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2008-06 ORDINANCE NO. 2008-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING THE A VENTURA BUSINESS TAX EQUITY STUDY ADVISORY BOARD, WHICH SHALL SERVE AS THE EQUITY STUDY COMMISSION FOR THE LOCAL BUSINESS TAX RECLASSIFICATION AND REVISION, AND ESTABLISHING PROCEDURES FOR APPOINTMENT OF MEMBERS, A TIMETABLE AND RULES OF PROCEDURE; PROVIDING A SUNSET PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Senate Bill 1178 amends Section 205.053 and Section 205.0535, Florida Statutes to provide that by October 1, 2008, any municipality that has adopted a local business tax after October 1, 1995 may by ordinance reclassifY businesses, professions, and occupations and may establish new rate structures; and WHEREAS, state law provides that prior to the adoption of a reclassification and revision ordinance, the municipality must establish an equity study commission and appoint its members; and WHEREAS, the City Commission desires to establish the A ventura Business Tax Equity Study Advisory Board (the "Equity Study Board"), which shall serve as the Equity Study Commission, and to establish procedures for appointment of members; and WHEREAS, Section 205.0535, Florida Statutes, provides that each member of the Equity Study Board must be a representative of the business community within the City; and WHEREAS, the City Commission believes it is in the best interest of the City to establish the Equity Study Board, provide procedures for appointment of members, and provide a timetable and rules of procedure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the foregoing recitals contained in the preamble to this Ordinance are hereby adopted and are incorporated by reference herein. Section 2. Board Established. That the Equity Study Board is hereby established to serve as the Equity Study Commission pursuant to Section 205.0535, Florida Statutes. The Board shall consist of seven (7) members. Section 3. Authoritv. That the powers and duties of the Equity Study Board (the "Board") shall be solely of an advisory nature to the City Commission and City Manager. Accordingly, although Board members shall comply with the applicable requirements of the Code of Ethics for Public Officers and Employees as provided in Part III of Chapter 112, F.S., Board members shall be exempt from the provisions of the Miami-Dade County Ethics Code, which is provided by Sec. 2-11.1 of the County Code, pursuant to the advisory board exemption which is authorized by Sec. 2-11.39-2 of the County Code. Section 4. Qualifications. That each member of the Board shall be a representative of the business community within the City, and shall own or be employed by a business entity that possesses a valid Business Tax Receipt issued by the City at the time of the appointment and throughout the term of service on the Board. Section 5. Appointments. That the Mayor shall appoint the members of the Board, subject to approval by a majority of the City Commission. Section 6. Chair of Board. That the Board shall elect the Chairperson for the Board and the Vice-Chairperson. Section 7. Timetable. That the timetable for the Board process, attached as Exhibit "A", is hereby adopted, and shall serve as a general guideline. Section 8. Rules of Procedure. That the Rules of Procedure for the Board, attached as Exhibit "B", are hereby adopted. Section 9. Implementation. That the appropriate City officials are authorized to execute all necessary documents to effectuate the intent of this Ordinance. Section 10. Sunset Provision. That once the City Manager certifies that the duties of the Board have been finally and fully completed and that the new Ordinance adopting the reclassification and rate structure has been adopted by the City Commission and is in full force and effect, the work of the Board and the term of office of Board members shall conclude and terminate. Section 11. Effective Date. That this Ordinance shall take effect immediately upon adoption on second reading and shall be applied retroactively to the date of appointment of the members of the Board. The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Commissioner Luz Urbaez Weinberg yes V ice Mayor Bob Diamond yes Mayor Susan Gottlieb yes The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on second reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stem yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Bob Diamond yes Mayor Susan Gottlieb yes PASSED on first reading on this 5th day of February, 2008. PASSED AND ADOPTED on second reading this 4th day of March, 2008. APPROVED AS TO LEGAL SUFFICIENCY: ~ M~V~ CITY ATTORNEY ORDINANCE NO. 2008-06 EXHIBIT" A" PROPOSED (NON- BINDING) TIMETABLE FOR EQUITY STUDY COMMISSION (1) Establish Board via Ordinance. February 5, 2008 (2) Appoint members of the Board. February 5, 2008 (3) Board holds necessary meetings and performs its statutory tasks. February 7- April 25, 2008 (4) City Commission reviews recommendations of the Board May, 2008 (5) City Commission adopts Business Tax Ordinance including new rate structure and classifications June, 2008 (6) Business Tax Ordinance in effect in time for Sale of Local Business Tax Receipts July 1,2008 ORDINANCE NO. 2008-06 EXHIBIT "B" RULES OF PROCEDURE FOR A VENTURA BUSINESS TAX EQUITY STUDY ADVISORY BOARD T ABLE OF CONTENTS PAGE Section 1 GENERALLY 2 Section 2 MEETINGS Section 2.1 Section 2.2 Section 2.3 Generally Meeting Time and Location Board Member Attendance 2 2 2 Section 3 OFFICERS Section 3.1 Selection 2 Section 3.2 Duties and Responsibilities 3-4 Section 4 CONDUCT OF BUSINESS Section 4.1 Motions 4 Section 4.2 Voting 4 Section 4.3 Minutes 5 Section 4.4 City Attorney 5 Section 4.5 City Manager 5 Section 4.6 Public Comment 5 Section 5 ETHICAL CONDUCT 5 Section 6 AMENDMENTS 5 Section 1. Generallv. These Rules of Procedure, as amended from time to time, shall govern the A ventura Business Tax Equity Study Advisory Board (the "Board") in the conduct of its business. Section 2. Meetine:s. Section 2.1. Generally. The business of the Board shall be conducted at regular meetings only. All meetings shall be scheduled to provide sufficient notice to the public, and shall be open to the public. At a meeting, four (4) members in attendance shall constitute a quorum. Failure to obtain a quorum shall result in cancellation of the meeting. Prior to each meeting, the City Manager will determine the agenda of the order of business, showing in the exact order what is to come before the Board. Section 2.2. Meeting Time and Location. The City Manager shall designate the meeting time. All meetings will be held at the A ventura Government Center. The City Manager may cancel a meeting if there is no business to conduct. Section 2.3. Board Member Attendance. All Board members shall attend all meetings and remain until the meetings are adjourned or the member is excused by the Chairperson. A request to be excused and notice of a member's intention to be absent shall be communicated to the City Manager or designee. Section 3. Officers. Section 3.1. Selection. The Chairperson and the Vice Chairperson shall be selected by a majority vote of the Board. In the event neither the Chairperson nor the Vice Chairperson attends a meeting, the Board shall select from its members a Chairperson Pro-Tempore for that meeting. Section 3.2. Duties and Responsibilities. It shall be the duty and responsibility of all officers to be thoroughly familiar with the applicable City of A ventura Code of Ordinances and Chapter 205, Florida Statutes, as they apply to the Board and these Rules of Procedure. 1. Chairperson. The Chairperson is the presiding officer, when present and eligible, at all meetings of the Board. As presiding officer, the Chairperson's duties are generally as follows: (A) To open all meetings at the time at which the Board is to meet, by taking the chair, calling the members to order and calling the roll. (B) To announce the business before the Board in the order in which it is to be acted upon. (C) To recognize members entitled to the floor; to state and put to vote all questions which are regularly moved or necessarily arise in the course of business, and to announce the result of the vote. When a motion has been seconded it is the duty of the Chairperson, unless he or she rules it out of order, immediately to state the question that is before the Board for its consideration and action. If the question is debatable or amendable, the Chairperson shall immediately ask, "Is there any discussion?" If no one then responds, he or she shall put the question. If the question cannot be debated or amended, he or she shall immediately put the question after stating it. The responsibility of announcing the vote lies with the Chairperson, and he or she, therefore, shall have the right to have the vote taken again if he or she is in doubt as to the result. In announcing the vote the Chairperson shall state first whether the motion is carried or lost; second, what is the effect or result of the vote; third, what is the immediately pending question or business before the Board. If there is none he or she shall ask, "What is the pleasure of the Board?" (D) To protect the Board from annoyance from evidently frivolous or dilatory motions by refusing to recognize them. Whenever the Chairperson is satisfied that members are using procedures merely to obstruct business, he or she shall either not recognize them or rule them out of order. While the Chairperson shall always be courteous and fair, he or she shall be firm in protecting the Board from imposition, even though it is done in strict conformity with procedural rules. (E) To assist in expediting the business in every way compatible with the rights of the members, as by allowing brief comments when undebatable motions are pending, if he or she thinks it advisable; to restrain the members when engaged in debate, within the rules of order; to enforce on all occasions the observance of order and decorum among the members, deciding all questions of order. To authenticate, by his or her signature, when necessary, all the proceedings of the Board, declaring its will and in all things obeying its commands. 2. Vice Chairperson. The Vice Chairperson shall become the Chairperson Pro-tempore upon the absence of the Chairperson at any meeting of the Board. Section 4. Conduct of Business. The business ofthe Board shall be conducted as follows: Section 4.1. Motions. Actions by or decisions of the Board shall be determined by motions duly moved and seconded and carried by a majority of the members present. Section 4.2. V oting. It is a rule that all members shall vote on all questions. No one can vote or participate in debate or discussion on an item at public hearing or a question or a proposal in which he or she has a conflict of interest, as provided by the Code of Ordinances and state law. The method of taking a vote shall be by roll call (yeas and nays). A quorum must be present in order to vote. On a tie vote the motion is lost. When a vote is to be taken the Chairperson puts the question in a form similar to this "As many as are in favor of the question will, as their names are called, answer yes (or yea); those opposed will answer no (or nay)." The Chairperson shall then direct the clerk or her designee to call the roll. The clerk or her designee calls the roll, and each member as his or her name is called answers yes or no. A motion to approve, when defeated by a vote, shall be considered as a motion to deny which was approved by vote. A motion to deny, when defeated by a vote, shall not be considered as a motion to approve. In this instance there must be placed before the Board a motion to approve. Section 4.3. Minutes. Minutes of the Board shall contain a concise and accurate summary of actions taken at meetings, but shall not include verbatim comments from Board members or of persons making presentations to the Board. Section 4.4. City Attorney. The City Attorney shall rule on all legal questions and the Board shall rely only on the advice of the City Attorney for such questions. Section 4.5. City Manager. The City Manager or his designee shall be an ex-officio member of the Board, with the right to participate in the discussions; however, he or she shall not have the right to vote on Board business nor be counted toward a quorum. Section 4.6. Public Comment. The Board may hear Public Comment, as it deems appropriate, and may limit the comments to three (3) minutes. Section 5. Ethical Conduct. The Board is an instrument of the City providing an important function with imposed obligations, responsibilities and duties. In accepting an appointment to serve as a member of the Board, one also accepts and adopts the requirements of state law and the requirements of City of A ventura Code of Ordinances as his or her standard of conduct. In addition, Board appointees shall not subvert the integrity of the Board as a whole or of any member of the Board, or any City official. Section 6. Amendments. These Rules of Procedure may be amended by the City Commission by resolution. An amendment, having been adopted, goes into effect immediately upon its adoption, unless the motion to adopt specifies a time for its going into effect.