R5J-Naming Of Public Facilities And Establishment Of Monuments Or MemorialsCOMMISSION ITEM SUMMARY
Condensed Title:
A Ordinance amending Chapter 82 -Section 504 of the Miami Beach City Code entitled "Monuments or Memorials,"
as recommended by the members of the Neighborhoods/Community Affairs Committee at their December 8, 2011,
meeting to Limit Commissioners and the Mayor to one (1) monument/memorial recommendation per term of elected
office; require the cost for design, fabrication and maintenance be borne by the requesting party; add language to
permit the financial responsibility of the third-party requestor to be waived with a 6/7 vote of the City Commission,
require that the honoree be in good standing and if convicted/adjudicated of a felony a process to remove their name
and instructing the Administration to streamline the process for handling monuments/memorials as recommended.
Ke_y Intended Outcome Supported:
Increase Community Satisfaction With City Government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of
residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
expectations.
Issue:
Should the City Commission accept the recommendations of the Neighborhoods/Community Affairs Committee to
streamline the rocess for hand lin monuments/memorials as recommended?
Item Summa /Recommendation:
FIRST READING
At the January 11, 2011, the Neighborhoods/Community Affairs Committee (NCAC) the members expressed concern
about increase of requests for memorial plaques requested additional procedures to be developed to serve as-
guidelines in authorizing future requests. At the conclusion of the discussion as a part of the motion approving a
memorial under discussion the Committee approved a moratorium on naming requests until draft guidelines were
developed and returned to the committee for review, discussion and, if approved, referred to the full Commission for
action.
The Administration prepared a discussion of potential policies for the nomination/number of monument or memorial
plaques for the December 8, 2011 NCAC meeting. This discussion resulted in the following recommendations to the
full commission. A) Limit Commissioners and the Mayor to recommending one (1) monument/memorial
recommendation per term of elected office; B) In the event the request comes from a third party, then the cost and
maintenance is the requestor's responsibility; C) Add language to allow for the financial responsibility of the third-
party requestor to be waived with a 617 vote of the City Commission; and D) Include recommended wording that the
individual be in good standing and if convicted/adjudicated of a felony, their name shall be removed. Additionally, the
Administration was to add whatever language is necessary for administrative cleanup and streamline the process for
handling monuments/memorials as recommended. The above action was subsequently presented to and accepted
by the City Commission at the February 8, 2012 meeting in agenda item C6A -1) Report Of The
Neighborhoods/Community Affairs Committee Meeting On December 8, 2011. Based on NCAC's recommendation, the
ro osed ordinance amendment is resented on first readin
Board Recommendation:
Affairs Committee meetin
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Ci Clerk's Office le islative Trackin :
Kevin Smith, Director of Parks and Recreation
Si n-Offs:
Department Director Assistant City Manager City Manager
KS JMG
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MIAMI BEACH 431 AGENDA ITEM_:_::,.:::-.~...,..,..
DATE ---'o<......:'-'-...:...:==---
~ MIAMI BEACH
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 th · ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: March 21, 2012 FIRST READING
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 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE: A) THAT
THE MAYOR AND CITY COMMISSIONERS SHALL BE LIMITED TO PROPOSING
THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF
ELECTED OFFICE; B) THAT THE COSTS OF THE DESIGN, FABRICATION AND
ON-GOING MAINTENANCE FOR MONUMENTS OR MEMORIALS SHALL BE THE
SOLE RESPONSIBILITY OF, AND MUST BE BORNE BY, THE REQUESTING
ORGANIZATION, GROUP OR INDIVIDUAL, UNLESS ALL OR ANY PORTION OF
THIS REQUIREMENT IS WAIVED BY AN AFFIRMATIVE VOTE OF snths OF THE
CITY COMMISSION FOLLOWING A DULY NOTICED PUBLIC HEARING; AND C)
THAT ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY
AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR
ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE
REMOVED FROM SUCH MONUMENT OR MEMORIAL; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on first reading.
KEY INTENDED OUTCOME SUPPORTED
Increase Community Satisfaction With City Government
BACKGROUND
At the January 11, 2011, the Neighborhoods/Community Affairs Committee held a discussion
concerning the approval of a memorial in honor of a Miami Beach resident to be located on
Lincoln Road.
While discussing the memorial issue the members also expressed concern as to the increase of
requests for memorial plaques over the past several months and felt the current process would
be well served to have additional procedures developed to serve as guidelines in authorizing
future requests for memorial plaques.
432
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials
March 21, 2011
City Commission Meeting
At the conclusion of the discussion the Neighborhoods/Community Affairs Committee, as a part
of the motion approving the memorial under discussion, approved a moratorium on naming
requests until draft guidelines to limit these requests were developed by the Administration and
returned to the Committee for its review, discussion, and if approved referred to the full
Commission for action.
ANALYSIS
Based on the discussion held at the January 11, 2011 Neighborhoods/Community Affairs
Committee, relevant information from our City Code and the review of other communities'
standards, the Administration referred for discussion on March 11, 2011 to the Neighborhoods/
Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or
Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting.
At the conclusion of the extended discussion, which included both the Committee members and
resident input, the following action was taken.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present)
recommended the following to the Commission:
With a vote of two to one, with Commissioner Gongora dissenting:
• Limit the Mayor and each Commissioner to one (1) monument/memorial
recommendation per term of elected office.
• In the event the request comes from a third party, then the cost and maintenance
is the requestor's responsibility.
• Add language to allow for the financial responsibility of the third-party requestor
to be waived with a 617 vote of the City Commission.
With a unanimous vote:
• Include recommended wording that the individual be in good standing and if
convicted/adjudicated of a felony, their name shall be removed.
• Administration to add whatever language is necessary for administrative cleanup.
• Streamline the process for handling monuments/memorials as recommended.
o Recommendations for monuments or memorials are referred by the
sponsoring commissioner to the appropriate Commission committee.
o If the committee approves (with the required majority) the placement of a
memorial plaque, that recommendation is forwarded to the full City
Commission to set a public hearing.
o If the committee approves a monument or a memorial that is not a
plaque (e.g. a site, bust, sculpture, structure, art work), the
recommendation is forwarded to the Art in Public Places Committee
(AiPP) for their review and recommendation as to location, aesthetic
quality, maintenance, and other related issues (in accordance with their
criteria); the AiPP recommendation is subsequently forwarded to the full
City Commission to set a public hearing.
o At the close of the public hearing, the City Commission may approve (or
disapprove of) the establishment of the monument or memorial, subject
to consistency with the criteria established in the Code.
• Monuments/memorials must comply with all established City Policies,
procedures, standards and guidelines.
433
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials
March 21, 2011
City Commission Meeting
The above action was subsequently presented to the City Commission at the February 8, 2012,
meeting in agenda item C6A -1) Report Of The Neighborhoods/Community Affairs Committee
Meeting On December 8, 2011.
CONCLUSION
The proposed ordinance amendment to the City of Miami Beach Code, Chapter 82, entitled
"Public Property" by amending Article VI entitled "Naming Of Public Facilities and Establishment
of Monuments or Memorials" by amending Section 82-504 entitled "Monuments or Memorial.s"
as recommended by the Neighborhoods/Community Affairs Committee at the December 8,
2011 meeting, is presented on first reading.
JMG/HMF/KS
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ORDINANCE NO.-----
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 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO
PROVIDE: A) THAT THE MAYOR AND CITY COMMISSIONERS
SHALL BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE
MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; B)
THAT THE COSTS OF THE DESIGN, FABRICATION AND ON-GOING
MAINTENANCE FOR MONUMENTS OR MEMORIALS SHALL BE THE
SOLE RESPONSIBILITY OF, AND MUST BE BORNE BY, THE
REQUESTING ORGANIZATION, GROUP OR INDIVIDUAL, UNLESS
ALL OR ANY PORTION OF THIS REQUIREMENT IS WAIVED BY AN
AFFIRMATIVE VOTE OF 6/7ths OF THE CITY COMMISSION
FOLLOWING A DULY NOTICED PUBLIC HEARING; AND C) THAT
ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE
COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE
PERSON IS CONVICTED OR ADJUDICATED GUlL TY OF A FELONY,
THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH
MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL
ITSELF MAY BE REMOVED; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs
Committee (the Committee) held a discussion concerning the approval of a memorial in honor of
a Miami Beach resident, to be located on Lincoln Road; and
WHEREAS, while discussing the aforestated issue, the members expressed concern as
to the increase in requests for establishment of monuments and memorials, and that the current
process would be well served by having additional procedures developed to serve as guidelines
in authorizing future requests for the establishment of monuments and memorials; and
WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident,
the Committee also recommended establishing a moratorium on future requests (for the
establishment of monuments and memorial), until draft guidelines to limit these requests could
be developed by the Administration and returned to the Committee for review and, if approved,
referred to the full City Commission for action; and
WHEREAS, as directed, the Administration prepared a subsequent referral to the
Committee of proposed guidelines for the establishment of monuments or memorials and; this
issue was discussed at the December 8, 2011, Committee meeting; and
WHEREAS, at the conclusion of the discussion, which included input from both the
Committee members and residents present, the Committee recommended the following:
435
a) that the Mayor and each City Commissioner be limited to proposing the
establishment of one (1) monument or memorial per term of elected office;
b) in the event of a request for the establishment of a monument or memorial by a
third party(ies ), that the cost and maintenance for the monument or memorial (if
approved) be the requesting party's(ies') responsibility; and
c) allowing for waiver of the requesting party's(ies') obligations in subsection (b)
above, by 6/?ths vote of the City Commission, following a duly noticed public
hearing; and
d) that individuals being honored with the establishment of a monument or memorial
be in good standing in the community at the time of approval and, if subsequently
convicted or adjudicated of a felony, that such individual's name, or the
monument or memorial itself, be removed; and
WHEREAS, the aforestated Committee recommendations were subsequently presented
to, and accepted by, the full City Commission at its February 8, 2012, Meeting.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended
as follows:
Sec. 82-504. Monuments or memorials.
(a) Whenever there is a proposal to establish a monument or memorial on public property in
the city, it shall first be considered and reviewed by the committee according to the
following procedures:
(1) Any person, organization, association, corporation, or other entity, including a
member of the city commission, or the administration of the city, may propose the
establishment of a monument or memorial at any time by submitting a proposal
in writing to the city managerthe committee. Additionally, the mayor or any
member of the city commission may propose the establishment of a monument
or memorial at any time by referring the proposal in writing to the committee;
which referral to committee shall first be approved by the city commission.
m The establishment of a monument or memorial shall also be subject to the
following requirements:
ru The mayor and each city commissioner shall be limited to
proposing the establishment of one (1) monument or
memorial per their respective term of elected office.
Q} All costs associated with the design, fabrication. installation.
and on-going maintenance of a monument or memorial shall
be the sole responsibility of. and shall be borne by, the
person, organization. association. corporation. or other entity
requesting the establishment of the monument or memorial.
In the case of a proposal submitted by the mayor or a city
436
commissioner. the "requesting party" shall be deemed to be
the person. organization. association. corporation. or other
entity initially making the request or submitting the proposal
for establishment of the monument or memorial to the mayor
or sponsoring commissioner.
f} Any or all of the requirements in subsection (2)(b) above may
be waived by an affirmative vote of 6/7ths of the city
commission, following the duly noticed public hearing
required under Section 82-504(a)(7) hereof.
Ql Any person to be recognized by the establishment of a
monument or memorial must be in good standing in the
community at the time of final approval of same by the city
commission and if. after the establishment of such monument
or memorial, the person is subsequently convicted or
adjudicated guilty of a felony, the name of the person shall be
removed from said monument or memorial or. at the city
commission's sole option and discretion. the monument or
memorial itself may be removed. In either case. neither the
city, nor any of its officers. employees. contractors. or agents.
shall have any liability to the person. and/or any other
party(ies) including. without limitation. those in subsection
(2)(b) hereof. for any costs or claims resulting from such
action and including, without limitation, reimbursement of any
costs for design, fabrication. installation. and/or maintenance
of the monument or memorial.
.@} Recommendations for the establishment of a monument or memorial shall be
referred by the city manager or sponsoring commission member (as the case
may be) to the committee within a reasonable time after receiving the proposal.
(~) Within a reasonable time after receipt of the proposal, the committee shall meet
to consider and review same. Notice of the meeting shall be given to all persons
and/or entities who have proposed the establishment of the monument or
memorial.
(~§) After reviewing the proposal for the establishment of a monument or memorial ffi
accordance '.Vith its established selection criteria. the committee may
recommend, by majority vote. approval of the proposal, in which case such
proposal shall be transmitted with the committee's recommendation as follows:
the committee shall transmit a written recommendation to the city commission
regarding same .
.@} If the committee recommends approval of a monument or
memorial that only requires the placement of a commemorative
plaque. the proposal and the committee's recommendation shall
be transmitted directly to the city commission.
(b) If the committee recommends approval of a monument or
memorial that requires the design, fabrication. installation. and
437
maintenance of a monument or memorial other than a plaque
(including without limitation, a site. bust. sculpture, structure, or art
work), then the proposal and the committee's recommendation
shall first be transmitted to the Art in Public Places Committee
(AiPP), for its review as to location, aesthetic quality,
maintenance, and other related issues. The AIPP's
recommendation. which shall only be advisory, shall be
transmitted to the city commission, along with the committee's
recommendation, prior to its consideration for final approval for
establishment of the proposed monument or memorial.
(4§.) The city commission may only consider a proposal to establish a monument or
memorial that has been ill recommended for approval by a majority of the
members of the committee, and (ii) reviewed by the AiPP in accordance with the
criteria established in subsection (5)(b) above; and (iii) that includes a written
analysis by the city administration of the estimated costs for the design,
fabrication, installation, and ongoing maintenance of the proposed monument or
memorial.
(a) \11lithin a reasonable time after receiving the recommendation for the
establishment of a monument or memorial from the committee,the city
commission shall call a public hearing.
(ei) The city commission shall hold a public hearing to hear public comment, prior to
final approval for the establishment of a proposed monument or memorial.
Notice of the public hearing regarding the establishment of the monument or
memorial shall be published at least 1 0 days prior to the hearing in a newspaper
of general circulation in the city. If there is a request to waive any or all of the
requirements in Section 82-504(a)(2){b) hereof, the notice shall also include such
information.
(7§.) At the close of the public hearing, the city comm1ss1on may approve the
establishment of the monument or memorial.:. In approving the establishment, the
commission shall be governed by its established selection criteria. Additionally,
aAny proposal to establish a monument or memorial must be approved by a
5/?ths vote of the city commission; and, further, if a waiver of all or any of the
requirements in Section 82-504(a)(2)(b) are requested, such waiver must be
approved, by a separate vote. by a 6/?ths vote of the city commission.
t8} Upon approval of the establishment of the monument or memorial, the city
commission shall forward the proposal to the art in public places committee. The
art in public places committee will then make its recommendation to the city
commission regarding the location, aesthetic quality, maintenance, and other
related issues, in accordance with the its established criteria.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are herby
repealed.
438
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. 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 Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered 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 the day of-------' 2012.
PASSED and ADOPTED this day of ______ , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
ROBERT PARCHER, CITY CLERK
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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