R5B-Naming Public Facilities And Establishment-Monuments-MemorialsCOMMISSION ITEM SUMMARY
Condensed Title:
An 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) and approved by the
n first readi the March 21, 2012 ·
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
ds/Community Affa
SECOND READING/ PUBLIC HEARING OPENED AND CONTINUED FROM MAY 9, 2012 ~At the January 11,
2011, the NCAC meeting concern as to the increased number of requests for memorial plaques was expressed and
members asked that additional guidelines be developed for authorizing future requests. The Committee approved a
moratorium on naming requests until draft guidelines were developed and returned for the NCAC 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 but are not limited to;
December 8, 1011-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.)
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 modifications.
May 9, 2012-the item was presented for Second Reading and Public Hearing. A discussion was held and a
motion 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.
July 18, 2012-Commission action-item opened and continued.
July 30, 2011-NCAC meeting -ACTION: The Committee directed the Administration to come beck to the
Neighborhood/Community Affairs Committee in September by consensus, with language regarding
maintenance and to include the requirement for the identification of the costs in a proposed monument or
memorial. action was presented to the full City Commission at the September 12, 2012 meeting).
September 12, 2011-Commission action -Item opened and continued.
October 15, 2012-NCAC held a discussion and unanimously approved the proposed amendment(s) to the City's
Naming Ordinance as presented in the attached draft ordinance.
The Administration recommends the public hearing be held and the proposed Ordinance amending Chapter 82 -
Section 504 of the Miami Beach City Code entitled "Monuments or Memorials," as recommended by the members of
borhoods/Communit Affairs Com CAC be ado ted.
Financial Information:
Source of
Funds:
lA IBE
Amount
H
253
Account
AGENDA ITEM--~-
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Ml MIBE
City of Miami hath, 1700 Convention Center Drive, Miami Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: October 24, 2012 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@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
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, WITHOUT ANY RESULTING LIABILITY TO THE
CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The proposed amendment to the City's Naming Ordinance that incorporates the
recommendations and motions of the Neighborhood/Community Affairs Committee's at the
Committee's meetings held on January 11th and December 81h of 2011 and March 27tn and July,
30th of 2012 is presented for second reading and public hearing following the most current
discussion and recommendation of the issue at the Neighborhoods/Community Affairs
Committee (NCAC) at the October 15, 2012 meeting and approval on first reading by the Mayor
and City Commission at its March 21,2012 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.
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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
October 24, 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 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) 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 6/7 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.
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Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities end Naming of Monuments and Memorials-
Second Reading I Public Hearing
October 24, 2012
City Commission Meeting
• Monuments/memorials must comply with ail 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.
On March 21, 2012, 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 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.)
On March 27, the Neighborhood/Community Affairs Committee meeting a discussion of the
proposed Ordinance was held and it was 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 the item to
the Neighborhood/Community Affairs Committee keeping the scope the same and to bring back
to Commission at the July 18, 2012 meeting.
Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee
meeting and the next scheduled NCAC meeting was not until July 30, 201 the City
Commission opened and continued the second reading public hearing of the proposed
Ordinance Amendment at the September 12, 2012 meeting.
At the July 30, 2012 Neighborhood/Community Affairs Committee meeting a discussion
regarding potential policies for the nomination/number of Monuments or Memorial Plaques was
held. The primary points of the discussion focused on the care that must be used when naming
something when public funds are being used; not recognizing someone who is a convicted felon
and the ability to remove the name if the person is convicted after the naming; and who should
be accountable for the cost to maintain the monument or memorial once it was approved by the
City Commission.
256
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public facilities and Naming of Monuments end Memorials-
Second Reading I Public Hearing
October 24., 2012
City Commission Meeting
At the conclusion of the discussion the Committee (Commissioners Tobin, Ubbin and Exposito
present) directed the Administration to come back to the Neighborhood/Community Affairs
Committee in September by consensus, with language regarding maintenance and to include the
requirement for the identification of the costs in a proposed monument or memoriaL (This action
was reported to the full City Commission at the September 12, 2012 meeting).
In response to this action the City Attorney's Office prepare the attached updated draft
ordinance that was modified to address the Committee's directive to include language regarding
maintenance and to include the requirement for the identification of the costs in a proposed
monument or memorial. More specifically, these modifications can be found in the "Whereas"
clauses underlined on page 2, and in Section 2 (c) as well as Sections (5) and (8) the
attached updated draft ordinance.
The monuments and memorials amendment comm1ss1on item (R5B) was included in the
September 12, 2012 agenda where it was opened and continued pending further review by the
NCAC. The revised ordinance amendment was included in the NCAC September 24, 2012
agenda but was deferred.
On October 15, 2012, the NCAC held a discussion of the draft proposed Naming Ordinance that
included the Committee's recommendations. At the conclusion of the discussion the Committee
members unanimously approved the proposed amendment(s) to the City's Naming Ordinance
as presented in the attached draft ordinance.
CONCLUSION
This proposed amendment to the City's Naming Ordinance has been discussed on a number of
occasions by both the Neighborhood/Community Affairs Committee and the full City
Commission. On March 21, 2012, 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, was approved by the Mayor and City Commission on first
reading. At the May 9, 2012 City Commission meeting the item was presented for second
reading and public hearing. At that time the matter was opened and continued pending further
discussion by the NCAC. The item was also opened and continued at the subsequent City
Commission meetings. Based on the Neighborhood/Community Affairs Committee's approval at
the meeting of October 15, 201 the proposed amendment to the City's Naming Ordinance is
now being presented for further consideration and final approval.
KGB/MAS/RA/KS
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257
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
258
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 memoria! 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 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
259
mayor or individual city commiSSioner sponsoring the subject proposal)~
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.
ill Tho establishment of a monument or memorial shall also be subject to the
following requirements:
§!l Tho 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.l 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, tho 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. Notice of the meeting shall
tie given to all persons and/or entities VJ!ho have preposed ttle establistlment ef
the monument or memoriaL
(3) After reviewing the proposal for the establishment of a monument or memorial ffi
accordance with ---its-established---selectien-----Grft-efia, 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 recemmendation to ttle city commission
regarding same .
.{§2 If the committee recommends approval of a monument or
memorial that only requires the placement of a commemorative
plague, the proposal and tho committee's recommendation shall
be transmitted directly to the city commission.
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(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.
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.
(t)) Within a reasonable time after receiving the recommendation for the
establishment of a menYment or memorial from the committee,the city
commission shall call a public hearing.
(6.Q) The city commission shail 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
(+§) At the close of the public hearing, the city commission 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 commissioni"'
.(81 Upon approval of the establishment of the monumeRt er memorial, the city
cemmission shall fervtard the proposal to the art in public places committee. The
art iR public places cemmittee wm then make its recemmeRdation to the city
commission regarding the lecation, aesthetic quality, mainten<mce, and other
related issues, in accordance 'l.'ith 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, 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:
MA TTl HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& Fn~ EXECUTION
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