HomeMy WebLinkAbout2006-3500 OrdinanceORDINANCE NO. 2006-3500
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE III, DIVISION 2, ENTITLED: "THE
BARRIER-FREE ENVIRONMENT COMMITTEE", SECTION 2-31
THEREOF SO AS TO CHANGE THE NAME OF THE COMMITTEE
FROM "BARRIER-FREE ENVIRONMENT COMMITTEE" TO
"DISABILITY ACCESS COMMITTEE"; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
iWHEREAS, at its September 26, 2005, the Barrier-Free Environment Committee
approVed a resolution to change the Committee's name to the "Disability Access
Committee" because the Committee believes that its current name is too vague and
general, resulting in negative consequences; and
WHEREAS, these negative consequences 'include membership recruitment
proble~ns, because residents and business owners who might otherwise wish to be
appointed to the Committee do not complete applications for appointment because they do
not kn()w what the Committee's mission is; and
WHEREAS, these negative consequences also include difficulty in attracting
members of the general public to the Committee's meetings, and input from the local
community helps the City to formulate policies and programs of benefit to residents and
visitors with disabilities, and without the benefit of this input, one of the Committee's
functiohs cannot be fully realized.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
COTY DF MIAMI BEACH, FLORIDA that Miami Beach Code Chapter 2, Article III, Division
2, ent,/led "Barrier-Free Environment Committee", Section 2-31 thereof, is hereby
amended to read as follows:
DlVlSI{::)N 2. BARRIER-FREE EMV!RO.M.~EMT DISABILITY ACCESS COMMITTEE
Sec. 2-31. Established; purpose; composition.
(a) Established. There is hereby established the b~rricr free c,-.?o.-.mc.-,t disability
access~committee, whose purposes, power and duties, composition, membership
qualific,~tion and general governing regulations are as set forth in this section.
(b) ~'urpose. The purpose of this committee is to review, formulate and coordinate
information, suggestions, proposals and plans and to address complaints from the general
public to provide more conveniently accessible facilities, public buildings, streets, sidewalks
T:V~,GENDA~006~jan1106\consent\BFEC name change ordinance.doc
and programs for the persons with disabilities in the city. The committee, in the context of
this transition plan, is consulted with in terms of prioritization of accessibility-related
improvements to city facilities. The priorities are in terms of both the order of which facilities
to modify, and also the particular improvements to each respective facility. The committee
may provide accessibility-related input to the following departments: building services,
recreation, culture and parks, police and code compliance.
(c) Powers and duties. See subsection (b) of this section.
(d) Composition. The b~rrler-free environment disability access committee shall be
composed of seven voting members who shall be direct appointees by the mayor and city
commissioners. A quorum shall consist of three members. Formal action of the board shall
require at least three votes. Consideration shall be given, but not limited to, the following
categories: persons having mobility impairment; deaf and/or hard-of-hearing persons in the
community; blind and/or vision-impaired persons in the community; mental, cognitive or
developmental disabilities; and the industries of tourism and convention, retail, hospitality
(restaurant or hotel), and health care (or rehabilitation). The city attorney's office shall
provide legal counsel.
(e) Knowledge and experience. All appointments shall be made on the basis of civic
pride, integrity, experience and interest' in the needs of persons with disabilities.
Consideration shall be given but not limited to recommendations solicited by the city
commission from associations to be specified by the b~rrier-free environment disability
access committee at a later date.
(f) Supporting department. The supporting department of the committee is public works.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be the same are herebY repealed.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutional,
such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity or constitutionality of the remaining portions of this
ordinance.
SECTION 4. 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
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changed to "section", "article" or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 21st
· day of
January
,2006.
PASSED and ADOPTED this
ATTEST:
llth day of
Jan~ /~ , ~006.
David Dermer
CITY CLERK
Robert Parcher
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APPROVED A9 TO
FORM & LANGUAGE
& FOR EXECUTION
Condensed Title:
COMMISSION ITEM SUMMARY
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending
Division 2, Entitled "The Barrier-Free Environment Committee"; Amending Section 2-31 Entitled
"Established; Purpose; Composition" by Changing the Committee's Name to "Disability Access
Committee."
Key Intended Outcome Supported:
IIncrease satisfaction with services.
community
City
Issue:
IShall the Commission adopt the ordinance?
Item Summary/Recommendation:
The Barrier-Free Environment Committee believes that the vagueness of its name contributes to
membership recruitment problems. Residents and business owners who might otherwise wish to be
appointed to the Committee do not complete applications for appointment because they do not know
what the Committee's mission is. This recruitment issue is of special importance to the Committee
because it currently has two open positions and, due to the term limitation of a current member, will
have a third on January 1,2006. Also, the Committee believes that its current ambiguous name is an
impediment to attracting members of the general public to its meetings. One of the Committee's
functions is to serve as a forum for the local disabled community, a resource which provides
invaluable input to the City. This input helps the City to formulate policies and programs of benefit to
residents and visitors with disabilities. On December 7, 2005 this item was approved on first reading
and a second reading was scheduled.
The Administration recommends adopting the Ordinance.
Advisory Board Recommendation:
I The BFEC is recommends adopting the Ordinance.
Financial Information:
Source of ~ i ::::~: :~:: AmOunt: :: : :.. :AcCount APProved
· : . . .
Funds: :: 1:::
: ·
·
OBPI ;': :::Total:
Financial. Impact Summary:
City Clerk's Office Legislative Tracking:
n-Offs:
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summary.doc
MiAMiBEACH
AGENDA ITEM
DATE J"' 11-0~,
MIA, MJB
H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez ,,~-7~ SECOND READING
January 11, 2006 ~j/~ PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING DIVISION 2, ENTITLED "THE BARRIER-
FREE ENVIRONMENT COMMITTEE"; AMENDING SECTION 2-31 ENTITLED
,ESTABLISHED;. PURPOSE; COMPOSITION" BY CHANGING THE
COMMITTEE'S NAME TO "DISABILITY ACCESS COMMITTEE."
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
At its September 26, 2005 meeting, the Barrier-Free Environment Committee approved a
resolution to change the Committee's name to the "Disability Access Committee." The
Committee believes that its current name is too vague and general. This has resulted in
negative consequences as described below.
The Committee believes that the vagueness of its name contributes to membership
recruitment problems. Residents and business owners who might otherwise wish to be
appointed to the Committee do not complete applications for appointment because they do
not know what the Committee's mission is. This recruitment issue is of special importance to
the Committee because it currently has two open positions and, due to the term limitation of
a current member, will have a third on January 1, 2006. A lack of an adequate pool of
candidates for appointment will likely prolong the current membership deficit. This means
that the Committee will have to operate without the benefits of the knowledge and
experience of a full membership.
The Committee believes that its current ambiguous name is an impediment to attracting
members of the general public to its meetings. One of the Committee's functions is to serve
as a forum for the local disabled community, a resource which provides invaluable input to
the City. This input helps the City to formulate policies and programs of benefit to residents
and visitors with disabilities. Without the benefit of this input, one of the Committee's
functions cannot be fully realized. On December 7, 2005 this item was approved on first
reading, and second reading scheduled.
JMG/RCM/FHB/RTH
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami. Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive,
Miami Beach, Florida, on Wednesday, January 11, 2006, to consider the following:
10:15 a.m,
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By
Establishing The Classifications Of Bicycle Program Coordinator, Case Worker Ii, Chief Building-Code
Compliance Officer, Chief Fire Protection Analyst, Community Information Coordinator, Emergency
Management Coordinator, Environmental Resources Manager, Film & Event Production Manager, Grants And
Operations Administrator, Labor Relations Director, Labor Relations Specialist, Landscape Projects
Coordinator, Management Consultant, Media Assistant, Neighborhood Services Projects Administrator, Park
Facility Manager, Radio Systems Administrator, Senior Management Consultant, Senior Network
Administrator, Senior Systems Analyst, Senior Systems Administrator, Senior Telecommunications
Specialist, Systems Administrator, Systems Analyst, Telecommunications Specialist, Traffic Engineer,
Transportation Manager, Truancy Preventation Program Coordinator, Urban Forester, And Voip Network
Administrator; Amending The Title And Grade Of The Classification Of Labor RelaUons Director And Grades
Of The Classifications Of Network Administrator, Procurement Coordinator And Senior Procurement
Specialist.
inquiries may be directed to the Human Resources Department at (305) 673-7520.
1'0:20 a.m.
C'An Ordinance Amending Division 2, Entitled "The Barrier-Free Environment Committee"; Amending Section
2-31 Entitled "Established; Purpose; Composition" By Changing The Committee's Name To "Disability
Access Committee".
Inquiries may be directed to the Public Works Department at (305) 673-7080.
10:25 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By
Amending Chapter 118, "Administration And Review Procedures," Article VI, "Design Review Procedures"
By Clarifying The Scope Of Review Of The Design Review Board As It Pertains To Single Family Homes And
Townhomes.
Inquiries may be directed to the Planning Department at (305) 673-7550.
5:01 p,m,
An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV,
Entitled "Noise," By Amending Section 46-151, Entitled "Definitions," To Provide New Terms And Definitions
And Deleting Certain Terms And Definitions; Amending Section 46-152, EntiUed "Unreasonably Loud Noise
Prohibited," By AmendingThe Title And Adopting Section 21 - 28 Of The Code Of Miami-Dade County By
Reference; Amending Section 46-153, Entitled "Responsibility For Compliance," By Amending The
Provisions Thereof; Repealing Section 46-154, Entitled "Noise Level 'In Specific Area"; Repealing Section
46-155, Entitled "Additional Sound Limitations For Public Property"; Amending Section 46-156, Entitled
"Temporary Permits," By Expanding The Prohibited Areas For Construction Noise To Within 300 Feet Of
Certain Districts And Amending The Exemptions For Special Events And Film Permits; Amending Section 46-
157, Entitled "Exemptions," And By Deleting Subsection (11) And Amending The Provisions Thereof;
Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation," By Amending
The Procedures For Enforcement And Warnings; Amending Section 46-15g, Entitled "Civil Fines For
Violation; Appeals," By Amending The Fines And Penalties For Violations, The Appeal Procedures,.And The
Alternate Means Of Enforcement; Amending And Renumbering Section 46-160, Entitled "Nuisance," As
Section 46-161, And Renaming Section 46-160 As "Relief From Violations For Sound Systems And
Compliance" And Creating Provisions Therefore; Amending And Renumbering Section 46-161, Entitled
"Motor Vehicle Alarms"As Section 46-162 Which Is Hereby Created.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express
their views in wdUng addressed to the City Commission, c/o the City Clerk, 1700 ConvenUon Center Drive,
1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor,
City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances
additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting or
its hearing, such person must ensure that a verbatim 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 constitute
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.
To request this material in accessible format, sign language interpreters, information on access for persons
with disabilities, and/or any accommodation to review any document or participate in any city-sponsored
proceeding, please contact (305) 604-2489 (voice), (305)673-72180TY) five days in advance to initiate
your request. TTY users may also call 711 (Florida Relay Service).
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