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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 21. - WYNWOOD BUSINESS IMPROVEMENT DISTRICT BOARD Sec. 2-1316. - Establishment and purpose. The Wynwood Business Improvement District Board of the city ("BID board") is herewith established for a period of ten years to improve and strengthen the area known as the Wynwood Arts District as more particularly described in Resolution No. 13-0228 adopted on June 13, 2013 through promotion, management, marketing, and other similar services, including but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects. The Wynwood Arts District shall be described herein as the "area." The BID board shall be the board charged with managing the Wynwood Business Improvement District ("BID"). (Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14) Sec. 2-1317. - Composition of board; terms, filling of vacancies. (a) The BID board shall have nine members, seven of which are voting members, two of which are non -voting. The seven voting BID board members must be commercial property owners in the district. Beyond the first year, all terms will be for two years. To ensure a voice for North Miami Avenue, at least one of the nine board seats shall be dedicated to a property owner from North Miami Avenue. The two non -voting members shall be either retail, cultural arts, office, or restaurant established business owners in the district. (1) The BID board, on the recommendation of the current chair, will form a slate selection committee which will formulate a slate from among property owners who have been self - nominated or nominated by other property owners. After approval by the BID board, the slate will be put to an up -or -down as a whole vote by the commercial property owners of the BID, with one vote allowed per assessed folio. Guidelines will be issued by the BID staff which will give deadlines and acceptable manner for casting votes. The board shall be sworn and seated on or about the first day of the month of October. (2) Selecting and seating of future board members beyond the first year of the BID. The BID board will finalize and establish the method for electing and seating of future BID board members in the by-laws developed by them for the BID in the first year of operations. (b) At the first meeting of the BID board, the members will determine lengths of terms for the initial BID board. Three of the seven members will serve initial terms of one year. Four members will serve initial terms of two years. In years "two" and beyond of the BID, all terms will be for two years. Among the members of the board who serve an initial one-year term, the maximum time they may serve, if re-elected, is a total of seven years —either consecutively or intermittently. Among the members of the board who serve an initial two-year term, the maximum time they may serve, if elected, is a total of six years —either consecutively or intermittently. (c) Members shall continue to serve until their successors have been elected and seated. Appointments to fill board vacancies shall be made by the chair and confirmed by a majority of the board for the unexpired term only. (d) Quorum shall consist of a majority four of voting members. (e) The BID board shall have the power to establish committees and appoint the members to the various committees, consistent with any standards for standing committees provided for explicitly in sections herein. (f) Protection from personal liability. The BID board shall maintain officers and director's liability insurance coverage at all times, in an amount and in a form satisfactory to the city's director of risk management. Nothing in this section shall be construed in any way to limit or waive sovereign immunity. (Ord. No. 13404, § 2, 9-12-13; Ord. No. 13453, § 2, 5-8-14; Ord. No. 13554, § 2, 9-24-15; Ord. No. 13835, § 2, 4-25-19) Sec. 2-1318. - Qualifications of members. (a) All members of the BID board shall be "affected commercial property owners" in the area. (b) All members of the BID board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. (c) Convicted felons may not serve on the BID board. (d) Before assuming the duties of the office, each member shall take and subscribe to the oath of office required of officials of the city. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1319. - Meetings; parliamentary authority, rules and regulations; compensation of members. The parliamentary authority of the BID board shall be Robert's Rules of Order for Small Boards and Associations. The BID board shall hold regular meetings no less often than once each quarter. Special meetings may be held when called in the manner provided in the by-laws of the BID. All meetings of the BID board shall be open to the public. Each member of the BID board shall serve without remuneration. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1320. - Removal of members. Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a BID board member as to the basis for his or her removal and after reasonable notice to the BID board member and an opportunity for the member to be heard, the BID board, by a 51 percent vote of the board, may remove a board member, so long as the reason for removal is one or more of the following: (1) If the member ceases to meet the qualifications and integrity criteria set forth herein or any additional qualifications set forth in the BID board by-laws; (2) If the member is not current with timely payment of BID assessment(s) due; (3) For purposes of this section, being absent from three regular BID board meetings or committee meetings —or a combination thereof —during a calendar year shall constitute good cause for removal; or (4) For one or more violations of the Sunshine Law, as reviewed by the Board and the Miami - Dade County Commission on Ethics. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1321. - Powers and duties. (a) The BID board shall have the power to: (1) Subject to city commission approval, which approval shall not be unreasonably withheld, appoint an executive director and fix the terms of engagement and compensation of the executive director. (2) Prepare an annual budget to be presented to the city commission for approval. (3) Plan, propose, and implement programs and services for the purpose of stabilizing and improving the BID through promotion, management, marketing, and other similar services, such as streetscape improvements. (4) Plan and propose to the city and the city commission, within the area, land use and zoning policies, public improvements, including but not limited to renovation, repair, remodeling, reconstruction or other changes in existing buildings and streetscape which in the opinion of the BID board will aid in the economic growth of the area. (5) Recommend to the city commission the acquisition by purchase or otherwise, of any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project or purpose of this article. (6) Cooperate with any governmental agency or public body for the purposes authorized herein. (7) Solicit and accept grants in cooperation with the city office of grants administration. The BID staff shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor agency guidelines. All grant applications shall be submitted to the office of grants administration for review and coordination prior to submission. The BID board shall be responsible for implementing and managing all of its grants. Any and all other contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall follow the approvals established by the city. (8) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict or inconsistent herewith. (9) The city manager may delegate to the executive director the authority to execute contracts consistent with the provisions of chapter 18, article III, subject to BID board approval. (Ord. No. 13404, § 2, 9-12-13; Ord. No. 13554, § 2, 9-24-15) Sec. 2-1322. - Employees generally. (a) Executive director. The executive director shall serve at the pleasure of the BID board and shall be a person of good moral character and have a reputation for integrity, responsibility and business ability. No member of the BID board shall be eligible to hold the position of executive director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath as required of members of the BID board. Subject to the approval of the BID board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the BID in the manner authorized in this article. He/she shall attend all meetings of the BID board and shall render periodic reports covering the activities and financial condition of the BID. The executive director shall have no civil service rights or privileges. (b) Staff. Subject to the specific policy directives and goals of the BID board, budget limitations, and the approval of the board, the executive director may engage such staff members as are necessary for the efficient operation of the BID. Staff members shall have no civil service rights or privileges. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1323. - Annual budget; source of funds. (a) The BID board shall establish a fiscal year which coincides with that of the city. Within 60 days following the effective date of the enactment of the ordinance from which this division derives, the BID board shall submit to the city commission, in a form acceptable to the city manager, a BID board budget for adoption and ratification by the city commission. Commencing with fiscal year 2014-2015, consistent with the city's budget process, the BID board shall submit to the city manager, a BID board budget pertaining to management, operation and maintenance expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities and maintenance to be approved by the city commission. Nothing contained herein shall be construed to prohibit the BID board from submitting a supplemental budget to the city commission for approval. (b) As needed, the BID will revise budgets and submit these revisions to the city commission for approval. BID expenditures shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the BID board shall submit a plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. (d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500-18-503. (e) The operations of the BID board shall be principally financed from the following sources and such other sources as may be secured: (1) Proceeds of a special assessment as authorized by resolution. (2) Contributions, gifts, and/or donations to the BID board for the performance of its functions. (3) Such parking waiver fees as are authorized. (4) Such parking surcharge fees as are authorized. (5) Such sidewalk cafe fees as are authorized. (7) Such other fees as are authorized. (8) Grant funds. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1324. - Annual report and audit. The BID board shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1325. - Notices and filing of records. The BID shall publicly notice meetings of board and committees at the city. The BID shall keep a record of all motions passed at board and committee meetings. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1326. - Sunshine. The BID will be governed by the Sunshine Law and will schedule appropriate training for each member of the board and staff in this regard. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1327. - Counsel. The office of the city attorney shall provide legal services to the BID board as may be necessary and requested by the BID board. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1328. - Inapplicability of sunset provision. The BID board shall not be subject to the provisions of section 2-892 of the Code. (Ord. No. 13404, § 2, 9-12-13) Sec. 2-1328.1. - Wynwood design review committee. (a) Establishment. There is hereby established a standing committee of the BID, to be known as the Wynwood Design Review Committee ("WDRC"), for the purpose of recommending to the director of planning, the zoning administrator, and the Urban Development Review Board ("UDRB"), pursuant to the Wynwood NRD-1 and Miami 21, the zoning ordinance of the city, as amended or superseded. whether the design of developments and/or improvements to properties within the boundaries of the Wynwood NRD-1 are compatible with the cultural and architectural character of the Wynwood Arts District and guidelines that may be adopted from time to time. (b) Membership. (1) Composition; appointment. The WDRC shall consist of seven members and one alternate, to be appointed by the BID board, or any successor body designated by the city commission. (2) Qualifications. It is intended that members of the WDRC shall be persons of experience, mature judgment and background; having knowledge of the Wynwood Arts District; and having the ability, special professional training and interest to act in the public interest in order to make informed and equitable decisions concerning art, architecture, urban, physical and site design for developments within the Wynwood NRD-1 boundaries. To that end, members shall meet at least one of the following qualifications and each of the following qualifications shall be represented on the committee by at least one member: a. BID members. At least one member shall be an individual who is a member of the BID. Each member shall have been living or working within the Wynwood NRD-1 boundaries for at least two years. b. Professional members. At least two members shall be professionals, licensed by the State of Florida (or professional equivalent) as an architect, landscape architect, urban designer, planner, engineer, general contractor or attorney. Each member shall have been living or working in the city for at least two years. c. Tenant/cultural member. At least one member shall be a tenant with an active lease within the Wynwood NRD-1 boundaries, artist, or cultural institution representative. d. Alternate. The alternate member shall satisfy the qualifications set forth either in subsection (2)a. or b. above. e. During the qualification process, members of the BID shall be encouraged to submit names of persons and their qualifications to the BID board through the BID's executive director. (3) Terms of office. Members of the WDRC shall be appointed for a term of one year. Notwithstanding the above, individual WDRC members may serve until his/her successor is appointed. No member shall serve for more than four consecutive one-year terms. (4) Vacancies. Vacancies in the membership of the WDRC shall be filled by the BID board, and shall be only for the unexpired term of the member affected. (5) Removal. Members of the WDRC may be removed with or without cause by vote of not less than three members of the BID board; however, any member or alternate member of the WDRC who fails to comply with the attendance requirements contained in section 2-886 of this Code shall be automatically removed in the manner prescribed under section 2-889 of this Code. Following said removal, the BID board shall fill the vacancy pursuant to subsection (4) above. (c) Functions, powers and duties generally. In addition to such other powers, duties and authority as may be set forth elsewhere in this City Code and in the zoning ordinance, the WDRC is hereby authorized to: (1) Review and recommend to the director of planning and the zoning administrator for approval, approval with conditions, or disapproval of all applications within the Wynwood NRD-1 boundaries for which the WDRC is specifically designated for such role. Said review shall consider whether the design of developments and improvements to properties within the boundaries of the Wynwood NRD-1 are compatible with the cultural and architectural character of the Wynwood neighborhood and guidelines that may be adopted from time to time. In addition to Article 4; Table 12 "Design Review Criteria" of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, as amended ("Miami 21 Code"), the WDRC shall emphasize the following design elements in their review purview: a. Architectural styles and details including materials, colors and art that is reflective of the culture and character of the Wynwood neighborhood; b. Articulated building facades including a pattern of doors, windows, architectural design treatments, and art that activates the street level, recognizes pedestrian continuity, and, at the upper levels, acknowledges long views of buildings; c. Open space and cross -block connectivity that is usable, inviting, safe, and has convenient pedestrian access from the public realm; d. Landscaping and hardscape that is in accordance with the Wynwood Streetscape Master Plan and enhances the building design, creates inviting open spaces, and contributes to a high -quality, pedestrian -friendly streetscape; e. Signage design that integrates with and complements the building architecture and Wynwood neighborhood character. (2) Require submission to the WDRC of all information as may be reasonably necessary for the WDRC to evaluate completely the proposed structure of improvement. (3) To recommend, from time to time, to the director of planning and zoning amendments to the city guides and standards applicable to the Wynwood Arts District. (4) Adopt and amend rules of procedure. (5) Where the UDRB has jurisdiction to review projects, review and recommend to the Urban Design Review Board ("UDRB") such projects for approval, approval with conditions, or disapproval, with reasons for such recommendation stated in writing. (6) In conformity with chapter 10 of the City Code, and other applicable regulations, recommend legislation for security screens and shutters in the Wynwood Arts District. (d) Proceedings. The WDRC shall meet at least once each month, except for August, and all meetings shall be open to the public. The WDRC shall establish rules of procedure necessary to its governing and the conduct of its affairs, in keeping with the applicable provisions of the City Charter and City Code. Such rules of procedure shall be available in written form to persons appearing before the WDRC and to the public upon request. The WDRC shall not defer or continue an item before taking affirmative action to recommend approval, approval with conditions or disapproval, unless requested by an applicant or the director of planning and zoning. (e) Voting; quorum. All decisions and recommendations of the WDRC shall require a concurring vote of a majority of the members present, except if the WDRC's action results in a tie vote, and there are no further motions put forth, the recommendation to the director of planning and zoning or UDRB, as applicable, shall reflect a tie vote. Three members shall constitute a quorum. (Ord. No. 13554, § 2, 9-24-15; Ord. No. 14089, § 2, 9-13-22) Editor's note— Ord. No. 13554, § 2, adopted September 24, 2015, enacted provisions intended for use as section 2-1329. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as section 2-1328.1. Sec. 62-644. - NRD-1 Public benefits trust fund; intent. It is intended that the "NRD-1 Public Benefits Trust Fund" be established in order to collect cash contributions made according to the NRD-1 as established in the Miami 21 Code, as amended, the zoning ordinance of the city, to support reinvestment and supplement affordable/workforce housing, public parks and open space, and civic space or civil support space within the NRD-1 boundaries. (Ord. No. 13582, § 2, 12-10-15) Sec. 62-645. - Established. (a) There is hereby established a trust fund to be entitled the "NRD-1 Public Benefits Trust Fund," into which funds shall be deposited pursuant to this article. (b) Upon receipt of funds for any project within the NRD-1 boundaries, the city department of finance shall deposit such funds into the NRD-1 Public benefits trust fund. (c) The Wynwood Business Improvement District ("BID") shall, through a five -member committee of the BID to be formed on an annual basis each fiscal year, of which one member shall be directly appointed by the city commissioner from District 5, one member shall be directly appointed by the city commissioner from District 2, one member shall be appointed by the city commission, and two members shall be appointed by the BID Board and submitted to the city commission for confirmation, allocate within the NRD-1 boundaries funds collected for purposes consistent with section 62-644. Expenditure of funds and any actions in furtherance of the expenditure shall be consistent with the powers and duties of the BID, comply with city procedures for the acquisition of goods and services, and approved within the annual budget of the BID by the city commission. (d) A minimum of 35 percent of funds in the NRD-1 Public benefits trust fund shall be allocated towards affordable/workforce housing on an annual basis, and shall be expended pursuant to guidelines and procedures established by the city commission. (e) The NRD-1 Public benefits trust fund shall be established for a period of time commensurate with the Wynwood Business Improvement District as set forth in section 2-1316, and thereafter shall be reviewed by the city commission every three years to determine whether the purposes of the NRD-1 Public benefits trust fund have been satisfied, and upon such finding, the NRD-1 Public benefits trust fund shall sunset and any funds to be collected and allocated, pursuant to this article and according to the Miami 21 Code, shall revert to the Public benefits trust fund, as established in section 62-641 of the City Code. (Ord. No. 13582, § 2, 12-10-15) Sec. 62-646. - Financial report. Administration of and a financial report on trust fund receipts and expenditures shall be prepared annually at the close of the fiscal year by the BID for review and approval by the city commission prior to filing with the city clerk. (Ord. No. 13582, § 2, 12-10-15)