03-04-032001
MAYOR: Horace G. Feliu CITY MANAGER: Sandy Youkilis (Acting).
VICE MAYOR: Mary Scott Russell CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor, CMC
COMMISSIONER: David D. Bethel
COMMISSIONER: Dan McCrea
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 4, 2003 6130 Sunset Drive, South Miami,, FL
Next Regular Meeting Date: March 18, 2003 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City 'f
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all- legislative, quasi: - judicial and
administrative action. It does not apply to not:-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations'
and unions.
CALL TO ORDER:
A. Roll Call
B. Invocation
C. Pledge of Allegiance
D. Presentation (s) (7 :15 p.m.)
State Att'orney's Office - Investigator Martinez (Free Mobile
Legal Services)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION 1
AGENDA - March 4, 2003
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1. Approval of Minutes - Regular Meeting -- 2/4/03
2._ City Manager's Report
(a) Report on payment requests from City Lobbyists.
(b) Request from Alliance for Youth to use City Hall parking ; "lot for
Flea Market fundraising.
(c) Parking survey for residential_ permit parking in area south of SW
74th Street
(d) Report on costs of take home cars for Department Heads /Supervisors
(e) Report on costs of take home cars for Police Officers.
3. City Attorney's Report
(a) Direction to pension attorney to amend plan regarding C. Scurr
pension buy -back
(b) Discussion with pension attorney regarding Lisea Merrick
settlement
(c) Status report on potential claim by MRP
(d) Status of Benefield arbitration
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 BOARDS AND
COMMITTEES, APPOINTING VALERIE A. NEWMAN, VICTOR DOVER,
SIMON CODRINGTON, JR., CURTISS SIBLEY AND GERALD H.
GOULD TO THE CITIZEN'S CITY MANAGER SELECTION
COMMITTEE; PROVIDING AN EFFECTIVE DATE.' 3/5
(Mayor Feliu)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER;
EXTENDING APPOINTMENT OF SANFORD A. YOUKILIS AS ACTING
CITY MANAGER UNTIL A PERMANET CITY MANAGER IS SELECTED,
OR FOR A PERIOD OF TIME`' NO LONGER THAN 90 DAYS;
PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
6. 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 $4,428.00; CHARGING $4,428.00; TO
ACCOUNT NO. 1500 - 514 - 3450, OTHER CONTRACTUAL SERVICES`;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $21,000.00
REGULAR CITY COMMISSION 2
AGENDA - March 4, 2003
FROM ACCOUNT, NUMBER '001 - 0000.354.1000 TO AOT PUBLIC
SAFETY CORPORATION, FOR THE PURCHASE OF THEIR FALSE
ALARM TRACKING SYSTEM FOR THE FINANCE DEPARTMENT, WITH
$14,000 TO BE PAID FROM THIS FISCAL YEAR'S BUDGET AND
THE REMAINING $7,000 TO BE PAID FROM NEXT YEAR'S
BUDGET; PROVIDNG AN EFFECTIVE DATE: 3/5
(City Manager)
8. 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 THE CITY OF
CORAL GABLES FOR THE USE OF THEIR GARBAGE TRUCKS ON AS
NEEDED BASIS FOR A PERIOD OF , AT A,
COST OF $10.00 TO THE CITY OF SOUTH MIAMI; PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(City Manager)
9. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH SOUTH
FLORIDA WATER MANAGEMENT DISTRICT FOR DRAINAGE'
IMPROVEMENTS PROJECTS IN AN AMOUNT OF $750,000.00;
PROVIDING FOR AN EFFECTIVE DATE 3/5
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO CODE
ENFORCEMENT PROCEDURES AMENDING SECTION 2 -25 -(L) OF
CHAPTER 2 THE CODE OF ORDINANCES ENTITLED "SCHEDULE OF
FINES "; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.(Tabled from '1 /21/03)'
(City Manager) 3/5`
RESOLUTION (S)IPUBLIC HEARING (S)
There are none
RESOLUTION (S)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002-03 FISCAL
YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL TWO
RECENTLY VACATED POSITIONS, PAYROLL TECHNICIAN AND CODE
ENFORCEMENT OFFICER, NOTWITHSTANDING THE CURRENT HIRING
FREEZE; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 3
AGENDA - March 4, 2003
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
COMMISSION; WAIVING COMMISSIONER SALARIES FOR REMAINDER
OF FISCAL YEAR 2003; PROVIDING AN EFFECTIVE DATE. 3/5
(Vice Mayor Russell)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BUDGET AND
FINANCE; PROVIDING FOR REINSTATING POLICE OFFICERS TO
FORMER RANKS; PROVIDING FOR REDUCTION IN PAY;
PROVIDING AN EFFECTIVE DATE 3/5
(Vice Mayor Russell)
ORDINANCE (S) FIRST READING (S)
1.4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
ENFORCEMENT; REPEALING IN ITS ENTIRETY SECTION 2 -24 OF
THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT
BOARD "; CREATING A NEW SECTION 2 -24 ENTITLED "SPECIAL
MASTER "; INCLUDING QUALIFICATIONS, POWERS OF AND
COMPENSATION OF SPECIAL' MASTERS; REVISING SECTION 2 -25,
ENTITLED " CODE ENFORCEMENT PROCEDURES ";'' PROVIDING FOR
APPEALS OF CODE ENFORCEMENT VIOLATIONS TO SPECIAL
MASTER; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND 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 MEETING OR HEARING, HE OR SHE WILL NEED A'RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD' INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT 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 4
AGENDA - March 4, 2003
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Sandy Youkilis Date: February 28, 2003
Acting City Manager
From: Hakeem K. Oshikoya, CPA Re: Lobbyist Payment Request
Finance Director
As directed by the City Commission at its January 21, 2003, meeting, I sent a letter to Mr. Book to
request for answers to the City Commission's questions regarding his letter dated January 14, 2003.
Mr. Book has responded to my letter of January 22 and provided some cancelled checks of payments he
made to Mr. Viera. The total amount of the cancelled checks he sent to us is $57,000. This amount
exceeds the reimbursement amount of $24,500 Mr. Book is requesting, making it difficult for me to
determine if the amount he said he paid Mr. Viera on our behalf was correct. ' Mr. Book !is requesting
additional reimbursement of $500.00 for each month he paid Mr. Viera. According to his letter, this
additional amount represents monthly retainer charge for his firm coordinating the work between the
City and Mr. Viera. Mr. Book claimed that the coordination work his firm performed resulted from direct
solicitation, of the City to him. i have not seen any document to support this claim.
In my letter, I requested for full description of work performed by Mr. Viera in Washington for the City.
Mr. Book has submitted several correspondence from Mr. Viera to Mr. Scurr, which are numerous m
quantity and difficult to attach with this memo (available for inspection).
I also requested Mr. Book to submit to us any correspondence from former City Manager Charles Scurr
authorizing his firm to do any work for the City in Washington. He was only able to provide a cover
memo to a resolution prepared by Mr. Scurr for City Commission approval on March 20, 2001.
With the approval of the City Commission, I will recommend that we request from Mr. Viera some kind
of proof that Mr. Book has paid him for the services he performed for the City in Washington, and the
amount he was paid.
I need to know how the City Commission wants us to proceed in settling, this matter, whether we are
going to pay Mr. Book or not, and how much to pay. If the decision is for us to pay, we will need a
resolution for their approval at a future commission meeting.
CITY OF SOUTH MIAMI
FINANCE DEPARTMENT
6130 SUNSET DRIVE
SOUTH MIAMI, FL 33143
(305) 663 -6343 FAX (305);663 -6346
January 22,'2003
Mr. Ron Book
Concorde Center 2
2999 NE 191 Street, PH 6
Aventura, FL. 33180
Dear Mr. Book:
As a follow -up to your letter of January 14, 2003, to me, Acting City Manager Sandy Youkilis
and I took the matter of your outstanding invoices to the City Commission for further
discussion and direction. They have directed us to ask you for additional information that
will assist them in making final decision on your , request. To this end, the City needs
response from you on the following inquiries:
1) How much funds have been paid by your company to Mr. Viera on behalf of
City of South_ Miami? Please include copies of cancelled checks with your
response.
2) Full description of work performed by your firm in Washington for the City of
South Miami.
3) Full description of work performed by Mr. Viera in Washington for the City of
South Miami, if different from that of your firm ( #2 above).
4)- Any communication_ from former _City Manager Charles Scurr, authorizing your
firm to do work for the City of South Miami in Washington.
The City Commission has requested that we obtain your response before their next meeting
of February 4, 2003, if possible, for further consideration. If you cannot meet this deadline,
please advise me, so that I may pass the information down to them.
Ronald L Book, P` A.
LOW offlffS
PROFU HN AN(IRTIOR
January 14, 2003
Sent via Federal Express
Mr. Hakeem Oshkoya
Director of Finance
City of South Miami
6130 Sunset Drive
South Miami, Florida. 33143
Dear Hakeem:
Thank you for sending the checks which goes a long way in helping us catch up on the
outstanding fees. I think we would both agree that there continues to be some discrepancy in the
amount that is owed for services rendered.
Most importantly, I think you and I figured out that much of the discrepancy comes as it relates
to the Washington, D.C. portion of the representation and the retainer of Vierra'& Associates for
that work. The agreement for thez Washington, D.C. services was initially approved in March -
2001, and has continued to date at the direction of your former City Pvlanager. This agreement
will expire at the end of February 2003, as I understand, with no further extension. I was asked
at the commencement of that relationship if I minded running that through my existing
agreement which I had no problem, oing. Unfortunately for me, I went ahead on;_a monthly
basis advancing those fees to Mr. Vierra.. 'I am currently out -of- pocket over;
SER-T-'B V CITY OF SOUTH MIAMI; 30 -5 7P1u1
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- xcellence, Integrity, Inclusion
To: Mayor and Commission Date: March 20, 200.1 1
From: Charles Scurr Agenda Item # /
City Manager Extension of Contractual Services
Agreements for Legislative (Lobbying)
Services
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI FLORIDA, RELATING TO STRATEGIC CONSULTING
SOUTH ,
SERVICES AT THE FEDERAL LEVEL; APPROVING FUNDING IN AN AMOUNT
NOT TO EXCEED $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM
ACCOUNT NUMBER 001 - 1315 - 513 -3450, CONTRACTUAL SERVICES
BACKGROUND AND ANALYSIS
The City of South Miami, for the past two years, bas retained the services of Fauslu Gomez and
Ron Book for the provision of Legislative (Lobbying) Services. This team of lobbyists, which
was competitively selected under RFP SLS -83198 (Attachment 2), has performed in an
exemplary ,manner and, with the support and guidance of the City Commission, achieved
I
unprecedented levels of funding from the State of Florida;
The City has now focused on Federal funding sources. Specifically, Federal assistance is needed `
Pedestrian Overpass, Church Street
for :a number of large projects such as the USl P O rp ,
Redevelopment ment and Downtown Infrastructure. Federal funding may also be available for
important projects such as HIV /Aids Prevention.
The City has met with key Federal legislators, ` including Congresswoman Carrie Meek. A
window of opportunity is available but the City needs to move forward immediately.
Professional lobbying services are essential to successfully achieving the City's Washington
Agenda. The City has been in discussion with our two existing representatives, Fausto Gomez
and Ron Book, about alternative ways to provide these services. Conventional full service
lobbying contracts for Washington representation` are far beyond the City's financial ability. A
retention "Strategic Consulting Services" A
on is the re g .
derivative service in use in Washington _ g
SE T BY: 'CITY OF SOUTH M'IAM7; 3 r 5 b'T 2 5IPM; Paat 3
strategic consultant provides most of the services of a full service lobbyist but the client, in this
case the City, will be expected to do a greater percentage of the work. The City is prepared to
make this staff and time commitment. The cost for this type of service is $3,500Imonth.
The existing agreements with our lobbyists allow for additional services. It is felt that Mr.
Book's firm is most appropriate for this effort. On Mr. Book's staff is Jeff Mell, former Senior
Aid to Congressman Bill Lehman. Mr. Book will also be using the services of Vierra and
Associates in Washington. A Statement of Capabilities and Scope of Work are attached
(Attachment 1).
Funding in the amount of $21,000 will come from Account '# 001-1315-513-3450, Contractual
Services, for FY 2000 -2001 services. This account has a balance of $24,000. The additional $21,0000
will come from Account # 001- 1315 -513 -3450, Contractual Services, pre- funded FY 2001 -2002.
RECOMMENDATION
Approval is recommended.
J
i
SENT BY: CITY OF SOUTH MIAMI; S05 663 6345; MAR -21 -01 2:59PM; PAGE 4
A ,
1
RESOLUTION NO.
3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4
SOUTH MIAMI, FLORIDA, RELATING TO STRATEGIC CONSULTING
5
SERVICES AT THE FEDERAL LEVEL; APPROVING FUNDING IN AN AMOUNT
6
NOT TO EXCEED $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM
7
ACCOUNT NUMBER '001- 1315 - 513 -3450, CONTRACTUAL SERVICES
8
9
_ .
10
WHEREAS, the City of South Miami has established an Office of intergovernmental Affairs with
TI
the purpose of securing appropriations and funding from the Federal government; and
12
13
WHEREAS, the use of professional strategic consulting services (lobbying) is essential to the
14
success of this Office; and
IS
16
WHEREAS, the City advertised and competitively solicited for these services through R.FP No.
17
SLS- 83198; and
18
19
WHEREAS, the City requires strategic consulting services for Federal funding efforts; and
20
21
WHEREAS, the current Lobbyist firms engaged by the City have performed in art exemplary
22
manner and are able to provide these services,
23
24
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
25
THE CITY OF SOUTH MIAMI;
26
27
Section I. The City Commission hereby authorizes the City Manager to enter into a
28
Professional Services Agreement for Strategic Consulting Services at the Federal level with .Finn of
29
Ronald L. Book,'P.A. in an amount not to exceed $42,000.00 from Account' -9 001 - 1315 -513 -3450,
30
Contractual Services, for FY 2000 -2001 and FY 2001 -2002 services.
31
32
S 'tion 2. This resolution shall take effect immediately upon approval.
33
34
35
PASSED AND ADOPTED this day of , 2000.
36
37
ATTEST: APPROVED:
38
39
44
41
City Clerk Mayor
42
43
RE_ AD AND APPROVED AS TO FORM:
44
45
46
47
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MARKS-
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Tuesday February 18, 2003
Sandy Youkilis
City Manager
South Miami, FL.
Dear Mr. Youkilis
I am submitting to you the operational foot print for the Alliance for Youth Flea:
Market. In addition to the foot print please note that I have also addressed two major
issues of concern that were raised by some of the commissioners.
I. Operational Foot Print:
1. Pre- registration /on -site' registration
2. Twice monthly (Sundays only)
3 Set. -up time= 7am/Breakdown time=-4pm
4. Fee per space =$1 5.00 (money orders /cash only)
5 60% of allotted space will be reserved for South Miami residents
6. Target date March (and every other Sunday through August 2003)
7. On -site staff reserve the right to determine what can and cannot be sold
I1. Concerns:
1. Liability; Insurance- coverage of this program which is city sponsored
would be covered under your present policy, and since this event is on
city property it would be covered under the existing coverage as well.
2. Funds- all profits from this event will go directly to Alliance for Youth
Thank you for your assistance.' If you have any questions please feel free to contact me at
(305) 66.6 -7329.
-Res ctf ly Submitte y
Levy K ly
President of Alliance for Youth
3
Youkilis, Sanford
From: Oshikoya, Hakeem
Sent: Tuesday, February 25, 2003 12:56 PM
To: Youkilis, Sanford
Subject: RE: Alliance for Youth /insurance
separate
just talked to our insurance representative; he said that it well cost about $1,500.00 for them to obtain a se p
covera a for $1,000,000 liability.
Hakeem K. Oshikoya, CPA
Finance Director
City of South Miami
- - -- Original Message - - - --
From: Youkilis, Sanford
Sent: Tuesday, February 25, 2003 12:23 PM
To: Oshikoya, Hakeem
Subject: FW: Alliance for Youth /insurance
Can you estimate or get an estimate as to how much the Alliance would have to pay to have the City's insurance cover
this twice a month event (flea- market)
SAY
- - - -- Original Message---- -
From: Earl' Gallop [SMTP:EGallop @ngf- law.com]
Sent: Tuesday, February 25, 2003 11:48 AM
To: Syoukilis @cityofsouthmiami.net; Hoshikoya @cityofsouthmaimi.net
Subject: Alliance for Youth /insurance
The question was raised whether the Alliance should provide insurance for its flea market operation, and it was
suggested that the city's policy covers any liability [I presume we are talking about bodily injury and death]; Hakeem,
as risk manager, is best equiped to advise whether the city's policy covers liability. Also, I think he can advose
whether the city requires event - holders to provide insurance. My recollection is that it does. Please advise.
i
I 1
�_ n .. „.
Youkilis, Sanford
From: Oshikoya, Hakeem
Sent: Tuesday, February 25, 2003 11:55 AM
To: 'Earl Gallop'
Cc: Youkilis, Sanford
Subject: RE: Alliance for Youth /insurance
Yes, we do require event holders to obtain their own insurance coverage. In some cases, we might be able to get our
insurance company to include them as part of our policy; however, a separate premium should be paid to the insurance
company to cover the event.
Hakeem K. Oshikoya, CPA
Finance Director
City of South Miami:
- - - -- Original Message--- -
From: Earl Gallop [mailto:EGallop @ngf- law.com]
Sent: Tuesday, February 25, 2003 11:49 AM
To: Syoukilis @cityofsouthmiami.net; Hoshikoya @cityofsouthmaimi.net
Subject: Alliance for Youth /insurance
The question was raised whether the Alliance should provide insurance for its flea market operation, and it was suggested
that the city's policy covers any liability [I presume we are talking about bodily injury and death]. Hakeem, as risk manager,
is best equiped to advise whether the city's policy covers liability. Also, I think he can advose whether the city requires
event - holders to provide insurance. My recollection is that it does. Please advise.
1
"z'" .,,. ".°:„
South Miami
CITY OF SOUTH MIAMI Soul, kvAd
6130 SUNSET DRIVE o�iagMy
SOUTH MIAMI, FLORIDA 33143 F v
(305) 663 -6326 u
INCORPORATED '
1.927
w;
�COR �P 2007 -
March 4, 2003
Dear Resident of South Miami,
The City is looking at the parking situation on the streets just south of SW 74th Street, in the
residential area. It has come to our attention that several residents are concerned about the
potential presence of long -term parking in the residential area by employees and/or patrons of the
downtown commercial area. We would like to get input from the residents of the area. Listed
below are several options the City would consider, which could address the potential problem.
Subject Area:
S.W. 59th Place on the West'
S.W. 57th Court on the East
S.W. 74th Terrace on the North
S.W. 76h Street on the South
1. Residential Decal parking
❑ - This option would entail each resident of the area to visit City Hall to acquire a parking
decal. Residents would be required to show a valid driver's license, vehicle registration
and /or proof of residence in order to get the free -of- charge parking decal and/or visitors
passes. Non - residents of the area would not be permitted to park in the area.
2. Parking Meters
- Meters would be limited to five (5) hours maximum, and cost $1.00 an hour. Meters
El would prevent casual use of the residential area as a "free- parking zone," but people
could still park there if they were willing to pay the meter fee.
3. Leave situation as it currently exists.
❑ - Currently, notwithstanding the existing signage, anyone can legally park on a first -
come, first -serve basis. This serves both the area residents and visitors to the downtown
commercial area. This option may entail clarifying the signage or removing the signage
altogether.
Please choose one and return it to City Hall in the enclosed postage -free envelope. Thank you
for your time and valuable input.
Sincerely;
Richard G. Lorber, AICP
Planning & Zoning Director
sou' b South Miami
CITY OF SOUTH MIAMI baftd
AMnericac"
INCORPORATED
Excellence, Integrity, Inclusion
•
1927
CORIDP
2001
TO: Honorable Mayor, Vice Mayor DATE: March 4, 2003
& City Commisssion
F40M: Sanford A. Youkilis ITEM No.
Acting City Manager RE: Analysis of annual cost on
Adm. take -home vehicles
Pursuant to the Commission's request, an analysis is presented below detailing the annual expense to
the City to provide take -home cars to eight city administrators.`
I. Current administrative vehicle assignment
The chart below describes the eight vehicles assigned to management, their respective
assignments, and present market value.
CITY
YEAR
MAKE
TYPE
MODEL
TAG #
ASSIGNMENT
DIVISION
Market
92 -05
92
FORD
L.T.D.
Crown Vic.
90882
R. Lorber
P & Z
$1,425'
96 -04
94
FORD
L.T.D. "
Crown Vic.
124804
H.Oshiko a -
Finance
$2,188
96 -02
96
FORD -
L.T.D.
Crown Vic.
124805
A. Balo un
P. W
$3,840
93 -02
92
FORD
L.T.D.
Crown Vic.
97504
S. Basu
CRA
$1,425
95 -01
95
FORD =
L.T.D.
Crown Vic.
97933
S. Lama
Building
$2,756
95
1 93
FORD
L.T.D.
Crown Vic.
60117
A. Garcia
P & R
$1,739
96 -06
1 96
FORD
L.T.D. >'
Crown Vic.
1 124816 '
O. Martinez
Mr's Office
1 $3;840
-00 -13
1 00
1 FORD
I SUB
I Explorer
1 131985
1 S. Youkilis
I M fs Office
1 $9,947
II. Estimated annual cost per vehicle
The table below details the annual preventive maintenance costs and fuel consumption per
vehicle.
Scheduled Preventive Maintenance
Tires (2)
$112'
P.M. fluids, filters (every 3,000 miles or 4 per ear)
$120
Brakes (Turn rotors and brake ads).
$150
Miscellaneous (batteries, hoses, belts,, etc.)
$150
Transmission — tune up service.
$ 45
Other Regular Expenses
*Fuel (22 gal. tank @ $1.58 per gal. X 52 wks)
$1,820
Insurance
$443
Estimated Annual Expense Per Vehicle:
$2,840
*Fuel costs were estimated based on a weekly consumption of a full tank of gas. However, actual
consumption is below this level.
Note: The scheduled preventive maintenance is performed to all city vehicles (take -home and others).
The above figures do not include any major repairs such as transmission, water pumps, air
condition, or major brake repairs, etc.
r, .0
Page Two
III. Potential Savings'
After careful consideration, it has been concluded that the elimination of take -home vehicles would yield
only minimal savings to the City.
Eliminating take -home vehicles necessitates the creation of a car pool in order to provide transportation to
administrative staff to attend official meetings and respond to official city business as required during
regular working hours. The car pool must maintain at least five vehicles in stock to ensure availability
when vehicles are being repaired or maintained. The table below shows the estimated savings for
implementing the five- vehicle car pool.
Estimated Savings
Estimated Annual Expense for Eight Vehicles:
$22,720
Estimated Annual Expense for Five Vehicles:
$14,200
Savings:
SAIM
As illustrated above, the reduction from eight to five vehicles ,would result in a savings of $8,520 in
maintenance and fuel costs. Additionally, : the sale of the remaining three vehicles would yield an
additional $4,500 resulting in a first -year savings total of $13,020.
Other factors that should be considered if the vehicles are to be eliminated include:
• Possible delays in emergency events during after - hours or weekends, especially if only one
vehicle is available in their household.
• Presently administrators average less than fifty miles per week for home to work trips.
• Other municipalities in Miami -Dade County provide a car allowance ($200 -$350 monthly) that
would be more costly than our present expense or provide a vehicle to their executive staff as part
of their employment benefit package:
IV. Emergency on call vehicles
The city presently has 3 supervisors on twenty -four hour emergency call from the Sanitation, Building
Maintenance, and Parks and Recreation departments'. These individuals are assigned a pickup truck. It
wouldn't be prudent to remove their on call status and transportation, since it is critical for these
individuals t6i be able to respond to any potential city emergency. In emergency situations, these
supervisors would be the first to respond to the scene, assess the problem and determine whether
additional personnel should be contacted.
Sources: South Miami Motor Pool
Edmunds.Com Used Car Value
SAY /OMC /OC
Wes,. 3..
Excellence, Integrity, Inclusion
INCORPORATED
1927;
p
2001
TO: Honorable Mayor, Vice Mayor DATE: March 4, 2003
& City Commisssion
FROM: ` Sanford A. Youkilis ITEM No.
Acting City Manager RE: Analysis of annual costs on
police take -home vehicles
Pursuant to the Commission's request, an analysis is presented below detailing the annual
expense to the City to provide take -home cars for the police department. It is important to
point out that the City is required by contract to provide take home vehicles to its police
officers. Consequently, it may not be feasible to implement the cost cutting measures
presented herein.
I. Estimated annual cost per vehicle
The table below details the annual preventive maintenance costs and fuel consumption
per vehicle.
*Fuel costs were estimated based on a weekly consumption of two full tanks of gas.
Note: The above figures do not include any major repairs such as transmission, water pumps,
air conditioner, etc.
Scheduled Preventive Maintenance
Tires (2 sets of 4) $450
P.M. fluids, filters (every 3,000 miles or 4 per year) $240
Brakes (2 major replacements per ':year) $800
Miscellaneous (batteries, hoses, belts, etc'.) $300
Transmission — tune up service. $ 45
Other Regular Expenses
*Fuel (22 gal. tank @ $1.58 per gal. X 2 X 52 wks) $3,640
Insurance $437
Estimated Annual Expense
Per Vehicle:
$5,912:
*Fuel costs were estimated based on a weekly consumption of two full tanks of gas.
Note: The above figures do not include any major repairs such as transmission, water pumps,
air conditioner, etc.
Scheduled Preventive Maintenance
Tires (2 sets of 4) $450
P.M. fluids, filters (every 3,000 miles or 4 per year) $240
Brakes (2 major replacements per ':year) $800
Miscellaneous (batteries, hoses, belts, etc'.) $300
Transmission — tune up service. $ 45
Other Regular Expenses
*Fuel (22 gal. tank @ $1.58 per gal. X 2 X 52 wks) $3,640
Insurance $437
Estimated Annual Expense
Page Two
II. Potential Savings
Based on the numbers of available vehicles as compared to the number of vehicles that are
required for the day to day department functions, including a back -up pool, it has been
determined that a total of 20 vehicles can be eliminated from the existing fleet. The potential
annual savings in preventive maintenance and fuel consumption from the fleet reduction are
estimated as follows:
Estimated Savings
Annual Expense for Current Fleet (61 vehicles):
$360,632
Annual Expense for Reduced Fleet (41 vehicles:
$242,392
Annual Savings:
As illustrated above, the reduction of 20 vehicles would result in a net savings of $118,240 in
maintenance and fuel "costs. Additionally, the sale of these vehicles could potentially yield an
estimated $97,426 resulting in a first -year savings total of $215,666`.
Sources: South Miami Police Department
Edmunds.Com Used Car Value
South Miami' Motor Pool
SAY /OMC /OC
S RGARMAN & SUSSKI N D
3A
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman* ; 2801 Ponce De Leon Boulevard
Howard S. Susskind Suite 750
David E. Robinson Coral Gables, Florida 33134
Kenneth R. Harrison, Sr. (305) 529 -2801
D. Marcus Braswell, Jr. Broward 327 -2878
George S. Aude Toll Free 1-800-329-2122
Charles A. Gibson Facsimile (305) 447 -8115
♦ Board Certified Labor
& Employment Lawyer
January 10, 2003
Via facsimile (305) 668- 3877 & U.S. Mail
Board of Trustees
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarra, Human Resources Manager
6130 Sunset Drive
South Miami, Florida 33143
Re Pension Credit for Former City Manager Charles Scurf
Dear Trustees:
You have asked our opinion concerning the contributions which should be made to the
South Miami Pension Plan on behalf of recently resigned City Manager Charles Scurr.
In preparing this opinion, we have reviewed the Inter Office Memorandum dated
December 27, 2002 from Finance Director Oshikoya to Acting City Manager Youkilis, City
Commission Resolutions No. 203 -98 -1040 and 198 -02- 11547, the Memorandum dated July 19,
1999 from Mayor Robaina to Finance Director Oshikoya, the Employment Agreement between ;
the City and Mr. Scurr dated October 4, 1999, and the provisions of the pension plan set forth in
Chapter 16, Article H of the South Miami Code.
Resolution No. 203 -98- 10470, dated July 21, 1998, appointed Mr. Scurr as the city
manager and provided for a "credit in the South Miarni Retirement System for time employed in
other governmental entities." The July 19, 1999 Memorandum from Mayor Robaina verified the
City Commission's intent that the retirement credit be "part of the compensation section of the
resolution and is the financial responsibility of the City." Section 2.5 of the October 5, 1999
Employment Agreement also states that Mr. Scurf received "credit in the City retirement system,
for time employed in other governmental entities and annual contributions to the system."
Board of Trustees
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarro, Human Resources Manager
January 10 2003
Page 2
Although Resolution No. 203 -98 -10470 and the Employment Agreement provide for
credited service in the South Miami Pension Plan for Mr. Scurf's other governmental service,
there is no such provision in the South 'Miami Pension Plan which authorizes you to pay a
pension based upon service for other governments. As trustees of the Pension Plan, you have a
fiduciary duty to pay benefits only in accordance with the terms of the Pension Plan. < Since the
Pension Plan does not provide for credited service for time spent working for other employers, it
is our opinion that the South Miami Pension Plan cannot pay a benefit to Mr. Scurf or grant him
credited service based upon his employment with other employers.
In order for Mr. Scurr to receive credited service for employment with other
governmental employers, the provisions of the South Miami Pension Plan must be amended by
ordinance. Because the provisions of Resolution No. 203 -98 -10470 and the Employment
Agreement ` are ambiguous as to the financing of this credit for Mr. Scurr, the ordinance
amendment should include answers to the following questions:
• Is Mr. Scurr required to make employee contributions for the credited service he is
receiving for work with other governmental employers?
• Was Mr. Scurr obligated to make employee contributions for the credited service he
earned while employed as South Miami City Manager ?'
:* Are there any other employment agreements or arrangements with other' employees who
are participants in the South Mani Pension Plan providing for credited service for work
with other employers? If so, those arrangements' should also be included in the
ordinance.
If the city attorney drafts the amending ordinance, we request an opportunity to review it
before it is submitted to the Commission. If you would like us to draft the ordinance, (a service
which is covered by our retainer), please ask the City to furnish us with the answers to the above
questions and we will prepare the amendment for review by the city attorney.
Before the amending ordinance can be finally adopted by the Commission, an actuarial
impact statement must` be prepared by the Pension Plan's actuary. Now that Mr. Scurr's
employment with the City has terminated, the exact impact of granting this other governmental
service (that is, the amount by which this other service increased the pension he would' otherwise
earn) can be definitely determined. Thus, the actuary will be able to provide us with a definite
cost for this additional credited service. The $89,716.80 which the city has already paid towards
that cost (as shown' ` in Finance Director Oshikoya's December 27, 2002, Inter -Office
The answers to these questions must be provided by the city. Since it was the city that adopted the resolution and
was party to the employment contract of Mr. Scurf, the city can furnish us with its intent and clear up the
ambiguities in the two documents. As trustees of the Pension Plan, you are authorized only to interpret and construe
provisions of the Pension Plan; you do not have the authority to construe or interpret ambiguous, provisions of the
city's employment contracts.
Board of Trustees y,
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarro, Human Resources Manager
January 10, 2003
Page 3
Memorandum) will be credited towards this cost. The actuary should be notified of this
contribution already made by the city so that the actuary can prepare a funding schedule for any
balance which may be due.
Based upon the understandings and for the reasons set forth above, it is our opinion that
unless and until the Pension Plan is amended by ordinance, the Pension Plan cannot grant
credited service to Mr. "Scurr for his service with other governmental employers and cannot pay
Mr. Scurr a pension based upon the other governmental service. Furthermore, should be Pension
Plan not be so amended, $89,716.80 paid by the City to the Plan for the other governmental
service should be either refunded to the city or credited towards future required city
contributions.
Yours truly,
OBERT A. SUG
RAS/ld
G.l1SMPnOPIMOPIN-XC4MSrScu ]?mionConUibutions-L&Tn deer
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
2801 Ponce De Leon Boulevard
Robert A. Sugarman♦ Suite 750
Howard S. Susskind Coral Gables, Florida 33134
David E. Robinson (305) 529 -2801
Kenneth R. Harrison, Sr. Broword 327 -2878
D. Marcus Braswell, Jr. Toll Free 1- 800 - 329.2122
George S. Aude Facsimile (305) 447-8115
Charles A. Gibson
*Board Certified Labor
& Employment Lawyer
January 29, 2003
Board of Trustees
City of South Miami Pension Plans
c/o Jeannette Enrizo- Navarro, Human Resources Manager
City of South Miami
6130 Sunset Drive
South Miami; Florida 33143
Re: Lisea Merrick Settlement Agreement
Dear Trustees:
As you requested, we have reviewed the Agreement entered into between the City and
Lisea Merrick, a former police officer, which settled a federal court lawsuit which she brought
against the city. We have also reviewed City Resolution No. 77 -02 -11426 which approved the
settlement agreement and the provisions of Chapter _ 16, Article H of the South Miami Code
which establish and govern the South Miami Pension Plan, of which Ms Merrick was a
participant.
We understand that Ms. Merrick had completed 74 months of service in the city pension
plan. We also understand that Section 2 of the Agreement states that the city will "provide for
the vesting of Plaintiff's [Merrick's] pension and further agrees to make any monetary
contributions for the vesting of the pension up to the 10 year point. Plaintiff recognizes that this
is not the usual practice of the city."
-ceor ding -ta- our- under-standin$ -Qf- the- settlern t a eg Went. the city agreed to provide an
additional 46 months of credited service to Ms. Merrick (the difference between the 74 months
of service which she earned as a result of her city employment and the 10 years, or 120 months,
promised to her in the Agreement.)
�,"-- .- r- ,�,.,, -n.-IT . .r„� sue.- -�;:_, e*P "t ."^:• -, . > . ,r..t -`-'- ",',�,,"'S 1. ... -., �: °�� ..xn n",�.. .ii:;3�",,. ""''.,',€�'�'�` � rs ,_ .E.
Board of Trustees
City of South Miami Pension Funds
c% Jeannette Enrizo- Navarro, Human Resources Manager
+ City of South Miami
January 29, 2003
Page 2
In our opinion, the city cannot provide this benefit to Ms Merrick from the South Miami
Pension Plan. ' There is no provision in the South Miami Pension Plan for granting credited
service to employees for time not actually worked for the City of South Miami, even if the value
of this credited service is fully paid to the pension plan by the city. Further, the pension plan
cannot be amended to provide for the purchase of non- worked credited 'service for police officers
because the provisions of Chapter 185, Florida Statutes, which govern Florida municipal police
pensions, only permit credited service to be granted for actual service as a municipal police
officer, prior military service, or prior law enforcement service. Therefore, under the provisions
of both the South Miami Pension Plan and Chapter 185, Florida Statutes, there is no way that the
pension plan can provide the additional 46 months of credited service to Ms. Merrick, even if the
city fully paid for this added "service."
According to the Agreement, Ms. Merrick resigned on June 5, 2002. We understand that
at the time of her resignation, she had approximately 74 months of service and therefore had not
worked the ten years necessary to vest in the pension plan or be eligible for a normal retirement
benefit upon reaching age 60. As a terminated unvested employee, her only benefit entitlement
from the South Miami Plan is a return of the employee contributions which she made to the plan
while employed by the city.
We therefore recommend to the trustees that should the city tender payment for
additional credited service for Ms. Merrick, the payment be refused by the Board of Trustees and
returned to the city. We also recommend that, upon her application, her accumulated employee
contributions be returned to Lisea Merrick.
If the city wishes to implement the intent of its agreement by providing Lisea Merrick
with a 10 year pension upon her reaching age 60, there are at least two ways that the city can do
this.
1. While the city cannot grant Ms. Merrick additional credited service, for the
reasons explained above, the city can lower the vesting requirement to the 74
months she actually worked and increase the benefit multiplier rate to produce a
monthly benefit, payable upon her reaching normal retirement age, which will
equal the amount ` that she would have received had she earned 10 years of -
credited service. However, due to the non - discrimination provisions of Chapter
145 Fier da i�t tes; the city uoulcLhav�to make this lowered vesting schedule
and higher benefit rate available to all of the other police officers. While this
could be limited to those police officers who left the city's service on June 5,
2002, " an opportunity to vest and -receive a pension would have to be offered
retroactively to all officers who had at least 74 months of service as of June 2002.
Because this would be a very expensive and lucrative benefit and that a number of
officers would likely take advantage of it to leave the city and vest this
substantially increased pension, this method is not at all practical.
M
Board of Trustees
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarra, Human Resources Manager
City of South Miami
January 29, 2003
Page 3
2. The city can amend its agreement with Ms. Merrick to provide an equivalent
benefit outside of the South Miami Pension Plan. The city could determine from
the Pension Plan's actuary the exact monthly lifetime benefit which Ms. Merrick
would receive at age 60 if she had earned 10 years of credited service. The city
could then purchase an annuity from an insurance company which would pay and
guarantee this benefit to Ms. Merrick. The city could also agree that Ms. Merrick
would contribute her return of employee contributions from the Pension Plan
towards the purchase of this annuity. Since Ms. Merrick would be withdrawing
her contributions from the plan, the city contributions which were made on her
behalf during her career would remain with the plan, cause an actuarial gain, and
ultimately cause a reduction in the city's future contributions to the plan.
We will be glad to assist the city in implementing either one of these other arrangements.
However, the arrangement set forth in the settlement agreement which grants Ms. Merrick an
additional 46 months of service for time not worked cannot lawfully be implemented.
Yours truly, . At
& �� r 1
ROBERT A. SUGARMAN
RASnd
cc: Captain Bruce H. Ross, Chairman
Officer Eric Fulton, Chairman
Earl Gallup, City Attorney
G:\\SMPF\OPMOPIN-LiseaMenickSettlementAgint-LtTrugtees
go u T CITY OF SOUTH MIAMI South Miami
.�,p �r llll•A#33C�1t
u
Excellence, Integrity, Inclusion
• `INCORPORA�EO •
1927 P
O R-tv
TO Honorable Mayor, Vice Mayor DATE: ` March 4, 2003
& City Commission`
FROM: Sanford A. Youkilis ITEM No.
Acting City Manager Citizens City Manager Selection
Committee appointees
RESOLUTION or ORDINANCE
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES,
APPOINTING VALERIE A. NEWMAN, VICTOR DOVER, SIMON
CODRINGTON, JR., CURTISS SIBLEY AND GERALD H. GOULD TO THE
CITIZEN'S CITY MANAGER SELECTION COMMITTEE; PROVIDING' AN
EFFECTIVE DATE.
BACKGROUND & ANALYSIS
The attached resolution, sponsored by Mayor Feliu appoints members to the Citizen's City
Manager Selection Committee. The :members shall serve until the task has been completed.
RECOMMENDATION
Approval
Attachments:
SAY/RL (Dept Director's initials)
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 BOARDS AND COMMITTEES, APPOINTING VALERIE A.
6 NEWMAN, VICTOR DOVER, SIMON CODRINGTON, JR.,
7 CURTISS SIBLEY AND GERALD H. GOULD TO THE CITIZEN'S
8 CITY MANAGER SELECTION COMMITTEE; ` PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami
12 recognize the important contributions made by those who serve on the various city boards
13 and committees, 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 desire to appoint Valerie A.
17 Newman, Victor Dover, Simon Codrington, Jr., Curtiss Sibley and Gerald H. Gould to
18 the Citizen's City Manager Selection Committee to serve until task is completed.
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 Commissioner hereby appoints Valerie A. Newman, Victor
24 Dover, .Simon Codrington, Jr., Curtiss Sibley and Gerald H. Gould to the Citizen's City
25 Manager Selection Committee to serve until task is completed:
26
27 Section 2. This resolution shall take effect immediately upon approval.
28
29 PASSED AND ADOPTED this day of 12003.
30
31 ATTEST: APPROVED:
32
33
34 CITY CLERK MAYOR
35
36 Commission Vote:
37 READ AND APPROVED AS TO FORM: Mayor Feliu:'
38 Vice Mayor Russell:
39 Commissioner Bethel:
40 CITY ATTORNEY Commissioner Wiscombe:
41 Commissioner McCrea:
42
Additions' shown` by underlining
and deletions shown by ever -
y
� uora �u ria ■aaau
.5, g7 F 1 o n d a
fut ..... .........
�i
X, �.
Y { #axl
2001 .
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: s i MOI J im I ii Gr7- .
(Please print)
2. Home Address:
3. Business Address: 3/6a c ®M m o ® ®R C
4. Home Phone No. Cam) kof - C/Y77 Business Phone No. � 78 31
Fax No.
5. E -mail Address:
6. Ed cation Background: _
c c,3?oAxer-l_b -rr_-14gj Q u/,ct mrs, A/57'R v, 7'bP_
RI&H 5c-A' ,=k
7. Community Service:
4jmoij �t�r��
8. Are you a registered voter? Yes . v--' No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non-Hispanic_ African American Hispanic American Other i/
12. I am interested in serving on the following board(s) /committee(s)
i 5.A4&- -77 V rar
First choice Second choice
I
Third choice Fourth choice
Signature. Date I '
Applicant
I
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8/62
0'121/2003 16 21 3056625454 FNBSM PAGE 02/02
" .F{ aX aV U�a OVA AH U1
%C ➢Yy`t1 F 1 a r I d a CY1c�r�t��,or
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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: Curtiss F. Sibley
(Please print)
2. Home Address: 1201 San Ignacio Avenue, Coral Gables; FD 33146
I
3. Business Address: 5750 Sunset Drive, South Miami, FL 33143
4. Home Phone No. 305661 -7831 Business Phone No. .305 -662 -5427
Fax No. 305 -662 -5454
5. E -mail Address: csibley@fnbsm.com
6. Education Background:
University of Miami-- Bachelorof Business Administration
University of Richmond -- Masters in Business Administration
7. Community Service:
Chairman of the Board of Fellowship House
Director of the Red Sunset Merchants Aeon.
Director of Hometown, Inc.
S. Are you a registered voter? Yes x No
9. Are you a resident of the City? Yes No X
10. Do you have it business in the City? Yes X No
11. Ethnic Origin?
White Non- Hispanic X African American Hispanic American Other
12. I am interested in serving on the following boards) /committee(s):
City Manager Selection Committee
R"t choice Second choice
Third choice Fourth choice
Signature Date ,L
Pp ►cant /
THIS APTLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8/02
FI.,T4 T°
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: VI CTO' R 5 • r1)0VfiP„
2. Home Address: 227 SW ley �rint)
�O T, SO MIAMI FL
3. Business Address: 15q 1 SoWS57 V& . C6 KAL CA L PJ R_ 3314$
4. Home Phone No. � b Business Phone No. 5. 6 &6 • o444.
Fax No. ' 05. ryoty.JW
5. E -mail Address: ydover @ bell S0 A • net
6.
7.
8. Are you a registered voter? Yes ✓ No
9. Are you a resident of the City? Yes / No —
10. Do you have a business in the City? Yes V/ 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):
MARACPM Samo
Signature Date ) D im MV Wo
Applicant
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8102
;'rf CD £ SxS��t, a v u a as M1 a s ua a
r' ��z� .t F l o r i d a
F
2001
CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305-663-6340
South Miami, FL 33143 Fax No. 345 -663 -6348
1. Name: VoJel"ie, A
5/� (Please print)
2. Home Address: LZU�;
3. Business Address:
4. Home Phone No. Business Phone No. g70S'' S 10- ,?U13 CC,
f, [/
5. E -mail Address: Uc%�l tNi 1� 1.ti?i9 rah '� Fax No. 9� Y�LVIa (1 �i lsyl
6. Education Background: p
s. (�Y► i U rr i 5�Ot �7-� F 6) A — % riic � QiPt�r� �� 7aZ
t ( r e ck / Fed,,
7. C "j nommunity Service: � or rx �, <faryr�,� - ��m UP &f�4y �sf � ce jf e
evt `, ij D cc'[ r t l�Ul t a to t 'kid , A,
�ot�
v�t,� iKe2� — cc� ii'l'cr vnJ 5 If
'I tL�'cc.�i o �1
Co in l i �{ �Z � � UI � l Ulm
2UOu'� - v�e?i� j %�auc��2 j��rJdeFJ /COaylr rz }�r"C�x C_ iVL
8.' Are you a registered voter. Yes Na
9. Are you a resident of the City? Yes X No
10. Do you have a business in the City? Yes No X
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
Third choice Fourth choice
Signature ,r -- Date 10116102-
Applicant
f
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 8/02
RM
i
I
°tEtb �..
2001
CITY OF SOUTH MIAMI BQARDICOMJNITTEE APPLICATION
6130 Sunset Drive Phone No. 305 -663 -6340
South Miami, FL 33143 Fax No. 345 -663 -6348
(Plelkse print)
2. Home Address:
r� a:
3. Bus_'ness Address : t -r f
4. Home Phone No. 319 �v - %` K: - -Business Phone No
5. E -mail Address: rc ,,;,y Fax Na'
6. Educ4tion Background:
7. Co unity Service
i k4�
1 .f � � 1 i'ti,";• F°j-' �'A.: },� ice! �� '' �' �, �:.w'� .�:'
8. Are you a registered voter? Yes. -'' No
9. Are you a resident of the City? Yes
No
10. Do you have a business in the City? Yes No
11. Ethnic Origin?
White Non - Hispanic ;fir' African American Hispanic American Other
>' r.'
Signature �F, r Date'
pphcant p
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 9101
- �.�'.',°°;_. -,. -�.-. �x rte—.,; ,,r-, ,`c's:
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MMANII, FLORIDA, RELATING TO CITY MANAGER;
5 EXTENDING APPOINTMENT OF SANFORD A. YOUKILIS AS ACTING
6 CITY MANAGER UNTIL A PERMANET CITY MANAGER IS SELECTED,
7 OR FOR A PERIOD OF TIME NO LONGER THAN 90 DAYS'; PROVIDING
8 AN EFFECTIVE DATE.
9'
10 WHEREAS, pursuant to art. III, sec. 4 of the city charter the Mayor and City
I I Commission of the City of South Miami have the authority to appoint an acting city manager to
12 serve for a period of no longer than 90 days upon the resignation or during the leave of absence
13 of the city manager; and
14
15 WHEREAS, the City Commission by Resolution No. 200 -02- 11549, adopted December
16 17, 2002, ,appointed Sanford A. Youkilis as Acting city Manager for a 90 day period; and
17
18 WHEREAS, the Mayor and City Commission desire to extend that appointment of
19 Sanford A. Youkilis as Acting City Manager until a permanent city manager is selected, of for
20 period of time of no longer than 90 days
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY'
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
24
25 Section 1. The appointment of Sanford A. Youkilis as Acting City Manager is hereby
26 extended to serve until a permanent City Manager is selected, or for a period of time of no longer
27` than 90 days. As acting city manager, Mr. Youkilis shall have all of the powers and
28 responsibilities, as the ;city manager under the city charter and the law. The acting city manager
29 shall not be eligible for appointment as the permanent city manager. The acting city manager
30 shall have the authority to co -sign checks on behalf of the city. The acting city manager shall be
31 paid a fee of $85,000 per year for the period of time he serves, and no benefits.
32
33 Section 2. This resolution shall take effect immediately upon approval,
34
35 PASSED AND ADOPTED this day of )2003.
36
37 ATTEST. APPROVED:
38
39
40 CITY CLERK MAYOR
41
42 Commission Voter
43 READ AND APPROVED AS TO FORM: Mayor Feliu:
44 Vice Mayor Russell:
45 Commissioner Wiscombe:
46 CITY ATTORNEY Commissioner Bethel:
47 Commissioner McCrea:
Additions shown by underlining and deletions shown by ever-strik-ing.
RESOLUTION NO. 200 -02 -11549
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER;
APPOINTING AN ACTING CITY MANAGER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to art. 1II, sec. 4 of the ',city charter the Mayor and City
Commission of the City of South Miami have the authority to appoint an acting city manager to
serve for a period of no longer than 90 days upon the resignation or during the leave of absence
of the city manager; and
WHEREAS, the city manager, Mr. Charles D. Scurr, has given 60 -days notice of.
resignation and has taken a leave of absence during that period of time; and
WHEREAS, the Mayor and City Commission desire to appoint Mr. Sandy Youkilis to
serve as acting city manager until a permanent city manager is selected by the commission.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Mr. Sandy Youkilis is appointed to serve, as acting city manager until a
permanent city manager is selected, or for a period of time of no longer than 90 days. As acting
city manager, Mr. Youkilis shall have all of the powers and responsibilities as the city manager
under the city charter and the law. The acting city manager shall not be eligible ° for
appointment as the permanent city manager. The acting city manager shall have the authority to
co =sign checks on behalf of the city. The acting city manager shall be paid a fee of $85,000 per
year for the period of time he serves, and no benefits.
Section 2. This resolution shall take 'effect - immediately upon approval.
PASSED AND ADOPTED this 17th day of December, 2002.
ATTES APPROVED;
CITY CLERK MAYOR
COMMIS N VOTE: 5 -0
READ AND APPROVED AS TO FORM: Mayor Feliu: Yea
Vice Mayor Russell: Yea
^- Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel: Yea
Commissioner McCrea: Yea
Pagel of l
Additions shown by underlinina and deletions shown by ever -
RESUME
Sanford A. Youkilis
PERSONAL
Sanford A. Youkilis, A.I.C.P. Date of Birth: April 21, -1943
7825 Camino Real (J -310) Divorced: Two Children
Miami, Florida 33143
(305) 274 -5459 pager (305)-708-5459
sandyplanner @aol.com
PROFESSIONAL EXPERIENCE
MUNICIPAL SERVICES ASSOCIATES (MIAMI FLORIDA);
PROFESSIONAL CONSULTANT (1997`- PRESENT)
Professional consulting practice providing specialized service to local governments in the fields of city planning and
public administration, including annexations, incorporations, zoning, and government organization,.
BARRY UNIVERSITY (MIAMI, FLORIDA)
ADJUNCT PROFESSOR OF PUBLIC ADMINISTRATION (1999 -
Currently teaching public planning, public administration ethics, and public budgeting courses at Kendall, Coral'
Gables, Doral and Main Campus.
CITY OF CORAL GABLES. FLORIDA
ASSISTANT CITY MANAGER (MAY 1988 - OCTOBER 1996)
Assistant City Manager for municipality with population of 43,000, $70 million budget and 800 employees. Major
duties included coordination of planning, zoning, building, public service and public works functions; preparation of
City's Annual Budget! and Capital Improvement Program; responsible for City's Strategic Management Program and
Performance Evaluation Program; responsible for City's legislative program, news media relationship, and liaison
with State and County elected officials; coordination of City Commission meeting agendas including preparation of
required ordinances and resolutions; responsible for City's Annexation Program including cost/revenue analysis,
service level projections, and infrastructure surveys responsible for contract administration for waste collection, and
City property management; served as Acting City Manager in the absence of the City Manager. Retired on October
1, 1996 on full pension.
ACTING CITY MANAGER (JANUARY - MAY, 1988)
Served as Acting City Manager (five months). During interim period reorganization of several departments started,
management intern 'program initiated, long -range capital improvement program organized, and Emergency
Management Operations Division created.
DIRECTOR OF PLANNING (1984 -1987)
Position involved management of the City's Department of Planning, which served as staff to the Planning and
Zoning Board, Historic Preservation Board, and other citizen advisory boards involved in future planning and
development. Responsibilities included preparation of a new Comprehensive Plan, State and Federal grant
applications, review and recommendation on all zone changes, zoning amendments, conditional uses, and historic
landmark designations.
CITY OF MIAMI BEACH. FLORIDA
DIRECTOR OF PLANN IN G (1981 - 1984)
Appointed in February, 1981. Served as Director of Planning during which period the Department was significantly
expanded to provide: services in historic preservation, urban design, landscape architecture and redevelopment
planning. Department was responsible for design and implementation of major capital projects including the
1V 7F
Resume- Sanford A.'Youkilis:
Page 2
Boardwalk Program, Ocean Drive Design Plan, South Pointe Park, new Police Building, and the 21st Street
Community Center. During the period April through September, 1982, served as the Executive Assistant to the
newly appointed City Manager. Assisted the Manager in departmental reorganization, initiating management
training seminars, and creating a capital improvement program.
CITY OF CINCINNATI, CITY PLANNING COMMISSION
CHIEF, HISTORIC CONSERVATION DIVISION (1978 - 1980)'
Appointed as the city's first Urban Conservator in July, 1980. Responsibilities included the creation and
management of a new division charged with implementing the city's historic preservation program.
TITLE: SENIOR PLANNER AND CHIEF OF SPECIAL STUDIES DIVISION (1972 -1978)
This division was responsible for the creation and implementation of major new zoning amendments, the initiation
of the Coordinated City Plan (comprehensive policy plan), and administration of 701 Comprehensive Planning
Rinds. Zoning legislation drafted included: Historic Preservation 'Ordinance; Hillside Protection Zone;
Environmental Quality Districts; Interim Development Control Districts; and Hearing Examiner.
TITLE: ASSISTANT CITY PLANNER (1968 -1971)
Assigned to the Neighborhood Planning Division.
EDUCATION
• M.C.P./Master of City Planning University of Cincinnati, 1968
Collateral Field: Public Administration
• B.A./Liberal Arts University of Cincinnati, 1965
COMMUNITY ACTIVITIES
• Member: E. Kendall Municipal Advisory Committee (MAC); appointed by Bd. Of County
Commissioners (2002)
• Member: E. Kendall Community Council #12- Zoning Appeals Board (Elected position) 1998 -2002;
Chairman, 1998 -2000
• Board Member: South Florida' Planning and Zoning` Association (2000 -2001)
• Board Member: Let's Incorporate Now Coalition (LILAC); county -wide citizen organization advocating
creation of new municipalities,
PROFESSIONAL ACTIVITIES
• Member' American Institute of Certified Planners (A.I.C.P.)
• Member, American Planning Association
• Instructor, University of Miami, School of Architecture and Planning (1987 - 1992)
• Member, Dade City /County Management Association
• Member Florida City and County Management Association
• Chairman Gold Coast Section, Florida A.P.A. (1987 -88)
• National Director, APA, Historic Preservation Division (1980 -1981)
• Local Host Committee Chair, A.P.A. National Conference (1980)
• President, Ohio Chapter, American Planning; Association (1978 - 1980)
—f `?,'Z,t ,'�'„ . , ;T'��=�r... ''" 3-3 -, ter„ z . • _ .,. ., ..z' h; . ,,,. . - ":- .+ a�. ,, ` -s^;, t '4+'� .,�, „- , s. `.;.'�''°'T5 ��.c...
CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 25, 2003
Cc: Sandy Youkilis, Acting City Manager
Hakeem Oshikoya`Finance Director
From: Earl G. Gallop, City Atl e: Resolution Approving Payment of
Attorneys' Fees and Costs to
Greenberg Traurig, P.A.
Subject: Approval of payment of $4,428.00 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 the order denying 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. I Ith
Cir. Ct. 2000).
Discussion: The NRA filed a motion for attorneys' 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 retained
outside counsel to defend against the motion. On September 24, 2002, the circuit court
entered its ruling denying the NBA's motion for attorneys' 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
lower court ruling. This invoice no. 996219 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 $4,428.00;
7
CHARGING $4,428:00 TO ACCOUNT NO. ` 1500- 514- 3450,
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 Florida Third District Court of Appeal from the
14
lower 'court's favorable order denying its motion for attorneys' 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
January 31, 2003,i in the amount of $4,428.00; and,
22
23
WHEREAS, the city attorney recommends payment of the attached invoice
24
as the amount of ifees 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 L The invoice for attorneys' fees and costs received from
30
Greenberg Traurig, P.A., in the total' amount of $4,428.00, is approved for
31
payment and charging the amount to account no. 1500 -514- 3450, Other
32
'Contractual Services.
33
34
Section 2,' This resolution shall take effect immediately upon approval:
35
i
i
I
Additions shown by underlining and deletions shown by ever- .
1
2
PASSED AND ADOPTED this
day of March, 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
20
21
22
23
24
25
\\Dell 6100 \Documents \0022\DAJ \16968.doc
26
27
28-
129
30
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33
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Page 2 of 2
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Greenberg Traurig, P.A. Req. No. 124
Date: February 25, 2003
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price `
Total
I
1
Other Contractual
1500 -514 -3450
$4,428.00
$4,428.00
Proper Request Against The
Services
Codes Charge
Sufficiency of Appropriation
TOTAL $4,428.00
Purchase 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
1: x S A T L A
Invoice No.:
996219
File No. :
60675.010100
Bill Date :
February 7, 2003
City of South Miami
c/o Earl G. Gallop, Esq.
3225 Aviation Avenue
Suite 301
Miami, Florida 33133 -4741
INVOIC
Re: South Miami adv. National Rifle Association
j,Q�u mires through lanua_ry 31,x:
Total Fees: $
4,416.00
Expenses:
Local Travel 6.90
Photocopy Charges 5.10
Total Expenses: $
12.00
Current Invoice: $
4,428.00
Previous Balance (see attached statement): $
1,442.90
Total Amount Due: %
- 5.870.90
EHS:VMM
Tax ID: 59- 1270754
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305 -579 -0500 FAX 305- 579 -0717
DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY
AMSTERDAM ATLANTA BOLA RATON BOSTON CHICAGO
ORLANDO 'PHILADELPHIA PHOENIX TALLAHASSEE TYSONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH
d
Invoice No.: 996219
File No. 60675.010100
Account Statement ;
D31c jnvnire # Fee -, Due Expenses Ore Other D Tntal Dn
01/13/03 986519 1,362.50 80.40 0.00 1,442.90
Totals: $ 1,362.50 $ 80.40 $ 0.00 $ 1,442.90
EHS:VMM
Tax ID: 59- 1270754
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305- 579 -0500 FAX 305- 579 -0717
AMSTERDAM ATLANTA BOCA RATON BOSTON CHICAGO: DENVER FORT LAUDERDALE LOS ANGELES MIAMI NEW YORK NEW JERSEY
ORLANDO PHILADELPHIA PHOENIX TALLAHASSEE MONS CORNER WASHINGTON, D.C. WEST PALM BEACH WILMINGTON ZURICH
Invoice No.:
996219
Page 1
` Re:
South Miami adv. National Rifle Association
Matter No.:
60675.010100
De.sCril2tion
DATE -
01/07/03
of Professional Servir
s R .nd .r .rl•
DF.SC:RTPTION
Preparation of record on appeal.
HC)TTRS
0.50
AMOUNT
67.50
TTMF,KF.F.PF.R
Joan B. Gray '
01/09/03
loan B. Gray -
Preparation of record on appeal.
0.40
54.00
01/15/03 `
Joan 13. Gray
Preparation of record on appeal.
1.90 '
256.50
01/16/03
Joan B. -Gray
Preparation of record on appeal.
0.80
108.00
01/17/03
Joan B. Gray
Preparation of record on appeal.
4.80
648.00
01/23/03
Elliot H. Scherker
Review appendix and record materials; legal
5.20
1560.00
research; review initial brief.
01/24/03
Elliot H Scherker
Begin drafting answer brief.
4.50
1350.00`
01/28/03
Joan B. Gray
Preparation of record on appeal.
1.20
162.00
01/31/03
Elliot H. Scherker
Work on answer brief.
0.70
210.00
Total Time-
20.00
Total Fee&
$ 4,416.00
-PT }. m�3'.` �C i�`.4. ': r^y ^'T i^^' '1i`'F, '":rxi "`; M -_2.R
CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 25, 2003
Cc: Sandy Youkilis, Acting City Manager
Hakeem Oshikoya, Finance Director
From: Earl G. Gallop, City Atto e: Cost Award
Nat'l Rifle Assoc. v. City of
South Miami, Case No. 00- 17530 -CA -09
(Fla. 11th Cir. Ct. 2000)
The trial court entered an award of costs in favor of the NRA in the above - captioned
action in the amount of $2,500. As the prevailing party, the NRA is entitled to authorized
costs under §57:041, Fla. Stat. The NRA requested an award of $5,516.81.. The award of
$2,500 is the amount to which we think the NRA is entitled.
I requested Mr. Oshikoya to prepare the necessary authorization to make payment.
Payment must be made by March 31, 2003.
Enclosure
4
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT, IN AND FOR `
COUNTY, FLORIDA
Case No.:"'""
i w j9
1 417 J All
.,F ORDER
THIS CAUSE having come onto be heard on Defendant' silPlaintiff" s
0.°
Motion "
and the Court having heard argument of counsel,
and being;otherwise advised
in the Premises, it is hereupon;
ORDERED AND ADJ.• .DEED that said Motion
be, and the same is hereby
' �,f", )i tfyri}. ,g ;.
9 ✓(: d.� ,., ,Y 1.+°`'L+''r
�
� .6".
DONE AND ORDERED in Chambers, at
r
Coun #y� Flori a.
this day of
Circuit Jud
Conformed Copy
Copies furnished:
12
FEB 2003
4 , p
Marc Schumacher
1
Circuit Court Judge
?<ti5.n. -fi9.1
4 SOUS
Or
H �
I:NGORPORATED
1927
{0R14
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: February 26, 2003
and City Commission
From: Sandy Youkilis Re: Agenda Item
City Manager Commission Meeting 03 /04/2003
Authorizing the purchase of software from
ACT Public Safety Corporation.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE
THE SUM NOT TO EXCEED $21,000 TO AOT PUBLIC SAFETY CORPORATION
FOR THE FINANCE DEPARTMENT. FUNDS TO BE DISBURSED FROM
ACCOUNT NUMBER 001 - 0000.354.1000. AOT PUBLIC SAFETY CORPORATION
WILL PROVIDE SUPPORT SERVICES FOR THIS PROJECT.
BACKGROUND & ANALYSIS
This section will describe the process and criteria which a vendor was selected to provide
the City of South Miami a false alarm tracking system. In October of 2002, the City Commission
enacted the amendment to the Burglary/Alarm Permit and False Alarm Billing Ordinance. This
ordinance requires home and business burglary alarm systems to register with the city. The city
will issue a permit number to those that are registered. The other issues of the ordinance would
include the fine scheduled per false alarm and the creation of an appeal process:
In response to the ordinance the current system of tracking, recording and storing
information of false alarm is inadequate. In order for Wiener Chalvire to update and track the
alarm permits, a search was conducted to purchase a new false alarm tracking system. An
extensive search was conducted to purchase an alarm tracking system that would meet the criteria
based on the Burglary Alarm system. Five companies posted a response to the request; USA
Software Inc., HTE Inc., AOT Public Safety, Moose Rapids and New World Systems. Each of
the company was asked to demonstrate their respective products, features and information about
the company:
EVALUATION PROCESS
Once prospective companies responded to the request for proposal, each company was contacted
to demonstrate their product. ;During each demonstration companies were evaluated on key points
based on the requirements of the city ordinance. Each of these points is listed below.
• Security password to log into the database, to make modifications and to delete records.
• Network ,accessibility
• Fine schedule for registered and non registered permits.
• Permit information can be retrieved.
• Identify residential and commercial permits
• Post payments'
• Keep track of credits
• Over payments of fines and registration
• Import and export of information from Computer Aided Dispatch system.
• Billing letters and general custom letters
• User friendly entry view screen
• Support Availability
RECOMMENDATION
Based on the attached Evaluation of Software and Services Checklist AOT Public Safety
Corporation was selected. AOT Public Safety provided an application that would meet all
of the requirements of the Burglary and Robbery Alarm Ordinance. Their software
provided additional features such as mapping registration locations and crime analysis'
capabilities right from your desktop. The ability to create different registration fees for
each location type. Customized fields and codes within the application can be modified
with changes to the city's ordinance. This application can export and transfer from any
CAD system to software, cutting the time spent with repetitive data entry. AOT comes
highly recommended by all customers that were contacted. They are a fortune 500
company with experienced with local and county government contracts.
USA Software Inc. provides the current alarm tracking system as well as records
management for South Miami Police Department since 1988. The proposal which they
submitted will be the cost to modify the current software to meet the requirements of the
ordinance. Their cost will be the programming time spent making the modification. The
reasons for not selecting USA Software were their customer support, the ability to not set
a maximum amount for the modifications, and the possibility of USA Software not being
the Records management database vendor for the Police Department in the near future.
Since July of 2002, there is a standing support issue with USA Software's alarm billing
application. The support issues, to this day, have not been corrected. There are also
issues with other applications that are currently being used in the police
standing support ssu Y g P
g pp
Ap
department. USA Software provided a proposal with a cost estimate ofmaking 'the
,,,V.`,s °u 'F""+,. �:, -�, . .,'e: :e".. ,r. :. -°z""7. I,. v - ,. ,.,., , ,; :. a ;"�i^'r -r-;-.`�3r rr.,n;,- F-°„".;,,'"'Qr, ,",o-,.• ;;� l;' ..;Tt? ^f",�,T�. :T'� _ frrtF- .: "7 , s;�... ,.
modifications; however they could not provide us with a maximum cost cut off in
developing the application. USA Software has been the Police Department's records
vendor since 1988. Since that time, technology in law enforcement has improved. Due to
circumstances what may occur within the next two year, South Miami Police Department
is exploring the possibility of changing records vendors. This will also affect the alarm
billing application. These circumstances include the purchase of upcoming software
upgrade and the increase in annual support agreement.
HTE INC., currently provide the City of South Miami with financial and government
software. Finance, Code Enforcement, and Planning are some of the departments that are
currently using HTE software. HTE was not selected based on the scope of their proposed
project. Their project would require the Police Department to change records management
and mobile vendor. At this current time, that change could not be a possibility.
New World Systems was another vendor which provided a quote. New World System
provides a complete records management system which includes CAD, Mobile units, and
records management including alarm billing. Their product meets all the requirements of
the city ordinance and the requirements of the evaluation. However, they were not
selected based on the cost involved in they're proposal.
Moose Rapid Technologies provides an alarm tracking system. They provide similar
software to AOT Public Safety. They were not selected based on Moose Rapids is a small
newly started company which is located in Canada. They have very few installations in the
United States. The software does provide some of the requirements of the city ordinance.
However, it has limited amount of correspondence, and limited in the expandability of the
software:
Anaehments:
Attached to this memo are copies of all proposals which were evaluated.
Funding for this project will come from the following source:
Account Number 001- 0000.354.1000
Current Balance
Purchase Amount
New Balance
RECOMMENDATION
Approval is recommended.
1 RESOLUTION NO,
2'
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, `FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO DISBURSE THE SUM NOT TO EXCEED $21,000,00'
6 FROM - ACCOUNT NUMBER 001 - 0000.354.1000 TO AOT PUBLIC
7 SAFETY CORPORATION, FOR THE PURCHASE OF THEIR FALSE
8 ALARM TRACKING SYSTEM FOR THE FINANCE DEPARTMENT,
9 WITH $14,000 TO BE PAID FROM THIS FISCAL YEAR'S BUDGET
10 AND THE REMAINING $7,000 TO BE °`PAID FROM NEXT YEAR'S
11 BUDGET.
12
13 WHEREAS, a request for proposal was issued which five (5) companies answered; they
14 were New World Systems, HTE Inc., USA Software Inc., Moose Rapids, and AOT Public
15 Safety; and
16
17 WHEREAS, an extensive search has revealed that the most cost effective, productive plan
18 is to utilize AOT Public Safety Corporation to provide the necessary software and technical
19 support for the project and
20
21 WHEREAS, AOT Public Safety is the manufacture and distributor of the False Alarm and
22 billing software ;product called Cry Wolf. A proprietary product designed to assist false alarm
23 managers and planners' in government agencies and industry in accessing information relevant to
24 false alarms; and
25
26 WHEREAS, Cry Wolf will be used to accurately track and maintain information related to
27 burglary alarm systems; alarm permit; and
28
29 WHEREAS, City of South Miami` agrees to purchase the Cry Wolf software based on the
30 payment plan available in the proposal:
31
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
34 COMNIIS;SION OF THE CITY OF SOUTH MIAMI, FLORIDA:
35
36 Section 1. The City Manager is authorized to disburse a sum not to exceed the
37 amount of $21,000.00 to AOT Public Safety Corporation from account
38 number 001-0000-354.1000 in accordance with the attached payment
39 terms.
40
41
42
43
44
45
46
47
48
49'
7 ATTEST: APPROVED:
8
9
10
11 CITY CLERK MAYOR
12
13 COMMISSION VOTE:
14 READ AND APPROVED AS TO FORM: Mayor Feliu:
15 Vice Mayor Russell;
16 Commissioner Bethel:
17 Commissioner Wiscombe:
18 Commissioner McCrea:
19 CITY ATTORNEY
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AOT;Public Safety Corporation
103 Paul Mellon Court
Waldorf, Maryland 20602
Toll Free: 1- 877- SAY -WOLF
www.crywolf.us
ANNUAL END USER SOFTWARE LICENSE A AGREEMENT
This Agreement between AOT Public Safety Corporation (PSC), located at 103
Paul Mellon Court, Waldorf, Maryland 20602; and, the City of South Miami (End
User) with its principal place of business at 6130 Sunset Drive, South Miami, Florida
33143.
WHEREAS, PSC has created and markets a software proprietary product called
CryWolf ', (also referred to as "Software "), an integrated suite of software applications
operating in a GIS -based environment, designed to assist false alarm reduction managers
and planners in government agencies and industry in accessing information relevant to
false alarms; and,
WHEREAS, the Software has been developed at PSC's private expense for the
commercial marketplace and is not in the public domain; and,
WHEREAS, the End User desires to obtain a non - transferable, non = exclusive
license to use CryWolf
NOW, THEREFORE, the parties agree as follows:
1. Scope of License. The End User is hereby licensed annually, for so long as the
End User continues this Annual End User Software License and Maintenance
Agreement (Agreement), to use PSC Software on the End User's single system,
network, or, multiple independent systems, as stated in Schedule A Provided
Software Licenses.
2. Implementation Services to End User. Training, installation and other
implementation services are to be provided, as stated in Schedule B - Provided
Services.
3. Payment. The End User shall pay PSC for license(s) and any services
described, as stated in Schedule C - Payment Terms,
4. Technical Support. PSC shall provide End Users with technical support by
telephone, electronically, and by publication for no additional fee as part of this
facilitate `its technical su support.
webs
ite to
Agreement: PSC, maintains a pp
5. Upgrades. The End User and PSC may execute upgrade agreements in
conjunction with this Agreement or at a later time. The license for use of any
upgrades to the Software or its documentation supplied through such agreements
shall be covered by the terms of this Agreement.
Last Revised: 01/27/00
South Miami CryWolf EndUser License Revisedl
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
2
6.
Annual Software License and Maintenance Renewal. Six months after
software installation, the End User shall have the option to continue the
Agreement with PSC exclusively. The annual fee for continuing this software
license and maintenance shall be $3,0:00.00 for the first annual period, which is
20% of the prevailing end user software license fee, plus 20% of any software
modification costs, and shall be paid directly to PSC. After the first annual period,
the annual fee shall not be increased by more than ten (10 %) percent from year to
year.
7.
Not for Commercial Use or Resale. Use of the Software is limited to use by the
End User. The End User may not use this Software for commercial purposes. The
End User may not resell, or otherwise transfer for value, the Software.
8.
Removal, Transfer, or Modification of Software. The End User shall keep all
copies of the Software at the actual site(s) of installation and in no other place
(except that one back -up copy may be kept at the End User's usual location for
keeping computer data back -ups). The End User shall not remove the Software
outside the United States. The End User shall not modify nor authorize
modification of the Software in any manner without express written permission of
PSC.
9.
Reproduction and Copyright. The Software is protected under the Copyright
and Patent laws of the United States, and as extended by treaty, Canada. The End
User may not copy, or allow anyone else to copy or otherwise reproduce, any part
of the Software without prior written consent of PSC, except to store and /or install
a copy of the Software on a storage device, such as a network server, used only to
run the Software on other computers over an internal network. The Software
must be copied as a whole and each copy must include this Agreement. All other
copying is prohibited.
10.
Limitations on Reverse Engineering, Decompilation and Disassembly. The
End User may not reverse engineer, decompile, or disassemble the Software.
11.
Separation of Components. The Software is licensed as a single product. Its
component parts may not be separated.
12.
Notices of Intellectual Property Rights. The End User shall assure that ,PSC' s
notices of intellectual property (e.g., patent, trademark, and copyright notices), if
any, shall remain visible on the Software when displayed electronically or when
output created by it is printed out.
13.
Warranty and Disclaimer. The Software will perform substantially in
accordance with its accompanying documentation, and the functional description
February 26, 2003 Version
AOT Public Safety Corporation
Annual' End -User Software License and Maintenance Agreement
Page
3
of features in PSC's marketing literature. PSC agrees to correct or replace, at its
own expense, any software that does not conform to this documentation or
description of features. As to the Software and its documentation, ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS OF USE FOR A
PARTICULAR PURPOSE, EXPRESS OR IMPLIED, EXCEPT FOR THOSE
CONTAINED IN THIS AGREEMENT, ARE DISCLAIMED AND WAIVED
BY PSC.
The Software is licensed "as is" and PSC does not guarantee that the Software
will meet'all requirements" of the End User's business or all requirements of the
Software with which it interacts. PSC' shall not be responsible for any damages,
-consequential or otherwise, that the End User or its employees or agents in the use
of the Software may suffer. (Such damages shall include but not be limited to lost
profits, lost sales, all actions lying in tort, prima facie tort, or any other cause of
action arising out of the use or performance of the Software.)
1.4. Termination. The software license shall terminate immediately if the End
User does not comply with any term of this Agreement, including but not limited
to, nonpayment of license and' maintenance fees, nonpayment of other contracted
for services; removal of the Software to other locations, unauthorized copying of
the Software, or modifying the Software in any manner. The End User may
terminate this license at ,any time by so indicating in writing to PSC.
15. Return/Destruction of Software. Upon termination, this license shall cease;
all copies of the Software and documentation shall be returned to PSC or
destroyed, at PSC's option. Any use of the Software after termination is not
authorized by PSC and shall be considered by PSC to be infringement of its
intellectual property rights.
16. Protection of PSC Trade Secrets and Intellectual Property. Except as
directed by PSC and permitted' under this Agreement, the End User shall not at
any time during or after the term of this Agreement allow the copying of the
Software or its documentation by any person, or permit any other person to
authorize copying or make copies of the Software, its documentation, or any part
ofit. The End User shall not decompile, reverse engineer, or disassemble the
Software. Only the End User' s employees or agents understanding the basic
terms of this license and who are aware of PSC's ownership of the Software shall
have access to any facility for copying the Software or decompiling,
disassembling, or modifying it. PSC hereby grants the right to the End User to
copy the licensed Software as necessary to its hard disks or other such storage
medium to efficiently operate the Software on the End User's single -user system,
multiple -user system, or network, as authorized by this Agreement.
February 26, 2003 Version
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
4
17.
Audits. PSC may make reasonable examinations of the End User's computer
installations to ascertain that the End User is complying with the limitations upon
copying stated in this Agreement. If such an examination shows any non -
compliance, PSC may terminate this Agreement, and the End User shall pay all
expenses of such examination.
18.
Injunctive; Relief. The misuse, copying, or disclosure of the Software will give
rise to irreparable injury to PSC, and leave PSC inadequately compensated in
damages. Accordingly, PSC may seek and obtain .injunctive relief against the End
User's breach or threatened breach, in addition to any other legal remedies, such
as suit for copyright infringement, which may be available. The End User further
acknowledges and agrees that these covenants are necessary for the protection of
PSC's legitimate business interests and are reasonable in scope and content.
19.
Related Software. This Agreement may be executed concurrently: along with
an agreement with other; software companies that cover certain application
software that works with the Software. The End User acknowledges that the other
software companies and PSC are each responsible for different functions and that
there are no representations or agreements regarding the Software other than those
contained in this Agreement.
20.
Governing Law. The laws of the State of Maryland, United States shall govern
this Agreement.
21.
Assignments, Transfers. This Agreement, the rights, duties, and obligations in
this license, or the Software and its documentation may not be assigned or
transferred by the End User.
22.
Notices. Notices to parties shall be at the addresses stated above.
23.
Consent to Jurisdiction, Venue, and Service. All legal proceedings relating to
the subject matter of this Agreement: shall be maintained in courts sitting within
the State of Maryland, United States. The End User consents and agrees that
jurisdiction and venue for such proceedings shall lie exclusively with such courts.
Service o: f process in any such proceeding may be made by certified mail, return
receipt requested, addressed to the party where it is to receive notice.
24.
Severability. If any provision of this Agreement is held invalid or otherwise
unenforceable, the enforceability of the remaining provisions shall not be
impaired
25.
No Waiver. The failure by any party to exercise any right stated in this
Agreement shall not be deemed a waiver of the right.
February 26, 2003 Version
.. _max
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
5
26. Complete Agreement.' This Agreement sets forth the entire understanding of the
parties as to its subject matter and may not be modified except by further written
agreement:
WHEREAS, the parties have executed this Agreement on the dates indicated
below.
AOT Public Safety Corporation
By:
[Authorized Signing Officer]
[Name and Title — 'please print]
Date:
City of South Miami, Florida
By:
[Authorized Signing Officer]
[Name and Title please print]
Date:`
February 26, 2003 Version
s,+r..: w
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
6
SCHEDULE A PROVIDED SOFTWARE LICENSES
One (1) Full CryWolfTM License - License provides full time use on one Personal
Computer Workstation, including telephone support (M -F, 9am — 5pm, EST, excluding
holidays) and standard software updates
Initial License Fee (covers six months after installation)
Full CryWolem License $15,000.00
Annual Fee, after initial six months (20 %),
(Due 6 months after installation and annually
thereafter)
First Year Annual License
And Maintenance Fee (includes
Software upgrades) $ 3,000.00
i
NOTES:
Above prices exclude any applicable` sales taxes.
These prices do not include Microsoft Access, SQL Server, Oracle
or other database licenses. The City of South Miami shall provide
such licenses, as needed.
These prices are firm until March 7, 2003.
February 26, 2003 Version
7�1 97
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
7
SCHEDULE B — PROVIDED SERVICES
Installation and Training Services
Installation Preparation (off- -site, includes initial development and testing of
Alarm File /CAD interface, via ASCII text file, and software installation
assistance)
On -site Software Installation and Test (includes Alarm File interface
installation, testing and modification, if necessary). Best efforts will be
made to complete this task within 60 days of PSC receipt of South Miami
Purchase Order:
On -site Training (Administrative Training and Operator Training). Best efforts
will be made to complete this task within 60 days of PSC receipt of South Miami
Purchase Order.
Off -site Go Live Assistance
Installation' and Training Services
Total Installation & Training Cost $ 4,400.00
Travel Expenses 1,600.00
Total Services and Expenses $ 6,000.00
NOTES: The above prices exclude any applicable sales taxes.
These prices are firm until March 7, 2003.
February 26, 2003 Version
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AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
8
SCHEDULE C - PAYMENT TERMS
Invoices will be submitted to the City of South Miami in accordance with the following
schedule:
Order Amount
Upon receipt of the order (1/3) $ 7,000.00
At July 1, 2003 (After Software Installation, Training,
Alarm Data Interface Installation and Testing Services (1/3) 7,000.00
At October 1, 2003 (1/3) T000.00
Total Initial Project Investment $ 21,000.00
First Year Annual License & Maintenance Fee
(Begins 6 month's after software installation,
estimated to be on or about November 10, 2003) $ 3,000.00
NOTES::
All invoices will be due and payable within.30 days (net 30 terms). Late payments are
subject to a 2% monthly fee.
Above prices exclude any applicable sales taxes.
February 26, 2003 Version
.,;-,,,. ,�s�;;; ,,f"3,a-�,^s�^mes3r ,,•��'"
„.
AOT Public Safety Corporation
103 Paul Mellon Court
Waldorf, Maryland 20602
Toll Free: 1- 877- SAY -WOLF
www.crywolf.us
ANNUAL END USER SoyrwARE LICENSE AND MAINTENANCE AGREEMENT
This Agreement between AOT Public Safety Corporation (PSC), located; at 103
Paul Mellon Court, Waldorf, Maryland 20602; and, the City of South Miami (End
User) with its principal place of business at 6130 Sunset Drive, South Miami, Florida
33143.
WHEREAS, PSC has created and markets' a software proprietary product called
CryWolf', (also referred to as "Software "), an integrated suite of software applications
operating in a GtS- based environment, designed to assist false alarm reduction managers
and planners in government agencies and industry in accessing information relevant to
false alarms; and,
WHEREAS, the Software has been developed at PSC's private expense for the
commercial marketplace and is not in the public domain; and,
WHEREAS, the End User desires to obtain a non- transferable, non - exclusive
license to use CryWolf.
NOW, THEREFORE, the parties agree as follows:
1. Scope of License. The End User is hereby licensed annually, for so long as the
End User continues this Annual End User Software License and Maintenance
Agreement (Agreement), to use PSC Software on the End User's single system,
network, or multiple independent systems, as stated in Schedule A - Provided
Software Licenses.
2. Implementation Services to End User. Training, installation and other
implementation services are to be provided, as stated in Schedule B Provided
Services:
3. Payment. The End User shall pay PSC for license(s) =and any services
described, as stated in Schedule C Payment Terms.'
4. Technical; Support. PSC shall provide End Users with technical support by
telephone, electronically, and by publication for no additional fee as part of this
Agreement. PSC maintains a website to facilitate its technical support.
5. Upgrades. The End User and PSC may execute upgrade agreements in
conjunction with this Agreement or at a later time. The license for use of any
upgrades to the Software or its documentation supplied through such agreements
shall be covered by the terms of this Agreement.
Last Revised: 01/27/00
South Miami CryWolf EndUser License Revisedi
7 .,
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
2
6.
Annual Software License and Maintenance Renewal. Six months after
software installation, the End User shall have the option to continue the
Agreement with PSC exclusively. The annual fee for continuing this software
license and maintenance shall be $3,000.00 for the first annual period, which is
20% of the prevailing end user software license fee, plus 20% of any software
modification costs, and shall be paid directly to PSC. After the first annual period,
the annual fee shall not be increased by more than ten (10 %) percent from year to
year;
7.
Not for Commercial Use or Resale. Use of the Software is limited to use by the
End User, The End User may not use this Software for commercial purposes. The
End User may not resell, or otherwise transfer for value, the Software.
8.
Removal,. Transfer, or Modification of Software. The End User shall keep all
copies of the Software at the actual site(s) of installation and in no other place
(except that one back -up copy may be kept at the End User's usual location for
keeping computer data back -ups). The End User shall not remove the Software
outside the United States, The :End User shall not modify nor authorize
modification of the Software in any manner without express written permission of
PSC:
9.
Reproduction and Copyright. The Software is protected under the Copyright
and Patent laws of the United States, and as extended by treaty; Canada. The End
User may not copy, or allow anyone else to copy or otherwise' reproduce, any part
of the Software without prior written consent of PSC, except to store '`and/or install
a copy of the Software on a storage device, such as a network server, used only to
run the Software on other computers over an internal network. The Software
must be copied as a whole and each copy must include this Agreement. All other
copying is prohibited.
10.
Limitations on Reverse Engineering, Decompilation and Disassembly. The
End User may not reverse engineer, decompile, or disassemble the Software. _
11.
Separation of Components. The Software is licensed as a single product. Its
component parts may not be separated.
12.
Notices of Intellectual Property Rights. The End User shall assure that PSC' s
notices of intellectual property (e.g., patent, trademark, and copyright notices), if
any, shall remain visible on the Software when displayed electronically or when
output created by it is printed out.
13.
Warranty and Disclaimer. The Software will perform substantially in
accordance with its accompanying documentation, and the functional description
February 26, 2003 Version
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AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
3
of features in PSC's marketing; literature. PSC agrees to correct or replace, at its
own expense, any software that does not conform to this documentation or
description of features. As to the Software and its documentation, ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS OF USE FOR A
PARTICULAR PURPOSE, EXPRESS OR IMPLIED, EXCEPT FOR THOSE
CONTAINED IN THIS AGREEMENT, ARE DISCLAIMED AND WAIVED
J BY PSC.
The Software is licensed "as is" and PSC does not guarantee that the Software
will meet 'all requirements" of the End User's business or all requirements of the
Software with which it interacts. PSC shall not be responsible for any damages,
consequential or otherwise, that the End User or its employees or agents in the use
of the Software may suffer. (Such damages shall include but not be limited to lost
profits, lost sales, all actions lying in tort, prima facie tort, or any other cause of
action arising out of the use or performance of the Software.)
14. Termination. The software license shall terminate immediately if the End'
User :does not comply with any term of this Agreement, including but not limited
to, nonpayment of license and maintenance fees, nonpayment of other contracted
for services, removal of the Software to other locations, unauthorized copying of
the Software, or modifying the Software in any manner. The End User may
terminate this license at any time by so indicating in writing to PSC.
15. Return/Destruction of Software. Upon termination, this license shall cease;
all copies of the Software and documentation shall be returned to PSC or
destroyed, at PSC's option. Any use of the Software after termination is not
authorized by PSC and shall be considered by PSC to be infringement of its
intellectual property rights.
16. Protection of PSC Trade Secrets and Intellectual Property. Except as
directed by PSC and permitted under this Agreement, the End User shall not at
any time during or after the term of this Agreement allow the copying of the
Software or its documentation by any person, or permit any other person to
authorize copying or make copies of the Software, its documentation, or any part
The End User shall not decom le reverse engineer, or disassemble the
of it. e p g ,
Software. Only the End User' s employees or agents understanding the basic
terms of this license and who are aware of PSC's ownership of the Software shall
have'access to any facility for copying the Software or decompiling,
disassembling, or modifying it. PSC hereby grants the right to the End User to
II.
copy the licensed Software as necessary to its hard disks or other such storage
medium to efficiently operate the Software on the End User's single -user system,
multiple -user system, or network, as `authorized by this Agreement.
i
February 26, 2003 Version
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
4
17. A
Audits. PSC may make reasonable examinations of the End User's computer
installations to ascertain that the End User is complying with the limitations' upon
copying stated in this Agreement. If such an examination shows any non-
compliance, PSC may terminate this Agreement, and the End User shall pay all
expenses of such examination.
18. I
Injunctive Relief. The "misuse, copying, or disclosure of the Software will give
rise to irreparable injury to PSC, and leave PSC inadequately compensated in
damages. Accordingly, PSC may seek and obtain injunctive relief against the End
User's breach or threatened breach, in addition to any other legal remedies, such
as suit for copyright infringement, which may be available. The End User further
acknowledges and agrees that these covenants are necessary for the protection of
PSC's legitimate business interests and are reasonable in scope and content.
19. R
Related Software. This Agreement may be executed concurrently along with
an agreement with other software companies that cover certain application
software that works with the Software. The End User acknowledges that the other
software companies and PSC are each responsible for different functions and that
there are no representations or agreements regarding the Software other than those
contained in this Agreement.
20. G
Governing Law. The laws of the State of Maryland, United States shall govern
this Agreement.
21. A
Assignments, Transfers. This Agreement, the rights, duties, and obligations in
this license, or the Software and its documentation may not be assigned or
transferred by the End User.
22. N
Notices. Notices to parties shall be at the addresses stated above.
23. C
Consent to Jurisdiction, Venue, and Service. All legal proceedings relating to
the subject matter of this Agreement shall be maintained in courts sitting within
the State of Maryland, United States. The End User consents and agrees that
jurisdiction and venue for such proceedings shall lie exclusively with such courts.
Service of process in any such proceeding may be made by certified mail, return
receipt requested, addressed to the party where it is to receive notice.
24. S
Severability. If any provision of this Agreement is held invalid or otherwise
unenforceable, the enforceability of the remaining provisions shall not be
impaired
25,. N
No Waiver. The failure by any party to exercise any right stated in this
Agreement shall not be deemed a waiver of the right.
February 26, 2003 Version -
.w7; r ,
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
5
26. Complete Agreement. - This Agreement sets forth the entire understanding of the
parties as to its subject matter and may not be modified except by further written
agreement.
WHEREAS, the parties have executed this Agreement on the dates indicated
below.
AOT Public Safety Corporation
By:
[Authorized Signing Officer]
[Name and Title — please print]
Date:
City of South Miami, Florida
By:
[Authorized Signing Officer]'
[Name and Title - please print]
Date:
February 26, 2003 Version
uww
m
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement"
Page
6
SCHEDULE A PROVIDED SOFTWARE LICENSES
One (1) Full CryWolem License License provides full time use on one Personal
Computer Workstation, including telephone' support (M -F, 9am — 5pm, EST, excluding
holidays) and standard software updates
Initial License Fee (covers six months after installation)
Full CryWolf" License $15,000.00
Annual Fee, after initial six months (20 %)
(Due 6 months after installation and annually
thereafter)
First Year Annual License
And Maintenance Fee (includes
Software upgrades) $ 3,000.00
NOTES:
Above prices exclude any applicable sales taxes.
These prices do not include Microsoft Access, SQL Server, Oracle
or other database licenses. The City of South Miami shall provide
such licenses, as needed.
These prices are firm until March 7,'2003.
February 26, 2003 Version
AOT Public Safety Corporation
Annual End User Software License and Maintenance Agreement
Page
7
SCHEDULE B — PROVIDED SERVICES
Installation and Training Services
Installation Preparation (off -site, includes initial development and testing of
Alarm File /CAD interface, via ASCII text file, and software installation
assistance)
On site Software Installation and Test (includes Alarm File interface
installation, testing and modification, if necessary). Best efforts will be
made to complete this task within 60 days ofPSC receipt of South Miami
Purchase Order.
On -site Training (Administrative Training and Operator Training). Best efforts
will be made to complete this task within 60 days, of PSC receipt of South Miami
Purchase Order.
Off -site Go Live Assistance
Installation: and Training Services
Total Installation & Training Cost $ 4,400.00
Travel Expenses 1.,600.00
Total Services and Expenses $ 6,000.00
NOTES: The above prices exclude any applicable sales taxes.
These prices are firm until' March 7, 2003.
February 26, 2003 Version
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AOT Public Safety Corporation
Annual End User Software License and Maintenance, Agreement
Page
SCHEDULE C - PAYMENT TERMS
Invoices will be submitted to the City of South Miami in accordance with the following
schedule:
Order Amount
Upon receipt of the order (1/3) $ 7,000.00
At July 1, 2003 (After Software Installation, Training,
Alarm Data Interface Installation and Testing Services (1/3) 7,000;00
At October 1, 2003 (1/3) 7,000.00
Total Initial Project Investment $ 21,000.00
First Year Annual License & Maintenance Fee
(Begins 6 months after software installation,
estimated to be on or about November 10, 2003) $ 3,000,00
NOTES:
All invoices will be due and payable within 30 days (net 30 terms). Late payments are
subject to a 2% monthly fee.
i
Above prices exclude any applicable sales taxes.
February 26, 2003 Version
so u ry CITY OF SOUTH MIAMI South Miami
Excellence, Integrity, Inclusion
INCORPORATED
•� 1927-
LORIpA 2001
TO; Honorable Mayor, Vice Mayor DATE: February 27, 2003
City Commission
FROM: Sanford A. Youkilis ITEM No.
Acting City Manager RE: Authorizing the City Manager to
e�+ execute agreement with City of Coral Gables for the
use of their garbage trucks on as needed basis.
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 THE CITY OF CORAL GABLES FOR THE USE OF THEIR
GARBAGE TRUCKS ON AS NEEDED BASIS FOR PERIOD OF AT
A COST OF $10.00 TO THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE
DATE
BACKGROUND & ANALYSIS
As previously indicated during the last budget revision process, the Public Works Department is
in need of a spear garbage truck to properly provide services to the residents. Currently, the City
has 3 garbage trucks but only 2 are operational. The third truck is damage beyond repair (not cost
effective to repair).
As a result, the Public Works Director contacted neighboring cities for assistance to use their
trucks on an as needed basis. The City of Coral Gables agreed to allow the City to use there
trucks in exchange for the attached agreement that:
❑ The City will maintain, fix and repair the vehicle to its present condition and return the same.
❑ The City of Coral Gables shall be named as additional insured on all insurance polices
purchased for the purpose of this agreement:
Li The City shall pay the sum of $10.00 for the total period agreed to by both parties.
Our Public Works Department is ready to take advantage of this agreement as soon as the
agreement is executed. Thus allowing staff to provide much needed maintenance to the two
trucks currently operating.
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Page 2 of 2
Comm. Mtg. Agenda
Feb. 27, 2003
RECOMMENDATION
It is recommended that the City Commission authorize ' the City Manager to execute the
agreement.
Attachments:
• Proposed Resolution
• Agreement with City of Coral Gables
SAY/RL (WAB)
1
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
5 MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE
6 AGREEMENT WITH THE CITY OF CORAL GABLES FOR THE USE OF THEIR GARBAGE'
7 TRUCKS ON AS NEEDED BASIS FOR A PERIOD OF AT A COST OF $10.00
8 TO THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE
9
10 WHEREAS, the Mayor and City Commission agree to use the City of Coral Gables' Garbage Trucks
11 to provide garbage collection services to the City of South Miami residents; and,
12
13 WHEREAS, the agreement is intended for a period in exchange for an agreement
14 to maintain, fix and repair the vehicle to its present condition; and,
15
16 WHEREAS, the City of South Miami shall hold harmless the City of Coral Gables, its employees, the
17 administration and members of the City Commission against all suits, actions, claims costs or demands to
18 which the City of Coral Gables, its employees or commission may be subject and,
19
20 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF
21 SOUTH MIAMI, FLORIDA:
22
23 Section 1: That the Mayor and City Commission authorize the City Manager to execute the
24 agreement to use the City of Coral Gables vehicles.
25
26 Section 2: The term shall be for a period of and shall pay the City of Coral
27 Gables the sum of $10.00 (Ten Dollars).
28
29 Section 3 The City of Coral Gables shall be named as additional insured on all insurance
30 polices purchased or obtained for the purpose of this agreement.
31
32 Section 4 The attached agreement with the City of Coral Gables is made a part the
33 resolution.
34
35 PASSED AND ADOPTED this 0' day of March 2003.
36
37 APPROVED: ATTEST:
38
39
40 Ronetta Taylor, City Clerk Horace G.'Feliu, Mayor
41
42
43 READ AND APPROVED AS TO FORM: Commission Vote:
44 Mayor Feliu:
45 Vice Mayor Russell:
46 Commissioner Bethel:
47 CITY ATTORNEY Commissioner Wiscombe:
48 Commissioner McCrea:
AGREEMENT FOR USE OF CITY OF CORAL GABLES VEHICLE
This Agreement made as of the day of , 200_, by and between
the City of Coral Gables, a Florida Munipical Corporation; ( "Coral Gables ") and the City of
South Miami ( "South Miami "), A Municipal Corporation.
RECITALS
WHEREAS, Coral Gables is the owner of a
described as:
Vehicle Manufacturing year
Vehicle Description ,
Vehicle VIN
Vehicle short Title:
Situated in the City of Coral Gables;
WHEREAS, South Miami has a need to use the and
WHEREAS, this agreement is intended to provide South Miami the use of the
for a limited period of time in exchange for an agreement to
maintain, fix and repair the vehicle to its present condition, and to return same in the same
condition as it was provided to South Miami; and
FURTHER, to indemnify and hold harmless the City of Coral Gables, its employees, the
administration and members of the City Commission against all suits, actions, claims costs or
demands (including, without limitation, suits, actions, claims, costs, or demands resulting from
death, personal injury and property damage) to which the City of Coral Gables, its employees or
Commission may be subject or part of by reason of damage or injury (including death) to the
property or person of anyone, arising or resulting in whole or in part, as a result of any acts or
omissions on the part of South Miami during its use, storage, or placement of the subject
Inclusive in this indemnity agreement is the agreement to 'fully
indemnify Coral Gables from any claims or caused actions alleged to have been caused by the
City's acts or omissions and to obtain insurance which will provide the indemnity provision
provided herein; and
WHEREAS, South Miami has inspected the subject vehicle and has found it to be in
good working condition.
NOW THEREFORE, Coral Gables and South Miami hereby agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein as if repeated in
their entirety. This Agreement shall take precedence over and supercede any written or
oral agreement prior to the signing and execution of this agreement.
2. The term of the Agreement shall' be from the day of , 200_1 to the
day of , 200_1 inclusive, unless extended in writing by both
parties, and only upon additional evidence of insurance during the extended period of
time.
3. That in consideration of all terms and agreements herein, South Miami `shall pay Coral
Gables the sum of $10.00 (Ten Dollars).
4. That Coral Gables shall be named as additional insured on all insurance policies
purchased or obtained' for the purpose of this agreement. As between Coral Gables and
South Miami, any types or amounts of insurance obtained by South Miami for the
PM7RMPe g
purposes herein, South Miami shall not sever or limit South Miami's obligation to Coral.
Gables as provided in this agreement: To Wit,, to fully indemnify Coral Gables for South
Miami's use and/or operation of
5. South Miami shall only allow fully certified drivers, with valid, Florida, Class B
Commercial, Drivers' Licenses, who are employees of the City of South Miami, Fla.,'
drive the subject vehicle, referred to in this agreement.
South Miami shall supervise and direct the operations of it vehicle operators.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST: CITY OF SOUTH MIAMI
By: By:
Print Name: City Manager
Title: City Clerk
ATTEST: CITY OF CORAL GABLES
BY: BY:
City Clerk City Manager
Yolanda Aguilar David L. Brown
APPROVED AS TO FORM:
z t einandez,
e
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Sour A CITY OF SOUTH MIAMI South Miami
AlKinefleaft
-
Excellence, Integrity, Inclusion
INCORPORATES
1 927
�OR1p� 2001
TO: Honorable Mayor, Vice Mayor DATE: February 27, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No.
Acting City Manager RE: Authorizing the City Manager to
execute amendment #1 to agreement #C -13160
between the City of South Miami and South Florida
Water Management District for $750,000 grant.
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
GRANT AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR
DRAINAGE IMPROVEMENTS PROJECTS IN AN AMOUNT OF $750,000.00; PROVIDING
FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS
Following' our 2002 Legislative Appropriations request, the city was granted $750,000 for
drainage improvements within the City. The intent of the drainage improvement projects
approved under 'this funding is to provide adequate flood protection within out stormwater
system. Area considered for improvements include:
❑ Phase 2 of the North -end Drainage Improvement
❑ Citywide Drainage Improvements — 3 (Downtown Area)
Li Citywide Drainage Improvements - 4 (Example: 4800 Block SW 64th Court., SW 49' Street
& SW'49th Terrace)
South Florida Water Management District is schedule to manage and oversee the grant.
RECOMMENDATION
It is recommended that the City' Commission authorize the City Manager to execute the
agreement.
Attachments:
❑ Proposed Resolution
❑ Agreement with South Florida Water Management District Amendment
SAY /RL (WAB) -
.. 7. ^r.2.s�-grs+ >- ---fl,. -.. .r„m- A,.- e-.- ,- ,,-- •=,xs... "� .i^r -, ,mod,..:. '
z:
1
2 'RESOLUTION NO.
3,
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
6 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENT
7 WITH SOUTH FLORIDA`' WATER MANAGEMENT DISTRICT FOR DRAINAGE IMPROVEMENTS
8 PROJECTS IN AN AMOUNT OF $750,000.00; PROVIDING FOR AN EFFECTIVE DATE
9
10 WHEREAS, the Mayor and City Commission wishes to accept grant from South Florida Water
11 Management District (SFWMD) and,
12
13 WHEREAS, the agreement is intended to grant the city $750,000 grant for drainage improvements
14 within the city, thus increasing the current agreement with SFWMD to $2,150,000; and,
15
16 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF
17 SOUTH MIAMI, FLORIDA:
18
19 Section 1: That the Mayor and City Commission authorize the City Manager to execute a
20 $750,000 amendment to agreement number C- 13160 with SFWMD.`
21
22 Section 2: The attached agreement is made a part of the resolution.
23
24 PASSED AND ADOPTED this O day of March 2003.
25
26 APPROVED ATTEST:
27
28
29 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor
30
31
32 READ AND APPROVED AS TO FORM: Commission Vote:
33 Mayor Feliu:
34 Vice Mayor Russell:
35 Commissioner Bethel:
36 CITY ATTORNEY Commissioner Wiscombe:
37 Commissioner McCrea:
err era•; ,,.��, z.�t� �.,.. ., _�.�r,t -.. � , �m�,.^ w- E��; a;, �, .,�*�';r- ,`53t,*-�- fi'.�-?a"r.,t .r - .�,a '�,- �„�w,- .*;*tea:. t';�.. ^'�-;; ��¢'?i*�e�°v�-ss� -.,�.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
Amendment No. Olio Agreement No. C- 13160 -- Page 3 of 2
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EXHIBIT "Cl"
STATEMENT OF WORK
CITY OF SOUTH MIAMI
STORMWATER SYSTEM IMPROVEMENTS PLAN
10 INTRODUCTION
The City of South Miami's (CITY) Stormwater System Improvement Plan is funded by the 2002
legislature General Appropriation Act funds from the Florida Department of Environmental Protection
(FDEP) through Special Appropriation 1747A to support the development of Local (Flood) Mitigation
Strategies (LMS) in Miami -Dade County. These funds are administered through the South Florida
Water Management District (DISTRICT) and dispersed and managed at the local level.
The project plan will update and implement the recommendations of the City's Stormwater
Comprehensive Plan by:
1. The retrofit of existing positive drainage system
2. Citywide stormwater systems improvement.
3. Construction of new drainage system in an effort to meet the flood protection
responsibilities.
The CITY's Improvement program and Comprehensive Plan that establish these needs was completed
in 1997. 'A plan that focused on developing a comprehensive plan consistent with the requirements of
both the Stormwater Management Program (SWMP) and the Stormwater Utility Program (SUP).
The SWMP is a requirement of Environmental Protection Agency's National Pollution Elimination
Discharge System (NPDES) program. This program's primary concern is water quality and is aimed
to reduce pollutants in discharges to surface waters. The SUP is a requirement of the provisions of
Section 403.0893(1) of the Florida Statues. This program is intended to serve as a means by which
local governments and municipalities can meet their environmental and flood protection
responsibilities.'
With this effort of planning and implementation, a comprehensive approach to stormwater
management will evolve. Thus preventing flooding problems and help to maintain or improve water
quality.
2.0 OBJECTIVE
The overall project objective is to develop; a citywide Stormwater Management Plan (Plan) that will
guide development and ensure adequate flood protection within the stormwater system. The Plan will
provide for flood protection while developing ways to protect the area's natural resources and the
water quality of its streams.
Agreement C- 13160 -A01 Page l of 8
3.0 SCOPE OF WORK
The CITY will retain a consultant to provide the professional services needed to complete the
stormwater system improvement. The steps to be taken in the planning study and design, as applicable
per project, are set forth below. However, responsibility for carrying out all tasks under this Scope of
Work shall reside with the CITY.
• 1: Data Inventory
•.. 2: Design Criteria and Requirements.
.. 3: Water Quality
• 4: Survey and Area Testing
• 5: Proposed Drainage System Design
• 6: Pre- construction & Construction Activities.
The CITY's proposed surface water management plan would:
➢ Be compatible with the existing environmental system;
➢` Provide surface drainage and flood control that will meet the County's
standards /requirements;
➢' Maintain storage capacity in the stormwater system;
➢ Maintain flood profiles at or below existing levels;
➢' Meets water quality standards at discharge points;
➢ Pro'
rovide for the'maintenance of water quality.
These conditions will be met for current and proposed land uses as outlined in the CITY
Comprehensive Plan.
4.0 WORK BREAKDOWN STRUCTURE
At the end of each task the CITY shall deliver 3 copies of the task deliverables to the DISTRICT. The ;
DISTRICT shall distribute the deliverables to FDEP for its information and use. The CITY shall also
provide a summary of the project including estimated cost to the DISTRICT upon completion, of
Sections 1 through 5 below. The DISTRICT shall distribute the project summary including estimated
cost to the designated coordinator for the Local Mitigation Strategies Group for its information and
use.
The program will be divided into the following six sections:
Section l: Data Inventory
1.1 Data Collection
1.1.1. Location and information for the primary structures, including structure size,
elevation, and capacity.
1.1.2. Location and information' for the secondary structures in the system, including;
structure size, elevation, and capacity.
1.1.3. Location of surface storage and recharge areas.
1.1.4. Location of wetland systems and flood prone areas.
Deliverable: Preparation of a report to include the information collected in Sections 1.1.1.
through 1.1.4.
Agreement C- 13160 -A01 Page 2 of 8
Section 2: Design Criteria and Requirements
2.1 Design Criteria
2.1.1. Basis for analysis for numbered drainage structure within the study area.
2.1.2. Categorization of each structure and drainage system as to its function (e.g., roadway,
flood control system) and assignment of the appropriate design criteria for design
analysis.
2.1.3. Runoff hydrographs for each system for the appropriate storm events:
• 10 -year / 72 -hour storm event for secondary drainage systems,
• 10 -year / 72 -hour storm event for primary systems and retention / detention facilities,
• 25 -year / 24 -hour storm event for certain roads - and bridges whose 'criteria' is the 25
year event (identified in County Comprehensive Plan), ;
• 25 -year / 24 -hour storm event for flood plain analysis,
• 50 -year / 24 -hour storm event for certain roads and bridges whose criteria is the 50-
year event (identified in County Comprehensive Plan), and
• 100 -year / 24 -hour storm event for flood plain analysis:
2.2 Requirements for Engineering
2.2.1 Easement Requirements.
2.2.2. Location of surface` storage areas. If the wetland 'areas are identified as surface
storage areas, the following information will be supplied:
• Hydrological evaluation (very hydrologically stressed / impacted, moderately
hydrologically stressed' / impacted, hydrologically'normal, over inundated).
• Estimated' seasonal high water elevation, proposed seasonal high water, or design
high water elevation, and
• Jurisdiction by agency (preliminary aerial interpretation).
2.3 Stormwater
2.3.1. Identification of non - structural approaches to stormwater management that are appropriate
for this system.
2,4 Land development regulations that must be met in design for new construction,
Deliverables: Preparation of a report to include the work products of section 2.1 through 2.4
Section 3: Water Quality
3.1 Water Quality (Inventory.
3.1.1 To characterize existing water quality conditions in the system, especially those areas
that have known water quality problems. For known water quality problem areas,
descriptions of the history of conditions that lead to the problem(s).
3.1.2 Inventory, including type, 'size, location, and ownership of potential point and non-
point sources of pollution. This inventory should include untreated stormwater
outfalls, major industrial and commercial land uses, landfill, sites where toxic
materials are used or disposed and any other likely source of pollution.
3.1.3 Identification of discharge activities that are currently operating with a permit (specify
permit type), those that have a temporary operating permit, those that have no permit
and those that are in violation of their permit of that are presently violating other
affluent limits of water quality standards:
3.1.4 Identification of the location and visual description of water quality at any discharge
points from potential sources of pollution:'
Agreement C- 13160 -A01 Page 3 of 8
3.1.5 Identification of any areas that have been proposed for preservation for protection for
water quality purposes.
3.2 Recommendations for Quality / Quantity Control Systems for the system, including;
3.2.1 Retention ponds and conservation areas.
3.2.2 Pollution control devices:
• Sedimentation that will account for heavy metals as well as settle -able and
suspended solids.
• Low flow draw -down systems, or
• Plans and grass area that will absorb, filter, or decompose fecal material and most
nutrients,, and provided surfaces for filtering and eventual removal of solids,
organic litter and oils and greases.
3.3 Recommendations of location and rationale for region: al management system.
3.3.1 Density of development in the system with respect to existing and future land use mix:
Deliverable: Preparation of a report to include the work products of sections 3.1 through 3.3
Section 4: Survey & Area- Testing:
4.1 Survey & Testing:
4.01 Location 'Survey / Onsite data collection
4.02 Topographical Survey (Cross Section at 50 feet interval maximum)
4.03 Establish horizontal and vertical control (Bench Marks)
4.04 Survey Activities Coordination
4.05 Obtaining required centerline profiles to determine drainage areas
4.06 Performing required Auger Boring to a depth of 10 feet minimum.
4.07 Performing required Percolation Tests.
4,08 On -site utilities location and coordination.
Deliverable: Summary Report of all work included in Task 4.1
Section 5: Drainage System Design & Permitting:
5.1 Drainage System Design & Permitting:
5.01 Project "kick.,. -off' for study, analysis, data collection and coordination within the
CITY.
5.02 Drainage study and design, with engineering calculations to be performed.
5.03 Preparation of design plans for the Drainage System to include' roadway resurfacing.
5.04 Preparation of technical criteria and obtaining' permits from applicable regulatory
agencies with jurisdiction over the project.
5:05 Preparation of Construction Contract Agreement & Design Specification Document
(Project Manual).
Deliverable: Complete Plans and Project Manuals
Agreement C- 13160 -A01 Page 4 of 8
Section 6: Pre - construction & Construction Activities:
6.1 Pre- construction & Construction Activities:
6.01 Project's Construction Bidding process and selection of responsible bidder. <
6.02 Construction activities to conform with required regulations and standards.
Deliverable: Copies of construction contract(s) and construction project schedule(s), and
monthly construction` progress reports
Agreement C- 13160 -A01' Page 5 of 8
EXHIBIT "DI„
PAYMENT AND DELIVERABLES SCHEDULE
Total payment by the DISTRICT shall not exceed the amount of $750,000. Invoices may be
submitted no more frequently that quarterly to the DISTRICT and may address multiple tasks and
projects as identified below. All invoices shall be accompanied by adequate documentation to support
actual expenditures incurred by the CITY within the not -to- exceed amounts specified below in
accordance with Article 3.2 of the Agreement. Payment by the DISTRICT is further subject to receipt
of quarterly progress reports and financial statements from the CITY with documentation to
demonstrate completion of all deliverables for each project task in accordance with Exhibit "C"
Statement of Work requirements. The CITY is responsible for reviewing and approving deliverables
from the contractor to ensure that project objectives are met. The CITY is also responsible for project
management, budget management and quality control with the contractor.
Project No. 1— North -end Draina e Improvement - Phase 2
Task
Deliverable
*Due Date
* *District
Not-to-Exceed
Payment
Task 1: Data Inventory
Data Inventory Report
l month`'
N/A
Task 2: Design Criteria `&
Report' including design
2 months
N/A
Requirements
criteria & engineering
requirements
Task 3: Survey and
Report including results
3 months
N/A
Testing
of survey & testing
Task 4: Drainage System
Plans & Project Manuals
6 months
$40,500
Design
Task 5: Pre and
Construction contracts,
10 months
$209,500
Construction Activities
progress reports &
project schedule
Deliverables` and
pay requests for
this task are to be
submitted no more
frequently than on
a quarterly basis.
Total (North -end Drainage Improvement) Payments $ 250,000.00 * **
* All dates are referenced from the date of contract execution.
* *,The DISTRICT shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In the event actual expenditures by the CITY are less than the
not -to- exceed for a particular task, the CITY shall have the right to apply the unexpended balance
towards a'subsequent task. The CITY shall provide written notice of its decision to exercise this right.
In no event shall the DISTRICT's total obligation exceed x$750,000.00 as specified above.
* ** Total project cost includes City's project management/administrative fees.
Agreement C- 13160 -A01 Page 6 of 8
,.h.;X:,'. ,,.r -s? km_�
Task
Deliverable
*Due Date
* *District
Not -to- Exceed
Payment
Task 1: Data Inventory
Data Inventory Report
11 months
N/A
Report including design
Task 2: Design Criteria &
criteria & engineering
12 months
N/A
Requirements
requirements
Report including results
Task 3: Survey and
of survey & testing
13 months
N/A
Testing
Task 4: Drainage System
Plans & Project Manuals
16 months
$80,000
Design
Construction contracts,
Task 5: Pre and
progress reports &
24 months
$120,000
Construction Activities
project schedule
Deliverables and
pay requests for
this task are to be
submitted no more
frequently than on
a quarterly basis.
Total (Citywide Drainage Improvement) Payment: $ 200,000.00 * **
* All dates are referenced from the date of contract execution,
** The DISTRICT shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. ` In the event actual` expenditures by the CITY are less than the
not -to- exceed for a particular task, the CITY shall have the right to apply the unexpended balance
towards a subsequent task. The CITY shall provide written notice of its decision to exercise this right.
In no event shall the DISTRICT's total obligation exceed $750,000.00 as specified above.
* ** Total project cost includes City's project management /administrative fees.
Agreement C- 13160 -A0.1 Page 7 of 8
Task
Deliverable
*Due Date
* *District
Not -to- Exceed
Payment
Task 1: Data Inventory
Data Inventory Report
25 months
N/A
Report including design
Task 2: Design, Criteria &
criteria & engineering
26 months
N/A
Requirements
requirements
Report including results
Task 3: Survey and
of survey & testing
27 months
N/A
Testing
Task 4: Drainage System
Plans & Project Manuals
30 months
$54,000
Design
Construction contracts,
Task 5: Pre and
progress reports &
34 months
$246,000
Construction Activities
project schedule
Deliverables and
pay requests for
this task are to be
submitted no more
frequently than on
a quarterly basis.:
Total (Citywide Drainage Improvement) Payment: $ 300,000.00 * **
All dates are referenced from the date of contract execution.
** The DISTRICT shall only be obligated to pay for documented actual expenditures within the not-
to-exceed amounts specified above. In the event actual expenditures by the CITY are less than the
not -to- exceed for a particular task, the CITY shall have the right to apply the unexpended balance
towards a subsequent task. The CITY shall provide written notice of its decision to exercise this right.
In no event shall the DISTRICT's total obligation exceed $750,000.00 as specified above.
* ** Total project cost includes City's project management/administrative fees.
Agreement C- 13160 -A01
Page 8 of 8
SOUS
04401,
N �
• ;.1 N CORPORATEU ` •
1927
� O RIV
Excellence, Integrity, Inclusion
TO: Mayor, Vice Mayor and DATE: March 4, 2003
City Commission
FROM: Sanford Youkilis SUBJECT: Agenda enda Item
Acting City Manage
Code Enforcement Fines
2 °a Reading
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING SECTION 2 -25 (L) OF CHAPTER 2 OF THE
CODE OF ORDINANCES ENTITLED "SCHEDULE OF FINES "; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The City adopted a new system for code enforcement fines in August 1999. The new system
established a "courtesy notice" provision where homeowners are provided an opportunity to
remedy a code enforcement problem without paying a fine. Acceptance of and compliance with
this system has been excellent.
During the FY 2002 -03 budget process the Administration performed an evaluation of recurring
revenue sources. It was agreed that certain fees would require adjustment in order to be
comparable to other municipalities:
A review of the City's code enforcement charges warranted minor adjustments. Specifically, the
fines for 'several categories of serious violations or repetitious violators are below standard
levels,
RECOMMENDATION
Approval is recommended.
* The ordinance was adopted by the City Commission on first reading at its January 7, 2003
meeting.
Attachment:
Proposed Ordinance
Additions shown by underlining and deletions shown by ever-stFit
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO CODE ENFORCEMENT
PROCEDURES; AMENDING SECTION 2 -25 (L) OF <CHAPTER 2 THE CODE OF
ORDINANCES ENTITLED "SCHEDULE OF FINES' PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City has reviewed fine schedules ° for Miami -Dade County and several
municipalities; and
WHEREAS, the City has found that fees for the County and other municipalities are
higher than those fees included in the South Miami Schedule of Fines; and
WHEREAS, the City has changed the class I, Zoning Violations to class IV adding illegal units.
WHEREAS, the administration recommends an amendment to Section 2 -25 (1) of Chapter Two of
the Code of Ordinances to provide for proper fees being paid to the City for services provided.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 2 -25 (1) of Chapter Two of the Code of Ordinances is hereby
amended as follows:
First Second Additional
offense o ense offenses
Class I $- 100.00 $ 200.00 $ 400.00
Overgrown lots $ 150.00 $ 300.00 $ 500.00'
Illegal signs
Zeningvielatiens
Other violations of
equivalent gravity
Class II $150.00 $- 300.00 $- 400.00
Occupational license $ 200.00 $ 400.00 $ 500.00
Abandoned/junked vehicles
Trash
Garbage
Animals
Commercial vehicles in
RS zoning district
Other violations of
equivalent gravity
Class III $ 200.00 $ 325.00 $ 450.00
Overgrown vacant lots $ 500.00
Noise
Row obstructions
Other violations of
equivalent gravity
Additions shown by underlining and deletions shown by ever-s€fi
Class IV $300. 8 $450.00 $500.00
Triangle of visibility $350.00
Vacant, unsecured building
Other FBC violations
ZoninE violations /illegal units
Construction work without
permits
Other violations of
equivalent gravity
Classy $300.09 $500.00 $500.00;
Threat to public health, $ 350.00
safety & welfare
Irreparable or irreversible
violations
Other violations of
equivalent gravity
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a,court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this ordinance.
Section 3. All ordinances or 'parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this day of 92003.
ATTEST: APPROVED:
CITY CLERK MAYOR
1St Reading — adopted 1 -7 -03
2nd Reading —
COMMISSION VOTE:'
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe
CITY ATTORNEY Commissioner Bethel:
Commissioner McCrea:
Additions shown by underlining and deletions shown by g.
rj{u. ofrx ',Y�"�3£"t'x:YS . 3 S"_' •f,"^R'F'^' °�` i,w ...< .. ; s.
1
r
RESOLUTION NO.
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 FILL TWO
RECENTLY VACATED POSITIONS, PAYROLL TECHNICIAN AN CODE
ENFORCEMENT OFFICER, NOTHWITHSTANDING THE CURRENT HIRING
FREEZE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non-
critical life saving positions due to current revenue conditions (Resolution no. 103 -01- 11251); and
WHEREAS, any requests to hire new employees must be authorized by the City Commission; and
WHEREAS, staffing is below minimum levels which makes it critical to staff for these positions; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
SECTION I.That the City Manager is hereby authorized to fill the following positions:
a. Payroll Technician (effective immediately).
b. Code Enforcement Officer (effective immediately).
SECTION 2.
This Resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF , 2003.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM: Commission Vote:
Mayor Horace G. Feliu
Vice Mayor May Scott Russell
CITY ATTORNEY Commissioner David D. Bethel
Commissioner Dan McCrea
Commissioner Randy G. Wiscombe
1 RESOLUTION NO.'
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATED TO 2002 -2003 FISCAL
5 YEAR BUDGET; AUTHORIZING THE CITY MANAGER TO FILL TWO
6 RECENTLY VACATED POSITIONS, PAYROLL TECHNICIAN AN CODE
7 ENFORCEMENT OFFICER, NOTHWITHSTANDING THE CURRENT HIRING
8 FREEZE; PROVIDING AN EFFECTIVE DATE,
9
10 WHEREAS, the City Commission had directed the City Manager to place a hiring freeze on all non-
11 critical life saving positions due to current revenue conditions (Resolution no. 103 -01- 11251); and
12 WHEREAS, any requests to hire new employees must be authorized by the City Commission and
13 WHEREAS, staffing is below minimum levels which makes it critical to staff for these positions; and
14 ` NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
15 THE CITY OF SOUTH MIAMI, FLORIDA:
16 SECTION 1.That the City Manager is hereby authorized to fill the following positions:
17 a. Payroll Technician (effective immediately).
18 b. Code Enforcement Officer (effective immediately).
19 SECTION 2.
20 This Resolution shall take effect immediately upon approval.
21 PASSED AND ADOPTED THIS DAY OF , 2003.
22 APPROVED:
23
24 MAYOR
25 ATTEST:
26
27 CITY CLERK
28
29 READ AND APPROVED AS TO FORM: Commission Vote:
30 Mayor Horace G. Feliu
31 Vice Mayor May Scott Russell'
32 CITY ATTORNEY Commissioner David D. Bethel
33 Commissioner Dan McCrea
34 Commissioner Randy G. Wiscombe
.,., ,.
,.
WIT, R
1 W111.1'
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 anew- 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 spyjag employees without the proper authorization of the City Commission.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 24" day of Jam, 2.001.
ATTEST: APPROVED:
CITY CLERK Cl MAYO R -- _ -- -
Commission Vote: 5 -0
READ AND APPROVED AS TO FORM: Mayor Robaina: Yea
Vice Mayor Feliu Yea
642-/10A Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel:` Yea
(as amended 7 /24/01) Commissioner Russell: Yea
Additions shown by underlining and deletions shown by ever-striking.
/Z
1
RESOLUTION NO.
2
3
4
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6
CITY COMMISSION; WAIVING COMMISSIONER SALARIES
7
FOR REMAINDER OF FISCAL YEAR 2003; PROVIDING AN
8
EFFECTIVE DATE.
9
10
11
WHEREAS, the Mayor and City Commission of the City of South Miami,
12
pursuant to Article II, Section 3, of the City of South Miami Charter, are
13
authorized to receive an annual salary as established by the city budget; and,
-14
15
WHEREAS, the Mayor and City Commission understand that the city is
16
currently undergoing financial constraints and a budget shortfall;
17
18
WHEREAS, the Mayor and City Commission desire to waive any right
19
they have to collect the remainder of their annual salary, established in the 2003
20
budget at $3,000.00 per commissioner, for the current fiscal year so that the funds
21
may be used by the city to overcome the budget shortfall and to pay necessary
22
staff salaries:
23
24
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
26
27
Section 1. The Mayor and City Commission of the City of South Miami
28
waive their right to collect the remainder of their annual salary for the 2003 fiscal
29
year so that the funds may be used by the city to overcome the budget shortfall and
30
to pay necessary staff salaries. The finance director is directed to place the balance
31
of the $15,000.00 in commission salaries in the appropriate account in order to pay
32
necessary staff salaries.
33
34
Section 2. This resolution shall take effect' immediately upon approval.
35
36
37
PASSED AND ADOPTED this day of March, 2003.
38
39
40
41
42
I
Additions shown by underlining and deletions shown by evetstriki g.
i
1
2
ATTEST:
APPROVED:
3
4
5
CITY CLERK
MAYOR
6
7
8
COMMISSION VOTE:
9
10`
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
\\Dell 6100\ Documents \0022\EAB \1'7017.doc - waiver of comm'n. salaries
Page 2 of 2
3
CITY OF SOUTH MIAMI
aINTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n. Date: February 26, 2003
Sandy Youkilis, Acting CM
Hakeem Oshikoya, Finance Director
Cokes Watson, Police Chief
From: Earl G. Gallop, City Attorney Re:. Resolution reinstating police
positions and reducing pay of
command staff
Subject: The resolution would rescind the action taken by the city commission on
February 18 that eliminated one assistant police ` chief, one captain and two lieutenant
positions. The resolution would reduce the salaries of the police department command staff
by one or more pay steps. The resolution is proposed by vice mayor Russell.
Discussion: The subject involves a policy matter that is not within the purview of the city
attorney. However, I advise that the February 18 action might constitute an unfair labor
practice regarding the captains and lieutenants. As you know, the PBA initiated a state
proceeding to establish captains and lieutenants as a recognized collective bargaining unit.
The proceeding will conclude by either the withdrawal of the petition, or by an election in
which the four affected personnel will vote on the question whether to create the bargaining
unit. While the proceeding is pending, the city should not take any action that would change
the terms and conditions of their employment. If the action constitutes an unfair labor
practice, the city could be exposed to a complaint, the cost of defending its action in chapter
120 administrative litigation, and a statutory award of attorney's fees if the city loses the
litigation. Even if the city prevails, the cost of defending the litigation to a final order would
exceed the cost savings to, the city for the current fiscal year.
Recommendation: Advice only.
1
RESOLUTION NO.
2
3
4
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6
BUDGET AND FINANCE; PROVIDING FOR 'REINSTATING'
7
POLICE OFFICERS TO FORMER RANKS; PROVIDING FOR
8
REDUCTION IN PAY; PROVIDING AN EFFECTIVE DATE.
9
10
- I I
WHEREAS, on February 18, 2003, the Mayor and City Commission of the
12
City of South Miami approved a recommendation of the city administration to
13
restructure the police department by eliminating one assistant police chief, one
14
captain and two lieutenant positions to secure a cost saving of approximately
15
;$24,000.00 for the remainder of the current fiscal year; and,
16
17
WHEREAS, the restructuring will be accomplished' by demoting the
18
designated officers who hold those positions, which will result in further
19
demotions of officers whose positions are taken by the demoted officers; and,
20
21
WHEREAS, the Mayor and City Commission desire to accomplish a
22
significant budget savings in a more equitable fashion and in a manner that will
23
have less of an adverse impact on uniformed personnel.
24
25
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
27
28
Section 1. The action of the city commission on February 18, 2003,
29
which approved the restructuring of the police department' personnel, is rescinded.
30
All police department personnel who are affected by the action are restored to
31
their former rank. The salaries of the police chief and the assistant police chiefs
32
are reduced by one step.
33
34
Section 2. This resolution shall take effect` immediately upon approval.
35
36
PASSED AND ADOPTED this 4th day of March, 2003.
37
38
ATTEST: APPROVED;
39
40
41
CITY CLERK MAYOR
42
Additions shown by underlining and deletions shown by evetstfiki-ng.
1
2 COMMISSION VOTE:
3 READ AND APPROVED AS TO FORM: Mayor Feliu:
4 Vice Mayor Russell:
5 Commissioner Wiscombe:
6 CITY ATTORNEY Commissioner Bethel:
7 Commissioner McCrea:
8
9
10
11 \\Dell 6100 \Documents \0022 \EGG \17048.doc - CSM Reso- Budget, Police officer pay reduction
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Page 2 of 2
i _,...;,.. South Miami
ti t:ptf
F I o r Ida
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X. CITY OF SOUTH MIAMI
3 Excellence, Integrity, Inclusion
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kcxxx° _.
zaat
TO: Honorable Mayor, Vice Mayor Date: March 4, 2003
& City Commission
REVISED
FROM: Sanford A. Youkilis ITEM NO. 14
Acting City Manager RE City Code Amendment
Special Master System
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT;
REPEALING IN ITS ENTIRETY 'SECTION 2 -24 OF THE CODE ` OF
ORDINANCES ENTITLED "CODE ENFORCEMENT BOARD "; CREATING A
NEW < SECTION 2 -24, , ENTITLED "SPECIAL MASTER "; INCLUDING
QUALIFICATIONS, POWERS OF AND COMPENSATION OF SPECIAL
MASTERS; REVISING SECTION 2 -25, ENTITLED "CODE ENFORCEMENT
PROCEDURES "; PROVIDING FOR APPEALS OF CODE ENFORCEMENT
VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND
In recent weeks it has been brought to the attention of administration that the Code Enforcement
Board waived or reduced significantly numerous fines, which created a financial impact on past
and present budgetary responsibilities. Upon review of the City's Code of Ordinances, Chapter 2
Section 2 -24, Code Enforcement Board, it was determined by the City Commission and City
Administration that the City would benefit from the establishment of a Special Master System.
The City Commission at its February 4, 2003 meeting accepted the recommendation; of City
Administration to eliminate the Code Enforcement Board:
The attached ordinance amends the City Code by eliminating the Code Enforcement Board
and creating a Special Master System. The duties and qualifications of the Special Master
System are included in the draft ordinance.
RECOMMENDATION
Approval on first reading is recommended.
Attachments:
Draft Ordinance
City Manager `s'Report, Feb. 4, 2003
Letter from CEB member
SAY /OCM /MST
V
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
ENFORCEMENT; REPEALING IN ITS ENTIRETY SECTION 2 -24 OF
THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT
BOARD"; CREATING A NEW SECTION 2 -24, ENTITLED "SPECIAL
MASTER"; INCLUDING QUALIFICATIONS, POWERS OF AND
COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2-
25, ENTITLED "CODE ENFORCEMENT'' PROCEDURES
PROVIDING FOR APPEALS OF CODE ENFORCEMENT
VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE:
WHEREAS, in recent weeks it has been brought to the attention of administration
that the Code Enforcement Board has waived or reduced significantly numerous fines and
liens issued by the City's Code Enforcement Officers; and
WHEREAS, due to the waiver or reduction of fines have had a negative financial
impact on past and present budgetary' responsibilities; and
WHEREAS, the Code Enforcement Board had difficulty meeting due to lack of
quorum; and
WHEREAS, upon review of the history of the Code Enforcement Board' and of
Chapter 2, Section 2 -24, entitled "Code Enforcement, of the City's Code of Ordinances,
a determination was made by the city commission and city administration that the City of
South Miami would benefit by the elimination of the code enforcement 'board, and
replace it with a special master system; and
WHEREAS, on Tuesday, February 4th, 2003, the city commission accepted the
recommendation of city' administration to eliminate the position of code enforcement
board and replace it with a special master system and to make all necessary 'changes to
sections 2 -24 and 2 -25, of the City of South Miami's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Seca: 2 -24 of the City of South Miami code entitled "Code
Enforcement Board" is repealed in its entirety and is hereby replaced with a new Sec. 2
24 entitled "Special Master" and shall read:
I
i
L Additions shown by underlining and deletions shown by eve f g.
Page I of 11
Section 2 -24. Special Master
(a) Pursuant to the constitutional home rule powers granted to municipalities
by the Florida constitution, and chapter 166 and section 162.22, Florida:
Statutes, the City creates the position of Special Master for the citYto
enforce the occupational license, building zoning sign, and other related
codes and ordinances of the city and all ordinances of Miami -Dade
County and statutes of the state of Florida that the city s authorized to
enforce.
(b) All procedure and conduct of hearings shall be as. provided in sec. -2 -25
of this code. The city attorney shall serve as counsel to the 'city`in the
defense of appeals to the special master. The cijy attorney shall have the
power, upon approval b the he city commission, to initiate civil actions for
declaratpE and injunctive relief, and orders to compel, and to commence
any other action to enforce civil fines, correction orders and orders of the
special master, and to compromise and settle fines and penalties.
(c) The special master shall have the powers to:
(1) Adopt by -laws and rules of procedure.
(2) Hear de novo appeals by alleged violators from civil citations;
affirm in whole or in part, or reverse, the charge of violation; and
affirm or modify the order of corrections and fine levied in the
citation'
(3) Subpoena and swear witnesses.
s
(4) Take evidence under oath.
(5) Issue orders having the force of law to command action to correct
a violation.
(6) To assess costs, including reasonable attorney's fees, against
violators in proceedings before the special master and to enforce
compliance with citations and orders of the special master.
(7) Authorize the city attorney to request the issuance of inspection
warrants.
(8) Perfect liens and foreclose liens.
(9) Initiate civil actions for declaratory and injunctive relief, order to
compel, and take any other civil action in its own name, upon
I
approval by the city commission, to enforce applicable laws
against violators.
(10) Compromise and settle fines and penalties.
(1 l) Take any action that is necessary to effectuate the powers of the
special master consistent with the intent of sec. 2 -24 and sec. 2-
25:
Additions shown by underlining and deletions shown by every -i>cog
Page 2 of ` 11
(d) Appointment of a special master upon recommendation of the city
manager with a majority vote from the city commission who will
appoint a designated _ person for this particular position and who shall be
authorized to hold hearings, impose, uphold and/or mitigate fines, liens,<
and other non criminal penalties against violators of city and/or county
codes and ordinances.
(e) Qualifications for special master:
1) Be a retired Florida Jude;
2) A member in good standing of the Florida Bar, with at least ten
year's experience in zoning, land use, code enforcement, or real estate
transactions or litigation,
3) A Florida licensed real estate broker in good standing, licensed for at
least five (5) years;
4) No more than three (3) special masters shall be appointed for service
for any one (: ) year period.
(f) Term. A special master's term of appointment shall be limited to one
(1) year.' A special master may be reappointed as provided for under
subsection (d ). If a special master is unable to hear a case due to conflict
of '`interest or '.any other reason, the case shall be assigned to another
special master.'
(g) Removal of special master. The city commission at its sole discretion
may remove a special master from office at an, time.
me.
Compensation. A special master shall be compensated at a rate not to
exceed $100.00 per hour for attendance at hearings and preparation of
orders of the special master..
Section 2. Sec. 2 -25 of the City, of South Miami code is created to read:
Sec. 2 -25. Code enforcement procedures.
(a) Code enforcement officers.
O Code enforcement officers are charged with enforcing the
occupational license, building, zoning, sign, and other related
codes and ordinances of the city and all ordinances of Miami -Dade
County and statutes of the state of Florida that the city is
authorized to enforce.
Additions shown by underlining and deletions shown by °fig.
Page 3 of 11
(2) A "code enforcement officer" means any designated employee or
agent, including, but not limited to, code inspectors and police
officers, of the city whose duty it is to enforce the applicable laws.
(b) Civil offenses. The violation of any applicable law shall constitute a
civil offense punishable by civil penalty in the amount prescribed in the
schedule of fines included in this section. Failure to correct a violation,
pay an administrative fee and fine, or otherwise 'comply with lawful
direction by the code enforcement officer or order of the &We
eaf^r-^ement be ar special master may subject a violator and, or,
property owner to civil actions taken in the name of the
enfer-Eement special master, upon approval by the city
commission, for, including, but not limited to, declaratory and
injunctive relief, order to abate a nuisance, to take corrective action, to
compel payment, to foreclose a lien on the property that is subject to the
citation or order, or to foreclose a lien on any personal or other real
property of the violator, or to take any other civil action to compel
compliance. The city is authorized to withhold the issuance of any
occupational license, land use and development approvals, including,
but not limited to, zoning amendment, special exception, variance,
building permit, final inspection approval, and temporary or final
certificate` of occupancy and use until the violation is corrected.
(c) Citations.
(1) A code enforcement officer is authorized to issue a civil citation to a
person when, based upon personal investigation, the officer has
reasonable cause to believe that the person has committed a civil
violation of an applicable law.
(2) A citation shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is
issued.
3. The date and time the violation was committed.
4. The facts constituting reasonable cause.
5. The section or paragraph of the applicable law violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to correct the
violation and to request in writing a compliance inspection by
the code enforcement officer.
8. The procedure for' the person to follow in order to pay the civil
penalty or to contest the citation.
Additions shown by underlining and deletions shown by ever triking.
Page 4 of l l
9. A statement that if the person elects to appeal the citation a
penalty of up to $500 per day may be imposed upon a
determination that a violation was committed.
10. The applicable civil penalty if the person elects not to appeal
the citation.
11. Whether the civil penalty is a one time fine and or daily
continuing fine.
12. A statement that if the person fails to pay the civil penalty
within the time allowed, or fails to appeal the citation, ; the
person shall be deemed to have waived his or her right to
contest the citation and that a lien may be recorded against the
property and the citation may be enforced by initiating an
enforcement action in county court.
(3) Continuing fines may be imposed for those violations which remain
uncorrected beyond the prescribed time period for correction
included in the civil infraction notice. For each day of continued
violation after the time period for correction has run, an additional
penalty in the same amount as the fine for the original violation
shall be added.
(4) In cases of a repeat violation, or if the code enforcement officer has
reason to believe that the violation presents a serious: threat to the
public health, safety or welfare, or if the violation is' irreparable or
irreversible, the code enforcement' officer does not h4vei to provide
the person with a reasonable time period to correct the' violation
prior to issuing -a citation, and may immediately issue a citation
and require immediate corrective action.
(5) A "repeat violation" means a violation of the same Taw at the same
address by a person, or by someone in contractual privity with the
person, or by a member of the person's immediateI family, such as
the person's mother, father, brother, sister, son, daughter, or by
someone residing with the person,', within the past five years.
(6) In c: ases where a violation presents a serious threat to the public
health, safety or welfare, the code enforcement officer may also
request a special meeting of the e6de special
master and the c4 mana er for the ur oses correcting the
y g P p
violation by, among other things, providing
over of the
corrective action by the violator' or property owner, undertaking
corrective action by the city in response to the; vio
lation and
authorizing legal action against the violator and, or, property
owner.
(d) Notice of civil infraction. Prior to issuing a citation, the code
enforcement officer `shall give a civil infraction notice as a courtesy to
Additions shown by;underlinin and deletions shown by ^ °�
Page 5 of 11
the person that a violation of an applicable law has been committed and
shall establish a reasonable time period within which the person must
correct the violation. Where the violator is not the owner of the real
property on which the violation occurs, the code enforcement officer
may also give notice to the owner or to the owner's agent or
representative. The time period to correct the violation shall not exceed
30 days. If, upon personal investigation, a code enforcement officer
finds that the person has not corrected the violation within the time
period specified in the civil infraction notice, the code enforcement
officer shall issue a citation to the person who has committed the
violation, and may issue a citation of the owner of the real property, or
to the owner's agent or representative.
(e) Criminal penalty for willful refusal to sign and accept citation. Any
person who willfully refuses to sign and accept a citation shall be guilty
of a misdemeanor of the second degree, punishable as provided in
§ 775.082 or § 775.083, Florida Statutes.
(f) Appeals to eede enfereemen4 beafd special master.
(1) A violator who has been served with a civil citation shall elect to
either:
1. Pay the civil penalty in the manner indicated on the citation and
to immediately correct the violation; or
2. Request a hearing before the ^ a° enfer-eemet# b ^"" special
master to appeal the determination of the code enforcement
officer which resulted in the issuance of the civil citation.
(2) An appeal to the ^ a eafer-eefnefA boa special master shall be
accomplished by filing a written request with the code enforcement
division of the building department, identifying the 'citation by the
citation number or by the address indicated on the citation, no later
than 20 days after the service of the citation.
(3) Upon ,receipt of a timely request for a hearing, the code enforcement
division will schedule the appeal on the agenda for the next, regularly
scheduled meeting of the ^ de °„f reement bo °ra special master. A
notice' of hearing will be mailed by certified mail to the alleged
violator's last known address and, or, to the address of, the property
owner that appears on the tax records.
(g) Hearings' before eede °„f^,. °. eiA board special master.
(1) All hearings before the code enfer-eeme t boa special master shall
be conducted as quasi-judicial hearings. All witnesses shall be
Additions shown by underlinin> and deletions shown by ever-striking.
Page 6 of 11
sworn to tell the truth under penalty of perjury. Although the
Florida Rules of Evidence shall not be applied to the proceedings
strictly, due process and fundamental fairness shall be accorded to
all alleged violators. Hearsay testimony may be considered to give
weight or credibility to other evidence, but no order shall be entered
based solely on hearsay testimony.
(2) In determining appeals, the beams special master shall determine
whether:
1. The person and, or, the property owner were properly served
with the civil citation and notice of hearing.
2. The citation adequately identifies facts constituting reasonable
cause and the section or paragraph of the applicable law violated.
3. The beard special master shall consider all the evidence
presented during the hearing.
(3) The record shall consist of the code enforcement file, the testimony
of the code enforcement; officer who issued the civil citation and any
other evidence accepted by the beard special master.
(4) The eede enferE€ment board _special master shall base its
determination on substantial, competent evidence in the record and
shall issue an order containing a statement of facts, conclusions of
law and order. The order may affirm in whole or in part, or reverse,
the charge of violation,_ affirm or modify the fine levied in the ticket,
direct additional corrective action by the violator and, or, property
owner, request corrective action by the city, inc:
nclude the cost of
repairs incurred, or that might be incurred by the city, in correcting
the violation, request the initiation of enforcement proceedings and
take any other action consistent with the powers of the beard special
master.
(5) An audiotape and written minutes summarizing the actions of the
beard special master shall be made.
(h) Enforcement of orders and liens.
(1) At any time, the eoeenfor ement boa special master, upon its
own, at the direction of the city commission, or upon request of any
person, may direct the enforcement of its orders, and respond to a
serious threat to the public health, safety or welfare.
(2) In any action to enforce an order of the eode enfereement be
special master or foreclose a lien, the prevailing party shall be
entitled to an order against the other party awarding its reasonable
attorney's fees incurred in all stages of the proceeding, and costs.
(i) Liens; priority and foreclosure of liens.
Additions shown by underlining and deletions shown by ^v°r g.
Page 7 of l l
Y.
(l) A certified copy of an order imposing a fine may be recorded in the
public records of Miami -Dade County and shall, upon recording,
constitute a lien against the land on which the violation exists and
upon any other real or personal property' owned by the violator.
(2) Liens shall be enforced by foreclosure in circuit court and subject to
the provisions contained in subsection 162.09(3), Florida Statutes, as
amended; provided, however, that the lien shall have the same'
priority, effect and duration as a special assessment` lien. Liens shall
have a duration of 20 years.
(j) Appeals'. An aggrieved party, including the violator, property owner,
local governing body, and property owners and tenants within 300 feet
of the property that is subject to an order of violation by the e
enf °ment bear special master, may appeal the final order to the
circuit court. In the case of property owners and tenants, they shall have
standing to appeal to the circuit court only if they appeared at the
hearing before the eerie °^f^r^°m°n.*' o-a—r- d special master and presented
evidence in substantial opposition to the final order of the board special
master. The appeal shall not be a hearing de novo but shall be limited to
appellate review of the record.. An appeal shall be filed within 30 days
of rendition of the order.
(k) Notices. Notices shall be provided in the manner authorized by section
162.12, Florida Statutes, as am: ended, entitled "Notices."
(1) Schedule of fines. Fines- shall be imposed for violations of applicable
laws as provided below. A fine shall not exceed $250 per day fora first'
violation and shall not exceed $500 per day for a repeat violation, and,
in addition, may include all costs of oversight of repairs, costs of
repairs, and costs, including reasonable attorneys fees, incurred at all
stages of proceedings defending appeals before the e9de „& reeme
bed special master and in prosecuting orders entered by the bear
special master. In the event the beard special master finds that a
violation presents a serious threat to the public health, afety ''or welfare,
or the violation is irreparable or irreversible in nature, it may impose a
fine not to exceed $5,000 for each violation.
Additions shown by underlinin and deletions shown by over tr
Page 8 of`11
FIRST
SECOND ADDITIONAL
OFFENSE
OFFENSE OFFENSES
CLASS'I ........................ $100.00
$200.00 $400.00
OVERGROWN LOTS
ILLEGAL SIGNS
ViiOLA- -ioNs
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS II $150.00
$300.00 $400.00
OCCUPATIONAL LICENSE
ABANDONED /JUNKED VEHICLES
TRASH
GARBAGE
ANIlVIALS
COMM. VEHICLES IN RS ZONING DISTRICT
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS III $200.00
$325.00 $450.00
OVERGROWN VACANT LOTS
NOISE
ROW OBSTRUCTIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS IV $300.00
$450.00 $500.00
TRIANGLE OF VISIBILITY
VACANT, UNSECURED BUILDING
OTHER FBC VIOLATIONS
ZONING VIOLATIONSALLEGAL UNITS
CONSTRUCTION WORK WITHOUT PERMITS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS V $300.00
$500.00 $500.00
THREAT TO PUBLIC HEALTH, SAFETY & WELFARE
IRREPARABLE OR IRREVERSIBLE VIOLATIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
(m) In determining the deviation, if any, from the scheduled fine, the
board special master shall consider the following factors:"
(1) The gravity of the violation:
(2) Actions taken by the violator to correct the violation.
(3) Previous violations committed by the violator.
(4) The benefit received by the violator from the violation.
(5) The violator's ability to pay.
(6) The deterrent effect to be achieved by the fine.
Section 3. All prior orders of the eede of &r -eeme t b " a special master, and
all pending enforcement actions and lien foreclosure actions are ratified and are not
affected by this ordinance. This ordinance shall not apply to any notices of violation that
were issued prior to the effective date of this ordinance, except that actions to enforce
orders of the beard former City of South Miami Code Enforcement Board, or to foreclose
liens, resulting from the prior notices of violation, that are commenced after the effective
date of this ordinance shall comply with the procedures stated herein.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid' or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall take effect, immediately upon approval and be
published in the City's Code of Ordinances.
PASSED AND ADOPTED this day of 2003.
ATTEST: APPROVED:
CITY CLERK MAYOR
I st Reading
2"d Reading -
COMMISSION VOTE:
Additions shown by underlining and deletions shown by ever-stAking
Page 10 of l 1
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE 'MAYOR AND CITY COMMISSION` OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CODE
5 ENFORCEMENT; _ REPEALING IN ITS ENTIRETY SECTION 2 -24 OF
6 THE CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT
7 BOARD "; CREATING A NEW SECTION 2 -24, ENTITLED "SPECIAL
$ MASTER "; INCLUDING QUALIFICATIONS, POWERS OF AND
9 COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2
10 25, ENTITLED "CODE ENFORCEMENT PROCEDURES ";
I'1 PROVIDING FOR APPEALS` OF CODE ENFORCEMENT
12 VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR
13 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
14 DATE.
15
16 WHEREAS, in recent weeks it has been brought to the attention of administration
17 that the Code Enforcement Board has waived or reduced significantly numerous fines and
18 liens issued by the City's Code Enforcement Officers; and
19
20 WHEREAS, due to the waiver or reduction of fines have had a negative financial
21 impact on past and present budgetary responsibilities; and
22
23 WHEREAS, the Code Enforcement Board had difficulty meeting due to lack of
24 quorum; and
25
26 WHEREAS, upon review of the history of the Code Enforcement Board and of
27 Chapter 2, Section 2 -24, entitled "Code Enforcement," of the City's Code of Ordinances,
28 a_ determination was made by the city commission and city administration that the City of
29 South Miami would benefit by the elimination of the ' code enforcement board, and
30 replace it with a special master system; and
31
32 WHEREAS, on Tuesday, February 4th, 2003, the city commission accepted the
33 recommendation of city administration to eliminate the position of code enforcement
34 board and replace it with a special master system and to make all necessary changes to
35 sections 2 -24 and 2 -25, of the City of South Miami's Code of Ordinances.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
39
40 Section 1. Sec. 2 -24 of the City of South Miami code entitled "Code
41 Enforcement Board" is repealed in its entirety and is hereby replaced with a new Sec. 2
42 24 entitled "Special Master" and shall read:
43
Additions shown by underlining` and deletions, shown by ^•,°r
Page 1 of 11
1
Section 2 -24. Special Master
2
3
(a) Pursuant to the constitutional home rule powers granted to municipalities
4
by the Florida constitution, and chgpter 166 and section 162.22, Florida
5
Statutes, the City creates the position of Special Master for the city to
6
enforce the occupational license, building zoning, sign, and other related
7
codes and ordinances of the city and all ordinances of Miami -Dade
8
County and statutes of the state of Florida that the city is authorized to
9
enforce.
10
11
(b) All procedure and conduct of hearings shall be as provided in sec. 2 -25
12
of this code. The city attorney shall serve as counsel to the city in the
13
defense of appeals to the special master. The 'city attorney shall have the
14
power, upon approval by the city commission, to initiate civil actions for
15
declaratory and injunctive relief, and orders to compel, and to commence
16
another action to enforce civil fines, correction orders and orders of the
17
special master, and to 'compromise and settle fines and penalties.
18
19
(c) The special master shall have the powers to:
20
21
(1)' Adopt by-laws and rules of procedure.
22
(2) Hear de novo appeals by alleged violators from civil citations;'
23
affirm in whole or in part, - or reverse, the charge of violation, and
24
affirm or modify the order of corrections and fine levied in the
25
citation.
26
(3) Subpoena and swear witnesses.
27
(4) Take evidence under oath.
28
(5) Issue orders having the force of law to command action to correct
29
a violation.
30
(6) To assess costs, including reasonable attorney's fees, against
31
violators in proceedings before the special master and'to enforce
32
compliance with citations and orders of the special master.
33
(7) Authorize the' city attorney wo request the issuance of inspection
34'
warrants.
35
(8) Perfect liens and foreclose liens.
36
(9) Initiate civil actions for declaratory and injunctive relief, order to
37
compel, and take any other civil action in its own name, 'upon
38
approval by the city commission, to enforce applicable laws
39
against violators.
40
(10) Compromise and settle fines and penalties.
41
(11) Take any action that is necessary to effectuate the powers of the
42
special master; consistent with the intent of sec. 2 -24 and sec. 2=
43
25
Additions shown by underlining and deletions shown by evefs4iking.
Page 2 of 11
1
2
(d) Appointment of a special master upon recommendation of the city
3
manager with a majority ; vote from the city commission who will
4
appoint a designated person for this particular position and who shall be
5
authorized to hold hearings, impose, uphold and /or mitigate fines, liens,
6
and other non criminal penalties against violators of city and /or county
7
codes and ordinances
8
9
) Qualifications for special master:
10
1 l
1) Be a retired Florida Judge;
12
2) A member in good standing of the Florida Bar, with at least ten
13
year's experience in zoning;, land use, code enforcement, or real estate
14
transactions or litigation,-,
15
3) A Florida licensed real estate broker in good standing, licensed for at
16
least five (5) years;
17
4) No more than three (3)special masters shall be appointed for service
18
for any one (1) year period.
19
20
(f) Term. A special master's 'term of appointment shall be limited to one
21
(1) year. A special master may be reappointed as provided for under
22
subsection (d). If a special master is unable to hear -a case due to conflict
23
of interest or any other reason, ` the case shall be assigned to another
24
special master.
25
26
W Removal' of special master. The city commission at its sole discretion
27
may remove a special master from office at any time.
28
29
W Compensation. A special master shall be compensated at a rate not to
30
exceed $100.00 per hour for attendance at hearings and preparation of
31
orders of the special master.'.
32
33
Section 2. See. 2 -25 of the City of South Miami code is created to. read:
34
35
Sec. 2 -25. Code enforcement procedures.
36
37
(a) Code enforcement officers.
38
39
(1) Code enforcement officers are charged with enforcing the
40
occupational license; building, zoning, sign, and other related
41
codes and ordinances of the city and all ordinances of Miami -Dade
42
County and statutes of the state of Florida that the city is
43
authorized to enforce.
Additions shown by underlining and deletions shown by ever-striking.
Page 3 of 11
1
(2) A "code enforcement officer" means any designated employee or
Z
agent, including, but not limited to, code inspectors and police
3
officers, of the city whose duty it is to enforce the applicable laws.
4
5
(b) Civil offenses. The violation of any applicable law shall constitute a
6
civil offense punishable by civil penalty in the amount prescribed in the
7
schedule of fines included in this section. Failure to correct a violation,
8
pay an administrative fee and fine, or otherwise comply with lawful
9
direction by the code enforcement officer or order of the eede
10
exferEement special master may subject a violator and, or,
11
property owner to civil actions taken in the name of the
12
enfer-eemen special master, upon approval by the city
13
commission, for, including, but not limited to, declaratory and
14
injunctive relief, order to abate a nuisance, to take corrective action, to
15
compel payment, to foreclose a lien on the property that is subject to the
16
citation or order, or to foreclose a lien on any personal or other reap
17
property of the violator, or to take any other civil action to compel
18
compliance. The city is authorized to withhold the issuance of any
19
occupational license, land use and development approvals, including,
20
but not limited to, zoning amendment, special exception, variance,
21
building permit,. final inspection approval, and temporary or final
22
certificate of occupancy and use until the violation is corrected.
23
24
(c) Citations.
25
26
(1) A code enforcement officer is authorized to issue a civil citation to a
27
person when, based upon personal investigation, the officer has
28
reasonable cause to believe that the person has committed a civil j
29
violation of an applicable law.
30
(2) A citation shall contain:
31
1. The date and time of issuance.
32
2. The name and address of the person to whom the citation is
33
issued.
34
3. The date and time the violation was committed.
35
4. The facts constituting reasonable cause.'
36
5. The section or paragraph of the applicable law violated.
37
6. The name and authority of the code enforcement officer.
38
7. The procedure for the person to follow in order to 'correct the
39
violation and: to request in writing a compliance inspection by
40
the code enforcement officer.
41
8. The procedure for the person to follow in order to pay the civil
42
penalty or to contest the citation.
-
Additions shown by underlining and deletions shown by evefs4iking.
Page 4 of l l
1
9. A statement that if the person elects to appeal the citation a
2
penalty of up to $500 per day may be imposed upon a
3
determination that a violation was committed.
4
10. The applicable civil penalty if the person elects not to appeal
5
the citation.
6
11. Whether the civil penalty is a one time fine and or daily
7
continuing fine.
S
12. A statement that if the person fails to pay the civil penalty
g
within the time allowed, or fails to appeal the citation, the
10
person shall be deemed ° to have waived his or her right to
11
contest the citation and that a lien may be recorded against the
12
property and the citation may be enforced by initiating an
13
enforcement action in county court.
14
(3) Continuing fines may, be imposed for those violations which remain
15
uncorrected beyond the prescribed time period for correction
I,
16
included in the civil infraction notice. For each day of continued
17
violation after the time period for correction has run, an additional
18
penalty in the same amount as the fine' for the original violation
19
shall be added.
20
(4) In cases of a repeat violation, or if the code enforcement officer has
21
reason to believe that the violation presents a' serious threat to the
22
public health, safety or welfare, or if the violation is irreparable or
23
irreversible, the code enforcement officer does not have to provide
24
the person with a reasonable time period to correct the violation
25
prior to issuing a citation, and may immediately issue a citation
26
and require immediate corrective action.
27
(5) A "repeat violation" means a violation of the same law at the I same
28
address by a person, or by someone in contractual privity with the
29
person, or by a member of the person's immediate family, such as
30
the person's mother, father, brother, sister, son, daughter, or by
31
someone residing with the person, within the past five years.
32
6 In cases where a violation presents a serious threat to the public
33-
health, safety or welfare, the code enforcement officer may also
34
request a special meeting of the Ee€E€enar-d special
35
master and the city 'manager for the purposes' correcting the
36
violation by, among other things, providing oversight of the
37
corrective action by the violator or property owner, undertaking
38
corrective 'action by the city in response to t'e violation, and
39
authorizing legal action against the violator and, or, property
40
owner.
41
42
(d) Notice of civil infraction. Prior to issuing a citation, the code
43
enforcement officer shall 'give a civil infraction notice as a courtesy to
Additions shown by underlining and deletions shown by ^v°r g.
Page 5 of 11
I
the person that a violation of an applicable law has been committed and
2
shall establish a reasonable time period within which the person must
3
correct the violation. Where the violator is not the owner of the real
4
property on which the violation occurs, the code enforcement officer
5 `
may also give notice to the owner or to the owner's agent or
b
representative. The time period to correct the violation shall not exceed
7
30 days. If, upon personal investigation, a code enforcement officer
8
finds that the person has not corrected the violation within the time
9
period specified in the civil infraction notice, the code enforcement
10
officer shall issue a citation to the person who has committed the
11
violation, and may issue a citation of the owner of the real properly, or
12
to the owner's agent or representative.
13
14
(e) Criminal penalty for willful refusal to sign and accept citation. Any
15
person who willfully refuses to sign and accept a citation shall be guilty
16
of a misdemeanor of the second degree, 'punishable as provided in
17
§ 775.082 or § 775.083, Florida Statutes.
l'8
19
(f) Appeals to eerie °„f ;.eeme„+ bea f special master.
20-
21
(1) A violator who has been served with a civil citation shall elect to
22
either:
23
1. Pay the civil penalty in the manner indicated on the citation and
24
to immediately correct the violation; or
25
2. Request a hearing before the Bede 'enfef^ °m°^+ be special
26
master to appeal the determination of the code enforcement
27
officer which resulted in the issuance of the civil citation.
28
(2) An appeal to the ^ ^a° °"f^''^°"°'° t board special master shall be
29
accomplished by filing a written request with ` the code enforcement
30
division of the building department, identifying the citation by the
31
citation number or by the address indicated on the citation, no later
32
than 20 days after the service of the citation.
33
(3) Upon receipt of a timely request for a hearing, the code enforcement
34
division will schedule the appeal on the agenda for the next regularly
35
scheduled meeting of the eede enfefeenient boa special master. A
36
notice of hearing i will :lb, e mailed by certified mail to the alleged
37
violator's last known address' and, or, to the address' of the property
38
owner that appears on the tax records.
39
40
(g) Hearings before eode °„fefeemetA board special master.
41
42
(1) All hearings before the '^ ^a° boa special master shall
43
be conducted as quasi-judicial hearings. All witnesses shall be
Additions shown by underlining and deletions shown by ever-striking.
Page 6 of l l
I sworn to tell the truth under penalty of perjury. Although the
2 Florida Rules of Evidence shall not be applied to the proceedings
3 strictly, due process and fundamental fairness shall be accorded to
4 all alleged violators. Hearsay testimony may be considered to give
5 weight or credibility to other evidence, but no order shall be entered
6 based solely on hearsay testimony.
7 (2) In determining appeals, the boar- special master shall determine
8 whether:
9 1. The person and, or, the property owner were properly served
10 with the civil citation and notice of hearing.
11 2. The citation 'adequately identifies facts constituting reasonable
12 cause and the section or paragraph of the applicable law violated.
13 3. The board special master shall consider all the evidence
14 presented during the hearing.
15 (3) The record shall consist of the code enforcement file, the testimony
16 of the code enforcement officer who issued the civil: citation and any
17 other evidence accepted by the bear- special master.`
1$ {4) The eede —� ferEemen pedal master shall base its
19 determination on substantial, competent evidence in the record and
20 shall issue an order containing a statement of facts, conclusions of
21 law and order. The order may affirm in whole' or in part, or reverse,
22 the charge of violation, affirm or modify the fine levied in the ticket,
23 direct additional corrective action by the violator and, or, property
24 owner, request corrective action by the city, include the cost of
25 repairs incurred, or that might be incurred by the city, in correcting
26 the violation, request the initiation of enforcement proceedings and
27 take any other action consistent with the powers of the b special
28 master.
29 (5) An audiotape and written minutes summarizing the actions of the
30 beams special master shall be made.
31
32 (h) Enforcement of orders and liens.
33 (1) At any time, the Bede en=ereemez�t boa special master, upon its
{ 34 own, at the direction of the city commission, or upon request of any
35 person, may direct the enforcement of its orders, and respond; to a
36 serious threat to the public health, safety or welfare.
37 (2) In any action to enforce an order of the eede enfereement board
38 special master or foreclose a lien, the prevailing party shall be
39 entitled to an order against the other party awarding its, reasonable
40 attorney's fees incurred in all stages of the proceeding, and costs.
41
42 (i) Liens; priority and foreclosure of liens.
Additions shown by underlining and deletions shown by everstr king.
Page 7 of 11
I
1
(1) A certified copy of an order imposing a fine may be recorded in the
2
public records of Miami -Dade County and shall, upon recording,
3
constitute a lien against the land on which the violation exists and
4
upon any other real or personal property owned by the violator.
5
(2); Liens shall be enforced by foreclosure in circuit court and subject to
6
the provisions contained in subsection 162.09(3), Florida Statutes, as
7
amended; provided, however, that the lien shall have the same
8
priority, effect and duration as a special assessment lien. Liens shall -
9
have a duration of 20 years.
10
11
(j) Appeals. An aggrieved party, including the violator, property owner,
12
local governing body, and property owners_ and tenants within 300 feet
13
of the property that is subject to an order of violation by the ems€
14
enforeement boar- special master, may appeal the final order to the
15
circuit court. In the 'case of property owners and tenants, they shall have
16
standing to appeal to the circuit court only if they appeared at the
17
hearing before the eede enfereement board Special master and presented
18
evidence in substantial opposition to the final order of the beard special .
19
master. The appeal shall not be a hearing de novo but shall be limited to
20
appellate review of the record. An appeal shall be filed within 30 days
it 21
of rendition of the order.
22
23
k Notices. Notices shall be provided in the manner authorized b section
O P Y
24
162.12, Florida Statutes, as amended, entitled "Notices."
25
26
(1) Schedule of fines. Fines shall be imposed for violations of applicable
27
laws as provided below. A fine: shall not exceed $250 per day for a first
-28
violation and shall not exceed $500 p er day or a eat violation and
Y repeat
' 29
in addition, may include all costs of oversight of repairs, costs of
30
repairs, and costs, including reasonable attorneys fees, incurred at all
31
stages of proceedings defending appeals before the eade enf re °meat
1 32
board special master and in prosecuting orders entered by the be
33
special master. In` the event the board special master finds that a
34
violation presents a >serious threat to the public health, s: afety or welfare,
35
or the violation is irreparable or irreversible in nature „it may impose a
36
fine not to exceed $5,000 for each violation.
Additions shown by underlining and deletions shown by everstr-ig
i
Page 8 of 11
1
Z
3
FIRST
SECOND ADDITIONAL
4
OFFENSE
OFFENSE OFFENSES
5'-
6;
CLASS I ........................ $100.00'
$200.00 $400.00`
7
8
OVERGROWN LOTS
9
1 ILLEGAL SIGNS
10
ZONING IBLONS --
1 l
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
12
13
CLASS II $150.00 "$300.00
$400.00
14
15
OCCUPATIONAL LICENSE
16
ABANDONED /JUNKED VEHICLES
17
TRASH
18
GARBAGE
19
ANIMALS
20
COMM. VEHICLES IN RS ZONING DISTRICT
21
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
22
23
CLASS III $200.00
$325.00 $450.00
24
25
OVERGROWN VACANT LOTS
26
NOISE
27
ROW OBSTRUCTIONS
28
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
29
30
CLASS IV $300.00
$450.00 $500.00
31
32
TRIANGLE OF VISIBILITY
33
VACANT, UNSECURED BUILDING
34
OTHER,FBC VIOLATIONS
315
ZONING VIOLATIONSALLEGAL UNITS
3�6
CONSTRUCTION WORK WITHOUT PERMITS
37
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
3i8
39
CLASS,V $300.00
$500.00 $500.00
40
41
THREAT TO PUBLIC HEALTH, SAFETY & WELFARE
42
IRREPARABLE OR IRREVERSIBLE VIOLATIONS
43
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
44
45
46
Additions shown by underlining and deletions
shown by ev iking
Page 9 of l l
I (m) In determining the deviation, if any, from the scheduled fine, the
2 board special master shall consider the following factors ::
3 (l) The gravity of the violation.
4 (2) Actions taken by the violator to correct the violation.
5 (3) Previous violations committed by the violator.
6 (4) The benefit received by the violator from the violation.
7 (5) The violator's ability to pay.
8 (6) The deterrent effect to be achieved by the fine.
9
10
11
12
13 Section 3. All prior orders of the eede enf °meet hoar special master, and
14 all pending enforcement actions and 'lien foreclosure actions are ratified and are not
15 affected by this ordinance. This ordinance shall not apply to any notices of violation that
16 were issued prior to the effective date of this ordinance, except that actions to enforce
17 orders of the beard former City of South Miami Code Enforcement Board, or to foreclose
18 liens, resulting from the prior notices of violation, that are commenced after the effective
19 date of this ordinance shall comply with the procedures stated herein.
20`
21 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
22 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
23 shall not affect the validity of the remaining portions of this ordinance.
24
25 Section 5. All ordinances or parts of ordinances in conflict with the provisions
26 of this ordinance are repealed. All dinane°ss add— ressing re tree" ns on the " powers e
27
28
29' Section 6. This ordinance shall take effect immediately upon approval and be
30 published in the City's Code of Ordinances.
31
32
33 PASSED AND ADOPTED this day of 52003.
34
35 ATTEST: APPROVED:
36
37
38 ` CITY CLERK MAYOR
39
40 1" Readin g —
nd
—
4,1 2 Reading...
42
43 COMMISSION VOTE:
Additions shown by underlining and deletions shown by ever-
Page 10 of I I
I READ AND APPROVED AS TO FORM: Mayor Feliu:
2 Vice Mayor Russell:
3 Commissioner Wiscombe:
4 CITY ATTORNEY Commissioner Bethel:
5 Commissioner McCrea:
6
7
8
Additions shown by underlining and deletions shown by evexs4ilHdg
Page 11 of 11
v'mm r
Sour,
CITY OF SOUTH NIIAMI South Miami
o hrr M-AmedcaCfty
a,
Excellence, Integrity, Inclusion
•
INCORPORATED • �.
tsz� P
A p 2001
TO: Honorable Mayor, Vice Mayor DATE: February 4, 2003
& City Commission
FROM: Sanford A. You kilis ITEM No.l—b
Acting City Manager RE: Report and Recommendation on the
Creation of a Special master system.
Background
In recent weeks it has been brought to the attention of administration that the Code
Enforcement Board has waived or reduced significantly numerous fines which have a
financial impact on our past and present budgetary responsibilities.
To properly evaluate the events or circumstances and results of the cases that
the Code Enforcement Board heard. The Code Enforcement Division conducted a 64
month review of all the past cases and a survey on a Special Masters versus a CE Board
Board °(See attached summary by fiscal year).
I Breakdown of fines reduced or waived by the Board per fiscal year (see attachment).
A) 97/98= $ 7,380. D) 00/01= $ 8,939.
B) 98/99= $77,288. E) 01/02 = $ 98,435. Total $340,236.
C) 99/00 $15,040. F) 02/03 = $133,154. (Partial)
IL Special Master Survey (as of 1114/03).
A) The following municipalities have Special Master . instead of a Code Enforceme
nt Board.
Municipality
Board
Master
entura
KBal
Yes
Harbour
Yes
Harbour Island `
Yes
Biscayne Park
Yes
Homestead
Next Month
Miami Beach
Yes
North Bay Village
Yes
North Miami
* yes
Yes (both)
Sunny Isles Beach
Yes
Surfside
Yes
*North Miami has both systems in place.and they have no criteria for this system; each case
could be assigned to either depending on the workload (survey was conducted on /14/03).
Page Two
B) Questions on advantages and disadvantages of having a Special Master.
1) Who is the special Master?
a) An individual hired by the city with some type of accreditation or credentials, like an
attorney, retired or ex judge, architect, building inspector or building official.
2) Why a Special Master?
a) No quorum problem.
b) Additional convictions and revenue.
c) More consistency
3) What are the benefits to the city?
a) The Code Enforcement manager has fewer problems with the scheduling of all
the members.
b) Meetings are faster, because only one person has to agree; therefore faster
conclusion.
c) Where are the hearings conducted?
City Hall
4) How much is the average salary of the Special Master?
a) The City Manager hires and can negotiate the hourly rate.
b) Some cities pay an hourly rate between $25.00 to $50.00 per hour (for
attendance at hearings), which shall not exceed a total of eight (8) hours per
month, unless provided by the City Manager (City of North Miami). Others pay
a flat fee of $100.00 an hour, with a monthly cap of five (5) hours a month (City
of Miami Beach).
5) Does the city still need an attorney in the hearing ?'
a) Yes, presence is mandatory.
6) What is the role of the city attorney at the hearing?
a) They assume the role of a prosecutor, which is to present the case for the city.
Recommendation
It is recommended that the City consider eliminating the Code Enforcement Board and the
creation of a Special master system. City Code Chapter 2 (Sec. 2 -24) would have to be
amended by ordinance.
Attachments: Code Enforcement Fines/Liens Waived History/Copy of a letter from a Board menber
SAY /OMC
— wa'�- u- •;T;e', _ hJ'Ti.,w,`., :±i'`;t\ "�" .,.5 v`�3'2-mw;"Ch '`=e.
7103
I 501
JJ
yet• �,s
INTEROFFICE MEMORANDUM
TO: Sanford Youkilis, City Manager DATE: January 27 2003
Orlando Martinez, Asst. City Manager
FR: Eva Rosa, CE Off. Manager RE: FY'S 97 -98, 98 -99, 99 -00,
00 - -01, 01 -029 02 -03
CE Liens and fines Waived
FY 97 -98
CEB Meetings
Total cases of
fines waived
reduced
Total $- amount
of fines waived
reduced
Total $ amount
collected
10/16/97
2
$ 200
$ 0
11/20/97
1
75
0
01/15/98
2
200
680
03/19/98
4
5655
250
05/21/98
2
500
0
06/18/98
0
0
0
07/16/98
l
175
0
08/20/98
0
0
0
09/17/98
5
575
0-
TOTALS
1 17
1 $ 79380
$ 930
FY 98 -99
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
11/19/98
MIFM
1
$ 175
$ 0
1/21/99
0
0
0
3/18/99
4
17,448
43361
6/17/99
l
16,152
15500
8/19/99
0
0
0
9/16/99
3
43,513
1,500
TOTALS ,
9
$ 775288
$ 7,361
MIFM
_�E`» 9 . •TV ,. � ? �`5 .,. �YN{"Y`s`.�;� =rr�"i�" . ,r
l w{n"46j Y
FY 99 -00
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
1/20/00
2 -
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
1/20/00
2 -
$ " 10,280
$ 23,306
4/20/00
1
500
100
5/18/00
l `
175
100
6/15/00
1
25000
0
7/20/00
3
685
250
9/21/00
4
-13,400
50
TOTALS
12
$ 159040
$ 29806
FY 00 -01
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
2/15/01
2
$ 5,039
$ 0
9/20/01
9
3,900
625
TOTALS
11
$ 85939
$ 625
FY 01 -02
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
11/15/01
2
$ 325
$ 0
1/17/02
7
2,425
750
2/21 /02
1
400
0
4/18/02
8
90,450
15275
8/15/02
6
2,885
375
9/19/02
3
1,950
300
TOTALS
27
$ 98,4'35
$ 29700
FY' 02 -03
CEB Meetings,
Total cases of
fines waived
reduced _
Total $ amount
of fines waived'
reduced
Total $ amount
collected
11/1/02
1
$ 131,854
$ ` 3,000
1/16/03
7
1,300
300'
TOTALS
8
$ 133,154
$ 39300
2
L Breakdown of fines reduced or waived by
the Board (per fiscal year).
Total $ amount
Fines waived reduced
Total $ amount
From
To
A) 97/98 = $ 7,380
$ 930
B) 98/99 = 77,288
7,361
C) 99/00 = 15,040
2,806
_D) 00 /01 = 8,939
625
E) 01/02 _ 98,435
2,700
F) 02/03 = 133,154
3,300
TOTALS $ 340,236
$ 17,722
II. LIENS RECORDED
LIENS RELEASED
FY 98 -99 0
1 -
FY 99 -00 34
3
FY 00 -01 34
2
FY 01-02 74
17
FY 02 -03 (2- MONTHS) 30
8
TOTALS 172
31
3
-rim: Kenneth Feldman �kenesq @beli south. netl
ant: Monday, January 27, 2003 9 :11 PM
a: city manager
c: mary scott; martinez south Miami; dan mccrea; comm .dbethei @cityofsouthmiami.net;
object: from code enforcement member ken feldman. one letter attached.
To: City Commissioners, City Manager, City Attorney et al. 1/27/03
Re: Replacement of Code Enforcement Board
I have had the privilege of serving as a member of the code enforcement
board for the past several years and I would like to 'take a moment and give
you my reasons why I would support the hiring of a special master to
assume the responsibilities of the code enforcement board.
For many years, I served as a special master for several municipalities
similar to the city of south Miami and I strongly believe that having
a retired judge serve as special master for our community would be a
welcome and positive change. To begin, the use of having a single
individual serve as the hearing officer would alleviate the necessity and
often urgent problems associated with having to o: btain a last minute
quorum of the code enforcement board. I feel' strongly that
a retired judge serving as a special master would be able to judiciously
and impartially be able to assume these responsibilities in more effective
and, efficient manner. There is something to be said for.not having citizens
of the community serve as a board imposing fines and costs on
fellow neighbors. I have no doubt that the amount of the monies
collected would also increase by the use of a special master who would
not',be as, inclined to be lenient with the neighbors'.
For anyone who has watched the code enforcement hearings, there is no
question that the board members often engage 'man unnecessary and lengthy
`debate' with those seeking relief from the board. Replacing the board
with a more judicious official would not only obviate these debates but
create greater uniformity and consistency in the rulings.
I would be happy to speak to anyone further about these thoughts and would
welcome the opportunity to recommend several retired judges for this
position.
Respectfully,
Kenneth N. Feldman
6495 SW 72nd St.
Miami, Fl. 33143
South Miami
` aSk,S'g.t F I o r Id a
CITY OF SOUTH MIAMI
Excellence, Integrity, Inclusion
.. ,.
TO: Honorable Mayor, Vice Mayor Date: March 4, 2003
& City Commission
FROM: Sanford A. Youkilis V ITEM NO.
Acting City Manager RE: City Code Amendment
Special Master System
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT;
REPEALING IN ITS ENTIRETY SECTION 2 -24 OF THE CODE OF
ORDINANCES ENTITLED ` "CODE ENFORCEMENT BOARD' CREATING A
NEW SECTION 2 -24, ENTITLED "SPECIAL MASTER' INCLUDING
QUALIFICATIONS, POWERS OF AND COMPENSATION OF SPECIAL
MASTERS; REVISING SECTION 2 -25 ENTITLED "CODE ENFORCEMENT
PROCEDURES"; PROVIDING FOR APPEALS OF CODE ENFORCEMENT
VIOLATIONS TO SPECIAL MASTER; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
BACKGROUND
In recent` weeks` it has been brought to the attention of administration that the Code Enforcement
Board waived or reduced significantly numerous fines, which created a financial impact on past
and present budgetary responsibilities. Upon review of the City's Code of Ordinances, Chapter 2,
Section 2 -24, Code Enforcement Board, it was determined by the City Commission and City
Administration that the City would benefit from the establishment of a Special Master System.
The City Commission at its February 4, 2003 meeting accepted the recommendation of City
Administration to eliminate the Code Enforcement Board..'
The attached ordinance amends the City Code by eliminating the Code Enforcement Board
and creating a Special Master System. The duties and qualifications of the Special Master
System are included in the draft ordinance.
RECOMMENDATION
Approval on first reading is recommended.
Attachments:
Draft Ordinance
City Manager's Report, Feb. 4, 2003
Letter from CEB member
SAY /OCM /MST
VV;;-, ,.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT; REPEALING
IN ITS ENTIRETY SECTION 2 -24 OF THE CODE OF ORDINANCES ENTITLED
"CODE ENFORCEMENT BOARD"; CREATING 'A NEW SECTION 2 -24,
ENTITLED " SPECIAL MASTER' INCLUDING QUALIFICATIONS, POWERS OF
AND COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2 -25,
ENTITLED "CODE ENFORCEMENT ! PROCEDURES"; PROVIDING FOR
APPEALS OF CODE ENFORCEMENT VIOLATIONS TO ° SPECIAL MASTER;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, in recent weeks it has been brought to the attention of administration that
the Code Enforcement Board has waived or reduced significantly numerous fines and liens issued by the
City's Code Enforcement Officers; and
WHEREAS, due to the waiver or reduction of fines have had a negative financial impact on
past and present budgetary responsibilities; and
WHEREAS, the Code Enforcement; Board had difficulty meeting due to lack of quorum; and
WHEREAS, upon review of the history of the Code Enforcement Board and of Chapter 2,
Section 2 -24, entitled "Code Enforcement," of the City's Code of Ordinances, a determination was made
by the city commission and city administration that the City of South Miami would benefit, by the
elimination of the code enforcement board, and replace it with a special master system; and
WHEREAS, on Tuesday, February 0, 2003, the city commission accepted the recommendation
of city administration to eliminate the position of code enforcement board and replace it with a special
master system and to make all necessary changes to sections 2 -24 and 2 -25, of the City of South Miami's
Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 Sec 2 -24 of the Cily of South Miami code entitled "Code Enforcement Board"
is repealed in its entirety and is hereby replaced with a new Sec. 2 -24 entitled "Special Master''
and shall read:
Section 2 -24. Special Master
(a)Pursuant to the constitutional home rule powers granted to municipalities by the
Florida constitution and chapter 166 and section 162.22, Florida Statutes, the City
creates the position of Special Master for the city to enforce the occupational license
building, 'zoning sign and other related codes and ordinances of the city
and all ordinances of Miami -Dade County and statutes of the state of
Florida that the city is authorized to enforce.
(b) All procedure and conduct of hearings shall be as provided in sec. 2 -25 of this code.
The cfty attorney shall serve as counsel to the city in the defense of appeals to the special
master. The city attorney shall have the
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Page `1 of
i
power, upon approval by the city commission to initiate civil actions for declaratory
and injunctive relief, and orders to compel and to commence any other action to
enforce civil' fines correction orders and orders of the special master, and to
compromise and settle fines and penalties.
( c The special master shall have the powers to:
(1) Adopt by -laws and rules of procedure.
(2) Hear de novo appeals by alleged violators from civil citations; affirm in
whole or in part or reverse, the charge of violation; and affirm or modify
the order of corrections and fine levied in the citation.
(3) Subpoena and swear witnesses.
(4) Take evidence' under' oath.
(5) Issue orders having the force of law to command action to correct a
violation.
(6) To assess costs including reasonable attorney's fees, against violators in
proceedings before the special master and to enforce compliance with
citations and orders of the special master.
(7) Authorize the cjjy attorney to request the issuance of inspection warrants.
(8) Perfect liens and foreclose liens.
(9) Initiate' civil actions for declaratory and injunctive relief, order to
compel and take any other civil action in its own name, upon approval
by the citycommission, to enforce applicable laws against violators.
(10) Compromise and settle fines and penalties.
(11) Take any action that is necessary to effectuate the powers of the special
master consistent with the intent of sec. 2 -24 and sec. 2 -25.
(d) Appointment of a special master upon recommendation of the cijy manager with a
majority vote from the city commission who will appoint a designated person for
this particular position and who shall be authorized to hold hearings impose uphold
and/or mitigate fines liens and 'other non criminal penalties against violators of city
and /or county codes and ordinances.
U Qualifications for special master
1) Be a retired Florida Judge;
2) A member in mood standing of the Florida Bar, with at least ten year's
experience in zoning land use code enforcement, or real estate transactions or
litigation;
3) A Florida licensed real estate broker in good standing, licensed for at least five
5 ears
4) No more than three (3) special masters shall be appointed for service for and
(1) year period.
t Term. A Wecial master's term of appointment shall be limited to one (1) year. A
special master may be reappointed as provided for under subsection (d). If a special
i
master is unable to hear a case due to conflict of interest or any other reason, the case
shall be assigned to another special master.
Removal of special master. The city commission at its sole discretion may remove a
special master from office at an tie.
I
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Page 2 of 8
Compensation. A special master shall be compensated at a rate not to exceed
$100.00 per hour for attendance at hearings and preparation of orders of the special
master..
Section 2. Sec. 2 -25 of the City of South Miami code is created to read:
Sec. 2 -25. Code enforcement procedures.
(a) Code enforcement officers.
(1) , Code enforcement officers are charged with enforcing the occupational
license, building, zoning, sign, and other related codes and ordinances of the
city and all ordinances of Miami -Dade County and statutes of the state of
Florida that the city is authorized to enforce.
(2) A "code enforcement officer" means any designated employee or agent,
including, but not limited to, code inspectors and police officers, of the city
whose duty it is to enforce the applicable laws.
(b) Civil offenses. The violation of any applicable law shall constitute a civil offense
punishable by civil penalty in the amount prescribed in the schedule of fines
included in this section. Failure to correct a violation, pay an administrative fee and
fine, or otherwise comply with lawful direction by the code enforcement officer or
order of the eede '°~f^~^°mefft boar- special master may subject a violator and, or,
property owner to civil actions 'taken in the name of the eerie enf feeme t beaf�'
special master, upon approval by the city commission, for, including, but not limited
to, declaratory and injunctive relief, order to abate ' -a nuisance, to take - corrective
action, to compel payment, to foreclose a lien on the property that is subject to the
citation or order, or to foreclose a lien on any personal or other real property of the
violator, or to take any other civil action to compel compliance. The city is
authorized to withhold the issuance of any occupational license, land use and
development approvals,' including, but not limited to, zoning amendment, special
exception, variance, building permit, final inspection approval, and temporary or
final certificate of occupancy and use until the violation is corrected.
(c) Citations.
(1) A code enforcement officer is authorized to issue a civil citation to a person
when, based upon personal investigation, the officer has reasonable cause to
believe that the person has committed a civil violation of an applicable law.
(2) A citation shall contain:
L The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time the violation was committed.
4. The facts constituting reasonable cause.
5. The section or paragraph of the applicable law violated.
6. The name and authority of the code .enforcement officer.
' 7. The procedure for the person to follow in order to correct the violation
and to request in writing a compliance inspection by the code enforcement
officer.
8. The procedure for the person to follow in order to pay the civil penalty or
to contest the citation.
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Page 3 of 8
qg-
r,
9. A statement that if the person elects to appeal the citation a penalty of up
to $500 per day may be imposed upon a determination that a violation was
committed.
10. The applicable civil penalty if the person elects not to appeal the citation.
11. Whether the civil penalty is a one time fine and or daily continuing fine.
12. 'A statement that if the person fails to pay the civil penalty within the time
allowed, or fails to appeal the citation, the person shall be deemed to have
waived his or her right to contest the citation and that a lien may be
recorded against the property and the citation may be enforced by
initiating an enforcement action in county court.
(3) Continuing fines may be imposed for those violations which remain uncorrected "
beyond the prescribed time period for correction included in the civil
infraction notice. For each day of continued violation after the time period for
correction has run, an additional penalty in the same amount as the fine for the
original violation shall be added.
(4) In cases of a repeat violation, or if the code enforcement officer has reason to
believe that the violation presents a serious threat to the public health, safety
or welfare, or if the violation is irreparable or irreversible, the code
enforcement officer does not have to provide the ;person with a reasonable
time period to correct the violation ,prior to issuing a citation, and may
immediately issue a citation and require' immediate corrective' action.
(5) A "repeat violation" means a violation of the same law at the same address by a
person, or by someone in contractual privity with the person, or by a member
of the person's immediate family, such as the person's mother, father, brother,
sister, son, daughter, or by someone residing with the person, within the past
five years.
(6) In cases where a violation presents a serious threat to the public health, safety or
welfare, the code enforcement officer may also request a special meeting of
the special master and the city manager for the
purposes correcting the violation by, among other things, providing oversight
of the corrective action by the violator or property owner, undertaking
corrective action by the city in response to the violation, and authorizing legal
action against the violator and, or, property owner.
(d) Notice of civil infraction. Prior to issuing a citation, the code enforcement officer
shall give a civil infraction notice as a courtesy to the person that a violation of an
applicable law has been committed and shall establish a reasonable ` time period
within which the person must correct the violation. Where the violator is not the
owner of the real property on which the violation occurs, the code enforcement
officer may also give notice to the owner or to the owner's agent or representative.
The time period to correct the violation shall not exceed 30 days. If, upon personal
investigation, a code enforcement officer finds that the person has not corrected the
violation within the time period specified in the civil infraction notice, the code
enforcement officer shall issue a citation to the person who has committed the
violation, and may issue a citation' of the owner of the real property, or to the
owner's agent or representative.
(e) Criminal penalty for willful refusal to sign and accept citation. Any person who
willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the
second degree, punishable as provided in § 775.082 or § 775.083, Florida
Statutes.
(f) Appeals to eerie ea fer- eement War- special master.
(1) A violator who has been served with a "civil citation shall elect to either:
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Page 4 of 8
1. Pay the civil penalty in the manner indicated on the citation and to immediately
correct the violation; or
2. Request a`hearing before the code enf r-ce °„+ board special master to appeal the
determination of the code enforcement officer which resulted in the issuance of the
civil citation.
( 2 ) An appeal to the eerie °^fer -ee ent beafd special master shall be accomplished
by filing a written request with the code enforcement division of the building
department,' identifying the citation by the citation number or by the address
indicated on the citation, no later than 20 days after the service of the citation.
(3)Upon receipt of a timely request for a hearing, the code enforcement division will
schedule the appeal on the agenda for the next regularly scheduled meeting of the
special master. A notice of hearing will be mailed by
certified mail to the alleged violator's last known address and, or, to the address of
the property owner that appears on the tax records.
(g) Hearings before eede en fe e ent b,.af special master.
(1) All hearings' before the te ,e— efifer-eement beaRa special :master shall be
conducted as quasi-judicial hearings. All witnesses shall be sworn to tell the
truth under penalty of perjury. Although the Florida Rules of Evidence shall
not be applied to the proceedings strictly, due process and fundamental fairness
shall be accorded to all alleged violators. Hearsay testimony may be considered
to give weight or credibility to other evidence, but no order` shall be entered
based solely on hearsay testimony.
(2) In determining appeals, the beams special master shall determine whether:
1. The person and, or, the property owner were properly served with the civil
citation and notice of hearing.
2. The citation adequately identifies facts constituting reasonable cause and the
section or paragraph of the applicable law violated.
3. The beard special master shall consider all the evidence presented during
the hearing.
(3) The record shall consist of the code enforcement file, the testimony of the code
enforcement officer who issued the civil citation and any other evidence
accepted by the beafd special master.
(4)- The special master shall base its determination on
substantial, competent evidence in the record and shall issue an order containing
a statement of facts, conclusions of law and order. The order may affirm in
whole or in part, or reverse, the charge of violation, affirm or modify the fine
levied in the ticket, direct additional corrective action by the violator and, or,
property owner, request corrective action' by the city, include the cost of repairs
incurred, or that might be incurred by the city, in correcting the violation,
request the initiation of enforcement proceedings and take any other action
consistent with the powers of the bear special master.
(5') An audiotape and written minutes summarizing the actions of the beard special
master shall be made.
" (h) Enforcement of orders and liens.
(1) At any time, the eerie enfer- eemefA beat special master, upon its own, at the
direction of the city' commission, or upon request of any person, may direct the
enforcement of its orders, and respond to a serious threat to the public health,
safety or welfare.
(2) In any action to enforce an order of the eede ef&feefnef4 special master
or foreclose a lien, the prevailing party shall be entitled to an order against the
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Page 5 of 8
other party awarding its reasonable attorney's fees incurred in all stages of the
proceeding, and costs.
(i) Liens; priority and foreclosure of liens.
(1) A certified copy of an order imposing a fine may be recorded in the public
records of Miami -Dade County and shall, upon recording, ,constitute a lien
against the land on which the violation exists and upon any other real or
personal property owned by the violator.
( 2 ) Liens shall be enforced by foreclosure in circuit court and subject to the
provisions contained in subsection 162.09(3), Florida Statutes, as amended;
provided, however, that the lien shall have the same priority, effect and duration as a
special assessment lien. Liens shall have a duration of 20 years.
0) Appeals. An aggrieved party, including the violator, property owner, local
governing body, and property owners and tenants within 300 feet of the property
that is subject to an order of violation by the eede efiforeement beafd special master,
may appeal the final order to the circuit court. In the case of property owners and
tenants, they shall have standing to appeal to the circuit court only if they appeared
at the hearing before the eede enf feefnef4 board special master and presented
evidence in substantial opposition to the final order of the special master. The
appeal shall not be a hearing de novo but shall be limited to appellate review of the
record. An appeal shall be filed within 30 days of rendition of the order.
(k) Notices. Notices shall be provided in the manner authorized by section 162.12,
Florida Statutes, as amended, entitled "Notices."
(1) Schedule of fines. Fines shall' be imposed for violations of applicable laws as
provided below. A fine shall not exceed $250 per day for a first violation and shall
not exceed $500 per day for a repeat violation, and, in addition, may include all
costs of oversight of repairs, costs of repairs, and costs, including reasonable
attorneys fees, incurred at all stages of proceedings defending appeals 'before the
ede °tif r-ee °.,* bear- special master and in prosecuting orders entered by the
board special master. In the event the board special master finds that a violation
presents a ,serious threat to the ',public health,'_ safety or welfare, or the violation is
irreparable or irreversible in nature, it may impose a fine not to exceed $5,000° for
each violation.
FIRST
SECOND
ADDITIONAL
OFFENSE
OFFENSE
OFFENSES
CLASS I ...................... $100.00
$200.00
$400.00
150.00
300.00
500.00
OVERGROWN LOTS
ILLEGAL SIGNS
ZONING VIOLATIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS II $150.00
$300.00
$400.00
200.00
400.00
500.00
OCCUPATIONAL LICENSE
ABANDONED /JUNKED VEHICLES
TRASH
GARBAGE`
ANIMALS
COMM. VEHICLES IN RS ZONING DISTRICT
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
_
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Page 6 of 8
F P777
CLASS III ` $200.00
$325.00
$450.00.
250.00
500.00
500.00
OVERGROWN VACANT LOTS
NOISE
ROW OBSTRUCTIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS IV $300.00
$450.00
$500.00
350.00
700.00
700.00
TRIANGLE OF VISIBILITY
VACANT; UNSECURED BUILDING
OTHER FBC VIOLATIONS
ZONING VIOLATIONSALLEGAL UNITS
CONSTRUCTION WORK WITHOUT PERMITS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS V $300.00
$500.00
$500.00
500.00
700.00
1,000.00
THREAT TO PUBLIC HEALTH, SAFETY & WELFARE
IRREPARABLE OR IRREVERSIBLE VIOLATIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
(m) In determining the deviation, if any, from the scheduled fine, the beams special
master shall consider the following factors:
(1) The gravity of the violation.
(2) Actions taken by the violator to correct the violation.
(3) Previous violations committed by the violator.
(4) The benefit received by the violator from the violation.
(5) The violator's ability to pay.
(6) The deterrent effect to be achieved by the fine.
Section 3. All prior orders of the eade °fif reement boat' special master, and all pending
enforcement actions and lien foreclosure actions are ratified and are not affected by this ordinance. This
ordinance shall not apply to any notices of violation that were issued prior to the effective date of this
ordinance, _ except that actions to enforce orders of the beams' former City of South Miami Code
Enforcement Board, or to foreclose liens,' resulting from the prior notices of violation, that are
commenced after the effective date of this ordinance shall comply with the procedures stated herein.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
bay to , .Y. fines fia t4l tmoo b" i ti o repealed.
Section 6. This ordinance shall take effect immediately upon approval and be published in
the City's 'Code 'of Ordinances.
PASSED AND ADOPTED this _ day of , 2003.
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Page.? of 8
ATTEST: APPROVED:
CITY CLERK MAYOR
1St Reading -
2nd Reading —
COMMISSION? VOTE:
READ AND APPROVED AS TO FORM: Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner McCrea:
0,din k Special Master 2003 Upd.wd 2/2003
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Page 8 of 8
i ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO CODE ENFORCEMENT; REPEALING
5 IN ITS ENTIRETY SECTION 2 -24 OF THE CODE OF ORDINANCES ENTITLED
6 "CODE ENFORCEMENT BOARD "; CREATING A NEW SECTION 2 -24,
7 ENTITLED "SPECIAL MASTER'';; INCLUDING QUALIFICATIONS, POWERS OF
8 AND COMPENSATION OF SPECIAL MASTERS; REVISING SECTION 2 -25,
9 ENTITLED "CODE ENFORCEMENT PROCEDURES"; PROVIDING FOR
10 APPEALS OF CODE ENFORCEMENT VIOLATIONS TO ' SPECIAL MASTER;
I1 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
12 EFFECTIVE DATE.
13
14 WHEREAS, in recent weeks it has been brought to the attention of administration that
15 the Code Enforcement Board has waived or reduced` significantly numerous fines and liens issued by the
16 City's Code Enforcement Officers; and
17
18 ' WHEREAS, due to the waiver or reduction of fines have had a negative financial impact on
19 past and present budgetary responsibilities; and
20
21 - WHEREAS, the Code Enforcement' Board had difficulty meeting due to lack of quorum; and
22
23 WHEREAS, upon review of the history of the Code Enforcement Board and of Chapter 2,
24 Section 2 -24, entitled "Code Enforcement, of the City's Code of Ordinances, a determination was made
25 by the city commission and city administration that the -City of South Miami would benefit by the
26 elimination of the code enforcement board, and replace it with a special master system; and
27
28 WHEREAS, on Tuesday, February 4th, 2003, the city commission accepted the recommendation
29 of city administration to eliminate the position of code enforcement board and replace it with a special
30 ` master system and to make all necessary changes to sections 2 -24 and 2 -25, of the City of South Miami's
31 Code of Ordinances.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
34 THE CITY OF SOUTH MIAMI, FLORIDA:
35`
36 Section 1. Sec. 2 -24 of the City' of South Miami code entitled "Code Enforcement Board"
37 is repealed in its entirety and is hereby replaced with a new Sec. 2-24 entitled "Special Master"
38 and shall read:
39
40
41 Section 2 -24. Special Master
42 (a)Pursuant to the constitutional home rule powers granted to municipalities by the
43 Florida constitution, and chapter '166 and section 162.22, Florida Statutes, the City
44 creates the position of Special Master for the city to enforce the occupational license,
45 building zoning, sign, and other related codes and ordinances of the city
46 and all ordinances of Miami -Dade County and statutes of the state of
47 Florida that the city is authorized to enforce.
48
49 (b) All procedure and conduct of hearings shall be as provided in sec. 2 -25 of this code.
50 The city attorney shall serve as counsel to the city in the defense of appeals to the special
51 master. The city attorney shall have the
52
53
54
55
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Pagel of 8
1
2
3
4
5
power; upon approval by the city commission, to initiate civil actions for declaratory
6
and injunctive relief, and orders to compel, and to commence any other action to
7
enforce civil fines, correction orders and orders of the special ' master, and to `
8
compromise and settle fines and penalties.
9
10`
( c The master shall have the powers to:
it
12
(1) Adopt by-laws and rules of procedure.
13
(2) Hear de novo appeals by alleged violators from civil citations; affirm in
14 -
whole or in part, or reverse, the charge of violation; and affirm or modify
15
the order of corrections and fine levied in the citation.
16
(3) Subpoena and "swear witnesses.
17
(4) Take evidence under oath.
18
(5) Issue orders having the force of law to command action to correct a
19
violation.
20
(6) To assess costs, including; reasonable attorney's fees, against violators in
21
proceedings before the special master and to enforce compliance: with
22
citations and orders of the special master. ;
23
(7) Authorize the city attorney �quest the issuance of inspection warrants.
24
(8) Perfect liens and foreclose liens.
25
(9) Initiate civil actions for declaratory and injunctive relief, order to
26
compel, and take any other civil action in its own name, upon approval
27
b the he city commission, to enforce applicable laws against violators.
28
(10) Compromise and settle fines and penalties.
29
( 11) Take any action that is necessary to effectuate the powers of the s ecial
30
master consistent with the intent of sec. 2 -24 and sec. 2 -25.'
31
32
(d) Appointment of a special master upon recommendation of the city manager with a
33
majority `vote from the city commission who will appoint <a designated ` person for
34
this particular position and who 'shall be authorized to hold hearings, impose, uphold
35
and /or mitigate fines, liens, and other non criminal penalties against violators of city
36
and /or county codes and ordinances.
37
38
(e) Qualifications for special master:
39
40
1) Be a retired Florida Judge;
41
2) A member in good `, standing of the Florida Bar, with at least ` ten
42
,year's
experience in zoning, land use, code' enforcement, ° or real estate transactions or
43
litigation;
44
3) 'A Florida licensed real estate broker in good standing, licensed for at least five
45
5 ears
46
4) No more than three (3)special masters shall be appointed for service for any one
47
(1) year period.
48
49
(f Term. A special' master's term of appointment shall be limited to one '(1) year. A
50
special master may be reappointed as provided' for under subsection (d). If a special
51
master is unable to hear a case due to conflict of interest or any other reason the case
52
shall be assigned to another special master.
53
54
(g) Removal of special master. The city commission at its sole' discretion may remove a
55
special master from office at any time.
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Page 2 of 8
1
2 (_h) Compensation. A special master shall be compensated at a rate not to exceed
3 $100.00 per hour for attendance at hearings and preparation of orders of the special
4 master..
5
6 Section 2. Sec. 2-25 of the City of South Miami code is created to read:
7
8 Sec. 2 -25. Code enforcement procedures.
9
10 (a) -Code enforcement officers.
11 `
12 (1) _ Code enforcement officers are charged with enforcing the occupational
13 license, building, zoning, sign, and other related codes and ordinances of the
14 city and all ordinances of Miami -Dade County and statutes of the state of
15 Florida that the city is authorized to enforce.
16 (2) A "code enforcement officer" >means any designated employee: or agent,
17 including, but not limited to, code inspectors and police officers, of the city
18 whose duty it is to enforce the applicable laws.
19
20 (b) Civil offenses. The violation of any applicable law shall constitute a civil offense
21 punishable by civil penalty in the amount prescribed ' in the schedule of fines
22 included in this section. Failure to correct a violation, pay an administrative fee and
23 fine, or otherwise comply with lawful direction by the code enforcement officer or
24 order of the eede enf °, ent board special master may subject a violator and, or,
25 property owner to civil actions taken in the name of the Bode enforeement be
26 special master, upon approval by the city commission, for, including, but not limited
27 ` to, declaratory and injunctive relief, order to abate a nuisance, to take corrective
28 action, to compel ,payment, to foreclose a lien on the property that is subject to the
29 citation or order, or to foreclose a lien on any personal or other real property of the
30 violator, or to take any other civil action to compel compliance. The city is
31 authorized to withhold the issuance of any occupational license, land use and
32 development approvals, including, but not limited to, zoning amendment, special
33 exception, variance, building permit, final inspection approval, and temporary or
34 final certificate of occupancy and use until the violation is corrected.
35
36 (c) ,Citations.
37
38 (1) A code enforcement` officer is authorized to issue a civil citation to a person
39 when, based upon personal investigation, the officer has reasonable cause to
40 believe that the person has committed a civil violation' of an applicable law.
41 (2) A citation shall contain:
42 1. The date and time of issuance.
43 2. The name and address of the person to whom the citation is issued.
44 3. The date and time the violation was committed.
45 4. The facts constituting reasonable cause.
46 5. The section or paragraph of the applicable law violated.
47 6. The name and authority of the code enforcement officer.
48 7. The procedure' for the person to follow in order to correct the violation
49 and to request in writing a compliance inspection by the code enforcement
50 officer.
51 8. . The procedure for the person to follow in order to pay the civil penalty or
52 to contest the citation.
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Page 3 of 8
l
9. A statement that if the person elects to appeal the citation a penalty of up
2
to $500 per day may be imposed upon a determination that a violation was
3
committed.
4
10. The applicable civil penalty if the person elects not to appeal the citation.,
5
11. Whether the civil penalty is a one time fine and or daily continuing fine.
6
12. A statement that if the person fails to pay the civil penalty within the time
7
allowed, or fails to appeal the citation, the person shall be deemed to have
8
waived his or her right to contest the citation and that a lien may be
9
recorded against the property and the citation may be enforced by
10
initiating an enforcement action in county court.
11
(3) Continuing fines may be imposed for those violations which remain uncorrected
12
beyond the prescribed time period for correction included in the civil
13
infraction notice. For each day of continued violation after the time period for
14
correction has run, an additional penalty in the same amount as the fine for the
15
original violation shall be added.
16
(4)` In cases of a'repeat violation, or if the code enforcement officer has reason to
17
believe that the violation presents a serious threat to the public health, safety
18
or welfare, or if the violation is irreparable or irreversible, the code
19
enforcement officer does not have to provide the person with a reasonable
20
time period to correct the violation prior to issuing a citation, and may
21
immediately issue a citation and require immediate corrective action.
22
(5) A "repeat violation" means :a violation of the same law at the same address by
23
person, or by someone in contractual privity with the person, or by a member
24
of the person's immediate' family, such as the person's mother, father, brother,
25
sister, son, daughter, or by someone residing with the person, within the past
26
five years.
27
(6) In cases where a violation presents a serious threat to the public health, safety or
28
welfare, the code enforcement officer may also request a special meeting of
29
the eode enf ve °ment bear- special master and the city manager for the
30
purposes correcting the violation' by, among other things, providing oversight
31
of the corrective action by the violator or property owner, ; undertaking
32
corrective action by the city in response to the violation, and authorizing legal
33
action against the violator and, or, property owner.
34
35,
(d) Notice of civil infraction. Prior to issuing a citation, the code enforcement officer
36
shall give a civil infraction notice as a courtesy to the person that a violation of an
37
applicable law has been committed and shall establish a= reasonable time period
38
within which the person must correct the violation. Where the violator is not the
39
owner of the real property on which the violation occurs, the code enforcement
40
officer may also give notice to the owner or to the owner's agent or representative.
41
The time period to correct the violation shall not exceed 30 days. If, upon personal
42
investigation, a node enforcement officer finds that the person has not corrected the
43
violation within the time period specified in the civil infraction notice, the code
44
enforcement officer shall issue a citation to the person who has committed the
45
violation, ; and may issue a citation of the owner of the real property, or to the
46
owner's agent or representative.
47
48
(e) Criminal penalty for willful refusal to sign and accept citation. Any .person who
49
willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the
50
second degree, punishable as provided in § 775.082 or § 775.083, Florida
51
Statutes.
52
'(f) Appeals to eede enf , eeme"* board special master.
53
54
(1) A violator who has been served with a civil citation shall elect to either:
Additions shown by underlining and deletions show by ~raking,
Page 4 of 8
1
1. Pay the civil penalty in the manner indicated on the citation and to immediately
2,
correct the violation; or
3
2. Request a hearing before the eade enf .,.°,fient boar- a special master to appeal the
4
determination of the code enforcement officer which resulted in the issuance of the
5
civil citation.
6
7,
( 2 ) An appeal to the eode enfe eeme '* board special master shall be accomplished
8
by filing a' written request with the code enforcement division of the building
9-
department, identifying the citation by the citation number or by the address
10
indicated on the citation, no later than 20 days after the service of the citation.
11
(3)Upon receipt of a timely request for a hearing, the code enforcement division will
12
schedule the appeal on the agenda for the next regularly scheduled meeting of the
13
special master. A notice of hearing will be mailed' by
14
certified mail to the alleged violator's last known address and, or, to the address of
15
the property owner that appears on the tax records.
16
17
(g) Hearings before special master.
18
19
(1) All hearings ; before the special master shall be
20
conducted as quasi-judicial ' hearings. All witnesses shall be sworn to tell the
21
truth under penalty of perjury. Although the Florida Rules of Evidence shall
22`
not be applied to the proceedings strictly, due process and fundamental fairness
23
shall be accorded to all alleged violators. 'Hearsay testimony may be considered
24
to give weight or credibility to other evidence,, but no order shall be entered
25 `
based solely on hearsay testimony.
26
(2) : In determining appeals, the 'beard special master shall determine whether:
27
1. The person and, .or, the property owner were properly served with the civil
28
citation and notice of hearing.
29
2. The citation adequately identifies facts constituting reasonable cause and the
30
section or paragraph of the applicable law violated.
31
3. The beard special master shall consider all the evidence presented during
32
the hearing.
33
(3)` The record shall consist of the code enforcement file, the testimony of the code
34
enforcement ` officer who issued the civil citation and any other evidence
35
accepted by the beaf special master.
36
(4) : The eerie enf feement burn special master shall ; base its determination on
37
substantial, competent evidence in the record and shall issue an order containing
38
a statement of facts,' conclusions of law and order. The order may affirm in
39
whole or in part, or reverse, the charge of violation, affirm or modify the fine
40
levied in the ticket, direct additional corrective action by the violator and, or,
41
property owner, request corrective action by the city, include the cost of repairs
42
incurred, or that might be incurred by < the city, in correcting the violation,
43
request the initiation of enforcement proceedings and take any other action
44
consistent with the powers of the beard special master.
45
(5) An audiotape and written minutes summarizing the actions of the beafd special
46
master shall be made.
47
48
(h) Enforcement of orders and liens.
49
(1) At any time, the eerie °^fer-eement beat special master, upon its own, at the
50
direction of the city commission, or upon request of any person, may direct the
51
enforcement of its orders, and respond to a serious threat to the public health,
52
safety or welfare.
53
(2) In any action to enforce an order of the eade °fif feemen+'- -- °-a special master
54
or foreclose a lien, the prevailing party shall be entitled to an order against the
Additions shown by underlining and deletions show by over striking.
Page 5 of 8
I other party awarding its reasonable attorney's fees incurred in all stages of the
2 proceeding, and costs.
3
4 (i) Liens; priority and foreclosure of liens.
5 (1) ,A certified copy of an order imposing a fine may be recorded in the public
6 records of Miami -Dade County and shall, upon recording,; constitute a lien
7 against the land on ` which the violation exists and upon any other real or
8 personal property owned by the violator.'
9
10 ( 2 ) Liens shall be enforced by foreclosure in circuit court and subject to the
11 provisions contained in subsection 162.09(3), Florida Statutes, as amended;
12 provided, however, that the lien shall have the same, priority, effect and duration as a
13 special assessment lien. Liens shall have a duration of 20 years.
14
15 (j) Appeals. An aggrieved party, including , the violator, property owner, local
16 governing body, and property owners and tenants within 300 feet of the property
17 that is subject to an order of violation by the eade enf feement beafd special master,
18 may appeal the final order to the circuit court. In the case of property owners and
19 tenants, they shall have standing to appeal to the circuit court only if they appeared
20 at the hearing before the eede enf reement` bee&a` special master and presented
21 evidence in substantial opposition to the final order of the beard special master. The
22 appeal shall not be a hearing de novo but shall be limited to appellate review of the
23 record. An appeal shall be filed within 30 days of rendition of the order.'
24
25 (k) Notices. Notices shall be provided in the manner' authorized by section 162.12,
26 Florida Statutes, as amended, entitled "Notices."
27
28 (1) Schedule of fines. Fines shall be imposed' for violations of .applicable laws as
29 provided below. A fine shall not exceed $250 per day for a first violation and shall
30 not exceed $500 per day for a repeat violation, and, in addition, may include all
31 costs of oversight of repairs, costs of repairs, and costs, including reasonable
32 attorneys fees, incurred at all stages of proceedings defending appeals before the
33 eerie enf reeffie t beard- special master and ` in prosecuting orders entered by the
34 beafd special master. In the event the beams special master finds that a violation
35 presents a serious threat to the public health, safety or welfare, or the violation is
36 irreparable or irreversible in nature, it may impose a fine not to exceed $5,000' for
37 each violation.
38
FIRST SECOND ADDITIONAL
OFFENSE OFFENSE OFFENSES
CLASS I ........................ $100.00 $200.00 $400.00
150.00 300.00 500.00
OVERGROWN LOTS
ILLEGAL SIGNS
ZONING VIOLATIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS II $150.00 $300.00 $400.00
200.00 400.00 500.00
OCCUPATIONAL LICENSE
ABANDONED /JUNKED VEHICLES
TRASH
GARBAGE,
ANIMALS''
COMM. VEHICLES IN RS ZONING DISTRICT
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
Additions shown by underlining and deletions show by over
Page 6 of 8
CLASS III $200.00
$325.00
$450.00
250.00
500.00
500.00
OVERGROWN VACANT LOTS
NOISE
ROW OBSTRUCTIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS IV $300.00
$450.00
$500.00-
350.00
700.00
700.00`
TRIANGLE OF VISIBILITY
VACANT, UNSECURED BUILDING
OTHER FBC VIOLATIONS
ZONING VIOLATIONS /ILLEGAL -UNITS
CONSTRUCTION WORK WITHOUT PERMITS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
CLASS V $300.00
$500.00
$500.00
500.00
700.00
1,000.00
THREAT TO PUBLIC HEALTH, SAFETY & WELFARE
IRREPARABLE OR IRREVERSIBLE VIOLATIONS
OTHER VIOLATIONS OF EQUIVALENT GRAVITY
1
2 (m) In determining the deviation, if any, from the scheduled fine, the beam special
3 master shall consider the following factors:
4 (1) The gravity of the violation.
5 (2) Actions taken by the violator to correct the violation.
6 (3) Previous violations committed by the violator.
7 (4) The benefit received by the violator from the violation.
8 (5) The violator's ability to pay.
9 (6) The deterrent effect to be achieved by the fine.
10
11 Section 3. All prior orders of the eede enf re°mefft board special master, and all pending
12 enforcement actions and lien foreclosure actions are ratified and are not affected by this ordinance. This
13 ordinance shall not apply to any notices of violation that were issued prior to the effective date of this
14 ordinance, except that actions to enforce orders of the beam ' former City of South Miami Code
15 Enforcement Board, or to foreclose liens, resulting from the prior notices of violation, that are
16 commenced after the effective date of this ordinance shall comply with the procedures "stated herein.
17
18 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
_ 19 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
20 validity of the remaining portions of this ordinance.
21
22 Section 5. All ordinances or parts of ordinances in conflict with the 'provisions of this
All d as •1 t th
23 ordinance are repealed. _ _ __ __ _ _ __ __ _ ____ f *h_ eode
24 h-A--Rr--d to peempr-emise fines and settle legal aetions are repealed.
25
26 Section 6. This ordinance shall take effect immediately upon approval and be published in
27 the City's Code of Ordinances.
28
29
30 PASSED AND ADOPTED this _ day of )2003.
31
Additions shown by underlining and deletions show by °P� °_ . t.
Page 7 of 8 `
I
ATTEST:
APPROVED:
2
3
4
CITY CLERK
MAYOR
5
6
1" Reading —
7
2"d Reading —
8
9
COMMISSION VOTE:
10
READ AND APPROVED AS TO FORM:
Mayor Feliu:
11
Vice Mayor Russell:
12
Commissioner Wiscombe:
13
CITY ATTORNEY
Commissioner Bethel:
14
Commissioner McCrea:
15
lb
17
18
19
Ordinance Special MW 2003 Updated 212003
Additions shown by underlining and deletions show by ewer W.
Page 8 of 8
S0 UT CITY OF SOUTH MIAMI South Miami
°r NI- AmericaCity
3 Excellence, Integrity, Inclusion
INCORPORATED g
1927
�CORY�P 2001
TO: Honorable Mayor, Vice Mayor DATE: February 4, 2003
& City Commission
FROM: Sanford A. Youkilis ITEM No.
Acting City Manager 4 a RE: Report and Recommendation on the
0 Creation of a Special master system.
Background
In recent weeks it has been brought to the attention of administration that the Code
Enforcement Board has waived or reduced significantly numerous fines which have a
financial impact on our past and present budgetary responsibilities.
To properly evaluate the events or circumstances and results of the cases that
the Code Enforcement Board heard. The Code Enforcement Division conducted a 64
month review of all the past cases and a survey on a, Special Masters versus a CE Board
Board (See attached summary by fiscal year).
I Breakdown of fines reduced or waived by the Board per fiscal year (see attachment).
A) 97/98= $ 7,380. D) 00 /01= $ 8,939.
B) 98/99= $77,288. E) 01/02 $ 98,435. Total $340,236.
C)' 99/00= $15,040. F) 02/03= $133,154. (Partial)
IL Special Master Survey (as of 1/14/03).
A) The following municipalities have Special Master instead of a Code Enforcement Board.
Municipality
Board
Master
Aventura
Yes
Bal Harbour
Yes
Bat Harbour Island
Yes
Biscayne Park
Yes
Homestead
Next Month
Miami Beach
Yes
North Bay Village
Yes
North Miami
*yes
Yes (both)
Sunny Isles Beach
Yes
Surfside
Yes
*North Miami has both systems in place and they have no criteria for this system; each case
could be assigned to either depending on the workload (survey was conducted on 1 /14/03):
�..,..
Page Two
B) Questions on advantages and disadvantages of having a Special Master.
1) Who is the special Master?
a) An individual hired by the city with some type of accreditation or credentials, like an
attorney, retired or ex judge, architect, building inspector or building official.
2) Why a Special Master?
a) No quorum problem.
b) Additional convictions and revenue.
c) More consistency
3) What are the benefits to the city?
a) The Code Enforcement manager has fewer problems with the scheduling of all
the members.
b) Meetings are faster, because only one person has to agree; therefore faster
conclusion.
c) Where are the hearings conducted?
City Hall
4) How much is the average salary of the Special Master?
a) The City Manager hires and can negotiate the hourly rate.
b) Some cities pay an hourly rate between $25.00 to $50.00 per hour (for
attendance at hearings), which shall not exceed a total of eight (8) hours per
month, unless provided by the City Manager (City of North Miami). Others pay
a flat fee of $100.00 an hour, with a monthly cap of five (5) hours a month (City
of Miami Beach).
5) Does the city still need an attorney in the hearing?
a) Yes, presence is mandatory.
6) What is the role of the city attorney at the hearing?
a) They assume the role of a prosecutor, which is to present the case for the city.
Recommendation
It is recommended that the , City consider eliminating the Code Enforcement Board and the
creation of a Special master system. City Code Chapter 2 (Sec. 2 -24) would have to be
amended by ordinance.
Attachments: Code Enforcement Fines /Liens Waived History/Copy of a letter from a Board menber
SAY /OMC
-.'" •– — '.^. .._-- ,va°F":.. 'r- .;,Sa>"".- .v`a"^'F „x:.a�:';"{'.._rr,.,"'K y' .,.. .,*m
.9 .
00 z71a3
ell
INTEROFFICE MEMORANDUM
TO: Sanford Youkilis, City Manager DATE: January 27, 2003
Orlando Martinez, Asst. City Manager
FR: Eva Rosa, CE Off. Manager RE: FY'S 97 -98, 98 -99, 99 -009
00 -01, 01 -02,; 02 -03
CE Liens and fines Waived
FY 97 -98
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
10/16/97
2
$ 200
$ 0
11/20/97
1
75
0
01/15/98
2 -
200
680
03/19/98
4
5655
250
05/21 /98 `
2
500
0
06/18/98
0'
0
0
07/16/98
9
1
175
0
08/20/98
0
0
0`
09/17/98
5
575
0
TOTALS
17
$ 79380
$ 930
FY 98 -99
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total '$ amount
collected
11/19/98
1
$ 175
$ 0 `
1/21/99
0
0
0
3/18/99
4
17,448
4,361
6/17/99
1
16,152
1,500
8/19/99
0
0
0
9/16/99
3
439513
15500
TOTALS
9
$ 779288
$ 79361
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
1/20/00
2
$ 10,280
$ 23,306
4/20/00
l
500
100
5/18/00
1
175
100
6/15/00
1
25000
0
7/20/00
3
685
250
9/21/00
4
15400
50
TOTALS
12
$ 159040
$ 29806
FY 00 -01
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
2/15/01
2
$ 5,039
$ 0
9/20/01
9
3,900
625
TOTALS
11
$ 89939
$ 625
FY 01 -02
CEB Meetings
Total cases of
fines waived
reduced
Total $ amount
of fines waived
reduced
Total $ amount
collected
11/15/01
2
$" 325
$ 0
1/17/02
7
29425
750
2/21:/02
1
400
$ 39300
0-
4/18/02
8
90,450
1,275
8/15/02
6
205
375
9/19/02
3
1,950
300
TOTALS
27
$ 989435
$ 29700
FY 02 -03
CEB Meetings
Total cases of
fines waived
reduced
Total $ "amount
of fines waived
reduced
Total $ amount
collected
11/1/02
1
$ 131,854
$ 35000
1/16/03
7 -
1,300
300'
TOTALS
8
$ 1339154
$ 39300
2
I. Breakdown of fines reduced or waived by
the Board (per fiscal year).
Total $ amount
Fines waived reduced
Total S amount ,
From
To
A) 97/98 = $ 7,380
$ 930
B) 98/99 = 77,288
7,361
C) 99/00 = 15,040
2,806
D) 00 /01 = 8,939
625
E) 01/02 = 98,435
2,700
F) 02/03 = 133,154
3,300
TOTALS $ 340,236
$ 17,722
II. LIENS RECORDED
LIENS RELEASED
FY 98 -99 4
1
FY 99 -00 34
3
FY 00 -01 34
2
FY 01 -02 74
17
FY 02 -03 (2- MONTHS) 30
8
TOTALS 172
31
3
From: Kenneth Feldman [kenesq @bellsouth.net]
Sent: Monday, January 27, 2003 9:11 PM
To: city manager
Cc: mary scott; martinet south rniami; dan mccrea; comm .dbethel @cityofsouthmiami.net;
Subject: from code enforcement member ken feldman. one letter attached.
To: City Commissioners, City Manager, City Attorney et al. 1/27/03
Re: Replacement of Code Enforcement Board
I have had the privilege of serving as a member of the code enforcement'
board for the past several years and I would like to take a moment and give
you my reasons why I would support the hiring of a special master to
assume the responsibilities of the code enforcement board.
For many years, I served as a special master for several municipalities
similar to the city of south Miami and I strongly believe that having
a retired judge serve as special master for our community would be a
welcome and positive change. To begin, the use of having .a single
individual serve as the hearing officer would alleviate the necessity and
often urgent problems associated with having to obtain a last minute
quorum of the code enforcement board. I feel strongly that
a retired judge serving as a special master would be able to judiciously
and impartially be able to assume these responsibilities in more effective
and efficient manner. There is something to be said for not having citizens
of the community serve as a board imposing fines and costs on
fellow neighbors. I have no doubt that the amount of the monies
collected would also increase by the use of a special master who would
not be as inclined to be lenient with the `neighbors'.
For anyone who has watched the code enforcement hearings, there is no
question that the board members often engage in an unnecessary and lengthy
`debate' with those seeking relief from the board. Replacing the board'
with a more judicious official would not only obviate these debates but
create greater uniformity and consistency in the rulings.
'I would be happy to speak to anyone further about these thoughts and would
welcome the opportunity to recommend several retired judges for this
position.
Respectfully,
Kenneth N. Feldman
6495 SW 72nd St.
Miami, Fl. 33143