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HomeMy WebLinkAboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00153 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE XI, CHAPTER 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION AND SECTIONS ESTABLISHING THE LITTLE HAITI ADVISORY BOARD BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE LITTLE HAITI ADVISORY BOARD'S AUTHORITY; SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES FOR ELECTION AND APPOINTMENT OF MEMBERS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL AND ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION; PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892, of THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intention of the Miami City Commission that the Little Haiti 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 Little Haiti Area; 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/ Chapter 2 of the Code of the City of Miami, Florida, as amended ("City Code"), is amended in the following particulars:{1} "Chapter 2 ADMINISTRATION City of Miami Page 1 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 ARTICLE XI. Boards, Committees, Commissions DIVISION 19. LITTLE HAITI ADVISORY BOARD Sec. (To be determined). Little Haiti Advisory Board - Establishment and Purpose. There is hereby created and established a board, to be known as the Little Haiti Advisory Board, for the purpose of encouraging and supporting housing, job creation, economic and business development, educational opportunities and historic and cultural preservation within the Little Haiti are. The Board shall provide written recommendations to the city commission regarding all city funded or assisted activities, developments or and improvements within, or substantially impacting the residents of the Little Haiti Area. As used herein, the Little Haiti area is that area approximately bounded by North of 112 Expressway (38 Street); East of 1-95, West of train tracks; North Miami Avenue (West) to 1-95; 79th Street North Miami Avenue (East) 84th Street. (Note: all boundaries are to be construed expansively, incorporating the breadth of described streets, avenues, expressways, and railroad property.) Sec. (To be determined). Powers and Duties. Powers and duties. Subject to City Commission approval and compliance with the terms and conditions of any existing contractual obligations, the Little Haiti Advisory Board shall advise the City Commission on revitalization activities and: 1. advocate the purposes of the Little Haiti Advisory Board; and 2. assist and advise the City Commission, the City Manager, other departments and other public officials and entities concerning the revitalization initiative in the Little Haiti Area; and 3. promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the Little Haiti Area. Sec. (To be determined). Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members and the Public Advocate; oath; officers; quorum and voting; meetings; and attendance requirements. (a) Governing body -composition and appointments. The Little Haiti Advisory Board shall consist of eight (8) members, one of whom shall be a non -voting Public Advocate who shall be appointed by the District 5 Commissioner and confirmed by the City Commission, as hereinafter set forth. City of Miami Page 2 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 (b) Terms of office and vacancies. (1) All voting members shall be appointed by the District 5 Commissioner for a term of four years. The District 5 Commissioner shall appoint an individual to fill a vacancy due to the death, resignation or removal of his or her appointees of the Little Haiti Advisory Board, which person shall serve only for the remainder of the unexpired term. (2) The Public Advocate, a non -voting member, shall be appointed for a term of four years. The District 5 Commissioner shall appoint an individual to fill a vacancy of the advocate's position due to the death, resignation or removal of the Public Advocate of the Little Haiti Advisory Board, which person shall serve only for the remainder of the unexpired term. (c) Membership qualifications. All Little Haiti Advisory Board members shall be 18 years of age or older. All members except the Public Advocate shall broadly reflect the diversity of the community. Each member shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community, have a demonstrated interest in the Little Haiti community and the vision of the Little Haiti Advisory Board, and is expected to participate actively in the functioning of the Little Haiti Advisory Board. The Little Haiti Advisory Board members shall either: (i) reside in City Commission District 5 ("District 5"); (ii) own real property in District 5; or (iii) work or maintain a business in District 5. The Public Advocate shall be a full time homeowner, residing in District 5. (d) Procedure for appointment of members. No appointment shall be made until notice has been given at least 30 days prior to making the appointment in a newspaper of general circulation in the city that the appointments are to be made to the Little Haiti Advisory Board. Persons interested in and with knowledge of the Little Haiti Area shall be solicited and encouraged to serve from the public and professional or citizen organizations within the Little Haiti Area. Qualifications of those to be considered as prospective appointees of the Little Haiti Advisory Board shall be submitted to the City Clerk. At least ten days prior to the making of any appointment, the District 5 City Commissioner 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 a decision on the appointments, the District 5 City Commissioner shall give due consideration to the names submitted. (e) Officers. The members of the Little Haiti Advisory Board shall elect from its members a chairperson and vice -chairperson, and designate a secretary and such other officers deemed necessary for a term of one year. The chairperson of the Little Haiti Advisory Board shall have the power to appoint all members serving on the various committees which the Little Haiti Advisory Board shall establish from time to time. Nothing set forth herein shall prohibit the chairperson from being re-elected. (f) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Little Haiti Advisory Board shall assume the duties of a member of the Little Haiti Advisory Board, but before doing so, shall take an oath or City of Miami Page 3 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 affirmation, to be filed and kept in the office of the city clerk, that he or she will support, protect and defend the constitution and laws of the United States of America and of the state. (g) Quorum and voting. At all meetings of the Little Haiti Advisory Board, a minimum of four (4) voting members shall constitute a quorum for the transaction of business, and each voting member shall have one vote on every issue submitted to a vote of the Little Haiti Advisory Board. The act of a majority of the voting members present at a meeting at which a quorum is present shall be the act of the Little Haiti Advisory Board. The members of the Little Haiti Advisory Board may make and adopt bylaws and rules for the Little Haiti Advisory Board's governance. (h) Meetings. The Little Haiti Advisory Board shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the Little Haiti Advisory Board shall be public. Whenever possible, meetings shall be held in the Little Haiti area. Written minutes of the proceedings of all actions taken at the meeting of the Little Haiti Advisory Board shall be maintained properly recorded and submitted to the City Clerk. Rules of Procedure. The Little Haiti Advisory 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. Attendance requirements. A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three (3) consecutive meetings; or (b) he or she is absent from four (4) properly noticed meetings within a twelve-month period without an excused absence. A member shall be deemed absent when he/she is not present at the meeting at least seventy-five percent (75%) of its duration. The application of the provisions of this section may be waived by a four -fifth (4/5th) vote of the members of the City Commission. (k) Vacancies. Vacancies in the membership of the Little Haiti Advisory Board shall be filled by the District 5 city commissioner in the manner set forth subsection (b), above, for appointed members. Nothing set forth herein shall prohibit any individual from being reappointed. (I) Removal. Members of the Little Haiti Advisory Board may be removed for cause by vote of not Tess than three members of the city commission upon written charges after a 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 chairman of the board shall certify same to the city clerk. The city clerk shall then inform the District 5 city commissioner and the mayor in writing that the position has been declared vacant and a successor member must be appointed, to fill the vacancy by the District 5 city commissioner. (m) Disqualification of members. If any member has a conflict of interest on a particular matter coming before the Little Haiti Advisory Board, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation City of Miami Page 4 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 whatsoever in the cause; or he/she may be disqualified by a vote of not less than a majority of the membership of the Little Haiti Advisory Board present, not including the member about whom the question for disqualification has been raised. (n) Assignment of tasks: The city manager shall provide for necessary staffing to assist the Little Haiti Advisory Board. Such staff, shall: (1) Provide and perform necessary administrative duties including providing assistance to the Little Haiti Advisory Board regarding the scheduling of meetings of the Little Haiti Advisory 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 Little Haiti Advisory Board on activities, developments, or improvements in, or substantially impacting the residents of, the Little Haiti Area. (3) Submit the adopted minutes of each Little Haiti Advisory Board meeting to the city clerk and the District 5 city commissioner. (4) Prepare summary reports of board actions for review by the board prior to delivery of the same to the city manager or his designee 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 Little Haiti Advisory Board. (7) Serve as the community liaison between the city, the Little Haiti Advisory Board and the residents of the Little Haiti Area. (8) Channel issues and concerns of Little Haiti Area residents, businesses and community groups to the attention of the Little Haiti Advisory Board or the appropriate city department for resolution or to the appropriate public or private agency for action. (9) Follow through with the implementation of all decisions and actions approved by the Little Haiti Advisory Board. (10) Share information with community organizations and receive input regarding ongoing or proposed projects and activities in the Little Haiti Area. (11) Schedule the use of the Little Haiti Advisory Board facilities by community organizations. (12) Coordinate projects of the Little Haiti Advisory Board with other community organizations and governmental agencies. City of Miami Page 5 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 Sec. (To be determined). Compensation. Members of the Little Haiti Advisory 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. (To be determined). Counsel. The City Attorney's Office shall provide legal counsel to the Little Haiti Advisory Board as may be necessary and requested by the Little Haiti Advisory Board. Sec. (To be determined). Sunset Review of the Little Haiti Advisory Board. Notwithstanding the provisions contained in Section 2-892 of this Code, the Little Haiti Advisory Board shall be initially reviewed in 2010. Thereafter the Little Haiti Advisory Board shall be reviewed every four years. Sec. (To be determined). Financial disclosure. All members of the Little Haiti Advisory Board shall file annual financial disclosure reports pursuant to law. Sec. (To be determined). Abolition of the Little Haiti Advisory Board. The City Commission may, by an affirmative four -fifths (4/5ths) vote, abolish the Little Haiti Advisory Board, at which time the powers and duties of the Little Haiti Advisory Board shall revert to the City and the City shall resume responsibility for the revitalization initiative." *11 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 City of Miami Page 6 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: j. 2007: 2010: 1. Overtown Advisory Board/Overtown Community Oversight Board 2. Little Haiti Advisory Board *11 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, 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 7 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024 File Number: 07-00153 {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 8 of 8 File Id: 07-00153 (Version: 1) Printed On: 7/16/2024