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HomeMy WebLinkAboutOrdinance 2021-4439 ORDINANCE NO. 2021-4439 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE- NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS IN HONOR OF A PROMINENT JEWISH FIGURE WHO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO JEWISH HISTORY AND/OR JEWISH-RELATED INITIATIVES; PROVIDING SUNSET PROVISIONS THEREFOR; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, under existing criteria in Section 82-503 of the City Code, City streets may only be co-named of (1) Miami Beach police officers who died or were killed in the line of duty; (2) a public facility located on the street to be co-named; (3) private not-for- profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city; (4) geographic areas within the city; or (5) a commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named; and WHEREAS, at the February 10, 2021 City Commission meeting, at the request of Commissioner David Richardson, an agenda discussion item was referred to the Neighborhood and Quality of Life Committee ("NQLC")for it to consider the co-naming of 19th Street in honor of a prominent Jewish figure who made significant contributions to Jewish-related initiatives; and WHEREAS, at its March 22, 2021 meeting, the NQLC reviewed the proposal and did not favorably recommend the amendment to Section 82-503 of the City Code; and WHEREAS, notwithstanding the NQLC's unfavorable recommendation, the sponsor desires for this proposal to be fully considered by the City Commission at first reading; and WHEREAS, the proposed co-naming of the 19th Street after a prominent Jewish figure who made significant civic contributions to Jewish history would be a fitting tribute to the Jewish people considering 19th Street's proximity to the Holocaust Memorial; and WHEREAS, as a people, Jews have contributed dramatically to Florida's economy, culture, and government, and have created institutions that have allowed Jewish heritage to flourish and identity to strengthen; and WHEREAS, the rich legacy of the Jewish community in Florida can be found in every region of the state, especially the City of Miami Beach, where there is a number of Jewish landmarks throughout the city, including the Jewish Museum of Florida-FIU, and the Holocaust Memorial; and WHEREAS, the sponsor of the ordinance is proposing to co-name the 19th Street in honor of the late Elie Wiesel, a Romanian-born Jewish writer, professor, political activist, Nobel laureate, and Holocaust survivor; and WHEREAS, Mr. Wiesel authored 57 books, including Night, a work based on his experiences as a Jewish prisoner in the Auschwitz and Buchenwald concentration camps, which provided the world with an invaluable firsthand account of the horrors that the Jewish people had endured and remains an integral part of Holocaust literature; and WHEREAS, Elie Wiesel continued to make significant civic contributions to Jewish history and Jewish-related initiatives through his distinguished career as a writer, professor, and political activist; and WHEREAS, Elie Wiesel was the Founding Chairman of the United States Holocaust Memorial Council, and helped establish the United States Holocaust Memorial Museum in Washington, D.C., which provides for the documentation, study, and interpretation of Holocaust history; and WHEREAS, Elie Wiesel established the Elie Wiesel Foundation for Humanity, which is focused on combatting "indifference, intolerance and injustice through international dialogue and youth-focused programs that promote acceptance, understanding and equality"; and WHEREAS, in 1986, Elie Wiesel was awarded the Nobel Peace Prize for being a "messenger to mankind," and "one of the most important spiritual leaders and guides in an age when violence, repression and racism continue to characterize the world," and dedicated his Nobel Peace Prize to those who survived the Holocaust; and WHEREAS, Elie Wiesel was awarded the Presidential Medal of Freedom in 1992 for being a 'keeper of the flame of freedom' and challenging people of all religions to remember the Holocaust; and WHEREAS, co-naming 19th Street after a prominent Jewish figure and a Holocaust survivor would be appropriate and fitting due to its proximity to the City's Holocaust Memorial, a striking, beautiful memorial built for remembrance of lives taken not only during the Holocaust, but for the promotion of tolerance and human rights. 2 WHEREAS, in order to co-name a City street in honor of a prominent Jewish figure who made significant civic contributions to Jewish history and/or Jewish-related initiatives, the adoption of the limited, additional co-naming criteria set forth herein is required. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That section 82-503 of Article VI of Chapter 82 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY Article VI. Naming of Public Facilities and Establishment of Monuments or Memorials Sec. 82-503. Naming of public facilities; co-naming and renaming of streets. (c) Co-naming/renaming of streets or portions thereof. (1) a. Streets, or portions thereof, located in the city may be co-named in honor of: 1. Miami Beach police officers who died or were killed in the line of duty; 2. A public facility located on the street to be co-named; 3. Private not-for-profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city and which are located on the street, or portion thereof, to be co-named; 4. Geographic areas within the city; 5. A commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named; or 6. Deceased person who served as the spiritual leader of a prominent religious institution in the City of Miami Beach for 35 or more years and resided in the City of Miami Beach. 7. Deceased persons who are known for their role as a gay-rights pioneer and as one of the first openly LGBTQ people ever elected to public office in the U.S. 3 8. Deceased historical figure who was instrumental in helping Latin American countries achieve independence from the Spanish Empire. 9. A prominent Jewish figure who made significant civic contributions to Jewish history and/or Jewish-related initiatives. The provisions in this subsection 82-503(c)(1)a., shall not apply to streets named or co-named prior to June 21, 2014. The provisions in subsection 82- 503(c)(1)a.6. and (c)(2)a.7. shall automatically sunset on July 1, 2019. The provisions in subsection 82-503(c)(1)a.7. and (c)(2)a.8. shall automatically sunset on May 1, 2022. The provisions in subsection 82-503(c)(1)a.8. and (c)(2)a.9. shall automatically sunset on July 1, 2022. The provisions in subsections 82-503(c)(1)a.9 and (c)(2)a.10 shall automatically expire on September 30, 2022. b. Notwithstanding the provisions in subsection 82-503(c)(1)a., the following streets, or portions thereof, shall not be co-named or renamed: 5th Street, 41 st Street, 71 st Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive. The provisions in this subsection 82-503(c)(1)b., shall not apply to streets, or portions thereof, that are co-named or renamed prior to December 27, 2014. (2) Whenever a request is made to co-naming shall first be considered and reviewed by the committee according to the following procedures: a. Any person, organization, association, corporation or other entity, including a member of the city, may propose that a street be co-named, by submitting the request in writing to the committee. At a minimum, such request shall include the following: 1. The street, or portion thereof, to be co-named; and 2. The proposed co-name of the street, or portion thereof; and 3. The reason for the request; and 4. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.1., a factual summary including the date and circumstances under which the officer died or was killed in the line of duty; and 5. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.3., a factual summary confirming the significant historic value of the private not-for-profit organization, and the associated structure, to the city; and 6. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.5., a factual summary confirming the commercial establishment's contribution to the city; and 7. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.6., a factual summary confirming the status of the person as a spiritual leader of a prominent religious institution in the City of Miami 4 Beach for 35 or more years and that the person resided in the City of Miami Beach. 8. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.7., a factual summary confirming the status of the person as a gay-rights pioneer and one of the first openly LGBTQ people ever elected to public office in the U.S. 9. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.8., a factual summary confirming the status of the person as a deceased historical figure who was instrumental in helping Latin American countries achieve independence from the Spanish Empire_ 10.If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.9., a factual summary confirming the status of the person as prominent Jewish figure who made significant civic contributions to Jewish history and/or Jewish-related initiatives. b. Within a reasonable time after receipt of the request, the committee shall meet to consider and review same. Notice of the meeting shall be given to the person and/or organization that made the request. c. After reviewing the request, the committee shall transmit its recommendation to the city commission regarding the request. The committee's recommendation requires a simple majority vote. d. Within a reasonable time after receiving the recommendation from the committee, the commission shall call a public hearing regarding the co- naming. Notice of the public hearing shall be published at least ten days prior to the hearing in a newspaper of general circulation in the city. e. At the close of the public hearing, the city commission may approve the request. Any request to co-name a street or portion thereof pursuant to this subsection 82-503(c) must be approved by a 5/7 the vote of the city commission. f. Any person, not-for-profit organization, or commercial establishment to be recognized by the co-naming of a street, or portion thereof, must be in good standing in the community at the time of final approval of same by the city commission and if, after the street is co-named, the person recognized, or the principal(s) of the not-for-profit commercial establishment recognized are subsequently convicted or adjudicated guilty of a felony, the co-name shall be removed from the street sign. In addition, the city commission may approve the removal of the co-name of a street at a public hearing if said person, not-for-profit organization, or commercial establishment is no longer in good standing in the community. In either case, neither the city, nor any of its officers, employees, contractors, or agents, shall have any liability to the person, not-for-profit organization, or commercial establishment recognized by the co-naming of the street or to the principal(s) of such not-for-profit organization or commercial establishment (including, without limitation, if such person or principal(s) are deceased, his/her heirs, relatives, 5 successors, or assigns), and/or any other party(ies) for any costs or claims resulting from such removal (and including, without limitation, reimbursement of any costs incurred for design, fabrication, installation, and/or maintenance of the street sign, if applicable). 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 part of the Miami Beach City Code. 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the a7 day of 5�' "1'2021. PASSED AND ADOPTED this i7 day of 2021. n.t161 C Mayor ATTEST: ��• -�` ��/ram "V INCORPI ORATED: SEP 2 7 21 A, f� Raf E. ranado, City Clerk � !_`� 2 ,.' . ,.., APPROVED AS TO FORM &I-ANGUAGE &FOR U(ECUTION Underline denotes additions denotes deletions city Attorney .A Date (Sponsored by Commissioner David Richardson �^ Co-sponsored by Mayor Dan Gelber) 6 Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz,Acting City Attorney DATE: September 17, 2021 10:10 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS IN HONOR OF A PROMINENT JEWISH FIGURE WHO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO JEWISH HISTORY AND/OR JEWISH-RELATED INITIATIVES; PROVIDING SUNSET PROVISIONS THEREOF; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. ANALYSIS See attached Commission Memorandum and Ordinance. SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of the City Attorney Sponsor Commissioner David Richardson and Co-sponsored by Mayor Dan Gelber Page 799 of 1657 ATTACHMENTS: Description ❑ Commission Memorandum ❑ Ordinance Page 800 of 1657 • l OFFICE OF THE CITY ATTORNEY RAFAEL PAZ,ACTING CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING ALINA T. HUDAK, CITY MANAGER FROM: RAFAEL PAZ,ACTING CITY ATTORNEY DATE: September 17, 2021 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED"NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS IN HONOR OF A PROMINENT JEWISH FIGURE WHO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO JEWISH HISTORY AND/OR JEWISH-RELATED INITIATIVES; PROVIDING SUNSET PROVISIONS THEREOF; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. Pursuant to the request of Commissioner David Richardson and Mayor Dan Gelber, the above-referenced Ordinance was adopted on First Reading at the July 28, 2021 City Commission meeting, with Second Reading scheduled for September 17, 2021. Under existing criteria in Section 82-503 of the City Code, City streets may only be co- named of(1) Miami Beach police officers who died or were killed in the line of duty; (2) a public facility located on the street to be co-named; (3) private not-for-profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city; (4) geographic areas within the city; or(5) a commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named. At the February 10, 2021 City Commission meeting, at the request of Commissioner David Richardson, an agenda discussion item was referred to the Neighborhood and Quality of Life Committee ("NQLC") for it to consider the co-naming of 19th Street, between Meridian Avenue and Convention Center Drive/Muhammad Ali Way, and located adjacent to the Miami Beach Holocaust Memorial and north of the Pride Park, in honor of a prominent Jewish figure who made significant civic contributions to Jewish history, along with any amendment to Section 82-503 of the City Code that may be required to Page 801 of 1657 Commission Memorandum September 17,2021 Page 2 of 2 accomplish the naming. The proposed Ordinance includes the criteria which would facilitate the co-naming in honor of a prominent Jewish figure. At its March 22, 2021 meeting, the NQLC reviewed the proposal and did not favorably recommend the amendment to Section 82-503 of the City Code. Notwithstanding the NQLC's unfavorable recommendation, Commissioner Richardson desires for this proposal to be fully considered by the City Commission at first reading on July 28, 2021. The rich legacy of the Jewish community in Florida can be found in every region of the state.As a people, Jews have contributed dramatically to Florida's economy, culture, and government, and have created institutions that have allowed Jewish heritage to flourish and identity to strengthen. There are also a number of Jewish landmarks throughout the city, including the Jewish Museum of Florida-FIU, and the Holocaust Memorial. The sponsor of the ordinance is proposing to co-name the 19th Street in honor of the late Elie Wiesel, a Romanian-born Jewish writer, professor, political activist, Nobel laureate, and Holocaust survivor. Mr. Wiesel authored 57 books, including Night, a work based on his experiences as a Jewish prisoner in the Auschwitz and Buchenwald concentration camps, which provided the world with an invaluable firsthand account of the horrors that the Jewish people had endured and remains an integral part of Holocaust literature. Elie Wiesel continued to make significant civic contributions to Jewish history and Jewish- related initiatives through his distinguished career as a writer, professor, and political activist. He was the Founding Chairman of the United States Holocaust Memorial Council, and helped establish the United States Holocaust Memorial Museum in Washington, D.C.,which provides for the documentation,study,and interpretation of Holocaust history. Mr. Wiesel also established the Elie Wiesel Foundation for Humanity, which is focused on combatting "indifference, intolerance and injustice through international dialogue and youth-focused programs that promote acceptance, understanding and equality." In 1986, Elie Wiesel was awarded the Nobel Peace Prize for being a "messenger to mankind," and `one of the most important spiritual leaders and guides in an age when violence, repression and racism continue to characterize the world." Elie Wiesel was awarded the Presidential Medal of Freedom in 1992 for being a 'keeper of the flame of freedom' and challenging people of all religions to remember the Holocaust. Co-naming 19th Street after a prominent Jewish figure and a Holocaust survivor would be appropriate and fitting due to its proximity to the City's Holocaust Memorial, a striking, beautiful memorial built for remembrance of lives taken not only during the Holocaust, but for the promotion of tolerance and human rights. 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