HomeMy WebLinkAboutCC Legislation (Version 1)AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", BY AMENDING ARTICLE VII, ENTITLED "HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD", AND SPECIFICALLY
SECTION 62-189, ENTITLED "PROCEEDINGS", BY CHANGING THE NUMBER
OF VOTES REQUIRED FOR ALL DECISIONS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (WITH THE EXCEPTION OF
DESIGNATION ACTIONS) SO THAT PASSAGE OF A MOTION REQUIRES A
SIMPLE MAJORITY RATHER THAN A CONCURRING VOTE OF FIVE MEMBERS
OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Historic and Environmental Preservation Board ("HEPB") considered this
item at its August 4, 2009 meeting, Item No. 5, and adopted Resolution No. HEPB 2009-56, and by a
vote of six to zero (6-0), has recommended the adoption of this item to the City Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 62, Article VII, Section 62-189 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:(1}
"Chapter 62
ZONING AND PLANNING
ARTICLE VII. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62-189. Proceedings.
(a) Officers. The board shall select a chairman and vice-chairman from among its members to serve
for a one-year term and may create and fill such other offices as it may deem necessary or desirable.
(b) Rules of procedure. The board shall establish rules of procedure necessary to its governing and
the conduct of its affairs, in keeping with the applicable provisions of the city Charter, ordinances, and
resolutions, Such rules of procedure shall be available in written form to persons appearing before the
board and to the public upon request.
00) of Kiami Page 1 of 3 Printed On: 121212009
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Legislation
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Ordinance
File Number: 09-00873zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ZONING AND PLANNING", BY AMENDING ARTICLE VII, ENTITLED "HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD", AND SPECIFICALLY
SECTION 62-189, ENTITLED "PROCEEDINGS", BY CHANGING THE NUMBER
OF VOTES REQUIRED FOR ALL DECISIONS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD (WITH THE EXCEPTION OF
DESIGNATION ACTIONS) SO THAT PASSAGE OF A MOTION REQUIRES A
SIMPLE MAJORITY RATHER THAN A CONCURRING VOTE OF FIVE MEMBERS
OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Historic and Environmental Preservation Board ("HEPB") considered this
item at its August 4, 2009 meeting, Item No. 5, and adopted Resolution No. HEPB 2009-56, and by a
vote of six to zero (6-0), has recommended the adoption of this item to the City Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 62, Article VII, Section 62-189 of the Code of the City of Miami, Florida, as
amended, is amended in the following particulars:(1}
"Chapter 62
ZONING AND PLANNING
ARTICLE VII. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62-189. Proceedings.
(a) Officers. The board shall select a chairman and vice-chairman from among its members to serve
for a one-year term and may create and fill such other offices as it may deem necessary or desirable.
(b) Rules of procedure. The board shall establish rules of procedure necessary to its governing and
the conduct of its affairs, in keeping with the applicable provisions of the city Charter, ordinances, and
resolutions, Such rules of procedure shall be available in written form to persons appearing before the
board and to the public upon request.
00) of Kiami Page 1 of 3 Printed On: 121212009
File Number: 09-00873zt
(c) Meetings. The board shall meet at least once per month, except August, with all meetings open
to the public.
(d) Quorum; voting. Four members shall constitute a quorum. All decisions of the board shall require
a concurring vote of a majority of the members present; however, all actions on designations pursuant
to chapter 23 of the Miami City Code and all +i„RG en ner+ifiGates _f apprGpriateReso r.61FG61aRt t„
aFt!Gle 7 of the z„ning nrdinaRGe shall require a concurring vote of at least five members of the board,
and tie votes shall be construed as a denial.
(e) Status of alternate member. In the temporary absence or disability of a member, or in an instance
where a member is otherwise disqualified to sit on a particular matter, the chairman of the board, or
the vice-chairman in his absence, shall designate the alternate member to sit as a board member to
obtain a full membership of nine or, as nearly as possible, a full membership. When so acting, the
alternate member shall have full rights of participation and voting as members, and his vote shall be
deemed that of a member in reaching a decision on a matter. In instances where the alternate
member is not sitting as a member, he shall have the right to participate in board discussions and to
ask questions, but he shall have no right to vote or make motions. Where the alternate member has
been duly designated to sit as a member on a particular matter and consideration of that matter has
begun, the alternate shall continue to sit as a board member through disposition of the matter, and he
shall not be replaced should the member in whose stead he is sitting later be present.
(f) Disqualification of members or alternate member. If any member of the board or the alternate
member called on to sit in a particular matter shall find that his private or personal interests are
involved in the matter coming before the board, he shall, prior to the opening of the discussion on the
matter, disqualify himself from all participation of whatsoever nature in the cause; or he may be
disqualified by the votes of not less than a majority of total membership of the board, not including the
member or alternate member about whom the question of disqualification has been raised.
(g) Assignment of personnel. The city manager shall assign adequate staff for the board to carry out
its responsibilities and duties, including but limited to, representatives from the. departments of
planning, building and zoning and law.
(h) Public record. Minutes of each board meeting shall be prepared by staff representatives assigned
by the city manager, under the supervision and direction of the board. Copies of the minutes and all
certificates issued by the board shall be filed with the planning, building and zoning department.
*11
Section 2. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 3. This Ordinance shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE BRCT`..
CITY ATTORNEY
Footnotes:
City of Miami Page 2 of 3 Printed On. -12/2/2009
File Number: 09-00873zt
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 3 of 3 Printed On: 12/2/2009