_Add-on d)1 ORDINANCE NO. 2 ---------------
Add-on d)
. (Item #7 Revised)
Sponsored by Mayor Stoddard
Commission Meeting 10-15-13
3 An Ordinance amending Section SA-I, Subsection I of the City of
4 South Miami's Code of Ordinances to facilitate retention of design
5 professionals and to avoid conflicts on volunteer review boards.
6
7 WHEREAS, The City desires to keep design professionals on its volunteer review
8 boards; and
9
10 WHEREAS, Design professionals frequently obtain compensated work within the city
11 limits that creates potential conflicts with their board-assigned voting duties; and
12
13 WHEREAS, Florida Statute 112.3143 and the County Code of Ordinances Sec. 2-11.1
14 both prohibit board members from voting on conflicted matters, but do not require their removal
15 from the board itself; and
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17 WHEREAS, The City of Coral Gables, Florida Code of Ordinances includes language
18 that has withstood the test of time and which specifically addresses conflicts involving design
19 professionals and other board members in ways that would improve the function of board and
20 commission meetings in the City of South Miami.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. Section 8A-1, subsection I of the City of South Miami's Code of
26 Ordinances shall be amended to read as follows:
27
28 (1) Certain appearances and payment prohibited.
29
30 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before
31 any city board or agency and make a presentation on behalf of a third person with respect to any
32 matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other
33 benefit sought by the third person. Nor shall the person receive any compensation or gift, directly
34 or indirectly, for services rendered to a third person, who has applied for or is seeking some
35 benefit from the city or a city agency, in connection with the particular benefit sought by the
36 third person. Nor shall the person appear in any court or before any administrative tribunal as
37 counselor legal advisor to a party who seeks legal relief from the city or a city agency through
38 the suit in question.
39
40 (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before
41 the city commission or agency on which the person serves, either directly or through an
42 associate, and make a presentation on behalf of a third person with respect to any matter, license,
43 contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by
44 the third person. Nor shall such person receive any compensation or gift, directly or indirectly,
45 for services rendered to a third party who has applied for or is seeking some benefit from the city
1 commission or agency on which the person serves in connection with the particular benefit
2 sought by the third party. Nor shall the person appear in any court or before any administrative
3 tribunal as counselor legal advisor to a third party who seeks legal relief from the city
4 commission or agency on which such person serves through the suit in question.
5
6 (3) Notwithstanding anything contained in Chapter 8A to the contrary, nothing in Chapter 8A
7 This section shall fiBt-prohibit architects or other design professionals ("Design Professional")
8 who are serving without compensation on the-any of the City's architectural boards or
9 committees ("Board"), whose sole function is to pass on the aesthetics of plans submitted, such
10 as the Planning Board Environmental Review and Preservation Board, or Historic Preservation
11 Board from doing business with any person or entity who submits an application or appears in
12 person, or through representatives, before the Design Professional's Board nor to prevent the
13 Design Professional from filing submitting plans on behalf of his or her a client so long as such
14 members Design Professional discloses, in writing, to his or her Board and to the City Clerk
15 make lmovm their the Design Professional's relationship with the client representation of the
16 aPplicant and disqualifies himself or herself themselves from speaking,-er voting or otherwise
17 participating in any manner on such application and provided the Design Professional does not
18 lobby any city officer, elected or appointed official, city· employee or any other board,
19 commission,or committee, or members thereof. However, once an application has been
20 submitted to the city for board consideration, no person serving on the board, either directly or
21 through an associate or their firm, may be retained by any person, including the applicant, to
22 represent, appear, or make a presentation on behalf of the applicant or any other party on the
23 specific matter being considered by the board.
24
25
26
27 (4) No member of an advisory board or committee, autonomous board, or quasi-judicial board,
28 after deliberating, considering, ruling, or recommending on an application filed with the board or
29 committee upon which they serve, shall appear before a higher board or the city commission to
30 testify as an affected party. However, this section shall not prohibit the chairperson of a city
31 board or committee, or an appointed proxy, from appearing before the city commission to
32 provide the considered recommendation of that board or committee.
33
34 Section 2: Codification. The provisions of this ordinance shall become and be made
35 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
36 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
37 "ordinance" may be changed to "section" or other appropriate word.
38
39 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
40 for any reason held invalid or unconstitutional by a cOUli of competent jurisdiction, this holding
41 shall not affect the validity of the remaining portions of this ordinance.
42
43 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
44 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
45 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
46 that give the appearance of being in conflict when the two ordinances can be harmonized or
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when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Passed and adopted this __ t_h day of ___ , 2013.
ATTEST:
CITY CLERK
READ AND.APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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