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Ord No 04-22-2425ORDINANCE NO. 04-22-2425 An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA titled "CODE OF ETHICS", Section SA-5. titled "Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties." to provide exceptions for design professionals serving on City Boards. WHEREAS, there appears to be a conflict between Section BA-l and Section BA-5; and WHEREAS, Section BA-l(I)(3) provides: (3) Notwithstanding anything contained in chapter BA to the contrary, nothing in chapter BA shall prohibit architects or other design professionals ("design professional") who are serving without compensation on any of the city's architectural boards or committees ("board"), whose sole function is to pass on the aesthetics of plans submitted, such as environmental review and preservation board, or historic preservation board from doing business with any person or entity who submits an application or appears in person, or through representatives, before the design professional's board nor to prevent the design professional from filing plans on behalf of his or her client so long as such design professional discloses, in writing, to his or her board and to the city clerk the design professional's relationship with the client and disqualifies himself or herself from speaking, voting or otherwise participating in any manner on such application and provided the design professional does not lobby any city officer, elected or appointed official, city employee or any other board, commission or committee, or members thereof. However, once an application has been submitted to the city for board consideration, no person serving on the board, either directly or through an associate or their firm, may be retained by any person, including the applicant, to represent, appear, or make a presentation on behalf of the applicant or any other party on the specific matter being considered by the board. ; and WHEREAS, Section BA-5(g) provides: (g) Prohibition on appointment of lobbyists to boards and committees. No person who is required to register with the city clerk as a lobbyist shall serve on any board or committee of the city. Any person who is required to register as a lobbyist subsequent to being appointed to a board or committee shall be disqualified from participating on the board or committee from the date that the person knew, or reasonably should have known, that he or she was required to register. No person shall be appointed to a board or committee for a period of nine (9) months from the time the person files a statement with the city clerk withdrawing his or her registration as a lobbyist. The penalty provisions of subsection (f) shall apply to any lobbyist who violates this prohibition. ; and Page 1 of3 Ord. No. 04-22-2425 WHEREAS, an architect or engineer who appears before a quasi-judicial board is normally not considered to be a lobbyist. However, the City enacted Section 2-2.1(0)(2) that allows ex parte communication and the Miami-Dade County Commission on Ethics has ruled that any municipality that enacted such a provision must treat all architects and engineers who appear before a quasi-judicial board, such as the ERPB and the Historic Preservation Board, as a lobbyist; and WHEREAS, Miami-Dade County does not bar lobbyists from sitting on County boards; and WHEREAS, Section SA-S(g) is more restrictive than the County ethics code; and WHEREAS, Section 20-6.1(C) establishes the City's Environmental Review and Preservation Board (ERPB) and Section 20-6.1(0) establishes the Historic Preservation Board and both Sections requires that some of the members must be design professionals such as architects and engineers; and WHEREAS, the City desires to amend Chapter SA, Section SA-S. of the Code of Ordinances to clarify that design professionals are exceptions to the definition of lobbyists as that term is used in Section SA-S. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Chapter SA titled "CODE OF ETHICS", Section SA-S. titled "Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties.", of the City of South Miami's Code of Ordinances is hereby amended and shall read as follows: Chapter SA -CODE OF ETHICS * * * Sec. SA-s. -Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties. * * * (g) Prohibition on appointment of lobbyists to boards and committees. No person who is required to register with the city clerk as a lobbyist, other than professionals who prepare documents or provide expert advice in their field of expertise, such as architects and engineers and consultants who interpret plans. (Design Professional), shall serve on any board or committee of the city. Any person who is required to register as a lobbyistL other than Design Professionals, subsequent to being appointed to a board or committee shall be disqualified from participating on the board or committee from the date that the person knew, or reasonably should have known, that he or she was required to register. No person. other than Design Professionals. shall be appointed to a board or committee for a period of nine (9) months from the time the person files a statement with the city clerk withdrawing his or her registration as a lobbyist. The penalty provisions of subsection (f) shall apply to any lobbyist who violates this prohibition. Page 2 of3 Ord. No. 04-22-2425 * * * Section 3. Corrections. Conforming language or technical scrivene r·type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance for signature. Section 4. Codification. The provi sion s of this ordinance are to become and be made part of the City of South Miami Code of Ordinances as amended; the sections of thi s ordinance may be renumbered or re-Iettered to accompli sh such intention; and the word "ordinance" may be changed to "section" or other appropriate word. Section S. Severability. If any sec tion, clau se, se nten ce, or phra se of this ordinance is for any reason held invalid or unconstitutional by a court of competent juri sdiction, thi s holding will not affect the validity ofthe remaining portion s ofthi s ordinance. Section 6. Ordinances in Conflict. All ordinance s or parts of ordinance s and all sec tions and parts of sect ion s of ordinances in direct conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance is effective upon enactment. PASSED AND ENACTED thi s 1st da y of March, 2 022 . ATIEST: APPROVED: CITY C&RK 25 ~4/!3~~ MAYOR / ;/ 1st Reading: 2/15 /22 2nd Reading: 3/1/22 READ AND APPROVED AS TO FORM , LANGUAGE G Page 3 of3 COMMISS ION VOTE: Mayor Philip s: Commissioner Gil: Commi ss ioner Harri s: Commi ss ioner Liebman: Commi ss ioner Corey: 5-0 Yea Yea Yea Yea Yea Agenda Item No:9. City Commission Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Code of Ordinances, Chapter 8A titled “CODE OF ETHICS”, Section 8A-5. titled “Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties.” to provide exceptions for design professionals serving on City Boards. 3/5 (City Attorney) Suggested Action: Attachments: Ord_amending_Sec._8A-5__Lobbyists__prohibited_on_Bds (2).docx MH Ad.pdf MDBR Ad.pdf 1 SUNDAY FEBRUARY 20 2022 NEIGHBORS ...................................................................................................19SE 6 CITY OF SOUTH MIAMI. FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time. 10 proIBctthe health, safety and welfare of its citizens, officers, officials and administrative stall'. and pursuant City of South Miami CodB, Chapter 286.011. Ra. Stat, the Cily's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus. the City will be holding its City Commission Meetingliw in chambers and ViRTUALlY through communications media technology (GMT) until the state of emergency has ended or social distancing is no longer required by any relevant Exscutive Orders. All Commission members will participate in Chambers or by video confilrencinglhrough the Zoom platform and members of the public may join the mll&ting via Zoom at (https:l!zoom,usli/30568363381 and participate. At a minimum, at least three members of the City Commission will be physically pr89llnt in the City Commission Chambers1 and theywill be broadcast on the Zoom platform along with all other members of the Commission, City Sta:ff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled 10 begin on l'DIHP M.reb I _117:00 UL to consider the following public hearing item(s): A Resolution approving and authorizing the CIty Manager to execute a three-year collective bargaining agreement (Omcers and Sergeants) between the Florida Slate lodge, Fraternal Order of Police, Inc. (FOP) and the City of Sooth MiamI. An Ordinance granting a franchise agreement to InsHe Martin Outdoor, llC dba Insite Street Media for Bus Bench Advertising and Services. An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA tRied ''CODE OF ETHICS-, Section 8A5. titled -lobbyists; registration, reporting, fees, exemptions, expendRures, and penaHies. -to provide exceptions for design professionals serving on City Boards. An Ordinance amending the ChaplBr 20, Section 2().6.1 (C) of the City of Sooth Miami's land Development Code 10 provide exceptions forthe residency requirements and 10 r&Sem membership seats for design professionals. H)Vu desire to present evidence or you are unable to use ZOom, there are procedures to follow and other options available Including a dedicated phone line to listen and participate In the meeting and limited public attendance, al of which Is set forth In the meeting notice posted at CIty Hall and at htlo:lIwww..!ioUlhmlamln.govl580/PubllpMeffitngs-Nottcos.An)Vne who wishes to review pending application, supporting documentation orwho desire to have documents made available forviewing byeveryone during the meeting must contact the City Clark by calling 305-663-6340. NoI8that pursuanllll Rorida Statutes 286.0105, a per!OII who dl!Jcicll!Js III appeal any decision made by I Board, Agency or Commission with respact III any matter coosldered at Its meetll'CI or hearll'Cl, I recortl of the proceedings wi be required for said appeal and SIIch person will be reqlEd to haw a verbatim transcript of tll& proctllldings in~ IhII tBstill1lll)' and BVidIInce ....... which the appeal is to bII basIKI. MJk. To request a mocIIIcatIon to a policy, PRCllce or ~ or to request an aLdaJy aide or service .-a artier to partlclpate.-a a aty program, activity or MIlt, you must on or blfDre 4:00 p.m. 3 business days blllDre IhII 0lIl_ (not counting the day afthlll1JllBti~) delivBr)'IU raquBStIll IhIIIl\y DIIIk by telephone: 3O~1I3-8340, bV IT&I at 6130 SUnllBl DrIve, South MIIl~ Florida or email atnp¥eOaouthmlamlli.gDII. 1 The minimum standards for adopting a resoIulon or enacU~ an onIlnance are XI Iorth.-a 166.041(4)"" A ~rIty of1he members oI1he governing body shall cooslilute I quol1lll. An allirmaliWlWlB of a majorityof a CJlORID prB!IIrt is nIICIISSIIryto enact anyordinance or adopt any rEI!1WIiDn. _. CITY OF MIAMI. FLORIDA Nu'g' A."", •• CIIC. FCRI a~ Cl,rk NOTICE OF SPECIAL CITY COMMISSION MEETING e"· ,~; ".' ~ Purwuant to IIlaml CIty Comm .... on Reeolutlon R-22-0070, .dopted on Febrllllry 7, 2022, •• pec .. 1 meeting of the Miami CiIJ Commiuion will'" h.ld on Friday-, FaliN.". 25, 2022" at 12:00 p.m. in thll City Commilillion ch.mb .... located at Mi.mi Cit,. Hall, asoo Pan Am.rican Dr, Miami, FL 33133. The purpose of the special meeting will be to oonsider and take any and all action' relate<! to the redi&!ricting of City Commission di!Slricts including but not limited to the drafting of anY related maps and bounderig No business shall be conducted, or a vote taken at a Special City Commillllion Meeting on buslnen other than the subJect(s) for which the spacial meeting 18 called. The February 25, 2022 Special City Commisaion Meeting will be broadcaet live for members of the public to view on the City's website (www.miamigov.comltv).Facebook.TwiHer. YouTube, and Channel 77 (Comcast only for residents living in the City of Miami). For your information, public comment on the agenda item(s) to be heard at this special meeting can be submilled via an online comment form and will be disb'ibuted to the Elected Officials and City Administration and made part of the public record. The deadline to submit public comment via the online comment form will occur when the Chairperson closes public comment for the special meeUng. Public comment on the agenda item(s) to be heard at this special meeting may also be providec:llive at City Hall, 3500 Pan American Drive, Miami, Florida, subiect to any and all rules and procedures as the City may implement or amend. Please be advised that COVlD-19 safety measures have been Implemented for the health, safety, and weHare of the public that want to aHend and partlclpata and may be amended u nec811118ry. Such measures Include reinstalling the plexlglus dMders on the dais, providing a tent and chairs lor lBIavIIIlon streaming of the special meeting outside City Hall, providing a laptop In the City Hall lobby that can be used for public comment, and requiring masks be worn while Inside City Hall. Public comment will begin III: approximately 12:00 p.m. -Please visit htlpl;tJwww ml,mlgov ggmlmMllngtnllrudlpDI for detailed InstrucUons on how to provide public comment using the online public comment form.- A copy of the agenda for the Special City Commission Meeting will be available at: htIp·Umt,mm tgm2.com/CIHZlnlf DeIIylt IIPX Should any person deaire to appeal any decision of the City Commission with reapect to any maHer to be considered at this special meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be build (F.S. 288.0105). In accordance with the Americans with Disabilitiea Act of 1990, persons needing special accommodations to participate in this proceeding may contac:t the Office of the City Clerk at (305) 250-5381 (Voice) no later than two (2) bueineaa day prior to the proceeding. TTY users may call via 711 (Florida Relay Service) no IaIIIr than two (2) busineas day prior to the proceeding. Ad No. 38487 Todd B. Hannon City Clerk .It Public Notice NOTICE IS GIVEN that Public Meetings for the development of the Fiscal Year 2022-23 Budget. including Taxes and Fees. are scheduled to be held on: • Tuesday, February 22, 2022, beginning at 6:00 PM • Thursday, February 24, 2022, beginning at 6:00 PM To discuss and solicit public input on proposed budget, tax rates and fee changes. On each of these meetings the Office of Management and Budget will make a presentation to discuss the development of FY 2022-23 Budget. These meetings will only be held virtually utilizing communications media technology. Interested parties may: (1) join a Zoom meeting to speak, or view the meeting by registering in advance of the meeting to avoid delays (lDDm registration will be available beginning February 15, 2022 at the following links) at: • for the meeting on Tuesday, February 22, 2022 hHps:llmiamidade.livelPublicMeetingFeb22 • for the meeting on Thursday. February 24. 2022 hHps:llmiamidade.livelPublicMeetingFeb24 (2) call in live by phone to speak or to listen to the meeting by registering in advance of the meeting to avoid delays by calling 305-375-5371 (3) view a live broadcast on Miami-Dade Television; (4) after the meeting. view an archived copy of the meeting at www.miamidade.gov/webcasling: or (5) if you are hearing impaired. you may join the meeting using Florida Relay Service by dialing 711 on your telephone. Closed captioning will be available for all meetings. All interested parties may appear and be heard at the time and place specified. Miami-Dade County provides equal access and equal opportunity in its programs, services and activities and does not discriminate on the basis of disability. If you have any questions or require additional information regarding the virtual meeting, please call the Office of Management and Budget at 305-375-5143. For material in alternate format, a sign language interpreter, Communication Access Real-time Translation (CART) services. and/or any accommodation to participate in any County-sponsored program or meeting. please call 305-375-5143 or send an e-mail to: charalambos.flevaris@ miamidade.gov at least five days in advance of the meeting. For legal ads online, go to hItp:Jnegalads.miamidade.gov MIAMI -DADE STAT E OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she is the DIRECTOR OF OPERATIONS, Leg al Notices of the Miami Daily Business Review '11<1a Mia mi Review, a daily (except Saturday , Sunda y and Legal H oli days) newspaper, published al Miami in Miami -Dad e County , Florida ; th at the attached copy of adve rt isemen t, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARINGS -MAR . 1, 2022 in the XXXX Court, was published in said newspaper by p rint in the issues of and/or by publication on the newspaper's website , if authorized , on 0211812022 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50 , Florida Statutes . Swo 0 and su bscribe d before me this 16 day of FEBRUARY , A.D. 2022 (SEAL) GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In orde r to balance the need fo r the City of South Miam i to function and conduct vital bu si ness during the COVIO 19 pandemic and, at the same lime, to protect the heaJth, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.Q11, Fla. Stat, the City's Home Aule Powers, and City Manager's declaration of a state of emergency due 10 the Coronav iru s, the City will be holding its City Commission Meeting live in chambers and VIRTUAllY through communi cations media technology (CMl) un ti l the state of emergency ha s ended 01" social distancing is no longer requi red by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom al (n!1Qs:J/zoom .usli/3056S36338) and participate. AI a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Co mmission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. March 1, 2022 at 7:00 p.m. to consider the following public hearing Item(sl: A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Officers and Sergeants) between the ROOda State Lodge, Fratemal Order of POlice, Inc. (FO P) and th e City of South MIamI. All Ordinance granting a franchIse agreement to Insite Martin Outdoor, LLC dba Insite Street Media for Bus Bench Advertising and Services. All Ordinance am ending the City of South Miami Code of Ordinances, Cha pter SA titled 'CODE OF ETHICS', Sectio n SA-5. titled "lobbyists; registration , reporting, fees, eKemptioos, eKpeodit ures. and penalties.' to provide exceptIons for design professionals serving on City Boards. All Ordinance amending the Chapte r 20, Section 20-6.1 {Cl of the City of South Miami's Land Development Code to provide exceptions for the residency requ irements and to reserve membership seats for design professionals. 7 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she Is the DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily Bus iness Rev iew Uk/a MIami Review, a daily (except Sat urday , Sunday and l egal Holidays) newspaper, published al Miami in Miami-Dade County , Florida ; thai the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MI AMI-PUBLIC HEARINGS -MAR . 1, 2022 In the XXXX Court, was published in said newspaper by print in the issues of andlor by publication on the newspaper's website , If authorized , on 0211812 022 Affiant further says th ai the newspaper complies with all legal requirements for publ ication in chapte r 50 , Florida Statutes . Swo 0 and su bscribe d before me this 18 day of FEBRUARY. A .D . 2022 (S EAL) GUILLERMO GARCIA personalty known to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOnCE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vita l business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of Its citizens, officers, officials and admin istrative staff. and pursuant City of South Miami Code, Chapter 286.01 1, Fla . Stat, the City's Home Aule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding Its City Commi ssio n Meeting live In chambers and VIRTUAllY through co mmuni cations media technology (CMT) un ti l the state of emergency has ended or social distancing Is no longer requi red by any relevant Executive Orders. All Commission members will participate In Chambers or by video conferencing through the Zoom platform and members of the public may ;oin the meeting via Zoom al (bttps:llzoom .u s/ll3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platfonn along with all other members of the Commission, City Staff and the publ ic who may attend remotely from the Commission Chambers and from other locatfons . The meeting is scheduled to begin on Tuesday. March 1. 2022 at 7:00 p.m. to consider the following public hearing Item(s}: A Resolution approving and authorizing the City Manager to execute a three-year collective bargaining agreement (Officers and Sergeants) between the Rorida State Lodge , Fraternal Order of Police, In c. (FOP) and th e City of South Miami. An Ordinance granting a franchise agreement to Insite Martin Outdoor, LlC dba Insite Street Media for Bus Bench Advertising and Services. An Ordinance amending the City of South Miami Code of Ordinances, Chapter SA titled 'CODE OF ETHICS', Section SA·5. titled 'lobbyists; registration. reporting. fees, exemptions, expenditures., and penalties.' to provide exceptions for design professionals serving on City Boards. An Ordina nce amending the Chapte r 20, Section 20-6.1(C) of the City of South Miami's Land Development Code to provide exceptions for the residency requirements and to reserve membership seats for design professionals. • , cif-y of SOlr/tl M i am { If you de sire to present evidence or you are unable to~ use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at !!!m:!/ww_W......§Q!.It/J.miruDif!.gov/S80/Public-Meetings-Notices Anyone who wishes to review pending application, supporting documentation or who desire to have documents made availa bl e for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Aorida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing. a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a poli cy, practice or procedure or te request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayneOsouthmiamifl.gov. 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ••• A majority of the members of the governing body shall constitute a quorum. AIl affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution ..... 2/18 Nkenga A. Payne, CMC, FCRM Ci1y Cieri< 22-127/OOO0580299M 8 • , cify of $OLr/tl tJI i arYJ { If you desire to present evidence or you are unable to use Zoom. there are procedures to follow and other options available Including a dedIcated phone line to listen and partie/pate In the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www,souttlmilmit!..,gov/560/Publlc-Meetings-Noticrui. Anyone who wishes to review pending application, supporting documeotation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Aorida StaMas 286.0105, a person who decides 10 appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing. a record of the proceedings will be requIred for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evklence upon which the appeal is to be based. ADA; To request a modification to a policy, practice or proced ure or te request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or befo re 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerl< by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Aorida or email at npayne@southmiamifl.gov. 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ••• A maiority of the members of the governing body shall constitute a quorum . All affirmative vote of a majority of a quorum present Is necessary to enac t any ordinance or adopt any resolution ..... 2118 Nkenga A Payne, CMC, FCRM City Cieri< 22-12710000580299M