) employees of agencies whose services are considered essential for national, state, or homeland defense and due to such services cannot attend board meetings. (h) Indemnification. The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the members in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. (Ord. No. 12003, § 3, 12-14-00; Ord. No. 12201, § 1, 3-14-02; Ord. No. 13065, § 2, 5-14-09; Ord. No. 13170, § 3, 5-13-10) Sec. 38-234. - Executive director; appointment, term, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the trust subject to city commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the trust shall submit monthly written status reports on the trust's operations and expenses to the city commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the trust, and approved by the city commission. The executive director shall take an oath before assuming any duties. The executive director shall act as the chief executive officer of the trust. Subject to the policy directives of the trust, the executive director shall have general supervision over and be responsible for the management and operation of all trust activities, and facilities. The executive director shall execute all contracts on behalf of the trust after approval by the trust. The executive director shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the management, operation, and maintenance of the park, and the financial condition of the trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the park and to the trust as may be required by the trust or the city. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the city commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-235. - Employment of assistants. Subject to the policy directives of the trust and budget limitations, the executive director may employ such assistants as are necessary to provide for the efficient operation of the trust. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-236. - Counsel. The city attorney's office shall provide legal services to the trust as may be necessary and requested by the trust. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-237. - Approval of budget. (a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the city. The trust shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year, a trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the trust budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the trust shall submit a master plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from the date of its submission by the trust. (d) No provision contained in this article shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500 through 18-503 of this Code. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-238. - Annual report and audit. (a) The trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the trust at any time. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-239. - Charge for rental of park or use of park equipment. A charge for rental of the park or equipment use is hereby assessed on all private promoters of events or activities held at the park. Revenues from such charge shall be used to partially defray operational costs of the park. Notwithstanding any Charter or Code provision to the contrary, the trust, after consultation with the city manager, shall establish apportioned or unapportioned user fees for use of the park or park equipment. These charges shall not be applicable for those events for which contractual relationships preexist this article which have been approved by the city manager or designee. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-240. - Reservation of park use. The park shall be reserved for community use 50 percent of the days of each fiscal year. An additional 30 days each year are reserved for use by the trust, unless the trust has existing commitments for scheduled events on the requested day(s). The trust shall be empowered to waive the park rental fee during portion(s) of such 30-day period when the park user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c)(3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for cultural charitable, scientific, environmental historical, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-241. - Authorization of the trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs; issuance of permits for special events which require extraordinary security measures or extraordinary amplification, prohibited. (a) Notwithstanding any provision in this Code to the contrary, the trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by the trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in section 38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers at the park. (b) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit form. (c) No such permits shall be issued in connection with events of the type which requires extraordinary security measures or extraordinary amplification. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-242. - Abolition of trust. The city commission, by an affirmative vote of three commissioners, may abolish the trust, at which time the powers and duties of the trust shall revert to the city and the city shall resume responsibility for the maintenance, operation and management of the park. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-243. - Operation of vessels, boats, and other watercraft in marked swimming area, bathing area, or exclusion/safety zone of Historic Virginia Key Beach Park. (a) An exclusion/safety zone and "no wake zone" has been established for the designated waters of and off of Historic Virginia Key Beach Park pursuant to subsection 38-60(b). (b) No person shall operate any motorized vessel, motorized boat, or other motorized watercraft within a swimming area, bathing area, or exclusion/safety zone area within the Historic Virginia Key Beach Park beach area which has been clearly marked by duly authorized buoys or other alternative permitted regulatory markers. Hand -propelled or foot -propelled vessels without motors and other hand -propelled or foot -propelled watercraft without motors, such as canoes, kayaks, surf boards, sail boards, kite boards, and wind -surfing boards, are permitted to be operated in a safe manner within such designated swimming area, bathing area or exclusion/safety zone within the Historic Virginia Key Beach Park beach area. (c) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and (3) Indemnify the Virginia Key Beach Park Trust, the city and their respective officers, directors, and employees for such waiver. (4) The provisions of this section shall not apply to a "special event" (as defined in section 38-74 and section 54-1) for which a special events permit is obtained from the executive director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) Sec. 38-244. - Speed of vessels, boats, and other watercraft off Historic Virginia Key Beach Park. (a) No person shall operate any vessel, boat or other watercraft off the waters of Historic Virginia Key Beach Park at a speed greater than five miles per hour within 100 feet of any person in the water. (b) No person operating a boat, vessel or other watercraft off any part of Historic Virginia Key Beach Park beach area shall engage in a race or contest of speed with another boat, vessel, or other watercraft at any time. (c) The provisions of this section shall not apply to races or regattas when the city commission has given permission for such races or regattas to be held. (d) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and (3) Indemnify the Virginia Key Beach Part Trust, the city, and their respective officers, directors, and employees for such waiver. (e) The provisions of this section shall not apply to a "special event" (as defined in section 38-74 and section 54-1) for which a special events permit is obtained from the Executive Director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) State Law reference— Reckless or careless operation of vessels, F.S. § 327.33. Sec. 38-245. - Careless operation of vessel, boat or other watercraft. Every person operating or navigating any vessel, boat or other watercraft in, on or under the waters off Historic Virginia Key Beach Park shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, current, closeness to swimmers, bathers, water skiers and other boats, vessels and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel, boat or other watercraft in such a careful and prudent manner shall constitute careless boating and a violation of this section. (Ord. No. 13004, § 4, 6-12-08) State Law reference— Similar provisions, F.S. § 327.33; operating a vessel under the influence of drugs or alcohol, F.S. § 327.35 et seq. Sec. 38-246. - Operation or use of towed flying devices, towed sailing devices or towed parachutes near beaches. (a) It shall be unlawful for any person to tow or manipulate any person attached to any towed flying or towed sailing device or towed parachute through or over an area within 500 feet each side of the water's edge of the Historic Virginia Key Beach Park beach area below an altitude of 500 feet above the surface of the water. (b) It shall be unlawful for any person to operate, engage in, be a passenger in or control any towed flying device, towed sailing device, or towed parachute carrying a person through or over an area within 500 feet each side of the water's edge of the Historic Virginia Key Beach Park beach area below an altitude of 500 feet above the surface of the water. (c) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and (3) Indemnify the Virginia Key Beach Park Trust, the city and their respective officers, directors, and employees for such waiver. (d) The provisions of this section shall not apply to a "special event" (as defined in section 38-74 and section 54-1) for which a special events permit is obtained from the executive director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) Sec. 38-247. - Launching of motorized vessels, motorized boats and motorized other watercraft from Historic Virginia Key Beach Park property. It shall be unlawful for any person to launch any motorized vessel, motorized boat or other motorized watercraft into the waters of and off of Historic Virginia Key Beach Park, unless the launching takes place at a marina, or from a boat ramp provided by Historic Virginia Key Beach Park. (Ord. No. 13004, § 4, 6-12-08) Sec. 38-248. - Establishing an environmental education zone in connection with prohibitions regarding expanded polystyrene products in Historic Virginia Key Beach Park. (a) Legislative intent. The city owns and the Virginia Key Beach Park Trust operates, manages, and strives to preserve the positive environmental qualities of Historic Virginia Key Beach Park, including its recreation facilities, open spaces, trails, parking facilities, bath houses, concession facilities, other amenities, and beaches therein, which are important to the public health, safety, welfare, and economy of the city and the surrounding communities. The city and the Virginia Key Beach Park Trust desire to further preserve the positive environmental qualities of its parks and recreation facilities, including its beaches therein, by encouraging the use of reusable, recyclable, or compostable alternatives to polystyrene containers. (b) Section 38-78 of this Code shall apply to Historic Virginia Key Beach Park and the city manager and the executive director of the Virginia Key Beach Park Trust shall work together to promulgate rules and regulations to enforce and administer the provisions of section 38-78 and this section 38-248 of the Code. (c) An upland "environmental education zone" is hereby established throughout Historic Virginia Key Beach Park to facilitate the education of visitors regarding environmental considerations and the prohibitions regarding expanded polystyrene products and to encourage the use of reusable, recyclable, or compostable alternatives to polystyrene containers. The city manager, the Virginia Key Beach Park Trustees, and the executive director of the Virginia Key Beach Park Trust shall work together to develop educational programs and projects for the environmental education zone. (Ord. No. 13681, § 2, 5-25-17)