Loading...
2012-3773 Ordinance ORDINANCE NO.. 2012-3773 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, tennis is a popular recreational sport enjoyed by many residents and visitors in the City of Miami Beach; and WHEREAS, in order to improve the quality of life of the residents in the City by promoting the development and sound management of public tennis facilities, a Tennis Advisory Committee should be created. 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 33 thereof and Section 2-190.148 thereto, as follows: CHAPTER 2 ADMINISTRATION ARTICLE III Division 33. Tennis Advisory Committee Sec. 2-190.148. Established; purpose; powers and duties; composition; supporting department. (a) Established. There is hereby established the Tennis Advisory Committee, whose purpose, powers, duties and composition are set forth in this section. Two years after the September 22, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. Purpose. The mission of the Tennis Advisory Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. (c) Powers and duties. The powers and duties of the committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Composition. The committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. (e) Supporting department. The supporting department of the committee is the Parks and Recreation Department. 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 22nd day of September , 2012. PASSED and ADOPTED this 12th day of September , 2012. ATTEST: --�L MAT-K Hr-MR-E-RA b WER MAYOR RAFAtL E. G ;-C1T •.� APPROVED AS TO Underline de - FORM &LANGUAGE •a & FO X CUTiON t��r(n��p (��ATED: {J F:ATM-FURN+&D aI,1�YFE1� Tennis Ad4iporyCommittee 2012.doc ,• �• Lr � ..• • _ , •�j� 2 torney - JDate H2 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 2 of the Miami Beach City Code entitled "Administration" by amending Article III, entitled "Agencies, Boards and Committees," by creating Division 33, to be entitled "Tennis Advisory Committee," and by creating Section 2-190.148 to create a Tennis Advisory Committee and provisions establishing the Committee and it purpose, powers and duties,, composition, and supporting department; and providing for repealer, severability, codification and an effective date. Key Intended Outcome Supported. Increase satisfaction with family recreational activities Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of residents rated the City's Recreation programs as either excellent or good. Issue: Should the City Commission approve this ordinance on first reading approving the creation of a "Tennis Advisory Committee?" Item Summa /Recommendation: A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012 Commission meeting. At that time the City Commission supported the concept of creating an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center and directed that a resolution creating the Ad Hoc Tennis Committee be prepared. At the February 24, 2012 City Commission meeting, Mayor Matti Herrera Bower requested a referral to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the discussion item was placed on the March 27th NCAC agenda. The Administration presented a mission statement for the proposed Ad Hoc Tennis Committee to the NCAC which was recommended by the NCAC. At the May 9, 2012 Commission meeting the Administration presented a resolution accepting the Neighborhood/Community Affairs Committee's recommendations approved on March 27, 2012 regarding the creation of an Ad Hoc Tennis Committee. Following a Commission discussion the proposed resolution accepting the N/CAC recommendation to establish the Ad Hoc Tennis Committee failed. Alternatively, the Commission approved a motion creating a seven (7) member stand-alone Tennis Committee, as direct appointments by each member of the City Commission, and bring back the ordinance on first reading at the July 18, 2012 Commission Meeting. The ordinance amendment creating the Tennis Advisory Committee was discussed at the July 18, 2012 Commission meeting. The amendment was approved on first reading, with the additional requirement that states "Two years after September 22, 202 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration". This Ordinance Amendment creating the Tennis Advisory Committee is being presented for second reading and public hearing, as required. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: It is estimated that an additional six (6) hours per month will be required by Parks & Recreation staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the committee's attendance, prepare the meeting minutes and perform other committee related duties as necessary to staff the newly established Tennis Advisory Committee. These functions will be absorbed by existing staff. City Clerk's Office Legislative Tracking: Kevin Smith, Director of Parks and Recreation Sign-Offs: Department Director Assistant , y Ma agar City Manage KS KGB T:\AGENDA\2012\9-12-12\Tennis Committee Establishm e 31 rdinance- 2nd Rdg.- Public Hearing Ejdnmary.doc MIAMIBEACH AGENDA ITEM S�C. 1W SATE / MIAMI BEACH 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: Kathie G. Brooks, Interim City Manager ;5 U. �/ -.,. DATE: September 12, 2012 SECOND READING PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION 339 TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The proposed ordinance amendment to create and establish a Tennis Advisory Committee is presented for first reading as directed by the City Commission at the May 9, 2012 City Commission meeting. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND The matter of creating a Tennis Committee was initially presented for discussion at the December 14; 2011 Commission meeting by Commissioners Gongora and Wolfson. The matter was deferred at the December 14, 2011 meeting and scheduled for inclusion in the January 11, 2012 Commission meeting, where it was once again deferred but set for a time certain on the February 8, 2012 Commission meeting agenda. A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012 Commission meeting. Comments were made by both the City Commission and residents in attendance who spoke to the opportunities and challenges of creating a Tennis Committee; the option of creating a sub-committee to the existing Parks and Recreational Facilities Board; or the creation of an Ad Hoc Tennis Committee. Following much discussion, the City Commission supported the concept of creating an.Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center. The Administration was also directed to bring a resolution creating the Ad Hoc Tennis Committee for consideration of the City Commission, including a list of nominees, as recommended. Ordinance Amendment To Chapter 2—Article 111 -Creating A Tennis Advisory Committee September 12, 2012 City Commission Meeting Page 2 of 2 Subsequently, and prior to bringing the item back to the full Commission in March, at the February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower made a request to refer to the to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the discussion item was placed on the March 27th NCAC agenda. At the March 27th NCAC meeting, staff presented a recommended mission statement for the proposed Ad Hoc Tennis Committee, as well as information on the proposed membership and Ad-Hoc Committee duration. The proposed mission statement was developed based on staff's understanding of the Commission's intent in forming the Ad Hoc Tennis Committee, as referenced by the comments made during the Commission discussion on February 8th. The following mission statement was presented and discussed at the NCAC on 3/27: "The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, to ensure the continued enjoyment of the tennis facilities during construction." Following discussion, this proposed Mission Statement was recommended by the NCAC on March 27th. At the May 9, 2012 Commission meeting the Administration presented a resolution accepting the Neighborhood/Community Affairs Committee's recommendations from their March 27, 2012 meeting regarding the Ad Hoc Tennis Committee's mission statement, and the membership, purpose, duration and functions. Following a commission discussion the resolution accepting the N/CAC recommendations was not approved, however the Commission did approve the following motion: Motion made by Vice-Mayor Libbin to direct the Legal Department to draft an ordinance for first reading, creating a seven (7) member stand-alone Tennis Committee, as direct appointments by each member of the City Commission, and bring back at the July 18, 2012 Commission Meeting; seconded by Commissioner Gongora. Voice vote: 6-0; Absent: Commissioner Wolfson. The ordinance amendment creating the Tennis Advisory Committee was discussed at the July 18, 2012 Commission meeting. The amendment was approved on first reading with the additional requirement that states "Two years after September 22, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration". FISCAL IMPACT It is estimated that an additional six (6) hours per month will be required by Parks & Recreation staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the committee's attendance, prepare the meeting minutes and perform other committee related duties as necessary to staff the newly established Tennis Advisory Committee. These functions will be absorbed by existing staff. CONCLUSION On July 18, 2012, the City Commission approved this ordinance on first reading and is being presen ed for second reading and public hearing as required. KGB/ TA AGENDA\2012\9-12-12\Tennis Committee Establishment Ordinance- 2nd rdg-public hearing MEMO.doc NE :_ THURSDAY,AUGUST 23;2012 I. 19HE M -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,September 12, 2012 to consider the followfing: 11:10 a.m. Ordinance Amending The Miami. Beach City Code By Amending Chapter 2, Entitled "Administration," By Amending Article III,Entitled"Agencies,Boards And Committees," By Creating Division 33,To Be Entitled"Tennis Advisory Committee,"And By Creating Section 2-190.148 To Create A Tennis Advisory Committee And Provisions Establishing The Committee And Its Purpose,Powers And Duties,Composition, And Supporting Department. Inquiries may be directed to the Parks and Recreation Department at(304)673-7730. 11:20 a.m. i Private Parking Facilities With Automated Payment Machines Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,"Traffic And Vehicles";Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property;Towing";Requiring Notification Of Private Property With Automated Payment Machine Use. Inquiries may be directed to the Parking Department at(304)673-7275.. 11:30 a.m. Artificial Grass: Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142, "Zoning Districts And Regulations,"Article III, "Overlay Districts," Division 2, "Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To Establish Policies Regarding The Installation Of Synthetic Grass. Inquiries may be directed to the Planning Department at(304)673-7550. 11:40 a.m. Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The k City Of Miami.Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing E Compensation Provisions For The City Manager And The Attorney. ! Inquiries may be directed to the City Attorney's Office at(304)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 the City Commission,c/o the City Clerk,1700 Convention j Center Drive,1st Floor,City Hall,Miami Beach,Florida 331.39.Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,list Floor,City Hall,Miami Beach,Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk i City of Miami Beach i Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if 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 i constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant I evidence,nor does it authorize challenges or appeals not otherwise allowed by law. P 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 us five days in advance at(305)673-7411(Voice)or TTY users may also call the Florida Reiay Service at 7111. Ad#724