Ordinance 99-3195 ORDINANCE NO, 99-3195
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2
ENTITLED "ADMINISTRATION",ARTICLE III, SECTION
2-31(d) THEREOF AMENDING THE COMPOSITION OF
THE BARRIER-FREE ENVIRONMENT COMMITTEE BY
• REDUCING THE NUMBER OF VOTING MEMBERS FROM
NINE TO FIVE; PROVIDING FOR CODIFICATION,
SEVERABILITY, REPEALER,AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. Section 2-31(d) of Division 2 of Article III of Chapter 2 entitled
"Administration" of the Miami Beach City Code is hereby amended to read
as follows:
Article III. Agencies, Boards and Committees.
* * *
Division 2. Barrier Free Environment Committee.
* * *
Sec. 2-31. Established; purpose; composition.
* * *
(d) Composition. The barrier-free environment committee shall be composed of
nine five (5) voting members appointed by the city commission at-large and six
non-voting ex-officio members`. 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; children with
developmental disabilities; children with physical disabilities; and the industries of
tourism and convention, retail, hospitality (restaurant or hotel), and health care (or
rehabilitation). The non-voting ex-officio members shall be the Director of the office
of Children's Affairs, a designee of the Building Department Director, a designee of
the Rccrcation, Culturc and Parks Dircctor, Parks and Recreation Department
Director, a designee of the Police Chief, a designee of the Parking Department
Director and the City's ADA Coordinator or his designee. The City Attorney's office
shall provide legal counsel.
* * *
SECTION 2. 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 relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
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. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 17th day of July , 1999
PASSED and ADOPTED this 7th day of July , 1999.
ATTEST:
MAYOR
7440-- 9aA,614.1A
CITY CLERK
1st reading 6/23/99
2nd reading 7/7/99
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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', ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. S OO ' C)
TO: Mayor Nelsen Kasdin and DATE: July 7, 1999
Members of the City Co• mission
FROM: Sergio Rodriguez
City Manager /
SUBJECT: SECOND '1 MING PUBLIC HEARING - AN ORDINANCE OF THE
MAYOR • ND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE MIAMI BEACH CITY CODE CHAPTER 2
ENTITLED "ADMINISTRATION", ARTICLE III, SECTION 2-31(d)
THEREOF AMENDING THE COMPOSITION OF THE BARRIER-FREE
ENVIRONMENT COMMITTEE BY REDUCING THE NUMBER OF
VOTING MEMBERS FROM NINE TO FIVE; PROVIDING FOR
CODIFICATION, SEVERABILITY, REPEALER,AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance.
BACKGROUND:
The current City of Miami Beach Code Chapter 2, entitled "Administration," Article III, Section 2-
31(d)establishes the composition of the Barrier-Free Environment Committee to be nine(9)voting
members appointed by the City Commission and six(6)non-voting ex-officio members.The Barrier-
Free Environment Committee does not currently have nine(9)voting members and for over a year,
it has been functioning with only four(4) members.
At the June 23, 1999 Commission meeting, the proposed ordinance amending the composition of
the Committee and reducing the number of voting members from nine (9) to five (5), was
approved on first reading and a public hearing for second and final reading was scheduled for July
7, 1999.
ANALYSIS:
At the Barrier- Free Environment Committee meetings of January 25, and February 22, 1999,
the members debated various issues concerning the membership and actual composition of the
Committee. Eligible candidates interested in serving in the Committee had not been identified and
the Committee concluded that, under the current circumstances, they could never reach a
quorum.
AGENDA ITEM ' \5 C
DATE 1—99
A motion was then unanimously approved to amend Article III, Section 2-31(d) of the City Code,
thereby reducing the number of voting members from nine (9) to five (5) (Attachment #1).
CONCLUSION:
The City Commission should adopt the Ordinance on second reading public hearing.
(?'PC
SR\ DS\J M\cdv
Attachments-
F:\WORK\SALL\MAGMIC\ADA\COMTITL3 WPD
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
DATE: April 9, 1999
TO: Murray Dubbin, City Attorney
FROM: Sergio Rodriguez. City Manager
RE: AMENDMENT TO THE CI ' !/' DE /
DIVISION 2. BARRIER-FREE ENVIRONMENT COMMITTEE;
SEC. 2-31(d) - COMPOSITION.
In a letter dated March 22, 1999, the members of the Barrier-Free Environment Committee
requested an amendment to the City Code, Division 2 - Barrier-Free Environment Committee;
Sec. 2-31(d) - Composition, concerning the composition and membership of the Committee (see
attached). The request is for the number of voting members of the Committee to be reduced from
nine (9) to five (5).
Please have the necessary amendment prepared for the Commission's consideration. Should you
have any questions, please contact Michel Magloire, ADA Coordinator, at extension 6709.
SR/CMC/J ;MML'iz
Attachment
c: Christina M. Cue: o, Assistant City Manager
Donald Pap:;, Chief Deputy City Attorney
Julio Grave de Peralta, Public Works Director
Jorge E. Cha:trand, Capital Projects Coordinator
Michel Magloire, ADA Coordinator
F:1WOR::',S,ALU.M.A GMMIC-ADA\\BFECICITYORDI.W°D
ATTACHMENT #1 - 1 of 2
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
March 22, 1999
To: Mayor Nelsen Kasdin
Members of City Commission
From: Members of the Barrier - Free Environment Committee
Subject: Request to amend the City Ordinance concerning the composition of the
Barrier- Free Environment Committee.
The members of the Barrier - Free Environment Committee want to bring to the Mayor and City
Commission's attention an important issue concerning the Committee's current membership and
composition. The Committee is currently composed of only four (4) voting members. They are as
follows:
Mr. Andrew Batavia, Co-Chairperson
Ms. Mildred Levenson, Co-Chairperson
Mr. Lee Weiss
Ms. Brenda Wildy
•
The City Ordinance requires that the Committee be composed of nine (9) voting members. The
current membership indicates that a quorum can never be reached. For that reason, we are
respectfully requesting that, the Honorable Mayor and City Commission amend the current City
Ordinance regarding the composition of the Barrier- Free Environment Committee and reduce the
required number of voting members to five (5).
In addition, last year, the Committee, voted unanimously a motion to request that the City
Commission consider the appointment of Mr. Michael Brennan to the Barrier- Free Environment
Committee. Mr.Brennan has, in the past, been an asset to this Committee. We are then pleased
to, respectfully, resubmit this request for your consideration.
Finally, we thank you for the opportunity given to us to raise more awareness in the City on matter
of accessibility.
Thank you for your attention to these requests.
F.\WORK\3ALL JdAGMIC'ADA\BFE C\O ROI NANC.'NP D
c: Sergio Rodriguez, City Manager
Christina C. Cuervo, Assistant City Manacer
Donald Papy, Chief Deputy City Attorney
Robert Parcher, City Clerk
Julio Grave de Peralta, Public Works Director
Jorge Chartrand, Capital Projects Coordinator
Michel Magloire, ADA Coordinator
AMEMMMIIMINCHINIIMINIMMIE
ATTAC HMatT #1 — 2 of 2
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