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:
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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.
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SECTION 7. SEVERABILITY.
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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
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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#
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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.
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