2013-3809 Ord ORDINANCE NO. 2013-3809
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE V, ENTITLED "CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
BY AMENDING SECTION 90-343, ENTITLED "PUBLIC EDUCATION
PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS;
WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE
WARNING PERIOD FROM JUNE 30, 2013 TO JUNE 30, 2014 AND
EXTENDING THE BEGINNING OF THE ENFORCEMENT PERIOD FROM
JULY 11 2013 TO JULY 1, 2014; BY AMENDING SECTION 90-345,
ENTITLED "ENFORCEMENT," BY EXTENDING THE BEGINNING OF THE
ENFORCEMENT PERIOD FROM JULY 1, 2013 TO JULY 1, 2014;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768, the City established a
Citywide Recycling Program for multifamily residences and commercial establishments that
provides standards that are equivalent to or exceed the minimum recycling requirements of
Miami-Dade County; and
WHEREAS, at its June 26, 2013 meeting, the City's Neighborhood/Community Affairs
Committee (NCAC) recommended that the City's education and outreach efforts provided in
Ordinance No. 2012-3768 should be extended for another six (6) months to increase program
participation and to allow for a third franchisee waste hauler in the City to be selected prior to
penalties coming into effect, and the City Administration and City Commission agree with the
NCAC recommendation; and
WHEREAS, Miami-Dade County has advised and agrees to an additional twelve (12)
month period for education and outreach prior to enforcement as provided in the amendments
set forth herein.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
CHAPTER 90
SOLID WASTE
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
Sec. 90-343. Public education program; requirements for recycling contractors; warning
period; enforcement date.
a) Beginning June 1, 2012, the city shall engage in public education efforts and the city
shall not prosecute individuals who unknowingly fail to provide a recycling program
or a city approved modified recycling program, or unknowingly fail to separate
recyclable materials from all other solid waste materials required to be separated by
this article, until as provided in subsections (c) and (d) of this section.
b) All recycling contractors must appropriately designate the recycling collection
containers they provide to customers. The containers must contain the appropriate
signage and information, as shall be established and approved by the city pursuant
to subsection (c) below, that allows users to clearly and easily identify the container
for recycling.
c) Beginning January 1, 2013, the city shall provide for an six (6) twelves eighteen
month warning period, through and including, emb
244-3 June 30, 2014 , in which warning tickets shall be issued to persons who fail to
provide a recycling program, or a City approved modified recycling program, or fail to
separate recyclable materials from all other solid waste materials, regardless of
knowledge or intent.
d) Beginning july 1, :2012 Japua4::v July 1, 2014, this article shall be enforced and
penalties shall be applied and imposed for violations of this article as provided in
sections 90-345 and 90-346. Notwithstanding the foregoing, prior to July 1, 2013, the
City Manager shall bring the enforcement provisions of Article V to the City
Commission for its review and consideration.
Sec. 90-345. Enforcement.
(a) The city manager is hereby authorized and directed to enforce all the provisions of
this article regulating and governing the accumulation, collection, recycling, and disposal of
recyclable materials. The city manager shall have the power to delegate duties to employees
working under his authority in the enforcement of the provisions of this article.
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(b) Whenever a designated city inspector observes a violation(s) of this article, or an
accumulation of recyclable materials that creates a health hazard, environmental hazard, or
nuisance, the inspector shall order the violation(s) to be corrected within a specified period of
time by serving a written notice of violation(s) upon the property owner or upon the manager or
other person in charge. Such person(s) shall immediately cease or abate the violation(s).
(c) If the inspector determines that the conditions constitute an immediate threat to the
health, safety or welfare of the public, the inspector may order the immediate correction of the
violation(s) at the expense of the property owner, manager, or other person in charge, and the
city shall have the right to recover such expenses as provided in section 90-37(1).
(d) A notice of violation shall be served personally or by certified mail upon the property
owner, or upon the manager or other person in charge of the premises. If the person addressed
with such notice cannot be found by the city after making a reasonable good faith effort, such
notice shall be sent by certified mail to the last known address of such person, and a copy of the
notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the
equivalent of personal service.
(e) Beginning july 1 2 a;y July 1, 2014, violators of sections 90-340 and 90-
341 shall be issued one warning and shall correct the violation within 30 days. If the violation is
not corrected within 30 days, a notice of violation shall be issued. After one warning, violators of
sections 90-340 and 90-341 shall be issued a notice of violation. All notices of violations shall
specify any fine or penalty that may be due in connection with the violation(s), the time specified
by the inspector to correct the violation(s), and the procedure for timely payment or appeal of
the fine or penalty.
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.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the o?/ day of 6Pr , 2013.
PASSED and ADOPTED this day of SQelem 6Pr , 2013.
ATTEST:
l MAYOR
RAFA L E. GRANA O, CIT CLERK
i
(Sponsored by Commissioner Jerry Libbin)
Underline denotes additions and StFike thFOugh denotes deletions.
APPROVED AS TO
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&FOR EXEC TI O N
INCop� �R
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City
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F:\ATTO\TURN\ORDINANC\Recycling Program Ordinance 2013-Amending Sec 90-343 and Sec 90-345.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 Chapter 90
Of The Miami Beach City Code, Entitled "Solid Waste," By Amending Article V, Entitled"Citywide Recycling
Program For Multifamily Residences And Commercial Establishments"By Amending Section 90-343, Entitled
"Public Education Program; Requirements For Recycling Contractors;Warning Period;Enforcement Date,"By
Extending The Warning Period To December 31,2013 And Extending The Beginning Of The Enforcement Of
Article V Of Chapter 90 To January 1,2014; By Amending Section 90-345,Entitled"Enforcement"By Providing
For The Issuance Of One Warning Prior To The Issuance Of A Violation Beginning January 1,2014;Providing
For Repealer Severabilit , Codification,And An Effective Date.
Key Intended Outcome Supported:
Enhance the Environmental Sustainability of the Community.
Supporting Data(Surveys, Environmental Scan,etc.): The solid waste haulers operating in the City have
reported that approximately 50%of the multifamily and commercial establishments within the City do not have a
Recycling Program.
Item Summa /Recommendation:
On June 6, 2012, the City Commission adopted Ordinance No. 2012-3768 mandating that multifamily
residences and commercial establishments implement a single-stream recycling program by July 1,2013 and
passed a motion requiring that the enforcement components of the ordinance be brought back for discussion
after the first year. Per the ordinance, multifamily and commercial establishments that do not have a recycling
program serviced by a licensed recycling contractor or that fail to separate recyclable material from the solid
waste stream have been subject to warnings since January 1,2013. Furthermore,the ordinance stipulates that
properties without a single-stream recycle program have been subject to penalties since July 1, 2013.
As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments within the
City of Miami Beach did not have a recycling program. While some of these properties have expressed their
reluctance to comply with the ordinance requirements, other properties have indicated that limitations in the
customization(i.e.number of bins,size of bins)of the recycling programs,in addition to other constraints,have
prevented compliance.
On June 26, 2013, the Neighborhood and Community Affairs Committee (NCAC) recommended that the
ordinance be amended to extend the education and outreach efforts and warning period for another six (6)
months and that a third franchisee waste hauler be selected prior to the penalties coming into effect.
At the July 19,2013 City Commission meeting,it was requested that the cost of single-stream recycling service
for multifamily residences and business be provided.The City's franchisee waste haulers estimate that their
recycling services cost under$5 per cubic yard a month.Currently,multifamily residential customers under nine
(9)units that chose city service pay a flat rate of$36.19 per unit per month,of which approximately$4 per unit
per month of this rate is for weekly recycling services.
A quote for the average cost of single-stream recycling service was requested from Southern Waste Systems
and World Waste Recycling. However, both companies have been unresponsive to multiple requests. Miami-
Dade County has reported that single-stream recycling service for customers on county service costs
approximately$3 per unit per month for service every other week.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING PUBLIC
HEARING.
Advisory Board Recommendation:
The Neighborhood and Community Affairs Committee recommended that the Ordinance be amended to extend
the education and outreach efforts and warning period for another six(6) months and recommended that the
third waste hauler be selected prior to penalties coming into effect.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
City Clerk's Office Legislative Tracking:
F—Jay Fink ext. 6391
Sign-Offs:
Department Director Assistant anager City M n ger
tC4 on ETC MT JLM
TAAGENDA\2013\September 11\Recycling Ordinance Summary_Second Reading.doc
MIAMIBEACH AGENDA ITEM
� DATE �� �
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 ember f the City Commission
FROM: Jimmy L. Morales, City Manage
SECOND READING
DATE: September 11, 2013
SUBJECT: AN ORDINANCE OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDIN CHAPTER 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE
RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS" BY AMENDING SECTION 90-343, ENTITLED "PUBLIC
EDUCATION PROGRAM; REQUIREMENTS FOR RECYCLING CONTRACTORS;
WARNING PERIOD; ENFORCEMENT DATE," BY EXTENDING THE WARNING
PERIOD TO DECEMBER 31, 2013 AND EXTENDING THE BEGINNING OF THE
ENFORCEMENT OF ARTICLE V OF CHAPTER 90 TO JANUARY 1, 2014; BY
AMENDING SECTION 90-345, ENTITLED "ENFORCEMENT" BY PROVIDING FOR
THE ISSUANCE OF ONE WARNING PRIOR TO THE ISSUANCE OF A VIOLATION
BEGINNING JANUARY 1, 2014; PROVIDING FOR REPEALER SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the ordinance on Second
Reading nd Public Hearing.
9 9
BACKGROUND
At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-
3768 mandating that multi-family residences with nine (9) units or more, as well as commercial
establishments implement a single-stream recycling program by July 1, 2013.Additionally, the City
Commission passed a motion requiring that the ordinance be brought back for their discussion of its
enforcement components after the first year. The recycling ordinance provides for a one (1) year
City-led education and community outreach effort, including a six (6) month warning period before
issuing penalties.
Per the ordinance, over the last year staff has conducted targeted outreach to the condominium and
business community and has launched a public education campaign through various local media
outlets.And, since January 1, 2013, multifamily and commercial establishments that do not have a
recycling program serviced by a licensed recycling contractor or that fail to separate recyclable
material from the solid waste stream have been subject to warnings.
City Commission Memo-Recycling Ordinance
September 11, 2013
Page 2 of 3
The City's ordinance shares the same fee schedule provided by the County's ordinance. The
ordinance stipulates that properties without a recycling program have been subject to the following
penalties since July 1, 2013 for failing to provide a recycling program:
a) For the first violation, a fine of$350.
b) For the second violation, a fine of$500.
c) For the third violation, a fine of$1,000.
d) For the fourth and subsequent violations, a fine of$2,500.
The penalties for failing to use a single-stream recycling process to separate recyclables from all
other solid waste are as follows:
a) For the first violation, no fine.
b) For the second or subsequent violations, a fine of$100.
County Code (Section 15-2.5) gives the City the authority to establish and enforce its own
ordinance, provided such ordinance is equivalent to or more stringent that the County's provisions.
Therefore, per the City's Memorandum of Understanding (MOU) with the County, the penalties
provided in the City's existing ordinance cannot be modified. The County has advised that it is
agreeable to allowing an additional period for further education and outreach with the understanding
that enforcement will begin in 2014.
As of May 2013, 1477 multifamily residential buildings, businesses and commercial establishments
within the City of Miami Beach did not have a recycling program.This represents approximately 50%
of all known commercial and multifamily accounts.While some of these properties have expressed
their reluctance to comply with the ordinance requirements, other properties have indicated that
limitations in the customization (i.e. number of bins, size of bins) of the recycling programs have
prevented compliance. Additional constraints include space limitations within their property for
recycling facilities and consistent contamination of the recycling stream by uneducated residents.
On June 26, 2013,the Neighborhood and Community Affairs Committee(NCAC)recommended that
the ordinance be amended to extend the education and outreach efforts and warning period for
another six (6) months (Attachment A). Also, in the upcoming months, the City will be selecting a
third franchisee waste hauler to provide waste services to multifamily and commercial
establishments. The NCAC recommended that the third waste hauler be selected prior to penalties
coming into effect.
At the July 19, 2013 City Commission meeting, it was requested that the cost of single-stream
recycling service for multifamily residences and business be provided. The ordinance requires that
all multifamily residences with nine (9) units or more contract a private hauler for single-stream
recycling service. Multifamily residences with eight(8) units or less have the option to contract with a
private solid waste and recycling provider or contract with the City for solid waste and recycling
service. Customers that chose to contract with a private company have more flexibility regarding the
service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or
back of house).
The price of solid waste and recycling service from the three (3) franchisee waste haulers is
dependent on a number of factors including: multifamily or business location, contract duration,
proximity to other customers in the area, and specific service requested.The City's franchisee waste
haulers estimate that their recycling services cost under $5 per cubic yard a month. Currently,
multifamily residential customers under nine(9) units that chose city service pay a flat rate of$36.19
City Commission Memo-Recycling Ordinance
September 11, 2013
Page 3 of 3
per unit per month,which includes garbage pick-up twice a week and recycling service once a week.
It is estimated that recycling services comprises approximately$4 per unit per month of this flat rate.
A quote for the average cost of single-stream recycling service was requested from Southern Waste
Systems and World Waste Recycling. However, both companies have been unresponsive to
multiple requests. Miami-Dade County has reported that single-stream recycling service for
customers on county service costs approximately $3 per unit per month for service every other
week.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance on Second
Reading and Public Hearing.
Attachment:
A. Recycling Ordinance
MT/ C JJF/RWS/ESW
TAAGENDA\2013\September 11\Recycling Ordinance Memo—Second Reading.doc
i
NE: THURSDAY,AUGUST 29,2013 117NE
MIAAA BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings wig be held by the.Mayor and City Common of the City.of.
Miami Beach,Florida,in the Comnssion Chambers,3rd Floor,City Hall,17CC Convention Center Drive,Miami Beach,Florida,
Ei on Wednesday,September 11,2013 to consider the following:
10:15 GM.
An Ordinance Implementing Provisions Of The 2012-2015 Collective bargaining Agreement Between.The City And
The Communications Workers Of America,(CWA)Local 3178;implementing Sirrillar Retirement Plan Amendments For Members
u
Who Are.Not Included In Any Bargaining Unit;Amending The Miami Beach Employees'Retirement Plan Created By Ordinance
i 2006-3504;Amending.Sectlon 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(Plan)Program From Three(3)
To Five(5)Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And
E Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service For Certain
} Members;Providing For Severability;Repealing All Ordinances Ii Conflict Therewith;And Providing An Effective.Date.
inquiries may be directed to the Human Resources Department(305)673-7524.
10:30 am.
An Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,.Florida,
As Follows::Providing For The Classifications in Group rV Repmesented By The Communicators Workers Of America(CWA)Local
3178,In Accordance With The Negotiated Collective Bargaining Agreement,Effective October 1,2012,There Shall Be An Increase
Of Eleven Percent(119'))To The Maximum Wage For The,Classifications Of Lifeguard II And Lifeguard Lieutenant Effective The
First Pay Period Ending In October Of 2014,There'. Be An Across.The.Board Cost-Of-Living Adjustment(COLA)Of Thr�
Percent(3%),And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Three Percent(3%);Repealing All
Ordinance In Conflict;Providing For Severabikty,An Effective Data And Codification.
Inquiries may be directed to the Human Resources Department(305)673-7524. _
10:45 arn..
Minimum Unit Sizes For Historic Hotels And RM-2 Tower.Setbacks
i Ordinance Amending The Land Development Regulatlons Of The Code Of Ttie.Cfty Of Mlaml Beach,By Amending Chapter 142,
"Zoning Districts And Regulations,"By Amending Article II,'District Regulations."By Amending Divislon 3,"Residential Multifamily
Districts,'By Amending Section"142-155"To Modify The Requirements For Minimum Hotel Room Size For Historic FIotels Within
The.RM-i District;By Amending Section"1142- 211'To Modify The Requirements For Minimum Hotel Room Size-For Historic
Hotels Within The RM-2 District;By Amending Seddon"142.218"To Modify The.Tower Setback Requirements Within The RM-2
District;By Amending Section'142.-246"To Modify The Requirements For Minimum Hotel Room Size.For Historic Hotels Within
Tile RM-3 District
I Inquiries may be directed to the Planning Department at(305)673-7550.
n
11:00 am.
Ordinance Amending Chapter 90 Of The Miami Beach.City Code.Entitled"Solid Waste,"_By Amending Article V,Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments,"By Amending Section 90-343,Entitled
"Public Education Program;Requirements For Recycling Contractors;Warning Period;Enforcement Date,"By Extending The
Warning Period From June 30,20137b December 31.2013 And Extending The Beginning Of The Enforcement Period From July 1,
E 2013 To January 1,2014;By Amending Section 90-335,Entitled"Enforcement,"By Extending.The Beginning Of The Enforcement
Period From July 1,2013 To.January 1,2014.
I inquiries may be directed to the Public Works Department(305)673-7080.
11:15 am..
Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled"Solid Waste,"By Amending Section 90-39 Entitled,
•Fine Schedule For violations issued And Applied To Owners,.Agents,.Tenants,Occupants,Operators Or Managers,Or Persons
Responsible For The Violation;"By Amending The,Flne Schedules For Violations Of Section 90-36 And 90-96 And Providing For
Consistent Terminology Regarding First And Subsequent Offenses;By Amending,Section 90-40,Entitled"Fine Schedule For
Violations Of Sections 90-98;90-107;90-191 Et Seq.;90-221 Et Seq.;And 90-228 By Private Waste Contractors ,"By Amending
And Providing For Fine Schedules And Violations Consistent.Wtth The Provisions in The Referenced Sections And In Sections
90-36,90-99,And 90-100,Arid Providing For Consistent Terminology.Regarding First And Subsequent Offenses;By Amending
Section 90.m=2,.Entitled"UstOf Accounts,"By Providing Reporting Requirements For Discontinued Accounts Consistent With
Section 90-36.
Inquiries may be directed to the Public Works Department(305)673-7080.
11:30 am.
Ordinance Amending Chapter 82 Of The City Code,.Entitled'Public Property;By Amending Article Vi,Entitled-Naming Of Public
Facilities And Establishment Of Monuments Or Memorials,"By Amending Section 82-503,.Entitled"Naming Of Public Facilities,'
I By Eliminating The Requirement Of A Referendum fin Such Cases When The Facility To Be Narned Or Renamed Is City Owned,
And Not Already Named For An Individual Or Individuals Pursuant To Section 827503(a)(4),And The Proposed Name includes
The Name Of The Physical Location Of The Facility Or The Facility To Be Named Or Renamed.Which May Include The Name Of
The Park And/Or Street Where The Facility Is Located.
Inquiries may be directed to the City Attorney's Office(3C5)673-747C.
INTERESTED PARTIES am Invited to appear at this meating,or be represented by an agent,,or to express their views in writing
addressed to the City Commission,c%the City.Clerk,1700 Convention Center Drive,let Floor,City Hall,Miami.Beach,
Florida 33i39.Copies of these items are available for public inspection during normal business hours In the City Clerk's Office,.
1700 Convention Center Drive,1 st Floor,City Hall,Miami Beach,Florida 33139.This meeting or any of.the items herein may be
continued,and under such circumstances additional legal notice.will not be provided.
Rafael E.Granado,City Clerk
I
City of Miami Beach
Pursuant to Section 286.0105,Fla.Slat,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 constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant
evidence,nor does it authorize.challenges or appeals not otherwise allowed by law.
! request To re this material In accessible format,stn lam
l q g linage Interpreters,information on access for persons with disabilities and!'
or any acep rnodaation to review any document or participate in,any City-sponsored proceeding,please contact us five days In
advance at(305)673-741!(voice)or TTY users may also call the Florida Relay Service at 711.
Ad 6799