HomeMy WebLinkAboutCRA-R-24-0071 MemorandumSEOPW Board of Commissioners Meeting
November 21, 2024
SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Christine King
and Members of the CRA
Board
From: James McQueen
Executive Director
Date: November 22, 2024
File: 16954
Subject: City of Miami's Order of Business
and Rules of Procedure
Enclosures: File # 16954 - Backup
BACKGROUND:
A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West
Community Redevelopment Agency ("SEOPW CRA"), approving, accepting, and adopting the City of
Miami's ("City") Order of Business and Rules of Procedure, as outlined in Chapter 2/Article II/Section 2-
33/Subsection (0) of the Code of the City of Miami, Florida, as amended ("City Code"), titled
"Administration/Mayor and City Commission/Order of Business and Rules of Procedure," to provide for
the automatic continuance of a SEOPW CRA Board meeting, once a meeting is cancelled or not held due
to lack of quorum or other emergency ("Purpose").
On occasion, the SEOPW CRA is unable to meet at its regularly scheduled time and date due to a lack of
quorum or other emergency. Presently, there is no mechanism for the SEOPW CRA to address when the
items that were on an agenda of a meeting that has been cancelled due to a lack of quorum or emergency
should be properly heard.
Items on a SEOPW CRA agenda typically have advanced notice requirements that must be fulfilled to
ensure that procedural due process is afforded to interested parties. When a SEOPW CRA meeting is
cancelled due to a lack of quorum or other emergency, those items must be re -advertised and sometimes
at great expense due to the expedited nature of the notice requirement. The lack of clear procedures can
attract subsequent challenges to the SEOPW CRA's action relating to the amount and type of notice that
was provided for the re -scheduled item.
Pursuant to City Ordinance No. 14087, adopted on September 13, 2022, the City created clear
mechanisms for continuing items when a City Commission meeting is unable to meet at its regularly
scheduled time and date due to a lack of quorum or other emergency.
As the SEOPW CRA typically holds its Board of Commissioner's meetings on the same date and location
as the City, adoption of City Ordinance No. 14087 will ensure that the public is provided with required
notice and will prevent challenges based upon the amount of notice that was provided when items are
rescheduled.
It is recommended that Board of the SEOPW CRA approve, accept and adopt the City Order of Business
and Rules of Procedure: Chapter 2, Article II, Section 2-33(0)
JUSTIFICATION:
Pursuant to Section 163.340(9), Florida Statutes, (the "Act") community redevelopment means
"undertakings, activities, or projects of a ... community redevelopment agency in a community
redevelopment area for the elimination and prevention of the development or spread of slums and
blight...."
FUNDING:
This Resolution does not commit funding.
Page 2 of 5
AGENDA ITEM
FINANCIAL INFORMATION FORM
SEOPW CRA
CRA Board Meeting Date: November 21, 2024
CRA Section:
Brief description of CRA Agenda Item:
Form Not applicable
Project Number (if applicable):
YES, there are sufficient funds in Line Item:
Account Code:
Amount:
NO (Complete the following source of funds information):
Amount budgeted in the line item: $
Balance in the line item: $
Amount needed in the line item: $
Sufficient funds will be transferred from the following line items:
ACTION
ACCOUNT NUMBER
TOTAL
Project No./Index/Minot Object
From
$
To
$
From
$
To
$
Comments:
Approved by:
Executive Director 11/14/2024
Approval:
Miguel A Valcntir , Finance Officer 11/14/2024
Page 3 of 5
Southeast Overtown/Park West
Community Redevelopment Agency
File Type: CRA Resolution
Enactment Number: CRA-R-24-0071
File Number: 16954 Final Action Date:11/21/2024
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW
CRA"), APPROVING, ACCEPTING, AND ADOPTING THE CITY OF MIAMI'S ORDER
OF BUSINESS AND RULES OF PROCEDURE, AS OUTLINED IN CHAPTER
2/ARTICLE II/SECTION 2-33/SUBSECTION (0) OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED
"ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND
RULES OF PROCEDURE," TO PROVIDE FOR THE AUTOMATIC CONTINUANCE OF
A SEOPW CRA BOARD MEETING WHEN A MEETING IS CANCELLED OR NOT
HELD DUE TO LACK OF QUORUM OR OTHER EMERGENCY; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW
CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is
responsible for carrying out community redevelopment activities and projects within its Redevelopment
Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment
Plan ("Plan"); and
WHEREAS, on occasion the SEOPW CRA is unable to meet at its regularly scheduled time and
date due to a lack of quorum or other emergency; and
WHEREAS, there presently is no mechanism for the SEOPW CRA to address when the items
that were on an agenda of a meeting that has been cancelled due to a lack of quorum or emergency should
be properly heard; and
WHEREAS, items on a SEOPW CRA agenda typically have advanced notice requirement that
must be fulfilled to ensure that procedural due process is afforded to interested parties; and
WHEREAS, when a SEOPW CRA meeting is cancelled due to a lack of quorum or other
emergency those items must be re -advertised and sometimes at great expense due to the expedited nature
of the notice requirement; and
WHEREAS, the lack of clear procedures can attract subsequent challenges to the SEOPW CRA's
action relating to the amount and type of notice that was provided for the re -scheduled item; and
WHEREAS, on September 13, 2022, the City of Miami ("City") adopted City Ordinance No.
14087, creating clear mechanisms for continuing items when a City Commission meeting is unable to
meet at its regularly scheduled time and date due to a lack of quorum or other emergency; and
Page 4 of 5
WHEREAS, the SEOPW CRA, typically holds its Board of Commissioner's meetings on the
same date and location as the City; and
WHEREAS, adoption of City Ordinance No. 14087 will ensure that the public is provided with
required notice and will prevent challenges based upon the amount of notice that was provided when
items are rescheduled; and
WHEREAS, the Board of Commissioners finds it to be in the best interests of the citizens and
residents within the SEOPW CRA's Redevelopment Area to adopt the City's Order of Business and
Rules of Procedure, as outlined in Section 2-33(o) of Code of the City of Miami, Florida, as amended
("City Code"), to provide for a more efficient means of rescheduling SEOPW CRA agenda meetings; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the
SEOPW CRA's redevelopment goals and objectives; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The SEOPW CRA shall approve, accept, and adopt the City's Order of Business
and Rules of Procedure, as codified in Section 2-33(o) of the City Code, as the formal Order of Business
and Rules of Procedure process for the SEOPW CRA, to provide for the automatic continuance of Board
meetings when a meeting is cancelled or not held due to lack of quorum or other emergency.
Section 3. Any reference to the City Commission meeting in Section 2-33(o) of the City
Code shall be substituted with the Board of Commissioners of the SEOPW CRA.
Section 4. Any reference to the City Manager in Section 2-33(o) of the City Code shall be
substituted with the Executive Director of the SEOPW CRA.
Section 5. Any reference to City Attorney or City Clerk in Section 2-33(o) of the City Code shall
be substituted to General Counsel or Counsel, or Clerk of the Board, of the SEOPW CRA, respectively.
Section 6. Any reference to City in Section 2-33(o) of the City Code shall be substituted to
SEOPW CRA.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
ounsel 11/14/2024
Page 5 of 5