2012-3757 Ordinance ORDINANCE NO. 2012-3757
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(D) TO INCREASE THE NUMBER OF
MEMBERS FROM SEVEN (7) TO FOURTEEN (14) AND AMENDING
THE QUORUM REQUIREMENT; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET
DATE.
WHEREAS, the Disability Access Committee ("Committee") voted unanimously to
increase its board membership from seven (7) members by adding an additional seven (7)
members for a total of fourteen (14) members; and
WHEREAS, the matter was referred to the Neighborhood/Community Affairs Committee
(NCAC) by the City Commission on July 14, 2010 to discuss an amendment to increase the
membership on the Committee and, at its December 14, 2010 meeting, the NCAC moved to
recommend to the City Commission the increase in the number of members of the Committee
from seven (7) to fourteen (14) members; and
WHEREAS, at the January 19, 2011 City Commission meeting, the City Commission
approved the recommendation to increase the number of members on the Committee from
seven (7) to fourteen (14) members; and
WHEREAS, at the February 9, 2011 City Commission meeting, an ordinance increasing
the Committee's membership was approved on first reading and a second reading, public
hearing was scheduled for March 9, 2011. In the interim, the item was referred to the NCAC;
and
WHEREAS, at the July 13, 2011 City Commission meeting, the Commission passed and
adopted an Ordinance No. 2011-3731 amending the powers and duties of the Committee; and
WHEREAS, the Mayor and City Commission wish to further amend the provisions
relating to the composition of the Committee by expanding the membership of the Committee
from seven (7) to fourteen (14) members and increasing the quorum requirement for a period of
two years, at which time the amendments set forth in this Ordinance shall sunset.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 2-31(d) 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 fourteen
voting members;_whe--shall be direst appeiF ees by the mayor and each city
commissioners shall make two direct appointments. A quorum shall consist of three
eight members. Formal action of the board shall require at least three eight 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.
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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 AND SUNSET PROVISION.
Passed and adopted this 11 th day of April 2012.
This Ordinance shall take effect the 21st day of April 2012; and the
amendments set forth herein shall sunset two years thereafter on the 22nd day of
April 2014.
ATTEST:
BF R MA H RA BOWER
ROBERT PARCH R, CITY CLER
1INCORP ORATED:
Underline denotes additions.
Cb
RCH 26 APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
Z 8
ORNEY DATE IZ
F:\ATTO\TURN\ORDINANC\Disability Access Committee-Amended 2012.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
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(D) To Increase The Number Of Members
From Seven (7) To Fourteen (14) And Amending The Quorum Requirement; Providing For
Codification, Repealer, Severability, An Effective Date, And A Sunset Date.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the Mayor and City Commission increase the Disability Access Committee (DAC)
membership to 14?
Item Summa /Recommendation: SECOND READ!NG PUBLIC HEARING
At the July 13, 2011 City Commission Meeting, the Commission passed and adopted ordinance No.
2011-3731, which amended 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.
At the September 14, 2011 Commission Meeting, a discussion item was placed in the Commission
agenda by Commissioner Jonah Wolfson, regarding changes made to the Disability Access
Committee (DAC). A Motion was made by Commissioner Wolfson to refer the item back to the
Neighborhood/Community Affairs Committee (NCAC) meeting, where it first originated, to clarify any
misunderstandings by some people and that proposed changes to the ordinance be explained.
At the December 14, 2011 NCAC meeting, the Committee recommended that the City Commission
increase the membership of the DAC to fourteen (14) and bring it back to City Commission for
approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission Meeting;
however, the Mayor and City Commission deferred the item to the next meeting on March 21, 2012,
with a request to further amend the provisions relating to the composition of the Committee by
expanding the membership of the Committee from seven (7) to fourteen (14) members and increasing
the quorum requirement for a period of two years, at which time the amendment set forth in this
Ordinance shall sunset. The ordinance was approved on first reading at the March 21, 2012
Commission Meeting. A second Reading Public Hearing has been scheduled for April 11, 2012.
Advisory Board Recommendation:
None
Financial Information:
Source of Amount Account Approved
Funds: 1
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Duane Knecht, ext 2914
Sign-Offs:
Department Directo Assistant City Manger City Manager
FHB DRB 0T,,re pjS I JMG
T:\AGENDA\2012\4-11-1 ZD AC Commision SUMMARY.docx
AGENDA ITEM M Ia MB EA Cu RS
DATE
MIAMIBEACH
City of Miami Beath, 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 SECOND READING
PUBLIC HEARING
Date: April 11, 2012 )V,-�
Subject: 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(D) TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN (7) TO
FOURTEEN (14) AND AMENDING THE QUORUM REQUIREMENT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN
EFFECTIVE DATE, AND A SUNSET DATE.
ADMINISTRATION RECOMMENDATION
The Administration requests that the Commission carefully consider this request and
balance the desire to increase the membership of the Disability Access Committee to
provide a better representation versus the potential quorum problems that a fourteen
(14) member board may experience.
BACKGROUND
At the July 13, 2011 City Commission Meeting, the Commission passed and adopted
ordinance No. 2011-3731, which amended 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.
At the September 14, 2011 Commission Meeting, a discussion item was placed in the
Commission agenda by Commissioner Jonah Wolfson regarding changes made to the
Disability Access Committee (DAC). A Motion was made by Commissioner Wolfson to
refer the item back to the Neighborhood/Community Affairs Committee (NCAC) meeting,
where it first originated, to clarify any misunderstandings by some people and that
proposed changes to the ordinance be explained.
Disability Access Committee Commission Memo
April 11, 2012
Page 2 of 2
At the December 14, 2011 NCAC meeting, the Committee recommended that the City
Commission increase the membership of the DAC to fourteen (14) and bring it back to
City Commission for approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission
Meeting; however, the Mayor and City Commission deferred the item to the next meeting
on March 21, 2012 with a request to further amend the provisions relating to the
composition of the Committee by expanding the membership of the Committee from
seven (7) to fourteen (14) members and increasing the quorum requirement for a period
of two years, at which time the amendments set forth in this Ordinance shall sunset.
The ordinance was approved on first reading at the March 21, 2012 Commission
Meeting. A second Reading Public Hearing has been scheduled for April 11, 2012.
FINANCIAL IMPACT
Pursuant to the City Charter, the financial impact, if approved, is estimated to be
$3,449.25 annually assuming all seven new members apply for the parking decal. This
estimate is based on the estimated annual value of a citywide parking decal at $492.75.
DRB/FHB/DK
T:\AGENDA\201244-11-12\Disability Access Committee memo
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THE MIAMI HERALD MiamiHerald.com
i
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and 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,APRIL 1111,2012 to consider the following:
10:15 a.m.
Ordinance Amending The Following Chapters In The Code Of The City Of Miami
Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal
Misdemeanor Enforcement And Penalty Provisions As Follows:Amending Chapter 70
Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By
Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special
Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except
For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 74 Of The
Miami Beach City Code Entitled "Peddlers And Solicitors," By Amending Article I,
Entitled"In General,"By Amending Section 74-1 Entitled "Soliciting Business In Public
From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or
Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master
Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code
Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending
Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other .Public
Property," By Providing Civil Penalties And Special Master Enforcement Provisions.
Inquiries may be directed to the City Manager's Office at(305)673-7010.
10:20 a.m.
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
I Amending Sec. 2-31(D) To Increase The Number Of Members From Seven (7) To
Fourteen (14)And Amending The Quorum Requirement.
Inquiries may be directed to the Public Works Department at(305)673-7080.
11:00 a.m.
Ordinance Amending Chapter 46 Of The Miami Beach-City Code,Entitled"Environment,"
By Amending Article III Thereof, Entitled "Litter," By Amending Section 46-92 To Provide
Comprehensive Amendments Thereto By Amending The Definition Of Litter And The
Litter Prohibition Provisions In Subsections (A) And (B); Prohibiting Styrofoam Products
And Plastic Straws On City Beaches; Re-Lettering And Renaming Existing Provisions
In Subsections (A) Through (0) For Ease Of Reference And Creating New Provisions In
Subsection (G)To Provide Prohibitions.On The Distribution Of Commercial Handbills: A)
In The Art Deco Historic District During High Impact Periods In The City;B)Within 20 Feet
Of Sidewalk Cafes; And C) On City Beaches East Of The Dunes, Providing Fines And
Penalties For The Violation Of Subsection(G)In The Re-Lettered Subsection(H).
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 writing addressed to the City Commission, c/o the
City.Clerk, 1700 Convention 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, 1 st 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.11 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 oradmission 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)673-7218 0`7Y)five days in advance to initiate your request.TTY.users may also call 711(Florida Relay Service).
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