2002-3377 Ordinance
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ORDINANCE NO. 2002-3377
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VII THEREOF, ENTITLED "STANDARDS OF
CONDUCT," BY AMENDING DIVISION 4, ENTITLED
"PROCUREMENT," BY AMENDING SECTION 2-486, ENTITLED "CONE
OF SILENCE"; SAID AMENDMENT PROVIDING FOR THE CREATION
OF A NEW SUBSECTION 2-486(d) AFFIRMATIVELY STATING THAT
THE REQUIREMENTS OF SECTION 2-11.1(t) OF THE CODE OF MIAMI-
DADE COUNTY, FLORIDA (THE COUNTY'S CONE OF SILENCE
ORDINANCE) SHALL NOT APPLY TO THE CITY OF MIAMI BEACH,
FLORIDA; PROVIDING FURTHER FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE; AND INSTRUCTING THE
CITY CLERK, FOLLOWING THE EFFECTIVE DATE OF THIS
ORDINANCE, TO TRANSMIT A COPY OF SAME TO THE MIAMI-DADE
COUNTY COMMISSION ON ETHICS.
WHEREAS, in 1999, the Miami-Dade County Commission approved an amendment to
Section 2-11.1 of the Code of Miami-Dade County, establishing Section 2-11.1(t) therein, the
County's "Cone of Silence" Ordinance, which was established on all County competitive selection
processes, including requests for proposals (RFP's), requests for qualifications (RFQ's), and bids
for the provision of goods and services, and audit and independent private sector inspector general
(IPSIG) contracts, to protect the integrity of the procurement process by shielding it from undue
influences prior to the recommendation of contract award; and
WHEREAS, on January 6, 1999, pursuant to the request of Commissioner Jose Smith, the
City of Miami Beach adopted Ordinance No, 99-3164, which established the City's "Cone of
Silence" Ordinance for the City's competitive bidding processes; the City's Cone of Silence
Ordinance, as adopted, is substantially similar to Miami-Dade County's Ordinance; and
WHEREAS, on January 29, 2002, the Miami-Dade County Commission approved certain
amendments to its Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, at the City Commission meeting on June 19, 2002, the County's amendments
were proposed by the City Administration and City Attorney's Office for incorporation as an
amendment to the City's Cone of Silence Ordinance; and
WHEREAS, after extensive discussion, it was deemed that the City's adoption and
incorporation of the County's amendments to the City of Miami Beach's Cone of Silence Ordinance
would not be in the best interest of the City; and
WHEREAS, the issue was referred to the City's Community Affairs Committee, with a
specific request that the City Attorney's Office contact the Miami-Dade County Commission on
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Ethics to determine whether the County's recent amendments to its Cone of Silence Ordinance were
binding upon the City of Miami Beach, or whether the City could choose to "opt out" of same; and
WHEREAS, following discussions with Robert Meyers, Executive Director, Miami-Dade
County Commission on Ethics, the City was advised that a recent amendment to the County's Cone
of Silence Ordinance, which became effective on or about October 5, 2001, provided that the
requirements of the County's Cone of Silence Ordinance (Section 2-11.l(t) of the County Code)
shall not apply to any municipality in Miami-Dade County that has adopted an ordinance providing
that the Cone of Silence shall not apply to that municipality, and that any municipality that so "opts
out" of the requirements of Section 2-11.l(t) shall provide the County's Ethics Commission with a
copy of said ordinance; and
WHEREAS, this "opt out" provision was not available at the time of adoption of the City's
Cone of Silence Ordinance in 1999; and
WHEREAS, accordingly, the City Manager and City Attorney's Office herein conclude that
the Mayor and City Commission may now, by enactment of this ordinance, "opt out" of the
requirements of the County's Cone of Silence Ordinance; and
WHEREAS, notwithstanding the Mayor and City Commission's determination herein to
"opt out" of the requirements of the County's Cone of Silence Ordinance, it is further recommended
by the City Manager and City Attorney's Office that the Mayor and City Commission herein
reaffirm, readopt, and continue to hold valid as law in the City of Miami Beach, the provisions of
the City's Cone of Silence Ordinance, as codified in Article VII, Division 4, Section 2-486 of the
Miami Beach City Code; and
WHEREAS, while herein determining that it is in the best interest of the City of Miami
Beach to "opt out" of the requirements of the County's Cone of Silence Ordinance, the Mayor and
City Commission herein still express a clear intent and policy to maintain the City's Cone of Silence
Ordinance, as codified in Article VII, Division 4, Section 2-486 ofthe Miami Beach City Code, and
reserve the right to make any and all future amendments thereto, as they deem necessary and
advisable,
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. SECTION 2-486 ofDMSION 4 OF ARTICLE VII, OF CHAPTER 2 OF THE
MIAMI BEACH CITY CODE is hereby amended to create a new subsection entitled: Subsection
2-486(d) as follows:
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Article VII. Standards of Conduct.
DIVISION 4. PROCUREMENT
Section 2.486.
Cone of Silence
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SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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 10th day of August, 2002, which is ten (10)
days after adoption. Upon the effective date of this Ordinance, the City Clerk shall provide the
Miami-Dade County Commission on Ethics with a certified copy of this Ordinance.
PASSED AND ADOPTED this 31st dayof
ATTEST:
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APPROVEDMlO
FORM & lANGUAGE
& FOR EXECUTION
p:\ATI'O'U.lL\8EVII.AlJL'ORDDVoNC'CONSlu./C,WI'D
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer
Members of the City Commission
DATE: July 31, 2002
FROM:
Murray H. Dubbin ~
City Attorney
Jorge M. Gonzalez, _.,(""
City Manager d"" U
SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION, OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VII, DIVISION 4, SECTION 2-486, THE CITY'S "CONE OF SILENCE"
ORDINANCE, TO AFFIRMATIVELY "OPT OUT" OF THE
REQUIREMENTS OF SECTION 2-11.1(t) OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA (THE COUNTY'S "CONE OF SILENCE"
ORDINANCE).
In 1999, the Miami-Dade County Commission approved an amendment to Section 2-11.1
of the Code of Miami-Dade County, establishing in Section 2-11.1(t) therein, the County's "Cone
of Silence" Ordinance, which was established on all County competitive selection processes,
including RFP's, RFQ's, and bids for the provision of goods and services, as well as audit and
independent private sector general (IPSIG) contracts, to protect the integrity of the procurement
process by shielding it from undue influences prior to the recommendation of contract awards.
On January 6,1999, pursuant to the request of Commissioner Jose Smith, the City of Miami
Beach adopted Ordinance No, 99-3164, which established the City's "Cone of Silence" Ordinance
for City competitive bidding processes. The City's Ordinance, as adopted, is substantially similar
to the County's Ordinance.
On January 29, 2002, the Miami-Dade County Commission approved certain amendments
to its Cone of Silence Ordinance, with an effective date of February 8, 2002, These amendments
were presented by the Administration and City Attorney's Office to the Mayor and City Commission
at its regular meeting on June 19,2002, for incorporation as an amendment to the City's Cone of
. Agenda Item 11~-8
1700 Convention Center Drive - Fourth Floor - Miami Be "3/ "I
Date 7- '-0......
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Silence Ordinance. After extensive discussion, the Mayor and City Commission deemed that
adoption and incorporation by the City of the County's amendments would not be in the best
interest of the City, The question was asked of the City Attorney's Office, and the issue referred to
the Community Affairs Committee, as to whether the County's recent amendments to its Cone of
Silence Ordinance were binding upon the City of Miami Beach, or whether the City could choose
to "opt out" of same; thereby effectively keeping the City's Cone of Silence Ordinance intact, and
leaving the Mayor and City Commission free to incorporate amendments to the City Ordinance in
the future, as deemed in the best interest of the City.
Following the Community Affairs Committee meeting, the City Attorney's Office had
discussions with Mr. Robert Meyers, Executive Director, Miami-Dade County Commission on
Ethics. Mr. Meyers advised the City Attorney's Office that another recent amendment to the
County's Cone of Silence Ordinance, which became effective on or about October 5, 2001 (and
which the City was heretofore unaware of), provided that the requirements of the County's Cone of
Silence shall not apply to any municipality in Miami-Dade County that has adopted an ordinance
providing that the Cone of Silence shall not apply to that municipality. Therefore, as of October 5,
2001, a municipality could effectively "opt out" from being bound by the County's Cone of Silence
Ordinance by adopting an ordinance to that effect.
Accordingly, at the Mayor and City Commission's directive following the June 19,2002 City
Commission meeting, and pursuant to the research compiled by the City Attorney's Office, the City
Manager and City Attorney's Office herein conclude that the City may now, by enactment of the
attached Ordinance, "opt out" of the requirements of the County's Cone of Silence Ordinance.
Notwithstanding the City's decision to "opt out" of the County's Cone of Silence Ordinance, the
City Manager and City Attorney's Office would further recommend that the Mayor and City
Commission reaffirm and readopt and continue to hold as binding law in the City of Miami Beach,
the City's Cone of Silence Ordinance, as currently codified in Article VIT, Division 4, Section 2-486
of the Miami Beach City Code, This Ordinance does not, and would not, include any of the recent
proposed amendments to the County's Cone of Silence Ordinance that the City Commission had
heretofore determined would not be in the best interest ofthe City,
It is therefore recommended that the Mayor and City Commission adopt the attached
Ordinance on first reading. Upon second and final reading, and the effective date of said Ordinance,
the City Clerk will transmit a copy of said Ordinance to the Miami-Dade County Commission on
Ethics expressing the City's policy.
f'\An<JIj,ALL\BEV\RAUL~SIUO.wPO
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given that public hearings wiil be held by the Mayor and City Commission of the City of Mieml Beach, Florida, In the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 31, 2002, at the times listed below, to consider the
following on first reading:
at 10:35 e.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2. DIVISION 3, SECTiON 2.485 THEREOF ENTlTLEO "UST OF EXPENOrTURES; FEE DISCLDSURE;
REPORTING REDUIREMENTS," REQUIRING ANNUAL DISCLOSURE BY LDBBYISTS DF COMPENSATION RECEIVED FOR THE PRECEDING YEAR. AND EXEMPTING
FROM THE FEE DISCLOSURE REQUIREMENTS PERSDNS LDBBYING ON BEHALF QF NDN.PROFIT ENTITIES WITHOUT COMPENSATION FDR SAID APPEARANCE;
PROVIDING FOR REPEALER, SEVERABILITY, CDDIACATION, AND EFFECTIVE DATE.
at 10:40 a,m.:
AN ORDINANCE AMENDING CHAPTER 2 DF THE MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VII THEREOF, ENTITLED
"STANDARDS OF CQNDUCT," BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT," BY AMENDING SECTIQN 2.486, ENTlTLEO 'CONE OF SILENCE"; SAID
AMENDMENT PROVIDING FOR THE CREATION OF A NEW SUBSECTION 2.486(D) AFFIRMATIVELY STATING THAT THE REQUIREMENTS OF SECTION 2.11.1 (T) OF
THE CQDE OF MIAMI. DADE COUNTY, FLORIDA (THE COUNTY'S CONE OF SILENCE ORDINANCE) SHALL NOT APPLY TO THE CITY OF MIAMI BEACH, FlORIDA;
PROVIDING FURTHER FOR REPEALER; SEVERABILITY; CODIFICATION, AND AN EFFECTIVE DATE; AND INSTRUCTING THE CITY CLERK, FOLLDWING THE
EFFECTIVE DATE OF THIS DRDINANCE, TO TRANSMIT A COPY OF SAME TO THE MIAMI.DADE COUNTY CDMMISSlDN ON ETHICS.
at 10:45 e.m.:
AN OROINANCE AMENDING CHAPTER 2 DF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII THEREOF,
ENTITLED "STANDARDS OF CONDUCT", BY AMENDING OIVISION 4, ENTITLED "PROCUREMENT', BY AMENDING SECTIDN 2.486, ENTITLED 'CONE DF
SILENCE"; SAID AMENOMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATlDNS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR
QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYDR AND CITY CDMMISSIDNERS AND THEIR RESPECTIVE STAFF AND ANY
PDTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FDR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Leoal Department at (305) 673.7470.
et 5:01 p.m.: .
AN ORDiNANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE DF THE CITY QF MIAMI BEACH, FLORIDA. CHAPTER 142,
"ZONING DISTRICTS AND REGULATiONS," DIVISIDN 2, "RS.l, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL DISTRICT"; SECTION 142.105 "OEVELDPMENT
REGULATIONS AND REQUIREMENTS," BY INCLUDING LOT CDVERAGE ANO STRUCTURE SIZE REQUIREMENTS; SECTION 142.106 "SETBACK REQUIREMENTS
FOR SINGLE-FAMILY DETACHED DWELUNG" BY MODIFYING SETBACK REQUIREMENTS; DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS"; SECTION
142.1132 "ALLOWABLE ENCROACHMENTS," BY MODIFYING THE REGULATIDNS FDR ACCESSORY 8UILDINGS IN SINGLE FAMILY DISTRICTS; DIVISION 5,
"HEIGHT REGULATIONS," SECTION 142,1161 "HEIGHT REGULATIONS EXCEPTIONS," BY CLARIFYING EXCEPTIONS IN SINGLE.FAMILY DISTRICTS; PROVIDING
COOIFICATIDN, REPEALER, APPUCABILlTY. SEVERABiLITY. AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673.7550.
ALL INTERESTEO PARTIES are inv~ed to appaar at this meeting, or be represented by an egent, or to exprese their views In wrtl1ng addressed to the
City Commission, c/o the City Clerk, 1700 Convention Centllf Dr~e, 181 Aoor, City Hell, Miami Beech, Florida 33139. Copies of these o.llllnances are evallable ,;
for pUbilc inspection during nonnel business hours In the City Clerk's Dfflce, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances addltlonellegal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beech
Pursuant to Section 2B6.01 05, Aa. Stat., the City hereby edvlses the public that n a person decides to appeeleny decision made by the City Commission wi1h
respect to any matter considered at its meeting or Its heerlng, such person must ensure that a verllet1m record of the proceedings Is made, which record
Includes the testimony and evidence upon which the appeal Is to be based. This notice does not constlltrte consent by the City for the Introduction or admission
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Dlsebllities Act of 1990, persons needil19 special accommodation to participate In this proceeding should contact the
City Clerk's office no later than four deys prior to the proceeding, telephone (305) 673.7411 for assistance; n hearing Impaired, telephone the Florida Reley
Service numbers, (BOO) 955.8771 (TDO) or (BOO) 955.8770 (VOICE), for assistance.
(AdIt0121)
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