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10-17-06
CITY COMMISSION AGENDA City Commission Meeting Meeting date: October 17, 2006 Next Regular Meeting date: November 7, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663- 6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. a) Certificates of Appreciation to South Miami Middle finalists of arts award. b) School Board presentation. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of September 12, 2006 b) Minutes of September 26, 2006 REGULAR CITY COMMISSION AGENDA - OCTOBER 17, 2006 1 2. City Manager's Report a) Update on Sprinkler System at Larkins Hospital b) Update on construction hole along SW 70th Street, west of SW 59th Place. 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING YVONNE BECKMAN TO SERVE ON THE , PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER 16, 2008 AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING YVONNE BECKMAN TO SERVE ON THE PLANNING BD FOR A TERM OF TWO YEARS, ENDING 10116108) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MICHAEL LaMONICA TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER 16, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING MICHAEL LaMONICA TO SERVE ON THE HPB FOR A TERM OF TWO YEARS, ENDING 10116108) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ANA NATALI TO SERVE- ON THE COMMISSION FOR WOMEN FOR A TERM OF TWO YEARS, ,ENDING OCTOBER 16, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING ANA NATALI TO SERVE ON THE COMMISSION FOR WOMEN FOR A TERM OF TWO YEARS, ENDING 10116108) (Mayor Feliu) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $8,200.00 FOR THE FEES ASSOCIATED WITH A PHYSICAL INVENTORY OF THE CITY'S CAPITAL ASSETS, AND CHARGING REGULAR CITY COMMISSION 2 AGENDA - OCTOBER 17, 2006 THE DISBURSEMENTS TO ACCOUNT NUMBER 001 -1320- 513 -3450 TITLED "CONTRACTUAL SERVICES ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMT NOT TO EXCEED $8,200.00 FOR THE FEES ASSOCIATED WITH A PHYSICAL INVENTORY OF THE CITY'S CAPITAL ASSETS, AND CHARGING THE DISBURSEMENTS TO THE CONTRACTUAL SERVICES ACCT W /CURRENT BAL$9,500)' (City Manager) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SUNSET DRIVE DRAINAGE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FOR SUNSET DR DRAINAGE IMPROVEMENTS) (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI STORMWATER IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI STORMWATER IMPROVEMENTS) (City Manager) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA IN AN AMOUNT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710 - 519 -3450; PROVIDING FOR AN EFFECTIVE DATE.3 /5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA IN AN AMT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPT ACCT W /CURRENT BAL$28,000) (City Manager) 11 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) FORD CROWN VICTORIA POLICE PURSUIT VEHICLE AS A REPLACEMENT VEHICLE WHICH WAS TOTALED IN A TRAFFIC CRASH FOR THE AMOUNT NOT TO EXCEED $24,827.00 FROM GUS MACHADO FORD; WITH THE FIRST YEAR'S REGULAR CITY COMMISSION 3 AGENDA - OCTOBER 17, 2006 INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $5,383.13 TO BE CHARGED TO THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT #615 -1910- 521 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE FORD CROWN VICTORIA POLICE PURSUIT VEHICLE AS A REPLACEMENT WHICH WAS TOTALED IN A TRAFFIC CRASH FOR THE AMT NOT TO EXCEED $24,827.00 FROM GUS MACHADO FORD; WITH THE FIRST YEAR'S INSTALLMENT OF FIVE ANNUAL PAYMENTS OF $5,383.13 TO BE CHARGED TO THE POLICE FEDERAL FORFEITURE OPERATING ACCT W /CURRENT BAL$15,322) (City Manager) 12. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE ALL APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2006/07 FOR $2,945.00; TO DESIGNATE $982.00 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT # 615- 1919 521 -64301 AS MATCHING FUNDS REQUIRED BY THE GRANT PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL & SYTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 06107 FOR $2,945.00; TO DESIGNATE $982.00 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT AS MATCHING FUNDS REQUIRED BY THE GRANT) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI APPROVING A BUDGET FOR THE SMCRA AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; AUTHORIZING THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE SMCRA AGENCY TO SUBMIT THE BUDGET TO MIAMI -DADE COUNTY FOR APPROVAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE. DATE. 3/5 (A RESOLUTION APPROVING A BUDGET FOR THE SMCRA AGENCY FOR THE FY BEGINNING 10101106 AND ENDING 9130107; AUTHORIZING THE SMCRA AGENCY TO SUBMIT THE BUDGET TO MIAMI -DADE COUNTY FOR APPROVAL) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE CITY MANAGER; CREATING THE POSITION OF ASSISTANT CITY MANAGER; PROVIDING FOR TERMS, CONDITIONS AND AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE CITY MANAGER; CREATING THE POSITION OF ASSISTANT CITY MANAGER) (City Manager) REGULAR CITY COMMISSION 4 AGENDA - OCTOBER 17, 2006 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF WALL SIGNS FOR MANARA RESTAURANT ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5837 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. (A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR THE PLACEMENT OF WALL SIGNS FOR MANARA RESTAURANT ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5837 SUNSET DRIVE) 3/5 (City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON REGULAR CITY COMMISSION 5 AGENDA - OCTOBER 17, 2006 PROPERTY LOCATED AT 6330 SW 40t' STREET WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION RELATING TO A REQUEST FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON PROPERTY LOCATED AT 6330 SW 40th ST) (City Manager) 19. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT 'SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED ALL ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION RELATING TO TWO VARIANCES TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING ON PROPERTY LOCATED AT 7641 SW 62 AVE) (City Manager) 20. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS- 3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FT WHERE A MINIMUM 75 FT OF FRONTAGE IS REQUIRED ON PROPERTY LOCATED AT 7630 SW 63 COURT) (City Manager) RESOLUTION (S) 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE MIAMI -DADE COUNTY RESOLUTION CONCERNING PROVIDING HOMEOWNERS AGE 55 REGULAR CITY COMMISSION 6 AGENDA - OCTOBER 17, 2006 AND OLDER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED A ONE -TIME TRANSFER OF THE "SAVE OUR HOMES" ASSESSED VALUE IN THEIR PRESENT HOMESTEAD PROPERTY TO SMALL, LESS EXPENSIVE REPLACEMENT HOMES IN THE SAME COUNTY WITHIN ONE YEAR OF THE SALE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION SUPPORTING THE MIAMI -DADE COUNTY RESOLUTION PROVIDING HOMEOWNERS AGE 55 AND OLDER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED A ONE -TIME TRANSFER OF THE "SAVE OUR HOMES' ASSESSED VALUE IN THEIR PRESENT HOMESTEAD PROPERTY TO SMALL, LESS EXPENSIVE REPLACEMENT HOMES IN THE SAME COUNTY WITHIN ONE YEAR OF THE SALE) (Mayor Feliu) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYING THE STATE LEGISLATURE TO ENACT A JOINT RESOLUTION TO PLACE ON A STATEWIDE BALLOT A CONSTITUTIONAL AMENDMENT TO THE FLORIDA CONSTITUTION, ARTICLE VII, SECTION 6(C), TO INCREASE THE HOMESTEAD EXEMPTION FROM $25,000 TO $100,000; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION LOBBYING THE STATE LEGISLATURE TO ENACT A JOINT RESOLUTION TO PLACE ON A STATEWIDE BALLOT A CONSTITUTIONAL AMENDMENT TO THE FLA CONSTITUTION, TO INCREASE THE HOMESTEAD EXEMPTION FROM $25,000 TO $100,000) (Mayor Feliu) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 24. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND REGULAR CITY COMMISSION 7 AGENDA - OCTOBER 17, 2006 ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 25. AN ORDINANCE OF THE MAYOR AND. CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY ; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING "BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." REGULAR CITY COMMISSION 8 AGENDA - OCTOBER 17, 2006 COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO 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 OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 9 AGENDA - OCTOBER 17, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 F 1 f City of South Miami Special City Commission Minutes September 12, 2006 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in special session on Tuesday, September 12, 2006, beginning at 7:35 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Vice Mayor Randy G. Wiscombe, Commissioners Velma Palmer, Marie Birts and Jay Beckman. Mayor Horace G. Feliu was absent. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley. B. Invocation: The invocation was delivered by Vice Mayor Wiscombe. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) Budget and Finance Committee Members of the Budget and Finance Committee present: Cathy McCann, Toni Alam, Brian Beasley and Lori Yanoshik. Chair McCann, after introducing the Committee, said that they would be reporting and giving suggestions with regard to the audit. She said that the Committee still has various questions which they expect to get the answers through upcoming meetings. She said that by the 26th the Committee will be ready to come back to the Commission with recommendations for the budget. She then thanked the Commission for their choice of the Budget and Finance Committee members. At this time, Committee Member Alam presented an overview of the Preliminary Review of the Comprehensive Audit Report. At the conclusion of the presentation the Commission was afforded time for questions to the Committee. SPECIAL CITY COMMISSION 1 MINUTES - September 12, 2006 SPECIAL CITY COMMISSION 2 MINUTES - September 12, 2006 1 2 Commissioner Palmer said that every year the auditor reports 3 certain problems; she said that it should not be left until 4 budget time before the Commission revisits the situation. She 5 said that they should look at it at least at a six or nine month 6 juncture. 7 8 Chair McCann said that it would be the Commission's 9 responsibility to request a report at least three months ahead of 10 the budget cycle to make sure that everything is in compliance. 11 In response to Commissioner Birt's question, Ms. McCann said that 12 it would be a wonderful idea for the City to have an ongoing 13 Committee for a year. 14 15 Finance Director Hussein explained that the audit process 16 begins in January and usually takes about three months for 17 everything to be completed. However, due to all the changes in 18 City administration this year it took a little longer. 19 20 Vice Mayor Wiscombe said that this has really been the 21 pattern for previous years; therefore, they need to set a 22 deadline for the auditor to have his report completed and 23 forwarded to the Commission. 24 25 Commissioner Beckman said that any noncompliance issues 26 should be taken care of right away and not be carried over year 27 after year. With regard to the pension funding, Commissioner 28 Beckman asked whether we were budgeted to take care of all the 29 deficits; Ms. Hussein responded that we are budgeted, and that 30 payments will be made quarterly. Commissioner Beckman then 31 referred to the item relating to "development and documented 32 disaster recovery plan," asking whether the City has any plan in 33 place for recovering documents in case of fire. 34 35 Ms. McKinley said that our computer system is programmed for 36 backing up all of our information on a weekly basis. She said 37 that the server is somewhere else in case that something happens 38 in City Hall. 39 40 Vice Mayor Wiscombe said that we should have the back up 41 done on a daily basis and that it should be placed in the fire 42 proof volt located in the Clerk's office. He then said that he 43 wants for the Commission to have the following: (1) a quarterly 44 report of the inventory, such as from Public Works, Parks and 45 Recreation, and the Police; (2) a quarterly report on the CPA 46 holdings; and, (3) a list reported quarterly of all grants that 47 we have, projects being done, and deadlines for completion. 48 49 Ms. McKinley said that once we have the HTE software 50 implemented it would be easier to put all the reports together 51 for the Commission. The new software will have the capability of SPECIAL CITY COMMISSION 2 MINUTES - September 12, 2006 accomplishing this task. She said that she will do it manually if she has to, until the new software is implemented. Vice Mayor Wiscombe also spoke of some concern with regard to the pay plan. He said that he wants the employees to be paid fairly, and that we need the market rate within the communities around us, but at the same time we need to take a look at the system. Committee Member Beasley then had questions regarding the proposed purchase of laptops; he said that they are concerned with the proposed figure which seems high, and he asked for a breakdown of the cost. MIS Manager Gremaf Reyes explained that the estimated cost includes license fees. The Committee said to have a concern with regard to the City's contract with the South Miami Hospital and suggested that it is time to revisit it. Counsel Figueredo said that in response to a request by Commissioner Palmer last year, he reviewed the Hospital's agreement together with staff at the time, and that their position was that there is no legal obligation on the part of the Hospital to pay more than what they were contractually obligated to pay because the contract is in good standing. We have no legal recourse because they are in compliance with the agreement. At this time Ms. McCann provided information regarding certain proposed reclassifications and increases in the pay plan for certain positions. She said that all of this had been documented and had been provided to the Commission for their review. She said that they did not have any recommendation for the Commission at this point; however, they will have their recommendation on this by the second budget hearing, and that it will be based on a salary study which was conducted last year. Ms. McCann then brought up a question regarding the contribution that the City makes to CPA. Commissioner Beckman then referred to page 69, line item 2597 Acct. No. 9240 "Contribution to CRA Trust Fund," which shows no money. Vice Mayor Wiscombe said that there might be some provision in the Interlocal Agreement that separates the City from the CRA; he added that the Ad Valorem taxes are paid directly to us from the County for that particular area and that the money would go into that particular fund. Ms. Hussein explained that the money transferred by the City to the CRA is revenue received from the County. Mr. O'Donniley further explained that this is shown on the CRA budget which has a line item for the City's TIF funds, a line item for the County's TIF funds, a line item for any revenues, and a line item for any carryover. All of that is identified in the CRA budget. SPECIAL CITY COMMISSION MINUTES - September 12, 2006 3 SPECIAL CITY COMMISSION 4 MINUTES - September 12, 2006 1 2 For further clarification on the issue of transferred monies 3 from the City to the CRA, Vice Mayor Wiscombe directed staff to 4 provide that information to the Budget and Finance Committee as 5 soon as possible. 6 7 At this point Commissioner Palmer suggested that the Budget 8 and Finance Committee should be activated 5 -6 months ahead of 9 the budget hearings. Vice Mayor Wiscombe concurred with this 10 suggestion. 11 12 At this time the Vice Mayor announced a five- minute recess. 13 14 15 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 16 17 181 Reading of Ordinance /Public Hearing(s) 18 19 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 21 6.521 WHICH EXCEEDS THE ROLLBACK RATE BY 13.69% AND 22 RESULTING IN 2.39% DECREASE IN PROPERTY TAX RATE IN THE 23 CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2006 24 /2007; PROVIDING FOR SEVERABILITY; ORDINANCES IN 25 CONFLICT AND AN EFFECTIVE DATE. 3/5 26 (City Manager) 27 28 Moved by Vice Mayor Wiscombe, seconded by Commissioner 29 Palmer to approve this item. 30 31 The public hearing was opened at this time. 32 33 Gary Milano said that he has two rental properties in the 34 City and that the taxes on them have gone up by 60 percent. 35 36 David Fry said that the budget is too high; the South Miami 37 Hospital agreement should be renegotiated; and that Chamber South 38 should pay rent. He urged the Commission to lead and direct, and 39 to allow the City Manager to do her job. 40 41 With no further speakers the public hearing was closed. 42 43 Moved by Vice Mayor Wiscombe, seconded by Commissioner 44 Birts, the motion to table this item passed by a 4 -0 vote: 45 46 Commissioner Palmer: Yea 47 Commissioner Birts: Yea " 48 Commissioner Beckman: Yea 49 Vice Mayor Wiscombe: Yea SPECIAL CITY COMMISSION 4 MINUTES - September 12, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Mayor Feliu: Absent 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, .ADOPTING A BUDGET OF $16,568,339 AND PAY PLAN FOR THE 2006/2007 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts to approve this item. The public hearing was opened and closed with no speakers. Commissioner Beckman said that the Commission has been working very hard with the employee manual, fringe benefits, pay plan, and insurance rates; the budget is not the only thing that they have been working with. He said that the proposed budget has an 8.8 percent increase in expenditures over last year; but that the personnel cost is up only 3.3 percent, and that includes salaries, benefits, and overtime. He then urged the Commission to review the recommendations on the pay plan that he submitted. Commissioner Palmer said that a lot of effort has been put into the proposed budget to make sure that it is a better one; however, she said that they pay a lot of attention to the Ad Valorem taxes but there are a number of other taxes that the City imposes on people which is making their lives very difficult. She added that she would not tell the Manager where she should cut, but that she would give her the flexibility to go back to* the budget and make some adjustments, because she thought that they can do better. In response to Commissioner Palmer's question regarding the organizational chart for the City Manager's. Department, Counsel Figueredo said that the chart is correct and according to code. Commissioner Birts said that she concurred with Commissioner Palmer in the sense that she believes that they could do better; she then said that she would like to see that the Parks and Recreation Department gets a little more because that is one function of the City that has the ability to touch people in every segment of the community and of every age. This is a department that has the potential of unifying all segments of our City, she added. She also said that they need more programs, including cooking and sewing classes; something in which the whole family can participate. Commissioner Palme that some of that money increase their programs. SPECIAL CITY COMMISSION MINUTES - September 12, 2006 r referred to the special events saying should go to Parks and Recreation to help 5 SPECIAL CITY COMMISSION 6 MINUTES - September 12, 2006 1 2 Vice Mayor Wiscombe said that he has been working with 3 Ajibola, with the Manager and the County to come to some type of 4 agreement to do some landscaping along the corridors, specially 5 along Metrorail. He then directed the City Manager to find out 6 exactly what the Ad Valorem taxes are going to be on the Shops of 7 Sunset Place again; he said that he does not want to see any 8 reduction on the assessment value. He said that the two police 9 officers that used to be assigned to the CRA could be paid out of 10 the CRA funds. He also recommended for the Commission to talk to 11 the City Clerk with regard to her salary. 12 13 Commissioner Palmer said to have some concern with regard to 14 the two police officers assigned to the CRA. She said that she 15 does not like to have two different standards, one for each side 16 of the City. 17 18 Moved by Vice Mayor Wiscombe, seconded by Commissioner 19 Beckman, the motion to table this item passed by a 4 -0 vote: 20 21 Commissioner Palmer: Yea 22 Commissioner Birts: Yea 23 Commissioner Beckman: Yea 24 Vice Mayor Wiscombe: Yea 25 Mayor Feliu: Absent 26 27 28 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 30 6.521 WHICH EXCEEDS THE ROLLBACK RATE BY 13.69% AND 31 RESULTING IN 2.39% DECREASE IN PROPERTY TAX RATE IN THE 32 CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2006 33 /2007; PROVIDING FOR SEVERABILITY; ORDINANCES IN 34 CONFLICT AND AN EFFECTIVE DATE. 3/5 35 (City Manager) 36 37 Moved by Commissioner Palmer, seconded by Vice Mayor 38 Wiscombe, the motion to bring back this item and to approve it as 39 a whole passed by a 4 -0 vote: 40 41 Commissioner Palmer: Yea 42 Commissioner Birts: Yea 43 Commissioner Beckman: Yea 44 Vice Mayor Wiscombe: Yea 45 Mayor Feliu: Absent 46 47 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 48 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 49 $16,568,339 AND PAY PLAN FOR THE 2006/2007 FISCAL YEAR; SPECIAL CITY COMMISSION 6 MINUTES - September 12, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Palmer, seconded by Commissioner Birts, the motion to bring back this item and to approve it as a whole passed by a 4 -0 vote: 3. Adjournment Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Absent COMMISSION REMARKS There being no further business to come before this Body, the meeting adjourned at 10:45 p.m. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION MINUTES - September 12, 2006 7 Approved Horace G. Feliu Mayor 1 City of South Miami Draft 2 Special City Commission Minutes 3 September 26, 2006 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in special session on Tuesday, September 26, 2006, beginning at 9 7:35 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe, 14 Commissioners Velma Palmer and Jay Beckman. Commissioner Marie 15 Birts was absent. 16 17 Also in attendance were: City Attorney Luis Figueredo, City 18 Clerk Maria M. Menendez and City Manager Yvonne Soler-McKinley. 19 20 B. Invocation: The invocation was delivered by Mayor Feliu. 21 22 C. Pledge of Allegiance: 23 The Pledge of Allegiance was recited in unison. 24 25 D. Presentations(s) 26 Budget and Finance Committee 27 28 Members of the Budget and Finance Committee present: Cathy 29 McCann, Toni Alam, Brian Beasley and Lori Yanoshik. 30 31 Committee Member Alam presented a thorough review of the 32 Committee's findings and recommendations to the Commission. They 33 presented Revised Estimated Revenues for: Franchise 34 Taxes /Electricity; Interest Income; Unified Communications Tax; 35 and, Burglar Alarm Fine. The Committee also presented a review of 36 the annual comprehensive audit report for the fiscal year ending 37 9/30/05. In addition, they made recommendations with regard to 38 the 2006/07 pay classification changes as proposed. 39 40 At the conclusion of the presentation the Commission was 41 afforded time for questions to the Committee. 42 43 City Auditor Nestor Caballero was also present and provided 44 clarification to various questions and concerns from the 45 Commission. He explained that his goal every year is to have his 46 report completed by March 31st. Due to circumstances and changes SPECIAL CITY COMMISSION MINUTES - September 26, 2006 1 1 in the administration this year, the report came out late, he 2 added, and that he really wants to see the real ending numbers 3 for 05/06 before providing any opinion regarding cash reserves.. 4 5 6 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 7 8 2nd Reading of Ordinance /Public Hearing(s) 9 10 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 11 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 12 6.521 WHICH EXCEEDS THE ROLLBACK RATE BY 13.69% AND 13 RESULTING IN 2.39% DECREASE IN PROPERTY TAX RATE IN THE 14 CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2006 15 /2007; PROVIDING FOR SEVERABILITY; ORDINANCES IN 16 CONFLICT AND AN EFFECTIVE DATE. 3/5 17 (City Manager) 18 19 Moved by Vice Mayor Wiscombe, seconded by Commissioner 20 Palmer to approve this item. 21 22 The Commission had a discussion about the pay plan. 23 Commissioner Beckman said that the pay plan is extremely 24 important and that it should be reviewed by the Commission and 25 get Commission's approval. He said that in the case of the clerk 26 is different because she works for the Commission and they are 27 the ones who decide what her salary should be. As far as the rest 28 of the employees, he said that they need input from the manager, 29 and that they should carefully review the pay plan by doing a 30 comprehensive review for the 07/08 fiscal year. 31 32 Vice Mayor Wiscombe said that they need to work in 33 conjunction with the manager with regard to the pay plan. He said 34 that he would like to look into changing the steps from six to 35 ten. On the other hand, he said that he does .not want to devalue 36 employees who are working very hard. Therefore, he said that at 37 the same time they need to be fair, rather than just freeze 38 everything as is and go with the cost of living. 39 40 Mayor Feliu said that he agrees with Commissioner Beckman's 41 recommendation of having a review of the pay plan but not waiting 42 until the 07/08 fiscal year, but work on that now and keep the 43 money in the budget so that hopefully within the next couple of 44 months they could pay employees according to the outcome of the 45 study. 46 47 Commissioner Beckman said that if we estimate revenues 48 somewhat conservatively, we are going to accumulate more revenue 49 than we spend; in order to be able to give back excess money, he SPECIAL CITY COMMISSION MINUTES - September 26, 2006 2 SPECIAL CITY COMMISSION 3 MINUTES - September 26, 2006 1 said that they need a very timely evaluation of cash carryover. bP3 2 In the future he said that they need that number. The auditor 3 said that the goal is to turn in the audited financial statement 4 by March 31St; that will allow the Commission to work on actual 5 numbers. 6 7 At this time the Mayor announced a five - minute recess. 8 9 As the meeting reconvened, the City Manager addressed the 10 Commission with a point of clarification. She explained that when 11 the budget is created there is a range, and it is her 12 responsibility when she puts the budget together to put the 13 maximum range because she does not know what the Commission is 14 going to vote on in the case of the City Clerk. Therefore, it has 15 been misconstrued that the City Clerk is going to get an increase 16 of $28,000 and that is not an accurate statement. That number was 17 put in there to give the Commission a choice to be able to decide 18 what the number is. 19 20 At this time the Mayor opened the public hearing. 21 2.2 The following speakers urged the Commission to lower the 23 millage: Gary Milano, Yvonne Beckman, David Fry, John Shaw, Tim 24 Merker, Frank Cuzzocrea, Bob Welsh, and Peter Jude. 25 26 With no more speakers the public hearing was closed. 27 28 Moved by Mayor Feliu, seconded by Commissioner Palmer, the 29 motion to table this item passed by a 4 -0 vote: 30 31 Commissioner Palmer: Yea 32 Commissioner Birts: Absent 33 Commissioner Beckman: Yea 34 Vice Mayor Wiscombe: Yea 35 Mayor Feliu: Yea 36 37 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 39 $16,568,339 AND PAY PLAN FOR THE 2006/2007 FISCAL YEAR; 40 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND 41 AN EFFECTIVE DATE. 3/5 42 (City Manager) 43 44 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to 45 approve this item. 46 47 Mayor Feliu noted that Commissioner Beckman had provided the 48 Commission with a memorandum regarding certain issues, including 49 the City Clerk's salary; he said that he agreed with Commissioner 50 Beckman's recommendation of $70,000 for the Clerk. SPECIAL CITY COMMISSION 3 MINUTES - September 26, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Commissioner Beckman said that this is a fair number and that the figure is based on the study that the City did and that is where he got the number from and that is what he is recommending. Vice Mayor Wiscombe said that he concurred with Commissioner Beckman's recommendation. Commissioner Palmer said that she had already stated her opinion on the matter by recommending $65,000 for the Clerk. Mayor Feliu again proposed that they look at the pay plan within the next three months so that they can make the proper changes and adjustments. As for clarification, Commissioner Beckman asked whether the Mayor was proposing that for the present time people will get paid according to last year's pay table with the 3% increase and that the Commission will go into the process of doing the review. Mayor Feliu proposed to keep the money in the budget while they go through the evaluation. Commissioner Palmer asked for clarification as to how an employee would be accommodated on a. newly structured pay plan. She said that whatever is designed, that it should be done with uniformity, and she emphasized that there should not be any form of flexibility to deal with the steps on the pay plan because that is where the problems begin. The Commission then had a discussion on this issue. At this time the Mayor opened the public hearing. Katrina Burkhardt requested clarification regarding the pay plan and methods of salary increase. With no more speakers, the public hearing was closed. Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to table this item passed by a 4 -0 vote: SPECIAL CITY COMMISSION MINUTES - September 26, 2006 Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea 11 SPECIAL CITY COMMISSION MINUTES - September 26, 2006 5 1 20 -06 -1888 . .j 2 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 4 -6.5 1 5.881 WHICH EXCEEDS THE ROLLBACK RATE BY 13.69% 5 2.52% AND RESULTING IN 2.39% 11.97% DECREASE IN 6 PROPERTY TAX 'RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, 7 FOR THE FISCAL YEAR 2006/2007; PROVIDING FOR 8 SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE 9 DATE. 3/5 10 (City Manager) 11 12 Moved by Vice Mayor Wiscombe, seconded by Commissioner 13 Palmer, the motion to bring this item back from the table passed 14 by a 4 -0 vote: 15 16 Commissioner Palmer: Yea 17 Commissioner Birts: Absent 18 Commissioner Beckman: Yea 19 Vice Mayor Wiscombe: Yea 20 Mayor Feliu: Yea 21 22 At this time Commissioner Palmer said that she would move to 23 remove the Dison property from the proposed expenditures. 24 25 Mayor Feliu said that the State has pledged about $200,000 26 for this acquisition and this is a very valuable property. The 27 City would then need to match that figure. 28 29 Ms. McKinley clarified that 400K would not buy the Dison 30 property because the last appraisal came up for 850K, but they 31 are willing to sell it for 700K. Right now we have 400K, but we 32 need another 300K. 33 34 Commissioner Palmer said that in her opinion we are still 35 not quite ready for that purchase. 36 37 Mayor Feliu said that we might be getting additional dollars 38 from Tallahassee, but in the meantime we should put aside the 39 200K until we get the rest of it. 40 41 Vice Mayor Wiscombe said to concur with the Mayor's 42 suggestion. All these pieces of land for parks that the City 43 acquires certainly guarantees a quality of life for the future 44 instead of letting it be developed all over the place. 45 46 Moved by Commissioner Palmer to remove the Dison property 47 from the budget. The motion died for lack of a second. 48 t` 49 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu to SPECIAL CITY COMMISSION MINUTES - September 26, 2006 5 SPECIAL CITY COMMISSION MINUTES - September 26, 2006 0 I =W .. 1 extend the meeting beyond 11:00 p.m. The motion passed by a 4 -0 2 vote: -- 3 Commissioner Palmer: Yea 4 Commissioner Birts: Absent 5 Commissioner Beckman: Yea 6 Vice Mayor Wiscombe:. Yea 7 Mayor Feliu: Yea 8 9 With regard to the MLK Event Parade Commissioner Palmer.said 10 that the last time the celebration was just nothing. She said 11 that it is fine to have the celebration but that it has to be 12 done properly. It was very disorganized, she added. 13 14 Vice Mayor Wiscombe concurred with Commissioner Palmer and 15 added that they should have a meeting to discuss the issue so 16 that it gets done right as suggested by Commissioner Palmer. 17 18 Moved by Commissioner Palmer to remove the Farmer's Market 19 from the budget. Seconded by Vice Mayor Wiscombe, the motion 20 passed by a 4 -0 vote: 21 22 Commissioner Palmer: Yea 23 Commissioner Birts: Absent 24 Commissioner Beckman: Yea 25 Vice Mayor Wiscombe: Yea 26 Mayor Feliu: Yea 27 28 Moved by Commissioner Palmer to remove $3,000 from the 29 budgeted $6,000 for the South Miami Arts & Crafts. Seconded by 30 Commissioner Beckman to discuss it. 31 32 Commissioner Beckman said that the South Miami Arts Festival 33 is a revenue generating event for these people and it has been 34 done for a long time. We are giving them our streets at no charge 35 so we do not need to give them money on top of that. Therefore, 36 he said that he would like to eliminate the entire $6,000. 37 38 Moved by Commissioner Beckman to remove the entire $6,000 39 from the budget for the South Miami Arts & Crafts. The motion 40 died for lack of a second. 41 42 On Commissioner Palmer Is motion to remove $3,000 from the 43 budgeted $6,000 for the South Miami Arts & Crafts, the motion 44 passed by a 3 -1 vote: 45 46 Commissioner Palmer: Yea 47 Commissioner Birts: Absent 48 Commissioner Beckman: Yea 49 Vice Mayor Wiscombe: Yea SPECIAL CITY COMMISSION MINUTES - September 26, 2006 0 I =W .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �M 48 49 Mayor Feliu: Nay Moved by Commissioner Palmer to remove the $3,000 from the budgeted $6,000 for S. Miami Arts Festival. Seconded by Commissioner Beckman. Commissioner Beckman then amended the motion by removing all $6,000. The motion died for lack of a second. On Commissioner Palmer's motion to remove the $3,000 from the budgeted $6,000 for S. Miami Arts Festival, the motion passed by a 3 -1 vote: Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Nay Moved by Commissioner Palmer, seconded by Commissioner Beckman to remove the PIO position from the City Manager's budget. Commissioner Beckman amended the language on the above motion in order to eliminate one position in the City Manager's department. Commissioner Beckman withdrew this amendment. On Commissioner Palmer's motion to remove the PIO position from the City Manager's budget, the motion failed by a 1 -3 vote: Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Nay Vice Mayor Wiscombe: Nay Mayor Feliu: Nay At this time Commissioner Beckman proceeded to propose the following budget adjustments: Moved by Commissioner Beckman, seconded by Vice Mayor Wiscombe, the motion to have two police officers to be paid out of the CRA budget. The motion and the second were withdrawn based on the clarification by Mr. O'Donniley below. Mr. O'Donniley explained that the CRA is currently paying for one officer and that he did not believe that there will be money on next year's budget to support a second police officer. Moved by Commissioner Beckman, seconded by Vice Mayor SPECIAL CITY COMMISSION 7 MINUTES - September 26, 2006 SPECIAL CITY COMMISSION 8 MINUTES - September 26, 2006 1 Wiscombe to remove the proposed $60,000 from the budget for the 2 construction of the bathroom at the Bethel Pavilion. The motion 3 passed by a 4 -0 vote: 4 5 Commissioner Palmer: Yea 6 Commissioner Birts: Absent 7 Commissioner Beckman: Yea 8 Vice Mayor Wiscombe: Yea 9 Mayor Feliu: Yea 10 11 Moved by Commissioner Beckman to remove the proposed $5,000 12 from the budget for the CAA Headstart building exterior paint. 13 14 Vice Mayor Wiscombe suggested that this task may be 15 performed by the Wounded Healers. 16 17 Commissioner Palmer said that the CRA is part of the City, 18 and that if there were no CRA we would have to do it anyway. 19 20 Commissioner Beckman said that this is the perfect project 21 for the CRA. 22 23 Seconded by Vice Mayor Wiscombe, the motion to remove the 24 proposed $5,000 from the budget for the CAA Headstart building 25 exterior paint passed by a 4 -0 vote: 26 27 Commissioner Palmer: Yea 28 Commissioner Birts: Absent 29 Commissioner Beckman: Yea 30 Vice Mayor Wiscombe: Yea 31 Mayor Feliu: Yea 32 33 Moved by Commissioner Beckman to pull out of the budget the 34 $10,000 from the city manager's salary, lowered from $140,000 to 35 $130,000 and add it to savings. Seconded by Mayor Feliu, the 36 motion passed by a 4 -0 vote: 37 38 Commissioner Palmer: Yea 39 Commissioner Birts: Absent 40 Commissioner Beckman: Yea 41 Vice Mayor Wiscombe: Yea 42 Mayor Feliu: Yea 43 44 Moved by Commissioner Beckman to pull out of the budget the 45 $4,364 related to the city manager's health insurance and add it 46 to savings. Seconded by Mayor Feliu, the motion passed by a 3 -1 47 vote: 48 49 Commissioner Palmer: Nay SPECIAL CITY COMMISSION 8 MINUTES - September 26, 2006 SPECIAL CITY COMMISSION 9 MINUTES - September 26, 2006 1 Commissioner Birts: Absent 2 Commissioner Beckman: Yea 3 Vice Mayor Wiscombe: Yea 4 Mayor Feliu: Yea 5 6 Moved by Commissioner Beckman to reduce the city manager's 7 office by one employee, back to three. The motion died for lack 8 of a second. 9 10 Moved by Commissioner Beckman to set the city clerk's salary 11 for this fiscal year to be $70,000. Seconded by Vice Mayor 12 Wiscombe, the motion passed by a 3 -1 vote: 13 14 Commissioner Palmer: Nay 15 Commissioner Birts: Absent 16 Commissioner Beckman: Yea 17 Vice Mayor Wiscombe: Yea 18 Mayor Feliu: Yea 19 20 Moved by Commissioner Beckman to pull out of the budget the 21 $18,000 saved from the budgeted $88,000 for the city clerk's 22 salary and add it to savings. Seconded by Vice Mayor Wiscombe, 23 the motion passed by a 4 -0 vote: 24 ? 25 Commissioner Palmer: Yea 26 Commissioner Birts: Absent 27 Commissioner Beckman: Yea 28 Vice Mayor Wiscombe: Yea 29 Mayor Feliu: Yea 30 31 Moved by Commissioner Beckman to reduce the Non - 32 Departmental, General Contingency from $130,000 to $110,000, 33 pulling the $20,000 difference out of the budget. The motion died 34 for lack of a second. 35 36 Moved, by Commissioner Beckman to reduce the Non - 37 Departmental, renegotiated Contractual - School Crossing Guard, 38 pulling the $25,843 difference out of the budget and add it to 39 savings. Seconded by Vice Mayor Wiscombe, the motion passed by a 40 4 -0 vote: 41 42 Commissioner Palmer: Yea 43 Commissioner Birts: Absent 44 Commissioner Beckman: Yea 45 Vice Mayor Wiscombe: Yea 46 Mayor Feliu: Yea 47 48 Moved by Commissioner Beckman to eliminate the notebook 49 computers for Commissioners, pulling the $10,500 out of the SPECIAL CITY COMMISSION 9 MINUTES - September 26, 2006 SPECIAL CITY COMMISSION MINUTES - September 26, 2006 10 l budget and add it to savings. The motion died for lack of a ` 2 second. 3 4 Moved by Vice Mayor Wiscombe to increase the lobbyist's 5 contract by $18,000. Seconded by Commissioner Beckman, the motion 6 passed by a 4 -0 vote: 7 8 Commissioner Palmer: Yea 9 Commissioner Birts: Absent 10 Commissioner Beckman: Yea 11 Vice Mayor Wiscombe: Yea 12 Mayor Feliu: Yea 13 14 At this time the Commission discussed the millage. 15 Commissioner Palmer proposed a 1.4 millage reduction and Vice 16 Mayor Wiscombe referred to the $2.1 million excess cash as 17 projected. Mayor Feliu cautioned that these are just projections. 18 The Commission debated as to how to reduce the millage while 19 leaving the required 10 percent as cash reserves, plus the 20 necessary operating cash which the City needs at the beginning of 21 the fiscal year. Ms. McKinley explained that the balance after 22 taking one mill out of the $2.1 million would be $912,637. Mr. 23 Balogun explained that in order to start a project and do payroll 24 during the first quarter the City needs to have operating cash. 25 At the beginning of the fiscal year the City does not get a lot 26 of revenue, Ms. McKinley explained. Commissioner Palmer said that 27 if we hold a large portion every year then we would always have 28 the same problem trying to reduce the millage. 29 30 Ms. McKinley said that our auditor feels that our 31 contingency is $1.5m and that we should keep another $1.5m for 32 operating cash. 33 34 Moved by Commissioner Palmer, that the proposed millage be 35 reduced by one mill. The motion died for lack of a second. 36 37 Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the 38 motion to accept a .8 reduction to reflect a millage of 5.881 39 passed by a.4 -0 vote: 40 41 Commissioner Palmer: Yea 42 Commissioner Birts: Absent 43 Commissioner Beckman: Yea 44 Vice Mayor Wiscombe: Yea 45 Mayor Feliu: Yea 46 47 21 -06 -1889 48 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 49 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF SPECIAL CITY COMMISSION MINUTES - September 26, 2006 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 $i6,568, $16,426,613 AND PAY PLAN FOR THE 2006/2007 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the motion to bring this item back from the table passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to amend this ordinance adopting a budget reflecting the lower adopted millage of 5.881 passed by a 4 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea With no further comments or discussion, the motion to approve this item as amended passed by a 4 -0 vote: 3. Adjournment Commissioner Palmer: Yea Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea COMMISSION REMARKS There being no further business to come before this Body, the meeting adjourned at 12:45 p.m. Attest Maria M. Menendez City Clerk SPECIAL CITY COMMISSION MINUTES - September 26, 2006 11 Approved Horace G. Feliu Mayor s srssx CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Yvonne S. McKinley City Manager From: Eva Rosa, Manager Code Enforcement Commissioner Palmer's Concern: Date: October 9, 2006 2*%%(q) Re: Commissioner's Concern Larkin Hospital sprinkler water discharging onto public sidewalk and forcing pedestrians into the street. G.E. Action Taken: October 4, Officer Carol Bynum contacted Miami -Dade County Code Enforcement, she was told to call 311 to open a case for Code Enforcement to investigate. Off. Bynum called 311 and spoke to Marie, and explained to her that the call was to put the County on notice of the above mentioned problem on the County Road of SW 62 Ave. Marie stated that the County would not get involved unless the street was flooding. Off. Bynum also spoke with Marie's supervisor Barbie, and Juan Fernandez of Miami -Dade P /W. She contacted Mr. Chang, Plant Operations Director at Larkin via e- mail advising him that the sprinkler problem still existed, as previously mentioned in the City's Courtesy Notice sent to him June 16, 2006. Today, Carol met with Mr. Chang, and he turned on the sprinklers. Officer Bynum witnessed the violation of sprinkler water discharging onto public sidewalk forcing pedestrians into the street. Code Enforcement issued NOCI #2684 with a one -time fine of $200.00, allowing ten days for compliance. CE has requested that sprinkler heads be adjusted to direct water towards property. s ts. ♦i INi�_RP T[nf s � i yGT CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Yvonne S. McKinley Date: October 10, 2006 City Manager From: Greg Netto, Engineering & Construction Re: Commissioner's Concern Operations Manager Public Works & Engineering Department Commissioner Palmer's Concern: Hole in sidewalk at the Southwest Corner of the Intersection of SW 59th Place and SW 70th Street. Public Works Action Taken: The following is what has transpired in association with the above referenced location. In mid- August a hole in the sidewalk (with utility wires in it) was discovered at the southwest corner of the intersection of SW 59t Place and SW 70th Street. Staff called the Miami -Dade Public Works Department Division of Traffic and Signals to investigate and fix the problem. We were told that they would come out to take care of the problem; however, there was no response. Later that day Staff filled the hole with sand and gravel due to the potential danger of pedestrians possibly injuring themselves (see attached photos). Yesterday, an e-mail was sent from our office to Mr. Robert Williams requesting his immediate attention and assistance to rectify the problem (see attached a -mails and response). Today, a call was made to Mr. Williams to follow up. By the end of the telephone conversation, it was agreed that we would have to coordinate (so there would not be a hole again) for our Staff to remove the sand and gravel from the hole and a crew from the Division of Traffic Signals and Signs would come to investigate and possibly fix the hole in the sidewalk (see attached e- mail response) if it is regarding the traffic signals. \\D48hy121 \gnetto\H- rMR0MCE MEMO - City Manager's Report.doc \ °) � �\ \d RIMIRprl mom, —.- -r .. -,r T' .-- l i , , ri 1 1 IN 1" -- 1 111111 T v I im Page 1 of 3 Netto, Gregory From: Williams, Robert (PWD) [rbw@miamidade.gov] Sent: Tuesday, October 10, 2006 9:10 AM To: Rubio, Oscar (PWD) Cc: Georgiadis, Chris (PWD); gnetto @cityofsouthmiami.net Subject: FW: Pull box Missing on SW Corner of SW 59 PI. & 70st (4686) Importance: High Oscar: Depending on Chris's response to the 2nd email below, please help the City resolve this matter by calling Greg Netto to advise when you can have someone inspect the cables in the hole. He'll have his crews dig out the gravel just before your crewman gets there. .,,r From: Netto, Gregory [ mailto :Gnetto @cityofsouthmiami.net] Sent: Monday, October 09, 2006 3:28 PM To: Williams, Robert (PWD) Cc: Balogun, Ajibola; De la Torre, Rudy Subject: RE: Pull box Missing on SW Corner of SW 59 PI. & 70st (4686) Robert: Thanks for your prompt response; actually I believe the hole can be hand dug to remove the gravel to see the utility wires. I am not aware of whom staff spoke with 7 weeks ago. In addition, our office is just trying to get this matter resolved ASAP. Moreover, we can coordinate meeting out there to investigate and possibly expedite taking care of the problem (if it belongs to the signals). Thanks, Greg Netto, P.E. Engineering & Construction Operations Manager City of South Miami Public Works Department 4795 SW 75th Avenue Miami, Florida 33155 Tel: 305.663.6350 Fax 305.668.7208 Email gnetto @cityofsouthmiami.net From: Williams, Robert (PWD) Sent: Monday, October 09, 2006 1:34 PM To: 'Gnetto @cityofsouthmiami.net' Cc: Rubio, Oscar (PWD); Georgiadis, Chris (PWD); Ferydoun Badrampour Subject: FW: Pull box Missing on SW Corner of SW 59 P1. & 70st (4686) Importance: High Greg: Thanks for the thorough description and pictures of the problem. I have several concerns: 10/10/2006 Page 2 of 3 1. The signal contractor who was working at this location completed their work in early 2005. I'm sure we would not have accepted it from them if this problem existed at that time. By copy of this email, I'm asking our inspector, Mr. Chris Georgiadis, to confirm. 2. Do you know whom you called at MDPW TS &S to seek assistance 7 weeks ago? We would like to have looked in the hole to help you identify the responsible party, but are now unable to do so due to the gravel. Ram 76V&4w4 P. E., PTO Signal System & Operations Mgr. rbw @miamidade.gov 305.592.8925 *247 Miami -Dade Public Works 7100 NW 36 Street Miami FL 33166 -6805 DeCdv d#5u $xce &wx $may V" From: Netto, Gregory [mailto:Gnetto @cityofsouthmiami.net] Sent: Monday, October 09, 2006 1:07 PM To: Williams,. Robert (PWD). Cc: Balogun, Ajibola; De la Torre, Rudy Subject: FW: Pull box on 70st Importance: High Mr. Williams: At the intersection of SW 70th Street and SW 59th Place on the southwest corner, there was a hole with utility wires in it most likely connecting to the mast arm foundation of the adjacent traffic light (please see the attached photos). Our office contacted the Miami -Dade Public Works Department Division of Traffic and Signals to repair the problem about 7 weeks ago, however no -one responded. In the meanwhile the hole was filled in to prevent pedestrians from injuring themselves (please see the attached photo). At this point we are requesting your immediate attention and assistance to rectify the problem. Please let me know approximately when the repair will be addressed and at least 48 hours before a crew goes out there to repair the problem. Should you have any questions, please e-mail me. Thanks, Greg Netto, P.E. Engineering & Construction Operations Manager City of South Miami Public Works Department 4795 SW 75th Avenue Miami, Florida 33155 Tel: 305.663.6350 Fax 305.668.7208 Email anetto@citkofsouthmiami.net From: De la Torre, Rudy Sent: Monday, October 09, 2006 10:01 AM To: Netto, Gregory Subject: Pull box on 70st Rudy de la Torre Maintenance Services Operations Manager South Miami Public Works 4795 SW 75th Avenue, Miami, FL 33155 10/10/2006 Office: 305 663 6350 - Fax: 305 668 7208 10/10/2006 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING YVONNE BECKMAN TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING OCTOBER 16, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to appoint Yvonne Beckman to serve for an unexpired term on the Planning Board. The appointment shall expire October 16, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Yvonne Beckman to the Planning Board. Section 2. The expiration date of this appointment shall be October 16, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 17th DAY OF OCTOBER 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Dyive Phone No. 3`05-663-6340 South Miami, FL 33143 Fax No. 305-663-6348 1. Name: (Please nrint) Business Phone No. Fax No. 7. Community S§Mcq: /17W IA"441c—, 8. Are you a registered voter? Yes VIS No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic African American Hispanic American Other 12. 1 am interested in serving on the following board(s)/committee(s): P AA -4 First choick Second choice Third choice, - Fourth ic! / "") 1A Signature Date _Xpplicant7� THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised Q 7'E ECEIV Y 1 06 V 6D I MAY 15 200 CITY CLERK'S OFFirri 2. Rome Address: 3. Business Address: 4. Home Phone No. 5. E-mail Address: 6. Education/Degree Earned: Work Experience: Field Expertise: tj (Please nrint) Business Phone No. Fax No. 7. Community S§Mcq: /17W IA"441c—, 8. Are you a registered voter? Yes VIS No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic African American Hispanic American Other 12. 1 am interested in serving on the following board(s)/committee(s): P AA -4 First choick Second choice Third choice, - Fourth ic! / "") 1A Signature Date _Xpplicant7� THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised Q 7'E ECEIV Y 1 06 V 6D I MAY 15 200 CITY CLERK'S OFFirri 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MICHAEL LaMONICA TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TWO -YEAR TERM ENDING OCTOBER 16, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, The City Commission desires to appoint Michael LaMonica to serve for a two -.year term on the Historic Preservation Board. Appointment shall expire October 16, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Michael LaMonica to the Historic Preservation Board. Section 2. The expiration date of this appointment shall be October 16, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 17th DAY OF OCTOBER, 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Jr' OCT -09 -06 02:05PM FROM -Bober Silverstein RECEIVED OCT d 9 2006 CITY CLERK'S OFFICE 305 854 7686 T -313 P -001 /002 F -569 .4,oulh bt�>v�� ]�It roams CITY OF SOUTH MIAMI BOARD/COMMI7TEE APP'LICATIOM Phone_ No. 305 -663 -6340 6130 Sunset Drive Fax r. o. 305- 663 -6348 South Miami, FL 33143 , _ALe onic�r 1. Name: MCA print') 2. Home Address: 3. Business Address, 4. Home Phone No. ^ - $usiness Phone No. 5. E -mail Address: 6. Education Background- 4 Gam' ' ✓r ✓S i Gb�i z• i � w� 7. S. 9. 10. Com unity 5 i� %e: j �t' lk "e' pbhrr'S ' / J— Ire v 'fir L' Are you a registered voter? Yes _;— No Yes No Are you a resident -, t of the City. , Yes Do you have a buisiness in the City? N!� No 11. Ethnic Origin? White Non - Hispanic A African American Hispanic Americ :�n� Other 12. I am interested in serving on the following boards) /committee(s): FOww / Date , Signature _app icaut THIS APPLICATION WILL It)EMA.IN ON FLLE FOR ONE YEAR Revised 8 /02 W, Michael LaMonica South Miami, FL 33143 JAN 1995- PRESENT - V.P. Director of Business Development - Beber Silverstein & Partners Advertising 1995- Present (Concurrently) Owner LaMonica Productions Inc. - Photograph National & Worldwide Advertising Campaigns. www.lamonicaproductions.com. Also www.mikeskids.com. 1992- 1994 Creative Director -Beber Silverstein 1987 -1992- Bozell, New York. Second youngest Vice President in Bozell- history._ Head writer Chrysler, Merrill Lynch, Partnership for a Drug Free America. 1987 -1989- TBWA /Chiat Day, New York. Abso l ut Vodka, Chock Full O' Nuts Coffee, Partnership for a Drug Free America. 1983- 1987 — Ogilvy & Mather, New York. International Blue chip clients too numerous to list. University of Connecticut, B.A. English. Full scholarship (swimming). Other: Profiled in New York Times twice. On cover of ADWEEK twice. Appearances on CBS and NBC. Top shelf presenter. One of 7 graduates to receive scholar - athlete award. .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING ANA NATALI TO SERVE ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING OCTOBER 16, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to appoint Ana Natali to serve for a two year term on the Commission for Women. This appointment(s) shall expire October 16, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Ana Natali to the Commission for Women. Section 2. The expiration date of this appointment(s) shall be October 16, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 17th DAY OF OCTOBER, 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: PA01 09/28/2006 11:20 FAX 121001 co as , 4budge0f: Ca 'C� G Gl CITY OF SOU TH MIAMI BOARD /COMMIT7BE APPLICATIOM 6130 Sunset Drive Phone No. 3OS- 663 -6340 South 1Vliame, FL `33143 Pax No. 305- 663 -6348 1. Name: �Z`L Yl Gk-- . V U(-- tti• V 1 (Please arint) 2. Home Address: 3, Business Address: 4. Hoare Phone No. _ Business Phone No. - — vix Noy S. )E-mail Address: 6. 7. S. Are you a registered voter? Yee V No � 9. Are you a resident of the City? Yes No 10. Do you have a bus;ness in the City? Yes No V/ 11. Ethnic Origin? , / -His aide African American! HispanJCAlnerican V Other White Non p 12. 1 am interested in serving on the following boards) /committee(s): �/'h �`as is � �•� �� -A kle Comm, Signature Date Applicant THIS �pPLICATION WILL REMAIN ON FILE FOR ONE YEAR ��iaoa sroa a:. 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 South Miami Ashy CITY OF SOUTH MIAMI ' 1 1®' OFFICE OF THE CITY MANAGER" INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager 1�� "7 Date: October 17, 2006 Agenda Item: Subject: FY 05 -06 Inventory Services Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $8,200.00 FOR THE FEES ASSOCIATED WITH A PHYSICAL INVENTORY OF THE CITY'S CAPITAL ASSETS, AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001 - 1320 -513 -3450 TITLED "CONTRACTUAL SERVICES ACCOUNT"; AND PROVIDING FOR AN EFFECTIVE DATE. Reason /Need: The attached resolution is requesting your authorization to contract American Appraisal Associates, Inc. to conduct a physical inventory of the City's capital assets. Background: In June 1999, the Governmental Accounting Standards Board issued statement 34, establishing new financial reporting standards for state, and local governments. The Governments are required to report capital assets with consideration of depreciation, including land, land improvements, infrastructure, buildings, moveable equipment, works of art and historical treasures. Pursuant to Resolution #153 -03- 11703 authorization was given to the City Manager to enter into a contract with American Appraisal Associates, Inc., to perform a valuation of City properties and preparing an appraisal valuation report. That was the last time (2003) the City had a physical inventory of its assets done. Included in the Comprehensive Annual Financial Report for fiscal year ended September 30, 2005, there is a recommendation where the City's external auditor recommends for the City to perform a physical inventory of capital assets. This will help improve the tracking of assets for disposal and impairment purposes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Approval of this firm to conduct the physical 30, 2006 will bring us in compliance with statement 34. Cost/Amount: $8,200 inventory for fiscal year ending September Governmental Accounting Standard Board Funding Source: Fiscal Year 2006 -07 budget Backup Documentation: Copies of the following documents: Resolution # 153 03 11703 American Appraisal Associates, Inc. quote (includes proposed fee of $7,600 physical inventory & $600 Electronic Data File) Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $8,200.00 FOR THE FEES ASSOCIATED WITH A PHYSICAL INVENTORY OF THE CITY'S CAPITAL ASSETS, AND CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001- 1320 -513 -3450 TITLED "CONTRACTUAL SERVICES ACCOUNT "; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the Comprehensive Annual Financial Report for Fiscal Year Ended 2005 there is a recommendation from the City's external auditor for the City to perform a physical inventory of capital assets to improve the tracking of assets for disposal and impairment purposes; and WHEREAS, as part of Governmental Accounting Standards Board statement 34, the Governments are required to report capital assets with consideration of depreciation, including land, land improvements, infrastructure, buildings, moveable equipment, works of art and historical treasures; and WHEREAS, in accordance with city's competitive bidding procedures, the City Administration is recommending that American Appraisal Associates be awarded a contract to provide inventory services for the City in accordance to GASB 34; and WHEREAS, American Appraisal Associates holds the City of Miami Springs bid and several other local municipalities within Miami Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to sign an agreement and disburse an amount not to exceed 8,200.00 to American Appraisal Associates Inc. to include services and software. Section 2. The cost should be charged to Central Services Account 001- 1320- 513 -3450 (Contractual Services Account), with a current balance of $9,500. 1 2 3 4 5 Section 3. This resolution shall take effect immediately upon approval. 6 7 8 PASSED AND ADOPTED this 17th day of October 2006. 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 16 Mayor Feliu: 17 Vice Mayor Wiscombe: 18 Commissioner Palmer: 19 CITY ATTORNEY Commissioner Beckman: 20 Commissioner Birts: 21 RESOLUTION NO. 153 -03 -11703 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO COMPLIANCE WITH GASB 34, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $22,500.00 FOR THE FEES ASSOCIATED WITH PERFORMING VALUATION OF CITY PROPERTIES AND PREPARING APPRAISAL VALUATION REPORT; AND ACQUISITION OF ASSET MANAGEMENT SOFTWARE; CHARGING AN AMOUNT NOT EXCEEDING $17,500.00 TO ACCOUNT NUMBER 001 -2100- 519 -3450, TITLED NON DEPARTMENT CONTRACTUAL ACCOUNT AND $5,000.00 TO ACCOUNT NUMBER 001 -0000- 219.5300, TITLED ESCROW COMPUTER NETWORK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in June 1999, the Governmental Accounting Standards Board issued Statement Number 34, establishing new financial reporting standards for state and local governments including states, counties, cities and villages; and WHEREAS, as part of the new statement the City is required to report its infrastructures, land, land improvements, buildings, moveable equipment, works of art at historical cost, net of accumulated depreciation; and -WHEREAS, the implementation of the new statement by local governments is required to be done in phases based on the size of revenues and different deadlines; and WHEREAS, the City of South Miami falls in Phase 2 with a deadline of September 30, 2003 to begin reporting its Comprehensive Annual Financial Statements (CAFR) in accordance with the provisions of the new statement; and - WHEREAS, in accordance with city's competitive bidding procedures, the City Administration is recommending that American Appraisal Associates be awarded a contract to provide appraisal services for the City in accordance with the requirements of GASB 34; and WHEREAS, American Appraisal Associates holds the City of North Lauderdale bid and several other local municipalities within Miami Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager sign an agreement and disburse an to American Appraisal Associates acquisition of.so €tware. be, and hereby is authorized to amount not exceeding $22,500..00 Inc. for-appraisal services and I Pg. 2 of Res. No. 153 -03 -11703 0 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16th day of September 2003. ATTES APPROVED: a.� CITY CLERK YO . READ AND APPROVED AS TO FORM: CONwSSION VO E: 5 -0 Mayor Feliu• yea Vice Mayor Russell: Yea i- Ile�/L Commissioner Wiscombe -Yea CITY ATTORNEY Commissioner Bethel: .Yea Commissioner McCrea: Yea ��s`c3 3 5R - l�Kselc.�� -tows r r. =:r .. �,,, F�er�c�^rvi.m..m'.=m�:s�m -s,;:r , �T ".�:wa.�'�" �ire:�:".�.- Utift $fates tntematio" ;3c' f �;> § acxrn S hl lolte3 New Y'Irk ChvKl `- P se,eY4ai QfP grata Phi dell -na American Appraisal 11ssociiates@ F c! ,,f Spain Detroit r'!! Detroit Fran San � r� „ws ,o 8833 Westmoreland Cake [rive x•i,t' ,:r3 Cornelius, North Carolina 28031 i.Vt w Sll-f to ` Telephone (704) 439-2515 Fax (704) 439 -0384 www.american- appraisal.com American Appraisal's 110`h Year August 10, 2006 (revised to include an insurance option) (Revised September 11, 2006) Ms Kathy L. Vazquez Purchasing Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 -5093 Dear Ms. Vazquez: American Appraisal Associates, Inc. ( "American Appraisal ") is pleased to provide our proposal for professional valuation services to the City of South Miami (the "City "). This proposal is based on information provided by the City, out previous experience working with the City, and our vast experience with similar engagements for other municipalities. We believe that our expertise will be of benefit to you in your present and future management of the City's capital assets. PURPOSE It is American Appraisal's understanding that the City requires an updated property record of buildings /building improvements, moveable equipment, land, land improvements and infrastructure that reflects all additions, disposals, and transfers since the, performance of the last physical inventory that was performed by American Appraisal in 2005. American Appraisal will provide an updated capital asset record to assist the City's need to: (a) achieve property accountability and stewardship of assets, (b) obtain a valuation of assets in compliance with the requirements of GAAP, GASB 34, and GAAFR, and (c) provide data whereby the City can monitor assets. The City also requires updated insurable values to report to the Florida League of Cities. We have included a separate explanation and fee for this option for your review. QUALIFICATIONS American Appraisal, founded in 1896, is the world's largest valuation consulting firm with one of the largest dedicated full-time professional staff dedicated to serving the Public Services community within the valuation industry. Valuation consulting is our only business. Neither American Appraisal, nor any of its subsidiaries, performs accounting or bookkeeping related services. It is our commitment to maintain total independence and _ protect our Clients from any concerns of a "conflict of interest" with their auditors. We value your business.® American Appraisal Associates Upon completion of the project you will be asked for your opinion on the services provided because quality service is, and will continue to be, the primary focus of American Appraisal Associates. We regard our clients as the best judges of quality service. During our fiscal year ended March 31, 2005, our Property Appraisal Services Group achieved a 97% quality rating. In support of our commitment to the public sector we have committed significant staff resources in- house to service our clients, in the establishment of industry -wide standards, and in educational forums including presentations, publications, and continuing education seminars. PROJECT TEAM ENGAGEMENT TEAM Professionals assigned to this project will involve several levels of management: executive review, project manager, contract manager, and the appraisal staff: The project staff will include: Executive Review: Contract Manager: Project Manager: Gary Soucek Managing Principal Lori Flemming Director Craig Wilderspin Senior Valuation Consultant The above professional staff members will have overall responsibility and are key personnel to the successful completion of the assignment. Specific appraisal staff assignments may vary depending upon current availability at the time of the authorization to proceed with this project. TECHNICAL APPROACH I. ENGAGEMENT SCOPE FOR PROPERTY RECORDS VERIFICATION SERVICE: The engagement will include a complete physical inventory and bar code tagging of the City's moveable equipment consistent with the City's $500 capitalization threshold for financial reporting purposes. We understand that the moveable equipment assets to be inventoried and bar code tagged are located at the same locations inventoried in 2005. The following data will be recorded /verified /updated for each asset, as' applicable: ■ Asset location (site, building, floor, room) ■ Department ■ Asset Number ■ Account (land, land improvements, buildings, equipment) • Classification Code (data processing equipment, food service equipment, etc.) ■ Description City of South Miami 2 September 11, 2006 2505 -06 -034 American Appraisal Associates • Manufacturer • Model • Serial Number (when readily available) Land, Land Improvements, and Buildings /Building Improveiment accounts will be updated based on capital activity provided by the City of South Miami. The following types of equipment will be excluded from American Appraisal's physical inventory and bar code tagging procedures but will be included in American Appraisal's appraisal report if the City provides us with data regarding their existence and historical cost, prior to the completion of the field investigation: • Licensed Vehicles • Mobile Grounds Equipment • Telephone Systems • Communication Equipment • Laptop Computers • Computer Network Wiring and Equipment The following types of equipment will be excluded from American Appraisal's physical inventory and bar code tagging procedures because of accounting, impairment, or ownership issues: • Leased equipment under operating leases • Equipment not -in- service or pending disposal • Personal property of employees or others The City is responsible for identifying these assets upon the commencement of American Appraisal's fieldwork. It should be noted that the purpose of the engagement is to facilitate financial reporting, not to test property control procedures. American Appraisal will not be °responsible for moveable equipment not physically present or observed during American Appraisal's on -site field inspections. Infrastructure American Appraisal will value the City's infrastructure constructed since FY 2003, as identified to us. American Appraisal will require data from the City which may include maps, CADs, and GIS system data as well as any actual costs associated with the completed projects. " American Appraisal will assign dates of construction, depreciable lives and original cost estimates, as applicable, consistent with the methodology promulgated in Statement 34. American Appraisal will exclude interest costs, cost overruns charged by contractors, and premiums paid for services performed, unless evidence of such historical cost is provided by the -City. City of South Miami 3 September 11, 2006 2505 -06 -034 American Appraisal Associates Appraisal Methodology and Definitions The appraisal will represent the determination of moveable equipment .additions' original cost, useful life, year of acquisition, and the calculation of accumulated depreciation and current year depreciation. The determination of historical cost of the moveable equipment additions will be based on generally accepted appraisal methodologies including direct cost and normal cost approaches. Direct Costing - Inventoried assets will match a historical cost record and will be recorded at that amount, if possible. Normal Costing - When direct costing cannot be employed to apply historical cost, the cost is estimated based on a current Cost of Reproduction New indexed by a reciprocal factor of the price increase from the estimated' date acquired to the appraisal date. GAAP states "... it may be impossible or time- consuming to reconstruct the actual cost of the property. GAAP states "... fixed assets should be accounted for at cost or, if the cost is not practicably determinable at estimated cost..." (Section 2.12 of HB-1 MILLER Governmental GAAP Guide 1999. ) Historical Cost - The actual cost of a property to the present owner - the cost as of the date the property was first constructed or originally installed. When historical cost is provided in a usable format, it will be included. When this information is not readily available, American Appraisal will estimate the original cost by applying reverse inflation indices to the cost of reproduction new. Original Cost - The estimated original cost of the property in accordance with costs as of the actual or estimated date the property was first constructed, originally installed, or purchased. Depreciation will be calculated for assets in accordance with the City's financial capitalization threshold of $500, unless otherwise confirmed with American - Appraisal staff, in writing, depreciation will be based on the straight -line method of depreciation and the utilization of the half - year convention. Under the half -year convention, a half -year of depreciation is recognized in the year of addition and in the year of retirement of the asset. DELIVERABLES A. Report - American Appraisal will provide the Client with a Summary Appraisal Report, in accordance with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ( "USPAP "). The report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop, American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as a part of the work papers. American Appraisal is not responsible for unauthorized use of its report. B. Capital Assets Report (Accounting Subledger) The Capital Assets Report will include all capital assets in accordance with the Client's financial capitalization threshold of $500, and the City of South Miami 4 . September 11, 2006 2505 -06 -034 American Appraisal Associates related historical cost /estimated original cost, accumulated depreciation, and current depreciation data for financial reporting purposes. This information will be sorted and reported upon by account. C. Property Control Report - The Property Control Report will include all capital assets in accordance with the City's property management and control threshold of $500. This information will be sorted and reported upon by location. D. Unrecorded Additions Report - The Unrecorded Additions Report will include moveable equipment assets inventoried and bar code tagged during field work, but not contained in the (City)'s existing records. American Appraisal assumes these items represent moveable equipment assets that were purchased since the last physical inventory. E. Unrecorded Retirements Report - The Unrecorded Retirements Report will include moveable equipment assets contained in the City's existing records, but not found during the fieldwork. American Appraisal assumes these items represent moveable equipment assets that were retired since the last physical inventory. However, it should be noted that the items in the Unrecorded Retirements Report could also be included in the Unrecorded Additions Report if their bar code tag has been removed since the last physical inventory. It should be noted that the scope of American Appraisal's engagement does not include any reconciliation procedures. At the option of the City, we will provide the results of the study in an electronic data file (Excel) at the cost shown in the Fee section of this proposal. II. ENGAGEMENT SCOPE FOR INSURABLE VALUES SERVICE: The following section describes the methodology and approach to providing insurable values for City owned property. INCLUSIONS The assets to be included will comprise the buildings /structures, contents on a modeling basis, and insurable land improvements, as listed in the Schedule of Properties provided to us (attached and marked Exhibit B). The above - described quantities are subject to revision based on input from the City and can be modified with a corresponding adjustment in fees. We will work with City staff to identify locations that should be deleted or added to the scope of work before initiating our field investigation. Insurance Exclusions Specific items of property excluded from coverage, per the terms of the City's current insurance policy, will be excluded from the building valuation. In order to- accurately recognize insurance exclusions, a copy of the policy section specifying the components excluded must be provided to American Appraisal Associates prior to the commencement of fieldwork. If a copy of the appropriate section(s) is not provided, property exclusions will not be considered in the valuation process. City of South Miami 5 September 11, 2006 2505 -06 -034 American Appraisal Associates METHODOLOGY- Buildings /Structures /Contents /Insurable Land Improvements A. The professional services we shall perform will commence with a preliminary meeting with City staff and our project manager for the purpose of • Reviewing the procedures and methods we will follow. • Identifying the specific nature of property coverage including possible variances from standard policy requirements, such as functional replacement or agreed amount endorsements. • Establishing a mutually agreeable work schedule that will not interrupt operations. • Developing procedures for admission to the facilities and discussing any restrictions. • Arranging for workspace and identification badges, if needed. • Gathering any information relevant to the work such, as blueprints and drawings. • Discussing our standard report format to see if minor changes should be made to accommodate any internal requirements I the City may have. • City participation will be minimal and generally limited to providing access to locked areas, supplying building plans and assistance in locating property in remote or unmarked areas. B. Following this meeting, our Project Manager and assigned staff will perform the field work phase of the engagement, which will include: • An inspection and inventory of the pertinent data such,as size, type of construction, configurations and classification of buildings, building fixtures, building services, interior and exterior finish, roof type • Confirmation of addresses and zip codes for each location • An independent gathering of local prices for labor `and materials applicable to the properties • Site plan for each location will be provided • An inspection and valuation of property in the open'(land improvements) will be made, to include improved parking lots, signage, antennas, radio towers, outdoor lighting, fencing, etc. • Digital color photograph of each structure. City of South Miami 6 September 11, 2006 2505 -06 -034 American Appraisal Associates CONTENTS — MODELING APPROACH Following completion of the physical inspection of buildings, American Appraisal will use its internally developed, proprietary database to estimate the insurable value of the contents of each included building. Replacement costs for each building's contents are based on "the-usage of each building, (i.e. administration buildings, municipal facilities, maintenance or general use buildings). We use a unique database that contains contents data from thousands of municipal buildings appraised by American Appraisal's Property Appraisal Services Group. This system categorizes buildings by like type (those listed above) and develops an average contents value per- square -foot of building area. This unique approach generates a replacement cost estimate for a given building's contents (based on building type and size) without requiring the lengthier and more costly physical inventory inspection process. Using statistical analysis, the database has building content models for all standard public buildings. Further, it has the ability to alter the models, when necessary, to account for above or below average contents values, based on observation by our staff during the inspection process. Specific items of property excluded from coverage, per the terms of City's current insurance policy, will be excluded from the building valuation. In order to accurately recognize insurance exclusions, a copy of the policy section specifying the components excluded . must be provided to American Appraisal Associates prior to the commencement of fieldwork. If a copy of the appropriate section(s) is not provided, property exclusions will not be considered in the valuation process. PREMISE OF VALUE A. Based upon the data gathered, our appraisers will perform a pricing phase in order to determine our opinion of: Cost of Reproduction New (CRN), defined as the amount required to reproduce a duplicate or a replica of the entire property at one time in like kind and materials in accordance with current market prices for materials, labor and manufactured equipment, contractors' overhead and profit, and fees, but without provision for overtime, bonuses for labor, or premiums for material or equipment. Cost of Reproduction New is synonymous to the insurance industry term "Replacement Cost ". B. The appraisal will not consider the replacement of the property to conform with local building codes, ordinances, or other legal restrictions; nor will it consider the cost of demolition in connection with reconstruction or the removal of destroyed property. C. It should be noted that the pricing phase of the engagement is critical to the accuracy of our opinion. Sources of information, which we use in this phase, include: Manufacturers' price lists, catalogs, and quotes Distributor and supply company catalogs Industry publications, directories, and trade journals City of South Miami September 11, 2006 2505 -06-034 American Appraisal Associates • Consulting, cost engineering, cost estimating manuals, and handbooks • Technical and pricing subscription services and pricing guides • Contract documents /invoices you may supply • Technical service organizations and industry experts D. Our appraisers who perform the on -site fieldwork complete the pricing phase themselves, utilizing their own notes from the field and the other sources mentioned above. This then is reviewed by managers in the firm as part of our extensive Quality - Review Program. We believe that our clients are the ultimate beneficiaries of this attention to detail. REPORT A. After completion of our fieldwork and pricing, we will furnish our report to you in duplicate. We plan to use our proprietary software to generate your reports. The' report will include: We will provide reports on 8 1/2" x 11" laser printed -paper and in PDF form on CD -ROM Photographs Contents Valuation - Modeling B. We are interested in your complete satisfaction, and therefore, after you receive our reports, we will contact you to discuss any questions or comments you may have. C. We will provide a Summary Appraisal Report, intended to comply with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ( "USPAP ") for a Summary Appraisal Report. As such, the report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as a part of our work papers. The depth of discussion contained in -the report will be specific to your needs as the client and for the intended use stated below. As an insurance appraisal, it is appropriate to only use the cost approach in our appraisal. American Appraisal is not responsible for unauthorized use of its report. You confirm that the purpose, your intended use, of the report will be for insurance placement purposes. TIMING American Appraisal will issue a final report within sixty (60) days of its completion of fieldwork. This estimate is based upon American Appraisal's assumption that.t will not experience any change in scope to this agreement, and that the City will not cause -American Appraisal to be delayed following the completion of fieldwork. City of South Miami 8 September 11, 2006 2505 -06 -034 American Appraisal Associates FEE TERMS AND CONDITIONS A. Fee - American Appraisal's fee takes into consideration, the scope of the project, the technical expertise required by American. Appraisal's staff and the,, time required to complete the assignment. Based on American Appraisal's understanding of the project, the fee options for this project, including expenses, will be: Option I. Property Records Verification Study $7,600.00 (updated property record of buildings /building improvements, moveable equipment, land, land improvements and infrastructure.) Option II. Insurable Values Study $4,750.00 (buildings, contents, land improvements) Electronic Data File $, 600.00 Fees include professional time for planning and executing the work through, and including, American Appraisal's final report. Expenses include those costs for such items as office and report processing, travel, living, computer charges, postage, and copying, which are directly incurred by American Appraisal's staff while executing the work: Should you require additional bar code tags, American Appraisal recommends plastic bar coded asset tags from ParCode Symbology. The tags will be plastic (polyester) labels, Code 39, and the approximate size will be 1" x 2" with a minimum order of 3,000 at $.08 per tag. The ParCode Symbology tag order form is included as Attachment A. B. Change in Scope /Additional Square Footage - American Appraisal's fee is based upon the understanding that the City's assets are located in 13 buildings, at approximately 56,072 gross square feet, which is the primary basis of the estimate for project fees. If the actual square footage area varies from the reported area, American Appraisal will notify the City immediately upon discovery. Upon written authorization from the City to continue its appraisal of the additional square footage, American Appraisal will continue. with its appraisal at a rate agreed to by both parties in writing. If you or your representatives or advisors request material, assistance from us beyond that outlined herein and subsequent to the issuance of our final report, we will provide you with an estimate of the fees related to that assistance and secure your w_ ritten authorization to proceed prior to initiating any services. C. Statement of Independence - American Appraisal's fee is based upon its estimate of professional time to complete the work according to American Appraisal's understanding of Client's requirements and in no way is contingent upon the outcome of its conclusions of value. D. Invoicing Schedule - American Appraisal will invoice City for professional services rendered, including expenses. Invoices are payable by City upon receipt and will be issued as the engagement progresses as follows: • 30% - Upon commencement of field investigation City of South Miami 9 September 11, 2006 2505 -06 -034 American Appraisal Associates • Balance - Progress billing as time and expense) is incurred For your convenience, we are providing our remittance address and wire transfer instructions: Remittance Address American Appraisal Associates, Inc. Bin 391 Milwaukee, WI 53288 -0391 Wire Transfer Instructions Bank Name /Address: Routing Number: For the Credit to the Account of: M &I Bank 770 North Water Street Milwaukee, WI 53202 075000051 American Appraisal Associates, Inc. Account Number - 0024274888 E. Unpaid Invoices - We reserve the right to withhold delivery of.;preliminary conclusions or final report(s) if, when either of these are ready for delivery, any previously issued invoice remains unpaid. Further, we reserve the right to issue the final invoice if preliminary conclusions or a draft report have been outstanding for more than 30 days. F. Complete Agreement - This Agreement, and any attachments or documents incorporated herein, constitute the complete and total agreement between the two parties, and shall supersede any preexisting or contemporaneously drafted agreements for services. In the event that you issue a purchase order to us covering this engagement it is agreed that such purchase order is issued for purposes of authorization and your internal use only, and none of its terms and conditions shall modify the terms and conditions of this letter and /or related documentation, or affect either party's responsibility to the other party as defined, in this letter. Should American Appraisal incur additional costs as a result of the (Client)'s failure to pay invoices in accordance with the terms stated herein, the (Client) will be responsible for all costs (including, but not limited to attorney's and collection agency's fees) associated with the collection of any and all unpaid amounts to which American Appraisal is legally entitled. Further, American Appraisal reserves the right to charge interest for the (Client)'s failure to pay on a timely basis. ENVIRONMENTAL POLICY American Appraisal will make no investigation of, nor assume any responsibility for, the existence or impact of any hazardous substance, which may or may not be. present on the property, in the development of American Appraisal's conclusion. If in the course of American Appraisal's investigation, it is informed of or observe any hazardous substance .,problems with the property, American Appraisal will note it in its report. GENERAL SERVICE CONDITIONS Agreement — The Contract governing this engagement including these General Service Conditions represents the entire agreement between American Appraisal and-the Client. It supersedes any prior City of South Miami 10 September 11, 2006 2505 -06 -034 American Appraisal Associates oral or written agreement and may not be altered except by the; mutual written agreement of all parties thereto. Assignment — Neither party may assign, transfer, or delegate any of the rights or obligations hereunder without the prior written consent of the other party; unless such assignment is based upon the lawful transfer to a successor in interest of all or substantially all of the party's assets or business interests. Client of Record — Only the signed Client(s) of. Record may rely on the results of American Appraisal's work. No third party shall have the reliance or contractual rights of American Appraisal's Client(s) of Record without American Appraisal's prior written consent. No party should rely on the results of .American Appraisal's work as a substitute for its own due diligence. Communication — Electronic media including voice -mail, e-mail, and faxes are acceptable vehicles to communicate all materials unless such communication forms are expressly prohibited in the Contract. Client shall not assume or deem the Client Service Team assigned by American Appraisal to any work contemplated by the Contract to have knowledge of information provided to others not part of that team. Contingent Fees — American Appraisal's compensation is not contingent in any way upon its opinions or conclusions or upon any subsequent event directly related to those opinions or conclusions. Client shall pay American Appraisal's invoices in accordance with their stated terms. Confidentiality — American Appraisal will maintain the confidentlaiity of the Client's confidential information with the same degree of care that American Appraisal uses to keep its own materials confidential and shall not disclose it to anyone or use it for any purpose whatsoever other than Client's engagement, provided that in the event that American Appraisal is legally compelled to disclose such information, American Appraisal shall provide Client with prompt written notice so that Client may seek a protective remedy, if available. American Appraisal shall have the right to provide access to work files as required to comply with any quality or compliance audits administered by any necessary accreditation or standards organizationg'with which its employees are associated. Any such access shall continue to be subject to the same confidence by both American Appraisal and the applicable organization. Information shall not be treated as confidential if: (i) it is now or later available to the public, (ii) at the time of disclosure to American Appraisal, the information was already in its possession, or (iii) the information was obtained from a third party under no obligation of confidentiality to Client. Unless mandated by applicable laws or governmental regulations, Client shall not disclose any part of American Appraisal's work product, its confidential materials, or its role in the engagement to anyone not stipulated in the Contract, without the prior written consent of American Appraisal. American Appraisal shall have the right to include Client's name in American Appraisal's client list. Force Majeure — Neither the Client nor American Appraisal shall be liable for delays or for failures to perform according to the terms of the Contract due to circumstances that are beyond their individual control. Governing Law, jurisdiction and Venue — This Contract shall be governed by the law of the State of Wisconsin within the jurisdiction of any state or federal ,.court located in Milwaukee, Wisconsin, having subject matter jurisdiction. City of South Miami 11 September 11, 2006 2505 -06 -034 Ar»erican Appraisal Associates Indemnification — Client shall indemnify and hold, harmless American Appraisal against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, to which American Appraisal may become subject in connection with this engagement, except to the extent finally judicially determined to have resulted from the negligence or intentional misconduct of American Appraisal. Client's obligation for indemnification and reimbursement shall extend to any controlling person of American Appraisal including any director, officer, employee, subcontractor, affiliate, or agent. American Appraisal's liability to Client shall in no event exceed the fees it receives as a result of the engagement, except to.the extent determined to have resulted from the negligence or intentional misconduct of American Appraisal. American Appraisal shall indemnify and hold harmless Client agar nst.and from any and all losses, claims, or expenses for bodily injury or property damage, in proportionate part to that which is caused by American Appraisal personnel or representatives during the performance of the engagement, except to the extent of Client's negligence. While on Client's premises, the personnel assigned by American Appraisal to any work contemplated by the Contract shall comply with all posted safety instructions or safety procedures requested by Client..,. Independent Contractor — American Appraisal and Client shall be independent contractors with respect to each other. American Appraisal reserves the right to use subcontractors in executing the engagement. American Appraisal is an equal opportunity employer. Limits on the Use of the Work — American Appraisal's report may be used only for the specific use or uses stated in the Contract, and any other use is invalid. Reliance on Information Provided by Client — American Appraisal is entitled to rely without independent verification on the accuracy and completeness of all of the information provided by Client or its advisors. Retention — Unless stipulated to the contrary in the Contract or''in` a related written agreement, American Appraisal will retain as its property all files, documents, work papers, and other results, developed during the course of the engagement. Such materials will be retained for a period of at least seven years. During this retention period, Client shall have access to these documents to assist it in completing the specific use or uses stated in the Contract, subject only to reasonable notification. Scope of the Work — American Appraisal shall be obligated only for services specified in the Contract, and only for changes to the scope of those services that are set forth in any subsequent written agreement. As a result, the scope of the work does not include unrelated services or the responsibility to update any of the work after its completion. Further, American Appraisal reserves the right to decline to perform any additional services, if American .Appraisal believes such services would create an actual or perceived conflict of interests, or would be illegal or in violation of applicable regulations or professional standards. Standards of Performance — American Appraisal shall perform the engagement in accordance with applicable professional standards. However, professional services usually involve judgments made in an uncertain environment and based on an analysis of data that may be unverified or subject to change over time. Client and other parties to whom Client provides access to the results of City of South Miami 12 September 11, 2006 2505 -06 -034 American Appraisal Associates American Appraisal's work shall evaluate the performance of American Appraisal based on the specifications of the Contract as well as on the applicable professional standards. Testimony — American Appraisal's services do not include giving testimony or participating in or attending court or any other legal or regulatory hearing or inquiry unless provided for in the Contract or in a subsequent written agreement. City of South Miami September 11, 2006 2505 -06 -034 American Appraisal Associates AUTHORIZATION This Agreement is provided in duplicate; if it correctly reflects the City's understanding of American Appraisal's agreement, please confirm such by signing and returning one copy. Client hereby affirms that its stated purpose is to use the report created by American Appraisal for financial reporting and property control purposes only. Please note, we will be unable to deliver any conclusions, verbal or written, until we are in receipt of this acknowledgment. To avoid any delays, please fax the signed Agreement in its entirety, to Ms. Shicann Phillips at 404 - 264 -9069. Thereafter, please forward the original to her at: American Appraisal Associates, Inc., 2839 Paces Ferry Road SE, Suite 400, Atlanta, GA 30339 If you have any additional questions or concerns, please do not hesitate to contact me at 704 -439- 2515 or via e -mail at lemming@american-appraisal.com. We look forward to working with a valued client once again. Lori Flemming Director LCF /sp Client of Record: City of South Miami Signature: Name (typed /printed): Title: Date: E -Mail: Primary Service Updated property record of buildings /building improvements, moveable equipment, land, land improvements and infrastructure at a $500 threshold Insurable Values Study (buildings, contents, land improvements) Electronic Data File City of South Miami 14 September 11, 2006 2505 -06 -034 American Appraisal Associates ATTACHMENT A TAG ORDER FORM 1275 Bloomfield Avenue #3-54 Faifeld, NJ 07004 Phone: 8000- 524 -0599, ext. 31, Fax 973 - 575 -4718 pA8 CODE SYMBOLOGY INC email: krys @parcode.com ��{7y�''�. . ":z°.'t,�Ss- �'• ";{ }... fvr {a>- ,)�':);��<'•4. ^ p' "Z•�y;�;: z�. , .-�'i•�, I. '<`l' Y.':�'.'>�'a�7+h:Y. '' ',t k ':? BAR LI iR f M 3'•- °,y zrt,,.:.:"x; f )', s!+,. -'.6 F+ .::� . 3 ✓i'..- }} x• '�.,��;'S,,'�;1'• F'2i f `- Y. .yam `A "✓':%J'. .,.Y. L- <M .x.tltaer7k ><:... ":- KJi'' 1,° Y?s .•, ?Ji<7+�ti^`>.:�a•:*'t?: >!'. To place an order, email to Krystyna Olsiewicz at krys@parcode.coin or fax to 973 -575 -4718. ......... ...........: Date: Client PO #: f . ......... ... ... ..... .................. . ........... ................. . ........._ .......... ..........t Ordered by: American !Dept #I: _ Phone: Appraisal Use !Contract # #: 3._......._.... ... .. ... ....... ..... . ............. .... ......... ... ..... ............_......_........_; Client Name: �, ., x;F. -� . �.,U�' tr , >w�,-,� .`fi is v re � �i1.�4 a`rv.. �+3's S' •m; gas � a c,, ....' *:�' : {.', 41•' .:'.'N'.A r� "u;,. "� .�..`'?+. ��t:ir.. .nSPE;CIFI{"�..A' s �. ��G(u "•..s„`^'.�`��, �:�....,Y' L''��'.�, fi {��,�.'',5:.; �r` :�> Wording to appear on tag: Line one: Line two: Number of Tags: Starting #: _ - Number of digits: (standard 5 or 6) Ending #: Date Needed: �� Time Needed: Item #: LTF2010SP004 rt::= 1" x 2" laminated polyester labels sxe Note: Minimum order is 3,000 fags it -. °• Qty Price Qty Ordered Total 3000 -4999 $0.08 x - 5000 -9999 $0.065 x = 10000 -19999 $0.06 x _ 20000 & up $0.06 x = If you have received a quote from Par Code on another Item # with different pricing, enter here: Items Rice Qty Freight Charges: _ GRAND TOTAL: �y •� ''�{j ?. "`.` S x �'Sar£ +%r`v ,y. ,..,5 � <YrPe;T ' "r' :Y }^ v >'s�'• ' E,✓y', ✓✓".ra:' e�i "' Ub' xsf'. xarr:,r::>^ , � j„ w. 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City State ZIP Phone S.i�x•0.r, v ';,.. t' to . % : k:.�,t - 7.uv;;' .e?• :f'r `3s "i%: •� %' ° ^;'. -:� it f tclaiIaf ruy. filllurludil 14ppralsal American Appraisal Associates ATTACHMENT B CITY OF SOUTH MIAMI PROPERTY SCHEDULE AUG -07 -2005 12 :34 ISM BOOMTOWN 7044350384 South-Miami CRA Property List ; 1. 6008 SW 66th Street (1,625 Square Feet) 2. 6016 SW 66th Street . (1,625 Square Feet) 1 6411 SW 59th Court (6,050 Square Feet) 4. 5928 SW 66th Street (7,150 Square Feet) 5. 5825 SW 68th Street (6,720 Square Feet) 6. 6090 SW 63rd Street (2,250 Square Feet) 7. 6041 SW 63rd Street (4,773 Square Feet) 8. 6317 -19 SW 59th Place (4,850 Square -feet) 9. 5978 SW 64th Street (5,978 Square Feet) 10. 6401 SW 59th Place (2,000 Square Feet) 11. 6400 SW 59th Place (3,107 Square Feet) 12. 5944 SW 64th Street (5,944 Square Feet) 13. 6065 SW 64th Terrace (4,000 Square 'Feet) Total Square Footage 56,072 Square Feet P. 02 o1 So v ry South Miami a r CITY OF. SOUTH MIAMI' I '® Mnwluft • INCORPORATES • OFFICE OF THE CITY MANAGER 1927 C4 Rt0 INTER - OFFICE MEMORANDUM 200' To: The Honorable Mayor Feliu and Members-of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Dir ctor Public Works & Engineering Department . . Date: October 17, 2006 Agenda Item No.: Subject: Authorizing the City Manager to execute 'grant agreement with Florida Department of Environmental Protection for $800,000 Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SUNSET DRIVE DRAINAGE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute $800,000 grant agreement with Florida Department of Environmental Protection. Reason /Need: To provide drainage improvements 'along'Sunset Drive. Cost: Funding Source: Grant will be matched by grant .from South Florida Water Management District grant, Storm Water Drain Trust Fund, People Transportation Tax Fund, Local Option Gas Tax Trust Fund, funds contributed towards the project by CRA & other grants Backup Documentation: 0 Proposed Resolution Grant Agreement with Florida Department of Environmental Protection 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE .. CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $8001000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI STORMWATER IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept grant from Florida Department of Environmental Protection; and WHEREAS, the agreement is intended to award the city $800,000 grant to provide drainage improvements along Sunset Drive. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to execute a $800,000 grants agreement with Florida Department of Environmental Protection with matching funds from South Florida Water Management District grant, Storm Water Drain Trust Fund, People Transportation Tax Fund, Local Option Gas Tax Trust fund, funds contributed towards the project by CRA. Section 2. The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Include File Name and Path day of , 2006. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Jeb Bush Governor Department of Environmental Protection September 26, 2006 Twin Towers Office Building 2600 Blair Stone Road Colleen M. Castille Tallahassee, Florida 32399 -2400 Secretary Greg Netto Engineering & Construction Operations Manager City of South Miami 4795 S.W. 75th Avenue Miami, Florida 33155 Re: LP6782 — City of South Miami Sunset Drive Drainage Improvement Dear Mr. Netto: Enclosed are two original copies of the proposed Legislative Project grant agreement for the City's stormwater improvement project. Please have the City Manager sign on page 6 of the enclosed two copies. Return both copies to us at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399- 2400. We will arrange for the Division Director to sign the agreements and mail a fully executed copy to the City. If you have any questions about the agreement, please call Wilba Evans - Burgess at 850/245 -8377. Sincerel r= /p Don W. Berryhill,',P:E., Chief Bureau of Water Facilities Funding DWB /wb Enclosures cc: Yvonne S. McKinley — City of South Miami W. Ajibola Balogun — City of South Miami ":More Protection, Less Process" Printed on recycled paper. STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SOUTH MIAMI DEP AGREEMENT NO. LP6782 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399 -2400 (hereinafter referred to as the "Department ") and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Grantee" or "Recipient "), a local government under the laws of the State of Florida, to provide funds for the Sunset Drive Drainage Improvement project. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee ", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2008 inclusive. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $800,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $800,000 toward the project described in Attachment A. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the disbursement form, the Grantee must provide from its accounting system, . a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds DEP Agreement No. LP6782, Page 1 of 6 received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at httn: / /www.fldfs.com/aadir /reference %5FzWde. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. DEP Agreement No. LP6782, Page 2 of 6 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: http: / /apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfilhnent of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. LP6782, Page 3 of 6 13. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399 -2400 Phone: 850 - 245 -8358 Fax: 850 - 245 -8411 Email: thomas .e.williams @dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Greg Netto City of South Miami 4795 S. W. 75th Avenue Miami, Florida 33155 Phone: 305 - 663 -6350 Fax: 305 - 668 -7208 Email: gnetto @cityofsouthmiami.net 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's .Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice /reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. DEP Agreement No. LP6782, Page 4 of 6 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The purchase of non - expendable personal property.or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487 -0915. 22. Land acquisition is not authorized under the terms of this Agreement. 23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6782, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SOUTH MIAMI City Manager Date: FEID No.: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director Division of Water Resource Management Date: Grant Manager *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F DEP Agreement No. LP6782, Page 6 of 6 Description (include number of pages) Proiect Work Plan (2 Paizes Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payment — Interest Earned Memorandum (1 Page) Advance Payment Justification Form (3 Pages) ATTACHMENT A PROJECT WORK PLAN Please complete this form with as much detail as possible I. GRANTEE/PROJECT INFORMATION: Grantee: City of South Miami Project Title: Sunset Drive Drainage Improvement DEP Grant #: LP6782 11. FUNDING PLAN: Category of Expenditure 2006 -2007 LP Grant Funds Provided 2006/07 & 2007/08 Match Required Total 2006/07 & 2007/08 Funding Professional Services $200,000 $108,500 $308,500 Construction & Demolition $600,000 $691,500 $1,291,500 Land Equipment Other (Specify Total $800,000 $800,000 $1,600,000 III. SCOPE OF WORK: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) This project encompasses the right -of -way along Sunset Drive (SW 72nd Street) from the Western City limits (SW 69t" Avenue) to US 1. However, the main segment that is located in and around City Hall (from SW 62n1 Avenue to US 1 along Sunset Drive and the parking lot area of City Hall) experiences flooding during a moderate to heavy rainfall events. Other creative ways of addressing the flooding problems will include creating imperious areas by reducing asphalt area (lane width reduction and creating landscape medians) along the Project corridor. This will no doubt provide for more green space coupled with the upgrade of the drainage system and the new infrastructure will revamp the location and eliminate flooding. Moreover, together with the Context Sensitive Design principles will provide a prime example of the principles behind the "Livable Community Initiative" movement. An estimated project timeline is as follows: Item Completion Date Task 1: Complete design and permit application process September 2007 Task 2: Issue bids; receive and award.bids October 2007 Task 3: Construction Period January Task 4: Project close -out December 2008 Scope Detail: 1. The Engineer of Record (C3TS) shall be responsible for the final project plan and implementation of the plan. The project plan shall include surveys, construction drawings, time lines, detailed budget information, bid documents and any subcontracts. Copies of all documents shall be submitted to the Department for review and approval. 2. The Engineer of Record (C3TS) shall be responsible for obtaining all necessary permits /authorizations. 3. The City of South Miami and Engineer of Record (C3TS) shall notify the Department of the construction start up dates within at least 7 days prior to commencement. 4. The Contractor shall provide adequate on -site management to ensure compliance with the project plan and any permit conditions /requirements. 5. The Contractor shall be responsible for proper turbidity, sediment and erosion control at the work site. The Contractor shall be responsible for ensuring that state water quality standards pursuant to Chapter 62 -302 F.A.C. are met. 6. Any significant modifications to the project plan must be agreed upon by the Department and the Contractor. 7. The City shall submit quarterly progress reports, which shall include invoices, in accordance with Agreement requirements. IV. LOCAL MATCH & OTHER GRANT FUNDS: List the sources and amounts for all funds being used to fund this project. SOURCE AMOUNT ($) 2006 -2007 LP grant $800,000 2006107 & 2007 /08Match 1. Local Matching Ci /CRA $753,500 2. South Florida Water Management District $46,500 Total Project Cost $1,600,000 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient CITY OF SOUTH MIAMI 2. Project Number LP6782 Date of Request 3. Disbursement Request Number Required Match % 4. Type of Request: Partial ❑ Final ❑ 5. Federal Employer Identification Number 6. Mail ❑ EFT ❑ Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Planning (attach invoices) $ 2. Engineering (attach invoices) 3. Construction and Demolition (attach invoices) 4. Technical Services during Construction (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date $ 7. Disbursements previously requested $( ) 8. Amount requested for disbursement (line 6 minus line 7) $ Requests for Invoices already Paid: Requests for Invoices not yet Paid: 1) Copy of Invoice 1) Copy of Invoice 2) Proof of Payment 2) Advance Payment Justification (one per quarter) 3) Advance Payment — Interest Earned (after initial advance) *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. LP6782, Attachment B, Page 1 of 3 I, Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6782, Attachment B, Page 2 of (name of Professional Engineer) Engineer's Certification of Disbursement Request being the Professional Engineer retained by , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62 -600 or Chapter 62 -604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. DEP Agreement No. LP6782, Attachment B, Page 3 of 3 T Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No.: LP6782 Grantee Name: CITY OF SOUTH MIAMI Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of -cost overruns or high unit costs. DEP Agreement No. LP6782, Attachment C, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on -line photographs, etc.) Provide a project Budget Category budget update, comparing Total Project Budget the project budget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6782 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. LP6782, Attachment C, Page 2 of 2 Date ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", 'DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient farther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph l., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at htta:/ /12.46.245.173 /cfda /cfda.html. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit DEP Agreement No. LP6782, Attachment D, Page 1 of 5 organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located -at hllps: / /apps.fldfs.com/fsaa/ or the Governor's Office of Policy and Budget website located at bM?: / /www.ebudget.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hqp: / /www.le z.state.fl.us /Welcome /index.cfim, Governor's Website bq: / /www.mvflorida.com/, Department of Financial Services' Website bqp:/ /www.fldfs.coni/ and the Auditor General's Website bgp: / /www. state .fl.us /audgolpages /flsaa.htm. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 DEP Agreement No. LP6782, Attachment D, Page 2 of 5 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B.. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6782, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6782, Attachment D, Page 4 of 5 I W 0 O E~ O U u�z W a O z a z a U O qA a a A r ,.d a C~ W U�' � 3 U U it y y a Ln.-g U O w U U � "O U w o � cd U Y � w 73 y �O T1 U U c w U Cr" o� 3 y � U 3w`~' � o Y Qy O U O n y U � U mow 0 o � w � 0 o �b a y Q Q � wow 0 Y •� Q at p•, � � O � U d- �U d d O � 00 °O Q z~ � a w ^d z; a,, b w L w N d C O W V n � � H O O •}' � ° C v O A U o w � O w � o3a U Lry 0 w+ tu w a`i O F=� c U � w Q d o A � i „3 � b � w 0 w w Si h O U s Uz UO s~ d en 0 .O O w �zM 0 U 8 a A Q a� y r O d d .a w .a J2 w U a S a' d y o 0 a a d � � d � 0 �waZ d � 0 w ,r a� a � ,.d a C~ W U�' � 3 U U it y y a Ln.-g U O w U U � "O U w o � cd U Y � w 73 y �O T1 U U c w U Cr" o� 3 y � U 3w`~' � o Y Qy O U O n y U � U mow 0 o � w � 0 o �b a y Q Q � wow 0 Y •� Q at p•, � � U d- d d O � 00 °O Q z~ � a w ^d a,, w w L N d C O W V n � o w O O •}' � C v O O fz, U C7 O w � o3a U w+ tu w a`i F=� c � w o A � „3 � b � w 0 w Si h O U w UO s~ d en .O O w �zM U 8 A y r O d J2 w U a S a' o 0 a a d � � w w d � 0 ,r a� a � a a w cn4z0 o a 6 Cd Q d � O owaZ ,.d a C~ W U�' � 3 U U it y y a Ln.-g U O w U U � "O U w o � cd U Y � w 73 y �O T1 U U c w U Cr" o� 3 y � U 3w`~' � o Y Qy O U O n y U � U mow 0 o � w � 0 o �b a y Q Q � wow 0 at p•, � � U d- d O � 00 °O Q z~ � w ^d a w to N C O V n � o O O •}' � v O U O w � o3a U tu w a`i c w 3 al � „3 � b w 0 w h O U UO s~ d en w �zM U d 8 y r O a a' o 0 d � � w CD 0 3 a � cn4z0 o a ,.d a C~ W U�' � 3 U U it y y a Ln.-g U O w U U � "O U w o � cd U Y � w 73 y �O T1 U U c w U Cr" o� 3 y � U 3w`~' � o Y Qy O U O n y U � U mow 0 o � w � 0 o �b a y Q Q � wow ATTACHMENT E ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO: FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval. of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed 1. Advanced funds principle expended or returned by contractor covering period of to $ 2. Balance advance funding principle available 3. Interest earned on advanced funds covering period of to $ 4. Amount of interest paid to DEP as of 5. Interest balance due to DEP as of (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245 -2452 in the Contracts Disbursement Section. DEP Agreement No. LP6782, Attachment E, Page 1 of 1 ATTACHMENT F ADVANCE PAYMENT )USTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name /Address of the Vendor /Recipient: Contact Person /Phone No.: Agreement No. /Purchase Order No. (if known): LP6782 Commodities /Services /Project Description: Organizational Structure i.e. local govt, non-profit corporation, etc. Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ Qua rterl ❑ Full Contract Period ❑ Other (specify) Indicate Statutory Authority: ❑ 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested •pursuant to 215.422, Florida Statues (and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent ( %) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division of Treasury at 850/413 -2776 or SunCom 293 -2776 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. LP6782, Attachment F, Page 1 of 3 C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non - Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories 05XXXX or 14XXXX) A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315 -3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55 -222 (03 -02) DEP Agreement No. LP6782, Attachment F, Page 2 of 3 >> .. 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth Quarter Quarter Salaries (identify ersonnel /titles Fringe Benefits Contractual Services (list services and estimated costs Equipment (identify each item and cost) Supplies Travel Other (specify Overhead Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request ❑ Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation as appropriate. Bureau of Finance & Accounting Use Only DEP 55 -222 (03 -02) DEP Agreement No. LP6782, Attachment F, Page 3 of 3 South Miami CITY OF SOUTH MIAMI till. OFFICE OF THE CITY MANAGER o et INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager C From: W. Ajibola Balogun, REM, CFEA, Director_ Public Works & Engineering Department Date: October 17, 2006 Agenda Item No.: Subject: Authorizing the City Manager to execute .grant agreement with Florida Department of Environmental Protection for $800,000 Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, `AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI STORMWATER IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute $800,000 grant agreement with Florida Department of Environmental Protection. Reason /Need: To provide drainage improvements Citywide. Cost: Funding Source: Grant will be matched by grant ':'from U.S. Department of Agriculture, South Florida Water Management District grant, Storm Water Drain Trust Fund, People Transportation Tax Fund, Local Option Gas Tax Trust Fund & other grants Backup Documentation: ❑ Proposed Resolution ❑ Grant Agreement with Protection Florida Department of Environmental 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE "'QITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $800,000 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR SOUTH MIAMI STORMWATER IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept grant from Florida Department of Environmental Protection; and WHEREAS, the agreement is intended to award the 'city $800,000 grant to provide drainage improvements citywide. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission, authorize the City Manager to execute a $800,000 grant agreement with Florida Department of Environmental Protection with matching funds from U.S. Department of Agriculture, South Florida Water Management District grant, Storm Water Drain Trust Fund, People Transportation Tax Fund, Local Option Gas Tax Trust Fund. Section 2. The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Jeb Bush Governor Department of Environmental Protection September 26, 2006 Twin Towers Office Building 2600 Blair Stone Road Colleen M. Castille Tallahassee, Florida 32399 -2400 Secretary Greg Netto Engineering & Construction Operations Manager City of South Miami 4795 S.W. 75th Avenue Miami, Florida 33155 Re: LP6781— City of South Miami South Miami Stormwater Improvements Dear Mr. Netto: Enclosed are two original copies of the proposed Legislative Project grant agreement for the City's stormwater improvement project. Please have the City Manager sign on page 6 of the enclosed two copies. Return both copies to us at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399- 2400. We will arrange for the Division Director to sign the agreements and mail a fully executed copy to you. If you have any questions about the agreement, please call Wilba Evans - Burgess at 850/245 -8377. Sincerely, i �o errm , P. ., Chief Bureau of Water Facilities Funding DWB /wb Enclosures cc: Yvonne S. McKinley — City of South Miami W. Ajibola Balogun — City of South Miami "More Protection, Less Process" Printed on recycled paper. STATE FINANCIAL ASSISTANCE AGREEMENT CITY OF SOUTH MIAMI DEP AGREEMENT NO. LP6781 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1821 OF THE 2006 - 2007 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399 -2400 (hereinafter referred to as the "Department ") and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Grantee" or "Recipient "), a local government under the laws of the State of Florida, to provide funds for the South Miami Stormwater Improvements project. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee ", "Recipient" and "Contractor" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and end no later than June 30, 2008, inclusive. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $800,000. The parties hereto agree that the Grantee is responsible for providing a minimum match of $800,000 toward the project described in Attachment A. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Disbursement Request Package (provided as Attachment B). In addition to the disbursement form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. All requests for reimbursement of travel expenses shall be in accordance with travel limits established in Section 112.061, Florida Statutes. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. If payment is based on an authorized advance for incurred costs, invoices reflecting such costs must be included. After receipt of advance funds the Grantee shall provide proof of payment to the Department within 30 days receipt of advance funds. If payment is based on reimbursement, proof of payment of the invoices is required; and (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project; that all funds DEP Agreement No. LP6781, Page 1 of 6 received to date have been applied toward completing the Project; and that under the terms and provisions of the contracts, the Local Government is required to make such payments; and (3) A certification by the engineer responsible for overseeing construction stating that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents; stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents; and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http• / /www.fldfs.com/aadir /reference %5Fg_ ide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. If advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 above and Attachment E) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 15). Progress reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. DEP Agreement No. LP6781, Page 2 of 6 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 11 9.07(l), Florida Statutes. A. The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245 -2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A -133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 NS) that can be found under the "Links/Forms" section appearing at the following website: htta:Havns.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 10. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 12. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. DEP Agreement No. LP6781, Page 3 of 6 13. The Department's Grant Manager for this Agreement is identified below, Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399 -2400 Phone: 850 -245 -8358 Fax: 850- 245 -8411 Email: thomas.e.williams @dep.state.fl.us 14. The Grantee's Grant Manager for this Agreement is identified below. Greg Netto City of South Miami 4795 S. W. 75th Avenue Miami, Florida 33155 Phone: 305 -663 -6350 Fax: 305 - 668 -7208 Email: gnetto @cityofsouthmiami.net 15. In accordance with Section 216.181(16)(b), Florida Statutes, the Department, upon written request from the Grantee and written approval from the State's Chief Financial Officer, if applicable, may provide an advance to the Grantee. The Grantee must temporarily invest the advanced funds, and return any interest income to the Department, within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Unused funds, and interest accrued on any unused portion of advanced funds which has not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized. If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department's Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department's Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment E) and the Advance Payment Justification Form (Attachment F) to the Department's Grant Manager quarterly. This information shall be requested by the Grant Manager and submitted by the Grantee on a quarterly basis in conjunction with the invoice /reporting requirements established in paragraphs 3 and 5. 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted,. the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. DEP Agreement No. LP6781, Page 4 of 6 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 19. The purchase of non - expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the Project Work Plan within the general scope of this Agreement (e.g., specifications, task timeline within current authorized agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 850/487 -0915. 22. Land acquisition is not authorized under the terms of this Agreement. 23. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6781, Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SOUTH MIAMI LE City Manager FEID No. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director Division of Water Resource Management Grant Manager *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments /exhibits included as part of this Agreement: Specify Letter/ Type Number Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F DEP Agreement No. LP6781, Page 6 of 6 Description (include number of pages) Proiect Work Plan (2 Paizes Disbursement Request Package (3 Pages) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Advance Payment — Interest Earned Memorandum (1 Page) Advance Payment Justification Form (3 Pages) ATTACHMENT A PROJECT WORK PLAN Please complete this form with as much detail as possible I. GRANTEEIPROJECT INFORMATION: Grantee: City of South Miami Project Title: South Miami (Citywide) Stormwater Improvements DEP Grant #: LP6781 1I. FUNDING PLAN: Category of Expenditure 2006 -2007 LP Grant Funds Provided 2006/07 & 2007/08 Match Required Total 2006/07 & 2007/08 Funding Professional Services $200,000 $194,000 $394,000 Construction & Demolition $600,000 $606,000 $1,206,000 Land Equipment Other (Specify Total $800,000 $800,000 $1,600,000 III. SCOPE OF WORD: (e.g., specifications, task timeline within current authorized Agreement period, method or manner of performance, requirements, quarterly cash needs, etc.) The two sub - projects to be taken. into account with regard to the South Miami (Citywide) Stormwater Improvements are as follow: • Citywide Drainage Improvements (Snapper Creek Sub - division, SW 746' Terrace, SW 57 Court & Church Street Areas) (Project 1) • Broad Canal Shoreline Stabilization (Project 2) Citywide Drainage Improvements (Sniper Creek Sub - division, SW 7461 Terrace SW 57' Court & Church Street Areas) The project's primary objective is to provide much needed drainage improvements primarily along residential single family properties, which have experienced flooding during heavy rainfall events. The proposed project consists of the installation of approximately (52) drainage structures and over 1600 linear feet of exfiltration trench, the proposed design will be able to accommodate stormwater run off especially after heavy downpours. Broad Canal Shoreline Stabilization The primary objectives of this Project are to stabilize Broad Canal embankment. The scope of work is intended to be completed by obtaining a survey, geotechnical investigations, engineering design, permitting application preparation, construction document preparation, bidding and construction management in order to accomplish shoreline stabilization. The presently destroyed shoreline is a potential personnel and residential hazard due to the presence of large overturned Australian pine root balls along most of the affected shoreline in the vicinity of Brewer Park along Broad Canal Therefore, by achieving the objectives of this Project, embankment erosion will be curbed and the navigability of the watercourse will be attained. Moreover, maintenance activities will not be hindered and habitat enhancement will be achieved. In addition, due to the primary objectives of the project, h together with maintenance activities, the drainage of the canal will be improved and hence the stormwater flow through the surrounding areas will also be improved. An estimated project timeline is as follows: (Project 1) Item AMOUNT $ Completion Date Task 1: Complete design and permit application process June 2007 Task 2: Issue for bids; receive and award bids August 2007 Task 3: Construction Period November 2 - 008 Total Project Cost $1,600,000 une 008 Task 4: Project close -out An estimated project timeline is as follows: (Project 2) Item Completion Date Task 1: Complete design and permit application process January 2007 Task 2: Issue for bids; receive and award bids February 2007 Task 3: ConstructionPeriod March 2007 — July 2007 Task 4: Project close -out August 2007 Scope Detail: 1. The Engineer of Record shall be responsible for the final project plan and implementation of the plan. The project plan shall include surveys, construction drawings, time lines, detailed budget information, bid documents and any subcontracts. Copies of all documents shall be submitted to the Department for review and approval. 2. The Engineer of Record shall be responsible for obtaining all necessary permits /authorizations. 3. The City of South Miami, shall notify the Department of the project start up dates at least 14 days prior to commencement. 4. The Contractor shall provide adequate on -site management to ensure compliance with the project plan and any permit conditions /requirements. 5. The Contractor shall be responsible for proper turbidity, sediment and erosion control at the work site. The Contractor shall be responsible for ensuring that state water quality standards pursuant to Chapter 62 -302 F.A.C. are met. 6. Any significant modifications to the project plan must be agreed upon by the Department and the Contractor. 7. The Contractor shall submit quarterly progress reports, which shall include invoices, in accordance with Agreement requirements. IV. LOCAL MATCH & OTHER GRANT FUNDS: List the sources and amounts for all funds being used to fund this project. SOURCE AMOUNT $ 2006 -2007 LP grant $800,000 2006107 & 2007108Match 1. NRCS $600,000 2. South Florida Water Management District $200,000 Total Project Cost $1,600,000 1. 2. 3. ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants Grantee/Recipient CITY OF. SOUTH MIAMI Project Number LP6781 Disbursement Request Number Date of Request Required Match % 4. Type of Request: Partial ❑ Final ❑ Federal Employer Identification Number Mail ❑ EFT ❑ Send Remittance to: 5 6. Disbursement Details (cumulative amounts rounded to the nearest dollar) L Planning (attach invoices) $ 2. Engineering (attach invoices) 3. Construction and Demolition (attach invoices 4. Technical Services during Construction (attach invoices) 5. Other (list - must be specified in agreement) 6. Total cumulative to date $ 7. Disbursements previously requested $ 8. Amount requested for disbursement (line 6 minus line 7) $ Requests for Invoices already Paid: Requests for Invoices not yet Paid: 1) Copy of Invoice 1) Copy of Invoice 2) Proof of Payment 2) Advance Payment Justification (one per quarter) 3) Advance Payment — Interest Earned (after initial advance) *If prior Disbursement Request was requested by invoices without proof of payment documentation, proof of the prior payment will be required before this request can be disbursed. ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. LP6781, Attachment B, Page 1 of 3 I, Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement. 2. Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records. 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project, and the Grantee is not in default of any terms or provisions of the contracts. 4. All funds received to date have been applied toward completing the project. 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP6781, Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62 -600 or Chapter 62 -604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP6781, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No.: LP6781 Grantee Name: CITY OF SOUTH MIAMI Grantee Address: Grantee's Grant Manager: I Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide. reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when 'appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP6781, Attachment C, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on -line photographs, etc.) Provide a project Budget Category budget update, comparing Total Project Budget the project budget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP6781 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LP6781, Attachment C, Page 2 of 2 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in. the contract /agreement) maybe subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httD :H12.46.245.173 /efda /cfda.html. PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit DEP Agreement No. LP6781, Attachment D, Page 1 of 5 organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part H, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at bgs:Hgpps.fldfs.com/fsaa/ or the Governor's Office of Policy and Budget website located at http: / /www.ebudget.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hltp://www.leg.state.fl.us/Welcome/index.c Governor's Website http: / /www.myflorida.com/, Department of Financial Services' Website http: / /www.fldfs.com/ and the Auditor General's Website hM://www.state.fl.us/audggnZpages/flsaa.htm. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 DEP Agreement No. LP6781, Attachment D, Page 2 of 5 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 3. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient dir' ectly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LP6781, Attachment D, Page 3 of 5 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP6781, Attachment D, Page 4 of 5 i O AA 3 d U] A ^ � Y A ��O\\ 11 O O 0 d R, b U O +U+ 0 U t., 'C U w O 0 ow y Y � U b � �O b � � N ,b w y � U y ^ a" d H U F � � bR O ).55 3 N N Cd . Y � h w0 0 '1 Y " C/] O w U U O on Y � � P U U N � Hw � O O cs c A iN b 5 ,d O � Rb a o ° o P. 0 In p Cd N ' n 0 �+ w° O N O O W CC n O Q Ri QU O P. P.� d Y O d O Q O Q d d CO G �' 0 d Gq o b b w � w N "C d W O o dd, w b q 0 o c w q 4y O w w F O U O al W o 3 a U aqi �H b 3 U L .moo. 0 W w d .�q w 33 N 4 A w 0 w w uz 0 � cOC b O Cd UU U +v H O cYC U +�•' 'C O U a it 8 F+ � d .. d O N O U U � d ° �o W ca � b 'd w 0 a o b a, d q d � a O U) U U F. w � � � d W Y N O0. O Yi yr N � �wPaz w w v O N ct 00 ^ � Y A ��O\\ 11 O O 0 d R, b U O +U+ 0 U t., 'C U w O 0 ow y Y � U b � �O b � � N ,b w y � U y ^ a" d H U F � � bR O ).55 3 N N Cd . Y � h w0 0 '1 Y " C/] O w U U O on Y � � P U U N � Hw � O O cs c A iN b 5 ,d O � Rb a o ° o P. 0 In p Cd N ' n 0 �+ w° r. O N O O .ny CC n O + ' O Ri QU O Y R ^O P U Y O d O Q d ° CO G �' d Gq o b o � a � w N "C d W O w b q 0 o c w q w F O U U al W o 3 a �H b 3 U .moo. 0 W w d .�q w 33 N w 0 w w 0 � cOC 0 O Cd UU U +v O O cYC U +�•' 'C O U it 8 F+ � d O N O U ° �o W ca :0 0 a o a, q d � O U) U U F. O � d W Y Yi yr N � w v O N ct 00 .O c a 3 d d y Y w y 0 �4zo �wwz ^ � Y A ��O\\ 11 O O 0 d R, b U O +U+ 0 U t., 'C U w O 0 ow y Y � U b � �O b � � N ,b w y � U y ^ a" d H U F � � bR O ).55 3 N N Cd . Y � h w0 0 '1 Y " C/] O w U U O on Y � � P U U N � Hw � O O cs c A iN b 5 ,d O � Rb a o ° o P. 0 In p Cd N ' n 0 �+ w° O N O O O' CC n O Ri QU O Y O O O O d ° �' Gq o 44 a w N O vs 0 o c O F O U U W o 3 a b 3 w w 33 N w � cOC 0 O Cd UU +v O O cYC U +�•' 'C O U 8 F+ � d b O N O Ld -ca ° �o W N a o q U � W O U) U U F. O W Y N ct 00 .O c a 3 d fA Y w y 0 �4zo ^ � Y A ��O\\ 11 O O 0 d R, b U O +U+ 0 U t., 'C U w O 0 ow y Y � U b � �O b � � N ,b w y � U y ^ a" d H U F � � bR O ).55 3 N N Cd . Y � h w0 0 '1 Y " C/] O w U U O on Y � � P U U N � Hw � O O cs c A iN b 5 ,d O � Rb a o ° o P. 0 In p Cd N ' n 0 �+ w° ATTACHMENT E ADVANCE PAYMENT — INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO: FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted., order to update the status on the unused portion of the advanced funds and /or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed 1. Advanced funds principle expended or returned by contractor covering period of to 2. Balance advance funding principle available Interest earned on advanced funds covering period of to 4. Amount of interest paid to DEP as of Interest balance due to DEP as of (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state's fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2. In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables, or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245 -2452 in the Contracts Disbursement Section. DEP Agreement No. LP6781, Attachment E, Page 1 of 1 ATTACHMENT F ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the Comptroller. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215.422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Comptroller approval. Name /Address of the Vendor /Recipient: Contact Person /Phone No.: Agreement No. /Purchase Order No. (if known): LP6781 Commodities /Services /Project Description: Organizational Structure i.e. local govt, non-profit corporation, etc. Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: ❑ 90 days startup ❑ Quarterly ❑ Full Contract Period ❑ Other s eci Indicate Statutory Authority: ❑ 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Comptroller's Voucher Processing Handbook) which exceed the purchasing threshold of category two as defined in 287.017 Florida Statues. A. Document, if applicable, the cost savings to be incurred as a result of an advance payment that are equal or greater than the amount the State would earn by investing the funds and paying in arrears. Include the percent ( %) savings to be realized. In calculating the percent savings as compared to the percent that can be earned by the State, information may be obtained from the Department of Insurance, Division of Treasury at 850/413 -2776 or SunCom 293 -2776 regarding the current Treasury earnings rate. B. Document, if applicable, how the goods or services are essential to the operation of the Department and why they are available only if advance payment is made: DEP Agreement No. LP6781, Attachment F, Page 1 of 3 C. Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental. Entities and Non - Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid A. The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.O. Box 3070 Tallahassee, Florida 32315 -3070 B. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55 -222 (03 -02) DEP Agreement No. LP6781, Attachment F, Page 2 of 3 3. The recipient must provide an estimated budget for each quarter covered by the agreement. The summary information should include salaries, fringe benefits, overhead, contracts (specify services to be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, and other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter of the agreement period. Description First Quarter Second Third Quarter Fourth, Quarter uarter Salaries (identify person nel titles Fringe Benefits Contractual Services (list services and estimated costs Equipment (identify each item and cost) Supplies Travel Other (specify Overhead /Indirect Total: Certification Statement The forgoing information is presented to the Florida Department of Environmental Protection in support of our request for advance payment. I certify that the information provided accurately reflects the financial issues facing the entity at this time. By: Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request ❑ Deny Request By: Type Name of Signatory: Date Title: Bureau: Division: The DEP Program Area should forward this information to the Contracts Disbursements Section at MS78. The Contracts Disbursements Section will forward requests for advance payment to the State Comptroller for review and legislature consultation as appropriate. Bureau of Finance & Accounting Use Only DEP 55 -222 (03 -02) DEP Agreement No. LP6781, Attachment F, Page 3 of 3 South Miami A&MMUC Y CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGED f® INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager lYL From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: October 17, 2006 Agenda Item No.: Subject: Work Order for holiday display services (wrapping of the trees in downtown with clear miniature lights). Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA IN AN AMOUNT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1710- 519 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to issue service work order with Brandano Displays, Inc. for $28,000. Reason /Need: To continue the tradition of installing' holiday lights on our trees in downtown, we are requesting approval to secure the services of Brandano Displays, Inc. for the installation of holiday lights on 88 trees along Sunset Drive and Dorn Avenue. As with past years, the installation will be completed early enough to allow illumination beginning October 31, 2006 (Halloween) through the winter season. It is our intent to "piggyback"' on the attached City of Marathon's agreement for the services. Cost: $28,000.00 Funding Source: Public Works Department's account -number 001 - 1710 - 519 -3450 with account balance of $28,000 before this request. Backup Documentation: ❑ Proposed Resolution ❑ Brandano Displays' agreement with Cjty of Marathon 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA IN AN AMOUNT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 -1710- 519 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to beautify the downtown streets during the holiday season; and. WHEREAS, miniature holiday lights will be installed on trees along Sunset Drive and Dorn Avenue by Brandano Displays, Inc. in an amount of $28,000 to be charged to account number 001 -1710- 519 -3450, with account balance of $28,000, before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to issue a Service Work Order to Brandano Displays, Inc. in an amount of $28,000 to be charged to account number 001 - 1710 - 519 -3450, with account balance of $28,000, before this request. Section 2. The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this day of October, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney Include File Name and Path APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 10/06/06 FRI 16:25 FAX 3154690367 BRANDANO DISPLAYS Agreement No. 018116 LEASE AND INSTALLATION AGREEMENT Brandano Displays, Inc. 4601 Nixon Park Drive Syracuse, NY 13215 ( "Brandano ") City of Marathon 10045 -55 Overseas Highway Marathon, Florida 33050 ( "Lessee ") 1. Decorations Leased. Brandano hereby leases to Lessee and Lessee hereby leases from Brandano, all decorations and other property of Brandano, (all of which, together with any replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto is herein collectively referred to as "Decorations "). Decorations are described below and detailed on the attached sales order. (20) Wreath with Anchor (20) Wreath with Sailboat (10) Custom Dolphin (500 ) C9 Lightline (10) Pole Trims (1) Major Display (To be selected annually) (200) Miniature ,light Sets Lessee can change 50% of the pole decorations listed above at the end of the 2003 Season far decorations of equal value. 2. Terms. The term of this Agreement is for one (5) Holiday Seasons (2001, 2002, 2003, 2004, 2005). 3. Payments. Lessee promises to pay Brandano the total surn- of $98,350 in rental payments. This is exclusive of any applicable sales tax.. Lessee shall make payments according to the following schedule: Payment $19,670.00 Due December 1, 2001 $19,670.00 Due December 1, 2002 $19,670.00 Due December 1, 2003 $19,670.00 Due December 1, 2004 $191670.00 Due December 1, 2005 [a 006 10/06/06 FRI 16:25 FAX 3154690367 BRANDANO DISPLAYS IM 007 Agreement No. 018116 4. Ownership. Title to the Decorations shall at all times remain in Brandano, Lessee agrees to keep each item of Decorations at all times free and clear from .all claims, levies, liens and process. Decorations are and shall remain personal property notwithstanding that the Decorations or any part thereof may be or hereafter become in any manner affixed to or attached to the real property or any building thereon. Brandano may require Lessee to obtain a landlord's beneficiary's or mortgagee's waiver of interest in the Decorations. 5. Electrical Power. The lessee is responsible to provide a suitable power source for the decorations within 10' of the decoration. The lessee is responsible for the cost of the electricity. 6. Assignment. Brandano hereunder may assign this Agreement and all rights of Brandano without Lessee's consent. Lessee shall not assign this Agreement, or its interests hereunder, or grant a security interest herein, or enter into any sublease or lend the Decorations, without the prior written consent of Brandano. 7. Compliance with Laws. Lessee shall use the Decorations in a careful manner in conformity with all governmental laws, ordinances, regulations, requirements, and rules. 8. Warranty. Brandano warrants that Lessee shall quietly enjoy use of the Decorations and the Decorations shall be free from defects. Lessee has selected the Decorations. Brandano hereby assigns to Lessee all of its nights and interest in any warranties of the manufacturer. Brandano shall in no event be liable for consequential damages arising out of defects in any leased goods. 9. Loss, Damage, or Interruption of Use. Loss of, or damage to Decorations or interruption of Lessee's use or peaceable enjoyment of said decorations shall not impair any obligation of Lessee under this Agreement, except where occasioned by the negligent act of Brandano, or as agreed. 10. Indemnity. Except as otherwise provided for herein, Lessee shall indemnify and hold Brandano harmless to Lessee's employees, agent, or other persons for any and all liability, claims, loss or expense arising out of the selection, possession, leasing, operation, control, use, of Decorations, provided such liability, loss or claim is not a result of any act or omission of Brandano. 11. Services Provided. Brandano will install, remove, store, refurbish, and insure as further described below the Christmas Decorations specified on Page 1 of this Agreement for the full term of this Agreement. 10/06/06 FRI 16:26 FAX 3154690367 BRANDANO DISPLAYS IM 008 Agreement No. p 18116 12. Location. 'These Decorations will be installed as per an approved plot plan to be developed for the project and mutually acceptable to both parties. Any deviation from this program or any relocation of Decorations after initial installation will be done at Lessee's expense_ 13. Installation Date. Brandano will install the above listed Decorations prior to 'thanksgiving each Season. . 14. Removal Date. Brandano will remove all Decorations as soon as possible after January 5 each Season. Brandano and Lessee may mutually agree upon earlier removal dates. 15. Site Preparation. Brandano is responsible for completion of preliminary Work prior to installation of Decorations. This work, consists of installing: None. 16. Permits. Lessee agrees to obtain all necessary approvals from building owners, lessees or lessors, for the attaclunent of cables, anchor points, faceplates, or brackets necessary for the installation of the Decorations, and for the placement of the Decorations. Lessee shall obtain all necessary permits for installation. 17. Storage. Decorations will be stored at one of Brandano's facilities. 18. Conflict of Applicable Law. If any provisions of this contract are contrary to, prohibited by, or deemed invalid under applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then such provisions shall be deemed inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. 19. Default. In the event of a default in the payment of any sums due hereunder, or in the performance of any other covenant herein and Lessee fails to curd said default within three (3) days after written notice from Brandano; or if Lessee becomes insolvent, or ceases to do business as a going .concern; or makes an assignment for the benefit of creditors or any proceeding or petition under the Bankruptcy Act as amended is filed by or against Lessee, (including a proceeding for reorganization, arrangement or extension); then in any such event, Brandano, at its sole option, shall have the right to terminate this contract as to any and all items of Decorations and Brandano shall thereupon be entitled to recover from Lessee the excess, if any, of the amount of payments reserved in the Contract for the balance of the stated terms. 10/06/06 FRI 16:26 FAX 3154690367 BRANDANO DISPLAYS Q009 Agreement No. 018116 Dated: VO 1 ,°j, By: Title: Dated: By: Title: d OCT 1 9 2001 10/12/2006 09:07 93056687208 CITY OF SOUTH MIAMI PAGE 01/02, 10/11/06 WED 12:40 FAX 3154690267 ARANDANO DISPLAYS @1002 Brandano Displays, Inc. John D. Sr"andano . Managing Partner October 6, 2006 Mr. Rudy de la Torres Equipment & Operations Manager CITY OF SOUTH MIAMI 4795 S.W. 75th Avenue South Miami, FL 33155 Dear Rudy: The purpose of this letter is to provide you with a price quotation for the illumination of trees in the South Miami business area. We have prepared this price quotation to provide you with the budget parameters for the project, If you choose to accept parts of the proposal, the prices will vary depending on the final selection of services. Project Overview. The City of South Miami is illuminating the downtown trees for the Fall and Winter Season with illumination beginning on Halloween. There are eighty - eight (88) trees to be illuminated. These include: 4 Medium Black Olive Trees 29 Large Black Olive Trees 13 Giant Black Olives 4 Medium Palms 19 Large Palms 19 Christmas Palms The trunks will be wrapped with clear miniature lights as per previous'years. 1280 NW 22 "' Strut + Pcnxxpwio &aclx, Florida 33069 9.54,956.7266 a 800.777,6903 • f xx: 954.956.7256 .ic+linbrandano ()hranciano.cnm www.hr.,mdzwo,com 10/12/2006 09:07 93056687208 CITY OF SOUTH MIAMI PAGE 02/02 10/11/06 WED 12:40 FAX 3164690961 SRANDA.NO DISPLAYS Q003 Bean , Inc. City of South Miami October 6, 2006 Page 2 Price Quotation. Brandano Displays, Inc. will provide the following: • 1,455 Sets miniature lights, clear, commercial.- grade, long -life, super - bright • Installation of lighting on all trees Negotiated Price: $28,000.00 Payment Schedule, Payments will be made according to the following schedule, $14,000.00 October 20, 2006 $14,000.00 November 1, 2006 Terms: • The above pricing is exclusive of sales tax. The above pricing is exclusive of maintenancd and takedown • The City is responsible for all permits. • City must provide a suitable power source on each tree. • Installation is available only on Brandano Displays, Inc. supplied materials. • Terms are based on installation only. If you have any questions feel free to contact us at anytime. Very truly yours JDB; jak Enclosures 1280 NW 22 "" Street • Pomp,uuti Beeich, Florida 33069 954.956.7266.800.777.650:3 • Fax., 954.936.7256 patbrtttmd<<no Ct britndlln(1.c(irvi www.hratndano.com o� Sour South Miami � INCORPORATED CITY OF SOUTH MIAMI I '® 1927 a. OFFICE OF THE CITY MANAGER ° a�9 INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Vincent A. Landis, Chief of Police Date: October 17, 2006 Agenda Item # Subject: Purchasing /financing of replacement Ford Crown Victoria Police Pursuit Vehicle Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE -ONE (1) FORD CROWN VICTORIA POLICE PURSUIT VEHICLE AS A REPLACEMENT VEHICLE WHICH WAS TOTALED IN A TRAFFIC CRASH FOR A AMOUNT NOT TO EXCEED $24, 827.00 FROM GUS MACHADO FORD; WITH THE FIRST YEAR'S INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $5,383.13 TO BE CHARGED TO THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT # 615- 1910 - 521 -6430 ; PROVIDING FOR AN EFFECTIVE DATE. Request: The Police Department is requesting to purchase one (1) "Ford Crown Victoria Police Pursuit vehicle from Gus Machado Ford as a replacement vehicle which was totaled in a traffic crash on August 24, 2006. The first year's installment of five (5) annual payments of $5;383.13 is to be charged to the Police Federal Forfeiture Operating Account # 615 - 1910- 521 -6430 and would not adversely affect the operation of the department. Reason /Need: Several years ago the city used forfeiture funds to purchase a K -9 vehicle and established an extra- ordinary need for the vehicle. The totaled vehicle which the Police Department would be replacing was originally purchased with monies from the Police Federal Forfeiture Fund and we are requesting to continue the program. The totaled vehicle was assigned to the K -9 section and this also would continue with the replacement vehicle. The expenditure is not general police expenditure. Cost: $5,383.13 Funding Source: Federal Forfeiture Fund Approximate Beginning Balance: $15,322.00 Request $ 5,383.13 Approximate Ending Balance $ 9,968.87 Backup Documentation: Draft Resolution, Copy of Vehicle Quote & Copy of Financing. 1 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) FORD CROWN VICTORIA POLICE PURSUIT VEHICLE AS A REPLACEMENT VEHICLE WHICH WAS TOTALED IN A TRAFFIC CRASH FOR THE AMOUNT NOT TO EXCEED $24,827.00 FROM GUS MACHADO FORD; WITH THE FIRST YEAR'S INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $5,383.13 TO BE CHARGED TO THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT #615- 1910 -521 -6430; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Police Department is in need of a replacement Ford Crown Victoria Police Pursuit vehicle which was totaled in a traffic crash; and, WHEREAS, Gus Machado Ford has located such a replacement vehicle for a cost of $24,827.00; and, WHEREAS, the financing is available through the Florida League of Cities, Banc of America at a rate of 4.21 percent; and, WHEREAS, the funding for the duration' of the loan would be out of the Police Federal Forfeiture Operating Account # 615 - 1910 -521 -6430, with account balance of $15,322, before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to execute a purchase agreement with Gus Machado Ford for the acquisition of one (1) Ford Crown Victoria Police Pursuit vehicle not to exceed $24, 827.00. Section 2. The City Commission authorizes the City Manager to execute financing of the above vehicle through the Florida League of Cities, Banc of America for the term of the loan. Section 3. That all future payments', be budgeted for the duration of the loan from the Police Federal Forfeiture Operating Account. Section 4. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of October, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: October 5, 2006 Mr. Juan Fernandez Gus Machado Ford 1200 West 49th Street Hialeah, FL 33012 Dear Mr. Fernandez, This letter will serve as the intent of the South Miami Police Department to purchase the 2007 Crown Victoria Model #P71 police sedan that you located for us in Alabama. A resolution has been drafted and is awaiting review and adoption by the City Commission for the purchase of the above specified vehicle. If you have any questions please call Lieutenant Dan Salerno at 305- 663 -6309. Thank you for your assistance in this matter. Sincerely, Vincent A. Landis Chief of Police South Miami Police Department South Miami kraml AHRMftCh �II�® 2001 6130 Sunset Drive South Miami, Florida 33143 -5093 - Tel: (305) 663 -6338 - Fax: (305) 663 -6345 www.cityofsouthmiami.net Mw 6 11:24 3058202592 GUS MACHADO FORD VEHICLE ORDER PAGE 02 CONFIRIWATION 09/21/06 11 :49:54 Dealer: F24070 2007 CROWN VICTORIA 2 o x page: f Xorder No: 1010 Priority: L4 Ord FIN: QM510 Order Type; 5B Pxloe Le: I f 2 Ord Code: 720A Cust /Flt Name: SOUTH MIAMI PO Number: RETAIL RETAIL P71 POLICE INTERCEP $25500 45C 3.27 RATIO -TRAC $125 WT VIBRANT WHT C/C 51A DRV SDE SPT IMP 190 I CLTH BKTS /VNL R 525 SPEED CONTROL 225 N CHARCOAL BLACK 53M NOISE SUPPRESS 95 720A ORDER CODE 59M SIDE AIR BAGS 300 .POLICE PACKAGE 67R RR DR HNIA INOP 25 .DUAL EXHAUST 948 RR WINDOW DEL 25 .H -D BATTERY 96A FRT MLDG INSTLL 30 .ENG IDLE METER 99W .4.6L OHC EFT V8 NC TOTAL BASE AND OPTIONS 2823 44Q .ELEC AOD TRANS NC TOTAL g TC1 .P235/55RI7 33W NC * 2 30 � 1 THIS IS NOT AN INVOI 1,4T TRUNK PACK 190 177 SILICONE HOSES 320 * MORE ORDER INFO NEXT PAGE 21A PWR DRIVER SEAT 380 F8 =Next F1 =Help F2= Return to Order F3 /x'12 =Veh Ord Menu F4= Submit F5 Add to Library 8005 - AURE DATA IS AVAILABLE. QC049311 i- fern59 @FLEET077 RPn 'Pl. 2nnF 12.n7-nn Pm �d6 11 :24 3058202592 GUS MACHADO FORD PAGE 03 VEHICLE ORDER CONFIRMATION 09/21/06 10:55:38 Dealer: F24070 2007 CROWN VICTORIA Page: 2 of 2 ,/_order No: 1010 Priority: L4 Ord FIN: QM510 Order Type; 5B Price Lev Ord Code: 720A Cust /Flt Name: SOUTH MIAMI el: 725 PO Number: RETAIL RETAIL SP MR ACCT AW SP FLT ACCT CR 5 U.S. GAL GAS B4A NET INV FLT OPT NC DEST AND DELIV 825 TOTAL BASE AND OPTIONS 28230 TOTAL 28230 *THIS IS NOT AN INVOICE* F1 =Help F2= Return to Order F4= Submit F5 Add to Library S099 - P=SS F4 TO SUBMIT F7 =Prev F3 /F12�Veh Ord Menu QC049311 i- fern59 @F1,FFT077 onnti 1 1 .1 '). nn nM a. 11:24 3058202592 GUS MACHADO FORD PAGE 04 _ ,_ � _ • .tea l rx i 1 � I r' _V°,U JhYI_t � "! 1 •JkJ7�.194+tiyc' - h17.'31�y D0� � f501.FR 911 306 VIN 21rAW71W97X104512 449"w RON ft,2 3100 m 4okma caveat Vic POLICE XXT14101MR 234 6 5100 2S116100 6PICIAL UUM AOGf Ul AW4BT1t ; 3,043100. 4gR0IAL FL1122 ACCOCIIR 0R101A3T 1 513,Ctl. , 2007 1401511& VW � r wr 'Viamm WIKITE C/C 115E "LIC r T71 "M co" C67 PAT /vICYL RK ZWLRD87 01r 7XIS VSR3CLS i QUM CGOR 7 L IWA 327 � POLICE PAC3 •= IMNAV6S 111676M .BgAVY -DUTY HL3T�1kY ' .E310Aa 10$ 3QMR OPTION" irQapoom1T 9911 .4.6L (Me KEPI W6 11110111 On r wo k 440 •1A8CTTIO11I0 AUTO 0/0 11"s K4 NC Tel P230 /11FIRV 1lLt+ Stpb 8811. NCO RC1 � 14T TRVM 0l."3C M /KWW AY LIMM 1!0100 161 +00 117 6I000M XN8Q /AIRC1&" CLAMPS 279"00 2710j80 21A 6 -w1r POWIll DIMR• 6 23A7 3110130 280190 x460 7.27 naTio- AXLE /17U1CTi011 I ;�-•53A Rawn•6 orwo SPOT LAW i95;0o 1p0.00 109;00 1x6.00 y S25 ]PESO CONTML /i)% SaM ""Branum Sol* 6TW3 675100 03,100 1105i00 67:00 ---SON DRIVORIP"I IR 92db AIR Sup 300100 701100 ., 671 RR DR 10101. irOPR•&K OVIUM 15100 ZZ'00 _.. 142 REAR COUR ?MR MMON VXL]kTB 20 i 00 9Z a 010 -199A ALL SQUYSIDE Mod rnthun 30'DO 26.00 RPM • PLR. 4CC7. 11DJ. CA, s! i 00 TOTq•1,rTREXC E 4; OPTIONS 27310:00 99007' 150 p1pBTIRAi1ON A piLIVEAY 100100 000100 1 � TOTAL Pox vaK%=j 74380i0G 05 U. 8, GAL ML eNARaB 33.495 M INVOWN Y1417 4pTrox IR4A) 7+00 ellpf"10 WNZ=r 11116 41111, TOTJU. �oa50;a 24827!95 1 r r k 1 1 r r I r r 1 . 1 r 1 1 i TTIS :nvoicm ma muk rzflmel a0 rrel gam y' knm r619ida ir. Ag- of th- 9,4046101V e• (W Vrs rem^ -left 600w31.Cau. 6 &:gums an0 incerii:A av"0e IrOat rera Moro. COmPOM0 0 09 Gamier saki b Family Ford Was, In--. 818108 1602 Florence Boulevard OtcwTypa Ramp Coda swo? 10 Prm Level 8lerryaea► AL 35630 53 C15W SF231 715 *b 1c [F ww dun above) Dais env, Pffipwadl Ixm )f AYbar Trr+'k Oayes O6 Z3 06 21 -3465 05 Snip7ftUfn �� O X Ilaloloe a u�k si.nlilCaOOn Fps ak Irtiywort FlnOr+ce Oompmtiy andW SWk 2WAR17IM97X ST. Tx0»4i►9 Ford Motor Credit 000001 Total Holdback IhvDIGe Tolajutor A& Z plan 0 Plan X Plan fka h =12h# na bIlml0 of ven1c110a Only Daalora wpyr PM Banc of America Public Capital Corp. GA3- 003 -04 -01 2059 Northlake Parkway, 4 "' Floor Tucker, GA 30084 Tel 770.270.8443 Fax 770.270.8565 September 25, 2006 City of South Miami, FL To Whom It May Concern: Banc of America Public Capital Corp. ( "Lessor ") is pleased to submit the following bid to you pursuant to the Master Lease /Purchase Program established on behalf of the Florida League of Cities, Inc. Lessee: City of South Miami, FL Amount Financed: $ 24,827.00 (soft costs cannot exceed 20 %) Lease Term: Sixty (60) months Equipment New 2007 Ford Crown Victoria Description: Interest Rate: 4.21% or 93% of the 5 -year Treasury. This rate will be held for 30 days from the above date. Thereafter, the Interest Rate will be recalculated at the percent of the 5 -year Treasury quoted under the Florida League of Cities Master Lease /Purchase Program for the month in which funding occurs, and the rate will be fixed at the time of funding. As of September 25, 2006, the 5 -year Treasury was 4.53 %. Periodic P &l: Annually /Advance: $ 5,383.13 (five payments with first due in September 2006) Total P &I: Annually /Advance: $ 26,915.64 Servicing Fee: A servicing fee of 10 basis points ($46) will be charged to Lessee for processing this transaction as part of the Florida League of Cities Master Lease Program with Lessor. This transaction will be subject to the terms and conditions and documentation of the Florida League of Cities Master Lease /Purchase Program. If you wish Lessor to proceed with this transaction, please submit the application provided, along with the specified financial information requested. We look forward to the opportunity to provide financing to you. If you have any questions, please give me a call at (770) 270 -8443. Very truly yours, BANC OF AMERICA PUBLIC CAPITAL CORP. Kathy N. Bowden South Miami AIAWAftft CITY OF SOUTH MIAML OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Vincent A. Landis, Chief of Police Date: October 17, 2006 Agenda Item # Subject: Accepting /executing contracts for the 2606107 Federal Drug Control and System Improvement grant from Miami -Dade County Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2006107 FOR $2,945.00; TO DESIGNATE $982.00 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT #615- 1910 - 521 -64300 AS MATCHING FUNDS AS REQUIRED BY THE GRANT; PROVIDING FOR AN EFFECTIVE DATE. Request: The United States Department of Justice through the Federal Drug Control and System Improvement Grant, has allocated through Miami -Dade County for the South Miami Police Department $2,945.00 for assistance in Criminal Justice Records Improvement. The required matching funds of the grant is $982.00 and would come of the Police Federal Forfeiture Operating Account # 615- 1910 - 521 -6430 and would not adversely affect the operation of the department. Reason /Need: The Police Department desires to use the funds to provide the detectives in the Criminal Investigations Division Special Investigations Unit `one laptop computer, software & interface, a scanner and digital camera with accessories to assist them with their investigations. The request complies with state guidelines relating to the use of state forfeiture funds and is not a general expense of the police department Cost: $ 982.00 Funding Source: Police Federal Forfeiture Fund Approximate Beginning Balance: $16,304.00 Request : $ 982.00 Approximate Ending Balance : $15,322.00 Backup Documentation: Draft Resolution & Contract 1 2 3 4 5 6 7 8 9 10 11 12 13 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE ALL APPLICABLE CONTRACTS AND DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND SYTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY 2006/07 FOR $2,945.00; TO DESIGNATE $982.00 FROM THE POLICE FEDERAL FORFEITURE OPERATING ACCOUNT # 615- 1919 -521 -6430, AS MATCHING FUNDS REQUIRED BY THE GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice, through the Federal Drug Control and System Improvement Grant , has allocated through Miami -Dade county for the South Miami Police Department $2,945.00 for the purpose of Criminal Justice Records Improvement within the police department; and, WHEREAS, Police Department desires to use the funds to provide the detectives in the Criminal Investigations Division Special Investigations Unit one laptop computer, software & interface, a scanner and digital camera with accessories to assist with their investigations; and, WHEREAS, the required matching funds for the grant in the amount of $982.00 would come out of the Police Federal Forfeiture Account, with an account balance of $ 16,304 before this request and would not adversely affect the operations of the department; and, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to accept and execute all applicable contracts and Documents from the Federal Drug Control and System Improvement Grant through Miami -Dade County FY 2006/07 in the amount of $2,945.00. Section 2. The City Manager is authorized to designate $982.00 from the Police Federal Forfeiture Operating Account #615 - 1910 -521 -6430, with a current approximate balance of $16,304.00 as the matching funds required by the grant. Section 3. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of October, 2006. ATTEST: 42 CITY CLERK 43 44 45 READ AND APPROVED AS TO FORM: 46 47 48 Luis R. Figueredo, 49 Nagin Gallop & Figueredo, 550 Office of City Attorney APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES CONTRACT This Contract, made this day of – 200 —, by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Department of Human Services (hereinafter referred to as "Department "), located at 2525 N.W. 62" Street, Suite 4228 Miami FL 33147, and the CITY OF SOUTH MIAMI located in Miami -Dade County, Florida (hereinafter referred to as "Provider "), provides the terms and conditions pursuant to which the Provider shall provide a Criminal Justice Record Improvement Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami -Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the Criminal Justice Record Improvement Project by providing a portion of the federal funds awarded to Miami -Dade County to the Criminal Justice Record Improvement Project; and WHEREAS, the County as contractor /grantee for the State of Florida is authorized to purchase said services for the Criminal Justice Record Improvement Project as an allowable activity under the ACT; and WHEREAS, the County requires the above - mentioned services from the Provider in order to fulfill its' contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $ 2,945. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. Page I of 12 II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2006 through September 30, 2007. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County, including the required 25% Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 913-61 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B., Supplanting_ The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 9B- 61.006 (5), Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and, instrumentalities as Page 2 of 12 herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing Criminal Justice Record Improvement services shall have appropriate training and experience in the field in which he /she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his /her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami - Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami - Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973,29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. Page 3 of 12 XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: If to the COUNTY: If to the PROVIDER: Miami -Dade County Department of Human Services 2525 NW 62 "d Street, Suite 4225 Miami, Florida 33147 Attention: Ms. Michaela Doherty South Miami Police Department 6130 SW 72nd Street South Miami, FL 33143 Attention: Lt. Bruce Ross XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by'the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami - Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: Page 4 of 12 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, . misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The,County Manager is authorized to terminate this Contract on behalf of the County. Page 5 of 12 XVIL PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15 %) of the total budget, without a written amendment. Variances greater than fifteen percent (15 %) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year -To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each Criminal Justice Record Improvement using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2007. D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall county funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY. A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is Page 6 of 12 already available within the Provider organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every 2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of 3 years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the 3 -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. Page 7 of 12 � _. F t.�� era.,: ..wS°�mr� '^nn r.GSn�rc. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of, Florida, records for the Criminal Justice Record Improvement Project services must reflect: The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of, program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Agreement. B. Reporting Requirements. 1. Quarterly Proiect Performance Report and Invoice. The Provider shall submit the Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15, 2007 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. 2. Other Required Reports. The Provider shall submit other reports as may be required by the Department of Human Services during the program year. C. Changes to Reporting Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Agreement. The Provider shall provide assistance as may be necessary to facilitate a financial /program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General E. Office of Miami -Dade County Inspector General. Miami -Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report Page 8 of 12 concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami - Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this agreement for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. Page 9 of 12 G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be, binding on either party unless reduced to writing, signed by both parties, and approved by the County Manager. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15 %) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Manager is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and- procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. Page 10 of 12 D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami -Dade County, Florida. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to the Miami -Dade County Department of Human Services, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. H. Total of Contract/Severability of Provisions. This twelve (12) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report & Invoice Attachment D. Miami -Dade County Affidavits Attachment D1: Code of Business Ethics Attachment D2: Miami -Dade County Debarment Disclosure Affidavit Attachment D& State Public Entities Crime Affidavit Attachment E. Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. Page 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective,and duly authorized officers, the day and year first above written. Signature Name (typed) ATTEST: 0 ATTEST: HARVEY RUVIN, CLERK Title By: (Corporate Seal) By: By: DEPUTY CLERK Page 12 of 12 MIAMI -DADE COUNTY, FLORIDA GEORGE M. BURGESS COUNTY MANAGER ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT D1 ATTACHMENT D2 SUMMARY OF ATTACHMENTS Scope of Services/ Program Narrative Program Budget Quarterly Project Performance Report & Invoice Miami -Dade County Affidavits Code of Business Ethics Miami -Dade County Debarment Disclosure Affidavit ATTACHMENT D3 State Public Entities Crime Affidavit ATTACHMENT E Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: SOUTH MIAMI Address: 6130 SW 72 Street, South Miami, FL 33143 Program Area: Records Improvement Program Name: Records Improvement Contact Person: Lt. Bruce Ross Contact Numbers: 663 -6313 Office 663 -6337 Fax Program Dates: 10/01/06 through 09130/07 Target Population: City Residents Problem identification South Miami Police Department was awarded grant funds five years ago, to begin its conversion to a paperless system of criminal justice reporting. They began their efforts with supplying patrol officers with laptop computers. This allowed officers to complete reports conduct background checks while on routine stops. Although the department was able to purchase 28 laptops, they fell short in being able to supply each of their officers with equipment. Additionally, the computers are now more than five years old and are in need of repair or replacement. Program Description Keeping current with equipment and software the department wishes to purchase new equipment for patrol officers. The equipment will make it possible to access necessary data from NCIC /FCIC without calling, the dispatcher. Many times, a dispatcher is so busy handling these various responsibilities that an officer will have to wait to receive information that they have requested. This delay can endanger an officer's life. Once an officer can access NCIC /FCIC from the patrol vehicle, the dispatcher will be relieved of this additional duty, and the officer will have the information at his /her fingertips. Incorporating laptop reporting at the patrol officer's level would establish a more efficient record keeping process. The use of laptops will reduce the time needed to store data and provide for a more accurate record of police services. South Miami will be able to transmit and receive information when conducting FCIC and NCIC checks. Additionally, the department can share information with other local law enforcement agencies. Grant funds will be used to purchase equipment to improve the department's criminal justice records system. Year One Activities /Accomplishments & Unmet Needs (2005 - 2006) On the cutting edge of providing services to their residents, this year South Miami's Police Department automated several of the functions of their patrol unit. This innovative approach to increasing the efficiency of policing services has been a proven success this past year. Program activities included the purchase, installation and distribution of equipment. In the 2006/2007 fiscal year, the department will continue their strategy of upgrading program equipment with the purchase of hardware and software to enable an information exchange between the police department and NCIC / UiC data systems. Already; several other police departments— including the county police service —are establishing wireless protocols to exchange criminal justice information. Grant funds will be used to purchase a laptop, with accessories and a year of wireless service for the special investigations detectives. Additionally funds will be used to purchase a digital camera and scanner. Jurisdiction Name: SOUTH MIAMI Address: 6130 SW 72 Street, South Miami, FL 33143 Program Area: Records Improvement Program Name: Records Improvement Contact Person: Lt. Bruce Ross Contact Numbers: 663 -6313 Office 663 -6337 Fax Program Dates: 10/01/06 through 09/30/07 Target Population: City Residents Proposed Activities Planned Measures Monitoring Plan 15C.08 To automate criminal justice records system during the grant year. Purchase a laptop computer, accessories and wireless services for the detectives unit. Program Plan 'and Activity Schedule. Copies of invoices for materials purchased. Lt. Bruce Ross, SMPD Michaela Doherty, DHS ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: SOUTH MIAMI Program Area: Record Improvement Program Name: Record Improvement Program Salaries and Benefits, Total Operating Capital Outlay Laptop computer Wireless service (1 year) Scanner Digital camera w /accessories Contractual Services, Total Expenses, Total Total Budget Dade County will reimburse an amount not to exceed: The 25% CASH MATCH for this grant is: The source of the CASH MATCH is: General Funds, City of South Miami OCC level begins at $500. 9/20/2006, Sm$07 $2,945 $982 Contact Person: Lt. Bruce Ross (305) 663 -6313 PH - -(305) 663 -6337 FX Program Dates: 10/01/06 - 09/30/07 $2,500 $800 $327 $300 $0 $3,927 $0 $0 $3,927 ATTACHMENT C Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report RECORD IMPROVEMENT PROJECT PURPOSE AREA 15B (City) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE ID NUMBER: 2007 - JAGC- DADE -26 -P3 -151 GRANT NUMBER: HSB677 itiiumbeC., ° . ; Gicra> #er1 f?eriod. Report Due Dates " 1 October 1 - December 31 January 16 2 January 1 - March 31 Aril 16 3 Aril 1 -June 30 July 16 4 Jul 1 - September 30 October 16 Re "ort Number. Q "uartert Period' ',,Report Due Dates Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 16; April 16; July 16; and/or October 16, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. t a c` u. C V. a a c a m E •o a CL L C T E O �p c C c O CL � U ` M o U L c m E r O U ( o aEi U) U) O � C 0 o CL CD v a� E o m t a_ a :E a) o E m () ao 4- L N L E CD LC CD a) a) o_ a) Q 5 a E CY E c y c F- C) C O (Q § a) N E U O co N LUwU) o_ cl- () r 0 m v U) w C .p v a) N y C O 0 a) CL O U a) 'O o. O c a) E a .5 O• a) (0 0 m U 'C N N N N a) s `o E N N c O c a) 2 U) O U N U .0 O U () c a) a) c E M a) O o a E E a) w rn O O N •O O U U �+ c E fU U O C 4l U O. FO- a N U LO t0 N cl- m 0 or N L m C N E a) y c O C i r� 0 o Q c s a) m Co `o ° w p a) w U CU N C U o 2 as 0 0 c 0 oZ a o U � 00 •O a) •m 3 Z o m O" '(D 6 a) O U) c E N Q N w N CL a? a` )) _ m � CU ami E L F- 0 O a) U- . + E G C E2 Q 3 3 ' Z U� @_ E a3 O a) 0.2 O U 0 co � o •c c CL ��� Name: IT Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) Name of Person Completing Form: 1 1. Total Federal Budget $ 3. Amount of Previous Invoices $ Date of Claim: Claim Number: Claim Period: 2. Amount This Invoice $ (75% of your current claim) 4. Remaining Federal Balance $ (Subtract lines 2 & 3 from line 1) Sub Object Budget Line Item Exceeds Federal Local Code Categories Disallowed Budget Funds Match Salaries & Benefits Contractual Services Operating/ Capital Equipment Expenses Total Claim Category Totals We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this Claim $ (75 %), the balance of costs, $ (25 %), to be recorded as our in -kind contribution to comply with the local match requirements. Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Chief of Police /Other City Official Payment Approved, Miami Dade County Miami Dade County Page 2 of 3 Record Improvement Project SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Date of Type of Total Officer /Staff Activi Activity* Hours '(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS AT $ PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE: OFFICER/STAFF SOCIAL SECURITY NUMBER: CHIEF OF POLICE /CITY OFFICIAL SIGNATURE.. I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note: Payroll registers, time sheets and OT slips, documenting payroll expenses, must be attached to process this payment. Miami Dade County Record Improvement Project City: Project Name: Vendor Page 3 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies, Material Expenses) Date of Claim: Claim Number: Item Date Check Descriotion Paid Number Amount TOTAL AMOUNT OF EXPENSES: NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. �a ATTACHMENT D ATTACHMENT D DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an 'N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. 1, , being first duly sworn state: Aff ant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address I City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) C If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership s I of 5 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable - beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. H. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? _ Yes _ No 2. Does your firm provide paid health care benefits for its employees? Yes No Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females Males Females: Males Females III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2of5 The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make -up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development .175 N.W. 1" Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI -DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has _ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: I . danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 3 of 5 _VI. MIAMI -DADE' EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section I IA -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the, Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. _VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _VIII. MIAMI -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole .source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. _DC. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 4 of 5 _X. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R- 702 -98 and R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At 11A -60 Et. Seq, of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at 11A -60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami - Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A all affidavits that do not pertain to this contract. (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of known to me or has presented- (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) 5 of 5 (Date) He /She is personally::••�;� as identification. ' ...... • • ' • (Serial Number) (Expiration Date) Notary Seal ATTACHMENT D1 ML4MI- DADECOUNTYFLORIDA ATTACHMENT D1 Form A -12 Code of Business Ethics In accordance with Resolution R- 994 -99 each person or entity that seeks to do business with Miami -Dade County shall adopt the Miami- _Dad_e County /Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade County /Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami -Dade County /Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. ' This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami -Dade County /Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to comply with the principles of Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A -12. Compliance with Government Rules and Regulations • We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and reaulations and in the open; • We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection and Compensation of Contractors, Consulting, Vendors, and Suppliers • We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; • Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. 9/6/2006 Pagel of 3 MIAMI -DADE COUNTY, FLORIDA Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no .off the books" transactions or secret accounts Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; • We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive, appropriate to the request for proposals /qualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. • We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns • We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; • We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; • Our contributions to political parties, committees or individuals will be made only in accordance With applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; 5 • We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. 9/6/2006 Page 2 of 3 MIAMI -DADE COUNTY, FLORIDA • We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass - through Requirements • This Code prohibits pass- through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space Equipment and Staff Requirements or Flat Overhead Fee Requirements • This Code prohibits rental space requirements, equipment requirements, staff requirements and /or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and /or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization • This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 200_ by is personally known to me or has presented as identification. (Signature of Notary) (Print or Stamp of Notary) 9/6/2006 Page 3 of 3 (Date) day of (Type of Identification) (Serial Number) (Expiration Date) ATTACHMENT D2 Attachment D2 MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93 -129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County. By: (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_ by He /She is personally known to me or has presented , , , , • , , (Type of Identification) as identification. (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) (Serial Number) (Expiration Date) Notary Seal sioi I, ATTACHMENT D3 Attachment D3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami -Dade County by for (print individual's name and title) (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .......... 2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by a indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or, entry of of plea of guilty or nolo contenders. ` �r 4. I understand that an "affiliate" as de;ired in paragraph 287.133(1)(a), Florida Statutes, means••' 1. A predecessor or successor of a person convicted of a public entity crime, or.2 Aent uri the control of any natural person who is active in the management (J entit and�w convicted of a public entity crime. The term llaffiliate7z includes those= executives, partners, shareholders, employees, members; ands .e management of an affiliate. The ownership by one, person ofshare icon . interest in another person, or a pooling of egmpmen of income s' ` n e 4 market value under an arm's length agreements - shal�zl e a pr e controls another person. A person who knowmgly ent�nt�toi has been convicted of a public entity Grim mnFlQrid xuringtll eCed n a considered an affiliate £ `� a ,N s 1 of 2 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known OR Produced Identification (Type of Identification) (Signature) day of Notary Public - State of My commission expires 20 1; (Printed typed or stamped commissioned name of notary public) 2 of 2 ATTACHMENT E 5. I understand that a "person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person' includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known OR Produced Identification (Type of Identification) (Signature) day of , 20 Notary Public State of My commission expires -4- (Printed typed or stamped commissioned name of notary public) 2 of 2 ATTACHMENT E MIAMI -DADE DEPARTMENT OF HUMAN SERVICES BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104)'-. - Name of Organization: Address: REQUIRED LISTING. OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit the list of first tier subcontractors or sub- consultants who will perform any part of the Scope of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used "; do not state "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT •: In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit a list of suppliers• who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used ", do not state "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Firm Name: Date: Fed. ID No. Address: City/State/Zip: Telephone- ) Fax: ( ) E -mail: South Miami bgkd AII-a WkaCRY I CITY OF SOUTH MIAMI 1111. OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Stephen A. David, Interim CRA Director From: Yvonne S. McKinley, City Manager Date: October 17, 2006 Subject: Approval of SMCRA Proposed FY 06/07 Budget Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI APPROVING A BUDGET FOR THE SMCRA AGENCY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007; AUTHORIZING THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE AGENCY TO SUBMIT THE BUDGET TO MIAMI - DADE COUNTY FOR APPROVAL; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Reason /Need: On October 9, 2006, the South Miami CRA Board held a budget workshop to discuss the FY 06/07 SMCRA Proposed Budget. During a public hearing held on October 17, 2006, the SMCRA Board approved the proposed budget for the fiscal year beginning October 1, 2006 and ending September 30, 2007. As indicated in Exhibit 1, the proposed budget includes total revenues of $1,835,656 including $1,571,798 in city and county tax increment financing revenues, $253,047 in "cash carry over" revenue and $10,811 in SMCRA interest revenue. Major areas of funding emphasis in the FY 06/07 proposed budget include: • Land Acquisition of Property Required to Develop Madison Square; • Renovation of the SMCRA Mobley Building for Community Orientated Office and Business Space; • Rehabilitation Assistance for Existing Affordable Housing Stock; and • Economic Development and Job Creation Assistance. Approval of the attached resolution shall approve the FY 06/07 Budget and authorize the Agency to submit the budget to Miami -Dade County for approval. Recommendation: Staff recommends approval of the attached resolution approving the SMCRA FY 06/07 Budget and authorizing the SMCRA Agency to submit the budget to Miami - Dade County for final approval. Backup Documentation: Draft Resolution FY 06/07 SMCRA Proposed Budget I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI 6 APPROVING A BUDGET FOR THE SMCRA AGENCY FOR 7 THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND 8 ENDING SEPTEMBER 30, 2007; AUTHORIZING THE 9 EXPENDITURE OF FUNDS ESTABLISHED BY THE 10 BUDGET; AUTHORIZING THE SMCRA AGENCY TO 11 SUBMIT THE BUDGET TO MIAMI -DADE COUNTY FOR 12 APPROVAL; PROVIDING SEVERABILITY; AND 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the SMCRA is a Community Redevelopment Agency 16 which is a municipality located in South Miami, Miami -Dade County, 17 Florida, created under the City /County Interlocal Cooperation Agreement; 18 and, 19 20 WHEREAS, a budget workshop on the proposed FY 2006 -07 21 Budget was held by the SMCRA on October 9, 2006 at South Miami City 22 Hall, 6130 Sunset Drive, South Miami, Florida 33143; and, 23 24 WHEREAS, a public hearing on the proposed FY 2006 -07 Budget 25 was held by the SMCRA on October 17, 2006 at South Miami City Hall, 26 6130 Sunset Drive, South Miami, Florida 33143; and, 27 28 WHEREAS, the proposed FY 2006 -07 Budget was approved by the 29 SMCRA Board on October 17, 2006; and 30 31 WHEREAS, the amount of funds available equals the total 32 appropriations for expenditures and reserves. 33 34 NOW THEREFORE BE IT RESOLVED BY THE MAYOR A 35 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 36 THAT: 37 38 Section 1. The above recitals are true and correct and are 39 incorporated herein by reference. 40 41 Section 2. The Budget of the South Miami Community 42 Redevelopment Agency (Attached as Exhibit 2) for the fiscal year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 beginning October 1, 2006 and ending September 30, 2007, was considered at a public hearing and is approved and adopted. Section 3. The Budget shall be transmitted to Miami -Dade County pursuant, City /County Interlocal Cooperation Agreement for the SMCRA agency. Section 4. The funds appropriated in the budget may be expended in accordance with the provisions of the budget, the Community Redevelopment Plan, and as authorized by the law. PASSED AND ADOPTED this day of October, 2006. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. 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OD CD 4) a O N n O CD N N O 4, O p U) V 01 a 0 N 'eF 01 a 0f O OI CD oa r o� oa a LLm ILm U. U. co 0 a „ O N O f� P LO O d d 0 °' (O O 0 O GI d La C d d N C 00 co G 1 co 1• 4 = a O O O O p C .a O O Cif O> N E m d' d' >- E m r (O i South Miami AFMNMCb CITY OF SOUTH MIAMI ) I I I r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager Date: October 17 2006 f11A. enda Item No.: 1 41 Subject: Organizational Structure of the Office of _the City Manager; creating the position of Assistant City Manager. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE CITY MANAGER; CREATING THE POSITION OF ASSISTANT CITY MANAGER; PROVIDING FOR TERMS, CONDITIONS AND AN EFFECTIVE DATE Request: To continue improving our services, I have offered Mr. Ajibola Balogun the opportunity to serve as Assistant City Manager. To effect the change, we need to create the position of Assistant City Manager for the Pay Plan which had been previously eliminated. Mr. Balogun will continue to oversee the Department of Public Works and has restructured this department in a manner clearly delineating the engineering /technical . aspect of the department from the operations side. If approved, this will have a savings of $45,000 in the approved, budget of the City Manager's Office. Reason /Need: Cost: To provide drainage improvements Citywide. N/A Funding Source: Current Approved budget fir the City Manager's Office Backup Documentation: CI Proposed Resolution O Exhibit A — Job Description for the Assistant City Manager 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE CITY MANAGER; CREATING THE POSITION OF ASSISTANT CITY MANAGER; PROVIDING FOR- TERMS, CONDITIONS AND AN EFFECTIVE DATE. WHEREAS, the City Commission needs the services of an Assistant City Manager to assist the City Manger in the day -to -day operations of the City, administrative services, preparation and presentation of the proposed budget, preparation of commission agendas and other matters integral to the efficient management of the City's administration; and, WHEREAS, the organizational framework for the office of the City Manger does not currently provide for the position of Assistant City Manger; and, WHEREAS, the creation of the position of Assistant City Manger will not require any increase in the total salaries and wages approved by the City Commission in the 2006 -2007 budget for the office of the City Manager. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That organizational framework for the office of the City Manager shall be amended to provide for the position of Assistant City Manager. Section 2. The job description for the position of Assistant City Manger attached and incorporated into this Resolution as Exhibit A, is hereby approved and adopted. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2006. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by eve}stfiking. Exhibit A. Job Description ASSISTANT CITY MANAGER CITY OF SOUTH MIAMI DEFINITION Assists the City Manager in the overall administration of City operations and manages a variety of special projects and programs; performs other duties as required. DISTINGUISHING CHARACTERISTICS The Assistant City Manager has the responsibility for assisting in ,:the administrative operations of the City. The Assistant City manager may ybe- assigned the management of a variety of special projects and programs such as Economic Development, Educational Programs, Affordable Housing, contract administration; and finalizing cable television franchise agreement. SUPERVISION RECEIVED /EXERCISED Administrative direction is provided by the City Manager. Supervisory responsibilities include the direct and indirect supervision of managers and other assigned staff. ESSENTIAL DUTIES Assists the City Manager in the administration of City operations; plans and administers economic development activities; oversees the City's contracts to ensure vendor compliance with agreements; manages activities related to the City's cable TV franchise; oversees the City's data processing operations; coordinates with City staff on Grants and oversees preparation of City applications for grants; assists in the negotiations of a variety of City contracts and agreements; assists the City Manager and City Attorney with draft ordinances, contracts, and resolutions; conducts research and special studies on a variety of subjects as assigned by the City Manager; prepares and submits a number of annual reports regarding City operations assigned by the City Manager; oversees a variety of special programs assigned by the City Manager; makes presentations to community groups regarding City programs and operations; provides staff support to the City Commission and special committees; responds to a variety of inquiries and complaints— received from the public; assists in the development and recommendation of programs to assure the economic development and financial vitality of the City; represents the City with other governmental agencies on a variety of program areas. South Miami NNAm�icaClty CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager, From: Sanford A. Youkilis, Acting Planning DirectorA Date: October 17, 2006 ITEM No. /50 Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63ra TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6151 SW 63rd Terrace. It is one in a series of proposed historic designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. The designation of the building is based upon its unique architectural style (vernacular wood siding) in the CRA district and in the City of South Miami. The Designation Report describes the significance of the property on p. 6. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 3 ayes 1 nay (Ms. Dison) recommending that the historic designation be approved. The Planning Board at its September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63rd Terrace be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7 -31 -06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY PAComm Items\2006 \10 -3 -06 \6151 SW 63 TerrHP -OV CM report.doc South Miami �_`� � All- AmeriCaCitY t ' $, :v 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305 - 663 - 6326 (F) 305- 668 -7356 CERTIFIED MAIL October 6, 2006 Ms. Deborah Powell 13921 SW 158th Street Miami, FL. 33177 RE: Planning Board Item No. PB -06 -022 Historic Desination- 6151 SW 63 Terrace Dear Ms. Powell: This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been scheduled for second reading and public hearing at the Tuesday October 17, 2006 City Commission meeting which begins at 7 :30 PM, in the City Commission Chambers, South Miami City Hall. I Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub- section (F)(3) states that a property owner may file a written would require a 4/5 vote of the City Commission for approval. objection to the designation which If you have any questions, please feel free to call me at 305- 663 - 6325. Sincerely yours, anford A. You ilis, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY PAComm Items\2 .006 \10- 17- 06\Applicant's Notice PB -06 -022 6151 SW 63rd Ter.doc 4 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic - sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of the Historic -Preservation Board, the Environmental Review and Preservation: Board, the City Commission, the City administrati on or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the. members of the board. The Historic - Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV' Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review r PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at .the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. i r I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED 7 AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN 8 HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 9 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WFIEREAS, Application No. PB -06 -022 was submitted to the Planning Department by the Historic 14 Preservation Board , said application requesting to amend the official zoning map of the City of South 15 Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified 16 as 6151 SW 63rd Terrace; and 17 18 WHEREAS, the Historic Preservation Board at its July 31, 2006 meeting reviewed the Designation 19 Report for 6151 SW 63rd Terrace and recommended that the proposed site be designated historic; and 20 21 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 22 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and 23 24 WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV 25 zoning to 6151 SW 63rd Terrace, the Planning Board recommended approval by a vote of 7 aye and 0 26 nays; and 27 28 WHEREAS, the City Commission desires to accept the recommendations of the Historic 29 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 32 OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 35 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 36 property identified as 6151 SW 63rd Terrace. 37 38 Section 2 . That the Designation Report for the building at 6151 SW 63rd Terrace as prepared by 39 the South Miami Planning Department is identified as Attachment "A" and is attached to and made part 40 of this ordinance. 41 42 Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 43 6151 SW 63rd Terrace and the provisions contained in the Land Development Code pertaining to review 44 of building permits, certificates of appropriateness, and demolition are applicable to the property at 6151 45 SW 63rd Terrace. 46 47 48 49 50. 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I' Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A" ( Designation Report for 6151 SW 63rd Terrace) day of , 2006 P:\Comm Items\2006 \10 -3 -06 \6151 SW 63 Terr HP -OV Ord..doc APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: SouT4 South Miami C0 L All-AmeficaCky U INCORPORATED 1927 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director Date: September 14, 2006 RE: LDC Map Amendment —HP -OV (Historic Designation) 6151 SW 63 Terr PB -06 -022 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting reviewed an historic designation report for the a single family residence located at 6151 SW 63rd Terrace. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HP -OV Rezoning September 14 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off-street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6151 SW 63rd TERRACE The home built in 1946 and located at 6151 SW 63rd Terrace is one in a series of proposed designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. As stated in the Designation Report (pp.5,7) the significance of the building is as follows: The home is a simple one story, vernacular typical of post -World War II suburban development. The home is of frame construction, finished with horizontal wood siding. Its wood frame vernacular type is a rare survivor in the South Florida environment. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 3 ayes 1 nay. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5 -7). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 14 2006 (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non - conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by the Historic Board without a fee and without the requirement to prove hardship. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OW district over the existing zoning district for the building at 6151 SW 63rd Terrace be approved. Attachments: Designation Report Historic Preservation Bd Minutes Public notices DOD/ A�i/�. P:\PB\PB Agetas Staff Reports\2006 Agendas Staff Re P orts \9- 14- 06\PB -06 -021 6151 SW 63 Terr HP -OV Report.doc AT 6151 SW 63rd Terrace SOUTH MIAMI, FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department City of South Miami HP -06 -005 Designation of Property as an Historic Site 6151 SW 63rd Terrace 5960 r 5961 ff 5960 r1 �1 5961 6241 6231 6221 6211 �ry �3 5936 5933 5932 5933 5975 5959 5943 5931 5921 5811 1 S — 6001 5952 5949 5948 SW 6OTH S ,0 6000 @ 2 N N +I m °0 6230 6004 �'4 `^ 'TER � � 6001 0 � �°�, 5 0 ° � ;, 6013 ;,SW 60TH w 6030 o -ly - s 5t 6061 se,�, 6029 75 H N fy SW 61ST ST z7 g �°� ;� s°3j W 61�f ST 60'0 t r`s � Q,ft - -•- �. rr&f. ° at •.5 097 5974 5958 tO 0 tiX-' �• I ° ° SW 61ST ST 6 ti's_ N 6111 'ti, 0 1l o II a r /� '',,t �'x ✓%- �11ti �1 y II drys 6227 � 6 26 ^ F—y � °' S''�, X02 � `�`1 � < 0 613 o, SW 62N . ■ .. ■ tea, ,6011 = -yF = r ti w — - y 6180 I} o N o •� Q r 6140 ° ,S' 6000 m • a� 6190 �'46201 N ,� > 6208 6201 >' 1 N 6231 622 CO " o 0 6017 6200 62N ' .�' 6225 •" OTER ;'h R s23sS 62ND TER w 6239 Luc;: 6230 l 6250 Q, S B ECT 6176 6100 ° `°�" 6253 6257 m ° CL ° U 6253 P OP RTY ° 6273 6238 6273 °i 6260 (/1 64 6289 6288 6289 rn c N 6255 ro SW 63 T - 6290 O o szso CO 6.Zg0 6321 81 D 0040 N 6316 6317 SW 63RD ST 6321 6300 m 6300 SW 63RD TE a I s3s7 6 ° SW 63R s3s 6364 6351 r 6380 m 6210 ��j 6373 'n SW 64TH S 5978 .°. 5944 6401 st 6401 6400 6401 6400 6475 1 6412 S o w 64 6429 6429 6428 6443 6411 6410 6411 6410 6411 ,f` �• o $ °° 6420 6443 6442 6443 6442 6445 6421 6420 6421 6420 6421,' 6,�y 456 6457 6450 6 - 6461 6124 6100 6431 6430 6431 6430 6431 .6470 s�4' - `O 6420 6471 61D5 `O 6487 ° 6481 6509 6500 6501 6500 6501 6500 6501 0 F 6505 6500 6501 I— 6518 CA o 6511 6510 6511 6510 U 6511 F- 6519 6516 ZN - V1533 6532 6521 6520 6521 6520 N 6521 6135 � `SO 6551 6571 to W6531 6530 6531 fi530 � 6531 � G87 6540 s y m SW 66TH S SW 66TH ST 6601 � 6601 6600 .I 6601 6600 6600 6601 C ° 6 0 6600 6601 I..., 6611 (p ,C ^ A 5963 6647 U 6611 6610 6611 6610 6621 I i ;' SW 66TH TER C.0 6621 6620 6621 6620 (� �t, Is. -T fir 6669 H 6631 6640 6631 6630 6127 5ti,� s`', !`•`' tr 5961 6631 - - 6701 1 SW 67TH ST 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History..................................... ............................... 5 Contextual History ...................... ..............................6 Architectural Distinction .............. ..............................7 Eligibility Criteria ......................... ..............................7 Design Review Guidelines .......... ............................... 8 Bibliography............................. ............................... 9 Photographs.............................. .............................10 City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd'h Terrace Page 3 I. GENERAL INFORMATION Historic Names: 210 South 2nd Road (7420 SW 59th Court) Current Name: 6151 SW 63rd Terrace Location: West Half of the South West Quarter of the South West Quarter of the North East Quarter of Section 25, Township 54 South, Range 40 East. Present Owner: Christopher Bowman 6151 S.W. 63rd Terrace South Miami, Florida 33143 -2213 Present Use: Single Family Residence Zoning District: Residential — Single - Family Tax Folio Number 09- 4025 - 009 -0120 Boundary Description Lots 5 and 6, Block 2, Pines Subdivision, as recorded in Plat Book 13, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 4 II. SIGNIFICANCE Specific Dates: 1946 House Built at Unknown Location 1952 House Moved to 210 South 2nd Road (7420 SW 59th Court), South Miami by John Myers 1965 House moved by Bowman Family to present location Architect: Unknown Builder/ Contractor: Unknown Statement of Significance Although this residence has been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. While the written record does not provide for a definitive identification of its original location, more than likely, the house was built close to its present location. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. Histo Historically, the Pines Subdivision, where this residence is now located, was home to African - Americans who were prohibited from living in areas strictly reserved for whites. The Pines Subdivision Plat was filed in January 1925 by South Miami pioneers John and Mary Opsahl in 1925, and consisted of lots with a twenty -five foot frontage, half of that normally expected in white sub - divisions. The lot where the home is now located has been owned for over 40 years by the Bowman family, South Miami pioneers. Another structure once stood at this location and was rented by Ms. Eva M. Ellis, according to the 1953 -54 Greater Miami Suburban Directory. This first house was demolished in April 1965 possibly due to damage from Hurricane Cleo. The present structure moved from 7420 S.W. 59th Court to make room for the construction of an apartment building. In relocating the house to this site, its orientation was shifted ninety degrees. As one of the few remaining wood frame houses built in South Miami during the 1940's, the residence at 6151 SW 63rd Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War II period across the region. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd}h Terrace Page 5 Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917, the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s, all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933, the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately foursquare miles. The perception of South Miami as a principally agricultural area would change dramatically when America began to gear up for its entry into World War II. South Florida became an enormous training camp for the soldiers who would be called to battle. By the time the war ended in 1945, the nation once again experienced economic prosperity, and South Florida was besieged by hundreds of returning servicemen who made this their permanent home. The evidence in the growth of the City of South Miami is reflected in its building permits. In 1936, the city reported the value of new construction at $53,700. In 1948, the total reached $1,764,964 and during the first six months of 1949 the total was $672, 885. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdfh Terrace Page 6 III. ARCHITECTURAL DISTINCTION The home is a simple one story, vernacular typical of post -World War II suburban development. The home is of frame construction, finished with horizontal wood siding. Currently the house lacks a permanent foundation. The building is massed in two sections, both hipped roofs, one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with asphalt shingles, extends over the walls to form broad eaves. Alterations This structure was built in 1946 at an undetermined location. In February 1952 Mr. John Myers had the house moved to two lots at what was then 210 South 2nd Road, currently 7420 S.W. 59th Court. At that location, what is now the west side faced east and was the front of the house. The front door opened into a 6' -4" diameter half round landing with steps. A garage stood at the northwest corner of the house, in line with what is now the front entry Florida Room. The garage was not relocated. In 1965, the Bowman family acquired this house and had it moved to this location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida Room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Eligibility for Designation The proposed designation of the residence at 6151 SW 63rd Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6151 SW 631d Terrace is recommended for local historic designation. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd', Terrace Page 7 Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6151 SW 63rd Terrace the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended, Specific: • One story height • Hipped roofs over the porch, and main house covered in asphalt shingles • Entry door ( now on west side) featuring a door surround comprised of pilasters on either side. • Glass light transom over entry door. • Elaborate, sculptural wooden brackets supporting the shed roof overhang above the entrance. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 8 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd1h Terrace Page 9 R r�N• b :{ 7 r n L t L IN +'. r tit 5't e� � r� 1= f l b• 4S V R r�N• b :{ 7 r n L t L IN +'. r tit XX AW Figure 2 West ( Original Front now Side) Elevation City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 11 rte. V. a FOR SALE Room r U U u • � O li i V CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations HPB -06 -005: 6151 SW 63 Terrace Action: Ms. Uguccioni presented the designation report for 6151 SW 63 Terrace. She explained that this residence had been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. This home is representative of a modest type that reflects a traditional building style, and is fitting addition to the Pines Subdivision. The lot where the home is now located has been owned for over 40 years by the Bowman family which are South Miami pioneers. As one of the few remaining wood frames houses built in South Miami during the 1940's the residence at 6151 SW 63 Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War II period across the region. Ms. Uguccioni described the architectural distinction of the home. She indicated that the home is a simple one story, vernacular typical of post -World War II suburban development, the home is frame construction, finished with horizontal wood siding. Currently, the house lacks a permanent foundation. The building is massed in two sections, both hipped roof one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with HPB Minutes July 31, 2006 Excerpt Page 2 of 2 asphalt shingles, extends over the walls to form broad eaves. In 1965, the Bowman family acquired this house and had it moved to its present location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Ms. Uguccioni noted that the proposed designation of the residence located at 6151 SW 63 Terrace meets the following criterion contained in the South Miami Land Development Code, Section, 20 -4.9 "Historic Preservation standards ": (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristic of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. In conclusion, Ms. Uguccioni stated that the residence located at 6151 SW 63 Terrace is recommended for local historic designation. At this point of the meeting the daughter of Christopher Bowman, Ms. Deborah Bowman Powell spoke on behalf of her recently deceased father who was the owner of the house. Since, she now is overseeing the house she still is analyzing the advantages and disadvantages of historic designation. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Chael seconded the motion. Vote: Approved 3 Opposed 1 (Ms. Dison) DOD /SAY /pl PAComm Items\2006 \10- 3- 06\Excerpt HPB Mins 7-31-06615163 Terr.doc 1927 v 7 it t CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT I. Call to order Action: Mr. Morton, Chair called the meeting to order at 7:33 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -022 Applicant: City of South Miami Location: 6151 SW 63 Terrace AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Staff explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located at 6151 SW 63 Terrace. Following a public hearing, the Board adopted a motion recommending that this residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In PB Minutes September 14, 2006 Page 2 of 3 this case, the "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Staff stated that the designation report for this property which is being presented to the Board tonight was prepared by the historical resource consultants Ms. Ellen Uguccioni and Antolin Carbonell. The designation report described the architectural distinction as well as the historic significance of the house. Staff indicated that the house is a remarkable survivor that shows the type of materials and construction methods that were used in the 1940s. At this point, Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non - conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by the Historic Board without a fee and without the requirement to prove hardship. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63 Terrace be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied that the owner (Ms. Powell, daughter of Mr. Bowman) was not present however; she was in support of the designation. Motion: Ms. Yates moved to recommend approval of the designation report. Mr. Comendeiro seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel KAHPB Historic Bd\PB Minutes12006 Minutes\PB Mins 9- 14- 06.doc y1 rents r ,'ii ti F 6" 0 MIAMI DAILTBUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays NOTICIE`18 H&ESVII that Ore Clay COrrsrdnlonbftile'Cityof South ', Miami, Miami•Dade County, Florida Muitrill., Florlde,wil,,corilkict., Public �Haterlew,*t0bij r Cfty'' Commlitsion, meeting sdtaduled +:fot�Tueadry STATE OF FLORIDA beginning 911431) pkiri the Clilytorterisdorr bervir" 6130 Sunset toconsidertheficilivivingfilienw#tj- s, as COUNTY OF MIAMI-DADE: 4 N NAi 6kAiii&ii,', OW Before the undersigned authority personally appeared tillillM E; N OF Is SOOKIE WILLIAMS, who on oath says that he or she is the . E CITY OF SOUTH ML4M,i FLORIDA, �PjELA71MGTOA, VI the Miami Daily Business REQUEST TO ANIEN111THE OFFICUILMNING MAP. & THE,`�'-' CE PRESIDENT, Legal Notices of CITY.OF-SOUTWMlAMPLAND DEVELOPMENTXODIi-SlYf"'1� Review Midst Miami Review, a daily (except Saturday, Sunday .DESIGNATING -AtINGLE. FAMILY RESIDENTIW.OtHtLDItuNG4,�,-t-�,I and Legal Holidays) newspaper, published at Miami in Miami-Dade LOCATED AT,6151 ISW163rd;TERRACEi'AS ANSHISTOIUC��''.-,�; 3111115�Allfl) BY County, Florida; that the attached copy of advertisement, I PLACEMENT W-AN4111STORIC-PREBERVA.,- being a Legal Advertisement of Notice In the matter of TION=OVERLAY' OZONE: #iP-OWVVER.!JHEAE)US11NO 'r,.�i -'ZONING USE DISTRICT FORrTHIWFIROPE!nY.' PROVIDING,., ' FOR SEVERABIUTY,' PROVIDING ,F RJORDINANCES 11 1 0 N. CITY OF SOUTH MIAMI CONFLICT; AND PROVIDING AN EFFECTIIVIEOAMVpjf'S, .r` Py PUBLIC HEARING - OCTOBER 17, 2006 X AN ORDIk0WCE,`6PMk-ik6ii AND i'd I mmi OF THE CITY OF SOUTH MIAMI, FLORID E in the XXXX Court, REQUEST TO AMEND THE OFFICIAL ZONING was published in said newspaper in the issues of CITY OF SOUTH* MIAMI LAND DEVELOPMENT DESIGNATING A SINGLE FAMIkYRES1 re ILDING 10/06/2006 LOCATED AT OM $IN 63rd COURT-AS :HISTORIGSITE AND BY PLACEMENTIOF,`,- AR =HISTORIC�PPEOMATION' OVERLAY:ZONE! (HP-M'OIIER',,TH OHMNOIZONINW--','�'-- Affiant further says that the said Miami Daily Business USE._DIST%ICTt FORETHIS, PROPERTY,3 PROVIDING FOR 'SEVERABUW.,��PROVIDINGizi,FOR�4,ORDIKMCEB;.,� IN T Review is a newspaper published at Miami in said Miami-Dade CONFLICT; AND'' i % T PROVIDING AN EFFECTIVE DAT&r,,'.,.- County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade C w ABP County, wj�jll .A RESOLUTION OF-,THE:iai6kiA*Dlcift�dbiiiissi,16i!-�,,,.� Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE. CITY OF SOUTH MIAMI, FL&EA ii!!LATINGJO and has been entered as second class mail matter at the post THE ISSUANCE OF, A CERTIFICATE ,OF,,APPROPRIATE..'i—.Z� office in Miami In said Miami-Dade County, Florida, for a 'NESS PURSUANT. TO SECTIPlill.20-SAII(EXII) OF THE LAND period of one year next preceding the first publication of the DEVELOPMENT'CODE; FOR',THE 1LACEMENT,OF�W, attached copy of advertisement; and affiant further says that he or SIGNS FOR'MANARA,FiESikiRANTON�A;DESIGNATEO.' she has neither paid not promised any person, firm or corporation ..HISTORIC BUILDING.LOCATED%AT.-,Sw,?SUNSETiORfVE"I'-�:.I (SHELL1127SUILDING); PROVIDING AN EFFECTIVEDATE.,�'v�'. d' I, rebate, commission or refund for the purpose ,W . -;�x. advertisement for publicafl6n in the said --A ItItSOLUTION' OF-tFIE,'"�bk - K;l OF THE CITY OF SOUTH MIAMI, RELATING TOA REQUEST • PURSUANT TO SECTION 20-10.6 OFTK LAND D MENT' CODE, FOR A- SPECIAL-.,. USE :APPROVAL F7 ii INCR-EASETHtHEIGHTOFANEM)08"7niNGS i E LAR ANTENNA INSIDE THE CROSS ON PROPERTY Sworn to and subscribed before me this :EDAT 6330 SINA(lith'STREET WTMIN E I" ' PUBLIC INSTITUTIONAL--ZONING USE DISTRICT PROVIDING FOR 06 day ofOCTOBER A.D. 2006 AN EFFECTIVE DATE. , A RESOLUTION OF THE MAYOR S CITY �COMMISSION OF NO TO k ,THE CITY OF SOUTHMKMI, FLORIDA; . ' REQUEST FOR TWOVARIANCES F,ROM, 014.207�3 . 5(0)"-?" ' OF THE LAND DEVELOPMENT CODE; L THE10T�: (SEAL) Cheryl H Hamner AtIIUILDING SITEITID BE.70WSQUAREtl` 40 ON is ion DDS38550 ,WHEREL.A,MINIMUMLdT,�SIZE,OF,75 :EGUARE�F M FRONTAGE,111111 RE',75 FEET SOOKIEWILLIAMSpers.nall',* YnC.-mm'" REQUIRED AND 4gFEET OF E 11,4W I Expires July 18, 2008 IS REQUIRED; A VML4kNCE FROM THE IPARIONd,'SPACE".;.--I DIMENSIONAL;; JI[EQUIREMENTi, GRAPHICi^OF:: SECTION, 20-4A OF THE LAND DEVELOPMENTCODIf.,TO�PERMI A RESOLUTION EET 6 INCHES OF,ABUTTINGIQLANDSCAPE�,,ON -THE TION dt TAt"'iW )Wbi OF THE CITY OF;SOUTH MIAMI, FLORIDA; RELAnNGTO A-`i` NORTH .,SIDE; OF,, THE- PROPERTY,. HER.E 5r FEET ; ?JS REG I U EST,;TOALL OWFOR THE1CREATON OF ; -,PEQUIRED; ALL ON PROPERTY.LOCATE DAT764I S11 62 AND 'r ON PROPERTY SPEC 'AVENUE, SOUTH MIAMI; FLORIDA, WITHIN IRO-RES IFICALLYLOCATEDAT611111111,,0', i r DENTLWOFFICE ZONING,USEDISTMMCT-.*Hrm PUR'PdSE- �-Slllf 011TH -AVENUE, SOUTH—MIAMI, moipjm WITHIN THE- .VARIANCES IS TO PERM1`r,THE,CONSTRU CTION OF :RS-3"LOWDENSITY.RESIDENTIALZONING S OF AWO. STORY. OFFICE BUILDING AND PROVIDINGI��'. I- .--PERMMMD�13Y.,PRGMSl6NiPERTAIINIMNOM R, T z PLAT AS SET FORTH IN SECTION Fi 0 FOR ANEFFEC nVEDATE. MIAMI LAND-DEVELOPMENTCODE;.."AMM 0 THE:MtAMl DADECOUNTYCODE; THE PURPOSE,OF- THE ;ri.,g. WAIVER OF PLAT IS TO ALLOW FOR THE CONSMU160114,tt, 1: FORAM ALL 6"e"illeel are"IrMlid to Punklard to Flat - [do Staliulies-'288 public that If a person daddles tc Board, Agency or Commission will Its meeting or hearing. he or shis v and that for such purpose, afteote verballm.recoird of the proceedfing testimony and evidence upon whici IWO t Hi �'Y�`.....i�Y South Miami 4noca ; CITY OF SOUTH MIAMI III �® OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning rector Date: October 17, 2006 16 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6925 SW 63 d Court. The owner of the structure approached the Planning Department requesting that her property be designated historic. The designation of the building constructed in 1926 is based upon its unique architectural style (small scale Mediterranean Revival style cottage). The Designation Report describes the significance of the property on p. 7. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 4 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63rd Court be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7 -31 -06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY PAComm Items\2006 \10 -3 -06 \6925 SW 63rd Ct HP -OV CM report.doc South Miami All -wedca cky 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 6, 2006 CERTIFIED MAIL Ms. Roxanne Scalia 6925 SW 63`d Court South Miami, FL. 33143 RE: Planning Board Item No. PB -06 -023 Historic Designation 6925 SW 63 Court Dear Ms.. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been scheduled for second reading and public hearing at the Tuesday, October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy' of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written j objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305 - 663 - 6325. Since ely yours, S ford A. o ills, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\ 2006 \10- 17- 06\Applicant's Notice PB -06 -023 6925 SW 63.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of the Historic -Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the members of the board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "IIP-OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off -street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. I . I I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN 7 AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN 8 HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION 9 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR 10 THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING`. FOR 11 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, Application No. PB -06 -023 was submitted to the Planning Department by the Historic Preservation Board , said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP-OW Historic Preservation Overlay zoning district for property identified as 6925 SW 63rd Court; and WHEREAS, the Historiq Preservation Board at its July 31, 2006 meeting reviewed the Designation Report for 6925 SW 63rd Court and recommended that the proposed site be designated historic; and WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV zoning to 6925 SW 63rd Court, the Planning Board recommended approval by a vote of 7 aye and 0 nays; and WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property identified as 6925 SW 63rd Court. Section 2 . That the Designation Report for the building at 6925 SW 63rd Court as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 6925 SW 63rd Court and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness, and demolition are applicable to the property at 6925 SW 63rd Court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I' Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A" ( Designation Report for 6925 SW 63' Court ) day of , 2006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe : Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: P: \Comm Items\2006 \10 -3 -06 \6925 SW 63rd Ct HP -OV Ord..doc O� $OUT411 NcORPORATED 1927 �OR -� South Miami AMmedcaCKY I I.F 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director Date: September 14, 2006 RE: LDC Map Amendment HP-0V (Historic Designation) 6925 SW 63 Ct. PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63rd Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting reviewed an historic designation report for the a single family residence located at 6925 SW 63 Court. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HP -OV Rezoning September 14, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6925 SW 63 Court The historic designation of the home located at 6925 SW 63 Court was requested by the property owner. The single family home was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. The home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior Walled courtyard, the use of a clay barrel tile for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon VA- dtsit. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 4 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5, 6,7,). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........... (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's RS -3, Single Family Low Density Residential zoning district. LDC HP -OV Rezoning September 14, 2006 (3) RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63`a Court be approved. Attachments: Designation Report Public notices DOD /SAY: P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \9- 14- 06\PB -06 -022 6925 Sw 63 Ct HP -OV Report.doc THE FORMER JESS WHITSIT RESIDENCE AT 6925 SW 63rd Court SOUTH MIAMI.. FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department 6637 m 6540 6550 10 --1 r !1 r ti 6624 6618 6 F=- 69x6 a Ir 6840 OW4 6924 6944 6954 W 7006 Q S 7028 LO 7048 1n 7112 7132 v 6636 CO 6666 -y 6700 i� 1 ,0 6'12 v 5W 68TH ST City of South Miami HP -06 -006 Designation of Property as an Historic Site 6925 SW 63rd Court 6521 6520 6531 8530 6521 6520 6521 fi5 6531 6530 6531 65 4 _ SW 66TH ST 6380 6600 6601 66 W 6611 6610 6611 66 > U 6621 = 6620 6621 66 F- Cl) 6641 6630 6831 66 L7 6700 6701 67, 6701 6711 6710 6711 67 6721 6720 6721 67 6731 6730 6731 1 67 SUNSET DR 6500 6340 6330 0 6310 7220 7223 7230 7231 7240 7230 7240 7243 7240 7241 6521 6520 6531 6530 6601 6600 6611 6610 6621 6620 6631 6630 6701 6700 6521 6531 6601 6611 U sszl 0 C'4 6631 f0 6600 6711 10 6711 6710 6718 6721 20 6721 6720 30 6731 6730 6791 SW 68TH ST 1 6801 6800 ��, { 6801 6800 1 6815 1^- +�'- -�__�� 6810 I I 6825 6820 6825 SVOT f'� �' -•v_ Bg41 --� �, y�° it r 6�9 �ry �f 6917 8240 6230 6929 m 6931 m 6201 6941 m 8940 �� 6941 SW o 7009 7015 7101 7105 7107 N 7111 7121 W* E N (� 1 S SW 72ND ST a 0 2 6280 N [0 m 7231 (n 9000 T 12 0 100 200 300 600 900 1,200 1,500 Feet 6250 W � m TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History................................... ............................... 5 Contextual History .................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines .......... ............................... 8 Bibl iography........................... ............................... 10 Photographs.......................... ............................... 1.1 City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 3 I. GENERAL INFORMATION Historic Names: The Jess Whitsit Residence 213 North 5th Road Current Name: 6925 SW 63rd Court Location: South West Quarter of Section 25, Range 40 East, Township 40 South Present Owner: Roxanne M. Scalia 6925 S.W. 63rd Court South Miami, Florida 33143 -3344 Present Use: Single Family Residence Zoning District: Residential — Single - Family Tax Folio Number 09- 4025 - 022 -0410 Boundary Description Lots 9 and 10, Block 6, Cocoplum Terrace Subdivision, as recorded in Plat Book 25, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 4 II. SIGNIFICANCE Specific Dates: c. 1926 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance The residence at 6151 SW 631d Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel the for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. History The Biscayne Engineering Company surveyed the Cocoplum Terrace plat in February 1926 for Mr. Guy Stone, President, and Mr. Harold W. Dorn, Secretary of Larkins Properties, Inc. The plat was recorded on March 5, 1926. The "L" shaped subdivision abutted the Larkins town site on the east along S.W. 62nd Avenue. Merrimac Avenue, today's S.W. 63rd Court, and the location of the subject property provided the only access south to Sunset Drive. The subdivision was platted with curving streets, creating slightly irregularly shaped lots that originally averaged 50' x 125'. The only exceptions were the eleven lots fronting Sunset Road, intended for commercial development, which had 25 -foot frontages. Since that time, the lots in Block 6 have been combined, with the average dimension of the lots 105' x 140'. Mr. Jesse Elon Whitsit, owned the home at least as early as 1941. He was one of the contributors to a book entitled The Elementary Principles of Physics, published around 1910. Mr. Whitset was born in 1874 and the 1930 U.S. Census lists him as residing in New York City. In 1941 he added a storage room for an artist's studio to the building at the rear of this property and in 1955 he had the barrel the roof replaced. By 1957, the property had been sold to Mr. Carl Mayne. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd', Court Page 5 The predominant feature of this home is the walled enclosure along the front and side property lines that creates an interior courtyard. While no definitive record for the date of its construction has been discovered, the physical evidence suggests that it was added after the main house was built, and circumstantial evidence points to the period when Mr. Whitsit owned the house. These conclusions are based on the following observations: • There are no permits for construction of the courtyard enclosure. • The walls do not comply with present front and side yard setbacks requirements, suggesting they were built before these requirements were implemented or enforced. • The construction of a storage room for an artist's studio suggests that someone with an artistic sensibility lived in the house and was the likely author of this addition. • The 1955 permit for replacement of roof tiles could refer to these structures. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that includes modestly scaled homes designed in an English Tudor or Mediterranean Revival style, was built in 1927. The Whitset House is a contemporary of the Cambridge Lawns Historic District. By 1927, the real estate boom had abruptly City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdm Court Page 6 a� . ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933 the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. III. ARCHITECTURAL DISTINCTION The residence faces west onto SW 63rd Terrace. The massing of the home is divided into three distinct parts. The northernmost bay peaks in a shallow gable roof and rises above the parapet established by the central entrance bay. The center bay steps down to form an entrance element that originally featured two round arched openings (which have since been enclosed) and is covered in a barrel the shed roof. Immediately south of the entrance bay is a round arched porte - cochere (also subsequently enclosed), that again steps down in height and is covered with a barrel tile shed roof. A one -story garage and servant's quarters is located at the rear of the property. While there were only two existing building permits available, the physical evidence indicates subsequent additions and alterations were made to the home after its construction. In 1941 a permit was issued to Mr. Whitsit for a 9'X13' addition built onto the detached rear structure for use as a: " Store room addition to present studio- one -story high 8' X 13' ( approximate) store room - paintings, frames, etc." Mr. Whitsit had portions of the house re- roofed in 1955, but the roof parapet walls required additional repairs in 1957 after Carl Mayne acquired the property. The porch and porte- cochere have been enclosed with glass windows and in the opening of the front wall; there is a metal awning window, a type not in existence in 1925. The structures and walls enclosing the front courtyard are also an early addition, built before setback requirements were enforced. The loggia on the south side and the storeroom on the north side abut the house are also placed directly on the property line and are accessed through the courtyard. The wall that creates the enclosed courtyard on the primary (west) elevation is also thought to be constructed after the initial construction, but still within the historic period of the house. The Mediterranean Revival style was an adaptation of centuries -old designs originating in Mediterranean countries. Hallmarks of the style include: extensive wall mass with finely designed details; walls of tinted stucco; broken planes created by the use of curves, the combination of different roof slopes, the combination of one and two -story elements, and the use of interior courtyards. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd1h Court Page 7 Eligibility for Designation The proposed designation of the residence at 6925 S.W. 63rd Court SW 631d Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6925 SW 631d Court is recommended for local historic designation. Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6925 SW 63rd Court the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd1h Court Page 8 Specific: • One story height with three distinct bays at differing heights • Detached garage and servants quarters at rear of property. • Flat roof with parapet with tiled shed roof over front porch. • Walled courtyard on the west ( main) elevations of the property with an arched loggia on south side • Double- leafed wooden vehicular entrance gates, west elevation City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directories, R.L. Polk and Company, 1941, 1942, 1946, 1955 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Millas, Aristides and Ellen J. Uguccioni. Coral Gables Miami Riviera: An Architectural Guide. (Miami: Dade Heritage Trust) 2003. Plat for the Cocoplum Terrace Subdivision, dated March 1926. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 10 ElIq � tit i J k�� ElIq sa i��:� t ,. 4A:YW 1'�^•„s' Figure 2 Loggia on South side of courtyard City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdlh Court Page 12 rr Figure 3 North Side of Courtyard with Fountain City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 13 ) i. A,R 6�✓0 p �' a , cm �„ Yt S °Ar l "� �k t f ��Y exi`� �x.�',�,E�'S �' " wr }rte''°• „, �3 �:. � v :: .v � tF, _ ev - r y ti m was { a # � � �� ,�4 � `�' -'a �-�, �s. �'- ��'w,�"�✓r�`� w�,, *Sv�r w � w � �ii���t[lhili� d���a I I I t VE IR 19/2005 Jun 15 06 04:15p Ellen Uguccioni 3054455023 p.2 • .�,' -dip sm t 'k r e _ �' Ik�`! i Mq ,. ' �. j• . � S . Ste' � � �: � � `'' 4%6! »6'V'771/I FP7GtY.7VLa'!' a E w x i C L t - snw, NCORPORATEO 1927 � CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT L Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations HPB -06 -007: 6925 SW 63 Court (Jess Whitsit residence) Action: Ms. Uguccioni indicated that the residence at 6925 SW 63 Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel tile for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. Staff noted that for this proposed historic designation the owner approached staff to designate this property. The Board commended the owner, who was not present at the meeting, for the designation request. Ms. Uguccioni indicated that the proposed designation of the residence at 6925 SW 63 Court, meets the following criterion contained in the South Miami Land Development Code, Section 20.4.9 "Historic Preservation Standards:" HPB Minutes July 31, 2006 Page 2 of 2 Excerpt (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship; feeling and association and: (d) Embodies the distinctive characteristics of a type period, methods of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Dison seconded the motion. Vote: Approved 4 Opposed 0 DOD /SAY /pl PAComm Items\2006 \10- 3- 06\Excerpt BPB Mins 7 -31 -06 6925 63 Ct.doc CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT I. Call to order. Action: Mr. Morton, Chair called the meeting to order at 7:35 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63 Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE. FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. O'Donniley presented the staff report along with the designation report which was written by the historical resource consultants Ms. Ellen Ugucioni and Antolin Carbonell. The designation report described the history of the residence as well as the architectural significance of the building. Mr. O'Donniley briefly explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located PB Minutes September 14, 2006 Page 2 of 3 at 6925 SW 63 Court. Following a public hearing the Board passed a motion recommending that the residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Additionally, Mr. O'Donniley informed the Board that the historic designation of the home was requested by the property owner. The single family was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that was popular in the 1920s. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon Whitsit. Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's RS -3, Single Family Low Density Residential zoning district. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63 Court be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Mr. Morton closed the public hearing. Mr. Comendeiro inquired if the owner of the residence was present at this meeting. Mr. O'Donniley responded that the owner, Ms. Scalia was not able to attend but that she was in full support of the designation. Motion: Mr. Comendeiro moved to recommend approval of the designation report. Ms. Yates seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel KAPB Historic Bd\PB Minutes\2006 Minutes\PB Mins 9- 14- 06.doc MIAMI DAILTBUSINESS REVIEW kCiTiCtOFPUBLICHEARINC'f,."11 Published Daily except Saturday. Sunday and Legal Holidays NanctIsH E'llitifigIvi in' #661 ft" Miami, Mimi-Dade County, Florida Mllinli, STATE OF FLORIDA beginning at i:30 il.m. 4 ft Cdr &;;�Isdlm dhinbeirl;11,30 Suriset", COUNTY OF MIAMI-DADE: Drive to conaWertre(aColnnB'I!'�z -. Before the undersigned authority personally appeared ;,AM- ORDINANCE OF THEtMAYOR. AND ItIlTroCOMMISSION BOOKIE WILLIAMS, who on oath says that he or she Is the I OF THE crry oFsolifth mlAmi;FLomQA1,REu so REQUEST E kTINIGTOk-1*, VICE PRESIDENT, Legal Notices of the Miami Daily Business AMEND OFFICIAL MAP OlFzTHEF?�, - -1 Review f1kta Miami Review, a daily (except Saturday, Sunday SOUTH,WAMI'LANI):DEVELOPM]ENT�'O E-BY��,--;:' DESli3NATINCABINGLE.FMILYRESN)ENTadouiLDiiG;g';�;I and Legal Holidays) newspaper, published at Miami in Miami-Dade LorAtED-ATrel5l,SW,63rd,TERRACEiAS County, Florida; that the attached copy of advertisement, 817E -- -AND BY PLACEMENT OF:�ANMSTORIC--PREBERVA,. 'i being a Legal Advertisement of Notice in the matter of Ti ON: s OVERLAY T, ZON E IH P4 M,,,OVE R-JH E 0111 ST! N G,�`,-, -'ZONING USE DISTRICT FORTHISVROPERly;iPROVIDING FOR SEVERABIUTY., PROVIDING, FOR j, ORDINANCES, CITY OF SOUTH MIAMI CONFLICT AND PROVIDINGAIN EFFECTIVE.DATEtI IN 11 'THE M, "I PUBLIC HEARING - OCTOBER 17, 2006 /-A X' F 'Illik D, 7 IS 0. IF in the XXXX Court, ��DF SOUTH MIAMI, FLORIDAjRELATING_ was published in said newspaper in the issues of CITY TO AMEND THE OFFICIAL ZONING TY OF,8OUTH,:MLAMl LAND DEVEILOPMENTCODEr _DESJ BUI, E IGNATINGA SINGLE FAMIILY,REESIDEM�NnMa,,BUI, 10/06/2006 LOCATED CESW63PC %RTARAI�HISMP C "ANBY. PLACEMENT M HIWICPESE N OVERLAY 2ONE-, (HP-OWiOVEWITHIEs EXISTIN. NINE Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miami-Dade 2EVERABILITY;,-a PROVIDING FOX_,,tORDI ES i IN County, ON M JV FUCTOPROVIDINGANEFFECTEDATEi�,-�,,-,-�,'--",, ty, Florida and that the said newspaper has - heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) A RESOLUTION OF THE : OF THE CITY OF SOUTH IL MIAMI, FORJDARELATINGITO,, and has been entered as second class mail matter at the post THE ISSUANCE OF, A cmnrildAYE OF _APPROPRIATE office in Miami in said Miami-Dade County, Florida, for a 'NESS PURSUANT, TO SECTfPN.M.19(Ek3);OF,THE -LAND period of one year next preceding the first publication of the DEVELOPMENT,,CODE; FOW.THE: PLACEMENT'OFWALL'�',` attached copy of advertisement; and afflant further says that he or SIGNS FOR -MANARA, RESTAURANT, ON-,,A,, OlkilliGNATED she has neither paid nor promised any person, firm or corporation HISTORIC BUILDING' LOCATED ATJIIW9 SUNSET,,,DRFVE,", any d' t rebate, commission or refupd for the purpose (SHELLEY BUILDING); PROVIDING AN EFFEC71VE OATE= , ;irsadvertisement for publication in the said ne per. -A RESOLUTION OF.-THEJAAV0k=A&66.i"ijjjO1 N OF THE CITY OF SOUTH MIAMI, RELATING T6A REQUEST��'!�j"O PURSUANT TO SECTION 20-10.60F THE ,LAMODEVELOP4; MENT, CODE= FOR:,A -, SPECIAL,, USE,�,APPROVAL JO ,I :INCREASE THE HEIGHTOFAN EASTING STEALTH LARANTENNA INSIDE THE CROSS ON PROPERTY, LOCAT- Sworn to and subscribed before me this ED AT 6330 SW:•40th -STREET WITHIN „THE'. -PP. PUBLIC INSTITU111IONALZONING USE DISTRICT.:11PROVIIIINING FOR 06 day ofOCTOBER A.D. 2006 AN EFFECTIVE DATE.; , ;', - , , 1t,2- A RESOLUTION OF THE MAYOR' i CITY -806 IN THE CITY OF 1OUTH:M1AMI, FLORIDA_; N REQUEST FORTWOVARIANCES FRO M , SE . N2 OF THE LAND DEVELOPMENT CdDEJO AULOWTHPELOT�'_,,' (SEAL) Cheryl H Manner SIZE. OF AI- BUILDING ,!SITEjTO BE� 3 3 J00 � QUAR,Ej, FEET i WHEREcA MINIMUM LOT�SIZE�OF,75WS m Commission DD338559 QUARE FEET 13 YnC a BOOKIE WILLIAMS personally; gnq a ;Mj : , REQUIRED AND 50 FEET OFFRONTAGE,WHERE1115 FEET1_ 00jr Exptres July 18, 20DO IS REQUIRED; A VARIANCE FROM THE PARKING 'SPACE -`,!_,1 DIMENSIONAL— REQUIREMENT,,,GRAPHICi-OF, oSECTION., - 204A OF .THE LAND DEVELOPMENT ,CODE J6 PERMIT 2�� A RESiDUM61% OF TiWik6bifAbZiW66' RiWk FEET 6 INCHES OF_ ABUTTING OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATINGTOk.�-�,, NORTW SIDE;, OF; THE-i PROPERTY�,VVHIERE;4 FE&-AMr',, REQUEST•;TOALLOW:FOk�,MECREA'nON. F,,L OTS. :'1 av3 REQUIRED.ALL,dNPRbPERTYI,LC!dAIE6,AfTlkI iWazI._,)"I !mo -r ON PROPERTY spEciFicmALLY T 'R "XESI.,-` DENThkL OFFICE ZONINGUSE.,DISTRICT.'.. SW 6M _AVENUE,� BOUTHJAIAMI, FllbiMU HIN, SIX SE NING I RS-3 'LOW DENSITYRESIDENTIA OFTHE. VARIANCES IS:11`0 PERM T,.THE,CONSTRU PERNITTED:1111Y.PROMVISIONi P OF A TWO STORY. OFFICE:� jBUILDING; AND. PROVIDING PLAT AS SETFORTH IN SECMTION o FOR AN EFFECTIVE DATE.,:;_;,, MIAMI LAND.DEVELOPMENT.CODEm M2 A. " —1.11, 4'. , " .� ""]E- .. - -S . -� PROVIDING i FORAN EFF _ARESOUth THE:CITY.-C -RJEQUE,V:F -SINGLE FAI FRONTAGE FRONTAGE, 'RS,3"'SIN 10iiFiD A AND PROVIE 'Above Hems` l If you have arry,inq and Zoning Depart ALL interested_rpart Pursuant to Florid public Ihst. If a pe Board, Agency or ( its meeting or hear and that for such X 10/6 ms South Miami boald u4n al ch I f N CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM toot To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director_ �x Date: October 17, 2006 v ITEM No. Subiect: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF WALL SIGNS FOR MANARA RESTAURANT ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5837 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. APPLICABLE REGULATIONS The Land Development Code (Section 20- 5.19(E)(3) specifies that any application for the alteration, renovation, remodeling, or landscape changes affecting the exterior of a designated historic building (includes demolition) must receive the approval of the Historic Preservation Board and the City Commission in the form of a "certificate of appropriateness (COA). APPLICANT'S REOUEST Applicant- Theo Sokhn (for Manara Restaurant) The applicant is proposing to place two signs on the building stating the name of a new restaurant ( Manara) to be located at the ground floor. The signs will be made of Plexiglas and decals placed over two existing signs of a previous business. There is no change in placement, size or shape of the existing signs. The signs will measure 8.7 sq. ft. on the Sunset Drive front facade (364 sq. ft.) and 6 sq. ft. on the east facade (96 sq.ft.) of the building (See attached applicant's material). The signage is to be located on the Shelley Building a building which was designated historic by the City Commission in April 2006. HISTORIC BOARD ACTION The Historic Preservation Board at its September 25, 2006 meeting recommended approval of the proposed sign by a vote of 5 ayes 0 nays. RECOMENDATION: It is recommended that the proposed wall signs be approved. Backup Documentation: Resolution Planning Department Staff Report (includes COA Application and graphics) Historic Preservation Board Minutes Excerpt 9 -25 -06 Mail notice to Applicant. Public notices SAYPAComm Items \2006 \10- 17- 06 \COA 5837 Sunset DR CM report.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE PLACEMENT OF WALL SIGNS FOR MANARA RESTAURANT ON A DESIGNATED HISTORIC BUILDING LOCATED AT 5837 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. WHEREAS, Theo Sokhn has submitted Application No. HPB -06 -010 to the Historic Preservation Board at its September 25, 2006 meeting, said application requesting a certificate of appropriateness for an exterior wall signs for the business Manara Restaurant, located at 5837 Sunset Drive which building, the Shelley Building, is a designated historic site; and, WHEREAS, Section 20- 5.19(E)(3) of the South Miami Land Development Code requires the City Commission to conduct a public hearing on certificates of appropriateness and to approve; deny, approve in modified form, or defer a subject application; and, WHEREAS, the Historic Preservation Board at its September 25, 2006 meeting adopted a motion by a 5 aye 0 nay vote recommending approval of the subject application for the installation of the two wall signs; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Historic Preservation Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. Historic Preservation Board Application No. HPB -06 -010 requesting a requesting a certificate of appropriateness for exterior wall signs for the business "Manara Restaurant," located at 5837 Sunset Drive is hereby approved. Section 2. This resolution shall be effective immediately after the adoption hereof. 1 2 3 4 PASSED AND ADOPTED this , day of October, 2006 5 6 7 8 ATTEST: APPROVED: 9 10 11 12 CITY CLERK MAYOR 13 14 15 16 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 17 Mayor Feliu: 18 Vice Mayor Wiscombe: 19 Commissioner Palmer: 20 Commissioner Birts: 21 Commissioner Beckman: 22 Luis R. Figueredo, 23 Nagin Gallop & Figueredo, P.A. 24 Office of City Attorney 25 26 27 28 PAComm Items\2006 \10- 17- 06 \COA 5837 Sunset Resol.doc 29 30 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD To: Historic Preservation Board Date: September 25, 2006 From: Don O'Donniley Re: HPB -06 -010 Planning Director Signage Installation 5837 Sunset Dr. Applicant: Theo Sokhn (for Manara Restaurant) Owner: Sunset 58 LLC Location: 5837 Sunset Dr. Request: ' _ Signage installation APPLICABLE LDC REGULATIONS The location of the signage is on a designated historic site known as the Shelley Building, (5837 Sunset Dr) which was designated by the City Commission on April 18, 2006 by Ord. No. 13 -06 -1881. The zoning on the property is "SR (HD- OV)(HP -OV)" Specialty Retail (Hometown District Overlay Zone) (Historic Preservation —Overlay). APPLICANT'S REQUEST The applicant is proposing to place two signs on the building stating the name of a new restaurant (Manara) to be located at the ground floor. The signs will be made of Plexiglas and decals placed" over two existing signs of a previous business. There is no change in placement, size or shape of the existing signs. The signs will measure 8.7 sq.ft. on the Sunset Drive front facade (364 sq. ft.) and 6 sq. ft. on the east facade (96 sq.ft.) of the building (See attached applicant's material) STAFF OBSERVATIONS (1)The two signs, as' proposed, are within the size limit_ set. in the Code for a flat or wall signs, which is no larger than 20% of the area of each facade. The regulations in Sec. 20 -4.3 states that: "FLAT SIGNS with a total aggregate sign area, not to exceed twenty (20) percent of the area of any building face; for the purposes of sign regulation, there shall be considered to be only four (4) facades to any building; no single sign shall exceed two hundred (200) square feet in area. Direct illumination is permitted." (2) The color, design and location of the two signs are appropriate for placement on the historic building. RECOMMENDATION It is recommended that the sign application be approved Attachments: Certificate of Appropriateness application DOD /SAY ;POJV P:\HPB Historic Bd eB Agendas Staff reports\2006 \9 -25 -06 \HPB -06 -010 5837 Sunsetbr.doc CITY OF SOUTH MIAMI HISTORIC PRESERVATION PLANNING DEPARTMENT BOARD 6130 Sunset Drive, South Miami, Florida 33143 305- 663 -6326 CERTIFICATE OF APPROPRIATENESS APPLICATION (The Historic Preservation Board will act on completed applications only.) SECTION I PROPERTY ADDRESS e 3 7 S 7,2 5`7 HISTORIC NAME (IF ANY)f` ?GG LEGAL DESCRIPTION OWNER n> G% /V S e>'rT 5 fS L L G PHONE NUMBER_�J� e J) _23L/ I,-? l L% ADDRESS 74,,& % 1*ZG _8 1213 SL.)/T5' /2 `/ APPLICANT /�A IL,11+2,i' e&= r1 L1jeA A PHONE NUMBER %R� ADDRESS 5937 S `w 7,- 57— S -Al, `�%/" �r 1--Z- 3 3 //-/3 ARCHITECT OR ENGINEER /'�� // PHONE NUMBER N1.4 SECTION 2 PLEASE INDICATE THE CATEGORY WHICH BEST DESCRIBES THE WORK TO BE PERFORMED> (SEE ATTACHED SHEET) type mark below type mark below type mark below MAINTENANCE /REPAIR REHABILITATION NEW CONSTRUCTION RESTORATION DEMOLITION OTHER SECTION 3 DESCRIBE THE PROPOSED WORK (A BRIEF NARRATIVE): SECTION 4 ATTACH THE FOLLOWING SUPPLEMENTARY INFORMATION (IF APPLICABLE): y photo(s) site plan survey other (describe) floor plan ,c, — color sample F elevations(s) _C material sample (2) SECTION 5 PLEASE NOTE THE FOLLOWING: • Applications will be accepted by the Planning Department only in completed form. • Applications will be scheduled for a Board hearing when received by 12:00 noon on the second Monday of the month. • Applicant(s) or representative(s) must attend the hearing and present the proposal to the Board. • Decisions made by the Board may be appealed to the City Commission no later than 60 days after the ruling. • If there is no appeal or City Commission action, the Historic Preservation Board's decision shall be final. The Certificate of Appropriateness is valid for period six months after date of approval. SECTION 6 BRIEFLY DESCRIBE THE PROJECT'S IMPACT ON THE FOLLOWING BUILDING FEATURES: Structural systems - Roofs and roofing - Windows and doors Materials (masonry, wood, metal, etc.) - Porches, porte cocheres, and steps - Painting and finishes - I, �f7�c,0� {i `C ,S�Gi'•1i AS OWNER OF THE ABOVE- REFERENCED PROPERTY DO HEREBY AUTHORIZE THE FILING OF THS APPLICATION ON MY BEHALF. HPB USE 0 Y DATE RECEIVED: HPB MEETING: lip Oct.20U4 PERMIT N0. E:\HPB Historic BdMPB MiscTertificate of appropriate projectTirrt. of Appropriateness Appl.doc ATTACHMENT Explanations of categories for Section 2 Maintenance or Repair: The act or process of applying measures to sustain the existing form integrity and material of a building or structure and the existing form or vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance and repair. (Samples of material may be requested). Restoration: The process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. All applications for restoration shall include elevations, site and landscape plans (if necessary), and any other supplementary information that will support the proposed project. Rehabilitation: The process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values. All applications for rehabilitation shall include: elevations, site and landscape plans (if necessary), and any other supplementary information that will support the proposed project. Demolition: The process of destroying or tearing down a building or structure or a part thereof, or the process of removing or destroying an archaeological site or a part thereof. The applicant(s) shall include a report explaining why the proposed action should occur. If the action is to occur for reasons of financial hardship, all pertinent financial data should be included pertaining to the cost of preservation, demolition and new construction. Any other material pertinent to the application is also encouraged as supplementary information. New construction: The process of constructing a building or structure that has never existed at that location. Applications shall include a site plan, elevations, floor plan, and landscaping plan. Other: (relocation, excavation, etc.) r NAG l.N T4 Z 41 6--(7 T/iL) 9A 4'11 MANARA RESTAURANT 5837 S.W. 72 ST S. MIAMI, FL 33143 (786) 268-7606 City Of S. Miami Planning & Zoning Dept Preservation Board Dear Sirs. / Madams Manara Restaurant is here by is requesting an approval for a name change for two signs to be placed at the front and side of our restaurant located at 5837 Sunset Dr. we would like to keep the existing signs from the previous restaurant prior to our purchase. The signs are made out of Plexiglas and decals. We will peel off the old decals and install new ones with the name and colors of our establishment. There will be no change in size shape or mechanical to both signs. The application for your approval includes a letter of approval from the landlord, 13 copies of our new logo, a hand drawn sketch to the location of the sings and their dimensions and actual pictures of the sings with the old establishment name. Also we are including a sample of the colors and material we are going to use. Your prompt approval of this matter is highly appreciated and helpful to our business and to let the people know about our restaurant. Sincerely, Manara Restaurant Theo S ok-hnn Owner / Manager C� !!r z Q w Z 4� L� 1_ 7 4 J \ � � � WkIIA,\ . .. � . . . .. § ��3\\ \/O/\l3 s ,4 Sour Al� U •, • INCORPORATED • 1 927 P 46 RIQ CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, September 25, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:3 b p.m. IL Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison, Ms. Shelley and Mr. Ruiz de Castilla. Board members absent: Mr. Kurtzman City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning" Consultant), and Patricia E. Lauderman (Board Secretary). III. Certificate of Appropriateness Applications (HPB -06 -010) Applicant: Manara Restaurant Owner: Sunset 58, LLC Location: 5837 Sunset Drive (Shelley Building Historic Designation) Request: Signage installation for restaurant Action: The Board, staff and applicant discussed the request. Mr. O'Donniley stated that the applicant is proposing to place two signs on the building stating the name of a new restaurant (Manara), which formally had the "Bites restaurant signs. The "Manara restaurant is to be located at the ground floor. In addition, the signs will be made of plexiglass and decals placed over the two existing signs of the previous business. Staff noted there is no change in placement, size or shape of the existing signs. The Board reviewed a sketch, photographs and sample of colors provided by the applicant. The Board commented that they saw no problem with the design of the restaurant logo. HPB Minutes September 25, 2006 Page 2 of 2 At this time, Mr. Theo Sokhn the owner of the Manara restaurant spoke on this item. Mr. Sokhn explained he will be using the existing dimensions and locations without any alterations to the mechanical or electrical feature because he intends on peeling off the old decals and installing the signs made out of plexiglass and decals that has the new name and colors of "Manara" restaurant. Mr. O'Donniley provided the following staff observations: 1. The two signs, as proposed are within the size limit set in the Code for a flat or wall signs, which is no larger than 20% of the area of each fagade. 2. The color, design and location of the two signs are appropriate for placement on the historic building. Recommendation: Staff recommended that the sign application be approved. Motion: Ms. Chael motioned to recommend approval of the two signs as presented. Ms. Dison seconded the motion. Vote: Approved 5 Opposed 0 PAComm Items\2006 \10- 17- 06\HPB MINS Excerpt 9 -25 -06 5837 Sunset Dr.doc South Miami Wv .F 1' All- AmericaCity n 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 CERTIFIED MAIL October 6, 2006 Mr. Theo Sokhn Manara Restaurant 5837 Sunset Drive' South Miami, FL. 33143 RE: Historic Preservation Board Application: COA 5837 Sunset Dr Dear Mr. Sokhn: This communication is to inform you that the your _ application for a Certificate of Appropriateness (signage) for Manara Restaurant at 5837 Sunset Drive has been scheduled for public hearing before the City Commission at its Tuesday, October 17, 2006 meeting, which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Since ely yours, anford A. You 's, AICP Acting Planning Director SAY P: \Comm Items\2006 \10- 17- 06Wpplicant's Notice 5837 Sunset.doc III ti MIAMI DAILY 'BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: '4 Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - OCTOBER 17, 2006 in the XXXX Court, was published in said newspaper in the issues of 10/06/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid not promised any person, firm or corporation any d' count, rebate, commission or refund for the purpose of s ng this advertisement for publication in the said ne per. Sworn to and subscribed before me this 06 day of OCTOBER A.D. 2006 (SEAL) ,yr Cheryl H Memier 4m. Commission DD938659 SOOKIE WILLIAMS personal] o ine aExpretJury19.2009 ,�m .. .. ,. ..w �� �, _ _ � �, e. ��_ South Miami A14NWMCR CITY OF SOUTH MIAMI ' 1 r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning 'rector Date: October 17, 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON PROPERTY LOCATED AT 6330 SW 40t' STREET WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Request: The applicant, Cingular Wireless, submitted Application PB -06 -008 requesting approval to modify their current cellular communications facilities on property owned by Hope Lutheran Church, located at 6330 SW 40" St. (Bird Rd.). The company's current facilities includes an existing stealth antenna contained inside a cross located at the top of the sanctuary building, which was approved in 2000. The current cross is 70 feet high. Due to increasing service demands the applicant needs to extend the height of its antenna and the existing cross by an additional six feet. Applicable Regulations: Section 20 -10.6 of the LDC provides that in certain zoning districts, a telecommunications facility may be approved by administratively by the City Manager after review by the ERPB. However, a stealth facility located a "PI" zoning district requires a special use approval process. Specifically, subparagraph 1(b) states that "stealth towers not exceeding 125 ft . in height shall be permitted as a principle or accessory use pursuant to special use approval in the following zoning districts: ... ... .... Public /Institutional. " The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. The additional height of the cross (above the 70 foot level) requires a special use approval as provided in LDC. Planning Board Action: The Planning Board at its March 28, 2006 meeting adopted a motion by a vote of 4 ayes 1 nay (Mr. Morton) recommending approval the requested special use with the following conditions: (1) The maximum height of the cross may not exceed 76 feet and the applicant submit a revised survey showing the correct height of the cross. (2) The applicant must extend the existing box chase to the peak line of the roof. Recommendation: The applicant has submitted revised and corrected plans dated September 19, 2006. It is recommended that the special use request be approved with the following condition: the applicant must extend the existing box chase to the peak line of the roof. Backup Documentation: Resolution Planning Department Staff Report, 3 -29 -06 Application Location Map Letter of Intent Site Plan / elevations Excerpt Planning Board Minutes 3 -28 -06 Public notices SAY P: \Comm Items \2006 \10- 17- 06 \PB -06 -008 Spe use 6330 SW 40 St CM Report.doc 1 2 3 4 5 RESOLUTION NO. 6 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 8 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND 9 DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF 10 AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON PROPERTY 11 LOCATED AT 6330 SW 401h STREET WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING 12 USE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE 13 14 15 WHEREAS, Cingular Wireless submitted an Application No. PB -06 -008 requesting special use 16 approval to increase the height of an existing stealth cellular antenna tower on property located at 6330 17 SW 40th Street in a "PI" Public / Institutional Zoning District; and, 18 19 WHEREAS, Section 20 -10.6 of the South Miami Land Development Code provides that a stealth 20 antenna tower is permitted in a " PI" Public / Institutional Zoning District as an accessory use pursuant to 21 a special use approval process; and, 22 23 WHEREAS, a stealth communications facility is subject to requirements and minimum standards 24 specified in Land Development Code Section 20 -10.4, in addition to compliance with conditions set forth 25 in Land Development Code Sections 20- 3.4(A) and 20 -5.8, which provisions are applicable to all special 26 use approvals; and, 27 28 WHEREAS, the approval of a special use requires a recommendation from the Planning Board 29 and the affirmative vote of four members of the City Commission after public hearing; and, 30 31 WHEREAS, the professional staff of the Planning Department recommended approval of the 32 request with conditions that the maximum height of the cross may not exceed 76 feet and the applicant 33 submit a revised survey showing the correct height of the cross and the applicant must extend the existing 34 box chase to the peak line of the roof; and, 35 36 WHEREAS, the Planning Board at its March 28, 2006 meeting approved a motion by a vote of 4 37 ayes 1 nay recommending approval of the special use application with conditions as set forth by staff; 38 and, 39 40 WHEREAS, the Mayor and City Commission desire to accept the recommendation of the 41 Planning Board. 42 43. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 44 OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 47 48 e 1 2 3 (2) 4 5 Section 1. That a special use approval is hereby granted to increase the height of an existing stealth 6 cellular antenna tower on property located at 6330 SW 40th Street in a "PP' Public / Institutional Zoning 7 District subject to the following condition: the applicant must extend the existing box chase to the peak 8 line of the roof. 9 10 Section 2. This resolution shall take effect immediately upon approval. 11 12 13 PASSED AND ADOPTED this day of October, 2006 14 15 16 ATTEST: APPROVED: 17 18 19 CITY CLERK MAYOR 20 21 22 Commission Vote: 23 READ AND APPROVED AS TO FORM: Mayor Feliu 24 Vice Mayor Wiscombe: 25 Commissioner Palmer: 26 Commissioner Birts 27 Commissioner Beckman: 28 Luis R. Figueredo, P.A. 29 Nagin Gallop & Figueredo, P.A. 30 Office of City Attorney 31 32 P: \Comm Items\2006 \10- 17- 06\PB -06 -008 6330 Sw 40 St Tel Tower Resolution.doc CITY OF SOUTH MIAMI To: Honorable Chair and Planning Board Members From: Don O'Donniley Planning Director South Miami AlMmedca City I 2001 Date: March 28, 2006 RE: Telecommunication Antenna Installation 6330 S.W. 40th St. (Bird Rd.) . \(A) PB -06 -008 Applicant: Cingular Wireless Location: 6330 SW 40t` Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIANII, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON PROPERTY LOCATED AT 6330 SW 40" STREET WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The applicant, Cingular Wireless, is requesting approval to modify their current cellular communications facilities on property owned by Hope Lutheran Church, located at 6330 SW 40'h St. (Bird Rd.). The company's current facilities includes an existing stealth antenna contained inside a cross located at the top of the sanctuary building, which was approved in 2000. The current cross is 70 feet high. Due to increasing service demands the applicant needs to extend the height of its antenna and the existing cross by an additional six feet. The additional height of the cross (above the 70 foot level) requires a special use approval as provided in LDC Sec. 20- 10.6(A)(1)(b). PREVIOUS INSTALLATIONS The City on two occasions has approved telecommunications antenna for this location: September 19, 2000 — Resolution No. 190 -00 -11083 ( Cingular Wireless). Permitted a stealth antenna located inside a cross structure mounted at the roofline of the church. July 29, 2003 — Resolution No. 120 -03 -11669 (Metro PCS). Permitted four wall mounted antennas close to the roof line of the building. Stealth Antenna 6330 SW 40'h Street March 28, 2006 Page 2 of 3 SITE ANALYSIS 1) The church property consists of a sanctuary building and two accessory structures.. The sanctuary building is built to a height of 60 ft. The lot size is 1.3 acres. 2) The existing zoning on the property is "PI', Public Institutional Use District which permits churches, schools, and government facilities. The maximum height of buildings in this district is to be compatible with the height of surrounding districts. The current church sanctuary was constructed in 1962. The height approved at that time was 60 ft., thereby establishing the applicable height for the district at this location. 3) The property is surrounded by the following zoning districts and existing uses: ZONING North RU -5A (MiamiDade County) Semi- Professional Office/ Apts. East RO Residential Office RS -4 Single Family Residential South RS -4 Single Family Residential West GR General Retail RS -4 Single Family Residential APPLICABLE REGULATIONS EXISTING USES Professional offices Office building/ 3 stories Single family residences Single family residences Retail stores, one story Single family residences 1) The City's Land Development Code contains extensive regulations for siting of telecommunications tower and antennas. The proposal in this application is considered a stealth facility as defined in Section 20 -10.2 of the LDC: "Stealth Facility —Any telecommunication facility which is designed to blend into the surrounding environment. Examples of stealth facilities include, but are not limited to, architecturally screened, roof - mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like poles, power poles or trees" 2) Section 20 -10.6 of the LDC provides that in certain zoning districts, a telecommunications facility may be approved by administratively by the City Manager after review by the ERPB. However, a stealth facility located a "PI" zoning district requires a special use approval process. Specifically, subparagraph 1(b) states that "stealth towers not exceeding 125 ft . in height shall be permitted as a principle or accessory use pursuant to special use approval in the following zoning districts: ... ... .... Public/Institutional ". The approval process requires the affirmative vote of four City Commissioners, after receipt of a recommendation from the Planning Board. 3) In addition to the above, all special uses must comply with the conditions specified in LDC Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with Stealth Antenna 6330 SW 40`h Street March 28, 2006 Page 3 of 3 the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely affect the health or safety of persons in the vicinity nor will it be detrimental to the public welfare or property in the area (LDC Sections attached). STAFF OBSERVATIONS (1) The use of a religious cross as part of the antenna facility is a good example of the application of the stealth principle. The current proposal would allow for replacement antennas to be encased within the existing stealth cross which would not change in shape, appearance or location. There are no other changes for the facility. (2) The size, specifically the diameter of the cross, appears excessive and the additional six feet will make the cross even more visual to the surrounding single family neighborhood. However, there have been no complaints concerning the height or size of the existing cross since its installation in 2000. (3) For purposes of design compatibility, the applicant should be required to extend the existing box chase to the peak line of the roof. (4) The applicant's submitted material indicates a discrepancy between the legal survey and the site plans for the extension of the cross. The updated 2005 legal survey of the property shows the height of the cross to be 84.5 feet which is above the current permitted height of 70 feet and the proposed height of 76 feet as shown on pp.LE4 and LE5 of the submitted plans The applicant must resolve this issue prior to the special use being forwarded to the City Commission. RECOMMENDATION It is recommended that the proposed special use to add an additional six feet to the height of the existing cross be approved subject to the following conditions: (1) The maximum height of the cross may not exceed 76 feet; the applicant must resolve the discrepancy on the current height of the cross as shown on the survey and on the plans prior to the special use being forwarded to the City Commission. This can be done by an affidavit and the submittal of a second survey prepared be a different professional mapper. (2) The applicant must extend the existing box chase to the peak line of the roof. Attachments: Application Location Map Letter of Intent Survey Site plan /Elevations Copies of Public notices DOD /SAY jct E:\PB\PB Agendas Staeports\2006 Agendas Staff Reports\3- 28- 06\PB -06 -008 antenna 6330 S.W. 40th St..doc W �0 I d CD 0 ccoo r °' � °v v O M cD O CD cD V' Q �t D1 N f�D N f� WE O LO n o '.4 (�D w w co (wD coo co O n r o M N L too O v CO v 6443 v v v M to (o (o ; CD m m �° W �0 I d CD 0 ccoo r °' � °v v O M N h n cD O (D N cD -0 c0 v c0 ccn tD N f�D N f� WE O LO n o '.4 co M ce) 04 m � n O 0, G et M N (ND too O (D O cD (0 N M m 6321 W �0 I d City of South Miami PB -06 -008 Cellular Antenna (Cingular) 6330 SW 40th Street CD 0 ccoo r °' � °v v O M N h O V) O N N O 00 co O O cD a .wm� '.4 co M ce) 04 m � I co (MD t�D c�D c�D ED (ND too O (D O cD (0 N M m 6321 W m ; t 6419 cp v m v Z O O co o (mD m. 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N to ("o cmo tMD SW 39TH ST co co o ° co CD 0 ccoo r °' � °v v O M M 0 N 0 co N cc w O N t O cD O cD O co (OO co M M fro U M H. c0�7 co c0 CO cD (D ID c0 (D O cD (0 N M m 6321 3 V1 O tND 0 cN0 aOD Z n O O o 0 N N N cOO tMD (00 O M N r O SW 39TH ST co co o ° co °m m o N 3901 3912 w m c(0 a0o .3915 3916 D, n o 3923 3920 (D (D co L0 3925 3928 SW 39TH TER E 3936 O 3145 3950 O N N d' N 6300 3162 R 9 5 3958 ro —T—_7 0 � ]Jig m 7 °v v 6420 9 io rn N '7 (D O N O O cD O cD O co (OO co M M fro cMO M M c0�7 co c0 CO cD (D ID c0 (D (D cD (0 M m 6321 3 V1 O O (oi V7 N aOD n V) u7 N 'OV (h N N N cOO tMD (00 (DD (DD (0 (DD (D (D (MD 110 cn °m m o N 3901 3912 w m c(0 a0o .3915 3916 D, n o 3923 3920 (D (D co L0 3925 3928 SW 39TH TER E 3936 O 3145 3950 O N N d' N 6300 3162 R 9 5 3958 ro —T—_7 0 � ]Jig m 7 °v v 6420 9 io rn c10 n co M cn CO V a m co m N M M ■ ■ co I 6140 10 3821 81 3825 82 3833 83 3835 84 3909 90 3911 91 3921 91 3931 92 3941 93 rn 3951 co ,D ,o �� 6101 91 N 6267 N �s 6205 O O ■ ■$W 4@TH ST BAR ©■R©■■■■■ OEM ■■■■■■■■■■ ■■■■■■■■■■■■■■■■■ ■■■■■■■■■■ ■ ■ ro —T—_7 0 � ]Jig m 7 °v v 6420 9 io rn c10 n co M cn CO V a m co m N M M ■ ■ co I M M M m 6321 3 V1 O O (oi V7 co w cc) 'O co f0 - 6140 10 3821 81 3825 82 3833 83 3835 84 3909 90 3911 91 3921 91 3931 92 3941 93 rn 3951 co ,D ,o �� 6101 91 N 6267 N �s 6205 O O ■ ■$W 4@TH ST BAR ©■R©■■■■■ OEM ■■■■■■■■■■ ■■■■■■■■■■■■■■■■■ ■■■■■■■■■■ ■ ■ ■ r 6340 6262 6250 6150 ■ w ccoo n m c`oo v not ao n (o iD ■ ( m m m m� m 4025 4032 W 4023 4 ■ ■ T 4033 4032 Q 4033 4 ■ ■ ■ ■ —T—_7 0 � ]Jig m 7 °v v 6420 9 io 80 c10 ■ r 6340 6262 6250 6150 ■ w ccoo n m c`oo v not ao n (o iD ■ ( m m m m� m 4025 4032 W 4023 4 ■ ■ T 4033 4032 Q 4033 4 ■ ■ co M cOO (moo M r�i rvi 6330 c°o 1--. cD fD (D - (0 .o r o cD M N cD (0 } M 10 N O ((n co M c0 c0 (0 (OD (0 (DD cep co co cD M W NO r- M.--. (NO o M � 6279 N N O O co (o m m (D co ■ ■ er m v (D ao m co O N 6302 v N co o SVI 42N ■ 0 w I� co cD v fo fo N O) OD co N O O O O O O O ■ M fh M M M cn M (o N N N Vt tD lD �� co N O (D fD cD co cD (D fD co co O (D (D O m m 63gs M rtD m m v) rNi 6307 � U 6291 6261 ■ m ID m m (D to (o .n a (n ni o ■ Q ■ It v v v v v co 4101 4100 Q 4101 4 4108 Z 4109 4 4125 4116 � 4117 4 4124 4125 4 4135 8132 (n 4133 4 M N a M N 0 0 to O O V) SW 42ND S SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m ■ ■ ■ (DD I 1 ■ M N N A (�D N ■ ■ V a c) t tD c c� N N M M ■ ■ M cOO (moo M r�i rvi 6330 c°o 1--. cD fD (D - (0 .o r o cD M N cD (0 } M 10 N O ((n co M c0 c0 (0 (OD (0 (DD cep co co cD M W NO r- M.--. (NO o M � 6279 N N O O co (o m m (D co ■ ■ er m v (D ao m co O N 6302 v N co o SVI 42N ■ 0 w I� co cD v fo fo N O) OD co N O O O O O O O ■ M fh M M M cn M (o N N N Vt tD lD �� co N O (D fD cD co cD (D fD co co O (D (D O m m 63gs M rtD m m v) rNi 6307 � U 6291 6261 ■ m ID m m (D to (o .n a (n ni o ■ Q ■ It v v v v v co 4101 4100 Q 4101 4 4108 Z 4109 4 4125 4116 � 4117 4 4124 4125 4 4135 8132 (n 4133 4 M N a M N 0 0 to O O V) SW 42ND S SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m W NO r- M.--. (NO o M � 6279 N N O O co (o m m (D co ■ ■ er m v (D ao m co O N 6302 v N co o SVI 42N ■ 0 w I� co cD v fo fo N O) OD co N O O O O O O O ■ M fh M M M cn M (o N N N Vt tD lD �� co N O (D fD cD co cD (D fD co co O (D (D O m m 63gs M rtD m m v) rNi 6307 � U 6291 6261 ■ m ID m m (D to (o .n a (n ni o ■ Q ■ It v v v v v co 4101 4100 Q 4101 4 4108 Z 4109 4 4125 4116 � 4117 4 4124 4125 4 4135 8132 (n 4133 4 M N a M N 0 0 to O O V) SW 42ND S SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m co (o m m (D co ■ ■ er m v (D ao m co O N 6302 v N co o SVI 42N ■ 0 w I� co cD v fo fo N O) OD co N O O O O O O O ■ M fh M M M cn M (o N N N Vt tD lD �� co N O (D fD cD co cD (D fD co co O (D (D O m m 63gs M rtD m m v) rNi 6307 � U 6291 6261 ■ m ID m m (D to (o .n a (n ni o ■ Q ■ It v v v v v co 4101 4100 Q 4101 4 4108 Z 4109 4 4125 4116 � 4117 4 4124 4125 4 4135 8132 (n 4133 4 M N a M N 0 0 to O O V) SW 42ND S SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m 4101 4100 Q 4101 4 4108 Z 4109 4 4125 4116 � 4117 4 4124 4125 4 4135 8132 (n 4133 4 M N a M N 0 0 to O O V) SW 42ND S SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m SW 42ND TER a co N a 10 ■ (h N N SW 42ND TER ; a O O O O O a o (�D Co Lo M 0 w w w co (O w ch N v v v v v a m (o co co cD (o SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m SW 43RD ST 0 0 0 0 i 0 0 0 �g a ��� k 10 1 I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m I(D 0 6400 v 4405 co 4523 La IT 5 M,,- �c")) 3 e 8�'a : a� O -It c0 w O O O N 63g0 m cD (D ("o m c"D m c7 0 0 0 0 M co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m co CA co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m co roi r�i co ((OO m 6332 6302 m (D (o m (D m o co (n o LO ti n co 0 (tDi( w m m m m m m ((oo (a ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m ■ ■ ■ ■ SW 44TH � 6380 6330 63f 6380 wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m wI o �2 0 �g0 O N O (O O O O C' N N N 6250 M m m m 4225 4226 Co 6295 r� (n 4233 4232 m m 4241 4240 4248 4249 4300 4309 4308 N N N N 4317 4316 co (o (o cD o rn m (o co N 6250 i■ ■■■■■ ■ 4401 4450 6230 6200 4460 442 4410 1 4470 4441 4420 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m 0 300 600 900 1,200 1,500 Feet N c`) N v (D O O 4225 4233 4241 4 4249 4301 4305 4 4317 4 It I co IO 6141 ONE O M c+� 6141 °> m City of South Miami Planning & Zoning Department v City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 6 336 y„/ 40T S l Lot(s) 1-111- Block D_ Subdivision 6 -t a Fsro�rs PB 2_Z - A M, Meets &Bounds: Applicant: - Phone: Z tl� VI.nrti �t2 L S S dS - 4iD9- S Representative: �. obb EADAccA Organization: Address: 7-ce'-76 ST at�nr8� D Phone: WV[( Z �s"� -� Zj��rl Property Owner: HOP£ /- VTFIEPA„1 C4111tc4 Signature: Mailing Address: ('?2,0 (9, 2.D APO Phone: )cr. tir7 1-1 JA) 796, -Z&/ -.3&77 IArchitect/Engineer: mO lL/L,1 e a/ II(Xi4 P, fli Phone: �� . S 1� _ �{I fr AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner _Owner's Representative Contract to purchase _Option to purchase enant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC Variance etter of intent _ Zoning Map Amendment ZJpecial Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other _ Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: (�F �A � _ Contract to purchase _ Current survey (1 original sealed and X s i t N A N E NNA S &v 1! L Att_ ((L_ O,V L- S i 47 215 ned /1 reduced copy @ 11 ".x 17 ") copies of Site Plan and Floor Plans /Nt,t_fASE S54VCIv2.[ 41 24-1, copyaQ11 "x17, Property owner signatures t/� j'f 0� o(,ry.9I 1,Lred Sectiom Subsection: Page #: Amended Date: Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the app ' ants knowledge and belief. .ter— Do Applicant's-Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 Of Off January 13, 2006 Director of Planning City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Letter of Intent for Special Use Approval Applicant: Cingular Wireless Site Address: 6330 SW 40`h Street To Planning Department: Cingular Wireless ( "Cingular") hereby submits this Letter of Intent for Special Use Approval to extend its cellular communications facility (the "Facility ") more than ten (10') feet above the maximum height of the applicable zoning district. Cingular currently operates the Facility, which has a stealth cross design, located at 6330 SW 40a' Street (the "Property"). The Property is zoned PI and it is designated Institutional pursuant to the City's Land Development Code (the "Code "). Cingular needs to improve its cellular coverage in the area to meet the increasing demand for cellular services in this area. Cingular, therefore, needs to replace the existing antennas with slightly larger antennas that would be located within the cross. The work would entail replacing a portion of the cross with a slightly taller cross that would increase its height from seventy (70') feet to seventy -six (76') feet. The Code limits structures to a maximum height of sixty (60') feet in the PI zoning district while Section 20- 10.6(A)(1)(a) of Ordinance No. 24- 98 -1672 permits Stealth Facilities to extend ten (10') feet above the maximum height of the applicable zoning district as an accessory use. Accordingly, Cingular respectfully requests Special Use Approval to extend the height of its Facility another six (6') feet. Please find enclosed Cingular's Application for Public Hearing Before Planning Board & City Commission, three sets of public notice mailing labels, a current signed and sealed survey and seventeen (17) sets of site plan drawings. We look forward to your favorable review and recommendations. Feel free to contact me should you have any questions or if you need additional information. Your prompt attention to this matter is greatly appreciated. B �st re ar s / 'Todd Sadacca Bechtel Telecommunications Enclosures 2870 Stirling Road Suite 105 Hollywood, Florida 33020 office: 954- 921 -8714 mobile: 561-329-2447 fax: 954- 921 -1418 MORRISON HERSHFIELD 2 South University Drive, #245 Plantation, Florida 33324 954- 577 -4655 (fax) 954 -577 -4656 www.morrisonhershfield.com FROM: Michael Monagle TOTAL PAGES (INCL. THIS PAGE): 1 RE: FHGO DATE: September 19, 2006 PROJECT No.: TO: Sukumar De CC: file COMPANY: Bechtel Corp In 2001, during our zoning review in attempting to attain approvals for the original installation, it was requested by the city that the tower /cross design be partially covered with a chase to match the building facade. Our original design intended to attach the chase to the existing building and thus the tower would deflect independent of the chase. The City's Structural reviewer at the time requested we analyze the entire east facade including the foundation to prove that it would sustain the additional wind load. The issue was that the existing wall was not compliant and failed without the additional load. We had to then re- analyze the tower foundation and redesign the tower to allow for the attachment of the chase. The chase as it exists, is currently attached to the tower. We have reinforced (designed and engineered) the base plate and the foundation of the tower to allow for a higher extension of the cross. By attempting to raise the chase to the existing roof line would increase the wind load to the tower and thus the entire tower, foundation, and base would fail. The main concern is the foundation of the tower. This auger was cast less than 12" from the church foundation thus there is no room to further reinforce the foundation. This leaves no feasible choice but to attach the chase box to the south facade, but this would mean reinforcing the existing facade. • Tower Analysis & Design • Site Design Services • Tower Inspections • Project & Construction Management • Building Analysis & Design • Switch Center Design /Retrofit • Tower Pre - purchase Assessments • Design- Build/Turnkey Site Development • Site Selection & Municipal Approvals • Buried Conduit Services • Facilities Maintenance Services • Field Services /Contract Administration FHGO Page 1 SOUS O�� F �N V ~ INCORPORATE!) 1927 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 28, 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. Action: The Pledge of Allegiance was recited in unison. II, Roll Call. Action: Ms. Yates, Vice - Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Lahiff, Mr. Beilman, Mr. Davis and Mr. Farfan. Board members absent: Mr. Comendeiro City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia Lauderman (Planning Board Secretary). Chair Mr. Morton arrived at this time in the meeting. IV. Planning Board Applications / Public Hearings PB -06 -008 Applicant: Cingular Wireless Location: 6330 SW 40 Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO INCREASE THE HEIGHT OF AN EXISTING STEALTH CELLULAR ANTENNA INSIDE THE CROSS ON PROPERTY LOCATED AT 6330 SW 40'h STREET WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting March 28, 2006 Page 2 of 3 Excerpt At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the record. Mr. O'Donniley explained that the applicant is requesting approval to modify their current cellular communications facilities on property owned Hope Lutheran Church, located at 6330 SW 40 Street. The company's current facilities includes an existing stealth antenna contained inside a cross located at the top of the sanctuary building, which was approved in 2000. The current cross located is 70 feet high. Due to increasing service demands the applicant needs to extend the height of its antenna and the existing cross by an additional six feet. The additional height of the cross (above the 70 foot level) requires a special use approval as provided in LDC Sec. 20 10.6)A)(1)(b) He also stated that this location was granted by the City on two occasions approval for telecommunications antenna. The first approval was granted on September 19, 2000 Resolution No. - 190 -00 -11083 (Cingular Wireless). The 'approval permitted a 'stealth antenna located inside a cross structure mounted at the roofline of the church. The second approval was on July 29, 2003 Resolution No. 120 -03 -11669 (Metro PCS). The approval permitted four wall mounted antennas close to the roof line of the building. Mr. O'Donniley provided the following staff analysis: (1) The use of a religious cross as part of the antenna facility is a good example of the application of the stealth principle. The current proposal would allow for replacement antennas to be encased within the existing stealth cross which would not change in shape, appearance or location. There are no other changes for the facility. (2) The size, specifically the diameter of the cross, appears excessive and the additional six feet will make the cross even more visual to the surrounding single family neighborhood. However, there have been no complaints concerning the height or size of the existing cross since its installation in 2000. (3) For purposes of design compatibility, the applicant should be required to extend the existing box chase to the peak line of the roof. (4) The applicant's submitted material indicates a discrepancy between the legal survey and the site plans for the extension of the cross. The updated 2005 legal survey of the property shows the height of the cross to be 84.5 feet which is above the current permitted height of 70 feet and the proposed height of 76 feet as shown on pp.LE4 and LE5 of the submitted plans The applicant must resolve this issue prior to the special use being forwarded to the City Commission. Recommendation Staff recommended that the proposed special use to add an additional six feet to the height of the existing cross be approved subject to the following conditions: (1) The maximum height of the cross may not exceed 76 feet; the applicant must resolve the discrepancy on the current height of the cross as shown on the survey and on the Planning Board Meeting March 28, 2006 Page 3 of 3 Excerpt plans prior to the special use being forwarded to the City Commission. This can be done by an affidavit and the submittal of a second survey prepared be a different professional mapper. (2) The applicant must extend the existing box chase to the peak line of the roof. Chair Morton opened the public hearing. Applicant: Mr. Sadacca (representative for applicant Cingular) Mr. Sadacca explained to the Board that Cingular needs to improve its cellular coverage in the area to meet the increasing demand for cellular services in this area. Therefore, Cingular needs to replace the existing antennas with slightly larger antenna that will increase structure height from 70' to 76' and that would be located within the cross. The Board and staff discussed the request. Mr. Davis inquired about the elevation height being used and noted that measurements appeared to be taken from finish floor and not from final grade. Mr. O'Donniley replied that all heights should be taken from final grade. Mr. Davis commented there was a discrepancy because the applicant apparently obtained the elevation height from finish floor. Chair Morton commented that the appearance of the current cross with antenna inside, was working well, however, adding height to the cross may make it appear overwhelming. Also, the Board noted that the property owner's signature should be obtained on the application. Chair Morton opened the public hearing. No one spoke on this item Chair Morton closed the public hearing. Motion: Ms. Yates motioned to approve with the following conditions. 1. The survey adequately represents the finish floor elevations and that it properly matches the plans that are in place. 2. Property owner's signature on the application. 3. Subject to staff's two conditions. Ms. Lahiff seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Morton) �t MIAMI DAILTBUSINESS REVIEW Published Dailyexcept Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Flodda; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - OCTOBER 17, 2006 In the XXXX Court, was published in said newspaper in the issues of 10/06/2006 xrs °' f CITYOF`SOUTH`MI%[Ml�a,,. �� �, NOTICE OF PUBLIC.HEARING { 71= NOTICE IS HEREB1f gNer Osit Ote City Cntnielaslon'iof BidCliy(s75outFi� Mtaml,;RoddB;,wB °twnduct Poblk;ilearings : at >Ib'rogulatr COy,' Commbabn�!mestlrlp adr�uled 'fart - Tuesday -�'OeEOtle�nl7� 2006 begkWng 07:30 p m. M the CIIy ComMkWorr (%iMbenC'S130StmeU, Drive kcaraidertheloRowing0eme• I' >'+- � r� .+si,s �;z;� AN' ORDINANCM0F =THE,MAI'OR,ANDCRYCONMIS910N OF THE CITY OF.SOUTH MUQII FLORIDA:`RELA7ING TO A j _. REQUEST TO AMEN6..THE OFFICIAGZONING MAP OF;THE CRY, OF SOUTH ,MIAMIiLAND' DEVELOP MENTJCODEsBY DESIQNATINW- ASINGLE .FAMILYRESN)ENTiAU But IDINGa LOCATED AT11511S*1111W,TERRACEi, AN %HISTORIC SITEAND -BY :PLACEMENT-OF:AWHISTORIC PRESERYA•� TION `OVERL-AY +'ZONE 1 ^(FtP-011) wOVERa THE•tEXiSTMG s ZONING USE 018TRICT FOR THIS PROPERTY,.?ROVIDING a FOR SEVERASILRY, PROVIDING FORiORDINANCES IN CONFLICT AND PROVIDING AN EFFECTNE DATE ,0 AN ORDINANCE `OF4HE"NAYOR'AND'diiiC MISSION OF THE CITY OF SOUTH MIAMI, FLARID&RELATING�TO AJj REQUEST TO AMEND THE OFFICIAL ZONING MAP.OF.THE CITY OF.SOUTWMWdI LAND DEVELOPMENT.CODE?BY DESIGNATINQ A SINGLE: FAMILY, . RESIDENTIAL AUILDINQ LOCATED AT 6925 SW 83rd 000RTABAN:HISTORIC:SITE Affiant further says that the said Miami Daily Business uac- u,a.nw, {.rvrt; =.n,a:a Review is a newspaper published at Miami in said Miami -Dade CONFLICT-, AND County, Florida and that the said newspaper has CONFLICT AND PROVIDING heretofore been continuously published in said Miami -Dade County, Florida, each day xcept Saturday, Sunda and Legal Holidays) A RESOLUTION SOUTHM I Y ( Y 9 Y OF THE. CITY OF SOUTH MI and has been entered as second class mail matter at the post . THE ISSUANCE OF :A CER office In Miami in said Miami -Dade County, Florida, for a NESS PURSUANT, TO SECT period of one year next preceding the first publication of the DEVELOPMENT�CODE,FOR attached copy of advertisement; and affiant further says that he or SIGNS FOR MANARkREST she has neither paid not promised any person, firm or corporation - HISTORIC BUILDING'. OCA1 any d- count, rebate, commission or refund for the purpose (SHELLEYBUILDING)•PROV of s ing this advertisement for publication in the said A RESOLUTION OF.THE MA A ne per. OF THE CITY OF SOUTH MIA PURSUANT TO SECTION20- MENT: =.CODE' FO A:8P1 INCREASE THE HEIGHTOFA "LARANTENNA INSIDE THE C Swom to and subscribed before me this °.ED -AT 8330 SW:108h`STRE - 'INSTITUTIONAL ZONING USI 06 day of OCTOBER A.D. 2006 AN EFFECTIVE DATE, A RESOLUTION OF THE MA' THE CITY OF SOUTH -MIAM / REQUEST FOR TWO VARIAN OF THE LAND DEVELOPMEA (SEAL) Cheryl HMariner SIZE OFA,SUILDING ,. SITE, y9 M Commission DD338559 WHERE A MINIMUM: LOTISD BOOKIE WILLIAMS personallk Expose Idy 18. 2008 REQUIRED AND 50 FEET OF qw IS REQUIRED; A VARIANCE DIMENSIONAL;; REQUIREME 20.4A OF THE LAND DEVEL' FEET 6 INCHES•OF'ABUT NORTWAIDE&:OF;:THE PR( -,REQUIRED; ALL.ON,PROPEI L is AVENUE,.SOUTH MIAMI; FLO t DENTIAL: OFFICE ZONING,U' r: OF THE;VARIANCES IS TO I OF A`- ..TWO.STORY,,OFFICE! FOR AN EFFECTIVE DATE.: ; 30,}' ._..._� .�. �.»_ , �_ �, _ ,� . �..� '� �� . .� .. .._. . _.. .. m�garrat -s �rRn rr � � � �5�'I��al�va��ICi�wmt'�a 5__ ��c?�e »��;�v.�-.r ,,.,, South Miami AFAme�ic af�ly I r N o CITY OF SOUTH MIAMI �� 1927gP OFFICE OF THE CITY MANAGER o Rt INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manag r From: Sanford A. Youkilis, Acting Plannin Director Date: October 17, 2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. Request: The applicant, V & B Property of Miami, Inc. has submitted Application No. PB -06 -024 requesting variances in order to construct a two story office building on a vacant lot located at 7641 SW 62 Street. The applicant is requesting approval of a variance for lot size (includes frontage) and from a required perimeter parking lot landscape provision. The applicant is proposing to build a two story building with 2,000 sq. ft. of office space with the required off - street eight parking spaces located on the ground floor under the building. The subject parcel is a non - conforming property and any new construction must meet the zoning standards for the RO Residential Office zone district. Development of the property is prohibited because the lot area of the parcel is 7003 sq. ft. which is below the minimum required lot size of 7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the zoning district (LDC Section 20- 3.5G). The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property for its intended purpose A second variance is requested is also a result of the placement of the required parking spaces (parking lot) along a perimeter property line. All exposed outside parking lots must have a 5 feet wide section of landscaping on the side (LDC Section 20 -4.4 Graphic). The applicant's submitted plans show only 2 % feet on the north side of the parking area. The applicant in the hardship letter claims the variance is necessary to assure the safe maneuvering of traffic in the parking area. It is also pointed out by the applicant that the property abutting this side of the property already has a significant landscape buffer. Planning Board Action: The Planning Board at its September 25, 2006 after public hearing, voted 5 ayes 2 nays (Ms. Yates, Mr. Farfan) to recommend approval of the variances requested with the following condition: that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. (2) Recommendation: It is recommended that both variances as requested by the applicant be approved with the condition specified by the Planning Board. Backup Documentation: Resolution Planning Department Staff Report 9 -25 -06 Application Location Map Letter of Intent Site Plan / elevations Excerpt Planning Board Minutes 9 -25 -06 Public notices SAY P: \Comm Items\2006\1 0-1 7-06\PB-06-024 Variances 7641 SW 62 Ave CM Report.doc 1 2 3 4 RESOLUTION NO. 5 6 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 7 FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE 8 LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 9 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 10 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE 11 DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT 12 CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE 13 PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7641 SW 62 14 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE 15 DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A`TWO 16 STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. 17 18 19- WHEREAS Application No. PB -05 -024 was submitted to the Planning Board by the applicant, V & B p 20 .Property of Miami, Inc.., said :application requesting approval of two variances as follows: variance from Section t where a o allow the net area of a building site to be 7003 square feet, 21 20 -3.5 (G) of the Land Development Code t g q 22 minimum of 7500 feet is required and 50 feet of frontage where 75 feet is required and a variance from the parking 23 space dimensional requirement graphic of Section 20 -4.4 of the Land Development Code to permit 2 feet 6 inches 24 of abutting landscape where 5 feet is required; all on property within an "RO" Residential Office Zoning use 25 district, specifically located at 7641 SW 62 Avenue, South Miami, Florida; and, 26 27 WHEREAS, the applicant wishes to develop the property with new two story mixed use building; and, 28 29 WHEREAS, in order to develop the property as proposed the requested variances are required; and, 30 31 WHEREAS, the "approval of a variance requires a recommendation from the Planning Board and the 32 approval of the City Commission after a public hearing; and, 33 34 WHEREAS, on September 25, 2006 the Planning Board, after public hearing, voted 5 ayes 2 nays to 35 recommend approval with conditions of the variances requested; and, 36 37 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 38 recommendation of the Planning Board. 39 40 41 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 42 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 43 44 Section 1. That the subject application submitted by V & B Property of Miami, Inc., requesting 45 approval of two variances as follows: a variance from Section 20 -3.5 (G) of the Land Development Code to allow 46 the net area of a building site to be 7003 square feet, where a minimum of 7500 feet is required and 50 feet of 47 frontage where 75 feet is required and a variance from the parking space dimensional requirement graphic of 48 Section 20 -4.4 of the Land Development Code to permit 2 feet 6 inches of abutting landscape where 5 feet is 49 required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 50 62 Avenue, South Miami, Florida is hereby approved with the following condition: that a three foot high fence and 51 bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. 52 1 2 3 4 Section 2. The approval of the requested variances includes Exhibit A, Development and Site Plan for 5 the V & B Office Building prepared by N25 Architecture Co. (dated 8 -8 -06) which is attached and incorporated 6 herein. 7 Section 3. That the approval of the subject variances are based upon the following findings: 8 9 a) The requested lot size /frontage variance is necessary because the property cannot be developed without a 10 variance which constitutes a hardship; 11 12 b) The variances requested are of a small, incremental nature and would have minimal impact on surrounding 13 properties. 14 15 c) The variances requested are a unique situation that would not be applicable to any other properties in the 16 immediate vicinity. 17 18 Section 4. This resolution shall be effective immediately after the adoption hereof. 19 20 PASSED AND ADOPTED this , day of October, 2006. 21 22 23 ATTEST: APPROVED: 24 25 26 CITY CLERK MAYOR 27 28 Commission Vote: 29 READ AND APPROVED AS TO FORM: Mayor Feliu 30 Vice Mayor Wiscombe: 31 Commissioner Palmer: 32 Commissioner Birts- Cooper: 33 Commissioner Beckman: 34 Luis R. Figueredo, 35 Nagin Gallop & Figueredo, P.A. 36 Office of City Attorney 37 38 P:\Comm Items\2006 \10- 17- 06\PB -06 -024 7641 SW 62 Resol.doc South Miami krftll AlaAmedea City o I.F 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Don O'Donniley Director of Planning Date: September 25, 2006 Re: Variance Requests(2) 7641 SW 62 °a Ave. PB -06 -024 Applicant: V & B Property of Miami, Inc. Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING -- USE - DISTRICT; THE - PURPOSE - - -OF THE- VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant needs variances in order to construct a two story office building on a vacant lot located at 7641 SW 62 Street. The applicant is requesting approval of a variance for lot size (includes frontage) and from a required perimeter parking lot landscape provision. The applicant is proposing to build a two story building with 2,000 sq. ft. of office space with the required off - street eight parking spaces located on the ground floor under the building. The F.A.R. will be .27 (.30 permitted). BACKGROUND The subject parcel is a non - conforming property and any new construction must meet the zoning standards for the RO Residential Office zone district. Development of the property is prohibited because the lot area of the parcel is 7003 sq. ft. which is below the minimum required lot size of 7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the zoning district (LDC Section 20- 3.5G). The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property for its intended purpose. Variances) -7641 SW 62 Ave.. September 25, 2006 Page 2 of 3 A second variance is requested is also a result of the placement of the required parking spaces (parking lot) along a perimeter property line. All exposed outside parking lots must have a 5 feet wide section of landscaping on the side (LDC Section 20 -4.4 Graphic) The applicant's submitted plans show only 2 1/2 feet on the north side of the parking area. The applicant in the hardship letter claims the variance is necessary to assure the safe maneuvering of traffic in the parking area. It is also pointed out by the applicant that the property abutting this side of the property already has a significant landscape buffer. APPLICABLE REGULATIONS (SeeATTACHNMENI) • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20 -4.4 Parking design elements (p.98.4) STAFF OBSERVATIONS (1) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning district). (2) The lot area/frontage variance request is a not a unique situation. The substandard size of the property is a deterrent to the development of the property. There have been similar requests from other property owners in the MO zoning districts and there are properties in another RO district which may require this same type of variance if new development is contemplated._______ (3) In May of 2005 an applicant requested two similar variances (lot size and reduction of perimeter landscaping) to permit an office building on a substandard lot in an MO zoning district. The Planning Board recommended approval of both variances, however, the City Commission approved only the lot size variance. The applicant was advised to redesign the structure or parking area to comply with the required five foot landscape perimeter. This can be interpreted as a policy preferred by the Commission. (4) The requested lot size / frontage variance is necessary to use the property and constitutes a hardship. There will be minimal impact on surrounding properties. The perimeter landscape variance request although minimal is not a hardship and can be avoided by adjustment of the plans RECOMMENDATION It is recommended that the Board recommend approval of the lot size / frontage variance and deny the perimeter landscape variance request. If the landscape variance request is recommended for approval it should include a condition that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. Variance(s) -7641 SW 62 Ave.. September 25, 2006 Page 3 of 3 Attachments: Application Location Map Zoning Map Letter oflntent Letter of Hardship LDC Applicable Regulations Copy of Public Notices Survey Site Plan DOD /S Y a Cf P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \9- 25- 06\PB -06 -024 Variances 7641 SW 62 Ave.doc Planni ing Department City of South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board &City Commission Address of Subject Property: 7641 SW 62 Ave. Lot(s) 6 Block 3 Subdivision Larkin Pines South Miami, FL PB 24 - 20 Meets & Bounds: N/A Applicant: V & B Property of Miami, Inc., Phone: (305) 629 -9909 a Florida Corporation Representative: Maria A. Gralia, Esq. Organization: Shutts & Bowen LI P Address: 1500 Miami Center Phone: (305) 358 -6300 201 S. Biscayne Blvd. Miami, FL 33131 Property Owner: V & B Property of Miami, Inc., Signature: a Florida Corporation Mailing Address: 10449 NW 41 St. Phone: (305) 629 -9909 Miami FL, 33178 chitect/Engineer: Norman Blandon Phone: (305) 297 -2812 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner X Owner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC X Variance X Letter of intent —Zoning Map Amendment _Special Use Justifications for change _ PUD Approval _„Special Exception X Statement of hardship — PUD Major Change X Other (Waiver of Plat) X Proof of ownership or letter from owner Site fift APF'o"I _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase X Current survey (1 original sealed and signed/1 reduced copy @ 11 "x 17 ") X 15 copies of Site Plan The applicant seeks a lot size variance for a non- conforming substandard sized lot allowing development to occur (1) on a net area of 7,003.50 s.f. where 7,500 s.f. are required; and (2) with a frontage of 50 ft. where 75 feet are required. 1 reduced copy @ 11" x 17" _20% Property owner signatures Section: 20 Subsection: 3.5G Page #: 49 Amended Date: X Mailing labels (3 sets) and map �( Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of applicant's knowledge and belief. Applicaits Si tore and title Date Upon r6ceipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment aT` City of South Miami Planni ing Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 7641 SW 62 Ave. Lot(s) 6 Block 3 Subdivision Larkin Pines South Miami, FL PB 24 - 20 Meets & Bounds: N/A Applicant: V & B Property of Miami, Inc., Phone: (305) 629 -9909 a Florida Corporation Representative Maria A. Gralia, Esq. Organization: Shutts & Bowen ULP Address: 1500 Miami Center Phone: (305) 358 -6300 201 S. Biscayne Blvd. Miami, FL 33131 Property Owner: V & B Property of Miami, Inc., Signature: - a Florida Corporation Mailing Address: 10449 NW 41 St. Phone: (305) 629 -9909 Miami FL, 33178 Architect/Engineer. Norman Blandon Phone: (305) 297 -2812 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: . "Owner ,%Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY. —Text Amendment to LDC LC Variance X Letter of intent _ Zoning Map Amendment _Special Use _ Justifications for change PUD Approval —Special Exception X Statement of hardship PUD Major Change _Other (Waiver of Plat) Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: , Contract to purchase X Current survey (1 original sealed and signed /1 reduced copy @ I V x 17 ") X 15 copies of Site Plan 1 reduced copy @ 11" x 17" 20% Property owner signatures The applicant requests a landscaping variance to allow for a 2.5 ft. landscape buffer on the north perimeter of the property where a 5 ft. landscape buffer is required. Section: 20 Subsection: 4.5(13)(1)(a) Page* 88.1 Amended Date: X Mailing labels (3 sets) and map Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of ythelplicarit's knowledge and belief. Applicant' Si tore and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment City of South Miami PB -06 -024 Variance Application 7641 SW 62 Avenue - 7211 7301 7248 6280 J 7220 600 7311 7340 p 7313 N d �5 90 7321 7320 r > 0 5y Z Q s� 7333 7330 N w cD p sy� s w 6250 Z 7340 r ° A \� 6022 o W 74TH ST >� ^a soao y0. 60 7401 7400 7401 U) 5O o rn h 7411 7410 7411 w 0111 � 7410 > 7 7421 7420 s� Q 7421 ?s �y00 1 7440 v 7431 7430 7431 Y 7501 7500 7500 7500 7511 7511 7510 7511 Q� 7515 7520 1540 7530 7521. 7520 7521 �lQ� 7535 7540 7541 o o �O V 7575 6101 7541 c°o 5991 7531 5 h s ^ SU .1ECT SW 76TH ST n 6150 7606 m o 1601 7600 P OPERTY 7 61 0 7615 7616 7621 7620 w 7621 7620 ��0 7633 7630 6' � 7630 Q 7631 7628 W0 7640 _ 6 w 7640 f— 7641 7634 290 N 7700 7701 7700 > 7701 7650 0 61l ° 7710 7711 7710 U) 7711 M 7720 7720 y^ CO 7721 7714 7721 G3�0 tO 7700 7730 7731 7720 7731 7740 e�so SW 78 rn� Cl) t°y ° 0 6140 6110 M 0 M o° 0) 0 0) 04 m m ENO c°o t°o w °o U) LO 7 o ro tvo° 7851 Op _ N ° ° 0 0 0 °0 5991 5961 5 N N 7 � cli m cNC w SW 79TH ST 6330 6310 0 M M C1 M ° ° a' w o m °o' G t0 N o 5 5 D ° 0 ° N 0 989 y9y1 5 ............. Yl ......... DAIS ■DR■ ■ ■ ■ ■ ■ DAVIS RD SW 80TH ST ■ m° 6340 y00^ 0 0° o c 6200 6 yo 0 ^ry0 00 8 5980 5 8015 ■ 0 300 600 900 1,200 1,500 Feet N N O1O C-4 o m m to C-4 r O t0 fN0 tND N0 e.0 to w ° ° a' w o m °o' G t0 N o 5 5 D ° 0 ° N 0 989 y9y1 5 ............. Yl ......... DAIS ■DR■ ■ ■ ■ ■ ■ DAVIS RD SW 80TH ST ■ m° 6340 y00^ 0 0° o c 6200 6 yo 0 ^ry0 00 8 5980 5 8015 ■ 0 300 600 900 1,200 1,500 Feet SHUTTS T BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW MARIA A. GRALIA E -MAIL ADDRESS: (305) 347 -7328 Direct Telephone mgralia @shutts - law.com August 17, 2006 Don O'Donniley, Director City of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Letter of Intent for 7641 S.W. 62nd Avenue /Applications for Zoning Variances and Site Plan Approval (the "Applications ") Dear Mr. O'Donniley: This firm represents V & B Property of Miami, Inc. (the "Applicant "), the owner of a parcel of land (the "Property ") located at the above referenced address in the City of South Miami, Florida (the "City "). The Property is presently zoned Residential Office ( "RO ") and is bounded by an office-'condominium to the south, an office to the north, 62nd Avenue to the west (facing the back of a Pet Co situated across the street), and a residence to the east. I. The Requests V & B requests two zoning variances and site plan approval from the City's Land Development Code (the "LDC "). First, the Applicant seeks a lot size variance that would allow development to occur (1) on a net area of 7,003.50 square feet where 7,500 square feet are required, and (2) with a frontage of 50 feet where 75 feet are required. Since the Property is a non - conforming, substandard -sized lot, the Applicant requests this variance so that it can develop the Property while maintaining the existing RO zoning designation. Second, the Applicant seeks a landscaping variance to allow for a 2.5 foot landscape buffer on the north perimeter of the Property, where a 5 foot landscape buffer is required. The Applicant requests this variance so that it has the ability to insure the safe maneuvering of traffic on the Property and simultaneously remain compliant with other LDC provisions. It is important to emphasize that the south perimeter of the Property does not need such a variance; hence this request is limited to a 2.5 foot reduction of the northern landscape buffer. Additionally, since the property abutting the Applicant's Property on the north side provides a significant landscape buffer with mature trees, the impact of this landscaping variance is mitigated. 1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WEBSTPE: www.shutts- Iaw.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON Don O'Donniley, Director August 17, 2006 Page 2 IL . The Project Along with the Application, the Applicant has submitted a site plan prepared by Norman Blandon, of N25 Architecture Co., entitled V &B Office Building, dated August 8, 2006 (the "Site Plan"). The Site Plan provides for a two- story, 2,000 square foot office building with parking located on the ground level (the "Office"). Despite the fact that the Property is only 7,003.50 square feet, the Office's innovative use of space and design significantly enhances the appearance and does not detract from the safety of the area. The Office is designed so that the first floor is an elevator lobby that covers 315 square feet, utilizing approximately 26% less space than the maximum building coverage allowed by the LDC. The second floor contains the main office and several balconies. The above mentioned design choices, coupled with the fact that Office is lined with floor -to- ceiling glass windows, creates ample open space and provides an unobstructed view of the lush landscaping on the Property. Further, the Project was designed so that there is sufficient space for traffic to safely circulate. We appreciate your attention to this matter and look forward to your favorable review and recommendation in connection with these Applications. Very truly yours, glan A. Gralia MAG /gw cc: Mr. Luis Velis Mr. Norman Blandon Lauren M. Harper, Esq. MIADOCS 1050963 2 SHIMS & BOWEN UP MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables (1) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single- Family Districts" (Section 20- 3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20-3.5G). • Land Development Code Section 20- 3.5(G) DIMENSIONAL REQUIREMENTS REQUIREMENT RO Net Area (sq. ft.) 7500 Frontage (ft.) 50 • Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the Variance(s) -7641 SW 62 Ave.. September 25, 2006 Page 6 of 3 names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of and concurrence with the proposed variance request. (F) _ Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off- street parking (8) Open space (9) Signs (10) Landscaping W, 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE 0 1 o v, 1 `O CURS n N _ 1 kn N 9 91-01, go- I -pn 9--o-, 101..pu IS' _oil '9 O -- M?►N E: U17 ER ? N G AR E� ONE WAY OR TWO WAY 23w • , I � L..?�N D S Cils P —# 1 $1_01$ is 0 ..� 22._0.. ( 12._0,' 151 _0.. 5,_0,', PAI�LLEL P1►RX2NG TH.liOUGH 'I'Fi�FF =C ONLY MAN,�VVER2NG AR E1► — ONE WAY 1 3 • — TWO WAY 2 2 ENTRANCE /EX =T L.IR=VEWAYS ONE WAY 3-29 — 'J'WO WAY 2 2 • Supp. No. 4 96.4 . o►I —# 1 $1_01$ is 0 ..� 22._0.. ( 12._0,' 151 _0.. 5,_0,', PAI�LLEL P1►RX2NG TH.liOUGH 'I'Fi�FF =C ONLY MAN,�VVER2NG AR E1► — ONE WAY 1 3 • — TWO WAY 2 2 ENTRANCE /EX =T L.IR=VEWAYS ONE WAY 3-29 — 'J'WO WAY 2 2 • Supp. No. 4 96.4 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 25, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff Ms. Yates and Mr. Farfan. Board members absent: None City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (A)PB -06 -024 Applicant: V & B Property of Miami, Inc. Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED Planning Board Meeting September 25, 2006 Page 2 of 4 AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE Action: Mr. O'Donniley explained that the applicant is requesting approval of a variance for lot size which includes frontage and a second variance from a required perimeter parking lot landscape provision. The variances are needed in order to construct a proposed two -story building with 2,000 s.q. ft of office space with the required off - street eight parking spaces located on the ground floor under the building. At this point Mr. O'Donniley provided a brief background on the subject parcel. He indicated that the subject parcel is a non - conforming property and any new construction must meet the zoning standards for the RO Residential Office zone district. He also noted that the lot area of the parcel is 7003 sq. ft. which is also below the minimum required lot size of 7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the zoning district. Mr. O'Donniley addressed the applicant's hardship letter which claims that the substandard size of the property prohibits the use of the property for its intended purpose. Furthermore, a second variance is also a result of the placement of the required parking spaces (parking lot) along a perimeter property line. Mr. O'Donniley also noted that all exposed outside parking lots must have a 5 feet wide section of landscaping on the side. The applicant's submitted plans show only 2 1/2 on the north side of the parking area. The applicant in the hardship letter indicates that the variance is necessary to assure the safe maneuvering of traffic in the parking area. Mr. O'Donniley made the following observations: (1) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning district). (2) The lot area/frontage variance request is a not a unique situation. The substandard size of the property is a deterrent to the development of the property. There have been similar requests from other property owners in the MO zoning districts and there are properties in another RO district which may require this same type of variance if new development is contemplated. (3) In May of 2005 an applicant requested two similar variances (lot size and reduction of perimeter landscaping) to permit an office building on a substandard lot in an MO zoning district. The Planning Board recommended approval of both variances, however, the City Commission approved only the lot size variance. The applicant was advised to redesign the structure or parking area to comply with the required five foot landscape perimeter. This can be interpreted as a policy preferred by the Commission. (4) The requested lot size / frontage variance is necessary to use the property and constitutes a hardship. There will be minimal impact on surrounding properties. The perimeter landscape variance request although minimal is not a hardship and can be avoided by adjustment of the plans Planning Board Meeting September 25, 2006 Page 3 of 4 Applicant's representative: Maria A. Gralia, Esq. Ms. Gralia explained that a lot size variance that would allow development to occur on a net area of 7,003 sq. ft where 7,500 sq. ft are required and with a frontage of 50 feet where 75 feet are required. Since the property is non - conforming, substandard -sized lot, the applicant requests this variance so that it can develop the property while maintaining the existing RO zoning designation. The landscaping variance would allow for a 2.5 foot landscape buffer on the north perimeter of the property, where a 5 foot landscape buffer is required. Ms. Gralia indicated that the variance was needed in order to insure the safe maneuvering of traffic on the property and simultaneously remain compliant with other LDC provisions. She also noted that the south perimeter do not need such a variance. Ms. Gralia also addressed the site plan prepared by Norman Blandon of N25 Architecture Co. She stated that despite that the property is only 7,003.50 sq. ft, the Office's innovative use of space and design significantly enhances the appearance and does not detract from the safety of the area. Mr. O'Dooniley commented that this Board is not reviewing the design of the building that task is in the purview of the Environmental Review and Preservation Board. RECOMMENDATION It is recommended that the Board recommend approval of the lot size / frontage variance and deny the perimeter landscape variance request. If the landscape variance request is recommended for approval it should include a condition that a three foot high fence and bushes be installed on the north property line, as shown on the cover graphics part of the submitted plans. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Brian Rothman Supported Mr. Rothman stated is the north side property owner. He said he did not object to the variances, but would like to see a 5 or 6 feet fence with landscaping so that there is a good separation between the properties. Bob Welch Opposed Mr. Welch provided an example in which the owner of the property that sits on SW 70 St and SW 62 Terrace did not check the requirements for the "RO" zoning and now is faced that parking spaces need to be added but can't because oak trees would need to be removed. Mr. Welch urged the Board to let the prospective developers know that if a lot sits on a non - conforming use they should comply with the regulations of the zoning and not look for variances to make projects fit. Peter Jude Opposed Mr. Jude commented he owns a unit at 6211 SW 78 St and serves as president of Rittenhouse Condominium Association. The condominium is located on 62 Ave and 78 St. Tonight he is speaking on behalf of four other unit owners, who like himself, have a Planning Board Meeting September 25, 2006 Page 4 of 4 concern given with the variances the developer will be able to squeeze a larger building than the zoning allows for. Richard Anderson Opposed Mr. Anderson stated he owns two properties adjacent. He commented that given the discussion earlier tonight about regulating the size of single - family homes and now this new proposed construction has a lot area of the parcel of 7003 sq. ft where the minimum required lot size is 7500 sq. ft. A considerable concern he has heard from the neighbors in the surrounding area is the concern about the parking. He indicated he did not agree with the variances. Motion: Ms. Yates motioned to recommend approval of the lot size / frontage variance with the condition that the landscape variance be denied. Ms. Lahiff seconded the motion. Vote: Ayes 3 Nays 4 (Mr. Beilman, Mr. Comendeiro, Mr. Davis, Mr. Morton) Motion failed for lack of a majority. Motion: Mr. Beilman motioned to recommend approval of both variances. Mr. Davis seconded the motion. Vote: Ayes 5 Nays 2 (Ms. Yates, Mr. Farfan) K:\PB\PB Minutes\2006 Minutes\PB MINS 9 -25 -06 Excerpt 06- 024.doc 5582 N.W. 7N STREET, SUITE 202 MIAMI, FLORIDA 33128 SURVEY NO. TELEPHONE: (305) 254 -2850 LAND SURVE ORS ova ,�Urvt �� �Nnr. FAX _ (305) 264-0229 G A4 9HEETNO. DRAWN By / oF? Survey of Lot: 6 Block: 3 Subdivision: MAP OF LARKIN PINES According to the Plat thereof as recorded in the Plat Book No. 24 at Page No. 20 of the public records of MIAMI -DADE County, Florida. Property Address: 7641 SW 62 AVE, MIAMI, FL 33143 For: LUIS VELIS Date: 07 /17/2003 LOCATION SKETCH Scale 1" ' N �I 2y J 6246 II ►� I(. �r 0 e 7 6 ABBREVIATIONS AND MEANING - A -ARC. F.N.D. -FOUND NAILS DISK P.R.C.= POINT OF REVERSE LEGEND TYPICAL ' A/C . AIR CONDITIONER PAD. FR. = FRAME. CURVE. AE. ANCHOR EASEMENT. FT. FEET. PROP. COR. PROPERTY WOOD FENCE. AJR =ALUMINUM ROOF. FNIP. = FEDERAL NATIONAL CORNER. CHAIN LINK FENCE. NS. ALUMINUM SHED. INSURANCE PROGRAM. P.B. . PLAT BOOK -. C.B.S. WALT. C.B.W. ASPH. =ASPHALT. F.N. =FOUND NAIL PG, - PAGE, 0'� x EXISTING ELEVATIONS. B C.. BLOCK CORNER H. - HIGH (HEIGHT). PWY .PARKWAY BLDG, - BUILDING. • IN. 8 EG. - INGRESS AND EGRESS PRIM - PERMANENT REFERENCE ow B.M. =BENCHMARK. EASEMENT. MONUMENT. PROPOSED ELEVATIONS. B.O.B.. BASIS OF BEARINGS. LP. = LIGHT POLE. RL.S. - PROFESSIONAL LAND C.- CALCULATED. LF.E.= LOWEST FLOOR SURVEYOR. SIRVBYO a'S NOTES' I). IF SHOWN, BEARINGS ARE C.B. CATCH BASIN. ELEVATION. R. - RECORDED DISTANCE. REFERRED TO AN ASSUMED MERIDIAN, BY SAID PLAT C.B.S. - CONCRETE BLOCK LM.E. - LAKE MAINTENANCE RR - RAILROAD. IN THE DESCRIPTION OF THE PROPERTY. IF NOT, STRUCTURE. : EASEMENT. RES.-RESIDENCE ?HEN BEARINGS ARE REFERRED TO COUNTY CBW - CONCRETE BLOCK WALL. '-MINUTES. . W W. = RIGHT -OF -WAY. TOWNSHIP MAPS. " CH. - CHORD DISTANCE - M. - MEASURED DISTANCE. RAD. -RADIUS OR RADIAL. CH. B. - CHORD BEARING. MON..- MONUMENT. R.P. - RADIUS POINT. 2). IF SHOWN, ELEVATIONS ARE REFERRED TO RGr CL -CLEAR MM. =MANHOLE I�.31 C.LF. -CHAIN LINK FENCE. M/L - MONUMENT UNE SEC. = SECTION. 8.M# N lifi ELEV. / C.M.E. -CANAL MAINTENANCE'. N.A.P: - NOT A PART OF. STY. - STORY. OF N.G.V.D. OF 1929. ' EASEMENT. NGVD= NATIONAL GEODETIC SWK. - SIDEWALK. I CONC. = CONCRETE. VERTICAL DATUM. S.I.P.. SET IRON PIPE LB. #6044 3). THIS IS A SPECIFIC PURPOSE SURVEY. C.P.. CONC: PORCH. N. = NORTH. S. - SOUTH. C.S.. CONCRETE SLAB. N.T.S. - NOT TO SCALE. S.N.D. - SET NAIL 8 DISK LB46044. 4). THE CLOSURE IN THE BOUNDARY SURVEY IS D.E. - DRAINAGE EASEMENT # - NO. - NUMBER_ SP. -SCREENED PORCH. ABOVE 1:7500 FT, D.M.E. - DRAINAGE MAINTENANCE O/S.= OFFSET. " =SECONDS. IHEREBY CERTIFY: THAT THIS'SOUNDARY SURVEY• ' EASEMENT. OH. = OVERHEAD. T. = TANGENT.. OF THE PROPERTY DESCRIBED HEREON, AS DRIVE. - DRIVEWAY. o. H.L.= OVERHEAD UTILITY ONES TWP - TOWNSHIP. RECENTLY SURVEYED AND DRAWN UNDER MY o =DEGREES. OVH.- OVERHANG. U.E.= UTILITY EASEMENT. SUPERVISION, COMPLIES WITH THE MINIMUM. E. - EAST. - O.R.B. - OFFICIAL RECORD BOOK. UTIL - UTILITY. - TECHNICAL STANDARDS AS SET FORTH BY E.T.P. - ELECTRIC TRANSFORMER PVMT. = PAVEMENT. U.P. - UTILITY POLE. THE FLORIDA BOARD OF PROFESSIONAL LAND PAD. PL - PLANTER. W.M. - WATER METER: SURVEYORS IN CHAPTER SIG174 FLORIDA ELEV. - ELEVATION. PA_ = PROPERTY LINE. W.F. - WOOD FENCE. ADMINISTRATIVE CODE PURSUANT _ ENCR. - ENCROACHMENT. P.C.C. - POINT OF COMPOUND W.S, - WOOD SHED. TO 472027, FLORIDA STATUTES. F.H. =FIRE HYDRANT. CURVE A- CENTRALANGLE. F.I P. -FOUND IRON PIPE. P.C. = POIN VEF CURVE. W - WEST F.I R.. FOUND IRON ROD, PT. - POINT OF TANGENCY. CENTER LINE. F.F.E. - FINISHED FLOOR POC. -POINT OF COMMENCEMENT BY: ,I ELEVATION. FOR = POINT OF BEGINNING. 2T,-- ANGLE. ISARRA (DATE OF Fl WORK). PROFESSI LAND SURVEYOR NO.ZOy LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEY): - STATE OF FLORIDA (VAUD COPIES OF THIS SURVEY WILL EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND INSTRUMENTS, IF ANY, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEDICATIONS, SURVEYOR). UMII'ATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORD. LEGAL DESCRIPTIONS PROVIDED BY CUENT OR ATTESTING TITLE COMPANY.' BOUNDARY SURVEY MEANS A DRAWING AND/OR A GRAPHIC REPRESENTATION OF THE SURVEY WORK M ,1 PERFORMED IN THE FIELD, COULD BE DRAWN AT A SHOWN SCALE AND/OR NOT TO SCALE. 3 �O `1' EASEMENTS AS SHOWN ARE PER PLAT BOOK, UNLESS OTHERWISE SHOWN. REVISED ON C/ �-, 1. \Q t THE TERM' ENCROACHMENT' MEANSVISIBLE AND ABOVE GROUND ENCROACHMENTS. ARCHITECTS SHALL VERIFY ZONING REGULATIONS, RESTRICTIONS AND SETBACKS AND THEY WILL REVISEDON_Ul�' /,N'7 //G BE RESPONSIBLE OF SUBMITTING PLOT PLANS WITH THE CORRECT INFORMATION FOR THEIR APPROVAL FOR AUTHORIZATION TO AUTHORITIES IN A NEW CONSTRUCTION UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTINGS AND/OR FOUNDATIONS.: FENCE OWNERSHIP NOT DETERMINED.. THIS PLAN OF SURVEY, HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, THE CERTIFICATE DOES NOT EXTEND. TO ANY UNNAMED PARTY: THE FNIP FLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED LAND TO BE Situated in Zone; X Community /Panel /Suffix: 120650 - 0276 -J W Date of Firm: 07/17/1995 Base Flood Elevation: Certified to: LUIS VELIS w E 4 s SEAL ABBREVIATIONS AND MEANING - A -ARC. F.N.D. -FOUND NAILS DISK P.R.C.= POINT OF REVERSE LEGEND TYPICAL ' A/C . AIR CONDITIONER PAD. FR. = FRAME. CURVE. AE. ANCHOR EASEMENT. FT. FEET. PROP. COR. PROPERTY WOOD FENCE. AJR =ALUMINUM ROOF. FNIP. = FEDERAL NATIONAL CORNER. CHAIN LINK FENCE. NS. ALUMINUM SHED. INSURANCE PROGRAM. P.B. . PLAT BOOK -. C.B.S. WALT. C.B.W. ASPH. =ASPHALT. F.N. =FOUND NAIL PG, - PAGE, 0'� x EXISTING ELEVATIONS. B C.. BLOCK CORNER H. - HIGH (HEIGHT). PWY .PARKWAY BLDG, - BUILDING. • IN. 8 EG. - INGRESS AND EGRESS PRIM - PERMANENT REFERENCE ow B.M. =BENCHMARK. EASEMENT. MONUMENT. PROPOSED ELEVATIONS. B.O.B.. BASIS OF BEARINGS. LP. = LIGHT POLE. RL.S. - PROFESSIONAL LAND C.- CALCULATED. LF.E.= LOWEST FLOOR SURVEYOR. SIRVBYO a'S NOTES' I). IF SHOWN, BEARINGS ARE C.B. CATCH BASIN. ELEVATION. R. - RECORDED DISTANCE. REFERRED TO AN ASSUMED MERIDIAN, BY SAID PLAT C.B.S. - CONCRETE BLOCK LM.E. - LAKE MAINTENANCE RR - RAILROAD. IN THE DESCRIPTION OF THE PROPERTY. IF NOT, STRUCTURE. : EASEMENT. RES.-RESIDENCE ?HEN BEARINGS ARE REFERRED TO COUNTY CBW - CONCRETE BLOCK WALL. '-MINUTES. . W W. = RIGHT -OF -WAY. TOWNSHIP MAPS. " CH. - CHORD DISTANCE - M. - MEASURED DISTANCE. RAD. -RADIUS OR RADIAL. CH. B. - CHORD BEARING. MON..- MONUMENT. R.P. - RADIUS POINT. 2). IF SHOWN, ELEVATIONS ARE REFERRED TO RGr CL -CLEAR MM. =MANHOLE I�.31 C.LF. -CHAIN LINK FENCE. M/L - MONUMENT UNE SEC. = SECTION. 8.M# N lifi ELEV. / C.M.E. -CANAL MAINTENANCE'. N.A.P: - NOT A PART OF. STY. - STORY. OF N.G.V.D. OF 1929. ' EASEMENT. NGVD= NATIONAL GEODETIC SWK. - SIDEWALK. I CONC. = CONCRETE. VERTICAL DATUM. S.I.P.. SET IRON PIPE LB. #6044 3). THIS IS A SPECIFIC PURPOSE SURVEY. C.P.. CONC: PORCH. N. = NORTH. S. - SOUTH. C.S.. CONCRETE SLAB. N.T.S. - NOT TO SCALE. S.N.D. - SET NAIL 8 DISK LB46044. 4). THE CLOSURE IN THE BOUNDARY SURVEY IS D.E. - DRAINAGE EASEMENT # - NO. - NUMBER_ SP. -SCREENED PORCH. ABOVE 1:7500 FT, D.M.E. - DRAINAGE MAINTENANCE O/S.= OFFSET. " =SECONDS. IHEREBY CERTIFY: THAT THIS'SOUNDARY SURVEY• ' EASEMENT. OH. = OVERHEAD. T. = TANGENT.. OF THE PROPERTY DESCRIBED HEREON, AS DRIVE. - DRIVEWAY. o. H.L.= OVERHEAD UTILITY ONES TWP - TOWNSHIP. RECENTLY SURVEYED AND DRAWN UNDER MY o =DEGREES. OVH.- OVERHANG. U.E.= UTILITY EASEMENT. SUPERVISION, COMPLIES WITH THE MINIMUM. E. - EAST. - O.R.B. - OFFICIAL RECORD BOOK. UTIL - UTILITY. - TECHNICAL STANDARDS AS SET FORTH BY E.T.P. - ELECTRIC TRANSFORMER PVMT. = PAVEMENT. U.P. - UTILITY POLE. THE FLORIDA BOARD OF PROFESSIONAL LAND PAD. PL - PLANTER. W.M. - WATER METER: SURVEYORS IN CHAPTER SIG174 FLORIDA ELEV. - ELEVATION. PA_ = PROPERTY LINE. W.F. - WOOD FENCE. ADMINISTRATIVE CODE PURSUANT _ ENCR. - ENCROACHMENT. P.C.C. - POINT OF COMPOUND W.S, - WOOD SHED. TO 472027, FLORIDA STATUTES. F.H. =FIRE HYDRANT. CURVE A- CENTRALANGLE. F.I P. -FOUND IRON PIPE. P.C. = POIN VEF CURVE. W - WEST F.I R.. FOUND IRON ROD, PT. - POINT OF TANGENCY. CENTER LINE. F.F.E. - FINISHED FLOOR POC. -POINT OF COMMENCEMENT BY: ,I ELEVATION. FOR = POINT OF BEGINNING. 2T,-- ANGLE. ISARRA (DATE OF Fl WORK). PROFESSI LAND SURVEYOR NO.ZOy LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEY): - STATE OF FLORIDA (VAUD COPIES OF THIS SURVEY WILL EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND INSTRUMENTS, IF ANY, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEDICATIONS, SURVEYOR). UMII'ATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORD. LEGAL DESCRIPTIONS PROVIDED BY CUENT OR ATTESTING TITLE COMPANY.' BOUNDARY SURVEY MEANS A DRAWING AND/OR A GRAPHIC REPRESENTATION OF THE SURVEY WORK M ,1 PERFORMED IN THE FIELD, COULD BE DRAWN AT A SHOWN SCALE AND/OR NOT TO SCALE. 3 �O `1' EASEMENTS AS SHOWN ARE PER PLAT BOOK, UNLESS OTHERWISE SHOWN. REVISED ON C/ �-, 1. \Q t THE TERM' ENCROACHMENT' MEANSVISIBLE AND ABOVE GROUND ENCROACHMENTS. ARCHITECTS SHALL VERIFY ZONING REGULATIONS, RESTRICTIONS AND SETBACKS AND THEY WILL REVISEDON_Ul�' /,N'7 //G BE RESPONSIBLE OF SUBMITTING PLOT PLANS WITH THE CORRECT INFORMATION FOR THEIR APPROVAL FOR AUTHORIZATION TO AUTHORITIES IN A NEW CONSTRUCTION UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTINGS AND/OR FOUNDATIONS.: FENCE OWNERSHIP NOT DETERMINED.. THIS PLAN OF SURVEY, HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, THE CERTIFICATE DOES NOT EXTEND. TO ANY UNNAMED PARTY: THE FNIP FLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED LAND TO BE Situated in Zone; X Community /Panel /Suffix: 120650 - 0276 -J W Date of Firm: 07/17/1995 Base Flood Elevation: Certified to: LUIS VELIS w E 4 s SEAL UNLESS OTHERWISE NOTED, THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTINGS AND/OR FOUNDATIONS.: FENCE OWNERSHIP NOT DETERMINED.. THIS PLAN OF SURVEY, HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, THE CERTIFICATE DOES NOT EXTEND. TO ANY UNNAMED PARTY: THE FNIP FLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED LAND TO BE Situated in Zone; X Community /Panel /Suffix: 120650 - 0276 -J W Date of Firm: 07/17/1995 Base Flood Elevation: Certified to: LUIS VELIS w E 4 s SEAL 6.+82 N. W. Ah STREET, SUITE 202 f �Ii)nr i TELEP FLORIDA 33128 'r; SURVEY NO. TELEPHONE; (306)2842880 FAX: (3M) 2840228 LAND SURVEYORS SHEErNO. of Z ` 20' BOUNDARY SURVEY scale 1• _ l�T l9 8 �X S� 6� /Ta, �OQ Fri /z" X , FS'p y X l/.67' 060 i8) 6 nn (5) ZZ 24' G 0T-G 5 BLOCK 3 X07`6 k It -II GOT BLOC�C 3 xl s ( N 7XEE 4 P6 /riG✓f Sv es4o AVO CAW. yy G"A41W _IMBO k \\f �\ 90' Z 7. roA404J L /Mayo 7b 3 6UM6d1-1M60 \ D 60' 7� \ 57 1 \\� X 1 ROYRL PgLM 130' O, i0 ,C.ti`l." 2G2,45� ,�,�COwr� •.�a� � (l.P 01, avy /'o ',-iv Y N CITYOFSOUTHM1AM1 „ MIAMI DAILY "BUSINESS REVIEW NoTICEOFPUBL'ICHEABINc Published Daily except Saturday, Sunday and ` HOTICE IS HEREBY given that Oa+Cftjr CommleahnbfBte ClLyo7SaAh Leger Holidays Mraml , Florlde wN* eond let PublIO:Haari bWft r C Miami, at H Il Miami-Dade County, Florida Commlesiort rnee8rrg sdteduled far4Tuesday OeEOb 17 2008 STATE OF FLORIDA beginning 80 :30 pm M the City Commlsdon Chemben• 8130 Stepet COUNTY OF MIAMI -DADE: Orive 10 corrsiderlhefo8ovnrtg0ema (➢ s� "'� tEtxf tig * J yeti k��t4 i?y� - &• Before the undersigned authority personally appeared AN'ORDINANCE OF'"E.N YOR AND CITY.�COMMUMI OF THE CITY OF SOUTH MUWI FLORIDA, RELATBIG TO A SOOKIE WILLIAMS, who on oath says that he or she is the REGUEST,TO AMEND THE OFFICIALZONING MAP OFTHE VICE PRESIDENT, Legal Notices of the Miami Daily Business CI7Y.,OF- SOUTH. MIAMI�LAND`DEVELOPMENTtCWE BY Review f/k/a Miami Review, a daily (except Saturday, Sunday MESIGNATING"A SINGLE FAMILY: RESIDENT1W8UILDINGe�,-i and Legal Holidays) newspaper, published at Miami in Miami -Dade LOCATED AT 8151 :48W163rd,TERRACEJAS`AWHISTORIC .County, Florida; that the attached copy of advertisement, SITE`AND BY PLACEMENLOF AN >NISTORIC.PRESERYA -. being a Legal Advertisement of Notice in the matter of �O ER DY,12D E I 4RDpNIN PRO PERTY, PROVING FOR ^:SEVERABIL TY .;PROVIDING "FOWORDINANCES?IN'r CONFLICTAND PROVIDING AN EFFECTIV E DATEIM lPj.' CITY OF SOUTH MIAMIFt�fsC PUBLIC HEARING - OCTOBER 17, 2006 AN ORpINANCE`OF•THE"MAYOR °AND CITY%COMMISSION OF THE CITY OFSOUTH MIAMI, FLORIDAi,RELATIN6 in the XXXX Court, REQUEST TG AMEND THE OFFICIAL ZONING 'MAP. OFTHEA was published in said newspaper in the Issues of CITY OF.SDUTH'MUUdI LAND DEVELOPMENT.COOE';SY = DESIGNATINQ A SINGLE PAMI4YRESIDENTBU1LDING 10/06/2006 ''LOCATED ATOM SIN 63rd COUR U1hT ASAN.HISTORIGSI7E ;AND BY, PLA CEMENT- OF;ANrMBTORIC PREBERVATION OVERLAY: ZONE "(HP-0IR'OVER'q`THEn: E106TIN0r ZONING AfFlant further says that the said Miami Daily Business USE= DISTRICT. F,PROV IS PROF RTY;ORDI IDING,FOR Review is a newspaper published at Miami in said Miami -Dade ' SEVERABILITY, rPROVIDINGR;'FOR,a•ORDINANCES±' IN County, lorida and that the said newspaper has CONFLICT AND PROWDINGAN EFFECTIVEDATE , ty, P r:9 � i c i . 3F ,r heretofore been continuously published In said Miami -Dade County, A RESOLUTION OF.THE MAYOR`AND cITY COMMISSION Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE CITY OF SOUTH MIAMI, FI ORIDA %RELATING;TO and has been entered as second class mail matter at the post THE ISSUANCE OF;A CERTIFICATE OF APPROMATE office in Miami in said Miami -Dade County, Florida, for a - NESS PURSUANTTO SECT IPM 206:19(Ex3):OF THE -LAND period of one year next preceding the first publication of the DEVELOPMENTeCODE,FO THE PLACEMENT,OF,WALL attached copy of advertisement; and affant further says that he or SIGNS - FOR `MANARA RESTAURANTiON A DESIGNATED she has neither paid not promised any person, firm or corporation HISTORIC BUILDINO';LOCATEO.AT 5537?SUNSEL,DWVE any d' count, rebate, commission or re fugd for the purpose (SHE LLEYBUILDING) PROVIDIN6AN EFFEC71VEDATE. of s ng this advertisement for publication in the said LI 4 t ' i f`-, � ,US d A RESOLUTION OF,THE,MAYOR AND f:ITY COMM18S10N ne per. OF THE CITY OF SOUTH MIAMI, REATING TOA REQUEST 1 PURSUANT TO SECTION 20.10.6 OFyTHE LAND DEVELOP J MENT' CODE x 1 FOR': A. SPECIAL USE ,vAPPROVAL -, T, INCREASE HEIGHTOFAN EXISTING STEALTHCELLU LARANTENNA INSIDE THE CROSS ON PROPERTY LOCAT Swom to and subscribed before me this ED-ATi 6330 SW.40th STREET WITHIN THE;'PP,: PUBLIC 5 INSTITUTIONALZONING USE DISTRICT PROVIDING FOR 06 day of OCTOBER A.D. 2006 AN EFFECTIVEDA7E5 v ! r l •t A RESOLUTION OF THE MAYOR 'I CITY COMMISSION OF j� "]/1/l THE CITY OF SOUTH MIAMI, FLORIDA RELATiNG•TO'A 6'�"'�'-- :. REQUESTFOR: TWOVARIANCESFROM .SECTION20- S.5(G) ' '- OFTHEiAND DEVELOPMENT - CODE:TO ALLOW THE,LOT " (SEAL) C"HMamxr SIZE OF A.BUILDING S1TE,,TO'BE.7003- SOUAREtFEET AA Cammisaion D0338559 WHERE A MINIMUM. LOT SIZEiOFe75116SOUARE,FEET IS SOOKIE WILLIAMS personallvak o e REQUIRED AND SP FEET OF FRONTAGEWHERIE FEET qw Fq es July is. 2003 IS REQUIRED; A VARIANCE FROM THE PARIUNG;SPACE DIMENSIONAL;; REQUIREMENT;;. GRAPHIC ,-OFpSECTION 20�tA OF THE, LAND: DEVELOPMENT CODE TO PERMIT 2 i A RESOLUTION dF 7HE MAYOR hND C17Y COMMISSION FEET 6 INCHS OF ABUTTING LANDSCAPE ON THE ! OF THE CITY OF SOUTH MIAMI, FLORIDA; "RELATING'TOA, NORTH ;; SIDE .,OF;�THErPROPERTY °WHE. .,5iFEEW— i REQUEST -TO ALLOWFOR :;THE,CREATIONtOF ;LOTS.t 1 # REQUIRED, ALL ON PROPERTY,LOCATED.AT,7841 SW 62 AND '2' ON PROPERTY SPECIFICALLY LOCATED AT 82W 4 s ' " AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE'RO. ' „REST SW 65TH.AVENUE, SOUTH Mllw, FLORIDA,WITHIN AN r OENTUU-AFFICE ZONING US R ISTRICT THE PURPOSE RS- 3'LOWDENSITY RESIDENTIAL- ZONINODISTRICT';=AScr +t OFATWO,STORESISTOPERMITTHE }CONSTRUCTION PERMITTEDBY:PROVISIONSPERTAINI IG70WANER,OFJ A:TWO STORY: OFFICE BUILDING AND PROVIDING, :' PLATASSETFOR7HINSECTK )N.2Wt2(B)OFTHESOUT�Im� FORANEFFECTIVEDATE °" MIAMI LAND.DEVELOPMENT:CODE AND --SECTION 26A:0F�,hi;l j THE: MIAMI DAOE ,COUNTY.CODETHEPURPOSE,OFTHE j ✓) WAIVER OF PLAT IS TO ALLOW FOR THE CONSTRUCT10N4 s'- OF - A,;SINGLEi FAMILY.=HOME'0N; LOT; 1. WAND lHE " 1 ;.`.CONSTRUCTION: OFASINGLE.FANtOm MEONLOT,.Z a PROVIDING FORA LEGAL DESCRIPTION ANDPROVIDINGk FOR AN EFFECTIVE DATE", � ;,Y A RESOLUTION 'OF-Wit, 6 CRY;COMMISSION OF Pursuant to Florida Starates 288.010,5 the City -hereby adVlses thhe` public that; 0,a person doodles. to appeel-any,,declslon made. Otie ! by, Board, Agency or Commission with respectto arty matter eoftsldered at + Its mee0ng or hearing; h.e or she wN deed a record of the ,proceedings, and that for such purpose, affected person may need; tolensure that a verbatbn.record of the proceedro Is made which record Includes the,' testimony and evidence uponwhich the appeelistobebased s ?t 10/8 South Miami bftd 1 1 --- CITY OF SOUTH MIAMI • �NCOR9PZ;ATE� • OFFICE OF THE CITY MANAGER o aio INTER- OFFICE MEMORANDUM zoo, To: I The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: October 17 2006 ITEM No. 40 Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE Request: The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to permit a new single family home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. The applicant's property is a triangular shaped vacant lot with a lot area of 12,314 sq.ft. The property is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. The applicant's current plans are to build the front of the home facing the SW 63 Court, a residential oriented street. The frontage of a parcel is always considered the side facing a right -of -way or in the case of a corner lot, the shortest side. This is a double frontage lot and the frontage oriented toward Manor Lane would comply. In the applicant's proposal the lot frontage is to be on SW 63 Court, however, it is only 32.9 feet in a zoning district requiring a minimum of 75 feet in frontage. Staff Observations: (1) The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63rd Court. (2) The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in the Land Development Code in Section 20- 6.1(13)(3)(h). Planning Board Action: The Planning Board at its July 11, 2006 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval the requested variance with the following conditions: an opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line and the site plans be reviewed by the Environmental Review and Preservation Board before the item proceeds to the City Commission. The applicant did receive final design approval from the ERPB at its October 3, 2006 meeting. (2) Recommendation: It is recommended that the variance request be approved with the following condition: an opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line (with the exception of the driveway entrance) Backup Documentation: Resolution Planning Department Staff Report, 7 -11 -06 Application Location Map Letter of Intent Letter of Hardship LDC Applicable Regulations Survey Site Plan Excerpt Planning Board Minutes 7 -11 -06 Public notices SAY P: \Comm Items\2006\1 0-1 7-06\PB-06-019 Var 7630 SW 63 CT CM Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 6 20- 3.5(E) OF ' THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE 7 FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET 8 WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY 9 WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 10 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN 11 EFFECTIVE DATE 12 13 14 WHEREAS, Application No. PB -05 -019 was submitted to the Planning Board by 15 applicant, Hector Capo, said application requesting approval of a variance from Section 20- 3.5(E) 16 to permit a new < single family home to be built non a lot with a lot frontage of 32.9 feet where a 17 minimum of 75 feet is required; where 75 feet is required on property within an "RS -3 Single 18 Residential Zoning use district, specifically located at 7630 SW 63 Court, South Miami, Florida; 19 and, 20 21 WHEREAS, the applicant wishes to develop the property with a new single family home; 22 and, 23 24 WHEREAS, the applicant desires to place the frontage of the double frontage property 25 facing SW 63 Court which is a residential street thereby requiring a variance; and, 26 27 WHEREAS, the approval of a variance requires a recommendation from the Planning 28 Board and the approval of the City Commission after a public hearing; and, 29 30 WHEREAS, on July 11, 2006 the Planning Board, after public hearing, voted 5 ayes 0 31 nays to recommend approval with conditions of the variance requested; and, 32 33 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 34 the recommendation of the Planning Board. 35 36 37 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 38 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 39 40 Section 1. That the subject application submitted by applicant, Hector Capo, said 41 application requesting approval of a variance from Section 20- 3.5(E) to permit a new single family 42 home to be built on a lot with a lot frontage of 32.9 feet where a minimum of 75 feet is required on 43 property within an "RS -3" Single Residential Zoning use district, specifically located at 7630 SW 44 63 Court, South Miami, Florida is hereby approved; and 45 46 Section 2. The approval of the requested variances includes Exhibit A, Development and 47 Site Plan for the Residence "D ", 7630 SW 63 Court as prepared by Azze Architecture, Inc. and 48 dated 10 -6 -06 is incorporated herein. 49 50 51 52 1 Section 3. That the approval of the subject variances are based upon the following 2 findings: 3 4 a) The requested frontage variance is necessary due to the irregular shaped property and to allow 5 the proposed home to face a residential street versus a commercial area which if not granted would 6 constitute a hardship; 7 8 b) The variance requested will have minimal impact on surrounding properties; 9 10 c) The variance requested is a unique situation that would not be applicable to any other properties 11 in the immediate vicinity, and, 12 13 d) That the hardship is not self- created due to the unique shape of the property, which configuration 14 existed at the time the property was purchased. 15 16 Section 4. This resolution shall be effective immediately after the adoption hereof. 17 18 PASSED AND ADOPTED this , day of October, 2006 19 20 21 ATTEST: APPROVED: 22 23 24 CITY CLERK MAYOR 25 26 Commission Vote: 27 READ AND APPROVED AS TO FORM: Mayor Feliu 28 Vice Mayor Wiscombe: 29 Commissioner Palmer: 30 Commissioner Birts: 31 Commissioner Beckman: 32 Luis R. Figueredo, 33 Nagin Gallop & Figueredo, P.A. 34 Office of City Attorney 35 36 P: \Comm Items\2006\1 0- 1 7-06\PB-06-024 7641- SW 62• Resol.doc 37 38 39 40 41 42 43 44 45 46 47 48 49 (2) iY Y To: South Miami All medcaCity 1 I if 2001 CITY OF SOUTH MIAMI Honorable Chair & Planning Board Members Date: July 11, 2006 From: Don O'Donniley Re: Variance Request Planning Director 7630 SW 63 Court PB -06 -019 Applicant: Hector Capo Location: 7630 SW 63 Court Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FORA VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH NIIANII, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to permit a new single family home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20-6. 1 (B)(3)(h) - Powers and duties Planning Board • Land Development Code Section 20 -3 .6 (F)(4) — Roadway Dedications, Improvements and Setbacks BACKGROUND & ANALYSIS The applicant's property is a triangular shaped lot with a lot area of 12,314 sq.ft. The property is now vacant. The applicant is proposing to construct a two story single family home. The property PB 06 -019 Variance Request -5841 SW 63 Ct July 11, 2006 Page 2 of 5 is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. The frontage of a parcel is always considered the side facing a right -of -way or in the case of a corner lot, the shortest side. In the applicant's case the lot frontage is on SW 63 Court, however, _ is only 32.9 feet in a zoning district requiring a minimum of 75 feet in frontage. This is a double frontage lot and the frontage oriented toward Manor Lane would comply. The applicant's current plans are to build a two story home with the front of the home facing the SW 63 Court, a residential oriented street. STAFF OBSERVATIONS • The subject property has its legal address on SW 63rd Court. The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63rd Court. LDC Section 20- 3.6(F)(4) would resolve the issue in favor of the orientation toward SW 63rd Court. • The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20- 6.1(B)(3)(h) which states that "....a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. • In order to provide a buffer between the new home and the abutting commercial properties it would be appropriate to require a continuation of the six feet high landscaping screen or an equivalent buffer along the Manor Lane property line (with the exception of the driveway entrance). RECOMMENDATION It is recommended that the variance request be approved with the following conditions: (1) An opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line from the northern edge of the room addition to the south boundary of the property. Attachments: LDCApplicable Regulations Location Map Application Letter of Intent /Justification Survey Proposed Site Plan Copy of Public Notices DOD /SAY, 224Q—,-- E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \7- 11- 06\PB -06 -018 Variance5841 Sw 63 Report.doc PB 06 -019 Variance Request -5841 SW 63 Ct July 11, 2006 Page 3 of 5 ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS REQUIREMENT RS -3 Minimum Frontage 75' • Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such PB 06 -019 Variance Request —5841 SW 63 Ct July 11, 2006 Page 4 of 5 property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off - street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning Board (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specif c property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons o� convenience, profit or caprice. • Land Development Code Section 20- 6.3(F)(4)- Roadway Dedications, Improvements and Setbacks. (1) Public road rights -of -way shall be dedicated and paved to the minimum widths set forth in the city's adopted Transportation Element or as follows, whichever is greater: PB 06 -019 Variance Request —5841 SW 63 Ct July 11, 2006 Page 5 of 5 (a) One hundred (100) feet for: Bird Road (SW 40 Street), Miller Road (SW 56 Street) and Sunset Drive (SW 57 Avenue). (b) Eighty (80) feet for Kendall Drive (SW 88 Street). (c) Twenty -five (25) feet for Progress Road (from SW 70 Street to SW 68 Street). (d) Seventy (70) feet for section and half section line roads. (e) Fifty (50) feet for all other roads, unless required otherwise herein. (f) Thirty-five (35) feet for all private roadways. (g) Twenty (20) feet for all alleys. (2) All dedicated public roadways shall be improved by the abutting property owner to the specifications of the city or county. (3) No structures, other than utility poles, shall be located nearer to the centerline of an abutting roadway than a distance equal to one -half of the official right -of -way width plus the minimum required yard setback. (4) In determining which streets are the frontage and side streets, the director of building and zoning shall be Quided by the existing development pattern. (5) Required yard setback distances shall be measured from the official right - of -way line, regardless of whether such rights -of -way have been dedicated. City of South Miami PB -06 -019 Lot Frontage Variance 7630 SW 63 Court s ■■■■■■■■.■■■ Emus SEEN ■■■■ ■ Emus ■p1AWS■[l.R■ s�0ad ^ 000 ■ O Qi^ o o 8340 ao 0 a w o 0 6+5, 100^ 6330 6310 8015 N N N N 6 c�0 t y, 8020 8025 O 6420 CO CD CO co 8025 8030 8045 8035 8030 > 8030 > 8030 O 1 OQg� 6341 CMD (00 c"D CO 8035 m m 6 co ■ ■ ■ ■ ■ ■ ewma�@-F $T■ ■ ■ ■ ■ .. SoaO ■j6W80THST ■■■■■■■■.■■■ Emus SEEN ■■■■ ■ Emus ■p1AWS■[l.R■ h 00 ^ 000 ■ O Qi^ o o 8340 ao 0 a w o 0 8015 8020 8020 8025 8025 6420 8020 Z 8020 z 0 8025 8030 8045 8035 8030 > 8030 > 8030 �o�`a 8035 D ■ ■ ■ ■ ■ ■ ewma�@-F $T■ ■ ■ ■ ■ .. SoaO 8100 6101 8040 8045 8040 6470 506440 6430 6420 6400 r6490164801 64 8101 0 300 600 900 1,200 1,500 Feet City of South Miami Planning & Zoning Department p City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: (/30 W (P 3 C f Lots Block Subdivision PB( � �- J— Meets & Bounds: tt�� �* Applicant: i/ C IOy 1.0 Phone: J r, 1 Representative: Organization: Address: Phone: VWOwner: V' r i D e ie 1Op tYun-t IL Signature: Mailing Add ess / i/� -7 (� t � I Da SOINh rpj41rj t= L , 33i Phone: j �, J Architect/Engineer: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC —Zoning Map Amendment _ PUD Approval _ PUD Major.Change '/Variance _Special Use _Special Exception _Other PLEASE CHECK ALL THAT APPLY: dLetter of intent Wr Justifications for change _ ✓Statement of hardship /Proof of ownership or letter from owner L. Power of attorney Briefly explain application and cite specific Code sections: - Contract to purchase _✓ Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") _ 15 an and Floor Plans 1 reduced copy @ 11" x 17" `- ` �_ �� ��' �,�,[r •�� Section: Subsection: Page #: Amended Date: `✓•Mailing labels (3 sets) and map Acd q _ Required Fee(s) The undersigned has r d this completed application and represents that the information and all submitted materials are true and correct to the best t a .c 's knowledge and belief. 9 1"l a^ Applicant's Signatu and titIt Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pavment 8/2/00 Rockridge Development II, LLC 6201 SW Toth Street, Suite 102 South Miami, FL 33143 Re: 7630 SW 63 CT. To whom it may concern, I am applying for a Variance Permit, for the above stated property for the following reasons: 1. All the houses in that neighborhood face either east or west. 2. The streets were closed off from the commercial area with traffic features. 3. There is continuous traffic on Manor Lane. 4. The home would be of a triangular shape and be out of place in the neighborhood. 5. The home would be set back only 7 feet from its rear neighbors pool 6. Pedestrians coming in and out of the home would walk into a commercial road with heavy traffic, therefore endangering them. If you have any questions feel free to contact me. Thank Yo , t Hector apo Manager Rockridge Development II sour U ^� INGORPORATEO 1927 •C+� 0 t O CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 11, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Rol Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Yates Mr. Farfan Mr. Beilman Board members absent: Mr. Davis and Ms. Lahiff City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia Lauderman (Planning Board Secretary). V. Planning Board Applications / Public Hearings PB -06 -019 Applicant: Hector Capo Location: 7630 SW 63rd Court Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN 'IRS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting July 11, 2006 Page 2 of 3 At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He stated that the applicant is requesting approval of a variance from Section 20- 305(E) of the Land Development Code to permit a new single family home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. He indicated that the applicant's _property is a triangular shaped lot with a lot area of 12,314 sq.ft. Furthermore, the applicant is proposing to construct a two -story single family home. The property is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. In addition, Mr. O'Donniley provided the following staff observations: • The subject property has its legal address on SW 63rd Court. The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63rd Court. LDC Section 20- 3.6(F)(4) would resolve the issue in favor of the orientation toward SW 63rd Court. • The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20- 6.1(B)(3)(h) which states that "....a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. • In order to provide a buffer between the new home and the abutting commercial properties it would be appropriate to require a continuation of the six feet high landscaping screen or an equivalent buffer along the Manor Lane property line (with the exception of the driveway entrance). Recommendation: Staff recommended that the variance request be approved with the following conditions: (1) An opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line. Applicant: Mr. Hector Capo Mr. Capo explained that residents coming in and out of the home would potentially walk on the commercial area of Manor Lane which has a lot of continuous traffic. Additionally all the houses in that neighborhood either face east or west and granting this request would enable the house to face SW 63 Court, a residential oriented street. Chair Morton opened the public hearing. Speakers NAME ADDRESS SUPPORT /OPPOSE Harvey Bernstein 7661 SW 65 PI Neutral Planning Board Meeting July 11, 2006 Page 3 of 3 Mr. Bernstein stated he thought the house being proposed with regards to the design, was not in character with the existing houses in the neighborhood. However, he did agree with the variance because he felt that was the only thing that would make sense for that irregular lot. He also expressed concern about the grotto/ depression in the back of the house and that in the past it has been filled with standing water. David Tucker, Jr. 6556 SW 78 Terr. Opposed Mr. Tucker indicated he did not agree with the variance or the proposal for the house. Bob Welch - Opposed Mr. Welch stated that the house the applicant is proposing to build is a type of mini Mcmansion that will stick out in the neighborhood and be out of character with the surrounding homes. Chair Morton closed the public hearing. At this time, the Board and staff discussed the application. Mr. Comendeiro inquired about the procedures for the neighbors to voice their opinion about the design of the house. Mr. O'Donniley replied that the ERPB has specific authority over the site plan and they will review all the plans. Mr. O'Donniley noted that the residents can provide a letter to the Environmental Review and Preservation Board (ERPB) voicing their opposition of the design of the house since there is no public hearing at ERPB. Motion: Mr. Comendeiro moved to recommend approval of the application. Ms. Yates suggested that before the City Commission hears the variance request, the ERPB should review the plans of the residence. Mr. Comendeiro agreed with Ms. Yates su22estion and withdrew his brevious motion. Motion: Ms. Yates moved to add condition in which ERPB will conduct its review and analysis before the variance application proceeds to the City Commission. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 0 Mr. Comendeiro proceeded to make a main motion for the variance request. Motion: Mr. Comendeiro motioned to recommend approval with the following conditions: (1) An opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line. (2) Environmental Review and Preservation Board will conduct its review and analysis before the item proceeds to the City Commission. Ms. Yates seconded the motion. Vote: Aves 5 Nays 0 LEGEND OF SURVEY ABBREVIATIONS k•haPtar 61 _6 Adn.6Mff. C.d. A..... ARC DISTANCE AID .... AIR CONDITIONING CBS... CONCRETE BLOCK STRUCTURE NGVO... NATIONAL GEODETIC VERTICAL DATUM Sheet 1 of/+l C ... CALCULATED C.0 ..CATCH BASIN 0 U L....OVERHEAD UTILITY LINE PRC... POINT OF REVERSE CURVATURE FL D ZONE: AE CL ... CLEAR CIL .CENTER LINE P C.C.... POINT OF COMPOUND CURVE RAD ... MOM THIS IS A FLOOD ENC... ENCROACHMENT P,C.....POINT OF CURVATURE P.00... POINT OF COMMENCEMENT RIW ... RIGHT OF WAY HAZARD ZONE FIP.... FOUND IRON PIPE P.O.B... POINT OF BEGINNING BLDG.,. BUILDING SEC... SECTION IS NOT A FLOOD. O.H..... OVER NANO WAL... WATER METER C.H..... CHORD DISTANCE. 'SCR... SCREENED _THIS HAZARD. ZONE P.B... PLAT BOOK M..... MEASURED D.E..... DRAINAGE EASEMENT RLP ..... SET IRON PIPE PANEL NO.% 276/J T PIL ... PROPERTY LINE CONC..CONCRETE F.H. ... : FIRE HYDRANT SWK ... SIDEWALK COMMUNITY #: 120658 UP... UTILITY POLE F.D..... FOUND R'...: RADIUS UX.... UTILITY EASEMENT DATE OF FIRM: 07/17/1 995 CERTIFY TO: � ;: J�q.IU}$S CNLF..... CHAIN LINK FENCE BASE FLOOD: 9.00 Roekridge Development I I Trzu s GK4 Or 6A115'IU ' FINISH FLOOR: NIA H Cape ConstructionD l.(d�LCm LOWEST , N/A 0 � 325 FliT stz7rt-► Of 9d AD7GRADE , v�lous 74 * s1r� ,4i.) D <E If � (A q,, , LEGAL DESCRIPTION: %t,!£j(,� 1.22 r% f-VD Lot: 12 Block: 1 Subdivision: Oak Heights According to the Plat thereof as recorded in Plat Book: 46 Page: 64 Public Records of MIAMI -DADE County, Florida. ADDRESS: 7630 SW 63 COVRT MIAMI, FL 33149 Encroachments Noted: 11 LOCATION SKETCH SCALE: J ti. J NOTES, A) All Cl.wnas end /.r oIw w hnrd..h, n are . h— w at appnt Mtw:. F.w Mwl.rehIp . by Mad —. IAWI w ha 0 f— n.t n%n Thk —y k IWM.d fM. -K"r - refh_ Fun - arNffl.dh,MThlh fM.,.y 1. nW tie b. a.d f.r ItaiuRVefkR.. pare H,6 d.,;, w Mry etMr M wlth.Yt wrl».II an- n nt •f TMMa J. K.Ily, I.. Cw• —trL"- •ed Ntl. ,acrd an twr ren..r d an thla surrey. D) Tha fIPW I.fwMHa .hw haven dm net kMly Hwt tM ref.—d p oparty roll x wM w b. fits fine fl -WI-2 er d.nwp. and d— nW —ft IkbSHy ah tM pert at th. fhm, any ffl., x Mkya. thereof. fw MY Ck"jo; that realis fr rellana M F.Id kfwwHen. E) Th. IaM d.pltt d h.na — —yd Pw HM ky.l dwwiptka aM a ak kw rg b awa.rehip .r Mstt.n W Htk w MW x NMII d. P) Urd.- -W EMTaaehnrMa. it AY, MW 1—td. I h.rehy a.lmyv th.r Hw .w,ty rePre..Arad Mna Urea the IM.Iaan T•d.iml atop_ PRM J" e' d.rd. .., } by tha B.w•d W L..a elwny.n - k•haPtar 61 _6 Adn.6Mff. C.d. THOMAS J. KELLY, INC. F.It•nH *. +TZ.on .B 7?.01a L.B. #6486 70 E A. EA, P.S. A M. #ae51) SURVEYORS— MAPPERS —LAND PLANNERS sT 0= .ORIDA ALS ESS IMPRINTED WITH AN 8125 SW 320 STREET PINECREST, FLORIDA 33156 EMBO OSVRVEYORS'SSEAL NOTES� (786) 242 -7692 DADE 954 779 -3288 BRWD >, IF SHOWN. BEARING ARE TO AN ASSUMED (786) 242 -6494 DADE FAX (954) 779 -3260 BRWD FAX MERIDIAN MY PUT). 2. IF SHOWN, ELEVATIONS ARE REFERRED N.G.V.D 1929. S. DATE FIELD WORK SCALE II '' SURVEY NO. THIS IS A BOUNDARY SURVEY. 0202/2006 1" = N 06 -0536 SHEET 2 OF 2 N i i Fl.P 146.12' (R)(M) Nat H-2 �N 23 / /.. 1 qId kT NaJ �� J0. { •,� kh,� No.3 - DI r c -fs' 15 �k / tip Nag H H.fl^ ONE STORY REA No 7630 x 11.00 N \ A/C -9.50 y I 32.10' n.a9' N BOO ftP 1/Y FtP 1/s 32.90' (R)(M) o q. 15' PNY � SW/'6Jrd CTS j 20' ASPHALT PALt71/ENT / aeo THOMAS J. KELLY, INC. LB # 6488 SURVEYORS— MAPPERS —LAND PLANNERS 8125 SW 120 STREET PINECREST, FLORIDA 33156 (786) 242 -7692 DADE (954) 779 -3288 BRWD (786) 242 -6494 DADE FAX (954)779 -3260 BRWD FAX DATE FIELD WORK SCALE SURVEY N0. TOM 02/02/2006 1` =20' 06 -0536 x..r . ,_..,. ;.T.. 16 CITY OF SOUTH MIAMI uunruto i; mu rKturviurinu Am 44, PUBLIC HEARING - OCTOBER 17,2006 'd, AN 0RD1NAkCE'60-THkAikY0 MIAMI DAILYBUSINESS REVIEW `NOTICKi Published Daily except Saturday, Sunday and NOTICE IS HE,R-EB Y� jIvin Legal Holidays Mimi, Miami-Dade County, Florida Misinal, , Florlda, will,,c"d 10/06/2006 Commwon"midi*.�x d STATE OF FLORIDA beglintring stl:31) 0.m. in V COUNTY OF MIAMI-DADE: Drive; 10cordiderthillfb9om Before the undersigned authority personally appeared ;AN' OFtDINANCIc OF-1 OF THE CITY wSOU SOOKIE WILLIAMS, who on oath says that he or she is the REQU ESTT6AMEND VICE PRESIDENT, Legal Notices of the Miami Daily Business CITY_OF SOUTWMIA Review f/k/a. Miami Review, a daily (except Saturday, Sunday ., DEsioNATiNdIA SINC and Legal al Holidays) newspaper, published at Miami in Miami-Dade LOCATED AT'.015114 County, Florida; that the attached copy of advertisement, -: SITE :ANDIDY-PLACE being a Legal Advertisement of Notice in the matter of TION - OVERLAY,201 CITY OF SOUTH MIAMI uunruto i; mu rKturviurinu Am 44, PUBLIC HEARING - OCTOBER 17,2006 'd, AN 0RD1NAkCE'60-THkAikY0 in the XXXX Court, OF THE CITY OF-SOUTH MIAMI, REQUEST TO AMEND THE OFF! was published in said newspaper in the issues of CITY OF.S0UTH'MMM1 LAND DESIGNATING A SINGLE PAML 10/06/2006 LOCATED AT 6825 SW 53i5 C:01 AND BY PLACEMENT-�OF,AII OVERLAY!: ZONE (HP-" OVEI Afflant further says that the said Miami Daily Business 'USE, DISTRICTtFOW.1THIS PRC Review is a newspaper published at Miami In said Miami-Dade 'SEVERABIUTY*;.z,-t PROVIDING; z.�, County, Florida and that the said newspaper has CONFLICT, AND PROVIDINGAN heretofore been continuously published In said Miami-Dade County, 'A RESOLUTION OF',THE. MAYOI Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE CITY OF SOUTH MIAMI and has been entered as second class mail matter at the post THE ISSUANCE OF:A CERTIFIi office in Miami In said Miami-Dade County, Florida, for a :NESS PURSUANT, TO SECTVN, period of one year next preceding the first publication of the DEVELOPMIENT; CODEiFWTHj attached copy of advertisement; and affiant further says that he or SIGNS FOR-MANARA PESTAUF she has neither paid nor promised any person, firm or corporation HISTORIC, BUILDING LOCATED. any d' t rebate, commission or refund for the purpose (SHELLEY BUILDING); PROVIDIN ;I's advertisement for publication In the said he .,,A RESoUmow OF. THE .MAVbF per. • �OF THE CITY OF SOUTH MIAMI, f PURSUANT TO SECTION 20-10.6 MENT, CODE, FOR._A, SPECUI INCREASE THE HEIGHTOFAN E) LAR ANTENNA INSIDE THE CROI Sworn to and subscribed before me this ED -AT: 6330 SW40th'.STREIFT I 'INSTITUTIONAL ZONING USE 01 06 day of OCTOBER A.D. 2006 AN EFFECTIVE DATE., ARESOLUTIOI THE' -MAYOR THE CITY OF SOUITH- MIAMIj FL REQUEST. FOR TWO VARIANCES (SEAL) Cheryl H Mamw DD338559, OF THE LAND DEVELOPMENT C1 SIZ E I OF A , BUILDING! SITE -70 WHERE�A MINIMUM LOT, SUE�O SOOKIE WILLIAMS personall o eommls sion *0.0 REQUIRED AND 50 FEET OFFRC EMms July 18, 2008 IS REQUIRED;A VARIANCE FRC DIMENSIONAL 1,REQUIREMENT,.�,- 204A OF THE DEVELOPM A RESOLUTION OF .LAND FEET 6 INCHES OF - ABUTTINC OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TDA"'.'' NORTH :SIDE ,OF; THE %,PROPEF FtEQUEST• TO,-ALLOW:FOR,THE,CRFATION�OFL07l,,,".I..,,i,, REQUIRED,'AUL ON PROPERTY1 AND 72- ON PROPERTY SPECIFICALLY LOCATED AT... ',,,AVENUESOUTH MIAMI, FLORIDA 'SW 65TH AVENUE, SOUTH MUUIIII FLORIDkINITHIN. AN _',r -T-1 RS-3 -LOW DENSITYRESIDENTIALZONING OISTRICr;,AS 1". 1 DENTIAL OFFICE ZONING USEX OF THEVARIANCES IS TO PERA PERMnTED,BY..PROVISION4PEffTAININGsTOWAftkGF4i��- OF ATWO S TORY, OFFICE,;BUII ,PLAT ASSET FORTH IN SECTION 204-2(0) OFTHE SOU FOR AN EFFECTIVE DATE. MIAMI LAND DEVELOPMENT.:CODE:AND;SECTION;284. THE;MlAM1 OADE'COUNTY-CODE;THE PURPOSE OFjTHE4e,,-t WAIVER OF PLATISTO ALLOWFOR THE CONGMUCTION[o ci OF A,..SINGLE; FAMIII HOMI LOT�,!1" ?AND ,,THE FORAN Pursuant to Florida , Stablitett'288.0105.,ft'Cit public thatif a Person decides. wappeal any id Board, Agendy or Cbmimisslor: wftt `rezpectld so its meeting or hearing, he or, she will need a wo and that for such purrI Affected person may verbatim-re6ord,of the pritceethrVis Ismade whk testimony and evidence upon whichthe appeal Teti 10/6 r- c�-ra;�a�w� �;u_�,;rF. -. ;a.. _. "aq��I�P(��flyl�'.�,E51'�'S�s� 9 .... �. ��In�IRPPI �+ IPma9e91P�4h�a�4a�Plm ?ae�-'sica���asn^P�I€ fli €.�° 2�1 I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING 6 THE MIAMI -DADE COUNTY RESOLUTION CONCERNING 7 PROVIDING HOMEOWNERS AGE 55 AND OLDER OR THOSE 8 WHO ARE TOTALLY AND PERMANENTLY DISABLED A 9 ONE -TIME TRANSFER OF THE "SAVE OUR HOMES" 10 ASSESSED VALUE IN THEIR PRESENT HOMESTEAD 11 PROPERTY TO SMALL, LESS EXPENSIVE REPLACEMENT 12 HOMES IN THE SAME COUNTY WITHIN ONE YEAR OF THE 13 SALE; PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the Mayor and City Commission of the City of South 16 Miami remained concerned with maintaining the qualify of life of residents in 17 our community and preserving the investment that citizens have made in 18 homeownership throughout Miami -Dade County; and 19 20 WHEREAS, the "Save Our Homes" provision of the Florida 21 Constitution, Article VII, Section 4 (c) (1), provides that annual 22 increase of assessed value of homestead property shall not exceed 23 three percent or the rate of inflation, whichever is lower; and 24 25 WHEREAS, the City of South Miami supports the Miami -Dade County 26 Resolution, incorporated herein as Attachment "A ", concerning providing 27 homeowners age 55 and older or those who are totally and permanently disabled a 28 one -time transfer of the "save our homes" assessed value in their present 29 homestead property to small, less expensive replacement homes in the same 30 county within one year of the sale of their homestead; and 31 32 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND 33 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 34 35 Section 1. The Mayor and City Commission of the City of South Miami 36 support the Miami -Dade County Commission in this effort and urges the Florida 37 Legislature to enact a joint resolution to place on the statewide ballot a 38 constitutional amendment allowing homeowners age 55 or older or who have a 39 total and permanent disability a one -time transfer of the "Save Our Homes" 40 assessed value in their present homestead properties to smaller, less expensive 41 replacement homes in the same county within one year of the sale. 42 43 44 Additions shown by underlinine and deletions shown by ever-striking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2006. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney Page 2 of 2 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 LOBBYING THE STATE LEGISLATURE TO ENACT A JOINT 6 RESOLUTION TO PLACE ON A STATEWIDE BALLOT A 7 CONSTITUTIONAL AMENDMENT TO THE FLORIDA' 8 CONSTITUTION, ARTICLE VII, SECTION 6(C), TO 9 INCREASE THE HOMESTEAD EXEMPTION FROM $25,000 TO 10 $100,000; PROVIDING FOR AN EFFECTIVE DATE. 12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 remained concerned with maintaining the qualify of life of residents in our community 14 and preserving the investment that citizens have made in homeownership throughout 15 Miami-Dade County; and 16 17 WHEREAS, the "Save Our Homes" provision of the Florida 18 Constitution, Article V11, Section 4 (c)(1), provides that annual increase of 19 assessed value of homestead property shall not exceed three percent or the 20 rate of inflation, whichever is lower; and 21 22 WHEREAS, Article V11, Section 6(c), provides for a $25,000 (of the 23 assessed value) tax exemption for the legal permanent residence of each 24 Florida resident, which exemption is known as the "Homestead Exemption"; 25 and, 26 27 WHEREAS, property values, ad valorem taxation and homeowners insurance 28 costs have increase due to several severe hurricane events and has resulted in many 29 Florida residents being taxed out of their homes; and, 30 31 WHEREAS, the City of South Miami seeks to lobby the state legislature to enact 32 a joint resolution to place on a statewide ballot a constitutional amendment to the Florida 33 Constitution, Article V11, Section 6(c), to increase the homestead exemption from 34 $25,000 to $100,000. 35 36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 38 39 Section 1. The Mayor and City Commission of the City of South Miami urges 40 the Florida Legislature to enact a joint resolution to place on the statewide ballot a 41 constitutional amendment to the "Homestead Exemption" provision of the Constitution 42 [Article V11, Section 6(c)] to increase the homestead exemption from $25,000 to 43 $100,000, 44 45 Section 2. The Mayor and City Commission seek the support of all 46 neighboring communities in Miami-Dade County, Broward County, Palm Beach County Additions shown by underlining and deletions shown by evef:stfikia . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 and all other affected communities within Florida to support the city's efforts to lobby the Florida Legislature as provided under section 1, above. Section 3. The City Clerk shall provide executed copies of this resolution to the Mayor of Miami -Dade County, each member of the Miami -Dade Board of County Commissioners, as well as each municipal clerk in Miami -Dade County for the purpose of distributing copies to members of their respective governing councils in order to seek support for the proposed change in state law and in support of the Constitutional statewide ballot initiative. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop Figueredo, P.A. Office of City Attorney Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: South Miami bcftd ANknefit8CRY 1 1 CITY OF SOUTH MIAMI • ORATED • �NC.ORP P OFFICE OF THE CITY MANAGER 1927 INTER- OFFICE MEMORANDUM 200 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Jeanette Navarro, Human Resources Manager Date: October 17, 2006 Item No. -jai 3 Subject: UPDATING PENSION ORDINANCE SECTION 16 -14 (B) AND SECTION 16 -19 (A)• Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: A letter was received from Pension Attorney wherein it was indicated that there were inconsistencies with the ordinance and collective bargaining agreements related to the pension. Upon review, it was determined that certain areas of the Pension Ordinance must be updated to reflect current provisions agreed upon by the City and all bargaining units (PBA and AFSCME). Cost: Funding Source: Backup Documentation: Letter from Pension Attorney Letter from Actuary Collective Bargaining Agreements for PBA and AFSCME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF. SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami bargaining agreement currently in existence Employee Labor Organizations; and desires to provide compliance with collective between the City and its several recognized WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby, amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount equal to the participant's number of completed years of Credited service multiplied by percentage of Final average compensation as stated v.affieipat 4 + -efir- ng to 11. teb i 1 9 7n b benefit t (1.6) per-eenA. of hi4her- final aver-age eompeasafien by the number- of his eemple years of efedited sefviee 4 his/her- refiremeat date, exeluding the first two (2) years e erem. e����- ��- pne�- �-- �z�e�z ' --�en� , --- vv w r....a uavar wires ay.. —A.e, — wi1aF —.— vV4. — 1, 1/ / V, &LlV JlLlll Page 1 of 4 (1) Basic benefit. A basic benefit eemmenei g at the employee's nermal reti efRe } date detefmined by n+ultiplyiag one and mix tenths (1.6) - pereefft of the Dann of „redite ser.� iee at his or- her- retirement da4e r Participants retiring prior to October 1, 1970, shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the empl YjeeParticipant prior to his/her twenty -fifth birthday. However, as to those pparticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by hinAwAhe Participant prior to his /her twentieth birthday and /or additional service completed by the employee prior to the time the employee became a pParticipant. Effective October 1, 1995, the pension benefit accrual rate (multiplier) for general employee participants, excluding op lice personnel, shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal gear; effective October 1, 1996, the pension benefit accrual rate (multiplier) for general employee participants, excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. Effective September 30, 1999, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel, shall be increased from 2.0 to 2.50. Effective October 1, 1999 and thereafter, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel shall be increased from 2.50 to 2.75. For sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 tee Oeteb °r 1, 1996 for services performed in the 1996 -97 fiscal year; effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75,efeeive Qe4eher- 4,1997, for services performed in the 1997 -98 fiscal year= and *'wea effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 to 2.80; effective October 1 2003 the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 to 2.90, • effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3 00 The -2- I toil pr-es fibe 1 ,H 1992 93 and 1995 96 eelleetiye 2 P�iipxv�(�- S�l�ed- t�'pn�vnvc�T m-t�2G� r��- ��uric�r.�� .�v,vvrrcictiz-Y c 3 bar -g i; - °_ exwnts— Provided, however, the pension benefit accrual rate 4 (multiplier) for sworn police personnel shall not be less than two (2) percent for 5 all years of service. 6 ... 7 8 Section 2. Part 1, Provisions governing the South Miami Pension Plan, Section 16 -19(a) 9 of the South Miami Code of Ordinances is hereby amended to read as follows: 10 11 Sec. 16 -19. Contributions. 12 13 (a) Each pParticipant shall contribute in each calendar year towards the cost of 14 lithe Participant's pension an amount equal to three (3) percent of lithe 15 Participant's earnings. With the exception of sworn police e€fieeT-spersonnel, no 16 pParticipant shall make any contributions toward the cost of any past service 17 pension to which teethe Participant is entitled under this plan. The eEmployer shall 18 contribute the balance of the cost, actuarially determined, of providing the benefits 19 of the plan. The e-4y!&Employer's contributions shall be deposited into the pension 20 plan on at least a quarterly basis. Effective October 1, 1995, the pension 21 contribution for all general employee Participants, including those eg_neral 22 employees that are now members of the Plan, shall be increased from three (3) 23 percent to five (5) percent of earnings. Sworn police personnel, including 24 bargaining unit employees, that are now members of the Plan and 25 any sworn olice personnel who join the Plan in the future shall, 26 effective October 1, 1993, have their contribution increased from three (3) percent 27 to five (5) percent of earnings. Effective October 1, 2001, sworn police personnel 28 shall contribute seven and one -half (7.5) percent of earnings. 29 30 L Should the e4y±sEmployer's annual contribution be actuarially 31 determined to exceed twelve (12), both the eityEmployer and the 32 empleyeesParticipants willshall share equally the amount in excess of twelve 33 (12) percent for that fiscal year. , 34 eefitiibtAien for- all general employees, inel I uding these empleyees that are 35 now members of ther-etiremei# system, shall be inereased from -thfe(3) 36 rer-eVH+ to five (5) pe eepA EfPaeAbe- Oeteber -1 201, -S own pelieeffiee s 37 shay efAfib a seven and one half (7.5) pefeent of o Effective shall vVal Va1V{A4V seven VLl (.[111T Vl � 38 October 1, 2005 should the Employer's annual contribution be actuarially 39 determined to exceed (14) fourteen percent both the Employer and the 40 general employee Participants shall share equally the amount in excess of 41 fourteen (14) percent for that fiscal year. 42 43 (2) Effective October 01. 2004 lif the total sworn police personnel 44 contribution and eityEmployer contribution exceeds seventeen fifteen -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 15 percent of covered police payroll for any fiscal year, the excess over Seventeen fifteen 15) percent shall be divided inhalf and shared equally by the eityEmployer and sworn police me )erspersonnel Participants. Sworn Ppolice personnel Participant contributions shall be deposited in the pensiewpPlan immediately after each pay period. Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) wi44shall be paid from the South Miami Police Officers Retirement Trust Fund to the City pension-pl!lan each year, regardless of the growth or diminution in future Chapter 185 funds, in partial exchange for the retirement after A25 years of Credited service and benefit improvement. 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: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2006 ATTEST: APPROVED: CITY CLERK 1St Reading — 2nd Reading — MAYOR SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman* Howard S. Susskind Kenneth R. Harrison, Sr. David E. Robinson D. Marcus Braswell, Jr. Pedro A. Herrera ♦Board Certified Labor 8. Employment Lawyer July 13, 2006 Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith & Company 301 East Las Olas Blvd. Suite 200 Fort Lauderdale, Florida 33301 -2254 Re: City of South Miami Pension Plan Response to your letter of March 30, 2006 Dear Mr. Wilson: 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toll Free 1- 800 -329 -2122 Facsimile (305) 447 -8115 This firm represents the Board of Trustees of the City of South Miami Pension Plan. We have been requested by the administrator of the Plan to respond to the above referenced letter. In order to respond to your inquiries we reviewed the prior and current collective bargaining agreements for the three employee groups and the current plan document. Our review of these documents concurred with your summary of the conflicting provisions. We have discussed these items with the Human Resources Department of the city. They advised us that the multiplier numbers have been reconciled by side letter with the PBA and we have requested a copy of that letter. B_ ased on this information we ovine that the prior collective bargaining agreement con ins the cn"ect multi= tier z ges for police . participants. Our review of the plan document found t�ja, tic ptinn 1 F -14 psPnts comp nnnflicty�it}i ti the current collective bargaining agreements. Section 16 -19 reads as follows: Sec. 16 -19. Contributions. (a) Each participant shall contribute in each calendar year towards the cost of his pension an amount equal to three (3) percent of his earnings. With the exception of police officers, no participant shall make any contributions toward Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith & Company July 13, 2006 Page 2 the cost of any past service pension to which he is. entitled under this plan. The employer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The city's contributions shall be deposited into the pension plan on at least a quarterly basis. Sworn police personnel, including bargaining unit employees, that are now members of the retirement system and any sworn personnel who join. the retirement system in the future shall, effective October 1, 1993, have their contribution increased from. three (3) percent to five (5) percent. Should the city's annual contribution be actuarially determined. to exceed twelve (12), both -the city and the employees will share equally the amount in excess of twelve (12) percent for that fiscal year. Effective October 1, 1995, the pension. contribution for all general employees, including those employees that are now members of the retirement system, shall be increased from three (3) percent to five (5) percent. Effective October 1, 2001, sworn police officers shall contribute seven and one -half (7.5) percent of earnings. If the' total police contribution and city contribution exceeds seventeen (17) percent of covered police payroll for any fiscal year, the excess over seventeen (17) percent shall be divided in half and shared equally by the city and police members. Police contributions shall be deposited in the pension plan immediately after each pay, period Effective October 1, 2001, a minimum of twelve thousand four hundred ninety - eight dollars ($12,498.00) will be paid from the South -Miami Police Officers Retirement Trust Fund to the city pension plan each year, regardless 'of the growth or diminution in future Chapter 185 funds, in partial exchange for the A25 and out benefit improvement. This section was last amended by ordinance number 1761 dated 10/16/01, indicated as follows: (Ord No. 528, 12 -7 -65; Ord No. 1544, § 4, 9- 21 -93; Ord. No. 1595, § 5, 11 -7- 95; Ord. No. 1761, § 5, 10- 16 -01) Section 3d, Article 37_ of the_ AF-SCM E- agreement_states_thatAh"mployee contribution shall be 7% commencing the 1" year of the agreement, which is 10/1/04. Section 16 -19 above states that the employee contribution is 5 %. This is an obvious conflict, and we have asked the city to advise of the .correct percentage and if required to amend the ordinance. The agreement further states that commencement of the second ySar (1011105) should the total actuarially determined contribution exceed 14% then the excess amount shall be shared states that if the City s Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith &.Company July 13, 2006 Page 3 contribution be actuarially determined to exceed 12% then the sharing takes effect. Again we . have requested the city to advise us of the correct percentage and whether it is the city's contribution or the total contribution that must be exceeded. -The PBA agreements contain similar lan a e in Article 30 of the Lts. & Capts. Agreement and Article 33 of the PO and Sgts. Agreement; both of which address pension issues, These agreements cause the following concerns. its state that effecti ion 16 -19. be ac contributions will be 7.5 %Q, which equally the excess amount; while section 1649 states that should the total. police contribution and city contribution exceed 17% of covered police payroll for any fiscal year, the excess over 17% shall be divided in half and shared equally by the city and police member. Once again we have a conflict and have asked the city to advise us which percentage is correct. It is our opinion that the current collective bar airing agreement language should be �d reflected in the'ordinance. Therefore. based on our undergtandina n t P -M, are of the opinion that the multiplier percentages should remain as. stated in ' the prior PBA eements and that employee contribution rates should be 7% for gene emp ogee p cipan s and 7.5% for police participants Further it is our opinion that the sharinu of excess contri utions should take effect when the total contribution exceeds 14% for general employee participants effective 10J1 105 and 15% for police participants effective 10 /1 /01. If you have any questions or concerns on our position please do not hesitate to call our office direct. I -�1• cc: Board of Trustees G: USWFIACTMesponsetoACTULetterof30Mar2006 -Lt Yours truly, .. 4ENNEI HARRISON, SR. Gabriel Roeder Smith & Company 301 East Las Olas Blvd. Consultants & Actuaries Suite 200 .GRS Ft. Lauderdale, FL 33301 -2254 March 30, 2006 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: 954.527.1616 phone 954.525.0083 fax www.gabrielroeder.com In order to complete the October 1, 2005 Actuarial Valuation for the above referenced plan, we requested signed copies of the pension sections and the effective dates of the General Employees and Police Officers collective bargaining agreements in effect as of September 30, 2005. Upon review, we have identified some inconsistencies hetween the cull tip hnrgaining agreements and prior Ordinances. Police Officers 1. The current `bargaining agreement defines Article 33 Retirement Benefits as follows: .r, the retirement benefit percentages in For Credited Service: Through September 30, 1993 October 1, 1993 through September 30, 1994 October 1, 1994 through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 and hereafter This is a reduced schedule from prior documentation. Percentage 1.60% 1.80% 1.90% 2.25% 2.50% 2.75% The prior collective bargaining agreement provided to us signed July 23, 2002 provides for pension increases in Article 28 Compensation. Specifically, effective October 1, 2001 the future accrual rate is increased- to 2.80 %0, effective October 1, 2002 the future accrual rate is increased to 2.90% and effective October 1, 2003, the minimum retro accrual rate is 2.0% and the future accrual rate is increased to 3.0 %. These increases are also included in the Summary Plan Description (SPD) dated June 2002. Ms. Haydee Lopez March 30, 2006 Page Two Based upon the above, the retirement benefit percentages in Article 33 Retirement Benefits should be: For Credited Service: Through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October 1, 200.1 through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter Percentage 2.00% 2.25% 2.50% 2.75% 2.80% 2.90% 3.00% ;K C:0' e 0-KI b� What schedule is correct and should be reflected in the October 1, 2005 Actuarial Valuation? 2. The current bargaining agreement states that Police Officers contribute 7.5% of pay however effective October 1, 2001, should the total contribution exceed 15.0 %, both the City and Police Officers are to share equally the amount in excess of 15.0 %. Based upon Ordinance No. 30 -01 -1761 signed October 16, 2001, Police Officers contribute 7.5% of pay. Effective October 1, 2001, should the total contribution exceed 17.0 %, both the City and Police Officers are to share equally the amount in excess of 17.0 %. We note that the prior collective bargaining agreement signed July 23, 2002 and the SPD dated June 2002 required the Police Officers and the City to share equally should the total contribution exceed 15.0% effective October 1, 2001. Based upon the above, we have been utilizing the 17.0% threshold. What should the threshold be for the October 1, 2005 Actuarial Valuation? General Emyloyees 1. Based upon the current collective bargaining agreement, the employee contribution is 7.0% however effective October 1, 2005, should the total contribution exceed 14.0 %, both the City and Employees are to share equally the amount in excess of 14.0 %. Based upon the SPD dated June 2002, the employee contribution was 7.0 %. However, should the City contribution exceed 12.0 %, both the City and Employees were to share equally the amount in excess of 12.0 %. We understand that it was not the intent of the collective bargaining in place at the time for the employees to contribute more than 7.0% regardless of the City contribution amount. Gabriel Roeder Smith & Company C7' Ms. Haydee Lopez March 30, 2006 Page Three Please confirm that the intent is that the City and General Employees should share equally in the amount in excess of 14.0% for purposes of the October 1, 2005 Actuarial Valuation. . Thank you for your assistance with our questions. - If you should have any questions concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, 9 � Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary cc: Kenneth Harrison, Esq. Gabriel Roeder Smith & Company 3. Any employee injured on the job shall be paid the full eight (S) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 4. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drag and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 5. It is fnrtber understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South h4lami. Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 33 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked. "retired". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; (b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.�0 6/6; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75 %. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: L For all years of service prior to ' October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. rL For services rendered from October 1, 1995 through September 30,1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. 3. Bargaini unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100'/ vested. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess amount(e. �should the total contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 116). 24 Nqp-,..1 5. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 fiords in partial exchasige for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniformm, and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever-is applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South lyfiami Retirement System., pursuant to procedures to be promulgated by the City in consultation with the FBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Nfiami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or, death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: a) 50% reimbursement of the course cost for a grade of "C" or better for undergraduate courses; b) 50% reimbursement of the course cost for a grade of "B" or better for graduate courses; c). Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub- sections a and b above; d) The credit hour cost of any courses approved shall be capped at the rate used by local publicly fimded universities and/or community colleges. 25 the Florida CR.A- If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein., all provisions of this Agreement. shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2007. City of South Miami By, ' 1 Date: �® ® Maria V. s 1 g B Date: " -Russe r By. Date: Ve , Vi MaY r ' ate: B y. Rand iscombe, ammissioner ay,� Daie: ,1T�TEST: n .�- .Date: D ✓F' d 7 Y- of ria M. Menendez 'e Birts- open C ssioner . 1� r city lerk By-. Date: !b 1Z° y Date: Y J C s d, Attorney City S Miami 7 By. - Date: . John era, President DaJC;qxi�� PB M� B. ate: Al rney B3,. Date: p Agustin Castro, PBA Representative ATTEST:_ C4 Cl erk Date: -:I- 27 Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2) unit employees who will be paid their regular rate of pay. for attending negotiations during work hours. Such p`ay shall not exceed twenty (20) hours in each fiscal year ARTICLE 35 EMERGENCIES Section 1. The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City properly and/or to the citizens of the City. Immediately aver making such determination, the City Manager's office shall notify the Union of the decision, and, to the extent possible, the length of time the emergency condition is expected to continue. Se 2 During the declared emergency, all provisions of this Agreement may be ction suspended. Any provision so suspended will be reinstated upon order of the City Manager after the emergency has ended. Section 3: Disputes concerning the Agreement arising during the declared emergency shall not be subject to the grievance and arbitration procedure except disputes concerning salary and wages. ARTICLE 36 LABOR- MANAGEMENT COMMITTEE There shall be a Labor- Management Committee consisting of no more. than two management representatives designated by the City Manager and no more than two bargaining unit employees appointed by the President of the Union. The Labor- Management Committee shall meet as mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employee relations (e.g., safety issues). Thus, the parties agree that the purpose of the Committee shall not be to discuss grievances or matters which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. ARTICLE 37 PENSION BENEFITS Section 1. The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any, to the City Commission 23 for consideration regarding changes to said plan. The parties may appoint up to three members each to the Committee; however, one of the City's members shall be the City Manager and one of the .Union's members shall be the Staff Representative from AFSCME Florida Council 79. If the parties are not able to reach agreement on recommendations to the City Commission, both sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit member's regular work hours. Section 2: The foliowing changes in the pension are as follows: a.. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8 b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0 C. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.0 to 2.25%. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be increased from 2.25 to 2.5 %. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75 %. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements: a. The pension multiplier shall be increased to 2.125 % effective October 1, 2000, for all bargaining unit members, as part of pension plan improvements, from their pension participation date through September 30, 1998. b. The pension multiplier shall be increased to 2.250 % effective October 1, 2DO 1, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1997. c. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for all bargaining unit members as part of the pension plan improvements, from their participation date through September 30, 1998. 0 For the first year of this collective bargaining agreement, the employee contribution to the retirement plan will be 7 %. Upon commencement of the second year of the collective bargaining agreement and thereafter, should the total 24 contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total of 8.00% and the employees shall contribute a total of 8.00 %). ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above - referenced three (3) consecutive work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 1: This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until September 30, 200_. Section 2 Either party may require, by written notice to the other, between April 1 st and not later than .tune 1 st discussions concerning modifications of this Agreement on non- financial issues, one issue chosen by the Union, and one issue 'chosen by the City. If neither party shall submit such written notice during the. indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years ther fter. 01-9w-- THIS AGREEMENT signed this day of 200 AMERICAN FED RATION LOCAL 3294 ' By: Marie V. Davis „City Mang By: Doug City Clerk Union President 7, C'c� (17 0-� 1S Representative 25 OF S0 6TH MIAMI ate: /, J 7.. ° George Greene, Treasurer 1-1'7-d6 1 9. The parties agree that any. employee refusing to submit to toxicology or alcohol testing conducted in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. 40. Iii the event, of an on the_ job injury to an employee, not_ as.a result of negligence by the employee, such employee will be : Gamed at fiill pay and benefits for a period not to exceed 180,c.' en-dar days. , 11.*Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 12. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. ARTICLE 33 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical. disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective October 1, 1995; the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; '(b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75 %. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: I. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall . be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. H. For services rendered from October 1, - 1995 through September 30, 1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services rendered from September 30, 1997 forward, the multiplier shall be 2.75 %.. 3. Bargaining unit employees shall be 100% vested in the retirement • plan when completion of ten (10) years continuous full-time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 25 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the "City and the employees will share equally the excess arnount(e�,,_should the total contribution be actuarially determined to be 17%, the City shall contribute a total of 8.5 % and the employees shall contribute a total of 8.5%). 5. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. 11. For Retro and Future Pension Benefits applicable to fiscal years 2001 -2004, see COMPENSATION MATRIX, Article 28. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: 26 ARTICLE 27 SEVERABILITY CLAUSE 1. Should any provision of this Agreement or any.part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 28 COMPENSATION. 1. The following Compensation matrix is agreed (Effective October 1 of the fiscal year): Year COLA Special Retro Future Employee Risk Pension Pension Pension Pay Contribution 2001 -02 5.00% $30 1.60% 2.80% 7.50% 2002 -03 3.00% $35 1.80% 2.90% 7.50% 2003 -04 2.00% $40 2.00% 3.00% 7.50%. 2. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a 7% supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 3. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive the wages of their acting rank for each full day worked in the higher rank. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS 1. Except as specifically provided herein, neither party hereto shall be permitted to re- open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 2. The abolishment or merger negotiations shall include discussion of provi for the placement of personnel in other departments or, in the alternative, severance i ARTICLE 38 AMERICANS WITH DISABILITIES ACT 1. Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To lcco, the ADA or City shall notify the PBA of the action it intends to take to comply grees with the action contemplated by the City, the the Florida CRA. If the PBA disa t . iations with the ,City to resolve the issue and to PBA shall immediately request nego determine the .parties' mutual obligations to comply with these laws. However, any. Americans with contention or claim that the City violated any provision of the resolved through Disabilities Act or the Florida Civil Rights Act shall be exclusively available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this Agreement shall be effective -upon ratification by -the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2 2. Both parties agree that the following items may be opened prior to the second and third years of this Agreement upon notice by either party no later than July 1, of that year: (a) 55/10 Retirement (b) DROP Program Dade County P lice Benevole t s ciation City of South Miami By: By: �ty geT Dade Coun PBA c cti1 S . � n 9 Date: 3 Date: �7 Z TTEST: City Clerk 28 i;4VW4 s° U Tyr South Miami AFAnOWNY a � • IN�RPOpAM CITY OF SOUTH MIAMI I 1927 �. OFFICE OF THE CITY MANAGER ° R'p INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager` From: Jeanette Navarro, Human Resources - Manager Date: October 17, 2006 Item No Subject: UPDATING PENSION ORDINANCE SECTION 16-14 (B) AND SECTION 16 -19 (A)• - -- Attached hereto is a revision of the initial Pension Ordinance.that was forwarded to you. Please note that some minor revisions are noted by an asterisk. We apologize for any inconvenience this may have caused. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide compliance with collective bargaining agreement currently in existence between the City and. its several recognized Employee Labor Organizations, and WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount eaual to the participant's number of completed years of Credited service multiplied by a percentage of Final average compensation as stated herein. to -9steber- 1- 137- bps }e- beneft- seme.ng- ehhiAer= ro����« detennined by aiuhipl5ing em and six 4erAh--4 (1.6) semee - and - my -add 9 leted by t,;.,.Aer- prior- to W-sneff v .v.a..J as a.aua.), a.a... (v) r-efifing on and OCCPVGT , i (1) Basic benefit. A basic benefit at the mVleyee's datefor Partic_pants retiring prior to October 1 1970, shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final avers eg compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the empleyee Agicipant prior to his/her twenty -fifth birthday. However, as to those pParticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by him4wthe Participant prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a pParticipant. Effective October 1 1995 the pension benefit accrual rate (multiplier) for general employee participants, excluding police personnel shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year' effective October 1 1996, the pension benefit accrual rate (multiplier) for general employee participants, excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. * Effective September 30, 1999, the Pension benefit accrual rate (multiplier) for general emPloyee Participants excluding Police Personnel, shall be benefit accrual rate (multiplier) for general emloyee participants excluding police, personnel, shall be increased from 2.50 to 2.75. (2) For sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in ' the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; effective October 1 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 , for services performed in the 1996 -97 fiscal year; effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, , 499 for services performed in the 1997- 482001 fiscal year;, and effective October 1, 2001, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.75 to 2.80 for services performed in the 2001 -2002 fiscal year; effective October 1. 2003, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 to 2.90 for 2 services performed in the 2002 -2003 fiscal Year, provided, however, the pension benefit accrual rate (multiplier) for sworn police personnel *shall be two (2) percent for all years of service , through September 30, 1995, October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for . sworn police personnel shall be increased from 2.90 to 3.00. applied as presef-ibed in the 1992 93 affd 1995 96 eelleetive bWaining agreements. Provided, however, the pension benefit accrual rate (multiplier) for sworn police personnel shall not be less than two (2) percent for all years of service. Section2. Part I, Provisions governing the 'South Miami Pension Plan, Section 16 -19(a) of the South Miami Code of Ordinances is hereby amended to read as follows: Sec. 16 -19. Contributions. (a) Each pParticipant shall contribute in each calendar year towards the cost of 1 isthe Participant's pension an amount equal to three (3) percent of histhe Participant's earnings. With the exception of sworn police o fie fspgagnnel, no pParticipant shall make any contributions toward the cost of any past service pension to which hethe Participant is entitled under this plan. The eEmployer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The eit�4Employer's contributions shall be deposited into the pension plan on at least a quarterly basis. Effective October 1 1995, the pension contribution for all general employee Participants, including those general employees that are now members of the Plan, shall be increased from three (.3) percent to five (5) percent of earnings.* Effective October 1, 2001, the pension contribution for all general employee Participants, including those hose general employees that are now members of the Plan,, shall be increased from five (5) percent to seven (7) percent of earnings. Sworn police personnel, including bargaining unit employees, that are now members of the retirement &yak-mPlan and any sworn pglicLe personnel who join the F ant- systemPlan in the future shall, effective October 1, 1993, have their contribution increased from three (3) percent to five (5) percent of earnings. Effective October 1, 2001, sworn police personnel shall contribute seven and one -half (7.5) percent of earnings. (D Should the eiWsEmployer's annual contribution be actuarially determined to exceed twelve (12), both the eityEmploYer and the empleyeesParticipants shall share equally the amount in excess of twelve (12) percent for that fiscal 4. ber- 1 1 95 the t-Fib ,t;e f all year. �fQ6�e- 86iwci —�r9�� , m�— p°cir�i6ii wzisrn�uu�v�n 3 geae=,e employees, inehading those employees that __ are _HA�i1 ri embei -s of the w irement s ystm hall b v-iiemu se d £Anrtrue , ,c /Z\ per-eent to five (5) peree„ Efeetve Oeteber , 2001, sve , eat Effective October 1, 2005 should the total Participant and Emplo er's annual contribution be actuarially determined to exceed 14) fourteen percent, both the Employer and the general employee Participants shall share equally the amount in excess of fourteen (14 ) percent for that fiscal year. Q Effective October 01, 2001 Iif the total sworn police personnel contribution and eivyEmployer contribution be actuarially determined to exceeds se ei#ee (17) fifteen (15) percent of covered police payroll for any fiscal year thereafter, the excess over seventeen -( t7) fifteen (15) percent shall be domed imp shared equally by the eityEmployer and sworn police memberspersonnel Participants. Sworn Rpolice personnel Participant contributions shall be deposited in the pensien --pPlan immediately after each pay period. Effective October 1, 2001, a min. m of t.wi a thou d f h a ,1 0+. 1,t dollars- ($12,498.00) � vu� LTZ�'RS IiliZlCtiG�T'Y2iZIGC�i ..�alan_ amount actuarially determined,_to provide for certain minimum benefits required by Chapter 185 F.S. shall be paid from the South Miami Police Officers Retirement Trust Fund to the City pe mionIPlan each year, regardless of the growth or diminution in future Chapter 185; F.S. funds, in paAW -exslage for- the A25 .,n out be„ef;t inVr -A f. +V +V < 1<..r✓ and V+aV + +L +1+a1.J+V � V111V11 L. - 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: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2006 ATTEST: CITY CLERK 1 St Reading - 2nd Reading APPROVED: MAYOR 4 QCITY OF SOUTH MIAMI` INTER - OFFICE MEMORANDUM To: Mayor and City Commission. Yvonne Mckinley, City Mgr. From: Luis Figueredo, City Attorney Date: October 17, 2006 a� Re: Ordinance authorizing application for FMLC loan Subject: An Ordinance authorizing the City Manager and City Attorney to apply for, negotiate the terms and conditions and close on a permanent Loan not to exceed $6,000,000 from the Florida Municipal Loan Council (FMLC). Discussion: On February 1, 2005 the City Commission authorized additional project financing of 2.5 million dollars for the South Miami Municipal Garage. The total project financing approved by the City is 11 million dollars. However; for the reasons stated below, the actual project costs will approach 12 -12.5 million dollars to complete the project. To date, the city has borrowed 6.5 million dollars. Approximately $1,708,288 of the funds that were supposed to be used for construction costs have been used to repay the loan. At the time that the city developed a budget for the project, staff did not take into account approximately 4 years of delays. It was anticipated at that time that after a period of 12 -18 months, parking, ticket and rental revenues generated from the garage would be utilized to repay the loan. Instead the loan proceeds have continued to be used to make the principal and interest payments. As a result, a significant portion of those funds need to be re- borrowed. Secondly, construction costs have dramatically increased. Additionally, staff proposes to borrow an additional $300,000 dollars to offset the loss of parking and ticket revenues during construction and to cover the City's share of the loan repayment during that period . Staff is therefore requesting authorization to borrow up to $1.5 million dollars above the amount currently authorized by the City Commission. Pursuant to the Settlement Agreement MRP is responsible for the repayment of the loan less the city's share. Under the settlement agreement, the City is only responsible for the repayment of one million dollars ($1,000,000) in project costs and $78,847 in soft costs. If the City authorizes staff to borrow additional monies to offset the loss of parking and ticket revenues, the city's repayment obligation as provided for in the settlement agreement will equal $1,300,000 or $1,370,000 depending on whether the city elects to amortize the soft FMLC loan memorandum to Mayor and City Commission cc: Yvonne Mckinley, City Manager October 17, 2006 Page 2 of 2 costs. NW will be responsible for the repayment of the remainder of the loan with the exception that closing costs associated with obtaining the financing will be paid for by both the City and MW. Accordingly, the increase in project related costs should not increase the city's actual share of the annual principal and interest payments. Recommendation: Approve the ordinance authorizing the City Manager and City Attorney to apply for and negotiate a loan not to exceed six million dollars to fund the total project costs required to complete the municipal parking facility. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE 5 AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA 6 MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, 7 CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; 8 APPROVING THE EXECUTION AND DELIVERY OF A LOAN 9 AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; 10 APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE 11 CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A 12 CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN 13 OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH 14 LOAN; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, participating governmental units (the "Members ") have created the 17 Florida Municipal Loan Council (the "Council ") pursuant to a certain Interlocal Agreement 18 and pursuant to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to 19 make loans to participating governmental units for qualified projects; and 20 21 WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly 22 created and existing pursuant to the Constitution and laws of the State of Florida (the 23 "State "); and 24 25 WHEREAS, the City of South Miami finds and declares that there is a substantial 26 need for the financing or refinancing of qualifying projects permitted by Florida Statutes 27 and the State Constitution; and 28 29 WHEREAS, the City of South Miami possesses the ability to finance such projects on 30 its own, but has determined that a pooled financing program involving a limited number of 31 local governmental units which regularly undertake projects requiring significant debt 32 financing within the State of Florida would provide for low cost financing or refinancing of 33 such projects through economies of scale, administrative support and access to expertise in 34 accessing the capital markets; and 35 36 WHEREAS, it is anticipated that the benefits of a pooled financing by the City of 37 South Miami with a limited number of governmental units through the Florida Municipal 38 Loan Council may be obtained through promises to repay loans under the program and 39 supported by a general covenant to budget and appropriate for such purpose, by a specific 40 pledge of taxes or revenues or by a general obligation; and 1 2 WHEREAS, by pooling the respective financial needs of these certain various local 3 governmental units, the City of South Miami will be able to access additional markets and 4 expects to receive the benefits of lower interest rates on more favorable terms associated 5 with such a large scale financing with such benefits being obtained for and inuring to the 6 City of South Miami; and 7 8 WHEREAS, the Council is in the process of issuing its Florida Municipal Loan 9 Council Revenue Bonds, Series 2006A (such series may have such other designation as 10 determined by the Council) (the "Bonds ") and is seeking to make loans (the "Loans ") to 11 governmental units; and 12 13 WHEREAS, it is hereby determined that a need exists to borrow funds to finance the 14 cost of the construction of the South Miami Municipal Parking Garage (the "Project ") more 15 particularly described in Exhibit A; and 16 17 WHEREAS, it is determined to be in the best interest of the City of South Miami to 18 borrow funds from the Council from the proceeds of the Bonds to finance the cost of the 19 Project. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA: 23 24 SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, 25 Florida Statutes, and other applicable provisions of law. 26 27 SECTION 2. PROJECT. The financing of the construction and erection of the 28 Project is hereby approved. W, 30 SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the 31 financing and the ability of the Council to access additional markets and for the City of 32 South Miami to receive the benefits of lower interest rates and issuance costs, it is hereby 33 determined that it is in the best interest of the City of South Miami that the Loan to the City 34 of South Miami be made from the proceeds of the Bonds, as opposed to the City of South 35 Miami borrowing funds pursuant to a public sale. 36 37 SECTION 4. LOAN AMOUNT. The amount of the Loan of the City of South 38 Miami evidenced by the Loan Agreement shall not exceed $6,000,000. Such Loan shall be 39 made at a discount which shall include a pro -rata portion of costs of issuance incurred by 40 the Council together with a pro -rata portion of a reserve fund surety cost and the League of 2 1 Cities administrative fees and other ongoing costs and shall bear interest and shall be 2 repayable according to the terms and conditions set forth in the Loan Agreement 3 authorized pursuant to Section 5 hereof with such changes, insertions and omissions as 4 may be approved by the Mayor and the City Manager. The redemption provisions, if any, 5 relating to such Loan shall be as provided in the Loan Agreement. 6 7 SECTION 5. AUTHORIZED OFFICERS. The Mayor and the City Manager or any 8 other appropriate officers of the City of South Miami are hereby authorized and directed to 9 execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and 10 between the City of South Miami and the Council in substantially the form attached hereto 11 as Exhibit B with such changes, insertions and omissions as may be approved by the Mayor 12 and City Manager, the execution thereof being conclusive evidence of such approval. 13 14 Further, the Mayor and the City Manager or any other appropriate officers of the 15 City of South Miami are hereby authorized and directed to execute and deliver a 16 Continuing Disclosure Agreement concerning compliance with existing or proposed rules 17 of the Securities and Exchange Commission concerning continuing disclosure by the City of 18 South Miami, to be entered into by and between the Underwriter, the City of South Miami 19 and the Council in substantially the form attached hereto as Exhibit C with such changes, 20 insertions and omissions as may be approved by the Mayor and City Manager, the 21 execution thereof being conclusive evidence of such approval. 22 23 SECTION 6. RATES. The Finance Director or the Mayor is hereby authorized to 24 approve the final rates of interest on the Bonds, and the redemption provisions thereof, if 25 any, on behalf of the City of South Miami. The Finance Director, the Mayor, or any other 26 appropriate officers of the City of South Miami is hereby authorized and directed to 27 execute and deliver a Bond Purchase Contract, to be entered into by and between the 28 Underwriter, the City of South Miami and the Council in substantially the form attached 29 hereto as Exhibit D with such changes, insertions and omissions as may be approved by the 30 Finance Director or the Mayor, the execution thereof being conclusive evidence of such 31 approval. ty, 33 SECTION 7. INDENTURE. The City of South Miami hereby acknowledges and 34 consents to the Bonds being issued pursuant to a Trust Indenture (the "Indenture ") to be 35 executed by the Council and a bank or trust company to be selected by the Council, as 36 Trustee. 37 38 SECTION 8. OTHER INSTRUMENTS. The Mayor, the Finance Director, the City 39 Manager or any other appropriate officers of the City of South Miami are hereby 40 authorized and directed to execute any and all certifications or other instruments or 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 documents required by this Resolution, the Loan Agreement, the Trust Indenture or any other document required by the Council as a prerequisite or precondition to making the Loan (including but not limited to the execution of all tax documents relating to the tax exempt status of the Loan), and any such representations and agreements made therein shall be deemed to be made on behalf of the City of South Miami. All action taken to date by the officers of the City of South Miami in furtherance of the issuance of the Bonds and the making of the Loan is hereby approved, confirmed and ratified. SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be executed and delivered unless and until the City of South Miami has received all information required by Section 218.385, Florida Statutes. SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent ordinance or resolution, the City of South Miami may establish such additional terms as it may so determine to be in the best interests of the City of South Miami. SECTION 11. ORDINANCES IN CONFLICT All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval. PASSED AND ADOPTED this (SEAL) ATTEST: 4 day of 2006. CITY OF SOUTH MIAMI, FLORIDA Mayor EXHIBIT A PROJECTS Construction and improvements to a City -owned parking garage to be used for public parking. EXHIBIT C FORM OF CONTINUING DISCLOSURE AGREEMENT EXHIBIT D FORM OF BOND PURCHASE CONTRACT September 29, 2006 Adriana Hussein Finance Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: Proposed issuance of the Florida Municipal Loan Council Revenue Bonds, Series 2006A - Loan to City of South Miami, Florida Dear Ms. Hussein: The purpose of this letter is to advise you of our fee estimate and to describe the services we will perform as bond counsel to the Florida Municipal Loan Council (the "Issuer ") in connection with the issuance of the above - referenced bonds (the "Bonds "). We understand that the Bonds are being issued for the purpose of financing and refinancing various, capital projects (the "Project"), and that the Bonds will be limited obligations of the Issuer payabte solely from the loan payments received from the various borrowers in the program, including the City of South Miami, Florida (the "Borrower "). We understand that the Borrower intends to secure its loan by a covenant to budget and appropriate. We further understand that the Bonds will be purchased by Banc of America Securities LLC (the "Underwriter ") in the month of December, 2006. SCOPE OF ENGAGEMENT In this transaction, we expect to perform the following duties: (1) Subject to the completion of proceedings to our satisfaction, render our legal opinion (the "Bond Opinion ") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal income tax purposes. (2) Draft the basic agreements governing the issuance of the Bonds and the loan of bond proceeds to the Borrower. (3) Prepare and review other documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, coordinate the authorization and execution of documents, and review and, where appropriate, draft enabling legislation. Adriana Hussein September 29, 2006 Page 2 (4) Prepare the Issuer's declaration of official intent, if any, to reimburse Project costs paid by the Borrower prior to the issuance of the Bonds. (5) Assist the Issuer in seeking from other governmental authorities such approvals, permissions and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance, sale and delivery of the Bonds, except that we will not be responsible for any required blue sky filings. We understand, however, that Borrower's counsel will be responsible for obtaining all approvals and permits relating to the construction and operation of the Project. (6) Review legal issues relating to the structure of the Bond issue. (7) Assist the Issuer and the Borrower in presenting information relating to the structure and legality of the Bonds to bond rating organizations and providers of credit enhancement. (8) Serve as the Issuer's closing agent in connection with the closing of the Borrower's loan. Our Bond Opinion will be addressed to the Issuer and the Borrower and will be delivered by us on the date the Bonds are exchanged for their purchase price (the "Closing "). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely on the certified proceedings and other certifications of public officials, officers of the Borrower and other persons furnished to us without undertaking to verify the same by independent investigation, and we will'assume continuing compliance by the Issuer and the Borrower with applicable laws relating to the Bonds. During the course of this engagement, we rely on you to provide us with complete and timely information on all developments pertaining to any aspect of the Project, the Bonds and the security for the Bonds. Among other things, we will require the Borrower to execute a certificate of fact relating to the Project and the use of Bond proceeds. Our duties in this engagement are limited to those expressly set forth above. Among other things, our duties do not include: (a) Assisting in the preparation or review of an official statement, if any, or any other disclosure document with respect to the Bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Adriana Hussein September 29, 2006 Page 3 (b) Preparing requests for tax rulings from the Internal Revenue Service. (c) Preparing blue sky or investment surveys with respect to the Bonds. (d) Except as described in paragraph (3) above, drafting state constitutional or legislative amendments. (e) Pursuing test cases or other litigation, such as contested validation proceedings, except as set forth above. (f) Making an investigation or expressing any view as to the creditworthiness of the Borrower, any credit enhancement provider, or the Bonds. (g) Assisting in the preparation of, or opining on, a continuing disclosure undertaking pertaining to the Bonds or, after Closing, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking. (h) Representing the Issuer in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations. (i) After Closing, providing continuing advice to the Issuer, the Borrower or any other party concerning any actions necessary to assure that interest paid on the Bonds will continue to be excludable from gross income for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Bonds.) 0) Addressing any other matter not specifically set forth above that is not required to render our Bond Opinion. ATTORNEY - CLIENT RELATIONSHIP In this transaction, the Issuer will be our client and an attorney - client relationship will exist between the Issuer and us. We assume that you and other parties to the transaction will retain such counsel as you deem necessary and appropriate to represent your interests in this transaction. In performing our services as bond counsel, we will represent the interests of the Issuer exclusively. We will not be representing you or any other party and will not be acting as an intermediary among the parties. Our representation of the Issuer will not affect, however, our responsibility to render an objective Bond Opinion. Adriana Hussein September 29, 2006 Page 4 FEES The responsibility for payment of our fee, which will be $1.25/bond, will be divided among the Borrowers on a pro -rata basis and paid from the Cost of Issuance Fund. Our fee is based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to our engagement letter with the Issuer and as described in this letter; (iii) the time we anticipate devoting to the financing in connection therewith; and (iv) the responsibilities we will assume. Our fee may vary: (a) if the principal amount of Bonds actually issued differs significantly from the amount stated above; (b) if material changes in the structure or schedule of the financing occur; or (c) if unusual or unforeseen circumstances arise which require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will advise the Issuer and you. In addition, we will be reimbursed for all client charges made or incurred in connection with the Bond issue. Such costs generally include travel costs, photocopying, document printing, deliveries, long distance telephone charges, telecopier charges, filing fees, computer- assisted research and other expenses. Our fee is usually paid at the Closing, and we customarily do not submit any statement until the Closing unless there is a substantial delay in completing the financing. Detailed supporting documentation is available upon request for statement billings. If the financing is not consummated, we understand and agree that we will not be paid, however, we expect that all reasonable out -of- pocket expenses are subject to reimbursement. [Remainder of page left intentionally blank.] Adriana Hussein September 29, 2006 Page 5 If the foregoing terms are acceptable to you, please so,indicate by returning the enclosed copy of this engagement letter dated and signed by an authorizedofficer, retaining the original for your files. We look forward to working with you. BRYANT MILLER OLIVE P.A. By: Attorney Accepted and Approved: CITY OF SOUTH MIAMI, FLORIDA By: Title: Date: cc: Florida Municipal Loan Council This CONTINUING DISCLOSURE AGREEMENT dated as of 1, 2006 (the "Continuing Disclosure Agreement ") is executed and delivered by , a Florida ('Borrower "), and by Florida League of Cities, Inc., a Florida corporation not- for- profit, as Dissemination Agent (the 'Dissemination Agent ") hereunder. Additional capitalized terms used herein shall have the meanings ascribed thereto in Section 2 hereof. SECTION 1. Nature of Undertaking. This Continuing Disclosure Agreement constitutes an undertaking by the Borrower under paragraph (b)(5) of the Rule to provide Financial Information and notice of the occurrence of certain events with respect to the Bonds, as provided in paragraph (b)(5)(i)(C) of the Rule, and otherwise to assist the Participating Underwriter in complying with paragraph (b)(5) of the Rule with respect to the Offering of the Bonds. Among other things, the Borrower is hereby undertaking (i) to disseminate an Annual Report not later than 270 days after the end of each Fiscal Year of the Borrower in accordance with Section 4 hereof, which contains Financial Information with respect to the Borrower, (ii) if an Annual Report does not contain the Audited Financial Statements, to disseminate the Audited Financial Statements in accordance with Section 4 hereof as soon as practicable after they shall have been approved by the Governing Body, (iii) to provide notice in a timely manner, in accordance with Section 6 hereof, of the occurrence of any of the Listed Events related to the Borrower and (iv) to provide notice in a timely manner, in accordance with Section 4(e) hereof, of any failure to disseminate an Annual Report in accordance with the preceding clause (i) of this sentence. SECTION 2. Definitions. In addition to the definitions set forth above and in the herein - defined Indenture, which shall apply to any capitalized terms used herein, the following capitalized terms shall have the following meanings, unless otherwise defined therein: "Annual Report" means a document or set of documents which (a) identifies the Borrower; (b) contains (or includes by reference to documents which were provided to each Repository or filed with the SEC or, if by reference to the Final Official Statement, filed with the MSRB prior to the date that the Annual Report containing such reference is provided to the Dissemination Agent in accordance with Section 4 hereof): (i) Financial Information and Operating Data for the Borrower; (ii) Audited Financial Statements if such Audited Financial Statements shall have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; and (iii) Unaudited Financial Statements if the Audited Financial Statements shall not have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; (c) in the event that the Borrower delivers a Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(b) hereof, contains (in the case of the Annual Report disseminated on or immediately after the date such Continuing Disclosure Certificate is so delivered) a narrative explanation of the reasons for the changes in Financial Information and/or Operating Data set forth in such Continuing Disclosure Certificate and the effect of the changes on the types of Financial Information and/or Operating Data being provided in such Annual Report; and (d) in the event that the Borrower authorizes a change in the accounting principles by which its Audited Financial Statements are prepared, contains (in the case of the Annual Report disseminated on or immediately after the date of such change) (1) a comparison between the Financial Information prepared on the basis of the new accounting principles which is contained in such Annual Report and the Financial Information prepared on the basis of the former accounting principles which was contained in the previous Annual Report disseminated immediately prior to such Annual Report and (2) a discussion of the differences between such accounting principles and the effect of such change on the presentation of the Financial Information being provided in such Annual Report. "Annual Report Certificate" means an Annual Report Certificate in the form attached hereto as Exhibit A. "Annual Report Date" means the date which is 270 days after the end of a Fiscal Year. "Audited Financial Statements" means the financial statements of the Borrower which have been examined by independent certified public accountants in accordance with generally accepted auditing standards. "Bondholder" means (i) the registered owner of a Bond and (ii) the beneficial owner of a Bond, as the term "beneficial owner" is used in any agreement with a securities depository for the Bonds and as the term may be modified by an interpretation by the SEC of paragraph (b)(5) of the Rule. "Bonds" means the $ Series 2006A. Florida Municipal Loan Council Revenue Bonds, "Continuing Disclosure Agreement" means this Continuing Disclosure Agreement, as the same may be supplemented and amended pursuant to Section 8 hereof. "Continuing Disclosure Certificate" means a Continuing Disclosure Certificate in the form attached hereto as Exhibit B delivered by the Borrower to the Dissemination Agent pursuant to Section 5 hereof. "Dissemination Agent" means Florida League of Cities, Inc., acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent which is appointed pursuant to Section 3 hereof or to which the responsibilities of Dissemination Agent under this Continuing Disclosure Agreement shall have been assigned in accordance with Section 9 hereof. "Event Notice" means notice of the occurrence of a Listed Event. "Final Official Statement" means the Final Official Statement prepared in connection with the Offering of the Bonds. "Financial Information" means financial information related to the Borrower of the types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Financial Information (i) shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Financial Information, and (ii) shall be prepared on the basis of the Audited Financial Statements to be provided to the Dissemination Agent concurrently with the Annual Report, provided that, if the Audited Financial Statements are to be provided to the Dissemination Agent subsequent to the P) date that the Annual Report is provided to the Dissemination Agent, such Financial Information may be prepared on the basis of the Unaudited Financial Statements. "Governing Body" shall mean the governing body of the Borrower which shall approve the Audited Financial Statements. "Indenture" means the Trust Indenture dated of even date herewith by and between Florida Municipal Loan Council, as Issuer, and , as Trustee. "Insurer" means "Issuer" means Florida Municipal Loan Council. "Loan Agreement" means the Loan Agreement dated of even date herewith, between the Issuer and the Borrower. "Listed Events" means any of the events which are set forth in Section 6 hereof. "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means, as of the date of determination, any Nationally Recognized Municipal Securities Information Repository for purposes of paragraph (b)(5) of the Rule. "Offering" means the primary offering of the Bonds for sale by the Participating Underwriter. "Operating Data" means operating data ofthe types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Operating Data shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Operating Data. "Participating Underwriter" means Banc of America Securities LLC. "Rating Agencies" means Fitch, Inc. and Standard & Poor's Ratings Services. "Repository" or "Repositories" means the NRMSIRs and the SIDS, either individually or collectively, as the context requires. "Rule" means Rule 15c2 -12 adopted by the SEC under the Securities Exchange Act of 1934, as amended, as the Rule may be amended from time to time, or any successor provision thereto. "SEC" means the Securities and Exchange Commission. "SID" means, as of the date of determination, any public or private repositories or entities which are designated by the State of Florida as state information depositories for purposes of paragraph (b)(5) of the Rule and recognized as such by the SEC. "Unaudited Financial Statements" means unaudited financial statements of the Borrower for any Fiscal Year which have been prepared on a basis substantially consistent with the Audited Financial Statements to be subsequently prepared for such Fiscal Year. The Unaudited Financial Statements for any Fiscal Year shall be prepared on a comparative basis with the Audited Financial Statements prepared for the preceding Fiscal Year. SECTION 3. Appointment of Dissemination Agent: Obligations of Borrower Respecting Undertaking. (a) The Borrower hereby appoints Florida League of Cities, Inc. to act as the initial Dissemination Agent hereunder. Florida League of Cities, Inc. hereby accepts such appointment. The Borrower may, from time to time, appoint a successor. Dissemination Agent or discharge any then acting Dissemination Agent, with or without cause. If at any time there shall be no Dissemination Agent appointed and acting hereunder or the then appointed and acting Dissemination Agent shall fail to perform its obligations hereunder, the Borrower shall discharge such obligations until such time as the Borrower shall appoint a successor Dissemination Agent or the then appointed and acting Dissemination Agent shall resume the performance of such obligations. (b) The Borrower hereby acknowledges that the Borrower is obligated to comply with this Continuing Disclosure Agreement and that the appointment of the Dissemination Agent as agent of the Borrower for the purposes herein provided does not relieve the Borrower of its obligations with respect to this Continuing Disclosure Agreement. SECTION 4. Annual Financial Information. (a) The Financial Information shall be contained in the Annual Reports and, if provided separately in accordance with Section 5 (b) hereof, the Audited Financial Statements which the Borrower is required to deliver to the Dissemination Agent for dissemination in accordance with this Section 4. (b) The Dissemination Agent shall notify the Borrower of each Annual Report Date and of the Borrower's obligation hereunder not more than 60 and not less than 30 days prior to each Annual Report Date. The Borrower shall provide an Annual Report to the Dissemination Agent, together with an Annual Report Certificate, not later than each Annual Report Date, provided that, if the Annual Report does not include the Audited Financial Statements, the Borrower shall provide the Audited Financial Statements to the Dissemination Agent as soon as practicable after they shall have been approved by the Governing Body. (c) The Dissemination Agent shall provide the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, to each Repository, the Trustee, the Issuer, the Rating Agencies and the Insurer within five (5) Business Days after receipt thereof from the Borrower. (d) The Dissemination Agent shall provide the Issuer, the Borrower and the Trustee written confirmation that the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, were provided to each Repository in accordance with Section 4(c) hereof. 19 (e) If the Dissemination Agent shall not have filed the Annual Report by the Annual Report Date, the Dissemination Agent shall so notify the Borrower, the Repositories, the Trustee and the Insurer within five (5) Business Days of the Annual Report Date. SECTION 5. Continuing Disclosure Certificates. (a) The Borrower shall prepare a Continuing Disclosure Certificate in the form attached hereto as Exhibit B in connection with the Offering of the Bonds and shall deliver the same to the Dissemination Agent for dissemination to the Participating Underwriter, Issuer and Trustee. (b) Prior to the deletion or substitution of any Financial Information and Operating Data from the information listed in Exhibit B hereto the Borrower will obtain an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to of the Borrower) addressed to the Issuer, the Participating Underwriter, the Trustee and the Dissemination Agent to the effect that the Financial and Operating Data to be provided will comply with the Rule, as in effect on the date of the Offering of the Bonds and taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent is entitled to rely on such opinion without further investigation. (c) Notwithstanding Section 5(b) hereof, the Borrower shall not be required to comply with Section 5(b) hereof if such Section shall no longer be deemed to be required in order for this Continuing Disclosure Agreement to comply with the Rule as a result of the adoption, rendering or delivery of (i) an amendment or interpretation of the Rule by the SEC, (ii) an adjudication of the Rule by a final decision of a court of competent jurisdiction or (iii) an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to the Borrower), in each case, to that effect. (d) Any delivery yof a Continuing Disclosure Certificate pursuant to Section 5(b) hereof shall not be deemed to be an amendment to this Continuing Disclosure Agreement and shall not be subject to the provisions of Section 8 hereof. SECTION 6. Reporting of Listed Events. (a) This Section 6 governs the provision of Event Notices relating to Listed Events with respect to the Bonds. The following events are "Listed Events ": (i) principal and interest payment deficiencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; 5 (v) substitution of creditor liquidity providers or their failure to perform; (vi) adverse tax opinions or events affecting the tax - exempt status of the Bonds; (vii) modifications to the rights of the holders of the Bonds; (viii) optional, contingent or unscheduled redemption calls; (ix) defeasances; (x) release, satisfaction or sale of property securing repayment of the Bonds; and (xi) rating changes; provided that each of the Listed Events shall be interpreted in accordance with any interpretation of the Rule by the SEC or adjudication of the Rule by a final decision of a court of competent jurisdiction which may occur subsequent to the date of the original execution and delivery hereof. (b) Whenever the Borrower obtains actual knowledge of the occurrence of any of the Listed Events with respect to or caused by the Borrower, the Borrower shall, on a timely basis and in any event within ten (10) Business Days, determine whether the occurrence of such event is material to any of the Bondholders. (c) If the Borrower determines that the occurrence of any of the Listed Events is material to any of the Bondholders, the Borrower shall promptly notify the Dissemination Agent of such determination in writing and instruct the Dissemination Agent to provide Event Notice in accordance with Section 6(e) hereof. (d) If the Borrower determines that the occurrence of the Listed Event described in such notice is not material, the Borrower shall notify the Dissemination Agent of such determination, and no Event Notice shall be provided pursuant to Section 6(e) hereof. The determination of the Borrower under this paragraph (d) shall be conclusive and binding on all parties hereto. (e) If the Borrower instructs the Dissemination Agent to provide an Event Notice pursuant to Section 6(c) hereof, the Dissemination Agent shall, within three (3) Business Days thereafter, file an Event Notice with each Repository, the Trustee, the Rating Agencies, the Issuer and the Insurer. The Dissemination Agent shall provide the Borrower, the Issuer and the Trustee written confirmation that such Event Notice was provided to each Repository in accordance with this Section 6(e). (f) Notwithstanding the foregoing, an Event Notice with respect to a Listed Event described in Section 6(a)(viii) or (ix) shall not be given under this Section 6 any earlier than the notice (if any) of such event is given to the affected Bondholders pursuant to the Indenture, as on confirmed to the Dissemination Agent by the Trustee. The Dissemination Agent shall have no liability for failure of notice given to Bondholders if it does not receive the necessary confirmation from the Trustee after written request. (g) Notwithstanding the foregoing, whenever the Borrower authorizes a change in either its Fiscal Year or the accounting principles by which its Audited Financial Statements are prepared, the Borrower shall provide the Dissemination Agent with written notice of such change and instruct the Dissemination Agent to file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee, and the Dissemination Agent shall, within three (3) Business Days thereafter, file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee. The Dissemination Agent shall provide the Borrower written confirmation that such notice was provided to each Repository in accordance with this Section 6(g). SECTION 7. Additional Information. Nothing in this Continuing Disclosure Agreement shall be deemed to prevent (i) the Borrower from disseminating any information or notice of the occurrence of any event using the means of dissemination specified in this Continuing Disclosure Agreement or other means or (ii) the Borrower from including in an Annual Report any information which shall be in addition to the Financial Information, Operating Data and Audited or Unaudited Financial Statements required by Section 4 hereof to be included in such Annual Report, provided that this Continuing Disclosure Agreement shall not be deemed to require the Borrower to include or update any such additional information in any subsequently prepared Annual Report. SECTION 8. Amendments: Waivers. This Continuing Disclosure Agreement may be amended, and any provision hereof maybe waived, by the parties hereto if, prior to the effective date of any such amendment or waiver, the Borrower delivers to the Dissemination Agent, the Issuer and the Trustee an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to one or more members of the Borrower), to the effect that this Continuing Disclosure Agreement (taking into account such amendment or waiver) complies with the Rule, as in effect on the date of the Offering of Bonds or after the execution and delivery of this Continuing Disclosure Agreement, taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent shall notify the Repositories of any such amendment and shall provide the Repositories with a copy of any such amendment. SECTION 9. Assignment. The Borrower may not assign its obligations under this Continuing Disclosure Agreement. The Dissemination Agent may assign its rights and responsibilities hereunder to a third parry with the consent of the Borrower which shall not be unreasonably withheld. SECTION 10. Compensation of the Dissemination Agent. As compensation to the Dissemination Agent for its services pursuant to this Continuing Disclosure Agreement, the Borrower agrees to pay all fees and all expenses of the Dissemination Agent including, without limitation, all reasonable expenses, charges, costs and other disbursements in the administration and performance of its duties hereunder, and shall to the extent permitted by law indemnify and save the Dissemination Agent and its officers, directors, attorneys, agents and employees harmless from and 7 against any costs, expenses, damages or other liabilities (including attorneys fees) which it (or they) may incur in the exercise of its (or their) powers and duties hereunder, except with respect to its (or their) willful misconduct or gross negligence. Nothing contained herein is intended to be nor shall it be construed as a waiver of any immunity from or limitation of liability that the Borrower may be entitled to pursuant to the Doctrine of Sovereign Immunity or Section 768.28, Florida Statutes. Notwithstanding anything to the contrary contained herein, the obligations of the Borrower hereunder shall be limited obligations payable solely from the sources provided under Section 2.02(a) of the Loan Agreement. SECTION 11. Concerning the Dissemination Agent and the Borrower. (a) The Dissemination Agent is not answerable for the exercise of any discretion or power under this Continuing Disclosure Agreement or for anything whatever in connection herewith, except only its own willful misconduct or gross negligence. The Dissemination Agent shall have no liability to the Bondholders or any other person with respect to the undertakings described in Section 1 hereof, except as expressly set forth in this Continuing Disclosure Agreement regarding its own willful misconduct or gross negligence. (b) The Dissemination Agent has no responsibility or liability hereunder for determining compliance for any information submitted hereunder with any law, rule or regulation or the terms of this agreement. The Dissemination Agent shall have no responsibility for disseminating information not delivered to it or giving notice of non - delivery except as specifically required hereunder; and (c) The parties to this Continuing Disclosure Agreement acknowledge and agree that the Borrower assumes no obligations hereunder other than those specifically assumed by the Borrower herein. SECTION 12. Termination of this Continuing Disclosure Agreement. This Continuing Disclosure Agreement shall terminate at such time as the Loan Agreement terminates. SECTION 13. Beneficiaries. This Continuing Disclosure Agreement shall inure solely to the benefit of the Borrower, the Dissemination Agent, the Trustee, the Issuer, the Insurer, the Participating Underwriter and the Bondholders. This Continuing Disclosure Agreement shall not be deemed to inure to the benefit of or grant any rights to any party other than the parties specified in the preceding sentence. SECTION 14. Counterparts. This Continuing Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. SECTION 15. Governing Law. This Continuing Disclosure Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Borrower and the Dissemination Agent have caused this Continuing Disclosure Agreement to executed and delivered as of the date first written above. 0 Its: as Borrower FLORIDA LEAGUE OF CITIES, INC., as Dissemination Agent Its: The undersigned duly appointed and acting of , a Florida , as Borrower under the Continuing Disclosure Agreement (hereinafter described) (the 'Borrower "), hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the 'Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Annual Report. Accompanying this Annual Report Certificate is the Annual Report for the Fiscal Year ended 3. Compliance with Continuing Disclosure Agreement. The Annual Report is being delivered to the Dissemination Agent herewith not later than 270 days after the end of the Fiscal Year to which the Annual Report relates. The Annual Report contains, or includes by reference, Financial Information and Operating Data of the types identified in the Continuing Disclosure Certificate most recently delivered to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement. To the extent any such Financial Information or Operating Data is included in the Annual Report by reference, any document so referred to has been previously provided to the Repositories or filed with the SEC or, in the case of a reference to a Final Official Statement, has been filed with the MSRB. Such Financial Information and Operating Data have been prepared on the basis of the [Audited/Unaudited] Financial Statements. [Such Audited Financial Statements are included as part of the Annual Report.] [Because the Audited Financial Statements have not been approved by the Governing Body as of the date hereof, the Unaudited Financial Statements have been included as part of the Annual Report. The Unaudited Financial Statements have been prepared on a basis substantially consistent with such Audited Financial Statements. The Borrower shall deliver such Audited Financial Statements to the Dissemination Agent as soon as practicable after they have been approved by the Governing Body.] 10 IN WITNESS WHEREOF, the undersigned has executed and delivered this Annual Report Certificate to the Dissemination Agent, which has received such certificate and the Annual Report, all as of the day of the _ day of , Acknowledgment of Receipt: as Dissemination Agent Its: 11 Its: as Borrower EXHIBIT B Form of Section 5(a) Continuing Disclosure Certificate Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida 33401 The undersigned duly authorized signatory of (the "Borrower ") hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the 'Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Purpose. The Borrower is delivering this Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(a) of the Continuing Disclosure Agreement. 3. Financial Information and Operating Data Included in Final Official Statement. The following types of Financial Information and Operating Data were included in the Final Official Statement for the Bonds and are to be included in the Annual Report: (a) Financial Information (b) Operating Data 4. Annual Report. Until such time as the Borrower delivers a revised Continuing Disclosure Certificate and an opinion of disclosure counsel to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement, the Financial Information and Operating Data of the types identified in paragraph 3 of this certificate shall be included in the Annual Reports delivered by the Dissemination Agent pursuant to Section 4 of the Continuing Disclosure Agreement. 12 IN WITNESS WHEREOF, the undersigned has executed and delivered this Continuing Disclosure Certificate to the Dissemination Agent, which has received the same, all as of the 1 st day of , 2005. 0 Acknowledgment of Receipt: Florida League of Cities, Inc., as Dissemination Agent By:_ Its: Its: 13 as Borrower Exhibit B FORM OF LOAN AGREEMENT By and Between FLORIDA MUNICIPAL LOAN COUNCIL and CITY OF , FLORIDA Dated as of 1, 2006 FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006 This Instrument Prepared By: Grace E. Dunlap, Esq. Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 mrk JoLinda Herring, Esq. Bryant Miller Olive One Biscayne Tower 2 South Biscayne Blvd., Suite 1480 Miami, Florida 33131 TABLE OF CONTENTS Page ARTICLE I - DEFINITIONS ........................................................................................ ..............................2 ARTICLE II - REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER AND COUNCIL ..................................................... .............................10 SECTION 2.01. Representations, Warranties and Covenants ................. .............................10 SECTION 2.02. Covenants of Borrower ..................................................... .............................13 ARTICLE III - THE LOAN ......................................................................................... .............................17 SECTION3.01. The Loan .............................................................................. .............................17 SECTION 3.02. Evidence of Loan ................................................................ .............................17 ARTICLE IV - LOAN TERM AND LOAN CLOSING REQUIREMENTS .......... .............................18 SECTION 4.01. Commencement of Loan Term ........................................ .............................18 SECTION 4.02. Termination of Loan Term ............................................... .............................18 SECTION 4.03. Loan Closing Submissions .............................................. .............................18 ARTICLE V - LOAN REPAYMENTS ....................................................................... .............................20 SECTION 5.01. Payment of Basic Payments .............................................. .............................20 SECTION 5.02. Payment of Surety Bond Costs ........................................ .............................20 SECTION 5.03. Payment of Additional Payments ................................. .............................20 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments ................22 SECTION 5.05. Obligations of Borrower Unconditional ......................... .............................22 SECTION 5.06. Refunding Bonds ............................................................... .............................22 SECTION5.07. Prepayment ......................................................................... .............................22 ARTICLEVI - DEFEASANCE ................................................................................... .............................23 ARTICLE VII - ASSIGNMENT AND PAYMENT BY THIRD PARTIES ............. .............................24 SECTION 7.01. Assignment by Council ..................................................... .............................24 SECTION 7.02. Assignment by Borrower .................................................. .............................24 SECTION 7.03. Payments by the Bond Insurer ......................................... .............................24 SECTION 7.04. Payments by the Surety Bond Provider .......................... .............................24 ARTICLE VIII - EVENTS OF DEFAULT AND REMEDIES .................................. .............................25 SECTION 8.01. Events of Default Defined ................................................ .............................25 SECTION8.02. Notice of Default ................................................................ .............................26 SECTION 8.03. Remedies on Default ......................................................... .............................26 SECTION8.04. [Reserved] ........................................................................... .............................27 SECTION 8.05. No Remedy Exclusive; Waiver, Notice ........................... .............................27 SECTION 8.06. Application of Moneys ...................................................... .............................27 ARTICLE IX - MISCELLANEOUS .......................................................................... .............................28 i SECTION9.01. Notices ................................................................................. .............................28 SECTION 9.02. Binding Effect ..................................................................... .............................28 SECTION 9.03. Severability ......................................................................... .............................28 SECTION 9.04. Amendments, Changes and Modifications .................... .............................28 SECTION 9.05. Execution in Counterparts ................................................ .............................29 SECTION 9.06. Applicable Law .................................................................. .............................29 SECTION 9.07. Benefit of Bondholders; Compliance with Indenture ... .............................29 SECTION9.08. Consents and Approvals .................................................. .............................29 SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower...................................................................... ............................... 29 SECTION9.10. Captions .............................................................................. .............................29 SECTION 9.11. No Pecuniary Liability of Council ................................... .............................29 SECTION 9.12. Payments Due on Holidays .............................................. .............................30 SECTION9.13. Calculations ........................................................................ .............................30 SECTION 9.14. Time of Payment ................................................................ .............................30 EXHIBIT A USE OF LOAN PROCEEDS EXHIBIT B CERTIFIED ORDINANCE OF BORROWER EXHIBIT C OPINION OF BORROWER'S COUNSEL EXHIBIT D DEBT SERVICE SCHEDULE EXHIBIT E FORM OF REQUISITION CERTIFICATE it LOAN AGREEMENT This Loan Agreement (the "Loan Agreement" or the "Agreement ") dated as of 1, 2006 and entered into between the FLORIDA MUNICIPAL LOAN COUNCIL (the "Council "), a separate legal entity and public body corporate and politic duly created and existing under the Constitution and laws of the State of Florida, and the CITY OF , FLORIDA (the "Borrower "), a duly constituted municipality under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to the authority of the hereinafter defined Act, the Council desires to loan to the Borrower the amount necessary to enable the Borrower to finance, refinance or reimburse the cost of the Projects, as hereinafter defined, and the Borrower desires to borrow such amount from the Council subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, the Council is a separate legal entity and public body corporate and politic duly created and existing under the laws of the State of Florida organized and existing under and by virtue of the Interlocal Agreement among initially, the City of DeLand, Florida, the City of Rockledge, Florida and the City of Stuart, Florida, as amended and supplemented, together with the additional governmental entities who become members of the Council, in accordance with Chapter 163, Part I, Florida Statutes, as amended (the " Interlocal Act "); and WHEREAS, the Council has determined that there is substantial need within the State for a financing program (the "Program ") which will provide funds for qualifying projects (the "Projects ") for the participating Borrowers; and WHEREAS, the Council is authorized under the Interlocal Act to issue its revenue bonds to provide funds for such purposes; and WHEREAS, the Council has determined that the public interest will best be served and that the purposes of the Interlocal Act can be more advantageously obtained by the Council's issuance of revenue bonds in order to loan funds to the Borrowers to finance Projects; and WHEREAS, the Borrower is authorized under and pursuant to the Act, as amended, to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Council and the Borrower have determined that the lending of funds by the Council to the Borrower pursuant to the terms of this Agreement and that certain Trust Indenture dated as of 1, 2006, between the Council and the Trustee (as defined herein) relating to the Bonds (as hereinafter defined), including any amendments and supplements thereto (the "Indenture "), will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Borrower, and shall serve a public purpose by improving the health and living conditions, and providing adequate governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs in the State; and WHEREAS, neither the Council, the Borrower nor the State or any political subdivision thereof (other than each Borrower to the extent of their obligations under their respective Loan Agreements only), shall in any way be obligated to pay the principal of, premium, if any, or interest on those certain revenue bonds of the Council designated "Florida Municipal Loan Council Revenue Bonds, Series 2006" (the "Bonds ") as the same shall become due, and the issuance of the Bonds shall not directly, indirectly or contingently obligate the Borrower, the State or any political subdivision or municipal corporation thereof to levy or pledge any form of ad valorem taxation for their payment but shall be payable solely from the funds and revenues pledged under and pursuant to this Agreement and the Indenture. NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings, and any other hereinafter defined, shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants. "Accounts" means the accounts created pursuant to Section 4.02 of the Indenture. "Act' ' means, collectively, to the extent applicable to .the Borrower, Chapter 163, Part I, Florida Statutes, Chapter 166, Part II, Florida Statutes, and Chapter 125, Part I, as amended, and all other applicable provisions of law. "Additional Payments" means payments required by Section 5.03 hereof. "Alternate Surety Bond" means any letter of credit or surety bond obtained to replace the Surety Bond then in effect pursuant to the Indenture. "Alternate Surety Bond Provider" means any provider of an Alternate Surety Bond. 2 "Arbitrage Regulations" means the income tax regulations promulgated, proposed or applicable pursuant to Section 148 of the Code as the same may be amended or supplemented or proposed to be amended or supplemented from time to time. "Authorized Representative" means, when used pertaining to the Council, the Chairman of the Council and such other designated members, agents or representatives as may hereafter be selected by Council resolution; and, when used with reference to a Borrower which is a municipality, means the person performing the functions of the Mayor or Deputy, Acting or Vice Mayor thereof or other officer authorized to exercise the powers and performs the duties of the Mayor; and, when used with reference to a Borrower which is a County means the person performing the function of the Chairman or Vice Chairman of the Board of County Commissioners of such Borrower; and, when used with reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Basic Payments" means the payments denominated as such in Section 5.01 hereof. "Board" means the governing body of the Borrower. "Bond Counsel" means Bryant Miller Olive, Tampa, Florida or any other nationally recognized bond counsel. "Bondholder" or "Holder' or "holder of Bonds" or "Owner' or 'owner of Bonds" whenever used herein with respect to a Bond, means the person in whose name such Bond is registered. "Bond Insurance" means the insurance policy of the Bond Insurer which insures payment of the principal of and interest on the Bonds when due. "Bond Insurance Premium" means the premiums payable to the Bond Insurer for the Bond Insurance. 'Bond Insurer' means and any successors thereto. "Bonds" means the $ Florida Municipal Loan Council Revenue Bonds, Series 2006 issued pursuant to Article II of the Indenture. 'Bond Year' means a 12 -month period beginning on 2 and ending on and including the following 1, except for the first period which begins on 2006. 'Borrower' means the governmental unit which is described in the first paragraph and on the cover page of this Loan Agreement and which is borrowing and using the Loan proceeds 3 to finance, refinance and /or be reimbursed for, all or a portion of the costs of one or more Projects. "Borrowers" means, collectively, the Borrower executing this Loan Agreement and the other governmental units which have received loans from the Council made from proceeds of the Bonds. "Business Day" means any day of the year which is not a Saturday or Sunday or a day on which banking institutions located in New York City or the State are required or authorized to remain closed or on which the New York Stock Exchange is closed. "Certificate," "Statement," "Request," "Requisition" and "Order" of the Council mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the Council by its Chairman, Program Administrator or such other person as may be designated and authorized to sign for the Council. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. "Closing" means the closing of a Loan pursuant to the Indenture and this Agreement. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated, proposed or applicable thereunder. "Commencement Date" means the date when the term of this Agreement begins and the obligation of the Borrower to make Loan Repayments accrues. "Council" means the Florida Municipal Loan Council. "Cost" means "Cost" as defined in the Act. "Cost of Issuance Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Counsel" means an attorney duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for either the Council or the Borrowers. "Default" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Event of Default" shall have the meaning ascribed to such term in Section 8.01 of this Agreement. 4 "Financial Newspaper" or "Journal" means The Wall Street Journal or The Bond Buyer or any other newspaper or journal containing financial news, printed in the English language, customarily published on each Business Day and circulated in New York, New York, and selected by the Trustee, whose decision shall be final and conclusive. "Fiscal Year" means the fiscal year of the Borrower. "Fitch" means Fitch Ratings, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with approval of the Bond Insurer, by notice to the Trustee. "Franchise Fees" means the amounts, revenues, and fees paid by Florida Power & Light Company to the Borrower pursuant to and in accordance with Ordinance 2006 -021 of the Borrower enacted June 20, 2006 and the Franchise Agreement dated as of , 2006. "Funds" means the funds created pursuant to Section 4.02 of the Indenture. "Governmental Obligations" means (i) direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same, including interest on obligations of the Resolution Funding Corporation and (ii) pre - refunded municipal obligations meeting the following criteria: (a) the municipal obligations may not be callable prior to maturity or, alternatively, the trustee has received irrevocable instructions concerning their calling and redemption; (b) the municipal obligations are secured by cash or securities described in subparagraph (i) above (the "Defeasance Obligations "), which cash or Defeasance Obligations may be applied only to interest, principal, and premium payments of such municipal obligations; (c) the principal and interest of the Defeasance Obligations (plus any cash in the fund) are sufficient to meet the liabilities of the municipal obligations; (d) the Defeasance Obligations serving as security for the municipal obligations must be held by an escrow agent or a trustee; and (e) the Defeasance Obligations are not available to satisfy any other claims, including those against the Trustee or escrow agent. 5 Additionally, evidences of ownership of proportionate interests in future interest and principal payments of Defeasance Obligations are permissible. Investments in these proportionate interests are limited to circumstances wherein (a) a bank or trust company acts as custodian and holds the underlying obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying obligations; and (c) the underlying obligations are held in a special account separate and apart from the custodian's general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. "Indenture" means the Trust Indenture dated as of 1, 2006 between the Council and the Trustee, including any indentures supplemental thereto, pursuant to which (i) the Bonds are authorized to be issued and (ii) the Council's interest in the Trust Estate is pledged as security for the payment of principal of, premium, if any, and interest on the Bonds. "Interest Payment Date" means 1 and 1 of each year, commencing 1, 2006. "Interest Period" means the semi - annual period between Interest Payment Dates. " Interlocal Act" means Chapter 163, Part I, Florida Statutes. " Interlocal Agreement" means that certain Interlocal Agreement originally dated as of December 1, 1998, initially among the City of Stuart, Florida, the City of Rockledge, Florida and the City of DeLand, Florida, together with the additional governmental entities who become members of the Council, all as amended and supplemented from time to time. "Liquidation Proceeds" means amounts received by the Trustee or the Council in connection with the enforcement of any of the remedies under this Loan Agreement after the occurrence of an "Event of Default" under this Loan Agreement which has not been waived or cured. "Loan" means the Loan made to the Borrower from Bond proceeds to finance certain Project(s) in the amount specified in Section 3.01 herein. "Loans" means all loans made by the Council under the Indenture to the Borrowers. "Loan Agreement" or "Loan Agreements" means this Loan Agreement and any amendments and supplements hereto. "Loan Repayment Date" means ' 2006, and thereafter each and . or if such day is not a Business Day, the next preceding Business Day. 0 "Loan Repayments" means the payments of principal and interest and other payments payable by the Borrower pursuant to the provisions of this Loan Agreement, including, without limitation, Additional Payments. "Loan Term" means the term provided for in Article IV of this Loan Agreement. " Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, " Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with the approval of the Bond Insurer, by notice to the Trustee. [ "Non -Ad Valorem Revenues" means all revenues and taxes of the Borrower derived from any source whatever other than ad valorem taxation on real and personal property, which are legally available for Loan Repayments.] "Opinion of Bond Counsel" means an opinion by Bond Counsel which is selected by the Council and acceptable to the Trustee. "Opinion of Counsel" means an opinion in writing of a legal counsel, who may, but need not be, counsel to the Council, a Borrower or the Trustee. "Outstanding Bonds" or "Bonds Outstanding" means all Bonds which have been authenticated and delivered by the Trustee under the Indenture, except: (a) Bonds canceled after purchase in the open market or because of payment at or redemption prior to maturity, (b) Bonds deemed paid under Article IX of the Indenture; and (c) Bonds in lieu of which other Bonds have been authenticated under Section 2.06, 2.07 or 2.09 of the Indenture. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. :. • "Pledged Revenues" means the Franchise Fees. "Principal Fund" means the fund by that name created by Section 4.02 of the Indenture. "Principal Payment Date" means the maturity date or mandatory redemption date of any 7 "Program" means the Council's program of making Loans under the Act and pursuant to the Indenture. "Program Administrator" means the Florida League of Cities, Inc., a non - profit Florida corporation. "Project" or "Projects" means a governmental undertaking approved by the governing body of a Borrower for a public purpose, including the refinancing of any indebtedness. "Project Loan Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Proportionate Share" means, with respect to any Borrower, a fraction the numerator of which is the outstanding principal amount of the Loan of such Borrower made from proceeds of the Bonds and the denominator of which is the outstanding principal amount of all Loans made from proceeds of the Bonds and then outstanding. "Purchase Price" means the purchase price of one or more items of a Project payable by a Borrower to the seller of such items. "Redemption Price" means, with respect to any Bond (or portion thereof), the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption pursuant to the provisions of such Bond and the Indenture. "Reserve Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenue Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenues" means all Loan Repayments paid to the Trustee for the respective accounts of the Borrowers for deposit in the Principal Fund and Revenue Fund to pay principal of, premium, if any, and interest on the Bonds upon redemption, at maturity or upon acceleration of maturity, or to pay interest on the Bonds when due, and all receipts of the Trustee credited to the Borrower under the provisions of this Loan Agreement. "S &P" means Standard & Poor's, a division of the McGraw -Hill Companies, Inc., a corporation organized and existing under the laws of the State of New York, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S &P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with the approval of the Bond Insurer, by notice to the Trustee. LV "Special Record Date" means the date established pursuant to Section 9.05 of the Indenture as a record date for the payment of defaulted interest, if any, on the Bonds. "State" means the State of Florida. "Supplemental Indenture" means any indenture hereafter duly authorized and entered into between the Council and the Trustee, supplementing, modifying or amending the Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized in the Indenture. "Surety Bond" means the surety bond issued by the Surety Bond Provider guaranteeing certain payments into the Reserve Fund with respect to the Bonds and any other series of the Council's bonds or any Alternate Surety Bond. "Surety Bond Provider" means any Alternate Surety Bond Provider. and any successors thereto or "Trust Estate" means the property, rights, Revenues and other assets pledged and assigned to the Trustee pursuant to the Granting Clauses of the Indenture. "Trustee" means as Trustee, or any successor thereto under the Indenture. E ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER AND COUNCIL SECTION 2.01. Representations, Warranties and Covenants. The Borrower and the Council represent, warrant and covenant on the date hereof for the benefit of the Trustee, the Borrower, the Bond Insurer and Bondholders, as applicable, as follows: (a) Organization and Authority. The Borrower: (1) is a duly organized and validly existing municipality of the State and is a duly organized and validly existing Borrower; and (2) has all requisite power and authority to own and operate its properties and to carry on its activities as now conducted and as presently proposed to be conducted. (b) Full Disclosure. There is no fact that the Borrower knows of which has not been specifically disclosed in writing to the Council and the Bond Insurer that materially and adversely affects or, except for pending or proposed legislation or regulations that are a matter of general public information affecting State of Florida municipalities generally, that will materially affect adversely the properties, activities, prospects or condition (financial or otherwise) of the Borrower or the ability of the Borrower to perform its obligations under this Agreement. The financial statements, including balance sheets, and any other written statement furnished by the Borrower to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading. There is no fact known to the Borrower which the Borrower has not disclosed to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer in writing which materially affects adversely or is likely to materially affect adversely the financial condition of the Borrower, or its ability to make the payments under this Agreement when and as the same become due and payable. (c) Pending Litigation. To the knowledge of the Borrower there are no proceedings pending, or to the knowledge of the Borrower threatened, against or affecting the Borrower, except as specifically described in writing to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the properties, prospects or condition (financial or otherwise) of the Borrower, 10 or the existence or powers or ability of the Borrower to enter into and perform its obligations under this Agreement. (d) Borrowing_ Legal and Authorized. The execution and delivery of this Agreement and the consummation of the transactions provided for in this Agreement and compliance by the Borrower with the provisions of this Agreement: (1) are within the powers of the Borrower and have been duly and effectively authorized by all necessary action on the part of the Borrower; and (2) do not and will not (i) conflict with or result in any material breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Borrower pursuant to any indenture, loan agreement or other agreement or instrument (other than this Agreement) or restriction to which the Borrower is a party or by which the Borrower, its properties or operations are bound as of the date of this Agreement or (ii) with the giving of notice or the passage of time or both, constitute a breach or default or so result in the creation or imposition of any lien, charge or encumbrance, which breach, default, lien, charge or encumbrance (described in (i) or (ii)) could materially and adversely affect the validity or the enforceability of this Agreement or the Borrower's ability to perform fully its obligations under this Agreement; nor does such action result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Borrower, its properties or operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which, upon the execution and delivery of this Agreement and /or the passage of time or giving of notice or both, would constitute an Event of Default. The Borrower is not in violation in any material respect, and has not received notice of any claimed violation (except such violations as (i) heretofore have been specifically disclosed in writing to, and have been in writing specifically consented to by the Council and the Bond Insurer and (ii) do not, and shall not, have any material adverse effect on the transactions herein contemplated and the compliance by the Borrower with the terms hereof), of any terms of any agreement or other instrument to which it is a party or by which it, its properties or operations may be bound, which may materially adversely affect the ability of the Borrower to perform hereunder. (f) Governmental Consent. The Borrower has obtained, or expects to obtain when required, all permits, approvals and findings of non- reviewability required as of the date hereof by any governmental body or officer for the acquisition and /or installation of the Project, including construction and renovation work, the financing or refinancing thereof or the reimbursement of the Borrower therefor, or the use of such Project, the Borrower has complied with or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any agency or other governmental body or officer in connection with the acquisition or installation of the Project, including construction and renovation work 11 necessary for such installation, financing or refinancing thereof or reimbursement of the Borrower therefor; and any such action, construction, installation, financing, refinancing or reimbursement contemplated in this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such agency or other governmental consent, order or other action which is applicable thereto. No further consent, approval or authorization of, or filing, registration or qualification with, any governmental authority is required on the part of the Borrower as a condition to the execution and delivery of this Loan Agreement, or to amounts becoming outstanding hereunder. (g) Compliance with Law. The Borrower is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject and which are material to its properties, operations, finances or status as a municipal corporation or subdivision of the State. (h) Use of Proceeds. (1) The Borrower will apply the proceeds of the Loan from the Council solely for the financing for the cost of the Projects as set forth in Exhibit A hereto. If any component of the Project listed in Exhibit A is not paid for out of the proceeds of the Loan at the Closing of the Loan, Borrower shall, as quickly as reasonably possible, with due diligence, and in any event prior to ' 2009, use the remainder of the amounts listed in Exhibit A and any investment earnings thereon to pay the cost of the Project, provided that, such time limit may be extended by the written consent of the Council with notice to the Trustee, and provided further that Borrower may amend Exhibit A without the consent of the Council or the Trustee (but with notice thereto) but with a favorable opinion of Bond Counsel (to the effect that such an amendment and the completion of the revised Project will not adversely affect the validity or tax - exempt status of the Bonds) regarding the amended Exhibit A, to provide for the financing of a different or additional Project if Borrower, after the date hereof, deems it to not be in the interest of Borrower to acquire or construct any item of such Project or the cost of the Project proves to be less than the amounts listed on Exhibit A and the investment earnings thereon. Notwithstanding the foregoing all such proceeds shall be expended prior to 2009. Borrower will provide the Trustee with a requisition in the form of the requisition attached hereto as Exhibit E for the expenditure of the remaining amounts of the Loan in the Project Loan Fund. (2) Items of cost of the Project which may be financed include all reasonable or necessary direct or indirect costs of or incidental to the acquisition, construction or installation of the Project, including operational expenses during this construction period which would qualify for capitalization under generally accepted accounting principles, the incidental costs of placing the same in use and financing expenses (including the application or origination fees, if any, of the Bond Insurer and the Council and Borrower's Counsel fees), but not operating expenses. 12 (3) Borrower understands that the actual Loan proceeds received by it are less than the sum of the face amount of the Loan Agreement plus the reoffering premium in an amount equal to a discount as described in Section 3.01 hereof. Borrower will accordingly be responsible for repaying, through the Basic Payments portion of its Loan Repayments, the portion of the Bonds issued to fund only its Loan including the portion issued to fund the underwriting discount, original issue discount and other fees and costs of issuing the Bonds. (4) The Borrower covenants that it will make no use of the proceeds of the Bonds which are in its control at any time during the term of the Bonds which would cause such Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. (5) The Borrower, by the Trustee's acceptance of the Indenture, covenants that the Borrower shall neither take any action nor fail to take any action or to the extent that it may do so, permit any other party to take any action which, if either taken or not taken, would adversely affect the exclusion from gross income for Federal income tax purposes of interest on the Bonds. (i) Project. All items constituting the Project are permitted to be financed with the proceeds of the Bonds and the Loan pursuant to the Act. 0) Compliance with Interlocal Act and Interlocal Agreement. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Interlocal Agreement and the Interlocal Act. (k) Enforcement of Franchise Agreement. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not undertake any actions which would .impair or adversely effect its right to receive the Pledged Revenues under the terms of the Franchise Agreement. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to comply with the Franchise Agreement. SECTION 2.02. Covenants of Borrower. The Borrower makes the following covenants and representations as of the date first above written and such covenants shall continue in full force and effect during the Loan Term: (a) Security for Loan Repayment. The Borrower agrees to pay when due under this Loan Agreement as promptly as money becomes available to the Trustee for deposit directly into the appropriate Fund or Account created in the Indenture, amounts of Pledged Revenues of the Borrower sufficient to satisfy the Loan Repayment as required under this Loan Agreement. The Borrower does hereby irrevocably pledge the Pledged Revenues to the payment of the Loan Repayments. 13 (b) Delivery of Information to the Bond Insurer. Borrower shall deliver to the Bond Insurer and the Council as soon as available and in any event within 270 days after the end of each Fiscal Year an audited statement of its financial position as of the end of such Fiscal Year and the related statements of revenues and expenses, fund balances and changes in fund balances for such Fiscal Year, all reported by an independent certified public accountant, whose report shall state that such financial statements present fairly Borrower's financial position as of the end of such Fiscal Year and the results of operations and changes in financial position for such Fiscal Year. (c) Information. Borrower's chief financial officer shall, at the reasonable request of the Bond Insurer, discuss Borrower's financial matters with the Bond Insurer or their designee and provide the Bond Insurer with copies of any documents reasonably requested by the Bond Insurer or its designee unless such documents or material are protected or privileged from disclosure under applicable Florida law. (d) [Reserved]. (e) Further Assurance. The Borrower shall execute and deliver to the Trustee all such documents and instruments and do all such other acts and things as may be reasonably necessary to enable the Trustee to exercise and enforce its rights under this Loan Agreement and to realize thereon, and record and file and re- record and re -file all such documents and instruments, at such time or times, in such manner and at such place or places, all as may be reasonably necessary or required by the Trustee to validate, preserve and protect the position of the Trustee under this Loan Agreement. (f) Ke—Tg of Records and Books of Account. The Borrower shall keep or cause to be kept proper records and books of account, in which correct and complete entries will be made in accordance with generally accepted accounting principles, consistently applied (except for changes concurred in by the Borrower's independent auditors) reflecting all of its financial transactions. (g) Payment of Taxes, Etc. The Borrower shall pay all legally contracted obligations when due and shall pay all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits, or upon any properties belonging to it, prior to the date on which penalties attach thereto, and all lawful claims, which, if unpaid, might become alien or charge upon any of its properties, provided that it shall not be required to pay any such tax, assessment, charge, levy or claim which is being contested in good faith and by appropriate proceedings, which shall operate to stay the enforcement thereof. (h) Compliance with Laws Etc. Subject to an annual appropriation of legally available funds, the Borrower shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and lawful orders of any governmental authority, non- compliance with which would, singularly or in the aggregate, materially adversely affect its 14 business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (i) Tax- exempt Status of Bonds. The Council and the Borrower understand that it is the intention hereof that the interest on the Bonds not be included within the gross income of the holders thereof for federal income tax purposes. In furtherance thereof, the Borrower and the Council each agree that they will take all action within their control which is necessary in order for the interest on the Bonds or this Loan to remain excluded from gross income for federal income taxation purposes and shall refrain from taking any action which results in such interest becoming included in gross income. The Borrower and the Council further covenant that, to the extent they have control over the proceeds of the Bonds, they will not take any action or fail to take any action with respect to the investment of the proceeds of any Bonds, with respect to the payments derived from the Bonds or hereunder or with respect to the issuance of other Council obligations, which action or failure to act may cause the Bonds to be "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code and the regulations promulgated thereunder. In furtherance of the covenant contained in the preceding sentence, the Borrower and the Council agree to comply with the Tax Certificate as to Arbitrage and the provisions of Section 141 through 150 of the Internal Revenue Code of 1986, as amended, including the letter of instruction attached as an Exhibit to the Tax Certificate, delivered by Bryant Miller Olive to the Borrower and the Council simultaneously with the issuance of the Bonds, as such letter may be amended from time to time, as a source of guidelines for achieving compliance with the Code. 0) Information Rejorts. The Borrower covenants to provide the Council with all material and information it possesses or has the ability to possess necessary to enable the Council to file all reports required under Section 149(e) of the Code to assure that interest paid by the Council on the Bonds shall, for purposes of the federal income tax, be excluded from gross income. (k) Limited Obligations. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that all obligations of the Borrower hereunder shall be payable only from Pledged Revenues and nothing herein shall be deemed to pledge ad valorem taxation revenues or to permit or constitute a mortgage or lien upon any assets or property owned by the Borrower and no Bondholder or any other person, including the Council, the Trustee or the Bond Insurer, may compel the levy of ad valorem taxes on real or personal property within the boundaries of the Borrower. The obligations hereunder do not constitute an indebtedness of the Borrower within the meaning of any constitutional, statutory or charter provision or limitation, and neither the Trustee, the Council, the Bond Insurer, or the Bondholders or any other person shall have the right to compel the exercise of the ad valorem taxing power of the Borrower or taxation of any real or personal property therein for the payment by the Borrower of its obligations hereunder. It is the intent of the parties hereto and they do hereby covenant and agree, that the liability of the Borrower hereunder is a several 15 liability of the Borrower expressly limited to the Loan Repayments and the Borrower shall have no joint liability with any other Borrower or the Council for any of their respective liabilities, except to the extent expressly provided hereunder. (1) Reporting; Requirements. (i) The Borrower will file or cause to be filed with the Bond Insurer and with the Council any official statement issued by, or on behalf of, the Borrower in connection with the incurrence of any additional indebtedness by the Borrower. Such official statements shall be filed within sixty (60) days after the publication thereof. (ii) The Borrower agrees to provide not later than December 31 of each year, a certificate of its Chief Financial Officer stating that to the best of its knowledge the Borrower is in compliance with the terms and conditions of this Loan Agreement, or, specifying the nature of any noncompliance and the remedial action taken or proposed to be taken to cure such noncompliance. (m) Covenant of Pledged Revenues. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not impair or adversely effect its right to receive the Pledged Revenues. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to collect and receive the Pledged Revenues. Further, the Pledged Revenues shall not be subject to repeal or impairment by any subsequent ordinance, resolution or other proceedings of the governing body of the Borrower. 16 ARTICLE III THE LOAN SECTION 3.01. The Loan. The Council hereby agrees to loan to the Borrower and the Borrower hereby agrees to borrow from the Council the sum of $ ($ par amount of Bonds plus $ reoffering premium). This amount includes an amount equal to % which reflect the Borrower's share of the cost of the initial issuance of the Bonds subject to the terms and conditions contained in this Loan Agreement and in the Indenture. The amounts advanced net of the cost of the initial issuance are to be used by the Borrower for the purposes of financing or refinancing the cost of, or receiving reimbursement for the equity in, the Projects in accordance with the provisions of this Loan Agreement. .SECTION 3.02. Evidence of Loan. The Borrower's obligation hereunder to repay amounts advanced pursuant to Section 3.01, together with interest thereon, and other payments required under this Loan Agreement, shall be evidenced by this Loan Agreement. 17 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. Commencement of Loan Term. The Borrower's obligations under this Loan Agreement shall commence on the date hereof unless otherwise provided in this Loan Agreement. SECTION 4.02. Termination of Loan Term. The Borrower's obligations under this Loan Agreement shall terminate after payment in full of all amounts due under this Loan Agreement and all amounts not theretofore paid shall be due and payable at the times and in the amounts set forth in Exhibit D attached hereto; provided, however, that all covenants and all obligations provided hereunder specified to so survive (including- the obligation of the Borrower to pay its share of the rebate obligations of the Council owed on the Bonds and agreed to by the Borrowers pursuant to Section 5.03(b)(7) hereof) shall survive the termination of this Loan Agreement and the payment in full of principal and interest hereunder. Upon termination of the Loan Term as provided above, the Council and the Trustee shall deliver, or cause to be delivered, to the Borrower an acknowledgment thereof. SECTION 4.03. Loan Closing Submissions. Concurrently with the execution and delivery of this Loan Agreement, the Borrower is providing to the Trustee the following documents each dated the date of such execution and delivery unless otherwise provided below: (a) Certified ordinance of the Borrower substantially in the form of Exhibit B attached hereto; (b) An opinion of the Borrower's Counsel in the form of Exhibit C attached hereto to the effect that the Loan Agreement is a valid and binding obligation of the Borrower and opining to such other matters as may be reasonably required by Bond Counsel, underwriter's counsel and the Bond Insurer and acceptable to Borrower's Counsel; (c) A certificate of the officials of the Borrower who sign this Loan Agreement to the effect that the representations and warranties of the Borrower are true and correct; (d) A certificate signed by the Authorized Representative of the Borrower, in form and substance satisfactory to Bond Counsel, stating (i) the estimated dates and the amounts of projected expenditures for the Project and (ii) that it is reasonably anticipated by the Borrower that the Loan proceeds will be fully advanced therefor and expended by the Borrower prior to 2009, and that the projected expenditures are based on the reasonable expectations of the Borrower having due regard for its capital needs and the revenues available for the repayment thereof. (e) This executed Loan Agreement; (f) An opinion (addressed to the Council, the Trustee, the Bond Insurer and the Borrower) of Bond Counsel to the effect that such financing, refinancing or reimbursement with Loan proceeds is permitted under the Act, the Indenture and the resolution authorizing this Loan Agreement and will not cause the interest on the Bonds to be included in gross income for purposes of federal income taxation or adversely affect the validity, due authorization for or legality of the Bonds; and (g) Such other certificates, documents, opinions and information as the Council, the Bond Insurer, the Trustee or Bond Counsel may require, such requirement to be evidenced (in the case of parties other than the Trustee) by written notice of such party to the Trustee of such requirement. All opinions and certificates shall be dated the date of the Closing. 19 ARTICLE V LOAN REPAYMENTS SECTION 5.01. Payment of Basic Payments. Borrower shall pay to the order of the Council all Loan Repayments in lawful money of the United States of America to the Trustee. No such Loan Repayment shall be in an amount such that interest on the Loan is in excess of the maximum rate allowed by the laws of the State of Florida or of the United States of America. The Loan shall be repaid in Basic Payments, consisting of: (a) principal in the amounts and on the dates set forth in Exhibit D; plus (b) interest calculated at the rates, in the amounts and on the dates set forth in Exhibit D; On or before the fifteenth (15th) day of the month immediately preceding each Interest Payment Date, the Trustee shall give Borrower notice in writing of the total amount of the next Basic Payment due. The Basic Payments shall be due on each and or if such day is not a Business Day, the next preceding Business Day (a "Loan Repayment Date "), commencing , 2006, and extending through , 20---1 unless the due date of the Basic Payments is accelerated pursuant to the terms of Section 8.03 hereof. SECTION 5.02. Payment of Surety Bond Costs. The Borrower recognizes that the Surety Bond Provider has provided to the Council the Surety Bond for deposit to the Reserve Fund in lieu of a cash payment or deposit by the Borrower. The Surety Bond shall secure and satisfy the Reserve Requirement (as defined in the Indenture) and any other reserve requirement of bonds as listed on Annex A to the Surety Bond. The Borrower or any other borrower whose loan was funded with proceeds of a bond issue listed on Annex A to the Surety Bond, may draw on the Surety Bond in an amount equal to or less than the limit of the Surety Bond, all in accordance with Section 4.08 of the Indenture. The Borrower hereby agrees to pay to the Trustee an amount equal to the amount drawn by the Borrower (or on behalf of the Borrower) on the Surety Bond as set forth in subsection (c) of Section 5.03 hereof. Such Surety Bond may be replaced by an Alternate Surety Bond issued with respect to funding the reserve fund of subsequent bonds issued by the Council whose reserve fund shall be on a parity with the Bonds, all in accordance with Section 4.08 of the Indenture. SECTION 5.03. Payment of Additional Payments. In addition to Basic Payments, Borrower agrees to pay on demand of the Council or the Trustee, the following Additional Payments: (a) (i) Borrower's Proportionate Share of: the annual fees or expenses of the Council, if any, including the fees of any provider of arbitrage rebate calculations; the Bond Insurance Premium of the Bond Insurer (to the extent not previously paid from the Cost of 20 r Issuance Fund); the fees of the Program Administrator and the fees of the rating agencies (to the extent not previously paid from the Cost of Issuance Fund); and (ii) Borrower's equal share of the annual fees of the Trustee; annual fees of the Registrar and Paying Agent; and the Surety Bond premium of the Surety Bond Provider and any related fees in connection with the Surety Bond (to the extent not previously paid from the Cost of Issuance Fund). (b) All reasonable fees and expenses of the Council or Trustee relating to this Loan Agreement, including, but not limited to: (1) the cost of reproducing this Loan Agreement; (2) the reasonable fees and disbursements of Counsel utilized by the Council, the Trustee and the Bond Insurer in connection with the Loan, this Loan Agreement and the enforcement thereof; (3) reasonable extraordinary fees of the Trustee following an Event of Default hereunder; (4) all other reasonable out -of- pocket expenses of the Trustee and the Council in connection with the Loan, this Loan Agreement and the enforcement thereof; (5) all taxes (including any recording and filing fees) in connection with the execution and delivery of this Loan Agreement and the pledge and assignment of the Council's right, title and interest in and to the Loan and the Loan Agreement, pursuant to the Indenture (and with the exceptions noted therein), and all expenses, including reasonable attorneys' fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof; (6) all reasonable fees and expenses of the Bond Insurer relating directly to the Loan; and (7) the Borrower's share of any amounts owed to the United States of America as rebate obligations on the Bonds related to the_ Borrower's Loan, which obligation shall survive the termination of this Loan Agreement. (c) For repayment of the Surety Bond held by the Trustee an amount equal to any amount drawn by the Borrower (or on behalf of the Borrower) from the Surety Bond due to the Borrower's failure to pay its Basic Payments in accordance with Section 5.01 hereof, at the times and in the manner and together with interest and expense due thereon all as provided in Section 4.08(a) of the Indenture undertaken in order to reinstate the Surety Bond. The Borrower shall repay such amount drawn on the Surety Bond due to the Borrower's failure to pay its Basic Payments with the first available funds after payment of the current Loan Repayment. The Borrower shall repay only the amount drawn due to its failure to pay its Basic Payment. 21 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments. (a) On each Interest Payment Date the Trustee shall credit against Borrower's obligation to pay its Loan Repayments, Borrower's share of any interest earnings which were received during the prior Interest Period by the Trustee on the Funds and Accounts (except the Project Loan Fund) held under the Indenture, or shall increase the Borrower's obligation to pay its Loan Repayment, by Borrower's share of any investment losses which were incurred during the prior Interest Period on the Funds and Accounts (except the Project Loan Fund) held under the Indenture. (b) The credits provided for in (a) shall not be given to the extent the Borrower is in default in payment of its Loan Repayments. If past -due Loan Repayments are later collected from such defaulting Borrower, the amount of the missed credit shall, to the extent of the amount collected, be credited in proportion to the amount of credit missed, to the now non- defaulting Borrower from the past -due Loan Repayments. (c) The credits may be accumulated. If the credit allowable for an Interest Period is more than required on the next ensuing Interest Payment Date to satisfy the current Loan Repayment, it may be used on the following Interest Payment Date. SECTION 5.05. Obligations of Borrower Unconditional. Subject in all respects to the provisions of this Loan Agreement, including but not limited to Section 2.02(a) and (k) hereof, the obligations of Borrower to make the Loan Repayments required hereunder and to perform and observe the other agreements on its part contained herein, shall be absolute and unconditional, and shall not be abated, rebated, set -off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any Bonds remain outstanding or any Loan Repayments remain unpaid, regardless of any contingency, act of God, event or cause whatsoever. This Loan Agreement shall be deemed and construed to be a "net contract," and Borrower shall pay absolutely net the Loan Repayments and all other payments required hereunder, regardless of any rights of set -off, recoupment, abatement or counterclaim that Borrower might otherwise have against the Council, the Trustee, the Bond Insurer or any other party or parties. SECTION 5.06. Refunding Bonds. In the event the Bonds are refunded, all references in this Loan Agreement to Bonds shall be deemed to refer to the refunding bonds. The Council agrees not to issue bonds or other debt obligations to refund the portion of the Bonds allocable to this Agreement without the prior written consent of the Authorized Representative of the Borrower. SECTION 5.07. Prepayment. The Loan may be prepaid in whole or in part by the Borrower on the dates and in the amounts on which the Bonds are subject to optional redemption and notice provisions pursuant to Section 3.01 of the Indenture. 22 ARTICLE VI DEFEASANCE This Loan Agreement shall continue to be obligatory and binding upon the Borrower in the performance of the obligations imposed by this Loan Agreement and the repayment of all sums due by the Borrower under this Loan Agreement shall continue to be secured by thisloan Agreement as provided herein until all of the indebtedness and all of the payments required to be made by the Borrower shall be fully paid to the Council, the Trustee or the Bond Insurer. Provided, however, if, at any time, the Borrower shall have paid, or shall have made provision for payment of, the principal amount of the Loan, interest thereon and redemption premiums, if any, with respect to the Bonds and shall have paid all amounts due pursuant to Section 5.03 hereof, then, and in that event, the covenant regarding the lien on the Pledged Revenues to the Council for the benefit of the holders of the Bonds shall be no longer in effect and all future obligations of the Borrower under this Loan Agreement shall cease. For purposes of the preceding sentence, deposit of sufficient cash and /or Governmental Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Council in respect to which such Governmental Obligations, the principal and interest received will be sufficient (as reflected in an accountants verification report provided to the Trustee by the Borrower) to make timely payment of the principal, interest and redemption premiums, if any, on the Outstanding Bonds, shall be considered "provision for payment." Nothing herein shall be deemed to require the Council to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Council in determining whether to exercise any such option for early redemption. If the.Borrower shall make advance payments to the Council in an amount sufficient to retire the Loan of the Borrower, including redemption premium and accrued interest to the next succeeding redemption date of the Bonds, all future obligations of the Borrower under this Loan Agreement shall cease, including the obligations under Section 5.03 hereof, except as provided in Section 4.02 hereof. However, prior to making such payments, the Borrower shall give at least 35 days notice by certified or registered mail to the Council. 23 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. Assignment by Council. The Borrower expressly acknowledges that this Loan Agreement and the obligations of the Borrower to make payments hereunder (with the exception of certain of the Council rights to indemnification, fees, notices and expenses), have been pledged and assigned to the Trustee as security for the Bonds under the Indenture, and that the Trustee shall be entitled to act hereunder and thereunder in the place and stead of the Council whether or not the Bonds are in default. SECTION 7.02. Assignment by Borrower. This Loan Agreement may not be assigned by the Borrower for any reason without the express prior written consent of the Council, the Bond Insurer and the Trustee. SECTION 7.03. Payments by the Bond Insurer. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Bond Insurer do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. SECTION 7.04. Payments by the Surety Bond Provider. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Surety Bond Provider do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. 24 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. Events of Default Defined. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" and "Default" shall mean (except where the context clearly indicates otherwise), whenever they are used in this Loan Agreement, any one or more of the following events: (a) Failure by the Borrower to timely pay any Loan Repayment, when due, so long as the Bonds are outstanding; (b) Failure by the Borrower to timely pay any other payment required to be paid hereunder on the date on which it is due and payable, provided the Borrower has prior written notice of any such payments being due; (c) Failure by the Borrower to observe and perform any covenant, condition or agreement other than a failure under (a), on its part to be observed or performed under this Loan Agreement, for a period of thirty (30) days after notice of the failure, unless the Council, the Bond Insurer and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Council, the Bond Insurer or the Trustee, but cannot be cured within the applicable 30 -day period, the Council, the Bond Insurer and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the failure is corrected; (d) Any warranty, representation or other statement by the Borrower or by an officer or agent of the Borrower contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement, is false or misleading in any material respect when made; (e) A petition is filed against the Borrower under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution. or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 60 days of such filing; (f) The Borrower files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; 25 (g) The Borrower admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Borrower or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; (h) Default under any agreement to which Borrower is a party evidencing, securing or otherwise respecting any indebtedness of the Borrower outstanding in the amount of $100,000 or more if, as a result thereof, such indebtedness may be declared immediately due and payable or other remedies may be exercised with respect thereto; (i) Any material provision of this Loan Agreement shall at any time for any reason cease to be valid and binding on the Borrower, or shall be declared to be null and void, or the validity or enforceability of this Loan Agreement shall be contested by the Borrower, or if the Borrower shall deny any further liability or obligation under this Loan Agreement; (j) Final judgment for the payment of money in the amount of $250,000 or more is rendered against Borrower, the payment of which would materially adversely affect the Borrower's ability to meet its obligations hereunder (it being agreed that, if insurance or adequate reserves are available to make such payment, such judgment would not materially affect the Borrower's ability to meet its obligations hereunder) and at any time after 90 days from the entry thereof, unless otherwise provided in the final judgment, (i) such judgment shall not have been discharged, or (ii) Borrower shall not have taken and be diligently prosecuting an appeal therefrom or from the order, decree or process upon which or pursuant to which such judgment shall have been granted or entered, and have caused the execution of or levy under such judgment, order, decree or process of the enforcement thereof to have been stayed pending determination of such appeal, provided that such execution and levy would materially adversely affect the Borrower's ability to meet its obligations hereunder; or (iii) Borrower is not obligated with respect to such judgment pursuant to the provisions of Chapter 768, Florida Statutes or other applicable law. SECTION 8.02. Notice of Default. The Borrower agrees to give the Trustee, the Bond Insurer and the Council prompt written notice if any petition, assignment, appointment or possession referred to in Section 8.01(e), 8.01(f) and 8.01(g) is filed by or against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default, or with the passage of time or the giving of notice would constitute an Event of Default, immediately upon becoming aware of the existence thereof. SECTION 8.03. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Council or the Trustee shall, with the written consent of the Bond Insurer or upon the direction of the Bond Insurer, in addition to any other remedies herein or by law provided, have the right, at its or their option 26 without any further demand or notice, to take such steps and exercise such remedies as provided in Section 9.02 of the Indenture, and, without limitation, one or more of the following: (a) Declare all Loan Repayments, in an amount equal to 100% of the principal amount thereof plus all accrued interest thereon to the date on which such Loan Repayments shall be used to redeem Bonds pursuant to Section 3.02 of the Indenture and all other amounts due hereunder, to be immediately due and payable, and upon notice to the Borrower the same shall become immediately due and payable by the Borrower without further notice or demand. (b) Take whatever other action at law or in equity which may appear necessary or desirable to collect amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. SECTION 8.04. [Reserved]. SECTION 8.05. No Remedy Exclusive; Waiver, Notice. No remedy herein conferred upon or reserved to the Council or the Trustee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Council or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required in this Article VIII. SECTION 8.06. Application of Moneys. Any moneys collected by the Council or the Trustee pursuant to Section 8.03 hereof shall be applied (a) first, to pay any attorney's fees or other expenses owed by Borrower pursuant to Section 5.03(b)(3) and (4) hereof, (b) second, to pay interest due on the Loan, (c) third, to pay principal due on the Loan, (d) fourth, to pay any other amounts due hereunder, and (e) fifth, to pay interest and principal on the Loan and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in (a) through (d) in this Section 8.06). 27 ARTICLE IX MISCELLANEOUS SECTION 9.01. Notices. All notices, certificates or other communication hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Council: Florida Municipal Loan Council c/o Florida League of Cities 301 South Bronough Street Tallahassee, Florida 32301 Bond Insurer: [TO COME] Trustee: [TO COME] Borrower: City of Florida Attention: City Manager with a copy to: Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. SECTION 9.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the Council and the Borrower and their respective successors and assigns. SECTION 9.03. Severability. In the event any provision of the Loan Agreement shall beheld invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 9.04. Amendments, Changes and Modifications. This Loan Agreement may be amended by the Council and the Borrower as provided in the Indenture; provided, however, that no such amendment shall be effective unless it shall have been consented to in writing by the Bond Insurer. r: SECTION 9.05. Execution in Counterparts. This Loan Agreement may be simultaneously executed in several counterparts, each of which, when so executed and delivered, shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.06. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 9.07. Benefit of Bondholders, Compliance with Indenture. This Loan Agreement is executed in part to induce the purchase by others of the Bonds. Accordingly, all covenants, agreements and representations on the part of the Borrower and the Council, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the holders from time to time of the Bonds. The Borrower covenants and agrees to do all things within its power in order to comply with and to enable the Council to comply with all requirements and to fulfill and to enable the Council to fulfill all covenants of the Indenture. The Borrower also acknowledges that the Council has delegated certain of its duties under the Indenture to its Program Administrator, including the direction to make investments in accordance with Article VII thereof, including but not limited to the investment of the Borrower's Project Loan Fund. SECTION 9.08. Consents and Approvals. Whenever the written consent or approval of the Council shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Representative of the Council or such other additional persons provided by law or by rules, regulations or resolutions of the Council. SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower. No recourse shall be had for the payment of the principal of or premium or interest hereunder or for any claim based thereon or upon any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future official officer, member, counsel, employee, director or agent, as such, of the Council or the Borrower, either directly or through the Council or the Borrower, or respectively, any successor public or private corporation thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, counsels, employees, directors or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 9.10. Captions. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections of this Loan Agreement. SECTION 9.11. No Pecuniary Liability of Council. No provision, covenant or agreement contained in this Loan Agreement, or any obligation herein imposed upon the Council, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision or municipal corporation of the State or any public corporation or 29 governmental agency existing under the laws thereof other than the Council. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Council has not obligated itself except with respect to the application of the revenues, income and all other property as derived herefrom, as hereinabove provided. SECTION 9.12. Payments Due on Holidays. With the exception of Basic Payments, if the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than on a Business Day, such payments may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement. SECTION 9.13. Calculations. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. SECTION 9.14. Time of Payment. Any Loan Repayment or other payment hereunder which is received by the Trustee or Council after 2:00 p.m. (New York time) on any day shall be deemed received on the following Business Day. [Remainder of page intentionally left blank] 30 IN WITNESS WHEREOF, the Florida Municipal Loan Council has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers and the City of , Florida, has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attached by its duly authorized officers. All of the above occurred as of the date first above written. FLORIDA MUNICIPAL LOAN COUNCIL (SEAL) By: Name: Title: Chairman ATTEST: By: Name: Michael Sittig Title: Executive Director [SIGNATURE PAGES CONTINUED ON NEXT PAGE] S -1 LOAN AGREEMENT (SEAL) ATTESTED BY: By: Name: Title: City Clerk Approved as to form and correctness this , day of , 2006. By: Name: Title: City Attorney j: \wdox \docs\ clients \4118 \16 \agrmnt \00073801.doc S-2 CITY OF . FLORIDA By: Name: Title: Mayor DESCRIPTION OF PROJECT TO BE ACQUIRED OR CONSTRUCTED PROTECT Exhibit A -1 TOTAL AMOUNT TO BE FINANCED EXHIBIT B CERTIFIED ORDINANCE OF THE BORROWER See Document No. Exhibit B -1 EXHIBIT C OPINION OF BORROWER'S COUNSEL [Letterhead of Counsel to Borrower] Florida Municipal Loan Council c/o Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida 32301 Bryant Miller Olive One Tampa City Center 201 North Franklin Street, Suite 2700 Tampa, Florida 33602 [INSURER] Gentlemen: , 2006 [TRUSTEE] Banc of America Securities LLC 1640 Gulf -to -Bay Boulevard Clearwater, Florida 33755 I am counsel to the City of Florida (the "Borrower "), and have been requested by the Borrower to give this opinion in connection with the loan by the Florida Municipal Loan Council (the "Council ") to the Borrower of funds to finance or refinance or reimburse the Borrower for all or a portion of the cost of a certain Project (the "Project ") as defined in, and as described in Exhibit A of, the Loan Agreement, dated as of 1, 2006 (the "Loan Agreement "), between the Council and the Borrower. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including applicable laws, and ordinances adopted by the City Commission of the Borrower, the Loan Agreement, a Trust Indenture dated as of 1, 2006 (the "Indenture ") between the Council and ' as trustee (the "Trustee ") and Ordinance Nos. and each enacted by the Borrower on , 2006 (collectively, the "Ordinance "). Based on such review, and such other considerations of law and fact as we believe to be relevant, we are of the opinion that: (a) The Borrower is a municipality duly organized and validly existing under the Constitution and laws of the State of Florida and under the provisions of the Constitution and laws of the State of Florida. The Borrower has the legal right and all requisite power and Exhibit C -1 authority to enter into the Loan Agreement, to pledge the Franchise Fees, to enact the Ordinance and to consummate the transactions contemplated thereby and otherwise to carry on its activities and own its property. (b) The Borrower has duly authorized, executed and delivered the Ordinance, the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement, and such instruments are legal and binding obligations of the Borrower enforceable against the Borrower in accordance with its terms, except to the extent that the enforceability hereof may be subject to bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights heretofore or hereafter enacted and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity, and to the sovereign police powers of the State of Florida and the constitutional powers of the United States of America. (c) The execution and delivery of the Ordinance, the Continuing Disclosure Agreement, the Bond Purchase Contract and the Loan Agreement, the consummation of the transactions contemplated thereby, the purchase or construction of the Project or the reimbursement for costs of the acquisition or construction thereof or the refinancing of the indebtedness to be refinanced with the proceeds of the loan and the fulfillment of or compliance with the terms and conditions of the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement does not and will not conflict with or result in a material breach of or default under any of the terms, conditions or provisions of any agreement, contract or other instrument, or law, ordinance, regulation, or judicial or other governmental order, to which the Borrower is now a party or it or its properties is otherwise subject or bound, and the Borrower is not otherwise in violation of any of the foregoing in a manner material to the transactions contemplated by the Loan Agreement. (d) Other than as disclosed in the Official Statement, there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or, to the best of our knowledge, threatened by governmental authorities or to which the Borrower is a party or of which any property of the Borrower is subject, which has not been described in the Official Statement relating to the Bonds or otherwise disclosed in writing to the Council and the Bond Insurer and which, if determined adversely to the Borrower, would individually or in the aggregate materially and adversely affect the validity or the enforceability of the Loan Agreement, the Bond Purchase Contract or the Continuing Disclosure Agreement. I am an admitted to practice law only in the State of Florida and express no opinion as to the laws of any other state and further express no opinion as to (i) the status of interest on the Bonds under either Federal laws or the laws of the State of Florida, or (ii) economic or financial matters described in the Official Statement relating to the Borrower. Very truly yours, Exhibit C -2 EXHIBIT D DEBT SERVICE SCHEDULE Principal Interest Date Amounts Rate Interest Total [TO COME] Exhibit D -1 TO: AS TRUSTEE FROM: CITY OF , FLORIDA (THE "BORROWER') SUBJECT: LOAN AGREEMENT DATED AS OF THE DAY OF 2006 This represents Requisition Certificate No. _ in the total amount of $ for payment of those Costs of the Project detailed in the schedule attached. The undersigned does certify that: 1. All of the expenditures for which monies are requested hereby represent proper Costs of the Project, have not been included in a previous Requisition Certificate and have been properly recorded on the Borrower's books as currently due and owing. 2. The monies requested thereby are not greater than those necessary to meet obligations due and payable or to reimburse the Borrower for funds actually advanced for Costs of the Project. The monies requested do not include retention or other monies not yet due or earned under construction contracts. 3. This requisition is in compliance with Section 5.03 of the Indenture. 4. After payment of monies hereby requested, to the knowledge of the undersigned, there will remain available to the Borrower sufficient funds to complete the Project substantially in accordance with the plans. 5. The Borrower is not in default under the Loan Agreement and nothing has occurred that would prevent the performance of its obligations under the Loan Agreement. Executed this day of CITY OF , FLORIDA By: _ Name: Title: Exhibit E -1 RE: FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006A - LOAN . TO THE CITY OF SOUTH MIAMI, FLORIDA Please provide the following information: 1. The Federal ID number for the City of South Miami. 2. How many IRS 8038's have been prepared on behalf of the City of South Miami this year? 3. Will your Mayor or Finance Director sign the IRS form 8038? 4. Verify the full names as used for execution of documents of your Mayor, Finance Director and City Clerk. 5. Has your City Attorney reviewed the form of the opinion attached as Exhibit "C" to the Loan Agreement which he will render at closing? South Miami blAnd AII-A MINCRY 1 . �Nc EQ CITY OF SOUTH MIAMI 1111. ' s27 P OFFICE OF THE CITY MANAGER �oxto INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Managertirector From: Sanford A. Youkilis, Acting Planning fP_ ( J � Date: October 17, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. The attached designation report describes the significance of the property (p. 7). The Historic Preservation Board at its August 28, 2006 meeting reviewed the Designation Report, conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 25, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5850 Sunset Drive be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -25 -06 Designation Report Excerpt Historic Preservation Board Minutes 8 -28 -06 Excerpt Planning Board Minutes 9 -25 -06 Mail Notice to applicant Public notices SAY P: \Comm Items \2006 \10 -17 -06 \5850 Sunset HP -OV CM report.doc 1 2 ORDINANCE NO. 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP 6 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE 7 D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS 8 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY 9 ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Application No. PB -06 -.026 was submitted to the Planning Department by the 14 Historic Preservation Board , said application requesting to amend the official zoning map of the City of 15 South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property 16 identified as 5850 Sunset Drive.; said property is legally described as Lot 16, W.A. Larkins Subdivision, 17 as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade County, Florida; and, 18 19 WHEREAS, the Historic Preservation Board at its August 28, 2006 meeting reviewed the 20 Designation Report for 5850 Sunset Drive and recommended that the proposed site be designated historic; 21 and, 22 23 WHEREAS, the proposed historic designation and rezoning is consistent with the goals and 24 policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and, 25 26 WHEREAS, on September 25, 2006, after public hearing regarding the application of the HP 27 OV zoning to 5850 Sunset Drive Avenue, the Planning Board recommended approval by a vote of 7 aye 28 and 0 nay, and, 29 - 30 WHEREAS, the City Commission desires to accept the recommendations of the Historic 31 Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 37 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property 38 identified as the D.J. Red Building located at 5850 Sunset Drive said property legally described as Lot 39 16, W.A. Larkins Subdivision, as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade 40 County, Florida. 41 42 Section 2 . That the Designation Report for the building at 5850 Sunset Drive as prepared by the 43 South Miami Planning Department is identified as Attachment "A" and is attached to and made part of 44 this ordinance. 45 46 Section 3. The Design Review Guidelines set forth in the Designation Report for the building at 47 5850 Sunset Drive and the provisions contained in the Land Development Code pertaining to review of I building permits, certificates of appropriateness, and demolition are applicable to the property at 5850 2 Sunset Drive. 3' 4 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 5 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 6 the remaining portions of this ordinance. 7 8 Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 9 are hereby repealed. 10 11 Section 6. This ordinance shall be effective immediately after the adoption hereof. 12 13 PASSED AND ADOPTED this day of October, 2006 14 15 16 17 ATTEST: APPROVED: 18 19 20 21 CITY CLERK MAYOR 22 23 1St Reading — 24 2"a Reading — 25 COMMISSION VOTE: 26 READ AND APPROVED AS TO FORM: Mayor Feliu: 27 Vice Mayor Wiscombe : 28 Commissioner Palmer: 29 Commissioner: Birts: 30 Luis R. Figueredo, Commissioner Beckman: 31 Nagin Gallop & Figueredo, P.A., 32 Office of City Attorney 33 34 35 36 37 Attachments 38 Attachment "A" Designation Report for 5837 Sunset Drive 39 40 41 42 43 44 45 46 47 P: \Comm Items\2006 \10- 17- 06\PB -06 -026 HP -OV J D Red Build Prop Ord..doc South Miami AN- AmedcaCity .� INCORPORATED 1927 R V9 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: September 25, 2006 Planning Board Members From: Don O'Donniley RE: LDC Map Amendment -HP -OV Planning Director (Historic Designation) 5850 Sunset Dr. PB -06 -026 Applicant City of South Miami Location: 5850 Sunset Dr. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its August 28, 2006 meeting reviewed an historic designation report for the a commercial building located at 5850 Sunset Drive. Following a public hearing, the Board adopted a motion recommending that this building be'designated an historic site. APPLICABLE REGULATIONS The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)) "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation LDC HP -OV Rezoning September 25, 2006 (2) Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off- street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 5850 Sunset Drive The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small - group of early leaders The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its August 28, 2006 meeting by a vote of 5 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp•5, 6,7) STAFF OBSERVATIONS (1) The D.J.Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building " g d g will require special approval m the form of a certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 25, 2006 (3) (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, Hometown District Overlay) zoning district. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5850 SW Sunset Drive be approved. Attachments: Designation Report Public notices DOD /SAYEI P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \9- 25- 06\PB -06 -026 5850 Sunset HP -OV Report.doc 6900 7001 SW 71ST ST 0 $o Ip0 Eft'• 6022 •�. ��I. 5951, 7410 y 7440 � 7500 City of South Miami HP -06 -004 Designation of Property as an Historic Site 5850 Sunset Drive 5950 LO �. J r:' 5907 = 6845.. J�` uj \, '�.�V f 6a. +O .. 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LO 5890 N .5800 0 ' CO I---- V58 „ 5730 I 7450 1' "1540 7515 7500 7505 7500 752 ' 1 T 0 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information .................. ............................... 4 Statement of Significance .......... ............................... 5 History...................................... ............................... 5 Contextual History ..................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines .......... ............................... 9 Bibliography .......................... ............................... 10 Photographs .......................... ............................... 11 City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 3 1. GENERAL INFORMATION Historic Name: The D.J. Red Building 126 Sunset Drive Current Name: 5850 Sunset Drive Location: North Half of the Northeast Quarter of the Northeast Quarter of Section 36, Township 54 South, Range 40 East Present Owner: Androulakis Korres, Inc. 6335 SW 116th Street Miami, Florida 33156 -4813 Present Use: Commercial- Mixed Use Zoning District: Commercial- Medium Intensity Tax Folio Number 09- 4036 - 022 -0120 Boundary Description Lot 16 , W.A. Larkins Subdivision, as recorded in Plat Book 3, Page 198 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 4 IL SIGNIFICANCE Specific Dates: Original Construction: c. 1923 Rear Addition: mid -1940s Retail area Subdivided: 1948 Restaurant equipment installed: 1962 Restaurant Remodeling: 1984 Restaurant Remodeling: 1995 Original Architect: Unknown Original Builder/ Contractor: Unknown Statement of Significance The building at 5850 Sunset Drive is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small group of early leaders. History The Plat for the W.A. Larkins Subdivision was recorded on June 28, 1915, making it among the first of nine recorded subdivisions in South Miami. This subdivision consisted of almost eight square blocks stretching from S.W. 59th Avenue (Pear) on the west; to S.W. 57th Avenue (Banana) on the east; and from Sunset Drive (County Road) on the north, to S.W. 74th Street (Pine) on the south. The subject property is located on southwest corner of Sunset Drive and S.W. 58th Court (County Road and Mango Street). The Miami -Dade County Property Appraiser's office lists the building's construction date as 1923. While not always correct,.the county's records in this case are deemed to be accurate to within a few years. Not only was the plat filed in 1915, but a photograph dated c. 1925 illustrates the building in the background. That photograph is located in the Paul Tevis' manuscript of South Miami's History, and while the quality of the copy is not the best, the building is clearly a part of the photograph. The first definitive evidence about the building occurs in September 1940. City Directories indicate that Mrs. Sudie Red lived at this address, until as late as 1944. An interior permit for remodeling dated 23 September 1940, also lists Mrs. Sudie Red as the owner. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 5 The Red family moved to the Town of Larkins from Oklahoma after the construction of the Florida East Coast Railroad, around 1914. They settled on the outskirts of town, where Red Road crosses Snapper Creek, built a home and began growing tomatoes. The Reds had two sons," Jesse and Ray, and one daughter, Josephine. An older daughter remained in Oklahoma. The 1930 census lists D.J., wife Sudie, and son Jesse all as residents of South Miami. D.J. Red was elected to the South Miami City Council on April 23, 1931 and served until August 15, 1932 when he resigned to become City Clerk. Mr. Red served as City Clerk until March 3, '1936 when he was replaced by Mrs. Sylva Martin who had been Assistant City Clerk since March 1931. After Mr. and Mrs. D.J. Red died, their son Jess Red inherited the property, he added a rear addition fronting onto`S.W. 58th Court that, was leased to various automobile, paint and body shops through the 1950's. (There is no surviving building record for this addition). In 1948, the ground floor retail area fronting onto Sunset Drive was divided into three storefronts, and given separate street addresses. Mr. Red made other improvements to the property before selling it to Mr. George Andrews who installed a restaurant kitchen in the westernmost of the storefronts in 1962 for the Waffle Shop. Other retail operations occupied the other two storefronts until 1984 when the entire ground floor was remodeled for JJ's American Diner. The entire facility was again remodeled in 1995 for the current restaurant operator. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixfy -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 6 including the Methodist Church and the Riviera Theater (demolished.) By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933, the City's population increased to 1,500 residents,- but the corporate limits of the city were reduced to an area of approximately four square miles. III. ARCHITECTURAL DISTINCTION The style of this two story rectangular building constructed c.1923 is best described as Mediterranean Revival, an eclectic design based on prototypes from Spanish, Italian and Moorish architecture. The design was hugely popular during the 1920s Real Estate Boom, and came to characterize the region. The designs often featured irregular plans, courtyards, flat roofs or combinations of roof slopes in residential construction, and ornament concentrated around doors and windows. The principal roofing material was a clay or terra cotta barrel tile. The D.J. Red Building was designed for a ground floor retail operation with living quarters on the second floor, and continues to function in this fashion. The building is similar to the design of the Dorn- Martin drugstore located just west of this site at 5900 Sunset Drive, constructed c. 1925. Like the Dorn- Martin Drugstore, the building is constructed of masonry, with large expanses of stucco wall area. The embellishment of the Dorn - Martin Drugstore is concentrated on the curvilinear parapet that is flanked by a single row of the coping. 1n the D.J. Red Building, the parapet rises in the center forming a triangular pediment, which is flanked on either side by tile coping. The elevations terminate on either end with the parapet rising to the height of the pediment's peak, in a straight line. The windows are replacements, probably dating to the 1984 remodeling. There is no record of the original appearance of the ground floor. Aerial photographs from the 1940's indicate - that there were doors and windows fronting S.W. 58'" Court but the scale and quality of the photograph do not give a clear picture. The rear addition had a bow- shaped roof terminated in a rounded masonry gable with a single garage door flanked by windows. The exterior masonry staircase on the west side is the only original ground floor architectural element. Alterations During the mid 1940's a one -story addition to house an automotive shop was built on the south side. This addition was combined with the ground floor of the main building during the 1980's into a single space that housed a restaurant, and was then subsequently divided for two separate restaurants. The ground floor City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 7 retail space was divided into three stores in 1948 and restaurant equipment was installed in the westernmost of these bays in 1962 for the Waffle House Restaurant. Since that date, there has been a restaurant business in continuous operation at this location. The 1984 and 1995 alterations changed the ground floor openings and added a corner `entry. The bow - shaped roof of the rear addition was leveled to accommodate roof- mounted equipment with the east gable squared off and the distribution and shape of openings in that elevation completely altered. Despite these changes, the second floor openings, the parapet, and west exterior staircase remain close to the original. While the ground floor openings of the main building have been changed, the remaining wall portions still have the original stucco finish and the ornamental light fixtures along S.W. 58th Court, which maintain the style and spirit of the 1920's. Eligibility for Designation The proposed designation of the building at 5850 Sunset Drive, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards (a) Districts, sites, structures a.nd objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history, and: (c) Are associated with the lives of persons significant in our past, and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the building at 5850 Sunset Drive is recommended for local historic designation. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 8 Desian Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the building at 5850 Sunset Drive the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards (1979) as may be amended. Specific: • Two story height • Parapet wall that peaks in the center with a pediment flanked on either side by a single row of coping, on the east and north elevations. • Prominent masonry sills below the windows of the second floor, east and north elevations • Rectangular stucco ornamental frame in relief, immediately below the parapet on the north elevation. • Exterior masonry staircase on west elevation. • Regularly- spaced rectangular window openings on the second floor of the north and east elevations. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami City Directory, R.L. Polk and Company, Publishers 1941, 1942 and 1944 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables; Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Taylor, Jean. Villages of South Dade.(St. Petersburg: Byron Kennedy and Company) 1985 ? Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 10 PHOTOGRAPHS Figure 2 View of North West Corner City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 11 Figure 3 View of West Side City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 12 Figure 4 View of South West Side with Rear Addition City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 13 CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, August 28, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. IL Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Mr. Ruiz de Castilla, Mr. Kurtzman and Ms. Shelley. Board members absent: Mr. Cooke - Yarborough and Ms. Dison. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearing on Historic Designations (a) HPB -06 -007: 5850 Sunset Drive (D.J. Red Building) (continuation from 7 /31/06) Staff informed the Board that at the meeting of July 31, 2006 the consultant presented the designation report to the Board. At that meeting staff and Board agreed to carry over the item in order to allow the owners of the building enough time to prepare any type of response in regards to the designation. Ms. Anderson, one of the owners of the building clarified that if the property were designated the property would be entitled to the tax exemption for exterior improvements that contribute to maintaining the property historic. Staff explained that the 10 year moratorium would be applicable to exterior improvements and the advantage of the tax exemption is that the owner would be taxed at the pre- improvement level /value. Staff also indicated that with the property being designated the building would be exempt from parking requirements. The applicant was pleased to hear the information regarding parking requirements and indicated her approval of the designation. Motion: Mr. Ruiz de Castilla motioned for approval to designate historical the property at 5850 Sunset Drive. Mr. Kurtzman seconded the motion. Vote: Approved 5 Opposed 0 SOUT A, 0 INCORPORATED 1927 C+ O S2 x V CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 25, 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff, Ms. Yates and Mr. Farfan. Board members absent: None City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). V. Planning Board Applications / Public Hearing PB -06 -026 Applicant: City of South Miami Location: 5850 Sunset Drive AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL STRUCTURE LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Planning Board Meeting September 25, 2006 Page 2 of 3 Action: Staff explained that the Historic Preservation Board at its August 28, 2006 meeting reviewed the historic designation report for the commercial building located at 5850 Sunset Drive. ` Following a 'public hearing, _ the Board adopted a motion recommending that this building be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In this case, the "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The historic designation of a commercial building at 5850 'Sunset Drive is part of series of downtown buildings recommended for designation by the Historic Preservation Board. As stated in the designation report, Mr. O'Donniley noted that the building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s. Additionally, it is associated with a community that was just beginning to develop D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. At this point, Mr. O'Donniley provided the following staff observations: (1) The D.J. Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD- OV Specialty Retail, Hometown District Overlay ) zoning district. Recommendation Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building located at 5850 Sunset Drive be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item, Planning Board Meeting September 25, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied the Ms. Mary Anderson (owner of the building) was not present; however, Ms. Anderson supported the historic designation. Motion: Ms. Yates moved to recommend approval of the designation report. Ms. Lahiff seconded the motion. Vote: Approved 7 Opposed 0 K:\PB\PB Minutes\2006 Minutes\PB MINS 9- 25- 06.doc t South Miami PJ14wedca CRY r f ,f { -r 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 6, 2006 CERTIFIED MAIL Ms. Mary Anderson Androualakis Korros, Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. Dear Ms. Anderson: This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively. scheduled for the November 7, 2006 City Commission meeting. i Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub- section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663- 6325. i Sincerely yours, I S ford Y ilis, AICP Acting Planning Director SAY P: \Comm Items \2006 \10- 17- 06\Applicant's Notice 5850 Sunset.doc 20 -5.17 Designation of historic sites. (A) ReportRequired. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of the Historic - Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation j of a formal designation report by one. of the members of the board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. I I (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except -that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OW Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall 'determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement. The City Commission shall hold a public hearing, ' n 20 -5.5 G and notice requirements of pursuant to the provisions set forth in Section ( ) q subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2- 26.10 RELATING TO THE PARKING AND COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami created section 2 -26.10 of the City of South Miami code relating to the creation of a parking committee; and, WHEREAS, the Mayor and City Commission desire to make the parking committee into a parking board, which board shall be an advisory board; and, WHEREAS, The City Commission recognizes its duty to provide sound oversight for parking related issues in the City of South Miami; and, WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff, in providing said oversight, and; WHEREAS, therefore, the mayor and City Commission desire to create a permanent parking board to consider parking related issues within the City of South Miami. NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1 The City of South Miami Code of Ordinances Section 2 -26.10 entitled "Parking Committee," is amended to read as follows: Sec. 2- 26.10. Parking board. evirnimiee. (a) Created. There is hereby created a parking eemmiffee board for the city. Said eew"A#ee board shall consist of seven members. . The seven private eitizeas members shall include two commercial landowners, two business owners and /or merchants, and three residents of the city. (b) Appointment and terms of members. Board members Membefs of said 4-tee-shall be appointed by the mayor with the advise and consent of the city commission to two -year terms or until their successor is appointed. Additions shown by underlining and deletions shown by ever-strik-ing. I (c) Chair, vice - chair, and staff. The members shall elect the chair and vice -chair of 2 the eon nittee board. The city manager or designee shall serve as the executive 3 secretary to this eentee board. 4 5 (d) Quorum. A quorum shall be four members and an affirmative vote of a majority 6 of the members present shall be required to pass upon any matter the epee 7 board recommends. 8 9 (e) Duties. Parking in the city must be developed and managed both as an element 10 of infrastructure critical to enhancing the city's tax base through economic 11 success of the city, and as an important amenity enhancing and protecting the 12 quality of life within the city. To that end, the duties of the board shall be as 13 follows: 14 (1) Meet at least once every three months. 15 (2) To provide oversight of the supply, convenience, safety, and 16 management of parking. 17 (3) The eetee board shall report to the city commission no less than 18 annually on the state of parking in the city and shall from time to 19 time make recommendations to the city commission for the changes 20 in the parking system, for the fees paid into the parking 21 infrastructure trust fund, and for the allocation of trust fund monies. 22 (4) The board shall function as an advisory board to the city commission. 23 24 (f) Previous ordinance. This ordinance shall supersede and replace section 20- 25 7.6(A) of the land development code, "Home -town District Parking Committee." The 26 former hometown district parking committee is hereby replaced by the parking 27 eewmWee board created by this section. 28 29 30 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 31 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 32 shall not affect the validity of the remaining portions of this ordinance. 33 34 Section 3. This ordinance shall be effective immediately after the adoption hereof. 35 36 Page 2 of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading 2 "d Reading READ AND APPROVED AS TO FORM: 19 Luis R. Figueredo, 20 Office of City Attorney, 21 Nagin Gallop & Figueredo, P.A. day of , 2006 Page 3 of 3 ' ' atim I MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: W _ Na )- � ° z OS W o o z �v U U- o p a w o Uz I �w O �WU } pWOpr i Z u�Oi N 0o� a ¢ oZN FU U Q Q >a o L��az� fg i O f-W O ❑ U NN NJ L U W00 z - ?Uw0 g� < o li J.Ej > ❑ Z N �W >- W U Z F- W W ❑d• 2 U LL) o J aW a a a s O Jm a' z U' V. 3d La. Q 0Wo r N U wj?OWO W �..�ar w QOr }}zz N JSJ N a' ZQU�Z 3 U' 2 ti L) < Sb ❑r w oo -> >c� o o zNr N JNa to Z 2 r Z L' F r,X QNpZ a U Z ZWp�XW L Q z N ? 0 v� W 2 0 J 0 z� cr - � H N W U �b `a Ld W - XXO°�ao ¢ r OMa J LLJ �wOJQ c g r ram ❑. p �NrZ� O w W a tr.WaQ f� 5 CA ¢UQ O W 0zar =QwX 0 p Ewa r wZN ir W Q r03 U L�OUK 00 ¢ L, N W J NJ¢ J w w UOOW ❑dam w p�o:�0 LLJ . 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