R5F-Amend Agencies Boards And Committees - Disability Access Comm -Wolfson-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
The Code Of The City Of Miami Beach By Amending Chapter 2, Entitled "Administration," By
Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 2, Entitled
"Disability Access Committee," By Amending Sec. 2-31(D) To Increase The Number Of Members
From Seven (7) To Fourteen (14) And Amending The Quorum Requirement; Providing For
Codification, Repealer, Severability, An Effective Date, And A Sunset Date.
Ke Intended Outcome Su orted:
Supporting Data (Surveys, Environmental Scan, etc.}:
Issue:
Shall the Mayor and City Commission increase the Disability Access Committee (DAC)
membershi to 14?
Item Summary/Recommendation:
At the July 13, 2011 City Commission Meeting, the Commission passed and adopted ordinance No.
2011-3731, which amended sec. 2-31 (C) to provide that the chairperson of the committee may
designate a committee member to obtain information from, and provide input to other City agencies
boards, or committees relative to accessibility related issues.
At the September 14, 2011 Commission Meeting, a discussion item was placed in the Commission
agenda by Commissioner Jonah Wolfson, regarding changes made to the Disability Access
Committee (DAC). A Motion was made by Commissioner Wolfson to refer the item back to the
Neighborhood/Community Affairs Committee (NCAC) meeting, where it first originated, to clarify any
misunderstandings by some people and that proposed changes to the ordinance be explained.
At the December 14, 2011 NCAC meeting, the Committee recommended that the City Commission
increase the membership of the DAC to fourteen (14) and bring it back to City Commission for
approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission Meeting;
however, the Mayor and City Commission deferred the item to the next meeting on March 21, 2012,
with a request to further amend the provisions relating to the composition of the Committee by
expanding the membership of the Committee from seven (7) to fourteen (14) members and increasing
the quorum requirement for a period of two years, at which time the amendment set forth in this
Ordinance shall sunset.
Advisory Board Recommendation:
I None
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Department Director Assistant City Ma
FHB DRB
T:\AGENDA\2012\3-21-1
MIAMI BEACH 397
Account Approved
AGENDA ITEM R s-F
DATE 3-2/-/L
(9 MIAMI BEJ1~ H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the ity Commission
From: Jorge M. Gonzalez, City Manager
Date: March 21, 2012
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 2,
ENTITLED "DISABILITY ACCESS COMMITTEE," BY AMENDING SEC. 2-
31(D) TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN (7) TO
FOURTEEN (14) AND AMENDING THE QUORUM REQUIREMENT;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AN
EFFECTIVE DATE, AND A SUNSET DATE.
BACKGROUND
At the July 13, 2011 City Commission Meeting, the Commission passed and adopted
ordinance No. 2011-3731, which amended sec. 2-31 (C) to provide that the chairperson
of the committee may designate a committee member to obtain information from, and
provide input to other City agencies boards or committees relative to accessibility related
issues.
At the September 14, 2011 Commission Meeting, a discussion item was placed in the
Commission agenda by Commissioner Jonah Wolfson regarding changes made to the
Disability Access Committee (DAC). A Motion was made by Commissioner Wolfson to
refer the item back to the Neighborhood/Community Affairs Committee (NCAC) meeting,
where it first originated, to clarify any misunderstandings by some people and that
proposed changes to the ordinance be explained.
At the December 14, 2011 NCAC meeting, the Committee recommended that the City
Commission increase the membership of the DAC to fourteen (14) and bring it back to
City Commission for approval.
A first reading of the ordinance was scheduled at the February 8, 2012 Commission
Meeting; however, the Mayor and City Commission deferred the item to the next meeting
on March 21, 2012 with a request to further amend the provisions relating to the
composition of the Committee by expanding the membership of the Committee from
seven (7) to fourteen (14) members and increasing the quorum requirement for a period
of two years, at which time the amendments set forth in this Ordinance shall sunset.
398
Disability Access Committee Commission Memo
March 21, 2012
Page 2 of2
FINANCIAL IMPACT
Pursuant to the City Charter, the financial impact, if approved, is estimated to be
$3,449.25 annually assuming all seven new members apply for the parking decal. This
estimate is based on the estimated annual value of a citywide parking decal at $492.75.
ADMINISTRATION RECOMMENDATION
The Administration requests that the Commission carefully consider this request and
balance the desire to increase the membership of the Disability Access Committee to
provide a better representation versus the potential quorum problems that a fourteen
(14) member board may experience.
DRB/FHB/DK
T:\AGENDA\2012\3-21-12\Disability Access Committee memo
399
ORDINANCE NO. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 2, ENTITLED "DISABILITY ACCESS COMMITTEE," BY
AMENDING SEC. 2-31{D) TO INCREASE THE NUMBER OF
MEMBERS FROM SEVEN {7) TO FOURTEEN {14) AND AMENDING
THE QUORUM REQUIREMENT; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AN EFFECTIVE DATE, AND A SUNSET
DATE.
WHEREAS, the Disability Access Committee ("Committee") voted unanimously to
increase its board membership from seven (7) members by adding an additional seven (7)
members for a total of fourteen (14) members; and
WHEREAS, the matter was referred to the Neighborhood/Community Affairs Committee
(NCAC) by the City Commission on July 14, 2010 to discuss an amendment to increase the
membership on the Committee and, at its December 14, 2010 meeting, the NCAC moved to
recommend to the City Commission the increase in the number of members of the Committee
from seven (7) to fourteen (14) members; and
WHEREAS, at the January 19, 2011 City Commission meeting, the City Commission
approved the recommendation to increase the number of members on the Committee from
seven (7) to fourteen (14) members; and
WHEREAS, at the February 9, 2011 City Commission meeting, an ordinance increasing
the Committee's membership was approved on first reading and a second reading, public
hearing was scheduled for March 9, 2011. In the interim, the item was referred to the NCAC;
and
WHEREAS, at the July 13, 2011 City Commission meeting, the Commission passed and
adopted an Ordinance No. 2011-3731 amending the powers and duties of the Committee; and
WHEREAS, the Mayor and City Commission wish to further amend the provisions
relating to the composition of the Committee by expanding the membership of the Committee
from seven (7) to fourteen (14) members and increasing the quorum requirement for a period of
two years, at which time the amendments set forth in this Ordinance shall sunset.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Section 2-31 (d) of Chapter 2 of the City Code is hereby amended as follows:
Chapter 2
ADMINISTRATION
* * *
400
Article Ill. Agencies, Boards And Committees
* * *
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 selJeR. fourteen
voting members,;_who shall be direct appointees by the mayor and each city
commissioner& shall make two direct appointments. A quorum shall consist of thfee
eight members. Formal action of the board shall require at least thfee eight votes.
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; 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 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.
2
401
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith 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 DATE AND SUNSET PROVISION.
Passed and adopted this __ day of ______ , 2012.
This Ordinance shall take effect the day of , 2012; and the
amendments set forth herein shall sunset two years thereafter on the __ day of
_______ , 2014.
ATTEST:
MAYOR MATTI HERRERA BOWER
ROBERT PARCHER, CITY CLERK
Underline denotes additions.
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