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2016-29511 Reso RESOLUTION NO. 2016-29511 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CODE SECTION 2-459 (WHICH PROHIBITS CITY BOARD MEMBERS AND THEIR ASSOCIATES FROM LOBBYING CITY PERSONNEL) SHOULD BE AMENDED TO INCLUDE AN EXCEPTION ALLOWING LAND USE BOARD (BOARD OF ADJUSTMENT, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD, PANEL OF ARCHITECTS, AND PLANNING BOARD) MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO LOBBY CITY PERSONNEL AND AGENCIES ON LAND DEVELOPMENT APPLICATIONS, EXCEPT FOR APPLICATIONS BEFORE THE BOARD ON WHICH THEY SERVE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. • SECTION 3. That the said voting precincts in the City of Miami Beach of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit "A".1 SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election ("Notice") shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2016, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: City Code Section 2-459: Establish Additional Exception to Prohibition on Lobbying by City Board Members 1 As of date,the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of polling places from the City's March 2016 Special Election, which upon receipt from the County, will be superseded by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which list of polling places for the City's November 8,2016 Special Election will be publicly noticed by the City. City Code Section 2-459 prohibits City board members and their associates from lobbying City personnel and agencies. Should this section be amended to include an exception allowing land use board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board) members who are architects or landscape architects to lobby City personnel and agencies on land development applications, except for applications before the board on which they serve? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8, 2016, hereby called, shall be in substantially the following form: OFFICIAL BALLOT City Code Section 2-459: Establish Additional Exception to Prohibition on Lobbying by City Board Members City Code Section 2-459 prohibits City board members and their associates from lobbying City personnel and agencies. Should this section be amended to include an exception allowing land use board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board) members who are architects or landscape architects to lobby City personnel and agencies on land development applications, except for applications before the board on which they serve? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote in this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami- Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 1) day of , 2016. ATTEST: • Philip Levine ;;7 Mayor „p..1muk l�s 3` 6 7 •1,1,, �I E a k Raf.el E. ''`-nado City Clerk .a� CRATED (Sponsored by City Com sis&eY JP 1Vlalako APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION Os, iJ ( - zz -l City Attorney Dote \C F:1ATT0\KALN\BALLOT QUESTION\Exemption from Ethics Code for land use board members CC RESO.docx CITY CODE SECTION 2-459: PROPOSED BALLOT QUESTION AND AMENDED CITY CODE TEXT NOVEMBER 8, 2016 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION: City Code Section 2-459: Establish Additional Exception to Prohibition on Lobbying by City Board Members City Code Section 2-459 prohibits City board members and their associates from lobbying City personnel and agencies. Should this section be amended to include an exception allowing land use board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board) members who are architects or landscape architects to lobby City personnel and agencies on land development applications, except for applications before the board on which they serve? YES NO II. PROPOSED CITY CODE TEXT: City of Miami Beach Code Section 2-459. "Certain appearances prohibited." (a) No member of a city board, agency or committee or a member of any board, agency or committee created hereafter which is designated as a board, agency or committee subject to the purview of this section shall: (1) Either directly or through an associate, appear, represent or act on behalf of a third person before the city commission or any city agency with respect to any agency action sought by the third person. (2) Either directly or through an associate be engaged as a lobbyist for and on behalf of a third person with respect to any official action by any public officer sought by such third person. (b) Definitions. As used in this section, the following definitions shall apply: Agency means any board, commission, committee or authority of the city, whether advisory, ad hoc or standing in nature. Associate means any person or entity engaged in or carrying on a business enterprise with a city agency member as a partner, joint venturer, or co-corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange or co-owner of property. Associate shall further include a business affiliation with a city agency member where an "employee" or "of counsel" relationship exists. Land use boards include the Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board. Lobbyist means all persons, firms, or corporations employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any of the following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action, decision, or recommendation of any city board or committee; or (3) any action, decision or recommendation of the city manager, deputy city manager, assistant city managers, all department heads, all division heads, city attorney, chief deputy city attorney, deputy city attorneys, and/or all assistant city attorneys (except when such personnel are acting in connection with administrative hearings) during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the city commission or a city agency. "Lobbyist," as defined above, specifically includes the principal, as described above, as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. (1) For purposes of this section, and with limited applicability to those agencies that are not standing in nature, "lobbyist" shall exclude any person who only appears as a representative of a not for profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union) without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. (2) For purposes of this section, and with limited applicability to those agencies that are standing in nature: a. Lobbying by a board, agency or committee member shall be permitted when such person is affiliated with a not for profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union) in a capacity other than as a managerial employee and appears as a representative of that particular not for profit corporation or entity without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. b. Lobbying by the associate of a board, agency or committee member shall be permitted: (i) When a board, agency or committee member is affiliated with a not for profit corporation or entity in a capacity other than as a managerial employee, and the subject associate is appearing as a representative of that particular not for profit corporation or entity without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. (ii) When a board, agency or committee member is a managerial employee of a not for profit corporation or entity, and the subject associate is appearing as a representative of that particular not for profit corporation or entity without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item and is affiliated. with said not for profit corporation or entity in a capacity other than as a managerial employee. c. The term "managerial employee" shall mean any employee of a nonprofit corporation or entity who has supervision and operational responsibilities/control of all or some departments of said entity. (3) For purposes of this section, land use board members who are architects or landscape architects may conduct lobbying activities set forth in subsections (a)(1) and (2) with regard to land development applications, insofar as said activities are restricted to City personnel and City agencies other than (i) the land use board on which the subiect board member serves and (ii) related city personnel in their capacity as staff to such agency. This subsection shall not prohibit such architects or landscape architects serving on a land use board from submitting plans to their board of membership on behalf of an applicant, so long as any such board member discloses at meetings of such board his or her representation of the applicant and disqualifies himself or herself from speaking or voting or otherwise participating in the review or approval of such application. Public officer means any person elected or appointed to hold office in the city, as a member of an agency which shall include an advisory body. M I AM I BEACH MIAMI BEACH SPECIAL ELECTION NOVEMBER 8, 2016 MIAMI BEACH PRECINCTS LIST Polling Name Location Polling Name Location Place No Place No. 1311 Biscayne Elementary 800 77 Street 030 Miami Beach 2000 Convention School Botanical Garden Center Drive 013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty Library Avenue Avenue 014 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street Center Library 015 Normandy Shores Gaff 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie Club High School Avenue 018 Indian Creek Fire 0860 Indian Creek 036 Miami Beach Police 999 11 Street Station#4 Drive Athletic League 019 Normandy Park&Pool 7030 Trouville 037 Miami Beach City Hall 1700 Convention Esplanade Center Drive 020 Ronald W.Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue Center Drive Post#3559 023 Miami Beach Fire 5303 Collins 044 South Pointe 1050 4 Street Station#3 Avenue Elementary School 024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 6 Street#2 Avenue Community Center 025 St.John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-8 601 14 Place Methodist Church Drive Center School _ 028-- Temple Beth Shalom 4144 Chase 043 Miami Beach Polite 1100 Washington Avenue Department Avenue 029 North Beach 41013 Prairie 048 Rebecca Towers 200 Alton Road Elementary School Avenue Please note that the above list is subject to change, if needed. The voting precincts for the November 8, 2016 City of Miami Beach Special Election shall be as established by the Miami- Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in Which the official registration books show that the electors reside. All questions concerning voting [locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Dural, Florida 33172; Telephone: 305.499.VOTE (8683)or TTY:305.499.8480. Rafael E. Granada. City Clerk City of Miami Beach AD 1182 EXHIBIT A MIAMI BEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM To: Mayor Philip Levine Date: July 13, 2016 Members of the City Commission From: Raul J. Aguils3v. 1 Cs.: (- City Attorney Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY CODE SECTION 2-459 (WHICH PROHIBITS CITY BOARD MEMBERS AND THEIR ASSOCIATES FROM LOBBYING CITY PERSONNEL) SHOULD BE AMENDED TO INCLUDE AN EXCEPTION ALLOWING LAND USE BOARD (BOARD OF ADJUSTMENT, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD, PANEL OF ARCHITECTS, AND PLANNING BOARD) MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO LOBBY CITY PERSONNEL AND AGENCIES ON LAND DEVELOPMENT APPLICATIONS, EXCEPT FOR APPLICATIONS BEFORE THE BOARD ON WHICH THEY SERVE. I. Introduction Pursuant to the request of Commissioner Joy Malakoff, the following ballot question has been prepared for a Special Election to be held in the City of Miami Beach on November 8, 2016. The proposed ballot question seeks to amend City Code Section 2-459, in the City's Code of Ethics, by providing for an exception from the prohibition on lobbying by members of City boards, for land use board' members who are architects or landscape architects, and would allow those members to lobby City personnel or officials, except for (i) members of the boards on which they serve, and (ii) related City personnel in their capacity as staff to such agency. Because the proposed exemption would lessen the stringency of City Code Section 2-459, a public vote is required pursuant to City Charter Section 1.05. Commissioner Malakoff has proposed this ballot measure as part of her envisioned comprehensive legislative reform towards streamlining and otherwise improving the City's development review process. The prohibition on lobbying by all board members set forth in City Code Section 2-459, although laudable in concept, has served to discourage qualified design professionals from serving on the City's land use boards, as such service prevents them from lobbying the City on behalf of their clients. ' The term "land use boards" includes the Board of Adjustment, Design Review Board, Historic Preservation Board, and Planning Board, as well as the proposed Panel of Architects. Agenda Item R-7 A Date ?-t3-6 Exemption from lobbying prohibition for architects and landscape architects on land use boards July 13, 2016 • Page 2 The City Charter and Code require the appointment of certain professionals (e.g., architects and landscape architects) to the City's land use boards.2 Because, of the prohibition on lobbying by City board members, the City has experienced difficulties in filling these openings. Otherwise qualified individuals elect not to serve on City land use boards because such service would likely preclude their representation of clients in Miami Beach. By amending the Code to allow for a limited exception whereby such land use board members, who are architects or landscape architects, may lobby the City (while maintaining the existing prohibition on lobbying (i) other members of the board on which the land use board member serves or (ii) related City staff), the City will have a greater opportunity to attract qualified design professionals for such City service. II. Panel of Architects On June 8, 2016, and as sponsored by Commissioner Malakoff, the City Commission adopted on first reading an Ordinance creating a Panel of Architects ("Panel") to review all new single-family home construction, including substantial additions, on RS-zoned lots that are vacant or that currently contain a post-1942 single family home or a non-architecturally significant pre-1942 single-family home, which applications would not otherwise require a hearing conducted by the Board of Adjustment, Historic Preservation Board, or Design Review Board. The Ordinance provides that, if the ballot question proposed herein is approved by the City's voters, the Ordinance shall become effective on February 1, 2017. If the ballot question fails, the Ordinance shall sunset immediately and be automatically repealed. The Ordinance shall be heard by the Planning Board on June 28, 2016, and is scheduled for Second Reading by the City Commission on July 13, 2016. III. Proposed ballot question The text of the proposed ballot question is as follows: • City Code Section 2-459 prohibits City board members and their associates from lobbying City personnel and agencies. Should this section be amended to include an exception allowing land use board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board) members who are architects or landscape architects to lobby City personnel and agencies on land development applications, except for applications before the board on which they serve? F:\ATTO\KALN\BALLOT QUESTION\Exemption from Ethics Code for land use board members CC MEMO.docx 2 The professional requirements for appointment to the City's land use boards are set forth in Art. I, § 2, Related Special Acts (Board of Adjustment), City Code § 118-72 (Design Review Board), City Code § 118-103(a) (Historic Preservation Board), and City Code§ 118-53(Planning Board). The proposed Panel of Architects shall be comprised of up to 15 design professionals, defined as architects or landscape architects licensed in Florida.