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Home My WebLink AboutO-11652J-98-375 3/27/98 ORDINANCE NO. 116 5 2 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE BROWNFIELDS ADVISORY BOARD ("BAB") AND SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION, FILLING OF VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, pursuant to Resolution No. 98-242, passed and adopted on March 13, 1998, the City Commission designated a Brownfields Redevelopment Area within the City for the purpose of environmental rehabilitation and economic development; and WHEREAS, pursuant to Section 376.80(4), Florida Statutes, the City is required to establish an advisory board for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the Brownfields Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice; and WHEREAS, said board must review and provide recommendations to the City Commission regarding proposed site rehabilitation agreements; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11652 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Establishment. There is hereby created and established a board, to be known as the Brownfields Advisory Board ("BAB"). Section 3. Purpose. The purpose of BAB shall be to ensure effective involvement in an advisory role in the planning, implementation, and annual assessment of the rehabilitation and economic development activities within the areas designated by the City Commission as the Brownfields Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice. Section 4. Composition. (a) BAB shall be composed of seven (7) members and one (1) alternate member to be appointed as hereinafter set forth. s Members of BAB 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 Brownfields Redevelopment Area. Towards that end BAB shall be composed of: (1) three (3) persons who are residents within or reside in an area adjacent to the Brownfields Redevelopment Area; (2) two (2) owners of businesses within the Brownfields Redevelopment Area, who need not be residents of the City; -z- 11652 M (3) two (2) representatives from the private sector with businesses, not necessarily operating in the Brownfields Redevelopment Area, preferably in banking, land development, or real estate, who need not be residents of the City; and (4) one (1) alternate member. Section 5. Terms. Members of BAB shall be appointed for one (1)year terms. A member may be appointed for not more than two (2) consecutive terms. Section 6. Procedure for Appointments. No appointment shall be made by the City Commission to membership or alternate membership on BAB until the Commission shall have given notice in a newspaper of general circulation in the City of the vacancies at least thirty (30) days prior to the making of an appointment, and shall have solicited and encouraged the public and professional or citizen organizations within the area having interest in and/or knowledge of the Brownfields Program to submit names of persons and their qualifications for consideration as prospective appointees or alternate appointee of BAB. At least ten (10) days prior to the making of any appointment, the City Commission shall cause to have available to the public, and shall publicly make announcement of the fact, 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 City Commission shall give due consideration to the names thus submitted. \ 3 - 11652 1, M �I In addition, the City Commission shall, at least ten (10) days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement of the fact, that the names of prospective nominees submitted by members of the City Commission and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on BAB whose name and qualifications have not been made publicly available in the manner set out. Section 7. Qualifications. In reaching a decision on an appointment to a vacancy on BAB, the City Commission shall give due regard to, and be guided by the necessity for representation on the Board, of: (a) Geographical sections and areas of the Brownfields Redevelopment Area; (b) Social, economic and demographic characteristics of the City; (c) Qualifications, background, experience and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership; (d) Prior demonstration by prospective appointees of interest in and concern for the Brownfields Program; (e) Other activity evidencing knowledge and interest in the public purposes of the Brownfields Program; (f) Potential conflicts of interest; (g) Demonstrated maturity and objectivity of judgment; and (h) Needs for expertise, if any, in the membership and alternate membership of BAB. - 4 - 11652 M Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. Except as expressly provided for herein, no person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. Except as expressly provided for herein, no person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the county or any city. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of Sections 2-301 et seq., and no person shall be confirmed in appointment who has not filed the statement required by Section 2-305. In addition, the Code of Ethics and the conflict of interest provisions of Metropolitan Dade County, the State of Florida, and the Federal government shall apply to members and the alternate member of BAB. Section 7. Vacancies. Upon the occurrence of a vacancy, the City Commission shall first consider those individuals who .had previously submitted their qualifications as prospective appointees. In the event the City Commission is -unable to fill the vacancy from amongst those prospective appointees, vacancies in the membership of BAB shall be filled in the manner set forth hereinabove. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term. Section 8. Removal. - 5 - 11652 M Members of BAB may be removed for cause by vote of not less than three (3) members of the City Commission upon written charges after a public hearing, if the member affected requests such public hearing. However, whenever a member has had within a calendar year, three (3) consecutive absences or four (4) absences within a calendar year from the regularly scheduled meeting, the highest ranking officer of BAB shall certify same to the City Clerk. The City Clerk shall then inform the City Commission in writing that the position has been declared vacant and a successor member must be elected to fill the vacancy. Three instances of arriving ten (10) minutes after the scheduled beginning time or leaving before the termination of the last agenda item at a regularly scheduled meeting of the Board counts as one (1) absence. Upon such certification, the member shall be deemed to have been removed and the vacancy shall be filled as set forth hereinabove. Section 9. Disqualification of members. If any member finds that his/her private or personal interests are involved in a particular matter coming before BAB, 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 total membership present of BAB, excluding the member about whom the question for disqualification has been raised. Section 10. Assignment of personnel. The City Manager shall assign staff to assist BAB. - 6 - 11652 Section 11. Proceedings. (a) Officers/Committees. BAB shall elect a chairperson and vice -chairperson from among its members and may create and fill such other officers as it may deem necessary or desirable. Officers may succeed themselves. BAB may establish subcommittees for the purpose of advising and reporting to the BAB on specific issues, including such issues as public outreach, financial incentives, and site identification. (b) Rules of Procedure. BAB 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 BAB and to the public upon request. (c) Meetings. BAB shall be required to hold at least six (6) meetings each year, but may meet more frequently if deemed necessary. All meetings shall be open to the public. (d) Quorum; Voting. Four (4) members shall constitute a quorum. All recommendations of BAB 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. Section 12. Compensation. Members of BAB shall serve without compensation. Section 13. Financial Disclosure. All members of BAB shall file annual financial disclosure reports pursuant to law. - 7 - 11652 M 40 Section 14. Functions, powers and duties generally. BAB is hereby authorized to: (a) Review and recommend to the City Commission approval, approval with conditions, or disapproval of the rehabilitation and economic development activities proposed for the Brownfields Redevelopment Area, including proposed site rehabilitation agreements. w (b) Provide a forum for community input and recommendations regarding the Brownfields Program activities, funding priorities and proposals. (c) Adopt and amend its rules and procedures. Section 15. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 16. If anysection, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 17. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 18. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. - 8 - 11652 r 7� PASSED ON FIRST READING BY TITLE ONLY this 14th day of April , 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of May 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: it LINDA KELLY KEAR ON ASSISTANT CITY ATTORNE APPROVED AS TO FORM AND CORRECTNESS: /,"j " C.Z6�1 Q'.' I �t EDWARD MA .IM CITY A LKK/W472 bardance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of Ift Itagislation by signing it in the designated place provided, said legislation now lowes effective with the elapse of ten (10) days f m the date of Commissicn acticn mairding same, without the Mayor exercisirtg.4 v _ /�1, -� Waiter J-.F6eman, City Clerk - 9 - 11652 VOFy� WALTER J. FOEMAN JOSE GARCIA-PEDROSA CityClerk �� r ' o „ „ c City Manager June 5, 1998 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12' Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11.652� 11654 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very. truly„yours, Walter-J. Foeman City;Clerlc�;;.. ` Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500_Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 Ott r .af ffl T- ante. ��xTY oF�� 1 WALTER J. FOEMAN F City Clerk 11call ;;� '� Q .J June 5, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 12`h Street Room 8100 (8``' Floor) Miami, FL 33125 Dear Ms. Maldonado: 105E GARCIA-PEDROSA City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: It 1652 11654 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and returning it to this office for our files. Thank you. Very^�-truly yours Walter4 _Foe n. City Clerk By: Deputy City Clerk RECEIVED BY: DATE: Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 ,+. t NQUAof t Vv'iOFy 105E GAR WALTER ). FOEMAN CityManager A * City Clerk rr�rrrr`r Q rr u June 5, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32316 Dear Ms. Jefferson Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: c11652' 11654 If I can be of any further assistance, please do not hesitate to call. Yours truly, ElVf Ga1laste9 Aloaso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O: Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 TO FROM ® CITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM 6 Honorable Mayor and DATE: May 12, 1998 FILE Members of the City Commission Creation of a Brownfields SUBJECT: Advisory Board Jose Garcia -Pedrosa City Manager RECOMMENDATION: For City Commission Meeting REFERENCES: of May 12, 1998 ENCLOSURES: Proposed Ordinance On April 44, 1998, the City Commission approved the attached Ordinance on first reading. It is respectfully recommended that the Commission adopt the attached Ordinance, on second reading, creating a State required Brownfields Advisory Board for the purpose of improving public participation and receiving comments on remediation and redevelopment of the Brownfields Area, future land use, local employment opportunities, community safety and environmental justice. BACKGROUND: Florida Statutes Section 376.80(4) requires that the City of Miami establish an advisory board for the purposes of improving public participation and receiving public comments on the rehabilitation and redevelopment of the Brownfields Area, future land use, local employment opportunities, community safety, and environmental justice. As an advisory board, the City of Miami Brownfields Advisory Board shall provide recommendations. to the City Commission regarding site rehabilitation agreements. The Board shall consist of seven members and one alternate. The City Commission shall appoint the members of the Board as follows: three shall be residents within or adjacent to the Brownfields Area; two shall be owners of businesses operating in the proposed area and need not be residents of the City; and two shall be representatives from the private sector with businesses, not necessarily operating in the Brownfields Redevelopment Area, preferably in the fields of banking, land development, or real estate, who need not be residents of the City. The Brownfields Advisory Board may establish subcommittees for the purpose of advising and reporting to the Board on specific issues, including such issues as public outreach, financial incentives, and site identification. JGP:CCM:AARW:R$,bs c: Arleen Weintraub, Department of Planning & Development Robert Schwarzreich, Department of Planning & Development 11652 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11652 in the ...................... 3Gx"X....................................... Court, was published in said newspaper in the issues of May 22, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement: and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission o f r the purpose of securin his advertisemen blicati in the said newspa r.,-1 Sworn to and subscribed before me this 22 May 98 ........day of............................................................. A.D. 19...... .......�� .....! `:'................ (SEAL) 4,PRY P/J OFFICIAL NOTARY SEAL Octelma V. Ferbeyre personally n to m CHERYL H MARMER * COMMISSION NUMBER a Q CC5415384 MY COMMISSION EXPIRES FOF F� APR. 12,2000 n 0:7; CITY, OF MIAMM�ORI A LEGAL.NWACE All interested persons will take notic that n theNth day of May, 1998 the City Commission of Miami, Florida_adopfe� the following titled ordinances:. ORDINANCE �N . IAN ORDINANCE AMENDING THE CODE OF THE-CITY'OF MIAMI FLORIDA, AS AMENDED ,THEREBY,,CREATING AND ESTABLISHING THE , BROWNFIELDS "ADVISORY BOARD ("BAB") AND SETTING FORTH AND/OR PROVID- ---ING FOR ;'PURPOSE COMPOSITION_OF_MEMBERSHIP, TER4 F' OFFI`CE;''_QUALIFICATIONS, DISQUALIFICA- "TION, 'FILLING .'OF ;VACANCIESSUPPORT-PERSONNEL, FINANCIAL DISCLOSURE, .FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A., REPEALER PROVISION, .A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROV- IDING FOR INCLUSION IN THE CITY CODE. I ORDINANCE NO. 11653 AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "BLUE RIBBON TASK FORCE" AND APPROPRIATING $21,500 FOR THE OPERATION OF THE FUND, CONSISTING OF A DONATION FROM THE BLUE RIBBON TASK FORCE; AUTHORIZING THE CITY MANA- GER TO ACCEPT SAID DONATION AND EXECUTE THE i NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAIN= ING A REPEALER PROVISION .AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11654 I AN ORDINANCE AMENDING SECTION 2-33(e) OF THE. j CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, j TO REQUIRE THAT ALL POCKET ITEMS WHICH HAVE A FISCAL IMPACT- ON THE CITY BE REVIEWED BY. THE. CITY MANAGER WHO SHALL MAKE A WRITTEN RECOM- I MENDAT10N TO THE CITY COMMISSION ON EACH SUCH ITEM PRIOR TO ITS CONSIDERATION BY THE COMMIS- SION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EF- FECTIVE DATE. I Said ordinances may be inspected by the public at the Office'of the City Clerk, 3500 Pan American. Drive, Miami,' } Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. �q`i OF j WALTER J. OEMAN o � v eF1A O TY C ERK q�f `� _ (#4796) _ 5/22 98-4-052278M� • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE CREATING AND ESTABLISHING THE BROWNSFIELDS ADVISORY BOARD ("BAB"), ETC. In the ...........XXXXX........................ Court, ... was published In aiid9ngtwspaper In the Issues of y tii Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami In said Dade County, Florida, for a period of one year xt preceding the first publication of the attached copy ad ertisement; and affiant further says that she has naitter p d nor promised any person, firm or corporation anysc nt, rebate, commission or refund for the purpose of no this aovertisement for publication In the said Sworn and subscribed before me fhl� 1 May Y `� ...... day of ..................... 19...... s~A.D. ?!.. '/b 5A! L 7Y "Ply (SEAL) '9 O CHERYL H MARMER Sookie Williams personally comet ON NUMSER CC545384 ' FOF MY COMMSSION EXPIRES f�,0 APR. 12,2000 � ID Oo 9 ; CITY OF MIAMI, FP A NOTICE OF PROPOSED A"ES Ta Notice is hereby given that the City Cor issTan of ' tqe City, of.- " Miami, Florida, will consider. the following orainahM on wand and final reading'on May 12, 1998, commencing at 10.00 a:m., in the City_ Commission Chambers, 3500 Pan:American Drive, Miami, Florida: ORDINANCE NO. - AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY,CREATING AND ESTABLISHING THE ,BROWNSFIELDS ADVISORY BOARD ('BAB-) AND SETTING FORTH AND/OR PROVIDING- - FOR: PURPOSE, COMPOSITION OF MEMBERSHIP', TERMS OF. OFFICE, QUALIFICATIONS,, DISQUALIFICATIONS, FILLING OF VACANCIES, SUPPORT PERSONNEL"', FINANCIAL , DISCLOSURE" FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE. AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSIOWINTHE CITY°CODE. - :• ORDINANCE NO. AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND :ENTITLED. 'BLUE RIBBON TASK FORCE' AND APPROPRIATING $21,500 FOR THE OPERATION OF THE 'FUND, CONSISTING OF A DONATION FROM THE BLUE RIBBON TASK FORCE; AUTHORIZING .' THE CITY MANAGER TO -ACCEPT SAID DONATION AND -EXECUTE THE. NECESSARY, DOCUMENTS, .IN• A FORM . ACCEPTABLE TO THE CITY ATTORNEY, . FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE -NO. AN ORDINANCE AMENDING SECTION .2-33(e) OF' THE- CODE OF THE CITY OF. MIAMI, FLORIDA; ASAMENDED; TO -REQUIRE THAT ALL POCKET ITEMS WHICH HAVE A FISCAL IMPACT ON THE CITY BE REVIEWED BY THE . CITY- "MANAGER, WHO SHALL • MAKE A WRITTEN- RECOMMENDATION TO • THE CITY COMMISSION -ON EACW..SUCH.ITEM PRIOR TO ITS CONSIDERATION BY THE COMMISSION; CONTAINING A REPEALER ` PROVISION -AND A SEVERABILITY CLAUSE' AND PROVIDING FOR AN EFFECTIVE DATE. Said, proposed` ordinances may be inspectedby the. public at the Office of .the City -Clerk, 35W Pan American Drive,' Miami, Florida, i Monday through Friday, excluding holidays, -between the hours .of 8 a.m. and 5,p.m, All interested persons may appear at the meeting and be heard with respect to "the proposed ordinances., Should any person desire to appeal any decision of the City Commission with respect'to any matter to be considered at this meeting; that persoshall ensurethat a verbatim record of the proceedings is, made including n ding all testimony and evidence upon which -any appeal may be based. c<� o WALTER J. FOEMAN " rrr CITY CLERK . '[511 (#4790) T ` 98-4-050131 M