CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy Reed-Holguin, Community Development Director

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1 CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: BY: Mayor and City Commission Ambreen Bhatty, City Manager Tammy Reed-Holguin, Community Development Director DATE: June 26, 2012 SUBJECT: First Reading: Amendment to Chapter 2, Article VII, Division 2- Code Enforcement Board, Sections and 2-263; Chapter 78, Article III- Planning and Zoning Board, Sections 78-53, and 78-57; Chapter 78, Article V- Community Sustainability Board, Sections and ; and Chapter 82, Article V- Housing Authority, Sections and APPLICANT: City of North Lauderdale Background: The staff of the Community Development Department serves as liaison to four boards, two of which operate as quasi-judicial boards. In the recent past, there have been concerns related to excessive absences and lack of communication of absences to the staff. These absences have often resulted in the lack of a quorum rendering the boards ineffective and, because they were often not reported in advance, inconvenienced residents and applicants. There is also the desire to open the opportunity to serve as an officer of the board to all board members by allowing members to serve more than one term in office but not more than two consecutive one year terms. Staff has reviewed the Code relating to the Code Enforcement, Planning and Zoning and Community Sustainability Boards and the Housing Authority. It is the recommendation of the Administration that the Code be amended to address the issues cited above. The Code Enforcement Board has specific statutory provisions relating to attendance and removal for unexcused absences, which provides that the absence without prior approval by the chair from two of three successive meetings is cause for removal. The City Attorney has advised that the City may not provide for a different rule on unexcused absences as to the Code Board. For the Planning and Zoning Board, the Community Sustainability Board and the Housing Authority, the proposed ordinance provides that three absences by a member within a twelvemonth period will result in removal from the Board. Absences must be reported a minimum of 24 hours in advance to the staff liaison for the Board as identified in the Code.

2 As for officer positions on any of the boards, it is proposed that members may serve as chairman or vice-chairman for more than one term but the terms may not be more than two consecutive one year terms. In addition, the current ordinance language regarding the appointments of the board members is very vague. Therefore Staff is also proposing to include specific language regarding the appointments as follows: Each member of the governing body shall nominate one member who is a resident of their district for appointment to the Board, subject to the approval by a majority vote of the governing body. If a Commissioner is unable to identify an appointment from his/her district, the Mayor may make a nomination from any other district. For a seven member board, the City Manager and Community Development Director shall also have one nomination each, subject to the approval by a majority vote of the governing body. Mayor-at-large will be making appointments for alternate members on certain boards subject to the approval by a majority vote of the governing body. The proposed ordinance also provides that removal of board members from boards must be done by resolution and the board member has a right to be heard prior to the removal. This ordinance will incorporate those requirements. It is expected that overall these changes will result in more productive meetings. RECOMMENDATION: The City Administration recommends Commission s consideration and approval of the first reading to amend Chapter 2, Article VII, Division 2- Code Enforcement Board, Sections and 2-263; Chapter 78, Article III- Planning and Zoning Board, Sections 78-53, and 78-57; Chapter 78, Article V- Community Sustainability Board, Sections and ; and Chapter 82, Article V- Housing Authority, Sections and of the City Code of Ordinance the City Code of Ordinance to amend language pertaining to the election of officers and removal of members.

3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 2, ARTICLE VII, DIVISION 2- CODE ENFORCEMENT BOARD, SECTIONS AND 2-263; CHAPTER 78, ARTICLE III- PLANNING AND ZONING BOARD, SECTIONS 78-53, AND 78-57; CHAPTER 78, ARTICLE V- COMMUNITY SUSTAINABILITY BOARD, SECTIONS AND ; AND CHAPTER 82, ARTICLE V- HOUSING AUTHORITY, SECTIONS AND OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE TO AMEND LANGUAGE PERTAINING TO THE ELECTION OF OFFICERS AND REMOVAL OF MEMBERS PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Development Department serves as staff liaison to four boards for the City; and WHEREAS, the boards consist of volunteers appointed by the City Commission to serve the residents of the City; and WHEREAS, effective leadership and attendance by the board members is crucial in order to fulfill the responsibilities that have been divested to the boards; and WHEREAS, amendments to the Code to address attendance and term of office will enable the boards to operate more effectively; and WHEREAS, the City Commission of the City of North Lauderdale finds that the adoption of this Ordinance is in the best interest of the citizens and residents within the City of North Lauderdale. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA THAT:

4 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. Chapter 2, Article VII, Division 2- Code Enforcement Board, Sections and of the City of North Lauderdale s Code of Ordinances is hereby amended to read, as follows: Sec Organization of code enforcement board (a) The governing body shall approve by majority vote the appointment of a regular seven-member code enforcement board and legal counsel for the code enforcement board, as required by F.S The governing body shall also approve by majority vote the appointment of two alternate members to the code enforcement board to act as substitutions in the event that a regular member is unable to attend the periodic hearings scheduled in accordance with section and section Regular members and alternate members of the code enforcement board shall be residents of the city. Appointments shall be made in accordance with the city charter, and applicable law and ordinances, on the basis of experience or interest in the subject matter jurisdiction of the code enforcement board. (b) Appointments to the code enforcement board shall be made for terms of three years. (c) Each member of the governing body shall nominate one member who is a resident of their district for appointment to the Code Enforcement Board, subject to the approval by a majority vote of the governing body. Should a Commissioner be unable to identify an appointment from his/her district, the Mayor may make a nomination from any other district. (d) The City Manager and Community Development Director shall also have one nomination each, subject to the approval by a majority vote of the governing body. (e) The two alternate members shall be appointed by the Mayor-at-large from any district within the City.

5 (d) (c ) (f) A member may be reappointed upon approval of the governing body. Appointments to fill any vacancy on the code enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive scheduled meetings without cause and without prior approval of the chairman of the code enforcement board, the code enforcement board shall declare the member's office vacant and, the governing body shall promptly fill such vacancy. The members of the code enforcement board shall serve in accordance with the city charter and this Code and may be suspended and removed for cause as provided in the charter and this Code. (g) The members of the code enforcement board shall elect a chairman and vicechairman, who shall be a voting members, from among its members for a term of one year on October 1st of each year or as soon thereafter as practicable. A member may be re-elected as chairman or vice-chairman to serve no more than two consecutive one-year terms. The presence of four or more members shall constitute a quorum of the seven-member code enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the governing body or as otherwise provided by law. Sec Removal of members. (a) A member shall be removed from the code enforcement board who fails to attend two of three successive meetings of the code enforcement without cause, and without prior approval of the chairman of the code enforcement board. Such permission shall be evidenced by a written memorandum to be delivered to the city clerk for filing in the public records of the city indicating permission for such absence. Board members shall notify the Recording Secretary a minimum of 24 hours in advance of any expected absences. (b) Removal shall be by resolution, specifying the facts that form the basis for the removal, and the member shall be noticed of resolution in advance and provided an opportunity to be heard by the City Commission prior to or at the time the City Commission considers the resolution. * * *

6 Section 3. Chapter 78, Article III- Planning and Zoning Board, Sections 78-53, and of the City of North Lauderdale s Code of Ordinances is hereby amended to read, as follows: Sec Composition: appointment of members. (a) The planning and zoning board shall consist of seven members and two alternate members appointed by the governing body for terms of three years. (b) Each member of the governing body shall nominate one member who is a resident of their district for appointment to the Planning and Zoning Board, subject to the approval by a majority vote of the governing body. Should a Commissioner be unable to identify an appointment from his/her district, the Mayor may make a nomination from any other district. (c) The City Manager and Community Development Director shall also have one nomination each, subject to the approval by a majority vote of the governing body. (d) The two alternate members shall be nominated by the Mayor-at-large from any district within the City. (b)(e) A member may be reappointed upon approval of the governing body. (c)(f) Appointments to fill any vacancy on the planning and zoning board shall be for the remainder of the unexpired term of office. Sec Providing for the removal of members. (a) If any member of the planning and zoning board fails to attend two of three successive scheduled meetings within a twelve-month period, without cause and without prior approval of the chairman, the planning and zoning board shall declare the member's office vacant., and the governing body The City Commission shall promptly fill such vacancy. Board members shall notify the Staff Liaison to the Board a minimum of 24 hours in advance of any expected absences.

7 (b) The governing body may further remove a member of the board for good cause upon a majority vote of the governing body. Good cause shall be defined herein as: (1) Failure to perform and perceive the functions and duties of a member of the planning and zoning board. (2) Any other factor or matter within the legislative discretion of the governing body which may be considered in determining the individual membership of a planning and zoning board member. (c) Removal shall be by resolution, specifying the facts that form the basis for the removal, and the member shall be noticed of resolution in advance and provided an opportunity to be heard by the City Commission prior to or at the time the City Commission considers the resolution. Sec Meetings, dates, procedures, records and quorum. (a) An organizational meeting of the planning and zoning board shall be held on April 1 October 1 st of each year, or as soon thereafter as practicable, for the purpose of electing officers for the ensuing year. A chairman and vice chairman shall be elected for terms of one year by the board from its membership. A member may be reelected as chairman or vice-chairman to serve no more than two consecutive oneyear terms. At least one regular meeting of the board shall be held each month, and special meetings may be called by the chairman or by any five regular members of the board. * * * Section 4. Chapter 78, Article V- Community Sustainability Board, Sections and of the City of North Lauderdale s Code of Ordinances is hereby amended to read, as follows: Sec Removal of members. (a) The governing body may remove a member of the community sustainability board who has been absent from three scheduled successive board meetings within a twelve month period. Board members shall notify the Staff Liaison to the

8 (b) Board a minimum of 24 hours in advance of any expected absences. without the excuse or permission of the board chairman. Such permission shall be evidenced by a written memorandum to be delivered to the city clerk for filing in the public records of the city indicating permission for such absence. The governing body may further remove a member of the board for good cause upon a majority vote of the governing body. Good cause shall be defined as: (1) Three successive unexcused absences from scheduled board meetings within a twelve month period.. (2) Failure to perform and perceive the functions and duties of a member of the community sustainability board. (3) Any other factor or matter within the legislative discretion of the governing body which may be considered in determining the individual membership of a community sustainability board member. (c ) Removal shall be by resolution, specifying the facts that form the basis for the removal, and the member shall be noticed of resolution in advance and provided an opportunity to be heard by the City Commission prior to or at the time the City Commission considers the resolution. Sec Meetings, dates, procedures, records, quorum. (a) An organizational meeting of the community sustainability board shall be held on October 1 of each year or as soon thereafter as practicable, for the purpose of electing officers for the ensuing year. A chairman and vice-chairman shall be elected for terms of one year by the board from its membership. A member may be re-elected as chairman or vice-chairman to serve no more than two consecutive one-year terms. At least one regular meeting of the board shall be held each month and special meetings may be called by the chairman or by any three regular members of the board. Section 5. Chapter 82, Article V- Housing Authority, Sections and of the City of North Lauderdale s Code of Ordinances is hereby amended to read, as follows: Sec Appointments, Qualifications and Tenure of Commissioners; Hiring of Employees (g) The mayor, with the concurrence of the city council commission, shall designate which of the commissioners appointed shall be the first chairman, but when the office of the chairman of the authority thereafter becomes vacant, the authority

9 shall select a chairman from among its members. The authority shall select from among its members a vice chairman.. A member may be re-elected as chairman or vice-chairman to serve no more than two consecutive one-year terms. The authority may employ a secretary, who shall be the executive director, technical experts, and such other officers, agents, and employees, permanent and temporary as it may require and shall determine their qualifications, duties, and compensation. Sec Removal of Commissioners The governing body may further remove a member of the board for good cause upon a majority vote of the governing body. Good cause shall be defined as: (1) Three absences from scheduled board meetings within a twelve month period. (2) Failure to perform and perceive the functions and duties of a member of the community sustainability board. (3) Any other factor or matter within the legislative discretion of the governing body which may be considered in determining the individual membership of a Housing Authority commissioner. Removal shall be by resolution, specifying the facts that form the basis for the removal, and the member shall be noticed of resolution in advance and provided an opportunity to be heard by the City Commission prior to or at the time the City Commission considers the resolution. For inefficiency or neglect of duty or misconduct in office, any commissioner of this authority may be removed by a majority vote of the city council., but a commissioner shall be removed only after he shall have been given a copy of the charges at least ten days prior to the hearing thereon, and shall have an opportunity to be heard in person or by legal counsel. In the event of the removal of any commissioner of this authority, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of the city. Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict.

10 Section 7. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 8. This Ordinance shall become effective immediately upon its passage and adoption.

11 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE FIRST READING, THIS DAY OF, PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, ON THE SECOND AND FINAL READING, THIS DAY OF, APPROVED AS TO FORM: CITY ATTORNEY SAMUEL GOREN MAYOR JACK BRADY ATTEST: VICE MAYOR DAVID HILTON CITY CLERK PATRICIA VANCHERI