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HomeMy WebLinkAboutO-11379J-96-472 7/1/96 ORDINANCE NO. 11379 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ADVISORY BOARD ("HAB") 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, the Housing Opportunities for Persons with Aids ("HOPWA") Program is authorized by the AIDS Housing Opportunity Act (AOHA) and amended by the Housing and Community Development Act of 1992 to provide states and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with acquired immunodeficiency syndrome or related diseases and their families; and WHEREAS, the HOPWA Program authorizes entitlement grants and competitively awarded grants for housing assistance and services for persons with Aids or related diseases; and WHEREAS, the City of Miami, Florida ("City"), is an Entitlement Recipient of HOPWA Program grant funds and is 11379 responsible for administering the HOPWA Program grant on behalf of the Eligible Metropolitan Statistical Area ("EMSAII), which includes the cities of Miami, Miami Beach and Hialeah, and unincorporated Metropolitan Dade County; and WHEREAS, the HOPWA Program regulations require the City to coordinate its efforts with, in addition to aforementioned governmental entities, nonprofit organizations that are administering the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 and other related Federal programs, community -based nonprofit organizations which are experienced in caring for persons with AIDS and organizations which represent persons with AIDS, and Persons Living With AIDS; and WHEREAS, it has been determined that the most effective means by which the City would be able to coordinate its effort is through the creation of an advisory board to be appointed by and responsible for advising the City Commission; and WHEREAS, the Metro -Dade HIV Health Services Planning Council has created a grievance process to be utilized by all grantee entities, including but not limited to, HOPWA, General Revenue and Title I and II, so that Persons Living With Aids will have one entity to address all concerns about delivery of service; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. - 2 - 11379 Section 2. There is hereby created and established a board, to be known as the Housing Opportunities for Persons with Aids ("HOPWA") Advisory Board ("HABIT). Section 3. The purpose of HAB shall be to ensure effective involvement in an advisory role in the planning, implementation, annual assessment of HOPWA grant sub -recipients and assessment of the HOPWA Program and to encourage effective citizen participation with particular emphasis on participation by persons living with AIDS and their families, and to increase governmental responsiveness through the provision of information and assistance to all citizens interested in the HOPWA program. Section 4. Composition. (a) HAB shall be composed of eleven (11) members and one (1) alternate member to be appointed as hereinafter set forth. Members of HAB 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 HOPWA Program. Towards that end HAB shall be composed of: (1) one (1) representative from the City of Hialeah; (2) one (1) representative from the City of Miami Beach; (3) one (1) representative from the City of Miami; (4) one (1) representative from Metropolitan Dade County; (5) three (3) Persons living with AIDS, one of whom is a single parent with children; (6) four (4) not -for -profit service providers; and - 3 - 11379 (7) one (1) alternate member. Section 5. Terms. Members of HAB shall be appointed for one year terms. Section 6. Procedure for Appointments. (a) Governmental Appointees. All governmental appointees shall be appointed by their respective governing bodies. (b) Non -governmental Appointees. No appointment shall be made by the City Commission to membership or alternate membership on HAB 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 knowledge of the HOPWA Program to submit names of persons and their qualifications for consideration as prospective appointees or alternate appointee of HAB. 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. 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 - 4 - 11379 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 HAB 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 HAB, 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 Metropolitan Eligible Metropolitan Statistical Area ("EMSA"); (b) Social, economic and demographic characteristics of the EMSA; (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 HOPWA program; (e) Membership in organizations having the primary aim of the furtherance or dissemination of knowledge of and support of HIV/AIDS programs; (f) Other activity evidencing knowledge and interest in the public purposes of the HOPWA program; (g) Potential conflicts of interest; (h) Demonstrated maturity and objectivity of judgment; and (i) Needs for expertise, if any, in the membership and alternate membership of HAB. 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. - 5 - 11379 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 HAB. Persons appointed shall be electors of the EMSA. 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 HAB 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. Members of HAB may be removed for cause by vote of not less than three (3) members of the City Commission upon written - 6 - 1.13'79 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 HAB 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 HAB, 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 HAB, 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 HAB. Section 11. Proceedings. - 7 - 11379 (a) Officers. HAB shall elect a chairperson and vice - chairperson from among its members and may create and fill such other offices as it may deem necessary or desirable. Officers may succeed themselves. (b) Rules of Procedure. HAB 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 HAB shall convene at least once per month, except during the month of August. All meetings shall be open to the public. (d) Quorum; Voting. Six (6) members shall constitute a quorum. All recommendations of HAB 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 HAB shall serve without compensation. Section 13. Financial Disclosure. All members of HAB shall file annual financial disclosure reports pursuant to law. Section 14. Functions, powers and duties generally. HAB is hereby authorized to: (a) Review and recommend to the City Commission approval, approval with conditions, or disapproval of the Annual Grant - 8 - 11379 Application to the U.S. Department of Housing and Urban Development, including specific category allocations. (b) Review and recommend to the City Commission approval, approval with conditions, or disapproval of the Request(s) for Proposals ("RFP") soliciting proposals for HOPWA funding. (i) RFP Review Committee - The City Commission shall appoint members from the public, other than HAB members, to evaluate proposals submitted in response to said RFP and render a written report to the City Manager of its evaluation of each proposal, including any minority opinions, for consideration by the City Commission. Notwithstanding such appointments, one (1) HAB member shall serve as an ex-officio member of the Review Committee. (c) Review on an annual basis the performance of HOPWA grant sub -recipients under contract with the City; however, HAB shall have no power to make administrative decisions nor to direct city nor sub -recipient staff actions pertaining thereto. (d) Effectuate and encourage citizen participation in the HOPWA Program, particularly low and moderate income persons living with AIDS and their families. (e) Provide a forum for community input and recommendations regarding HOPWA Program activities, funding priorities and proposals. (f) Adopt and amend its rules and procedures. Section 15. Grievance Procedure. The City Commission does hereby adopt the Grievance Procedure established by the Metro -Dade HIV Health Services - 9 - t1379 Planning Council to resolve disputes and complaints filed by person(s) against a HOPWA Program grant sub -recipient under contract with the City. Section 16. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 17. If any section, 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 18. 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 19. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 13th day of June , 1996. PASSED AND ADOPTED ON SECOND AND FINAL,, G BY TITLE ONLY this llth day of July 1996. % ATT ST: WALTER J. FOFKAN, CITY CLERK - 10 - WI$,!_DO GORT, VICE -MAYOR 11379 PREPARED AND APPROVED BY: l 4 L ELLY KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LKK/BSS/W153 11379 TO CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM 15 I Honorable Mayor and Members June 4, 1996 J-96-472 of the City Commission DATE: FILE: SUBJECT: Proposed Ordinance to establish the ' Housing Opportunities for Persons with AIDS Advisory Board uinn JO , III REFERENCES: City Commission Meeting A* �Citorne June 13, 1996 ENCLOSURES: (1) RECOMMENDATION It is respectfully recommended that the City Commission approve the attached Ordinance amending the Code of the City of Miami, Florida, as amended, thereby, inter alia: (1) creating and establishing the Housing Opportunities for Persons with AIDS Advisory Board ("HAB"); (2) setting forth procedures for appointing members to HAB; (3) providing for terms of office, vacancies, removal of members, and support personnel; (4) requiring financial disclosure; (5) establishing HAB's powers, duties, and authority; and (6) setting forth board proceedings and adopting the grievance procedure established by the Metro -Dade HIV Health Services Planning Council. BACKGROUND INFORMATION The Housing Opportunities for Persons with AIDS ("HOPWA") Program is authorized by the AIDS Housing Opportunity Act ("AOHA") and amended by the Housing and Community Development Act of 1992 to provide states and localities with resources and incentives to devise long-term comprehensive strategies for meeting the housing needs of persons with acquired immunodeficiency syndrome or related diseases and their families. The City of Miami, Florida, is an Entitlement Recipient of HOPWA Program grant funds and is responsible for administering the HOPWA Program grant on behalf of the Eligible Metropolitan Statistical Area ("EMSA"), which includes the Cities of Miami, Miami Beach, Hialeah, and unincorporated Metropolitan Dade County. The HOPWA Program regulations require the City to coordinate its efforts with, in addition to the aforementioned governmental entities, nonprofit organizations that are administering the Ryan White Comprehensive AIDS Resources Emergency Act of T990 and other related Federal programs, community -based nonprofit organizations which are experienced in caring for persons with AIDS and organizations which represent persons with AIDS, and Persons Living With Aids. Accordingly, it has been determined that the most effective means by which the City would be able to coordinate its efforts is through the creation of an advisory board to be appointed by and responsible for advising the City Commission. 11379 Honorable Mayor and Members of the City Commission June 4, 1996 Page 2 Furthermore, inasmuch as the Metro -Dade HIV Health Services Planning Council has created a grievance process to be utilized by all grantee entities, including but not limited to HOPWA, General Revenue, and Title I and II, so that Persons Living With Aids will have one entity to address all concerns about delivery of service, it was deemed appropriate that the City adopt said process. AQJ/LKK/BSS/W l 94 2 11379 s6t#ij of 'fflYamt WALTER J. FOEMAN City Clerk August 23, 1996 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11379 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and return it to this office for our files. Thank you. Very truly yours, WG�i �71t Walter Foeman City Clerk BY:/&7 4, X —� Deputy elerk el RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 *'Ct#g of 'ffltami WALTER J. FOEMAN City Clerk August 23, 1996 Louis Tomeo Court Operations Officer 1351 Northwest 12th Street Room 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: Please acknowledge the enclosed copy for our files. Thank you. RECEIVED BY: DATE: Enc. a/s 11379 receipt of same by affixing your signature to of this letter, and return it to this office Very truly yours, Walter J. Foeman City Clerk G dl BY: Deputy ZTerk OFFICE OF THE CITY CLERK/3500 Pan American Drive P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 *'Ct#ij of 'ffltamt WALTER J. FOEMAN City Clerk August 23, 1996 Alyce A. Whitson, Esq. Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. Whitson: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11379 If I can be of any further assistance, please do not hesitate to call. Yours truly, & '��gEva geline &1atrick Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 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 Sookle VAIliams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review We 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 RE: ORDINANCE NO. 11380 In the ...... I ....XXXXX..................... Court, was published in said nowpaper In the Issues of Jul 26, 1S Afflant 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 E1 In sold Dade County, Florida, for a period of preceding the first publication of the attached isement; and affiant further says that she has nor promised any person, firm or corporation , rebate, commission or refund for the purpose his a ertisement for publication in the said 2 6 Sworn and subscribed before me this 6 ...... day of ............Jul............. A.D. 19...... / OFFIAL ICNO AR f SEAL (SEAL) ��RV PUG CHERYL H MAAMER � Cn COWISSION NUMBER Sookie Wiliams pers OIlt" to ate. a CC545384 MY COMMISSION EXPIRES OF F\9 APR. 12,2000 A � f; M O CiT1f .= AN Interested patoa wilIOW ref)se *W onthe 11th day of July,:1"S, are c Rotlas ordinehces: ORDOW NCE AN ORDINANCE ANI 1HE CITY OF MiA A 'MORIDh AS AMEMMI'l- CREATING AND ESTABLISHINQ HDI �INd OksP©RTUNf B _ FO* POWNS ,wM AJEA 0MTM"( A RUPEUMx .. ION. A SEVERABJTY C4AYSE AND I D1118'1=QR !iN' .. � DATE; AND'PROVtDM -FOM INCLt,0bN1N *fE CRY bow.. NO. 113eo AN EMERGENCY mADIpAmpt AMIEND&M- sEcnON 1 t;F OffliktlfllC t-NO: "30- At Ak 1DEDD�JMUARY 45 1 THE CAPITAIL -- A~vamPNTR AoPsiii "A&ik cmnac ` t—a. IMPROVEMENT &'NO. .W1364, ENTITLED-.,'TAPOLC O.D.IMPROVEMWTS A, $315,0W TO $41s,000; CONTAI dW A REp"S.R MOVIS161�,AND1'ASIEVERABILITY.CLALISE. All urt0!s 4 tkR4rs�ts.tl� it o notice that on ft-181hdsy of July,, "M `%0 City .�;et„-.M110* Florldllp e, adopted: -We Jowo ordinance: q NCE lio.11=1 AN' S49PAEff�Y' MN{NI@E RELATti TO MLNdc m ELECTIONS, AMENfNNNQQw" 11i OF TFIE CODE dF'nw cr& 1111AMI, FLORIDA, 4 ABED. 8Y `ADW FOR AN EFFECTIVE BATE 4 inpp4c.01 MNt PLOsWk At tits of O G�terk, 6600 � + ;. x*V ys� �WsdS4110ea1*40.n!.' , ,11 a`1011TY CLiiflf'T (�41 ... Tp•:f 1 c 11 1. • n.: T i