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HomeMy WebLinkAboutO-13134Vop City of Miami F .. , 'Ir* Legislation i 0 R �O Ordinance: 13134 File Number: 09-00873A City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/28/2010 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. (c) Meetings. The board shall meet at least once per month, except August, with all meetings open City of Miand Page I of 3 File Id. 09-008737t (Version: 1) Printed On: 10/29/2018 File Number: 09-00873zt Enactment Number: 13134 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 aGtiens on GeFtifiGates of appropriateness pursuant to aFtiGle r of the zening ordinanGe 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. *If 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} Footnotes: City of Miami Page 2 of 3 File Id. 09-008737t (Version: 1) Printed On: 10/29/2018 File Number: 09-00873zt Enactment Number: 13134 {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 Miand Page 3 of 3 File Id. 09-008737t (Version: 1) Printed On: 10/29/2018