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Ordinance 99-3225 ORDINANCE NO. 99-3225 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES"; SECTION 118-52, ENTITLED "MEETINGS AND PROCEDURES"; SECTION 118-74,ENTITLED "REMOVAL"; SECTION 118-105,ENTITLED "REMOVAL", AND SECTION 118-133, ENTITLED "REMOVAL"; BY MODIFYING THE STANDARDS FOR REMOVAL OF MEMBERS FROM THE PLANNING BOARD, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD AND ZONING BOARD OF ADJUSTMENT, ON THE GROUNDS OF EXCESSIVE ABSENCES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami Beach specifies procedures for removal of members of the various land use boards of the City, i.e.the Planning Board, Design Review Board, Historic Preservation Board and Zoning Board of Adjustment,on the grounds of excessive absences; and WHEREAS, the current provisions of the Code address board meetings that are held monthly, and the City Commission desires to amend these provisions to reflect the fact that certain boards may meet more frequently than twelve (12)times a year. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. That Section 118-52, entitled "Meetings and Procedures", of Division 2, entitled "Planning Board", of Chapter 118, entitled "Administration and Review Procedures", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 118-52. Meetings and procedures. (0 Removal of board members. In the event that any member of the board fails to attend thrcc one-year 33 percent of the regularly scheduled meetings per calendar year(to calculate the number of absences under the 33 percent formula. .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number), or abstains from voting on a matter before the board due to a conflict of interest on four different applications within a period of one year, such member shall cease to be a member of the board. For purposes of this section, an absence from a meeting shall be defined as missing more than 30 percent of the scheduled matters on that meeting's agenda. A person who has ceased to be a member of the board due to absences or conflicts of interest, shall not be reappointed to the board for a period of one year from the date of his/her removal. * * * SECTION 2. That Section 118-74, entitled "Removal", of Division 3, entitled "Design Review Board", of Chapter 118, entitled "Administration and Review Procedures", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 118-74. Removal. (a) Removal of appointed members shall be by the city manager for cause. Removal of a design review board member shall be mandatory when that member: f1) Is absent f om three regularly schcdulcd board meetings within a calendar ycar; (1) Fails to attend 33 percent of the regularly scheduled meetings per calendar year(to calculate the number of absences under the 33 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number); or (2)(3) Abstains from voting due to a conflict of interest on seven different applications within a calendar year. All members shall disclose any conflicts on that meeting's agenda. For purposes of this section, an absence from a meeting shall be defined as missing more than 30 percent of the scheduled matters on that meeting's agenda. A member who is removed shall not be reappointed to membership on the board for at least one year from the date of removal. (b) Any absences and/or abstentions due to conflict of interest prior to the effective date of these land development regulations shall not apply for purposes of removal from board membership. SECTION 3. That Section 118-105, entitled "Removal", of Division 4, entitled "Historic Preservation Board", of Chapter 118, entitled "Administration and Review Procedures", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 118-105. Removal. In the event any member of the historic preservation board fails to attend three regularly scheduled three workshops comprised of the entire board within a period of one year 33 percent of the regularly scheduled meetings per calendar year(to calculate the number of absences under the 33 percent formula. .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number), or abstains from voting on a matter before the historic preservation board due to a conflict of interest five times within a period of one year, such member shall cease to be a member of the board. However, abstentions for reason of conflict for matters relating to amendment of the historic properties database shall not be counted for this purpose. * * * SECTION 4. That Section 118-133, entitled "Removal", of Division 5, entitled "Board of Adjustment, of Chapter 118, entitled "Administration and Review Procedures", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: 2 Sec. 118-133. Removal. In the event that any member of the board of adjustment fails to attend three regularly scheduled 33 percent of the regularly scheduled meetings per calendar year (to calculate the number of absences under the 33 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number),or abstains from voting on a matter before the board due to a conflict of interest on four different applications within a period of one year, such member shall cease to be a member of the board. For purposes of this section, an absence from a meeting shall be defined as missing more than 30 percent of the scheduled matters on that meeting's agenda. A person who has ceased to be a member of the board due to absences or conflicts of interest, shall not be reappointed to the board for a period of one year from the date of his/her removal. SECTION 5. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 6. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA It is the intention of the City Commission,and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 3 SECTION 7. SEVERABILITY. • If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect on the 25th day of December , 1999. PASSED and ADOPTED this 15th day of December , 1999. ATTEST: MAYOR 7 ��Q�------ CITY CLERK F:\PLAN\SPLB\AUG\ABSE 140314030RD.WPD 1st reading 11/17/99 2nd reading 12/15/99 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION AtiorrWsi 716614# 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miam i-beach.fl.us COMMISSION MEMORANDUM NO. gag_q TO: Mayor Neisen O.Kasdin and DATE: December 15,1999 Members of the City mmission FROM: Sergio Rodriguez P City Manager `` SUBJECT: Land Use a Members Absences Second Reading Public Hearing -An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida; Amending the Code of the City of Miami Beach, Florida, Amending Chapter 118 Entitled "Administration and Review Procedures"; Section 118-52,Entitled "Meetings and Procedures"; Section 118-74, Entitled "Removal"; Section 118-105, Entitled "Removal", and Section 118-133, Entitled "Removal"; By Modifying the Standards for Removal of Members from the Planning Board, Design Review Board, Historic Preservation Board and Board of Adjustment, on the Grounds of Excessive Absences; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. ANALYSIS An amendment to the Land Development Regulations (LDR s) of the City Code to revise the current policy of permitted absences on the Land Use Boards was referred to the Planning Board by the City Commission on January 6, 1999. Earlier this year, the City Commission adopted an amendment to the City Code providing for the automatic removal of an agency,board or committee member failing to attend 33%of the regularly scheduled meetings per calendar year. However, this provision did not apply to the Land Use Boards (Planning Board,Board of Adjustment, Design Review Board, and Historic Preservation Board), as it was contained in a separate chapter of the Code [Section 2-22(9)] not applicable to the Land Use Boards. Therefore, this proposed amending ordinance is intended to apply to the Land Use Boards the same new regulations on board member absences as all other boards in the City. AGENDA ITEM IR 5 R DATE i ` I&C19 Commission Memorandum December 15, 1999 Land Use Board Members Absences • Page 2 ANALYSIS (Continued) At its September 28, 1999 meeting, the Planning Board voted 7-0 in favor of the proposed amending ordinance. At its November 17, 1999 meeting, the City Commission voted 7-0 to approve the proposed ordinance on first reading. The proposed amending ordinance tracks the same language as contained in Section 2-22(9) of the City Code, which regulates allowable absences by members of the City's agency, board and committee members. Generally, the current regulations limit the Land Use Board members to being absent from three regularly scheduled meetings or three workshops comprised of the entire board within a period of one year. The new language standardizes the policy for all four land use boards by limiting members' absences to 33 percent of the regularly scheduled meetings per calendar year. To calculate the number of absences under the 33 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number. This will be more equitable to members of boards which meet more than 12 times a year(the Design Review Board often meets twice a month). Regarding the proposed amendment which is before the Commission today, it is expected that the overall effect of the proposed amending ordinance would be to standardize and clarify the applicable regulations regarding allowable absences for members of the City's Land Use Boards. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amending ordinance to Chapter 118 of the Land Development Regulations of the Code of the City of Miami Beach, Florida. P. 4rz SR\ \JGG\RGL\rgl T:\AGENDA\1999\DEC 1599\REGULAR\1403CMM2.WPD • M p i=1, U N 'f' bA °O Q � � o '- 1• 4W• o Z o < • v - *E c2 ar AZu -o " 1:11)0 cn7--c4 w •d a1 W Ci.