R5E-5-7th Vote Requirement To Create Agencies-Boards-Comm -Weithorn-MIAMI BEACH
JOSE SMITH, CITY AnORNEY
OFFICE OF THE CITY AnORNEY COMMISSION MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
SECOND READING
(PUBLIC HEARING)
Ralph Granado, City Cle.~k· . (;);
Jose Smith, City Attor~~y. ' y:/C{"
. I
March 5, 2014 ~
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 SECTION 2-27, ENTITLED "RESERVED," TO
CREATE A 5/7TH VOTE REQUIREMENT FOR THE CREATION
OF AGENCIES, BOARDS AND COMMITTEES; PROVIDING
EXCEPTIONS THERETO; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Deede Weithorn, the above-
referenced Ordinance was submitted for consideration and was passed on First
Reading by the Mayor and City Commission on February 12, 2014. The
Ordinance is now set for Second Reading/Public Hearing.
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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
SECTION 2-27, ENTITLED "RESERVED," TO CREATE A 5/7TH VOTE
REQUIREMENT FOR THE CREATION OF AGENCIES, BOARDS AND
COMMITTEES; PROVIDING EXCEPTIONS THERETO; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, due to recent efforts to streamline and provide greater efficiency in the
City's boards, the Mayor and City Commission deem it in the best interest of the City that,
subject to limited exceptions, a 5/?th vote of the City Commission be required for the creation of
new City agencies, boards, and committees.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Article Ill, entitled "Agencies, Boards and Committees," of Chapter 2, entitled
"Administration," of the Code of the City of Miami Beach, Florida is hereby amended as follows:
CHAPTER 2
Administration
* * *
ARTICLE Ill. Agencies, Boards and Committees
* * *
Division 1. Generally
* * *
Sec. 2-27. Reserved 5/7th Vote Requirement for Creation of Agencies, Boards, and
Committees; exceptions.
a) The creation of any City agency. board. or committee shall require a 5/?th affirmative
vote of the City Commission.
b) This section shall not apply to:
1) ad hoc agencies. boards, and committees;
358
2) agencies, boards, or committees created by the Mayor as a Mayor's board or
committee;
3) any agency, board. or committee created pursuant to federal, state, or county
law. or by contract, which does not require a 5/?th affirmative vote of the City
Commission for its creation.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 a 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 _________ , 2014.
PASSED and ADOPTED this day of---------' 2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Strike through denotes deletions
(Sponsored by Commissioner Deede Weithorn)
MAYOR PHILIP LEVINE
\.
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w 0') 0 X MIAMI HERALD I Miam1Herald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NE THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given that a public hearing will be held lly the Mayor and City Commission of the City of Mmmi Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on Wednestlay, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic University-FLUM Amendment-An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category Rlr Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current ADS, "Recreation And Open Space, "To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing Rlr InclusiOn In The Comprehensive Plan, Transmittal, Repealer, Severability Ami An Effective Date. (Inquiries may be directed to tile Planning Department at 305-673-7550.) 10:10 a.m. File No. 2148. 4000 Anon Road, Talmudic University-Zoning Map Change-An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Class~ication For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhibit "A" Hereto, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM-2, "Residential Multi-Family Medium Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m. Allon Road Historic District Buffer Overlay-An Ordinance Amending The Code OfT he City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations." Article Ill, ·overlay Districts," Creating Division 8 "Alton Road-Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks: Blrlldlng Separation; Demolition Or Additions To Contributing Buildings In An Historic District: Anc Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Recuiring Conditional Use Approval Of Suell Uses In Excess 0110,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Excep~onsAs Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:40 a.m. Building Department Permit Fees -An Ordinance Amending Chapter 14 Of The City Code, Entitled •Building Regulations," By Amending Article II, Entitled "Construc~on Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally": Section 14-62, Entitled "Building Permits": Section 14·63, Entitled "Plumbing Perm1ts": Section 14-64, Entitled "Electrical Permits"; Section 14-65, Enti~ed "Mechanical Permits"; Section 14-66, Entitled "Annual Facility Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure"; To Provide For Express Permits, Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efficient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees,'' Relating To Building, Plumbing, Electrical, And Mech1111ical Work, And Other Building Department Activities; Providing For Repealer, Severability, Codification, And An Effective Date. ~nquiries may be directed to the Building Department at 305-673-761 0.) 10:50 a.m. Resort Tax Ordinance -An Ordinance Amending The Code OfT he City Of Miami Beach, Aorida, By Amending Chapter 102 Ent1tlec "Taxation," By Amending Article IV Entitled "Resort Tax," By Amending Division 4 Entitled "Tax: By Amending Section 102-314 Entitled "Penalties And Interest," By Amending Subsection (F) Thereof (And lncfudmg The Corresponding AmendmentToAppendlx "A" Thereto), Regarding The Establishment Of A Fbed Late Reporting Penalty For Annual Returns Filed Late, Where No Tax Is Due; Providing RJr Codification; Repealer; Severability; And An Effective Date. (Inquiries may be directed to the Finance Department at 305-673-7466.) · 11:00 a.m. All Ordinance 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 Amenoing Section 2-27, Entitled "Reserved,"To Create A 5/7th Vote Requirement For The Creation Of Agencies, Boards And Committees; Providing Exceptions Thereto: And Providing For Repealer, Severability, Codification, And An Effective Date. (Inquiries may be directed to the City Attorney's Office at 305-673-7470.) 11:10 a.m. Fire And Police Pension Ordinance -All Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach City Code EntiHed "Pension System For Disability And Retirement 01 Members Of Pollee And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) local 1510. And Miami Beach Fraternal Order Of Pollee, William Nichols Lodge No. B (FOP); Implementing Recommendations Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amencing Section 63 Entitled "Source Of Monies For Fund; Computation Of Uability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Pmviding For Severability; Repealing All Ordinances In Conflict Therewith: And Providing For An Effective Date. (Inquiries may be directec to the Human Resources Department at 305-673-7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Year (FY) 2013114. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673-7510.) 11:30 p.m. RM-2 Hotel Office Uses-An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations" Article It "Drstricl Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses,'' To Expand The Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Are Associated With Nearby Hotels On Collins Avenue; Providing For Repealer, Severability; Codification; And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTEflESTED PARTIES are invitee to appear at this meefing, or be represented by an agent. or to express their views in writing addressed lo the City CommisSion, c/o tne City Clerk, 1700 ConvenUon Center Drive, 1 '1 Floor, City Hall, Miami Beach, Flonda 33139. A copy of this item is available for public inspection during normal business hours in the City Cler1<'s Office, 1700 Convention Genter Drive. 1• Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 285.0105, Fla. Stat., the Cltv hereby advises the public that: II a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorl2e challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access lor persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. AD#862