HomeMy WebLinkAboutR-94-0308J-94-352
4/20/94
04.
RESOLUTION NO. 9 308
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS
TO SERVE AS MEMBERS OF THE MIAMI AUDIT
ADVISORY COMMITTEE FOR TERMS OF OFFICE AS
DESIGNATED HEREIN.
WHEREAS, pursuant to Resolution No. 93-766, adopted December
16, 1993, the City Commission established a committee known as
the City's Boards and Committees Review Committee and directed
said Committee to evaluate the performance and effectiveness of
each existing City board and committee and make recommendations
to the City Commission regarding the continuation, abolishment or
consolidation of said boards and committees and of any changes
which should be made in the membership, function or any other
characteristic of said boards and committees; and
WHEREAS, pursuant to the City Commission's directive, the
City's Boards and Committees Review Committee held meetings and
rendered a report making findings and recommendations to the City
Commission, at its meeting of February 17, 1994, one of said
recommendations being that the terms of all current members of
the Miami Audit Advisory Committee shall be terminated and that
new members shall be appointed; and
CITY COMIVII' aolff
MEETING OF
MAY r 5 1994
Aeoaluo�N0,
O" 0
WHEREAS, pursuant to Ordinance No. 11130, adopted March 24, 1994,
the City Commission adopted the City's Boards and Committees
Review Committee's recommendations and terminated the terms of
( all current members of the Miami Audit Advisory Committee as of
the effective date of said Ordinance, with the proviso that said
current members shall continue to serve until their successors
are appointed; and
WHEREAS, the City Commission wishes to appoint certain
individuals as members of the Miami Audit Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The following individuals are hereby
appointed as members of the Miami Audit Advisory Committee, each
member to serve a term of two (2) years commencing this date or
until the nominating commissioner leaves office, whichever occurs
first:
APPOINTEES: NOMINATED BY:
1• Juan J. Sanchez
2. Clifton Addison
3. Arturo Jordan
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins 1/
Commissioner Victor H. De Yurre
1/ The term of this appointment commences this date although
said appointment becomes effective upon submission in
writing to the City Clerk of the member's name by the City
Commissioner indicated aboyTi
4. Mirtha Guerra Aguirre Commissioner Wifredo Gort
5. -&oto--,:�*(NC) Commissioner J. L. Plummer, Jr.
Mary Ann David
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 5th day of May , 1994.
� J
STEPH N P. CLARK, MAYOR
ATTES
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAFAE1 0. DIAZ /
DEPUTY CITY A ORNEY
APPROVED ASS TO FORM AND CORRECTNESS:
A. Q N JgNPG, III
CITY ATTO
Non-compliance with residency requirement
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94-- 308
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
HONORABLE STEPHEN P. CLARK, MAYOR
AND MEMBERS OF THE CITY COMMISSION
FROM :
MATTY HIRAI
City Clerk
DATE : April 71 1994 FILE
SUBJECT : Introductory Statement
to Appointments to be
made to Boards and
REFERENCES :Committees
ENCLOSURES:
Listed hereinbelow, please find, in a very abridged fashion,
those basic guidelines and standards contained in Ordinance 11130
(adopted March 24th, 1994) for the creation and review of City
Boards which are common to all City Boards. The reason for the
gleaning of said information up front is so that said information
would not have to be repeated in the attached memoranda which
individually' addresses certain designated City Boards and/or
Committees.
(1) CREATION OF NEW BOARDS AFTER EFFECTIVE DATE OF THIS
ORDINANCE: All City Boards created after the effective date
of Ordinance 11130 shall be created only by Ordinance.
(2) MEMBERSHIP OF BOARDS: All members of City boards shall
either be permanent residents of the City of Miami or work
or maintain a business within City limits, and shall have
good reputation for integrity and community service.
Members should also have demonstrated an interest in the
field, activity or sphere covered by the board; and each
board shall include at least one (1) member whose livelihood
does not depend on the area regulated or administered by the
board. The City Commission may, by four -fifths' vote, waive
the requirement that members either, reside, work or
maintain a business within City limits.
The City Clerk must be immediately advised if any member
ceases to reside/ work/ maintain a business in the City
during his/her term of office. Upon being advised by the
Clerk of such circumstance, the Clerk shall notify the City
Commission, in writing, of said circumstance. The Clerk
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It
shall declare the position to be vacant and the Commission
shall promptly proceed to fill said vacancy.
No City Board member shall become a candidate for elective
political office during his/her term.
The following boards were abolished:
1. Youth Gang Task Force
2. Youth Advisory Council
3. Wynwood SKID Advisory Council
4. Visions 2000
5. Asian Village Committee
6. Unsafe Structures Board
7. Bayside Minority Foundation
8. Park Advisory Board
9. Overtown Independent Review Panel
10. Office of Professional Compliance Advisory Board
11. Northeast Area Task Force
(2.A) As of effective date of this Ordinance, the following
boards shall have the number of members as designated
hereinbelow, and their membership shall terminate as of
the effective date of this Ordinance (April 25, 1994):
1. Bayfront Park Management Trust (14)
2. Citywide Community Development Advisory Board (18)
3. Coconut Grove Standing Festival Committee (5)
4. Downtown Development Authority (11)
5. Overtown Advisory Board (15)
6. Street Codesignation Review Committee (5)
7. Occupational License Equity Study Commission (5)
8. Committee on Ecology and Beautification (50)
9. Commission on the Status of Women (25)
10. Tax -Exempt Property Steering Committee (5)
11. Audit Advisory Committee (5)
12. Coconut Grove Parking Advisory Committee (9)
13. Urban Development Review Board (9) and (1) Alternate
24. Latin Quarter Review Board (10)
15. Nuisance Abatement Board (5)
16. International Trade Board (15)
17. Historic and Environmental Preservation Board (9) and
(1) alternate
18. Health Facilities Advisory Board (5)
19. Miami Sports and Exhibition Authority (11)
20. Waterfront Advisory Board (10) and (1) Alternate
21. Property and Asset Review Committee (5)
22. Budget and Finances Review Committee (5)
Exempted from the above sunsetting guidelines regarding board
members' terms of office are the following City Boards:
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1. Affirmative Action Advisory
2. Civil Service Board
3. Off -Street Parking Board of
4. Planning Advisory Board
5. Code Enforcement Board
6. Zoning Board
Board
the City of Miami
(3) TERMS OF OFFICE: The terms of office of each board member
shall run concurrently with the term of office of the
nominating Commissioner. When the nominating Commissioner
leaves office, he/her board appointee's term shall expire.
Terms of office shall never exceed eight (8) consecutive
years on any one City Board, though nothing shall prohibit
reappointment of said individual to a City board after a
hiatus of two (2) years.
(4) ATTENDANCE REQUIREMENT: There will be automatic removal of
a board member if: (a) the board member is absent three
consecutive times to a formally called meeting, or (b)
he/she is absent from four (4) of the board's meetings
during a given calendar year, or (c) a given board member
does not attend at least 50 percent of all board meetings
held during a given calendar year. A member shall be deemed
absent if not present at least seventy-five percent (75%) of
the meeting's duration. Provisions of this section may be
waived by a four -fifths vote of the members of the full City
Commission.
(5) QUORUM REQUIREMENTS: Required Quorum for all board meetings
shall consist of 50 percent (50%) plus one (1) of the
boards's total membership.
(6) NOTICE TO CLERK OF BOARD MEETINGS: All boards shall provide
the City Clerk written notice of their meeting(s) at least
seven (7) days prior to said meeting, except in instances of
emergency meetings.
(7) CITY CLERK TO KEEP RECORD OF BOARDS: The City Clerk (or
his/her designee) shall serve as liaison between the City
Commission and all City boards. The Clerk shall prepare a
standard form to be used by all boards to report their
members' attendance to meetings. All City boards shall
submit copies of the Minutes of their meetings and records
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of their members' attendance to the Clerk within the five
(5) days after each meeting. The Clerk shall inform the
Commission whenever a board member has exceeded the number
of permissible absences and said member will be
automatically removed from the board. The Clerk shall
immediately inform the City Commission, in writing, that
said position has been declared vacant and a successor
member must be promptly appointed to fill said vacancy.
(8) ANNUAL REPORT: Commencing on 1995, each City
Board/Committee shall report as follows: (a) By January
15th, 1995, and by January 15th of each subsequent year, the
chairperson shall submit a report to the City Manager
setting forth specific information on their specific
Board/Committee, as more fully outlined in Section 2-434 of
Ordinance 11130, page 8, concerning their servicing of
current community needs, their board's major
accomplishments, etcetera. [Note: Please refer to applicable
Ordinance section for further detail regarding this
requirement]
(9) NET' ADMINISTRATOR AS LIAISON TO BOARDS: Each NET
Administrator of the City shall be the administrative
liaison to regional boards which may operate within his/her
geographical area of responsibility. Specifically, the NET
Administrators responsible for the below listed NET Offices
shall be liaisons to the hereinbelow listed boards:
NET OFFICE
1. The NET Overtown Service
2. The NET Downtown Service --
Center
3. The NET Little Havana Service --
Center
4. The NET Coconut Grove Service --
Center
BOARD
The Overtown Advisory
Board
The Downtown
Development Board
The Latin Quarter
Review Board
(a) The Coconut Grove
Parking Advisory
Committee, and
(b) The Coconut Grove
Standing Festival
Committee
(10) "SUNSET" REVIEW OF BOARDS: Commencing in 1995, each City
Board shall be reviewed in the following manner: By
February 15th of the specific year in which a given board is
to be reviewed, the City Manager shall deliver to the
Commission the report submitted by each board chairperson
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together with any comments/recommendations the City Manger
may desire to submit. During the month of March, the
chairperson shall make an oral presentation to the City
Commission. At the conclusion of said presentation, any
individual Commissioner may request that a Special Purpose
Board (°'SPB") be formed to evaluate the chairperson's
report, the Manager's recommendation(s) and/or any other
information it may deem relevant, in order to determine
whether said board should continue in its present form. The
SPB shall report its findings to the full Commission within
90 days. Once this review process is concluded, the City
Commission shall determine whether to
abolish/continue/consolidate or modify said board for the
ensuing four (4) years. This process shall not be construed
to refer to any multi -jurisdictional board. Section 2-436
of Ordinance 11130, page 9, fully outlines the City Boards
which shall be initially reviewed beginning the year 1995,
and every four (4) years thereafter.
II. ADDITIONAL RECOMMENDATIONS OF
THE REVIEW COMMITTEE
In addition to the basic recommendations from the Review
Committee (already incorporated into Ordinance 11130), the Review
Committee made additional recommendations requiring further
action. Hereinbelow please find an outline of said additional
recommendations, as well as present status of each
recommendation:
A.
At the meeting of March 24th, the Review Committee submitted
additional recommendations for the Commission's consideration
regarding certain designated boards and/or committees. Upon
adoption of Resolution 94-219, the City Commission accepted and
adopted said Additional Recommendations. Of the twelve (12)
additional recommendations outlined (incorporated by Resolution
94-219) require amendments which are to be prepared by the Law
Department in the form of amendatory resolutions (THESE REMAIN
UNRESOLVED), namely:
* Citywide Community Development Advisory Board
* Overtown Advisory Board �.
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* Occupational License Equity Study Commission
* Health Facilities Advisory Board
Further, our records show that Resolution 94-183 (Adopted March
24th, copy attached) restructured the following committees and/or
Commission(s):
* the Committee on Ecology and Beautification;
* the Commission on the Status of Women; and
* the "Tax -Exempt Property Steering Committee.
[RECOMMENDATIONS WERE ACCEPTED AND THE ABOVE COMMITTEES
WERE RESTRUCTURED AND INCORPORATED BY R-94-183. -- ISSUE
RESOLVED]
There were five (5) other recommendations addressing the
hereinbelow listed boards and/or authorities, as follows:
1. OVERTOWN ADVISORY BOARD- The recommendation was to expand
its scope and purpose to include all issues affecting or
impacting the Overtown area. [NOTE: LAW DEPARTMENT
ADVISES THAT AGREEMENT HAS BEEN REACHED ON THIS
RECOMMENDATION. IT WAS INCORPORATED AS PART OF THE PRESENT
GUIDELINES INCORPORATED BY RESOLUTION 94-219 - BUT ISSUE
REMAINS UNRESOLVED.]
2. OFF-STREET PARKING AUTHORITY/COCONUT GROVE PARKING
ADVISORY This additional recommendation stipulates that
the Off -Street Parking Authority should create a
subcommittee to incorporate the Coconut Grove Parking
Advisory in order that it may become a subcommittee of the
Off -Street Parking Authority. [NOTE: NO DECISION HAS BEEN
TAKEN AS YET ON THIS RECOMMENDATION - REMAINS UNRESOLVED.]
3. MIAMI SPORTS AND EXHIBITION AUTHORITY- The Review
Committee recommended that a policy decision should be
taken placing greater emphasis on the Authority's total
purpose, i.e. the Authority should place greater
concentration on the "Exhibition" aspect of its mission.
[NOTE: NO DECISION HAS BEEN TAKEN AS YET ON THIS
RECOMMENDATION - ISSUE REMAINS UNRESOLVED.I
4. INTERNATIONAL TRADE BOARD- The Review Committee
recommended that the ITB Special Committee Internal Audit
Report be approved. [NOTE: Said report was accepted and
approved by Resolution 94-219. ISSUE RESOLVED.]
5.
L
will require a combination of the purposes, powers and
°4- 308
B.
1.
duties of both boards. The City Attorney's office will
need to conduct a careful review of the Ordinance creating
each board and meet with appropriate Administration
personnel in order to properly accomplish the proposed
merger. [NOTE: ISSUE REMAINS UNRESOLVED.]
GENERAL RECOMMENDATIONS:
MEMBERSHIP. The committee• also recommended the sunsetting
of all current board and committee members as of the April
lst. However, inasmuch as said date did not provide the
necessary time to allow for two (2) readings of the
Ordinance, agreement was reached to make "April 25, 1994"
the effective date of Ordinance 11130 . [ISSUE RESOLVED.]
2. COMPENSATION OF BOARD AND COMMITTEE MEMBERS. The Review
Committee recommends that:
(a) The City Commission should eliminate all health
insurance benefits provided for all board and committee
members. [NOTE: THIS RECOMMENDATION HAS NOT BEEN DISCUSSED
OR RESOLVED AS OF YET.]
(b) The City Commission should review the issue of
compensation to board and committee members with the view of
either reducing or eliminating said compensation. [NOTE:
THIS RECOMMENDATION HAS NOT BEEN DISCUSSED OR RESOLVED AS OF
YET.]
III. RECOMMENDATIONS FOR THE
CREATION OF NEW BOARDS AND
COMMITTEES:
The Review Committee further recommended that three (3) new
committees be created, namely, the:
(1) City of Miami Property and Asset Review Committee
[COMMITTEE CREATED, ISSUE RESOLVED].
(2) Budget and Financial Review Committee [COMMITTEE
CREATED - ISSUE RESOLVED].
(3) Select Committee on Unified
[ISSUE UNRESOLVED]
Development Projects
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The Review Committee's recommendations for the creation of
Committees number (1) and (2), above, were accepted and the
Committees were created.
However, the recommendation for the creation of Committee number
(3) above, namely, the "Select Committee on Unified Development
Projects," still remains unresolved. Said Committee would be
charged with reviewing proposals submitted to the City in
response to Requests for Proposals which would be issued by the
City. concerning Unified Development Projects. Therefore, it
would involve a referendum, since UDP's require a Charter
amendment. The City Attorney's Office will need additional time
in order to carefully draft appropriate language which will
withstand any possible challenges.
(a) PURPOSE- Its purpose will be to review proposals submitted
to the City in response to Requests for Proposals (RFPs)
issued by the City for a Unified Development Project, and
to make recommendations to the City Commission.
(b) MEMBERSHIP/APPOINTED BY- The recommended membership for
this Committee will be seven (7) members. Five (5) members
to be appointed by the City Commission, and two (2)
appointments to be made by the City Manager.
(c) CITY LIAISON- The recommendation was to have the Director
of Asset Management as the liaison to this committee.
[NOTE: ISSUE UNRESOLVED]
Attached hereto please find individual interoffice memoranda
addressing certain designated City Boards and/or Committees
concerning their present composition and membership, in
order that the City Commission may individually address the
appointment/reappointment of new members.
MH:hr
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
HONORABLE STEPHEN P. CLARK, MAYOR; April 7, 1994
To AND MEMBERS OF THE CITY COMMISSION DATE : FILE
Appointments to the Miami
SUaJEC-Audit Advisory Committee
• April 28th Commission
MATTY HIRAI Meeting
FRWJ. t y Clerk REFERENCES:
ENCLOSURES:
Pursuant to Ordinance 11130 (adopted on March 24, 1994) the Miami
Audit Advisory Committee's current membership shall consist of
five (5) members. Present members may continue to serve until
their successors are appointed. 'The Commission may now proceed
to reappoint or change current membership.
Current membership.is as follows:
HAYDEE CEBALLOS - (nominated by former Mayor Suarez)
HOWARD V. GARY - (nominated by Commissioner Plummer)
ARTURO JORDAN - (nominated by Commissioner De Yurre)
ANA MAGDA GUILLEN - (nominated by former Commissioner Kennedy)
CLIFTON ADDISON - (nominated by Vice Mayor Dawkins)
Ordinance stipulates that all members shall be qualified and
distinguished by their education, experience and attainments in
the accounting profession, the practice of law, banking or
business management. Members of the committee shall be selected
from among the following: (a) comptroller or chief financial
officer of a large commercial enterprise (with size measured by
dollar sales/revenue volume); (b) commercial or investment banker
aasociated with a large financial institution; or (c) a
practicing certified public accountant (if not a certified public
accountant, then an accountant who shall have managed an
accounting practice employing at least ten individuals).
The City Attorney has scheduled Commission appointment of members
on the agenda for the April 28th Commission meeting.
MH:sl
cc: Carlos Garcia, Director of Finance Department, present
Liaison to the Miami Audit Advisory Committee
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