Loading...
Ordinance 99-3195 ORDINANCE NO, 99-3195 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION",ARTICLE III, SECTION 2-31(d) THEREOF AMENDING THE COMPOSITION OF THE BARRIER-FREE ENVIRONMENT COMMITTEE BY • REDUCING THE NUMBER OF VOTING MEMBERS FROM NINE TO FIVE; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALER,AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION I. Section 2-31(d) of Division 2 of Article III of Chapter 2 entitled "Administration" of the Miami Beach City Code is hereby amended to read as follows: Article III. Agencies, Boards and Committees. * * * Division 2. Barrier Free Environment Committee. * * * Sec. 2-31. Established; purpose; composition. * * * (d) Composition. The barrier-free environment committee shall be composed of nine five (5) voting members appointed by the city commission at-large and six non-voting ex-officio members`. 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; children with developmental disabilities; children with physical disabilities; and the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The non-voting ex-officio members shall be the Director of the office of Children's Affairs, a designee of the Building Department Director, a designee of the Rccrcation, Culturc and Parks Dircctor, Parks and Recreation Department Director, a designee of the Police Chief, a designee of the Parking Department Director and the City's ADA Coordinator or his designee. The City Attorney's office shall provide legal counsel. * * * 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 a 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. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 17th day of July , 1999 PASSED and ADOPTED this 7th day of July , 1999. ATTEST: MAYOR 7440-- 9aA,614.1A CITY CLERK 1st reading 6/23/99 2nd reading 7/7/99 f:\atto\$al I\shei la\res-ord.cm\S-2-3 I.ord APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 2 kefr Aity ey ', ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. S OO ' C) TO: Mayor Nelsen Kasdin and DATE: July 7, 1999 Members of the City Co• mission FROM: Sergio Rodriguez City Manager / SUBJECT: SECOND '1 MING PUBLIC HEARING - AN ORDINANCE OF THE MAYOR • ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION", ARTICLE III, SECTION 2-31(d) THEREOF AMENDING THE COMPOSITION OF THE BARRIER-FREE ENVIRONMENT COMMITTEE BY REDUCING THE NUMBER OF VOTING MEMBERS FROM NINE TO FIVE; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALER,AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Adopt the Ordinance. BACKGROUND: The current City of Miami Beach Code Chapter 2, entitled "Administration," Article III, Section 2- 31(d)establishes the composition of the Barrier-Free Environment Committee to be nine(9)voting members appointed by the City Commission and six(6)non-voting ex-officio members.The Barrier- Free Environment Committee does not currently have nine(9)voting members and for over a year, it has been functioning with only four(4) members. At the June 23, 1999 Commission meeting, the proposed ordinance amending the composition of the Committee and reducing the number of voting members from nine (9) to five (5), was approved on first reading and a public hearing for second and final reading was scheduled for July 7, 1999. ANALYSIS: At the Barrier- Free Environment Committee meetings of January 25, and February 22, 1999, the members debated various issues concerning the membership and actual composition of the Committee. Eligible candidates interested in serving in the Committee had not been identified and the Committee concluded that, under the current circumstances, they could never reach a quorum. AGENDA ITEM ' \5 C DATE 1—99 A motion was then unanimously approved to amend Article III, Section 2-31(d) of the City Code, thereby reducing the number of voting members from nine (9) to five (5) (Attachment #1). CONCLUSION: The City Commission should adopt the Ordinance on second reading public hearing. (?'PC SR\ DS\J M\cdv Attachments- F:\WORK\SALL\MAGMIC\ADA\COMTITL3 WPD CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 DATE: April 9, 1999 TO: Murray Dubbin, City Attorney FROM: Sergio Rodriguez. City Manager RE: AMENDMENT TO THE CI ' !/' DE / DIVISION 2. BARRIER-FREE ENVIRONMENT COMMITTEE; SEC. 2-31(d) - COMPOSITION. In a letter dated March 22, 1999, the members of the Barrier-Free Environment Committee requested an amendment to the City Code, Division 2 - Barrier-Free Environment Committee; Sec. 2-31(d) - Composition, concerning the composition and membership of the Committee (see attached). The request is for the number of voting members of the Committee to be reduced from nine (9) to five (5). Please have the necessary amendment prepared for the Commission's consideration. Should you have any questions, please contact Michel Magloire, ADA Coordinator, at extension 6709. SR/CMC/J ;MML'iz Attachment c: Christina M. Cue: o, Assistant City Manager Donald Pap:;, Chief Deputy City Attorney Julio Grave de Peralta, Public Works Director Jorge E. Cha:trand, Capital Projects Coordinator Michel Magloire, ADA Coordinator F:1WOR::',S,ALU.M.A GMMIC-ADA\\BFECICITYORDI.W°D ATTACHMENT #1 - 1 of 2 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 March 22, 1999 To: Mayor Nelsen Kasdin Members of City Commission From: Members of the Barrier - Free Environment Committee Subject: Request to amend the City Ordinance concerning the composition of the Barrier- Free Environment Committee. The members of the Barrier - Free Environment Committee want to bring to the Mayor and City Commission's attention an important issue concerning the Committee's current membership and composition. The Committee is currently composed of only four (4) voting members. They are as follows: Mr. Andrew Batavia, Co-Chairperson Ms. Mildred Levenson, Co-Chairperson Mr. Lee Weiss Ms. Brenda Wildy • The City Ordinance requires that the Committee be composed of nine (9) voting members. The current membership indicates that a quorum can never be reached. For that reason, we are respectfully requesting that, the Honorable Mayor and City Commission amend the current City Ordinance regarding the composition of the Barrier- Free Environment Committee and reduce the required number of voting members to five (5). In addition, last year, the Committee, voted unanimously a motion to request that the City Commission consider the appointment of Mr. Michael Brennan to the Barrier- Free Environment Committee. Mr.Brennan has, in the past, been an asset to this Committee. We are then pleased to, respectfully, resubmit this request for your consideration. Finally, we thank you for the opportunity given to us to raise more awareness in the City on matter of accessibility. Thank you for your attention to these requests. F.\WORK\3ALL JdAGMIC'ADA\BFE C\O ROI NANC.'NP D c: Sergio Rodriguez, City Manager Christina C. Cuervo, Assistant City Manacer Donald Papy, Chief Deputy City Attorney Robert Parcher, City Clerk Julio Grave de Peralta, Public Works Director Jorge Chartrand, Capital Projects Coordinator Michel Magloire, ADA Coordinator AMEMMMIIMINCHINIIMINIMMIE ATTAC HMatT #1 — 2 of 2 • o • . \ el) ( § c k .§ § U o 2 q % o & o Q d o § J 7 � ' / 0 d 2 2 k a) � 2 2 ° ° O J § / d J \ / b .§ '0 g .� H 2 � 2 § \ 2 >, 7 E U G o W 2