Miami-Dade Legislative Item
File Number: 022197
   

File Number: 022197 File Type: Ordinance Status: Adopted
Version: 0 Reference: 02-117 Control:
File Name: CITIZENS' INDEPENDENT TRANSPORTATION TRUST Introduced: 7/11/2002
Requester: NONE Cost: Final Action: 7/9/2002
Agenda Date: 7/9/2002 Agenda Item Number: 4BALTERNATE
Notes: THIS IS FINAL VERSION AS ADOPTED. (also see 021979) Title: ORDINANCE CREATING A CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITH CERTAIN POWERS OVER THE USE AND EXPENDITURE OF PROCEEDS OF PROPOSED CHARTER COUNTY TRANSIT SYSTEM SURTAX; PROVIDING TRUST MEMBERSHIP; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CITIZENS INDEPENDENT TRANSPORTATION TRUST
  SURTAX
  TRANSIT
  TRANSPORTATION
Sponsors: Bruno A. Barreiro, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 7/11/2002 Assigned R. A. Cuevas, Jr.

Board of County Commissioners 7/9/2002 4B ALTERNATE Adopted as amended P
REPORT: Upon conclusion of the public hearing, discussion ensued among members of the Board regarding the proposed Citizens' Independent Transportation Trust. Commissioner Barreiro noted the proposed ordinance was being amended to add the Haitian-American Grassroots Coalition to the Trust's Nominating Committee; to substitute the Audubon Society with the Urban Design Preservation League; and to correct UP-PAC's name. Assistant County Attorney Cuevas advised the Nominating Committee would be comprised of 20 members as a result of these changes. Commissioners Seijas and Sosa expressed concerns that their districts were inadequately represented on the Trust's Nominating Committee. Commissioner Seijas suggested additional names be submitted at the July 11, 2002 County Commission meeting for inclusion on the Nominating Committee. She also suggested the State Attorney and Chief Judge of the Eleventh Judicial Circuit be excluded from the Nominating Committee until it was determined whether they wished to serve. Commissioner Sosa suggested the proposed ordinance include a sunset provision concurrent with the timing of the transit projects, and that checks and balances be implemented for the Trust. Following discussion on the powers and duties of the Trust, it was moved by Commissioner Cancio that the language contained in the levy ordinance requiring a two-thirds vote of the County Commission to make changes to the Trust's recommendation, also be included in the foregoing proposed ordinance. This motion was seconded by Commissioner Barreiro, and upon being put to a vote, passed by a vote of 9-4, (Commissioners Ferguson, Seijas, Souto and Chairperson Margolis voted no). Commissioner Seijas requested the language relating to the Nominating Committee be amended to replace the word "must" with "should", that the district commissioner may request more than one additional slate of nominations; and that Community Council members were ineligible for appointment to the Trust. Commissioner Seijas suggested the Nominating Committee submit a slate of more than four candidates to the Mayor; and the term of initial members run concurrent with the appointing commissioner's term. She recommended the Chairpersons of the Community Council be removed from the Nominating Committee. It was moved by Commissioner Carey-Shuler that Numbers 5, 6 and 7 relating to the Nominating Committee be deleted. This motion was seconded by Commissioner Cancio. Commissioner Barreiro accepted Commissioner Seijas' proposed amendments relating to Community Council members, and more than one additional slate of candidates. He concurred with her suggestion that the term of initial members run concurrent with that of the appointing commissioner. Mayor Penelas stated he did not believe the Mayor needed an additional slate, and the Mayor had only one appointment to the Nominating Committee. He expressed concern regarding commissioners having more than one additional slate, and urged the Board not to exclude the Chairpersons of the Community Council, the State Attorney and Chief Judge of the Eleventh Judicial Circuit from the Nominating Committee. Mayor Penelas advised the State Attorney had expressed an interest in serving on the Nominating Committee. In response to Mayor Penelas' recommendation that the Trust be independently staffed, Commissioner Barreiro noted he did not concur with this recommendation. County Attorney Ginsburg noted appropriate language would be included in the ordinance to ensure geographic representation on the Nominating Committee. Following further discussion, the proposed ordinance was amended to add the Haitian-American Grassroots Coalition to the Nominating Committee; to substitute the Urban Environment League for the Audubon Society; to correct UP-PAC's name to reflect Underrepresented People's Positive Action Council; to provide for one additional slate of entirely new nominations; to incorporate the language in the levy ordinance requiring a two-thirds vote of the County Commission to make changes to the Trust's recommendation; to provide that Community Council members would be ineligible for appointment to the Trust; and to provide that the term of initial members run concurrent with the appointing commissioner's term.

Legislative Text


TITLE
ORDINANCE CREATING A CITIZENS' INDEPENDENT TRANSPORTATION TRUST WITH CERTAIN POWERS OVER THE USE AND EXPENDITURE OF PROCEEDS OF PROPOSED CHARTER COUNTY TRANSIT SYSTEM SURTAX; PROVIDING TRUST MEMBERSHIP; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board wishes to create a Citizens' Independent Transportation Trust with certain powers over the use and expenditure of the proceeds of a proposed Charter County Transit System Surtax (the "Surtax") if approved by the electorate of Miami-Dade County, Florida (the "County") at a duly called election pursuant to authority granted by Section 212.055(1), Florida Statutes (2001),
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Code Amendment. The Code of Miami-Dade County, Florida, is hereby amended by adding the following new section:

Sec. _____. Citizens' Independent Transportation Trust created; powers over expenditure and use of proceeds of proposed Charter County Transit System Surtax.

(a) Creation. A Citizens' Independent Transportation Trust ("Trust") is hereby created. The Trust will have fifteen (15) members: one residing in each of Miami-Dade County's thirteen commission districts, one appointed by the Mayor without regard to such appointee's district of residence, and one appointed by the Miami-Dade League of Cities without regard to such appointee's district of residence. Members of the Trust shall be residents of Miami-Dade County who possess outstanding reputations for civic involvement, integrity, responsibility, and business and/or professional ability and experience or interest in the fields of transportation mobility improvements or operations, or land use planning. No person shall be eligible to serve as a member of the Trust who has any interest, direct or indirect, in a contract with the County or in any corporation, partnership or other entity that has a contract with the County, or who is a member of a community council. The Trust and the Nominating Committee, as defined below, will be comprised of members who are representative of the geographic, ethnic, racial and gender make-up of the County.

(b) Initial members. The initial members of the Trust shall be nominated and appointed in the manner set forth in this subsection. The Board of County Commissioners shall appoint a nominating committee (the "Nominating Committee") comprised of twenty (20) members as set for the below who are representative of the geographical, ethnic, racial and gender make-up of the County:

(1) The Executive Director of the Miami-Dade League of Cities or one of the League's officers shall serve as a member of the Nominating Committee;

(2) The Chairperson of the United Way or his or her designee shall serve as a member of the Nominating Committee;

(3) The Chairperson of the Greater Miami Visitors and Convention Bureau or his or her designee shall serve as a member of the Nominating Committee;

(4) The Chairperson of the Citizen's Transportation Advisory Committee or his or her designee shall serve as a member of the Nominating Committee; and

(5) The Chairpersons of the Community Councils shall meet and shall, by majority vote, appoint one member of the Nominating Committee;

(6) The State Attorney;

(7) The Chief Judge of the Eleventh Judicial Circuit;

(8) The Chair of the Ethics Commission or his or her designee;

(9) The President or CEO of the Black Business Association shall appoint one member of the Nominating Committee;

(10) The President or CEO of the Urban Environment League shall appoint one member of the Nominating Committee;

(11) The President or CEO of the local branch of the Urban League shall appoint one member of the Nominating Committee;

(12) The President or CEO of the Alliance for Aging shall appoint one member of the Nominating Committee;

(13) The President or CEO of the Miami-Dade Branch NAACP shall appoint one member of the Nominating Committee;

(14) The President or CEO of the Coalition of Chambers shall appoint one member of the Nominating Committee;

(15) The President or CEO of Florida International University shall appoint one member of the Nominating Committee;

(16) The President or CEO of Miami-Dade Community College shall appoint one member of the Nominating Committee;

(17) The President or CEO of People Acting for the Community Together (P.A.C.T.) shall appoint one member of the Nominating Committee;

(18) The President or CEO of Underrepresented People's Positive Action Council (UP-PAC) shall appoint one member of the Nominating Committee; and

(19) The Executive Director of the local chapter of the League of Women Voters shall appoint one member of the Nominating Committee.

(20) The Executive Director of the Haitian American Grass Roots Coalition shall appoint one member.

The Nominating Committee shall submit a slate of four (4) candidates from each Commission District to the Commissioner of each District for selection. The District Commissioner must select from the slate submitted by the Nominating Committee; however, the District Commissioner may request one additional slate of entirely new nominations. The Board of County Commissioners shall ratify each District Commissioner's selection. The Nominating Committee shall submit a slate of four (4) candidates without regard to district to the Miami-Dade League of Cities for selection. The Miami-Dade League of Cities must select from the slate submitted by the Nominating Committee; however, the League may request one additional slate of entirely new nominations. The Nominating Committee shall also submit a slate of four (4) candidates without regard to district to the Mayor for selection. The Mayor must select from the slate submitted by the Nominating Committee; however, the Mayor may request one additional slate of entirely new nominations.

(c) Term of initial members. The initial members from Districts 1 to 5, inclusive, shall serve two-year terms; the initial members from Districts 6 to 9, inclusive, shall serve three-year terms; and, the initial members from Districts 10 to 13, inclusive, shall serve four-year terms. The selection of the Mayor shall serve an initial term of four years. The selection of the Miami-Dade League of Cities shall serve an initial term of two years. The foregoing notwithstanding, such initial terms shall be subject to automatic expiration as provided in subsection (c) of Sec. 2-11.38.2 of this Code.

(d) Subsequent membership and term. Any vacancy on the Trust that occurs after appointment of the initial membership, as well as appointment of successors to those members whose terms have expired shall be filled directly by appointment of the Commissioner for the district for in which a vacancy occurs, or, in the case of a vacancy in a Miami-Dade League of Cities appointment shall be filled by appointment of the League, or, in the case of a vacancy in a mayoral appointment shall be filled by appointment of the Mayor. Such appointments shall be made from a slate submitted by the Nominating Committee in accordance with subsection (b) pertaining to initial members, and shall have the qualifications for Trust membership set forth in subsection (a) above. The term of any Trust member appointed or re-appointed pursuant to this subsection after the initial terms set forth in (c) above shall be for a term of four years, and in the case of Commissioner appointees shall be subject to automatic expiration as provided in subsection (c) of Sec. 2-11.38.2 of this Code. Members may be re-appointed, however no member shall serve more than the maximum number of years provided in subsection (b) of Sec. 2-11.38.2 of this Code. If an appointment is not made by the District Commissioner (or the League or Mayor where applicable) within 30 days from the date on which the Nominating Committee submits the required slate of candidates, the County Commission may appoint the successor.

(e) Attendance and quorum requirements. Any Trust member shall be automatically removed if, in a given fiscal year: (i) he or she is absent from two (2) consecutive meetings without an acceptable excuse; or, (ii) if he or she is absent from three (3) of the Trust's meetings without an acceptable excuse. A member of the Trust shall be deemed absent from a meeting when he or she is not present at the meeting at least seventy-five (75) percent of the time. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the Trust, by two-thirds (2/3) vote of its membership, deems appropriate. The requirements of this section may be waived by two-thirds (2/3) vote of the members of the full Board of County Commissioners. A quorum of the Trust shall consist of a majority of those persons duly appointed to the Trust, provided that at least one-half (1/2) of the full Trust membership has been appointed.

(f) Powers and duties. The Trust shall have the following duties, functions, powers, responsibilities and jurisdiction with regard to use and expenditure of proceeds of any Charter County Transit System Surtax that is levied by the County under authority of 212.055(1) Fla.Stats.:

(1) To monitor, oversee, review, audit, and investigate implementation of the transportation and transit projects listed in any levy of the surtax, and all other projects funded in whole or in part with surtax proceeds;

(2) To assure compliance with any limitations imposed in the levy on the expenditure of surtax proceeds, including but not limited to:

(a) any limitation that surtax proceeds only be expended for the transportation and transit purposes specified in 212.055(1)(d)1-3 Fla.Stats.(2001);

(b) any limitation that no more than 5% of surtax proceeds be expended on administrative costs, exclusive of project management and oversight for projects funded by the surtax; and

(c) the limitation that the County Commission may not delete or materially change any County project listed on Exhibit 1 attached to the ordinance levying the surtax nor add any project thereto except as provided in this subsection (c). A proposed deletion, material change or addition of such a County project shall be initially reviewed by the Citizens' Independent Transportation Trust ("Trust"), which shall forward a recommendation thereon to the County Commission. The County Commission may either accept or reject the Trust's recommendation. If the County Commission rejects the recommendation, the matter shall be referred back to the Trust for its reconsideration and issuance of a reconsidered recommendation to the County Commission. The County Commission may approve, change or reject the Trust's reconsidered recommendation. A two-thirds vote of the Commission membership shall be required to take action other than as contained in the reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County projects contained in said Exhibit 1 may be changed as a result of the MPO process as mandated by federal and state law.

(d) any requirement with regard to maintenance of effort of general fund support for MDTA.

(3) To assure compliance with federal and state requirements applicable thereto;

(4) To require monthly reports from the Manager, County agencies and instrumentalities regarding the implementation of the projects funded by surtax proceeds (which reports shall be posted on-line, i.e., made publicly accessible on the Internet);

(5) To file a report, including any recommendations, with the Mayor and the County Commission on a quarterly basis regarding the implementation of the projects funded by surtax proceeds; and

(6) To monitor, oversee and periodically report to the County Commission on the level of participation by CSBEs and CBEs in contracts funded in whole or in part with surtax proceeds, and to recommend ways to increase such participation.

(g) Staff support. The County Manager and the County Attorney shall provide to the Trust adequate staff and support services to enable the Trust to carry out its duties and responsibilities.

(h) Trust subject to Florida Open Government law, the Conflict of Interest and Code of Ethics Ordinance and the investigatory powers of the Inspector General. The Trust shall at all times operate under the Florida Open Government Laws, including the "Sunshine" and Public Records laws, and shall be governed by the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of this Code providing, among other things, a proscription on transacting business with the County and on oral communications with bidders or their representatives during the bid process, and a requirement for financial disclosure. The Trust and its actions shall be subject to the investigatory powers of the Inspector General provided in Sec. 2-1076 of this Code. Additionally, Trust members shall not lobby, directly or indirectly, the Mayor, any member of the County Commission or any member of County staff regarding a project funded in whole or in part by surtax proceeds, or regarding any person or business bidding for or under contract for a project funded in whole or in part with surtax proceeds. Trust members shall not have from any interest, direct or indirect, in any contract with the County or in any corporation, partnership or other entity that has a contract with the County.

(i) Removal of Trust members. A finding by the Ethics Commission that a person serving as a member of the Trust has in the course of his or her service willfully violated any provision of Sec. 2-11.1 of this Code (the Conflict of Interest and Code of Ethics Ordinance) shall constitute malfeasance in office and shall effect an automatic forfeiture of such person's position as a member of the Trust.

Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. Ordinance Part of Code. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. Effective Date. The provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Section 5. Amendments. This Ordinance may only be amended or repealed by a two-thirds vote of the Board. Any amendment or repeal of this Ordinance shall further require a minimum of six (6) weeks between first and second reading.
Section 6. Sunset. This ordinance does not contain a sunset provision.



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