HomeMy WebLinkAboutO-10459J-88-465
6/9/88
(Mo. 88-439
5/12/88)
ORDINANCE NO.
10459
AN ORDINANCE CREATING AND ESTABLISHING A
MIAMI WATERFRONT ADVISORY BOARD, CONSISTING
OF TEN (10) MEMBERS FOR THE PURPOSE OF
REVIEWING AND EVALUATING ISSUES RELATED TO
THE USE AND DEVELOPMENT OF CITY -OWNED
WATERFRONT PROPERTY AND FOR THE GIVING OF
ADVICE TO THE CITY COMMISSION CONCERNING SUCH
OTHER MATTERS AS ARE REFERRED TO IT BY THE
CITY COMMISSION IN REGARD TO CITY OR PUBLIC
LAND ABUTTING WATER; DESCRIBING THE METHOD OF
APPOINTING MEMBERS TO THE BOARD; SETTING
FORTH ORGANIZATIONAL AND OPERATIONAL DETAILS,
INCLUDING TERMS OF OFFICE, REMOVAL OF
MEMBERS, AND SELECTION OF A CHAIRPERSON;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN THE CITY CODE.
WHEREAS, the City of Miami desires to provide for the
maximum public benefit in the orderly development of waterfront
land in the City and in the development and operation of marina
facilities owned by the City; and
WHEREAS, the City Commission requires public review of and
comment on matters concerning City waterfront property on a
global perspective and a formally established body of qualified
citizens is considered an appropriate mechanism for obtaining
such public input and advising the City Commission in such
matters; and
WHEREAS, there is a need for a more direct response to the
Commission in these matters which need can be met more adequately
by restructuring the existing Miami Waterfront Board; and
WHEREAS, the City Commission in nominating individuals for
appointment to such restructured Board shall recognize and give
due consideration to the needs of the public, as represented by
,Amended
4e&E By
dY+R.l1
various public and marine interests groups within the City, such
as the Marine Council and the Greater Miami Marine Association,
boating clubs, marina tenants, environmental preservationists,
and civic organizations;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Abolishment; creation.
a. The existing Miami Waterfront Board, as
established pursuant to Resolution No. 79-172, adopted
March 8, 1979, as amended, is hereby abolished.
b. The Miami Waterfront Advisory Board is
hereby created and may be referred to by that term or "City
Waterfront Board" or "Board".
Section 2. Composition; terms; appointment; removal.
a. The Board shall consist of ten (10)
members and one (1) alternate, all of whom are appointed by the
City Commission.
b. All members shall serve without
compensation for terms of office as indicated hereunder and shall
be subject to removal by the Commission for any cause. A
member's absence from one-half of the cumulative meetings within
any one (1) year period or from three (3) consecutive meetings of
the Board within a member's term of office shall, unless excused
by the Board, result in the member's removal from the Board upon
the chairperson's filing of a certificate of such unexcused
absence (3) with the City Clerk. Any vacancy occurring during
such term shall be filled for the remainder of the term in the
same manner as the original appointment. The terms will run from
the effective date of this ordinance.
-2-
10459
r 1
0
o. Category A - Five (5) members shall be
appointed initially to serve two (2) year terms and thereafter
shall be appointed to serve three (3) year terms. The Mayor and
each Commissioner shall make one (1) nomination of an individual
to serve as a member in this Category.
d. Category B - Five (5) members shall be
appointed to serve three year terms, with James Wellington to
serve as a member in this Category as the nominee of the
Commissioner in Group III and as an appointee of this Commission.
The Mayor and each Commissioner shall make one (1) nomination of
an individual to serve as a member in this Category.
e. The alternate member shall serve a term
of three (3) years commencing on the effective date of this
ordinance and shall be appointed from among individuals nominated
by the Mayor or any Commissioner.
f. Members shall reside in the City,
maintain a place of business or offioe in the City or own real
property in the City at the time of their appointment.
Section 3. Scope.
The Board shall have responsibility to review
and evaluate issues related to the use and development of City -
owned waterfront property and shall provide advice to the City
Commission concerning those issues and only such other matters as
are referred to it by the City Commission in regard to City or
public land abutting water. The City Commission shall not be
bound by any recommendation or advice received from the Board.
The Board is expected to be aware of City policy concerning
development and coordinate its endeavors with the City's Planning
Advisory Board and any other committees or boards which will be
affected by the Board's recommendations.
-3-
13
Section 4. Officers; meetings; quorum; reports; support.
a. The Board shall select one of its
members as Chairperson. No chairperson shall serve more than
three (3) years in said office. A vine -chairperson may also be
designated by the Board from among its members to serve as
chairperson at any meeting if the chairperson is absent from said
meeting.
b. A quorum shall consist of six (6)
members. A decision of the Board shall be made only upon an
affirmative vote of the majority of those members in attendance.
o. Meetings shall be scheduled by the Board
at least once each month and if there is no business pending
before the Board, said meeting may be dispensed with. The time
and place of the meetings shall be fixed by the Board. Special
meetings may be called by the Chairperson or by any six (6)
members of the Board upon reasonable notice being given to all
Board members. Meetings shall be open to the public and the
Board shall adopt its own order of business and rules of
parliamentary procedure.
d. The Board shall report in writing to the
City Commission at least once each three months and shall file a
copy of said report with the City Clerk. The Board shall provide
such additional reports as from time to time may be necessary to
discharge its responsibility.
e. It shall be the duty of the City Manager
to provide administrative support to the Board which shall
include the services of an individual to keep minutes of
meetings, maintain Board correspondence, post meeting notices,
file reports, and perform all other necessary support functions.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
-4-
10459
Seotion 6. if any seotion, part of seotion, paragraph,
clause, phrase or word of this Ordinanoe is deolared invalid, the
remaining provisions of this Ordinanoe shall not be affeoted.
This Ordinanoe shall be effective and the provisions thereof,
unless otherwise indioated herein, shall beoome operative in
a000rdanoe with City Charter provisions.
Seotion 7. It is the intention of the City Commission that
the provisions of this Ordinanoe shall beoome and be made a part
of the Code of the City of Miami, Florida, as amended, whioh
provisions may be renumbered or relettered and that the word
"ordinanoe" may be ohanged to "seotion", "article", or other
appropriate word to accomplish such intention.
PASSED ON FIRST READING BY TITLE ONLY this
June , 1988.
9th
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of July 1988.
cz- -
XAVIER L. SUAR , MAYOR
ATTE
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TQ ORM AND CORRECTNESS:
1, Matty Hirai, Clerk of the City of Mi:WiLl
hereby certif that on theday of
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+JORE F A DEZ �,;'! ' i c ;cun iin.c ;ti ; p . t ;l :>. , ; >uth Un
TORNEY c; `'n. : ,1•.ie county G;)!+rt
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[ it .ticcs and }r.!bli r�ti, ns by attacL!
RFC/bSs/M325 :i copy
di., place
WiT1r'N L S my I,:cnd and the official l of sfl•
City tliis-.Iclay of____19 gd
i
.E.
10459
Mayor and MemLsrs of
the City Commission
June 9, 1988
Page 2
Agenda Item #28 (J-88-529) [Resolution setting special
use fee for Federation Deportiva Nicaraguense, Inc. at
Bobby Madura Miami Baseball Stadium] Although no
change has been made in the resolution in connection
with this item, thg Ag& _Unt a4 aistributed has been
modified to incorporate a provision for assessment of
wlu-FoTiarge authorized by Ordinance No. 10439,
adopted May 19, 1988.
NOTE: At the time the Consent Agenda is voted upon, if these
Items (410, #13 and #28) are not removed from the Consent Agenda
and oonsidered separately, there should be an announcement made
by the Mayor that Items #10, #13 and #28 are being voted upon `as
modified`.
BQe a._TtB�L:.$y CiT-88-488:).;, [Ordinance establishing a
Miam'Waterfront Advisory Board] The Chairperson of
the existing Waterfront Board requested that this
proposed ordinance as distributed be modified to remove
the reference to appointment of a secretary.
Accordingly, we have removed this provision and have
added the following language in the ordinance draft
being forwarded to the City Clerk:
It shall be the duty of the City Manager to
provide administrative support to the Board
which shall include the services of an
individual to keep minutes of meetings,
maintain Board correspondence, post meeting
notices, file reports, and perform all other
necessary support functions. [Seotion 4(e),
Page 4]
No provision has been made for automatic removal or
forfeiture of membership based on absence or tardiness
by the new Board's members. The Commission's plenary
power of removal is expressed in the following language
which is contained in the ordinance, as distributed:
All members shall serve without compensation
for terms of office as indicated hereunder
and shall be subject to removal by the
Commission for any cause. [Section 2(b),
Page 2]
10459 '
L
Ik
71TY OF `iIAMI. LORIDA
m
-NTER•OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Jorge L. Fernan
=" Acting City Att
ATE. May 25, 1988 .,,
aU8JEC7
�E`EPENCES:
^!CLOSURES:
City Commission Agenda
June 9, 1988
Restructuring of Waterfront
Board; Motion No. 88-439
(Mav2)2, 1988)
The attached proposed ordinance is being forwarded for
Agenda placement on first reading pursuant to the above -
referenced motion. Under the provisions of this ordinance, the
existing Waterfront Board is abolished with the simplified
criteria for membership eligibility on the ten member
restructured Board (renamed Miami Waterfront Advisory Board)
being contained in Subsection f of Section 2:
Members shall reside in the City, maintain a
place of business or office in the City, or
own real property in the City at the time of
their appointment.
The Preamble sets forth the following guidelines for
Commission guidance in making nominations of individuals to serve
as Board members:
. the City Commission in nominating
individuals for appointment to such
restructured Board shall recognize and give
due consideration to the needs of the public,
as represented by various public and marine
interests groups within the City, such as the
Marine Council and the Greater Miami Marine
Association, boating clubs, -marina tenants,
environmental preservationists, and civic
organization; . . . .
The ordinance provides for staggered membership terms by way
of an initial two year term for five members (Category A) with
the remaining five members (Category B) being appointed for a
three year term. Subsequent terms of all members in both
categories are for three years. The Mayor and each Commissioner
are to make one nomination for -each Category. An alternate
member is provided for, -under the ordinance, whose term of office
is three years and who may be appointed from nominations by the
Mayor or any Commissioner.
1.Q4S!) '
Honorable Mayor and Members
of the City Commission
May 25, 1988
Page 2
We have provided for an initial appointment of James,
Wellington for three years due to Commission emphasis placed on
his appointment as a member of the existing Board at the May 12th
Commission Meeting. Other members currently serving are listed
in the attached May 20, 1988 schedule furnished by the existing
Board's chairman, Stuart Sorg. The proposed ordinance makes no
provision for retaining any of these listed members on the
restructured Board and does allow the members of the new Board to
select the Chairperson from among Board members.
The ordinance has no fixed timetable for the'Board to follow
in its deliberations and reports to the Commission. Monthly
Board meetings are scheduled unless there is no business pending
before the Board. The ordinance contains, no automatic removal
language for members' non-attendance but does authorize removal
of members for any cause whatever.
The Commission's essential charge to the Board is
substantially .expressed in the ordinance title and is fully set
forth in Section 3 of the ordinance. The Board's duty to render
reports is as follows:
The Board shall report in writing to
the City Commission at least once each three
months. and shall file a copy of said report
with the City Clerk. The Board shall provide
such additional reports as from time to -time -
may be necessary to discharge its
responsibility.
Assuming your adoption after a second reading on July 14th,
the ordinance would become effective August 13, 1988.
Accordingly, your nominations of individuals in each membership
category (two year and three year terms) would be in order on
July 14th and -at the July 28th meeting.
RFC/pb/bss/M088
cc: Stuart Sorg, Chairperson, Miami Waterfront Board
Cesar H. Odio, City Manager.
Attn: Aurelio Perez-Lugones, Legislative Administrator
Walter Golby, Director
Department of Parks, Recreation and Public Facilities
Sergio Rodriguez, Director, Department of Planning
Rafael E. Suarez -Rivas, Assistant City Attorney
W
14459:
BORG
MARKETING
GROUP
SINCE 1964
GROUP REPRESENTATIVE
GROUP I - Marine Council, etc. David Ray
Commissioner Plummer
GROUP II - Yacht Clubs Vacant
GROUP III - Environmental and so
forth Vacant
GROUP IV - Residents of Miami Chairman Stuart Sorg
Vice Mayor Kennedy
GROUP V - Marine Tenants Armando Pares
Commissioner Carollo
GROUP VI - Position 1: Vacant
Position 2:' Hugh Padrick
Mayor Suarez
Position 3: Dario Pedrajo
Commissioner Plummer
Position 4: Vacant
Alternate: Vacant
May 20, 1988
EXPIRATION
DATE
4-18-89
4-18-90
4-18-90
4-18-89
4-18-90
Network Marketing * Government / Public / Community Relations
Latin American Trade 6 Tourist Oevelopment
P.O. Box 73 • Coconut Grove, Florida 33133 • (3053 656-0558 13
IL0459:
I1
CITY OF MIAMI. FLORIDA
!NTER•OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
°N Jor a L. Fer andez -�
City Attorn
ATE
-aiE
;EFEPENCES.
-`CCLZ S'J RES
TILE
June 9, 1988
City Commission Meeting
June 9, 1988
Agenda Items #10, #13, #27,
# 28 , # 58 , # 59-#62 ,
#70, 475.. #83 and
Non -Agenda Items
The following information and material should be considered by
you in your deliberation: at today's Meeting:
Agenda Item #10 (J-88-510) [Resolution accepting bids
for furnishing radiators and glass repairs] The bid
/ award for auto glass which is contained in this
Resolution, as distributed, incorrectly identifies the
lowest bidder for this service item. The cost per unit
when computed correctly establishes the Latin Auto
Glass, Inc. as the lowest bidder and we are forwarding
the corrected resolution to the City Clerk.
Agenda Item #13 (J-88-514) [Resolution accepting bid
for an electronic mail processing system] A bid
protest has been filed in oonneotion with this item.
The Chief Procurement Officer's rejection of the
protest based on the lack of responsiveness on the part
of the protesting bidder has been approved by the City
�f Manager and City Attorney. Accordingly, we are
attaching a resolution which provides for your approval
of the rejection and this attached resolution_ should be
substituted for the one- s r u e n the AMMINn
Agenda Item #27 (J-88-528) [Resolution authorizing
agreement in connection with groundwater contamination
problem at South District Police Substation] This
contract for the professional services in connection
with this item has been reviewed and approved. A copy
is attached for your information and ref erenoe. No
change whatever is required in the resolution which may
e adopted as distributed.
1045
MATTY HIRAI w .r'� f► y
City Clerk
G. c a+fin, 96 • i r P
Of�O.FIOQ/
August 26, 1988
Mr. James Wellington
P.O. Box 144561
Coral Gables, FL 33114-4561
RE: MIAMI WATERFRONT ADVISORY BOARD
Dear Mr. Wellington:
CESAR H. ODIO
City ManAger
Enclosed herein please find a copy of Ordinance No. 10459,
passed and adopted by the City of Miami Commission at
its meeting held on July 14, 1988, creating and establishing
a new Waterfront Board. You have been appointed to serve
under Section 2, d.
We congratulate you on your reappointment.
Ver truly yours,
atty Hirai
City Clerk
MH:vg
Enc: a/s
OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065
L
I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
Cesar H. Odio, City Manager
Att: Aurelio Perez-Lugones
FROM: o e Fe ande
L ytor
G�
DATE: FILE:
June 17, 1988 J-88-465
SUBJECT:
Restructuring of Waterfront
Advisory Board -Second Reading
REFERENCESCity Commission Meeting
July 14, 1988
ENCLOSURES: C 1 )
Attached find the Waterfront Board restructuring ordinance
to be considered by the City Commission for second reading at'its
July 14, 1988 Meeting.
As discussed in the deliberations at the June 9th City
Commission Meeting, we have added language in Section 2(b) which
provides for automatic removal from membership for unexcused
absences by a Board member. This is the only change in this
Ordinance from the item as adopted on first reading.
JLF:RFC:bss:P568
cc: Matty Hirai, City Clerk
Walter Golby, Director
Department of Parks, Recreation and Public Facilities
Rafael E. Suarez -Rivas, Assistant City Attorney
Stuart Sorg,'Chairperson
IL0459
MIAMI REVIEW
Published Dally 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 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
I�th9 tgette� MIAMI
NOTICE OF PROPOSED ORDINANCE
RE: "DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE"
In the ......... X ..X ..X....................... Court,
was published in said newspaper in the Issues of
July 1, 1988
Attiant further says that the said Miami 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 bras been entered as
second class mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the fir blication of the attached copy of advertisement; and
affla fu her says that she has neither paid nor promised any
persalh, Jlrm or corporation any discount, rebate, commission
or r t for the pur ose Qcuring this advertisement for
pub tfon in th �TIA�j/��',' �� •
_.._...�� .� -T.,..,q�,..._ _._-------- .---
• Sworn to and subecribed. before me this
=_cn , 413>alaw
.... daiG r..... Jul �. .^ A.D. 19.... 8.8
p C
.........., . .... , '�.:.� ....�.
i t inchez
��plotit Pdblit�t�`of Florida at La e
(SEAL) / firrrr r 1t111�
My Commission expires Je 21, 1991.
MR 114A
MIAMI 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 of Legal Advertising of the 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. 10459
RE: ORDINANCE CREATING
AND ESTABLISHING A MIAMI
WATERFRONT ADVISORY BOARD
Inthe ..........X . X.. X...................... Court,
was published in said newspaper in the Issues of
July 26, 1988
Afflant further says that the said Miami 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 kas been entered es
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�anydl
s neither aid nor promised any
person, firm or corporation n rebate, commission
or refynd for the purpose ring t is advertisement for
publi atiAnin the said new
��� �.� . • 'Sti 5Mjst�(/wr%i�bscribed before me this
2.� day.of , A.D. 19....88
�
• Ch I H. Marmer
N.� v itIO�PuHlic, rate of Florida at Large
(SEAL),, .% . � • ti�
My Comigi Pa�.'expires• A�f1Q2�a`I992.
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