2009-3641 OrdinanceSECOND READING
ORDINANCE NO. 2009-3641
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 27 ENTITLED "BEACH
PRESERVATION COMMITTEE" BY CHANGING THE COMMITTEE'S
NAME TO THE "WATERFRONT PROTECTION COMMITTEE" AND
EXPANDING UPON THE COMMITTEE'S ADVISORY POWERS SO AS
TO INCLUDE BAYWALK, BEACHWALK AND CUTWALK
MAINTENANCE ISSUE REVIEW/RECOMMENDATION WITHIN ITS
JURISDICTION; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article III, Division 27 entitled "Beach
Preservation Committee", Sections 2-190.121 through and including 2-190.126, is hereby
amended to read as follows:
DIVISION 27. WATERFRONT PRESERVATION COMMITTEE
Sec.2-190.121. Established.
There is hereby established the Waterfront Preservation Committee whose purposes, powers and duties,
composition, membership qualifications, and general governing regulations are as set forth in this
division.
Sec.2-190.122. Purpose.
The Waterfront Preservation Committee aids the Commission in its desire to maintain, preserve, and
protect the beaches, City boardwalks, beachwalks, cutwalk maintenance (along South Pointe Park,
running parallel to Government Cut) and baywalks in the City and to promote and maintain a clean, safe,
and ecologically sound environment to be enjoyed by its citizens and visitors.
Sec. 2-190.123. Powers and duties.
The Waterfront Preservation Committee is vested with the power and authority to make
recommendations to the City Commission upon the following matters:
(1) The investigation, development, and carrying out of plans for the preservation and renourishment of
the beaches in the city, including, but not limited to, erosion control.
(2) To foster and maintain a clean, safe, and litter-free beach environment by exploring the availability of
enforcement techniques, programs, or new legislation to accomplish these goals.
(3) The encouragement of a desire in the citizenry of the city to maintain and preserve the city's
beaches.
(4) The recommendation of plans to the city commission, as well as to other local, state, and federal
governmental agencies, for the preservation and renourishment of the city's beaches.
The Committee's power of review and recommendation set forth hereinabove shall apply as well to such
matters concerning maintenance of City boardwalks, beachwalks, cutwalk and badwalks.
Sec.2-190.124. Composition.
(a) The committee shall consist of seven voting members, one appointed by the mayor and each
commissioner, and three non-voting ex officio members to be comprised as follows:
(1) Seven citizens having an interest in the preservation of the city's beaches and the purposes of the
committee.
(2) The city's environmental specialist as an ex officio member.
(3) An individual appointed by the Miami Dade County Department of Environmental Resources
Management (DERM), natural resources division, who holds the position of special projects administrator
II as an ex officio member.
(4) A member of the city's beach patrol, who shall receive the highest number of votes in an election by
persons holding the positions of lifeguard I, lifeguard II, and lieutenant, as an ex officio member.
(b) The chairperson of the committee or his/her designee shall serve as a nonvoting ex officio member
of the recreational centers and park facilities board (to be renamed the parks and recreational facilities
board).
Sec. 2-190.125. Knowledge and experience.
See section 2-190.124.
Sec. 2-190.126. Supporting department.
The supporting department of the sCommittee is recreation, culture and parks.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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. 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
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 13th day of June , 2009.
PASSED and ADOPTED this 3rd day of June , 2009.
ATTEST:
~' r~C~
Robert Parcher
City Clerk
Requested by Commissioner Saul Gross
F:\atto\OLIJ\ORDINANCES\waterFrontprotcomm (2).doc
M ti Herrera ower
Mayor
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OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Honorable Mayor Matti Herrera Bower SECOND READING
Members of the City Commission
Jorge Gonzalez, City Manager
FROM: Jose Smith, City Attorney
r
DATE: June 3, 2009
SUBJECT: 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 27 ENTITLED "BEACH PRESERVATION
COMMITTEE" BY CHANGING THE COMMITTEE'S NAME TO THE
"WATERFRONT PROTECTION COMMITTEE" AND EXPANDING UPON THE
COMMITTEE'S ADVISORY POWERS SO AS TO INCLUDE BAYWALK,
BEACH WALK AND CUTWALK REVIEW/RECOMMENDATION WITHIN ITS
JURISDICTION; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Saul Gross, the attached ordinance has been drafted
for the purpose of amending Miami Beach City Code provisions governing the "Beach
Preservation Committee." The proposed amendments will expand upon the advisory power of
this Committee so as to include the power to review/recommend matters concerning not only
beaches and boardwalks, but also baywalks, beachwalks and the City cutwalk along South
Pointe Park, running parallel to Government Cut; it is accordingly further proposed that the
Committee's name be changed from "Beachwalk Preservation Committee" to "Waterfront
Preservation Committee."
The attached ordinance, having been approved on first reading on May 13, 2009, is thus ready
for City Commission consideration on second reading.
F:1atto\OLIJ\CMEMO\waterfrontprescomm (3).doc
Agenda Item ~SA
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MB MiamiHerald.com/Neighbors I THE MIAMI HERALD I THURSDAY, MAY 21,2009.;1'
1lAlv'iIBEA~E
CITY O'F MIAMI `BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE iS HEREBY given that a secorid reading and public hearing will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rtl floor, City Hall, 1700
Convention Genter Drive, Miami Beach, Florida, oh Wednesday, June 3, 2009 at 10:20 A.M., to cohsider An
Ordinance Amending Miami Beach City Code Chapter 2, Article Ill, Division 27 Entitled "Beach Preserva#ioh
Committee" By.Changing The Committee's Name To The "Waterfront`Protection Committee" And Expanding
Upon Trie Committee's Advisory Powers So As To Include Baywalk .Review/Recommendation Within Its
Jurisdiction.
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an°agent, or to express
their-views in writing addressed to 4he_ City Commission, c/o the City Clerk, 1700 Convention Center Drive;
1 ~t Floor, City Hall, Miami Beach, Florida 33139. Copies of this ordinance are available.for public inspection
during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 16t Floor, ~City~Mall,
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: "rf a person decides to
appeal any decision made by the City Commission with respect to any matterconsidered at its meeting or its
hearing, such persoh must ensure that a verbatim record of the, proceedings is made, which record includes
thetestimony 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 ft
authorize challenges or appeals not otherwise allowed by taw.
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) 673-7218 (TfY) five days in, advance to :initiate-your
request: T'T'Y users may alsd calf 7fi1 (Florida Relay Service).
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