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HomeMy WebLinkAboutItem V(H) Approval and Acceptance of Resolution 2004-09, Adopting Offical By-Laws for Community Merit Awards (CMA) Board R�1e Center of Good L'v Agenda 09-21-04 Item V.H. CITY OF OCOEE AGENDA ITEM COVER SHEET Date: September 8, 2004 Meeting Date: September 21, 2004 Subject: Community Merit Awards (CMA) Board Bylaws Issue: To officially outline the CMA Board's purpose, membership requirements, and formal bylaws. Recommendation: Approval of Resolution 2004-09 Background Summary: Membership issues relating to Ocoee residency needed to be clarified. It was discovered at that time that the CMA Board did not have official bylaws. Fiscal Impacts: None Commission Action: Reviewed by City Manager MI' Reviewed by City Attorney N/A Reviewed by Fina ce ' N/A Reviewed by N/A Mayor ire tenter of Good Lty Commissioners S. Scott Vandergrift _,* Danny Howell, District 1 Scott Anderson, District 2 City Manager " Rusty Johnson, District 3 Robert Frank Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Janet Shira, Assistant to the City Manager DATE: September 8, 2004 RE: Community Merit Awards (CMA) Board Bylaws ISSUE To officially outline the CMA Board's purpose, membership requirements, and formal bylaws. BACKGROUND/DISCUSSION One of the CMA Board members is moving out of the City. The question came up whether he would need to resign from the Board. At that time, staff discovered that formal bylaws and other board criteria were never officially adopted for the CMA Board. At the recommendation of the City Clerk's office and in an attempt to maintain consistency, the attached Resolution was drafted using the same basic criteria as outlined in the recently established Diversity Board bylaws. With regard to the question of membership, the Resolution specifies that members must either be persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who hold a valid occupational license for a business located in Ocoee. RECOMMENDATION Staff respectfully recommends that the City Commission approve Resolution 2004-09. Cc: Rob Frank, City Manager Beth Eikenberry, City Clerk Paul Rosenthal, City Attorney RESOLUTION NO. 2004-09 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA PROVIDING FOR THE CREATION OF BYLAWS FOR THE CITY OF OCOEE COMMUNITY MERIT AWARDS BOARD; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida, provides that the City of Ocoee has the power to create boards, commissions and committees to advise and assist the City in carrying out municipal functions; and WHEREAS, the Community Merit Awards Board has been meeting for more than two years in an advisory role to the City Commission; and WHEREAS, the City Commission desires to create bylaws for the Community Merit Awards Board. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida, Article II, Section C-8.0 of the Charter of the City of Ocoee, Florida and Chapter 166, Florida Statutes. SECTION 2. Community Merit Awards Board. The City Commission of the City of Ocoee created the Community Merit Awards Board in 2002 as a permanent advisory body to the City Commission. SECTION 3. Purpose. The purpose, objectives, membership, and officers of the City of Ocoee Community Merit Awards Board shall be as set forth on Exhibit"A" attached hereto and incorporated herein by reference. SECTION 4. ByLaws. The Bylaws for the City of Ocoee Community Merit Awards Board shall be as set forth on Exhibit"B" attached hereto and incorporated herein by reference. 3 SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2004. CITY OF OCOEE, FLORIDA Attest S. Scott Vandergrift, Mayor Brenda Brasher, Acting City Clerk (SEAL) FOR USE AND RELIANCE ONLY READ FIRST TIME AND ADOPTED BY THE CITY OF OCOEE, APPROVED , 2004, UNDER AS TO FORM AND LEGLITY AGENDA ITEM NO. THIS DAY OF , 2004 FOLEY & LARDNER By: City Attorney 4 EXHIBIT A CITY OF OCOEE COMMUNITY MERIT AWARDS BOARD I. PURPOSE: The general purpose of the Community Merit Awards Board ("CMA Board") is to review grant applications submitted to the City from non-profit organizations and make funding recommendations to the City Commission. Community Merit Awards are financial grants made to non-profit organizations whose members include Ocoee residents and business people. The grants are made to acknowledge excellence and to further the benefits these local organizations bring to the Ocoee community. In no event shall the CMA Board by itself possess any decision-making authority or be authorized to bind the City of Ocoee. II. Objectives: A. Review each Community Merit Awards Program application using the program criteria provided; B. Discuss each application as a group and ask any questions before making a funding recommendation; C. Assist the City Commission in distributing funds to non-profit organizations in the Ocoee community using a fair and balanced system and keeping within budgetary limits; D. Assist the City Commission and staff as requested. III. Membership: A. The CMA Board shall consist of five (5) members. The City Commission shall designate one member of the City Commission and the City Manager shall designate one member of staff, both of whom will serve as ex officio non-voting members. Board members will be appointed by the City Commission from a list of interested persons who have completed the application form for membership on City boards and committees. 5 B. Of the initial members of the CMA Board, three (3) of the members shall be appointed to serve a three (3) year term. The remaining initial members shall serve a term of four(4) years. Thereafter, all members shall serve two (2) year terms and may be reappointed, irrespective of the number of terms previously served. C. One member was initially appointed in January 2002 and four members were initially appointed in March 2002. In alphabetical order, the initial members' terms will expire in three (3) years for the first three (3) members (in alphabetical order) and then four (4) years. Using this method the current Board's terms are as follows: Daniel Axtel, term expires March 2005 Gary Hood, term expires March 2005 Max Jacobs, term expires March 2005 Michael Miller, term expires January 2006 Jim Sills, term expires March 2006 D. Members of the CMA Board shall meet as determined by, and in accordance with, the provisions of the By-Laws and/or at such other times as may be called by the Chairman thereof. Notice of each meeting shall be provided to all members of the CMA Board within a reasonable time prior to the meeting. All meetings of the CMA Board will be open to the public with notice of the place, day and hour of the meeting posted at Ocoee City Hall at least forty-eight(48) hours in advance of any such meeting. E. Members shall be subject to the Florida Sunshine Law. F. The members of the CMA Board may not vote upon a matter at a meeting unless a majority (3 members) is present. G. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who hold a valid occupational license for a business located in Ocoee, shall be eligible for membership. H. All members serve at the pleasure of the City Commission and may be removed for cause at any time. In no event will the CMA Board have the 6 authority to remove any member. IV. Officers: A. The officers of the CMA Board shall be a Chairman, a Vice-Chairman and any such other officers and assistant officers as may be deemed necessary by affirmative vote of a majority of the members present at a meeting at which a quorum is present. A secretary shall be provided by the City of Ocoee. B. The Chairman shall in general supervise and control the affairs of the CMA Board and perform all other duties incident to the office of Chairman. In the absence of the Chairman or in the event of his death or inability to act, the Vice-Chairman shall perform the duties of the Chairman, and when so acting, shall have all the powers of the Chairman. C. Officers shall be elected by the affirmative vote of a majority of the members present at a meeting at which a quorum is present. Officers may be reelected to the same position or to a different position, irrespective of the number of terms previously served. D. Each officer shall hold office for a term of one (1) year commencing upon his appointment to office or until his death, resignation or removal. Officers may be removed in the manner set forth in III (H) hereinabove. V. Bylaws: A. The Bylaws for the CMA Board shall be as set forth on Exhibit"B" attached hereto and incorporated herein by reference. B. Unless otherwise provided in its By-laws, the CMA Board shall follow Robert's Rules of Order(latest edition). 7 EXHIBIT B CITY OF OCOEE COMMUNITY MERIT AWARDS BOARD BY-LAWS (Name of Organization) The official name of this organization shall be the City Of Ocoee Community Merit Awards Board ("CMA Board"). (Purpose and Objectives) 1. Purpose. The general purpose of the Community Merit Awards Board ("CMA Board") is to review grant applications submitted to the City from non-profit organizations and make funding recommendations to the City Commission. Community Merit Awards are financial grants made to non-profit organizations whose members include Ocoee residents and business people. The grants are made to acknowledge excellence and to further the benefits these local organizations bring to the Ocoee community. In no event shall the CMA Board by itself possess any decision- making authority or be authorized to bind the City of Ocoee. 2. Objectives. The objectives of the CMA Board are as follows: A. Review each Community Merit Awards Program application using the program criteria provided; B. Discuss each application as a group and ask any questions before making funding recommendation; C. Assist the City Commission in distributing funds to non-profit organizations in the Ocoee community using a fair and balanced system and keeping within budgetary limits; D. Assist the City Commission and staff as requested. (Membership) Number of Members. The CMA Board shall consist of five (5) members. 8 Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who own real property in Ocoee, or who hold a valid occupational license for a business located in Ocoee, shall be eligible for membership. Manner of Selection of Members. The City Commission shall designate one member of the City Commission and the City Manager shall designate one member of staff, both of whom will serve as ex officio non-voting members. Board members will be appointed by the City Commission from a list of interested persons who have completed the application form for membership on City boards and committees. Term of Appointment. Of the initial members of the CMA Board, three (3) of the members shall be appointed to serve a three (3) year term. The remaining initial two (2) members shall serve a term of four (4) years. Thereafter, all members shall serve two (2) year terms and may be reappointed, irrespective of the number of terms previously served. One member was initially appointed in January 2002 and four members were initially appointed in March 2002. In alphabetical order, the initial members' terms will expire in three (3) years for the first three (3) members (in alphabetical order) and then four (4) years for the remaining two (2) members. Using this method the current Board's terms are as follows: Daniel Axtel, term expires March 2005 Gary Hood, term expires March 2005 Max Jacobs, term expires March 2005 Michael Miller, term expires January 2006 Jim Sills, term expires March 2006 Termination of Membership. All members serve at the pleasure of the City Commission and may be removed for cause at any time. In no event will the CMA Board have the authority to remove any member. A notice of termination shall be promptly sent by the CMA Board secretary to any member who's membership is terminated. 9 (Officers) The CMA Board shall elect from among its members a Chairman, Vice-Chairman, and any such other officers and assistant officers as may be deemed necessary by affirmative vote of a majority of the members present at a meeting at which a quorum is present. Officers shall each serve for a term of one (1) year or until their successors are elected. Officers shall not be limited in the number of terms they serve. Vacancies which occur among the officers of the CMA Board may be filled by the CMA Board at its next regular meeting, provided that there is at least one week notice, prior to the meeting. (Duties of Officers) Duties of the Chairman. The Chairman shall preside at all meetings of the CMA Board and shall hold ex-officio membership on all subcommittees. The Chairman shall perform all other duties ordinarily pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these By-laws. Duties of the Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence of the Chairman. (Subcommittees) The CMA Board may create such subcommittees as may be required to attain its objectives as set forth in Article II. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subject to confirmation at the next regular meeting of the CMA Board. Members of subcommittees need not hold membership in the CMA Board, however, any person serving as a Subcommittee Chairperson must be a CMA Board member. (Meetings) Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The frequency and specific calendar shall be determined by consensus prior to each of the two grant cycles each fiscal year. Notification of all regular meetings shall be provided to all members no 10 less than seven (7) days prior to said meeting. All meetings of the CMA Board shall be open to the public with notice of the date, place and time posted at Ocoee City Hall at least forty-eight (48) hours in advance of any such meeting. . Special Meetings. Special meetings may be called by the Chairman or the Vice Chairman or by a majority of the CMA Board members. Notification of all special meetings shall be posted not less than five (5) days prior to said meeting. Special meetings shall be conducted in the same manner as a regular meeting but shall be limited to the conduct of business specifically set forth in the notice. (Quorum and Voting) Quorum. For the purpose of conducting the regular business of the organization, a majority of the total members shall constitute a quorum. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chairman. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these By-laws, the passage of any item shall require a simple majority vote of those in attendance. Each duly qualified member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern CMA Board meetings and actions in all cases where they are not in conflict with these By-laws. 11