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DIVISION 17. - COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD (BID
BOARD) Idol
Sec. 2-1250. - Establishment and purpose
Sec, 2-1251, - Composition: appointment and terms of office of members; filling of vacancies
Sec, 2-1252. - Qualifications of members,
Sec. 2-1253. - Meetings; parliamentary authority, rules and regulations compensation of members
Sec, 2-1254. - Removal of members.
Sec. 2-1255. - Powers and duties,
Sec. 2-1256. - Employees -generally.
Sec. 2-1257. - Annual budget; source of funds.
Sec. 2-1258. - Annual report and audit.
Sec, 2-1259. - Notices and filing of records.
Sec. 2-1260, - Participation in BID programs
Sec. 2-1261. - Inapplicability of sunset provision,
Sec. 2-1262. - Transfer of assets,
Sec. 2-1263. - Counsel.
Secs. 2-1264-2-1270, - Reserved.
The "Coconut Grove Business improvement District Board" of the city ('BID board")
is 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 (the "Code"), and
the assessed area known as the BID more particularly described in Resolution #08-0455
adopted on July 24, 2008 and later confirmed in Resolution #09-0076 adopted on February
12, 2009, 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, 93059, § 2, 3-12-09)
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of
(a)
The BID board shall have 19 voting members and non-voting members as may be
necessary from time to time, at the discretion of the district 2 commissioner,
appointed as follows:
(1)
The commissioner for district 2 shall be a voting member and shall appoint
two other voting members, 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)
Two voting members shall be nominated by the owners of the property
located at CocoWalk, 3015 Grand Avenue, Suite 118, Coconut Grove, FL
33133 d/b/a CocoWalk and submitted to the district 2 commissioner for
appointment and confirmation.
(4)
Two voting members shall be nominated by the owners of the property
located at Mayfair Center, 3390 Mary Street, Suite 260, Coconut Grove, FL
33133 d/b/a Mayfair Center and submitted to the district 2 commissioner for
appointment and confirmation.
(5)
The remaining 11 voting members will be seated through the following
elective process enumerated in subsection (9).
(6)
Four voting members shall be property owners of assessed property within
the boundaries of the BID.
(7)
Two voting members shall be representatives of hotels/lodging
establishments within the boundaries of the BID.
(8)
Five voting members shall be represented by retail and restaurant/bar (with
no less than two representatives from each category) establishments within
the boundaries of the BID.
(9)
The 11 voting members cited in subsections (6) through (8) 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 11 new voting
members.
(10)
The commissioner for district 2 shall 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.
(11)
Nomination of initial members. 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 BID board.
(12)
Initial terms. The initial 19 voting members shall serve terms as follows:
1 Commissioner district 2 ..... 3 years
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12 Commissioner district 2 appointee 1 ..... 2 years
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3 Commissioner district 2 appointee 2 ..... 1 year
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4 MPA Chief executive officer ..... 3 years
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5 CocoWalk representative 1 ..... 2 years
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6 CocoWalk representative 2 ..... 1 year
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11( Property owner 3 ..... 12 years
12 Property owner 4 ..... 1 year
13 j Hotel representative 1 ..... 3 years
14 l Hotel representative 2 ..... 12 years
15 1
Restaurant representative 1 ..... I 1 year
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Restaurant representative 2 .....
3 years
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Restaurant representative 3 .....
2 years
18
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Retail representative 1 .....
1 year
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19
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Retail representative 2 .....
3 years
(b)
(c)
(d)
(e)
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 19 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 (10) 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.
Quorum shall consist of a majority of the then appointed/elected voting members.
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.
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)
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.
(Orta. No_ 13059, §i2, 3-92-09) ;
Sec. 2-1253. - Meetings: parliamentary authority, rules and regulations•
compensationof 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.
(Orel. No. 93059, § 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)
(2)
(3)
For cause as defined in F.S. ch. 112;
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
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, 942-99; OrdNo. 10171, § 2, 543-19)
(a)
•
The BID board shall have the power to:
(1)
(2)
(3)
(4)
(5)
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.
Prepare an annual budget to be presented to the city commission for
approval.
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.
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.
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
(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
(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 Ill. However, the city manager may delegate to
the executive director the authority to execute contracts consistent with the
provisions of chapter 18, article Ill, subject to BID board approval.
(Ord. No 13059, § 2, 3-12-09)
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
(b)
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 its inception, the
interim executive director of the BID board shall be the individual the city commission
approved in Resolution #06-0249 on April 27, 2006, as the interim executive director
of the Coconut Grove business improvement committee, with the salary and benefits
as currently provided. On or before October 1, 2009, the BID board shall take all
action necessary to appoint a permanent executive director to be approved by the
city commission. The executive director shall have no civil service rights or privileges.
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. Na. 13059, § 2, 3-12-00)
Upon the effective date of the enactment of the ordinance from which this division
derives, the BID board shall establish a fiscal year which coincides with that of the
city. Within 60 days following the effective date of the enactment of the ordinance
from which this division derives, the BID board shall submit to the city commission, in
a form acceptable to the city manager, a BID board budget for adoption and
ratification by the city commission. Commencing with fiscal year 2009-2010,
consistent with the city's budget process, the BID board shall submit to the city
manager, a BID board 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
(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.
)
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.
c)
No provision containedin this division shall be construed to violate the Anti -
Deficiency Act, as set forth in sections 18-500-18-503.
(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 08-0455,
adopted July 24, 2008, and later confirmed in Resolution #09-0076, adopted
on -February 12, 2009.
(3)
Parking waiver fees as authorized by- ection 35-224
(4)
A
be construed to prohibit the BID board from submitting a supplemental budget to the
city commission for approval
Parking surcharge fees as authorized by section 35-342
�5)
Sidewalk cafe fees as authorized by section 54-223
(6)
Event supplemental fees as authorized by section 54-343
(7)
Banner fees as authorized by section 54-344
(8)
Grant proceeds.'
(Ord. No. 13059, § 2, 3-92-09)
Sec. 2-1255. - Annual report and audit
(a)
(b)
The BID board shall submit to the mayor and city commission an annual report and j
an annual au_dit.-'T_he..a_udit-sh_aiLb-e_perfoniad_b)t—an-extern_aLa-udifor-who-jsa__
certified public accountant.
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. 93059, § 2, 3.12-09)
The provisions set forth in section 2-888 shall apply to the BID board.
(Ord. No. 93059, § 2, 3-92-09)
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. 93059, § 2, 342-09)
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The BID board shall not be subject to the provisions of section 2-892.
(Ord. No. 93059, § 2, 3-92-09)
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, 3-92-09)
The office of the city attorney shall provide legal services to the BID board as may be
necessary and requested by the BID board.