The URL can be used to link to this page

Home My WebLink About2006-26267 Reso RESOLUTION NO. 2006-26267 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING ON JULY 12, 2006, APPROVING A PROPOSAL TO ESTABLISH A MEMORIAL, IN THE FORM OF A COMMEMORATIVE PLAQUE, TO BE PLACED AT THE NEW FIRE STATION NO.4 FACILITY, LOCATED AT 6880 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA, IN HONOR OF MIAMI BEACH FIREFIGHTER LEONARD ("LENNY") RUBIN; FORWARDING THE PROPOSAL TO THE ART IN PUBLIC PLACES COMMITTEE FOR ITS RECOMMENDATION REGARDING THE LOCATION, AESTHETIC QUALITY, AND OTHER RELATED ISSUES, IN ACCORDANCE WITH THE PROCEDURES FOR THE ESTABLISHMENT OF MONUMENTS OR MEMORIALS, PURSUANT TO SECTION 82-504 OF THE CITY CODE. WHEREAS, at its meeting on May 24,2006, the City's Neighborhood/Community Affairs Committee considered a request from Commissioner Luis Garcia to dedicate the new Fire Station No.4 building, located at 6880 Indian Creek Drive, Miami Beach, Florida, to the memory of Leonard "Lenny" Rubin, a Miami Beach Firefighter who died in the line of duty putting out a building fire at the old Carillon Hotel, on March 8, 1962; and WHEREAS, the Committee unanimously voted in favor of the proposal; and WHEREAS, a duly noticed public hearing was held at the City Commission's regular meeting on July 12, 2006, and, following the conclusion of said hearing, the City Commission approved the establishment of a memorial, in the form of a commemorative plaque, to be placed at the new Fire Station No.4 building, in honor of Mr. Rubin; and WHEREAS, in accordance with Section 82-504 of the City Code, entitled "Monuments or Memorials", upon approval of a proposal for the establishment of a particular monument or memorial, the City Commission shall then forward the proposal to the Art in Public Places Committee, which will then make its recommendation back to the City Commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance with its established criteria. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, following a duly noticed public hearing on July 12,2006, hereby approve a proposal to establish a memorial, in the form of a commemorative plaque, to be placed at the new Fire Station No.4 facility, located at 6880 Indian Creek Drive, Miami Beach, Florida, in honor of Miami Beach Firefighter Leonard ("Lenny") Rubin; and forward the proposal to the Art in Public Places r Committee for its recommendation regarding the location, aesthetic quality, and other related issues, in accordance with the procedures for the establishment of monume ts or memorials, pursuant to Section 82-504 of the City Code. / ATTEST: PASSED and ADOPTED this 12th day of J ~UA( ~/ )L~~:l CITY CLERK Robert Parcher RJA\ed F:\atto\AGUR\RESOS-ORD\Fire Station No.4 - Dedication to Leonard Rubin.Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR CUTION ~ Date e' OFFICE OF THE CITY ATTORNEY ~ tfJldom; 1/tNM F L o A D A JOSE SMITH City Attorney Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City M Jose Smith, City Attorn DATE: July 12, 2006 SUBJECT: Request to Dedicate Fire Station NO.4 to Leonard "Lenny" Rubin At its meeting on May 24, 2006, the City's Neighborhoods/Community Affairs Committee considered a request from Commissioner Garcia to dedicate the new Fire Station No.4, located at 6880 Indian Creek Drive, Miami Beach, Florida, in memory of Leonard "Lenny" Rubin, a Miami Beach Firefighter who died in the line of duty putting out a building fire at the old Carillon Hotel, on March 8, 1962. The proposal was considered by the Committee, which unanimously voted in favor of the proposed dedication. The Committee further authorized the Administration to proceed with the process to effectuate the dedication. Following the Committee's direction, the Administration and City Attorney's Office have been proceeding with the above-referenced proposal under the assumption that what was originally contemplated was a "naming" of the exterior portion of the new fire station facility, and the item has proceeded pursuant to the requirements for naming of exterior portions of public facilities, as set forth in Sections 82-501 through 82-503 of the City Code. Said procedures require that the naming be approved by a majority of the Neighborhood/Community Affairs Committee; a 5/7ths vote of the City Commission, following a duly noticed public hearing; and approval by the majority of the electorate voting in a City referendum. Following approval of the proposed dedication by the Committee on May 24, 2006, a public hearing was set for the City Commission meeting of July 12, 2006. Subsequent to approval of the dedication at the Committee meeting and the setting of the public hearing, the City Attorney's Office contacted Fire Chief Jordan to ascertain (for purposes of preparing the approving Resolution and proposed ballot question) the specific name contemplated for the exterior of the new facility. At that time, Chief Jordan informed Agenda Item Ri A 1700 Convention Center Drive -- Fourth Floor -- Miami Beach Date 7-[ d--O~ First Assistant City Attorney Raul Aguila that, typically, the City has never named (or co- named) a fire station after an individual; the stations are named and referred to by numbers (Le. Fire Station No.2; No.3; etc.). Chief Jordan further stated that the typical dedicatory and/or commemorative process followed in other municipalities (such as Miami), is the placement of a dedicatory plaque at the entrance of the building. Following the discussion with Chief Jordan, there is a question whether the initial recommendation of the referenced proposal to the Committee was intended to accomplish the placement of a dedicatory plaque, rather than an actual naming or co-naming of Fire Station NO.4. However, Chief Jordan further requested that Mr. Aguila confirm this intent with Commissioner Garcia, who had sponsored the item before the Committee. Mr. Aguila has since spoken to Commissioner Garcia, who advised that, provided the majority of the City Commission concurs, he would not object to proceeding with the proposal as a dedicatory plaque (rather than a naming). Accordingly, the purpose of this memorandum is not only to provide the City Commission with full factual disclosure prior to proceeding with the public hearing on July 12, 2006, but to also seek further clarification as to which alternative to proceed under. In the event that the City Commission is in agreement with proceeding with the referenced proposal as a dedicatory plaque, the requirements for same would be governed pursuant to Section 82- 504 of the Code, and would only require City Commission approval (following the July 12, 2006 public hearing). No referendum approval (or other further action)would be required. In the alternative, should the City Commission wish to proceed with the actual naming ofthe facility in honor of Mr. Rubin, it will require 5/7ths approval following the July 12, 2006 public hearing, and referendum approval. In that case, the City Commission would need to direct the Administration and City Attorney's Office to prepare an additional Resolution for the September City Commission meeting, calling for a special election and approving a ballot question (and, the proposed re-naming, would be subject a majority vote in a Citywide referendum). OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 ce MIAMI BEACH e CITY OF.MIAMI BEACH NOTICE OF A'PUBLlC HEARING .. . ;"., ." <i;; NOTICE IS HEREBY given that a public hearing will be held by the City Commission .(f.. the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2006 at 10:30 a.m., To Consider Naming Fire Station No.4, Located At 6880 Indian Creek Drive, In Honor Of Leonard "Lenny" Rubin, Who Died In The Line Of Duty In A Building Fire At The Old Carillon Hotel On March 8, 1962. INQUIRIES may be directed to the Fire Department at (305) 673-7123. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and, under such circumstances additional legal notice would not be provided. Robert E. Parcher City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., .the City hereby advises the public that: if 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 authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). , (Ad #375) \ j I ~ II' . ": I :,... 'I I - 'I :<c I ,. . I ..,