R5D-Naming Pub Facilities And Establishment-Monuments-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 (NCAC) of December 8,
2011, and approved by the City Commission on first reading at the March 21, 2012 meeting where it was also
referred back to the NCAC between first and second reading for further discussion at the Committee's March 27,
2012 meeting. The recommendations of the NCAC have been incorporated accordingly.
Key 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 handlin monuments/memorials as recommended?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING -At the January 11, 2011, the Neighborhoods/Community Affairs
Committee (NCAC) the members expressed concern about the increased number of requests for memorial plaques
and asked that additional guidelines be developed for authorizing future requests. At the conclusion of the discussion
the Committee approved a moratorium on naming requests until draft guidelines were developed and returned to the
committee for review and approval. There have been a number of discussions and Commission actions related to the
establishment of guidelines for monuments and memorials since the initial discussion. These include;
• December 8, 2011 -NCAC discussion/recommendations to further manage the monuments and memorials-
process. These recommendations were accepted by the City Commission on February 8, 2012.
• March 21, 2012-An ordinance amendment was presented and adopted on first reading, but was referred
back to the NCAC for further discussion (between first and second reading of the Ordinance.).
• March 27, 2012-The NCAC discussed the proposed Ordinance and recommended that it be brought back to
the full Commission for second and final reading, with the following modifications: a) that proposals for the
establishment of a monument or memorial may only be proposed by (or through) a member of the City
Commission; and b) that the additional condition, requiring that the "requesting party" for the establishment of
a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and
on-going maintenance of the proposed monument and memorial, be deleted.
• May 9, 2012 -the item was discussed and a motion was made to open and continue the item, referred it
back to NCAC with the same scope and bring it back to the July 18, 2012 Commission meeting.
Due to the cancellation of the June 26, 2012 NCAC meeting, and the next scheduled NCAC meeting is not until July
30, 2012, the Administration recommends that the City Commission open and continue the second reading public
hearing of the proposed Ordinance Amendment to the September 12, 2012 meeting.
Adviso Board Recommendation:
Financial Information:
Source of Amount
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
KS
MIAMI BEACH
Account
City Manager
KGB
n or Memorials Ordinance Amendment 2nd rdg & Public Hearing 7-18-12.doc
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AGENDA ITEM __._,R'"'""'~;;_Q=:-
DATE 7-/f-/'2-
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks, Interim City Manager ~ AA.
July 18, 2012 SECOND READIN~BLIC HEARING
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 THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY
COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY
COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE
ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM
OF ELECTED OFFICE; C) 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 OR
THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED,
WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee
meeting and the next scheduled NCAC meeting is not until July 30, 2012, the Administration
recommends that the City Commission open and continue the second reading public hearing of
the proposed Ordinance Amendment to the September 12, 2012 meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase Community Satisfaction With City Government
BACKGROUND
At the January 11, 2011, the Neighborhood/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.
550
,,
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials-
Second Reading I Public Hearing
July 18, 2012
City Commission Meeting
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.
At the conclusion of the discussion the Neighborhood/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 Neighborhood/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 Neighborhood/
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) monumenUmemorial
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.
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Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials-
Second Reading I Public Hearing
July 18, 2012
City Commission Meeting
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.
The above action was subsequently presented to the City Commission at the February 8, 2012,
meeting in agenda item C6A -1) Report Of The Neighborhood/Community Affairs Committee
Meeting On December 8, 2011.
As directed, the Administration prepared 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 Memorials" as recommended by the
Neighborhood/Community Affairs Committee at the December 8, 2011 meeting and presented it
on first reading to the Mayor and City Commission at the March 21, 2012 meeting. At that time
the City Commission adopted the Ordinance on first reading, but referred it back to the
Neighborhoods/Community Affairs Committee for further discussion (between first and second
reading of the Ordinance.)
The Neighborhood/Community Affairs Committee discussed the proposed Ordinance at its
meeting on March 27, 2012, and recommended that it be brought back to the City Commission
for second and final reading, with the following modifications:
a) that proposals for the establishment of a monument or memorial may only be
proposed by (or through) a member of the City Commission;
b) that the additional condition, requiring that the "requesting party" for the
establishment of a monument or memorial be responsible for all costs associated
with the design, fabrication, installation, and on-going maintenance of the
proposed monument and memorial, be deleted.
Accordingly, the Administration has incorporated the Committee's recommended changes, as
set forth in the above recommendation, for consideration on adoption of the Ordinance on
second and final reading.
At the May 9, 2012 City Commission meeting the title of the ordinance was read into the record
and the public hearing was held. Following the public hearing and City Commission discussion
a motion was made by Vice-Mayor Libbin to open and continue the item and refer to the
Neighborhood/Community Affairs Committee keeping the scope the same and to bring back to
Commission at the July 18, 2012 meeting.
CONCLUSION
Due to the cancellation of the June 26, 2012 NCAC meeting and the next scheduled NCAC
meeting is not until July 30, 2012, the Administration recommends that the City Commission
open and continue the second reading public hearing of the proposed Ordinance Amendment to
the September 12, 2012 meeting.
KGB/MAS/KS
T:\AGENDA\2012\7-18-12\Com_. Memo -Monuments or Memorials Ordinance Amendment 2nd rdg-Public Hearing 7-18-12.doc
552
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 THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY
COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY
COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE
ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM
OF ELECTED OFFICE; C) 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 OR
THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED,
WITHOUT ANY RESULTING LIABILITY TO THE CITY; 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 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; 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:
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
553
third party(ies), that the cost and maintenance for the monument or memorial (if
approved) be the requesting party's(ies') responsibility;
c) allowing for waiver of the requesting party's(ies') obligations in subsection (b)
above, by 6/7ths vote of the City Commission, following a duly noticed public
hearing;
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 the City Commission at its March 21, 2012, Meeting, as an ordinance amending the City's
Naming Ordinance (said amendment hereinafter referred to as the "Ordinance"); and
WHEREAS, the City Commission adopted the Ordinance on first reading, but referred it
back to the Neighborhoods/Community Affairs Committee for further discussion (between first
and second reading of the Ordinance); and
WHEREAS, the Committee discussed the proposed Ordinance at its meeting on March
27, 2012, and recommended that it be brought back to the City Commission for second and final
reading, with the following modifications:
a) that proposals for the establishment of a monument or memorial may only be
proposed by (or through) a member of the City Commission;
b) that the additional condition, requiring that the "requesting party" for the
establishment of a monument or memorial be responsible for all costs associated
with the design, fabrication, installation, and on-going maintenance of the
proposed monument and memorial, be deleted; and
WHEREAS, accordingly, the Administration has incorporated the Committee's
recommended changes, as set forth below, for consideration on adoption of the Ordinance on
second and final reading.
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, Only the mayor
or a member of the city commission may propose the establishment of a
monument or memorial ... at any time by Such proposal shall be submitted (by the
554
mayor or individual city commissioner sponsoring the subject proposal)ffi§-a
proposal in writing to the city manager. who shall place the proposal on a city
commission meeting agenda within a reasonable time after receiving same. The
proposal shall be placed as a request for referral to the committee; which request
for referral shall first be approved by the city commission.
@ The establishment of a monument or memorial shall also be subject to the
following requirements:
§} 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}. 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 recognized by the
monument or memorial (including, without limitation. if such
person is deceased. his/her heirs. relatives. successors. or
assigns). and/or any other party(ies), for any costs or claims
resulting from such action and including, without limitation.
reimbursement of any costs incurred for design, fabrication.
installation. and/or maintenance of the monument or
memorial.
(2) Provided the referral to the committee (of the proposal to establish the monument
or memorial) is approved by the city commission pursuant to subsection (a)(1)
hereof then. Wwithin a reasonable time after receipt of the proposal, the
committee shall meet to consider and review same. Notioe of the meeting shall
be gi}Jen to all persons and/or entities who have proposed the establishment of
the monument or memorial.
(3) After reviewing the proposal for the establishment of a monument or memorial +n
aooordanoe with its established seleGtion oriteria, 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 oommittee shall transmit a written reoommendation to the oity oommission
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.
555
(b) If the committee recommends approval of a monument or
memorial that requires the design, fabrication. installation. and
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. if required under subsection (3)(b) hereof. (ii)
reviewed by the AiPP in accordance with the criteria established in subsection
(5)(b) hereof; and further (iii) that includes a written analysis by the city
administration. which shall be transmitted to the city commission as part of the
commission agenda item for consideration of final approval. of the estimated
costs for the design, fabrication. installation. and ongoing maintenance of the
proposed monument or memorial.
(~) 'JVithin 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.
(e§) 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 ten (10) days prior to the hearing in a
newspaper of general circulation in the city.
(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
5/7ths vote of the city commission.;-...
(81 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 ¥.'ill 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.
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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
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOtl. EXECUTION
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