Res No 033-17-14834RESOLUTION NO.033-17-14834
A Resolution of the City of South Miami to authorize the City Manager to
make certain SMCRA expenditures out of City funds as well as
authorizing him to take other actions on related matters.
WHEREAS,the SMCRA Board approved the SMCRA 2016-17 Fiscal Year
budget on October 17,2016;and
WHEREAS,the City Commission approved the SMCRA 2016-17 Fiscal Year
budget with amendments on December 20,2016;and
WHEREAS,the SMCRA didnotacceptand therefore didnot approve the
amendments of the City Commission on January 9?2017;and
WHEREAS,the City Attorney did not sign the City Commission version of the
SMCRA budget with amendments as approved on December 20,2016 because itwashis
opinion thattheCity Commission didnothaveauthorityto amend the SMCRA budget;
and
WHEREAS,the City Attorney andtheCity Manager contacted the County
Attorneys Officeand discussed the matter of theconflict between theCityandits SMCRA
tobe advised ona strategy to resolve the conflict;and
WHEREAS,the County Attorneys Office declined togivean opinion toa
municipalityand recommended thattheconflicthadtoberesolvedpriortoactionbythe
Countyrelativeto approving the SMCRA budget;and
WHEREAS,the SMCRA Executive Director called the Miami Dade Office of
Management &Budget which has jurisdiction over CRA's inthe County;and
WHEREAS,the SMCRA Executive Director received an email on February 21,
2017 fromthe Miami DadeOffice of Management &Budget statingthatthe County could
notreviewandapprovetheSMCRAproposedbudgetduetothe conflict between the
differing versions of the budget and therefore,the SMCRA could not expend anyfundsat
thistimeasthe Interlocal Agreement doesnot allow the CRA to spend funding fromthe
trust fund until such time asthe Board of County Commissioners has approved the budget;
and
WHEREAS,the City Attorney advised the City Commission that the County has
instructed the SMCRA to cease all expenditure until the City and the SMCRA have agreed
ona budget and until the budget has been approved bythe County.The City Attorney has
advised the Commission and CRA Board members that he cannot sign any of the contracts
that were approved atthe last SMCRA meeting since todoso will be put the SMCRA at
risk of being sued for breach of contract forfailureto pay the contract price on these
contracts.Therefore,it would appear that the SMCRA must halt all activity that will incur
any expense from the trust fund since there isno way of determining if and when the
expense willbe paid;and
Res.No.033-17-14834
WHEREAS,Sectionl63.335 (3),Florida Statutes provides that the expenditure of
moneyasallowedby Chapter 163,PartIII,isforapublicuseand purpose.Itstatesthat:
Itis further found and declared that the powers conferred bythis part arefor public
usesand purposes for which public moneymaybe expended andpolice power
exercised,andthe necessity inthe public interestforthe provisions herein enacted
is declared as a matter of legislative determination
WHEREAS,Florida Statute Sectionl63.370 (1)provides a municipality may
expend funds that are necessary tocarryoutthe purpose of Chapter 163,PartIIIandit
authorizes a municipality to take certain action including the following:
To appropriate such funds and make such expenditures asare necessary to carry
outthe purposes of this part;tozoneor rezone any part of the county or
municipality or make exceptions from buildingregulations;andto enter into
agreements with a housing authority,which agreements may extend over any
period,notwithstanding any provision orrule of lawtothe contrary,respecting
action tobe taken by such county or municipality pursuant toany of the powers
granted by this part.
WHEREAS,the City Commission takes these actions with the expectation that
the SMCRA will pay the City back forthe expenditures madebythe City that fulfilled the
SMCRA's obligations.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The above recitals are statements of fact held to be true and are
incorporated into the body of this resolution.
Section 2.The City Commission hereby authorizes the City Manager to make
certain SMCRA expenditures out of City's General Fund aswellas authorizing him to
talce other actions on related matters.Such expenditures shallbe limited tothe following
expenditures andinthe following approximate recurring monthly amounts:
CRA
Estimated Monthly Recurring Expenses.
Estimated Monthly Salary Amount Description
7,035.62 Salary
535.89 FICA
140.72 ICMA
617.23 Group Health Insurance
Stephen David 8,329.46
3,201.89 Salary
227.02 FICA
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Res.No.033-17-14834
38.42 ICMA
603.07 Group Health Insurance
Lorraine Council 4,070.40
4,026.36 Salary
294.73 FICA
260.00 Pension-James McCants (monthly)
605.98 Group Health Insurance
James McCants 5,187.07
9,586.06 Salary (2 Police Officers)
711.66 FICA (2 Police Officers)
1,218.83 Group Health Insurance (2Police Officers)
1,410.53 Pension
Police Officers (2)12,927.08
Estimated Monthly Recurring
6101110-5544631
6101110-5549920
6101110-5593120
6101110-5833125
6101110-5833125
6101110-5833455
6101110-5833455
6101110-5833455
Estimated Monthly Grand Total
NOTE:
6101110-5833125
80.00
75.00
1,625.00
350.00
25.00
75.00
550.00
197.00
2,977.00
33,491.01
Sprint Solution
Toshiba Business (Copiers)
Thelma Gibson -(Elderly Care)
FPL (5825 SW68St Suites #1,#2,#4,#HOUSE)
MiamiDade Water &Sewer (Monthly Average)
Metro Dade Security (Alarm System)
Joe Kennerly Lawn Service
Elite Maintenance &Mgmt Co (Janitorial Serices)
3,956.50 Florida Municipal Insurance (3rd Installment due April 2017)
Itis hereby declared tobeinthe best interest of the City to allow the City Manager
tomake these express SMCRA expenditures out of Cityfundsthe Emergency Reserve
Fund 051 which the 2014 Commission funded the full amount recommended by the City
Manager and the Government Financial Officers Association (GFOA)of 25%;12.5%for
budget uncertainties and 12.5%for emergency response,asthe issue at hand isa budget
uncertainty,andtheCity Manager is therefore specifically authorized to make the
expenditures listed above in such amounts as necessary pursuant tothis Resolution.
Section 3.The Commission makes such authorization fora period of one month,teee
months.Should there beno approval of the SMCRA budget bythe County attheend of
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Res.No.033-17-14834
thefirstthreemonth period,thisauthorizationshallbeextendedforthreemonthsandfor
everyconsecutivethreemonthperiodthereafter.Thisauthorizationshallendwhenthis
resolutionisrepealedoratthepointintimewhentheCountyapprovestheCRAbudget
Section 4.If any section clause,sentence,orphrase of this resolution isfor
anyreasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,the
holdingshallnotaffectthe validity of theremainingportions of thisresolution.
Section 5.Effective Date.This resolution shall become effective immediately
upon adoption byvote of theCity Commission.
ithPASSEDANDENACTEDthis24^dayof February,2017.
ATTEST:APPROVED:
READ AND AP
LANGUAGE
VED AS TO FORM:
ALITY.AND
COMMISSION VOTE:3-2
Mayor Stoddard:Yea
Vice Mayor Welsh:Yea
Commissioner Edmond:Nay
Commissioner Harris:Nay
Commissioner:Liebman Yea
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