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2009-3635 OrdinanceORDINANCE NO. 2009-3635 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, OF THE MIAMI BEACH CITY CODE, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 32, ENTITLED "GAY, LESBIAN, BISEXUAL AND TRANSGENDER (GLBT) BUSINESS ENHANCEMENT COMMITTEE," AND SECTIONS 2-190.144 THROUGH 2-190.147 THERETO; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE; AND FURTHER EXTENDING THE TERM OF THE MAYOR'S GAY BUSINESS DEVELOPMENT AD HOC COMMITTEE UNTIL SUCH TIME AS THE INITIAL MEMBERS OF THE GLBT BUSINESS ENHANCEMENT COMMITTEE HAVE BEEN APPOINTED, AT WHICH TIME THE AD HOC COMMITTEE SHALL AUTOMATICALLY SUNSET. WHEREAS, the Mayor's Gay Business Development Committee (the GLBT Ad Hoc Committee) was created as an ad hoc committee whose mission statement is to provide the City Commission with recommendations on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the welfare and future of the Miami Beach gay, lesbian, bisexual and transgender (GLBT) community; and WHEREAS, since its first meeting on March 25, 2008, the GLBT Ad Hoc Committee has successfully addressed such issues as: introducing legislation, which was adopted by the City Commission, permitting the display of the Rainbow/Pride flag in the City of Miami Beach; supporting legislation, which was adopted by the City Commission, opposing the passage of Amendment 2 to the Florida Constitution; and assisting with the creation and coordination of the City's first ever annual Gay Pride event, which was held on April 18, 2009; and WHEREAS, in furtherance of its mission statement, as set forth above, the GLBT Ad Hoc Committee has expressed an interest in continuing to explore and develop GLBT issues and initiatives for presentation to, and consideration by, the Mayor and City Commission, and continuing to ensure the well being and quality of life of the City's GLBT community (particularly, as most recently discussed by the Committee in its ongoing review and subsequent recommendations to the Mayor and City Commission as to the continued support, strengthening, and improvements to the City's anti-discrimination, domestic partnership, and equal benefits legislation); and WHEREAS, at its regular meeting on February 24, 2009, the Committee unanimously passed a motion requesting that the Mayor and City Commission consider sunsetting the Mayor's (Ad Hoc) Gay Business Development Committee, and create a standing Committee in its stead, to be known as the City of Miami Beach Gay Lesbian Bisexual and Transgender Business Enhancement Committee (the GLBT Committee), whose purpose and mission statement would be the same as the GLBT Ad Hoc Committee; and WHEREAS, at its regular meeting on April 15, 2009, the City's Neighborhood/Community Affairs Committee endorsed the creation of a standing committee; and WHEREAS, accordingly, it is hereby recommended that the Mayor's Gay Business Development Committee be sunsetted, and that a new standing City committee, to be known as the "Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee," be created for the purpose of continuing to recommend and develop initiatives in the City regarding a variety of issues ensuring the welfare and future of the Miami Beach GLBT Community. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: Section 1. That Chapter 2, Article III, of the Miami Beach City Code is hereby amended to create Division 32 thereof, and Sections 2-190.144 through 2-190.147 thereto, as follows: DIVISION 31. GAY, LESBIAN, BISEXUAL AND TRANSGENDER (GLBT) BUSINESS ENHANCEMENT COMMITTEE Section 2-190.144. Committee Purpose. The purpose of the GLBT Business Enhancement Committee is to provide guidance and advice to the City Commission and the City Manager with recommendations on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the welfare and future of the Miami Beach GLBT Community. Section 2-190-145. Powers and Duties. The Committee shall make advisory recommendations to the City Commission and the City Manager on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the well being and quality of life of the Miami Beach GLBT Community. Section 2-190-146. Composition. The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (21 members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gav Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the Citv Commission. Section 2-190-147. Supporting Departments. The Office of the City Manager will provide staff support for the Committee. The City Attorney's Office shall serve as legal counsel to the Committee. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2 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 23rd day of May , 2009; provided, however, that the Mayor's Gay Business Development Committee shall continue to exist and operate until such time as the initial members of the Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee have been appointed, as provided herein. PASSED and ADOPTED this 13th day of MaY , 2009. ATTEST: AYOR Matti Herrera Bower CITY CLERK Robert Parcher F:\atto\AGUR\RESOS-ORD\GLBT Community Relations Committee Ordinance (Second Reading Final 5-6-09).doc APPROVED AS TO FORM ~NGUAGI ~ FOR EXECUTION 3^ G D to 3 m M'~AM,IBEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower nd M hers of the City Commission '~ '"~ ~~ FROM: Jose Smith, City Attorn cc: Jorge Gonzalez, City Mar~ager SATE: May 13, 2009 suB~ECT: An Ordinance Approving, on Second Reading, the Creation of the "Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee" as a Standing City Committee The Mayor's Gay Business Development Committee is an ad hoc City committee which was created to provide the City Commission with recommendations on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the welfare and future of the Miami Beach GLBT Community. Because City ad hoc committees have a limited duration, at its regular meeting on February 24, 2009 the GLBT Ad Hoc Committee unanimously voted to recommend and request that the Mayor and City commission create a permanent standing City committee in its stead. The mission statement of the standing committee would continue the work of the former ad hoc committee. At its meeting on April 15, 2009, the City's Neighborhoods/Community Affairs Committee considered the aforestated request, and recommended the creation of a standing committee. Accordingly, pursuant to the directive of the Neighborhoods/Community Affairs Committee, the City Attorney's Office has drafted an Ordinance, which was approved by the City Commission on First Reading at its April 22, 2009 Meeting (with the further amendment that the name of the standing committee be changed to the "Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee"). RJA/ed F:\atto\AGUR\RESOS-ORD\MEMOS\GLBT Business Enhancement Committee Ordinance (Second Reading Final 5-6-09).doc Agenda Item ~ 5^~ We are committed to providing excellent public service and safety to all who live, work, and play in our vibrc Date S-I 3 -O q 2"d Reading Revisions 5-1-09 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, OF THE MIAMI BEACH CITY CODE, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 32, ENTITLED "GAY, LESBIAN, BISEXUAL AND TRANSGENDER (GLBT) BUSINESS ENHANCEMENT rniuiui ~~iiTV °;cS COMMITTEE," AND SECTIONS 2-190.144 THROUGH 2-190.147 THERETO; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE: AND FURTHER EXTENDING THE TERM OF THE MAYOR'S GAY BUSINESS DEVELOPMENT AD HOC COMMITTEE UNTIL SUCH TIME AS THE INITIAL MEMBERS OF THE GLBT BUSINESS ENHANCEMENT WHEREAS, the Mayor's Gay Business Development Committee (the GLBT Ad Hoc Committee) was created as an ad hoc committee whose mission statement is to provide the City Commission with recommendations on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the welfare and future of the Miami Beach gay, lesbian, bisexual and transgender (GLBT) community; and WHEREAS, since its first meeting on March 25, 2008, the GLBT Ad Hoc Committee has successfully addressed such issues as: introducing legislation, which was adopted by the City Commission, permitting the display of the Rainbow/Pride flag in the City of Miami Beach; supporting legislation, which was adopted by the City Commission, opposing the passage of Amendment 2 to the Florida Constitution; and assisting with the creation and coordination of the City's first ever annual Gay Pride event, which was held ' on April 18, 2009; and WHEREAS, in furtherance of its mission statement, as set forth above, the GLBT Ad Hoc Committee has expressed an interest in continuing to explore and develop GLBT issues and initiatives for presentation to, and consideration by, the Mayor and City Commission, and continuing to ensure the well being and quality of life of the City's GLBT community (particularly, as most recently discussed by the Committee in its ongoing review and subsequent recommendations to the Mayor and City Commission as to the continued support, strengthening, and improvements to the City's anti-discrimination, domestic partnership, and equal benefits legislation); and WHEREAS, at its regular meeting on February 24, 2009, the Committee unanimously passed a motion requesting that the Mayor and City Commission consider sunsetting the Mayor's (Ad Hoc) Gay Business Development Committee, and create a standing Committee in its stead, to be known as the City of Miami Beach Gay Lesbian Bisexual and Transgender Business Enhancement Committee (the GLBT Committee), whose purpose and mission statement would be the same as the GLBT Ad Hoc Committee; and WHEREAS, at its regular meeting on April 15, 2009, the City's Neighborhood/Community Affairs Committee endorsed the creation of a standing committee; and WHEREAS, accordingly, it is hereby recommended that the Mayor's Gay Business Development Committee be sunsetted, and that a new standing City committee, to be known as the "Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee," be created for the purpose of continuing to recommend and develop initiatives in the City regarding a variety of issues ensuring the welfare and future of the Miami Beach GLBT Community. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: Section 1. That Chapter 2, Article III, of the Miami Beach City Code is hereby amended to create Division 32 thereof, and Sections 2-190.144 through 2-190.147 thereto, as follows: DIVISION 31. GAY, LESBIAN, BISEXUAL AND TRANSGENDER (GLBT) °C~A#SBUSINESS ENHANCEMENT COMMITTEE Section 2-190.144. Committee Purpose. The purpose of the GLBT Business Enhancement Committee is to provide guidance and advice to the City Commission and the City Manager with recommendations on initiatives to be implemented and supported by the Citv regarding a variety of issues to ensure the welfare and future of the Miami Beach GLBT Community. Section 2-190-145. Powers and Duties. The Committee shall make advisory recommendations to the City Commission and the City Manager on initiatives to be implemented and supported by the City regarding a variety of issues to ensure the well being and auality of life of the Miami Beach GLBT Community. Section 2-190-146. Composition. The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each Citv Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gav Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the Citv Commission. Section 2-190-147. Supporting Departments. The Office of the City Manager will provide staff support for the Committee. The City Attorney's Office shall serve as legal counsel to the Committee. 2 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 day of , 2008; provided, however, that the Mayor's Gay Business Development Committee shall continue to exist and operate until such time as the initial members of the Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee have been appointed, as provided herein. PASSED and ADOPTED this day of , 2009. ATTEST: MAYOR CITY CLERK F:\attoWGUR\RESOS-ORD\GLBT Community Relations Committee Ordinance.doc 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 day of , 200>~9; provided, however, that the Mayor's Gay Business Development Committee shall continue to exist and operate until such time as the initial members of the Gay, Lesbian, Bisexual and Transgender (GLBT) Business Enhancement Committee have been appointed, as provided herein. PASSED and ADOPTED this day of , 2009. ATTEST: MAYOR CITY CLERK F:\atto\AGUR\RESOS-ORD\GLBT Community Relations Committee Ordinance.doc o. 0 a' 0 ~: 0 ai Z <' S W x r r o ~ , m S , E ' m a ' x_ E , F m' F 1~1AN11 BEACH CITY 4F:MIAMi BEACH NOTICE OF PUBLIC. HEARINGS NOTICE IS HEREBY given that. second readings and public hearings will be held by the `Mayor and Ctty Commission of the Ctty of Miami Beach, Florida. in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Mlami Beach, Florida, on Wedrresday, May 13, 2009, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 2, Article II I; Df The Miami Beach CityCode, Entitled "Agencies, Boards And Committees,' By'Creating Division 32, Entitled "Gay, iasbian,'Bisexual And Transgender (GLBI) Business Enhancement Committee," And Sections 2-190.144Through 2-190.1 A7 Thereto. Inquiries ma, be directed to the City Attorney's Office at (305) 673-7470. 10:20 a.m. An Ordinance Amending Chapter 14 Of The City Gode,-Entftled "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 1, Entitled "Generally;" By Amending Section 14-403, EntRled "Penalty For Violation Of Article,".To Provide For The Enforcement Of Nan-Functioning Wheelchair Llfts By Citation; And Amending Section 14-444,°EntRled "Schedule Of Violation Fines," By Adtlmg A Citation And Fine Schedule For The Enforcement Of Non-Functioning Wheelchair Lifts.'. Inquinesmay be directed to the Building Department at (305) 673-761¢ 10:25 a,m. An Orcirnance Amending City Code Chapter 118, "Administration And Review Procedures," Article Vll, "Division Of Land/Lot Split," Section 118-321, "Purpose, Standards And Procedures," By Amending The Review .Criteria For Requests For A Division Of Land/Lot Split To Include ACnterionThat Considers The Impacts And Mttigation Of The Proposed.LOt Split On The Amhftectural-Significance Or Historic Value Of Existing Homes: Inquiries may be directed fo the Plarming DepartmentaY(305) fi73 7550.. 10:30 a.m. ~ .. An Ordinance Amending The Land -©eveloprneM Regulations .Of The City. Gode By Amending Chapter 118, "Administrative And Review Procedures," Article' II, "Boards;" Division 2,'°Planning:9oardi' Section 118-52, "Meetings And Procedures;" DNisicn 3, "Design Review Board," Section'11874, "Removal" Division 4, "Historic Preservation Board," Section .118-105;'"Removal;" Division.5, "Boars! Of Adjustment," Section 118-133,"Removal;" To Harmonize The Permitted Number Of Absences And Recusals For LaNtd Use Board Members. ~ - Inquiries maybe directed to the Planning Department at (305) 673-2550. 10:35 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 X, "Historic Preservation," Division 5. "Single Family Ad Valorem Tax Exemption";-Mod'rfying The Requirements And Procedures For City Ad Valorem Tax Exemptions for Single Family Homes. Inquiries may be directed to the Planning Departmental (305) 673-7550. INTERESTED PARTIES=are invited to appear at this meeting, or be .represented by an agent, or to express their views in writing addressed to the City Commission, c% the City Clerk, 1700 Convention CeMerDme, 1st Floor, City HaII,.MiamiBeach, Florida33139.Copies of these ordinances are: available for public inspection during normal business hours :in the City Clerk's Office, 1700 Convention Cemer Drive; 1st Floor City Hall, and Miami Beach, Florida 33139: Thismeetingmaybe~continued andunder such circumstances addltionai legal notice would not beprovided. _ RotSert°E. Percher, Cky-Clerk 'City=af Miami:Beach Pursuant to Section 286.0105, Fla. Slat., the City hereby advises She;public that: A. a,person deoides to appeal any decision madebythe CityCommission with respectto any mattercbnsidered at'its meeting or ltshearing, such person must ensure that a verbatim record of the~proCeedimgsis'made, which record includesthe testimonyand~evidence upon which the'appeal is to be~besed. ihis'nOtice does notconstttute consent by the City#or the introduction or admission of othenviselnadmissfbleor irrelevant evidence, nor does itauthorizechallenges or appeals rrot otherwise allowed bylaw.. To request this malarial in accessible format, sign language interpreters, inforration:onaccess for persons wRhdisabilRies, and/or any accommodation to review any documentor partiCipateinany city-sponsored proceeding, please contact f305) 604-2489(voice), (305) 673-7218 (i'Tl~ five days fn advance to`inRiate your request;'TTYrusers may alsbcall 711:(Flerida-Relay Service).