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HomeMy WebLinkAboutO-2026-027 Amending Naming FacilitiesORDINANCE NO. 2026-027 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER TWO, ENTITLED “ADMINISTRATION”, ARTICLE V, ENTITLED “NAMING OF CITY FACILITIES”; AT SECTION 2-101, ENTITLED “NAMING OF CITY- OWNED FACILITIES” TO UPDATE THE POLICIES AND PROCEDURES FOR NAMING FACILITIES; PROVIDING FOR CONFLICTS; CODIFICATION; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission have updated their naming of City facility policies in 2023, via Ordinance No. 2023-008, and Ordinance No. 2023-022 to ensure that all the City updated its policies to require background checks and specific criteria for eligibility; and WHEREAS, Commissioner Lewellen would like to bring further clarity to the City’s naming policy; and WHEREAS, these clarifications will resolve concerns raised in application of the policy. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 2, “Administration”, Article V, “Naming of Facilities, at Section 2-101, “Naming of City-owned facilities” be amended as follows: CHAPTER 2 ADMINISTRATION * * * ARTICLE V. NAMING OF CITY FACILITIES Sec. 2-101. Naming of City-owned facilities. (a) Intent. Policy and Purpose. The City of Dania Beach acknowledges the importance of facilities naming in creating opportunities for philanthropy and corporate sponsorship, as well as honoring distinguished individuals who have contributed meaningfully to Dania Beach. Naming must undergo a high level of consideration and due diligence to ensure the name is in the best interests of the City. The City Commission may, by resolution, adopt after a public hearing, a petition recommending a facility be named or renamed on behalf of an individual or corporate sponsor. 2 ORDINANCE #2026-027 The City of Dania Beach shall be responsible for the naming/renaming of all City-owned facilities. Nothing in this section shall prohibit the City Manager, Mayor/Commission members, a community group, or a resident from recommending a facility be named or renamed on behalf of an individual, provided that the criteria in this Code provision are met. The provisions of this Code shall be the exclusive process for naming a structure, an interior room, a park, a facility, a field, a monument, etc. (collectively, "a facility"). A corporate sponsor for a facility naming right would be required to provide funding to the city, which funding would be utilized to fund the costs associated with the naming and used to maintain the facility. Any surplus funds would be utilized for a public purpose and deposited in the general fund and designated for special projects in the city. Actual physical or other naming/renaming measures for a corporate sponsor, including signage changes, shall not be performed by the city until such the maintenance costs and funding to the city, as determined by the city manager's office, are paid to the city. The corporate sponsor would enter into a naming rights facility agreement, which agreement would provide the corporate sponsor the exclusive right to name a property, location, or event for a set period, ordinarily for a ten-year exclusive period. (b) General provision It shall be the responsibility of the City Manager's office to assign an individual to review, implement, and enforce the City's guidelines for facility naming. Such duties shall include, but not be limited to the following: (1) Implement the regulations established for facility naming. (2) Facilitate citizen input through the process of notifying of property owners. (3) Review all applications and advise the applicant as to whether or not the application has met the requirement set forth in these regulations. (4) Any individuals and organizations requesting a facility naming (other than the City Commission) must submit completed a City of Dania Beach Facility Naming Application and an application fee as determined by separate resolution. (5) No application shall be processed until the City receives payment of the application fee and notification, mailing, and associated costs. (6) Coordinate with the Parks, Recreation and Community Affairs Advisory Board for review, comments and recommendation. Unless the facility naming application is for sponsorship under 3 ORDINANCE #2026-027 (c)(ii), the City would be responsible for costs associated with naming the facility. (7) Present the completed application and supporting documentation to the City Commission along with the request for City Commission authorization to grant or deny application requests, based on the established requirements. (7) If the City Commission issues a denial of such change, the applicant must wait two (2) years to re-apply. (c) Naming principles. To be eligible for naming a major or minor facility after an individual, group of individuals, or organization, the proposed honoree must satisfy at least one (1) of the criteria identified under subsection (d), as determined by the City Commission in its sole discretion, and the proposed honoree must have made a “Significant Contribution” or providing “Significant Financial Contribution” to the City. (i) Service or Impact/Significant Contribution An individual may be considered for facility naming based on exceptional service or impact where the individual has made a “Significant Contribution”. A “Significant Contribution” is defined as: An extraordinary and clearly distinguishable contribution that results in a substantial, measurable, and enduring public benefit to the City, a specific public facility, or the community served thereby, and that materially advances the creation, preservation, enhancement, or identity of such facility. In evaluating service-based contributions, the City Commission shall consider whether the individual: (1) Has demonstrated exceptional service and a substantial positive impact on the City that far exceeds ordinary civic participation or routine public service; (2) Has provided at least ten (10) years of sustained public service or community leadership, with meaningful involvement in advancing the City’s civic, cultural, historical, social, or institutional interests, including but not limited to initiatives promoting diversity, equity, and inclusion, where relevant; (3) Has shown significant and continuous engagement with the City or its residents, reflecting a notable and enduring commitment to the community; or (4) Has achieved national or international distinction (including, but not limited to athletic, cultural, or civic achievement) where: a. The individual’s achievements have brought historical, cultural, or reputational significance to the City; and 4 ORDINANCE #2026-027 b. There exists a direct and substantial nexus between the individual, the City, and the facility proposed for naming, including documented association with City facilities or historically significant City assets. (5) The applicant shall be responsible for the actual cost of signage, notices, mailings, sign changes, staff time, etc. If the naming is for a retired or former employee, volunteer, or elected official, the signage cost fee may be waived by the City Commission by a 4/5 vote if the Commission. The costs may also be waived by the City Commission by a 4/5 vote, if the Commission determines that the proposed naming and cost waiver serves a compelling public purpose. (ii) Charitable Gift or Corporate Sponsorship – Significant Financial Contribution “Significant Financial Contribution”. Shall be defined as the provision of significant funding that underwrites the cost of renovation or construction of a City owned facility. It shall include financial underwriting or as substantial monetary contributions that completely or significantly enable City projects such as parks, buildings or property acquisition to occur. This may include monetary gifts and, or grants that leverage federal, state, and local funding for such projects or complete donation of land. When considering a gift, whether cash or in-kind, several factors should be considered. These include the donor's previous contributions, the purpose behind the gift, and how the size of the gift relates to the specific project it is intended for. Additionally, a gift that may be seen as substantial for one project might not have the same significance in the context of a more expensive project. Facility naming may also be considered based on a charitable donation or corporate sponsorship, provided that the contribution constitutes a “Significant Financial Contribution” as defined in this subsection and must: (1) The donation or sponsorship must represent a material and outcome-determinative charitable contribution, the absence of which the facility would not have been constructed, enhanced, preserved, or meaningfully improved to the same degree or within the same timeframe; (2) The Significant Financial Contribution must far exceed nominal or customary financial support, routine philanthropy, marketing expenditures, or payments otherwise required by law, regulation, development approval, or contract; and (3) The corporate sponsor would enter into a naming rights facility agreement, which agreement would provide the corporate sponsor the exclusive right to name a property, location, or event for a set period, ordinarily for a ten-year exclusive period. the agreement shall ensure that all applicable termination, revocation, and reputational protection provisions are provided for. (4) In determining whether a contribution qualifies as a Significant Financial Contribution, the City Commission shall consider the nature, scale, duration, and direct nexus between the contribution and the facility. 5 ORDINANCE #2026-027 (5) A “Significant Financial Contribution” must be of such magnitude or impact that recognition through facility naming or street co-designation is warranted as an exceptional honor, rather than a routine acknowledgment. (6) A corporate sponsor for a facility naming right would be required to provide funding to the City, which funding would be utilized to fund the costs associated with the naming and used to maintain the facility. Any surplus funds would be utilized for a public purpose and deposited in the general fund and designated for special projects in the City. Actual physical or other naming/renaming measures for a corporate sponsor, including signage changes, shall not be performed by the City until such the maintenance costs and funding to the City, as determined by the City Manager's office, are paid to the City. (b) (d) Eligibility Criteria for Naming/Renaming of a structure, interior room, park, recreational facility, monument or building (collectively "facility"). (1) City elected officials; (2) City elected officials who have completed their full-term limit, made a significant contribution to the city and/or becoming elected to a higher office; (1) City elected officials who have completed their term limit that have made a Significant Contribution, as defined above, to the City. If the elected official does not complete a full term due to death or material illness may be an exception to this rule, with a 4/5 vote. (2) City employees that have made significant contributions and a positive impact to the City, and separated from full-time employment in good standing; (3) Persons making a significant contribution to the City over a period of years can be considered with a written request made to the director of parks and recreation To be considered for recognition, a prospective honoree must have at least ten (10) years of involvement in the community consistent with the criteria in section (c)(i), above, and demonstrate a significant and consistent commitment to the City. A written application must be submitted to the City Manager’s designee, the Director of Parks and Recreation for consideration. (4) Names of existing facilities shall not be duplicated; (5) Every effort shall be made to avoid naming conflicts with neighboring municipalities; (6) Where the name of an individual is used, approval shall be obtained from the individual’s estate or legal representative or the next of kin prior to using the name; (7) In making the decision to utilize a name, the City Commission must take into consideration whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry; (9) Whether or not the applicant has met the requirements referenced in this Code and have the support of surrounding property owners; 6 ORDINANCE #2026-027 (810) If named after a corporation, the corporation, or other non-natural person, must have a reputation without a criminal, fraudulent, immoral or an offensive history. See additional requirements for corporate naming request, under subsection (a) (c)(ii); (91) Recommendations for the naming of a facility are encouraged to reflect community members who satisfy the naming principles under this ordinance. have made substantial contributions over a period of years to the City by volunteering services (athletics or other), serving on boards/committees, commissions, past employees, and Civic organizations; (102) The naming of facilities can be offered to the City Commission by the league or organized group that the person served within and to name a specific facility utilized by the league or organized group. (113) Naming may be considered based on the provision of Significant Financial Contribution as further defined in this ordinance. (12) Parks and facilities that are donated to the City may be named by deed restriction by the donor. The naming and acceptance of land is subject to approval by the City Commission. (135) Naming should not conflict with grant funding policies established by local private, state and, or, federal grant funding programs. (15) An honoree may only receive one recognition from the City — either a facility naming, or a street co-naming. Once an honoree has received any one of these honors, they are ineligible to receive the other two. (ec) Notification of proposed naming or renaming. (1) The Parks, Recreation and Community Affairs Advisory Board (the Board”) shall issue an advisory recommendation to the City Commission. The Board advisory board meeting shall not be required to be advertised or noticed in a paper of general circulation, however, the Board meeting shall be posted on the City's website and bulletin board at least forty-eight (48) hours prior to the meeting. (2) Mail notification of a naming or renaming public hearing request before the City Commission shall issue to all property owners within one thousand (1,000) feet of the facility. All notices shall follow the requirements contained in Section 610-20 of the Land Development Code and shall issue thirty (30) days before the public hearing on the request. The notice shall include a picture of the facility, the address of the facility, and the proposed name/rename to be considered. The notice shall contain the date, time and location for the public hearing, and advise the public that they may provide input on the name request. (fd) Review and approval of request Applications. (1) Requests for naming/renaming must be submitted in writing to the director of parks and recreation. All individuals and organizations requesting for naming/renaming a City of Dania Beach facility must submit a City of Dania Beach Application, a petition as provided below, and an application fee as determined by separate resolution. All costs, including notices, mailings, sign changes, staff time, etc. as determined by the city 7 ORDINANCE #2026-027 manager's office, shall be the responsibility of the applicant. No application shall be granted by the city commission until after the city's receipt of payment of the application fee and notification, mailing, sign changes, and associated costs. Actual physical or other naming/renaming measures, including signage changes, shall not be performed by the city until such additional costs over and above the application fee, as determined by the city manager's office, are paid to the city. (2) These requests will be reviewed by the parks, recreation and community affairs advisory board prior to transmission to the city manager. The decision of the board shall be advisory only and shall be submitted to the City of Dania Beach City Commission for a final determination. (3) The individual whose name is being considered must not have a felony conviction in the State of Florida, or any crime of moral turpitude. If the city is aware of a felony in any other state, or any crime of moral turpitude, then the individual will be disqualified under this section. (4) The applicant may be responsible for the actual cost of signage. If the naming is for a retired or former employee, volunteer, or elected official, no signage fee will be required. (5) Final determination. The city commission shall make a final determination of granting or denying an application. In doing so, the city commission shall have absolute discretion for naming a city facility and shall enact a resolution, after public hearing. Final approval shall require a four-fifths (⅘) vote of the city commission. (6) Waiver of guidelines. The city shall consider a waiver to any portion of these guidelines for procedures, except for subsection (7) below entitled "automatic denials," if by a four- fifths (⅘) vote of the city commission, the commission agrees to such a waiver of a portion for any other reason. (7) Automatic denials. (i) The individual after whom the street is to be co-designated had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral turpitude at the time of his or her death. (ii) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation (and its officers and representatives) without a felony criminal, fraudulent, immoral or offensive history. (iii) Discriminatory or antisemitic (anti any religious, racial or ethnic) name or reference. (1) Applications for naming/renaming must be submitted in writing to the Manager’s designee, the Director of Parks and Recreation. All individuals and organizations requesting for naming/renaming a City of Dania Beach facility must submit a City of Dania Beach Application, and an application fee as determined by separate resolution. 8 ORDINANCE #2026-027 (2) A brief biographical description or corporate description that includes the date and location of birth, when the individual became part of the community, the connection between the naming to the community, and why (s)he should be memorialized. (3) Whether or not the name requested is already being utilized in the immediate or surrounding neighborhoods, other parts of the City, Broward County or both. (4) Whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry. (5) Whether or not the name has been utilized for a street co-designation, or other facility naming. Only one can be authorized. (6) Whether or not the applicant has met the requirements referenced in this Code. (7) Whether or not the street or the existing name of the street requested to be co- designated has significant historical value to the City. (8) All costs, including notices, mailings, staff time, etc. as determined by the City Manager's office, shall be the responsibility of the applicant. No application shall be granted by the City Commission until after the City's receipt of payment of the application fee and notification, mailing, and associated costs. (9) For charitable gifts or Corporate Sponsorship, actual physical or other naming/renaming measures, including signage changes, shall not be performed by the City until such additional costs over and above the application fee, as determined by the City Manager's office, are paid to the City. (10) For an Individual honoree, or family, or group the application must include the following: i. Full Name(s). ii. Dates of residency in the City of Dania Beach. iii. Narrative as to the Significant Contributions and achievements of an honoree, family or group. iv. A sworn affidavit that the person being honored does not have a criminal felony (conviction, plea of guilty, nolo contendere) or crimes of moral turpitude charges or convictions. (11) Requests for Significant Charitable Contribution, such as a gift or corporate sponsorship of facilities require the submission of a formal proposal and application that includes the following: i. Compliance with the provisions of this ordinance. ii. Proposed Name to be displayed on the facility. iii. Proposed sponsors must demonstrate a record of integrity and business ethics, and be willing to enter into a sponsorship agreement. Proposed sponsor must not have crimes of moral turpitude or felony criminal charges or convictions (individual or corporate). 9 ORDINANCE #2026-027 iv. Sponsorships will be negotiated by the City Manager on a case-by-case basis, using prevailing sponsorship guidelines and keyed to the value of the sponsorship prior to submittal to the Board and the City Commission. v. All signage will be created and erected by the City at the corporate partner’s expense, and must be approved in advance by the City. (12) These requests will be reviewed by the City Manager’s designee to confirm that the application is complete. (13) Potential names without sufficient supporting documentation will be rejected by Manager’s designee and will not be presented to the Board. (14) Once the application and substantiating documents are confirmed as complete, the Board shall review the proposed naming and will offer the opportunity for public input on the proposed naming. (15) The Board shall forward their advisory recommendation to the City Manager to place on the City Commission agenda. (16) Final determination. The City Commission shall make a final determination of granting or denying an application. In doing so, the City Commission shall have absolute discretion for naming a City facility and shall enact a resolution, after public hearing. Final approval shall require a four-fifths (⅘) vote of the City Commission. a. The City Commission shall consider the character of individuals, and the work, mission, and image of corporations, prior to making its recommendation. b. The City Commission may also consider any other factors that could affect public confidence in or perception of the City’s impartiality; or interfere with the delivery of City services or operations; or which the City finds unacceptable, including, but not limited to, current or potential conflicts of interest, policies or positions between the sponsor and the City, including its employees, officials, or affiliates; or has the potential to tarnish the City’s standing among its citizens; or otherwise affect or impair the City’s performance of its roles, duties and functions. (17) Waiver of guidelines. The City shall consider a waiver to any portion of these guidelines for procedures, except for subsection (18) below entitled "automatic denials," if by a four- fifths (⅘) vote of the City Commission, the Commission agrees to such a waiver of a portion for any other reason. 10 ORDINANCE #2026-027 (18) Automatic denials. (i) The individual after whom the street is to be co-designated had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral turpitude at the time of his or her death. If the City is aware of a felony in any other state, or any crime of moral turpitude, then the individual will be disqualified under this section. (ii) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation for conflicting with the core values of the City or the City determines that the naming may impugn the reputation, image, or integrity of the City, or compromise the public trust. (iii) There is evidence of discrimination against anyone on the grounds of race, color, sex, sexual preference, age, marital status, physical or mental disability, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, homosexuality, transgender identity and age. (iv) An application is not submitted with all requirements of this Ordinance. (v) A request was proposed and considered by the City within two (2) years of the date of submittal of the application. (vi) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation (and its officers and representatives) without a felony criminal, fraudulent, immoral or offensive history. (vii) Previously have a street co-designation, or a facility naming. (ge) Implementation of a naming decision. (1) The named facility shall be displayed with proper signage and identified by its full name in oral and written communications. (2) After consulting the City Commission, all signage must be approved by community development or designee, which shall determine the size and location of signage. (3) A brief biographical excerpt from the individual's accomplishments should be exhibited in a prominent place within the facility. A recognition plaque shall also be required. (4) Should a donation be made on behalf of the naming right, or a corporate sponsor identified with funding, a designated fund may be established by the finance department for the maintenance of signage. 11 ORDINANCE #2026-027 (hf) Duration of naming privilege. The corporate sponsor duration of a naming rights shall be for an initial period of up to ten (10) years from the date of installation of signage. And, may be extended for further ten-year periods. Additionally, for a corporate sponsor, the City Commission can negotiate a longer naming right period based dependent upon a Significant Financial Contribution to the City the corporate, organizational sponsor's funding contribution to the City. Renaming of a corporate sponsor may occur earlier if the facility name is no longer in line with the criteria and guidelines of subsection (d)(7), as to the corporate sponsor's principals and management, or the corporate/organizational name utilized demeans the city in any way. (ig) Termination/Revocation. (1) The City reserves the right to revoke any previously approved naming in the event information comes to light that detracts from the rationale used to justify the naming. See subsection (f) above. (2) The city reserves the right to revoke any previously approved naming if the person subject to the naming privilege is subsequently convicted of a felony offense or any of the provisions of subsection (d)(7), above, would now apply to the name. (1) The City reserves the right, exercisable at any time and in its sole discretion, to revoke, modify, or remove any previously approved facility naming without compensation, if the City determines in good faith that the conduct, actions, omissions, allegations, investigations, charges, or convictions of the named individual or entity, or circumstances associated therewith, have occurred or are reasonably likely to occur that may adversely affect the City’s reputation, public trust, or the integrity of its public facilities or rights-of-way, or if the naming would no longer meet the eligibility standards or policy objectives of this section. (2) The renaming of facilities named after an individual person is strongly discouraged. However, the City Commission may choose to rename an existing facility if the facility name is no longer in line with the City objective and/or demeans the City in any way, or if any of the conditions in subsection (b)(7) or (8)are impacted. If subsections (b)(7) or (8) is impacted, the City Commission can remove the name from the facility by a three-fifths (⅗) vote. However, if these conditions are not met, then a renaming would require a four-fifths (⅘) vote of the City Commission to rename the facility. (3) Renaming of a corporate sponsor may occur earlier if the facility name is no longer in line with the criteria and guidelines of subsections (d)(7) and (8), as to the corporate sponsor's principals and management, or the corporate/organizational name utilized demeans the City in any way. or in the City’s sole discretion compromises the public trust, no longer supports the mission and policies of the City, or are otherwise be contrary to the best interests of the City upon a three-fifths (3/5) vote. If these conditions are not met, then a renaming would require a four-fifths (4/5) vote of the City Commission to rename the facility. (4) The City may terminate the previously approved naming and all rights and benefits of the donor, including termination of the sponsorship agreement; (a) in the event of any default in payment of the gift or contribution associated with the naming right; or (b) in the event that 12 ORDINANCE #2026-027 the City determines in its reasonable and good faith opinion that the name associated with the naming right would adversely impact the public trust, image or the reputation of the City, including acts of moral turpitude, or a felony charge, upon a three-fifths (3/5) vote. Upon any such termination of previously approved naming, the City shall have no further obligation or liability to the donor and shall not be required to return any portion of the gift or contribution already paid. (5) If the naming rights are revoked then any donations or other money provided to the City to maintain, repair, or replace that sign shall be used to remove the signage and return the City property into its original condition. All remaining money may be retained by the City for its own use. (4) Cross-reference with subsection (f) above as to naming and renaming conditions. * * * Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance be codified and shall become and be made a part of the Code of the City of Dania 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 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on August 25, 2026. PASSED AND ADOPTED on second reading on September 14, 2026. First Reading: Motion by: Commissioner Rimoli. Second by: Commissioner Lewellen. 13 ORDINANCE #2026-027 Second Reading: Motion by: Vice Mayor Salvino. Second by: Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY