HomeMy WebLinkAboutO-13517City of Miami
Legislation
Ordinance: 13517
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00309 Final Action Date: 5/14/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE
HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 2/ARTICLE
XI/DIVISION 14, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND
PROGRAM OVERSIGHT BOARD," SECTIONS 2-1201 THROUGH 2-1207, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND BY
AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2, OF THE CITY CODE, ENTITLED
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR
CREATION AND REVIEW OF BOARDS GENERALLY," MORE PARTICULARLY BY
AMENDING SECTIONS 2-887(b) and 2-892(4)(g)(1) TO DELETE SAID BOARD;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in recognition that monitoring resources for homeland defense preparedness,
neighborhood improvements, and enhancements for projects is key to proper development, the City
Commission created and established the Homeland Defense/Neighborhood Improvement Bond
Program Oversight Board ("Board"); and
WHEREAS, the Board has diligently performed such monitoring since its inception, and the City
Commission now recommends progressing to various other means of performing the aforementioned
duties; and
WHEREAS, the City Commission wishes to sunset the 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 fully set forth in this Section.
Section 2. The Homeland Defense/Neighborhood Improvement Bond Program Oversight Board is
abolished and Chapter 2/Article XI/Division 14/Sections 2-1201 through 2-1207 of the Code of the
City of Miami, Florida, as amended ("City Code"), is repealed in its entirety to effect said sunset, in the
following particulars: {1}
"CHAPTER 2
ADMINISTRATION
City of Miami
Page 1 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 14. HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD Reserved.
Sec. 2-1201 - 2-1214 Reserved.
Sec. 2 1201. Established; sunset date
{a) There is established a limited agency a strumentality of the city to be known as the
Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, which shall
hereinafter be referred to as the "board."
(b) Sunset date. This board shall sunset on December 31, 2011.
Sec. 2 1202. Purpose, powers and duties.
The purpose, powers and duties of the Board are:
{1) To serve in an advisory capacity to the city commission related to the monitoring of
cicctoratc on Novcmbcr 13, 2001, for homeland defense preparedne.a and
neighborhood improvements and enhancements for projects including those specifically
identified by the city administration and set forth in informational pamphlets and media
releases distributed to the public prior to said election;
{2) Monitor projects related to historic preservation and improvements for public safety,
,
sidewalks and lighting);
{3) Monitor amount of funding to be dedicated for each improvement or project;
through the city manager, that vendors, contractors, or any other entity receiving
funding from the general obligation bond i.suance approved on November 13, 2001,
appear before the board to answer questions regarding the status of such funded
projects;
{5) Expedite the development of the following projects identified as priorities by the city
commission:
� The I ittle Haiti Dark• and
b. City-wide road and sidewalk repairs. Notwithstanding any provision to the
contrary, the city commission, by unanimous vote, may expedite the
development of any other project.
City of Miami Page 2 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
Sec. 2 1203. Membership; qualifications; terms of office; vacancies; officers; parliamentary
procedures mac^ of ced�Teetings; nuorum; voting; attenda-n-req emen
{a) Membership. The board shall consist of 15 voting members who shall serve without
{-1-)—Five-members appointed by the mayor; and
{2) Ten members appointed by the members of the commission, with each
commi.sioner nominating two individuals.
(b) Qualifications. The provisions set forth in section 2 884 shall apply to the members of the
board.
(c) Terms of office. The terms of office of the members of the board shall be for one year, or
until the mayor or the nominating commi.sioner leaves office, whichever occurs first. All
members shall continue to serve until their successors have been appointed and qualified.
to the number of years a member may serve on the board.
(d) Vacancies. If a vacancy occurs on the board, such vacancy shall be filled as applicable by
position has become vacant with subsequent appointment by the commission. Such
appointment shall be effective for the remainder of the unexpired term or until the mayor or the
nominating commi.sioner leaves office.
{e) Officers. The mayor shall designate the chairperson of the board. The board shall select
be deemed nece.sary, who shall serve at the pleasure of the board. The vice -chairperson
shall serve as chairperson in the absence of the chairperson.
(f) Parliamentary authority and rules of procedure. The parliamentary authority of the board
shall be Robert's Rulcs of Order (current edition), unlec•s the board adopts its own order of
jurisdiction, not inconsistent with the provisions set forth herein, which rules of procedure shall
be filed with the city clerk. Copies of minutes of all board meetings shall be furnished to the
mayor, commissioners and the city manager.
quorum shall be 50 percent plus one of the then appointed members for purposes of voting
and conducting business.
(h) Attendance requirements. The provisions set forth in section 2 886 of this article shall
apply to all members of the board.
Sec. 2 1204. Assignment of staff.
City of Miami Page 3 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
{a) It shall be the duty of the city clerk to provide the services of an individual to keep minutes
of meetings, maintain committee correspondence, post meeting notices, file reports and
perform all other nece.aary support functions.
(b) (1) It shall be the duty of the city manager to a.sign individuals from the departments of
parks and recreation, public works, police, fire -rescue, conferences, conventions and public
neighborhood enhancement teams as may be nece.aary to advise the board about ongoing
and pending projects and to provide administrative support.
{2) Ensure that all projects requiring city commi.sion approval and employing any of the
funds derived from the general obligation bond issuance approved November 13, 2001, be
submitted to the Board for its review and comment prior to submi.sion to the city commi.sion
for approval.
{3) Present to the Board -reports ts regarding the status of the projects.
Sec. 2 1205. Counsel.
The city attorney's office shall provide legal -counsel to the board.
Sec. 2 1206. Notices and filing of records.
The provisions set forth in section 2 888 shall apply to the board. Notice of meetings
not required. It shall be the duty of the city clerk to comply with applicable laws related to filing
of records and section 2 889.
Sec. 2 1207. Annual report.
The provisions set forth in section 2 890 of this article shall apply related to the
submittal of annual reports.
Sec. 2 1208 2 1214. Reserved.
Section 3. Chapter 2/Article XI/Division 2/Section 2-897(b) of the City Code, is further amended in
the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
* * *
ARTICLE Xl. BOARDS, COMMITTEES, COMMISSIONS
City of Miami Page 4 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-887. Quorum requirements; exceptions.
(a) Except for those boards listed in subsection (b) herein below, a quorum for all boards'
meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The
decision of a majority of the board members present and voting at a meeting at which a
quorum is present shall be the decision of the board.
(b) The following boards are subject to quorum requirements as provided for elsewhere in this
Code.
Audit Advisory Committee
Bayfront Park Management Trust
Downtown Development Authority
Equal Opportunity Advisory Board
Homeland Defense/Neighborhood Improvement Bond Program Oversight Board
Mayor's International Council
Miami Commission on the Status of Women
Miami Sports and Exhibition Authority
Parks and Recreation Advisory Board
Street Codesignation Review Committee
Urban Development Review Board
*I1
Section 4. Chapter 2/Article XI/Division 2/Section 2-892(4)(g)(1) of the City Code, is further
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.
City of Miami Page 5 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
Commencing with the year 1995, each city board shall be reviewed in the following
manner:
(1) By February 15 of the year in which a board is to be reviewed, the city manager shall
deliver to the city commission the report submitted by the chairperson of each board pursuant
to section 2-890 hereinabove, together with any recommendation or comments the city
manager desires to submit.
(2) During the month of March of each year in which a board is to be reviewed, the
chairperson shall make an oral presentation to the city commission. Said presentation shall be
based on the report set forth in section 2-890 above. At the conclusion of the oral presentation
by the board's chairperson, any individual commissioner may request the formation of a
special purpose board, (hereinafter referred to as the "SPB"), consisting of five members
appointed by the city commission. The SPB shall evaluate the chairperson's report, the city
manager's recommendations and any other information it deems relevant to determine
whether the board being reviewed shall continue in its present form. The SPB shall make a
report to the full commission within 90 days.
(3) At the conclusion of this review process, the city commission shall determine whether to
abolish, continue, consolidate or modify the board for the ensuing four years thereafter.
Nothing contained herein shall be construed to authorize the abolition, consolidation or
modification of any multijurisdictional board.
(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
a.
b.
c.
1995:
1. Bayfront Park management trust.
2. Citywide community development advisory board.
3. Civil service board.
4. Code enforcement boards.
5. Equal opportunity advisory board.
1996:
1. Committee on ecology and beautification.
1997:
1. Reserved.
2. Audit advisory committee.
City of Miami Page 6 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
d.
e.
f.
g.
h.
J.
k.
3. Urban development review board.
4. Nuisance abatement board.
1998:
1. Historical and environmental preservation board.
2. Miami sports and exhibition authority.
3. Waterfront advisory board.
4. Reserved.
5. Community relations board.
1999:
1. Little Havana Special Events District.
2. Commercial solid waste management advisory committee.
2000:
1. Commission on the status of women.
2. Virginia Key Beach Park trust.
2002:
1. Homeland defense/neighborhood improvement bond program
oversight board (to be sunsetted December 31, 2014).
City of Miami arts and entertainment council.
Reserved.
2003:
1. Mayor's International Council.
2007:
1. Community Technology Advisory Board.
Reserved.
City of Miami Page 7 of 8 File Id: 15-00309 (Version: 1) Printed On: 2/27/2018
File Number: 15-00309 Enactment Number: 13517
2010:
1. Overtown Advisory Board/Overtown Community Oversight Board.
2. Liberty City Community Revitalization Trust.
3. Education advisory board.
4. Planning, zoning, and appeals board.
m.
2011:
1. Parks and recreation advisory board.
Reserved.
2013:
1. Housing and commercial loan committee.
(5) All boards created after the effective date of this division shall be placed in the appropriate
area under subsection (4) hereinabove, and shall be reviewed in accordance therewith.
n.
o.
*1f
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
Footnotes:
{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
(10) 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: 15-00309 (Version: 1) Printed On: 2/27/2018