Loading...
BIE - Disability Access Committee (07/05/2024)M IA M I BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: Mayor Steven Meiner and Members of the City Commission Rickelle Williams, Interim City Manager f( b.,_j MEETING DATE: July 24, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA. AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE. ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE 111, ENTITLED "AGENCIES. BOARDS AND COMMITTEES," BY AMENDING DIVISION 2. ENTITLED "DISABILITY ACCESS COMMITTEE" BY AMENDING SECTION 2-31 THEREOF TO REDUCE QUORUM AND VOTING REQUIREMENTS FROM EIGHT TO FIVE MEMBERS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? 0 Yes □No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above-referenced Ordinance is not required by State law. □The proposed Ordinance is required for compliance with Federal or State law or regulation; □The proposed Ordinance relates to the issuance or refinancing of debt; □The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; □The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; □The proposed Ordinance is an emergency ordinance; □The Ordinance relates to procurement; or □The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Business Impact Estimate Page2 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041 (4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic impact on private, for-profit businesses in the City of Miami Beach, that the proposed Ordinance will have no direct compliance costs that businesses may reasonably incur; that the proposed Ordinance will not impose any new charge or fee for which businesses will be financially responsible, and that the proposed Ordinance will not impact the City of Miami Beach's regulatory costs and will not generate any revenue from new charges or fees. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed Ordinance. 14. Additional comments: None. O r d i n a n c e s - R S N MIAMI B E A C H COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: TITLE: June 26, 2024 First Reading AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE" BY AMENDING SECTION 2-31 THEREOF TO REDUCE QUORUM AND VOTING REQUIREMENTS FROM EIGHT TO FIVE MEMBERS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS The attached Ordinance was prepared at the request of Commissioner Alex Fernandez for consideration at the May 15, 2024 City Commission meeting. The City's Disability Access Committee (the "Committee") was first established in 1997, to review, formulate and coordinate information, suggestions, proposals and plans and to address complaints from the general public to provide more conveniently accessible facilities, public buildings, streets, sidewalks and programs for the persons with disabilities in the City. The Committee's current quorum and voting requirement of eight (8) members has presented logistical challenges for Committee's decision-making process, particularly in instances where members are unable to attend and vote in-person due to disability-related accessibility barriers. Reducing the quorum and voting requirements to accommodate virtual attendance would provide flexibility for members, particularly those with who may face challenges attending in-person meetings due to mobility issues or other accessibility barriers. The proposed Ordinance seeks to reduce the quorum and voting requirement to (five) 5 members, which would facilitate more efficient decision-making processes while still ensuring representation from a diverse range of perspectives. FISCAL IMPACT STATEMENT N/A Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Is this item related to a G.O. Bond Project? N o N o Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Alex Fernandez Co-sponsor(s) ORDINANCE NO. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE" BY AMENDING SECTION 2-31 THEREOF TO REDUCE QUORUM AND VOTING REQUIREMENTS FROM EIGHT TO FIVE MEMBERS; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City's Disability Access Committee (the "Committee") was first established in 1997, to review, formulate and coordinate information, suggestions, proposals and plans and to address complaints from the general public to provide more conveniently accessible facilities, public buildings, streets, sidewalks and programs for the persons with disabilities in the City; and WHEREAS, the Committee's current quorum and voting requirement of eight (8) members has presented logistical challenges for Committee's decision-making process, particularly in instances where members are unable to attend and vote in-person due to disability-related accessibility barriers; and WHEREAS, the Mayor and City Commission understand that reducing the quorum and voting requirements to accommodate virtual attendance provides flexibility for members, particularly those with who may face challenges attending in-person meetings due to mobility issues or other accessibility barriers; and WHEREAS, reducing the quorum and voting requirement to (five) 5 members will facilitate more efficient decision-making processes while still ensuring representation from a diverse range of perspectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Division 2 of Article 111, of Chapter 2 of the City Code, entitled "Administration," is hereby amended as follows: Chapter 2- ADMINISTRATION i i i ARTICLE 111. - AGENCIES, BOARDS AND COMMITTEES k k k DIVISION 2. DISABILITY ACCESS COMMITTEE Sec. 2-31. Established; purpose; composition. (a) Established. There is hereby established the disability access committee, whose purposes, power and duties, composition, membership qualification and general governing regulations are as set forth in this section. (b) Purpose. The purpose of this committee is to review, formulate and coordinate information, suggestions, proposals and plans and to address complaints from the general public to provide more conveniently accessible facilities, public buildings, streets, sidewalks and programs for the persons with disabilities in the city. The committee, in the context of this transition plan, is consulted with in terms of prioritization of accessibility-related improvements to city facilities. The priorities are in terms of both the order of which facilities to modify, and also the particular improvements to each respective facility. The committee may provide accessibility- related input to the following departments: building services, recreation, culture and parks, police and code compliance. (c) Powers and duties. See subsection (b) of this section. In addition, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibility-related issues and reporting to the disability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. (d) Composition. The disability access committee shall be composed of 14 voting members; the mayor and each city commissioner shall make two direct appointments. A quorum shall consist of eight fiye members. Formal action of the board shall require at least eight five votes. Consideration shall be given, but not be 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; and the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The city attorney's office shall provide legal counsel. ( e) Knowledge and experience. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the needs of persons with disabilities. Consideration shall be given, but not be limited to, recommendations solicited by the city commission from associations to be specified by the disability access committee at a later date. (f) Supporting department. The supporting department of the committee is public works. Secs. 2-32-2-35. Reserved. * * * SECTI ON 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 p a rt o f t h e M ia m i B e a c h C it y C o d e . T h e s e c tio n s o f th is o r d in a n c e m a y b e re n u m b e r e d o r r e le tt e r e d to a c c o m p lis h s u c h in te n t io n , a n d th e w o r d "o r d in a n c e " m a y b e c h a n g e d to "s e ct i on ," "ar ticl e ," or o t h e r a p p ro p r ia te w o r d . SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DA TE. This Ordinance shall take effect on the day of , 2024. PASSED AND ADOPTED this day of,2024. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk Underline denotes additions Strikethrough denotes deletions (sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION cry tome Date