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HomeMy WebLinkAboutO-2026-017 Advisory Board Tenure and Attendance 1 ORDINANCE #2026-017 ORDINANCE NO. 2026-017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO ADVISORY BOARD ATTENDANCE, ALTERNATE BOARD MEMBERS AND ELIGIBILITY BY AMENDING THE FOLLOWING SECTIONS OF THE CITY CODE: (1) SECTION 811-130, ENTITLED “PUBLIC ART ADVISORY BOARD; (2) SECTIONS 2-120, ENTITLED (MARINE ADVISORY BOARD) “MEMBERS' COMPENSATION; TERM”, AND SECTION 2-121, ENTITLED (MARINE ADVISORY BOARD) “RULES OF PROCEDURE”; (3) SECTION 720-10, ENTITLED (PLANNING & ZONING BOARD) “CREATED; APPOINTMENT”; AND (4) ADVISORY BOARD RESOLUTIONS RELATING TO THE FOLLOWING BOARDS: PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD; GREEN ADVISORY BOARD; EDUCATION ADVISORY BOARD; AND CHARTER REVIEW BOARD, IN ORDER TO MODIFY THE QUALIFICATIONS AND ATTENDANCE OF ADVISORY BOARD MEMBERS, AND TO PROVIDE FOR ADVISORY BOARD ALTERNATE MEMBERS WHEN NOT PREVIOUSLY PROVIDED; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter was amended in 2024 to require that advisory board members be a resident of the City at least 12 months prior to appointment; and WHEREAS, the various advisory board ordinances are being amended to reflect the charter change; and WHEREAS, the City has various rules for advisory boards as it relates to “excused” and “unexcused” absences, meanwhile the boards are having difficulty meeting quorum; and WHEREAS, the City is seeking to make attendance rules uniform by requiring that all boards have the same policy, which is to only allow two absences (regardless of whether they are excused or not) per year; and WHEREAS, the City seeks to amend all ordinances relating to existing boards and all resolutions relating to advisory boards to provide for a 12 month residency requirement before appointment (consistent with the charter) and providing for solely two (2) absences per year, per advisory board member; and WHEREAS, the City wants to ensure that each advisory board provides for alternate board members to ensure that there is quorum in the case of absences. 2 ORDINANCE #2026-017 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That Chapter 28 entitled the “Land Development Code”, at Article 811, entitled “”Public Art Program: at Section 811-130 entitled “Public Art Advisory Board”, is amended as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * ARTICLE 811 - PUBLIC ART PROGRAM * * * Sec. 811-130. Public Art Advisory Board. There shall be created a Public Art Advisory Board whose membership, meetings, duties, and other responsibilities are as described below: (A) Membership. All advisory board members that are required to be City residents shall be City residents for at least 12 months prior to appointment. The Board shall be composed of the following members: (i) Four (4) board members must be knowledgeable in one of the identified fields of: fine art, be employed by any art dealer, art gallery, artists' representative, museum or other entity which derives income from the sale or display of artwork, be a professional in the field of art, architecture, art history, architectural history, urban planning, landscape architecture, interior design, graphic or product design, urban planners, or possess a minimum of a bachelor's degree in said field from an accredited university, or be involved in an art program within the community. Dania Beach residents and Broward County residents will be eligible to serve on the advisory board. (ii) Three (3) city residents with a strong interest and knowledge of the visual arts; whom shall have been a resident of the City of Dania Beach for a minimum of 12 months six (6) months prior to any such appointment. For the first appointment to the Board, the two (2) members may be selected from the formerly active Creative Arts Council Advisory Board. (iii) (iii) That the City Commission shall appoint one (1) City Commissioner to sit as a liaison to the Board. Such appointed City Commissioner liaison shall serve a term consistent with the duration of their election term and without compensation at the pleasure of the City Commission of the City of Dania Beach. (iv) The City Commission shall vote on the selection of each member. The required quorum shall consist of four (4) members. 3 ORDINANCE #2026-017 (v) There shall be two alternate board members, one appointed from subsection (i) and the second appointed from subsection (ii) by the City Commission. Alternate Board members are to attend all meetings and all attendance requirements shall apply equally to the alternate board members. (vi) (v)Each member shall be appointed by the City Commission, based upon the criteria and approved by a majority of the entire City Commission. The positions appointed to the Art Board, and their term provisions, and additional terms: * * * (B) Meetings. If any member fails to attend three (3) meetings (regardless of whether the board member is excused or not) annually shall automatically be removed from the board, and the City Commission shall promptly fill that vacancy. Board meets a minimum of four (4) times per year but may meet more frequently as needed. An absence by any board member from any three (3) meetings (whether excused or not) shall constitute an automatic resignation of such member. Failure to have quorum to hold a meeting shall be considered an absence for those board members that cause the failure of quorum. Section 3. That Chapter 2, entitled “Administration”, Article VI, entitled “marine Advisory Board”, at sections 2-120- 2-121, is amended as follows: CHAPTER 2 ADMINISTRATION * * * ARTICLE VI. MARINE ADVISORY BOARD * * * Sec. 2-120. - Members' compensation; term. The members of the marine advisory board shall serve without compensation, and each member shall serve for a term consistent with the duration of the term of the appointing commissioner. The board shall consist of five (5) members appointed by the city commission, and two alternates. Each commissioner shall appoint one (1) member who has been a resident of the city for at least 12 months six (6) months. It is recommended that the appointees be engaged in a marine related business or have prior marine related business experience. 4 ORDINANCE #2026-017 Sec. 2-121. Rules of procedure. It is recommended that the marine advisory board shall be governed by the following rules of procedure: (1) The board shall select its own chairperson and secretary, unless the chairperson is designated by the city commission. (2) It is suggested that the board meet not less than once a month, and more frequently if business requires. Notice of the meetings shall be given by the chairperson or his/her representative. (3) All advisory board members shall be City residents for at least 12 months prior to appointment. If any member fails to attend three (3) meetings annually (regardless of whether the absence is excused or not) shall automatically be removed from the board, and the City Commission shall promptly fill that vacancy. Unexcused aAn absence by any board member from any three (3) consecutive meetings or any three (3) consecutive absences shall constitute an automatic resignation of such member. Failure to have quorum to hold a meeting shall be considered an unexcused absence by those advisory board member(s) that cause the failure of quorum. Alternate Board members are to attend all meetings and all attendance requirements shall apply equally to the alternate board members. (4) Three (3) members of the board shall constitute a quorum at any meeting of the board, but no action shall be binding when taken by the board except at a meeting as provided in this section, and recorded in the minutes of the meeting. (5) A record of the board's proceedings shall be made and kept by the secretary and shall be open to inspection at all times. (6) All meetings shall be open to the press and general public and all persons desiring to appear before the board shall be given reasonable time to present their views on any matter being considered by the board. * * * Section 4. That Chapter 28, Land Development Code, at Article 720, entitled “Planning & Zoning Board, at 720-10, entitled “Created; appointment”, is amended as follows: CHAPTER 28 LAND DEVELOPMENT CODE * * * ARTICLE 720. - PLANNING AND ZONING BOARD Sec. 720-10. - Created; appointment. The members of the city planning and zoning board as created by the City Charter, shall be appointed by the city commission and be residents of the City at least 12 months prior to their 5 ORDINANCE #2026-017 appointment. No city employee shall be eligible for membership on the board. If any member fails to attend three (3) meetings (regardless of whether the member is excused or not) annually shall automatically be removed from the board and will be considered to have voluntarily resigned. The City Commission shall promptly fill that vacancy. Failure to have quorum to hold a meeting shall be considered an absence by those advisory board members that that cause the lack of quorum. Consistent with the City Charter, Part 8, Article I, there shall be five members and two alternate board members appointed by the City Commission. Alternate Board members are to attend all meetings and all attendance requirements shall apply equally to the alternate board members. * * * Section 5. Amending all existing resolutions authorizing advisory board as follows: The provisions in the following resolutions: No. 2025-002/58-99 (Parks, Recreation and Community Affairs Advisory Board); No.: 2013-047/2009-026 (Green Advisory Board); No.: 2018-035/2013-019 (Education Advisory Board); No.: 2009-054 and 2015-10 (Charter Review Board), and No. 2018-0034 (alternate board members) relating to qualifications and attendance of advisory board members shall be amended to provide the following: (1) If any member of the advisory board fails to attend three (3) meetings annually (whether the absence is excused or not), she/he shall automatically be removed from the board and be considered to have resigned. The City Commission shall promptly fill that vacancy. Failure to have a quorum to hold a meeting shall be considered an absence by those advisory board members that cause the lack of quorum. All advisory board members shall be City residents for at least 12 months prior to appointment. (2) The Parks Recreation and Community Affairs Advisory Board currently provides for one alternate board member. The Charter Review Board provides for five (5) alternate Board Members. The Green and the Education Advisory Boards do not provide for alternate board members. Upon adoption of this ordinance all advisory board addressed in this Section 6, relating to the following board: the Green, Parks Recreation and Community Affairs, and Education Advisory Boards, shall all have two alternate board members appointed by the City Commission. Alternate Board members are to attend all meetings of the advisory board and all attendance requirements shall apply equally to the alternate board members. The Charter Review Board shall maintain its five (5) alternate board members. 6 ORDINANCE #2026-017 * * * Section 6. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 7. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 8. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on May 26, 2026. PASSED AND ADOPTED on second reading on June 9,2026. First Reading: Motion by: Commissioner Lewellen Second by: Vice Mayor Salvino Second Reading: Motion by: Commissioner Lewellen Second by: Vice Mayor Salvino FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 7 ORDINANCE #2026-017 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY