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98-3161 ORD ORDINANCE NO. 98-3161 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," BY CREATING SECTION 118-31 ENTITLED "DISCLOSURE REQUIREMENT" BY REQUIRING DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED TO SUPPORT OR WITHHOLD OBJECTION TO A REQUESTED APPROVAL, RELIEF OR OTHER ACTION FROM THE PLANNING BOARD, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD (INCLUDING JOINT BOARD), OR BOARD OF ADJUSTMENT AND PROVIDING PENAL TIES FOR NONCOMPLIANCE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Commission of the City of Miami Beach desires to encourage open and full public debate and ensure procedural integrity with respect to review and consideration by the City's land use boards of applications and requests before same; WHEREAS, payments and other consideration paid to neighbors and potential objectors in order to reduce opposition to a land use application does not further the above described goal; and WHEREAS, to further the goal of full disclosure and integrity in the review process, and to allow members of the City's land use boards to receive all relevant information regarding an application, the City desires to impose a disclosure requirement on all parties requesting approval, relief or other action from the land use boards. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 118-31, entitled "Disclosure requirement" of Chapter 118, entitled "Administration and Review Procedures," of the Code of the City of Miami Beach, Florida is hereby created as follows: Sec. 118-31. Disclosure requirement. Each person or entity requesting approval. relief or other action from the planning board. design review board. historic preservation board (including the joint design review boardlhistoric preservation board). or the board of adjustment shall disclose. at the commencement (or continuance) of the public hearing(s). any consideration provided or committed. directly or on its behalf. for an agreement to support or withhold objection to the requested approval. relief or action. excluding from this requirement consideration for legal or design professional services rendered or to be rendered. The disclosure shall: (i) be in writing. (ii) indicate to whom the consideration has been provided or committed. (iii) generally describe the nature of the consideration. and (iv) be read into the record by the requesting person or entity prior to submission to the secretary/clerk of the respective board. Upon determination by the applicable board that the foregoing disclosure requirement was not timely satisfied by the person or entity requestin~ approval. relief or other action as provided above. then (i) the application or order. as applicable. shall immediately be deemed null and void without further force or effect. and (ii) no application from said person or entity for the subiect property shall be reviewed or considered by the applicable board(s) until expiration of a period of one (1) year after the nullification of the application or order. It shall be unlawful to employ any device. scheme or artifice to circumvent the disclosure requirements of this Section 118-31 and such circumvention shall be deemed a violation of the disclosure requirements of this Section 118-31. SECTION 2. 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 3. 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 ofthis ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 26th day of December ,1998. PASSED and ADOPTED this 16th day of December ,1998. tII n;: J' P CiA~ CITY CLERK MAYOR DGFIBG F:IA TTOIGRUDlORDIDISREQ.OR7 APPROVED AS TO FORM & lANGUAGE & fOR EXECUTION 1st reading 12/2/98 2nd reading 12/16/98 4I[ftyltf!!L ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ,'lttp:\\ci.m iam i-beach. fl. us to COMMISSION MEMORANDUM NO. B9:J-q 8 TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: December 16, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: Second Rea ing - 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," by Creating Section 118-31 Entitled "Disclosure Requirement" By Requiring Disclosure of Consideration Provided or Committed to Reduce Opposition to a Requested Approval, Relief or Other Action from the Planning Board, Design Review Board, Historic Preservation Board (Including Joint Board), or Board of Adjustment; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance, with the inclusion of further additional amending language clarifying that the subject ordinance does not apply to payments for professional services. BACKGROUND At the City Commission meeting of September 9, 1998, the consideration of an amendment to the Land Development Regulations (LDR's) of the City Code which would require that an applicant before the Planning Board, Board of Adjustment, Design Review Board or Historic Preservation Board (including Joint Board) disclose any payments made to silence objectors to the applicant's project was referred to the Planning Board at the request of Commissioner Shapiro. Upon referral, the City Attorney's Office drafted the proposed amendment. Subsequently, Commissioner Smith had recommended that additional language be incorporated which would also require disclosure of payments made to encourage statements of approval, as well as objection to said projects. Language to that effect was drafted by the City Attorney's Office as an alternative to be incorporated into the ordinance. On October 20, 1998, the Planning Board .unanimously recommended that the Commission approve the amending ordinance, including the additional amending language broadening the disclosure requirement to cover agreements to object, not to object, or to support said applications. AGENDA ITEM R5~ J2-16~9'( DATE At its December 2, 1998 meeting, the City Commission approved the proposed ordinance on first reading, including the language broadening the disclosure requirement to cover agreements to object, not to object, or to support, as recommended by the Administration, and directed that the ordinance be further modified to include penalties for non-compliance. It is this amended version of the ordinance that is before the Commission today. ANAL YSIS This proposed amendment stems from recent cases which have come to light, wherein developers of certain development projects have paid money to parties who may otherwise have objected to the subject projects, thereby insuring that no objections were raised regarding said projects (see attached newspaper article). The practice of paying neighbors and potential objectors in order to reduce opposition to a land use application has become controversial. The Commission has voiced their concern that it discourages open and full public debate and in some way taints procedural integrity with respect to review and consideration by the City's land use boards on applications and requests before them. To address these issues, the proposed amendment would require that any applicant requesting approval, relief or other action from the Planning Board, Design Review Board, Historic Preservation Board (including the Joint Design Review Board/Historic Preservation Board), or the Board of Adjustment will be required to disclose any consideration provided for in an agreement not to object to the requested approval, relief or action. The disclosure would be required at the commencement of the public hearing. The disclosure would be required to be in writing and to indicate to whom the consideration has been provided. The exact nature of the consideration would be required to be described, and the disclosure would then be read into the record prior to submission to the secretary/clerk of the respective board. The ordinance approved at fIrst reading also contains the requirement for the same type of disclosure for any consideration provided or committed for an agreement to support or object to said applications. This provision broadens the disclosure requirements to include agreements to object, not to object, or to support said applications. The City Attorney's Office has drafted additional language to address the following: a) Penalties for non-compliance Penalties for failing to satisfy the disclosure requirement would be the immediate nullification of the application or order, and a restriction on re-application fro:n said person or entity for the period of one year. This provision was added to the ordinance at fIrst reading, and is shown as shaded text in the body of the ordinance before the Commission today. b) Clarification regarding professional services Additional amending language has also been added to the proposed ordinance which would clarify that the ordinance does not apply to payment for professional services. This provision is intended to ensure that, for example, applicants are not required to disclose the amount of money paid to attorneys and architects representing their projects. This provision is shown as italic text in the body of the ordinance before the Commission today. CONCLUSION Regarding the proposed amendment which is before the Commission today, the requirement for disclosure of consideration would encourage full and open public debate and ensure procedural integrity in the review process. Based on the foregoing, the Administration recommends that the Commission adopt, upon second reading public hearing, the proposed amending ordinance to Section 118-31 of the Code of the City of Miami Beach, Florida, including the additional amending language adding penalties for non-compliance and clarifying that the ordinance does not apply to payment for professional services. \11 JiY. ~\.. SR~\trd\RL \rl F;\PLAN\$ALL\CC _MEMOS\1368CMM2. WPD ORDINANCE NO. 98-3161 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 U8 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY CREATING SECTION 118-31 ENTITLED "DISCLOSURE REQUIREMENT" BY REQUIRING DISCLOSURE OF CONSIDERATION PROV1DED OR COMMITTED TO SUPPORT OR WITHHOLD OBJECTION TO A REQUESTED APPROVAL, RELIEF OR OTHER ACTION FROM THE PLANNING BOARD, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD (INCLUDING JOINT BOARD), OR BOARD OF ADJUSTMENT AND PROVIDING PENAL TIES FOR NONCOMPLIANCE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Commission of the City of Miami Beach desires to encourage open and full public debate and ensure procedural integrity with respect to review and consideration by the City's land use boards of applications and requests before same; WHEREAS, payments and other consideration paid to neighbors and potential objectors in order to reduce opposition to a land use application does not further the above described goal; and WHEREAS, to further the goal of full disclosure and integrity in the review process, and to allow members of the City's land use boards to receive all relevant information regarding an application, the City desires to impose a disclosure requirement on all parties requesting approval, relief or other action from the land use boards. NOW THEREFORE, BE IT ORDAINED BY THE l\'IA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 118-31, entitled "Disclosure requirement" of Chapter 118, entitled "Administration and Review Procedures," of the Code of the City of Miami Beach, Florida is hereby created as follows: Sec. 118-31. Disclosure requirement. Each person or entitv reQuestin~ approval. relief or other action from the plannin~ board. design review board. historic preservation board (including the joint design review board/historic preservation board), or the board of adjustment shall disclose. at the commencement (or continuance) of the public hearing(s). anv consideration provided or committed. directly or on its behalf. for an agreement to support or withhold objection to the requested approval. relief or action. excluding from this requirement consideration for legal or desi~n professional services rendered or to be rendered. The disclosure shall: (i) be in writing. (ii) indicate to whom the consideration has been provided or committed. (iii) ~eneraIlv describe the nature of the consideration. and (iv) be read into the record bv the requesting person or entity prior to submission to the secretarv/clerk of the respective board. Upon determination bv the applicable board that the foregoing disclosure requirement was not timelv satisfied by the person or entity requestin~ approval. relief or other action as provided above. then (i) the application or order. as applicable. shall immediatelv be deemed null and void without further force or effect. and (ii) no application from said person or entitv for the subiect propertv shall be reviewed or considered bv the applicable board( s) until expiration of a period of one (1) vear after the nullification of the ap~lication or order. It shall be unlawful to emplov anv device. scheme or artifice to circumvent the disclosure requirements of this Section 118-31 and such circumvention shall be deemed a violation of the disclosure requirements of this Section 118-31. SECTION 2. 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 3. 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. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 26th day of December ,1998. PASSED and ADOPTED this 16th day of December ,1998. AtEST:t1 kc:r Ycu~ CITY CLERK J/~I1.; hJ/ y i /lj! ;;;1 MAYOR DGF/BG FIA TTO\GRlJD10RDIDISREQ OR 7 APPROVED AS TO FORM & LANGUAGE & :=OR EXECUTION 1st reading 12/2/98 2nd reading 12/16/98 4fay t1::!f ~