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HomeMy WebLinkAboutM-80-0366April 2201980 Ms. Dena Spillman,Director Community development Department 1145 N.W. 11 St. Miami,Fla. 33136 Dear Ms. Spillman: The Agencies providing social services in the Little Havana Target Area, wish to express our views regarding community participation in the Com- munity Development meetings. As Agencies providing services to the residents of the area, we are con- cerned with the lack of opportunity to participate in a more dynamic way in the community development process. We feel that community participation and decision making must continue to be fostered from individuals who live and work in the area, and from agencies who are situated in the target areas and are providing services to its re- sidents. We must emphasized the need for these Agencies to contribute more directly to the process, since they are cognizant of the community needs. We would like to suggest the implementation of the following recommendation as a way to insure a real community participation. Elected chairperson and co -chairperson. A minimum of 5 committees should be established These committees formed by volunteers from the community are: Housing Social Services Crime Prevention Parks and Recreation Beautification of the area We appreciate your attention and consideration to these matter$& Sincerely yours, i /. �,'7� ice.--•�+ ,j��/� -+�.- 4 Octavio Blanco, Assistant Director ACTION COMMUNITY CENTER INC. 970 S.W. 1st. Street Miami,Fla. 33130 .. C � < <' �. � � •%-C� � •-t.� ..�• it �'�4� Mercedes Campano,ACSW,Program Director CATHOLIC SERVICE BUREAU INC. LITTLE HAVANA OUTREACH OFFICE 970 S.W. 1st Street Miami,Fla. 33130 Oscar Vidal,Director HOGAR INDUSTRIAL DEL CIEGO 970 S.W. Xst Street Miami,Fla. 33130 Miriam Roman, Administrator CENTRO MATER 406 S.W. 4th Street Miami,Fla. 33130 Victor Larger, Administrator RESIDENTIAL HOMEMAKER PROGRA-1 140 S. Flagler St. Room 1605 Miami,Fla. 33130 .�:✓ l" vim. �--/� Lourdes Garcia,Director CATHOLIC SERVICE BUREAU INC. LITTLE HAVANA CHILD CARE CENTER 970 S.W. 1st Street. Miami,Fla. 33130 Willie Gort, Chairman LITTLE HAVANA DEVELOPMENT AUTHORITY 970 S.W. 1st Street. Miami,Fia, 33130 1 _ �✓..I ^�..�.r''" /• Ham' '. �`'/ � 1 ;Ju$Vo . egalado;Director ASOCIACION LOS VIEJOS UTILES 970 S.W. 1st Street Niami,Fla. 33130 'Miriam Canas, Director ASOCIACION PRO PERSONAS MAYORES 1150 S.W. 1st. St.Room 113 Miami,Fla. 33130 Rafael Villaverde,Director LITTLE HAVANA ACTIVITY CENTER 819 S.W. 12 Ave. Miami,Fla. 33130 Joseph R. Grassie City Manager _ O -. . ly N Ej ;_00001 April j. Report on Citizen Participation �' l G': Dena Spillman, Director Department of Community Development �}"rh k�•.CES `�� When the City Commission adopted the Citizen Participation Guidelines in April, 1979, it was requested that an evaluation by staff be completed on the program after a one-year trial period. In accordance with that request, attached is a report on citizen partici- pation including the following: - Federal Requirements for Citizen Participation - Review of City of Miami Citizen Participation Guidelines - Evaluation of Trial Year Program - Alternate Models of Citizen Participation On April 15 and 16, 1980, staff conducted meetings with Community Development Advisory Board members and the community to solicit their input and comments on citizen participation and the current Board system. At the community meeting on April 16, 1980, it was recommended that a public meeting be held in each target area so the community could determine what type of structure is best for their neighborhood. Board members, however, felt that the current system was working well, with minor adjustments in the citizen participation guidelines required. Further, it would be extremely complicated for such neighborhood meetings to be conducted. Based on staff experience this past year and comments by Advisory Board members, the Board structure has been an effective model in most target areas. The major problem ha. been a lack of geographic representation on some Boards. In order to support the recommendations of the community and in order to assure a geographic and economic mix of Board members, it is hereby recoinnended that the City of Miami Community Development Advisory Boards consist of 10 members elected by the tar( 'jet areas and 5 members to be appointed by the City Commission after the elections are held. All Board members shall serve a 2 year term. Should the City Commission approve this concept, staff will proceed to prepare revised Citizen Participation guidelines for Commission review in May and a schedule of elections to begin in July. Federal Requirements for Citizen Participation The Federal Regulations governing the Community Development Block Grant Program require that the City of Miami, as applicant, provide an adequate opportunity for citizens to participate in an advisory capacity in the planning, implementation and assessment of the Community Development Block Grant Program, although the responsibility and authority for the application and execution of the Community Development program rests with the City of Miami. In order to ensure citizen participation, the Federal Regulations require that a written citizen participation plan be prepared which outlines procedures for citizen involvement in the Community Development process. The plan is to remain in effect until all Community Development activities are completed or a new citizen participation plan is adopted. In accordance with the regulations, citizens shall be involved in an advisory capacity in developing the citizen participation plan, the Community Development application, selection of local option activities, and amendments to the applica- tion which require approval by the Department of Housing and Urban Development. Since the population of the City of Miami exceeds 50,000, the regulations require a process for citizen participation at the neighborhood level in addition to city-wide. Neighborhood participation, if in the form of recognized neighborhood advisory committees, must insure substantial representation of low and moderate income persons and minority groups. Residents of high impact areas, the elderly and handicapped, the business community and civic groups who are concerned about the programs, shall also be involved in the process. The City's written plan must provide procedures to involve citizens in the program, encourage submission of views and proposals, and give opportunity to assess and comment upon prograri performance throughout all stages of the program. The plan should specify how the City will respond to proposals and complaints, and outline the technical assistance the City determines appropriate. The regulation_, require that the City of f'iami provide information to the community regarding available funds, the ranfie of activities that can be funded, the planning process and the schedule for the approval of the application. The regulations further indicate the types of record keeping the City shall maintain with reference to the citizen participation plan, neighborhood meetings, and key documents relating to the application and implewentation of projects. While the written plan should provide for a sufficient number of public hearings to obtain views at different stales of the program, the following meetings meet the minimum requirewe nts. It is not required that these be held before the City Commission. Two public hearings are required prior to submitting the application: One hearing to obtain views and proposals on community development and housing needs and priorities. A second hearing to obtain views on the proposed appli- cation, prior to sub;iJssion for clearinghouse review. A third public hearing is required to provide an oppor- tunity for review of program progress and performance of the Community Development program. This hearing must be held within three months before or three months after the beginning of the program year. The City of Miami conducts two public hearings in the neighborhoods; one to obtain views and proposals and the other for the community to comment on the performance of the program. We additionally hold two public hearings before the City Commission prior to submitting the application. In some cities, the City Commission authorizes the City Manager or designee to conduct all public hearings and the community is not afforded the opportunity to formally appear before the City Commission. Notices of the public hearings are required to be published 10 days prior to a public hearing and additional efforts should be made to publicize the hearings. The notices of public hearings, and summaries of basic information shall be bi- lingual. Also, bilingual opportunities shall be offered at the required public hearings. 2 -- - -------- City of Miami Citizen Participation Guidelines In compliance with Federal regulations requiring the City of Piiami to prepare a written citizen participation plan outlining procedures for involving citizens in an advisory capacity in the Community Development Program, the City Commission, on April 30, 1979, conducted a public hearing to obtain feedback on citizen parti- cipation. During that hearing, Resolution 79-317 was adopted providing guidelines to be incorporated in a written plan, which was subsequently adopted by the City Commission on May 22, 1979. Prior to that tine, the City of Miami participated in Metropolitan Dade County's Citizen Participation Program. The decision to create an independent City of Miami Citizen Participation Program resulted from feedback at the April 30, 1979 public hearing, but basically be- cause the City's entitlement grant has increased and the County's decreased. While not required by Federal regulations, the City of Miami Citizen Participation Guidelines recognize neighborhood advisory committees by creating elected 15-member Community Development Advisory Boards in six of Miami's Community Development target areas: Allapattah, Edison Little River, Little Havana, Model City, Overtown and Wynwood. Downtovin, by resolution, was to be an Ad Hoc appointed Board; Coconut Grove was to maintain the joint CAA/CD Board since that was the preference of the neighborhood. The purpose of the Board is to advise the City Commission on target area needs and priorities. The City Commission stated at the public hearing of April 30, 1979, that this new process would undergo a one year trial period, after- which time the process would be evaluated. The City's Guidelines state that each Board should meet at least once quarterly, exceeding the ininimuni requirements of the Federal regulations. However, the Boards have convened public meetings on the average of one meeting per month per area. Staff, at the request of the Boards or in order to facilitate understanding of citizen participation, the Community Development Program and process,and housing, conducted several work -,hops for all Boards. Other- specialized workshops were conducted with individual target area Boards. Furthermore, the City Commission held an additional public hearing prior to sub- mitting the Community Development application to obtain views and comments from the Boards and residents. In bilingual coivvunities, notices, flyers, agendas, correspondence, documents and proceedings of ireetinc,s were written in Spanish and English, and the meetings were conducted in English, Spanish and Patua when necessary. 3 el Evaluation of Trial Year Program On April 15, and April 16, 1980, staff conducted two meetings to solicit recommen- dation and comment with respect to the current citizen participation system and citizen participation in general. The first meeting was held with the Community Development Advisory Board members; the second was opened to the public. The following comments were made during the two meetings. Some of these comments are followed by staff comment. 1) Some Board members felt that they did not have sufficient decision making authority with respect to the Community Development plan in their res- pective areas and felt that they were used to "rubber stamp" an existing 6th Year Plan. Staff Comment: Prior to the creation of the new Citizen Participation Guidelines and the election of the Advisory Boards, the City Commision, as required by HUD, approved a three year plan which outlined those activities to be undertaken with Community Development funds in each target area from 1979-1982. This plan was also approved by [IUD prior to the creation of a new citizen participation system. The three year plan was developed with target area groups under the old citizen participation system. Because the Boards started in the second year of the three year plan, many misunderstandings resulted during the trial year of the new citizen participation process. Board memibers became frustrated when City staff presented the existing strategy for their target area, even though the planning process was explained to them on several occasions. Board members generally were not satisfied with their role of amending the existing 6th Year Plan. Their input did, however, result in substantial changes to the 6th Year Plan, application and amendments to the three year plan. Some major accomplishments of the Boards were: 1. Identified need for economic development at the neighborhood level which resulted in the allocation of 6th Year funds for a local development program in each area. 2. Recommended expansion of boundaries of two NSA's which was later approved by the City Corwin ss i on. 3. Recommended that money generated from sale of land acquired with Community Development funds return to the respective target area. This was also approved by the City Commission. 4. Recommended that certain projects be funded or deleted from 6th Year Plan which resulted in changes to the Plan, 5. Provided input into neighborhood redevelopment plans. 6. Provided input and recommendations for specific infill housing sites. ■ 4 00ft' r 7. Provided input and recommendations on park design and location. 8. Provided recommendations on particular streets to be included in street improvement programs. 9. Recommended the name change of a target area which was approved by the City Commission. 2) Board members felt that staff did not respond to the desires of the community. Furthermore, they do not understand how serious their recommendations are taken. Staff Comment: Board members expected City staff to recommend to the City Commission for approval all of those projects that the Boards felt were a high priority, without professional review. The process followed this year, as well as in previous years, has always been the same - community groups make recommendations to staff; staff reviews these recommendations in light of federal and local policies and riakes a final recommendation to the City Commission. At the same tire, community priorities are submitted to the City Cormission for review. The City Commission then, at two public hearings, reviews staff recormendations and allows residents the opportunity to again present their point of view. Final funding decisions are always made by the City Commission. Some Board members have threatened legal action against the City because on some occasions the City Commission agreed with staff recommendations. 3) Some Board members feel City services in the neighborhood need to be improved in order to have more effective citizen participation. 4) Some Board members feel that terms should be staggered and terms should be more than one year since they feel it takes almost one year to under- stand the Comar;unity Development Program and process. In general, the Boards feel they have been educated by this process and have been able to educate the community. This system has also substantially increased citizen participation. 5) Boards feel that they sometimes need to meet prior to Board meetings to have a better understanding of agenda items. They feel that all business cannot be conducted in open advertised public meetings. Guidelines need to be amended to allow this. Staff Comment: Staff feels that Boards, through sub -committees and specialized workshops can accomplish this. In many areas, upon Board request, staff has conducted workshops with individual Board members and all Community Development Advisory Board members. 6) Sovie Board r,embers feel their Board does not represent the total target area and possible geographic distribution of representation should be required or reconsideration should be given to the current method of electing the Boards to ensure balanced representation. ■ 5 n e Staff Comment: Federal guidelines suggest that all segments of the community take part in the Community Development process. Representatives from low and moderate income groups, the elderly and handicapped, and civic and business asso- ciations are all to be involved. The current system does not insure that this will occur. Further, the system does not guarantee proper geographic and ethnic representation on the Boards. 7) Some Board members feel that all neighborhood issues should be brought be- fore the Board before the City takes action. Staff Comment: When the new citizen participation process was adopted by the City Commission, the Boards understood that all issues affecting the neighborhoods under City jurisdiction would be brought before the Boards for comment and recommendations. During this trial year, so much time was dedicated towards orienting and familiarizing the Boards with Community Development activities that there was not sufficient tine to bring other issues before the Boards prior to the time they were addressed by the City Commission. This tended to frustrate the Boards because they felt staff should ensure that they were the recognized neighborhood body. If the Boards are to address all issues affecting their respective neighborhoods, a more coordinated process needs to be implemented to discourage other, neighborhood meetings and public hearings from being conducted independent of the Boards. 8) Non -Board weilbers expressed concern that the current system almost precludes their participation since they cannot vote on recommendations. Staff Comment: This issue has been expressed to staff on many occasions by non -Board members. While the Guidelines state that voting should not take place prior to the community being given the opportunity to express their opinions, in some instances, the Board's vote has not fully reflected the will of those who took the tine to attend mneetings. The Guidelines do not guarantee that a Board's vote viill reflect the will of the public. 9) Non -Board u�er,:bers feel that Board members require more training, particularly in the areas of economic development, parliamentary procedures, board skills and board dynamics. 10) Non -Board mer„bers feel that Guidelines require clarification with respect to role of Boards and role of staff. Staff Comment: The citizen participation guidelines developed by City staff do not address issues such as the role of the staff in the planning process, the right of the City Commission to change or amend the process when necessary, and specific responsibilities of the Board. While this lack of clarity has resulted in some confusion on the part of the Boards, most of these issues have been explained to residents on several occasions. 2 It was generally indicated at the meeting with Community Development Advisory Boards members that they are pleased with the current elected Board system and would like to see it continued. While they feel that improvements can be made with respect to staff/Board communications and the manner of publicizing and involving citizens in neigh- borhood meetings, they feel the elected Board system works well in their respective target areas. Non -Board members feel that based on concerns expressed by attendees of the meeting, each neighborhood should be allowed to decide on what type of citizen participation model they want through a public meeting in each target area specifically for that purpose. M 7 Alternate Models of Citizen Participation The current citizen participation model recognized in most of our target areas this first trial year has been the elected Board system. There are alternate models of citizen participation which are briefly described, including the elected Board system. In our current system and for clarification of what is meant by eligible participant, voter, or person in the Board models, eligibility is defined as: A person 18 years of age and a resident of the target area, or owns property in the target area, or is the director of a non-profit organization not receiving Community Development funds located in the target area, or is the owner and operator of a business in the target area. 1) Neighborhood Forum: The neighborhood forum is an open, highly participatory structure. Participation is at the neighborhood level through open meetings. Any person attending an advertised public meeting i.;ay participate in the discussion and agenda of that meeting. Parti- cipation is thus open to all persons who attend meetings. The forum is conducted by City staff, and meetings are scheduled by staff in compliance with the required neighborhood rieetings to solicit citizen input and recommendations throughout all stages of the Community Development Program. Advantages of This Model 1. Potential for broader participation. 2. Least costly system of citizen participation, requires less administrative costs. Disadvantages of This Model 1. Potential resentment by the community that City staff is conducting and calling meetings. 2. Potential for less rapport between staff and community, 3. No ensurance of continuity of involvement. 4. Since majority vote rules, there is no guarantee that minority interests will be represented. 5. It would be very difficult to insure that participants are from the community and represent interests of community. Ll • / rN 2) Chairperson/Forum: This structure, like the Neighborhood Forum, is an open, highly participatory structure also allowing any person attending an advertised public meeting to participate in discussion of and voting on the agenda of that meeting. Parti- cipation is thus open to all persons who attend each meeting. The Neighborhood Forum is headed by a Chairperson elected at a public election by registered, eligible voters. The Chairperson presides over all meetings and assists staff in coordinating neetings and agendas. This person would represent the community before the City Commission. Continuous involvement in the process could be assured through the establishment of standing and ad hoc committees which study and make recommendations on various issues. Advantages of This Model Disadvantages of This Model 1. Potential for broader participation 1. Since majority vote rules, there is no guarantee that minority 2. Ensures adherence to necessary interests will be represented. planning schedules and agendas. 2. Tendency of neighborhood to confuse 3. Community selection of leadership. role of Chairperson with that of the City Commission. 4. Provides direct link between community and staff, and con-Imunity and Commission 3. Potential perception by minority through the Chairperson. interests that they are not re- presented by one person. 5. Communication facilitated when you are dealing with one person. 4. It would be difficult to insure that participants are from the community and represent the interests of the community. �i 3) Elected Boards: This would be the current citizen participation system. This structure allows pre- registered, eligible voters to elect a Board to serve in an advisory capacity to the City Commission on target area needs and priorities. The board would have 15 members of which 3 officers, Chairperson, Vice -Chairperson and Secretary, are selected on a cumulative vote basis (highest tally of votes). Once the election is held, the community gives up their right to vote on recommen- dations but could participate in neighborhood meetings. Voting power is reserved to the board. The boards vote, however, would not be taken prior to allowing participants to express their opinions. All meetings would be advertised and open to the public. Advantages of This Model 1. Democratic selection of representation by the neighborhood. 2. Boards tend to promote a sense of community and interest in the neighborhood. 3. Familiarity 4. Continuity of involvement throughout term of Board. Disadvantages of This Model 1. No assurance that Federal guide- lines are met with respect to a recognized advisory committee that is representative of low and moderate income, handicapped, elderly, minority interests, financial and business community and civic community. (If an elected board is to have balanced representation, each post would have to be designated for a particular category based on the characteristics of the neighborhood and geographic districting. This possibly could help ensure balanced representation. Nominations would be accepted for individuals who are eligible by the category of a pre- determined characteristic). 2: While there is more continuity of involvement throughout the term of the Board, staggered terms may be necessary to eliminate the orienta- tion process each time an election is held. 3. Boards tend to want more decision making authority rather than accept advisory role. 4. Tendency of Boards to meet privately and make decisions thereby precluding community participation prior to voting. 5. Community cannot vote on recommendations. 6. No assurance that Boards' vote will reflect minority interests. 10 ElectedBoardsCont, 7. Tendency of Boards to want to deal with issues beyond their jurisdiction thereby confusing their role with that of elected officials. r elk, 4) Appointed/Elected Boards: This would allow for a democratic, target area -wide election of a defined number of members to an Advisory Board, as is currently done by pre -registered, eligible voters. Subsequent to the election, those interests that are not represented by the elected members and required by HUD, would be appointed by the City Commission. This could be done by soliciting applications and resumes of interested individuals who re- present the particular characteristics of the Board that are not represented by the elected members. The total Board would then select their own three officers: Chairperson, Vice - Chairperson and Secretary. The Board would advise the City Commission on target area needs and priorities. All meetings would be advertised and open for the public to make their recommendations prior to the Board taking a vote. Advantages of This Model Disadvantages of This Model 1. Democratic selection of representation 1. Tendency of Boards to meet privately by the neighborhood. and make decisions thereby precluding community participation prior to 2. Boards tend to promote a sense of voting. community and interest in the neighborhood. 2. Community cannot vote on recommendations. 3. Boards would have balanced repre- 3. Tendency of Boards to want to deal sentation of the neighborhood with issues beyond their jurisdiction characteristics as required by thereby confusing their role with HUD. that of elected officials. 4. Continuity of involvement throughout the term of the Board. 4. Potential conflict between elected and appointed members. 12 5) Appointed Board: Depending on the characteristics of the neighborhood, resumes and applications would be solicited from interested, eligible individuals. The City Commission would then appoint a Board in each target area to advise the Conmiission on target area needs and priorities. The Boards would be balanced and representative of the particular neighborhood. The Board or City Commission would appoint officers. Open meetings would be held, and prior to voting, all interested persons would be allowed to express their opinions. Advantages of This Model Disadvantages of This Model 1. Boards tend to promote a sense of 1. Potential perception by community community and interest in the that they could not participate neighborhood. in selection of their Board. 2. Board would have balanced repre- 2. Potential perception by community sentation of the neighborhood that appointees do not represent characteristics as required by their interests. HUD. 3. Boards tend to want more decision 3. Continuity of involvement through- making authority rather than accept out term of the Board. advisory role. 4. Tendency of Boards to meet privately and make decisions thereby precluding community participation prior to voting. 5. Community cannot vote on recommendations. 6. Tendency of Boards to want to deal with issues beyound their jurisdiction thereby confusing their role with that of elected officials. 13 COMMUNITY DEVELOPMENT ADVISORY BOARD FIRST ELECTIONS Target Areas Election Dates Wynwood July 23, 1979 Little Havana July 30, 1979 Allapattah August 16, 1979 Model City August 13, 1979 Overtown September 27, 1979 Edison Little River October 4, 1979 In accordance with the current guidelines, the term of the Board is one year from the election date. 14 3 e- 101` Estimated Yearly Budget for Citizen Participation Salaries Assistant Director Administrative Assistant Typist Clerk II Typist Clerk II Typist Clerk I Community Involvement Specialists (6) Newspaper Advertising Printing Office Supplies Postage Travel Reimbursement Telephones Miscellaneous Citizen relatinn to special workshops) Total $22350 75% of time $16000 $11200 $11200 $ 9819 $84600 $29000 (average 3 ads per meeting per target area $12000 (flyers, agendas, guidelines etc.) $ 2000 $15000 $ 2000 $ 5760 (5480.00/mo) $ 1800 $222329 This includes responsibility for Citizen Participation in 5 target areas; 3 Great Neighborhood Program areas; the Citizen Response Center and Over - town Response Center. 15 GEOGRAPHIC DISTRIBUTION OF TARGET AREA BOARD MEMBERS 16 20 cc t�•S �,TTLE R�VeR I ;I_I� KA ILI r..c,._,--. •_ , N.E. 79 ST. 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'{-fir I-- 'r•r, - -- ,- .j1._ .. .. � _� � I ! ,!'L J it I I. I IL ��(_ __ 111-::�►!��;l;�,; !' ,��,( it �; ��,,� ,� _.__ �� ;, -,�,. t�s �.►. to AV E.I f J I __ _ _� i , � i if I f � ;► , l�_ 1I,�_I �� i! ��, l� �, 1•� N.V.?. 7 AVE f�-'—" I-0.,5 E`%PHESS` AY _ _. _. n_ _mot---.��.___-_ _��._.._.___...!Y.inyf..,F•�Y�R4�a.,'JI1�i..IdriJ.wt —�: -^.+ - RESOLUTION NO. 7 3- 3 17 A RL'SOLITrION E"TABLISHING GUIDELINES FOR CITIZEN PARTICIPATION IN CO:•iI•IUIIITY DEVLLOPMf:t.'T TARGj:T AREAS AS REQUIRCD BY THE HOUSING AND COMMUNfTY DEVELOYME14"r ACT OF 1974, AS AME'IIUI;D, AND AUTHORIZING THE CITY PIANAGER TO IMPLEMENT SAID GUIDELINES. WHEREASS, the City of Miami. is a recipient of Community 0 Development Block Grant entitlement funds; and V7ERLAS, the Housing and Community Development Act of 1974, as amended, requires citizen participation in the planning, imple- mentation and evaluation of Coiruminity Development Bloch Grant Activities undertaken by the City of Miami with entitlement funds; and WIIERI?-AS, tine City of Miami Commission, in response to requests from Target Area residents to develop all equitable and responsive citizen participation syntem, convencd a'public hearing which confirmed the boundaries of eight designated residential neighbor- hood area:,, commonly refer•rod to as Target Areas, as follows: Allapattai,, Coconut. Grove: Culmer, Do.antown, Edison Park/Little River, Little Havana, Model City, and Wynwood, as reflected in the attached maps; and WHEREAS, certain guidelines reflected herein were adopted at said public hearing, insuring a system of citizen participation; NOW, THEREFORE, DE IT RESOLVED BY THE COrUIISS.ION OF TI3E CITY OF MIA.I4I, FLORIDA: Section 1. F,s generally required under the provisions of the Housing and Community Development Act of 1974, as amended, a fifteen member Community Development Advisory Board shall be forthwith C;Ty C014IMISSION MEETING Or ! 1�,►��x ......... ........... ....... 0 v%:'i; : -a:.91-it Community Development Target J+reas i r .'%L_,Ctuv' ii j thrs mans attached llcroto and •Sant- ion 2 . (n.) Lach Community Development Advisory Board sliall have the ::ol.).owing three (3) officers: Chairman, Vice -Chairman, and Secretary. (b) Officers sriall be elected at 'Target Area -wide elections in each Community Development Target Area on a cumulative. vote basis, with the person receiving the highest vote to serve as. Chairman, the person receiving the second highest vote to serve as Vice -Chairman, and the. person receiving the third highest vote to serve as Secretary. (c) Elected officers shall not serve consecutive terms of office. However, officers elected during the initial election . f or one year terms may serve for one adc]itional two-year terra. ;section 3. Qualifications for Advisory Board Membership. (a) All Community Development Advisor:y Board members, including officers, shn11 meet the following criteria: lie or she must be eighteen (18) years of age or older; own property in the Target Area, er be a Target Area resident, or own and operate a iris Ines s in the Target Area. (b) No person shall serve on more than one Target Area CorramunitY Development. Advisory Board, either as an officer or a board member. Section 4. (a) Voters in Community Development Advisory Board elections shall meet the same criteria as those established for Advisory Board membership, as set forth in Section 3 herein. "2- 79-317 (b) vio eligible voter nliall exercise his or tier vote in more l:ltan one Community Oe.valopnent.: Target Area etectiun. Section 5. Election Proccdurca. (a) Registration (i) .T.n each Cotmunity Development Tzi get Area there shall be a three week pre -election registration period with hours established to provide maximtun opportunity for registration for all interested parties. (ii) All registrants must prove eligibility in accord- ance with the criteria outlined in Section 3 herein, at the time of - registration. (b) Nomination of Candidates for Advisory Boards (i) A nomination meeting will be held in each Community Development Target Area subsequent to the registration period. • (ii) All nominees for Advisory Board membership shall be present at the nomination meeting unless written notifica- tion is provided at least five (5) days in advance of the meeting. (c) Elections '(i) Elections shall be held with the assistance of the Dade County Community Action Agency and the Dade County Elections Department. (ii) The City of Miami staff- shall exercise super- visory responsibility over the election procedures. section G. Advisory Board operating Procedures. (a) Meetings. Comrttunity Development Advisory Hoards shall meet: at least quaiterlf. , • �3" (b) notification of t'teetings . The City of Miami staff shall provide proper notice for all Community Development Advisory Board teetings . (c) Quorum. For the purpose of transactAng Advisory Board business, a quorum is 50% of the Board membership plu3 one. (d) Minutes. Proceedings of all Advisory Bt -^rd Meeting-, nhall be recorded by City of Miami staff, and di:tribur_ed to all Board members and members of the City Commission as soon after such meeting as practicable. Section 7. Removal of Advisory'Board Members. (a) Advisory Board members who are absent from two con- secutive meetings or two meetings per year unless for reasons of illness, shall be automatically dismissed and shall no longer serve as members of the Board. The City Commission shall appoint a replacement for the remainder of the term of the dismissed Board member. (b) Should any Advisory Board member in office fail to continue to meet the established eligibility requirements, his/her membership shall automatically expire. -Tile City Commission shall appoint a replacement for the remainder of the term of the dismissed Board member. Section 8. Community Development Advisory Board Actions. (a) All recommendations on Community Development related matters s►►all be considered by the appropriate Community Development Advisory Board prior to consideration of those matters by the City Commission. (b) The chairmen of the Community Development Advisory Boards, in making recommendations to the City Commission on Community -4- 0 11 79-117 Development related matters shall be rosputwililo for accuratnl.y reflecting the majority opinion of the Doards. PASSED AND ADOPTED this 30 day of AVRTV ATTEST: RALIP, G. Vtt'GIE, CITY CLLRk. PRLEPARi D AML APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APP MAURICE A. mRpm MAURICE A. FERRE M1iY0 R AS TO CORRECTNESa,AF ND FORM: ' GEORGE Y� F.NOX, JR. , /CITY nr�ORNEY 0 C3737=Mjw'\',,] 3PA'J:;73C3,1=-,A73CN 3LIJj=mim3N LES av(ommm MAY 22s. 1979 r) 'GUIDELINES FOR COMMUNITY DEVELOPMENT ADVISORY BOARDS IN THE CITY OF MIAMI SECTION I INTRODUCTION The federal regulations governing the Community Development Block Grant Program require the establishment of a system through which community. residents can participate in the planning, implementation and evaluation of Block Grant funded activities. In order to maximize the opportunity for resident participation in the community development decision making process, the City of Miami has , established a formal citizen participation system which will be employed in the City's Community Development Target Areas. SECTION II COMMUNITY DEVELOPMENT ADVISORY BOARDS In each of the City's eight Community Develooment Target Areas (see attached Target Area maps) Community Development Advisory Boards will be established. The Community Development Advisory Boards will be responsible for advising the Miami City Commission on needs and improvement priorities in the Target Areas, including recommendations for the expenditure of Community Development Block Grant funds to meet Target Area improvement needs. SECTION III FUNCTIONS OF COMMUNITY DEVELOPMENT ADVISORY BOAR The Community Development Advisory Boards will be responsible for providing a leadership role in eliciting Target Area -wide resident parti- cipation in the community improvement decision making process including: A. Promoting interest in community improvement in the Target Areas. B. Providing residents with an opportunity to discuss community concerns and related issues. C. Providing an opportunity for community residents to identify community needs. D. Facilitating two-way communication with government representatives and target area residents, and assisting government in communicating its program services and benefits to target area residents. E. Recommending priorities for community improvements. F. Reviewing the progress of community improvement activities. G. Conducting public meetings. SECTION IV RESPONSIBILITIES OF THE BOARD A. IIn pursuing objectives indicated in Section III, the Board, with the assistance of City staff, shall: 1) Hold meetings at a date, time and facility that will allow maximum citizen participation. 2) Assist in providing sufficient notice of meetings and agenda items to community residents. 3) Conduct "open" meetings which provide residents the opportunity to voice their opinions, prior to the Board taking official action. 4) Review and take official action on Committee reports. 5) Make every effort to address and resolve target area concerns prior to being referred to the City Commission. Only matters approved by the majority vote of the members present shall be referred to the Commission. Minority points of view shall be documented as well. B. Participate in program planning, monitoring and evaluation. In performance of this duty the Board will: 1) Provide an opportunity for residents to identify needs and concerns. 2) Elicit the recommendation of program priorities for the community. 3) Recognize the general framework and time frame established by the appropriate departments for the preparation of specific plans and proposals. 4) Recommend priorities. 5) Review progress reports on activities within the target area. SECTION V BOARD ELECTIONS A. A fifteen (15) member Board shall be elected on a target area -aside basis by qualified target area residents, as defined in Paragraph F (Qualifications). B. The Board shall have three officers: - Chairperson - Vice Chairperson - Secretary C. The officers shall be selected by a cumulative vote method: The candidate receiving the highest tally of votes shall serve as Chairperson; the candidate receiving the second highest tally of votes shall serve as the Vice Chairperson, and the candidate receiving the third highest tally of votes shall serve as the Secretary. The candidates receiving the fourth through fifteenth highest tally of votes shall serve as Board members at large. - 2 - bk D. In the case of a tie. the nearly elected 3o3rd r•er,:bers shall, by closed ballot, vote in order to br(­31K the tie. E. The elected Board officers shall not serve consecutive terms of office. However-, elected Board wembers may be elected to serve consecutive terms as members of the Board. Officers elected during the first election, is a one year term, may be elected for one additional term of office. Henceforth, the term of office shall be two (?.) years. DUTIES OF THE OFFICERS DUTIES OF CHAIRPERSON: The Chairperson will preside at all Board meetings. Ile/she will provide the committees the opportunity to present their recommendations to the membership for action. He/ she will reflect action approved by the full membership rather than action of individual members. He/she will assist the staff in the presentation of agendas. DUTIES OF VICE CHAIRPERSON: The Vice Chairperson will, in the absence of the Chairperson, become Acting Chairperson of the Board with the rights, privileges, and powers. In case of resignation of the Chairperson, the Vice Chairperson will assume the office of the Chairperson. DUTIES OF SECRETAPY: The Secretary will be responsible for main- taining all minutes and other records of the Board. In the absence of the Chairperson and Vice Chairperson, the Secretary will assume the duties of Chairperson. If the Vice Chairpersonship is vacated, the Secretary shall assume those duties. F. QUALIFICATIONS: Each voter and each candidate for election to the Board must be 18 years or older, and must reside, or own residential or commercial property, or own and operate a 5usiness in the target area (see glossary for definitions). In no case will any indivi- dual be a member of more than one Board or vote in more than one Board election. Operators of non-profit.organizations not funded by Community Development funds and located in a Target Area shall be eligible voters and/or candidates. Proof of qualifications as an eligible vote), may be a voter's registration card, driver's license, or any reasonable written proof of his/her identity and place of residence. Deeds, mortgages, or Homestead Exemption receipts will serve as proof of ownership of property iithin the community. Proof of business ownership and operation will 5e City of Miami occupational licenses and partnership agreements or articles of incorporation. City emQloyees (other than from Citizcn Services Department or those whose salaries are paid either partially or entirely with Community Developments funds) may vote only in those target areas in which they reside. Any individual of a non-profit organization that is funded either partially or entirely by Community Development Block Grant funds will be restricted from participating as either a voter or Board members. - 3 - r) or,"# SECTION VI NO'MINATION PPOCEOUPE Registration to vote in the Board election will be held for three (3) weeks with flexible hours to allow all oersons to register, after which registration will be closed. The time and place of a target area -wide (as set forth in Section II) nomination meeting will be set by the City of Miami Citizen Services Department. Nomination meetings will be widely nublicized tdo :leeks in advance. The nomination meeting will precede the elections by a period not to exceed twenty one (21) days. The exact day and place of the election will be determined by City staff. No fewer than thirty (30) qualified voters must be present at the nomination meeting. The registration supervisor may reserve the right to request additional verification of voter qualification. All persons nominated will be registered and qualified voters in the target area and will be present at the nomination meeting. Nominations can be made by the person himself/herself or by any other person qualified to vote. In the event, for some reasonable cause, a potential nominee cannot be present at the nomination meeting, he/she can be considered for nomination if he/she notifies the Director of Citizen Services, in writing, at least five (5) working days prior to the nominating meeting of the reason for his/her absence. Each nominee or his/her designee will be afforded an opportunity to make a statement not to exceed two minutes to launch his/her candidacy. The candidates will bear the responsibility for conduct of their campaigns. Staff will be restricted to publicizing pertinent election information. Tile nominations will be considered closed at the end of the meeting. No individual can be a nominee in more than one Community Development Target Area. SECTION VII ELECTION PROCEDURES Elections will be held within the period not to exceed twenty one (21) days following the nominating meeting. Voting will be by secret ballot and will be supervised by the Dade County Elections Department and the Community Action Agency (CAA). Voting by proxy or absentee ballot will not be permitted. Tile election ' will be widely publicized in the community and in various media. The election procedures and schedule will be posted in public and prominent places in the target areas, no less than two weeks prior to the scheduled date of the election. - 4 - 3allots and ectinn notices will be multiIinqual, and 3oaropri3te inter- preters will be present at all elections if there is a substantial nu,^ber of non-English speaking residents. A uniform ballot will be prepared prior to the election listing .all candidates in alphabetical order. !qualified voters will be iliven ballots on which they can cast (in to fifteen (15) votes for up to fifteen (15) different candidates. The voter will then place his/her ballot in a sealed ballot box. At the close of the polls, the seals on the ballot boxes will be opened and the ballots tabulated to determine winners of the elections by Elections Department Officials. Then, the ballot boxes will be resealed and taken directly to the appropriate City of '?iami or designated office for security. The candidates, their representatives, and the public may witness the unsealing of the ballot boxes and the tally of the ballots at the election site. Subsequently, the winners will be officially announced and press releases will be prepared and distributed announcing the election results. No individual shall be eligible to vote in more than one Community Development Target Area election. Within ten (10) working days after the election, the Board will meet to establish a regular meeting time and place. SECTION VIII VACANCIES A vacancy on the Board will be determined to exist under the following conditions: A. Absence from two (2) meetings per year for reasons other than illness. B. Recall or removal for conflict of interest (Section IX and X). C. In the case of resignation, a written letter of resignation will be addressed to the Secretary of the Board with a copy to the Chairperson and the Director of the Citizen Services Department. D. Non-compliance with eligibility criteria under Section V-F, at time of nomination or during term of office. When, for any reason, a non -officer vacancy occurs on the Board, the City of Miami Commission will appoint a new Board member to serve the remainder of the term. When, for any reason, a Board officer vacancy occurs, the Board itself shall elect a replacement from the Board membership. - 5 - If any member is absent for two consec;:tive r,eetings, the Secretary will notify the individual in writing that h,�/she has ten (10) days in which to provide justification acceptable (certifi,_ation of illness) to the Board for the absence. The lack of a response or unacceptablf� justification will automatically terminate the member's term. SECTION IX RULES GOVERNI'JG CONFLICT OF INTEREST AND NEPOTISM CONFLICT OF INTEREST A Board member who has a financial interest or who will benefit finan- cially either directly or indirectly as a result of action before the Board will make known that interest and shall refrain from voting upon or otherwise participating in such action. NEPOTIS'' A Board member who has a member of his/her immediate family who will benefit financially either directly or indirectly as a result of action before the Board rill make known that relationship and will refrain from voting or otherwise participating in such action. For the purpose of this section, a member of an immediate family will include any of the following: Wife, Husband Father, Father -in -Law Mother, '.!other -in -Late Brother-, Brother -in -Law Sister, Sister-in-La:r Son, Son-in-L1,:J Daughter, Daughter -in -Late Step Son/Daughter Willful violation of these guidelines will constitute malfeasance and may be hounds for recall. SECTION X PETITION FOR RECALL A petitioner for recall must file with City 'Manager's Office or his Designee an intent to initiate a recall petition alleging any members of the Board with malfeasance or conduct not in the best interest of the Board or conduct that prevents or impedes the program progress in the corimunity. The petitioner will have thirty (30) days from the filing date to submit to the City Manager's Office or Designee the signature of at least fifteen percent (15%) of the residents from the petitioner's target area that meet the voting qualifications defined within Section V-F. All petitions `or recall and all conflict of interest allegations will be submitted in writing to the City i'anager's Office or Pesignee with a copy to the Board members. The City of Miimi Managor's Office or- Designee will review the allegations and if warranted, schOdUlt' 3 f0r11i31 hearing no later than four weeks following the receipt of the pet.ition(s). The City Manager's Office, or Designee will convene a five -member ad hoc hearing committee to review the allegations. rA At the conclusion of the hearing, the N.�irinq Co-mitt;2e 'wi l l deter^+ine the validity of the allegations and report i_s rec-7-end3tinns to the City Manager's Office, or Designee, for inpropriate action. RESTRICTIONS ON BOARr) "•'E"BENS No Board member, as an individual, will have the authority to change actions as voted upon by the Board as a whole, all recommendations submitted will reflect the vote of the majority as well as all minority point(s) of view. SECTION XI BOARD "•'EETINGS The quorum required for any meeting of the Board shall be fifty (50) percent of the membership plus one. In the absence of a Quorum, the meeting may be rescheduled and held within ten (10) working days. If after two consecutive meetings a quorum has not been attained, the quorum regulation above shall be waived and those Board members present shall constitute a quorum and can act upon the matters before the Board and will report its action to the Board at the next regularly scheduled meeting. A. ':eetings of the Board will be convened at least quarterly. B. feetings will be held at a day, time and place to be decided by the Board members and the Staff. C. All meetings will be open to the public. Interested parties will be given ample opportunity to express their opinion(s) prior to the Board votinQ_. D. Mleeting notices will be sent to Board members at least ten (10) days in advance of the scheduled meeting. E. All Board meetings will be publicized throughout the Target Area. F. Information on issues reouiring action will be made available to the Board members at a reasonable time prior to the meeting for consideration. G. Summaries of proceedings of all Board meetings will be prepared by City staff and copies shall be distributed to all Board members and members of the City CorzTIission as soon after such meeting as practical. VOTING Any Board member may vote on any issue, unless there exists a conflict of interest as defined in Section IX. Each Board member will have one vote. Voting by proxy or absentee ballot will not be permitted. Providing a quorum is present, as defined in this Section, a simple majority of those voting will be sufficient to take action on any matter. 7. ORDER OF BUSINESS The order of business for Board meetings may constitute the following: 1. Acceptance of .Agenda 2. Minutes of Preceding "eeting 3. Reports of Comrnittees 4. Reports of Officers 5. Reports of Staff 6. Unfinished Business 7. New Business 8. Announcements 9. Adjournment and shall include the opportunity for the public to present their comments prior to the Board taking official action. PARLIX-'ENTAFY PROCEDURES The rules contained in Robert's Rules of Order, Revised will govern the Board in all cases in which they are applicable, and in which they are not inconsistent with the Guidelines/By-Laws or the special rules of order of the Board. Cite staff will ensure that these procedures/rules are adhered to. SECTI I XII SPECIAL MEETING A special meeting may be held under the following conditions: A. When requested at a regular meeting by a majority vote of the members present. B. When called by the City of Miami Citizen Services Department. SECTION XIII rnMMTTTFFC The Board can establish Committces whose members consist of qualified target area residents (as stated in Section `J-F), as it deems necessary and aporooriate. The °oard shall elect the Committee(s) Chairperson from the Board's membership. Upon the establishment of a Great Neighborhood Program within a Target Area, tine Board shall recognize the Great Neighborhood Program's Board of Directors as a functioning committee of the Community Development Advisory Board. The duties of these Committee(s) will be: A. To articulate issues, define problems and needs of the community which have: been identified at community meetinqs, or other sources. B. To study and propose alternative solutions for those needs and and problems. C. To develop pregra►nmatic objectives in relation to those problems or issues. D. To recommend priorities to the Board. E. To recommend action to the Board on proposed programs. F. To review Community Development activity reports as requested by the Board. - 8 - SECTION XIV THE RELATIONSHIP OF BOARD AND STAFF Board members are encouraged to become acquainted with staff members and their duties, to be knowledgeable of the existing programs and problems which may have an impact upon the community they represent. Board members participate in the activities and functions of the community on a volunteer basis. Upon written request, Board members will be provided with a statement of their volunteer time. The Board will function in an advisory capacity. The operation/ administration of program and projects, and staff will be the responsibility of the City administration. THE STAFF The administration will identify to the Board and to each Committee the staff member(s) who will carry primary responsibility for staff support, as well as the secondary staff member(s) who will be availabl.e when needed. Staff is responsible for the dissemination of accurate program information. I.-lith the exception of those employed by the City of Miami Citizen. Services Department, City of Miami employees may participate in the Board as qualified voting members and may hold office provided they meet the qualification set forth in Section V-F. Any persons whose income is wholly or partially supported by the City of Miami Community Development Block Grant monies will be considered ineligible and therefore be prohibited from participating. SECTION XV 8mrrinmrNTc r.il proposed amendments to these guidelines should be submitted to the CiL.y ManaDer's Office, or Designee for consideration. Within a reasonable time, the originator shall receive a written response to the proposed amendment from the City of Miami. SECTION XVI GLOSSARY BUSINESS 01.•-'NEP. AND OPERATOR: An individual in whose name a business is registered and who is the principal operator/manager of said business at the address indicated on the occupational license; or a partner in a business who is a principal operator/manager of the business at the address indicated on the occupational license and partnership reflected in the agreement; or an individual(s) who has financial interest in a corporation and is the principal operator/manager of said corporation as reflected in the articles of incorporation and at the address indicated on the occupational license. CITiZEN PPARTICIPATION: That process by which individuals and groups involve themselves to fulfill common needs and to accomplish particular goals through meaningful input into the governmental planning process. 1 CO"'°'UNITY :JIBE "FETING: A oel l publ icized comr^unity meeting intended to serve as focal Point for the discussion of cor-munit.y pr•eble7s and needs. PP,OGPA'i PLANNING: That process by which citizens are involved in identifying community needs, establishing priorities and developing Program and project pians. PUBLIC HEARING: A formal meeting conducted by the City at which community residents may voice concerns, issues pertaining to community activities. QUALIFIED VOTER: A person qualified to vote because he or she is 18 years of age, resides, owns and one►•ates a business,or owns residential or commercial p►•oper•ty in the Target Area. An operator of a private, non-profit agency, located within and serving a Target Area, but 'Nhose personnel or agency is not supported by Community Development Block Grant funds shall be eligible to vote, except on those items involving social service funding, which may be considered a conflict of interest. STAFF: Employee of 'letropolitan Dade County, City of Miami participating municipalities, and subcontractors there under. CC'1'IITTEE: A working committee whose purpose it is to advise in greater detail a community priority. CO'•?'IUNITY DEVELOPMENT ADVISORY BOARD (BOARD): A group recognized by the City Commission as representing a Community Development Target Area.