FEE WAIVER FOR NONPROFITS:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING “APPENDIX A - FEE SCHEDULE” TO AUTHORIZE VIA RESOLUTION OF THE CITY COMMISSION THE REDUCTION OF DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD FEES FOR NONPROFITS PROPOSING ART IN PUBLIC PLACES AND/OR NON-COMMERCIAL ARTISTIC MURALS, GRAPHICS AND IMAGES; AND AMENDING CHAPTER 82 “PUBLIC PROPERTY,” ARTICLE VII “ART IN PUBLIC PLACES” TO REQUIRE SAID MURALS OR GRAPHICS TO BE REVIEWED BY THE ART IN PUBLIC PLACES COMMITTEE PRIOR TO REVIEW OF THE APPLICABLE BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

HISTORY
On September 13, 2017, at the request of Commissioner Ricky Arriola, an ordinance to amend the fee schedule in order to authorize a waiver of Design Review Board or Historic Preservation Board fees for nonprofits proposing art in public places and/or non-commercial artistic murals, graphics and images was referred to the Land Use and Development Committee and Planning Board for consideration and recommendation (Item C4K).

On October 11, 2017, the Land Use Committee discussed the item and continued it to the December 11, 2017, meeting with a modification requiring that the City Commission approve the fee waivers on a case-by-case basis. On December 11, 2017, the Land Use and Development Committee recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.

PLANNING ANALYSIS
The proposed ordinance would provide the City Commission the ability to waive fees for the Design Review Board and the Historic Preservation Board by a 4/7th vote. The proposed ordinance also provides the Art in Public Places Committee with the power to provide an advisory recommendation to private nonprofit applicants seeking to install art in public places and/or non-commercial artistic murals, graphics, and images without City funding on private or City owned buildings. The proposal makes it easier for non-profit organizations to place art in public places which can enhance the quality of life for residents and visitors to the City.

PLANNING BOARD REVIEW
On January 23, 2018 the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.

UPDATE

The subject Ordinance was approved at First Reading on February 14, 2018, with direction to add additional language regarding the financial background of the nonprofits seeking a funding waiver.  In this regard, the Ordinance for Second Reading has been updated with the following text, added as a foot note to the waiver language in the fee appendix:

*  The nonprofit corporation must be in operation a minimum of one year and must provide access of its financial statements to the City, in order to assist the City Commission in determining the economic viability and/or necessity for the waiver of fees.