Legislative Matter

Miami-Dade Legislative Item
File Number: 082614

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Clerk's Official Copy

File Number: 082614

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-117

Control: Board of County Commissioners

File Name: AMEND XCIX RE: SOCIAL & ECONOMIC DEVELOPMENT COUNCIL

Introduced: 9/11/2008

Requester: NONE

Cost:

Final Action: 10/7/2008

Agenda Date: 10/7/2008

Agenda Item Number: 7H

Notes:

Title:

ORDINANCE AMENDING ARTICLE XCIX OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE SOCIAL AND ECONOMIC DEVELOPMENT COUNCIL, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NOS. 082109 AND 082444]

Indexes:	ECONOMIC DEVELOPMENT
	SOCIAL AND ECONOMIC DEVELOPMENT COUNCIL

Sponsors:	Sen. Javier D. Souto, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Jose "Pepe" Diaz, Co-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

Board of County Commissioners	10/7/2008	7H	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Commissioner Sosa expressed concern regarding the provision in this proposed ordinance that would allow the members of the Social and Economic Development Council to appoint new members to the Council, as opposed to the County Commission appointing new members. Commissioner Souto noted the Social and Economic Development Council (SEDC) requested he present this proposed ordinance on its behalf. He emphasized the SEDC functioned as the County Commission’s economic advisors. Commissioner Souto asked the County Manager to provide an oral report regarding the economic conditions of the County at every future County Commission meeting. Chairman Barreiro pointed out the Commission would ratify the appointments made to the SEDC by the SEDC. Commissioner Seijas noted she supported this proposal because of the prestige and integrity of Mr. Antonio Jorge, who sat on the SEDC. Commissioner Diaz and Chairman Barreiro asked that they be listed as co-sponsors. Hearing no other questions or comments, the Commission proceeded to vote.

County Attorney	9/11/2008		Assigned	Shannon D. Summerset

Economic Development and Human Services Committee	9/10/2008	1G3 SUBSTITUTE AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing. There being no one wishing to speak before the Committee, Chairwoman Edmonson closed the public hearing. The Committee proceeded to vote on this proposed ordinance. Commissioner Moss suggested the Social and Economic Development Council (SEDC) provide more feedback to this Committee. Commissioner Sorenson expressed concern with the lack of a succession plan, in the event Dr. Antonio Jorge could not serve as the Chairperson of the SEDC. Commissioner Souto supported Commissioner Sorenson’s comment regarding a succession plan in the event a SEDC member could not serve. Commissioner Sorenson asked Assistant County Attorney Johnson-Stacks if she could, in consultation with Commissioner Souto, provide the appropriate language to provide criteria for a succession plan. In addition, she asked that the proposed language be presented to the full County Commission for consideration. Ms. Cynthia Curry, Senior Advisor to the County Manager, noted Commissioner Moss’ request regarding the SEDC appearing before this Committee. She pointed out Dr. Robert Cruz, Economic Policy Coordinator, Office of Strategic Business Management, was a former SEDC member and currently served as a County staff liaison to the SEDC. Ms. Curry stated Dr. Cruz presented a report to this Committee and continued to provide economic forecast summaries to the County Commission. Responding to Commissioner Jordan’s question whether any other County advisory boards determined their own membership, Assistant County Attorney Johnson-Stacks asked Commissioner Jordan to allow the County Attorney’s Office to research this issue to provide a response. Commissioner Jordan expressed concern that some County Commission members may not accept the SEDC members selected by the Council without prior consideration by the County Commission. She spoke in support of the County Commission ratifying SEDC members selected by SEDC. Commissioner Jordan offered an amendment to the foregoing proposed ordinance to require that the SEDC submit their membership to the County Commission for ratification. Responding to comments made regarding a reporting mechanism, Assistant County Attorney Johnson-Stacks noted currently no specific time was established for the SEDC to report to this Committee, even though the Code provided for the SEDC to report to this Committee. Commissioner Souto offered an amendment to the foregoing proposed ordinance to require that the Social and Economic Development Council submit bi-annual reports to the Economic Development and Human Services Committee. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance as amended to require that the SEDC submit their membership to the County Commission for ratification and to require that the Social and Economic Development Council submit bi-annual reports to the Economic Development and Human Services Committee.

Legislative Text

TITLE
ORDINANCE AMENDING ARTICLE XCIX OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO THE SOCIAL AND ECONOMIC DEVELOPMENT COUNCIL, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-1442 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:1

Sec. 2-1442. [[Initial]] Membership

>>(a)<
* * * *

>>(b) Commencing on November 1, 2008 the Council shall consist of twenty-two (22) voting members. The Council, by a majority vote of its membership shall, subject to ratification by the Board of County Commissioners, appoint its own members.<<

Section 2. Section 2-1443 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:

Sec. 2-1443. Organization.

>>(a)<< Dr. Antonio Jorge shall serve as the Chairperson of the Council[[ and Dr. Albert Smith shall serve as the Vice Chairperson]]. Five (5) members of the Council shall constitute a quorum. The Council shall adopt a schedule of regular meetings. Special meetings of the Council may be called by the Chairperson or upon the written request of five (5) members. All meetings of the Council shall be public and written minutes shall be maintained.

>>(b) Ex-officio members.� The Council may, from time to time, subject to ratification by the Board of County Commissioners, appoint ex-officio, non-voting members to the Council. The ex-officio members shall not count towards a quorum. The Council may remove any ex-officio member, with or without cause. The Council may appoint whatever number of ex-officio members the Council deems necessary. There shall be no attendance requirement for ex-officio members.<<

* * * *

Section 3. Section 2-1444 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:

Sec. 2-1444. Duties and Functions.

The Council shall be charged with the following duties, functions and responsibilities and will report >>biannually<< to the Economic Development and Housing Committee:

* * * *

Section 4. 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 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or re-lettered to accomplish such intention, and the word �ordinance� may be changed to �section,� �article,� or other appropriate word.
Section 6. 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.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.