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02-18-03 (2)1. Approval of Minutes Regular Meeting 1/21/03 2. City Manager', s Report A. Report on financial obligations facing the City in FY 2003 -04 Budget B. Report and recommendation on adjustments to FY 2002 -03 Budget (revised). C. Status report on traffic calming projects/ bond funds update. D. Report and recommendation on conditions in the vicinity of Fellowship House. E. Communication from Holland and Knight, attorneys for Mark Richman, claiming default by City on development project. F. Report on City Manager Search process and qualification criteria. G. Report from the Budget and Finance Committee. 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE ,MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES' FOR GREENBERG TRAURIG,P.A, IN THE AMOUNT OF $1,442.90; CHARGING >$1,442.90 TO ACCOUNT NO.1500 -514 3450; OTHER CONTRACTUAL SERVICES; PROVIDNG AN EFFECTIVE DATE. 3/5 (City' Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $13,042.14; CHARGING $350.50 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY /FORECLOSURE; CHARGING $8,042.14 TO ACCOUNT NO. 1500`- 514 -3416, LEGAL SERVICES, NON - RETAINER; CHARGING $2,432.50 TO ACCOUNT NO. 001 -0000- 132 -2040, 13RD STREET PARKING GARAGE LOAN; CHARGING $9.100 TO ACCOUNT NO. 608 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURES AND CHARGING' $2,208.00 TO ACCOUNT NO 1500 -514 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE 3/5 (City' Attorney) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MARCIE CHAEL TO THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 18,,`2005< OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALFIED. 3/5 (Mayor Feliu) REGULAR CITY COMMISSION 2 AGENDA February 18, 2003 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS- AND COMMITTEES; APPOINTING ELEANOR HARRIS TO THE COMMISSION FOR SENIOR CITIZENS BOARD, FOR A TWO YEAR TERM ENDING FEBRUARY 18 2005 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALFIED. 3/5 (Mayor Feliu) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SANDY PAGE TO THE COMMISSION FOR WOMEN, FOR A TWO YEAR TERM ENDING FEBRUARY 18, 2005 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALFIED. 3/5 (Mayor Feliu) ORDINANCE (S) SECOND READING` PUBLIC HEARING (S) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION `2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS PROVIDING FOR SEVERABILITY', ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe /Mayor`Feliu) RESOLUTION (S)/PUBLIC HEARING (S) There are none RESOLUTION (S) 10. A RESOLUTION OF THE -MAYOR AND CITY COMMISSION OF THE CITY` OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 2002 -2003 FISCAL, YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY` MANAGER= TO TRANSFER UNENCUMBERED APPROPRIATION BALANCE BETWEEN EXPENDITURE ACCOUNTS WITHIN THE DEPARTMENTS AS SET FORTH IN THE ATTACHED' ITEMIZED LIST PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER AS OF THE END OF THE FIRST QUARTER OF THE BUDGET YEAR ENDED SEPTEMBER 30, 2003; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS, AND TO ALLOCATE $90,000 RECEIVED FROM THE SOUTH MIAMI HEALTH FACILITY AUTHORITY TO VARIOUS 'ACCOUNTS NEEDED TO ACCOMPLISH THE REINSTATEMENT OF WEEKLY TRASH PICKUP PROGRAM RECENTLY APPROVED BY THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE 3/5 (City Manager) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE REGULAR CITY COMMISSION AGENDA February 18, 2003 3 Sw _ CITY OF 'SOUTH MIAMI, FLORIDA, SETTING FORTH A POLICY ON FUNDING SPECIAL EVENTS AND COSTS ASSOCIATED -WITH SPECIAL EVENTS; AND; PROVIDING AN EFFECTIVE DATE.-3/5 (Mayor Feliu) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SCHOOL BOARD OF MIAMI -DADE COUNTY; SUPPORTING THE CONTINUATION OF THE CARL D. PERKINS ART APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Bethel) 13. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF- ,THE -CITY OF SOUTH MIAMI, FLORIDA, ENTERING INTO AN INTERLOCAL "AGREEMENT ON PUBLIC SCHOOL FACILITY PLANNING IN MIAMI- DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5' ('City Manager)! 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING. TO CLAIMS'; REINSTATING DARBY WAGNER TO FULL DUTY AS A POLICE OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE ARBITRATION AWARD INCLUDING AUTHORIZING PAYMENT OF -BACK PAY WAGES, AUTHORIZING RETROACTIVE SENIORITY WAGE' INCREASES, AND ALL OTHER BENEFITS; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT: WITH DEVELOPMENT AND COMMfJ14I =CATION GROUP OF FLORIDAr INC. FOR SUNSET DRIVE ROADWAY & DRAINAGE; IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $100,893.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001- 0000- 132- 2060; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIiZING THE CITY MANAGER TO HIRE FOUR NEW POSITIONS FOR THE PURPOSE OF STAFFING THE MULTI- PURPOSE CENTER; PROVIDING AN EFFECTIVE DATE 3/5 City Manager)' ORDINANCE (S) FIRST READING (S) REGULAR CITY COMMISSION 4 AGENDA - February 18, 2003 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANIMAL /FOWL,• CREATING `A NEW ARTICLE III SECTION 5 OF THE CODE OF ORDINANCES ENTITLED "CATS ", LIMITING THE NUMBER OF CATS PER HOUSEHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 18 AN ORDINANCE OF 'THE'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING ARTICLE' III, SECTION 15 -91,` OF THE CODE OF ORDINANCES AND CHANGING THE HOURS OF CONSTRUCTION NOISE, PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) - 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." 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•_MLETING 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 CONSTITUTES 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 5 AGENDA - February 18, 2003 1 City of South Miami 2 Regular City Commission Minutes 3 January 21, 2003 DRAFT 4 5 CALL TO ORDER: 6 7 The ;City Commission of the City of South Miami, Florida, met 8 in regular session on Tuesday, January 21, 2003, beginning at 9 8:24 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 Mary Scott Russell- and 14 Commissioners David D Bethel, Randy G. Wiscombe and.Dan McCrea. 15 16 Also in attendance were :_ Acting City Manager Sanford A. 17 Youkilis, City Attorney Earl G. Gallop and City Clerk Ronetta 18 Taylor. 19 20 B. Invocation: 21 Commissioner Bethel delivered the Invocation. 22 23 C. Pledge of Allegiance: 24 The Pledge of Allegiance was recited in unison, 25 26 D. Presentation(s) (7 :00 p.m.) 27 1. Presentation of the plans for the City Hall and Police 28 Station complex by the University of Miami Architecture students 29 as part of their class project 30 31 Professor Jan Hoschstim along with students, Alfonso 32 Langone, Alissa Escobar, Benjamin Pennington, Christian Moreno, 33 Francisco Alvarado, Gracie Dillon, Kelly Stewart, Mayra- 34 Verdezoto, William 0. Solms and Mikhail Webster' presented various' 35 architectural versions of a South Miami Civic Center. 36 37 'ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 38 39 1. Approval of Minutes Regular Meeting 12/17/02 4 -0 Special Meeting 12/17/02 41 42 Moved by Vice Mayor Russell, seconded by Commissioner McCrea 43 to approve both sets of minutes, as presented. 44 45 There, being no discussion the motion passed by a 5 -0 vote. 46 47 Commissioner Wiscombe Yea 48 Vice Mayor Russell: Yea 49 Commissioner McCrea Yea 50 Commissioner Bethel: Yea REGULAR CITY COMMISSION 1 MINUTES- January 21, 2003 4 1 Mayor 'Feliu: Yea 2 3 2. City Manager's Report' 4 A) Request of the Homestead Miami Motor Speedway to use and 5 close a portion of Sunset Dr. (5800 block) for a family oriented 6 event displaying;NASCAR racing vehicles, on Thursday, Feb. 27, 7 2003, 10:00 AM 11.00 PM. The City Commission approved this 8 event with the following conditions: 1) Get a consensus from the 9 downtown merchants because this event will take place after the 10 Arts Festival; 2) promoter to be mindful of the residential area 11 adjacent to downtown; 3) Promoter to pay an impact fee; 4) 12 Promoter to provide for security and cleanup expenses 13 14 B) Report on initiation of comprehensive mid -year budget review: 15 A report will be brought back at the next City Commission 16 meeting. 17 18 C) Annual City of South Miami Flood Hazard Flyer. The flyer was 19 approved; by unanimous consent of the City Commission. 20 21 D) Report on Alternatives for funding & Implementation of the 22 Downtown Infrastructure Improvements. A workshop `,was scheduled 23 for Wednesday, February 12, 2003 beginning at 6:00 p.m. 24 25 E) Report on program and funding for South Miami participation 26 in Dade Days, April 2 -3, 2003. The City Commission decided not 27 to participate in co- sponsoring the `Dade Days Luncheon. The 28 City Clerk's office will handle the travel arrangements and 29 registration for this event. The Commission members along with 30 the Acting City Manager, the Public Works Director and the 31 Public Information Officer will be journeying to Tallahassee on 3`2 Tuesday, ` April lst instead of Wednesday, April 2 "'. 33 34 F) Report on responses to RFP for a city manager search 35 consultant and scheduling of presentations before the City 36 Comuissi.on. The City Commission decided that the three firms 37 selected would be provided an opportunity to make a presentation 38 before the entire Commission. A workshop to hear all three 39 presentations was scheduled for Tuesday, February 4, 2003, 40 beginning at' 6:30 p.m. 41 42 G) Resolution No. 168 -02- 11517, adopted by the City Commission, 43 November 2002 encouraging support for the 25 miles an hour speed 44 limit in Miami -Dade County. This item has been taken care of by 45 administration. Copies have been provided to applicable 46 parties. 47 48 H) Clarification of Resolution No.197 -02- 11546, adopted on 49 Dec.17, 2002, pertaining to professional legislative (lobbying) 50 services for FY 2002- 2003; also adoption of resolution to cover 51 certain parts of the Tallahassee' ' lobbying services rendered in REGULAR', CITY COMMISSION 2 MINUTES'- Jinuary 21, 2003 « , 7 "717"7771- 1 FY 2001 -2002. Administration will provide a report at the 2 February 4, 2003 City Commission meeting. Commissioner Wiscombe ,3 requested the following items be provided: a) copies of 4 correspondence between Administration and Mr. Book; b) a 5 breakdown of all expenditures from 1998; c) an accounting of-how 6 much money has been paid to Mr. Vierra by Mr. Book and the work 7 involved. 8 9 1) Budget and Finance Committee Chairperson's Report - Cathy 10 McCann. A preliminary report from the Budget and Finance 11 Committee would be provided to the City Commission in the middle 12 of March 103. The Committee is recommending the following: 1) 13 Implement FY 2002-03 budget as approved; 2) Adopt a resolution 14 requiring account balance on expenditure items; -3) Respect the 15 pay plan; 4) Begin the process for a five year Capital 16 Improvement Plan.; and 5) The Committee voted "no" on a 17 resolution sponsored by Commissioner McCrea to hire an outside 18 financial. consultant to work with the Budget Committee. The 19 Committee also recommended that administration start immediately 20 to work.on next fiscal year's budget in terms of generating new 21 revenue sources. 22 23 Acting City Manager.Youkilis advised that administration is 24 working cohesively with the Budget and Finance Committee to 25 ensure all that is being requested by the Committee is provided. 26 In addition measurers have been taken to make certain that the 27 Sunshine law, is adhered to (e.g. when two or more -Committee 28 members met with administration a public notice will be posted 29 by the City Clerk). 30 31 Items For The City Manager 32 33 Vice Mayor Russell asked that a resolution mandating that 34 account balances be apart of the : authorizing expenditure 35 resolution be brought back to the Commission for its 36 consideration. 37 38 3. City Attorney's Report 39 40 Attorney Gallop addressed Item No. 10 on tonight's agenda 41 regarding an ordinance transferring jurisdiction of certain 42 streets to Miami-Dade County. The ordinance has been revised to 43 include the designated streets to be assigned to Miami-Dade 44 County. The provision for entering into an Interlocal Agreement 45 has been deleted.. He suggested that Item No. 11 relating to the 46 hiring of a firm to assist with the Special Assessment District 47 for the downtown area be tabled or 'deferred. He further 48 Provided comments on Item No. 15, which recognized Domestic 49 Partnerships as it relates to the Employees' Insurance Benefit 50 Program. This subject matter has been, addressed in litigation 51 and upheld. 52 REGULAR CITY COMMISSION 3 MINUTES- January 21, 2003 5 1 A) Retirement buy back obligation under city manager contract. 2 There is concern expressed concerning the amount of the 3 pension buyback provision, as well as whether the subject 4 matter (buyback) was affected by the resignation of the City 5 Manager.' An article that appeared in Sunday's edition of the 6 Miami Herald Neighbor's section questioned whether the buyback 7 provision was legal. 8 9 Attorney Gallop ,opined that the pension buyback is legal 10 and enforceable He referenced Mr. Scurr's employment contract 11 and indicated that this agreement was approved by resolution 12 approximately one year after a resolution was approved by' the 13 City Commission, naming Charles Scurr to be the permanent City 14 Manager. That resolution also contained a provision in it that 15 Scurr would be given credit for time served in local 16 governments. That resolution was then brought forward a year 17 later into a' written' employment agreement between Mr. Scurr and 18 the City, which' provided for salary as well as benefits, 19 Paragraph two, page two of the agreement, begins with "The City 20 Shall" and paragraph' two -five incorporates the language from 21 the resolution adopted a'year earlier addressing the issue of 22 credited time served in other governmental entities and making 23 annual contributions to the system. Mr: 0shikoya had had a 24 concern 'about the issue of who wouldbe responsible for paying 25 the pension buyback, at that point former Mayor Robaina wrote a 26 memorandum clarifying the intent of the City Commission, which 27 makes the buyback the financial responsibility of the City. 28 29 Attorney Gallop said that he did not know who made the 30 decision not to pay the buyback as a lump sum, but rather to 31 pay the amount over a period of five years. He opined that the 32 City has the authority to agree to a buyback provision in an 33 employment contract. He further opined that the pension 34 buyback is one of the most significant provisions in this 3,5 agreement. 36 37 Attorney Gallop referenced a letter written by Mr. 38 Sugerman, the Attorney for the City's Pension Plan. In the 39 letter, Mr. Sugerman states that the Pension Plan did not 40 provide for a pension buyback provision. Mr. Sugerman's 41 conclusion is that the City could not pay for a pension buyback 42 for :Mr. Scum unless the Pension Plan was amended to recognize 43 that. He opined the absence of an amendment to the Pension 44 Plan does not prohibit credit for time served at other 45 government entities. 46 47 Attorney Gallop said that Mr. Scurr's resignation did not 48 affect the City's obligation to pay off the balance of the 49 buyback provision. That obligation is not determined by the 50 tenure of the City Manager. 51 52 Commissioner Wiscomb "e referenced the memorandum written by 53 former Mayor' Robaina and said that he found it interesting that REGULAR CITY COMMISSION 4 MINUTES- January 21 2003 1 Mayor Robaina spoke on behalf of the entire Commission and 2 copied the City Manager and not the Commission. The.letter Mr. 3 Sugerman wrote indicated that the City' s Pension Plan does not .4 allow for the buyback for other governmental employment. 8 Whether the pension plan is amended to allow for the pension 6 buyback is up to the Commission. 8 commissioner Wiscombeindicated an accelerated buyback plan 9 is not provided for any other employee of this City. He 10 conveyed that he had some very serious concerns about the 11 legality of the pension buyback. He questioned the timeframe 12 imposed for the buyback and who gave the authorization do that. 13 14 Attorney Gallop said that buyback provisions are not 15 unusual at all for a City Manager's contract, He shared that 16 he's placed a call to the City's Pension administrator asking 17 whether the Pension Plan could be amended in such a way as to 18 provide an opportunity for buyback for the restricted class as 19 well as the City Manager and Assistant City Manager and after a 20 certain period of time, close that opportunity. 21 22 Commissioner Wiscombe said that held like to have Attorney 23 $ugerman present to discuss this issue. 24 25 Vice Mayor Russell said the issue is the payment into the 26 pension fund and not what moneys would be taken from the 27 pension fund. She asked for a total balance as to the amount 28 needed to be paid into the system in order to fulfill the 29 City's obligation to the contract. 30 31 Mr. Oshikoya said the. projected amount would uld be 'the 32 difference between $135,000 and the $89,000 already paid into 33 the system., . He said that his department would be verifying Mr. 34 SQu rr's employment and salary with previous employers and bring 35 this -information back to the Commission at the next City 36 commission meeting. If the City continues with the present 37 buyback schedule for five years, the amount would be $168,000. 38 39 B)" Offc!r.. Benefield v. City arbitration-request- for attorney- 40 client meeting. This item was.postponed. 41 42 C) Gary Matzner v. City federal civil rights < litigation 43 request for attorney-client meeting. This item was postponed. 44 45 items for the City Attorney 46 47 Vice Mayor Russell indicated that a number of birds in her 48 neighborhood have been found dead. She expressed concern 49 because the City had tested positive back in September 2002 for 50 the West Nile Virus. She said that she had alerted Code 51 Enforcement about this. The health department has been 52 contacted and the City is currently awaiting a confirmation. She REGULAR CITY COMMISSION 5 MINUTES- January 21, 2003 J 1 further cautioned her neighbors and asked that they remove any 2 mosquito breeding environment,from their property. 4 Commissioner McCrea expressed concern with the legal 5 expenses for the 73 rd Street Garage project. He asked perhaps the 6 Commission would like to remedy some of those legal expenses by 7 giving-the attorney some direction to move expeditiously toward 8 a resolution with Mr. Richman. 10 Attorney Gallop said that every effort will be made to come 11 to an amicable conclusion. 13 Please note, Attorney Gallop left the meeting at this time. 15 PUBLIC REMARKS 17 The following individuals were afforded an opportunity for 18 comments.: 1) Mr. David Tucker, Sr. 2) Craig Sharer; and 3) 15 Vince Me'nditto. 21 CONSENTAGENDA 23 RESOLUTION NO. 10-03-11559 24 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF . SOUTH MIAMI, FLORIDA AUTHORIZING THE SOUTH 26 MIAMI POLICE DEPARTMENT TO ENTER INTO A MEMORANDUM OF 27 UNDERSTANDING WITH THE UNITED STATES SECRET SERVICE; 28 PROVIDING AN EFFECTIVE:DATE. 3/5 29 (City Manager) 31 R9SOLUTION:NO.,11-03-11560 32 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 33 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 34 MANAGER TO ENTER INTO A TWO YEAR LEASE AND MAINTENANCE 35 CONTRACT FOR.TWO POLICE MOTORCYCLES WITH FT.*LAUDERDALE 36 HARLEY�DAVIDSON, DISBURSEMENT OF THE FUNDS FROM ACCOUNT 37 NUMBER 1910-521-4450 (P:URCHASE/LEASE POLICE VEHICLES). 38 (City Manager) 3/5 40 RESOLUTION NO. 12-03-11561 41 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 42 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 43 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 44 FIGUEREDO, P.A. IN THE AMOUNT OF $8,112.80; CHARGING 45 $1,218.00 TO ACCOUNT NO. 150-0-514-3435, REAL 46 PROPERTY/FORECLOSURE; CHARGING $3,857.30 To, ACCOUNT NO. 47 15020-514-3410, LEGAL SERVICES, NON-RETAINER; CHARGING 48 $21465-00 TO ACCOUNT NO. 001-0000-132-2040, 73m STREET 49 PARKING GARAGE LOAN; CHARGING $30.00 TO ACCOUNT NO. 50 608-1,910-52�1-3100, PROFESSIONAL SERVICES, FORFEITURES; REGULAR CITY COW.tSSION 6 MINUTES- January 21, 2003 1 AND CHARGING $542.50 TO ACCOUNT NO. 1500- 514.- 3452, CODE 2 ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5 3 (City Attorney) 4 5 RESOLUTION NO. 13 -03- 11562 6 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 7 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 8 ACCEPTANCE OF THE FY 2005 COMMUNITY DEVELOPMENT BLOCK 9 GRANT;(CDBG) FOR THE MURRAY PARK COMMUNITY 'POOL DESIGN 10 IN THE 'AMOUNT OF $20,000; AUTHORIZING THE CITY MANAGER 11 TO EXECUTE APPLICABLE' CONTRACTS AND DOCUMENTS; AND 12 PROVIDING FOR AN EFFECTIVE DATE. 3/5 13 (City' Manager) 14 15 Moved by Commissioner McCrea, seconded by Commissioner 16 Wiscombe to approve the Consent Agenda. 17 18 There, being no discussion the motion passed by a 4 -0 vote. 19 20 Commissioner Wiscombe Yea 21 Vice Mayor Russell: out of room 22 Commissioner McCrea: Yea 23 Commissioner Bethel: Yea 24 Mayor'Feliu: Yea 25 26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 27 28 8_. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA RELATING TO CODE 30 ENFORCEMENT PROCEDURES;; AMENDING SECTION 2 -25 (L) OF 31 CHAPTER 2'THE CODE OF ORDINANCES ENTITLED "SCHEDULE OF 32 FINES "; PROVIDING:' FOR SEVERABILITY, ORDINANCES IN 33 CONFLICT, AND AN EFFECTIVE DATE`. 3/5 34 (City. Manager) 35 36 Moved by Commissioner McCrea, seconded by Commissioner 37 Bethel to approve this item: 38 39 Acting City Manager Youkilis explained that this was an 40 item that was addressed during the budget process but was never 41 implemented. 42 43 Mayor Feliu opened the floor for the public hearing. 44 45 Cathy McCann appeared before the City Commission in 46 opposition to this ordinance. She urged that the Commission 47 address the Code Enforcement waiver of liens process before 48 imposing more fines, 49 REGULAR CITY COMMISSION 7 MINUTES- January 21, 2003 l Dick Ward appeared before the City Commission to express 2 his views about the Code Enforcement Board's action of waiving 3 over $100,000 in fines and liens over the past four months. 4 5 Discussion was entertained in regard to utilizing a Special 6 Master as opposed to the Code Enforcement Board'. Staff was 7 directed to bring back information on the Special Master System 8 as to whether it would be feasible to utilize such a system. 9 10 At the conclusion of this discussion, it was moved by 11` Commissioner Wiscombe,_ seconded by Commissioner Bethel to table 12' this item The Motion to table passed by a 5 -0 vote. 13 14 Vice Mayor Russell: Yea 15 Commissioner McCrea: Yea 16 Commissioner Bethel: Yea 17 Commissioner Wiscombe: Yea 18 Mayor Feliu:' Yea 19 20' 9 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH- MIAMI, FLORIDA, RELATING TO BOARDS AND 22 COMMITTEES: BY AMENDING SEC. 2 -26.8 (a) OF THE CODE OF 23 ORDINANCES, ENTITLED "BUDGET AND FINANCE COMMITTEE "; IN 24, ORDER TO ALLOW FOR TWO ADDITIONAL' MEMBERS TO BE 25 APPOINTED; PROVIDING FOR SEVERABILITY ;' PROVIDING FOR 26 ORDINANCES IN CONFLICT; AND PROVIDING FOR AN'EFFECTIVE 27 DATE. 3/5 2$ (Mayor Feliu) 29 30 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 31 table;thi's item, 32 33 Mayor Feliu.shared' - that after speaking with several members 34 of the Budget and Finance Committee, and from those discussions 35 have concluded that to add the additional members would hinder 36 the process 37 38 Moved by Mayor Feliu, seconded by Commissioner Wiscombe to 39 table this item. 4,0 41 There, being no further discussion the motion passed by a 42 4 -1 vote. 43 44 Commissioner Wiscombe: Yea 45 Vice Mayor Russell: Nay 46 Commissioner McCrea: Yea 47 Commissioner Bethel: Yea 48 Mayor Feliu Yea 49 50 ORDINANCE NO. 01 -03 -1785 51 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION` OF THE 52 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREETS; REGULAR CITY COMMISSION 8 MINUTES- January 21, 2003 1 APPROVING THE TRANSFER JURISDICTION OVER CERTAIN 2 STREETS TO MIAMI -DADE COUNTY; PROVIDING FOR 3 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE` 4 DATE 3/5 5 (City Attorney): 6 7 Moved by Vice Mayor Russell, seconded by Mayor Feliu to 8 adopt this item. g 10 Mr. Balogun explained that there were some right -of -ways 11 within the City that were not taken out during the dis 12 annexation process several years past. 13 14 Mayor Feliu opened the floor for the public hearing. There 15 being no interested parties to speak "on behalf of this item p p , 16 the public hearing was closed. 17 18 At the conclusion of the discussion the motion passed by a 19 5 -0 vote. 20 21 Commissioner Wiscombe: Yea 22 Vice Mayor Russell Yea 23 Commissioner McCrea: Yea 24 Commissioner Bethel: Yea 25 Mayor Feliu': Yea 26 27 RESOLUTION W /PUBLIC HEARING (S) 28 There were none 29 30 RESOLUTION (S) 31 32 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 33 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL 34 ASSESSMENTS; AUTHORIZING CITY ATTORNEY TO HIRE BRYANT) 35 MILLER & OLIVE, P.A AND ENNEAD, LLC. PROVIDING AN 36 EFFECTIVE DATE. (Deferred from 1 /7/03) 3/5 37 (City Attorney) 38 39 Moved by Vice Mayor Russell, seconded by Commissioner 40 Wiscombe to defer this item.. 41 - 42 There, being no discussion the motion to defer , passed by a 43 5 -0 vote. 44 Commissioner Wiscombe: Yea 45 Vice Mayor Russell: Yea 46 Commissioner McCrea: Yea 47 Commissioner Bethel: Yea 48 Mayor Feliu Yea 49 50 51 REGULAR CITY COMMISSION 9 MINUTES January 21,, 2003 1 RESOLUTION NO. 14 -03 -11563 '2 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA,; RELATING TO AUTHORIZING 4 THE CITY MANAGER TO EXECUTE AGREEMENT WITH WILLIAMS 5 PAVING CO., INC. FOR PERMANENT TRAFFIC CIRCLES /CALMING - 6 COCOPLUM TERRACE NEIGHBORHOOD 'CONSTRUCTION AT AN AMOUNT 7 OF $245,7,34.00 TO BE CHARGED TO TRAFFIC CIRCLE BOND' 8 ACCOUNT NO. 001 -0000- 132 -2052 AND LOCAL OPTION GAS TRUST 9 ACCOUNT NO. 112- 1730 -.541- 4640; PROVIDING FOR AN 10 EFFECTIVE DATE 3/5- 11 (City Manager) 12 13 Moved by Vice Mayor Russell, seconded by Commissioner 14 Wiscombe to approve this item. 15 16 Mr. Balogun indicated that this was the lowest responsible 17 bidder for this project. Local Option Gags Tax would be used to do 18 the resurfacing portion of this project. 19 20 Commissioner McCrea expressed concern with not having enough 21 funds remaining to address traffic calming projects in other 22 areas of the City.' 23 24 Mr. Balogun shared that the City has a five -yeas Capital 25 Improvement Plan in place. This particular improvement project, 26 which had a funding mechanism in place, is one aspect of the 27 Capital Improvement Plan being addressed. 28 29 At the conclusion of this discussion the motion passed by a 30 passed, by ;a 5 -0 vote. 31 32 Commissioner Wiscombe: Yea 33 Vice Mayor Russell: Yea 34 Commissioner McCrea: Yea 35 Commissioner Bethel: Yea 36 Mayor Feliu.: Yea 37 38 RESOLUTION NO. 15 -03- 11564 39 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 40 CITY OF SOUTH MIAMI, FLORIDA DECLARING THAT IT IS THE 41 POLICY OF THE CITY TO ALLOW "DOMESTIC PARTNERSHIP" 42 COVE -RAGE ELIGIBILITY AS PART: OF THE CITY'S HEALTH 43 INSURANCE AND BENEFITS PROGRAM[ WHICH IS PROVIDED TO ALL 44 FULL TIME EMPLOYEES; PROVIDING AN EFFECTIVE DATE. 3/5 4 <5 (Commis inner McCrea) 46 47 Moved by Vice Mayor Russell, seconded by Commissioner 48 Wiscombe to approve this item. 49 50 Commissioner McCrea shared his underlying principle for 51 sponsoring this item. REGULAR CITY COMMISSION 10 MINUTES January 21, 2003 1 2 Mrs. Navarro, the City's Human Resource Manager said there 3 is no additional cost to the City for this provision because the 4 employee pays for the family plan. The definition of a Domestic' 5 Partner is "not related by blood; share a domestic partnership 6 with the other person; has been in a committed domestic' 7 partnership for the past six months; a belief. to sharer the 8 common necessities of life; responsible for each other's 9 welfare." 10 11` At the conclusion of this discussion, the motion passed by a', 12 5 -0 vote 13 Commissioner Wiscomb,e: Yea 14 Vice Mayor Russell: Yea 15 Commissioner McCrea: Yea 16 Commissioner Bethel Yea 17 Mayor Feliu: Yea 1s 19 ORDINANCE (S) F1 READING (S) 20 There were none 21 22 COMMISSION REMARKS 23 24 Each Commission member was afforded an opportunity for 25 comments, 26 27 There, being no further business to come before this Body, 3 28 the meeting adjourned at 12 :27 a.m. 29 30 31 Approved 32 33 Attest: 34 35 Horace G. Feliu 36 Mayor 37 Ronetta Taylor, CMC 38 City .Clerk 39 40 REGULAR CITY COMMISSION 1 1 MINUTES- January 21, 2003 it .a''`m-F'."F';rP?' ^'° i OIA FINANCIAL OBLIGATIONS FACING THE .CITY IN THE 2093/04 FISCAL YEAR BUDGET Prepared by Finance Director Hakeem Oshi va February 14 2003 ��,.?"" . r--- •n -,�T' :i ^,',;'�"..s{ yv �°�a�m „r.� �+: �-(K^ � "��' :� ..,.m, 1 v:, �a , ,�.. ;�+�- r°-rc'�i�,.*,'''•,�r F , a`�zi"�r $,, FINANCIAL OBLIGATIONS FACING THE CITY IN THE 2003/04 FISCAL YEAR BUDGET (some obligations may occurin 2002(03 fiscal year) Non recurring revenue being used in the current year's budget : 240,000 2001 /02 budget deficit- necessary to maintain $1,200,000 reserve 127,000 Three unfunded Communication Officer positions in the current budget 115,838 Three Communication Officers positions being paid at Higher rate than budgeted this year 5,214 Two positions (Captain & Comm Offcr.) in the Police Department being paid at higher rate than budgeted 20,183 Non recurring escrow funds used in current budget for advertisements 1 40,000 Non recurring escrow funds used in current budget to pay Liability Insurance premium 50,000 Nonrecurring escrow funds used in current budget fro, replacement of computer 10,000 Full year funding of Recreation staff for Multi- purpose building 85,000 Cost of replacing Police Vehicles and Equipment LEASE PURCHASE' 302,760 12 POLICE CARS @$590 /MTH 84960, 25680 EQUIPMENT FOR 12 CARS 182400 182400 5 POLICE DETECTIVE CARS 35400 107000 Refurbishment of police surveillance ban 30,000 RIOT GEAR HATCH PROTECTIVE GEAR 15219 40,032 RIOT BATON/HOLDER 4971 GAS MASKS 19842 Cost of replacing Public Works Vehicles LEASE PURCHASE 74,370 GARBAGE TRUCK 278891 114000 TRASH TRUCK 16880 00 CRANE " 20794 85000' F-1 50 PICK-UP TRUCK 8807 36000 the above are estimates using old proposals obtained by the department using 5.8% APR over a 5 year lease period. EQUIPMENT MAINTENANCE 14,000 DIAGNOSTIC SCANNER 3,200 TIRE MACHINE 4,200 AIR COMPRESSOR 3,600 SHOP MANUAL 1,000 ' BUILDING MAINTENANCE CARPET CLEANING MACHINE 2,000 Cost of replacing Parks and Recreation Vehicles Repayment of the $6.5 million parking garage loan 265,405 2000/01 and 2001/02 Pension Contribution Deficit 130;000 Possible payment for settlement of former City Manager's pension - depending on when 55,000 Possible payment for settlement of former Police Officer Lisea Merrick's settlement 21,215 Under - funded amount of waste disposal fee 20,000 Pro -rated cost of funding COPS grant officers 65,940 2% Cost of living increase for Police effective 10/03 including 3.5% for command staff 111,793 3.5% Cost of living increase for General Employees effective 10/03 140,068 FICA for cost of living' increase and other salary related cost 24,312 Possible settlement for NRA case 1 230,000 Cost of increase in health insurance 16 %to25 %, if low claims, higher if claims are higher 120,000 Cost of merit increases 80,057 TOTAL 2,418,187 some of the numbers indicated above are estimates which may increase or decrease depending on other intervening events. AVAILABLE NEW REVENUES FOR NEXT' FISCAL YEAR Possible increase in City property assessments from tax roll using 3 to 5 percent estimate of increase 237,125 Non recurring escrow funds received from South Miami Health Facilities Authority from the two bonds issued by the South Miami Hospital in 1995 and 1998 earmarked for acquisition of equipment for the new multi - purpose building. 254,688 TOTAL 1 491,813 ANALYSIS OF ATTACHED REPORT DETAILING FINANCIAL OBLIGATIONS OF THE CITY IN THE NEXT FISCAL YEAR $240,000 NONRECURRING REVENUE In the current fiscal year, we are using the amount of $240,000 commission received from the South Miami Health Facilities Authority, for assisting the South Miami Hospital to issue its new bonds, as part of the current fiscal year revenue. This is non- recurring revenue that will not be available for use in the next fiscal year. IN ORDER TO KEEP THE BUDGET AT THE SAME LEVEL AS THE CURRENT YEAR, AN ALTERNATE SOURCE OF FUNDING HAS TO BE FOUND FOR THIS AMOUNT. $127,000 BUDGET DEFICIT FROM2001 /02 FISCAL YEAR In the last fiscal year, the City had unrealized revenue of $193,314, and under - expended the budget by $66,594. This resulted in a deficit of $127,000 last fiscal year. At the time the budget for the current fiscal year was being prepared, the projection was for the City to end last fiscal year with $1,225,162 assuming that we collected the total amount of revenue projected and spend the same amount of expenditure budgeted. The fact that this projection did not materialize resulted in a reduction of our beginning 'cash reserve to $1,098,162. THERE IS A STANDING RESOLUTION OF THE CITY COMMISSION THAT REQUIRES OUR CASH RESERVE TO BE 10% OF THE BUDGET. IF NOTHING IS DONE TO RECOVER THE DEFICIT, THE CITY CASH RESERVE WILL REMAIN AT $1,098,162, WHICH IS LESS THAN THE $115,838 FOR THREE UNFUNDED COMMUNICATION OFFICER POSITIONS The current fiscal year's budget includes three unfunded communication officer positions within the police department. If these positions were to be filled and funded in the next fiscal year's budget, the addition to the budget is projected to be $115,838. IT SHOULD BE NOTED THAT IF THESE POSITIONS WERE NOT FILLED, THE POLICE DEPARTMENT WILL CONTINUE TO USE SWORN POLICE OFFICERS FOR THESE JOBS RESULTING IN PAYMENT OF OVERTIME. $5,214 FOR THREE COMMUNICATION OFFICERS BEING PAID AT A HIGHER RATE There are three Communication Officers presently being paid at higher rates than budgeted. The result of this is an additional unfunded amount of $5,214 to the current year's budget. IF THIS STAYS THROUGH NEXT FISCAL YEAR, IT WILL BE AN ADDITION TO THE BUDGET _SINCE WE WOULD HAVE TO PAY THEM FOR THE FULL YEAR. $40,000 NON RECURRING ESCROW FUNDS USED IN CURRENT FISCAL YEAR FOR ADVERTISEMENTS The City spends approximately $40,000 each year for different advertisements. Generally, this amount has always been part of the annual general fund budget. However, in this fiscal year, we are using the balance in non- recurring escrow account to pay for the expense. THIS AMOUNT WILL BE AN ADDITION TO NEXT YEAR'S BUDGET SINCE THE ESCROW BALANCE WILL HAVE BEEN DEPLETED. $50,000 NON RECURRING ESCROW FUNDS USED IN CURRENT FISCAL YEAR FOR LIABILITYINSURANCE Part of the funds to pay for the City liability insurance premium in this fiscal year is being taken from non- recurring escrow account. THIS AMOUNT WOULD HAVE TO BE FIRST MADE UP NEXT FISCAL YEAR AS ADDITION TO THE BUDGET BEFORE ACCOUNTING FOR EXPECTED INCREASE IN PREMIUM. $10,000 NON RECURRING ESCROW FUNDS USED IN THE CURRENT BUDGET FOR REPLACEMENT OF COMPUTER Funds for replacement of some City computer equipment in this fiscal year are scheduled to be taken out of escrow funds not expected to be available next fiscal year. IMPACT OF THIS ITEM IN THE NEXT YEAR'S BUDGET DEPENDS ON DECISION TO REPLACE OR NOT REPLACE MORE EQUIPMENT NEXT YEAR. $85,000 FULL YEAR FUNDING FOR MULTI- PURPOSE BUILDING RECREATION STAFF The City new multi- purpose building is scheduled to open this year. The current year's budget provides funding for staff positions of three Recreation Supervisors, one Recreation Superintendent, and two part time Recreation Leaders from July 1, the initial expected date of opening the building. Even though there' is partial funding in the current budget; next year's budget will reflect the full funding for these positions, which is estimated to be additional $85,000. $265,405 INSTALLMENT PAYMENT FOR $6.5 MILLION PARKING GARAGE LOAN In 2002, the City obtained a loan from the Florida Municipal Loan Council for the construction of a multi -use parking garage in the downtown area. The City has drawn $2,806,418 from the loan to pay for various items. The repayment amount for next year is $265,405, of which $163,512 is supposed: to be paid by Mr. Mark Richman. The payment for next year will be an addition to the budget. $130,000 FISCAL YEARS 2000 101 AND 2001102 PENSION FUND CONTRIBUTIONDEFICIT In December 2001, the City Administration received a letter from our Pension Actuary for a total city pension contribution of $477,816, if they were to issue annual valuation report for the plan year 2001. At the same time, we were informed of the City option to contribute the same amount as the previous year if no valuation report is issued for the year. The City opted to contribute the same amount as the previous year and not obtain a valuation report for the plan year. This amount was Tess than the requested contribution of $477,816 by about $100,000. However, the fact that we contributed a reduced amount did not relieve the City of the liability to pay the deficit, which we will be required to pay this year when the report is issued including additional contribution to cover the increase in payroll for the last fiscal year. It should be noted that the amount of $130,000 deficit is strictly a projection, which in all likelihood will be higher. Also, we do not have the option pf not obtaining the Valuation Report this year. $55,000 ESTIMATED SETTLEMENT PAYMENT FOR THE FORMER CITY MANAGER PENSION CONTRIBUTION If the City Commission decides to pay for the former City Manager's pension contribution and fully fund his plan immediately, it will cost about $55,000 to do, using the numbers received from our Pension Actuary. If the Commission decides to fully fund his plan over a period of time, it will cost a little higher than estimated, Depending on what is finally decided, the estimated minimum amount is $55,000, which will be an addition to the budget. $20,000 UNDERFUNDED AMOUNT OF WASTE DISPOSAL FEE IN THE CURRENT BUDGET The current year's budget reflects an amount for disposal fee that is less than average cost of disposal experienced in the last three fiscal years by about $20,000. To bring the budget in line for next fiscal year, it will require addition to this year's budget by this estimated amount. $65,940 PRORATED ADDITIONAL COST OF FUNDING COPS GRANT OFFICERS The City presently has four officers hired under the Cops Grant; 1. program, and three hired with the Cops Grant II funds. From January of this year, the City started fully paying for the four officers, and paying 75% of the wages and benefits of the remaining three officers from its budget. Next fiscal year, we will be responsible for 100 % of the cost of the four officers. From October to December, the City will pay 75% of cost of the three officers, and 100 % from January. The prorated cost estimate to have these officers on -board next fiscal year is $65,940. This will be addition to next year's budget. $111,793 2% COST OF LIVING INCREASE FOR POLICE OFFICERS INCLUDING 3.5% FOR COMMAND STAFFEFFECTIVE 10103 The current PBA contract provides for 2 % cost of living increase for all sworn police officers effective October 1, 2003. As in the past, I have used the percentage of cost of living increase for general employees in the coming fiscal year to determine how much they will be paid. The total cost is an addition to the budget next year. $140,068 3.5% COST OF LIVING INCREASE FOR GENERAL EMPLOYEES EFFECTIVE 10103 The City and AF'SCME (General Employees Union) entered into an agreement to pay general employees a cost of living increase of 3.5% effective 10/03. The cost of implementing the contract is an addition to next year's budget. $24,312 FICA TAX COST FOR THE COST OF THE LIVING INCREASES This is the social security tax for the cost of living increases scheduled for next fiscal year. $230,000 POSSIBLE SETTLEMENT FOR NRA CASE This is the amount the NRA is seeking in attorney's fees and costs plus pre- judgment interest for the successful prosecution of the case against the city to invalidate the gun lock ordinance. $120,000 COST OF INCREASE INHEALTHINSURANCE PREMIUM Our current contract with the health insurance provider (Neighborhood Health) provides for an increase in premium of between 16% o and 25% if we have low claims within the year, and higher percentage increase if we have high claims within the year. Based on this information, I have estimated an increase of 20% to be added to next year's budget. $80,097 COST OFMERIT INCREASES The City has a policy of awarding 5% merit increase to those employees that receive positive annual performance review and still within the pay range of their classifications. The cost of implementing this policy next year for those eligible employees is $80,057. The amount is an addition to next year's budget. SOU,,, CITY OF SOUTH MIAMI South Miami Al �. Ali-pmeicacft Excellence, Integrity, Inclusion INCORPORATED 1927 O R t'D 2001 TO: Honorable Mayor, Vice Mayor DATE: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City, Manage RE: REVISED Report On Proposed adjustments to FY 2002 -03 Budget BACKGROUND The City Administration at the Commission's February , 4, 2003 meeting presented a report recommending an adjustment to the current FY 20023 -03 Budget. This was necessary based upon a' finding that certain budget containment actions and revenue enhancements not being implemented and a first quarter budget status report indicating that the City's overall expenditures were running above' almost 4% above what was 'budgeted. The budget adjustments recommended would: (1) reduce City expenditures by $387,517; (2) reduce the overall budget by $120,987 (3) provide $121,167 for replenishing the City cash reserve account.(4) provide the necessary funds to meet certain obligations of F the City not accounted for when the budget was adopted. In addition, the Finance Director reviewed the revenue projections and made appropriate adjustments. CITY COMMISSION ACTION The Commission directed staff at its February 4, 2003 meeting to meet with the Police Benevolent I Association (PBA) in order to obtain their input on alternative methods to reduce expenditures within the Police Department in order to avoid possible staff reductions in that Department. The Police Chief and the City Manager I met with the PBA representatives. The PBA stated that they preferred to review the entire City budget before making specific recommendations. The PBA also submitted a'public records request for detailed budget records. SUMMARY OF MAJOR ADJUSTMENTS Listed below is a summary of the major adjustments made in order to balance the current budget and to realistically respond to City obligations heretofore not part of the budget. (1) Budget Totals: The adjusted budget for FY 2002 -03 will be $12,353,584.' This is one per cent below the previous adopted budget of $12,474,751.: By using the additional $90,000 recently received from the South Miami Health; Facilities Authority, the City's revenues will be running at the projected level of $12,474,751. In that only $12,353,584 is needed to balance the budget, the difference of $121,167 can be put back into the cash reserves in 'order to recover the deficit from last fiscal year and keep the reserves at the mandated $1.2 million. 2 Reductions in Ex enditures. The total reduction provided ovided b C1 Departments is 387 -517 �) p P y City _ p $ , equal to 3 % of the total budget. This includes reductions in Departmental operating expenses, reorganization resulting in savings, elimination of positions, and the extension of the merit" M .. ru-- ;.^'-�_ increase freeze to all employees. Attached to this report is summary by Department and division of the budget reductions taken. (3) Adjustments Due to Obligations: The above expenditure savings, however, must be reduced to meet certain mandates and new obligations not accounted for when the budget was adopted. These obligations are: (a) $90,000 needed to resume the weekly trash collection program; (b) $27,500 needed to hire an additional communications officer; (c) $125,289 needed to re- instate a dismissed, police officer, as a result of an arbitration decision.. The overall result of the expenditure reductions and the adjustments needed for obligations is a net budget reduction of $120,987 (4) Reorganization : A proposed Police Department reorganization will result in a savings of $24,871.A streamlining of the command structure will eliminate command positions of one Assistant Chief, and one captain. In each case a salary reduction is required resulting in reduced expenditures. (5) Reduction in Overtime: The Police Department's overtime budget can be reduced by $26,000 (10 %) by allowing for the hiring of one additional communications officer. Although this savings is offset by the need to transfer in additional funds, it is a good management practice which will free up police officers currently performing theses duties on overtime. (5) Position Elimination: The City's :overall number of positions will be decreased from 160.5 to 153.5 employees. This 'includes four unfounded positions in the Police Department and two funded and filled police officer positions (- $43;000) ). A part time social worker position from Parks and Recreation Department is also eliminated (- $9000) IMPACT OF BUDGET ADJUSTMENTS The Administration is confident that the budget reductions proposed will have minimal impact on the current level of service to residents. The reductions will result in contraction of certain activities normally provided by the City, as well as personal hardships on employees. In many situations job performance will be more difficult. The adjustments proposed and a continued close monitoring of expenditures and revenues at the end of each quarter will provide a balanced budget and financial stability by the end of the fiscal year. It is important to note that in the judaement of this Administrator, additional reductions in personnel" will directly reduce the quality and level of services provided to residents: RECOMMENDATION It is recom!:nended that the budget resolution shown on this agenda and as described in this report be adopted. The Commission may wish to consider using a portion of the proposed repayment to the cash reserves ($121,167) to pay for the two police officers for the remainder of this fiscal year. Attachments: Budget reductions by Department City Expenditure Summary/ City Revenue Summary SAY /HKO ear South Miami F or.:i d yy . `h CITY OF SOUTH MI I CITY AIANA GER'S OFFICE V., `+1y 2001 FY 2002- 2003 BUDGET REDUCTIONS BY DEPARTMENT City Attorney: $226,625 (- 6,346) Reduction in non- retainer legal services. City Clerk: $120,505 (- 2,850) * Elimination of travel and certification reimbursement. * Elimination of auto allowance; certain memberships. G * Eliminate minute's indexation and semi - annual codification. City Commission: $114,054 (4,700) * Reduce memberships; reduce purchase of keys /flowers. City Manager: Executive $280,874 (- 23,100) * Elimination of auto allowance, employee education. * Reduce supplies, memberships, salary reduction due to City Manager's a resignation. City Manager: Code Enforcement $210,024 (- 2,691) * Eliminate overtime pay City Manager: Intergovernmental $141,000 (- 3,948) * Reduction in travel expenses. Community Development: Building $305,001 (- 6,510) * Reduction in education, supplies, and memberships.' Community Development: Planning $358,400 (- 20,582) Reduce overtime, professional services, and contractual services. Finance Department: General Services $183,495 ( -658) * Reduction in travel, maintenance, and uniforms. Finance Department: Human Resources $193,216 (- 17,350) j * Reduction in employee training programs, maintenance, and severance pay. Finance Department: Information Systems $155,352 (- 6,690) * Reduction in training, equipment purchases/ lease, and supplies. j Finance Department: Administration $364,288 (- 1,146) Reduction in overtime, equipment maintenance. - Non- Department: $607,276 (44,618) Reduction in supplies, special events contribution, general contingency, and reserve for re- encumbrances. Police Department: $4,762,919 (- 86,161) (- 24,871) (43,000) Reduction in overtime, drug testing, contractual services, crime prevention, education/training, supplies, special investigations, and uniforms. Reduction in salaries due to command structure adjustment. Reduction in salaries by elimination of two police officer positions. Parks & Recreation: $1,330,919 (- 38,000) j * Reduction in landscaping; eliminates new plantings. * Eliminates City funding of July 4t Celebration: * Part -time social worker eliminated. * Reduction in tools, and supplies. Public Works Department: Director's Office $192,281 ( -0) Public Works Department: Building & Maintenance $437,672 (43,549) * Reduction in salary, elimination of two (2) vacant positions, reduces routine maintenance of City Buildings: a Public Works Department: Solid Waste $1,064,972 ( -0) j Public Works Department: Street Maintenance $156,849 (4,811) * Reduction in street repairs.> j Public Works Department: Equipment Maintenance $552,945 (- 5,444) Public Works Department: Engineering $210,404 1 E { 9 (- 3,492) i i291 WWR CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET A B C D E 1 2 AD VALOREM TAXES ADJUSTMENTS AMENDED 3 ADOPTED RECOMMENDED BUDGET 4 2002 -2003 2002 -2003 2002 - 2003 5 6 7 MILLAGE'RATE 6.373 6.373 6.373 8 9 VALUE OF ONE MILL (BASED ON 833,501 814,900 833,501 lol REAL & PERSONAL PROPERTIES) 11 121 LESS VALUE OF ONE MILL FOR 50 50,132 60,835) ! (50,132) 131 CRA INCREASE /DECREASE IN TAXABLE ASSESSMENT 141 1 15 VALUE OF ONE MILL (AFTER DEDUCTING 16 50% OF CRA INCREASED?ASSESSM 783,369 754,065 783,369 17 18 95% OF 1 !MILL (TO ALLOW FOR ' 744,201 716,362 744,201 19 DELETIONS & DELINQUENCIES); 20 21 AD VALOREM TAXES BASED ON 4,742,790 4,565,373 4,742,790 22 95% OF 1 MILL) 23 LESS SENIOR CITIZENS DISCOUNT 0 0 0 24 25 NET PROPERTY TAX COLLECTIONS 4,742,790 4,565,373 4,742,790 26 27 28 ADJUSTMENTS AMENDED 29 ACCT, NO. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED BUDGET` 30 2002 -2003 2002 -2003 2002 -2003' 31 32 1100' LEGISLATURE -CITY COMMISSION $114,054 ($1,700) $112;354 33 1200 CITY CLERK 120,505 (2,850) 117;655 34 1310 CITY MANAGER 280,874 211 2815:085 35 1315 INTERGOVERNMENTAL AFFAIRS 141,000 (3,948) 137;052 36 1320;1 OFFICE SERVICES 163,496 658) 1821 37 1330:i RESOURCES 193,216 17,350) 175;866 38 1340 MANAGEMENT INFORMATION SYST 155,352 (6,100) 1491!252 39 1410 FINANCE DEPARTMENT 364,288 (1,146) 363;,142 40 1426 NON- DEPARTMENT INSURANCE 505,500 0 505!,500 41 1500` CITY ATTORNEY 226,625 (6,346) 220,279 42 1610' BUILDING DIVISION 305,001 (6,510) 298,491 43 1620 PLANNING DIVISION 358,400 (20,202) 338,198 44 1640 CODE ENFORCEMENT 210,024 (2,691) 207,333 45 r PUBLIC WORKS 2,615,123 14,593 2,620,716 46 " 17101 -BLDG. MAINT' 437,672 (37,538) 400,134 47; 1720 -SOLID WASTE 1,064,972 59,912 1,124 884 48' 1730 STREET MAINT. 1561849 2,781) 154,068 49 1760 ' - EQUIPMENT MAINT 552,945 (3,000) 549,945 50 070 -OFFC OF DIRECTOR 192,281 j 0 192,281 51 190 ENGRNG,CONSTRCTN &STORMWT 210,404 (2,000) 208,404 52 1910 POLICE -LAW ENFORCEMENT 4,762,919 55,742 4,707,177 53:1 RECREATION 1,330,919 (38,000) 1,292,919 54' 2100 NON- DEPARTMENTAL EXPENSES 607,276 27,452 634,728 55' 56 ITOTAL EXPENDITURES $12,474,571 $120,987 $12,353,584 57 - 58 TOTAL PERSONNEL 160:50 -7.00 153.50 59 THIS PAGE IS1 PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET 1 t ,j Y III li E� A I B D ', E F i GENERAL FUND - 001 2 OBJECT CODE -0000` 3 REVENUE CODE - 03 4 5` 6 ADJUSTMENTS AMENDED 71 ACCT. ACCOUNT` CLASSIFICATION ADOPTED RECOMMENDED BUDGET 8 1 NO.'` 2002 -2003 2002 -2003 2002 -2003 91 1 101 11.10 -00 AD VALOREM TAXES $4,742,490 ($29,490) $4,713,000 11111.20-00 DELINQUENT TAXES 45,000 (5,000) 40,000 12111.21-00 1PENALTIES & INTEREST 50,000 (10,000) 40,000 13' 14 TOTAL AD VALOREM TAXES $4,837,490 ($44,490) $4,793,000 95 16 FRANCHISE TAXES' 17 :13.10 -00 ELECTRICITY $675,000 $25,000 $700,000' isl 13.20 -00 TELEPHONE 0 0 0 19 13.40 -00 GAS 18,000 0' 18,000' 20 13.50 -00 CABLE T V FRANCHISE 0 0 - 0' - 21 22 TOTAL FRANCHISE TAXES $693,000 $25,000 $718,000 23 24 UTILITY TAX 251 14.10 -00 ELECTRICITY $875,000 $15,000 $890,000 261 14.20 -00 JTELEPHONE 0 0 0' 271 14.30 -00 IWATER 110,000 (14,000) 96,000 281 14.40 -00 IGAS 29,000 (2,000) 291 1 30 TOTAL UTILITY TAXES $1,014,000 ($1,000) $1,013,000' 311 32 COMMUNICATION SERVICES TAX 33 15.00 -00 UNIFIED COMM SERVICES TA $675,000 $5,000 $680,000 34 35 TOTAL COMMUNICATION TAX $675,000 $5,000 $680,000 36,' 37' LICENSES & PERMITS 3s; 21.10 -00 OCCUPATIONAL LICENSE $325,000 ($10,000) $315,000 39( 21.20 -00 OCCUPATIONAL LICENSE -NE 45,000 (5,000) 40,000 40:! 21.30 -00 LOBBYIST REGISTRATION FE 5,000 (3,875 1,125 41, 22.10.00 BUILDING PERMITS 375,000 100,000 475,000 42' 29.10 -00 PENALTIES'ON OCC LICENSE 13,000 (1,000) 12,000 43' 44 TOTAL LICENSES '& PERMITS $763,000 $80,125 $843,125 45 - - - -- 46 STATE SHARED TAXES 47 35.10 -11 CIGARETTE TAX $0 -- $0 $0 48 '35.10 -12 REVENUE SHARING 292,982 0 292,982 49 '35.10 -15 BEVERAGE, LICENSE 15,000 ' 0 15,000 50; 35.10 -18 1/2 CENT SALES TAX 625,000 (10,000) 615,000 51! 135.49 -20 LOCAL OPTION GAS TAX 200,000 (4,000 ) 196,000 52; 53r TOTAL STATE SHARED TAXE $1,132,982 ($14,000) $1,118,982 54 THIS PAGE IS PRINT DON RECYCLED PAPER 55,' 1 t ,j Y III li E� v CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET A B D E F 56 -- 57 58 GENERAL FUND - 01 59 OBJECT CODE - 0000 ' 6o REVENUE CODE - 03 611 1 62 ADJUSTMENTS AMENDED' 63 ACCT. ACCOUNT CLASSIFICATION : ADOPTED RECOMMENDED BUDGET. 64 NO. 2002 -2003 2002 -2003 2002 -2003 65 ss COUNTY REVENUE 67 38.20 -00 SHARE OF CTY OCC. LICENSE $16,500 ($1,500) $15,000' 681 1 69 TOTAL COUNTY REVENUE $16,500 ($1,500) $15,000` 70 71 GENERAL CHARGES 72 41.20 -00 ZONING HEARING FEES $9,000 $0 $9,000' 73 41.30 -00 ENV REV &PRESV BR`.FEE 12,000 (2,000), 10,000' 74 41.40 -00 MICROFILM SALES, 3,500 (500) 3,000'' 75 41.90 -10 B & Z REINSPECTION FEES 9,000 (2,000) 7,000' 76 41.90 -30 CERT. OF USE/OCCUPANCY 45,000 (15,000) 30,000 77 41.90 -40 CODE ENFORCEMENT FINES 80,000 (25,000) 55,000' 78 791 TOTAL GENERAL CHARGES $158,500 ($44,500) $114,000 so s1 PUBLIC SAFETY 82 42.10 -10 POLICE SERVICES $50,000 $22,740j $72,740 83 42.10 -11 POLICE EXTRA DUTY 0 0 0 sa 85 TOTAL PUBLIC SAFETY $50,000 $22,740 $72,740 86 87 PHYSICAL CHARGES 88 43.41 -00 SOLID WASTE CHARGES $15,000 ($2,500) $12,500 19 43.41 -50 CNTY'SOLID WASTE SURCHG $0 $910 $910' 90 43.42 -00 HAULERS PERMIT FEES 170,000 30,000 200,000 91 92 TOTAL PHYSICAL CHARGES $185,000 $28,410' $213,410 93 94 PARKING SYSTEM 95 44.51 -00 PERMITS $45,000 $0 $45,000 96 44.52 -00 METER FRANCHISE FEES 1,134,180 {4,180) 1,130,000- 97 44.52 -10 VALET PARKING _ 14,000 . (1,000) 13,000 98 44.53 -00 VIOLATIONS, COLLECTIONS 500,000 0- 600,000 99 44.54 -00 PARKING METER CASH KEY 10,000 2,000 12,000 '100 : GROSS PARKING REVENUE $1,703,180 ($3,180) $1,700,000 102 less parking co►tractfee ($199,820) 0 (199,820) 103 104 NET PARKING REVENUE $1,503,360 ($3,180) $1,500,180 105 106 RECREATION FEES 107 47.26 -01 TENNIS MEMBERSHIPS -RES. $700' $0 $700 108 47.26 -10 TENNIS MEMBERSHIP -NON -R 9,000 0 9,000 log 47.26 -20 TENNIS COURT FEES 16,000 _ (12000) 15,000 110 47.26 -30 RECREATION FEES 25,000 0 25,000 111 112, TOTAL RECREATION FEES $50,700 ($1,000) $49,700 113 THIS PAGE IS PRINTED ON RECYCLED' PAPER r a� CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET A I B D E F 1141 1 115 116 GENERAL FUND,- 01 117 OBJECT CODE "- 0000 118 REVENUE CODE = 03 119 1201 ADJUSTMENTS AMENDED 121 ACCT. ACCOUNT CLASSIFICATION ` ADOPTED I RECOMMENDED BUDGET 122 NO. 2002- 2003 2002 -2003 2002- 2003 123 - 124 : FINES '& FORFEITURES 125 51.12 -00 METRO COURT FINES $225,000 ($354000) $190,000 126164.10-00 BURGLAR ALARM FINES 145,000 (105,000) 40,000 127154.10-50 BURGLAR ALARM REGISTRA 0 80,000 80,000 128 129 TOTAL FINES & FORFEITURE $370,000 ($60,000) $314,000 130 -- 131 RENTS & INTEREST 132 61.20 -00 INTEREST INCOME " $150,000 1 ($60,000) $90,000 133 62.20 -00 RENT- FASCELL PARK 25,000 (100000) 15,000 134 62.21 -00! INSPECTION STATION 24,000 300 24,300'` 135 62.30 -00 BUS BENCH ADS 91000 (2,000) 7,000 136 62.50 -00, RENT - C.A.A. 22,000 0 22,000' 137 62.75 -00 RENT'- SOUTH',MIAMI FIELD 16,000 800 16,800 13al 62.90 -00' RENT'S MIA -INT'L BASEBALL 3,000 41000 7,000 139 1401 TOTAL RENTS & INTEREST $249,000 ($66,900) $182,100 141 1421 1 SALES & REIMBURSEMENT 143''66.90 -00 HOSPITAL LANDSCAPE $30,000 $0 $,30,000 144 69.30 -00 REFUND PRIOR YR'S EXP. 0 17,500 17,500 145 146 69.45 -00 '69.50 -00 PROCEEDS OF HOSPITAL FIN REIMS.- WORKERS'COMP. 150,000 0 90,000" 10,000 240,000 101000 147 69.52 -00 REIMBSMNT - POLICE LABOR 0 300 300' 1481 69.54 -00 REIMBSMNT -PUB WORKS LA 0 7,495 7,495 149169.92-01 MISCELLANEOUS - OTHERS 1 75,000 (55,000)' 20,000, 15o 69.92 -20 GRANT ADMINISTRATN -REIM 75,000 5,000 80,000' 151 '69.92 -25 SUNSET DR MTCE -FDOT REIM 11,000 0' 11,000 152 81.15 -00 TRSFR FROM WATER & SEWE 250,000 0 250,0001 153 '81.17 -00 TRSFR FROM CRA TRUST FU 150,000 0 150,000. 154 _. 1551 1 TOTAL SALES & REIMB. ' $741,000 $75,295 $816,295' 156 157 158 -- - -- _ - - -. - - -- -- 159 TOTAL GEN. FD REVENUES $12,439,532 $0 $14439,532 160 161 CASH CARRYOVER 1,260,381 (127,000) 1,133,381 162 ° less' CONTINGENCY CASH RESERVE (1,225,162) 5,833 (1,219,329) 163 164 TOTAL AVAILABLE FUNDS $12,474,751 ($121,167ii $12,353,584 165 166 THIS PAGE IS PRINTED! RECYCLED PAPER Sours CITY OF SOUTH MIAMI South Miami: i Or All- MWcacl� 3 Excellence, Integrity, Inclusion • INCORPORATED * 1927 �L o R tp 200 TO Sanford A. Youkilis DATE February 11, 2003 Acting City Manage I FROM: W. Ajbola Ea gun ITEM No. Public Works Director RE: Traffic Calming projects/Bond funds' update As requested, attached is the expense detail for the referenced Traffic Calming bond account. The list was generated from all the requisitions submitted against the account, to date. The expenses were for: Construction of six temporary traffic circles at: • ' SW 70th Street & SW 63rd Avenue • SW 69th Street & SW 62nd Court • SW 68th Street &'SW 63rd Avenue • SW 66th Street & SW 63rd Avenue SW 66th Street & SW 64" Avenue • SW 61st Terrace & SW 65th Avenue Li Construction of one temporary traffic diverter along SW 70th - Street between SW 62 °d Avenue & SW 63rd Avenue. ❑ Surveying services for the design of permanent traffic circles. a Design and construction administration services for the permanent traffic circles. if y ❑ Executed contract for the construction of 6 permanent traffic circles. The total cost of the expenses to date is $281,671.97, leaving available balance of $18,328.03. Additional funding will be needed; to construct the permanent diverter along SW 70th Street and the proposed traffic-calming device for the intersection of SW 68th Street & SW 64t1i Avenue. Should you have any questions or comments, please do not hesitate to contact me. END OF MEMORANDUM i { CD O Q z W uj N ca Tr ■ O � tp LO to In tO to to tO LO LO tO LO LO LO' Lf) to M M M O N I� M Lf) Ln t` r ti t` M CO r— I` ti ff OD M 6 F lJJ O C O LO M N O O 00 ti O OC) M O M I- N c- -I:i000D M Vci Gd d Nr� rrrOO'LnLOd Ni W C9 N N N N N N N N N N N N N N N N N N Q a m�� 64 ��6�� Q W 0 t` O O 0 O 0 O 0 O 0 O 0 H 0 LO 0 0 0 O '0 LO O O O CO O M O 0 O O O O N co O c0 O Lf) O; > O r to O N O I-- 00 I-- d O d 0 00 C; O O ,O d' LO r? 0 O M ;O (D O O' OC) -t LO O r :O O r to O r C) r' 00 R O r E O M N O' M Cfl LO O LO r` r N LO 0 N i. CD:; Lf) N [1 O M O r Lf) 67 00 Q Q W J Q Q D � Y Q V i Q� I-` I- Q Q Q Q Q Q M Q M Q �( a du Q Q O O O O O \\\\ \\ O \ O\\ r r\ z CL qtqt��zzzzzz�zzzz M r O\ N O N O \\\ N O N O N 0 N 0 N 0 N 0 N 0 N 0 N O \ N O N O N O\ \ O M N O \\ N O 'N 'O 1 M O\ N O lil Q r ti 0) 0 0\0 0\0 0\0 0\0 00 N N 000 O\0 O N N O w O N O N ^+ W 0 (0 CD� O O LO � d' M M M M M N N N W M�� O O O N O CO N N N N O co qt Q Q M M co L. ■� N N O r O r C) r f) r CD r N N M N Q M �h 0 LO' (n Cl) LO LO O d qt LO d �. p Q z Q¢� z z 0 't 0 0 d 0 qt op d O, �t O \ Z 4.4 O O; N d O N O d w aaCLaCLa Wa IL °O (� CL IL -a LO LO o L � i V � O' Q O H O 7 N co O Q C CO (D U 0 U) CL Z O ci aU) o m Q C3 p c o U m (3 ci 0 C) 0 c >' 0 c >' c c 10 � U- LC J O O U N L N �- m Q ui •- V Q N Q O c p w a E c m o r- c c c) E c > c — F Of C3Q_U o U o,ci= o d) Coo f6 -0 m a) c _ m m m a) m 0 m N m 0 L O '- C m a) m y 2 i Y 0J 1 O a) O c (D E2 "c 0 fn Cl) C/) >, c CO >, � � L a) � .0 a) Q E cn m a) O —co .. .. � a) � m � � Q w u� Y in'v� � C� (D D 0 CD 0 (D cn <1015 i { CD O Q z W uj N ca Tr ■ o s O U T� South Miami F Ail- AmericaCft • INCORPORATED • 1927 CoRio�' 2001 Excellence, Integrity, Inclusion To Honorable Mayor, Vice Mayor & Date: February 18, 2003 City Commission Re: _Item No. From: Sanford A. Youkilis Fellowship House Acting City Manager Report and Recommendations STAFF ANALYSIS On February 6 2003, the City Manager, Planning &.Zoning Director, and Assistant Chief of Police met with Mary Matos - Lacasa (Director of Finance & Administration) and Howard Wiener (President /CEO) of Fellowship House. In speaking with the Fellowship House administrators, we were able to ascertain the following: 1) While not expanding the size of their existing facilities, they have relocated their onverted that administrative space administrative offices to the Dadeland Towers, and have c P into more program area (classrooms, staff offices, support, etc.) 2) The new classroom space is to be used for a new program administered by Judge Steve Liefman, Associate Administrative Judge (305- 548 - 5394), whereby mentally ill patients who were arrested for misdemeanors (not felonies) are referred to Fellowship House by the court system. They are to be stabilized and evaluated prior to admittance into the program; the total number of patients in this program is about 40 people.' 3) The Fellowship `House facilities centered on Commerce and Progress Lanes total approximately 30,000 square feet. While they have over 600 - "members," their day to -day total of visitors is around 240 people. 4) Fellowship House currently has occupational licenses from the City of South Miami which permit this type of Social Service Agency. Social Service Agency' is currently a permitted use in the TODD -LI zoning district. 5) Mr. Wiener stated that Fellowship House has no immediate plans for expanding their facility on Commerce/ Progress Lanes any further. They are looking both at other locations within South Miami, and especially at locations further south'in Miami -Dade County such as the Perrine area. 6); The main problem at the Fellowship House facility appears to be the lack of proper sidewalks and walkways for the large number of people transiting to the facility and between the various facility buildings. The lack of sidewalks causes members to walk in the middle of the street. Fellowship House recently installed a walkway made of brick pavers to direct pedestrian flow along Progress Lane, but this is only a small portion of the area. 7) Progress Lane is especially narrow, and has the potential to become a hazardous area when too many people are walking between the Fellowship House properties, with two -way traffic trying to maneuver through to the auto - repair shops further down the lane. i { 1 ;^ , .r Report — Fellowship House February 18, 2003 Page 2 of 2 RECOMMENDATIONS (1) The City should consider making Progress Lane a one -way street. A study should be able to determine if this is feasible from a traffic standpoint, and determine which way the traffic circulation should be directed. Most probably this would make Progress Lane one -way southbound, allowing traffic to circle around using Commerce Lane. Commerce Lane would most probably remain two -way. (2) Sidewalks should be installed in the area of Commerce and Progress Lanes, where possible. Mr. Wiener of Fellowship House has indicated a willingness to participate in the funding of such a sidewalk program, up to a reasonable level. (3) To address the potential of future expansion of the Fellowship House facilites on Commerce and Progress Lanes, the City should consider changing ' the schedule of permitted uses' in the Land Development Code. Currently, Social Service Agency is listed as a "P" permitted use, in the TODD Light Industrial and many other zoning districts. To 'allow the City to monitor or prevent future expansion, Social Service Agency uses could be changed in the schedule of permitted uses. It could be changed to an "S" Special Use, which would require Planning Board and City Commission public hearing and approval for any future expansion. Alternatively, the use could be eliminated completely from TODD -LI zoning district list of permitted uses, thereby rendering the existing use nonconforming and prohibiting any future expansion. SAY/RGL K: \Comm Items \2003 \02- 18- 0Mellowship report.doc j { 020 � Annapolis Northern Virginia HOLL AN & iNIG rr LLl Atlanta Orlando Bethesda Portland Boston Providence Bradenton St. Petersburg Chicago San Antonio 701 Brickell Avenue, Suite 3000 Fort Lauderdale San Francisco P.O. Box 015441 (ZIP 33101-5441) Jacksonville Seattle Miami, Florida 33131 Lakeland Tallahassee Los Angeles Tampa Melbourne Washington, D.C. 3,05- 374 -8500 New York West Palm Beach FAX 305-789-7799 International Offices: Sao Paulo www.hklaw.com Caracas" Tel Aviv' Helsinki Tokyo Mexico City Rio de Janeiro 'RepresentaiveOTice February 6, `2003 MARK 1. ARONSON maronson @hklaw.com VIA FAX 305/663 -6345 AND CERTIFIED MAIL RETURN RECEIPT REQUESTED City of South Miami 5130 Sunset Drive South Miami, Florida 33143 Attention: Sandy Youkilis, Assistant City Manager Re: Lease Agreement between the City of South Miami, as Landlord, and Mark Richman Properties, Inc., as Tenant, dated March 5, 2002, as to Landlord, and March 2, 2002, as to Tenant (the "Lease Agreement ") Dear Mr. Youkilis: This firm represents Tenant in connection with the Lease Agreement. This letter is being sent to you in accordance with Section 28 (Notices) of the Lease Agreement and pursuant to the provisions of Subsection 12.4.1 (Failure to Perform) of the Lease Agreement. Tenant hereby notifies Landlord of Landlord's failure to perform its obligations under the Lease Agreement or to comply with the terms of the Lease Agreement. Subsection 12.4.1 provides as follows: Failure of Landlord to perform in accordance with or to comply with any other covenants, conditions and agreements which are to be performed or complied with by Landlord in . this Lease, and the continuance of such failure for a period of thirty (30) days after notice thereof in writing from MRP to Landlord (which notice shall specify the respects in which MRP contends that Landlord has failed to perform any such covenants, conditions and agreements) shall constitute an Event of Default; provided, however, if such ` default cannot with reasonable diligence be cured within thirty (30) days and Sandy Youkilis, Assistant City Manager City of South Miami February 6,` 2003 Page 2 Landlord within said thirty (30) day period shall have commenced and, thereafter, shall have continued, diligently to prosecute all actions necessary, to cure such default then Landlord shall have such additional time as Landlord requires while and so long as Landlord continues to diligently prosecute all reasonable actions necessary to e,Ure suuch def.F.u1t. We are advised that at a special meeting of the City Commission_ held on December 17, 2002, the Commission voted not to continue with the project contemplated by the Lease Agreement. This vote occurred in the context of statements by the Mayor that the vote was intended to "kill the project" once and for all. Our client advises that the architect and construction manager have been instructed not to proceed with the project and that they, in fact, have ceased contacting our client on issues related to the project's construction, contrary to prior practice. Our client considers these actions as a repudiation of the City's lease obligations and a breach of the Lease Agreement, including, without limitations, paragraphs 8.3, 9.2, 27 and 34.11. Pursuant to Subsection 12.4.1 of the Lease Agreement, unless such failures to perform and failure of compliance with the above provisions by Landlord are cured within thirty (30) days from the date of this notice by retracting the repudiation and instructing the architect and project manager to proceed with the project, followed by actual active and good faith progress with the project, or unless Landlord otherwise commences and continues with reasonable diligence to cure these defy -alts within thirty (30) days from the date of this notice, an "Event of Default" by Landlord under the Lease. It is the intention of Tenant to pursue all remedies available to it, including the recovery of its reasonable attorneys' fees and costs as provided by Section 34.10 of the Lease Agreement or otherwise.' e Sandy Youkilis, Assistant City Manager City of South Miami February 6, 2003 Page 3 PLEASE GOVERN YOURSELVES ACCORDINGLY. Very truly yours, XK- LLP !NIGHT �" M IA/mg cc: Earl Gallop, City Attorney, Nagin, Gallop, Figueredo 3225 Aviation Avenue, Suite 301 Miami, Florida 33131 Mark Richman, President Mark Richman Properties, Inc. 18500 N.E. 5th Avenue North Miami Beach, Florida 3360 George McArdle 6601 S.W. 120 Street Miami, Florida 33156 MIAI #1201185'v2 ,j 1 -1 fJ n i 3 -tvq h v ,'.r.. e , 4NTFn' - 5ai?:v^a•e+'- £+�l'�.k J�t.E „� - n^'.'�,... ,4, .yqp. South Miami Fs0UTl�+ A9[- d4medca CHY v • INCORPORATES THE CITY MANAGER SEARCH. PROCESS rw 1927 P _ L Rio City of South Miami 2001 The following is a guide to follow for the recruitment and selection of the City Manager. Phase One — Establishment of Candidates Criteria" The City Commission will develop the relevant criteria for the position. This criteria would encompass the following; • desired educational background • years of experience • knowledge, skills and abilities • all other characteristics essential to job performance Phase Two Marketing Campaign The Citizen's Advisory Committee will meet to review criteria and create advertisements and pamphlet. Once the specifications for the position profile have been determined, a marketing campaign would be implemented. The internet, professional publications (ex: j Florida League of Cities datagram, the Florida City /County Management Association newsletter and Ken Small's —City Manager Newsletter) and any other media sources will be utilized for search. An informational pamphlet would be suggested providing recruitment process and position requirements. A closing date is suggested for submission of resumes. Phase Three — Preliminary Candidate Screening Resumes will be received and reviewed by the Citizen's Advisory Committee for preliminary criteria screening. Minimum requirements already set forth will determine selected candidates for further evaluation. Those candidates that meet minimum requirements /criteria established will go to the next step of the selection process set forth j in Phase Four. (Note: Telephone interviews may assist in the process in gathering more i information on the potential candidates.) Phase Four — Selected Candidates The preliminary candidates selected will be asked to complete a questionnaire prepared' by the Citizen's Advisory Committee. This questionnaire would assist the Committee in narrowing down the search. The Committee would further evaluate and make determination as to their final recommendations for Preliminary Panel Interviews. Once recommendations are made; { screenings will be conducted on those candidates chosen for the initial interview with the Committee. These screenings will include : - employment and educational verification, media checks, credit checks, criminal, civil and motor vehicle screening. Telephone reference checks will also be conducted as part of the preliminary process (waiver and release of information would be signed by candidates). Page 2 Phase Five Semi- Finalists Interviews A progress report will be submitted to the City Commission recommending' five candidates for further interview. A detailed summary report will be provided for each candidate selected. This summary report will contain objective profiles which will include current and previous employment, performance' record, areas of expertise and skills in relation to the position of City Manager. Each report will have attached resume and supplemental questionnaire. Notes Supplemental questionnaire is information on a potential candidate which would include: fiscal responsibility, supervisory experience, management and leadership skills, jurisdictional size and reasons for interest in the position.) Suggested questions (behavioral and situational) and rating sheet will be prepared to be consistent with all candidates being interviewed. Panel Interviews are recommended for this process: After each interview, a break will allow the Commission to review information received and to fill out rating sheets and/or receive feedback from the panel doing the interview. Phase Six Final Interviews i Finalists would be scheduled for a whole day session to meet and interact with individual Commissioners. This would include' morning interviews, lunch session and final interviews with the whole Commission (to be conducted in a meeting setting). This phase could include an Open House for the public to meet the final candidates. Phase Seven — Final Selection of City Manager ' Upon completion of interview process, a Special Meeting would be held to make the selection of the City Manager. Phase Eight — Contract Negotiation of Selected City Manager ,I The City Attorney will be responsible to prepare Employee Agreement delineating benefits package, salary and duties set forth by the City Commission. Note: Throughout the selection process, the Human Resources Department and the Citizen's Advisory Committee will provide the Commission with periodic reports. Candidates will be advised J of recruitment status. Notifications of those non selected candidates will be done by letter. .�s�T;�?';�;.��,,,,..:, ry �. . �Yr,- ..— ", -..�, "- -rm�,a.• , m .a'y"�'�. --'� ��.s,�°�„'. ;'��..'i�- �- �£��y';s'". v -�� . �—. rs ,r�`�- ,r,��^.,?yH"'c'°;.'e,., ,- ��"i.E.,x,,z,,"7�'�- .��.fE F..., �.^.�.�?sr,��'"�: �.�3� -;`�' i'xa i'nWfi 44 r7.= PrB?s15�9%, �rT'_ "..: �h . a -.::'w i ✓,- x;- '.'e -F a x .. -i;. LVi i i 'v Z a° �a _C) �LL 0 �a LL LL,0 W (D _ ' a i ell am O w 1 �4 41 13 i'nWfi 44 r7.= PrB?s15�9%, �rT'_ "..: �h . a -.::'w i ✓,- x;- '.'e -F a x .. -i;. (D C O O Q E cu LU O co fB C6 Y Cl) C1 N V/ C C � L !'1 O U (D m > '_- U_ c 0 0 m L CD U CA LL C E C U ; N� FLU CO U fA Cll CSS Q7 CO O tz - ` CD U = O - > > —O = 07 O C?.. g U O N N — O E p CA W LU Q ID U cr v L CO CD a> CO to 0- N CL X Cu X O a N L O L U - L O O U CR C 6 CO CIO :3 L cz Q Q � O L f-- E �o O O U CO CD E . S� Ca C j, = O � W .� U C :O C C CO LU LU c LU LU v -. -� C N (D N C O O O N ca N cQ a) 0 L L N_ .2 U . U N em � cr L L O U _ LU U .0 CCU ? c cis ca O" o 4 m O O _ _� N a) CD C6 a) W Q G V i'nWfi 44 r7.= PrB?s15�9%, �rT'_ "..: �h . a -.::'w i ✓,- x;- '.'e -F a x .. -i;. .ter. CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 7,'2003 Cc: Sandy Youklis, Acting City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City A e: Resolution Approving Payment of Attorneys' Fees and Costs to Greenberg'Traurig, P.A. Subject: Approval of payment of $1,442.90 to Greenberg Traurig, P.A. for services rendered in connection with the representation of the city and city attorney on the NRA's appeal of its motion for attorney's fees in the matter of National Rifle Assn. ofAmerica, Inc.,' et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l 11' Cir. Ct. 2000). Discussion: The NRA filed a motion for attorney's fees and costs in. the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third District Court of Appeal. With the city commission's consent, the city attorney had retained outside counsel to defend against the motion. On September 24, 2002, the circuit, { court entered its ruling denying the NBA's motion for attorney's fees. The NRA appealed the lower court's ruling to the Florida Third District Court of Appeal. Again, with the city` commission's consent, the city attorney retained outside counsel to defend the appeal of the September 24, 2002 lower court ruling. This first invoice from appellate counsel is presented for payment. I recommend approval of the invoice for payment as the amount of fees' and costs are reasonable and necessary. Recommendation: Approve the resolution' authorizing payment of the invoice. i .< ..,- - _.;. ,. . r. -:,7 1 RESOLUTION NO: 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 GREENBERG TRAURIG P.A., IN THE AMOUNT OF $1,442.90; 7 CHARGING $1,442.90 TO ACCOUNT NO. 1500 -514 -34504 S OTHER CONTRACTUAL SERVICES; PROVIDING AN 9 EFFECTIVE DATE.' 10 1 l WHEREAS, in the case of National Rifle Assn. o America, Inc., et al. v. 12 City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11 Cir. Ct. 2000) the NRA 13 filed a notice of appeal with the Third District Court of Appeal on the lower 14 court's favorable order denying the NRA's motion for attorney's fees; and, 15 16 WHEREAS, with the city commission's consent, the city attorney retained 17 outside counsel to defend the appeal; and, 18 19 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the City for 20 legal services rendered, and costs advanced, for the period ending 21 December 31, 2002, in the amount of $1,442.90; and, 22 i' 23 WHEREAS, the City Attorney recommends payment of the attached 24 invoice as the amount of fees and costs are reasonable and necessary. 25 I 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1 The invoice for attorneys' fees and costs received from 30 Greenberg Traurig, P.A., in the total amount of $1,442.90, is approved, for 31 payment and charging $1,442.90 to account no. 1500 -514 -3450, Other Contractual 32 Services. 33 34 Section 2 This resolution shall take effect immediately upon approval. 35 Additions shown by underlining and deletions shown by eversflg 1 Page 2 of 2 2 PASSED AND ADOPTED this ' day of February, 2003. 3 .0 a,_ 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9` 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 16 Commissioner McCrea: 16 17 18 � 19 20 - 21 22 23 24 25 \\Dell 6100 \Documents \0022\DAJ\16818.doc 26 � 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 .0 a,_ Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 1500- 514 -3450 $1,442.90` $1,442.90 Proper Request Against The Services Codes Charge Sufficiency of Appropriation TOTAL $1,442.90 Purchase Order No.7 Terms/Discount I Hereby Certify That The Coding of Accounts Approved` Purchases as Above Approved Above` Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation ]Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager i A 'T T® R N E Y S A T ]L A Invoice No.: 981519 File No. 6b6 %5:610100 Bill Date January 13, 2003 City of South Miami c/o Earl G. Gallop, Esq. 3225 Aviation Avenue Suite 301 Miami, Florida 33133 -4741 Re: South Miami adv. National Rifle Association Legal Services through December 31,x; Total Fees: $ 1,362.50 Expenses: Photocopy Charges 80.40 Total Expenses: $ 80.40 Current Invoice: $ 1,442.90 EHS:PAL Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIANII, FLORIDA 33131 305 - 579 -0500 FAX 305 -579 -0717 MIAMI NEW YORK WASHINGTON, D.C. LOS ANGELES CHICAGO BOSTON PHOENIX DENVER ATLANTA TYSONS CORNER PHILADELPHIA WILMINGTON ORLANDO TAr T kRMSEE WEST PALM BEACH' BOCA BATON: FORT LAUDERDALE SAO'PAULO Invoice No.: 986519 Page 1 F ;e: South Miami adv. National Rifle Association Matter No.: 60675.010100 Description ofProfes -,ional Services Rendere r DATE. TTMFKF.F.PF,R DFSC'RTPTTC)N HnTTRS, AMOUNT 12/20/02 Joan B. Gray preparation of record on appeal 1.00 ' 125.00 12/23/02 Joan B. Gray preparation of record on appeal 6.60 825.00 12/24/02 Joan B. Gray preparation of record on appeal 3.30 412.50 Total Time- 10.90 j Total Fees. $ 1,362.50 I� T-11 RESOLUTION NO. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' ;FEES; APPROVING ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $1,442.90; CHARGING $1,442.90 TO ACCOUNT NO. 1500- 514 - 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in the case of National Rifle 4ss'n. of America, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11'h Cir. Ct. 2000) the NRA filed a notice of appeal with the Third District Court of Appeal on the lower court's favorable order denying the NBA's motion for attorney's fees; and, WHEREAS, with the city commission's consent, the city attorney retained outside counsel to defend the appeal; and, WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the City for legal services' rendered, and costs advanced, for the period ending December 31, 2002, in the amount of $1,442.90; and, WHEREAS, the City Attorney recommends payment of the attached invoice as the amount of fees and costs are reasonable and necessary. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI; FLORIDA: Section 1. The invoice for attorneys' fees and costs received from Greenberg Traurig, P.A., in the total amount of $1,442.90, is approved for payment and charging $1,442.90 to account no. 1500 - 514 -3450, Other Contractual Services. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by oversiriking. w PASSED AND ADOPTED this day of February, 2003. ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Russell: 1/0 Commissioner Wiscombe: CITY ATTORNEY Commissioner Bethel: Commissioner McCrea: \ \Dell_6100 \Documents \0022 \DAJ\ 16818.doc Page 2 of 2 CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 7, 2003 Cc: Sandy Youkilis, Acting City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City A e: Resolution Approving Payment of Attorneys' Fees and Costs to Greenberg Traurig, P.A. Subject: Approval of payment of $1,442.90 to Greenberg Traurig, P.A. for services rendered in connection with the representation of the city and city attorney on the NBA's appeal of its motion for attorney's fees in the matter of National Rifle Assn. ofAmerica, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11' Cir. Ct. 2000). Discussion: The NRA filed a motion for attorney's fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third District Court of Appeal. With the city, commission's consent, the city attorney had retained outside counsel to defend against the motion. On September 24, 2002, the circuit court entered its ruling denying the NRA's motion for attorney's fees. The NRA appealed the lower court's ruling to the Florida Third District Court of Appeal. Again, with the city commission's consent, the city attorney retained outside counsel to defend the appeal of the September 24, 2002 lower court ruling. This first invoice from appellate counsel is presented for payment. I recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. Recommendation: Approve the resolution authorizing payment of the invoice. .. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $1,442.90; 7 CHARGING $1,442.90 TO ACCOUNT NO. 1500- 514 - 34503, ; 8 OTHER CONTRACTUAL SERVICES; PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, in the case of National Rifle Assn. of America, Inc., et al. V. 12 City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l lth "Cir. Ct. 2000) the NRA 13 filed a notice of appeal with the Third District Court of Appeal on the lower 14 i court's favorable order denying the NRA''s motion for attorney's fees; and, 1'S 1.6 WHEREAS, with the city commission's consent, the city attorney retained 17 outside counsel to defend the appeal; and, 18 19 WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the City for 20 legal ` services rendered and costs advanced, for the period ending g � P 21 December 31, 2002, in the amount of $1,442.90; and, 22 23 WHEREAS t h e City Attorney recommends payment of the attached 24 invoice as the amount of fees and costs are reasonable and necessary. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The invoice for attorneys' fees and costs received from 30 Greenberg Traurig, P.A., in the total amount of $1,442.90, is approved for 31 payment and charging $1,442.90 to account no. 1500 - 514 - 3450,, Other Contractual 32 Services. 33 34 Section 2. This resolution shall take "effect immediately upon approval. 35 Additions shown by underlining and deletions shown by 1 2 PASSED AND ADOPTED this day of February, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 a 20 21 g 22 23 24 25 \\Dell6100\ Documents \0022\DAJ\l6818.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 Item No. Quantity Description and Specifications: Account Number Unit Price Total I 1 Other Contractual 1500 -514 -3450 $1,442.90 $1,442.90 Services TOTAL TOTAL $1,442.90 p r Purchase Order No. I Terms/Discount r I Hereby Certify That The ` Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager i i i ti Invoice No.: 986519 Page 1 Re: South Miami adv. National Rifle Association Matter No.: 60675.010100 lies rintien DATE 12/20/02 of Pmfeccion 1 Services °Rendered- DF.SC'RIPTION preparation of record on appeal HOiTRS 1.00; AMOITNT 125.00 TIMEKEEPER Joan B. Gray 12/23/02 Joan B. Gray preparation of record on appeal 6.60 > 825.00 12/24/02 Joan B. Gray preparation of record on appeal 3.30 412.50 Total Time- 10.90 P G i Total Fees, $ 1,362.50 i 1 I 4 Y CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM i i To Mayor and City Commission Date: February 7, 2003 j Cc: Sandy Youkilis, Acting City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City A e: Resolution Approving Payment of Attorneys' Fees and Costs to Greenberg Traurig, P.A. Subject: Approval of payment of $1,442.90 to Greenberg Traurig, P.A. for services rendered in connection with the representation of the city and city attorney on the NRA's appeal of its motion for attorney's fees in the matter of National Rifle Ass'n. ofAmerica, Inc., ' et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11'i' Cir. Ct. 2000). Discussion: The NRA filed a motion for attorney's fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by Florida Third District Court of Appeal. With the city commission's consent, the city attorney had retained outside counsel to defend against the motion. On September 24, 2002, the circuit court entered its ruling denying the NRA's 'motion for attorney's fees. The NRA appealed the lower court's ruling to the Florida Third District Court of Appeal. Again, with the city commission's consent, the city attorney retained outside counsel to defend the appeal of the September 24, 2002 lower court ruling. This first invoice from appellate counsel is presented for payment. I recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. a Recommendation Approve the resolution authorizing payment of the invoice. I i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR GREENBERG TRAURIG, P.A., IN THE AMOUNT OF $1,442.90; CHARGING $1,442.90 TO ACCOUNT NO. 1500= 514 - 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in the case of National Rifle Assn. of America, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l lch Cir. Ct. 2000) the NRA filed a notice of appeal with the Third District Court of Appeal on the lower court's favorable order denying the NRA's motion for attorney's fees; and, .; WHEREAS, with the city commission's consent, the city attorney retained i outside counsel to defend the appeal; and, WHEREAS, Greenberg Traurig, P.A., submitted an invoice to the City for legal services rendered, and costs advanced, for the period ending December 31, 2002, in the amount of $1,442.90; and, WHEREAS, the City Attorney recommends payment of the attached j invoice as the amount of fees and costs are reasonable and necessary. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY I COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoice for attorneys' fees and costs received from Greenberg Traurig, P.A., in the total amount of $1,442.90, is approved for payment and charging $1,442.90 to account no. 1500 -514- ..3450, Other Contractual Services. Section 2. This resolution shall take effect immediately upon approval. 4a Additions shown by underlining and deletions shown by eve. r Page 2 of 2 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 1500 -514 -3450 $1,442.90 $1,442.90 Services TOTAL T $1,442.90 Purchase Order No. Tenns/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As —5E�i'15511 Otherwise Noted) Head of Department Finance Department City Manager I nt"„::'�,'�1.�^}�Fz__`,rz`'Y F, MUFW7 Y A T T 0 R N E Y S A T L A ®J ffi Invoice No.: 986519 File No. 60675.010100 Bill Date January 13, 2003 City of South Miami c/o Earl G. Gallop, Esq. 3225 Aviation Avenue Suite 301' Miami, Florida 33133 -4741 Tl` VOIC F, l i Re South Miami adv. National Rifle Association 1 Legal Services through Deremher 31, 00 Total Fees: $ 1,362.50 1=',7Cp. ,I Photocopy Charges 80.40 Total Expenses: $ 80.40 Current Invoice: $ 1,442.90 EHS:PAL Tax ID: 59- 1270754 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305 -579 -0717 MIAMI NEW YORK WASHINGTON, D.C. LOS ANGELES CHICAGO BOSTON PHOENIX DENVER ATLANTA TYSONS CORNER PHILADELPHIA WILMINGTON ORLANDO TALLAHASSEE WEST PALM BEACH BOCA RATON FORT LAUDERDALE SAO PAULO Invoice No.: 986519 Page 1 Re: `. South Miami adv. National Rifle Association • - Matter No.: 60675.010100 ' Deserintion DATE 12/20/02 of Professional Services Rendered- DF.SC'.RTPTION preparation of record on appeal HOURS 1.00 AMOUNT 125.00 TlMF.KF.F.PF.R Joan B. Gray, 12/23/02 Joan B. Gray preparation of record on appeal 6.60 825.00 12/24/02 Joan B. Gray preparation of record on appeal - 3.30 412.50 Total Time: 10.90 I t { 1 Total Fees. $ 1,362.50 i I 1 j NAGIN GALLOP FiGUEREDO P.A Attorneys & Counselors 3225 Aviation Avenue - Third Floor j Telephone: (305) 854- 5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 February 11, 2003 R Hakeem Oshikoya Finance Director ' CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 j Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya; ,I Enclosed are our statements for professional services rendered and for costs advanced for the period ending January 31, 2003, in the amount of $13,042.14, and requisition no: 122. I have tabulated the amounts currently due on each individual file as follows: 0022 -023 Parking Garage Contract ` Prof 1 Services $ 2,432.50 Statement No. 13084 dated 02106103 Disbursements 0.00 Total Due 2,432,50 0022 -027 Bruce v. CSM Code Enforcement Prof 1 Services $ 2,202.50 Statement No. 13085 dated 02106103 Disbursements 5.50 Total Due 2,208.00 0022 -034 CSM v.. Third Group Mortgage Prof I Services $ 225.00 Statement No. -13086 dated 02106103 Disbursements 0.00 Total Due 225.00 0022 -046 Merrick v. City of South Miami Prof 1 Services $ 187.50 Statement No. 13087 dated 02106103 ` Disbursements 0.00 Total Due 187.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI February 11, 2003 Page 2 of 3 0022 -055 Purchase of 7800 SW 59th Avenue Prof 1 Services $ 122.50 Statement No. 13088 dated 02106103 Disbursements 0.00 s Total Due 122.50 0022 -061 NRA, et al. V. City of South Miami Prof l Services $ 347.50 Statement No. 13089 dated 02106103 Disbursements 2.00 t; Total Due 349.50 0022 -094 Officer Darby Wagner Arbitration Prof I Services $ 437.50 Statement No. 13091 dated 02106103 " Disbursements 36.64 Total Due 474.14 0022 -096 Darby L. Wagner — EEOC Claim Prof l Services $ 227.50 Statement No. 13093 dated 02106103 Disbursements 0.00 Total Due 227.50 0022 -101 Hampton Pre - Determination Prof 1 Services $ ' 2,567.50 '1 Statement No. 13094 dated 02106103 Disbursements 362.00 - Total Due 2,929.50 0022 - 105 Nat 'l i . Co. v. City of South Miami City _ Mt g- ty Prof 1 Services $ 0.00 Statement No. 13096 dated 02106103 Disbursements 3.00 Total Due 3.00 0022 -112 Forfeiture of 1987 Cadillac Sedan Prof 1 Services $ 0.00 Statement No. 13097 dated 02106103 Disbursements 9.00 Total Due 9.00 I+ J 0022 -119 Deborah Benfield Arbitration Prof 1 Services $ 1,031.50 Statement No. 13102 dated 02106103 Disbursements 175.00 l I Total Due 1,206.50 0022 -120 Special Assessments Prof 1 Services $ 17.50 i; Statement No. 13103 dated 02106103 Disbursements 0.00 I; I' Total Due 17.50 I, I� Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI' February 11, 2003 Page 3 of 3 0022 -123 Labor — PBA Police Lieutenants and Prof l Services $ 1,207.50 Captains -' Disbursements 2.50 Statement No. 13214 dated 02106103 Total Due 11210.00 0022- 124 Maria Anduiza — EEOC Claim Prof I Services $ 495.00 Statement No. 13107 dated 02106103 Disbursements 0.00 Total Due 495.00 i I 0022 -125 John Hampton- EEOC Claim Prof 1 Services $ 910.00 Statement No. 13108 dated 02106103 ` Disbursements 0.00 Total Due I' - 910.00 0022 -126'. Deborah Benfield — EEOC Claim Prof 1 Services $ 35.00 Statement No. 13109 dated 02106103 Disbursements 0.00` Total Due 35.00 ' CURRENT TOTAL DUE $ 13,042.14 rDo not hesitate to call me if you have any questions regarding these statements. Very truly yours, II I la l i Earl G. Gallop EGG:daj I, Enclosures F cp:. Mayor and City Commission I i I I Item No. Quantity Description and Specifications Account Number Unit Price Total and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The 1 3 Real Estate /Foreclosure 1500 -514 -3435 " $350.50 $350.50 Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager 2 11 Legal, Non - Retainer 1500 -514 -3410 $8,042.14 $8,042.14 3 1 Forfeitures 608 -1910- 521 -3100 $9.00 $9.00 4 1 73d Parking Garage Loan Account 001- 0000 -132 -,2040 $2,432.50 $2,432.50 5 1 Code Enforcement 1500- 514 -3452 $2,208.00 $2,208.00 TOTAL $13,042.14 rchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved ' Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA,. RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $13,042.14; CHARGING $350.50 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY/FORECLOSURE; CHARGING 9 $8,042.14 TO ACCOUNT NO. 1500- 514 -3410, LEGAL 10 SERVICES, NON - RETAINER; CHARGING $2,432.50 TO 11 ACCOUNT NO. 001- 0000 - 132 -2040, 73' STREET PARKING 12 GARAGE LOAN; CHARGING ` $9.00 TO ACCOUNT NO. 608- 13 1910- 521 -3100, PROFESSIONAL SERVICES, ,` FORFEITURES; -14 AND CHARGING $2,208.00 TO ACCOUNT NO. 1500 - 514 -3452, 15 CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of South Miami approved 18 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 19 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, 20 21 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 22 for legal services rendered, and costs advanced, for the period ending 23 January 31 2003, in the amount of $13,042.14; and, 24 25 WHEREAS, the City Attorney recommends payment of the 'attached 26 invoiices. 27 - 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The invoices for attorneys' fees and costs received from 32 Nagin Gallop Figueredo, P.A., in the total amount of $13,042.14, are approved for 33 payment and charging $350.50 to account no. 1500 -514- 3435, real 34 estate /foreclosure; charging $8,042.14 to account no. 1500- 514 -3410, legal, non 35 retainer; charging $2,432.50 to account no. 001- 0000 -132 -2040, 73ra Street 36 Parking Garage Loan Account; charging $9.00 to account no. 608 - 1910 -521 -3100, 37 professional services, forfeitures; and charging $2,208.00 to account no. 1500- 38 514- 3452, code enforcement. 39 40 Section 2. This resolution shall take effect immediately upon approval. 41 Additions shown by underlining and deletions: shown by eve}s#ile ng. 1 2 PASSED AND ADOPTED this day of February, 2003. 3 4 ATTEST: APPROVED: 6" 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 \\Dell 6100 \Documents \0022 \DAJ \16886.doc 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Page <2 of t CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED A. NAGIN GALLOP FIGUEREDO`' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: ,(305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Statement No. 13082 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance; 4,147.50 Payments - Thank you 0.00 Total Due 4,147.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5359 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson Foreclosure City of South Miami 6130 Sunset Drive Statement No. 13083 City of South Miami, FL 33143 Payments 01/09/2003 Payment Ck #39607 237.63 i i Sub -total Payments: 237.63 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 252.63 Payments - Thank you 237.63 Total Due 15.00 I To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED A. NAGIN GALLOPFIGUERED01' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 13084- City of South Miami, FL 33143 Amount Hours - 01/02/2003 LRF Research regarding restrictions on the use of municipal bond 1.30 227.50 financing obtained for the garage project for the Downtown Infrastructure Improvements. 01/14/2003 LRF Reviewed Planning Board agenda; telephone conferences with 1.00 175.00 Sandy Youkilis regarding same.` 0.1/15/2003 LRF Telephone conference with Dan McCrea regarding the status of 0.50 87.50 settlement negotiations. 01/1612003 LRF Meeting with Mark Richman regarding proposed settlement; various 2.80 490.00 telephone conferences with the Commission regarding the results` of the meeting. 01/16/2003 LRF Telephone conference with Hakeem Oshikoya regarding insurance 0.30 52.50 coverage for breach of contract claim. 01/20/2003 EGG Instructions to work attorney regarding legal research concerning 0.20 35.00 exposure of city, if any, to liability for lost profits in breach of contract claim. 01/20/2003 MDS Legal research regarding recovery for "loss business opportunity" 2.00 350.00 and "lost profits." 01/23/2003 LRF ` Meeting with Sandy Youkilis and Subrata Basu to discuss 4.00= 700.00 alternate parking layout for settlement purposes. 01/2412003 LRF Telephone conference with Mark Richman; regarding alternate 1.40 245.00 proposals for settlement; telephone conference with Subrata Basu_ regarding same. 01/29/2003 LRF Telephone conference with Subrata Basu regarding status of 0.40 70.00 parking garage site plan, Total Professional Services 2,432.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o.per month will be charged if payment is not received within 30 days. a Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 13084 Page: 2 Rate Summary Luis R. Figueredo 11.70 hours at $175.00 /hr 2,047.50 Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Michael D. Spivack 2.00 hours at $175.00/hr 350.00 Total hours: 13.90 Payments 01/17/2003 Payment Ck #1212 - Hutchinson; 30.25 Sub -total Payments: 30.25 For Professional Services 2,432.50 For Disbursements Incurred 0.00 Current Balance: 2,432.50 Previous Balance: 2,495.25 Payments - Thank you 30.25 Total Due 4,897.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem -0shikoya February 6, 2003 Finance, Director Matter ID: 0022 -027 City of South Miami Bruce v. Code Enforcement 6130 Sunset Drive Statement No. 13085 City of South Miami, FL 33143 Amount Hours 01/09/2003 EAB Attention to Bruce file.` 0.30 45.00 01/09:/2003 MDS Began preparation for trial. 0.50 87.50 01/13/2003 EAB Attention to Bruce file and analyzed corresondence from opposing 0.20 30.00 counsel regarding mediation date. 01/14/2003 MDS Reviewed materials in preporation for trial. 1.80 315.00 0 /15/2003 EAB Coordinated mediation and prepared letter to Mr. Lorenzen,: counsel 0.40 60.00 for Bruce, regarding proposed mediator,' schedule and resume of mediator. 01/16/2003 EAB Attention to Bruce matter. 0.10 15.00 01/21/2003 EAB Telephone conference with Mr. Orlando Martinez providing him 0.40 60.00 synopsis of Bruce matter in preparation' for mediation; telephone conference with Code Enforcement Officers regarding outstanding violations and receiving file. 01/2112003 MDS Prepared for trial: 1.00 175.00 01/22/2003 EGG Prepared for and attended mediation and reached settlement; 4.20 735.00 attention to further handling needs. - 01/22/2003 MDS Attended mediation of matter advised client regarding mediation of 3.50 612.50 matter. 01/23/2003 MDS Prepared motion continuing pre -trial conference of matter. Left voice 0.30' 52.50 mail messages for opposing counsel in regards to continuing pre -trial conference of matter. 01/28/2003 JMP Delivered package to the Judge at Circuit Court. 0.75 15.00 Total Professional Services 2,202.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 13085 Page: 2 Rate Summary Eve A Boutsis 1.40 hours at $150.00 /hr 210.00 Earl G. Gallop 4.20 hours at $175.00/hr 735.00 Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00 Michael D. Spivack 7.10 hours at $175.00/hr 1,242.50 Total hours: 13.45 Expenses Parking Charge 5.50 Sub - total Expenses: > 5.50 For Professional Services 2,202.50 For Disbursements Incurred 5.50 Current Balance: 2,208.00 Previous Balance: 542.50 Payments - Thank you 0.00 Total Due 2,750.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. b., CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 'Facsimile: (305) 854 -5351 Hakeem Oshikoya February 6, 2003 Finance Director Matter ID: 0022 -034 City of South Miami CSM v. Third Group Mortgage, _ 6130 Sunset Drive Statement No. 13086 City of South Miami, 'FL 33143 Hours Amount 01/09/2003 EAB Attention to file; analysis of order notifying intent to dismiss for lack 0.30 45.00 of prosecution; and drafted letter to all parties regarding voluntary dismissal and each party to pay its own costs. 01/15/2003 ' EAB Telephone conference with Mr. Rappapport; and drafted settlement 0.30 45.00 letter for Third Group Mortgage. 01/16/2003 EAB Attention to file; drafted letter to Mr. Spiegelman and Mr. 0.20 30.00 Rappapport 'regarding settlement. 01/17/2003 EAB Prepared confirming settlement letter to Davis Gardens 0.40 60.00 Homeowners; attention to file and telephone conference with Ms. Pivar on release of liens. 01/31/2003 EAB Telephone conference with Mr. Zack regarding possible settlement.' 0.30 45.00 Total Professional Services 225.00 Rate Summary Eve A. Boutsis 1.50 hours at $150.00 /hr` 225.00 Total hours: 1.50 Payments 01/09/2003 Payment Ck #39607 30.00 01/09/2003 Payment Ck #39604 1,167.00 Sub -total Payments; 1,197.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged` if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 13086 Page: '2 For Professional Services 225.00 For Disbursements Incurred 0.00 Current Balance: 225.00 Previous Balance: 1,347.00 Payments - Thank you 1,197.00 Total Due 375.00 To be properly credited, please indicate Statement Number on your remittance check. a I V w r 4 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days; y I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -046 Finance Director City of South Mi ami Merrick v. City of South Miami 6130 Sunset Drive - Statement No. 13087 City of South Miami, FL 33143 Hours Amount 01/08/2003 EAB Attention to file; meeting with Capt. Ross on this item regarding 1.00 125.00 compliance with settlement agreement; analysis of city's files and prepared memorandum to file. 01/09/2003 EAB Telephone conference with Mr. McDuff regarding Mr. Parson's 0.20 25.00 allegations of violations of settlement agreement. 01/29/2003 EAB Telephone conference with Mr Parsons regarding closing IA files 0.30 37.50' and prepared confirming letter to Mr. Parsons. Total Professional Services 187.50 Rate Summary Eve A Boutsis 1.50 hours at $125.00/hr 187.50 Total flours: 1.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 13087. Page: 2 For Professional Services 187.50 For Disbursements Incurred 0.00 Current Balance: 187.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 187.50 To be properly; credited, please indicate Statement Number on your remittance check: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. 'Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOI'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -055 ` Finance Director Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 13088 ' City of South Miami, FL 33143 Hours Amount 01/10/2003 EGG Telephone conferences with Mr. Steve Pearson, counsel for Van 0.70 122.50 ii Smith's, regarding purchase of portion of property, and with Ms. Garcia regarding availability of additional grant funds for same; communication with Ms. Cadaval, regarding obtaining additions grant funds to purchase property. Total Professional Services 122.50 Rate Summary Earl G. Gallop 0.70 hours at $175.00/hr. 122.50 i Total hours: 0.70 Payments 01/09/2003 Payment Ck #39607 52.50 { Sub - total, Payments 52.50 l 1 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i I Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -055 Statement No.: 13088 Page: 2 For Professional Services 122.50 For Disbursements Incurred 0.00 Current Balance: 122.50 Previous Balancer 157.50 Payments -Thank you 52.50 i Total Due 227.50 u I To be properly credited, please indicate Statement Number on your remittance check. a � I i J sl l i i a i j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. •I { i 3 { �- n -�. ..;xagr,,,, _�'ii - ...�°,su, �. �;;';r �"h., f?`, ,¢�— +�--'�.,, ��•';'!�::°°'T", ��_ ,. rw„'z ° „T .aM,�R :^'+F, „ g CONFIDENTIAL -ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUERED01'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 6, 2003 Matter ID: 0022 -061 Finance Director NRA, et al. vs. City of South City f South uth Miami 6130 Sunset Drive Statement No. 13089 I City of South Miami, FL 33143 Hours Amount 01/13/2003 EGG Reviewed motion and order for NRA general counsel to appear in 1.90 332.50 appeal, and NRA's main brief. 01/13/2003 JMP Delivered package to Greenberg. 0.75 15.00 I Total Professional Services 347.50 I Rate Summary Earl G. Gallop 1.90 hours at $175.00/hr 332.50 Jennifer M. Penichet 0.75 hours at $ 20.00 /hr 15.00 I, Total hours: 2.65 Expenses Mileage 2.00 Sub- total Expenses: 2.00 Payments 01/09/2003 Payment Ck #39607 165.09 01/09/2003 Payment Ck #39604 577.50 i Sub -total Payments: 742.59 I i I Payment is due upon receipt. 'Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. S i 3 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 13089 Page: - 2 iFor Professional Services 347.50 For Disbursements Incurred 2.00 Current Balance: 349.50 Previous Balance: 795.09 Payments - Thank you 742.59 } Total Due 402.00 To be properly credited, please indicate Statement Number on your remittance check. I i i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a i rate of 1.5 %d per month will be charged if payment is not received within 30 days: I) CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem. Oshikoya Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive Statement No. 13090 City of South Miami, FL 33143 G I For Professional Services 0.00 i For Disbursements Incurred i 0.00 Current Balance: 0.00 i Previous Balance: i 52.50 Payments - Thank you 0.00 i Total Due 52.50 To be properly credited, please indicate Statement Number on your remittance check. I i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. 'Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days: i { Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding, this invoice. Interest at a rate of 1.5 %` per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED A. NAGIN GALLOP FIGUEREDO1' Attorneys &'Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -094 Finance Director Officer Darby Wagner Arbitration City of South Miami 6130 Sunset Drive Statement No. 13091 r City of South Miami, FL 33143 Amount Hours 01/10/2003 EAB Telephone conference with Captain Ross and prepared 0.30 52.50 memorandum on settlement agreement deadlines. i 01129/2003 MDS Telephone conferences with Mr. Tucker in regards to reinstating 1.20 210.00 Officer Wagner. Evaluated Mr. Tucker's position. Telephone conferences' with Captain Ross in regards to reinstating Officer Wagner. Drafted e-mail to interim City Manager in regards to reinstating Officer Wagner. 01/30/2003 MDS Client conference. 1.00 175.00 I Total Professional Services '4 437.50 I Rate Summary Eve A. Boutsis 0.30 hours at $175.00/hr 52.50 C Mlchae I D . Sp iv ck 2.20 hours at 175.00/hr 385.00 Total hours:` 2.50" Expenses Legal research 36.64 h Sub -total Expenses: 36.64 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding, this invoice. Interest at a rate of 1.5 %` per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -094 Statement No.: 13091 Page: 2 For Professional Services 437.50 For Disbursements Incurred 36.64 Current Balance: 474.14 Previous Balance:. ' 4,567.50 Payments Thank you 0.00 Total Due 5,041.64 To be properly credited, please indicate Statement Number on your remittance check. e - _ i - I i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 177 -:11-M M11M CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0027 =095 Finance Director Lazaro D. Tabares - EEOC City of South Miami 6130 Sunset Drive Statement No. 13092 City of South Miami, FL 33143 Payments 01/09/2003 Payment Ck #39607 570.00 01/09/2003 Payment Ck #39604 773.00 Sub -total Payments: 1,343.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: .1,928.00 Payments - Thank you 1,343.00 Total Due 585.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received: within 30 days: .v ';_.?»°-' F,;, ..,- �-,-A- •"- •- -.,.,°:;,- .. z.,i „,-T ,-,;;tea 117FUT .5.z CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 H'akeem Oshikoya Matter ID: 0022 -096 Finance Director Darby L. Wagner - EEOC Claim f City of South Miami 6130 Sunset Drive Statement No. 13093 City of South Miami, FL 33143 Hours Amount I 01/08/2003 EAB Attention to file; meeting with Capt. Ross, Interim City Manager 1.00 175.00 Sandy Youklis, and Ms. Navarro regarding reinstatement of Wagner. ,a 01/13/2003 EAB Drafted letter to Wagner's counsel regarding reinstatement. 0.30 52.50 { Total Professional Services 227.50 li G. C Rate Summary Eve A. Boutsis 1.30 hours at $175.00/hr 227.50 Total hours: 1.30 h - i Payments 01/09/2003 Payment Ck #39604 157.50 Sub- total Payments: 157.50 , '1 f; i l j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 1 r i Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -096 Statement No.: 13093 Page: 2 For Professional Services 227.50 For Disbursements Incurred 0.00 Current Balance: 227.50 , Previous Balancer 157.50 Payments - Thank you 157.50 Total Due 227.50 �I f' To be properly credited, please indicate Statement Number on your remittance check. l k t J r r { i I j I i; Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a '.j rate of 1.5% per month will be charged if payment is not received within 30 days. 1 .s CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6 2003 Hakeem Oshikoya Matter ID: 0022 -101 Finance Director Hampton Pre - Determination City of South Miami 6130 Sunset Drive Statement No. 13094 City of South Miami, FL 33143 Amount Hours 01/06/2003 MDS Reviewed Notice of Appeal filed by attorney Andrew DeGraffenreidt 0.10 17.50 on behalf of Mr. Hampton seeking review of Appeals Referee's finding of discharge for misconduct. Left telephone message for Assistant State Attorney Mark Smith in regards to status of his investigation of possible perjury by inconsistent statements by Mr. Hampton. 01/07/2003 MDS Instructed Ms. Jester to contact client, make them. aware of Notice 0.10 17.50 of Appeal, and contact the firm as soon as the client receives any further notification. 01/09/2003 EAB Attention to Hampton file; prepared letter to Mr. DeGraffenreidt 2.70 472.50 regarding location of arbitration, request for his position statement, and copies of subpoenas; telephone conference with Ms. Navarro regarding availability for arbitration; meeting with Mr. Spivack regarding witnesses and documents necessary for arbitration; telephone conference with Mr. Scurr regarding his availability as - witness, and drafted letter to arbitrator providing update information; and analysis `'of evidence in order to prepare authentication documents. 01/09/2003 MDS Prepared for arbitration hearing. 0.50 ` 87.50 01/13/2003 EAB Attention to Hampton file, prepared request to AAA for copy of 0.30 52.50 petition or complaint, and telephone conference with Mr. Scurr confirming his availability on 1/28 to attend arbitration. ' 01/13/2003 JMP Picked up package from CSM City Hall: 0.75 15.00 01/13/2003 JMP Took documents to CSM to get sealed and certified. 0.75 15.00 01/17/2003 EAB Attention to Hampton predetermination, issuance of subpoenas, 0.40 70.00 scheduling, and coordinating interviews of witnesses in preparation for arbitration hearing. 01/17/2003 MDS Client conferences in regards to arbitration of this matter. Review of 1.80 315.00 evidence in regards to arbitration of this matter. Analyzed arbitration strategy for this matter. Prepared letter to American Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% s. a er month will be charged if payment is not received within 30 days. P 9 PY Y Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -101 Statement No.: 13094 Page: 2 Arbitration Association in regards to possible conflict by arbitrator. 01/2112003 EAB Telephone conferences with Commissioner Bethel, and Chief 1.00 175.00 Watson regarding subpoenas issued by Mr. Hampton in anticipation of arbitration; analysis of file and prepared memorandum to file. 01/21/2003 EAB Analysis of Hampton unemployment file, appeal deadlines, and 1.00 175.00 drafted memorandum on deadlines. 01/21/2003 MDS Prepared for arbitration hearing. 0.60 105.00 01/23/2003 MDS Telephone conferences with assistant to Mr. DeGraffenreidt in 0.30 52.50 regards to continuation of Hampton arbitration. 01/24/2003 MDS Preparation for arbitration hearing. Retrieved voice mail from 5.60 980.00 opposing counsel. Client conference in preparation for arbitration " hearing. 01/27/2003 MDS Telephone conference with opposing counsel in regards to 0.10 17.50 continuance of arbitration. Total Professional Services 2,567.50 - Rate Summary Eve A. Boutsis ; 5.40 hours at $175.00/hr 945.00 Jennifer M. Penichet 1.50 hours at $ 20.00 /hr 30.00 Michael D. Spivack 9.10 hours at $175.00/hr 1,592.50 Total hours: 16.00 Expenses Mileage 12.00 01/17/2003 Arbitrator Fee - October 15, 2002 - Initial 175.00 Administrative Fee 01/31/2003 Arbitrator Fee - American Arbitration 175.00 Association Fee Sub -total Expenses:' 362.00 Payments 01/09/2003 Payment Ck #39607. 2,565.00 01/09/2003 Payment Ck #39604 80.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -101 Statement No.: 13094 Page: 3 Sub -total Payments: 2,645.00 For Professional Services 2,567.50 For Disbursements Incurred 362.00 Current Balance: 2,929.50 Previous Balance: 3,372.30 Payments - Thank you 2,645.00 Total Due 3,656.80 To be properly credited, please indicate Statement Number on your remittance check. i I f I i i i i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. ' Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, _w;-P 3. 'T. .ce` 1•w . ,ate-_'- �-�µ?.'"'�- ^'I'�;"n;�, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -103 Finance Director Forfeiture of 1991 Nissan Sentra City of South Miami 6130 Sunset Drive Statement No. 13095 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: _ 3.00 Payments - Thank you 0.00 Total Due 3.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -105 Finance Director National City Mtg. Co. vs. City of South Miami 6130 Sunset Drive Statement No. 13096 City of South Miami, FL 33143 Expenses Mileage 3.00 Sub -total Expenses: 3.00 Payments 01/16/2003 Write -off Write Off Per EAB 15.00 Sub -total Payments: 15.00 For Professional Services 0.00 For Disbursements Incurred 3.00 Current Balance: 3.00 i Previous Balancer 15.00 Payments - Thank you 15.00 Total Due 3.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, `- CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPa Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -112 Finance Director Forfeiture of 1987 Cadillac Sedan City of South Miami 6130 Sunset Drive Statement No. '13097 City of South Miami, FL 33143 Expenses Parking Charge 6.00 Mileage 3.00 Sub -total Expenses: 9.00 For Professional Services: 0.00 For Disbursements Incurred 9.00 Current Balance: 9.00 Previous Balance: ` 65.00 Payments - Thank you 0.00 Total Due 74.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Atiorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351` Hakeem Oshikoya February 6, 2003 Matter ID: 0022 -113 Finance Director Forfeiture of 1991 Nissan 300zx City of South Miami 6130 Sunset Drive Statement No. 1309$ City of South Miami, FL 33143 For Professional Services ' 0.00 For Disbursements Incurred 0.00 Current Balance; 0.00 Previous Balance: 150.00 Payments - Thank you 0.00 Total Due 150.00 To be properly credited, please indicate Statement Number on your remittance check. I Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGVEREDORA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID 0022 -115 Finance Director Ocean Federal Bank v. City of South Miami 6130 Sunset Drive Statement No. 13099 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements incurred 0.00 Current Balance: 0.00 Previous Balance: 45.00 Payments Thank you 0.00 Total Due 45.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133' Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 6, 2003 Matter ID: 0022 -117 Finance Director HSBC Mortgage Corp. v. Elsa City of South Miami. 6130 Sunset Drive Statement No. 13100 City of South Miami, FL 33143 Payments 01/09/2003 Payment Ck #39604 45.00' 01/09/2003 Payment Ck #39607 420.50 Sub -total Payments: ; 465.50 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 _ Previous Balance: 465.50 Payments -Thank you 465.50 p i Total Due 0.00 ,I I To be properly credited, please indicate Statement Number on your remittance check. 7 i �I li I Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a �I rate of 1.5% per month will be charged if payment is not received within 30 days. y 171'771177777M-77 ...r3. . -, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED A. - NAGIN GALLOP FIGUEREDOI' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133' Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -118 Finance Director Forfeiture of 1994 Chevy Tracker City of South Miami 6130 Sunset Drive Statement No. 13101 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balances 825.00 Payments -Thank you 0.00 Total Due 825.00 s To be properly credited, please indicate Statement Number on your remittance check. a �I 1 1 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at 'a rate of 1.5% per month will be charged if payment is not received within 30 days.' j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. — ., r �, — T CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED I j NAGIN GALLOP FIGUEREDO1'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133' Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 February 6, 2003 H akeem Oshikoya Matter ID: 0022 -119 Finance Director Deborah Benfield Arbitration i City of South Miami 6130 Sunset Drive Statement No. 13102 City of South Miami, FL 33143 I Amount Hours 01/06/2003 EGG Reviewed correspondence from Mr.Milan regarding Benefield 0.10 17.50 arbitration. 01/15/2003 EAB Attention to file; forwarded list of arbitrators to Mr. Youkilis, 0.20 35.00 coordinated; meeting with Mr. Youkilis to select arbitrators; drafted t public record request for certified copy of documents needed for I' arbitration to City of Coral Gables. 01/15/2003 SS Conducted legal research and Internet database research on 1.60 104.00 'j potential arbitrators at Ms. Boutsis' request. 01/17/2003 EAB Attention to file and selection of arbitrator. 0.40 70.00 01/17/2003 MDS Client conferences in regards to arbitration of this matter. Review of 3.80 665.00 evidence in regards to arbitration of this matter. Analyzed arbitration strategy for this matter. Analyzed resumes of potential' arbitrators. Prepared letter to American Arbitration Association in regards to listing of potential arbitrators. Prepared memorandum regarding settlement of matter: 01120/2003 EGG Final preparation of memo to citycomm'n. regarding benefield 0.50 87.50 arbitration; evaluated settlement possibilities. 01/29/2003 EAB Telephone conference with Angela of AAA regarding' arbitration 0.30 52.50 hearing date. Total Professional Services 1,031.50 Rate Summary Eve A. Boutsis 0.90 hours at $175.00 /hr 157.50 ;a Earl G. Gallop 0.60 hours at $175.00/hr 105.00 Susan Snavely 1.60 hours at $ 65.00 /hr 104.00 Michael D. Spivack 3.80 hours at $175.00 /hr 665.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. — ., r �, — T Nagin Gallop Fgueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -119 Statement No.: 13102 Page: 2 Total hours: 6.90 Expenses 01/21/2003 Arbitrator Fee - Termination of Deborah 175.00 Benefield - Date of Initial Administrative Fee - Oct. 3, 2002 C Sub -total Expenses: 175.00 Payments 01/09/2003 Payment Ck #39607 840.00 01/09/2003 Payment Ck #39604 1,155.00 Sub -total Payments: 1,995.00 a For Professional Services 1,031.50 i For Disbursements Incurred 175.00 Current Balance: 1,206.50 ' Previous Balance: 2,765.00 Payments - Thank you 1,995.00 Total Due 1,976:50 i To be properly credited, please indicate Statement Number on your remittance check. 1 l Payment is I due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. i1 3 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOI'A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -120 Finance Director Downtown improvement project City of South Miami 6130 Sunset Drive Statement No. 13103 City of South Miami, FL 33143 Hours Amount 01/03/2003 EGG Telephone conference with Mr. Lawson regarding status of 0.10 17.50 i engagement and further handling needs. Total Professional Services 17.50 F s Rate Summary I Earl G. Gallop 0.10 hours at $175.00/hr 17.50 r Total hours: 0.10 Payments 01/09/2003 Payment Ck #39604 600.00 01/09/2003 Payment Ck #39607 262.50 Sub -total Payments: 862.50 { 1 { e Payment is due upon receipt._ Please notify us within 10 days of receipt of any questions you have regarding this invoice Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i i Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -120 Statement No.: 13103 Page: 2 For Professional Services 17.50 For Disbursements Incurred 0.00 Current Balance: 17.50 Previous Balancer 1,230.00 Payments - Thank you 862.50 I Total Due 385.00 i To be properly credited, please indicate Statement Number on your remittance check. 4 i i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days, 3 it - 1 I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -121 Finance Director Wells Fargo Home Mtg. v. Fiallo, City of South Miami 6130 Sunset Drive Statement No. 13104 City of South Miami, FL 33143 Payments 01/0912003 Payment Ck #39604 19.00 01/09/2003 Payment Ck #39607 135.00 S Sub -total Payments: 154.00 i For Professional Services 0.00 it For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 244.00 Payments - Thank you 154.00 Total Due 90.00 To be properly credited, please indicate Statement Number on our remittance check. 1 y 'i 3 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i i 1 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED P. NAGIN GALLOP FIGVEREDO� Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem Oshikoya Matter ID: 0022 -122 Finance Director City of South Miami Wells Fargo v. Gomez and CSM 6130 Sunset Drive Statement No. 13105 City of South Miami, FL 33143 I Payments 01/09/2003 Payment Ck #39607 150.00 Sub -total Payments: 150.00 I For Professional Services 0.00 h For Disbursements Incurred 0.00 Current Balance; 0.00 j Previous Balance: 180.00 Payments - Thank you 150.00 I li Total Due 30.00 - { j li To be properly credited, please indicate Statement Number on your remittance check. III ill 1 11 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i i li is �„�`,�'W:a, `.i F,;-w• ., .. S . _ e .. M-7 7P 77 „m ...x.['�u. .a t... "s.- ":.;. ,�i��s3T�8dw? 'F'S- ;�-r.K 4'a�x�.•" CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO'A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 31, 2003 Hakeem Oshikoya Matter ID: 0022 -123 Finance Director Labor - PBA Police Lieutenants City of South Miami 6130 Sunset Drive Statement No. 13214 City of South Miami, FL 33143 Amount Hours 1/3/2003 EGG Telephone conference with labor counsel regaridng consent 0.20 35.00 i election agreement. 1/6/2003 EGG Telephone conference with Mr. Axelrad, PBA counsel, regarding 0.20 35.00 stipulation for consent election and to avoid evidentiary hearing on j appropriateness of bargaining unit. 1/8/2003 EGG Revised stipulation and agreement to consent election prepared by 2.40 420.00 PBA counsel; revised consent election' form; telephone conferences with chief Watson to review factual accuracy of I stipulation and with Mr. Axelrad, PBA counsel regarding same. 1/9/2003 EGG Final preparation of preparation of stipulation to consent election; 1.10 192.50 assemblly of exhibits and delivery to Mr. Axelrad for filing with ' PERC. 1/13/2003 EGG Reviewed order of hearing officer cnacelling evidentiary hearing. 0.10 17;.50 1/13/2003 EGG' Telephone conference with Mr. Axelrad and request by hearing 0.20 35.00 a officer for additional information regarding number of officers in i different classifications and distinctions between functions of ass't. Y chiefs and lieutenants and sergeants. 1/15/2003 EGG Reviewed proposed amended response to petition with particular 0.50 87.50 attention to allegations supporting exempt classification of ass't police chiefs; telephone conference with labor counsel and email to chief Watson regarding need for affidavit and subject matter to be addressed. 1/21/2003 EGG Telephone conferences with chief Watson and labor counsel 0.50 87.50 regarding preparation of affidavit concerning exempt positions of assistant police chief and attention to,possibliy exempt position of captian who performs internal affairs investigations: 1/21/2003 EGG Telephone conferences with Andrew Axelrad, PBA attorney, and 0.90 157.50 labor counsel regarding exempt classifications for IA personnel, fragmentation of bargaining units and establishment of managerial exemption' for assi't. chiefs. 1 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a i i rate of 1.5% per month will be charged if payment is not received within 30 days: ...x.['�u. .a t... "s.- ":.;. ,�i��s3T�8dw? 'F'S- ;�-r.K 4'a�x�.•" Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -123 Statement No.: 13214 Page: 2 1/27/2003 EGG Telephone conference with chief Watson and Mr. Stokes regarding 0.60 105.00 IA functions and preparation of affidavit for chief concerning managerial nature of ass't. police chiefs and IA officers. 1/30/2003 EGG Telephone conference with Mr. Stokes regarding structure of 0.20 35.00 bargaining units and IA investigative exemption; gave further handling directions to Mr. Stokes. Total Professional Services 1,207.50 Rate Summary Earl G. Gallop 6.90 hours at $175.00/hr 1,207,50 Total hours: 6.90 Expenses Mileage 2.50 Sub -total Expenses: 2.50 For Professional Services 1,207.50 For Disbursements Incurred 2.50 Current Balance: 1,21.0.00 Previous Balance; 557.50 Payments - Thank you 0.00 Total Due 1,767.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 2003 Hakeem:Oshikoya Finance ,Director Matter ID: 0022 -124 City of South Miami Maria Anduiza EEOC Claim 6130 Sunset Drive - Statement No. 13107 City of South Miami, FL 33143 Hours Amount 01/04/2003 EAB Telephone conference with Mr. Sandy Youklis regarding this matter 0.30 45.00 and prepared short memorandum to file; and requested second extension from opposing counsel. 01/08/2003 EAB Attention toile, analysis of personnel file; meeting with Ms. 2.00 300.00 Navarro and Mr. Youklis, interim city manager, regarding possible settlement offer to Ms. Anduiza; and drafted letter to Mr. Dana Gallup issuing city's decision not to make offer to Ms. Anduiza 01/30/2003 EAB Telephone conference with Ms. Navarro regarding Mr. Gallup's 1.00 150.00 public record request for city's whistleblower procedures; analysis of Florida Whistleblower act and ability of city to enact an administrative whistelblower process and policy; prepared' memorandum to file; and drafted letter to Mr. Gallup. Total Professional Services 495.00 Rate Summary Eve A. Boutsis 3.30 hours at $150.00 /hr 495.00 Total hours: 3.30 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30'days: Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -124 Statement No.: 13107 Page: 2 For Professional Services 495.00 For Disbursements Incurred 0.00 Current Balance: 495.00 Previous Balance: 45.00 Payments - Thank you 0.00 Total Due 540.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ry s R CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDO1'� Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 6, 20 Hakeem Oshikoya 03 Finance Director Matter ID: 0022 -125 City of South Miami John Hampton EEOC Claim 6130 Sunset Drive Statement No. 13108 City of South Miami, FL 33143 Hours Amount 01/24/2003 EAB Analysis of Hampton personnel file; telephone conference with Mr. 2.50 437.50 Martinez, and began drafting position statement. 01/27/2003 EAB Continued drafting position statement. 2.50 437.50 01/30/2003 EAB Drafted letter to EEOC investigator requesting extension of time 0.20 35.00 until March 14, 2003 to provide position statement and responses to request for information. Total Professional Services` 910.00 Rate Summary Eve A. Boutsis 5.20 hours at $175.00/hr 910.00 Total hours: 5.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -125 Statement No.: 13108 Page: 2 For Professional Services 910.00 For Disbursements Incurred 0.00 Current Balance: 910.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 910.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5381 February 6, 2003 H akeem Dshikoya Matter 1D 0022 -126 Finance Director Deborah Benfield EEOC Claim City of South Miami 6130 Sunset Drive Statement No. 13109 City of South Miami, FL 33143 Amount Hours 01130/20,03 EAB Drafted letter to EEOC investigator requesting extension of time 0.20 35.00 until March 14, 2003 to provide position statement and responses to request for information. Total Professional Services 35.00 Rate Summary Eve A. Boutsis 0.20 hours at $175.00/hr 35.00 Total hours: 0.20 For Professional Services 35.00 For Disbursements Incurred 0.00 Current Balance: 35.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 35.00 To be properly credited, please indicate Statement Number on',your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. of CS, o U Tb CITY OF SOUTH MIAMI South 'Vii Excellence, Integrity, Inclusion y i INCORPORATED 1927 9. �QROP 2001 TO: Honorable Mayor, Vice Mayor DATE: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No Acting City Manager Historic Preservation Board RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH ` MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING MARICE CHAEL TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR A TWO YEAR TERM ENDING FEBRUARY 18, 2005, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND `'QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution, sponsored by Mayor Feliu, appoints Marice Chael to the Historic Preservation Board for a two year term, ending Feb.' 18, 2005, or until' a successor is appointed and qualified. RECOMMENDATION Approval Attachments: SAY/RL (Dept Director's initials) .�,F ..+�.m,�= .. 90 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; APPOINTING MARICE CHAEL 6 TO SERVE ON THE HISTORIC PRESERVATION BOARD FOR 7 A TWO YEAR TERM ENDING FEBRUARY 18, 2005, OR 8 UNTIL A SUCCESSOR IS DULY APPOINTED AND 9 QUALIFIED; PROVIDING AN EFFECTIVE DATE. 10 I I WHEREAS, The Mayor and City Commission recognize the important 12 contributions made by those who serve on the various city boards and committees, 13 and wish to appoint a full complement to each of the active boards and 14 committees; and 15 16 WHEREAS, the Mayor and City Commission desires to appoint Marice 17 Chael to serve on the Historic Preservation Board until February 18, 2005 or until 18 a successor is duly appointed and qualified. 19 20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 22 23 Section 1. The City Commission hereby appoints Marice Chael to serve 24 on the Historic Preservation Board. 25 26 Section 2. The expiration date of those appointments shall expire 27 February 18, 2005 or until a successor is duly appointed and qualified. 28 29 Section 3. , This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 18 Commission Vote: 3-9 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Bethel: 42 CITY ATTORNEY Commissioner Wiscombe: 43 Commissioner McCrea: 44 Additions shown by underlining and deletions shown by ever4riking. Feb -12 -03 12:36P Dover, Kohl & Partners h"Nr rN, 0 �4 1 { CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305 - 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: lease Ant) 2. Home Address: 3. Business Address: 4. Home Phone No, Business Phone No. 3a ax No. 5. E -mail Address: Ak e,& 441 j9 t4 eftWvr Qt*J1AA, 6, Education Background: i �] a ��, 1� ►e , i� f ®l ', wo 8 No Are you a registered voter? Yes 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. I am interested in serving on the following board(s) /committee(s): First choice Second choice Thh-d choice Fourth choice Signature Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8102 ,�..��- ��.�.;� --�- _:�, a- ,��.�,�•,�,„ ,ter, s.. Feb -12 -03 12:36P Dover, Kohl & Partners 305 666 0360 P.01 CHAEL, COOPER & ASSOCIATES PA. architecture in affiliation with DOVER, KOHL & PARTNERS F A X T R A'N S M I S S I O N Please see that the person listed below receives this fax message immediately. TO: CO: FAX: t FROM: TIME: U DATE:, NO. PAGES: Z ( including this cover sheet) r 04 00U7'y CITY OF SOUTH MIAMI South ��iiarr It h6 "All Al CRY Excellence, Integrity, Inclusion • INCORPORATED •.. 1 927 � O RTp 2001 TO: Honorable Mayor, Vice Mayor DATE; February 18, 2003 & City Commission FROM:; Sanford A. Youl lis ITEM No Acting City Manager Commission For Senior Citizens Appt. RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ` BOARDS AND COMMITTEES; APPOINTING ELEANOR HARRIS TO SERVE FOR A TWO YEAR TERM ENDING FEBRUARY 18, 2005, TO THE COMMISSION FOR SENIOR CITIZENS; PROVIDING AN EFFECTIVE` DATE. BACKGROUND &`ANALYSIS The attached resolution, sponsored by Mayor Feliu, appoints Eleanor Harris to the Commission For Senior Citizens for a two year term, ending Feb. 18, 2005, or until a successor is appointed and qualified, RECOMMENDATION Approval Attachments: SAY/RL (Dept Director's initials) 4 „tom, :n- •- ,R,r�� - �, , -°-, . _..� -°� >. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; 5 APPOINTING ELEANOR HARRIS TO - SERVE FOR A TWO YEAR TERM ENDING' 6 FEBRUARY 18, 2005, TO THE COMMISSION FOR SENIOR CITIZENS; 7 PROVIDING AN EFFECTIVE DATE, S 9 WHEREAS, the Mayor and City Commission of the City of South Miami recognize the 10 important contributions made by those who serve on the various City boards and committees, and wish to 1.1 appoint a full complement to each of the active boards and committees; and 12 13 WHEREAS, the Mayor and City Commission has determined that nearly a quarter of the 14 population of the City of South Miami is over 60 years old; and while -the majority of these are in good 15 health and are economically self - sufficient, there is a significant number in need of special services, but 16 whose needs are often not identified; and 17 18 WHEREAS, Ordinance No. 13 -01- -1744, adopted June 12, 2001, created the Commission For 19 Senior Citizens to serve in an advisory capacity to the Mayor and City Commission by making 20 investigations, studies,',' reports and recommendations in respect to all matters pertaining to the status of 21 senior citizens (ages 60 and over) in the City of South Miami including but not limited to health, living; 22 conditions, recreation, sources of information, exposure to crime, general safety, transportation, 23 availability of employment and discrimination and responsiveness of government to the needs of such 24 citizens; and 25 26 WHEREAS, the Mayor and City Commission desire to appoint Eleanor Harris for a two -year 27 term ending February 18, 2005, to the Commission For Senior Citizens: 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI, FLORIDA; 31 32 Section 1. The City Commissioner hereby appoints Eleanor Harris for a two -year term 33 ending February ' 18, 2005, to the Commission For Senior Citizens. 34 35 Section 2. This resolution shall take effect immediately upon approval. 36 37 38 PASSED AND ADOPTED this day of , 2003: 39 40 41 ATTEST: APPROVED 42 43 44 CITY CLERK MAYOR 45 46 Commission Vote: 47 READ AND APPROVED AS TO FORM: Mayor Feliu: 48 Vice Mayor Russell: 49 Commissioner Bethel; 50 CITY ATTORNEY Commissioner Wiscombe: 51 Commissioner McCrea: 52 Additions shown by underlining and deletions shown by everstt king. avnur ivi41ASu. F 1 o r d■ : C/Ty Ole SOUTH AIIAM/ BOARPICOMM /TTEE, APPS, /CATION 6130 Sunset Drive Phone No. 305 -663 -6340 .S'ourh 114iam4 FL 33143 Fax NoL 305- 663 -6308 1- Name: - �.. C,4 -AL-0e, 2. Horne Address: (Please print) 74�b"7 3. Business Address 4. biome Phone No. Business Phone No. 5. E- mail Address: Fax No, 6. Education BackEround: 7. Community Service: 8. Are you a registered voter? Yes VX 9. Are you a resident of the City? Yes f 10. Do you have a business in the City? Yes f OIL/ 11. Ethnic Origin? White Non- HispanicZAfrican American Hispanic American 12. I am interested in serving on the following board(sycommittee(s): No No No Other 04 s o U, CITY OF SOUTH MIAMI South Miami Excellence, Integrity, Inclusion ^ • INCORPOWMEO CoR p 2.001 ' TO: Honorable Mayor, Vice Mayor DATES February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No Acting City Manager Commission For Women Appt: RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH :MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING SANDY PAGE TO SERVE. ON THE COMMISSION FOR WOMEN FOR A TERM ENDING FEBRUARY 18, 2005 OR UNTIL A SUCCESSOR I5 APPOINTED AND DULY!QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution, sponsored by Mayor Feliu, appoints Sandy Page to the Commission For Women for a two year term, ending Feb. 18, 2005, or until a successor is appointed and qualified RECOMMENDATION Approval Attachments: SAY/RL (Dept Director's itmials), 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; APPOINTING SANDY PAGE TO SERVE ON THE 6 COMMISSION FOR WOMEN FOR A TWO YEAR TERM ENDING 7 FEBRUARY 18, 2005 OR UNTIL A SUCCESSOR IS APPOINTED AND 8 DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The Mayor and Commission recognize the important 12 contributions made by those, who serve on the various city boards 13 and committees, and wish to appoint a full complement to each of 14 the active boards and committees; and 15 16 WHEREAS, the City Commission desires to appoint Sandy Page 17 to serve for a two year term on the Commission- For Women. This 18 appointment shall expire February 18, 2005 or until - a successor 19' is duly appointed and qualified:. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22' COMMISSION` OF THE CITY OF SOUTH 'MIAMI, FLORIDA: 23' 24 Section 1. The City Commission hereby appoints Sandy 25' Page to the Commission For Women. 26 27 Section 2. The expiration date of this appointment shall 28 expire February 18 2005 or until a successor is duly appointed 29' and qualified, 30 31 Section 3._ This resolution shall take effect immediately 32 upon approval. 33 34 35 PASSED AND ADOPTED this day of , 2003. 36 37 38 ATTEST* APPROVED 39 40 41 42 CITY CLERK MAYOR 43 44 45 READ AND APPROVED AS TO FORM: COMMISSION VOTE :. 46 Mayor Feliu: 47 Vice Mayor Russell: 48 CITY ATTORNEY Commissioner Bethel: 49 Commissioner Wiscombe 50 Commissioner McCrea: 51 FROM : SANDY PAGE PHONE NO. 3056690488 Oct. 02 2002 11:3eAM P1 F' 1 0 1, i 11 n I� °ro" toss 1 a y 4ArkiCs CRY � tl1 � `11 1 I Pf7 n1 i ,d r 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 Swath Miami, FL 3.143 Fax No. 305- 663 -6348" 1. Name: GL.YI a (A Tacke_ (PIease print) 2. Home Address: o �7 W_ 514 Lo-n °u S, H (a_rn'i FL 33)55— 3.. Business Address: 4. Home Phone No. ,365- q - a q9 $ Business Phone No Fax No. 5. E -mail Address: j� ( YY1► cam t . �[ , 6. Education Background: 7 I YA bqA U1 t o �L 8 1? wLm 1 S E? 7. Community Service: , / � u 6 A V o +e.v' S � o� e Y m�? dVL� �� r .&-LnA r o �cc.v� 'act. as 8. Are you a registered voter? Yes No 9. Are you it resident of the City? Yes 1"", No 10. Do you have a business in the City? - Yes No 11. Ethnic Origin? White Non - Hispanic African American � Hispanic Americans Other Signature Date / Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 r FROM SANDY PAGE PHONE NO. 3056690488 Oct. 02 2002 11:38AM P2 SANDRA A. PAGE 6620 SW 54 Lane, South Miami, FL 33155 305- 669 -0488 _ spage(omiami.edu SUMMARY Creative professional with extensive experience in career development, customer relations, organizational training, events management, publication editing and community relations. Consistent record of encouraging innovation and solving complex issues through use of creative /collaborative methods; Extensive travel in other countries, interest in intercultural communication. Customer - focused leader with outstanding written and oral communication shills. Bilingual (English and Spanish). Areas of strength include: Formal Presentations Problem Solving Teamwork Communication Organization Training Public Speaking Marketing Events'Managernent PROFESSIONAL EXPERIENCE DBM/THOMSON CORPORATION, Miami, FL 1998 - present (Leading global provider of .strategic HR solutions specializing in career transition services) Certified Career Consultant Deliver �)ne -, two -, and three -day Career Continuation Workshops in on -site, off -site and office settings • Assist clients with resume production and job - seeking strategies: • Selected to be part of a team to increase client participation in DBM career transition programs by developing systern to track cliew. contact. Achieved 25% increase in client engagement within 6 months in Florida offices. • Member of executive team to provide support for managers of five company Career Centers.' Developed and implemented an automated scheduling system. Recipient of the DBM Dynamic Team "PRIDE" Award. • Managed client support activities and consultant class schedules for over 120 rotating consultants in. career center. Delivered out - placement services to over 2500 clients within a highly structured timeline. • Developed and delivered outplacement workshops for Spanish - speaking factory workers in New England and Midwest. PAGE AND ,ASSOCIATES, Miami, FL 1994 present Principals and Owner • Provide freelance editing, writing, consulting, and event management. Clients have included Society for Laparoendoscopic Surgeons, Planned Parenthood, Vitas Healthcare, University of Miami, and individuals. • Train clients in sales, sales management, and human relations skills. • Contracted by Cendant Mobility as ESOL instructor for Venezuelan client. FROM : SANDY PAGE PHONE NO. 3056690488 Oct. 02 2002 11:39AM P3 Sandra Page; Resume, Page 2 A.T. KEARNEY EXECUTIVE SEARCH, INC., Miami, FL 1997 -1998 Consultant • Strategized searches with vice - president; identified and developed candidates for positions in client companies. Worked with Latin American and domestic searches, in diverse fields such as telecomm.unica:t.i�zns, engineering, entertainment, apparel and transportation logistics. CARROLLTON SCHOOL OF THE SACRED HEART, Miami, FL 1992 -1994 (A private Catholic girls' school, Kindergarten through High School) Director of Institutional Advancement • Developed and implemented a comprehensive and broad -based fundraising and public relations campaign. Raised $1.2 inillion in two years. • Managed department and supervised four employees; organized and supervised activities of three volunteer groups. UNIVERSITY OF MIAMI, Coral Gables, FTC` 1985 -1992 Associate Director of Constituent Relations Assistant Director of Planned Giving Director of Development and Student Recruitment for the School of Nursing Editor of REPORTS, a School of Business Ilalumni magazine RD CTCATION /CERTIFICATIONS University of Miami, Coral Gables. FI, BA Speech Communication and General Business Management Certified Consultant, DBM, Boca Raton, FL Certified Consultant, and Trainer, Sandler Sales, Baltimore, MD OTHER SKILLS Fluent in Spanish; have lived in many countries Extensive training in intercultural communications Computer knowledge: competent in Word, Excel and data management programs Self-motivated; creative leader and manager Excellent people skills Excellent writing and editing, skills ,f;x..�;,;: �`,Fi,k "a;.?ru �,�a;�,r�,..- ,fi^ -.-� ;��,.m.�. .- �Q.•.r7°,r�!..-k..:+!, _. `7 � � ^.��^�t-,s �.€- r,..,... ;T:mrt=^u?;- ,.s ^: ,.anrc»,,.?�;"r,� .�.�_.,,.,:�.r�r,.,�zhR,: ..�:- a.= � o� s U u T� CITY OF SOUTH MIAMI South ,Miami Excellence, Integrity, Inclusion : INCORPORATED 1927 CoR p 2.101 TO: Honorable Mayor, Vice Mayor DATE: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manager RE: Commission Mtg. Limitation RESOLUTION or ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE OF. ORDINANCE; AMENDING SECTION 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME LIMITS; PROVIDING FOR SEVERABI ITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.`' BACKGROUND & ANALYSIS The attached ordinance on for second reading and public hearing, sponsored by Commission Wiscombe and co- sponsored by Mayor Feliu amends the City's Code of Ordinances to allow for meeting time limits. It provides that no meeting of the city commission shall extend later that 11:00 p.m., except upon the affirmative vote of a majority of members present at the meeting. Any and all items not considered by this limitation time period will be deferred to the next regular scheduled commission meeting. RECOMMENDATION Approval Att"hmentsc SAY/RL (Dept Director's initials) "' ��- �� -1`: �-�^Ta�;--n^r.a� �, <'+�-.. p,ee. .., ..... �� , �,�� 3= ?- ,:3E �,; v:c. -r ,��` „ >. ��;�+""�+�"`^t`$wrrrq•,..x^ '�F � ".'. irZ;" T' cr; -, .F?ta�sa.�' ..w n..,r 41 42 Additions shown by underlining and deletions shown by everstr-itcing 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE 5 OF ORDINANCE; AMENDING SECTION 2- 2.1(A) ENTITLED 6 "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO 7 ALLOW FOR MEETING TIME LIMITS; PROVIDING FOR 8 SEVEEABILITY ORDINANCES IN CONFLICT, AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami attach 12 importance to promoting inclusion, and positive community relations by bringing the total 13 community together for the betterment of the entire City; and 14 15 WHEREAS, in its endeavor to encourage more public participation, the Commission 16 desires to take an ambassadorial approach to preserving the constancy of its City Commission 17 meetings; and 18 19 WHEREAS, it is the aspiration of this commission to impose a meeting time limitation 20 of 11:00 p.m., for regular City Commission, except upon an affirmative vote of a majority of the 21 members present at that meeting. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. That Section 2 -2.1 (A) of the Code of Ordinances entitled "Rules of 27 procedure of city commission is here by amended as follows "REGULAR MEETING. 28 The City commission shall hold regular meetings at 7:30 p,m., on the first and third 29 Tuesdays of each month with the exception of the months of June and July. The City 30 Commission shall hold regular; meetings at 7:30 pm. on the first and second Tuesdays of 31 June and the last two (2) Tuesdays of July. When the day set for any regular meeting 32 falls on a day designated by law as a legal, public, national or religious holiday, such 33 meeting shall be held on the next succeeding day following such holiday. Regular 34 meetings may be otherwise postponed, cancelled or reset only by resolution adopted at a' 35 regular meeting of a majority of the entire membership of the commission. All regular 36 meetings shall be held in the commission chambers, located at cityhall. 37 38 No meeting of the city commission shall extend later that 11:00 p.m. , except upon 39 the affirmative vote of a majority of members present at the meeting. Any and all items 40 not considered by this limitatinn time nerind will he deferred to the next rPm,lnr 41 42 Additions shown by underlining and deletions shown by everstr-itcing 1 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 2 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 3 shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 3. All ordinances or parts of ordinances in conflict with the provisions 6 of this ordinance are repealed. 7 8 Section 4. This ordinance shall take effect immediately upon approved. 9 10 PASSED AND ADOPTED this day of , 2003. 11 12 ATTEST: APPROVED: 3 13 14 15 CITY CLERK MAYOR 16 17 Ist Reading 2/4/03 18 2"a Reading 2/18/03 19 COMMISSION VOTE: 20 READ AND APPROVED AS TO FORM: Mayor Feliu 21 Vice Mayor Russell: 22 Commissioner Bethel: 23 CITY ATTORNEY Commissioner McCrea: 24 Commissioner Wiscombe: � 25 1 I Additions shown by underlining and deletions shown by evefstriking. 0 1 2 3 RESOLUTION NO. 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 7 2002 -2003 FISCAL YEAR BUDGET; APPROVING AND ADOPTING 8 THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER 9 UNENCUMBERED APPROPRIATION BALANCE BETWEEN EXPENDITURE 10 ACCOUNTS WITHIN THE DEPARTMENTS AS SET FORTH IN THE 11 ATTACHED 'ITEMIZED LIST PURSUANT TO ARTICLE IV F(1) OF 12 THE CITY CHARTER AS OF THE END OF THE FIRST QUARTER OF 13 THE BUDGET YEAR ENDED SEPTEMBER 30, 2003; AND 14 AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS 15 ARE NECESSARY TO ACCOMPLISH THOSE TRANSFERS, AND TO 16 :ALLOCATE ;$90,000 RECEIVED FROM THE SOUTH MIAMI HEALTH' 17 FACILITY AUTHORITY TO VARIOUS ACCOUNTS NEEDED TO 18 ACCOMPLISH THE REINSTATEMENT OF WEEKLY TRASH PICKUP 19 PROGRAM RECENTLY APPROVED BY THE CITY COMMISSION;, 20 PROVIDING FOR AN EFFECTIVE DATE. 21 22 WHEREAS, Article IV F (1) of the charter of City of South. 23 Miami', Florida, provides for amendment of the city budget by 24 transferring any unencumbered appropriation balance between 25 expenditure accounts within the departments and 26 27 WHEREAS, the City Commission recently approved the use of 28 $90,0`00 previously unallocated funds for reinstatement of weekly „I 29 trash pickup program; and 30 31 WHEREAS, the City Manager has set forth a series of 32 recommendations in the attached itemized list to transfer 33 unencumbered appropriation balance between expenditure accounts 34 within the departments and allocate the $90,000 recently received 35 from the South Miami` Health Facilities Authority to various 36 accounts for reinstatement of weekly trash pickup. 37 38 NOW,, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI: 40 41 Section 1. That the recommendations of the City Manager be, 42 and hereby are, approved and adopted as set forth in the attached 43 itemized list to transfer unencumbered appropriation between 44 departments expenditure accounts pursuant to the City Charter as 45 of the end of the first quarter for 2002 -2003 budget year. 46 47 Section 2. That the City Manager is hereby authorized to 48 allocate the $90,000 previously unallocated funds to various 49 accounts needed to accomplish the reinstatement of weekly trash 50 pickup. 1 2 Section 3. That the City Manager be, and hereby- is, 3 authorized to take such measures as are necessary to accomplish 4 those transfers. 5 6 Section- 4. That this resolution shall take effect 7 immediately upon approval 8 9 PASSED AND ADOPTED this day of , 2003 10 11 ATTEST: APPROVED: 12 13 14 15 Ronetta Taylor, CMC Horace G. Feliu 16 City Clerk Mayor 17 18 COMMISSION VOTE: 19 READ AND APPROVED AS TO FORM: Mayor Feliu 20 Vice Mayor Russell: 21 Commissioner Bethel: 22 CITY ATTORNEY Commissioner Wiscombe: 23 Commissioner McCrea: 24 1 i I CITY OF SOUTH MIAMI 2002-2003 AMENDED BUDGET A I B D E F 1 GENERAL FUND - 001 2 OBJECT CODE -0000 3 REVENUE CODE - 03 4 5 6 ADJUSTMENTS,- AMENDED 7 ACCT. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED BUDGET 8 NO. 2002 -2003 2002 =2003 2002 -2003 9" 10 11.10 -00 IAD VALOREM TAXES $4,742,490 {$29,490 ) $4,713,000 11 11.20-00 DELINQUENT TAXES 45,000 5,000) 40,000 12; 11.21 -00 PENALTIES & INTEREST 50,000 (10,000) 40,000 13 14 TOTAL AD VALOREM TAXES $4,837,490 ($44,490)` $4,793,000 15 16' FRANCHISE TAXES 17 13.10 -00 ELECTRICITY $675,000 $25,000 $700,000 16 13.20-00 ITELEPHONE 0 0 0 19 13.40 -00 GAS 18,000 0 18,000 20 13.50 -00 CABLE T V FRANCHISE 0 0 0 21' 22 TOTAL FRANCHISE TAXES $693,000 $25,000 $718,000 23. 24' UTILITY TAX 25 14.10 -00 JELECTRICITY $875,000 $15,000 $890,000` 26 14.20 -00 ITELEPHONE 0 0 0' 27 14.30 -00 IWATER 110,000 14,000) ' 96,000 28' 14.40-00 IGAS 29,000 (2,000 ) 270000 29 30 TOTAL UTILITY TAXES $1,014,000 $1,000) $1,013,000 31 . 32- COMMUNICATION SERVICES TAX 33- 15.00 -00 UNIFIED COMM SERVICES TAX $675,000 $5,000 $680,000 34 351 TOTAL COMMUNICATION TAX $675,000 $5,000 $680,000' 36? 37 LICENSES & PERMITS 38 21.10 -00 JOCCUPATIONAL LICENSE ` $325,000 ($10,000) $315,000 - 21.20 -00 OCCUPATIONAL LICENSE-NE . 45,000 (5,000) 40,000! 40 21.30 -00 LOBBYIST REGISTRATION FEE 5,000- (3,875 ) 1,1251: 41 22.10 -00 BUILDING PERMITS 3759000 100,000 475,000: 42. PENALTIES ON OCC LICENSE 13,000' (19000) 12,000' 43; 44 ITOTAL LICENSES & PERMITS 1$76,31000 $80,125 $843,125!', 45 46 ISTATE SHARED TAXES 47 35.1041 ICIGARETTE TAX $0 $0 $0 48 35.1042 IREVENUE SHARING 292,982 0 292,982 49 145.io45 BEVERAGE LICENSE 15,000 0 15,000' 5Q 35.1048 1/2 CENT SALES TAX 625,000 (10,000 ) 615,000 51 35.49 -20 LOCAL OPTION GAS TAX 200,000 4,000) 196,000'. 52 53 TOTAL STATE SHARED TAXES $1,132,982 ($14,000 $1,118,982' 54 THIS PAGE 1S PRINTED ON RECYCLED PAPER 55 u CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET A B D E F 56 57 58 GENERAL FUND - 09 59 OBJECT CODE - 0000 60 1 REVENUE CODE - 03 61 62 ADJUSTMENTS AMENDED 63 ACCT. JACCOUNT CLASSIFICATION ADOPTED RECOMMENDED BUDGET 64 NO 2002 -2003 2002 -2003 2002 -2003 65' 66 COUNTY REVENUE 67 38.20 -00 SHARE OF CTY OCC. LICENSE $16,500 ($1,500) $15,000 68 69' TOTAL COUNTY REVENUE $16,500 $1,500 $15,000 701 1 71 IGENERAL CHARGES 72 41.20-00 ZONING HEARING FEES $9,000 $0 $9,000: 73' 41.30 -00 ENV REV &PRESV'BR FEE ` 12,000 2,000 10,000 74 41.40 -00 MICROFILM SALES 3,500 500 3,000 75 41.90 -10 B &;Z REINSPECTION FEES 9,000 2,000) 7,000` 76 41.90 -30 CERT. OF USE/OCCUPANCY 45,000 15,000) 30,000! 77 41.90 -40 CODE ENFORCEMENT FINES 80,000 25,000) 55,000' 78 79 ITOTAL GENERAL CHARGES $158,500 ($44,500) $114,000 80 81; PUBLIC SAFETY 82 42.10 -10 POLICE SERVICES' $50,000 ! $22,740 $72,740 83: 42.10 7-11 POLICE EXTRA DUTY 0 0 0 84 85 TOTAL PUBLIC SAFETY $50,000 $22,740 $72,740 86 87 1 PHYSICAL CHARGES 88 43.41 -00 SOLID WASTE CHARGES $15,000 $2,500) $12,500 89 43.41 -50 CNTY SOLID WASTE SURCHG $0 $910 $910 90' 43.42 -00 HAULERS PERMIT FEES 170,000 30,000 200,000 91 92 TOTAL PHYSICAL CHARGES $185,000 $28,410 $213,410 93 94 PARKING SYSTEM 95' 44.51 -00 PERMITS $45,000: $0 $45,000 96 44.52 -00 METER FRANCHISE FEES 1,134,180 (4,180 ) 1,130,000 97 44.52 40 VALET PARKING I 14,000 (1,000) 13,000 98 44.53=00 VIOLATIONS COLLECTIONS 500,000 '' 0 500,000 99 44:54 -00 1 PARKING METER CASH KEY 10,000 2,000 12,000 100 101 IGROSS PARKING REVENUE $1,703,180 ($3,180) $1,700,000' 102 less parking contract Me ($199,820 ) 0 (199,820) 103 104 NET PARKING REVENUE $1,503;360 $3,180) $1,500,180 105 106 RECREATION FEES 107 47.26 -01 TENNIS MEMBERSHIPS -RES. $700 $0 $700 108 47.2640 TENNIS MEMBERSHIP- NON -RE ` 9,000 0 9,000 109 47.26 -20 ITENNIS COURT FEES 16,000 1,000) 15,000 110 47.26 -30 IRECREATION FEES 25,000 0 25,000 ill 112 TOTAL RECREATION FEES' $50,700: $1,000 $49,700 113 THIS PAGE IS PRINTED ON RECYCLED PAPER CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET A I B D E P 114 115 118 GENERAL FUND - 01 117 OBJECT CODE -0000 1181 REVENUE CODE - 03 1191 1 120 ADJUSTMENTS AMENDED 121 ACCT. ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED BUDGET 122 NO.' 2002 -2003 2002 -2003 2002 -2003 123, 124' FINES & FORFEITURES 125 51,12 -00 METRO COURT FINES $225,000 $35,000 $190,000' 126 54.10 -00 BURGLAR ALARM FINES 145,000 105,000) 40,000 127 54,10 -00 BURGLAR ALARM REGISTRATI 0 80,000 80,000 128 129 TOTAL FINES & FORFEITURES $370,000 ($60,000 ) $310,000' 130 131 RENTS & INTEREST 132 61,20 -00 INTEREST INCOME $150,000 ($60,000) $90,000 133 62,20 -00 RENT - FASCELL PARK 25,000 10,000 15,000' 134 62.21 -00 INSPECTION STATION 24,000 300 24,300' 135 62.30 -00 BUS BENCH ADS 9,000 (2,000 ) 7,000 1361 62.50 -00 1 RENT- C.A.A. 22,000 0 22,000' 137 62.75 -00 RENT-SOUTH MIAMI FIELD, 16,000 800 16,800: 138 62.90 -00 RENT S MIA4NT'L BASEBALL A 3,000 4,000 7,000' 139 140 TOTAL RENTS & INTEREST $249,000 ($669900) $182,100 141 142 SALES & REIMBURSEMENT 143 66.90-00 INOSP ITAL LANDSCAPE $30,000 $0 $30,000'; 144 69.30 -00 REFUND PRIOR YR'S EXP.11l O 17,500 17,500 145 69.45 -00 PROCEEDS OF HOSPITAL FINA 150,000 90,000 240,000 146 69.50 -00 REIMB. WORKERS'COMP. ` 0 10,000 10,000 147 69.52.00 REIMBSMNT- POLICE LABOR 0 300 300 148 69,54 -00 REIMBSMNT -PUB WORKS LAB 0 7,495 7,495 149 69.92 -01 MISCELLANEOUS - OTHERS: 75,000 (55,000) 20,000' 150 69.92 -20 IGRANT ADMINISTRATN- REIMB 75,000 5,000 80,000 151 69.92 -25 SUNSET DR MTCE -FDOT REIM 11,000 0 11,000 152 81.15 -00 ITRSFR FROM WATER & SEWE 250,000 0 250,000` 153 81.17 -00 TRS'FR FROM CRA TRUST FUN 150,000 0 150,000' 154 155 TOTAL SALES & REIMB. $749,000 $75,295 $816,295 156 157 158 159 ITOTAL GEN. FD REVENUES $12,439,532 $0 $12,439,532 160 161 ICASH CARRYOVER 1,260,381 127,000) 1,133,381 162 less CONTINGENCY CASHRESERYE (1,225,162) 5,833 (1,219,329) 163 164 TOTAL AVAILABLE `FUNDS' $12,474,751 $127,167 $12,353,584! 165 _ -- _ =____ ------ - - -__ ^_ - - -= - 166 THIS PAGE IS PRINTED ON RECYCLED PAPER .,�� ...-� a.=., � ,s�; ,»a ... ,r n ..`, ., cn, '.'�s't "�'v.-r-�F+^�' ,a`g��.z.�".'si .,..'��",°- .-„`4, •,. ,.bx m7`�'�i"'�a�'-'�s.'m,Fs; -ice'., '�-�. f- ,�� „'k .^�-rr. eat ,k'e. ,. ew '� �.M. n.� .� _ a "i";x. ±'. .z a:�: rFr-�" c�--g- ,y%i i r; k r r`a�, "e!�"T°Ty�y'"vtn� " '""'"; �X.s ;`.�"" .t'�:� z+'? � r�. CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET I L i 1. B C I D-----1 E 112 :GENERAL 'CITY CLERK €CITY CLERK MANAGEMENT "ACCOUNT CLASSIFICATION ` ' *-SALARIES & FRINGE: BENEFITS SALARIES & WAGES - EXECUTIVE SALARIES & WAGES - REGULAR 01 12 00 512 ADOPTED 2002 -2003 $0 91,687 ADJUSTMENTS RECOMMENDED' 2002 -2003 $0 0 AMENDED BUDGET 2002 -2003 $0 91,687 113 114 115;EXECUTIVE 116 117E 118 119: 120 121 122 123 TOTAL SALARIES & WAGES $91,687 $0 $81,687 124 125 F.1. C. A. 7,014 0 7,014 126 127 DEFERRED COMP. CONTRIBUTION GROUP HEALTH INSURANCE 4,000 8,404 0 0 4,000 8,404 128 129 TOTAL PERSONNEL SERVICES $1119105 $0 $111,105 130 131 SERVICES & SUPPLIES 132 133 CONTRACTUAL SERVICES $0 $0 $0 134 EMPLOYEE AUTO ALLOWANCE 500 0 500 135 TRAVEL & CONFERENCE 300 (300) 0 136 EDUCATION 400 (400) 0` 137 MAINT & REPAIR -COMM. EQPT. 0 0 0' 138 LEGAL AD 0 0 0 139 ELECTIONS 1,000 (1;000) 0 140 RECORDING FEES 0 0 0 141 CODIFICATIONS SUPPLIES 4,000 800 (1,000) 0 3,000 800'. 142 143 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES 400 $7,400 (150) ($2,850) 250 $4,550 144 145 146 TOTAL OPERATING EXPENSES $118,305 ($2,850) $115,655 147 148 CAPITAL OUTLAY EQUIPMENT OFFICE $0 $0 $0 149 150 151 DEPARTMENT ADJUSTMENT EQUIPMENT OPERATING 0 - 0 0 0 0 152' 153 RECORDS RETENTION 2,000 0 2,000 154 TOTAL CAPITAL OUTLAY $2,000 $0 $2,000 155 156 TOTAL EXPENDITURES $120,505 , - ($2,850) $117, 655 157 158 BUDGETED POSITIONS` 2 0 2 159 11601 RINTED ON RECYCLED PAPER I L i wok CITY OF SOUTH MIAMI 2002.2003 AMENDED BUDGET B E C D 161 :GENERAL' 01 162 €CITY MANAGER 13, 163 :CITY MANAGER 10 164 :EXECUTIVE MANAGEMENT 513 • 165 E 166E ADJUSTMENTS AMENDED 167 EACCOUNT;CLASSIFICATION ADOPTED RECOMMENDED BUDGET 168: 2002 -2003 ', 2002 -2003 2002 -2003 169 SALARIES & FRINGE BENEFITS 170 SALARIES 8 WAGES - REGULAR $227,533 ($13,442) $214,091 171 172 TOTAL SALARIES & WAGES $227,533 ($13,442) $214,091 173 174 F. I C. A. 17,406: (1,028) 16,378 1 175 GROUP HEALTH INSURANCE 22,733 0 22,735 176 177 TOTAL PERSONNEL SERVICES $267,674 ($14,470) $253,204 178 179 SERVICES & SUPPLIES 180 CONTRACTUAL SERVICES $0 $23,211 $23,211 181 AUTO ALLOWANCE 7,200 (5,400) 1,800 182 CITY MANAGER EXPENSE 500 0 500 183 TRAVEL & CONFERENCE 0 0 0 184 EMPLOYEE EDUCATION 500 (400) 100 185 REPAIR & MAINT -OPERATING EQPT 1,000 0 1,000 ' 186 NON -LEGAL ADVERTISING 0 0 0 187 SUPPLIES 3,000 (1,730) 1,270 188 MEMBERSHIPS & SUBSCRIPITIONS 1,000 (1,000) 0 189 190 TOTAL SERVICES & SUPPLIES $13,200 $14,681 $27,881 { 191 192 TOTAL OPERATING EXPENSES $280,874 $211 $281,085 193 194 CAPITAL OUTLAY 195 EQUIPMENT OFFICE $0 $0 $0 196 DEPARTMENT ADJUSTMENT 0 0 0 197 EQUIPMENT -OPERATING 0 0 0 198 199 TOTAL CAPITAL OUTLAY $0 $0, $0 200 201 TOTAL EXPENDITURES $280,874 $211 - $281,085 202 203 BUDGETED POSITIONS °- - - -_.3 -- - - - -- 0 - - - ° = =3 204 205 RINTED ON RECYCLED PAPER j a wok B C D E 206 GENERAL CITY MANAGER INTERGOVERNMENTAL' AFFAIRS EXECUTIVE MANAGEMENT ACCOUNT CLASSIFICATION- SERVICES & SUPPLIES DEPARTMENT ADJUSTMENT CONTRACTUAL SERVICES TRAVEL & CONFERENCE TOTAL SERVICES & SUPPLIES RINTED ON RECYCLED PAPER 01 13 15 513 ADOPTED 2002 -2003 0 $126,000 15,000 $141,000 -------- ADJUSTMENTS RECOMMENDED 2002 -2003 $0 (3,948) ($3,948) AMENDED BUDGET 2002 -2003 0 $126,000' 11,052 $137,052 207 206 209 210 211 212 213 214 .21S 216 217 218 219 220 221 222 223 CITY OF SOUTH MIAMI 2002-2003 AMENDED BUDGET { B I C D E 224 "GENERAL 01 13 SERVICES 20 FINANCIAL AND ADMINISTRATIVE 513 ADJUSTMENTS ; AMENDED CLASSIFICATION ADOPTED RECOMMENDED BUDGET 2002- 2003 2002 -2003 2002 -2003 & FRINGE BENEFITS' SALARIES & WAGES - REGULAR $89,584 $0 $89,584 SALARIES S WAGES -PART TIME 0 0 0 OVERTIME TOTAL SALARIES & WAGES $89,584 $0 $89,584 F.1. C. A. 6,853' 0 6,853 GROUP HEALTH INSURANCE 8,733 0 8,733 TOTAL PERSONNEL SERVICES $105,170 $0 $105,170 SERVICES & SUPPLIES CONTRACTUAL SERVICES $0 $0 $0 TRAVEL & CONFERENCE 180 (180) 0 POSTAGE 18,000 0 18,000 LEASE PURCH - POSTAGE MACHINE 4,080 0 4,080` MAINT & REP. OFFICE EQUIP 2,400 0 2,400' MAINT & REP OPERATING EQUIP 1,270 0 1,270" MAINT & REPi COMM EOPT 600 (108) 492 PRINTINGIBINDINGIPHOTO COPY 29,700 0 29,700 PRINTING CONTRACTUAL 1,500 0 1,500 SUPPLIES 20,000. 0 20,000'- UNIFORMS 370 (370) 0 MEMBERSHIPS & SUBSCRIPTIONS 225 0 225 TOTAL SERVICES & SUPPLIES $78,325 ($658) $77,667 TOTAL OPERATING EXPENSES $183,495 ($658) $182,837 CAPITAL,'OUTLAY OFFICE EQUIPMENT $0 $0 $0 DEPARTMENT ADJUSTMENT 0 0 0 OPERATING EQUIPMENT 0 0 0 TOTAL CAPITAL OUTLAY $0 $0- $0 TOTAL EXPENDITURES $183,495 ($658)' $182,837 BUDGETED POSITIONS 2 0 2 RINTED ON RECYCLED PAPER' 225 ':FINANCE 226 :OFFICE 227 228 229 230 €ACCOUNT 231; 232 °SALARIES 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 CITY OF SOUTH MIAMI 2002- 2003 AMENDED BUDGET 1. B G D E 324 !GENERAL :MANAGEMENT INFORMATION;SYST FINANCIAL AND ADMINISTRATIVE €ACCOUNT CLASSIFICATION 01 13 40- 513 ADOPTED 2002 -2003 ADJUSTMENTS RECOMMENDED ` 2002 -2003 AMENDED BUDGET 2002 -2003 325 '-FINANCE 326 327 328 329: .330 331;` 332 SALARIES S FRINGE BENEFITS 333 SALARIES & WAGES - REGULAR SALARIES & WAGES - OVERTIME $60,323 0 $0 0 $60,323 0 334 335 TOTAL SALARIES & WAGES $60,323 $0 $60,323< 336 337 F.1. C. A. 4,615 0 4,615 338 339 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES TRAVELii& CONFERENCE 4,539 $69,477 $500 0 $0 ` < $0 4,539 $69,477 $500; 340 341 342 343 344 345 346 TRAINING 750 (250) 500 347 POSTAGE LEASE PURCHASE -AS 400 0 8,988 0 (4,350) 0 4,638 348 349 LEASE PURCHASEATERNET'EQPT ' 12,000' 0- 12,000 .350 MAINT & REP -COMM EQUIPMNT 0 590 590 351 INTERNET SERVICE MAINTENANCE- COMPUTER NTWRK 37,940 18,500 0' 0 37,940 18,500 352 353 MAINTENANCE - INTERNET SFTWAR SUPPLIES 0 2,197 0 (590) 0 1,607 354 355 TOTAL SERVICES & SUPPLIES ` $80,875 ($4,600) $76,275 356 357 TOTAL OPERATING EXPENSES $150,352 ($4,600) $145,752 358 359 CAPITAL OUTLAY 360 361 OFFICE EQUIPMENT DEPARTMENT ADJUSTMENT $0 0 $0 - 0 $0 0 362 363 OPERATING EQUIPMENT 5,600 (1,500) 3,500 364 TOTAL CAPITALOUTLAY $5,000 ($1,500) $3,500 365 366 TOTAL EXPENDITURES $155,352 ($6,100) $149,252 367 368 BUDGETED POSITIONS 1 0 1 369 370 RINTED ON RECYCLED PAPER 371 { CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET 8 C D E 372 :GENERAL 01 403 373 ::FINANCE 14 ($1,146) $363,142' 374 €FINANCIAL & ADMINISTRATION 10 375:: FINANCIAL & ADMINISTRATION 513 405 37.C.. 377E EQUIPMENT OFFICE $0 ADJUSTMENTS AMENDED 378 ::ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED , BUDGET -379i ,1 2002 -2003 2002 -2003 2002 -2003 380 SALARIES & FRINGE BENEFITS I 409 381 SALARIES & WAGES - EXECUTIVE $0 $0 $0 382 SALARIES & WAGES - REGULAR 303,684' 0 ` 303,684 383 OVERTIME 750, (600) 1S0- 384 412 TOTAL EXPENDITURES $364,288 ($1,146) 385 TOTAL SALARIES & WAGES 304,434'i (600) 303,834 386 414 BUDGETED POSITIONS 387 F. I. C. A. ` 23,289 (46) 23,243 388 GROUP HEALTH INSURANCE 25,840 0 25,840 389 RINTED ON RECYCLED PAPER 390 TOTAL PERSONNEL SERVICES'- $353,563, ($646) _ $352,917 391 392 SERVICES & SUPPLIES 393 CONTRACTUAL SERVICES $0 $0 $0 394 TRAVEL & CONFERENCE ` 1,550 0 1,550 395 EMPLOYEE EDUCATION 2,200 0 2,200 396 MAINTENANCE -OPERATING EQMT 1,000 (500) 500 397 MAINTENANCE & REP -COMM EQPT 500 90 590 398 SUPPLIES 4,000 (90) 3,910 399 MEMBERSHIPS & SUBSCRIPTIONS 1,475' 0 1,475 400 401 TOTAL SERVICES & SUPPLIES $10,725 ($500) $10,225 402 403 TOTAL OPERATING EXPENSES $364,288 ($1,146) $363,142' 404 405 CAPITAL OUTLAY' 406 EQUIPMENT OFFICE $0 $0 $0 't 407 DEPARTMENT ADJUSTMENT 0 0 0 ,1 408 EQUIPMENT OPERATING 0 0 0 I 409 410 TOTAL CAPITAL OUTLAY $0 $0 $0 411 $363,142 412 TOTAL EXPENDITURES $364,288 ($1,146) 413 414 BUDGETED POSITIONS 6 0 8 R 416 RINTED ON RECYCLED PAPER B G D E 417 sGENERAL 01FINANCE ` IINSURANCE IOTHER GENERAL GOVT. SERVICES ACCOUNT CLASSIFICATION - WORKERS' COMPENSATION UNEMPLOYMENT COMPENSATION PROPTY & LIABILITY INSURANCE PUBLIC EMP. BLANKET BOND' BOILER & MACHINERY POLICE OFFICERS A.D.D. DEPARTMENT ADJUSTMENT , DEATH BENEFITS FOR PENSION TOTAL SERVICES & SUPPLIES RINTED ON RECYCLED PAPER 01 14 20 519 ADOPTED 2002 -2003 $193,500 15,000 287,500 2,500 3,000 2,000 0 2,000 $505,500 =- - -__ °_ ADJUSTMENTS RECOMMENDED 2002 -2003 $0 0 0 0 0 0 0 0 $0' AMENDED BUDGET 2002 -2003 $193,500 15,000- 287,500 2,500 3,000 2,000' A 2,000 $505,500 418 419 420 421 422 423 424 425 426 427 428 429 430 r433 436 437 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET 1. B I C' D " E 438 01 ATTORNEY 15 ATTORNEY 00 COUNSEL 514 ADJUSTMENTS ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED 2002 -2003 2002 -2003 SERVICES & SUPPLIES LEGAL SERVICES - RETAINER $97,000 $0 LEGAL SERVICES - NON RETAINER 50,000 (6,346), CONSULTING - TELECOMMUNICATIO 15,000 0 CONSULTING -REAL PROP /FORECL 20,000 0- CONSULTING -LABOR 15,000 0 CONTRACTUAL SERVICES 10,000 0 CONTRACTUAL SVCS -COURT REPO 2,375 0 CONTRACTUAL SVCS -CODE ENFC 15,000 0 TRAVEL & CONFERENCE 1,200 0 SUPPLIES 250 0 DEPARTMENT ADJUSTMENT 0 0 MEMBERSHIPS & SUBSCRIPTIONS 800 0 TOTAL SERVICES & SUPPLIES $226,625 ($6,346) TOTAL OPERATING EXPENSES $226,625 ($6,346) CAPITAL, OUTLAY EQUIPMENT OFFICE $0 $0 TOTAL CAPITAL OUTLAY $0 $0 TOTAL EXPENDITURES $226,625 ($6,346) IBUDGETED POSITIONS 0* CITY ATTORNEY CURRENTLY RETAINED UNDER CONTRACT RINTED ON RECYCLED PAPER AMENDED BUDGET 2002 -2003 $97,000` 43,654 15,000" 20,000 15,000` 10,000 2,375 15,000 1,2001 250 0 800^ $220,279 $220,279 $0 $0 $220,279 -_ =_ -- 0* 439 :GENERAL 4401CITY 441 ?CITY 442 :LEGAL 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 B C D' E 480113ENERAL p LDG, ZONING &' COMMUNITY DEV 1 BUILDING ;PROTECTIVE INSPECTIONS :ACCOUNT CLASSIFICATION ' SALARIES & FRINGE BENEFITS SALARIES & WAGES - REGULAR OVERTIME . TOTAL SALARIES & WAGES F. I. C. A. GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES CONTRACT INSPECTORS CONTRACTUAL SERVICES TRAVEL & CONFERENCE EMPLOYEE - EDUCATION MAINTENANCE &'REP -COMM EQPT SUPPLIES UNIFORMS MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES TOTAL OPERATING EXPENSES CAPITAL OUTLAY EQUIPMENT OFFICE DEPARTMENT ADJUSTMENT EQUIPMENT OPERATING TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES' BUDGETED POSITIONS RINTED ON RECYCLED PAPER 01 16 10' 524 ADOPTED -2002 -2003 $132,621 3,000 $135,621 18,465 12,040 $166,126 $126,100 5,000 600 2,350 660 2,240 0 1,275 $138,225 $304,351 $0 0 650 $650 $305,001 3 ADJUSTMENTS RECOMMENDED 2002 -2003 $0 (2,960) > ($2,960) 0 0 ($2,960) $0 (80) (70) `, (1,192) (70) (1,253) 0 (635) ($3,300) ($6,260) $0 0 (250) ($250) ($6,510) 0 AMENDED BUDGET' 2002- 2003'< $132,621 40 $132,661 18,465 12,040' $163,166 $126,100 4,920 ` 530 1,158' 590' 987' 0- 640 $134,925 $298,091 $0' 0 400 $400 $298,491' 3 4811 482 483 484.-. 485: 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 5241 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET B C D E 525 ,GENERAL :BLDG, ZONING & COMMUNITY DEV GEN ADMINISTRATN & PLANNING INSPECTIONS 'ACCOUNT CLASSIFICATION SALARIES & FRINGE BENEFITS 01 16 20 524 ADOPTED 2002 -2003 ADJUSTMENTS RECOMMENDED 2002 -2003 AMENDED BUDGET 2002 -2003 526 527 528PROTECTIVE 529 530€ 531 532E 533 534 SALARIES & WAGES - EXECUTIVE $0. $0 $0; 535 SALARIES & WAGES - REGULAR 253,445+ (5,000) 248,445 536 SALARIES & WAGES- PART TIME 0 ! 0 0 537 OVERTIME 2,000 (1,000)- 1,000 538 TOTAL SALARIES & WAGES 255,445 (6,000) 249,445 539 540 F. L C. A. GROUP HEALTH INSURANCE 19,542 ', 24,044 (459) (292) 19,083 23,752 541 542 543 TOTAL PERSONNEL SERVICES $299,031 ` ($6,751) $292,280 544 545 SERVICES & SUPPLIES 546 547 PROFESSIONAL SERVICES $5,000 ($5,000) $0 548 CONTRACTUAL SERVICES 43,269' (8,431) 34,838 549 MICROFILMING 2,500' 0 2,500 550 TRAVEL & CONFERENCE 2,000 0 2,000' 551 EMPLOYEE.- EDUCATION MAINTENANCE & REP -COMM EQPT. 1,000 1,000 0 380 1,000 1,380 552 553 LEGAL ADS(ZONING CHANGES) 0 0 0' 554 SUPPLIES MEMBERSHIPS & SUBSCRIPTIONS 3,000 1,600- (400) 0 2,600 1,600 555 556 TOTAL SERVICES & SUPPLIES $59,369 ($1,3,451) $45,918 557 558 TOTAL OPERATING EXPENSES $358,400 ($20,202) $338,198 559 560 CAPITAL OUTLAY EQUIPMENT OFFICE $0 $0 $0 561 562 563 DEPARTMENT ADJUSTMENT 0 0 0 564 EQUIPMENT OPERATING 0 0 0 565 TOTAL CAPITAL OUTLAY ' $0 $0 $0 566 567 TOTAL EXPENDITURES $358,400 ($20,202) $338,198. 568 569 BUDGETED POSITIONS -__ - - -- 5.5 - - - - -_- - - - --- 0 - - - - - -- 5.5 570 571 RINTED ON! RECYCLED PAPER 572 1 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET B C p E 573 :GENERAL :BLDG, ZONING $ COMMUNITY DEV ;CODE ENFORCEMENT ;CODE ENFORCEMENT ;ACCOUNT CLASSIFICATION SALARIES `$ FRINGE BENEFITS SALARIES & WAGES - EXECUTIVE 01 16 40 524 ADOPTED 2002 -2003 $0 ADJUSTMENTS RECOMMENDED 2002 -2003 $0 AMENDED BUDGET 2002 -2003 $0 574 575 576 577:L 578: 579 580: 581 582 383 SALARIES S WAGES - REGULAR; 172,734 0 172,734 584 OVERTIME 2,500 (2,500) 0 585 TOTAL SALARIES & WAGES 175,234 (2,500) 172,734 586 587 F. I. C. A. 13,405- (191) 13,214 588 589 GROUP HEALTH INSURANCE 17,523, 0 17,523 590 TOTAL PERSONNEL SERVICES SERVICES 8< SUPPLIES $206,162 ($2,691) $203,471 591 592 593 594 CONTRACTUAL SERVICES $0 $0 595 TRAVEL & CONFERENCE 812 0 812 596 EMPLOYEE- EDUCATION 520 0 520 597 MAINTENANCE S REP -OPER. EQPT. MAINTENANCE & REP -COMM EQPT. 510 0 0 0 510 598 599 SUPPLIES 1,250 0 1,250 600 UNIFORMS 680 0 680 601 MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES S SUPPLIES 90 $3,882 0 ' $0 90 $3,862 602 603 604 TOTAL OPERATING EXPENSES $210,024 ($2,691) $207,333 605 606 CAPITAL OUTLAY 607 608 EQUIPMENT OFFICE $0 $0 $0 609 DEPARTMENT ADJUSTMENT 0 0 0 610 EQUIPMENT OPERATING 0 , 0 0 611 TOTAL CAPITAL OUTLAY $0 $0 $0 612 613 TOTAL EXPENDITURES $210,024 ($2,691) $207,333 614 BUDGETED POSITIONS 4 0 4 616 617 RINTED ON 'RECYCLED PAPER 618 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET " B _ C D' E 677 678 :GENERAL 01 679 @PUBLIC WORKS 17 680: BUILDING MAINTENANCE 10 681 ':OTHER GENERAL GOVT. SVCS 519 A82'. 683 ADJUSTMENTS AMENDED 684 :ACCOUNT CLASSIFICATION ADOPTED RECOMMENDED BUDGET 685 2002 - 2003'' 2002 -2003 2002 -2003' 686 SALARIES & FRINGE BENEFITS -687 SALARIES & WAGES - REGULAR $189,237 ($40,454) $148,783 s88 OVERTIME 4,500 0 4,500 689 690 TOTAL SALARIES '& WAGES $193,737 ($40,454) $153,283 691 . 692 F. I. C. A. 14,821 (3,095) 11,726 693 GROUP HEALTH INSURANCE 23,902 0 , - 23,902 694 695 TOTAL PERSONNEL SERVICES $232,460 ($43,549) - $188,911 696 697 SERVICES & SUPPLIES 698 CONTRACTUAL SERVICES $65,000 $6,011 $71,011 699 TRAVEL & CONFERENCE 0 D' 0 700 EDUCATION 192 0 192 701 UTILITIES- ELECTRIC 68,000 0 68,000 702 UTILITIES -WATER 12,000 0 12,000' 703 MAINT & REP. -OPERATING EQUIP 500 0 500 704 MAINT & REP. -COMM. EQPT. 720 0 720 705 MAINT & REP. - GROUNDS & STRUC 49,000 0 49,000' 706 SUPPLIES 8,000 0 8,000 707 UNIFORMS 1,800 0 1,800 708 709 TOTAL SERVICES & SUPPLIES $205,212 $6,011 $211,223 710 711 TOTAL OPERATING EXPENSES $437,672 ($37,538), $400,134 712 713 CAPITAL OUTLAY 714 OFFICE EQUIPMENT $0 $0 $0 715 OPERATING EQUIPMENT 0 0 ' 0 716 717 TOTAL CAPITAL OUTLAY $0 $0 $0 718 719 TOTAL EXPENDITURES $437,672 ($37,538) $400,134 720 - - - - - °= ------- 721 BUDGETED POSITIONS 6 (2) 4 722 723 RINTED ON RECYCLED PAPER B C D E 724 :GENERAL @PUBLIC WORKS :SOLID WASTE COLLECTION -PHYSICAL ENVIRONMENT ACCOUNT CLASSIFICATION SALARIES & FRINGE BENEFITS 01 17 20 534 ADOPTED 2002- 2003" ADJUSTMENTS RECOMMENDED 2002 -2003 AMENDED BUDGET 2002 -2003 725 726 727 728'. 729: 730 731 732 733 SALARIES & WAGES - REGULAR $407,283 $36,701 $443,984 734 OVERTIME 17,800° 0 17,800 735 TOTAL SALARIES & WAGES $425,083 $36,701 $461,784 736 737 F.1.`C. A. 32,519 2,807 35,326 738 739 GROUP HEALTH INSURANCE 46,622 0 46,622 - 740 TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES $504,224 $39,508 $543,732 741 742 743 744 CONTRACTUAL SERVICES $0 $0 $0 745 INTERLOCAL AGREEMENT - RECYCL 80,000 0 80,000 746 EDUCATION 200 0 200.: 747 POSTAGE - 0 0 p 748 REFUSE DISPOSAL FEE 475,000 20,404 495,404 749 SUPPLIES . 1,000 0 1,000 750 UNIFORMS 4,548 0 4,548 751 TOTAL SERVICES & SUPPLIES $560,748 $20,404 $581,152 752 753 TOTAL OPERATING EXPENSES $1,064,972 $59,912 $1,124,884 754 755 CAPITAL OUTLAY , 756 757 OPERATING EQUIPMENT $0 0 $0 758 TOTAL CAPITAL OUTLAY $0 $0 $0 759 760 TOTAL EXPENDITURES BUDGETED POSITIONS $1,064,972 == - - - = == 12 $59,912 2 $1,124,884 14 761 762 763 764 RINTED ON RECYCLED PAPER l 765 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET B C D E 766 :GENERAL ` PUBLIC WORKS :STREET MAINTENANCE ;OTHER GENERAL GOVT. SERVICES ;ACCOUNT CLASSIFICATION SALARIES & FRINGE BENEFITS, 01 17 30 541 ADOPTED > 2002 -2003 . ADJUSTMENTS RECOMMENDED 2002 -2003 AMENDED BUDGET 2002 -2003 767: 768 769 770 771: 772 773 774 775 SALARIES & WAGES - REGULAR - $40,656 $0 $40,656 776 OVERTIME 0 1,700 1,700 777 TOTAL SALARIES & WAGES $40,656 `$1,700 $42,356; 778 779 F.1 C. A. 3,110 130 3,240' 780 781 GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES 3,783 $47,549 0 $1,830 3,783' $49,379' 782 783 784 SERVICES & SUPPLIES 785 786 ENGINEERING $0 $0 $0'. 787 EDUCATION 200 0 200' 788 LEASE PURCHASE 0 0 0 789 MAINT & REP. -STRS & PARKWAYS 20,000 (4,811) 15,189 790 ELECTRICITY 87,000' 0 87,000 791 SUPPLIES UNIFORMS' 1,350 750 0 0 1,350 750' 792 79.3 TOTAL SERVICES & SUPPLIES $109,300' ($4,811) $104,489 794 785 TOTAL OPERATING EXPENSES 8156,849 ($2,981) $153,868 796 797 CAPITAL OUTLAY 798 799 OFFICE EQUIPMENT $0 $0 $0 800 OPERATING EQUIPMENT 0 200 - 200 801 TOTAL CAPITAL OUTLAY $0 $200 $200 802 803 TOTAL EXPENDITURES $156,849 ($2,781) $154,068 804 805 BUDGETED! POSITIONS - -__ - -_ - - - - - -- - p _ -- - - -- -_ - -� 806 807 RINTED ON RECYCLED PAPER 808 1 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET B C D E 854 :GENERAL ' WORKS EQUIPMENT MAINTENANCE OTHER GENERAL GOVT SERVICES SALARIES '& FRINGE BENEFITS SALARIES SWAGES - REGULAR OVERTIME' TOTAL SALARIES & WAGES F.1. C. A. GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES &•SUPPLIES EDUCATION LEASE PURCHASE - TRUCKS MAINT & REP. -OPERATING EQUIP MAINT & REP. -COMM. EQUIP. MAINT & REP. -OUTSIDE SERVICES UNIFORMS FUEL" LUBRICANTS PARTS TOOLS TIRES CHEMICALS /SUPPLIES TOTAL SERVICES & SUPPLIES TOTAL OPERATING EXPENSES CAPITAL OUTLAY OFFICE EQUIPMENT OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS i RINTED ON RECYCLED PAPER' - 01 17 60 519 ADOPTED 2002 -2003 $169,905 5,000 $174,905 13,380 17,255 $205,540 $500 42,940 1,000 1,300 60,000 4,165 140,000 63,000 500 25,000 9,000 $347,405 $552,945 $0 0 $0 $552,945 4 ADJUSTMENTS RECOMMENDED 2002 -2003 $0 0 $0 0 0 $0 ' $0 2,444 0 0 0 0 (2,444) (1,500) 0 (1,500) 0 ($3,000) ($3,000)' $0 0 $0 ($3,000) 0 AMENDED BUDGET 2002 -2003 $189,905 5,000 $174,905 13,380 17,255 $205,540 $500 45,384 1,000' 1,300 60,000 4,165 137,556 61,500 500 23,500 9,000 $344,405 $549,945 $0 0 $0 $549,945 4 855 :PUBLIC 856 857' 858 859E 860 EACCOUNT`CLASSIFICATION 8611 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 =883 884 865 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET •--��- .^ B C p E 901 'GENERAL ;PUBLIC WORKS :OFFICE OF THE DIRECTOR 'OTHER GENERAL GOVT. SERVICES E ACCOUNT CLASSIFICATION 01 17 70 519 ADOPTED ' ADJUSTMENTS RECOMMENDED AMENDED BUDGET 902 903 904 905 906 907: 908 .909 SALARIES `& FRINGE BENEFITS" 2002- 2003" 2002 -2003 2002 -2003 910 711 SALARIES "& WAGES - EXECUTIVE SALARIES '& WAGES - REGULAR $0 160,522 $0 0 $0 160,522 912 913 OVERTIME 800 0 800 914 TOTAL SALARIES & WAGES $161,322 $0 $161,322 915 916 F.1 C. A 12,341 0 12,341 917 918 GROUP HEALTH INSURANCE 13,092 0 13,092 919 TOTAL PERSONNEL SERVICES $186,755 20 $186,755 920 921 SERVICES A SUPPLIES 922 923 CONTRACTUAL SERVICES $1,628 $0 $1,628 924 TRAVEL & CONFERENCE 974 0 974 925 EDUCATION 474 0 474 926 MAINTENANCE & REP -COMM EQPT 720 0 720 927 SUPPLIES 750 0 750 928 PERMITS 720 0 720' 929 MEMBERSHIPS & SUBSCRIPTIONS 260 A 260 930 TOTAL SERVICES & SUPPLIES TOTAL OPERATING EXPENSES $5,526 $192,281: $0 $0 $5,526 $192,281 931 932 933 934 CAPITAL OUTLAY 935 936 OFFICE EQUIPMENT $0 $0 $0 937 OPERATING EQUIPMENT 0 p 0 938 TOTAL CAPITAL OUTLAY $0 $0 $0 939 940 TOTAL EXPENDITURES BUDGETED POSITIONS $192,281 ' 3 $0 0 $192,281 3, 941 942 943 '944 RINTED ON RECYCLED PAPER 945 •--��- .^ -�� —� �,_., � . ,R� —�-��a ;tea;, "e'X'.s"?,sr CITY OF SOUTH MIAMI 2002.2003 AMENDED BUDGET B C D E 946- PUBLIC WORKS ENGNRNG,CONSTRCT &STMRWAT CONSTRUCTION CLASSIFICATION SALARIES & FRINGE BENEFITS SALARIES & WAGES - EXECUTIVE SALARIES & WAGES - REGULAR SALARIES& WAGES - OVERTIME' TOTAL SALARIES & WAGES F. I. C. A. GROUP HEALTH INSURANCE TOTAL PERSONNEL SERVICES SERVICES & SUPPLIES PROFESSIONAL SERVICES ENGINEERING CONTRACTUAL SERVICES TRAVEL &'' CONFERENCE ' EDUCATION LEASE PURCHASE MAINTENANCE & REP -COMM. EQPT SUPPLIES MEMBERSHIPS & SUBSCRIPTIONS TOTAL SERVICES & SUPPLIES' TOTAL OPERATING EXPENSES CAPITAL OUTLAY OFFICE EQUIPMENT OPERATING EQUIPMENT TOTAL EXPENDITURES BUDGETED POSITIONS RINTED ON RECYCLED PAPER 01 17 90 519 ADOPTED 2002 -2003 $0 127,730 0' $127,730' 9,771 8,741 $146,242? $20,000 0 35,000 - 750; 5,000 0' 500 1,912 1,000' 64,162' $210,404 $0 0 $0 $210,404 2, ADJUSTMENTS RECOMMENDED 2002 -2003 $0 0 0 $0 0 0. $0 ($964) 0 (2,528) 0 0 964 0 0 0 (2,528) ($2,528) $388 140 $528 ($2,000) 0 AMENDED BUDGET 2002 -2003 $0 127,730 0 $127,730 9,771 8,741 $146,242 $19,036 0 32,472 750 5,000 964 500 1,912 1,000 61,634 $207,876 $388 140 $528 $208,404> __ -- 2 .PENERAL 9471 948 949 ;ENGINEERING 950 951 952 €ACCOUNT 9531. 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 989 990 991 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET 6�"�' -x+r �-' -•,��"I'�•'"r"'r s F� y i�'� -a ^ cn;-s5 "` -'.,' . ""r;"",{ ;ez5= .� .�r'� ,�,� „e��"',. *�°,.s*�'-�; —ce CITY OF SOUTH MIAMI 2002-2003 AMENDED BUDGET I: i CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET j j i B C D E 1110e RECREATION PARKS & RECREATION RECREATION ACTIVITIES ACCOUNT CLASSIFICATION CAPITAL OUTLAY OFFICE EQUIPMENT OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY TOTAL EXPENDITURES BUDGETED POSITIONS RINTED ON RECYCLED PAPER - 01 20 XX XXX ADOPTED 2002 -2003 — $0 0 $0 _ $1,330,919 ----- === 23 ADJUSTMENTS RECOMMENDED 2002 -2003 $0 0 $0 ($38,000) ° = = = ° =_ (1) AMENDED BUDGET 2002 -2003 $0 0 $0- $1,292,919 ------ == 22 1111 `GENERAL 1112 1113 1114 1`115 1118 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 j j i I J! i CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET B C D _ E 1187E RECREATION PARKS & RECREATION RECREATION ACTIVITIES ACCOUNT CLASSIFICATION CAPITAL OUTLAY OFFICE EQUIPMENT OPERATING EQUIPMENT TOTAL CAPITAL OUTLAY , TOTAL EXPENDITURES BUDGETED POSITIONS RINTED ON RECYCLED PAPER 01 20 00 572 ADOPTED 2002 -2003 $0 0 $0 $1,007,539' 17 ADJUSTMENTS RECOMMENDED 2002 -2003 $0 0 $0 ($19,000) ` (1) AMENDED BUDGET 2002 -2003 $0 0 ` $0 $988,539; 16 1188'GENERAL 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 CITY OF SOUTH MIAMI 2002 -2003 AMENDED BUDGET "?�,- =ry-...'._.. �n--r .. ,.a- „ -� -.,. . -s--`; ar ,, q•.: u�a',, sr;? ,tea:` -Ft, r.°;Y';n?'�°?'�,:.aT '"-sY tea” - CITY OF SOUTH MIAMI 2002.2003 AMENDED BUDGET B C D E .1311: NON -DEPARTMENTAL EXPENSES NON- DEPARTMENTAL EXPENSES OTHER GENERAL GOVT SERVICES ACCOUNT CLASSIFICATION CAPITAL OUTLAY OFFICE EQUIPMENT DEPARTMENT ADJUSTMENT OPERATING EQUIPMENT ACQUISTN OF PARKNG METERS ' CAPITAL IMPROVEMENTS ` TOTAL EXPENDITURES BUDGETED POSITIONS RINTED ON RECYCLED PAPER 01 21 00 519 ADOPTED 2002 -2003 0 0 0 0 ` 0 $0 $607,276 ------- 1.0 ADJUSTMENTS RECOMMENDED 2002 -2003 0 0 0` 0 0 $0 $27,452 0 AMENDED - BUDGET 2002 -2003 0 A D 0 0 $0 $634,728 1.0 1312 €GENERAL 1'313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1332 1333 1334 ' 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO I, 6 SPECIAL EVENTS SETTING FORTH A POLICY ON FUNDING 7 SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL 8 EVENTS AND; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, public property and public street locations within the City of South Miami are used t 11 by organizations for special events which are beneficial to the City and its residents; and 12 13 14 WHEREAS,; such special events may require City services and resources to be expended in order 15 to provide security, clean up, banner hanging, street blocking, covering of parking meters; and J. 16 17 i 18 WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement 19 to the City for all revenues lost or expenditures made for special events. 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 23 OF THE CITY OF SOUTH MIAMI, FLORRDA, AS FOLLOWS: 24 25 26 Section 1. All organizations sponsoring approved special events using public property or public 27 streets within the City of South Miami must reimburse the City for all City revenue loses, and 28 City expenditures associated with the approved special event. 29 30 31 Section 2. All organizations sponsoring special events using public property or public streets 32 within the City of South Miami must receive approval by resolution from the South Miami City 33 Commission. The resolution must include the estimated reimbursement amount to be paid to the 34 City for all City revenue loses and City expenditures associated with the approved special- event. 35 36 37 Section 3. The resolution described in Section 2 above may also specify an additional monetary 38 contribution to be made by the organization to the City; the resolution shall specify as how the 39 additional monetary contribution is to be used by the City. 40 41 42 Section 4. All organizations sponsoring an approved special event which closes a public street 43 within the City of South Miami, must provide in advance, a petition signed by a majority of 44 businesses facing the street affected by the approved special event. 45 46 47 Section 5. All organizations sponsoring approved special events using public property or public 48 streets within the City of South Miami must agree in writing' as to pay the actual the amount of 49 City revenue loses and final City' expenditures associated with the approved special event. 50 51 52 . 1 2 3 (2) 4 5 6 Section 6. All organizations sponsoring approved special events using public property or public 7 streets within the City of South Miami which have been allocated monetary grants in the adopted 8 City Budget, should pay for the required reimbursement from the designated monetary grant. 9 10 11 12 Section 7. This resolution shall be effective immediately after the adoption hereof. 13 14 15 16 PASSED AND ADOPTED this , day of , 2003. 17 -18 ATTEST: APPROVED: 19 20 21 CITY CLERK MAYOR 22 23 ' READ AND APPROVED AS TO FORM: Commission Vote: 1 24 Mayor Feliu '{ 25 Vice Mayor Russell 26 Commission Bethel 27 CITY ATTORNEY Commission McCrea 1 28 Commissioner Wiscombe --,7-71 .,,„ -. _. .,:;- -u'+-r -emu ,.«,"- i:T�".""" �—^xe:v ., — ,"'.R:,- �..,�;"` �*�-4T,�;�..x. — t,E.,- '"w_r: $our CITY OF SOUTH MIAMI south iami Excellence, Integrity, Inclusion ¢ INCORPORATED j 1927 � RSVP 21301 TO: Honorable Mayor, Vice Mayor DATE: February' 18, 2003 & City Commission ' V FROM: Sanford A. Youki ' ITEM No. Acting City Manager Supporting the Carl D. Perkins Act RESOLUTION or ORDINANCE `j A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SCHOOL BOARD OF MIAMI —DADE COUNTY; SUPPORTING THE CONTINUATION OF THE CARL D PERKINS ACT APPROPRIATIONS PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The attached resolution, sponsored by Commissioner Bethel expresses support for the continuation for the Carl D Perkins Applied Technology Act Appropriations. The current delivery systems have met, are meeting, and will :continue to meet the educational and economic development needs of our community; through the School Board of Miami -Dade County, therefore, the structure of the Carl D. Perkins Act delivery system must be preserved The School Board of Miami -Dade County, Florida, is currently authorized to receive $4.3 million in secondary and $1.5' million in postsecondary funds from the Carl D. Perkins Act to provide for the training. Further, the Board has declared that the opportunity for entrance into such training programs g pp Y will be extended to all segments of our community. RECOMMENDATION Approval i Attachments: SAY/RL (Dept Director's initials) i i i { 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 'COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 SCHOOL BOARD OF MIAMI - DADE'COUNTY; SUPPORTING THE 6 CONTINUATION OF THE CARL D. PERKINS ACT 7 APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE. g z 9 WHEREAS, the Mayor and City Commission of the City of e 10 South Miami recognizes that the School Board of Miami- Dade` 11 County, Florida, has set a high priority on preparing both 12 K -12 and adult students for high -skill /high -wage employment 13 opportunities in fields such as health occupations, 14 information technology, and other vocational/technical 15 areas of vital interest to the community and to the local 16 economy; and 17 18 WHEREAS, the School Board of Miami -Dade County, 19 Florida, is currently authorized to receive $4.3 million in 20 secondary and $1.5 million in postsecondary funds' from the 21 Carl D.` Perkins `Act to provide for the training. Further, 22 the Board has decreed that the opportunity for entrance 23 into such training programs will be extended to all 24 segments of our society ;_and 25 26 WHEREAS, the City Commission '< recognizes that such 27 federal assistance is necessary to: purchase and replace 28 equipment and other items essential to the workforce 29 readiness of students; provide staff development and 30 curriculum support related to new technological 31 developments and the _changing needs of business and 32 industry; and provide leadership and mentoring experiences, 33 competitions, and opportunities for personal and 34 professional development. 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. That the City Commission hereby 40 expresses support for the continuation for the Carl D. 41 Perkins Applied Technology Act Appropriations. The current „i 42 delivery systems have met, are meeting, and will continue 43 to meet the educational and economic development needs of i 44 our community; therefore, the structure of the Carl D. 45 Perkins Act delivery system must be preserved: 46 Additions shown by underlining and deletions shown by oa°~g. 1 Section 2 The City Clerk is directed to provide 2 certified executed copies of this document to applicable 3 parties, 4 5 Section 2. This resolution shall take effect 6 immediately upon approval. 7 $ PASSED AND ADOPTED this day of , 2003. 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 Commission Vote: 16 READ AND APPROVED AS TO FORM: Mayor Feliu: 17 Vice Mayor Russell: 18 Commissioner Wiscombe: ! 19 CITY ATTORNEY Commissioner Bethel: 20 Commissioner McCrea: 21 j i Page 2 of 2 Miami-Dade County Public Schools giving our students the world Miami -Dade County School Board Dr. Michael M.. Krop, Chair Dr. Robert B. Ingram, Vice Chair February 4, 2003 Agustin J. Barrera Frank J. Bolanos Frank J. Cobo The Honorable David D. Bethal Perla Tabares Hantman City f South Miami Betsy H. Kaplan ty Dr. Marta Perez 6130 Sunset Drive Dr. Solomon C Stinson South Miami, Florida 33143 Superintendent of Schools Dear Commissioner Beth «l: Merrett R. Stierheim Legislative alerts from the nation's largest career and technical education organizations warn that there is an attempt to eliminate federal funding for vocational education to offset shortfalls in other areas. The elimination of the Carl D. Perkins Act funds would represent a dramatic cut ($5,825,863) in the basic infrastructure of Miami -Dade County Public Schools, impacting educational services for many thousands of students in secondary schools and adult technical education centers across the county. On December. 11, 2002, The School Board of Miami -Dade County, Florida, adopted Resolution No. 02 756 (see Attachment), describing the importance of the Perkins Act funding in Miami-Dade County and urging the federal government to continue its support. The Greater Miami Chamber of Commerce endorsed this action with its own resolution on January 9, 2003 (see Attachment). We are respectfully requesting you to adopt a similar resolution expressing your support for the Perkins Act in order to preserve many of the most effective education and training programs in our community. l would appreciate your forwarding your resolution to Mr. Joseph H. Mathos, Assistant Superintendent, Office of Adult/Vocational "and Alternative Education, 1450 N.E. 2nd Avenue, Room 802, Miami FL 33132. You may contact him at 305 995 -1443. Thank you for your continued advocacy on behalf of local educational programs. If you have questions, please feel free to call me, at 305 995 -1428, or contact Ms. Mercedes Toural, Associate Superintendent for Education, at 305 995- 1960. MRS /JHM:cam L -1550 Attachments cc: School Board Members School Board Attorney Ms. Mercedes Toural Sincerely, jrrett R. Stierheim Superintendent of Schools Mr. Joseph H. Mathos Mr. Alberto M. Carvalho. Mr. Carlos A. Mamique School Board Administration Building ®1450 N. E. 2nd Avenue • Miami, Florida 33132 305- 995 -1430• FAX 305- 995 - 14889 www.dadeschools.net RESOLUTION NO. 02 -56 OF THE SCHOOL BOARn OF MIAMI -DADE COUNTY, FLORIDA, SUPPORTING THE CONTINUATION OF THE CARL D. PERKINS ACT APPROPRIATIONS WHEREAS, The School Board of Miami -Dade County, Florida, has set a high priority, on preparing both K -12 and adult students for high- skill/high -wage employment opportunities in,fields such as health occupations, information technology, and other vocational /technical areas of vital interest to the community and to the local economy; and WHEREAS, The School Board of Miami -Dade County, Florida, is currently authorized to receive $4.3 million in secondary and $1.5 million in postsecondary funds from the Carl D. Perkins Act to provide for the training of students for employment in such high- skill /high - wage occupations. Further, the Board has decreed that the opportunity for entrance into such training programs will be extended to all segments of our society; and WHEREAS, The School Board of Miami -Dade County, Florida, recognizes that the continuation of such federal assistance depends upon reauthorization of the Carl D. Perkins Act by the 1081' U.S. Congress and its signing by the President, and that failure to reauthorize this legislation would critically` impactthe district's ability to sustain and initiate technology- dependent secondary and postsecondary programs; and WHEREAS, The School Board of Miami -Dade County, Florida, recognizes that such federal assistance is necessary to purchase and replace equipment such as computers, servers, health science simulators, robotic and biotechnology equipment, and other items essential to the workforce readiness of students, and to provide staff development and curriculum support related to new technological developments and the changing needs of business and industry; and WHEREAS, The School Board of Miami -Dade County, Florida, recognizes that such federal assistance is needed to support local and state career and technical student organizations such as Future Business Leaders of America that provide leadership and mentoring experiences, competitions, and opportunities for personal and professional development; NOW, THEREFORE, BE IT RESOLVED THAT: The School Board of Miami -Dade County, Florida, approve Resolution No. 02 -56 of The School Board of Miami -Dade County, Florida, expressing unequivocal support for the continuation of appropriations for the Carl D. Perkins Applied Technology Act. The current delivery systems have met, are meeting, and will continue to meet the :educational and economic development needs of our community; therefore, the structure of the Carl D. Perkins Act delivery system must be preserved. A copy of this resolution is placed in the permanent records of this Board. Present this eleventh d y of December, A.D. 2002 THE SCH O BO', D F IAMI -DADE COUNTY, FLORIDA A &4k �'JG greater 'miami llc dram e commerce RESOLUTION SUPPORTING THE CONTINUATION OF THE CARL D. PERKINS ACT APPROPRIATIONS WHEREAS, the Greater Miami Chamber of Commerce is an association of businesses and professions organized to create economic; progress in Miami -Dade County; and, WHEREAS, The School Board of Miami -Dade County, Florida, Miami -Dade Community College and the Greater Miami Chamber of Commerce have set a high priority on preparing both K -12 and adult students for high -skill /high -wage employment opportunities in fields such as health occupations, information technology, and other vocational /technical areas of vital interest to the community and to the local economy; and, WHEREAS, The School Board of Miami -Dade County, Florida, is currently authorized to receive $4.3 million in secondary and $1.5 million in postsecondary funds and Miami -Dade Community College is authorized to receive $3.7 million in postsecondary funds from the Carl D.'Perkins Act to provide for the training of students for employment in such high - skill /high -wage occupations. Further, the Board has decreed that the opportunity for entrance into such training programs will be extended to all segments of our society; and,' WHEREAS, the Greater Miami Chamber of Commerce recognizes that the continuation of such federal assistance depends upon reauthorization of the Carl D. Perkins Act by the 108' U.S. Congress and its signing by the President, and that failure to reauthorize this legislation would critically impact The School Board of Miami -Dade County, Florida's ability to sustain and initiate technology - dependent secondary and postsecondary programs; and, WHEREAS, the Greater Miami Chamber of Commerce recognizes that such federal, assistance is necessary to: purchase and replace equipment and other items essential to the workforce readiness of students; provide staff development and 'curriculum support related to new _technological developments and the changing needs of business, and industry; and provide leadership and mentoring ;experiences, competitions, and opportunities for personal and professional development; NOW, THEREFORE, BE IT RESOLVED THAT the Greater Miami Chamber of Commerce' unequivocally supports the continuation of appropriations for the Carl D. Perkins Applied Technology l Act. The current deliver, systems have met, are meeting, and will continue to meet the educational and economic development needs of our community; therefore, the structure of the Carl D. Perkins Act delivery system must be preserved. i Unanimously passed this seventeenth day of December, 2002. I! ;I Jac owell, Chairman William O. Cullom, President rh Y M Mira, © sou'r South Miami All- America City v INCORPORATES 1927 COR1 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: February 18,' 2003 City Commission I ' Re: Item No. From: Sanford A. Youkilis Interlocal Agreement Acting City Manager Public School Facility Planning REOUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ENTERING INTO AN INTERLOCAL AGREEMENT ON PUBLIC SCHOOL FACILITY PLANNING IN MIAMI- DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND Chapter ,163 of the State Statutes was amendment last year as part of the State's Growth Management Initiative. Sections `163.3177(6)(h) 1 and 2, Florida Statutes, now require each local government to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local g overnm ents are to be coordinated. COMPREHENSIVE PLAN The proposed Interlocal Agreement is in keeping with the Intergovernmental Coordination Element of the City of South Miami's adopted Comprehensive Plan. The following is a portion of the text of our Comprehensive Plan, which spells out our coordination efforts with the School Board. a Objective 1.3 The City will identify and establish joint processes with other local agencies for collaborative planning on population projections, school siting, facilities subject to concurrency, facilities with countywide significance, and problematic land uses. Policy 1.3.1 The City will coordinate with the Miami -Dade County Planning Department in order to develop countywide population projections that include expected growth and/or changes; said changes to be shown in the South Miami Comprehensive Plan. Interlocal Agreement Public Schools Facility Planning February 18, 2003 Page 2 of 3 Policy, 1.3.2 The City will advise the Miami -Dade Public School System of population projections used in its Comprehensive Plan as it relates to the future needs for school improvements and school expansions in South Miami. Policy 1.3.3 The City will annually review the Miami -Dade Public School's 5, 10, and 15 -year facility plans for siting of new schools and the expansion of existing schools within the City's jurisdiction for consistency with the City's Comprehensive Plan. This review will be done at the staff level and by attendance at public hearings conducted by the Miami -Dade Public School System for specific site plans Policy 1.3.4 The City will notify the School Board of any proposed land use amendments to the Comprehensive Plan which could impact the Board's long range facility plans. Policy 1.3.5 By November 2000 the City shall enter into an interlocal agreement or other formal agreement with the Miami -Dade Public School System, as required by Section ` 163.3177(6)(h)(2)• ANALYSIS The attached Interlocal Agreement was drafted based upon the model draft agreement produced by the Florida Department of Community Affairs. It has been modified and tailored for the specific needs of Miami -Dade County by staff of the Miami -Dade County Public Schools, Miami -Dade County Planning Department, South Florida Regional Planning, Council, and by representatives of local municipalities in Miami -Dade County, including the Planning & Zoning Director of the City of South Miami. The agreement,' creates staff working groups to discuss issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning. Issues would include population and student projections, development trends, a work' program for five, ten and twenty year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan's future land use map series, school needs, collocation and joint use opportunities, and other infrastructure improvements needed to support the school and ensure safe student access. The agreement continues the cooperation between the City and School Board, ensuring adequate communications and coordination when dealing with proposed new school facility planning, and ensuring adequate infrastructure.` Pursuant to the recently passed state statute (Section 463.3174 (1)), the City is to invite a staff representative appointed by the School Board, as a non- voting member, to attend meetings of the Planning Board that consider comprehensive plan amendments and rezonings that would, if approved, increase residential density. The City may appoint such School Board representative ' to the Planning Board, and grant voting status to the School Board member. Interlocal Agreement Public Schools Facility Planning February 18, 2003 Page 3 of 3 Resolution of disputes will be through the state mandated disputed resolution mechanisms,' and may utilize the services of the South Florida Regional' Planning Council There will be a citizen ' oversight board set up to monitor the interlocal agreement. In addition to members appointed by the School Board, the Miami -Dade County League of Cities will appoint five citizen members to the oversight board. i All municipalities are required to enter into an Interlocal Agreement with the School Board by March 1 2003 Entering into the attached agreement will fulfill' the City's obligations under' this statute. RECOMMENDATION APPROVAL. Attachments: Resolution Proposed In{tterlocal Agreement SAY/RGL K: \Comm Items\2003 \02- 18- 03 \SchoolBoard Interlocal Agreement - report.doc i I j i I 1 2 RESOLUTION NO. 3 4' 5 A' RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 6 SOUTH' MIAMI, FLORIDA, ENTERING INTO AN INTERLOCAL 7' AGREEMENT ON PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE 8 COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 11 WHEREAS, the County, Cities and the School Board recognize their mutual obligation and 12 responsibility for the education, nurturing and general well -being of the children within their 13 respective communities; and, 14 15 WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the 16 citizens and students of their communities by more closely coordinating their comprehensive 17 land use and school facilities planning programs: namely (1) better coordination of new 18- schools in time and place with land development, (2) greater efficiency for the school board 19 and local governments by placing schools to take advantage of existing and planned roads, 20 water, sewer, and parks, (3) improved student access and safety by coordinating the ' 21 construction of new and expanded schools with the road and sidewalk construction programs 22 of the local, governments, (4) better defined urban form by locating and designing schools to 23 serve as community focal points, (5) greater efficiency and convenience by co- locating 24 schools with parks, ball fields, libraries, and other community` facilities to take advantage of 25 joint use opportunities, (6) reduction of pressures contributing to urban sprawl and support 26 of existing neighborhoods by appropriately locating' new schools and expanding and 27 renovating existing schools, and (7) improving the quality of education in existing, renovated 28 and proposed schools; and, 29 30 WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational 31 facilities must be consistent with the comprehensive plan and implementing land 32 development regulations of the appropriate local governing body; and, 33 34 WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to 35 adopt an intergovernmental coordination element as part of their comprehensive plan that 36 states principles and guidelines to be used in the accomplishment' of coordination of the 37 adopted comprehensive plan with the plans'' of the school boards, and describes the processes 38 for collaborative planning and decision- making on population projections` and public school 39 siting; and, 40 41 WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require each county and 42 the non - exempt municipalities within that county to enter into an interlocal agreement with 43 the district school board to establish jointly the specific ways in which the plans and ' 44 processes of the district school board and the local governments are to be coordinated; and, 45 i a a_ Page l of 2 i ,.r..; i I WHEREAS, By entering into this agreement the School Board, County, and the Cities are 2 fulfilling their statutory obligations and requirements recognizing the benefits that will 3 accrue to their citizens and students described above; 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA:` 8 Section 1: That the City of South Miami hereby enters into the attached "Interlocal Agreement for 9 Public School Facility Planning in Miami -Dade County ". 10` 11 12 Section 2. This resolution shall be effective immediately after the adoption hereof. 13 14 j 15 PASSED AND ADOPTED this , day of , 2003 16 17 18 19 ATTEST: APPROVED: 20 21 22 CITY CLERK MAYOR 23 24 Commission Vote: 25 READ AND APPROVED AS TO FORM; Mayor Feliu 26 Vice Mayor Russell 27 Commissioner Bethel: 28 Commissioner Wiscombe; 29 Commissioner' McCrea: 30 CITY ATTORNEY I i i i 31 i i Page 2 of 2 i Final Proposed Draft 1 /15/03 INTERLOCAL AGREEMENT FOR PUBLIC :SCHOOL FACILITY PLANNING - IN MIAMI DADE COUNTY This agreement is entered into between Miami -Dade ,County, a political subdivision of the State of Florida (hereinafter referred to as "County "), the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores; City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa- Locka, Village of Palmetto' Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities "), and The School Board of Miami -Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"). RECITALS WHEREAS, the County, Cities and the School Board'' recognize their mutual obligation and responsibility for the education,` nurturing and general well- being of the children within their respective communities; and, WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and students of 'their communities by more closely coordinating their comprehensive land use and school facilities ' planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, and 'parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and, sidewalk construction programs of the local governments,;' (4) better defined' urban form by locating and designing schools to serve as community focal Page 1 of 19 i I i points, (5) greater efficiency and convenience by co- locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately ;locating new schools and expanding and ! renovating existing schools, and (7) improving the quality of education in existing, renovated and proposed schools; and, WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and, WHEREAS, Sections 163.3177(6)(h) 1 and 2 Florida Statutes, require each local government to adopt an intergovernmental coordination : element as part of their' comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and, WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require; each county and the non - exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, By entering into this agreement the School Board, County, and the Cities are fulfilling their statutory obligations and requirements recognizing the benefits that will accrue to their citizens and students described above; AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the following procedures will be followed in coordinating land use and - public school facilities planning: Section 1. Joint Meetings' I 1.1 A staff working group comprised of the County Mayor /Manager and /or designee, School Board Superintendent and /or designee, and City Mayor /Manager and /or their designees will meet at least on a semi- annual basis to discuss' issues and formulate recommendations regarding public education in the School District, and coordination of land use and school facilities planning, including such issues as population and student projections, development trends, a work program for five, ten and twenty year intervals and its relationship to the local government comprehensive plans, particularly as it relates to identification of potential school sites in the comprehensive plan's future land use map series, school needs (school capacity and school funding), collocation and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure j ` Page 2 of 19 1 .:F �; i safe student access. Representatives from the Regional Planning Council, the Latin Builders Association and the Builders Association of South Florida will also be invited to attend and participate. The initial meeting of the working group shall be held within 60 days of the date of execution of the interlocal agreement, upon at least 30 days written advance notice, and shall be coordinated by the School Board Superintendent, or designee. 1.2 The School Board Superintendent and/or designee shall coordinate an annual joint workshop session and invite one or more representatives of the County Commission or their designee, the governing body of each City or their designees, and the School Board or their designee (s). A representative of the Regional Planning Council will also be invited to attend. The School Board shall provide the meeting invitations with at least 30 days' advance written notice of such meeting to the person designated as a contact in this Agreement. The joint workshop sessions provide opportunities for the County Commission, the City Commissions or Councils, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding public education, and coordination of land use and school facilities planning, 'including population and student growth, development trends, school needs, off' site, improvements, school capacity, school funding, options to reduce the need, for additional permanent student stations, and Joint use opportunities. Section 2. Student Enrollment and Population Projections 2.1 In fulfillment of their` respective planning duties, the County, Cities, and School ,,Board agree to coordinate their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five -year population projections shall be updated at least once every two years by the County. The School Board may enter into a separate agreement with the County for the preparation of student enrollment projections. Updated County and School District data shall be provided at least once every two years for review at the staff working group meeting described at subsection 1.1. 2.2 The School Board shall utilize student` population projections based on information produced by the demographic, ` revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the local governments: and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and developme nt trends. In formulating such a request, the School Board will coordinate with the Cities and County regarding development trends and future population projections. Page 3 of 19 2.3 The School Board, working with the County and Cities via the staff working group, will use the information described in subsection 3.4 and any other relevant information provided as part of the requirements of this Interlocal Agreement, to allocate projected student enrollment by Minor Statistical Areas. The allocation of projected student enrollment will be determined at the first staff meeting described in subsection 1.1. Section 3. Coordinating and Sharing of Information 3.1 Tentative District Educational Facilities Plan: By June 30t" of each year, the School Board shall submit to the County and each City the tentative district educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 1013.35; Florida Statutes, and include projected student populations geographically, an inventory of existing school facilities, projections of facility space needs, information on relocatables, general locations of new schools for the 5 -, 10 -, and 20 -year time periods, and options to reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5 -year period. The .Cities and County shall review and evaluate the plan and comment to the School 'Board within 60 'days on the consistency of the plan with the local comprehensive plan, including its compatibility with the comprehensive plan's future land use map series, and whether a comprehensive plan amendment will be necessary for any "proposed educational facility. 3.2 Educational Plant Survey: The School Board will remain responsible for reporting and submission' of updates. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination ; with existing land use plans. The staff working group, in accordance with the procedure outlined in Section 3.5, will evaluate and make recommendations regarding the location and need for new, significant renovation or expansion, closures of educational' facilities, and the consistency of such plans with the local government comprehensive plans and relevant` issues including, but not limited to, those listed in subsections 4.3, 7.6, '7.7 and 8.1 of this agreement. 3.3 The "County and the School Board shall annually review the i Educational Facilities Impact Fee Ordinance, its formula, , and the Educational Facilities Impact Fee Methodology and Technical Report, and if appropriate, make recommendations for revisions to the Board of County Commissioners. Among the goals of this annual review will be the adjustment of impact fee structure to ensure the full eligible capital costs, as allowed by the governing ordinances, associated with development of public school capacity is included. In reviewing the Educational Facilities Impact Fee Ordinance ('EFIFO) the County a' nd School Board shall employ Page 4 of 19 their best efforts to evaluate a more equitable distribution of impact fee assessments, including redistricting to create east/west alignments of benefit districts throughout the County. Such benefit districts should combine urban infill and emerging development areas within the County. 3.4 Growth and Development Trends: By January 31St of each year, local governments will provide the School Board with a report on growth and development trends within their jurisdiction, based on the previous calendar year. This report will be in tabular, graphic, and /or textual formats a and will include the following: (a) The type, number, and location of residential units, which have received zoning approval or site plan approval; (b) Information regarding adopted future land use map amendments, which may have an impact on school facilities; (c) The County shall report to the School Board the school impact fees collected annually on building permit applications, said report shall include the amount of the fee collected and location of the proposed residential development. The School Board shall report to the County to each City how the impact fee revenuel and all other school { contributions have been spent within the Benefit District in which ' it was collected. All data shall include source information for verification and be provided' in a format consistent with other capital expenditures; (d) Information, if available, regarding the conversion` or redevelopment of non- residential structures into residential units that ` are likely to generate new students, and conversely information on the number of residential units I converted to non - residential uses; and (e) The identification of any development orders issued that contains a requirement for the provision of a public school site as a condition of development approval. 3.5 The staff working group shall provide recommendations on the planning of new facilities, additions or renovations for consideration by School Board staff and the SSPCC in formulating the tentative district educational facilities plan. Likewise, the staff working group shall also provide input and comments, recommendations on the update of the Five -Year Educational Plant Survey and any revisions thereto. Section 4.. School Site Selection Significant Renovations, and Potential School Closures Page 5 of 19 4.1 The School Board as soon as possible after the Interlocal Agreement is effective as to any party shall amend its rule 6Gx13 -2C- 1.083, Section II.D. Membership, to expand the membership of its standing School Site Planning and Construction Committee (SSPCC) by four voting members as follows: "a floating member" designated by the City Manager of the most impacted municipality to which the agenda item relates whenever an agenda item concerns any incorporated area of Miami -Dade County, or if it concerns an unincorporated area, this "floating member" shall': be from the geographically- nearest municipality most impacted by the agenda item; a representative selected by the Miami -Dade County League of Cities; a Miami -Dade County representative selected by the County Manager or designee;" and "a member of the residential construction industry." For purposes of this Section, a 'floating member from the most impacted local government shall be defined as the local government jurisdiction in which the proposed project is located. In the event that this rue change is not accomplished as required herein, the School Board shall approach the Cities and County and negotiate an amendment to this Agreement with a mutually acceptable alternative means of coordination' on all issues herein allocated to the SSPCC. The SSPCC shall review potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential closure of existing schools, and make recommendations on these and all other issues within its purview under the Rule for consideration by School Board staff. The SSPCC shall also: (a) Host a planning forum on an annual basis or more often as may be needed. For purposes of this forum, the SSPCC shall invite a representative from each of the impacted 'units of government to participate in the proceedings and to provide input and comments, for consideration' by the SSPCC in its deliberations. The forum will review the School Board's acquisition schedule and all other relevant issues addressed in this Agreement and required by statute, and will include appropriate staff members of the School Board, at least one staff member of the County and a representative from each of the affected Cities. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent' or designee for ` the upcoming year. (b) Invite a staff representative from each unit of local government affected by an agenda item at any SSPCC meeting throughout the year to attend that meeting. It shall provide a full opportunity for such local { government representatives to provide comments, and shall consider those comments in its deliberations. Based on information gathered during the review, the SSPCC will submit recommendations to the Superintendent or designee on these items. For purposes of this Sub Section, an affected local government shall be { Page 6 of 19 ., a defined as follows: a. Any jurisdiction within fifteen hundred feet of the property or improvement; and b. Any jurisdiction whose utilities are utilized by the School Board property or improvement. The School Board Superintendent and /or designee shall provide the invitations referenced in this Section 4.1, with at least 30' days advance written notice of such meeting to the person designated as a contact in this Agreement. The Superintendent or designee shall forward the SSPCC recommendations referenced in this Agreement to the School Board so that they may be considered by the Board at the time that it deals with the issues to which the recommendations relate. 4.2 When the need for anew school is identified and funded in the district educational facilities plan, the SSPCC will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified and funded in the district educational facilities plan for significant renovation, the location of relocatables, or additions to existing buildings and potential closure and opportunities for collocation will be submitted to the local government with jurisdiction over the use of the land for an informal assessment regarding consistency with the local government comprehensive plan. 4.3 The evaluation of new school sites or significant expansion of student stations at existing schools shall be in accordance with School Board Rule 6Gx13 -2C- 1.083, as may be amended from time to time and attached hereto as Exhibit "A ". Any proposed amendments to this rule, which may impact upon the terms of this Interlocal Agreement, shall be submitted to the affected local 'units of government prior to submission to the SSPCC and to the School Board. 4.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public ri educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories as depicted in the future land use map series, as well as the policies of the local government's comprehensive plan. If the site is not consistent, it shall not be used as a school site until and unless otherwise approved by the local government. This preliminary notice does not constitute the local government's determination' of consistency pursuant to co 9 , section 1013.33 (12), Florida Statutes. Section 5. Supporting Infrastructure Page 7 of 19 .... s 5.1 In conjunction with the preliminary consistency determination described at subsection, 4.4 of this agreement, the ` School Board and affected local governments will jointly determine the need for, and timing of, on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school. Significant renovation shall include construction improvements that result in a greater than five (5) percent increase in student capacity, the location of portables, or additions to existing buildings. The School Board and affected local government will enter into a letter of agreement as to the timing, location, and the party or :parties responsible for constructing, operating and maintaining the required on -site and off -site improvements, respectively. This section shall not be construed to require the affected local unit of government to bear any costs of infrastructure improvements related to school improvements. Section 6. Public Education Facilities Site Plan Review 6.1 The School Board and the County will continue to coordinate any and all proposed construction or expansion of public educational facilities, including the general location of new schools ` in unincorporated Miami -Dade County, with the County's Comprehensive Development Master Plan (CDMP) and local land development regulations in accordance with the review procedures outlined in Miami -Dade' County Resolution R- 535 -92, as adopted on May 5, 1992. 6.2 The School Board will coordinate any and all proposed construction or expansion of public educational facilities, including the location of new schools or relocatables, within any City's jurisdiction' with that City's adopted comprehensive plan and land development regulations. This coordination shall be accomplished in accordance with the provisions of Section 1013.33 (12) through (15), Florida Statutes. The affected City shall provide all of their comments to the School Board as expeditiously as feasible, and not later than sixty (60) days after receipt of the complete site plan, and to the extent possible, adjustments` to the site plan shall be `made to address the stated concerns. a { Page 8 of 19 Section 7. Local Planning Agency, Comprehensive Plan Amendments, Rezonings, and Development Approvals 7.1 Pursuant to Section 163.3174 (1), Florida, Statutes, the County and Cities will invite a staff representative appointed by the School Board, as a non- voting member, to attend meetings of their local planning agencies or equivalent agencies that first consider comprehensive plan amendments and rezonings at which comprehensive plan amendments and rezonings are considered that would, if approved, increase residential density. The County and Cities may, at their sole discretion, appoint such School Board representative to the planning agency, and grant voting status to the School Board member. 7.2 The School Board will designate a staff representative to serve in an advisory support capacity on the County's staff development review committee, or equivalent body. In addition, the School Board representative will be invited to participate at the meetings of the Cities' staff development review committees, or equivalent body, as appropriate, when development and redevelopment proposals are proposed that would create an increase in the number of residential units. It shall be the responsibility of School Board staff to review the potential impact of a d ' a detTr�,, e— whether -OF net. proposed (re) development ee l have — based` on current Florida Inventory of School Houses (FISH) capacity (both permanent and relocatables) and be prepared to convey this information in writing to the local staff development review committees at least five days prior to the meeting or development review committee review, for their consideration. The School Board shall only be required to provide such review where the proposed p osed �(re ) development will result in an _inc r ea se in FISH ca ac i t Y (permanent and relocatables in excess of 115 %. , mprehensive p164 whiGh is the s- J— , shall also repeFt oh, Us the subjeGt of the , , , hiteFleGal 7 This figure hall be considered only s a review threshold and shall not be construed to obli q ate the L County or a City to deny a development should the School Board fail to identifv options to meet anticipatedi demand Poir should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. A copy of the r °�' °�� °' ^rn, ° ^+ plans shall be delivered to the School Board representative at least 15 working', days prior to the proposed meeting date,; or on the date the agenda' is distributed. The School Board's review shall be conducted in accordance with the methods j set forth in the procedures manual to be adopted in accordance with'th'e provisions set forth: in this Agreement. Page 9 of 19 n F17 r -: i a 7.3 The County and the Cities agree to notify transmit to the School Board copies of proposed land use applications and development proposals pending before them that may affect student enrollment, enrollment GNT�LTf TIT 1 projections, or school facilities. SuGh notlse --shall be provided to the 4 Or-donanGes. This not+se requirement applies to amendments to the ' comprehensive plan future land use map, rezonings, developments of regional impact, and other major residential or mixed -use witharesidential semponent development projects with a residential component. 7.4 Within 30 days after receipt of notification by the local government, which notification shall include development plans, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal and whether sufficient capacity exists or is planned to accommodate the impacts'. School ;capacity will be reported consistent with State Requirements for Educational Facilities, and shall be based on current FISH capacity at impacted schools (including permanent and relocatable j satisfactory student stations), as well as any proposed student station additions in the area of impact. The School Board will also include capacity information on approved charter schools that provide relief in the i area of impact. 75 If sufficient capacity is not available or planned to serve the development at the time of impact, _ the School ` Board will determine and specify the options available to it to meet the anticipated student enrollment demand. Alternatively, the School Board, local government, and developer will use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students generated from the new residential development. The School Board ` shall be responsible to review and consider funding options'` for the incremental increase in the projected number of students which include, but are not limited to, creation of new community development districts pursuant to Chapter 190; Florida Statutes, creation of educational facilities benefit districts as described in Section 1013.355, Florida Statutes, other available broad -based funding mechanisms to fund school capital construction, developer contributions in the form of land donation set asides,`' monetary contributions, or developer provided facility improvements in lieu of impact fees and other School Board approved measures such as public charter schools,` public- private partnerships, or a combination of any of these. In its analysis of need, School Board staff shall also include information on the estimated educational facilities impact fee revenues to be generated by the development, as well as on any other available funding for capital projects specifically intended to mitigate the Page 10 of 19 area of impact. This Section shall not be construed to obligate a City to impose, assess or collect a school impact fee, unless provided by general law. As it relates to the collection of impact fees, this provision shall not be subject to dispute resolution under Section 9 of this Agreement. This Section shall not be construed to obligate a City or County to deny a development should the School Board fail to identify options to meet anticipated demand or should the collaborative process described in this Section fail to yield a means to ensure sufficient capacity. 7.6 In the review and consideration of comprehensive plan amendments, rezonings, and development proposals, and their respective potential school impacts, the County and Cities should consider the following issues: a. School Board comments, which may include available school` capacity or planned improvements to increase school capacity, including School Board approved charter schools and operational constraints (e.g., establishment of or modifications to attendance boundaries and controlled choice zones), if any, that may impact school capacity within an area, including' public- private partnerships; b. The provision of school sites and facilities within planned j neighborhoods; c. Compatibility of land uses adjacent to existing schools and reserved or proposed school sites; d. The potential for collocation of parks, recreation and neighborhood facilities with school sites; e. The potential for linkage of schools, parks, libraries and other public facilities with bikeways; trails, and sidewalks for safe access; f. Traffic circulation plans that serve schools and the surrounding' neighborhood, including off -site signalization, signage, and access improvements; g. The general location of public schools proposed in the five -year work plan as well as other available information over a ten and 20 -year time frame. 7.7 In formulating community development plans and programs, the County and Cities should consider the following issues: a. Giving priority to scheduling capital improvements that are Page 11 of 19 coordinated with and meet the capital needs identified in the School Board District Educational Facilities Plan; b. Providing incentives that promote collaborative efforts between the School Board and the private sector to develop adequate school facilities in residential developments; c. Targeting community development improvements in older and distressed neighborhoods near existing or proposed School Board owned and operated public schools and ' School Board approved charter schools; and d. Coordination with neighboring jurisdictions to address public school issues of mutual concern. e. Approval and funding of community development benefit 1 districts (CDD'S) and other, available funding; mechanisms created by state law. Section 8. Collocation and Shared Use j 8.1 Collocation and shared use of facilities are important to both the School Board and -local governments. The School Board and Cities and County will work together, via the staff working group and the SSPCC, to look for opportunities to collocate and share use of 'school facilities and civic facilities when preparing the District Educational Facilities Plan. ` Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, potential opportunities for collocation and shared use with public schools will be considered where compatible for existing or planned libraries, parks, recreation facilities, community centers, auditoriums, j learning centers, museums, performing arts centers, and stadiums. In j addition, the potential for collocation and shared use of school and governmental facilities for joint use by the community will also be considered: 8.2 A separate agreement or an amendment to a master agreement between the School Board and the appropriate local government will be developed for each instance of collocation and shared use, which addresses legal liability, operating and maintenance 'costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use. Section 9. Resolution of Disputes 9.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, the Page 12 of 19 a''..FBt --s- ter'.- "- °T'G,.'"` ,;RN -u':?` - T,?*7."`^:T xZi."- ..T .✓' :'n'^:- -m-^r "T'xR h:+^°,,.- -T,'?i'?r `-�- r',`f*�'.'w' applicable parties to the dispute will employ dispute resolution procedures pursuant to 'Chapter 164 or Chapter 186, Florida Statutes, as amended from time to time, or any other mutually acceptable means of alternative dispute resolution. Each party shall bear their own attorney's fees. a Section 10. Oversight Process 10.1 The School Board shall appoint up to nine (9) citizen members, the County and the Miami -Dade County League of Cities shall each appoint up to five (5) citizen members to serve on a committee to monitor ' implementation of the interlocal agreement. The School Board shall organize and staff the meetings of this Committee, calling on the staff working group for assistance as needed. It shall provide thirty (30) days - written notice of any meeting to the members of the Committee, the staff working group, the SSPCC, County, Cities and to the public. Committee members shall be invited by the School Board to attend all meetings referenced in Sections 1 and 4 and 'shall receive copies of all reports and documents produced pursuant to this interlocal agreement. The Committee shall appoint a chairperson, meet at least annually, and report to participating local governments,` the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. Meetings' of the Committee shall be conducted as public i meetings, and provide opportunities` for public participation. Section 11. Effective Date and Term This Agreement shall become effective upon the signatures of the School Board and County, and shall remain in full force and effect for a period of 'a five (5) 'years from the effective date. The execution of the Agreement by each City shall make it effective as to that City. The failure of any party to execute the Agreement by March 1, 2003 may subject that party to penalties as provided by statute. This Agreement may be earlier cancelled by mutual agreement of individual Cities or County and the School Board, ii unless' otherwise cancelled as provided or allowed by law. This Agreement may be extended upon the mutual consent of the parties to this Agreement for an additional five (5) years, on the same terms and conditions as provided herein, provided that the party seeking an { extension gives written notice to the other parties of such intent to extend no later than one (1) year prior to the expiration of the then current term, and the other parties agree in writing to such extension. Extensions shall l be valid as to those parties consenting in writing thereto, even if not all I parties hereto so consent. I! 11 ii Page' 13 of 19 l i Section 12. Severabilitv If any item or provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Section 13. Notice and General Conditions A. All notices which may be given pursuant to this Agreement, except notices for meetings provided for elsewhere in this Agreement, shall be in writing and shall be delivered by personal service or by certified mail return receipt requested addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Phone: (305) 446 -8910 Fax: (305) 466 - 8919 Town Manager Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, Florida 33154 City Manager City of Coral Gables P.O. Box 141549 Coral Gables, Florida 33114 -1549 Mayor Village of El Portal 500 N.E. 87 Street El Portal, Florida 33138 -3517 Page 14 of 19 L Mayor City of Florida City P.O. Box 343570 Florida City, Florida 33034 -0570 Mayor City of Hialeah P.O. Box 110040 Hialeah,`` Florida 33011 -0040 Chief Zoning Officer City of Hialeah Gardens 10001 N.W. 87 Avenue Hialeah, Gardens, Florida 33016 City Manager City of Homestead 790 North Homestead Boulevard Homestead, Florida 33030 Village Manager Village of Indian Creek 9080 Bay Drive Indian Creek Village, Florida 33154 Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 City Manager City of Miami 3500 Pan American Drive Miami, Florida' 33133 City Manager City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach 'Florida 33139 0 Town Manager Town of Miami Lakes 6853 Main Street Miami Lakes, Florida 33014 Village Manager Village of Miami Shores 10050 N.E. Second Avenue Miami Shores, Florida 33138 City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166 -5259 City Manager City of North Bay Village 7903 East Drive North Bay Village, Florida 33141 City Manager City of North Miami 776 N.E. 125 Street North Miami, Florida 33161 City Manager City of North Miami Beach 17011 N.E. 19 Avenue North Miami Beach, Florida 33162 Director of Community Development and Planning City of Opa -Locka 777 Sharazad Boulevard Opa- Locka, Florida 33054 Village Attorney The Village of Palmetto Bay 3225 Aviation, Avenue, Suite 301 Miami, Florida 33133 Planning Director Village of Pinecrest 11551 S. Dixie Highway Pinecrest, Florida 33156 City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Deputy City Attorney Page 16 of 19 '1 •'= ,�n�a , , . -`4 .... ,2^r v, k try, r F�"c �p e=F_:, FT.� ",Sm +,. City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Mayor City of Sweetwater 500 S.W. 109 Avenue Sweetwater, Florida 33174 -1398 City Manager City of West Miami 901 S.W. 62 Avenue West Miami, Florida 33144 Miami -Dade County Director Department of Planning & Zoning 111 N.W. First Street Miami, Florida' 33128 Superintendent The School Board of Miami -Dade County, Florida 1450 N. E. 2 Avenue, Room 912 Miami, Florida 33132 B. Title and ` Paragraph headings are for convenient reference and are not intended to confer any rights or obligations ; upon the parties to this Agreement. Section 14. Merger Clause This Interlocal Agreement together with the Exhibits hereto sets forth the entire agreement between the parties and there are no promises or understandings other than those stated therein. It is further agreed that no modification, amendment or alteration of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herein. The Exhibits to this Agreement will be deemed to be incorporated by reference as though set forth in full herein. In the event of a conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits then this Agreement will prevail. Any amendment to this Agreement requested by a local legislative body of the County or a participating municipality will be placed on a School Board Agenda for consideration within sixty (60) days of the School Board's receipt of such request. Likewise, any amendments to this Agreement requested by the School Page 17 of 19 Board will be placed on the agenda of the local legislative body of the County and participating municipalities for consideration within sixty (60) days of receipt of the request.' Section 15. Counterparts Clause This Interlocal Agreement may be executed in counterparts and facsimiles shall constitute best evidence for all purposes. Section 16. Supplementary Agreements All parties to this Interlocal Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement M St Rot be *e„aistent shall be consistent with the statutes governing this Interlocal Agreement. Section 17. Favored Nations Should the School Board enter into an agreement with another municipality, separate or otherwise, which provides more beneficial terms than those agreed to `'herein, the School Board shall offer the same terms to all other parties to this Interlocal Agreement. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Miami -Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, ,City of Homestead, Village of Indian Creek, Village of :Key Biscayne, City,of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa- Locka, Village of Palmetto- Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami, and the School Board of Miami -Dade County, Florida, on this day of 12003. ATTEST: Chairman, School Board Chairman, Board of County Commissioners Page 18 of 19 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: February 14, 2003 From: Sandy Youkihs AGENDA ITEM # Acting City Manager Re: Commission meeting Feb. 18, 2003 Darby Wagner's Arbitration Settlement REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CLAIMS; REINSTATING DARBY WAGNER TO FULL DUTY AS A.POLICE OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE ARBITRATION AWARD INCLUDING' AUTHORIZING PAYMENT OF BACK PAY WAGES, AUTHORIZING RETROACTIVE SENIORITY WAGE INCREASES, AND ALL OTHER BENEFITS; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution is requesting your authorization for the City Manager to reinstate Darby Wagner as Police Officer pursuant to arbitration award. Mr. Wagner was terminated in June 2001. In accordance with the PBA contract, Mr. Wagner requested arbitration hearing on his termination. The City and Mr. Wagner agreed to abide by the findings and recommendations of the arbitrator. At the conclusion of the hearing, the arbitrator recommended that Mr. Wagner be reinstated with back pay, including benefits, from the day he was terminated. As per the attached schedule, the city administration has calculated the amount of Mr. Wagner's back -pay for part of 2000 /01 and 2001 /02 fiscal years to be $67,660. The funds to pay for this amount are part of the first quarter budget adjustment that is being provided for your approval. It will come out of General Fund as Contribution to Self Insurance, in order to pay it as a settlement from our Self Insurance fund account number 504 - 1500 - 514.9925. The $57,629 to pay his wages and benefits for this fiscal year has been included as part of police department's budget adjustment. Approval is recommended. Attachments SAY /FIN I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 6 CLAIMS; REINSTATING DARBY WAGNER TO FULL DUTY 7 AS A POLICE- OFFICER PURSUANT TO AN ARBITRATION 8 AWARD; DIRECTING PERFORMANCE OF CERTAIN 9 REQUIREMENTS UNDER THE ARBITRATION AWARD 10 INCLUDING AUTHORIZING PAYMENT OF BACK PAY 11 WAGES, AUTHORIZING RETROACTIVE SENIORITY WAGE 12 INCREASES, AND ALL OTHER BENEFITS; PROVIDING AN 13 EFFECTIVE DATE. 14 15 Whereas, the arbitrator in the matter styled Darby Wagner v. City of South 16 Miami, case number 32 -390- 00258 -01, ordered the employee reinstated with back 17 pay; and 18 Whereas, pursuant to the collective bargaining agreement between the city 19 and the Dade County Police Benevolent Association the arbitration award is 20 binding on the city. 21 22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; 24 25 Section 1. The city manager is directed to take actions required to 26 reinstate Mr. Wagner; with back pay and benefits, as ordered in the annexed 27 award. 28 Section 2. The city manager is authorized to pay Darby Wagner the 29 sum of $67,660, as back pay, for 2001/02 and part of 2000/01 fiscal years from 30 account number 504.1500- 514.9925, titled "Self Insurance fund — Settlements ". 31 Section 3. The city manager is authorized to reinstate Darby Wagner 32 as Police Officer, pay him the back -pay, wages and benefits he is entitled for this Additions shown by underlining and deletions shown by evestilg. I fiscal year, calculated to be $57,629, from the appropriate accounts within the 2 police department's budget. 3 Section 4. This resolution shall take effect immediately upon approval. 4 5 PASSED AND ADOPTED this _ 6 7 ATTEST: 8 9 10 CITY CLERK 11 12 13 14 READ AND APPROVED AS TO FORM: 15 16 17 CITY ATTORNEY 18 19 20 21 22 \\Dell6100 \Documents \0022\DAJ\16776.doc day of February, 2003. Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner McCrea: CALCULATION OF AMOUNT OF ARBITRATION ORDERED PAY FOR DARBY WAGNER 6 PAYPRDS 2000/01 2001/02 2002/03 WAGES 10,328 46,990 48,400 FICA 790 3,595 3,703 UNIFORM ALLOWANCE 300 300 HAZARD 180 780 910 EDUCATION INCENTIVE 76 480 480 DENTAL 34 136 136 HEALTH;, INSURANCE 634 2,960 3,381 LIFE INSURANCE 30 135 139 DISABILITY 38 174 179 12,110 55,550 57,629 ir LAW OFFICE 1 OF GEORGE H. TUCKER, P.A. 1401 UNIVERSITY DRIVE SUITE 600 CORAL SPRINGS, FL 33071 -6088 TELEPHONE _(954) 345 -2788 TELECOPIER (954) 755 -4623 December 16, 2002 Orlando Hernandez Acting City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 I Re: Reinstatement of Officer Darby Wagner pursuant to Arbitration Award. Dear Mr. > Hernandez: Pursuant to the Arbitration Award rendered by Arbitrator Ray Fernandez reinstating Officer Darby Wagner to his employment with the City of South Miami ( "City "), this is to hereby notify the City that Officer Wagner is ready, willing and able to continue his employment with the City. Additionally, since Officer Wagner was awarded full back pay and was ordered to be "made whole" with respect to wages, seniority, and all other benefits which he would 1 have received had he not been wrongfully terminated, please provide the undersigned i with a breakdown of wages and benefits to which Officer Wagner is entitled pursuant to the Award. If you have any questions, feel free to contact me. j Sincerely ORGE H. TUCKER cc: Officer Darby Wagner Michael Spivak, Esquire Attorney for City a ,Jac -18 -02 12:45pm From -NAGIN GALLOP FIGUEREDO T -223 P- 001/019 F -758 Attorneys & Counselors 3225 .Aviation Avenue Third Floor Telephone: (305) 854 -5353 Miarni Florida 33133 -4741 Facsimile: (305) 854 -5351 I"AX TRt NSMHSSION COVER, SHEET Dater .December 18, 2002 TO= Captain Bnire Ross Fax.- (305) 663 -6337 Pha ne: (305).665- -6336 Be: Darby WlaperArbilmlian CWMr/ Mattes 0022-094 Sender., ' Debra Jester, As:d dani to Earl G Gallop a CoI2lments. i YOU SHOULD MC IT/E i9 1 G.C,(S), INCLUDING TmS COVER SHEET- IF- YOU DO NOT RECEIVE ALL THE PAGES, PLF4SE C4L,L. (305) 854 -5353 This transmission is prctceted by arrarney- clienr and work product legal privileges, is strictly confidential, 1 and solely is intended for review by the above addressee. If you received this in error, please read no further. Cali i (305) 854 -5353 and arrangements immediately will be made to retrieve this at no expense to you. { i i i l ..ti,.'; ._•° -"'� *';- ,�., -�i . - ^5kr s�� .a.. ,s,- C" � °a`z-x.: -, � , s'�' ,F eT'� ;;; yF*n-3:;nw�",7^`°'? ,fi3;:re.'P�'.'.; , *3.e FC , `<'"x s, Dee -1B -02 12:45pm From -NAGIN GALLOP FIGUEREDO 30E -854 -5851 T -223 P.002%019 F -758 AmezicanArbitmtivraAoca ' [PY Dis#ute ResOlutinn Servitts Worldwide L7anyaKddrRebymall Vice Pmident, Cast Mmagmem Center December 9, 2002 2200 0mu q Patkwan Suite 300, Atlanta. GA GA 30345 telephow. 404 -325 -0101 facsimile_ 404- 325 -8034 intcmck http:llwww.adeorg/ Geaorse I=L Tucker, Esq, 1401 University Drive Suite 600 a Coral, Springs, FL 33071 Michael Spivak City of South Miami ' 3225 Aviation Ave., 3rd PL MiauC!<7!!i hL 33133 Re: 32 390 00258 01 Darby Wagner '3 and City of South Miami Grievances: Dar#ry Wagner - Termination Dear Parties: By direction of the Arbitrator we herewith transmit to you the duly executed Award and Opinion in this i matter_ We also enclose the Arbitrator's bill for services rendered in the abave- captioned matter. Enclosed for Messrs George Tucker and Michael Spivak are copies of the arbitratoes billing in this 1_ matter. When paying the Arbitrator, checks should be prepared and mailed directly to the Arbitrator, not to the Association. ArbitruArbitration ssociation. Your cooperation in this matter is greatly appreciated: The American Arbitration Association, in its publications Summary of Labor Arbftradopn Awards, ArbU-:f va & the Schooft and Labor Arbitration in G overrenent, reports arbitration decisions in labor arbitration cases. These monthly publications have a wide distribution and are used by practitioners in the field as wells as for educational and research purposes. We would like to consider the enclosed ca se of yours for reporting in a forthcoming issue. Unless we hear from you to the contrary withmi one (1 ) month from the date of this letter of transmittal, we will assume your have no objection to our doing so. objections to use of the decision. should be sent directly to the Publications Department, AAA, 335 Madison Avenue, 10'` Floor, New York, Nat 10017. ii j.l Dec -18 -02 12:46pm From -NAGIN GALLOP FIGUEREDO 355 -854 -5851 - T -223 P.004.1019 F -758 1216/02 To: George H. Tucker. 1401 University Drive, Suit 600 Canal Springs, FL 33071 954- 345 - 2785 Michael Spivack 3225 Aviation Avonue. Third Floor Miami, FL 33133-4741. Frain: day Fcnnaactez, Arbitrator 9791 Sit 123 Avenue Miami, FL 33186 Re: Case # 32- 390 - 00258 -01 ,I Darby Wagner, Termination Enclosed is a copy of the award and opinion for the above referenced case. Please use this memorandum as my hill for services rendered for this case. { 3 Days @ $750,00.... $2,250.00 Amount Payable by the Grievant $1,125.00 i Amount Payable by the City $ 1,125.00 Please make your checks payable to my corporation, SDIG, Inc. (EIN 65 7332) and mail to my address as listed. above. Z would like to thank you for giving me the opportunity to work with you on this case and look forward to serving you again. PTI a a Dee -18 -02 12:46pm From -NAGIN GALLOP FIGUEREDO M454 -5851 T -228 P.006 /019 F -758 American Arbitration association Case Number: 32- 390 - 00258 -01 Issue: Was the Qievant, Darby Wagner, terminated from his erapIoyxnent w: ith the City of South Miami for just cause, and if not, what shall be the remedy? Date of Hearing: September 25, 2001 before Arbitrator Jason Be 1cm an., Due to health reasons, Mr. Berkman was unable to mite the award and j opinion for this case and the transcript, exhibits and claszng briefs were delivered to me for me to write the award and i opinion for this case, } Arbitrator: Ray Fernandez z Representatives: Michael Spivack, for the City George H. Tucker, for the +Grievant 1 Grievant: Darby Wagner Witnesses: Frank Gilbert Brace Ross ` Coles Watson Jahn Barzola Maeileen Alvarez Charles Scums Darby Wagner Dec -16 -a2 12:46pm From -NAGIN GALLOP FIGUEREDO 305- 654 - 5351 T -223 P-007/019 F -755 Proceedings The hearing was held on September 25, 2002 in Miami., Florida before Arbitrator Jason Berkman. Due to health reasons, Mr. Berkman was unable to write the award and opinion for this ease and I was contacted by the parties to write the award and opinion for this case based on the transcript, exhibits and closing briefs. At the hearing, the parties presented evidence through exhibits and testimornyof witnesses who were subject to direct and cross examination. The parties were represented by legal counsel and an official transcript of the proceedings was taken by ,Certified Shorthand Reporters, Inc. I received the transcript; exhibits and closing briefs from the parties on November 15, 2002. The award and opinion for this case is due on or before 30 days after November 15 2002. The date' of this award and opinion is 12/6/02. Exhibit Joint: (1) CBA (2) Terminatioxa Letter (6/26101) Union: (1) Citizen Complaint (8/27/00) (2) Memo Watson to Scurr (4/20101) (3) Judgment of Acquittal' (4/25101) (4) Memo Feldman to Watson (2i1/Q1) (5) Citation (8n /oo) (6) Composite (Wagner-Performance Reviews) (7) Composite (Wagner-Recognition, Commendations) City: (1) Arrest Affidavit (8/27/00) (2) Alvarez/ Statement (3) Barzola's Statement ( } 4 Jaynes' Statement (5) Arrest Warrant (1 15 101) (6) Daily Activity Worksheet (8/27100) (7) Memo Ross to Watson (2/1/01) (S) April 24, 2001 Court Transcript (9) April 25, 2001 Court Transcript' (10) Alvarez' Deposition �- ,.?. . ..,cam •_ .•,�t'�r < <- ^`�"� Dec -18 -Q2 12.48pm From -NAGIN GALLOP FIGUEPEDO 305 -954 -5351 T -223 P.008 /019 F -758 (11) Barzola's Deposition (12) Second Baarzola's Deposition (13) Gilbert's Deposition (14) Lea's Deposition (1 S) Adnunistrative Hearing Transcript (16) Jazzes' Deposition Dee -1B -D2 12:47pm From -NAGIN GALLOP FIGGEREDO 305- 654 -5851 T -223 P.009 /019 F -758 Backund'and Facts Very little, if anything, of the factual background to this case is in dispute. • The Grievant had been a. police officer for the City of South Miami sine 1996. • The Gr evant's name is Darby Wagner. • The Grievant is a member of the bargaining unit of police officers working for the City of South Miami. • The Grievant" s wages, hours and wt►rldng conditions are governed by a collective bargaining agreement between the City of South Miami and the Dade Connty'Police Benevolent Association. • Article 21 of the collective bargaining agreement between the parties gives management the night to fire, demote, suspend or otherwise discipline employees for proper cause. • Grievant was ter nitrated without the City obtaining a statement f om him. • The City is seeking to uphold the Grievant :s termination based on whether there was a crowd or not on the night of the incident, ,giving rise to this grievance. • The incident giving rise to this arbitration is an arrest conducted by Officer Darby(the Grievant) on the late night/early morning hours of August 26 -27, 2000 =. r� :t;,�as€ sum ,,. +..r- 1111— Ip a Dec -18 -02 12 :47pm From -NAGIN GALLOP`FIGUEREDO 365- 654 -5351 T -223 P- 010/019 F -758 City's Position The credible testimony of the two witnesses supports the finding that there was no crowd at the scene of the arrest in the late night/early morning hours of august 26 27,2000. - The testimony of both eyewitnesses Alvarez and Lieutenant Barzola was that there was no crowd at the arrest location at the time of Lea's arrest. While the testimony of either witness would be sufficient to find that there was no crowd at the scene of the arrest, when taken together, it is irrefutable that there was no crowd at the scene of the arrest when it took place. The City cannot condone an officer willing to lie on a statement that will be relied upon by the courts in crirWaal investigations. individuals sworn in as police officers must be held to a very high standard of truthfulness in the performance of their work.. Their responsibility is to enforce all of the laves iu an honest and truthful manner. These laws are not to be enforced simply I because someone is rude or discourteous to a police officer. Police officers cannot be allowed to tell half truths or to outright lie, under oath, to the courts in an attempt to later justify their actions. Wagner's usefulness as a police officer is aver. His fellow officers will not be able to trust statements made by a known perjurer and all future arrests made by Officer Wager will be subject to closer scrutiny as he will become a "walking reasonable doubt to defense attorneys." The fact that Alvarez' testimony does not exactly mirror Lea's testimony should not be viewed as an attempt by her to lie for Lea, on the conUary, this should be -viewed as further evidence that she is a truthful lady simply testifying as to what she saw and did not see. Certainly, if she was lying, she would have reported seeing the Grievant slap Lea or the Grievant his Lea's head on the car. ` Her dtmeanor white testifying before the court and the arbitrator should give a lot of credibility to her 1 esdmony. Her testimony has been calm, collected and credible. The City of South Mia.arni has a duty to its citizens to ensure that only those few individuals with "the right stuff' hold the police officer positions. Dec -1B -02 12:47pm From -NAGIN GALLOP FIGUEREDD 305 -654 -5351 T -223 P.011 /018 F -T56 Wagner's penury has shaven that he dog not belong in a police uniform. In a free society we expect Police officers to be honorable and truthful in making decisioats concerning ourbrties. The City feels that Wagner's usefulness as a police officer is over and his grievance should be dismissed. 1 } p i { i ',Tw n ^'a'r .- {y- g-"•.. 3 r.'":" 7f'}'(. - Dec -16 -02 12.47am From -NAGIN GALLOP FIGUEREDO 305 -854 -5351 T -223 P- 012/019 F -753 Union's position The City failed to meet its burden of proof in this case. It chose not to produce as a. witness the arresteelcomplainant who was directly involved in the incident. Instead, it chase to rely exclusively on the testimony of Ms. Alvarez, a witness who, admitted under oath that she had an obstructed view tome location of the arrest. The time, hours and location of the incident, along with the undisputed presence of hundreds of persons, in the area minutes before, the flashing lights of a police car and the admitted belligerent behavior of the arrester, mandate -the conclusions that Officer Wagner was truthful in his recount of events in that persons were congregating in the adjacent parking lot and were observing the detention and patting dawn of $r are Lea. The City wanted to get aid of Officer Wagner and in `trying to do so, matte two attempts`. (1) Officer Wagner was acquitted by a jury in Miami -Dade County of criminal charges of "official misconduct" arising out of the alleged. incidents surrounding this arrest. (2) In a rash to justice, the City terminated Officer Wagner without even ' doing a proper investigation. City witnesses admitted that they had the right to interrogate the Grievant, but chose not to do so. In the instant case, the City failed to even attempt to view the work record of Officer Wagner, and by failing to do so, predetermined that there were no factors which may have mitigated the penalty. Amazingly, not one single witness testified that Officer Wagner was 'viewed as I untruthful or anything ether than haziest, yet without a proper investigation, he is unjustly terminated. Internal Affairs did not find Lea credible by failing to sustain Lea's allegations against Wagner for discourtesy, prejudicial remarks and improper conduct including 'allegations of Wagner slapping Lea three times and bitting 'Lea's head can the roof of the police car. Internal Affairs, also, did not find L.eWs allegations against Officer James credible, but somehow finds the lack of a crowd to be a credible elm by Lea. Dee -18 -02 12:48pm From -NAGIN GALLOP F(GUEREDO 305- 854 -5351 T -228 P.013 /010 F -755 The collective bargaining agreement between th parties gives managenxent the right to discipline employees for "Proper cause. Various standards of proof have been used by arbitrators ranging from proof by a preponderance of the evidence to prove beyond a reasonable doubt. The reasonable doubt standard has been applied most frequently where the alleged offense involves misconduct of a kind recognized and punished by criminal law. Along the same lines, where the alleged offense involves either moral turpitude or s those equally punished by criminal law, management must be required to prove by a high degree of proof, bath the commission of the act and the existence of criminal intent. The employer must prove that both (1) the individual coma fitted tbr, offense, and (2) that the penalty is' appropriate. In conclusion, the termination of Officer Wagner was without just cause based on a superficial investigation performed solely for the purposes of sustaining Lea's charges for this arbitration: Allegations of untruthfulness are serious and carry grave consequences. They must be rejected unless there is a high degree of proof substantiating the charges. In this case, the City has failed to meet its burden of proof and Officer Wagner does not deserve to have his law enforcement career ended based upon deficient and incomplete evidence. This grievance should be upheld and Officer Wagner should be reinstated to his position with back pay and benefits. ,I I I - 1 l I Z,3r §; ns,,A., �^s�. Se.., ,,.,y }a'f. ,f'y,. .rY'r^ 5,. Dec -16 -02 12 :48pm? From- NAGINSGALLOP FIGUEREDO 205 -354- 5351 T -223 P- 014/019 F -758 opinion The instant case arises out of an incident which occurred on the evening /morning hours of August 26 -27, 2000 when Officer Wagner (the Grievant) arrested an individual by the name of Brian Lea for walldng in the middle of the street and the j events that followed. j - According to the.Grievant, Mr. Lea refused to sign a citation, acted in a disorderly manner, had no identification on him and was verbally abusive and disrespectful. I towards him l The day following the incident, Mr. Lea wed a complaint against Officer Wagner 1 for the alleged manner in which: Wagner conducted the investigation and the subsequent arrest. Mr. Lea made a series of unsubstantiated allegations about the arrest; (1) He was slapped by Officer Wagner (one to three times.) (2) Officer Wagner hit Lea's Bead with the roof of the police car. (3) Officer Wagner used verbally abusive language towards Lea. 1 (4) Officer Wagner did not start writing the citation at the site of the arrest. However, the behavior of Lea towards Officer Wagner was undisputed. His behavior was characterized as "sarcastic," "laughing and smirking," persistent demands to Officer Wagner to " u my up because he (Lea) had other things to do that night etc. Mr. Lea went as far as to say "trough guy, I would like to see you out of the unifonn." While W. Lea's attitude towards a police officer was not proper, this arbitration is about the Grievant and not the A.rrestee. The City's whole case was based on the truthfulness or untruthfulness on the part of Officer Wagner regarding the presence of persons gathering behind him in a perking lot. I r"�vT -Y'. "�' S k.= s, _ n:..F"^ a6+'n^;'... r.. r.^•f tr r,ryy.^"." - Dec -1B -02 12:48pm From -NAGIN GALLOP FIGUEREDO 205 .6954 -5351 T -223 P- 015/018 F -T58" TR 1'4: Q.(by Arbitrator): "Is it true that basically this trial centers around the fact whether or not there was a crowd ? A.(by Spivack):: "Right, if there was a crowd, Mr. Tucker will win at the end of the day. If there was not a crowd, the City was correct in terminating Officer Wagner." TR 272 -3: (Scurr) Q. "Mr. City Manager, you beard your attorney today say that the only thing they are seeking to uphold the termination of Officer Wagner is whether or not there was a crowd; do yon remember him saying that today'?" A. "I did." Q. ``That's the basis for the termination todayT' A. "I think crowd leads to the issue of ttuthfulness." Q. "I am asking you whether or not that's the issue. Only one count?" A "Yee' The only eyewitness to the aiTest was a lady by the name of Mayelin Alvarez. Her accounts of the events at the arrest site are markedly different from those of both the arrester and Officer Wagner. Ms. Alvarez is a friend of the arrestee, lkvir. Lea. There were a series of allegations made by Mr. Lea with reference to this arrest. All of the allegations made by Mr. Lea were dismissed by the City with the exception of two allegations. (l) He never refused to sign the citation at the site of the arrest. (2) There were no people in or near the vicinity of the arrest: The Grievant, Office Wagner, was acquitted of all charges by a juror in a criminal case in Miami -lade County for all charges of official misconduct arising out of the above stated alleged false statements: Concentrating can the issue of whether or not there was a crowd at the site of the arrest. I will now comment on Alvarez" statements and Balzola's statements. Dec -T6 -02 12:49pm From -NADIR GALLOP FIGUEREDO 305 -954 -5351 T -228 8.016/010 F -758 Alvarez: (1) Testified that her location in viewing this incident was contrary to that where Lea placed heir. (2) Testified that tree blacked her view of any people who could have been in the adjacent parking lot. (3) .Alvarez said that she left Barnes and Noble at the same tirne as Lea and was wallang parallel to him. (4) Lea said that Alvarez left 4 -5 minutes before hfin and could not hear what was going on. (5) Alvarez said that she did not continuously watch the incident. Barzola TR p.321: Q. "Now, when you saw the group of people going to 73rd and 57& court, whew is that in relationship to where the incident occurred, where the 150 to 200 youths were?" A. "Perpendicular to the street, perpendicular to Sunset or Banyan Court.,, TR p.232: Q. "You had already left but you had seen people walling around 73rd and 57h what time was it ?" A. "Best I can remember about 12:30" Q. "'a at that time there were still people there, correct ?" A. &'Yes, sir.' Given all of the above, theme could be the possibility of a crowd at the arrest scene; however, in an apparent rash to justice the City decides to ternnnate Officer Wagner without a complete investigation. Doe -18 -02 12:49pm From -RAGIN GALLOP FIGUEREDO 305454 -5351 T -223 P- 017/019 F -758 Gilbert: TR p.101: Q. "In this case you did not take Officer Wagner's statement ?" A. "No, I did not. Q. "So you did not have a complete investigation at that point, did your A. "Not adminismratively." Q. "You didn't take Brian Leaps statement either?" A. - "No ."s Q. "So you did not have a complete investigation in that one eitheap, A. "Not administratively." A well established principle is that prior to assessing punishment for discipline an employer is obligated to conduct an impartial and thorough investigation of the incident. If none is conducted, the discipline must be overturned. (Elkouri Elkouri) Chief Cokes and City Manager Scurr relied on an incexnplett€*, investigation to terminate Officer Wagner. Having said all of this, let's look at the probability of a crowd gathering around the scene of the arrest! The time, hour and location of the arrest, along with the undisputed presence of hundreds of persons minutes before, the flashing lights of a police car., and the; admitted belligerent behavior of the axrestee would lead us to deduce that a crowd would form around this "show. The fact that people would congregate around this "show" is to be expected and inescapable. I was not at 57`' and 73d on the night/early morning hours of this incident; however, as a father of a teenage son, I have picked up my son at midnight on many occasions at or near the location of this arrest, and I have always seen this area crowded with youngsters. I can understand the employer's high expectation as it relates to truthfulness and credibility from its police officers; however, the evidence presented in this case dotes not point: to any untruthful statement on the pan of Officer Wagner. ,.. .., _-m Dec -18 -D2 12:49pm From -NAGIN GALLOP FIGUEREDO 305 -654 -5351 T -223 8.918/019 F -758 The proper standard to establish guilt in a termination case is "clear and conv�ineimg evidence," This heightened standard is necessary due to the severe nature of discharge and the devastating financial and emotional impact that it can have. In reading the transcript, exhibits and closing arguments supplied to me by the parties, I did not find "clear and convincing evidence" that Officer Wagner was not truthful in his recount of the incidents of August 26 -27, 2000. 'Therefore, based on the evidence presented in this case and the surrounding circumstances, my award follows. .r.-° —.� ,� �,- =,z-., , -� n.-- -m-,.m ^c.� -,-, ?.;, --?'; �.° -"?r,' 'm .f ;w,.,'�r'n^;�,r _ -' - etc;.. _ _ _ Dee -1S -02 12:49pm from -NAG1N GALLOP FIGUEREDO 305- 854 -5351 T -223 P- 019/019 F -758 .ward (1) This case is closed as of 12/6/02. (2) This grievance is upheld. (3) The Grievant, Officer Darby Wagner, should be reinstated to the position of police officer which he formerly held with the City of Sheath Miami. (4) The Grievant should be given all hack pay, seniority and all other benefits he would have received had he not been wrongfully tennixaated. (5) The back pay referred to in section (4), above, should be paid to the Cnievant within 30 days of the date of this award.' (6) I hope that the parties can come to an agreement as to the amount due from the City to the Grievant; However, I will maintain jurisdiction over this case to settle any disputes related to the back dray. (7) The Union is instructed to notify roe upon receipt of back wages by the Grievant so that I may close this file. Respectfully submitted, Ra.y andez, Arbitrator 12/6/02 r soury CITY OF SOUTH MIAMI South Miami � q NI America 4 Excellence, Integrity, Inclusion �. INCORPORATED 1927 �ORI 2001 TO: Honorable Mayor, Vice Mayor DATE: February 11, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manage RE: Authorization the City Manager to execute agreement with the lowest responsible bidder for the Proposed Sunset Drive Roadway &`Drainage Improvements RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH DEVELOPMENT AND COMMUNICATION GROUP OF FLORIDA, INC. FOR SUNSET DRIVE ROADWAY & DRAINAGE IMPROVEMENTS' CONSTRUCTION, AT AN AMOUNT OF $100,893.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT 'DISTRICT GRANT ACCOUNT NO. 001 -0000 -132 -2060; PROVIDING FOR AN EFFECTIVE BATE BACKGROUND & ANALYSIS The proposed roadway project is intended' to provide drainage improvements at the intersections of Sunset and SW 62nd Place, SW 63`d Court and SW 64th Court. The construction activities will also include the re- grading of the south parking and swale area along Sunset Drive between SW 62" d Avenue & SW 64th Court. The request for construction bids for the project was advertised in the Miami Daily Business Review on Monday, December 30, 2002. Seven contractors` submitted sealed bids for the project. The bids were publicly opened the last day of bid submittal (Friday, January 31, 2002) at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bond and discussed the project with the lowest responsible bidder (Development & Communication Group of Florida, Inc.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (Consulting Engineering & Science) has submitted the attached letter of recommendation for Development & Communication Group of Florida, Inc. This project will be funded through Legislative Appropriation "grant administered by South Florida Water Management District. The project's account balance, without this project, is $706,266. Public Works Department's account management sheet;_ per submitted requisitions is attached. +„w.. ;w= ""— Y„`- .^'';r-K :. - 3.. .. ,.,. is rr'�t:'s�'Ka�''s'rr�•$:5 .�vF.:i�::', .ti4: -i^ .w°`. '. Page 2 of 2 Comm. Mtg. Agenda Feb. 11, 2003 RECOMMENDATION It is recommended that the City Commission approve the funding for the work to be performed. Attachments: • Proposed Resolution • Bid Opening Report • Tabulated Bids • Certified Advertised Notice of Bid Invitation ❑ Engineer of Record's letter of recommendation Ll Map of Project Area ❑ Public Works Department's account management sheet SAY/RL (Dept Director's initials) 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 4 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH 5 DEVELOPMENT AND COMMUNICATION, GROUP OF FLORIDA, INC. FOR SUNSET DRIVE 6 ROADWAY & DRAINAGE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $100,893.50 TO 7 BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NO. 001 - 8 0000- 132 -2060; PROVIDING FOR AN EFFECTIVE DATE 9 10 WHEREAS, the Mayor and City commission wishes to provide drainage construction improvements 11 within City of South Miami streets (SW 62nd Place, SW 63rd Court and SW 64th Court), just as they intersect 12 Sunset drive, to re -grade and re -align parking stalls along Sunset Drive between SW 62nd Avenue and SW 64th 13 Court and; 14 15 WHEREAS, the construction, activities will consist of drainage system improvements, right -of -way 16 re- grading and pavement marking within the construction corridor, and; 17 18 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction 19 contract with Development and Communication Group; of Florida, Inc. for Sunset Drive Roadway & Drainage 20 Improvements project for an amount of $100,893.00. 21 22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1; The city received seven bids in response to the Notice of Bid Invitation advertised 26 in the Miami Daily Business Review on December 30, 2002. 27 28 Section 2: The engineering consultant` review the bids and recommended that the contract be 29 awarded to the lowest responsible bidder: Development and Communication Group of Florida, Inc. 30 31 Section 3 The project will be funded through grant from Legislative Appropriation funds 32 managed by South Florida Water Management, District. 33 34 Section 4: That the Mayor and City .Commission authorize the City Manager to execute an 35 agreement with Development and Communication Group of Florida, Inc. for the construction of Sunset Drive 36 Roadway & Drainage Improvements for an amount of $100,893.00. 37 38 PASSED AND ADOPTED this 18th day of January, 2003. 39 40 APPROVED: ATTEST`.- 41 42 43 Ronetta Taylor, City Clerk Horace G Feliu, Mayor 44 45 46 READ AND APPROVED' AS TO FORM: Commission Vote: 47 Mayor Feliu: 48 Vice Mayor Russell: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner Wiscombe: 51 Commissioner McCrea: BID OPENING REPORT Bids were opened on: _ Friday, January 31, 2003 at: 3 :05pm For: Sunset Drive Parking & Roadway Improvements Pre -Bid Estimate: $120,000.00 CONTRACTORS: BID AMOUNTS: 1. Budget Construction 2. APAC Group, Inc. 3. Williams Paving Co. 4. T.J. Pavement, Corp. �' Q O 5. R& G Eng., Inc. r i S`O 6 D' 6. Community Asphalt Corp. 7. Homestead Concrete 8. Leon's Engineering Corp. ,1 D of 0 a -3. I A- 9. Development & Comm, Group /00, g qr 3 "o 0 10. The Redland Co., Inc. f 11. Dunol Engineering Corp. /07 Do 3, 0 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED, d City s n: Clerk' Si fitness• Witness 6 Sign: Ih Ii li I 3 yei cw� o See �T mm a a -_ �o Till a3 r3 33 a A a 0 5 a 3 a s 3 wma ate? .°may 3 _ A � °off s R 8 i F 3 yei cw� o See �T mm a a -_ �o Till a3 r3 33 a A a 0 5 a 3 a s 3 UNION I I 3 yei cw� o See �T mm a a -_ �o Till a3 r3 33 a A a 0 5 a 3 a s 3 MIAMI DAILY BUSINESS REVIFEW KbIW*d OWly;oxuept Saturday, Sunday and Lopai t fvlidaye Miaxn'L Miami -Oade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADS' Before the undersigned authority personally appeared SOOidE WILLIAMS, who on oath says that.he or she is the , " :'.* rt ' VICE PRESICEN7, Legal Notices of the Miami Daily Dueiness Review IA/8 Mimi Sevlow, a dally (except Saturday, Sunday and I ogal Hellas ) rlpasrspapar, published at, NaTM ,n Mlnrnl D--de AM County, Florida; that the attached copy of advertisement, yt Y t` being a Legal Advertisement of Notice in the matter of a I1 w... � CITY OF SOUTH MIAMI ' rte iid?ie, "15t,,�irri !M& BID NO. C103-011 31 • 1/31103 6tt3I? r' I�d,6M p j Gk( K y �k. 4 .i,:,, ,CGS$ t ' i, ¢ •4,t. +.�4 �. }h ,ry In the XXXX Court. r Y ( n C T wria r r was pubUehed in said newspaper in the issues of �• Atfiant further says that the said Miami Dilly Duslnoos t 4 R , Review Is a newspaper published at Miami in said Mlatri -Dade t3 ? lS t rtkp tttr t County, Florida and that the said newspaper has >nR#tslttIttAlta Pat+'1 heretofore been continuously published in sold Mlatni -Dade County, : " k s Florida each day (except Saturday, Sunday and Legal Holidays) and hap been entered as second class; mall matter at the post it a �lrlrr dA., of lee !n Miami In said Miami -Dads County, Florida, for period of one year next preceding the first publication of the lam,h` 1�Lt4t am r P 9t fit' attache spy of advertisement; and affiant further says that he or she n ' or paid nor promised any person, firm or corporation sn d scoylht, rebate, commission or refund for the purpose of ecuri this advertisemsnt for publication in the said ��,Ix A • � . r �xA; `,s4r�R.t )AK,- of anykititt: mij tm rel aS inlor. 7 ,y. 5 orn ubscribe me this 3gf day f ECM A.D. $ dd M,'t0�Il'ta �dr+ ; rn^1ati� ��.�` x _`�-• �t1a>KCt frtt►Iflrlr�? ;D� # 'cif ranal6r�Q4r� (SEAL) rN9a0 th's,j�,�1�'►1��0�7traG'ii ' r, i 5CxJKI a S rsonal f a ?.r r MY Ct)ihlltS3lON # GC 885840 : r EXPIRES: March 4, 2004 lorded ThiuMeary PLjftUrttletw6pre I- i I- 3JV6 `ndcn: � 1 vo `Z 1-93 `8i�69E995Q6 `• IRVIW HinoS 3o Ai. Lo :A9 _! N3S CONSULTING ENGINEERING & SCIENCE, INC. Civil Engineers Coastal Engineers Environmental Scientists February 5, 2003 HAND DELIVERED W. Aj,ibola Balogun, REM Public Works Director City of South Miami 4795 S.W. 75th Avenue - Miami, Florida 33155 Re: City of South Miami`- Project No. CI03 -0131 Sunset Drive Drainage and Roadway Improvements i Dear Mr. 'Balogun On January 31, 2003, proposals were received for the above referenced project. Ten (10) copies of the. Bid Tabulation are enclosed for your use. The low bid of $100,893.00 was submitted by Development and Communication Group of Florida, Inc., a local General Contractor based in Miami, Florida. The specified' contract time for this project is One Hundred Twenty (120) calendar days for final completion. We have checked the 'bid 'submitted by Development and Communication Group of Florida,' Inc. and have found no discrepancies or qualifying statements with the 'exception of a $0.50 difference attributable to a calculation error of the total cost listed as $227.00 instead of $227.50 (on Item No. 1.23 Solid Traffic Stripe, Thermoplastic (24" Wide)). The bid was accompanied by proper bid security, and we checked references for performance on completed projects with other clients. Of the four (4) references checked, three (3) were above average and one (1) was below average. Based on our findings, it is our opinion that this General Contractor is qualified and capable of performing the work. i 8925`S.W. 148th Street, Suite 100 •Miami, Florida 33176 • Phone; (305)378 -5555 • Fax: (305)378.9304 W. Ajibola Balogun, REM February 5; 2003 Page 2 Therefore, we recommend the project be awarded to Development and Communication Group of Florida, Inc. subject to acceptance by the City Council; execution of the Contract Agreement; and, submittal by the General Contractor of the required Performance and Payment Bonds= and Certificates of In:surance.` Should you have any questions, please call Very Truly. Yours, COr ING N INEERING & SCIENCE, INC. Richard B: ochnovch, P.E. Senior Vice President (0163.02) Attachments: Bid Tabulation Sheet I ,...,, ,, t .; °.� -a " S �h::= . 3. Fes" r`"; ... � ; " 'n' .r�': ;u"G "'',.,,T,«WF'4,., IQO' R/W MATCH LINE A OR § r M i o 5-?I I E? ` w < Z it o O O r a t s I s _m� , I f q - r Oy p r s W 64th COURT: va=,? it if Q, ugi rb W. S. CL o- E}R !1) Xa n - -Q m z ' `a i C �I a , n 1 a ro O' '' a 1 m a = °n it it 0 it _ D� ! m v vuI 'IYI Z u �I I W �a y Exst s� u I a SW 63rd.COURT i j i >5) acs m.. I I -- III M V (rYP. 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"h°'y,- n?'.xT ,.r- kim... .�,°h31'F`"A° 1'y :Si, .`i7., z- e..,, aTM '4•'°:'?',Fy- 9tRC:."°�'z'm-�, SOU, South Miami oar q head N CITY OF SOUTH MIAMI v INCORPORATED 1927 A Excellence, Integrity, Inclusion o Rtp 2001 TO: Honorable Mayor, Vice Mayor DATE: ' February 18, 2003 & City Commission FROM: Sanford A. Youldlis ITEM No.� Acting City Manager RE: Authorization to hire for Multi - Purpose Recreation Center RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO HIRE FOUR NEW POSITIONS FOR THE PURPOSE OF STAFFING THE MULTI - PURPOSE CENTER; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Commission had directed the City Manger to freeze all positions that were considered non critical, life saving personnel. Any request to hire for new positions, had to be approved by Commission. In December 3, 2002, the City Commission was informed that certain positions were to be exempt from the hiring freeze The City is anxiously anticipating the long awaited opening of the Multi Purpose Center. We must address the critical staffing needs. In Fiscal Year 2002 -2003 we have budgeted for four (4) full time positions that are of the utmost importance to the management and supervision of facility and programs. The monetary funding for these four positions are included in the current budget. The City's Summer Camp begins' June 16t'', 2003 and we are looking at a Grand Opening prior to Summer Camp. These much needed positions must be in place with a'window to provide orientation and training for them. The Director of Parks and Recreation has managed to find the needed dollars to bring on three Recreation Supervisors on June 9a' and the facility Manager /Recreation Superintendent for May 12, 2003. We are looking at the Multi - Purpose Center to provide the highest level of quality recreational cultural and educational programs. The professionalism of sound staff will provide a tremendous opportunity to generate revenue and safely operate this facility. RECOMMENDATION Approval is recommended. attachments 1. Resolution. 2. Resolutionno.103 -01- 11251. 3. Excerpt from City Commission minutes dated 12/0 3/02. 4. City Manager's memorandum dated December 3, 2002 — Hiring Freeze. SAY /AMG x�'�--F ... .> -°»�,vy .:•;� -T . ��"''� -dt" ;.."s,,::. .2,�,vb `,. �.;_';'�- ,,r ,7"'G,3;;. , � ,ag. ,°,', —fir , "�'-;c,,.^�^;,'.- , . ,. �bT.^t5, .'n.. 7'� ,'°�' ....w �s .. . �, „�-v°�5 -, rw:.'r,*��r ,r 3r:Tt.'��;� - �...f, , -. Position Hourly Rt. Biwkly Cost Start Date Total Cost u o Jujy 2003 Benefits /ins Fica *Rec Su erintendant $20.32 $1,625 May 12,2003 7 wks $5,687.64 Rec. Su v. $13.10, $1,048 June 9,2003 3 wks $1`,571.84 Rec. Su v. $13.10' $1,048 June 9,2003 3 wks $1,571.84 Rec. Su v. $13.10 $1,048 June 9,2003 13.wks $1,571.84 The above mentioned need to be implemented in order to have these individuals in place and trained with a limited orientation process prior to the beginning of Summer Camp which begins June 16th, 2003 and the opening of Multipurpose Center. The dollar amount needed for the above mentioned `adjustment will come from account 001 - 2000 -572 -5660 Special Recreation youth programs. Balance $24,000.0,0 Recreation; Superintendant changed Pay Range from 35 -6 to 34 -6 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002-2003 6 FISCAL YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO 7 HIRE FOUR NEW POSITIONS FOR THE PURPOSE OF STAFFING THE 8 MULTI-PURPOSE CENTER; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission had directed the City Manager to place a hiring freeze 11 on all non-critical life saving positions due to current revenue conditions (Resolution no. 103 -01 - 12 11251); and 13 WHEREAS, any requests to hire new employees must be authorized by the City 14 Commission; and 15 WHEREAS, the City is projecting that the opening of the Multi-Purpose Center will be in 16 June 2603 ; and 17 WHEREAS, current staffing levels must be increased to provide minimal staff to operate 18 this new facility; and 19 WHEREAS, it is critical that this new facility be professionally managed and adequately 20 staffed; and 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: i ! 1 23 SECTION 1. That the City Manager is hereby authorized to fill the following positions for the 24 purpose ose of staffing the Multi-Purpose Center: 25 a. One Recreation Superintendent (effective 5/12/03). 26 b. Three Recreation Supervisors (effective 6/9/03). 27 28 29 30 1 2 SECTION 2. 3 This Resolution shall take effect immediately upon approval. 4 5 6 PASSED AND ADOPTED THIS DAY OF 52003. 7 g APPROVED: 9 10 MAYOR 11 ATTEST: 12 13 14 CITY CLERK 15 16 17 READ AND APPROVED AS TO FORM: Commission Vote: 18 Mayor Horace G. Feliu 19 Vice Mayor May Scott Russell 20 CITY ATTORNEY Commissioner David D. Bethel 21 Commissioner Dan McCrea 22 Commissioner Randy G. Wiscombe 23 24 25 26 27 28 RESOLUTION NO. 103 -01 -11251 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CURRENT AND NEXT FISCAL YEAR BUDGETS; DIRECTING THE CITY MANAGER TO FREEZE HIRING OF NON- CRITICAL LIFE SAVING NEW EMPLOYEES UNTIL THE CITY REVENUE CONDITIONS IMPROVE SIGNIFICANTLY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager recently informed the City Commission of the potential shortfall in our revenue due to reduction in property assessment for the Shops At Sunset Place; and WHEREAS, the City is using $600,000.00 from its cash reserve to balance the current fiscal year's budget; and WHEREAS, the City Commission wants to be proactive in _terms of budget deficits by minimizing the actual amount of cash reserve used by the City in the current and next fiscal years. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby directed to freeze hiring of non critical life saving flew employees in the current and next fiscal years, or until the City revenue conditions improve significantly. Section 2. The City Manager is hereby directed not to hire any new- non. critical life savin employees without the proper authorization of the City Commission. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20 day of July' 2001: ATTEST: APPROVED: CI Y CLERK MAYOR Commission Vote: 5 -0 READ AND APPROVED AS TO FORM: Mayor Robana: Yea Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea CITY ATTORNEY Commissioner Bethel: Yea (as amended 7/24/01) Commissioner Russell: Yea Additions shown by underlining and deletions shown by everstr- ikiog. l those participating, with travel expenses to and from :Orlando, 2 Florida. 3 2. 2003 State Legislative Package. Two water projects are on 4 tonigh't's agenda for the Commission's consideration. A 5 comprehensive listing of State Legislative Priorities will be 6 provided at the next City Commission meeting. 7 3. PEA. A petition to form a bargaining unit has been received 8 by the PBA, from the South Miami Police Department Lieutenants 9 and Captains. The Public Employees Relations Commissions (PERC) 10 governs this process, pursuant to State Statutes. Miami -Dade 11 County PBA President, Mr. John Rivera was afforded an 12 opportunity for additional comments regarding this matter. In 13 addition, Mr. Rivera committed $1,000 toward the Grey Ghost 14 football team's travel expenses to Orlando, Florida for the 15 National Championship playoff. 16 4. 'Street Naming ,Policy. A request to rename a South Miami 17 street after a` deceased person has been received from Miami -Dade 18 County Commissioner Morales! office'. Administration is seeking 19 guidance from the City Commission in regard to this request 20 because this individual wasn't an active contributor to the 21 South Miami Community. Normally South Miami streets have been 22 renamed to honor South Miami pioneers.' Administration was 23 directed to investigate other avenues to facilitate this 24 request. 25. 5. Hiring Freeze. Administration believes that it is essential 26 to move forward with the hiring of personnel for four positions: 27 1) Communication officer for the police department; 2) Project 28 Manager to assist` the Public Works Director; 3) Contractual 29 Personnel converted over to full time supervisor in the Parks 30 and Re: creation Department; and 4) Lead Mechanic for Public Works 31 Department. Each position has been allocated for in FY 2002 -03 32 Budget,. 33 6. Annexation. Administration will be making a presentation on 34 the Fuchs Park Annexation project before the Boundaries 35 Committee on December 1'1t'. Avery positive meeting was held on 36 last week with regard to the Northern Annexation area (South 37 Miami High School) . Residents are out collecting signatures, 38 which is the first step in the process. 39 7 Senior Citizens Weekend Meals programs Miami Dade County 40 Commissioner Morales indicated that Miami -Dade` County has 41 appropriated $23,000 to assist with weekend meals for the senior 42 citizens. 43 B. 620d Avenue Charrette. The event- was held this past 44 weekend. Administration received very positive feedback.. The 45 University, of Miami School of Architecture will be reporting 46 back to the stakeholders at a "meeting to be held on Thursday, 47 December 5, 2002. A final report will be provided in January. 48 9. University Place Apartments. Construction has finally 49 begun. Several healthy trees were relocated at Fuchs and 50 Murray Parks. REGULAR CITY COMMISSION 2 MINUTES - December 3, 2002 so u T,y South Miami 04 CITY OF SOUTH MIA1 I al.Amftaft INCORPORATED Excellence, Integrity, Inclusion 1927 CoRtOP 2001 To: Honorable Mayor, Vice Mayor Date: December 3, 2002 & City Commission From: Charles Scurr Re: Hiring Freeze City Manager The purpose of this memorandum is to advise you that, as a result of the continuing financial challenges facing the City, we are continuing the modified hiring freeze that has been in effect. There have been no new employees hired at the City this fiscal year. The freeze will remain in place with the exception of the following positions, which are essential to the continued operation of the City: • Communications Officer - One position necessary to maintain the operation of the police communications function; • Project Manager — One position necessary to properly manage the many construction projects throughout the City; • Recreation Supervisor — One conversion from contractual to full time in order to meet the critical staffing shortage in the after school programs. r, ' • Mechanic — One position necessary because of the imminent retirement of Pedro Brea, who has been with the City for 15 years. All other positions approved as part of the FY 2002 -03 Budget will continue to be on hold. CC: Department Directors City Attorney City Clerk f� y South Miami. Riot € d a t £ }u CITY OF SOOT MIAI'II Excellence, Integrity, Inclusion TO Honorable Mayor, Vice Mayor Date: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM NO. Acting City Manage RE: City Code Amendment on domestic cats. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 'RELATING ' TO ANIMAL/FOWL; AMENDING THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE III, SECTION 5, ENTITLED "CATS ", LIMITING THE NUMBER OF CATS PER HOUSEHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City has received numerous complaints about other residents maintaining or harboring a large number of domestic cats. They further stated that a large number of cats creates a health hazard as well as a nuisance to the rest of the neighborhood. At present, the City Code prohibits any person, except kennels, from having more than five dogs. However,'' there is no limit on the number of cats allowed in the Code. On Tuesday, February 4t`, 2003, the City Commission accepted the recommendation of Administration to include the creation of a new section with the following rules /regulations applicable to domestic cats: Article III Cats Jecut noise odor, menace to health or otherwise. RECOMMENDATION Approval is recommended. Attachment: Municipal Survey Draft Resolution SAY /OMCIMST I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ANIMAL /FOWL; 6 AMENDING THE CODE OF ORDINANCES BY ADDING A NEW 7 ARTICLE 111, SECTION 5, ENTITLED "CATS", LIMITING THE 8 NUMBER OF CATS PER HOUSEHOLD; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;' AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, The City has received numerous complaints about maintaining and/or 14 harboring of cats; and 15 16 WHEREAS, The City is concerned about health hazards as well as nuisance to this 17 community; and 18 19 WHEREAS, It would be appropriate to amend the City Code Chapter #5 (Animal and 20 Fowl), to place a limit on domestic cats, per household. 21 22 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. Article 1I1,, Section 5 -16, and "Cats" Possession, harboring, sheltering, or 26 keeping of cats: 27 (a) It shall be unlawful for any person to possess, harbor, shelter, or 28 keep more than five (5) adults cats at one time, excepting 29 veterinary hospitals properly licensed by the City. 30 (b) An adult cat shall be deemed to be any cat six (6) months or 31 older. 32 (c) It shall be unlawful to maintain any cat as to create a nuisance 33 by way of noise, odor, menace to health, or otherwise. 34 35 Section 2. All ordinances or parts of ordinances in conflict with the provisions of 36 this ordinance are hereby repealed. 37 38 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 39 reason held invalid or unconstitutional by a court of competent 40 jurisdiction, this holding shall not affect the validit y of the remaining 41 portions of this ordinance. 42 43 Section 4. This ordinance shall be effective immediately after the adoption 44 hereof. 45 46 PASSED AND ADOPTED this -_ day of , 2003 47 48 49 ATTEST` APPROVED: 50 51 52 CITY CLERK MAYOR 53 15t Reading 54 2nd Reading - 55 56 .�,u. nn 1 2' 3 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 Mayor Feliu 5 Vice Mayor Russell 6 Commissioner Bethel 7 ' Commissioner Wiscombe g Commissioner McCrea 9 10 CITY ATTORNEY 11 12 13 14 15 16QQ//}} Q OWMWco C.I. 2093 19 20 21 22 south Miami F a r i d a u CITY OF SOUTH MIAMI kk � Excellence, Integrity, Inclusion k 2861 -94 TO: Honorable Mayor, Vice Mayor Date: February 18, 2003 & City Commission I? FROM: Sanford ukilis ITEM NO. O anfo A. Y 0 Acting City Manager RE: City Code provision on Construction Noise. ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING ARTICLE ,III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE HOURS OF CONSTRUCTION NOISE, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS The City has received numerous complaints about excessive construction noise in the late hours of the evening. This noise according to South Miami residents creates a hardship as well as a nuisance to them and immediate surrounding neighborhoods. On Tuesday, February 4th, 2003, the City Commission accepted the recommendation of Administration to amend Article III, Section 15 -91 of the Code of Ordinances entitled "Noise" to change the hours of operation for Construction noise as follows: Article III Noise Section 15 -91 Pile Drivers, Steam Shovels, Pneumatic Hammers, etc. It shall be unlawful for any person in conducting any building operations between the hours of Vim. 7 p.m. and 7 a.m. to operate or use any pile- driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which is attended by loud or unusual noise, except by written permission of the City Manager, and then only in case of emergency. RECOMMENDATION Approval is recommended. Attachment: Municipal Survey Draft Resolution SAY /OMC/MST Noise Miami Dade County Hours of Operation: 7:00 am. -11:00 p.m. Monda - Fri ay Hours not covered: 11.00 p.m. - 7:00 a.m. (NO EXCEPTIONS City of Coral Gables Hours of Operation: 7:30 a.m. - 6:00 p.m. ' Monday - Friday Hours not covered: 6:00 p.m. - 7:30 a.m. Hours of Operation: Saturday 9:00 a.m. - 5:00 p.m. NO CONSTRUCTION NOISE ON SUNDAYS (Exceptions can be obtained through the'City Mang er ). City of North Miami *No Ordinance *(They follow Miami Dade County 'rules & regulations) City of Pnecrest Hours of Operation: 7:00 a.m. - 6 :30 .m Monday - Friday:, Hours not covered: 6:30 p.m. - 7:00 a.m. Monday - Friday'' Hours of Operation: Saturday, Sunday & Holidays 8:00 a.m. - 4:00 pm. (NO EXCEPTIONS) I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH ,MIAMI, FLORIDA, RELATING TO NOISE, 5 AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF 6 ORDINANCES; CHANGING THE HOURS OF CONSTRUCTION 7 NOISE, PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, The City has received numerous complaints about excessive 12 construction noise in the late hours of the evening, and 13 14 WHEREAS, The noise has created hardships as well as a- nuisance to the 15 residents and immediate neighborhoods, and 16 17 WHEREAS, It would be appropriate to amend the City Code, Article III, 18 Section 15-91, "Noise", (Pile Drivers, steam shovels, pneumatic hammers, etc), to 19 reduce the time in which this type of noise is permitted without prior approval. 20 21 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. Article III, Section 15 -91, "Noise" of the Code of Ordinances 25 (Pile Drivers, steam shovels, pneumatic hammers, etc.), is 26 hereby amended to include the following language: 27 28 Article III. Noise 29 Section 15 -91 (Pile Drivers, steam shovels, pneumatic hammers, etc) 30 It shall be unlawful for any person in conducting any building 31 operations between the hours of 10 p.m. 7 p.m. and 7 a.m. to 32 operate or use any pile- driver, steam shovel, pneumatic 33 hammer, derrick, steam or electric hoist or other apparatus, the 34 use of which is attended by loud or unusual noise, except by 35 written permission of the City Manager, and then only in case of 36 emergency. 37 38 Section 2. All ordinances or parts of ordinances in conflict with the 39 provisions of this ordinance are hereby repealed. 40 41 Section 3. If any section, clause,; sentence, or phrase of this ordinance is 42 for any reason held invalid or unconstitutional by a court of 43 competent jurisdiction, this holding shall not affect the validity 44 of the remaining portions of this ordinance. 45 46 Section 4. This ordinance shall be effective immediately after the adoption 47 hereof. 48 49 50 .; "t, ....,: .-.. -- .,..�, -�, mz-r ,.7 ,�- '�t,,-- ""',,, -..:,i .sn'��° r,.�: +x'S:€.,?'n- �?-� -+..i: .,w.,�., -�`' =r ..., -. ...n.';.� ;;rte- ...e, -::-? ,r, M�sT- „?,. -: 1 PASSED AND ADOPTED this day of 12003 2 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 I st Reading — 9 2 °a Reading - 10 11 12 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 13 Mayor -Feliu 14 Vice Mayor Russell 15 Commissioner Bethel 16 Commissioner Wiscombe 17 Commissioner McCrea i8 19 CITY ATTORNEY 26 2 L29 Ordinance Noise Construction, Hours 2003 30 31 `1 o� sou?, OF SOUTH MIAMI South Miami bAd q NI- AmedcaC' Excellence, Integrity, Inclusion INCORPORATED 1927 m �ORtOP 2001 TO: Honorable Mayor, Vice Mayor DATE: February 18, 2003 & City Commission FROM: Sanford A. Youkilis ITEM No. Acting City Manage RE: Authorizing the City Manager to execute emergency construction agreement with NUI City Gas Company of Florida for the relocation of gas main in conflict with proposed water main for the Multi- purpose Center RESOLUTION or ORDINANCE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY CONSTRUCTION AGREEMENT WITH NUI CITY GAS COMPANY OF FLORIDA FOR RELOCATION OF 1 -1/4 INCHES OF STEEL NATURAL GAS MAIN AT SW 68TH STREET AND COMMERCE LANE AN AMOUNT OF $5,184.79 TO BE CHARGED TO US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD)_EDI GRANT ACCOUNT NO. 001- 0000- 132 -2063' AND PUBLIC WORKS' CONSTRUCTION CONTRACTUAL ACCOUNT NO. 001 - 1790 -519 -3450; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS When the contractor for the Multi- purpose Center Onsite /Offsite Improvements commenced construction along the 5700 block of SW 681h Street, the contractor found unforeseen underground utility conflicts with the proposed water main for the Multi- purpose Center. In an effort to provide potable drinking water and fire protection to the center, Miami -Dade Water & Sewer Department has requested that we relocate a 1 -1/4 inches of steel natural gas main to provide horizontal clearance between the gas main and the proposed' water main. As a result of the request by Miami -Dade WASD,. NUI City Gas Company submitted the attached proposal to relocate the gas main within 3 weeks. An alternative to this relocation will be to service the center from another street by running approximately 1400 lineal feet of 12-inch water main at a cost of over $100,000. The alternative will delay the project for at least 4 months. This relocation work will be funded through US EDI grant and the Public Works Department's construction contract account. The funds' account balance, without this project is $156,195.67 and $32,988.44, respectively. Public Works Department's' account management sheets, per submitted requisitions, are attached. 4 Page 2 of 2 Comm. Mtg. Agenda Feb.18, 2003 RECOMMENDATION It is recommended that the City Commission approve the funding for the work to be performed. Attachments: ❑ Proposed Resolution El NUI City Gas Company's Proposal ❑ Map of Project Area ❑ Public Works Department's account management sheet SAY /RL (WAB) I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 4 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN - EMERGENCY 5 CONSTRUCTION AGREEMENT WITH NUI CITY GAS COMPANY OF FLORIDA FOR RELOCATION 6 OF 1 -1/4 INCHES OF STEEL NATURAL GAS MAIN AT SW 68TH STREET AND COMMERCE LANE AN 7 AMOUNT OF $5,184.79 TO BE CHARGED TO US DEPARTMENT OF HOUSING & URBAN 8 DEVELOPMENT (HUD) EDI GRANT ACCOUNT NO. 001- 0000 - 132 -2063 AND PUBLIC WORKS' 9 CONSTRUCTION CONTRACTUAL ACCOUNT NO. 001- 1790 -519- 3450; PROVIDING FOR AN 10 EFFECTIVE DATE _11 12 WHEREAS, the Mayor, and City commission wishes to relocate the 1-1/4 inches of gas main in an 13 effort to provide potable drinking water and fire protection to the Multi - purpose center under construction, and; 14 15 WHEREAS, the construction activities will be performed within the city's right -of -way at SW 68th 16 Street and Commerce Lane. ' 17 18 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1: ` The city need to relocate a 1-1/4 inches of gas main in an effort to provide potable 22 drinking water and fire protection to the Multi - purpose Center under construction. 23 24 Section 2: The construction project will be funded through the Public Works Department 25 construction contractual account and US HUD EDI grant. 26 27 Section 4: That the Mayor and City Commission authorize the City Manager to execute an 28 emergency agreement with NUI City Gas Company of Florida for the relocate the 1 -1/4 inches of gas 29 main for an amount of $5,184.79. 30 31 32 PASSED AND ADOPTED this 18th day of February 2003. 33 34 APPROVED: ATTEST: 35 36 37 Ronetta Taylor; City Clerk Horace G. Feliu, Mayor 38 39 40 READ AND APPROVED AS TO FORM: Commission Vote: 41 Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner Bethel: 44 CITY ATTORNEY Commissioner Wiscombe: 45 Commissioner McCrea' s,. , 'em �P" Miami Division 933 East 25th Street NVIA i'�f i $ ii4�lli��I� Hialeah„ FL 33013 -3+98 OfFlodda Tel.: (305) 69 1 -3710 www.nul.com NUI Corporation (NYSE.- NUI) February 14, 2003 Mr. Ajibola Salogun Dir. Pubic Work City of South Miami 4795 SW 75 Ave South Miami, Florida 33155 - - RE: Cost for the relocation of the 1.25" steel Natural Gas main at SW 68 St. and Commerce Lana Dear Mr. Balogun: As per your request, enclosed is the estimate for the relocation of the 1.26' natural gas main. The actual location of the proposed line may vary slightly due to any existing utilities, which are not known at this time. The actual work will be done by Mueller Qistribution Contractors Ina a duly authorized, licensed and insured company who meets all the standards set by NUI City Gas Company of Florida and all municipal agencies. Please remit a check in the amount of $5184.79 as soon as payment is received all necessary paperwork, utility locates and scheduling of job will commence. Should you have any questions or concerns about this relocation please contact me (305) £91 -8710 Ext. 5378 Sincerely, NUI City Gas Company of Florida oy v Jr. Engineering Technician C.C. Juan E. Jimenez, P.E. Kimley -Horn and Associates, Inc. NUI Companies and Affiliates: NUI Capital Corp. -- City Gas Company of Florlaa NUI Energy. 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