Miami-Dade Legislative Item
File Number: 093306
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File Number: 093306 File Type: Ordinance Status: Deferred in Committee
Version: 0 Reference: Control: Government Operations Committee
File Name: APPOINTMENT OF ALL COUNCIL POSITIONS RATHER THAN ELECTION Introduced: 12/18/2009
Requester: NONE Cost: Final Action:
Agenda Date: 1/21/2010 Agenda Item Number: 7B
Notes: ITEM FILE IN BCC 1-21-10 FOLDER MTG. Title: ORDINANCE RELATING TO COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS; AMENDING CHAPTER 20 ARTICLE IV AND CHAPTER 33 ARTICLE XXXVI OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); MODIFYING THE NUMBER OF COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS TO NO MORE THAN FOUR; MODIFYING BOUNDARIES OF COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS TO CONFORM TO BOUNDARIES OF COUNTY COMMISSION DISTRICTS; MODIFYING COMMUNITY COUNCIL RESPONSIBILITIES; PERMITTING ELECTED AND APPOINTED MEMBERS CURRENTLY IN OFFICE TO REMAIN IN OFFICE UNTIL RESIGNATION, REMOVAL OR EXPIRATION OF TERM; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 092506]
Indexes: COMMUNITY COUNCILS
Sponsors: Jose "Pepe" Diaz, 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

Government Operations Committee 3/9/2010 2A Deferred P
REPORT: During consideration of changes, the foregoing proposed ordinance was deferred to no date certain pursuant to Commissioner Diaz' request. In response to Commissioner Seijas’ comment that the foregoing proposed ordinance was being deferred for the third time, Assistant County Attorney Daniel Frastai clarified that the original deferral was from the County Commission and this was the second consecutive deferral from Committee.

County Attorney 2/10/2010 Referred Government Operations Committee 3/9/2010

Government Operations Committee 2/9/2010 2A Deferred to next committee meeting P
REPORT: Commissioner Diaz requested the foregoing proposed ordinance be deferred to the next Committee meeting.

County Attorney 1/21/2010 Referred Government Operations Committee 2/9/2010

County Attorney 1/21/2010 Assigned

Board of County Commissioners 1/21/2010 7B Deferred 2/9/2010 P
REPORT: Vice Chairman Diaz requested that the foregoing proposed ordinance be deferred back to the Government Operation Committee, and heard at its meeting scheduled for February 9, 2010. Hearing no further questions or comments, the Board proceeded to vote on the motion to defer the foregoing proposed ordinance to the Government Operation Committee meeting of February 9, 2010. The Board deferred the foregoing proposed resolution back to the Government Operation Committee, to be heard at its meeting scheduled for February 9, 2010, as requested by Commissioner Diaz.

County Attorney 12/18/2009 Assigned Craig H. Coller

Government Operations Committee 11/9/2009 3D Amended Forwarded to BCC without recommendation with committee amendments P
REPORT: Assistant County Attorney Daniel Frastai read the foregoing proposed ordinance into the record. Assistant County Attorney Craig Coller read the following amendment to Section 33-308, typed page 16,(handwritten page 19), second line of this proposed ordinance: “No action shall be taken on any matter before the Community Zoning Appeals Boards unless a quorum of a majority of board members then in office but not less than five (5).” He noted the language “provided however” to the end of the sentence would be deleted. Mr. Coller said the purpose of this amendment was to accommodate the definition of a quorum. Chairman Gimenez opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance, and the following persons appeared: Mr. Carlos Manrique noted a cost-savings was associated with this proposed ordinance. He asked to reserve his right to speak later as he was interested in hearing the other speakers’ comments. Mr. Alan Rigerman, 17910 NW 84 Avenue, Palm Springs North, said he was neither for or against this proposed ordinance; however, if the number of Community Councils was reduced to four, he would ask the Committee to consider that Community Council 5 was responsive and always had a quorum. Mr. Rigerman noted he would seek a Council position if members were appointed rather than elected. Ms. Carla Ascencio-Savola, 7410 SW 82 Court, spoke in opposition to Council members being appointed rather than elected. She noted her support for six Community Councils rather than ten and suggested the Council Chairs meet with Commissioner Diaz to further discuss this proposed ordinance. Ms. Jo Pettis, 18900 West Lake Drive, Country Club of Miami, North Point, spoke in opposition to this proposed ordinance. Ms. Barbara Hagen, 7336 Bay Hill Drive, Country Club of Miami, North Point, spoke in opposition to this proposed ordinance. She noted the County eliminated the non-zoning Community Council meetings and Team Metro, and was now proposing eliminating the Community Councils. Ms. Hagen emphasized the importance of restoring non-zoning meetings and noted Commissioner Seijas was the only Commissioner who had addressed the residents’ issues. Ms. Hagen asked that Council 5 remain intact. Commissioner Seijas explained that the County Commission did not eliminate the non-zoning meetings; this proposal was in the Mayor’s budget. Mr. Joe Valdes, 6645 SW 94th Court, Councilman, Community Council 12, addressed the financial aspect of this proposed ordinance and whether it represented a cost-savings. He expressed concern that this ordinance was removing officials who were elected to make government accessible to the people. Mr. Valdes recommended consolidating the Community Councils for a more efficient process, and eliminating their $100 annual stipend. He suggested the Committee table this proposed ordinance; identify opportunities to create a more efficient process; and revisit this proposal once the information was compiled. Ms. Peggy Brodeur, Councilwoman, Community Council 12, noted Council members examined each property they decided upon; learned the Miami-Dade County Code and Master Plan; and became familiar with the neighborhood to make informed land use decisions. She pointed out these important components could not be easily replicated and suggested the Committee table this proposal and conduct a more comprehensive study. Mr. George Garciga, 12155 SW 94 Avenue, noted he felt this proposed ordinance would be a failure to the community. He suggested the Committee examine the budget issues involved and noted he believed it was premature to reduce the Community Councils to four as proposed. Mr. Elliott Zack, 8370 SW 89 Street, Chairman, Community Council 12, noted this proposed ordinance severely restricted citizen access to government as Council meetings were held in the evenings to facilitate public participation. He pointed out that zoning issues were best addressed at the local level. Mr. Richard Friedman, 6328 NW 175 Terrace, said he felt redistricting of Community Councils was long overdue; however, with regard to non-zoning issues, residents in unincorporated areas still needed a local forum to discuss concerns. He noted it would be advantageous to further discuss these issues and then bring back this proposed ordinance at a later time. Ms. Carol Feiler, 5303 NW 202 Terrace, Community Council 5, spoke in opposition to this proposed ordinance. She said Community Councils should remain as elected positions; and zoning and non-zoning meetings should continue. Ms. Feiler noted Unincorporated Municipal Service Area (UMSA) tax dollars needed to remain in UMSA. Ms. Marcia Finkel, 9395 SW 89 Street, resident, Community Council 12, spoke in opposition to this proposed ordinance. She provided a history of the area and explained how the Council assisted residents to obtain a park. Ms. Finkel asked that the Community Councils remain in their current form. Ms. Myrna Wheatman, 9455 SW 92 Street, President, Cherry Grove Home Owners Association, Community Council 12, asked that the Council not be changed. She noted each Council was accessible to area residents; Council members lived in and were familiar with the area; and small zoning issues were quickly resolved. Ms. Wheatman said a reduction to four Community Councils/Community Zoning Appeals Boards would be burdensome to those boards and would no longer be effective. Mr. Barry White, 10001 SW 129 Terrace, spoke in opposition to this proposed ordinance. He noted if some Community Councils had low attendance, efforts should be made to enhance community involvement. Mr. White said this ordinance would not promote better government. Mr. Carlos Manrique asked to hear Commissioner Diaz’ comments. He noted it was his understanding that Commissioner Diaz was requested by the County Commission to review all councils, not just Community Councils. After hearing no other persons to come before the Committee, Chairman Gimenez closed the public hearing. Commissioner Diaz noted the cost savings achieved from the consolidation of advisory boards thus far was about $4.6 million. With regard to this proposed ordinance he noted, as presented, it would reduce the number of Community Zoning Appeals Boards (CZAB) from 10 to four; that he was recommending that CZABs 5,10, 11, and 12 remain intact because they had performed well. The other six boards had not performed as expected due to excessive turnover; and many of these boards were unable to meet the quorum requirements, which was confirmed in a study conducted by the Inspector General’s Office. He noted the anticipated cost savings resulting from this proposed ordinance was outlined in the County Manager memorandum entitled Ordinance amending the Code to provide for appointment of Community Council positions. Commissioner Sosa noted, for the record, that her name was spelled incorrectly in the Planning and Zoning Web page pertaining to CZABs. She commended Commissioner Diaz for identifying savings and ways that CZABs could function more efficiently. Commissioner Sosa spoke in support of consolidating the number of Community Councils and modifying the boundaries; however, she could not support the proposal to eliminate elected representatives. She asked that this proposal be bifurcated for the purpose of voting separately on the provision providing for appointment of certain positions. Commissioner Martinez noted he did not support appointing CZABs and did not believe Countywide issues should be heard by the CZABs. He noted that CZAB members should remain elected; however, he did not feel that four positions were sufficient. Commissioner Martinez said he would like the Councils to continue representing the neighborhoods and would prefer the process remain as is. He noted some areas may need to be modified due to incorporation; however, he felt reducing the number of Councils from ten to four was too excessive. Commissioner Seijas stated that she initially voted for Community Councils, and Community Council Area 5, had worked well. She noted that she took exception to the comments made by some of the speakers who advocated to maintain CZABs in their respective districts, but were clearly unconcerned about the elimination of boards in other districts. Commissioner Seijas said she believed CZABs should be consolidated and the members should be elected, with one appointed position. She pointed out that information was available in each District Office as well as in the Resource Center in District 12. Commissioner Seijas said she felt the Councils that were performing effectively should remain. Concerning comments made by Councilwoman Brodeur that she and members of the CZAB inspected each property before making a decision on Zoning Applications, Commissioner Seijas explained that it was not necessary for CZAB members to inspect the properties as this was not a charge of the CZABs. Chairman Gimenez commended Commissioner Diaz for spearheading this issue. He noted that he could not support the non-election of Council members; and although he could not support the reduction of Community Councils from ten to four, he could support a reduction to six. He suggested that Commissioner Diaz meet with the Council Chairs again and return to the Committee next month with a modified version of this proposed ordinance. Commissioner Diaz explained the rationale for reducing the number of Councils and noted he was not opposed to some elected members. It was moved by Commissioner Diaz that today’s Committee meeting be extended. This motion was seconded by Commissioner Sosa, and upon being put to a vote, passed by a vote of 5-0, (Commissioner Edmonson was absent). Commissioner Diaz suggested the majority of Council members be elected and one or two members be appointed. He noted that he would meet with the Council Chairs as suggested by Chairman Gimenez; however, it would have to be a Sunshine meeting for each Council member to be present. Commissioner Diaz said the County needed to proceed on this issue as the County Commission might be looking at major layoffs next year. Commissioner Seijas suggested this proposed ordinance be forwarded to the County Commission without a recommendation to the Commission meeting scheduled for January 21, 2010, keeping in mind the Committee’s requests that Council members be elected and the number of Community Councils be between four and six. In response to Commissioner Diaz’ inquiry whether he could receive memorandums from his colleagues or whether he would have to meet with them individually in a Sunshine meeting, Assistant County Attorney Coller said he would like to check with the County Attorney before responding. Chairman Gimenez noted he believed Commissioners had submitted position papers in the past provided it was filed with the Clerk of the Board (Clerk). Commissioner Diaz asked Committee members to provide him with memorandums with their suggestions. Commissioner Martinez noted expanding an area would not provide adequate representation for people in the area who did not vote for those Council members. He noted if this proposed ordinance was forwarded to the County Commission without a recommendation, he would submit written communication to the Clerk. Assistant County Attorney Geri Bonzon-Keenan noted in the past, commissioners had submitted position papers consisting of one statement; however, since Commissioner Diaz was requesting input on legislation, she suggested this discussion occur at a Sunshine meeting. In response to Chairman Gimenez’ inquiry whether this proposed ordinance could be forwarded to the County Commission without a recommendation and in the interim, discussed at the January 12, 2010 Committee meeting, Assistant County Attorney Bonzon-Keenan advised that the Committee could forward this ordinance to the County Commission without a recommendation by an unanimous vote. Chairman Gimenez noted he would prepare a memorandum requesting that Chairman Moss allow this proposed ordinance to be placed on the January 21, 2010 County Commission Agenda; and in the interim, the Committee could discuss this ordinance or ask Chairman Moss to allow the discussion to occur at the Commission meeting. Commissioner Martinez stated that representative(s) from Community Council 11 was not present at today’s meeting and he questioned whether a Sunshine violation would occur between the Council representative(s) and commissioners as it related to Council members submitting recommendations. In response to Commissioner Martinez’ inquiry, Assistant County Attorney Bonzon-Keenan advised that it should not be a Sunshine violation for an individual member of one board to hold a discussion with an individual commissioner; however, it would be a violation if it involved more than two members. Commissioner Martinez suggested the CZAB Chairs hold a Sunshine meeting to discuss recommendations to this proposed ordinance and forward their recommendations to him. Commissioner Diaz said he did not mind meeting with the Council Chairs, and asked that they develop and forward proposals to the Committee members. Assistant County Attorney Bonzon-Keenan asked whether the Committee would prefer to forward this proposed ordinance to the County Commission without a recommendation with the technical amendments, to which Chairman Gimenez and the Committee members concurred. Commissioner Diaz concurred with Chairman Gimenez’ suggestion that this proposal would not include references that Council members would not be elected. He noted Council members would be elected rather than appointed. Assistant County Attorney Coller noted he would modify this proposed ordinance to provide that all Council members would be elected. It was moved by Commissioner Diaz that this proposed ordinance be forwarded to the January 21, 2009 County Commission meeting without a recommendation and with the committee amendment(s) to incorporate the following language into Section 33-308, typed page 16 (handwritten page 19), second line: “No action shall be taken on any matter before the Community Zoning Appeals Boards unless a quorum of a majority of board members then in office but not less than five (5);” to delete the following language from same section and page, line 5: “provided however that any approval or denial of any application or portion thereof pursuant to Chapter 33 shall require not less than three (3) votes;” to provide that all Council members shall be elected;” and that this item would be placed on the January 12, 2010 Committee agenda as a discussion item. This motion was seconded by Commissioner Seijas, and upon being put to a vote, passed by a vote of 4-0, (Commissioners Edmonson and Sosa were absent).

Legislative Text


TITLE
ORDINANCE RELATING TO COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS; AMENDING CHAPTER 20 ARTICLE IV AND CHAPTER 33 ARTICLE XXXVI OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”); MODIFYING THE NUMBER OF COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS TO NO MORE THAN FOUR; MODIFYING BOUNDARIES OF COMMUNITY COUNCILS/COMMUNITY ZONING APPEALS BOARDS TO CONFORM TO BOUNDARIES OF COUNTY COMMISSION DISTRICTS; MODIFYING COMMUNITY COUNCIL RESPONSIBILITIES; PERMITTING ELECTED AND APPOINTED MEMBERS CURRENTLY IN OFFICE TO REMAIN IN OFFICE UNTIL RESIGNATION, REMOVAL OR EXPIRATION OF TERM; 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. Sections 20-40, 20-41, 20-42, 20-43, 20-43.1, 20-43.2 and 20-44 of the Code of Miami-Dade County, Florida, are hereby amended to read as follows:
Sec. 20-40. Community Councils; creation and purposes.

There are hereby established and created Community Councils to serve the unincorporated Miami-Dade County. [[Community Councils are established for the following purposes:]]

[[(1) Providing the residents of unincorporated Miami-Dade County with increased governmental accountability, and responsiveness in decision-making processes for the delivery of municipal-type services;

(2) Improving the effectiveness of services by making them more responsive to community desires and needs;

(3) Retaining efficiencies of services by maintaining economies of scale;

(4) Maintaining the ability to match unincorporated area needs with available resources; and

(5) Fostering a sense of community identity, inclusiveness and empowerment.]]

Sec. 20-41. Community Councils; responsibilities.

(A) Community Councils shall perform the duties and responsibilities of Community Zoning Appeals Boards as set forth in Section 33-306 of the Code of Miami-Dade County.

(B) Community Councils may, at their option[[, perform the following duties and responsibilities:]]

[[(1) Planning.

[[(a) Compile profiles of their respective community’s social, physical and economic conditions to assist them in performing their duties;

(b) Prepare an annual statement of community needs including development patterns and regulations, public facilities and services to assist the Council;

(c) M]]>>m<>.<<

[[(d) Make recommendations to the County Commission on the location and siting of specific public facility and infrastructure projects.

(2) Protection of persons and property programming.

(a) Recommend policies to coordinate the Fire Rescue District and Police Department in the enhancement of public safety and protection of property in the council area through improved communications and service needs assessments.

(3) Budgeting.

(a) Make recommendations to the County Manager and County Commission on priorities for community facilities and services and on community based organization grants for the council area; and

(b) Make recommendations to the County Manager and County Commission on revenue needs including unincorporated area property taxes millages and special taxing districts.

(4) Communication.

(a) Conduct forums on council area issues to facilitate the exchange of information between residents, property owners, businesses, institutions and County Officials and Administrators;

(b) Disseminate information about council area related organizations, programs and activities; and

(c) Coordinate with Miami-Dade County’s Team Metro in the exercise of that agency’s responsibilities within the council area.]]

(C) No member of a Community Council shall appear at any public hearings or meetings before the Board of County Commissioners or any other federal, state, or local board or tribunal, to advocate concerning any zoning application that was heard by, or that could reasonably be expected to be heard by, any Community Council.

Sec. 20-42. Community Councils; configuration.
(A) There shall be no more than [[(10)]]>>(4)<< Community Councils each of which shall have jurisdiction within its boundary within the unincorporated area. [[Council areas should be large enough to reasonably accommodate local zoning issues without unduly increasing staffing requirements. The boundaries of Community Councils’ jurisdiction, to the extent feasible, shall coincide with those of groupings of Census Designated Places/]]
(B) Each Community Council area shall contain no more than six (6) subareas. The boundaries of these subareas, to the extent feasible, shall coincide with those of existing election precincts. Enclave areas that are fully surrounded by municipal boundaries and are not large enough to be subareas shall be part of the nearest subarea.
(C) The boundaries and numerical designations of the Community Councils [[and of the subareas within them]] are [[depicted and]] described in Attachment I attached hereto and incorporated herein by reference [which can be found in the County Clerk’s office]. >>The Board of County Commissioners shall provide by resolution the initial boundaries of the subareas for each Community Council.<< [[These]] >>The<< boundaries >>of the Community Councils and subareas<< may be amended from time to time by resolution of the County Commission after public hearing>>, but the Community Council boundaries shall conform to the boundaries of the districts of the Board of County Commissioners<<. The names of the Community Councils shall be designated by the respective Community Council.
(D) Notwithstanding anything in this Code to the contrary, when, as a result of municipal incorporation or annexation>>, or consolidation of Community Council areas,<< a Community Council does not have enough members in office to act, the Board of County Commission may by resolution after public hearing, reassign the remaining areas of the affected Community Council to a different Community Council and modify the total number of Councils accordingly.
Sec. 20-43. Community Councils; membership.
Except as provided in subsection (E), >>each<< Community Council[[s]] shall have [[seven (7)]] >>nine (9)<< members, [[six (6)]]>>______<< of whom shall be elected at large within the council area and [[one (1)]]>>________<< of whom shall be appointed by the Board of County Commissioners as follows:
(A) Elected Council Members.
* * *
(2) The term of office of Community Council members shall be for four (4) years. It is provided, however, >>in the initial election of Community Council Members pursuant to the revised Community Council boundaries as set forth in this ordinance, those members representing even-numbered subareas shall serve a two-year term and those members representing odd-numbered subareas shall serve a four-year term so as to create staggered terms. Thereafter all Council Members shall serve four-year terms.<< [[that w]]>>W< (3) All elections for Community Council Members shall be non-partisan. [[The initial general election for Council Members shall be held at the time of the 1996 General Election. Subsequent]] [[e]]>>E<* * *
(B) Appointed Council Members.
(1) The County Commissioners shall appoint [[one (1)]]>>________<< member>>s<< to each Community Council following each election of Council Members>>in the manner provided herein<<. Each appointed Community Council Member shall have been for at least six months prior to appointment a resident elector of the Council area, and, for at least three (3) years, a resident elector of Miami-Dade County.] No appointed Council Member shall be employed by Miami-Dade County or be a member of the County Commission. [[These members shall be appointed by the County Commissioner(s) whose district(s) include the boundaries of all or part of the Community Council area.]] Appointments shall be confirmed by a majority of the Board of County Commissioners.
(2) The term of each appointed Council Member shall be four (4) years; provided, however, the term of each member expires when the Commissioner who appointed that member leaves office. Each member shall hold office until a successor has been duly appointed, qualified and confirmed. [[Vacant Council Member positions shall be filled for the unexpired term in the same manner as other appointed Council Members.]]
>>(3) Each County Commissioner whose Commission district comes within the boundaries of a Community Council area shall nominate an equal number of Community Council members to the Community Council, subject to approval by the Board of County Commissioners. In the event an additional vacant position remains on the Community Council after all County Commissioners for the area have submitted their nominations to the Board of County Commissioners, the County Commissioner who has the responsibility for the remaining nomination shall be determined by lot. It is provided, however, where there is an insufficient number of appointed positions on a Community Council to afford to the County Commissioners an equal number of nominees, responsibility for nominations shall be determined by lot. In the event a position becomes vacant it shall be filled by the County Commissioner who initially nominated the vacating member, subject to approval of the Board of County Commissioners. In the event any Council Member no longer resides within the boundaries of a Community Council area, that person shall be deemed to have tendered his or her resignation, but may remain in the position until such time as the position has been filled.<<
(C) [[Organizational meeting.]]>>Elections of Chair and Vice-Chair.<< [[The first organizational meeting of each Community Council shall take place on the 30th day, or as soon thereafter as is practical, after the date of the general election. In the event of a tie vote for one (1) or more Council seats in the general election such Community Council shall meet on the 30th day, or as soon thereafter as is practical, after the date of the run-off election. At the organizational meeting, or as soon thereafter as is practical, e]]>>E<(D) Reimbursements of expenses. All Council Members shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties, upon approval of the County Commission.
(E) Reassignment of Community Council Members. When, as a result of >>municipal<< incorporation>>,<< or annexation>> or as a result of consolidation of Community Council areas<<, [[subareas]] >>Community Council areas<< or portions thereof are reassigned to a different Community>> Council area or are consolidated into a new Community Council area<<, elected or appointed Council Members who continue to reside in the unincorporated area, whether at-large or subarea representatives representing the reassigned areas,]shall serve as additional members to the reassigned Community Council. The reassigned Council Members shall serve until [[the next first state primary election]]>>resignation, removal, or expiration of each member’s term<<.
(F) Community Councils shall have the following nonvoting members when acting as Community Zoning Appeals Boards:
(1) A representative appointed by the School Board of Miami-Dade County, who may attend those meetings at which a Board considers a zoning action that would, if approved, increase residential density on the property that is the subject of the application.
(2) A representative appointed by the commanding officer of the Homestead Air Reserve Base, who may attend those meetings at which a Board considers a zoning action that, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation.
Sec. 20-43.1. Community Councils; recall.
Any elected member of a Community Council [[or any member appointed by the Community Council pursuant to Section 20-43(A)(7)]] may be removed from office by the electors of the Council area. The procedure for removal by electors shall be as follows:
* * *
Sec. 20-43.2. Community Councils; removal.
Any elected [[or appointed]] member of a Community Council may be removed from office for cause by resolution of the Board of County Commissioners. The following events shall be deemed sufficient cause for removal: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or indictment for crime. >>Any appointed member may be removed without cause.<< Any vacancy created by removal [[in]]>>of<< a Community Council >>Member<< shall be filled for the remaining term by appointment in the manner prescribed for filling vacant positions.
Sec. 20-44. Community Councils; organization; new member orientation; annual orientation workshop.
(A) The County Manager shall assign existing County staff positions to provide support for the Community councils, to the fullest extent feasible. Such staff may include: a Community Council Administrator, an Administrative Assistant, clerical staff and others as the County Manager deems needed. [[Team Metro shall develop strong linkages to each Community Council.]]
(B) The County Manager shall coordinate the activities and schedules of Community Councils with other County activities to ensure maximum effectiveness and efficiency. The County Manager may limit the total staff time available to each Community Council.
(C) Within parameters recommended by the County Manager and approved by the County Commission, Community Councils shall be empowered to establish their own procedures for conducting their business[[ and to select from the activities described in Section 20-41(B) those in which it wishes to engage]]. It is provided however that zoning procedures shall be adopted pursuant to Sections 33-308 of the Code. It is further provided that no [[zoning or non zoning]] meeting of a Community Council or Community Zoning Appeals Board shall extend beyond 11:00 p.m.
(D) Prior to serving on a Community Council, a Community Council member appointed or elected to a Council after the effective date of this ordinance shall attend a New Member Orientation Seminar conducted by the Department of Planning and Zoning, the Commission on Ethics, [[Team Metro]] and the County Attorney’s Office. The seminar shall include[[, but shall not be limited to,]] review of the Comprehensive Development Master Plan and issues related thereto, review of zoning regulations, [[incorporation and annexation issues, workforce and affordable housing issues]] and applicable laws, rules and regulations pertaining to duties and responsibilities of Community Council members.
(E) All Community Council members shall attend an Annual Community Council Workshop organized and conducted by the Department of Planning and Zoning, the Commission on Ethics[[, Team Metro]] and the County Attorney’s Office. The Workshop shall include[[, but shall not be limited to,]] review of the Comprehensive Development Master Plan and issues related thereto, review of zoning regulations, [[incorporation and annexation issues, workforce and affordable housing issues]] and applicable laws, rules and regulations pertaining to duties and responsibilities of Community Council members.
(F) Notwithstanding Section 20-43.2, failure of any [[elected or appointed]] member of a Community Council to attend an annual Community Council Workshop shall be deemed sufficient cause for removal.
Section 2. Sec. 33-306 of the Code of Miami-Dade County, Florida, is amended to read as follows:
Sec. 33-306. Community Zoning Appeals Boards—Establishment.
(a) There are hereby established multiple Community Zoning Appeals Boards whose boundaries shall coincide with the boundaries of Community Councils established pursuant to the Code of Miami-Dade County. The Community Councils shall serve as Community Zoning Appeals Boards and shall have jurisdiction over zoning applications as provided in this chapter. Each member shall be a qualified elector of Miami-Dade County, with an outstanding reputation for civic interest, community welfare, integrity and responsibility; provided, no member shall be employed by Miami-Dade County, or be a member of the County Commission. The [[seven (7)]] >>nine (9)<< members of each Community Zoning Appeals Board shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties, upon approval of the County Commission.
* * *
Section 3. Sec. 33-307 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-307. Community Zoning Appeals Boards--Term of office.
The term of office of the members of each of the Community Zoning Appeals Boards shall be the terms established as members of Community Councils. [[In the event a vacancy should occur on a Community Zoning Appeals Board the appropriate Community Zoning Appeals Board may fill the vacancy for the remaining board member’s term by appointment pursuant to Section 20-43(A)(7) of the Code.]]
Section 4. Section 33-308 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-308. Community Zoning Appeals Board--Organization.
The Director shall serve as secretary for the Community Zoning Appeals Boards, shall be in attendance at all meetings as an advisor and be permitted to propound questions and give evidence; provided, the Director shall have authority to designate a staff member of the Department to act in the Director’s stead. Meetings of the Community Zoning Appeals Boards shall be held, where practical, in the area of each Community Zoning Appeals Board’s jurisdiction at a time and place determined by the Director. Each Community Zoning Appeals Board shall elect a Chair and a Vice-Chair from its members, each of whom shall serve until a successor is elected. Rules and regulations for the Community Zoning Appeals Boards shall be adopted by the County Manager and approved by the County Commission. The Chair, or Vice-Chair, or Acting Chair, may administer oaths and compel the
attendance of witnesses in the same manner prescribed in the Circuit Court. No action shall be taken on any matter before the Community Zoning Appeals Boards unless a quorum of [[four (4)]] >>a majority of board members then in office but not less than five (5)<< members is present, and only upon not less than a majority vote of all members present and voting [[provided however that any approval or denial of any application or portion thereof pursuant to Chapter 33 shall require not less than three (3) votes]]. When there is an insufficient number of votes to either approve or deny an application, the result shall be deemed a tie vote.
* * *
Section 5. Section 33-311 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-311. Community Zoning Appeals Board--Authority and duties.
(A) Except as otherwise provided by this chapter, the Community Zoning Appeals Boards and Board of County Commissioners shall have the authority and duty to consider and act upon applications, as hereinafter set forth, after first considering the written recommendations thereon of the Director or Developmental Impact Committee. Provided, however, no such action shall be taken until notice of time and place of the hearing at which the Community Zoning Appeals Boards will consider the application has been first published as provided in Section 33-310. The Community Zoning Appeals Boards are advised that the purpose of zoning and regulations is to provide a comprehensive plan and design to lessen the congestion in the highways; to secure safety from fire, panic and other dangers, to promote health, safety, morals, convenience and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, with the view of giving reasonable consideration among other things to the character of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and property and
encouraging the most appropriate use of land and water throughout the County. The Community Zoning Appeals Board and Board of County Commissioners or any of their members may inspect the premises and area under consideration. The Community Zoning Appeals Boards shall have authority over the following zoning applications except where the Board of County Commissioners has direct jurisdiction.
* * *
[[(9) Hear and make recommendations to the Board of County Commissioners on applications for developments of regional impact and related requests, including requests for modifications thereof and substantial deviation determinations pursuant to Section 380.06(19), Fla. Stat., as amended, as provided by Section 33-314 except an application for modification or elimination of a condition or restrictive covenant that is not a substantial deviation, where such application does not contain a request for any other action under this chapter requiring a public hearing apart from modifying the DRI development order.]]
* * *
Section 6. Section 33 313 of the Code of Miami-Dade County, Florida are hereby amended as follows:
Sec. 33-313. Appeals to Board of County Commissioners.

Any appealable decision of the Community Zoning Appeals Board may be appealed by an applicant, governing body of any municipality, if affected, or any aggrieved party, including neighborhood, community and civic associations, whose name appears in the record of the appropriate Community Zoning Appeals Board by filing with the Department a petition in a form prescribed by the Director and a written statement specifying in brief, concise language the grounds and reasons for reversal of the ruling made by the Community Zoning Appeals Board, together with a fee for the processing of the appeal, as provided by Administrative Order No. 4-40, as amended from time to time, within the fourteen (14) days provided by Section 33-312 hereof, whereupon, the Director shall transmit to the County Commission the appeal papers, and the decision and record of the Community Zoning Appeals Board. If the ground for reversal is a failure to provide notice as required by Section 33-310, the name of the appellant need not appear in the record. If the decision of the Community Zoning Appeals Board is for approval and has not been appealed within the fourteen-day period, the County Manager pursuant to Section 33-314(B)(8) or the Director may appeal such decision within four (4) additional days in the manner aforestated, except that a fee will not be required. Upon the taking of an appeal, the County Commission shall conduct a de novo hearing and shall consider why the decision of the Community Zoning Appeals Board should or should not be sustained or modified. By resolution, the Board shall either affirm, modify or reverse the Community Zoning Appeals Board’s decision and such action of the County Commission shall be by a majority vote of all members present except that a two-thirds ( 2/3) vote of all members present shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action[[ or to approve any Development of Regional Impact or modifications thereof, substantial deviation determination or related request pursuant to Section 33-314 where a Community Zoning Appeals Board’s recommendation is for denial]]. No appeal shall be heard or considered until notice has been provided in accordance with the provisions of Section 33-310(c), (d), (e) and (f). With respect to appeals arising from the Downtown Kendall Urban Center District a two-thirds ( 2/3) vote of all members present shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action for a development proposed within the Center or Edge Sub-Districts of the Downtown Kendall Urban Center District. For any application for a development proposed within the Core Sub-District of the Downtown Kendall Urban Center District pursuant to Section 33-311 shall be decided by a majority vote of all members then in office.

Section 7. Section 33 314 of the Code of Miami-Dade County, Florida are hereby amended as follows:
Sec. 33-314. Direct applications and appeals to the County Commission.

(A) The County Commission shall have jurisdiction to directly hear the following applications:


(1) Applications for development approval of Developments of Regional Impact (“DRI”), modification thereof or substantial deviation determination or modification thereof, including applications for modifications to restrictive covenants related thereto[[, after hearing and recommendation by the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the entire Development of Regional Impact]]. Where an application substantial deviation determination or for development approval of a DRI, modification thereof or substantial deviation determination also contains a request for any other action under this chapter requiring a public hearing or where there is pending on any property an application of or development approval for a DRI and an application for any other action under this chapter requiring a public hearing (related requests), except applications for essentially built out determinations, all such applications shall be heard in their entirety by the Board of County Commissioners[[ after hearing and recommendation of the Community Zoning Appeals Board or Boards having jurisdiction over the area encompassed by the application or applications]]. Where an application requests a modification or elimination of a condition or restrictive covenant not constituting a substantial deviation, and where such application does not contain a request for any other action under this chapter requiring a public hearing apart from modifying the DRI development order, then such application shall be heard directly by the Board of County Commissioners after recommendation of the Developmental Impact Committee. Where practicable, all such items shall be acted upon at the same public hearing. Hearings pursuant to this subsection shall be noticed in the same manner as applications filed before the Community Zoning Appeals Boards. The procedural requirements of Section 33-311(F) and
33-311(G) shall apply to hearings held pursuant to this section.

* * *

(3) When as a result of municipal incorporation or annexation, a Community Zoning Appeals Board (CZAB) does not have enough members in office to hear and decide zoning applications, the Board of County Commissioners shall hear and decide all zoning applications in the remaining jurisdiction of the CZAB. Zoning actions advertised for hearing before the Board of County Commissioners shall be heard and decided by the board, and neither the subsequent appointment or election of additional CZAB members, nor the reconfiguration of the affected CZAB, shall divest the board of jurisdiction to hear such advertised applications. If prior to the mailing of the final notice of hearing pursuant to Section 33-310, new members of the affected CZAB have been appointed or elected], or the affected CZAB has been reconfigured, such that the CZAB has enough members to act, applications within the CZAB’s jurisdiction shall be heard and decided by that CZAB upon notice pursuant to Section 33-310.

Section 8. 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 9. 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 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 10. 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.

OTHER
Date:

To: Honorable Chairman Dennis C. Moss and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: County Manager’s Report Regarding the Ordinance Creating the Miami-Dade County Youth Commission

This ordinance was amended at the Health, Public Safety and Intergovernmental Committee meeting of December 10, 2009. The amendment refers to item #3 in the report and changes the recommendation for staffing of the Miami-Dade County Youth Commission to the Juvenile Services Department (JSD) with no fiscal impact to the County.

In accordance with Section 2-11.37 of the Miami-Dade County Code, the following information is provided regarding the proposed creation of the Miami-Dade County Youth Commission (the “Youth Commission”).

1. Whether the establishment of the board will create sufficient betterment to the community to justify the Board of County Commissioner’s delegation of a portion of its authority.

The Youth Commission is designed to serve as an advisory board to the Board of County Commissioners (BCC) on issues affecting youth and the teen population with special emphasis on the program operated by Miami-Dade County. Comprised of high school students in the 10th, 11th, and 12th grades, the intent of the Miami-Dade County Youth Commission is to provide an opportunity to recognize and promote the value of the youth in Miami-Dade County. Youth participating in the Commission will be afforded exposure to the mechanisms of County government, and have the opportunity to learn about government while participating in governmental processes. The BCC will appoint twenty-six (26) youth between the ages of fifteen (15) and eighteen (18) from the Miami-Dade Public School System. While the Youth Commission is not proposed to have any delegated authority, it serves to better inform the Mayor and BCC on matters affecting youth and teens, improve overall relationships among youth and adults and foster increased collaboration among youth organizations for the overall benefit of the community and its residents.

2. Whether another board or agency, either public or private, which is already in existence, could serve the same purpose.

Currently there is no other Board or agency that specifically serves the same purpose as the Youth Commission. While there are County departments that serve youth, such as the Juvenile Services Department, Community Action Agency, Parks and Recreation and Department of Human Services, the services provided are targeted to particular populations or groups. The duties and responsibilities of the Youth Commission are unique and global in nature:

• Foster increased youth involvement in the affairs of County government;
• Study problems and hold forums on issues, activities and concerns of youth in the County;
• Comment upon existing or proposed legislation, ordinances, resolutions and policies that impact the youth in Miami-Dade County;
• Present methods to resolve youth–related conflicts between youth and between youth and adults;
• Recommend the implementation of community programs to improve the lives of youth;
• Monitor programs and policies that affect youth to ensure that they are achieving the intended results;
• Work with other youth organizations in the County to collaborate on shared issues and interests;
• Submit to the Mayor and Board of County Commissioners an annual report of the activities of the Commission in the month of May prior to the end of the regular school year;
• Serve as the Violence Intervention Program representative for their respective school, as permitted by the Miami-Dade County Public School System;
• Facilitate an annual Youth Summit in conjunction with the Juvenile Services Department and the South Florida Workforce Investment Board’s (SFWIB) Youth Council;
• The Chairman of the Youth Commission shall serve as an appointed member of the South Florida Workforce Investment Board’s Youth Council;
• Work with the South Florida Workforce Board on employment and training opportunities for Miami-Dade County youth; and
• Utilize social networking sites and or technology to engage and inform the youth of their community of important County activities.

3. The costs, both direct and indirect, of establishing and maintaining the Board.

The ordinance relating to the Miami-Dade Youth Commission is not projected to have a fiscal impact on Miami-Dade County. It is recommended that the Juvenile Services Department staff the Youth Commission with support from the South Florida Workforce Investment Board.

Chatham County Youth Commission in Savannah, Georgia serves as the model for the Miami-Dade County Youth Commission. Chatham County’s Youth Commission has 38 members that work with a staff of eight, five of which have positions within Chatham County. There is a Youth Commission Director, who is also the Chatham County Employee Services and Training Manager, three Youth Commission Advisors, a Public Relations Director and three graduate advisors.

4. Whether the board is necessary to enable the County to obtain State or federal grants or other financing.

Creation of the Youth Commission is not necessary to obtain State or federal grants or other financing.

5. Whether the board should have bonding authority.

The Youth Commission will not have bonding authority.

6. Whether the board should have final authority to enter into contracts and spend County funds, or whether its contracts and expenditures must be ratified by the Board of County Commissioners.

The Ordinance does not grant authority to the Youth Commission to enter into contracts and spend County funds.

7. Whether the creation of a new board is the best method of achieving the desired benefit.

Establishing the Miami-Dade Youth Commission will ensure that the youth of this community have a voice to address policies and laws which impact youth.


_____________________________
Special Assistant for Social Services




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