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HomeMy WebLinkAboutO-12858City of Miami Legislation Ordinance: 12858 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-01289 Final Action Date: 10/12/2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE XI OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY AMENDING CERTAIN SECTIONS RELATING TO THE OVERTOWN ADVISORY BOARD, ESTABLISHING THAT THE OVERTOWN ADVISORY BOARD SHALL HEREAFTER BE KNOWN AS THE OVERTOWN COMMUNITY OVERSIGHT BOARD; EXPANDING THE PURPOSE OF THE OVERTOWN COMMUNITY OVERSIGHT BOARD; AMENDING PROVISIONS RELATING TO MEMBERSHIP AND QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH PROCEDURES FOR ELECTION AND APPOINTMENT OF MEMBERS AND PROVIDING FOR THE APPOINTMENT OF YOUTH BOARD MEMBERS; AMENDING PROVISIONS RELATING TO THE TERMS OF OFFICE; PROVIDING FOR NECESSARY STAFFING; PROVIDING FOR "SUNSET" REVIEW BY AMENDING SECTION 2-892 OF THE CITY CODE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intention of the City Commission that the Overtown Advisory Board provide community oversight, encourage and support housing, job creation, economic and business development, educational opportunities and historic and cultural preservation, and facilitate the City of Miami's ("City") efforts and activities in the Overtown Area; and WHEREAS, the City Commission wishes the Overtown Advisory Board be known hereafter as the Overtown Community Oversight Board, and wishes to make certain other modifications to the provisions of the Code of the City of Miami, Florida, as amended ("City Code"), relating to such board; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article XI of Chapter 2 of the City Code, is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION ARTICLE XI. Boards, Committees, Commissions City of Miami Page 1 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 DIVISION 7. OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD* Sec. 2-1051. Establishment and purpose. There is hereby created and established a board, to be known as the Overtown Advisory Board/Overtown Community Oversight Board, to be known as the Overtown Community Oversight Board, for the purpose of encouraging and supporting to encourage and support housing, job creation, economic and business development, educational opportunities and historic and cultural preservation, and providing The Board shall provide written recommendations to the city commission regarding al-4 city funded or assisted activities, developments or and improvements within, or substantially impacting the residents of, the Overtown area Area. As used herein, the "Overtown area area" is that area approximately bounded on the north by Northwest 20th Street from Florida East Coast Railroad to Northwest 3rd Avenue to Northwest 5th Avenue; on the west by 1-95 Expressway from Northwest 21 st Terrace to 836 Expressway and State Road 836 (East-West) Expressway from 1-95 to the Miami River; on the south by Northwest 3rd Street from Florida East Coast Railroad to Northwest 7th Avenue and the Miami River from Northwest 7th Avenue to 836 Expressway; and on the east by Florida East Coast Railroad right-of-way. (Note: all boundaries are to the centerline of the strcct, ccntcrlinc of city block, cdgc of cxprcssway or ccnterline of railroad tracks unless otherwise noted be construed expansively, incorporating the breadth of described streets, avenues, expressways, and railroad property.) Sec. 2-1052. Membership. (a) Generally. The Overtown Advisory Community Oversight Board shall consist of 11 members (other than youth board members), 14 5 of whom shall be elected and two 6 of whom shall be appointed, as hereinafter set forth. In addition, there shall be two youth members of the Overtown Community Oversight Board, one to be appointed by the commissioner representing District 5 and one to be appointed by the Overtown Community Oversight Board. (b) Qualifications. It is intended that Members of the Overtown Advisory Community Oversight Board, established and created by this division, shall be persons of knowledge, experience, mature judgment and background, having ability and desire to act in the public interest in order to make informed and equitable decisions concerning the Overtown area Area. (1) Towards that end Each persons seeking membership on the Overtown Advisory Community Oversight Board who is not seeking appointment as a youth board member shall be deemed qualified if he/she is 18 years of age or older, and: a. {1) Is a resident of Resides in the Overtown area Area; b. {2) Owns property or has a business in the Overtown area Area; c. {3) Is an employee or board member of a community based organization or community development corporation located in and or providing services to the Overtown area Area; or City of Miami Page 2 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 "Cross references:Historic preservation, ch.23 d. {4} Operates or is Owns or be is an employee of a business in the Overtown area Area. (2) Each person seeking membership on the Overtown Community Oversight Board who is seeking appointment as a youth board member shall be deemed qualified if he/she is more than 14 and less than 19 years of age; and a. Resides in the Overtown Area; and b. Attends an accredited educational institution in the Overtown Area. (c) Procedure for election. (1) Nomination procedure; voter eligibility. a. All persons nominated must be qualified voters in the Overtown area Area and shall be required to provide proof of such qualifications at a meeting scheduled by the city manager or his designee. Nominations can be made by the person or by any other person qualified to vote. b. In the event, for some reasonable cause, a potential nominee cannot be present at the meeting, he/she can be considered for nomination if he/she notifies the city manager or his designee in writing, at least five working days prior to the election of the reason for his/her absence. c. To be eligible to vote for members of the Overtown Advisory Community Oversight Board, the elector must be 18 years of age or older;, and: 1. Is a resident of Reside in the Overtown area Area; 2. Own property or has operate a business in the Overtown area Area; 3. Is Be an employee or board member of a community development corporation or community based organization located in and providing services to the Overtown area Area; or 4. Operates or is Operate or be an employee of a business in the Overtown area Area. (2) Election procedure a. The time and place of the election shall be set by the city manager or his designee. The election shall be widely publicized at least two weeks in advance in the Overtown area Area and in the media. Voting shall be by secret ballot and the election shall be supervised by city staff. City of Miami Page 3 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 b. Voting by proxy or absentee ballot shall not be permitted. c. Certified ballots shall be used and appropriate interpreters shall be present at all elections, if there is a substantial number of non-English speaking residents. The voter shall place his/her ballot in a sealed ballot box. d. At the close of voting, the ballot box shall be opened and the ballots tabulated by city staff to determine winners of the election. e. The candidates, their representatives, and the public may witness the tally of the ballots at the election site. The candidates receiving the most votes shall be elected to the Overtown Advisory Community Oversight Board. f. Subsequently, The winners shall be certified by the city clerk and officially ratified at the first scheduled city commission meeting immediately following the election. g. Proof of qualifications as an eligible voter or candidate as to his/her identity, place of residence, and/or employment may be a voter's registration card, driver's license, pay stub, birth certificate, or any reasonable written proof, including a notarized affidavit. Deeds, mortgages, or homestead exemption receipts shall serve as proof of ownership or of property within the community. Proof of business ownership and operation shall be City of Miami occupational licenses with corresponding corporate documents, including partnership agreements, or articles of incorporation etc. (d) Procedure for appointment of members. (1) The District 5 city commissioner representing the Overtown area shall appoint a- rnember 5 members to the Overtown Advisory Community Oversight Board, and the mayor of the city shall also appoint one member. In addition, the District 5 city commissioner shall appoint one youth board member and the Overtown Community Oversight Board shall appoint one youth board member. (2) No appointment shall be made by the District 5 city commissioner, or -the mayor of the city or the Overtown Community Oversight Board until notice has been given in a newspaper of general circulation in the city of the appointments to be made to the Overtown Advisory Community Oversight Board at least 30 days prior to the making of an appointment, and which shall have solicited and encouraged the public and professional or citizen organizations within the Overtown area Area having interest in and knowledge of the Overtown area Area to submit names of persons and their qualifications for consideration as prospective appointees of the Overtown Advisory Community Oversight Board. At least ten days prior to the making of any appointment, the District 5 city commissioner, and the mayor and the Overtown Community Oversight Board shall cause to have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the District 5 city City of Miami Page 4 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 commissioner, and the mayor and the Overtown Community Oversight Board shall give due consideration to the names thus submitted. (3) In addition, the District 5 city commissioner, and the mayor and the Overtown Community Oversight Board shall, at least ten days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement of the fact, that the names of prospective appointees submitted by the District 5 city commissioner, and the mayor and the Overtown Community Oversight Board and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership on the Overtown Advisory Community Oversight Board whose name and qualifications have not been made publicly available in the manner set out herein. (e) Terms of office. The appointed members of the Overtown Advisory Board shall be appointcd for a one year term. The elected members of the Overtown Advisory Community Oversight Board shall serve for two-year terms, expiring during the month of September., except that the ccrvc for a tcrm of two y rs and four mcmbcrs shall scrve for a term of one year. The 11 elected board members will determine by lottery their respective terms. Notwithstanding the above, each member may serve until his/her successor is elected or appointed. Notwithstanding the above, members of the board may serve until the city commission's ratification of the results of the election of new board members held following the expiration of a term. (f) Vacancies. Vacancies in the membership of the Overtown Advisory Community Oversight Board shall be filled by the District 5 city commissioner representing the Overtown ar in the manner set forth in subsecti� onT(c) above for elected members and subsection (d), above, for appointed members. (g) Removal. Elected members and members Members of the Overtown Advisory Community Oversight Board appointed by the city commissioner and the mayor may be removed for cause by vote of not less than three members of the city commission upon written charges after a public hearing, if the member affected requests such public hearing unless the member charged waives such public hearing in writing. However, whenever any member has had within a calendar year, three consecutive absences or four absences within a calendar year from the regularly scheduled meetings, the highest ranking officer chairman of the board shall certify same to the city clerk. The city clerk shall then inform the District 5 city commissioner or -and the mayor in writing that the position has been declared vacant and a successor member must be elected -or appointed, as-t#e- case may be, to fill the vacancy by the District 5 city commissioner. Three instances of arriving ten min-utes after the scheduled beginning time or leaving before the termination of the last agenda item at a regularly schcdulcd mccting of the board counts as one absence. Upon such certification, the member shall be deemed to have been removed and the vacancy shall be filled pursuant to subsection (c) or subsection (d) as applicable (h) Disqualification of members. If any member finds that his/her private or personal interests are involved in has a conflict of interest on a particular matter coming before the Overtown Advisory Community Oversight Board, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation whatsoever in the cause; or he/she may be disqualified by a vote of not less than a majority of the total membership present of the Overtown Advisory Community Oversight Board present, not including the member about whom the question for City of Miami Page 5 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 disqualification has been raised. (i) Assignment of personnel tasks: The city manager shall assign a staff person provide for necessary staffing to assist the Overtown Advisory Community Oversight Board. The Such staff person, to be known as the Overtown community coordinator, shall: (1) Coordinate the management functions of the Overtown Advisory Board Provide and perform necessary administrative duties to include including providing assistance to the Overtown Advisory Community Oversight Board regarding the scheduling of meetings of the Overtown Advisory Community Oversight Board, preparing agendas, and ensuring that proper notice is provided for such meetings. (2) Work with other city departments, public agencies, and private groups, as required, to provide information to the Overtown Advisory Community Oversight Board on city funded or city assisted activities, developments, or improvements in, or substantially impacting the residents of, the Overtown area Area. (3) Submit the adopted minutes of each Overtown Advisory Community Oversight Board meeting to the city clerk and the District 5 city commissioner. (4) Review Prepare summary reports of board actions for review by the board prior to delivery of the and transmit same to the city manager or his designee to be transmitted for delivery to the city commission. (5) Review the board's budgets. (6) Coordinate the research, development and preparation of reports and policies for projects initiated by the Overtown Advisory Community Oversight Board. (7) Serve as the community liaison between the city, the Overtown Community Oversight Board and the residents of the Overtown area Area. (8) Channel the problems issues and concerns of the Overtown Area residents, businesses and community groups to the attention of the Overtown Advisory Community Oversight Board or the appropriate city department for resolution, or to the appropriate public or private agency for action. (9) Reestablish and Mmaintain update the Overtown Resource Directory. (10) Follow through with the implementation of all decisions and actions approved by the Overtown Advisory Community Oversight Board. (11) Share information with community organizations and receive input regarding ongoing or proposed projects and activities in the Overtown Area. (12) Schedule the use of the Overtown Advisory Community Oversight Board office facilities by community organizations. City of Miami Page 6 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 (13) Reestablish and Gcoordinate publication and distribution of the Overtown Newsletter. (14) Coordinate projects of the Overtown Advisory Community Oversight Board with other community organizations and governmental agencies. (15) Coordinate with the redevelopment authority Southeast Overtown/Park West Community Redevelopment Agency to relate its activities to the community and community organizations, public agencies and the private business sector. (16) Coordinate his/her activities and the activities of the Overtown Community Oversight Board with the activities of the Southeast Overtown/Park West Community Redevelopment Agency and the Overtown NET administrator/ NET office. Sec. 2-1053. Proceedings. (a) Officers. The Overtown Advisory Community Oversight Board shall select a chairperson and vice -chairperson 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 Overtown Advisory Community Oversight 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. A regular meeting of the Overtown Advisory Community Oversight Board shall convene at least once per month, except during the month of August. All meetings shall be open to the public. (d) Voting; quorum. At all meetings of the Overtown Community Oversight Board A a majority of the membership (excluding vacancies) present at an Overtown Advisory Board meeting shall constitute a quorum. All recommendations of the Overtown Advisory Community Oversight Board shall require a concurring vote of a majority of the members present. In case of a tie vote such vote shall be construed as a denial. Sec. 2-1054. Compensation. Members of the Overtown Advisory Community Oversight Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to the prior approval of the city manager. Sec. 2-1055. Financial disclosure. All members of the Overtown Advisory Community Oversight Board shall file annual financial disclosure reports pursuant to law. City of Miami Page 7 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 Sec. 2-1056. Functions, powers and duties generally. The Overtown Advisory Community Oversight Board is hereby authorized to: (1) Review and recommend to the city commission approval, approval with conditions, or disapproval of a41 city funded or city assisted activities, developments, or improvements in, or substantially impacting the residents of, the Overtown area Area. (2) Require submission to the Overtown Advisory Community Oversight Board of alb information as may be reasonably necessary of any information requested for the Overtown Advisory Community Oversight Board to evaluate completely city funded or city assisted activities, developments, or improvements, including eminent domain, in, or substantially impacting the residents of, the Overtown area Area., at least one month prior to the city commission taking action on such activities, developments, or improvements. (3) Recommend from time to time to the city commission and the Southeast Overtown/Park West Community Redevelopment Agency, modifications and/or amendments to the Southeast a Overtown/Pre:t Park West Community Redevelopment Plan. (4) Recommend to the Community Development Citywide Advisory Board activities, developments, or improvements for the Overtown area Area. (5) Adopt and amend its rules and procedures. *II Section 3. Chapter 2, Article XI, of the City Code, is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION * Article XI. Boards, Committees, Commissions * * DIVISION 2. Standards for Creation and review of boards generally * * * Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: City of Miami Page 8 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: a. 1995: Overtown Advisory Board 2010: 1 Overtown Advisory Board/Overtown Community Oversight Board Section 4. The terms of office of the current members of the board shall expire upon the adoption of this Ordinance. Notwithstanding the above, current members of the board may serve until the city commission's ratification of the election results of the first election of board members held following the effective date of this Ordinance. Section 5. The "sunset" review of the board shall be conducted in accordance with the requirements of City Code 2-892 and taking into consideration any requirements imposed by the Southeast Overtown/ Park West Community Redevelopment Plan, as the same may be amended from time to time. Section 6. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 7. 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 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 9 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017 File Number: 06-01289 Enactment Number: 12858 {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 indicate 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 10 of 10 File Id: 06-01289 (Version: 3) Printed On: 2/22/2017