HomeMy WebLinkAboutOrdinance 2023-604ORDINANCE 2023 - 60
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING SECTION 74-8, TITLED "STANDING COMMITTEES;
CHAIRPERSONS" OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES
BEACH AND CREATING A NEW SECTION 74-8, TITLED "ADVISORY BOARDS AND
COMMITTEES" THEREBY ESTABLISING REGULATIONS AND PROCEDURES
GOVERNING APPOINTIVE ADVISORY BOARDS AND COMMITTEES AND
PROVIDING FOR UNIFORM ADVISORY BOARD AND COMMITTEE MEMBERSHIP
REQUIREMENTS AND PROCEDURES; REPEALING SECTION 74-9, TITLED "CITY
BOARDS AND AGENCIES"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, it is the intent of the City Commission of the City of Sunny Isles Beach,
Florida, to enact by ordinance, a comprehensive policy that applies to all advisory boards and
committees in the City, the effect of which will be to create uniform policies and procedures
for their operation;
WHEREAS, in contrast, Section C-2.2 of the City's Charter, titled "Mayor and Vice Mayor"
governs the creation and appointments of all "standing committees" which provides that the
Mayor may create as many standing and special committees as deemed necessary, and shall
appoint the Commissioners of all standing committees, as well as the chairperson and vice
chairperson of each committee; and
WHEREAS, as reflected in the aforementioned City Charter provision, a "standing
committee" is comprised solely of City Commissioners, which is distinct from traditional
advisory boards and committees, which are comprised of individuals appointed by the Mayor
and Commission; and
WHEREAS, to ensure clarification and clear delineation between the two types of
committees, enacting a new Section 74-8 of the Code is required to establish and clarify that
said section and the procedures and requirements set forth therein apply to advisory boards
and committees, and not standing committees, as the term is utilized in the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:'
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Repeal of Section 74-8. Section 74-8 entitled "Standing Committees;
Chairpersons" of the Code of Ordinances of the City of Sunny Isles Beach, Florida, is hereby
repealed as follows:
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, deletions on first reading are shown as s*FikthFeugh and deletions on second reading are shown
as
(Final) Repeal and Create Sec. 74-8 - Boards and Committees (003) Page 1 of 9
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Section 3. Amending Article IV and Creating Section 74-8. The title of Article IV is amended,
and Section 74-8, entitled, Advisory Boards and Committees, of the Code of Ordinances of the
City of Sunny Isles Beach, Florida, is created to provide as follows:
ARTICLE I — Governing Rules
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ARTICLE IV —Advisory Boards and Committees
74-8. Advisory boards and committees; Chairpersons.
A. There may be such advisory boards and committees of the City Commission as the Mayor or
City Commission deem necessary to conduct the business of the City appropriately and in
accordance with the City Charter. Such advisory boards and committees shall be governed
by the requirements and procedures of this section and shall be subject to the Florida
Sunshine and Public Records Law. This section is applicable to all advisory boards and
committees established by the City Commission and is not applicable to standing or special
committees created pursuant to Section C-2.2 of the Citv Charter.
B. Role and Authority of Advisory Board and Committee Members. The primary role of the
advisory boards or committees are to assist the City Commission in formulating policy. The
advisory boards or committees shall not become involved in the administration or operation
of City departments. Additionally, advisory board or committee members shall not direct
administrative staff, including but not limited to, for purposes of initiating programs,
conducting major studies, or establishing official policy. However, City staff members are
available to provide general staff assistance and information to advisory boards and
committees.
C. Definitions. The following words, terms, and phrases, when used in this section, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory board means a board established by the City Commission and City ordinance
with the responsibility for providing research, advice, and recommendations to the City
Commission on a particular subject matter or issue.
Advisory Committee means a group of persons established by the City Commission to
meet and perform a specific service or function for a limited duration of time with the
responsibility of providing research, advice, and recommendations.
Appointee means a person appointed by the City Commission to serve on an advisory
board, or advisory committee as provided herein.
Excused absences mean absences for reasons such as illness, family emergencies,
military obligation, court imposed legal obligations, participation in city activities or
other reasons deemed appropriate by the Chairperson, or in the Chairperson's absence,
the Vice -chairperson of the applicable advisory board or committee.
Relative means any father, mother, son, daughter, husband, wife, brother, sister,
father-in-law, mother-in-law, son-in-law, or daughter-in-law.
Resident means a natural person maintains a bona fide residence within the City for not
less than six (6) months in each calendar year.
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D. General requirements for advisory boards and committees. This section is applicable to
advisory boards and committees established by the City Commission.
(1) The City Commission may at any time create an advisory board, by ordinance, or
an advisory committee, by resolution, to act in an advisory capacity to the City
Commission or any department of the City government with respect to the
conduct and management of any property or facility or in connection with any
public functions of the City. The ordinance or resolution creating such advisory
board or advisory committee shall specify the powers and duties of such advisory
board or committee, and the qualifications of its members. The City Commission
may at any time, by ordinance, abolish any existing advisory board and may
transfer the duties of same to any other board, committee, employee, or
department. The City Commission may at any time, by resolution, abolish any
existing advisory committee and may transfer the duties of same to any board,
committee, employee, or department.
(2) Rules and regulations supplemental to this section of any advisory boards or
committees, to be effective, must be approved by resolution of the City
Commission, and a copy of such rules and regulations must be attached to the
resolution approving same and must be available for public inspection at any time.
E. Rules governing advisory board and committee appointments. All appointments to
advisory boards and committees shall be subiect to the following requirements except
where inconsistent with City Charter, general or special law, or the enabling enactments
of such advisory board or committee:
u Application. All applicants being considered for appointment to an advisory board
or committee shall be required to complete the Board or Committee Application
form and return it to the Office of the City Clerk, City of Sunny Isles Beach, 18070
Collins Avenue, Sunny Isles Beach, Florida, 33160. The City Clerk shall review all
applications for completeness and qualifying requirements prior to submitting
them to the City Commission for consideration.
(2) Members; basic qualifications. The City Commission may at any time, by
resolution, appoint members to any advisory board or committee upon the
nomination by the Mayor or a City Commissioner, either individually or by
consensus. In addition to the specific requirements for membership on an
advisory board or committee, all appointees to and members of advisory boards
and committees are subiect to the following minimum qualifications:
(a) shall be residents of the City, as defined herein, or for members of the
Youth Advisory Counsel, at least one parent shall be a resident, provided however
that non-residents who own property in the City, own a business within the City,
or serve as an officer, director or manager of a business located within the City
may also qualify for appointment provided they possess qualifications or
experience uniauelv suited to deal with the subiect matter over which the board
or committee has subject matter review;
(Final) Repeal and Create Sec. 74-8 - Boards and Committees (003) Page 4 of 9
b) shall not be Citv emplovees or ON contractors or vendors:
ISO shall not be a relative of on# another member of ;an the advisory board or
committee upon which they are serving;
(€d) shall not serve on more than one advisory board or committee
simultaneously;
(fe) shall possess sufficient knowledge, experience, judgment, or background
necessary to competently serve on the advisory board or committee to
which they have been appointed;
u Composition. Each advisory board and committee shall consist of seven members,
except as may be provided for by the City Commission or elsewhere within the
Code of Ordinances of the City. Neither the Mayor nor any Commissioner shall
serve as board or committee members.
(4) Appointment of members; chairperson. The Mayor
and the Vice Mayor shall appoint two (2)
members each, and the remaining City Commissioners shall appoint one (1)
member each for each advisory board or committee. The Chairperson and Vice
Chairperson shall be selected by a majority vote of the members of the board or
committee. The duties of the Chairaerson shall be to preside at all board and
committee meetings. The Vice -Chairperson shall perform the duties of the
Chairperson in the Chairperson's absence. The City Commission may remove the
Chairperson or Vice -Chairperson from their position at any time by majority vote
of the City Commission. The City Commission may retain the board or committee
member on the board or committee or vote to have them removed from the
board or committee completely.
(5) Terms of appointment. Each member of an advisory board or committee shall
serve a one-year term commencing on January 1 and ending on December 31 of
each year, unless provided otherwise in the enabling enactments of such advisory
board or committee.
(6) Vacancies. In the event of a vacancy, the appointing Commissioner shall select
another appointee, provided said appointment is approved by majority vote of
the City Commission. Vacancies on advisory boards and committees shall be filled
for the balance of any unexpired term. The appointment to complete the balance
of an unexpired term shall not constitute a term of appointment for the purposes
of calculating the limitation on the number of consecutive terms. The City Clerk
shall notify the City Commission, in writing, of upcoming vacancies on any boards
and committees. The City Clerk shall also post such vacancies on the City's web
page and at City Hall.
Limitation on number of consecutive terms. No person appointed by the City
Commission to serve on an advisory board or committee may serve more than six
(6) consecutive one-year terms.
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(8) Removal of advisory board and committee members. Any advisory board or
committee member may be removed, at any time, by a majority of the members
of the City Commission. In addition, any advisory board or committee member
shall be removed, or disqualified from serving upon, an advisory board or
committee for any of the following:
(a) failing to attend three @@o*@eu46e meetings, without an excused absence,
as defined herein.
(b) violation of the Ethics Code of the City or Miami -Dade County or the State
of Florida Code of Ethics.
(c) violation of the Sunshine Law.
(d) filing of qualification documents as a candidate for any public elective
office.
(e) providing false information in the application process.
f failing to abide by applicable rules of decorum.
(9) Quorums. A quorum for all advisory board and committee meetings shall consist
of the majority of the advisory board or committees' total membership. The
decision of a majority of the advisory board or committee members present and
voting at a meeting at which a quorum is present shall be the decision of
the advisory board or committee. No actions may be taken without a quorum.
10 Voting. All advisory board and committee members shall be required to vote on
any matter presented for a vote, unless there is a conflict of interest, as defined
by Florida law of the Miami -Dade County Code of Ethics, that prevents the
advisory board or committee member from voting.
11 Minutes/records. All advisory boards and committees must ensure that minutes
are taken and are approved by the advisory board or committee on a regular
basis. The minutes must provide the vote of each member on each motion or, if
absent, failing to vote, all of which shall be filed with the City Clerk promptly.
The City Clerk shall prepare a standard form to be used by all advisory
boards and committees to report their members' attendance at their meetings.
12 Meeting Schedule. Every advisory board or committee may meet monthly, if
required, unless otherwise directed by the City Manager or designee; however,
additional special meetings may be held with the approval of the City Commission
or the City Manager. The meetings of any advisory boards or committees may
not conflict with any City Commission meetings, special meetings or workshops
that are posted. However, the City Commission may schedule a town hall
meeting, special meeting, or workshop on the same date and time as an advisory
board or committee meeting that has already been scheduled. All advisory
boards and committees shall provide the City Clerk written notice of their
meetings at least seven days prior to such meetings, except in the case of
emergency meetings.
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13 Agendas. The agenda for all meetings of advisory boards and committees shall
be prepared by the Chairperson or in the absence of the Chairperson, the Vice -
Chairperson, in consultation with the office of the City Clerk. Additional agenda
items may be proposed at any time by any member of an advisory board or
committee either during a meeting or by request to the City Clerk's office. The
City Clerk's office will notify the Chairperson of the request to add an agenda
item and the item will be added with the approval of the Chairperson. Items
proposed after the agenda is distributed may only be heard under "new
business" and upon an affirmative vote of the maiority of the advisory board or
committee members present at the meeting. At the discretion of the
Chairperson, public comment on items added to the agenda may be allowed at
the end of the meeting. All agenda materials including back-up material and
minutes shall be provided to the City Clerk's office no later than three business
days prior to a regularly scheduled advisory board or committee meeting.
14 Open meetings. All meetings by two or more members of an advisory board and
committee shall be open to the public and conducted in accordance with the
requirements of the Sunshine Law, as set forth in Florida statutes. The City Clerk
and _City Attorney must be advised in advance of any meeting so that proper
notice may be provided.
15 Fundraising; bank accounts. No advisory board or committee may engage in
fundraising activities or establish bank accounts without the express authority
and subiect to conditions as imposed by the City Commission.
F. City Commissioner liaisons to advisory boards and committees. At the time, and under the
same resolution, when board or committee appointments are voted upon, the City
Commission may appoint any of its members to act as a liaison for said advisory board or
committee, for the purposes of providing information, participating and facilitating
discussion of agenda items, and offering the City Commission information and feedback
on advisory board and committee discussions and recommendations to the City
Commission. While the liaising Commissioner may participate in discussions, the liaising
Commissioner may not vote on advisory board or committee agenda items. Any
Commissioner's participation in an advisory board or committee meeting in the foregoing
manner shall not preclude the Commissioner from participating in discussions of, and/or
taking action on, advisory board or committee proposed items during any duly -called City
Commission meeting, provided that no other conflict exists. All notices advertising
advisory board and committee meetings published in accordance with the State of
Florida's Sunshine Law shall include further notice that two or more City Commissioners
may be present and participating in the noticed meeting, so that such City Commissioner
participation may be duly permitted under the State of Florida's Sunshine Law, as may be
amended from time to time.
Section 5. Current Terms. The current term of all advisory board and committee members
whom have been appointed prior to the adoption of Section 74-8 shall continue uninterrupted
until the expiration of said term.
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Section 6. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed to the extent of such conflict.
Section 7. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity, but shall remain in full force and effect.
Section 8. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 9. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED AND ADOPTED on first reading thisay of April 2023.
7
PASSED AND ADOPTED on second readi this ay of May 2023.
t1 � fi erx ;
First Reading
g
Motion:&Wy11S! 1VA11 ';
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
di -a- - fW, -
alerie Vicente, City Attorney
Second Reading
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Second: ��"' !� (
Second:
Vote on First Reading:
Mayor Svechin (Yes) (No)
Vice Mayor Joseph Yes) (No)
Commissioner Lama --;7 (Yes) (No)
Commissioner Stuyvesant 7- (Yes) (No)
Commissioner Viscarra � (Yes) (No)
(Final) Repeal and Create Sec. 74-8 - Boards and Committees (003) Page 8 of 9
Vote on Second Reading:
Mayor Svechin
Vice Mayor Joseph
Commissioner Lama
Commissioner Stuyvesant
Commissioner Viscarra
(Yes) (No)
L (Yes) (No)
1 (Yes) (No)
(Yes) (No)
(Yes) (No)
(Final) Repeal and Create Sec. 74-8 - Boards and Committees (003) Page 9 of 9
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Valerie Vicente, City Attorney
DATE: May 18, 2023
RE: Amendment to Section 74-8 of the City's Code of Ordinances Relating tc
Standing Committees
RECOMMENDATION:
Adopt the Ordinance.
REASONS:
Section 74-8 of the City's Code of Ordinances provides that there may be such "standing committees"
of the City Commission as the Mayor or City Commission deems necessary to conduct the business o
the city, and further provides the manner in which the members of said standing committees shall be
selected.
Although the aforementioned section is entitled and references "standing committees," historically, it
has operated as the method for creating, and providing the procedures governing, the city's appointed
advisory boards and committees. In contrast, Section C-2.2 of the City's Charter, entitled "Mayor anc
Vice Mayor," governs the creation and appointments of all "standing committees" which provides that
the Mayor may create as many standing and special committees as deemed necessary, and shall
appoint the Commissioners of all standing committees, as well as the chairperson and vice chairperson
of each committee. As reflected in the City's Charter, a "standing committee" is comprised solely of
City Commissioners, which is distinct from traditional advisory boards and committees, which are
comprised of individuals appointed by the Mayor and Commission.
In order to ensure the appropriate differentiation between the creation and regulation of standing
committees, versus advisory board and committees, and to set forth additional criteria and guidelines
for the creating and regulation of advisory boards and committees, as requested by the City
Commission, Section 74-8 of the Code is being repealed and replaced in its entirety with a more
Item Number: 9.A
comprehensive and detailed Section 74-8.
ATTACHMENTS:
Ordinance
Item Number: 9.A