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Ordinance 2022-4478 ORDINANCE NO. 2022-4478 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 DECEASED PHOTOGRAPHER WHO DOCUMENTED THE LIFE AND RESIDENTS OF MIAMI BEACH; AND 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, Andrew John Sweet was an American photographer known 'for his documentary photography and street photography OF the life and residents of South Beach, with a particular focus on the Jewish community, many of them Holocaust survivors; and WHEREAS, Sweet was born in Miami Beach and attended Miami Beach Senior High School; and WHEREAS, Sweet returned home to Miami Beach after receiving a Masters degree in Fine Arts from the University of Colorado at Boulder in 1977, to photograph the old world Jewish culture that then distinguished South Beach; and' WHEREAS, in 1982, Sweet's life and his art were cut tragically short when he was murdered at the age of 29; and WHEREAS, the Miami Herald Tropic Magazine ran a cover story on his death and documentary photography,writing that "[t]hough young, Sweet was virtually an institution on the Beach, having made thousands of images of the place and the people."; and WHEREAS, Sweet's work was appreciated by other documentary photographers --- nationally famed photographer Mary Ellen Mark praised his "strong, humorous, and beautiful images," and wrote that his body of work was "unprecedented for someone so • • young...He definitely would have gone on to make many more wonderful images and to become a real photographic force;" and WHEREAS, on December 14, 2016, the Mayor and City Commission voted to erect a plaque in the Art Deco District in Mr. Sweet's honor; and WHEREAS, Sweet left an extensive body of work that exhibits a level of creative maturity far beyond his years, and his photographs are a testimony to a rich but often overlooked period of Miami Beach's cultural heritage; and WHEREAS, the sponsor of the Ordinance proposes the amendments set forth below that would allow the Mayor and City Commission to co-name a portion of 30th Street from Indian Creek to Collins Avenue in honor of Andy Sweet; and WHEREAS, co-naming a portion of 30th Street from India Creek to Collins Avenue would be fitting because Andy Sweet resided on 215 30th Street until his death. 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 r 2 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. 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. 10. Deceased Cuban-American artist who made vast contributions to Latin music history and culture. 11. Deceased photographer who documented the life and residents of Miami Beach. 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. The provisions in subsections 82-503(c)(1)a.10 and (c)(2)a.11 shall automatically expire on January 31, 2023. The provisions in subsections 82-503(c)(1)a.11 and (c)(2)a.12 shall automatically expire on March 1, 2023. 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, 41st Street, 71st 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 3 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 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. 11. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.10., a factual summary confirming the status of the person as a deceased Cuban-American artist who made vast contributions to Latin music history and culture. 12. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.11., a factual summary confirming the status of the person as a deceased photographer who documented the life and residents of Miami Beach. 4 • • 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, 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. 5 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. hh,, This Ordinance shall take effect on the If day of '„4r64 , 2022. PASSED AND ADOPTED this 9 day of ylxrrdt- , 2022. ATTEST: MAR 1 4 202Z Dan Gelber, Mayor Rafael . Granado, City Clerk P` �. ; It LORF ORATED.' Underline denotes additions �, ' - Strikethrough denotes deletions (Sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 0?)-7.7' —2.Z.. City Attorney Date 6 Ordinances-R5 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: March 9, 2022 10:35 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 DECEASED PHOTOGRAPHER WHO DOCUMENTED THE LIFE AND RESIDENTS OF MIAMI BEACH; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BACKGROUND/HISTORY At the February 9, 2022 City Commission Meeting, the proposed Ordinance, sponsored by Commissioner Alex Fernandez, was unanimously approved on first reading. No changes have been made between first and second reading. A summary of the proposed Ordinance is set forth below. ANALYSIS 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; (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. The proposed Ordinance seeks to amend Section 82-503 of the City Code to allow the Mayor and City Commission to co-name a portion of 30th Street from Indian Creek to Collins Avenue in honor of Andy Sweet. Page 297 of 874 Andrew John Sweet was an American photographer known for his documentary photography and street photography of the life and residents of South Beach, with a particular focus on the Jewish community, many of them Holocaust survivors. Sweet was born in Miami Beach and attended Miami Beach Senior High School. Sweet returned home to Miami Beach after receiving a Masters degree in Fine Arts from the University of Colorado at Boulder in 1977, to photograph the old world Jewish culture that then distinguished South Beach. In 1982, Sweet's life and his art were cut tragically short when he was murdered at the age of 29. The Miami Herald Tropic Magazine ran a cover story on his death and documentary photography, writing that"[t]hough young, Sweet was virtually an institution on the Beach, having made thousands of images of the place and the people." Sweet's work was appreciated by other documentary photographers — nationally famed photographer Mary Ellen Mark praised his "strong, humorous, and beautiful images," and wrote that his body of work was "unprecedented for someone so young...He definitely would have gone on to make many more wonderful images and to become a real photographic force." On December 14, 2016, the Mayor and City Commission voted to erect a plaque in the Art Deco District in Mr. Sweet's honor. Sweet left an extensive body of work that exhibits a level of creative maturity far beyond his years, and his photographs are a testimony to a rich but often overlooked period of Miami Beach's cultural heritage. Co-naming a portion of 30th Street from India Creek to Collins Avenue would be fitting because Andy Sweet resided on 215 30th Street until his death. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION 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? No No Strategic Connection Non-Applicable Legislative Tracking Office of the City Attorney Page 298 of 874 Sponsor Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Ordinance Page 299 of 874