2011-3731 Ordinance ORDINANCE NO. 2011 -3731
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY
AMENDING SEC. 2 -31(C) TO PROVIDE THAT THE CHAIRPERSON OF
THE COMMITTEE MAY DESIGNATE A COMMITTEE MEMBER TO
OBTAIN INFORMATION FROM AND PROVIDE INPUT TO OTHER
CITY AGENCIES, BOARDS, OR COMMITTEES RELATIVE TO
ACCESSIBILITY RELATED ISSUES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the Disability Access Committee (DAC) has recently considered measures
to increase awareness of and to address accessibility related issues in the City; and
WHEREAS, various amendments to the Disability Access Committee have been
considered by the Neighborhood /Community Affairs Committee (NCAC) at its December 14,
2010 and June 3, 2011 meetings; and
WHEREAS, as a result of the discussions held at such meetings, the following
amendments are proposed which will provide for a committee member, appointed by the
committee chairman, to obtain information from and provide input to other city agencies, boards,
and committees relative to disability issues.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2 -31 of Chapter 2 of the City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
Article III. Agencies, Boards And Committees
* * *
Division 2. Disability Access Committee
Sec. 2 -31. - Established; purpose; composition.
(a) Established. There is hereby established the disability access committee, whose
purposes, power and duties, composition, membership qualification and general
governing regulations are as set forth in this section.
(b) Purpose. 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 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. In addition, the chairperson of
the committee may designate a committee member to attend meetings of other city
agencies, boards, or committees for the purpose of providing and obtaining input
regarding accessibility related issues and reporting to the disability access committee on
matters set forth in subsection (b) so that the disability access committee may provide
recommendations to the city departments specified in subsection (b) or to the city
commission.
(d) Composition. The 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 disability access committee at a later date.
(f) Supporting department. The supporting department of the committee is public works.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, 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 as
amended; that the sections of this ordinance may be renumbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith 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.
Passed and adopted this 13th day of July , 2011.
This Ordinance shall take effect the 23rday of July 2011.
ATTEST:
1Z 6-tit a A OR MATTI E R BOWER
ROBERT PARCHER, CITY CLERK
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled
"Administration," By Amending Article III, Entitled "Agencies, Boards And Committees," By Amending
Division 2, Entitled "Disability Access Committee," By Amending Sec. 2 -31(C) To Provide That The
Chairperson Of The Committee May Designate A Committee Member To Obtain Information From And
Provide Input To Other City Agencies Boards, Or Committees Relative To Accessibility Related Issues;
Providing For Codification, Repealer, Severability, And An Effective Date
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the Mayor and City Commission amend the City Code by amending Sec. 2 -31(C) to provide that the
chairperson of the committee may designate a committee member to obtain information from and provide
input to other city agencies boards, or committees relative to accessibility related issues
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
The item was originally referred to the Neighborhood /Community Affairs Committee (NCAC) at the July 14,
2010 Commission Meeting; item was discussed at the December 14, 2010 NCAC meeting and approved
by the City Commission at the January 9, 2011 Commission Meeting.
This ordinance was approved on first reading at the February 9, 2011 Commission meeting with a referral
to the NCAC. The item was opened and continued on March 9 and April 13, 2011 by the City Commission,
and considered at the Neighborhood /Community Affairs Committee on June 3, 2011.
As a result of the discussions held at the June 3, 2011 NCAC meeting, the attached amendments are
proposed which will provide for a committee member, appointed by the committee chairman, to attend
meetings of other City agencies, boards, or committees for the purpose of providing and obtaining input
regarding accessibility related issues and reporting to the Disability Access Committee so that the
committee may provide recommendations to the certain City departments or to the City Commission. At
the June 3, 2011 NCAC meeting the Committee requested Mr. New, DAC chairperson, to work with the
City Attorney's Office on the ordinance revisions. Mr. New was emailed a copy of the revised ordinance.
Advisory Board Recommendation:
Neighborhood /Community Affairs Committee meeting of June 3, 2011 recommended to send item back to
the City Commission pending changes by the Legal Department.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: None.
City Clerk's Office Legislative Tracking:
Robert Parcher, Ext 6451
Sign -Offs:
Department Director Assistant City Manager City Manager
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mop M IAM IBEACH AGEND ITEM �S
DATE 7-I3 -
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM Jorge M. Gonzalez, City Manager A
SECOND READING
DATE July 13, 2011 I PUBLIC HEARING
SUBJECT. AN ORDINANCE AMENDING TH CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING "ADMINISTRATION," CHAPTER 2, ENTITLED ADMINISTRATION, BY AMENDING
ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY
AMENDING SEC. 2 -31(C) TO PROVIDE THAT THE CHAIRPERSON OF THE
COMMITTEE MAY DESIGNATE A COMMITTEE MEMBER TO OBTAIN
INFORMATION FROM AND PROVIDE INPUT TO OTHER CITY AGENCIES
BOARDS, OR COMMITTEES RELATIVE TO ACCESSIBILITY RELATED ISSUES;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adoption of the ordinance.
BACKGROUND
The item was originally referred to the Neighborhood /Community Affairs Committee (NCAC) at
the July 14, 2010 Commission Meeting; item was discussed at the December 14, 2010 NCAC
meeting and approved by the City Commission at the January 9, 2011 Commission Meeting.
This ordinance was approved on first reading at the February 9, 2011 Commission meeting with
a referral to the NCAC. The item was opened and continued on March 9 and April 13, 2011 by
the City Commission, and considered at the Neighborhood /Community Affairs Committee on
June 3, 2011.
CONCLUSION
As a result of the discussions held at the June 3, 2011 NCAC meeting, the attached
amendments are proposed which will provide for a committee member, appointed by the
committee chairman, to attend meetings of other City agencies, boards, or committees for the
purpose of providing and obtaining input regarding accessibility related issues and reporting to
the Disability Access Committee so that the committee may provide recommendations to the
certain City departments or to the City Commission. At the June 3, 2011 NCAC meeting the
Committee requested Mr. New, DAC chairperson, to work with the City Attorney's Office on the
ordinance revisions. Mr. New was emailed a copy of the revised ordinance.
JMG /REP /DT /Ih
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