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HomeMy WebLinkAboutBack-Up from Law DeptDIVISION 17. - COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID BOARD) Footnotes: (35) --- Editor's note— Ord. No. 13059, § 2, adopted March 12, 2009, repealed and reenacted division 17 in its entirety to read as herein set out. Formerly, division 17, §§ 2-1250-2-1256, pertained to the Coconut Grove Business Improvement Committee (BIC), and derived from Ord. No. 12564, § 4, adopted July 22, 2004; Ord. No. 12781, § 1, adopted March 9, 2006; Ord. No. 12908, § 1, adopted April 12, 2007, and Ord. No. 12931, § 1, adopted July 10, 2007. Sec. 2-1250. - Establishment and purpose. The "Coconut Grove Business Improvement District Board" of the city ("BID board") is re-established to stabilize and improve retail and other business in the areas described in sections 35-221 and 54-341 of the Code of the City of Miami, as amended ("Code"), and the assessed area known as the BID more particularly described in Resolution No. 18-0294 adopted on July 12, 2018, and later confirmed in Resolution No. 19- 0024 adopted on January 10, 2019, through promotion, management, marketing, and other similar services, including but not limited to, coordination, funding, implementation and maintenance of infrastructure improvements, and other projects. These areas shall collectively be described herein as the "area." (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1251. - Composition; appointment and terms of office of members; filling of vacancies. (a) The BID board shall have nine voting members appointed as follows: (1) The commissioner for district 2 shall be a voting member who shall not require confirmation. (2) The chief executive officer of the Miami Parking Authority, or his/her designee, shall be a voting member who shall not require confirmation. (3) One voting member shall be nominated by the owners of the property located at CocoWalk, 3015 Grand Avenue, Coconut Grove, FL 33133 and submitted to the district 2 commissioner for appointment and confirmation. (4) One voting member shall be nominated by the owners of the property located at Mayfair in the Grove, 3390 Mary Street, Coconut Grove, FL 33133 and submitted to the district 2 commissioner for appointment and confirmation. (5) The remaining five voting members will be seated through the following elective process enumerated in subsection (6). The remaining five voting members shall, to the extent practical, represent an area hotel, restaurant, office, retail, or property owner. (6) The five voting members cited in subsection (5) above, will in accordance with the BID board by-laws, be selected for a slate created by the nominating committee of the board, then confirmed by the board by a 51 percent vote of approval, then elected by more than 50 percent of votes cast by the property owners of the BID for approval of the slate. Subsequent to election, the commissioner of district 2 will confirm the five new voting members. (7) The commissioner for district 2 may appoint non -voting members as may be necessary from time to time, at the discretion of the district 2 commissioner, who shall not require confirmation. (8) Nomination of initial members of the re-established BID board. The district 2 commissioner shall appoint a BID board nominating committee to solicit and screen applications, interview candidates and submit nominations to the district 2 commissioner for appointment to the initial term of the re-established BID board. (9) Initial terms. The initial nine voting members shall serve terms as follows: 1 Commissioner district 2 2 MPA Chief Executive Officer or designee 3 CocoWalk representative 4 Mayfair representative 5 Representative of an area hotel, restaurant, office, retail property, or property owner(s) 6 Representative of an area hotel, restaurant, office, retail property, or property owner(s) 7 Representative of an area hotel, restaurant, office, retail property, or property owner(s) 8 Representative of an area hotel, restaurant, office, retail property, or property owner(s) 9 Representative of an area hotel, restaurant, office, retail property, or property owner(s) No Term Limit No Term Limit 3 years 2 years 1 year 3 years 2 years 1 year 3 years (b) After the initial term as identified in subsection (a)(9) above, members shall serve terms of three years expiring on August 31 of the third year following their appointment. Members shall serve a maximum of nine consecutive years, provided that upon the unanimous vote of the BID board, the city commission may, by unanimous vote, extend the term of a member for one additional period of three years. Notwithstanding the foregoing, the initial nine voting members, or anyone appointed to fill a vacancy of a voting member during the initial term, shall not have their initial term, as identified in subsection (a)(9) above, counted against the maximum nine consecutive years. Members shall continue to serve until their successors have been nominated and appointed. Appointments to fill vacancies shall be for the unexpired term only. This subsection shall be inapplicable to the members identified in subsections 2-1251(a)(1) and (2). (c) Quorum shall consist of a majority of the then appointed/elected voting members. (d) The chairperson of the BID board shall have the power to appoint the members to the various committees which the chairperson shall have the power to establish from time to time. (e) Protection from personal liability. The BID board 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. Nothing in this section shall be construed in any way to limit or waive sovereign immunity. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13171, § 2, 5-13-10; Ord. No. 13255, § 2, 3-10-11; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1252. - Qualifications of members. (a) All members of the BID board shall: (1) Reside; (2) Work; (3) Own (or be the designated representative of the owner of) a business; or (4) Own (or be the designated representative of the owner of) real property in the city. For purposes of this section, a person shall be deemed to "own real property" where the person is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least 30 years. All members of the BID board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. No officer or employee of the city, other than the district 2 commissioner, shall be a member of the BID board. (b) Before assuming the duties of the office, each member shall take and subscribe to the oath of office required of officials of the city. (Ord. No. 13059, § 2, 3-12-09) Sec. 2-1253. - Meetings; parliamentary authority, rules and regulations; compensation of members. The parliamentary authority of the BID board shall be Robert's Rules of Order (current edition) unless the BID board adopts its own order of business and rules of procedure governing its meetings, and actions, not inconsistent with the provisions set forth herein, which rules of procedure shall be filed with the city clerk. The BID board shall hold regular meetings no less often than once each quarter. Special meetings may be held when called in the manner provided in the rules of the BID board. All meetings of the BID board shall be open to the public. Each member of the BID board shall serve without remuneration. (Ord. No. 13059, § 2, 3-12-09) Sec. 2-1254. - Removal of members. Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a BID board member as to the basis for his or her removal and after reasonable notice to the BID board member and an opportunity for the member to be heard, the BID board, by a 51 percent vote of the board, may remove a board member: (1) For cause as defined in F.S. ch. 112; (2) If the member ceases to meet the qualification criteria set forth in section 2-1252 or any additional qualifications set forth in the current BID board by-laws; or (3) As otherwise provided by law. For purposes of this section, being absent from three consecutive regular BID board meetings or committee meetings or from four regular BID board meetings or committee meetings during a calendar year shall constitute good cause for removal. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13171, § 2, 5-13-10) Sec. 2-1255. - Powers and duties. (a) The BID board shall have the power to: (1) Subject to city commission approval, which approval shall not be unreasonably withheld, appoint an executive director and fix the terms of engagement and compensation of the executive director, which shall be paid from funds available to the BID board. (2) Prepare an annual budget to be presented to the city commission for approval. (3) Plan, propose, and implement programs and services for the purpose of stabilizing and improving the BID through promotion, management, marketing, and other similar services, such as streetscape improvements. (4) Plan and propose to the city and the city commission, within the area, public improvements, including but not limited to renovation, repair, remodeling, reconstruction or other changes in existing buildings and streetscape which in the opinion of the BID board will aid in the economic growth of the area. (5) Recommend to the city commission or the department of off-street parking, the acquisition by purchase or otherwise, of any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project or purpose of this article. (6) Cooperate with any governmental agency or public body for the purposes authorized herein. (7) Determine the appropriate expenditures from the Coconut Grove business district improvement trust fund as defined in section 35-221 of the City Code. (8) Review special event applications in the Coconut Grove special events district and approve or reject such applications as set forth in section 54-341 of the City Code. (9) Solicit and accept grants in cooperation with the city office of grants administration. The BID board 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 coordination prior to submission. The BID board 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 follow the approvals established by the city. (10) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict or inconsistent herewith. (b) The city manager retains sole authority to execute contracts and agreements subject to the limitations of chapter 18 article III, of the City Code. However, the city manager may delegate to the executive director the authority to execute contracts consistent with the provisions of chapter 18, article III, of the City Code, subject to BID board approval. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1256. - Employees generally. (a) Executive director. The executive director shall serve at the pleasure of the BID board and shall be a person of good moral character and have a reputation for integrity, responsibility and business ability. No member of the BID board shall be eligible to hold the position of executive director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath as required of members of the BID board. He/she shall be the chief executive officer of the BID board and shall not, while serving as executive director, actively engage in any other business or profession. Subject to the approval of the BID board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the BID board in the manner authorized in this article. He/she shall attend all meetings of the BID board and shall render to the BID board and the city manager a monthly report covering the activities and financial condition of the BID board. In the temporary absence or disability of the executive director, the BID board may designate a qualified person to perform the duties of the office as acting executive director. The executive director shall furnish the BID board with such information or reports governing the operation of the BID board as the board may from time to time require. At the time of the re-establishment of the BID, the executive director of the BID shall continue to be the individual the city commission approved in Resolution No. 18-0323 with the salary and benefits currently provided. The executive director shall have no civil service rights or privileges. (b) Staff. Subject to the policy directives of the BID board and budget limitations, the executive director may engage such staff members as are necessary for the efficient operation of the BID board. Staff members shall have no civil service rights or privileges. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1257. - Annual budget; source of funds. (a) The city commission approved the fiscal year 2018-2019 BID budget in Resolution No. R-18-0392 adopted on September 13, 2018. Commencing fiscal year 2019-2020, consistent with the city's budget process, the BID Board shall submit to the city manager a BID budget request pertaining to management, operation, and maintenance expenditures and delineating the financial responsibility of the city for certain categories including but not limited to insurance, security, utilities, and maintenance to be approved by the city commission. Nothing contained herein shall be construed to prohibit the BID board from submitting a supplemental budget to the city commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the BID board budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the BID board shall submit a plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the plan within 30 days from the date of its submission by the BID board. (d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500-18-503 of the City Code. (e) The operations of the BID board shall be principally financed from the following sources and such other sources as may be approved by the city commission: (1) Contributions, gifts, and/or donations to the BID board for the performance of its functions. (2) Proceeds of a special assessment as authorized by Resolution No. 18-0294, adopted July 12, 2018, and later confirmed in Resolution No. 19-0024, adopted on January 10, 2019. (3) Parking waiver fees as authorized by section 35-224 of the City Code. (4) Parking surcharge fees as authorized by section 35-342 of the City Code. (5) Sidewalk cafe fees as authorized by section 54-223 of the City Code. (6) Event supplemental fees as authorized by section 54-343 of the City Code. (7) Banner fees as authorized by section 54-344 of the City Code. (8) Grant proceeds. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1258. - Annual report and audit. (a) The BID board 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) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the BID board at any time. (Ord. No. 13059, § 2, 3-12-09) Sec. 2-1259. - Notices and filing of records. The provisions set forth in section 2-888 of the City Code shall apply to the BID board. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1260. - Participation in BID programs. Notwithstanding anything to the contrary, the members of the BID board and any of its committees shall have the right to participate in programs intended to comply with the requirements, purposes and reasons for the special assessment, including but not limited to cooperative advertising opportunities in the same way as may be available to their commercial peers in the Coconut Grove business community. (Ord. No. 13059, § 2, 3-12-09) Sec. 2-1261. - Inapplicability of sunset provision. The BID board shall not be subject to the provisions of section 2-892 of the City Code. (Ord. No. 13059, § 2, 3-12-09; Ord. No. 13833, § 2, 4-25-19) Sec. 2-1262. - Transfer of assets. Any and all personalty under the control of the Coconut Grove business improvement committee, shall transfer upon the creation of the BID board, to the BID board. (Ord. No. 13059, § 2, 3-12-09) Sec. 2-1263. - Counsel. The office of the city attorney shall provide legal services to the BID board as may be necessary and requested by the BID board. (Ord. No. 13059, § 2, 3-12-09) Secs. 2-1264-2-1270. - Reserved.