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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 3. - LITTLE HAITI REVITALIZATION TRUST Footnotes: --- (5_2) --- Editor's note— Prior to the reenactment of division 3 by Ord. No. 13834, § 2, adopted April 25, 2019, Ord. No. 12982, § 1, adopted April 10, 2008, repealed the former division 3, §§ 12.5-56-12.5-65 in its entirety, which pertained to the Little Havana homeownership advisory board, and derived from Ord. No. 12404, § 4, adopted September 11, 2003. Sec. 12.5-40. - Little Haiti Revitalization Trust created. A limited agency and instrumentality of the city to be known as the "Little Haiti Revitalization Trust" is created and established. Use of the term "Little Haiti Trust" in this division shall mean the Little Haiti Revitalization Trust. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-41. - Little Haiti Trust Jurisdictional authority. The Little Haiti Trust shall exercise the powers and duties for the area in Little Haiti ("area") described as follows: beginning at the intersection of Northeast 54th Street and Northeast 4th Avenue, traveling westward along the midblock line between Northeast 54th Street and the street parallel to the south until it meets Interstate 1-95, then traveling northward along the center line of Interstate 1-95 until meeting the boundary of the city, then turning and traveling eastward along the midblock line to include the frontage of Northwest 79th Street until reaching North Miami Avenue, then traveling northward along North Miami Avenue until it reaches the Little River, then traveling eastward following the northern boundary of the city along the Little River until reaching Northeast 2nd Avenue, then traveling southward along the midblock line between Northeast 2nd Avenue and the street running parallel to the east including the eastern frontage of Northeast 2nd Avenue until reaching the northern boundary of Little Haiti Park, then following the park boundary until reaching Northeast 4th Avenue, then traveling south along the center line of Northeast 4th Avenue until reaching the beginning, all as further described in Exhibit "A," attached and incorporated. (Ord. No. 13834, § 2, 4-25-19) Note— The exhibit referred to in this section is not set out at length herein, but may be found in the offices of the city. Sec. 12.5-42. - Purpose; powers and duties. (a) Purpose. The Little Haiti Trust, in cooperation with the city manager, the department of housing and community development and other city departments shall be responsible for oversight of and shall facilitate, the city's revitalization efforts for the redevelopment of the area in a manner consistent with the strategy identified in the Five -Year Consolidated Plan, adopted by the city commission in February 2014. The Little Haiti Trust shall promote economic development, business and commerce in the area. The Little Haiti Trust shall develop and execute a plan to create jobs, attract industry and facilitate the production of goods and services in the area for residents and non-residents. It will facilitate the development of affordable housing, engage in homebuyer assistance programs and market the area to encourage former residents and others to locate to the area. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the Little Haiti Trust shall be empowered to take all actions necessary including, but not limited to, the following activities: (1) Establish policy for the revitalization efforts in the area; and (2) Advocate the purposes of the Little Haiti Trust; and (3) Assist and advise the city commission, the department of housing and community development, other departments and other public officials and entities concerning the revitalization initiative in the area; and (4) Promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the area; and (5) Solicit and accept grants in cooperation with the office of grants administration. The Little Haiti Trust shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor agency guidelines. All grant applications shall be submitted to the office of grants administration for review and will subsequently be forwarded to the director of grants administration for approval, and final signature. The Little Haiti Trust shall be responsible for implementing and managing all of its grants. Any and all other contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall require city commission approval; and (6) Implement full and active participation and cooperation with public and private entities in furtherance of the Little Haiti Trust's purpose to oversee and facilitate the revitalization of the area to improve the quality of life for residents of this neighborhood; and (7) Participate in any other fundraising activity, whether solely involving the Little Haiti Trust or involving partnerships with other persons or public or private organizations, which furthers the Little Haiti Trust's purpose, with the approval of the city commission; and (8) Establish independent city line items in the budget for deposit of revenues generated by the Little Haiti Trust and for disbursement of trust expenses; and (9) In addition to complying with subsection 18-85(h) of the City Code, the Little Haiti Trust shall contract and be contracted with, for administrative purposes only, not to exceed $5,000.00 per item, goods, services, and/or anything of value in one transaction or multiple transactions concerning the same subject matter. Any and all contracts above $5,000.00 shall require city commission approval; (10) To sue and be sued, plead and implead; (11) Notwithstanding any provisions to the contrary, the Little Haiti Trust shall exercise only such powers as are expressly granted pursuant to this division. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-43. - Scope. (a) The Little Haiti Trust may review and evaluate issues related to the major development of real property in the area and may provide recommendations and advice to the city commission concerning those issues and only such other matters as are referred to it by the city commission in regard to real property in the area. The city commission shall not be bound by any recommendation or advice received from the Little Haiti Trust. The Little Haiti Trust is expected to be aware of city policies concerning the major development of real property in the area and coordinate its endeavors with city departments, committees and boards which will be affected by the Little Haiti Trust's recommendations and advice. (b) The Little Haiti Trust may be informed of issues concerning the major development of real property in the area for its input and advice at the conceptual planning stage for such development; "major development" shall be defined as such activities that require public notice and hearings pursuant to the City of Miami Charter and Code and shall not encompass minor changes, renovations and/or alterations to any existing real property in the area. Nothing herein is intended to interfere or conflict with any existing provisions in the City of Miami Charter or Code setting forth procedures concerning the development of real property. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-44. - Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Governing body -composition and appointments. The Little Haiti Trust shall consist of five voting members and one youth, non -voting member. Four of the voting members and one youth, non -voting member shall be appointed by the district 5 commissioner and confirmed by the city commission. One voting member shall be appointed by the city manager and confirmed by the city commission. (b) Terms of office and vacancies. Four voting members and one youth, non -voting member shall be appointed by the district 5 commissioner for a term of two years or until the nominating commissioner leaves office, whichever occurs first. One voting member shall be appointed by the city manager for a term of one year or until the city manager leaves office, whichever occurs first. The district 5 commissioner shall appoint an individual to fill a vacancy due to the death, resignation, or removal of his or her appointees to the Little Haiti Trust, which person shall serve only for the remainder of the unexpired term. The city manager shall appoint an individual to fill a vacancy due to the death, resignation, or removal of his or her appointee to the Little Haiti Trust, which person shall serve only for the remainder of the unexpired term. Members shall continue to serve until their successors have been appointed and confirmed. No member shall serve more than four consecutive years on the Little Haiti Trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (c) Membership qualifications. (1) The Little Haiti Trust voting members shall be 18 years of age or older and broadly reflect the diversity of the community and share technical, professional expertise, or experiential knowledge and interest in the residential construction, development, architecture and engineering, planning, zoning and land use law, economic development, historic preservation and restoration, administration, fiscal management, or community involvement. Members shall be subject to section 2-884 of the City Code. (2) The Little Haiti Trust youth, non -voting member shall be no less than 15 and no more than 18 years of age. (3) Each member of the Little Haiti Trust shall be an individual of outstanding reputation for integrity, responsibility, and commitment to serving the community, have a demonstrated interest in the revitalization of the area and the vision of the Little Haiti Trust, and is expected to participate actively in the functioning of the Little Haiti Trust. (4) No member of the Little Haiti Trust shall become a candidate for elective political office during his or her term. Should any member of the Little Haiti Trust qualify as a candidate for elective political office, such qualification shall be deemed an immediate resignation from the Little Haiti Trust. (5) No employee of Miami -Dade County or any municipality therein other than city employees shall serve on or be appointed to the Little Haiti Trust. (d) Procedure for appointment of members. No appointment shall be made until notice has been given in a newspaper of general circulation in the city of the appointments to be made to the Little Haiti Trust at least 30 days prior to the making of an appointment and shall have solicited and encouraged the public and professional or citizen organizations within the area having interest in and knowledge of the area to submit names of persons and their qualifications for consideration as prospective appointees of the Little Haiti Trust. At least ten days prior to the making of any appointment, the appointing party shall cause the city clerk to have available to the public and the city clerk shall publicly make announcement of the fact that the list of names thus submitted, together with a short statement of the qualifications of each nominee, is prepared and available for public inspection and consideration. In reaching a decision on appointments, the appointing party shall give due consideration to the names submitted. (e) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the Little Haiti Trust shall assume the duties of a member of the Little Haiti Trust but before doing so, shall take an oath or 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 of Florida. (f) Officers. The voting members of the Little Haiti Trust shall elect from its voting members a chairperson and vice -chairperson and designate a secretary and such other officers deemed necessary. The chairperson of the Little Haiti Trust shall have the power to appoint all members serving on the various committees which the Little Haiti Trust shall establish from time to time. All officers shall serve a term of one year or until a successor is elected. (g) Quorum and voting. All meetings of the Little Haiti Trust shall be open to the public. Quorum requirements shall be consistent with section 2-887 of the City Code. The voting members of the Little Haiti Trust shall make and adopt bylaws and rules and regulations for the Little Haiti Trust's governance and for the operation and management of the revitalization initiative. (h) Meetings. The Little Haiti Trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. At least one of the meetings of the Little Haiti Trust per year shall be held in the area. All meetings of the Little Haiti Trust shall be public. Recorded minutes of the proceedings of all actions taken at the meeting of the Little Haiti Trust shall be maintained by the Little Haiti Trust and shall be promptly and properly recorded and submitted to the city clerk. The city clerk shall transcribe the recorded minutes of the meetings of the Little Haiti Trust and provide a copy of the transcribed minutes to the president/chief executive officer of the Little Haiti Trust. (i) Attendance requirements. It is expected that members of the Little Haiti Trust attend each and every meeting. Members shall be subject to the attendance requirements of section 2-886 of the City Code. (j) Insurance. The Little Haiti Trust shall maintain officers and director's liability insurance coverage at all times in an amount and in a form satisfactory to the city's director of risk management. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-45. - President/chief executive officer; appointment, term, qualifications, compensation, general powers, and responsibilities. The president/chief executive officer shall be appointed by the Little Haiti Trust and approved by the city commission and receive such salary and benefits as shall be fixed by the Little Haiti Trust and approved by the city commission. The Little Haiti Trust shall have the option of appointing a president/chief executive officer who is not affiliated with the city or they may appoint, with the written approval of the city manager, a city employee who is assigned by the city to the Little Haiti Trust for the purpose of managing the revitalization initiative. After the hiring of the president/chief executive officer, the Little Haiti Trust shall submit monthly quarterly status reports on the Little Haiti Trust's operations and expenses to the city commission. The president/chief executive officer shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no Little Haiti Trust member shall be eligible for appointment as president/chief executive officer. The president/chief executive officer shall take an oath before assuming any duties. Subject to the policy directives of the Little Haiti Trust, the president/chief executive officer shall have general supervision over and be responsible for the management and operation of all Little Haiti Trust activities and facilities. The president/chief executive officer shall execute all contracts on behalf of the Little Haiti Trust after approval by the Little Haiti Trust. The president/chief executive officer shall attend all meetings of the Little Haiti Trust, shall furnish the Little Haiti Trust a quarterly report with respect to the management and operation of the revitalization initiative and the financial condition of the Little Haiti Trust, and shall from time to time have prepared and shall furnish such reports, audits, and other information relating to the revitalization initiative to the Little Haiti Trust as may be required by the Little Haiti Trust or the city. In the absence or disability of the president/chief executive officer or if no president/chief executive officer is currently employed by the Little Haiti Trust, the Little Haiti Trust may designate a qualified person as interim president/chief executive officer on a part-time temporary basis for a period of time less than six months subject to city commission approval. The president/chief executive officer may be removed at any time by the Little Haiti Trust or the city commission in their sole discretion and without notice. If the president/chief executive officer is removed, the city manager is hereby authorized to execute contracts and other documents on behalf of the Little Haiti Trust until such time that a president/chief executive officer or an interim president/chief executive officer is appointed by the Little Haiti Trust and approved by the city commission pursuant to this section. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-46. - Employment of assistants. Subject to the policy directives of the Little Haiti Trust and budget limitations, the president/chief executive officer may employ such assistants as are necessary to provide for the efficient operation of the Little Haiti Trust. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-47. - Compliance with federal, state, and local laws. The Little Haiti Trust shall comply with and observe all applicable federal, state, and local laws, rules, regulations, codes, and ordinances. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-48. - Counsel. The city attorney shall provide legal counsel to the Little Haiti Trust as may be necessary and requested by the Little Haiti Trust and shall designate attorney(s) to act on his or her behalf. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-49. - Approval of budget. (a) Effective immediately, the Little Haiti Trust shall establish a fiscal year which coincides with that of the city. The Little Haiti Trust shall submit to the city commission a budget, in a form acceptable to the city manager, no later than April 1 preceding the commencement of each fiscal year. Nothing contained herein shall be construed to prohibit the Little Haiti Trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the Little Haiti Trust's budget for that year and all expenditures shall comply with the city's procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the Little Haiti Trust shall submit a master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from the date of its submission by the Little Haiti Trust. (d) Pursuant to subsection 12.5-42(b)(8), the Little Haiti Trust shall establish an independent line item in the city's budget for the deposit of revenues generated by the Little Haiti Trust and for disbursement of Trust expenses. (e) No provision contained in this division shall be construed to violate the Anti -Deficiency Act as set forth in sections 18-500 through 18-503 of the City Code. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-50. - Annual report and audit. (a) The Little Haiti Trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) The city commission and/or the city manager shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the Little Haiti Trust at any time. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-51. - Sunset review of Trust. Notwithstanding the provisions contained in section 2-892 of the City Code, the Little Haiti Trust shall be initially reviewed in 2023 for possible sunset. Thereafter, the Little Haiti Trust shall be reviewed every four years for possible sunset. (Ord. No. 13834, § 2, 4-25-19) Sec. 12.5-52. - Abolishment of the Little Haiti Trust. The city commission may, by an affirmative vote of three commissioners, abolish the Little Haiti Trust, at which time the powers, duties, and all responsibilities of the Little Haiti Trust shall revert to the city and the city shall resume responsibility for the revitalization initiative. (Ord. No. 13834, § 2, 4-25-19) Secs. 12.5-53-12.5-55. - Reserved.