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05-06-03
City Commission Meeting Meeting date: May 6 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: May 20, 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" 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. Presentations) ('7:00 p.m.) 1) Best Digital Reprographics 2) Redlight Project 3) Announcement of Department of Community Affairs Award of Emergency Management Preparedness Grant for use by Police Department to purchase and install Reverse 911 Notification System REGULAR CITY COMMISSION 1 AGENDA -''May 6, 2003 r, H�;rz yam, elt'rT= -m^ :- .:�:"^�:- �var- �,- �" —ss�. .- ws�-r° -;z: -=-rte, z,�+-a.: Ate,,. ^- -.•-�' _ ;--.,, ITEMS (S) FOR THE COMMI'SSION'S CONSIDERATION: 1. Approval of Minutes April 15, 2003 2 City Manager's Report a) Distribution of FY 2003 -2004 Budget preparation /review Schedule b) Report on re- activation of the Hometown District Parking Committee. c) Status report on Snapper Creek Annexation. d) Supplemental information on Special Retirement - Benefit proposal." 3 City Attorney's Report a) SW 79'x' Apartments LLC right of way easement and maintenance agreement b) NUI gas utility franchise agreement renewal: c) Charter Communications cable TV franchise agreement renewal d) NW litigation report e) Pre- payment of FMLC;project loan f) Recent PBA demands for arbitration PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION NO. 47 -03 -11596 IN ACCEPTANCE OF A GRANT FROM THE 'LAND AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE' DATE., 3/5 (City Manager) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS APPROVING A RIGHT OF WAY AND MAINTENANCE AGREEMENT WITH SW 70" APARTMENTS, LLC; PROVIDING AN EFFECTIVE DATE. (City Attorney) 3/5 ORDINANCE (S) SECOND REAMING PUBLIC HEARING (S) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA, RELATING TO STREETS`; AMENDING ORDINANCE NO. 01 -03 -1785 IN ORDER TO CORRECT SCRIVENER'S ERROR AS TO STREET ADDRESS, APPROVING THE TRANSFER JURISDICTION OVER CERTAIN STREETS TO MIAMI- DADE COUNTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (16t Reading - April 15, 2403) 3/5 (City Attorney) REGULAR CITY COMMISSION 2 AGENDA - May 6, 2003 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 7. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB), AMENDING SECTION _20- 6.1(C)(1)`(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE ARCHITECTURE' PROFESSION; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 8 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH < MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" BY CHANGING THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY" AS A PERMITTED`USE IN THE CITY'S ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT BOARD, AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE CODE ENFORCEMENT BOARD, WHICH HAS BEEN ELIMINATED; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 10. A RESOLU'T'ION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE A SPECIAL EVENT PROVIDED` BY "TRUTH INVASION" THAT WOULD BE HELD ON SATURDAY, MAY 24, 2003, LOCATED ON 73 STREET & 571" COURT FACING 72' STREET (SUNSET DRIVE); PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 11. A RESOLUTION OF THE MAYOR; AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ACTION OF THE BOARD OF TRUSTEES FOR THE CITY OF SOUTH MIAMI REGULAR CITY COMMISSION 3 AGENDA - May 6, 2003 „-„ �, ,.. ,� ,- r- ..Tf.,..>- . ---� —, .:� -�.,,, -- *- .,.�.- -a--n. a,. ,r�, _, �z--.� ,. ;�:._,. "`�_',r�e�� -�ra� :� .,'= r.���-Tn��^- •an-�;� x �1;tt' -mc PENSION PLAN AND THE CITY OF SOUTH MIAMI POLICE OFFFICERS' RETIREMENT PLAN, CONTRACTING WITH TRUSCO CAPITAL MANAGEMENT TO PROVIDE INVESTMENT MANAGEMENT SERVICES TO THE BOARD; PROVIDING FOR AN EFFECTIVE DATE (deferred from April 22, 2003) 3/5 (City Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING THE, ACTION OF THE BOARDS OF TRUSTEES FOR THE CITY OF SOUTH MIAMI PENSION PLAN AND THE CITY OF SOUTH MIAMI - POLICE OFFICERS' RETIREMENT PLAN,; CONTRACTING WITH BENEFITS USA, INC TO PROVIDE ADMINISTRATIVE SERVICES TO THE BOARDS,; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FORENSIC AUDITt SELECTING THE FIRM OF FISEE AND COMPANY TO PROVIDE FORENSIC AUDIT SERVICE ON THE FINANCIAL ACTIVITIES OF THE CITY FOR THE FISCAL YEARS ENDED SEPTEMBER 2000, SEPTEMBER 2001,`SEPTEMBER 2002, AND THE CURRENT FISCAL YEAR; PROVIDING FOR APPROPRIATION TO ACCOUNT NUMBER `001 -1100- 511.3210, "ENTITLED CONTRACTUAL SERVICES" FOR AN AMOUNT NOT EXCEEDING $32,000 FROM THE CITY CASH RESERVE FOR THE SERVICE, AND PROVIDING FOR AN EFFECTIVE DATE 4/5 (Vice Mayor Russell) 14 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING)' SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED, $42,000.00 FOR THE FIRM OF'GOMEZ BARKER & $42,000.00= FOR THE FIRM OF RONALD L. BOOK, P.A.; FOR 'THE TALLAHASSEE LOBBYING SERVICES PROVIDED TO THE CITY IN THE 2002/2002 FISCAL YEAR; PROVIDING FOR APPROPRIATION OF $6,167 FROM THE CASH RESERVE TO ACCOUNT NUMBER 001-1315-513-3450, ENTITLED "CONTRACTUAL SERVICES" TO PAY FOR THE SERVICES AND PROVIDING AN EFFECTIVE DATE, 4/5 (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON`SUBDIVISION (HABITAT FOR HUMANITY) ; THE PROPERTY ' BEING LOCATED WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR 'CITY COMMISSION 4 AGENDA - May 6', 2003 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF -SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL" SERVICE WORK ORDER WITH CONSULTING ENGINEERING & SCIENCE, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE II ALONG SW 581H AVENUE BETWEEN SW 85TH STREET AND SW 87TH STREET AND SW 87TH STREET BETWEEN SW 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF 18,200.00 FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001- 0000 - 132 -2060; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO SPECIAL MASTER SERVICES; APPOINTING ENRIQUE ZAMORA, ESQ.; CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY, ESQ AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #0:01 -0000 -341 -9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE 3/5 (City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA RELATING TO CLAIMS; REINSTATING DEBORAH BENFIELD TO FULL DUTY AS A POLICE OFFICER PURSUANT TO AN ARBITRATION AWARD; DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS UNDER THE ARBITRATION AWARD INCLUDING AUTHORIZING PAYMENT OF BACK PAY AND WAGES FOR THE REMAINDER OF THE CURRENT FISCAL YEAR OF $35,$45 FROM THE CITY CASH RESERVE, AUTHORIZING RETROACTIVE SENIORITY WAGE INCREASES IF APPLICABLE, AND ALL OTHER BENEFITS'; PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) i ORDINANCE (S) FIRST READING (S) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 1 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEPARTMENT r REOGANIZATION REVISING ARTICLE II OF THE CODE OF ORDINANCES ENTITLED "DEPARTMENTS ", BY AMENDING SECTION 2 -7 PERTAINING TO CODE ENFORCEMENT DIVISION BY AMENDING SECTION 2 -8 PERTAINING TO CENTRAL PURCHASING; REGULAR CITY COMMISSION 5 AGENDA May 6 2003 AND BY AMENDING SECTION 2 -14 PERTAINING TO 'A STREET AND LANDSCAPE DIVISION; 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 VIA 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 6 AGENDA -;May 6,; 2003 JL R -- EDLIGHT PROJECT 1> 'We finance the entire operation 2> We provide full Indemnification against 65gation 31- South Miami does not provide ANY budget requirements 4> $13 goes directly to the City of every collected citation 5> We pay for the authentication officer (out of lockbox receipt) 6> We do all collection 7> We set up and provide operating capital for the adjudication center 8> We provide all manpower 9> We provide all banking facilities (Wachovia) 10> We will provide the defense for any litigation of our expense That Is the deal. No money out of pocket, no financial liabilities, no legal exposure or financial, exposure associated with it, and at least $400K to the City as surplus money. Z d 80b8196Z£9 'ON /8l Z lS /6 L Z SON "6Z adH (3O1) `ON I ' I NV I N J0 8SD Mid Tt1E J.3 STATE OF FLORIDA DEPA- RTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" ;EB BUSH COLLEEN CASTILLE Governor Secretary April 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.. Brian Edney Management Information Specialist City of South Miami" 6130 Sunset Drive South Miami, Florida 33143 Re: Emergency Management Preparedness and Assistance Competitive Grant Program Fiscal Year 2003 -2004 Application Scoring and Ranking` Application (s) 2- 060 -4 -04 Dear Mr. Edney: The Department of Community Affairs has completed its review of the applications submitted under the FY 2003 -2004 funding offering in the Emergency Management Preparedness and Assistance Trust Fund (EMPATF) Competitive Grant Program. A total of 284 applications requesting $36,372,863 in funding under the Competitive and Municipal Programs were received. A total of 279 applications requesting $35,883,827 were determined eligible and were scored and ranked in accordance with the criteria stipulated in Rule Chapter 9G -19; Florida Administrative Code, and in the Application Packet June 2003 version, Form Number 007. Pursuant to Rule Chapter 9G- 19:009(2), you are being notified of your organization's preliminary score and position in the application ranking on the enclosed Grant Application Preliminary Score/Ranking Sheet. Due to the uncertainty of FY 2003 -2004 Legislative Appropriations, the amount of funds available for this program cannot be determined at this time. Notification of funds available will be posted on our website http: / /www.dea.state.fl.us /cps /grants when they are known. These preliminary scores and application rankings are subject to appeal and may change if appeals are filed and are successful. At this time, final, awards cannot be made until the appeals' process and the' Legislative Appropriations process are completed. The enclosed Notice of Administrative Proceeding Rights is provided to inform you of the appeal process. 2, 555 °SHUMARID OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Ph'one:'850.488.8466 /Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httr):/ /www.dca.state..fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING B COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050 -2227 ' Tallahassee, FL 32399.2100 Tallahassee, FL 32399 -2100 Tallahassee,' FL 32399.2100 (305) 2894402 (850) 488.2356 (850) 413 -9969 (850) 4887956 u . - Applicant April 7, 2003 Page Two After the appeal process and verification of eligibility, applicants will receive notification of final scores and award amounts being offered. This is anticipated to take place in early May 2003. Applicants who receive a funding offer will have 21 days to accept or reject the Department's offer. Upon the applicant's acceptance of the Department's funding offer, a contractual agreement will be developed and forwarded for execution by the recipient's chief elected official or designee. Upon final execution of the contractual agreement by the Department, expenses under the contract may be incurred and are retroactive to the July 1, 2003 contract start date. We appreciate your interest and participation in the EMPATF grant funding cycle. As noted above, the demand for EMPA funds is far greater than the funding available to award. We commend your initiative and look forward to your continued participation in the program. We will keep you on our e-mail list for future notices of funding availability under the EMPA Program. If you have questions regarding the scoring and ranking, please contact Ms. Paula Churchwell at (850) 413 -9942, Ms. Dianne Smith at (850) 413 -9966, or Ms. Eva Thorpe at (850) 413 -9939. Any questions pertaining to the appeal process should be directed to Mr. Alfred Bragg, Assistant General Counsel, at (850) 488 -0410. Sincerely, 0 msc Deborah Wonsch, Planning Manager Emergency Management Preparedness and Assistance Trust Fund Program D W /ds Enclosures cc, Alfred Bragg re_ :� 7, Rzt, ised -February ' 2001 I -IC_ �--: N0 T �ji OF You have the oppor mitt for an adn linisr•ative prcce --ding Pursuant to C1h.120.5610 Florida Statutes: _s you do not dispute issues of matelial fac-L raise; by the JPpartment determination,; then the adrm'nistrat3ve - oroE: --c-di is will be :n 0imal conducted pursuant to Ch- 120.57(2), Florid Statutes. in an informal administrative preooedmg, you will hate the oppormEity to be rzpresentea by counsel, to present to the 1eoa :-ergt, Wr?tten or oral evidence is opposi tion to the Department's action or to present a written statement challenging the legal rolinds upon which the Department justifies its actions. Mediation is not -available with respect to this .decision. If you dispute any issues of material iact 'stated in this decision- yon may re hest a forma! administrative hearing before an administrative law judge of the Division of Administrative rearinas, pursuant to Cn.120.5 0.57(l), Florida Statutes. At a feral administrative hea-, ing, you may be-represented by counsel of your choosing, and you will have the eppo tw 'ty to present evidence and argument on all the issues involved, to conduct cross -e samin_ Mfton and s-ubinit rebuttal evidence, to submit proposed findings o-1- pact and orders, and to l c e ,cepnons to any recommended order. if you desire either an informal proceeding or a formal heazinz you must ale Vvith the 6wncv Cleric of the Department of Community'A-Hairs a 3>viit_en response or pleading entitled, "l etition for Admi- aistrati -tre Proceedings" with 2 I calendar day., of receipt of this letter. The Petition must be in the form rewired by Rules 2$' -? 005.11 -, ?00- 106.301, Florida A dIninistraUve Code. Al petition is filed' when it is received: by Paula Ford, Agency Clerk, in the Depar+.menfs - -- _ Of?scu c.frieneral Co•,msvl, 2,5j-5 ShumQiiu OaicBi3ulLw:rW, > The petition must include the signature of someone authori --ed to act on your be.aal -f A petition must specifically request an admirdistrative proceeding it must admit or deny each material' fact contained in this decision, and it midst state an defenses upon which you rely. if you lacxc Imowledbe of a particular allegation of fs.ct, you must so state and that statement will operate as a denial. -`�'o� � naive the right to an adr�istrative proceeding if you do not file a Petition for Administrative Proceeding, with the Agency Clerk within 21 days of receipt of this letter. !any petition must specify in detail the basis for review. Unless the petition clearly describes disputed issues afmaterial fact, the proceeding will be conducted pursuant to h.120.5?(2), Florida Stat rtes, and applicable rtaies_ To the ex, tent that the Department accepts the facts represented in the application, but denies funding based on the interpretation of la-w or rules, an informai proceeding is appropriate, r al Cr 00 i X 20 f` CL co Q co c0 � (j [Y> a) U') IL co O cD. N co c0�t cc � N_ N N N N N U co o � N d a'i N # fa •� : U CD � p g gym. � � � V m C U 3 O i C 2 i m N. C -U ,O C m (� - m v d R1 �.. f0 [0 U '. m Q. �s °' N � O _ •E �N 0 c CO 0n m Y , C � U � co 0 ..m Cp. . .CL - 2 cu tti U O0 �- Ca OE U to E C � o 'O E •€ -a ro m m m �; as .0 m a — a c v 6 o ' .m o` �+ CC ca m mp IS] Nz Q t00U N > O° �O of �° O7 � O � d o o E m � a in m- > o._ c w ;`� m m E o �; E f aai E � m m ° 'c m° i E u1 m C3 U o •II m m E cco a ° N ' va � �, ° S� O a °' > o � E m> .m c ca � m '2 m m Z m Q C U a ,� _ E m ° Q o 0 �. 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Jz — P w CD = N C7 a m CD � � ° � � g 3 .0 or , p ro � ; .aQ @saw- cCD c_ 7 mt°n- ° °� " F5. 0- ° co _ 0 —00 o -On go C7 ° °, > rn o CD -,, rn 3 92, -- CD n U) CD CLOD e=n. -•h CD m a w ° m a) CD CD C" b 0MG)D2G)K7DM0ZG7 =yam o� mow= .3 a) a po 0- �N 0 -0 m C., OC7 =_In 0 cv, a d�mCn N ° @�mmEV ctr 0 m I@CD &o m o � ^( Cn A m roams Ns c°:m �'oom °;N RC ro m Sv 3,Cn3 w N ° y C C. O ° N CD . �.: 0 �' CD .77 N Q N 3 0 p. to CD c eo �{ P7 CD 0 0 N CD 'II n N. p7 ¢1 N W s V N -•t i N -> N N N CT N OC N C]1 N C3C N 6? N (A N V N CD N CD N CD N co Ca N 41. NCS7 (b ysN•A. .V1 CO to -4 081 �'..,. O OCit V N CT N 0 C) O m A. 0 O N m U7 O N-4 m m M 0 m 0 Q 0 Ui 0 N CT 0 N' mwm0(D N E 0 0 C) C C et- a) �N D 0 .C6 G) CD N H N im to a ra � m C N A CL A TENTATIVE 2003 /2004 BUDGET SCHEDULE TUESDAY -APRIL 29 Distribution of Budget binders to the departments. TUESDAY -MAY 13 MAY 14-MAY 28 Return of completed budget to the Departments budget hearing with the Finance Dent. City Manager. Time and date schedule to be sent at a later date FRIDAY- AUGUST 1 Submission of proposed budget to the MAY — Workshop on 02/03 budget Mi Lyor and City Commission (Article JUNE 12:— Workshop on 03/04 budget IV Section 2a, City Charter) provides (Workshops with the City Commission) foi deadline of August 1. JULY 1- JULY 30 Fii st day to approve the proposed Receipt of DR 420 (Property Appraiser millage,rate,.currentrollback rate and Certification of Taxable Value) from the date, time and place of the first hearing. County (F.S. section 200.65). Review of department's requests. Development of City Manager's budget. MONDAY- AUGUST 4 Last day to advise the Property AUGUST 4 -SEPT 5 Appraiser's office of the proposed millage Budget workshops with the Mayor and ra e, current year rollback rate and date, City Commission e and place of the first budget hearing i (F S.'Section 200.65) THURSDAY-SEPTEMBER 4 Last day to post a notice for Sept. 9 public hearing (Article IV, Section 2B) TUESDAY-SEPT 9 F' st public hearing and adoption of tentative budget- (Trim Bill). Must amend tentative budget, re- compute proposed millage rate and publicly announce the percentage by which recomputed ro osed millage exceeds the rollback rate - FINAL APPROVAL OF THIS DATE SUBJECT TO COUNTY' AND SCHOOL BOARD HEARING DATES (F.S. Section SUNDAY -SEPT 21 THURSDAY-SEPT 18 Last day to advertise final public First day to advertise final public hearing, of hearing of Sept. 23 (F.S. Section Sept. 23 (Article IV, Section 2B) 200.65) TUESDAY -SEPT 23 Final public hearing and adoption of budget. If budget is not adopted this date, the City must re- advertise Public Hearing II I I HE DATES INDICATED ABOVE ARE SUBJECT TO APPROVAL BY THE CITY COMMISSION o� s o u T� South Miami .� .,• All-AmeficaMly • INCORPORATED 1927 2001 Excellence,; Integrity, Inclusion To: Honorable Mayor, Vice M or & Date: May 1, 2003 City Commission Re: Item No. From: Sanford, A. Youkilis Hometown District Acting City Mana Parking Committee City's Land Development Code Section 20 -7.6 (A) establishes Hometown District Parking Committee (see attachment). The Committee is charged with "oversight of the supply, convenience, safety and management of parking" within the Hometown District. Six private citizens (two landowners, two tenants and two residents) constitute the Committee. Last time the Committee was active was about two years ago. Recently, there has been an interest in reviving the Committee. The following are some of the issues that are presented here for consideration, if the City Commission chooses to reactivate the Committee. 1) There has been some discussion about expanding the scope of this Committee to include other parts of the City. Currently, the Committee is only applicable to the Hometown District. This will require amending the current ordinance or creating a new Parking Committee via a new ordinance. 2) The responsibilities and the purpose of the Committee need to be better defined. In general the Committee should be involved at a policy level discussion and use its expertise to help the City Commission in setting Parking policies (e.g.: allocation of parking revenue, hours of operation, infrastructure trust fund etc.). 3) The effectiveness of the Committee will depend on the composition of the Committee. The Committee should have diverse representation of all the stakeholders in order to have a balanced discussion. The composition will also depend on whether or not the Committee is citywide or just focused on the downtown area. Attachments: LDC Section 20- 7.6(A) SAY /SB K:\HDPC \parking comm update.doc HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.6 Story: The horizontal division of a building between the surface of a floor and the surface of the next floor, above, or the next ceiling if there is no floor above. For the purposes of these regulations a story shall be interpreted as each vertical unit of fourteen (14) feet maximum; e.g. a one -floor cinema twenty -two (22) feet tall shall be considered a two -story building. (Ord. No. 19 -93 -1545, § 1, 10- 19 -93; Ord. No. 12 -96 -1612, §§ 8, 9; 7- 30 -96) 20 -76 Parking. (A) Hometown District Parking Committee. Parking in the Hometown District must be developed and managed primarily as an element of infrastructure critical to enhancing South Miami's tax base through economic success of the district. Six (6) private citizens and the Mayor shall serve as the Hometown District Parking Committee charged with oversight of the supply, convenience, safety, and management of parking. The six (6) private citizens shall be " appointed to two (2) year terms by the mayor with the advice and > consent of the city commission and shall include two (2) landowners and two (2) tenants from the district and two (2) residents of South Miami. The director of building, zoning and community development shall serve as the executive secretary to this committee. The committee shall report to the city commission no less than annually on the state of parking in the Hometown District and shall from time to time make recommendations to the city, commission for changes in the parking system, for the fees paid into the Parking Infrastructure Trust Fund, and for the allocation of trust fund monies. $" The mayor shall appoint the chairman of the committee.A quorum shall be four (4) members and an affirmative vote of "a majority of the members present shall be required to pass upon any matter the committee recommends. (B) Required Parking. Within the Hometown District, the following adjustments to the number of parking spaces required by Section 20-4.4 (B) of the Code are provided: (1) On- street spaces adjacent to a lot shall count toward the parking requirements for that lot; a'partial space longer than eleven (11) feet shall count as a full space. (2) Where arcades are optional, buildings with arcades shall receive an additional five (5) percent reduction in the required number of spaces. (3) In addition to the above, one of the following may apply: (a) Two -story buildings shall receive a fifteen (15) percent reduction in the required number of spaces (b) Buildings of two (2) or more stories with uses' from two (2) of the three (3) use categories provided herein under "Permitted Uses," each use constituting no less than thirty (30) percent of the gross floor area, shall receive a thirty (30) percent reduction in the required number of spaces. (c) Buildings of three (3) or more stories with uses from each of the three use categories provided herein, each use constituting no less than twenty -five (25) percent gross floor area, shall receive a forty -five (45) percent reduction in the required number of spaces. Supp. !No. 5 149 South Miami a S. Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 6, 2003 City Commission ITEM NO. 02 CO From: Sanford A. Youkilis RE: Status Report Snapper Creek Acting City ManageMl Annexation Please be advised that a meeting with County staff did take place on Wednesday, April 23 (AM) concerning the proposed schedule and mitigation for the Snapper Creek Annexation Area. Commissioner McCrea, the >City Manager, and the -City Attorney met with Vivian Duyos and George Fernandez of the County Manager's staff. The following is a summary of that meeting: 1. The annexation ordinance was adopted on first reading by Board of County Commissioners on April 22, 2003. It does not specify a mitigation amount, only that an Interlocal Agreement to be adopted by resolution may contain "a specific amount. 2. The annexation ordinance and a resolution adopting a voting date and an interlocai agreement will be reviewed by the Budget and Finance Committee on June 12 2003 (9:30 AM), which will also be a noticed public hearing. The second and final reading of the annexation ordinance is set for the Board of County Commissioners meeting on July 1, 2003. 3. The projected date for return of mail. -out ballots is Sept. 16, 2003. 4. The County staff could not explain where the County Code mandated retained revenue (franchise, utilities taxes) goes or is used for; they conceded it is similar to mitigation." 5. It was pointed out by County staff that the assessors tax records are set in July for the year 2004. Due to the delay in the approval process caused by the County, the City's higher millage rate of 6.37 cannot go into affect until 2005, This means that the millage rate assessed after annexation into the City, will only be at the County's UMSA rate of 2.44. This represents a temporary first year drop in property tax revenue of approximately $360, 000. 6. The County Manager's position remains: the CBI mitigation _fee of $21,000 will be recommended, however, they will support a request that $0 mitigation be paid during the period when the City is not receiving the full property tax revenue ( first year). °"'',`.:,:°w�3"�+`'n..�. ?.cw y^r.^;�^rCtFs „`,:, 7; ^s°"°'r.,.,5 ,.Z., r•`m #.ra'E^n, 4- ...,.r, (2) 7. In response to the situation described above (No.5), County staff suggested that the City may wish to delay setting the date for the vote of the electors, however, it was pointed out that additional time may assist an opposition to annexation campaign. An effective option may be for the City, after < a positive vote on annexation, to delay the provision of services for a specified period of time (3 -6 months or longer). This could provide a transition period It was pointed out by County staff that residents of the annexation area may be confused as who is providing services etc. I 8. The County staff p ointed out that the assessed value of property erf Y in the Snapper Creek annexation area has significantly increased each year: $78.2 million (year 2000) to $96.5 million (year 2002). It is expected that the County will provide the City with a draft Snapper Creek Interlocal Agreement in time for review b the City Commission at its meeting on May 20, 2003. It is hoped that, after P Y Y g Y p further negotiations with the County, the agreement will specify $0 mitigation, as well as a "favored nations" clause which provides that if any future annexations contain better conditions (i.e. no retention of franchise or utility taxes), than those conditions must be applicable to Snapper Creek. I I i I a SAY Jt \ACMFIL-I \CM Memo on Snapper Annex 5 -6.doc I i I i +��?:, +. ., -m�,afi ., °'-+�'-r. .m.,,,.F•e�,. 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M yj r... �.'N '7 N:..r M N M to N Q � U � Y en m LL o _.N LL f- m N M- � N N N' �o w J 7 a' m V' F O 0 O M ry 0 LL try' 801 OMD to W z W O W N M � N C4 N M N Q J r z J m' a LL Z-- M ra N Q Cl) Z F ry O T iM0 OMD O M z Q W N M N N N Q Q 0 W N y J z z z d r a im o � O F- W v o o 0 0 0 o a N w. o b N- v W z F o o 0 o 0 O 0 O 0 o 0 o o 0 o o O to lQ. W Q CD N N NN Lf) CD - r- 00 M 04 t0 I-- r N O v a Cl) d LL W Q .a 'a IL Q Q. Q< Q Q w U w U W U m _ 0 w W W w W w V d : w w. w w w <w d d a w 0 R 0 E 0 E w Le w W E i cool O Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor Date: May 6, 2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item Acting City Manager Rescinding of Resolution No. 47 03- 11596 in Acceptance of a LWCF Grant for Brewer Park RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION NO. 47 -03 115961N ACCEPTANCE OF A GRANT FROM THE LAND AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. The re pr Pa 1 Miami was awarded the sum of $100,000 by the Florida Department of Environmental h the Land and Water Conservation Fund' (LWCF) for the Brewer Park Improvements ect. ing its regular meeting of March 18, 2003, the City Commission accepted the grant award through the ption of Resolution No. 47 -03- 11596. Said resolution indicated the grant requires a dollar for dollar ch which would consist of a $200,000 Safe Neighborhood Parks grant for the project. However, the elution must be amended to indicate the dollar for dollar match requirement will be satisfied by aiding $80,000 of in -kind services and $20,000 in cash. The cash contribution will be provided by the c's and Recreation Department over the span of the grant period. Accordingly, $10,000 have been set e from'the landscaping budget item for the current fiscal year, and the remaining $10,000 will be geted in fiscal year 2003 -04. cover memo provided to the Commission during the March 8rn meeting accurately indicated how the Chin: g requirement would be satisfied. --OMMENDATION Approval is recommended. Attachment: Resolution No. 47 -03- 11596 LWCF Grant Contract SAY /OC I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RESCINDING RESOLUTION NO. 5 47 -03 -11596 IN ACCEPTANCE OF A GRANT FROM THE LAND AND 6 WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF 7 $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE' 9 CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City of South Miami was awarded the sum of $100,000 by the Florida 13 Department of Environmental Protection` through its Land & Water Conservation Fund (LWCF) 14 Program; and 15 16 WHEREAS, the City Commission passed and adopted Resolution No. 47 -03- 11596 17 accepting the award; and 18 19 WHEREAS, said 'Resolution indicated the grant requires a dollar for dollar match 20 consisting of the City's $200,000 Safe Neighborhood Parks Grant; and 21 22 WHEREAS, said Resolution must be amended to indicate the dollar for dollar match will 23 consist of $80,000 in -kind services and $20,000 in cash contribution from the Parks and 24 Recreation landscaping budget item. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI: 28 29 Section 1. Resolution No. 47 -03 -11596 is hereby rescinded. 30 31 Section 2. The LWCF grant in the amount of $100,000 is hereby accepted and the 32 dollar for dollar matching requirement will be satisfied by providing in -kind services in the 33 amount of $80,000 and a cash contribution of $20,000. 34 35 Section 3. That said cash contribution will be provided by the Parks and Recreation 36 Department landscape budget item. 37 38 Section 4. This resolution shall take effect immediately upon approval. 39 40 PASSED AND ADOPTED this day of 2003. 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 47 Commission Vote: 48 READ AND APPROVED AS TO FORM: Mayor Feliu 49 Vice Mayor Russell: 50 Commissioner Bethel: 51 Commissioner McCrea: 52 Commissioner Wiscombe: 53 CITY ATTORNEY F7 V7' ,� Div• Section 3. That Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice Donsky, Esq., shall be authorized to conduct hearings as may be required in accordance with the City's Code of Ordinances and Land Development Code,' the Florida Building Code and the Miami -Dade County Building Code. Section 4. This resolution shall take effect upon adoption. PASSED AND ADOPTED THIS DAY OF , 2003 ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE. Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner McCrea: READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 RESOLUTION NO. 47-03-11596 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING A GRANT FROM THE LAND AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING ` THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department' of Environmental Protection's Land & Water Conservation Fund (LWCF) Program helps communities to meet their recreational needs; and WHEREAS, the City of South Miami submitted an application to obtain $100,000 for the purpose of renovating Brewer Park; and WHEREAS, the Florida Department of Environmental Protection has awarded the City $100,000 for the Brewer Park improvement project; and WHEREAS, the grant requires a dollar -for- dollar match that would consist of the City's $200,000 Safe Neighborhood Parks Grant for this project; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1 The City Manager is authorized to accept the LWCF grant in the amount of $100,000. Section 2. The City Manager is authorized to execute contracts and other applicable documents relating to the acceptance of the LWCF Grant award. Section 3. This resolution shall take effect immediately upon arrival. PASSED AND ADOPTED this 18th day of March , 2003. ATTEST: APPROVED: V°' ". �) tilry CLERK AYOR Commission ote; 5 -0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel:` Yea Commissioner McCrea: Yea (S-, Commissioner Wiscombe: Yea CITY ATTORNEY - %-77, 77g'.- ,-±'�� South Miami � 5o iJ T,� PA-Amefta CRY U • INCORPORATEQ � !� 1 927 p' 2001 CITY OF SOUTH -MIANII INTER- OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 1'8,2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item # Acting City Manager Acceptance of a LWCF Grant for Brewer Park RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ACCEPTING A GRANT FROM THE LAND' AND WATER CONSERVATION FUND (LWCF) IN THE AMOUNT OF $100,000 FOR VARIOUS IMPROVEMENTS TO BREWER PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami previously applied to the Land and Water Conservation Fund Program administered by the Florida Department of Environmental Protection. This program awards funds for park land acquisition and park development projects. Pursuant to its application, the City of South Miami was awarded the sum of $100,000 for renovations at Brewer Park. This program requires a dollar- for - dollar matching contribution. Eighty percent of the matching is required to be provided through in -kind services, and the remaining twenty percent must be provided in cash. The cash contribution will be provided by the Parks and Recreation Department over the span of the grant, period. The attached resolution will allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Approval is recommended. Attachment: LWCF Grant Contract SAY /OC Mme, �. ,'� ,,fi T- + 12- 00437 -LW437 (LWCF Project Number) DEP Contract Number CFDA Number: 15 -916 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND AND WATER CONSERVATION FUND PROGRAM FFY 2001 -2002 PROJECT AGREEMENT - DEVELOPMENT This Project Agreement is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter called the "'Department"), and the CITY OF SOUTH MIAMI, whose address is 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter called the ""Grantee"), a local government, in furtherance of the Brewer Park Improvements project, an approved outdoor recreation project WHEREAS, the Department receives funds for the purpose of passing through the agency as grants to other entities in accordance with Section 375.021(4),_ Florida Statutes; and, WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to receive grants for outdoor recreation and conservation; and, WHEREAS, the Grantee has submitted Project Application number 309 which has been approved by the Department. NOW THEREFORE, in consideration of the mutual covenants contained herein, the Department and Grantee do hereby agree as follows; 1. This .Project Agreement shall be effective upon execution of this Project Agreement and end no later than 36 months from execution of the Project Agreement, inclusive. The Project Agreement shall be performed in accordance with Chapter 62D -5, Part VII, Florida Administrative Code, (hereinafter called the Rule), the Land and Water Conservation Fund (LWCF) Act of 1965, Public Law 88 -578, 78 Stat 897, as amended, (hereinafter called the Program), and in accordance with general_ provisions for such agreements prescribed by the United States Department of the Interior' (hereinafter called the USDOI) in the LWCF _Grants-in-Aid Manual, (hereinafter called the Manual). The Grantee agrees Page 1 of 14 DEP Agreement No. LW437 to become familiar with all provisions and comply with the Rule,; effective July 15, 2001, and Manual, which are incorporated into this Project Agreement by reference, as if fully set forth herein. In the event a dispute should arise between the parties concerning the intent of any language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of the above referenced Acts of Congress and the general provisions governing this Project Agreement as set forth in the Manual. No construction shall be contrary, to the requirements of the Acts of Congress or of the regulations of the Secretary of the `Interior. 2. The Department has found that public outdoor recreation is the primary purpose of the project known as Brewer Park Imro_v_ements (Land and Water Conservation Fund, LWCF' Project Number 12- 00437), hereinafter called the Project, and enters into this Project Agreement with the Grantee for the development of that real property, the legal description of which shall be submitted to the Department as described in the Land and Water Conservation Fund Program Approved Project Documentation Form, DEP Form FPS A048.`' The `Approved Project' Application, which includes the Project Elements (description of project, detailed budget, and anticipated deliverables) is incorporated into this Project Agreement by reference as if fully set forth herein. Any revisions to the Project Elements as set forth in the Approved` Project Application must be formally requested by the Grantee and, if agreed upon by the Department, the modifications will be reduced to writing in an amendment to this Agreement 3 The Grantee shall construct, or cause to be constructed, specified public outdoor recreation facilities and improvements consisting of the following Project Elements which may be modified by the Department if, Grantee shows good cause: fishing pier, picnic facilities, playground, lighting, landscaping and renovation of tennis, handball and basketball courts, playground equipment, parking and other related support facilities. 4. The Project Elements identified in Paragraph 3 herein shall be designed and constructed- substantially in accordance with the conceptual. site development plan contained in the Project Application. Project Site facilities shall be attractive for public use, and generally consistent and compatible with the environment. Plans and specifications for Project site improvements and facilities shall be in accord with current and established engineering and architectural standards and practices. Emphasis should be DEP Agreement No. LW437 Page 2 of 14 given to the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. This site development plan may be altered by the Grantee, only after approval by the Department. Any and all utility lines installed within the park shall be 'placed underground. The Grantee shall have the final site development plan (site engineering and architectural) prepared by a registered architect or engineer licensed in accordance with the laws of the State of Florida. 5. A. The Department shall pay the Grantee on a reimbursement basis the eligible Grant amount not to exceed $200,000.00, which will pay said federal Program's share of the cost of the Project. Program funding limits are based upon the following: Total Department Program Amount $100,000.00 Grantee Match Amount $100,000.00 Total Project Cost $200,000.00 Type of Match [Cash and /or in -kind Services] B Within sixty (60) days after receipt of the request, the Department's Grant Manager shall review the completion documentation and payment request from the Grantee for_ -the Project. If the documentation is sufficient and meets the requirements of the Land, and Water Conservation Fund Program Completion Documentation Form, DEP Form FPS- A05'1, referenced in s. 62D-5.073(7) (e) 2, ` the Department will approve the request for payment 6. In addition to the invoicing requirements contained in paragraph 5 above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate_ the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post- audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http: / /www.dbf. state .fl.us /aadir /tochandbk.html and allowable DEP Agreement No. LW437 Page 3 of 14 costs for federal programs can be found under 48 CFR ,Part 31 at http://www.access. o. ov/ nara /cfr /cfr- table- search.htm1 and OMB Circulars A -87, A -122, A -21, at htt / /www.whitehouse. ov /omb /circulars/index.html #numerical. 7 Reimbursement for travel expenses is not authorized under this Project Agreement 8. The Grantee agrees to comply with the Division of Recreation and Parks, Grunt and Contract Accountability Procedure, hereinafter called the Procedure and incorporated into this Project Agreement by reference as if fully set forth herein. All purchases of goods' and services for accomplishment of the Project shall be secured in accordance with the Grantee's adopted procurement procedures. Expenses representing the Project costs, including the required matching contribution, shall be reported to the Department and summarized on certification forms provided in the Procedure." The Department and Grantee agree to use the Procedure guidelines in accounting for LWCF funds disbursed under the Project. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements' of the Procedure shall be used. 9. Allowable indirect costs as defined in the Procedure shall not exceed 15% of the Grantee's eligible salaries/wages. Indirect costs that exceed 15% must be approved in advance in writing by the Department to be considered eligible Project expenses. 10. Project funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D- 5.069(31) of the Rule) incurred by Grantee prior to execution of this Project Agreement as 'set forth in s.62D 5.073(2)(a) of the Rule. The Department and the Grantee fully understand and agree that there shall be no reimbursement of Project funds by the Department for any expenditure made prior . to the execution of this Project Agreement with the exception of the following expenditures which meet the requirements of the foregoing sections of the Rule. Preagreement Costs Approved: None 11. Prior to commencement of Project development, the Grantee shall submit the documentation required by the Land and Water Conservation Fund Program Development Project Commencement Documentation Form, DEP Form FPS -A050, referenced in -s. 62D- 5.073(7)(e) of the Rule, to the Department Upon determining that the documentation DEP Agreement No. LW437 Page 4 of 14 complies with the Rule,, the Department will give written notice to Grantee to commence the development and approve the request for payment Therefore, the Grantee shall formally acknowledge receipt of the following documents after execution of this Project Agreement. It is understood that the documents listed below' must be filled out by the Grantee and returned to the Department after execution of this Project Agreement. Required Project Commencement Documentation for Development Agreements: A) Boundary Survey B) Title Search C) Certification of Manual Possession D) Site Plan (2 copies) E) List of Facilities- and Improvements for Construction with Related Costs F) Permitting Certification G) Division of Recreation. and Parks' Grant and Contract Accountability Procedures I2 The Grantee shall obtain all required local, state and federal, permits and approvals prior to commencement of Project construction and shall certify that it has done ,so to the Department by completing the Permitting Certification, DEP Form FPS- A05'2, referenced in s. 62D- 5.073(7)(e)(1) of the Rule. 13. The Grantee shall complete all Project construction by the completion date of 14. Project completion means the Project is open and available for use by the public. The Project must be completed prior to release of final reimbursement. 15. The Grantee shall maintain books, records and document directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work, is subcontracted, the Grantee shall similaly require wach subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. LW437 Pages of 14 16 In addition to the provisions contained in Paragraph 15 above, the Grantee shall comply with the applicable provisions contained in Attachment A. A revised copy of Attachment A, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding 'increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Project Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment A. If the Grantee fails to receive a revised copy of Attachment A, Exhibit -1, the Grantee shall notify the Department's Grant Manager at 850/488 -7896 to request 'a copy of the updated information. 17. Following receipt of an audit report identifying any reimbursement due the Department for the Grantee's noncompliance with this Project Agreement, the Grantee will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the Department. 'The Department, following a review of the documentation submitted by the Grantee, will inform the Grantee of any reimbursement due the Department. 18. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except 11 as specifically provided in this Project Agreement. 19. To the extent required by law, the Grantee will be self- insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all bf the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this,Agreementthe not protected under Florida Workers' Compensation law, Grantee -shall provide, and cause each subcontractor to provide,- adequate insurance satisfactory to the Department, for the protection of those employeesl not otherwise protected. 20. The purchase of non- expendable equipment is not authorized under the terms of this Agreement. DEP Agreement No. LW437 Page 6 of 14 21.- The Department's Grant Manager for the purpose of trhis Project Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The Grantee's Liaison Agent (also known as Grantee's Grant Manager) as identified in the Project Application, or successor, shall act on behalf of the Grantee relative to the provisions of this Project Agreement. The Grantee's Liaison Agent, shall submit to the Department signed Project status reports every ''ninety (`90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the Department. Photographs to reflect the construction work accomplished shall be submitted when the Department requests them. Any and all notices shall be deemed effective and sufficient if sent via U.S. mail, facsimile ('fax) or by hand - delivery to the parties at the following addresses Grantee's Liaison ,Agent Ms. Olga Cadaval, Grants Administrator City of South Miami 6130 Sunset Drive South Miami, FL, 33143 Phone: 305/663 -6318 Suncom Phone: Fax: 305/663- 6345 Email: ocadaval @cityofsouthmiami.net Department's Grant Manager Collier Clark Department of Environmental Protection 3900 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399 -3000 Phone: (850) 488 -7896 Suncom Phones 278 -7896 Fax: (850) 488 -3665 Suncom Fax: 278 -3665 Email: collier.clark@dep.state.fl.us 22. Prior to final reimbursement, the Grantee must erect a permanent information sign on the Project site which credits Project funding or a portion thereof, from the Land and Water Conservation Fund Program through the USDOI and the Department 23. The Department and USDOI have the right to inspect the Project and any and all records related thereto at any reasonable time DEP Agreement No. LW437 Page 7 of 14 r , 24. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes, 25 Prior to the closing of the Project the Department shall have the right to demand a refund, either in whole or in part, of the LWCF funds provided to the Grantee for non- compliance with the material terms of this Project Agreement. The, Grantee, upon such written notification from the Department, shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall begin the date that the Grantee was informed that a refund was required until the total refund and interest is paid to the Department. 26. If the United States, acting through the USDOI, the Secretary of the Interior, or any other branch of the government of the United States, acting within the scope of its lawful authority, should for any reason demand a refund from the Department, in whole or in part, of the funds provided to the Grantee under the terms of this Project Agreement, the Grantee, upon notification from the Department, agrees to pay the refund and will forthwith repay directly to the Department the amount of money demanded. 27. The "Grantee shall comply with all federal, state and local laws rules, regulations and ordinances in developing this Project The Grantee acknowledges that this requirement includes compliance 'with all federal, state and local health and safety rules and regulations including all applicable building codes The Grantee further agrees to ensure that the Grantee's contract will include the requirements of this paragraph in all subcontracts made to perform this Project Agreement. 28. Competitive open bidding and purchasing for construction of said Project facilities or improvements shall comply with all applicable laws and the Manual. Following completion of Project construction, the ,Grantee's Liaison Agent shall provide the Department with a statement certifying that all purchases or contracts for construction were competitively bid pursuant to applicable law and the Manual. nFP Ae-reement No. LW437 Page 8 of 14 29. If asphalt paving is required for the Project it shall conform to the Florida Department of Transportation's specifications for road and bridge construction. Bid specifications, contract's and /or purchase orders of the Grantee must specify thickness of asphalt and square yards to be paved. 30. By acceptance of the provisions of this Project Agreement, the Grantee does hereby 'agree to dedicate the Project Site and all land within the Project boundaries, identified in Paragraph 2 herein, in perpetuity as an 'outdoor recreation site for the use and benefit of the public, as stated, in s. 62D- 5.074(1) of the Rule. Execution of this Project Agreement by the Department shall constitute an acceptance of said 'dedication on behalf of the general public of the State of Florida. The Grantee represents' that it has sufficient site control- to .'enable this dedication. All dedications must be promptly recorded in the county's official; public records by the Grantee.` 31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D- 5.074(2) of the Rule. The Project site, Project- related facilities, and any future outdoor recreation facilities developed on the Project site shall be open to the general public for outdoor recreation use, maintained in accordance: with applicable health and safety standards, and kept in good repair to prevent undue deterioration and provide for safe public use- The Grantee covenants that it has full legal authority and financial ability to develop, operate and maintain said Project -' related facilities and improvements as specified within the terms of this Project Agreement. The Grantee shall obtain Department approval prior to, any and all current or future development of facilities on the Project ,site,' if said development is not described in Paragraph 3 herein. 32. The Grantee shall not, for any reason, convert all or any - portion of the park for any purpose other than public outdoor recreation without prior approval of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF Act and the Manual and s. 62D- 5.074(3) of the Rule. 33. Failure to comply with the provisions of the Rule or the terms and conditions of this Agreement will "result in cancellation of the Project Agreement by the Department_ The Department shall give the Grantee in violation of the Rule or this Project Agreement a notice in writing of the particular violations stating `a reasonable time to comply. 1)F? Agreement No. LW437 Page 9 of 14 34. in the event of conflict in the provisions of the Rule, the Project Agreement and the Project Application, the provisions of the _Rule shall control over this Project Agreement and this Project Agreement shall control over the Project Application documents. 35. If the Department determines that site control is not sufficient under the ,Rule or has been compromised, the Department shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the Department shall cancel this Project Agreement. 36. In accordance with the LWCF Act, Program funds will be made available contingent upon an annual' appropriation to each State by Congress. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation of spending authority by the Florida Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 37 -. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer- or employee of an agency,' a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative';agreement.; If any non - Federal funds are used for lobbying activities as described above,' the Grantee "shall submit Attachment B, Standard Form' -LLL, !Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts,' and all subcontractors shall certify and disclose accordingly. (43 CPR Part 18) B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 38 A. No person- on the grounds of race, creed, color, national origin,` age, sex, marital status or TIFP Agreement No. LW437 Page 10 of 14 N, disability, shall be excluded from participation in; be 'denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Project Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity,; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases" of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its webs'ite.' Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)487 -0915. 39 Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions' of s. 768.28, Florida Statutes, and other statutes that provide immunity to the Department or the State. 40 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category ,Two, for a period of 36 months from the date of being placed on the convicted vendor list 41. A. In accordance with Executive- Order 12549, Debarment and Suspension (43 CFR Part '12.- 100 - .510), the Grantee shall agree and certify that .neither' it,- nor its principals, is presently debarred, suspended, proposed for debarment,` declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier nP'D AcrPementNo. LW437 Page 11 of 14 contract, or other covered 'transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOI to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier. Federally Funded Transactions ", attached hereto and 'made a part hereof as Attachment C. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment` C in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 42. This Project Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever, 'possible, each provision of this Project Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this 'Project Agreement shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Project Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless ;prohibited by applicable law.' 43. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Project Agreement shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter: 44. This Project Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 45 This Project Agreement is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the Department. r,�p e.rrPpmant No. LW437 Page 12 of 14 46. This Project Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Project Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Project Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK nRP A ureement No. LW437 Page 13 of 14 PT IN WITNESS WHEREOF,, the parties hereto have caused this Agreement to be duly executed, the day and year Last written below. STATE OF FLORIDA DEPARTMENT CITY OF SOUTH MIAMI OF ENVIRONMENTAL PROTECTION By: By: Division Director Person Authorized to Sign Division of Recreation and Parks and State Liaison Officer (Or Designee) Printed Name Date Title Date: Address: Address: Bureau of . Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399 -3000 CA-, OA--, DEP Grant 'Manager Approved-as to Form and Legality !for use for one year by Suzanne Brantley, Assistant General Counsel, on February 19, 2003. Grantee Attorney Attachments: Attachment A - Special Audit Requirements (5 pages) Attachment B - Disclosure of Lobbying Activities (2 pages.) Attachment C Certification Regarding Debarment /Suspension (2 pages) FPS -A046 Revised 01/03' r)F.P AureementNo. LW437 Page 14 of 14 ATTACHMENT A SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department ", 'DEP "' "FDEP" or "Grantor ", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, 'on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees ' to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental' Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT l to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions' of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards ' in its fiscal year and elects, to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http HWee.os.dhhs._ov /cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement 'No. LW437, Attachment A, Page l of 5 nn ee eie iM /671 PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida. Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXEBBIT I to this Agreement indicates State financial assistance awarded through the ' Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal.program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities)' or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with theprovisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance: in its fiscal year and 'elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources ;(i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hM:// sun6. dms .state.fl.us /fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at hM: / /www.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hM://www.leg.state.fl.us Governor's Website hM: / /www.flgov.com/, Department of Banking and Finance's Website hM: / /www.dbf.state.fl.us /, and the Auditor General's Website hqp: / /www.state.fl.us /audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE. This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of Statefinancial assistance that are in addition to audits conducted in accordance with Section 215.97: Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this - Agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida; 32399 -2400 DEP Agreement No. LW437, Attachment A, Page 2 of 5 r,00 cr_�a a rntim� B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB .Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 3. Copies of financial reporting packages required by PART H of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 Wes: t Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: , Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS' 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), 'Rules of the Auditor General, should` indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. DEP Agreement No. LW437, Attachment A, Page 3 of 5 TIP? 55.215 (01/02) PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LW437, Attachment A, Page 4 of S i)RP 55 -215 (01 /02) C C p + o CD td ; fl-;� G £+�+ cy C O ate+ Ln oU° �� �-U u: aU -�, Q3s. 0'S la O 0 O Guv d' ��T E° " E ¢ ¢ ° °o R�,� ¢o° c N L W CD U. wEy LL p LL LL L y _ d 'C ° ON °:Q N L typ u o L CL OJ c •p c •o, O 'O L E � or � W lL U. N p U- 33 � E- _ in O Y. p fp .F+ ¢ +� C E • • E I- ++ PA! O � V O N L >. y O u 'I °I ; U- N. Q ` Z O V H c c O LL H �I V u E cc d 0 V L .0 � C.:fC6 y a V ui a �C%i`C NZ ¢ J a H V ¢ O H t H O ++ L a LL a E (D `'I Q c 1 >- " N O ¢ -0 �V E C DI LL, R t0 — — w u Z 7 LL N UI y L to :U N '" ,may C r•'1 L � Bu LL W m ¢� n C o m aa) d _ 0 � 3 W ++ ¢ cn °mac E ¢ � p O � C ° W ra '° d 2 Q) 3 ii CU o ra U- 3 a LL o N 3 y (n � H HI Est W L H d V ch °1 p^ Z o lqn Bo �I H ce E O L ° ��� SM-0 G ¢I o �° z al zl 0 �i�Zc� a�az y o- N ILLI N Li LL W Approved by OMB 0348-0046 ATTACHMENT B DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a ❑ ❑ a. contract a. bid/offer /appkcahon a. initial filing b. grant b. material change c. cooperative agreement b. initial award d. loan c. post-award d For Material Change Only: e. loan guarantee f. loan insurance year: quarter date of last report 4. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 is Subawardee Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known Congressional District, if known: Congressional District, if known: 6. Federal DepartmenVAgency: 7. Federal' Program NamelDescription: CFDA Number, if applicable: & Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b.- Individuals Performing Services (including address if (if individual, last name, first nine; MI): <dilj`erent from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF -LLL4, if necessary) Signature: 11. Information requested through this form is authorized by title 31 U.S.0 section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi- annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than $100,000 for each such failure :..........Federal_k7 ...41t1 .,............_ .............._... ........_..............._.. . __......._.. , . _.. ..r.... . ...._ .. ............ : ,...._ ........ _......3.._.......... . ._.._.. .... ........._.......:....... . ._............................. _ _........_ .............._.._.._......_._._............ ..,.._...._ _ ....._.........E.............,......__..... . ,Authonz ed f or Local Reproduction - :::..:_:.� _. �:- _._:......: _: !:.:::.::�:::::._:::. ,�:::_W _.:.... _...: _ .........:............................. ........................::.._�, ...::. - - Standard Form UL (Rev 7 97) Form DEP 55 -221" (01/01) DEP Agreement No. LW437 Attachment B, Page I of 2 o �r INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall. be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of " Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional' information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. , 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subawadd recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of the 'prime Federal recipient. Include Congressional District, if known 6. Enter the name of the Federal agency malting the award or loan commitment. Include at least one organizational level below agency name, ifknown. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant,,! or loan award number; the application/proposal control numb_ er assigned' by the Federal agency). Include prefixes, e.g., `IRFP -DE -90 -001:' 9. For a covered Federal action,: where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. O er the full name, address, city, state; and zip code of the lobbying entity engaged by the reporting 10. a Ent,, entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of ,the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI) 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 - 0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintainer the data needed, and completing and reviewing the collection of information. Send comments regarding the burden 'estimate -or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and BudgetOaperwork Reduction Project (0348 -0046) Washington, D.C. '20503. Form DEP 55 -221 (01701) DEP Agreement No. LW437, Attachment B, Page 2 of 2 ATTACHMENT C CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: LW437 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti -trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated, in paragraph 2.(a) of this Certification; and (c) Have not within a three -year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this ,_—_ day of , 20 By Authorized Signature/Contractor Typed NamelTitle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Code Area Code/Telephone Number Page 1 of 2 Form DEP 55 -220 (01101) DEP Agreement No. LW437, Attachment C Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below, 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. I The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a,person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying ';party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier ° covered transactions and all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in `a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required' to, check the Nonprocurement List (Telephone No. (202) 501 -4740 or (202) 501- 4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. ` Tlie knowledge and information of a participant is not required to `exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a ,'lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55 -220 (01/01) Page 2 of 2 DEP Aereement No.'LW437, Attachment G Page 2 of 2 �"'f�`- ...tea.- '.' -'h'T "4z"`y'^' rz's.I`M§.'„ °"2^r r_" .'_`t'- •- S;�°i -'' x 9. t :�"'°' - ,T, '>,, . ,+,, •*Fr*`.T Su3.,2`_ ,`.,PN,r .war. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To Mayor and City Comm'n; Date: April 30, 2003 Sandy A. Youkilis, Acting City Manager ` Ajibola Balogun, Public Works Director From: Earl G. Gallop, City Attorney Re: Resolution approving ROW easement and maintenance agreement REQUEST The city attorney requests the commission to approve the resolution approving the right of way easement and maintenance with SW 70'h Apartments, LLC. BACKGROUND AND ANALYSIS The city commission approved development permits for a mixed -use development located at 6001 SW 74th Street. T he developer, SW 70`" Apartments, LLC, desires to use portions of the eity's'right of way on SW 59t" Place, SW 69" Street, SW 70`" Street and SW 61st Avenue for drainage improvements. The city attorney prepared a right of way easement and maintenance agreement to, (1) authorize the developer to use the rights of way for drainage I improvements; (2) require the developer to maintain the facilities in a safe condition and to correct unsafe or dangerous conditions; (3) provide for indemnification of the city and I. payment of the cost to correct any unsafe condition; and (4) provide for the imposition of a special assessment lien in the event the facilities are not maintained by the owner and the city expends funds to correct the condition. Counsel for the developer and the city, negotiated the particular language regarding the special assessment lien and were able to reach an agreement, which is expressed in the contract. RECOMMENDATION Approve the resolution, I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 CONTRACTS; APPROVING A RIGHT OF WAY AND 7 MAINTENANCE AGREEMENT WITH SW 70TH APARTMENTS, 8 LLC; PROVIDING AN EFFECTIVE DATE: 9 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami 12 approved development permits for a mixed -use development located at 6001 SW 13 7& Street; and, 14 15 WHEREAS, the developer, SW 701" Apartments, LLC, desires to use 16 portions of the city's right of way on SW 50 Place, SW 69th Street, SW 70th 17 Street and SW 61St Avenue for drainage improvements; and, 18" 19 WHEREAS, the Mayor and City Commission approve the easement and 20 maintenance agreement which is attached to this resolution.. 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 right of way easement and maintenance agreement 26 between the City of South Miami and SW 70th Apartments, LLC, which is 27 attached to this resolution, is approved. The city manager is authorized to execute 28 and deliver this agreement. 29 30 Section 2. This resolution shall take effect immediately upon approval 31 and upon being recorded in the public records of Miami -Dade County.. 32 33 PASSED AND ADOPTED this 6 to - day of May, 2003. 34 35 ATTEST: APPROVED: 36 3? 38 CITY CLERK MAYOR 39 40 41 42 I COMMISSION VOTE: 2 READ AND APPROVED AS TO FORM: Mayor Feliu: 3 Vice Mayor Russell: 4 Commissioner Wiscombe: 5 CITY ATTORNEY Commissioner Bethel: 6 Commissioner McCrea: 7 8 1 \02srvplaw \prolaw \Documents \0022TGG\17798.doc - CSM Reso- contract -SW 79 Apt ROW 9' i L - Page 2 of 2 RIGHT OF WAY EASEMENT AND MAINTENANCE AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND SW 70TH APARTMENTS, LLC Whereas, Owner has requested, and the City has agreed, subject to the terms and conditions in this Agreement, to grant Owner the right to construct off -site drainage facilities ' on the City's right -of- way abutting the property as described below (the "Property'); and, Whereas, the address of the Property is located at 6001 SW 70th Street, South Miami, Florida 33143; and, Whereas, the right -of- -way is located on SW 59th Place, SW 69t1i Street, SW 70th Street and SW 61St Avenue; and, Whereas, the drainage improvements consist of four drains and drain fields into which drainage from the public right -of -ways ;shall flow; and, Whereas, the drainage plans and specifications for the property prepared by Sun- Tech Engineering have been approved by the City. Now, therefore, this Agreement is entered into this day of May, 2003, by and between the City of South Miami, Florida, a Florida municipal corporation, and SW 70th Apartments, LLC a Florida limited liability corporation, for itself and for its successors, assigns and heirs (Owner), in and for the consideration of ten dollars ($10.00) and the mutual covenants contained in this Agreement, the receipt and legal sufficiency of which is acknowledged by both parties. 1. WHEREAS CLAUSES 1. 1. The above Whereas clauses are incorporated into this Agreement. 2 LEGAL DESCRIPTION OF THE PROPERTY AND RIGHT-OF-WAY 2.1 The property which is bound by this Agreement is legally described as: Lots 1 <through 25 Block 15, Larkins Townsite Subdivision, City of South Miami, as recorded in Plat Book 2, at Page 105 of the Public Records of Dade County, Florida. 2.2 The right-of-way upon which the drainage improvements are to be constructed and maintained by SW 70`x' Apartments, LLC is legally described as follows: Page I of 6 SW 70th Street between SW 59th Place and SW 61' Avenue; SW 69th Street between SW 61St Avenue and SW 59th Place; SW 61't Avenue between SW 69th Street and SW 70th Street; SW 59h Place between SW 69" Street and SW 70th Street 3 DRAINAGE IMPROVEMENTS 31 Owner shall construct the drainage improvements on the above- described right -of -way in accordance with the plans which were prepared Sun -Tech Engineering, dated 2/28/02 as later amended, and which were approved by the City on 12/9/02, and as they maybe; amended by Owner and approved by the City from time to time (collectively the "Approved` Plans"). 32 Owner shall ' satisfy all state, county and City plan review, permitting and construction standards, including, but not limited to, limiting the location where drainage trenches can be installed and specifying the standards for drainage system construction 3.2 Owner shall maintain the drainage improvements in good repair at all times, at its sole expense, and prevent the drainage improvements from becoming traffic and pedestrian hazards. The Owner shall be entitled to enter the right -of -way; as necessary to perform .necessary maintenance, subject to standard permit requirements. The City shall have the right, but not the obligation, to repair the drainage improvements upon giving the Owner 3(3 -days. written notice of any necessary repairs, and Owner's failure to perform the repair within an additional 30 -day period. The cost of the repairs shall be charged to and shall be reimbursed by the Owner within 30 days of receipt of the invoice from the City. 3.3 Owner shall have the right to enter the right -of- -way for the purpose of constructing and maintaining the drainage improvements. Owner shall secure necessary permits from the City to perform the work and shall notify the Public Works Department of its work schedule and work plans. 4 RESERVATION OF RIGHTS 41 The City reserves the right to enter upon the right -of -way at any time for any municipal purpose, including, but not limited to, clearing accidents, maintaining the right -of -way, placement of telecommunication cables and equipment. The City, or its agents and licensees, and independent contractors, shall disturb the drainage improvements as little as possible to accomplish the municipal purpose; and the City shall be responsible for repairing any damage to the drainage improvements caused by the City, its agents, licensees and independent contractors. 5 CORRECTION OF UNSAFE CONDITION Page 2of6 5.1 The drainage improvements shall be maintained in a safe condition at all times by Owner. In the event the City determines that an unsafe or dangerous condition exists in the right -of -way which is caused in whole or in part by the Owner's failure to maintain or to restore the improvements as required under this agreement, the City has the right, after giving the Owner 30- days written notice, to cure, repair, correct or modify the drainage improvements and the affected right -of -way at the Owner's expense. 5:2 If the City determines that the unsafe or dangerous condition is of an emergency nature, which threatens public safety or damage to property, it may take immediate action to remedy the situation. The City shall give notice of the emergency condition and the corrective action to the Owner as soon as is practicable. 6. AND HOLD HARMLESS 61 Owner shall indemnify, defend and hold the City harmless for any claim, investigation, settlement, judgment or expense, including reasonable attorney's fees and costs necessarily incurred, arising out of or relating to any claim for death or bodily injury, property damage, including damage to the right -of -way, or personal injury that is caused in whole or in part by the construction and maintenance, or the failure to maintain the drainage improvements. 7. UTILITY AND RIGHT OF WAY IMPROVEMENTS 71 Owner shall install additional inlets and pipe to route runoff from the right-of-way to existing inlets pursuant to the approved plans. 72 Owner shall upgrade the right -of -way pursuant to the City's current master plan, as depicted in the approved plans, including streetscapes, wider sidewalks, landscaping and applicable texture pavements. 8. STORM WATER USER FEES 9.1 Owner shall be responsible for payment of Stormwater User Fees to Miami -Dade County for the property which shall be determined based solely upon the on -site and the <off-site impervious square footage of the Property. 9 SPECIAL ASSESSMENT LIEN 9.1 Any cost incurred by the City to maintain or repair the drainage system, either incident to an emergency action or upon the failure of the Owner to maintain or repair the system as required under this agreement after receipt of written notice by the City, or to correct a dangerous or unsafe condition, or any cost incurred by the City to defend or pay any claim, investigation, settlement, judgment or expense, Page 3 of 6 including reasonable attorney's fees and costs necessarily incurred, arising out of or relating to any claim for death or bodily injury, property damage, including damage to the right -of -way, or personal injury that is allegedly caused in whole or in part by the construction and maintenance, or the failure to maintain the drainage improvements shall constitute a lien against the property. The lien shall have the status and priority of a special assessment lien. The City shall have the right and the power to record the lien if the cost is not paid by the Owner to the City within 30 days of issuing the invoice for costs and to thereafter enforce the lien by foreclosure and by any other lawful means. 10. PERPETUAL DURATION OF RIGHTS AND OBLIGATIONS 10.1 The rights, powers and obligations under this Agreement shall run with the property into perpetuity and shall bind the successors, assigns and heirs of the Owner and the City. 10.2 This Agreement shall be recorded and the property shall be encumbered by this Agreement. 11. NOTICES 11.1 All notices given or required under this Agreement shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the Owner specified, in this Agreement, unless the Owner shall specify in writing different address for the giving of notices, and by telecopier (facsimile) transmission to the telecopier number specified in this agreement. 12. CON TTACTIN G OFFICER REPRESENTATIVE 12.1 For the purposes of this Agreement, -the contracting representatives are as follows: For the City, of South Miami For SW 701h Apartments, LLC Name: Sanford A. Youkilis, AICP Name: Marc S. Pollack Title: Acting City Manager Title: [][Authorized Agent 6130 Sunset Drive 5555 Glenridge Connector South Miami, Florida 33143 Suite 700 Telephone: (305) 668 -2510 Atlanta, GA 30342 Facsimile: (305) 663 -6345 Telephone,: (404) 459 -6100 Facsimile:: (404) 459 -6248 13 JURISDICTION AND VENUE Page 4 of 6 .ate..,,- - 13.1 For the purposes of this Agreement, Florida law shall govem the terms of this Agreement. Venue shall be in Miami -Dade County, Florida. 14. NON - WAIVER OF SOVEREIGN IMMUNITY 14.1 The City does not waive sovereign immunity, and shall not be liable, for the payment of attorney's fees or prejudgment interest. 15. INSURANCE 15.1 Omer will maintain throughout the period of this Agreement Comprehensive General Liability insurance, All Risk insurance, Builder's Risk Insurance (to the date of approval of the facilities by the city which shall not be unreasonably withheld), Workers' Compensation Insurance, Commercial Liability Insurance, and coverage for legal liability for loss or damage to drainage improvements and the City's right -of -way arising from negligence of Owner's employees. The policies shall have minimum limits no less than $1,00.0,000.00, and name the City as an additional insured provided, however, Owner's naming of the City as an additional insured shall apply only to loss or damage to the drainage improvements.. 16. SIGNATORY AUTHORITY 16.1 The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding Agreement. IN WITNESS WHEREOF, this Agreement is accepted and delivered on the date stated above by the following signatories. CITY OF SOUTH MIAMI SW 701h Apartments, L,LC Property Owner By By Sanford A. Youkilis, AICP, [Print Acting City „Manager Name: As [Print Corporate Title] ATTEST: ATTEST: By: By Ronetta Taylor, City Clerk [Print Page 5 of 6 Name: As: [Print Corporate Title] APPROVED AS TO FORM AND CONTENT: By; Earl G. Gallop, City Attorney STATE OF FLORIDA ) ss: COUNTY OF MIAMI -DADS ) ACKNOWLEDGEMENT OF PROPERTY OWNER The foregoing instrument was acknowledged before me this day of 2003 by of as on behalf of the Property Owner, who is personally known to me or has produced as identification, Notary Public, State of Florida Paint name: Commission No: STATE OF FLORIDA ) ss COUNTY OF MIAMI -DADS ) ACKNOWLEDGEMENT OF CITY OF SOUTH MIAMI The foregoing instrument was acknowledged before me this day of 2003 by SANFORID A. YOUKILIS, AICP, Acting City Manager, and RONETTA TAYLOR., City Clerk, of the City of South Miami, on behalf of the City, who are personally known to me Notary Public, State of Florida Print name: Commission No: Page 6 of 6 l I ORDINANCE N0, 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STREETS; 5 AMENDING ORDINANCE NO. 01 -03 -1785 IN ORDER TO CORRECT 6 SCRIVENER'S ERROR AS TO STREET ADDRESS, APPROVING THE 7 TRANSFER JURISDICTION OVER CERTAIN STREETS TO MIAMI -DADE 8 COUNTY; PROVIDING. FOR SEVERABILITY, ORDINANCES IN 9 CONFLICT, AND AN EFFECTIVE DATE. 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami enacted 12 Ordinance No. 01 -03 -1785 on January 21, 2003, approving the transfer jurisdiction over certain 13 ` streets to Miami -Dade County; and; 14` 15 WHEREAS, the city has learned since the enactment of Ordinance No. 01-03-1785 that 16 there was a scrivener's error as to an address listed in Area III, itemized in the ordinance, which 17 must be corrected; and 18 19 WHEREAS, the Mayor and City Commission desire to amend Ordinance No. 01 -03- 20 1785 correcting the address listed in Area III. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMIYIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 24 25 Section 1. Pursuant to the authority granted to local governments under sec. 26 335.0415 and sec. 337.29, Fla, Stat., the City of South Miami hereby transfers jurisdiction to 27 Miami -Dade County over the rights -of -way for the streets listed below: 28 29 AREA l 30 31 1 SW 41st Street between SW 64th Avenue & SW 65th Avenue 32 2. SW 42nd Street between SW 64th Avenue & SW 65th Avenue 33 3`. SW 42nd Terrace from SW 64th Avenue & SW 65th Avenue 34 4. SW 43rd Street from SW 64th Avenue & SW 65th Avenue 35 5. SW 44th Street from SW 64th Avenue & SW 65th Avenue 36 6. SW 64th Avenue from Bird >Road to SW 44th Street 37 7. SW 65th Avenue from Bird Road to SW 44th Street' 38 39 AREA 2 40 41 1. SW 60th Place between Bird Road & SW 42nd Street 42 2. SW 60th Court from Bird Road to SW 44th Street 43 3. SW 59th Avenue from Bird Road to SW 42nd Terrace 44 4. SW 58th Avenue from SW 41st Street to SW 44th Street 45 5. SW 41st Street from SW 58th Avenue to SW 60th Court 46 6. SW 42nd Street from ;SW 57th Avenue to SW 60th Court Additions shown by underlining and deletions shown by ever-stfilEing 1 7. SW 42nd Terrace from SW 57th Avenue to SW 60th Court 2 3 AREA 3 4 5 1'. SW 48th: Street from SW 58th Avenue to SW 63rd Avenue 6 2. SW 49th Street from SW 58th Avenue to SW 63rd Avenue 7 3 SW 50th Street from SW 58th Avenue to SW 63rd Avenue 8 4. SW 58th Avenue from SW 48th Street to SW 50th Terrace 9° 5. SW 59th Avenue from SW 48th Street to SW 50th Terrace 10 6. SW 6& Place from SW 48th Street to SW 50th Terrace 11 7. SW 62nd Avenue from SW 48th Street to SW 50th Terrace 12 8. SW 63rd Avenue from SW 48th Street to SW 50th Terrace` 13 14 A map depicting the corrected transferred rights -of -way is attached as app. 1. The transfer of 15 jurisdiction shall be effective upon the approval of a resolution or ordinance' by Miami -Dade 16 County accepting this corrected transfer of jurisdiction. The city clerk is directed to deliver this 17 ordinance to the clerk for Miami -Dade County; 18 19 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 20 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 21 affect the validity of the remaining portions of this ordinance 22 23 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 24 ordinance are repealed: 25 26 Section 4. This ordinance shall be codified and included in the Code of Ordinances. 27 28 Section 5. This ordinance shall take effect immediately upon enactment. 29 30 PASSED AND ADOPTED this day of 2003. 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 COMMISSION VOTE: 37 1" Reading Mayor Feliu: 38 2nd Reading - Vice Mayor Russell: 39' Commissioner Bethel: 40 Commissioner Wiscombe: 41 READ AND APPROVED AS TO FORM Commissioner McCrea: 42 43 44' CITY ATTORNEY 45 46 Additions shown by underlining and deletions shown by everstr-ilei-ng '?tt„`',^'�' 1 2 3 4 5 \\Dell 61OQ\ Documents \0022\EGG \17468.doc Additions shown by underlining and deletions shown by everstr -iking ��. .is.�'- °n"�,.�- �.m7�^°'�„-x %� .Se,§3 �".:'�"^,r� ,,�, ; , xs',, ,:�'if�� ^T,�:, �""':' -€�?�„ �.,, "'�',..'.r^� r�,�- : F] . , ;, ,.,��,..r� -: ^,,a�� � ' �`•r, v,.'�`�, �. M, �,e�+`a�v MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA z > �uF , COUNTY OF MIAMI-DADE: rx s Ar Before the undersigned authority personally a eared ` O.V. FERBEYRE, who on oath says that he or he s the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday .............. z s, and Legal 'Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING- 5/6/03� NOTIC>�I'SERE�3Y iv�n that the�ity�om rssusn�ot a Cd of kSAythgMtaim���f�lot�" ��a�wlll�� 'u�t�raPUbII%,�T�e�ann�� uigksr�� Iar�yClij± ORD, RELATING TO STREETS; AMENDING ORD. NO. 01 -03 -1785 Commrsslonmeetmg7 a tla> la 6 06 begmnrig� 3t �m�nthe'i iUltyyCom�ISSta 'r�Ch�ntlbei�ti�b�S�nse#;Dn�e to�conslde�2�dFeading fi in the XXXX Court was published in said newspaper in the issues of F YAN'zOR 1�1ANCO�I Fr /�YbAND CITaY.OMMI�u511JN To�T�t�,a IO tATI �3 5A, 94/25/2003 � STREEI'u�#4NEfit IN�,t77D1NAN_C � ��3- �iS��Ef���';ry' AINt € S T IM1AI �Rp Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade FpR` S VERABiLiT�O � lC C FL T ND n County, Florida and that the said newspaper has s EFFEi; 1�/E 1)ATC 1's #1� dl g; III E S A heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) 'sirdmjancene�nspctedhttae Gify Ie�cs��otl�Fntlayi and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the Inqumes conr�eigtht sale�shoulb ,directetlto� #fCky�tlriagers attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation r A�f� interest" ei�art�ies, arnut�edtoattenantl�wtll�efleartl� „#t any discount, reba e, commis ' or refund for the purpose of securing :this dvartis ent for ublication in the said � ��i, � ��� � � �����,r r�; � �g �� _ , onettaTe lor; MC ; �nelA,'�Nri er: a akA'3ar'Y�''�rit --tz �* `�� tt���as orsganto1gf a�S at%s88o1p5hs Cj#ers sethexpublrs �tha't i #�pe�rsan t�ecitl seta �peeliany ,ec�,isior� ,,ac�e'bY this o�d�gency i orC rmissiohwi# £ I3ecttga matters cnlcta its rl�ee�ingof Sworn to and sub r bed before metoN -_ ��heanng, he ot+a ewtll need a�recor $of ih4ic�tl�g��ad th'�atvfotsuch pure °s�fs p� me±ioeraarverburecor�of 25 ay of A RI N i :� a e�,n ttae r cee t c� la rnad chic Deco tl inc udes£ t e testimony ab, ta 4 �uar"icl�ha�eis to be od 2 u3_5f %357$ITIN (SEAL) OFFICIAL NOTARY SEAT O.V. FERBEYRE personally iown to mETT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 9129.r5 8 MY COMMISSION EXP. ENE 23,200 a so UIT, South Miami All- America City INCORPORATED: 1927 �OR1V 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 6, 2003 City Commission ii Re: Item No. ,/ From: Sanford A. Youkilis LDC Amendment Acting City Manager ERPB Membership REOUEST: AN ORDINANCE OF THE MAYOR AND CITY: COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD (ERPB), AMENDING SECTION 20- 6.1(C)(1)(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE ARCHITECTURE PROFESSION; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND Section 20- 6.1(c)(1)(a) of the South Miami Land Development Code specifies that the Environmental Review and Preservation Board (ERPB) shall consist of seven (7) members who reside or work in the city. However, the current membership of the ERPB at this time does not contain any members from the field of landscape architecture. It would be very helpful to have the ERPB should contain at least one member with landscape architecture experience, in order to help the Board review this aspect of applications before the ERPB. This ordinance would amend to the South Miami Land Development Code, increasing the number of members of the ERPB to nine '(9), and requiring that at least one member shall be from the field of landscape architecture. On March 25, 2003, the Planning Board voted 5 -0 to recommend approval of the ordinance. RECOMMENDATION APPROVAL of the Ordinance upon first reading. Attachments: Draft Resolution Planning Board Minutes SAY /RGL�' KAComm Items\ 2003\ 04- 22- 03 \ERPB membership increase report.doc 1 2 ORDINANCE NO. 3 4 5 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW 7 AND PRESERVATION BOARD (ERPB), AMENDING SECTION 20- 8 6.1(C)(1)(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO , 9 INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND 10 REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE 11 ARCHITECTURE PROFESSION; PROVID G FOR AN EFFECTIVE' DATE. 12 13 WHEREAS, Section 20- 6.1(c)('1)(a) of the South Miami Land Development Code specifies the 14 establishment and membership of the environmental review and preservation board (ERPB) and, 15 16 WHEREAS, the current code specifies that the ERPB shall consist of seven (7) members who reside 17 or work in the city; and 18 19. WHEREAS, the membership of the ERPB at this time does not contain any members from the field 20 of landscape architecture, and 21 22 WHEREAS, the City Commission deems it advisable that the ERPB should` contain at least one 23 member with landscape architecture experience; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section' 1. That Section 20 -6.1 entitled "Environmental Review and Preservation Board," 29 of the City's Land Development Code, is hereby amended to read as follows: 30 31 (C) Environmental Review and Preservation Board. 32 33 (1) Establishment and Membership. 34 35 (a) An environmental review and preservation board is hereby created which 36 shall consist of seven (7) nine 9 members who reside or work in the city. 37 38 i. The mayor, with the advice and consent of the city commission, shall 39 appoint the members of the board. 40 41 ii. Board membership shall include at least one 1) landscape architect, 42 and two (2), but no more than four (4), architects of landseape 43 °rte hite-ets licensed to practice in the State of Florida. 44 45 46 47 48 49 i I 50 51 l 2 3 4 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this 5 ordinance are hereby repealed. 6 7 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 8 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 9 validity of the remaining portions of this ordinance. 10 11 Section 4. This ordinance shall be effective immediately after the adoption hereof. 12 13 14 PASSED AND ADOPTED this day of 2003: 15 16 17 ATTEST: APPROVED 18 19 20 21 22 CITY CLERK MAYOR 23 24 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 25 Mayor Feliu: 6 Vice -Mayor Russell: 27 Commissioner Bethel: 28 Commissioner Wiscombe 29 CITY ATTORNEY Commissioner McCrea: 30 31 32 K:\PB\PB Agendas Staff Reports\2003 Agendas Staff Reports \03- 25- 03 \ERPB membership increase Reso.doc CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes = Tuesday, March 25, 2003 Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Mann, Ms. Gibson and Mr. Illas. Board members absent: Mr. Comendeiro and Ms. Yates. City staff present: Richard G. Lorber. (Planning Director), Gremaf Reyes (Video Support), and Maria M. Menendez (Board Secretary). (B) PB -03 -004 Applicant: City of South Miami Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD;,(ERPB) AMENDING' SECTION 20- 6.1(C)(1)(A) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO INCREASE MEMBERSHIP OF THE ERPB TO NINE MEMBERS AND REQUIRE THAT AT LEAST ONE MEMBER BE FROM THE LANDSCAPE ARCHITECTURE PROFESSION; PROVIDING FOR AN - EFFECTIVE DATE. Action The Board and staff discussed the proposed amendment. Staff clarified that the purpose of the above amendment is to require that at least one member of the board be from the landscape profession. The amendment is also increasing the membership for the purpose of ensuring quorum since the board meets regularly twice a month during business hours, which makes it difficult for members to attend every meeting. Motion; Mr. Mann moved to approve the proposed resolution as presented. Mr. Liddy seconded the motion. Vote: Ayes '5 Nays 0 i .,.� ,,tea,=, t;ar -°^.fir . �r���i. +fir m'�a.ti: �."�^��x ,>,���,nry°�*+ T,;'T'r °;w,,^�•�"`� °.. _ s' R".�x.T'�..,— gi���;,�r�"`7�r�..f'=''°*' � .v. <Yo . g MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami. -Dade County, Florida �� � �,�x� 01 1■I��' �fi�y` � r� STATE OF FLORIDA�� x, + MR, W COUNTY OF MIAMI -DADE: rt �r f Before the undersigned authority personally appeared n V. FERBEYRE, who on oath says that he or she is the me SUPERVISOR, Legal Notices of the Miami Daily Business M ' t aIIIU�M1 w , Review f /k/a Miami Review, a daily (except Saturday, SundayN�CE OFP�JBL t:�'1EAR N�GSflyn and Legal Holidays) newspaper, published at Miami in Miami -Dade r County, Florida; that the attached copy of advertisement, NOTICEISMHREB given "tliatllettty mmission of the City of being a Legal Advertisement of Notice in the matter of :SDUtitahil,lotla uillufWblrtlea r�sditctta regular Cl l�imlastoieuesa�Xr1� ;2(tDe�rinmg a# 30ptn the 31 Glty Cornmissi�n�hambers, "61, 30 Sunsetbnve,goler ]s�Reatlmg CITY OF SOUTH MIAMI - PUBLIC HEARINGS - 5/6/03 1pfthefoilo tngtlescnpedord1, aft, e(s)w,+ ORD. RELATED TO THE ENVIRONMENTAL REVIEW, ETC. j h£ x« "Mitt t t nlNai�F�rtarR►+rFr�coN� f In he XXXX Court,. � E ClAT (3Ft yS �JT '1VII IIip, � OF11DA El; 1 R,O was published in said newspaper in the issues ofT#iE ENUIRNMENTl1LREtNW NDP E E YAIOi� OARD��RBB�f11tlEl�tflif�f,�5E�1 111(A) #DF 7E"S+DUTF�AItNEEi= 04,125/2003 INCREAS NIEftlIBERSHIRUFFH�� E'j)EIIBERS�, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has 1 # pfd ORDI�1pM� a F"GHE ^MAYOR AND t s CQ IIIMiS7SIQM -, l heretofore been continuously published in said Miami -Dade CountyOFsT (EC�TYOFSOTHMtlAM,L�R�� R£LiED# Florida, each day (except Saturday, Sunday and Legal Holidays) THECi�DE,ENFOROEIENT �OftlD4�lEIQING SE�CTIQI� �� �R�lu�.�►I�D SE1CTlON�20�; 1, ��C) F�„ TMESO� J���1(,�I�1AM��L�A�1����� ;; office n Miamientsaid Miami class for the post s! DEVELOPMENTS COQE;OiREPLACE'$f�71IE3T0; ! �HErG(JDE:ENFQ�3CEMEN rBOARpH)CH4 MASBEEN` ' i period of one year next preceding the first publication of the�fLItINIJ� %EDy P�OY�ti7IN� =FRAM §EFfET DPI' attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation - Said ord ce can ir �s,pecte tot a i'ity e ltl �or�rla + Fnday { any discount, re te, commi or refund for the purpose dunng r ff ae� r^�� of securing thi advertis ent fo publication in the said �, In�uines conce�nir�gttlJtsiter>��. ho�uld b ed`to the Planning netivs�a ee: �`De artme�tat0 6 63�'S `t'� �L #e,�.gst+aCia�r' ie$`�: fctvl�ed)�rttel'idlaar)d��t�� ae�t��°� �` Sworn to and subs d before me this h ,�r az City CI k 25 ft of AP A r } Pursuant toFionda a u)e "286 145, the`City hereby advises the.public ihataf�a' `porso,de�Ideso,ap�p,�`ai:~art� �iecistonEmade by this Board Agency 4 ay _� Dior Co�m)sstbn �vtth re$peot #o any�ri�atter co�slde�ecJ ��its meeting or i . �eanng�, �he�r�he�nllneec ,arecordo�theproceedings antl�thatfo`rsuch (SEAL)purposes# fctedprsq�ayneedtoertsurcthtfyerbatimtrpcorti of i OFFICIAL NOTARY SEAL he proceeding �s na e Ewhlc�ecor tnplud�s the testlrnony and evitlencetupofiw tent a peal tsa bs based�'�� �, ETT LLERERIA O.V. FERBEYRE persona �n� 4125 IT�i'A�C M'A'TE OF FLORIDA COMMISSION NO. C'C 912958 MY COMMISSIOAI`EIP. JUNE 23,2€ a� Sours South Miami All- Amedcacily �.. INCORPORATED ' 1927 i ficoRXO 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 6, 2003 City Commission Re: Item No. From: Sanford A. Youkilis LDC Amendment Acting City Manag Social Service Agencies as Permitted Uses REQUEST. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20= 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" BY CHANGING THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY AS A PERMITTED USE IN THE CITY'S ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Currently, Social Service Agency is a permitted use in several zoning districts, including the Public Institutional zoning districts, all the office districts, and the lower intensity retail districts. It is also a permitted use in the TODD -LI light industrial zoning district, centering around Commerce and Progress Lanes. Recently, the City Commission had several public discussions regarding the Fellowship House facility located in the industrial area on Commerce and Progress Lanes.' The advisability` of having such a large social service agency in the industrial area was discussed by the Commission, Fellowship House staff, and local business owners. The Commission forwarded a' request to the Planning Board to examine the issue, with the aim of revising the permitted use schedule to address the problems and concerns raised regarding Social Service Agencies. FELLOWSHIP HOUSE Fellowship House is >a Social Service Agency serving the mentally ill. They have many different programs in operation, and provide important services to the community. Their original facility has grown from a one building operation on Progress Lane to a multi- building operation comprising several buildings on Commerce Lane and Progress Lane. Fellowship House has a long history of providing important services, but there have also been periodic complaints from nearby property owners regarding the impacts of their operations. The complaints have centered around the Fellowship House "members" walking around the narrow streets of the neighborhood (there are few sidewalks) in the middle of the street, or loitering in the general area of the facility. Ml wgF7 .,"r.. `^4 _"vE"% .`..,., >a. �. „�?fi"m: �.',.- �,,...,f'^T, e�.,...� LDC Amendment Social Service Agencies May 6, 2003 Page 2 of 2 Recently, Fellowship wship House undertook a new program, which will increase the daily number of people by another 50 people, bringing the daily total to almost 250 people. Nearby neighbors have complained that this increase in the number of people attending Fellowship House will increase the negative impacts on the area. ZONING REGULATIONS As stated above, currently Social Service Agencies are a permitted use in several zoning districts. One alternative would be to change Social Service Agencies to "S" Special Use in the schedule of permitted uses in the Land Development Code. This would subject any new social service agency, or any proposed, expansion of an existing social service agency, to the Planning Board and City Commission public hearing process. This process could be used to assess the compatibility of the proposed use with the surrounding neighborhood, and to add conditions of operation on a case-by-case basis. This course of action is contained in Alternative "A" in the attached draft resolution. This would change Social Service Agency to a special use in each of the zonin g districts in which they are currently permitted. While changing Social Service Agency to a special use is advisable in order to examine each application on �� a case-by-case basis, some people have: argued that social service agencies do not even belong in'the light industrial area, in this case the Commerce and Progress Lane area. This approach would remove Social Service Agency completely from the list of permitted uses in the TODD Ll light industrial zoning district. This would mean that no new agencies could locate in this area, and the existing agency, Fellowship House, would be prohibited from expanding. This also means that if Fellowship House were to bum down, be destroyed by a hurricane, or be damaged beyond 50% of its value, that it could not rebuild and would have to abandon the existing location. This proposal is contained in Alternative "B" in the attached draft ordinance. On March 25, the Planning Board reviewed the proposed ordinance and voted 5-0 to recommend approval of Alternative "A". RECOMMENDATION Planning & Zoning staff believes that problems arising from Social Service Agency uses would be best addressed through the Planning Board special use public hearing process. Each proposal could be addressed on a case-by-case basis, and future expansion of existing facilities could be prevented if warranted. The Department also tries to avoid creating nonconforming uses, which would be created by Alternative "B." Therefore, the Department recommends Alternative "A." APPROVAL of Alternative "A" upon first reading Attachments: Draft Ordinance Planning Board Minutes SAY/RGL\�� KACornrn Items\2003\04-22-03\social svc agency report.doc 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI LAND' 5 DEVELOPMENT CODE, AMENDING SECTION 20- 3..3(D) ENTITLED 6 "PERMITTED USE SCHEDULE BY CHANGING THE PERMISSIBILITY OF 7 "SOCIAL SERVICE AGENCY" AS A PERMITTED USE IN THE CITY'S ZONING 8 DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING < FOR 9 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has recently had discussions regarding the Fellowship House 12 facilities located on Commerce and Progress Lanes in the TODD -LI Light' Industrial Zoning District; and 13 14 WHEREAS, these discussions centered upon the potential impacts of operation and possible 15 expansion of a Social Service Agency within the Light Industrial District; and 16 17 WHEREAS, the City Commision directed the Planning & Zoning Department to forward to the 18 Planning Board an examination of the permitted uses in the Light Industrial and other zoning' districts, 19 and, more particularly, the advisability of permitting Social Service Agencies in the Light Industrial 20 zoning district or other districts, or allowing their expansion; and 21 22 WHEREAS, on , the Planning Board held a public hearing on the issue and voted 23 to the proposed ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 26 THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section I That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land 29 Development Code is hereby amended to read as follows: 30 31 ALTERNATIVE «A» 32 33 Section 20 -3.3 (D) Permitted Use Schedule 34 35 PUBLIC AND INSTITUTIONAL USES 36 37 Social Services ZONING > DISTRICT R R R R R R R- L R R 'L M N S G T' T T T T H P P C P S S S S S T T R M 0 0 0 R R R 0 0 0 0 O 10 I- R 0 A' 1 2 3 4 5 6 9 M 2 S S S S S D 'D D D D N R- USE TYPE 1 4 D D D D D D x s M M L P P U' U I I R 4 5 4 35 PUBLIC AND INSTITUTIONAL USES 36 37 Social Services P; P P P P P P P P P Agency 10 S S S S S S S S S S *Parking requirement category; I space per 300 sq.ft gross floor area (NOTE; New wording in bold - underlined) 7 I ALTERNATIVE «B» 2 3 Section 20 -3.3 (D) Permitted Use Schedule 4 5 PUBLIC AND INSTITUTIONAL USES Social Services ZONING DISTRICT R R R R R R R L R R L M N S "G T T T T T H P P C P S S 'S S S T T R M O O O R R R O O O O O I R -O A 1 2 3 4 5 6 9 M 2 S S S D D D D D N R USE TYPE 1 4 D D D D D D K s M M L P P U U 'I I R 4 5 4 5 PUBLIC AND INSTITUTIONAL USES Social Services 2 MUM P P P P g P P P P Agency P 10 S S' S S S S S S S 6 * Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording in bold - underlined) g 9 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 10 hereby repealed.' 11 12 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 13 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 14 remaining portions of this ordinance. 15 16 Section 4. This ordinance shall be effective immediately after the adoption hereof. 17 18 19 PASSED AND ADOPTED this day of , 2003 20 21 ATTEST: APPROVED: 22 23 24 25 CITY CLERK MAYOR 26 27 15t Reading - 28 2na Reading 29 ` COMMISSION VOTE: 30 READ AND APPROVED AS TO FORM: Mayor Feliu: 31 Vice Mayor Russell 32 Commissioner McCrae: 33 Commissioner Bethel: 34 Commissioner Wiscombe;' 35 CITY ATTORNEY 2 MUM CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes - Tuesday, March 25, 2003 Board members present constituting a quorum: Mr. Morton; Mr. Liddy, Mr. Mann, Ms. Gibson and Mr. Illas. Board members absent: Mr. Comendeiro and Ms. Yates. City staff present: Richard G. Lorber (Planning Director), Gremaf Reyes (Video Support), and Maria M. Menendez (Board Secretary). D) ITEM: PB 03 -006 Applicant: City of South Miami Request; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA RELATING TO THE CITY OF SOUTH > MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" BY CHANGING THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY" AS A PERMITTED USE IN THE CITY'S ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 'PROVIDING AN EFFECTIVE DATE, Speakers: Tucker Gibbs 'i Action: Mr. Lorber presented the proposed amendment: As the result of several public discussions by the City Commission regarding the Fellowship House facility located in the industrial area on Commerce and Progress Lanes, the Commission forwarded a "request to the Planning Board to examine the issue, with the aim of revising, the permitted use schedule to address the problems and concerns raised regarding Social Service Agencies. Fellowship House is a Social Service Agency serving the mentally ill. They have many different programs in operation, and provide important services to the community. Their original facility has grown from a one building operation on Progress Lane to a multi - building operation comprising several buildings on Commerce Lane and Progress Lane. i Recently, Fellowship House undertook -a new program, which will increase the daily number of people by another 50 people, bringing the daily total to almost 250 people. Nearby neighbors have complained that this increase in the number of people attending Fellowship House will increase the negative impact on the area. Two options were submitted for the Board's consideration: Alternative "A" which would change Social Service Agency to a special use in each of the zoning districts in which they are currently permitted. And, i Alternative "B" which would remove Social Service Agency completely from the list of permitted uses in the Todd LI light industrial zoning' district, and would also create nonconforming uses. I The Board, staff and the speaker discussed the proposed amendment. Motion: Mr. Mann moved to approve Alternative "A" of the proposal as presented. Ms. Gibson seconded the motion. Vote: Ayes 5 Nays 0 aWAX UaCy iiau piannett to name t><oout 5QU lawsuits allege be assigned in all classes; for leading forecasters';' toV i ssue- Conner washed ashore in San that Boston .church officials teachers and professors to be flash.flgod warnings Friday. 7+ l 3 4 South Miaml i da 4 :P boa *. AifB¢�tik IJ 40 CITY OF SOUTHAIA, NOTICE OF PUBLIC HE A ING NOTICEi IS HEREBY given that the City S !4 Commission of the City of South Miami, Florida �d will conduct a- Public Hearing during its regular City Commission meeting Tuesday, May 6, 2003 beginning at 7:30 -p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider 15t s 4 k Reading of the following described ordinances) R., , a tip. - AN ORDINANCE OF THE MAYOR AND CITY . COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CITY OF SOUTH MIAMI Aft LAND DEVELOPMENT CODE, AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE' rx a" 4 i� BY CHANGING THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY" AS 'A PERMITTED USE IN THE CITY'S ZONING DISTRICTS; PROVIDING FORS SEVERABILITY; PROVIDING FOR ORDINANCES IN r " . CONFLICT, AND PROVIDING AN EFFECTIVE'' DATE. Said ordinance can be inspected in the City Clerk's Office, Monday- Friday during- regular... office hours. Inquiries concerning this item should be directed, to the City Manager's Office at 305 -663- 6326. r ALL interested parties are invited to attend ands will be heard. ` Ronetta Taylor, CMC 'X�l City, Clerk City of South Miami - , MIAMI BOCA RATON POMPANO 1400NW 167th St. 6598 N. Federal Hwy. 2201 W. Atlantic Blvd. Pursuant to Florida Statutes: 286.0105, the City hereby advises the public that if a person decides to appeal any decision madefby this Board, Agency or CommissioCy (305) 356 -1910 (561) 998 -5575 (954) 917 -6675 .: with respect to any matter considered at its meeting or hearing, he or she will need ?i rchase - Payment of balance within One Year. -if not paid in full within One Year, record of the proceedings; and that for such purpose, affected person may need to" . ible deposit -Mir um finance amount is $499. Savings based on Manufact rers ensure that a verbatim record' of the pro ceedings;is made. which record includes the._, testimony and F evidence upon udtiich the appeal is to be ba.�ed. 4, . o� s°U7, South Miami All- AmedcaCily INCORPORATED 1927 RX9 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 6, 2003 - City Commission Re: Item No.- 43 From: Sanford A. Youkilis LDC Amendment Acting City Manage Code Enforcement Board Elimination REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT BOARD, AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE CODE ENFORCEMENT' BOARD, WHICH HAS BEEN ELIMINATED; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND The City Commission recently voted to eliminate the Code Enforcement Board, and replace it with a Special Master system. This was done in order to cut down on the number of fines and liens that were being waived by the Code Enforcement Board. A Special Master is a semi judicial position, usually filled by a retired judge or attorney on 'a part time basis, who acts as a hearing officer, and hears appeals of code enforcement fines and citations. The City's Land Development Code contains several references to the Code Enforcement Board. This ordinance would eliminate reference to the Code Enforcement Board in the Land Development Code, and replace it with the words Special Master, where appropriate. On March 25, the Planning Board reviewed the proposed ordinance and voted 4 -1 to recommend approval. RECOMMENDATION APPROVAL of the Ordinance "upon first reading. Attachments: Draft Ordinance Planning Board Minutes SAY/RGLA- K: \Comm Itcros\2003 \04= 22 -03 \- report.doc „� ,..,- �- ^�- �ir`- .�; -.r,- ::::^fir ,. -'�`° - ?�^ -�--,- ��+. ��, .,.: , .r .:;,.. ,,w....- `�`° -`-, �;- '- •^- .�""t -z: �:,:, �„ �.�- ,.rr .��;;°,,�„ �^�^s s:.r.. ��"H.:s r I 2 ORDINANCE NO. 3 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 6 OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT 7 BOARD, AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH 8 MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE 9 CODE ENFORCEMENT BOARD, WHICH HAS BEEN ELIMINATED; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, The City Commission recently voted to eliminate the Code Enforcement Board, and 13 replace it with a Special Master system; and, 14 15 WHEREAS, The City's Land` Development Code contains several references to the Code 16 Enforcement Board; and 17 18 WHEREAS, it is now necessary to eliminate reference to the Code Enforcement Board in the Land 19 Development Code, and replace it with the words Special Master, where approriate; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1 That Section 20 -4.4 entitled "Off- Street Parking Requirements, of the City's 25 Land Development Code, is hereby amended to read as follows: 26 27 28 20 -4.4 Off - street parking requirements. 29 30 (M) Valet Parking Permits for Use of Public Property. 31 32 (9) Enforcement Fine Schedule and Right to Appeal. 33 34 (a) Enforcement. The City shall enforce the provisions of this Ordinance, 35 including the Valet Operators Code of Conduct. If a violation of this 36 ordinance is found, the City shall issue a Notice of Violation to the violator. 37 The Notice shall inform the violator of the nature of the violation, amount of 38 the fine for which the violator may be liable, instructions and due date for 39 paying the fine, and notice that the Violation may be appealed by requesting a 40 hearing before the City's Special Master Code Enf reement Bear-,a. Failure to 41 appeal within ten days after service of the notice of violation shall constitute 42 and admission of the violation and a waiver of the right to a hearing. 43 44 (b) The following civil fines shall be imposed for each violation: 45 1. Operation without Valet Immediate cessation of Permit service and $250.00 2. Unauthorized /Illegal $150.00 per offense Ramping 3. Unauthorized /Illegal $200.00 per offense Storage 4. Penalty for Lapse in Immediate Required Insurance service and $150.00. In Coverage cases where more than one day has lapsed;' $150.00 per day fine from date of lapse. 5. No Name Tag $25.00 per offense 6. No Uniform $25.00 per offense 7 No Valid Florida $25.00 per offense /and Driver's License immediate removal of the employee from the valet operation. cessation of l 2 3 (c) Rights of violators; payment of fine, right to appeal; failure to pay civil fine, 4 or to appeal. 5 6 i. A violator who has been served a Notice of Violation shall elect either 7 to: 8 9 1. Pay the civil fine in the manner indicated on the Notice; or 10 11 2. Request an administrative hearing within ten days of receipt of 12 the violation before the Special Master Code En f r-e°m °r* 13 lam. 14 15 Section 2. That Section 20 -6.1 entitled "Administrative Entities," of the City's Land Development 16 Code, is hereby amended to read as follows: 17 18 20 -6.1 Administrative entities. 19 (E Code it nt Board, a 20 21 , there is hereby 22 building, R,� n' n and other- related or-dinanees of the eity-. 24 25 26 have been appeipAed and qualified. Appein4fnef4s for unexpir-ed tefms shall be fef 27 remainder- of the term and tHAil a sueeesser- has been appointed and qua4ified-. 28 29 (F) Appellate zz a , 30 31 O T,, 4 nha4 n the- appellate body for- „it appeals of 32 sari, strati < e de 33 34 (2) Exhaustion of r-emedies-. 35 (.,.) ., t,., s., ; �.�gg,i.,.'..,... �y- uir" �° csorc�crr�rr+ vi�� °c-�rccjaircnicnr- cccc�t�xr-vr 37 detefmination may apply to the eetH4 &r- relief unless he or she has fir-s 38 ex ste the o,, edien , yi ,a fe he n take a4 available steps 39 pr-&vided in this Code. u �iiv:v.iivuiw Yiv viu °vu Lvi z -x z?.. , se 3, , V.°,-- -r°'—= ..:;'• <- '�'€'i:'- ,' ---'"" ,°"- "�:,2'A a sn , s+� 1 4 5 6 7 8 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this 9 ordinance are hereby repealed. 10 11 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 12 invalid or unconstitutional by a court of competent jurisdiction, this holding `shall not affect the 13 validity of the remaining portions of this ordinance. 14` 15 Section 5. This ordinance shall be effective immediately after the adoption hereof. 16 17 PASSED AND ADOPTED this day of 2003. 18 19 20 ATTEST: APPROVED: 21 22 23 24 23 CITY CLERK MAYOR 26 27 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 28 Mayor Feliu: 29 Vice -Mayor Russell: 30 Commissioner Bethel: 31 Commissioner Wiscombe 32 CITY ATTORNEY Commissioner McCrea: 33 34 35 K;\PB \PB Agendas Staff Reports\2003 Agendas Staff Reports \03 -25 -03 \Code Enf Bd elim Reso.doc CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes = Tuesday, March 25, 2003 Board members present constituting a'quorum: Mr. Morton, Mr. Liddy, Mr. Mann, Ms. Gibson and Mr. Illas. Board members absent: Mr. Comendeiro and Ms. Yates. City staff present: Richard G. Lorber (Planning Director),'Gremaf Reyes (Video Support), and Maria M. Menendez (Board Secretary). F) PB -03 -008 Applicant: City of South Miami Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE CODE ENFORCEMENT BOARD, "AMENDING SECTION 20 -4.4 AND SECTION 20 -6.1 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE, TO REPLACE REFERENCES TO THE CODE ENFORCEMENT BOARD,` WHICH HAS BEEN ELIMINATED; PROVIDING FOR AN EFFECTIVE DATE. ACTION: Mr. Lorber presented the proposed amendment: The City Commission recently voted to eliminate the Code Enforcement Board, and replace it with a Special Master system. This was done in order to cut down on the number of fines and liens that were being waived by the Code Enforcement Board. A Special Master is a semi - judicial position, usually filled by a` retired judge or attorney on a part time basis, who acts as a hearing officer, and hears appeals of Code Enforcement fines and citations. The City's Land Development Code contains several references to the Code Enforcement Board. This ordinance would eliminate reference to the Code Enforcement Board in the Land Development Code, and replace it with the words Special Master, where appropriate. The Board and staff discussed the proposal. Motion: Mr. Mann moved to approve the request as presented. Mr. Illas seconded the motion. Vote: Ayes 4 Nays 1 (Mr. Liddy) MIAMI DAILY BUSINESS REVIEW Published Daily Holidays ay, Sunday and Legal Ho 1 r k 1 Miami, Miami -Dade County, Florida igq k t +f j STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared° 0 V. FERBFYRE, who on oath says that he or she is the M6 a n,, SUPERVISOR Legal Notices of the Miami Daily Business1'5 �a��I M1AM1 Review f /k/a Miami Review, a daily (except Saturday, Sunday, �1 ©i�LE Q�� LOCH t INGS�� and Legal Holidays), newspaper, published at Miami in Miami- Dade ����� County, Florida; that the attached copy of advertisement, NbTIGE +,IS HBRE glum "tha #ttie§ #;Ityilssloof theF City of < being a Legal Advertisement of Notice in the matter of SoGth ltA�amllcira�ltlr#uctbar�ngsumg �tsegular�lty 09 Comr lss +dnt�eting luesday� y > gp beyipaingai7 0�t*m j�n #heu CIt3i, Dommiss�onCfiambers 6t30 S'un�etDriv�tocansle� i``st 3eadilg CITY OF SOUTH MIAMI - PUBLIC HEARINGS - 5/6/03 ofitthefollowngdescrlbedortlinance�s )4 ORD. RELATED TO THE ENVIRONMENTAL REVIEW, ETC. v5 l u f ��t+ 1��RD1�; �1tICF�,{ �F?�F�` fi4Ai# f, �AF,�q�ID�C�i�1��AIfIIMISSI�N�� � OF TE'CITY OFe OUTH I MI FL IDA ;RELATEDT in the XXXX Court, tk was published in said newspaper in the issues of N THE ENUI OMMt=NTagI� RE�71,E IRM, FIESER /AT,IC7N P BOJII�ERRI;MENDINfii�ETIIO -��( f)�0 �� Y #�;pt►pME�sT���' 04/25!2003 � � INC, AREAS E�MEM�ER$ H��'+OF�T�E�1�'�cNIN�EM1�E13S� �� `AND"�EQ�tJIRET ��'�A��LEAS''U�ON �11�11�,��EiitiB�F�OM` 1���i�1E�L `ANDS��P�d�CHITE,�t�RC �� SSISN;�� ONIDINC,�� Affiant further says that the said Miami Daily Businesswii1� EfF>ECT�l� Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has Ail bRDINANCE OF7 HE NIA D At D f71( �OMA�I$$IQN � heretofore been continuously; published in said Miami -Dade County, i' OFrTi1E CIYgF y NIIdA,FL013ID�;�RELATDT Florida, each day (except Saturday, Sunday and Legal Holidays) THCODI= ,ENfORCMNT�OiRIa;a4Mf�Ii�1G SIzCTIQN and has been entered as second class mail matter at the postQ.�Nd! $ETt01 ��I Q THESC3UH IIAIAMI�A # ,�DEI�ELOPMSNTt��"'��D�TO REPLACES ��'EF,IEI�I= S�Ti��F� ; office in Miami in said Miami -Dade County, Florida, foray fHEC[SE ENF7REMI =NT ;BOiRD;HICH yHASEN ' period of one year next preceding the first publication of the i.�Itlltf�ITED $f3g1/IRtNO F IfANFfET1YE;D1� E� attached copy of advertisement; and affiant further says that he or :jam t� of li she has neither paid nor promised any person, firm or corporation Saltltl rya rara�lispectedmt�ptiyCle Ir�ez[utdrday Fntlay any discount, re te, commi or refund for the purposetldnhg of securing thi advertis ent fo publication in the said newspaper: Inqulrles bQ�tcermng his m oultl b di to thei Planning ? Sworn to and subs c ' d before me this �ne�a;Taylo:c�71C 25 of AP 'A Pursuant to Flondata iltesa286� D1 D5, the CI hereb , tivises the' ub6c ty Y, P �t��iiat�ta�pers�nktleci6` es�to�appea��riy�declslonrraacte 'bythls'Board eAgency` o"�Do�mmtsst�h with respe��tp any matter consideretl�a# Its "mestmg�or �- tleann��heorshe�wil( n�eetla�recor��ofthgprot�etling� ,arld'thatfor�uch��� SEAL �purpo�� ,afietl��ersgn�may�rteed�to� ;fin §a�re�`t�iat� verb��rmrecortl of ( ) OFPICIA,L NOTARY SEAL �fhs;y proceedlrlys�s �nade�whlc�h �recortl ir�clwtles hey testimony �antl `� � EIT LLERENA evitlence uPor whlchtheappealklslto bebasetl, � „', O.V. FERBFYRE persona �( „x/25, ,,,� -r,° ,03 3:5515Z9Z9M.. `I 1�T A P C grATE OF FLORIDA a:..h „ ., . _ COMMISSION :CIO, CC 912958 MY COMMISSION'PXP. JUNE 23,2004 o� s O lu r y South Miami All-AmaicaCily • - 1NCORPOR -FD • +t O iii 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: May 6, 2003 City Commission ' Re: Item No. From: Sanford A. Youkilis1 Final Plat Approval Acting City Manager Marshall Williamson Subdivision (Habitat for Humanity) REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON SUBDIVISION (HABITAT FOR HUMANITY); THE PROPERTY BEING LOCATED ` WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. REQUEST Habitat for Humanity has submitted plans for five single- family homes on the former Marshall Williamson property. The plans for the five homes have been approved by the ERPB at its recent meeting; At this time, Habitat is requesting final City approval of the underlying plat for the Marshall Williamson property single- family development. The final plat will enable the development ` of the previously approved five homes to go forward.` RECOMMENDATION APPROVAL of the Final Plat. Attachments: Draft Resolution Letter of request Tentative Plat SAY/RGSL- KACornrn Items \2003 \05- 06- 03 \HabitafPlat - report.doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, REGARDING FINAL PLAT APPROVAL OF UNDERLYING PLAT FOR THE MARSHALL WILLIAMSON SUBDIVISION (HABITAT FOR HUMANITY); THE PROPERTY BEING LOCATED WITHIN THE RS -4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. WHEREAS, Habitat for Humanity staff has requested final City of South Miami approval of the underlying plat for the Marshall Williamson property; and WHEREAS, the Final Plat submitted, entitled "Marshall Williamson Subdivision" conforms to the development regulations specified for the RS -4 single- family residential zoning district of the City of South Miami Land Development Code; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section l: That the final plat entitled "Marshall Williamson Subdivision" is hereby approved. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of 2003. ` ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Commission Vote: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner McCrea: Commissioner Wiscombe: CITY ATTORNEY �lfxFj SU~j$ �4 to G °o4� }w p6 .. 4° O R 0 W I . 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FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE' SURVEY, TESTING, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES; FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS PHASE II ALONG SW 58TH' AVENUE BETWEEN SW 85TH STREET TO SW 87TH STREET AND SW 87TH STREET BETWEEN SW 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF $1.8,200.00 TO BE PAID FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 001 -0000- 132 -2060; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS Following complaint from residents about standing water within the area defined as Snapper Creek Drainage Improvements Phase II, we reviewed the concern and prioritized it as a drainage improvement project to be funded from the South Florida Water Management grant. The areas in question are SW 58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH Street between SW 58TH Avenue and SW 59TH Avenue. As ,part of this 'drainage improvement project the improvement corridor will be resurfaced with applicable pavement marking. We have requested the attached proposal from Consulting Engineering & Science, Inc., one of our Professional General Engineering consultants for the project. The scope of their services will include, route surveying, geo- technical testing, on-site 'data data collection, preparing design plans (construction documents) and permitting, post services, specification, construction contract` documents and construction administration services. The project will be funded from South Florida Water Management District grant account number 001 - 0000 - 132 -2060. The grant account balance, before this request, is $605,372.50. The Public Works Department grant/budget management worksheet is attached. Page 2 of 2 Comm Agenda Item April 30, 2003 RECOMMENDATION It is recommended that the City Commission approve the resolution: Attachments: • Proposed Resolution • Professional Engineering Services Work Order ❑ Engineering consultant's Man -hour Sheet` ❑ Public Works Department grant management worksheet ❑ Map of the proposed project area SAY /RL (WAB) k',.r- 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL 5 SERVICE WORK ORDER WITH CONSULTING ENGINEERING & SCIENCE, INC. FOR 6 PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, TESTING, ONSITE 7 DATA COLLECTION, PREPARATION OF DESIGN PLANS ' AND : PERMITTING, POST 8 DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION 9 ADMINISTRATION SERVICES FOR SNAPPER CREEK DRAINAGE IMPROVEMENTS 10 PHASE II ALONG SW 58TH AVENUE BETWEEN SW 85TH STREET TO SW 87TH STREET AND 11 SW 87TH STREET BETWEEN SW 58TH AVENUE AND SW 59TH AVENUE IN AN AMOUNT OF 12 $18,200.00 TO BE PAID FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT 13 GRANT ACCOUNT NUMBER 001 - 0000 - 132 - 2060;. PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional 16 services Consulting Engineering & Science, Inc., to',' provide route survey, testing, onsite data 17 collection, preparation of designs & permitting, post design services, specifications, contract 18 documents and construction' administration services for Snapper Creek Drainage Improvements Phase 19` II along SW 58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH'Street between SW 58TH 20 Avenue and SW 59TH Avenue; and 21 22 WHEREAS, Consulting Engineering & Science, Inc.; is one of the City's approved Professional 23 General Engineering Consultants; and 24 25 WHEREAS, the proposed services will be funded through South Florida Water Management District 26 (SFWMD) grant. 27 28 NOW, THEREFORE, BE IT DULY RESOLVED BY' THE "CITY COMMISSION OF THE CITY 29 OF SOUTH MIAMI,' FLORIDA, that: 30 Section 1: The City Manager is authorized to execute a Work Order with Consulting Engineering & 31 Science, Inc. for the professional services in connection with route survey, testing, onsite data 32 collection, preparation of :designs & permitting, post design services, specifications, contract 33 documents and construction` administration services for Snapper Creek Drainage Improvements Phase 34 II along SW 58TH Avenue SW 85TH Street to SW 87TH Street and SW 87TH Street between SW 58TH 35 Avenue and SW 59TH Avenue Street in an amount of $18,200.00 from account number 001 -0000- 36 132 -2060. 37 38 Section 2: That the ;attached proposal, - Professional Service' Work Order, be made a part of the 39 resolution. 40 41 PASSED AND ADOPTED this day of , 2003. 42 . 43 ATTEST: APPROVED: 44 45 Ronetta Taylor, City Clerk Mayor 46 47 Commission Vote: 48 READ AND APPROVED AS TO FORM: Mayor Feliu: 49 Vice Mayor Russell: 50 Commissioner Bethel: 51 Earl Gallop, City Attorney Commissioner Wiscombe: 52 Commissioner McCrea: 1 „m. =_r . ; . , off^ . ,!�; , tfi -.-x; , �^;.,.w=-� re �^ �.:.at'T ,.�.r"`.. ,° -`.^�. �'�;r "- ',:,• +7;„��.'��n,r�s-;�:i' , i. :`iu,s�"�.,'i 3F°�? .....� � , w^t„-�+x-*„ — ;.' ,« ..*s ^"�. T,""�., -e"'; �., `�?sr?,r?,'�+.r -2,-�y ,. 04/20/2'003 06:44 FAX 305 3T493(J4 CES, INC. C X002 /OQS CONSULTING ENGINEERING & SCIENCE, INC. Civil Engineers Coastal Engineers Environmental Scientists April 29, 2403 VIA FAX A U-9- MAIL Mr. W. Aj ibola Balogun, REM Public Works Director city of South Miami 4795 S.W. 75th Avenue Miami, Florida 33155 Re Snapper Creek Stormwater improvements Phase II Dear Mr. Balogun Pursuant to our discussions, please accept this letter and accompanying information as our proposal to provide the professional engineering services required in association with the above referenced project. Enclosed herewith is a Scope, of Services and Manpower Estimate to complete the required services, along with a proposed work order,, ready' for execution. We loon forward to receiving your authorization to proceed with this work. Very truly yours, CONS TINE ENGINEERIN14 & SCIENCE, INC. 1U141f" Vichard 13. Bochnovich, P.B. Sx'. Vice President (0163) Enclosure( 8925 SW. 146th Street, Suita 140 • Miami. Florida 33176 • Phone: (305)378 -5555 • Fes[: (305)378 -930 ,,.}`^�°5.: .�; u..., -, ... ,- .2 „- ..:'r•�. > -„?r-r . Y .*'#?a;2'r'z?2,',r „i,^+sa�m�y; ,""R:K;.s;Tr u'*-a.a,. nx ,.-� u., .MME -r:, 114: 3U; 2UU3 83:45 MA 305 37883U4 C1;51 INC. C t�J UU4�UU� WORK ORDER NO. 4 A. PROJECT DESCRIP`PSUN Snapper Creek Stormwater improvements Phase 11 The project will consist of 1) splitting the work included in Work order No.3 J into t WO (2) phases;. and, 2) adding drainage improvements along portions of S.W. 58th Avenue and S.W. 87th Street to the project; and, will generally include the installation of drainage,; catch basins and french drains, along with the repair of all roadways, sidewalks and others` appurtenances impacted by construction of the drainage improvements. $. SCnP OF SERVICES 1. Task -1 Construction pocumenta /Permi.tting Services to include the following: a. Attendance'' at a Start-Up meeting with you and 'other, city staff to 'familiarize ourselves with the project; and, to identify' the project design criteria, requirements and schedule. ti. Retain the services of a qualified Florida land surveyor to perform a topographic survey of the new project areas, M. Retain the services of a qualified geotechnical/ testing company to perform one (1) additional percolation test' as necessary for design of storm drainage facilities. d. Contact all applicable` utility companies and secure As -Built drawings of all underground' and aboveground utilities within the project area. e. Prepare a detailed engineering design and prepare a separate set of construction drawings and technical specifications for the 'Phase '11 project, including port -one of S.W.! 86th Street and S.W. 59th Avenue` included in Work Order No. 3'and adding portions of S.W. 58th' 'Avenue and S.W. 87th'! Street to the project. f. prepare and submit all permit applications required' in association with the project. It is :anticipated that 'these will include City of South Miami and Miami' -Dade County BERM. g. Tracking of these applications until approvals are obtained 2 Task 2: Construction Phase Services ; to include the following: a. Distribute bid documents to perspective bidderu.; prepare responses to Bidder questions; prepare addenda, if necessary; review bids for completeness; and, make recprtmendation =or award to the City. b. Attend preconstruction conference. c. Review and approve /disapprove shop drawings for the Work. vim. uu. [vuuo. YU rya uuu ur oauuY .na.i_v�.� WJ Uu� %uuo d. Perform minimum Construction Engineering Inspections on a weekly basis for a sixtee:i (_6)' week construction period. Additional inspect-ions may be requested by the City; or Contractor. These will be provided as additional sertirices L e. Review the Contractor's Application for Payment on a monthly basis and submit recommendations to the Engineering & Construction Director. f. Perform project closeout with the Contractor; conduct final inspection; prepare final'punchliet and, ,review final application for payment,; ,final release of lien and the certificate of completion. g. obtain As- built" drawings from the Cont- ractor, review and > submit them' to the City in reproducible and electronic formats: C. FEE CALCULATION 1. Task 1: Construction 'Documents /Permitting Services Principal in Charge: 2' hours @ $150.00 _ $ 300.00 Project Manager' 4 hours a $120: -00 = 490.00' Senior Engineer: 8 hours @ $55.00 = 760.00, Engineer: 24 hours @;$75.00 = 1,800.00 CA-OD Technician: 12 hours @ $65.00 = 780.00 Jr. CADD Technician: -3E hours a $55.00 = 1,990.OG Clerical: 8 hours @ $40.00 __320.00' Sub -Total $6:,420.00 Topographic Survey $ 4,040.00 Geotechnical /Percolation Testing`, 650.00 Printing & Reproduction 600.00 Total Task 1 Fee $11,670.00 2. Task '2: Construction Phase Services Principal in Charge: 2 hours ® $150.00`= $ 300,00 Project Manager: 4 hours @ $120.00 = 480.010 Senior Engineer. 24 hours 0 $95.00 = 2,250.00 Construction Inspector: 42 hours 9 $75.00 = 3,150.00 Clerical: 8 hours @ $40.00 =' 320.00 Total Task 2 Fee $ 6,530.00 TOTAL FES $18,200,00' Submitted by: CONSULTING ENGINEERING & SCIENCE, INC. d L 4 e � � L�6_1 R %hard B/ chnovich, Sx , Vice Date Accepted by: CITY OF SOUTH MIAMI Date .?`.. ..4-�e,- .,. -,,. ;�.•.rT —=", sec°" x'„ �z',:, r' n. x? r" F,'* az� 'ski.:`',t—;--:�".1z- ,riw"°;,. , >—r"- ^�,'ramT'.; a,; mms- .,r^s.,x:.°,. c c e o r� t5 o o a v a o c R °o o a g v tp� t��py G a " z; to !A q� W : p lti j 'n Ed ti 1x17 a 0 an � 01 9 x N 3 tFa iA �'}j tt�!� 1y5 fa {sue N tit t 4 g,a t 7 n'r'`1f��r'11 43 f/► M fd4' 64 `r' a q C Q Gi 49 G: E. 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W O p. ,. p CID 4 � 00 D O �0 (J1 J7 N O O N O O -4 O CD O. r p0 O O 4 m ul 0 00 V O �f Cl) CD N O cr CID 0— CD (n C Q an:,.- °t:.u°I- ,. :�, -o-m- +rte,. --��.� „ :�...�* -�. �.,�^�w,.,..'?*'r-„ s`�r' �,�, �. r a�u,�, �„�r�, , .,T- "^.,..i:.:�' %�'°T�:... �-s*�, e`C'.�:, -.wi ;sue sue': ;rr"'�'�' r.�aa-','Ff�: kT+,^M. ���� �: -`- '�':`�•., ag,Y ,.�s.,v k�_ r „�.:4 cn , CD 0 i n O cr Q V N ~� CD \Y CL �I O �f Cl) CD N O cr CID 0— CD (n C Q an:,.- °t:.u°I- ,. :�, -o-m- +rte,. --��.� „ :�...�* -�. �.,�^�w,.,..'?*'r-„ s`�r' �,�, �. r a�u,�, �„�r�, , .,T- "^.,..i:.:�' %�'°T�:... �-s*�, e`C'.�:, -.wi ;sue sue': ;rr"'�'�' r.�aa-','Ff�: kT+,^M. ���� �: -`- '�':`�•., ag,Y ,.�s.,v k�_ r „�.:4 of SoU7, South Miami AIFAmedca City' INCORPORATED 1927 ` Q' �0R a 2 01/11,..,:. Excellence, Integrity,, Inclusion To: Honorable Mayor, Vice Mayor Date: May 6, 2003 and City Commission From: Sanford A. Youkilis Subject: Agenda Item # Acting City Manager Appointment of Special Master REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE -CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SPECIAL MASTER SERVICES APPOINTING ENRIQUE ZAMORA, ESQ.; .,CAROLYN Y. HOWARD, ESQ., AND MAURICE DONSKY ESQ'. AS SPECIAL MASTERS FOR THE CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT #001- 0000 -341 -9040 ENTITLED "CODE ENFORCEMENT FINES REVENUE ACCOUNT "; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City Commission adopted Ordinance No. 6 -03 -1790, abolishing the Code Enforcement Board and establishing a Special Master in an effort to preside over code enforcement violation hearings. The use of a Special Master is a cost effective option of adjudicating issues relating to code violations that has proven to be fair and expeditious. Pursuant to said ordinance, the City Manager has reviewed resumes of individuals already serving as Special Masters for other municipalities in Miami -Dade County, including City of Miami, Village of Pinecrest, and City of Miami Beach, and has recommended the appointment of Enrique Zamora, Esq., Carolyn Y. Howard, Esq. and Maurice Donsky, Esq.. These individuals will be appointed to serve for a period of one -year commencing May 7, 2003, and ending May 7, 2004, or until other successors are appointed by the City Commission. The negotiated fee to provide said services is $100 per hour. RECOMMENDATION Approval is recommended. SAY /OM /OC t ,� �. -. per r,. •�" �s 4 rc ^�r.u€. � m4 ..." ., ��^'F'"�sfit�„ I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 SPECIAL MASTER SERVICES; APPOINTING ENRIQUE 6 ZAMORA, ESQ.; CAROLYN Y. HOWARD, ESQ., AND 7 MAURICE DONSKY, ESQ. AS SPECIAL MASTERS FOR THE 8 CITY OF SOUTH MIAMI AT A RATE OF $100 PER HOUR; 9 AUTHORIZING EXPENSES TO BE CHARGED TO ACCOUNT 10 #001- 0000 - 341 -9040 ENTITLED "CODE ENFORCEMENT 11 FINES REVENUE ACCOUNT "; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, Pursuant to Ordinance No. 6 -03 -1790, adopted by the South Miami 16 City Commission on March 18, 2003 establishing a Special Master; and 17 18 WHEREAS, the use of Special Masters has proven to be an expeditious, cost 19 effective and fair means of adjudicating issues relating to code violations; and 20 21 WHEREAS, the City Manager has reviewed resumes of individuals already 22 serving as Special Masters for other municipalities in Miami -Dade County; and 23 24 WHEREAS, based on the resumes received, the City Manager has recommended 25 the appointments of Enrique Zamora, Esq., Carolyn' Y. Howard, Esq. and Maurice 26 Donsky, Esq. to provide the Special Master services to the City of South Miami for a 27 one -year term commencing May 7, 2003, and ending May 7, 2004, or until successors 28 have been contracted; and 29 30 WHEREAS, the Mayor and City Commission have accepted those 31 recommendations. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND "CITY 34 COMMISSION OF THE CITY OF `SOUTH MIAMI, FLORIDA, THAT: 35 36 Section 1. That Enrique Zamora, Esq., Carolyn 'Y. Howard, Esq. and Maurice 37 Donsky, Esq. are hereby appointed to serve as Special Masters for the City of South 38 Miami at the rate of $100.00 per hour to be charged to account #001- 0000 -341- 9040, 39 entitled "Code Enforcement Fines revenue Account 40 41 Section 2. Said Special Master services' shall remain in effect for a period of 42 one -year commencing May 7, 2003 and ending May 7, 2004 or until other successors are 43 appointed. 44 45 Section 3. That Enrique Zamora, 'Esq., Carolyn Y. Howard, Esq. and Maurice 46 Donsky, Esq., shall be authorized to conduct hearings as may be required in accordance 47 with the City's Code of Ordinances and Land Development 'Code, the Florida Building 48 Code and the Miami -Dade County Building Code. 49 50 Section 4. This resolution shall take effect upon adoption. 51 52 53 PASSED AND ADOPTED THIS ' DAY OF , 2003 54 55 56 ATTEST: APPROVED: 57 58 59 60 CITY CLERK MAYOR 61 62 COMMISSION VOTE: 63 Mayor Feliu: 64 Vice Mayor Russell: 65 Commissioner Wiscombe: 66 Commissioner Bethel: 67 Commissioner McCrea: 68 69 70 READ AND APPROVED AS TO FORM: 71 72 73 74 75 76 CITY ATTORNEY 77 78 79 Page 2 of 2 RESUME NAME CAROLYN Y. HOWARD DRESS LAW OFFICES OF C. Y. HOWARD, RA. 1.5321 S, DIXIE HWY., #302 MIAMI, FLORIDA 33157 0- (305)255- 3654, F- (305)255 -7386 H- (305)232 -4423 E -mail - owardfa7be115a11fi>� r,pt A ----AS OF PR CTI Family Law, Contract Law, Counsel to Small Businesses and Churches Commercial Law, Civil Litigation and General Practice, and Mediation EED CAtION Completion of many +CLE Courses. Completion of Family Mediator Course, 2001, Completion of Coring Circuit Court Mediator Course, 1999. University of Miami Law School - 18 hours toward LL.M in Estate Planning, Howard University I,aw School, J;D. 1972; Washington, DC top 10% of class; Howard University taw Journal; Assistant .Editor, !he Barriste t Howard University, Washington, DC, B.A., political Science Major., Education Minor 1964, 13 AsDMISSIO � The Florida Bar, 1978 United State Supreme Court, 1982 OTHER JQB EXPER:IENCF: Certified County and Circuit Court Mediators, 2001 - Present; }aid Protest Hearing Officer for Metro Dade County, 2000 - Present; .Arbitrator, National association of Securities Dealers, Inc. 1995 - Present; Special Master for the Village of Bal Harbour, 2001 - 2003; Special Master for the City of Miami Beach, 1995- present; Special Master for the Town of Surfside - 1999- present; p1OFESSI01diAL I am an attorney with expertise in personnel, labor, grievance, BACI��rI C3LIND administration, and affirmative action areas. I am a successful mediator who is able to make success out of havoc. Whenever I see a need for harmony, I attempt to get both sides together. I consider eor: mutlloati.on the key to solving most problems. -1- I am an organizer and I, delegate duties and responsibilities easily to the most capable person. I consider myself to be a leader and a person who is able to fill in any situation and make it successful Finally, I am creative and able to get along with almost everyone - all of which is helpful in attaining corporate legal goals or overall objectives. As an attorney with such expertise, I established a janitorial service in 1993, Howaxd's Professional Services, Inc. 14oward's provided jobs for many under- and unemployed and hard to employ persons. The business was designed to help decrease the unemployment statistics in Miami -Dade County. EDUQATIQN �4c SSlONAL ASSOCLATZONS Admitted to Practice - State of Florida, 1975; U.S. Supreme Court, 1982, 2001: Elections Committee Chair, NBA. Various chairs of Church activities. 1000: National liar Association, WLD- Treasurer, Youth Director, Elections Committee Member, NBA. 1999: National Bar Association, WLD- Treasurer; Youth Director, Fee Dispute Committee- Florida Bar. 1998; National Bar Association - WLD, Board Member, Youth Director. 1997; Florida Bar Grievance Panel Member. 1996: Church Program- Board of Directors, National Bar Association, WLD, Board Member, Vice Chair of National Bar Institute, Youth Directory 1995: Charlie Program- Board of Directors, Treasurer- N tiona) Bar Association, Women Lawyers Division Youth Oratorical Coordinator- Florida East Coast, Congress of Christian Education Treasurer- Family Division, Vice Chair- National Bar Institute l 1994: Parliamentarian - National Bar Association, Chair of Gertrude E. t; 3; Rush Dinner- National Bar Association, Youth Oratorical Caoxdinatvr- Florida East Coast Congress of Christian Education, Board Member- National 'Bar Association, Worsen Lawyers Division, Vice Chair- National 1` Bar Institute 1993: Program Chair- National Bar Association's 58" Arawal Convention, Youth Oratorical Coordinator - Florida East Coast Congress of Christian Education, Board Member- National Bar Association, Women Lawyers Division, Vice Chair - National Bar Institute 1992: Beacon Council -Board Member, Vice 'Chair- National Bar Institute 1991: CHI Foundation- 'Board Member, Florida, gar Grievance Committee- Member, President NBA Women. Lawyers Division Dade County Chapter - 1991 -92. 1990: United Way- Panel on Employment and Economic Development, United Way- Committee on Policy for Volunteers, greater Miami Chamber of Commerce Lawyers Task Force - Minority Relations, Board member of POSITIVE, Clair of Elderly .Housing Program- WIN, Member of Women Involved Now- WIN, .Member of Young Friends of Senator Graham, Youth .Director of Bethel Baptist Church Youth Ministry, Vice President of National Bar Association- Women Lawyers Division, Fundraising Chair ofNBA -WLD, Chair, NBA- Convendon'Committee `93, Met tiber- NEA.- Florida Chapter. 'sCLC. Member of NAACP. Chair, Metro Miami Action Pisan- Employment Action Committee. Beard Member of Metro Miarni Action Platt, American Baptist Churches of the South- Area 4- State Youth Coordinator. Member, Host Committee of ABCOTS ,?Manual Meeting, Member of Leadership Miami. P90r 0115 YEARS Member: National Bar Association: Special Assistant, 1981 -19839 1985- „1989; Special Consultant, 1980- 1981. National Bar Association Women's Division Greater Washington Area Chapter-, Vice President, 1981; Secretary, 1980; and Executive Member, 1979, 1982. National Bar Association Women's Division; President 1983 -1985; Executive Board Member, 1985 -1989; V Vice President, 1981,1990; Treasurer, 1979, Howard universityr National Law School Alumni Association of the Greater Washington, D.C. Area: President, 1981 -83; Howard University National Law School Alumni Association: President 1983 -844, Member of A PA, and Washington Personnel Association. Nominee for Outstanding Young Woman of America, 1981, 1982. National Bar Association Dade County Chapter: Committee Chair, 1984- 1989; Charter Member, 1984. Florida Chapter National Bar Association South Dade Chamber of Commerce, Member. SCLC- Voter's F.egistration, Metro Miami Action Plan: Task Force; Metro Action Man -3- -4- a Conference Participant; and Chair of Employment action Committee, 1986 -1989, Concerned Citizens of Riclunond Heights, Member, Miami's March on Washingon Coordinating Committee. American Baptist Churches of the South (ABCOTS): Youth State Coordinator 1988 -1989. Bethel Baptist Church: Youth Director, 1987 -1989; Constitution and Bylaws Chair; etc. JOB EXPERIENCE Law Offices of C. Y. Howard, P.A. 1990 to PRESENT Solo Practitioner. 12u--29-911 Four C's Services, Inc. - Manager, 91 R Partner of I-aw Offices of Howard & Hargrove, P.A. 1983-1988 HOWARD'S PROFESSIONAL SERVICES INC. MIAMI, FLORIDA Ern. President. Accomplishments: As an attorney with labor expertise, I established janitorial services in 1983, Howard's Professional Services, Inc. Howard's provided jobs for many under and unemployed and hard to employ. The business was designed to help to decrease the wieznployment statistics. It was sold in 1988. i; Coordinated the day, to day activities of the Company which included scheduling of employees and contacting Federal, State, County, and Municipal Procurement agencies, as well as, private sectors. The company was a full line janitorial service. 1982 10 ,1983 983 MCI' TELECOMMUNICATIONS CORPORATION, ARLINGTON, VIRGrNIA Position: Affirmative Action Manager Function-, Acted as Affirmative Action. Merger for the entire Corporation. l) Affirmative ct'on tan: The Corporation which corers approximately 26 states and has 5,000 employees did not have an Affirmative.A.ctioii Plan, Wrote nine Affirmative Action Plans which were tailored to these particular metropolitan areas. Designed binders for the plans. Coordinated the dissemination of the Plans to the appropriate management employees. Traveled' around the county setting up a formal training program. teaching " management about the AAP. As a result, MCI compiled with its legal obligations of establishing an AAP. -4- a 2) C EQQ Audit: MCI is a goverrment contractor and therefore, subject to an audit by office of Federal Contractors Compliance Program.' Submitted all required documents to Agency. Coordinated the two weeks on site audit activities. Corrected the deficiencies the Agency identified. As a result, MCI's government contracts and subcontracts which totaled $14 million a year were not adversely affected. 3) EED Charges; Represented the Company at all Fact Finding Conferences for discrimination charges. Prepared documents and witnesses for the Conference, Saved the Company money by resolving the charges demonstrating the Company was not guilty of discrimination, 4) Labor Tx9aW and Disci ine;' Vaught Labor courses with the classes lasting 8 hours. As a result, management knew how to avoid and handle discipline or potential discipline problems. In addition, provided labor advise to manager. 6) Affi iye Action Training: Taught courses with emphasis on discrimination laws. Designed a Sexual Harassment Course. In addition, counseled managers and employees on discrimination laws and rights, In addition, counseled managers and employees o n discrimination laws and rights. 197 -- 19 Ll CONTINE'iNTAL TELL, PHONE SERVICE CORPORATION NMRRIFIELD, VIRGINIA Positions: Emi2lrr ee Administrator, 1978 - 1981; Personnel Director, Eastern Re ion. 1979 - 1981. E ns: Acted as personnel director for the Pastern region after beginning as an administrator with responsibility for labor, safety, and Wary administration. Included; 1) development of personnel philosophies, policies and procedures; 2) compliance` with Federal and State laws; 3) affirmative action; 4) maintenance of employee benefit program; 5) position descriptions and evaluations; 6) anagement training and developtnent; and 7) overall management of the operation, 1) Contract Se' lements: In seven division and 14 unions there was no continuity of contracts. Made sure that each division had a copy of all 14 contracts, Dept contracts current, and designed a program which promoted uniformity of betwefyts and working conditions. Fi`.;;;r:l ' 3?" �� m _.,.,,, .�,�.. 'F,�„�,,'�me= ��z ,-.�; '�" _' ;. M r. u> .. �.. -. 2) Labpr Training and Disci: Formed a labor circular whim was approximately three days long. Taught mini -labor courses with the classes lasting 4.6 hours. As a result, r=agement`knew how to avoid and handle discipline or potential discipline problems. In addition, provided labor advice to managers. friar decisions had resulted in wildcat strikes, arbitrations, grievances and law suits. By providing a willingness to answer labor questions, morale improved and costs in manpower responding to crises waq decreased, 3) , Le +la Research: 'Researched all legal issues regardless of significance, and`encoura.ged managers to seek advice on legal issues. Saved the company money by avoidance of external attorney costs and the managers got concise answers on their problems. 4) Arbitrate ns: Acted as an advocate for the company in arbitrations in 1981 where previously cases had been sent to outside counsel. Resulted in savings in legal costs with adequate legs(` representation internally, S) Salda Inform `on: At the start, salary data for the region was not current. Obtained data from all Division Person-twi: tanagers coordinating approximately forty (40) different schedules. Provided access to information for comparisons, surveys and rate cases. 6) Job tions: Only 30 descriptions existed for 4.0 management jobs. Completed descriptions for over 300 jobs providing uniformity for a position no matter where it was located geographically. 7) Safety: There was,no stress on safety in the region. Created (s), safety bumper stickers (b) safety: posters (c) safety films (d) the issuance of safety novelties, and (e) held safety' classes. Accidents were reduced, and the employees became safety conscious. 1927 - 1978 UNITED STATE DEPARTMENT OF AGRICULTI V E WASHINGTON, D.C. i?osi iw Attorney. Office of the General Counsel Electric and Telephone Division. F ins: Reviewed title research, wrote and reviewed leases, r�:' mortgages and loans contracts and provided daily contract and Act Interpretations to the Rural Electrification Agency, Effectively acted as "In -House Counsel" for the members of the Agency in the Southwest District, mainly Louisiana and New Mexico. Infonrned the members whether certain documents attached to a loan and/or mortgage contract were recorded in compliance with state laws. 1) Case�.BIEkl ►g: At the start, the district had a severe backlog of about 40 cases due to the need for another attorney. By the time that I left, the cases were up to date. Once up to date it was passible to check the documents before the borrower had violated the law or lost money. 2) Internal Gotha =icat1on., There was not any avenue for departmental employees, paralegals and secretaries to vent their frustration. Set up a weeldy meeting regarding status of work and giving them a chance to complain. Morale improved and productivity increased, and most of all employees felt that someone cared. 3) Brief Praha* LU: At the start, the Justice Department had just filed an Environmental Protection case. It was policy that because it was a Department of Agriculture case that departmental counsel would prepare the brief. Personally prepared it so that it was filed on tithe. 1973-1977 NATIONAL AIRLINES,` INC., MIAMI, FLORIDA Positions: Labor Relations Analyst/Representative Functions: Principal duties were to research employment contracts to negotiate employment contracts and to advocate arbitration cases, Reviewed airline surveys, labor reports and computer statistics as preparation for each contrast, Compiled tables and work product for each Proposal. Worked with the company's seven unions, advised managers on day -to -day labor questions and/or problems, and suggested` appropriate disciplinary action for employees: 1) grievance Deduction: At the beginning there were 400 grievances filed a year, and at least 160 went to arbitration. Built a rapport with the union stewards allowing settlement at a lower level. Four (4) years later only 40 cases went to arbitration, and overall with the idontificati.on of problems grievances were reduced from 400 to 7 ..•.r. r.. S .. r�TtiA.z about l oo, 2) Discipline Ahministrat : The company had 33 -36 stations each with a manager who made decisions, imposed discipline, denied grievances and then called for advice. Built a rapport with managers, received their respect and then their calls came before the action, Eliminated many problems and improved employees morale. 3) Union /Mar- aaement Relationship: 'T`kse Federal Mediation and Conciliation Services offers a program entitled " Relationship by Objectives." It is designed to create positive relations between management and the union, Acted as a troubleshooter on this program for all stations and it resulted in improved communications. 4) Contract Negotiations: otiations: Negotiated a labor pact with the ALFA. This pact limited the number of contract openers, provided a time frame for negotiation, mandatory mediation and arbitration. Resulted in alleviation of a strike and consequently great savings, 5) Arbit�n Cases: The company had many such cases, both ALEA and F/A cases. Prep4rred, "presented wrote briefs and won these cases greatly benefitting the company and eventually cutting the number of cases. PRIOR POSITIONS Univers- of Miami, Coral Gables, Florida, Professor of Business Law, 1973. Taught Business Law for four (4) classes of undergraduate students. Florida Rural Legal'Servrces, Homestead, Florida, Attorney, 1972 to 1973, Wrote divorces, adoptions and leases for clients from rural areas. Prepared documents and affidavits for court cases. Aided clients in their daily encounters with landlords, creditors and debtors. Attorney General Robert Shevin, Miami,, Florida, Attorney, 1972). Wrote appellate brief for the State of Florida. Lioward UnivgEsi Z Washington, D,C., Graduate Assistant, 197011972. Performed various tasks in the Department of Romance Languages. Redevelopment Land Ageaicy, Washington, D.C., Law Clerk, 197L Performed various legal tasks, Department of Health, Education and Welfare, Washington, D.C., Coordination of summer Interns, 1970. Coordlatated summer work of the departmental interns. REFERENCES Available upon request. Y$e f-+w EmuQUE ZAmoRA' EsQ. 10 N.W. LeJeune'Road, Lejeune Exec. Bldg., Suite 600 , Miami, Florida 33126 •305 -476 -8770 LEGAL EXPERIENCE ZAMORA & HILLMAN 10 N.W. Lejeune Road, Suite 600, Miami, Florida 33126 - 2001 to present Areas of Concentration: Probate & Guardianship administration, litigation and mediation, Elder Law, Estate Planning, and related litigation; Real Estate. LAW OFFICES OF ENRIQUE ZAMORA 1102 Ponce de Leon Blvd., Coral Gables, Florida 33134 1997 to 2000 Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate Planning, Corporate, Contract and Business Law and related litigation; Real Estate. PEREZ- ABREU, ZAMORA, HILLMAN & MARTIN- LAVIELLE, PA 901 Ponce de Leon Blvd., Suite 502, Coral Gables, Fl 33134 - Founding Partner, 1987 to 1997 Areas of Concentration: Probate & Guardianship litigation, Elder Law, Estate Planning, Corporate, Contract and Business Law and related litigation; Real Estate. SOUTHERN GENERAL LIFE INSURANCE COMPANY 4950 SW 72nd Avenue, Suite 201, Miami, Florida 33155 General Counsel, October 1985 to December 1987 LEGAL ACTIVITIES Special Master for the City of Miami Beach President and Director of the South Florida Guardianship Association Certified civil mediator Court Appointed Attorney- Ad -Litem for Cuban National Heirs, 11th Judicial Circuit of the State of Florida, Dade County - Probate Division Member of the Guardianship Law Committee of the Florida Bar TEACHING ACTIVITIES Miami -Dade Comm. College - Professional GuardianshipPrgm -1998 to date; Lead Instructor & Planning Committee Chair of the 40 -Hour course for Professional Guardians University of Miami- Koubek Center, - September 1989 to 1998 SCHOOL OF CONTINUING STUDIES Adjunct Professor of Business Law Florida National College- July 1986 to 1996 Professor of Paralegal Program v • ,.� ---� „:,: .�..,.,.,,� . ,_ #� .�Y F -� ;.,r.,:-�K ...E ,� ... Responsible for teaching: Trusts & Wills, Business Law, Real Estate and Introduction to the American Legal System. SEMINARS PRESENTATIONS Probate Litigation- Speaker This seminar was presented by the "Put Something Back" Program in conjunction with the DCBA Probate Committee- December 2002 ' Medicaid and Elder Law Issues in Florida Speaker Offered by Lorman Education Services- November 2002 Procedural and Probate issues in Wrongful Death Cases- Speaker Offered by Lorman Education Services- September 2002 Guardianships: How to Help- Speaker City of Miami Beach's Office of Elder's Affairs- May 2002 Depository Account - How do they really work ? - Speaker Presented by the Academy of Florida Elder Law Attorneys - May 2001 US /Cuba Alternatives for the View Administration- The Legal Issue - Speaker Presented by St. Thomas University School of Law- February 2001 Baker Acts - Speaker Presented by the Florida International University School of Nursing - January 2001 Ethics in Guardianship - Speaker Presented to the Florida State Guardianship Association Conference - August 2000 Probate Litigation- Speaker This seminar was presented by the "Put Something Back" Program in conjunction with the DCBA Probate Committee- April 2000 EDUCATION UNIVERSITY OF MIAMI SCHOOL OF LAW CORAL GABLES, FLORIDA JURIS DOCTOR DEGREE 1985, CUM LAUDE - May 1985 FLORIDA INTERNATIONAL UNIVERSITY - MIAMI, FLORIDA MASTER OF B usmsS ADMINISTRATION, 1975 MASTER OF SCIENCE INMANAGEMENT, (Accounting & Taxation) 1981 UNIVERSITY OF FLORIDA GAINESVILLF, FLORIDA BACHELOR OFSCIENCE iNELECTRICAL ENGINEERING, 1971 y C[1� I if MAURICE EDWIN DONSKY li=z . s?ff'im: 440 Rovino Avenue 145 Almeria Avenue Coral Gables, Florida 33156 Coral Gables, Florida 33134 (305) 667 -5440 (305) 632 -3040 Fax: (305) 669 -5500 Married to Arnim: two children; Sharon -31 and Brian -22 College: Clark University, Worcester, MA 1958 -1962 B,A. Psychology Law School: Rutgers Law School, Newark, NJ.- J.D. 1962 -1965 United States Navy -1965 -1966 .Q =t Fri t� Law Offices Maurice It Donsky Coral Gables, FL. 1981- 2001 Mediation of Civil Lawsuits 1995 -2001 Florida Supreme Court Certification in Family, County and Circuit Civil matters Coral Gables Ticket Hearing Officer 1997 -2041 Responsible for administrative determination of code enforcement violations in the City of Coral Gables. Violations include the City Code, the City Zoning Code, Miami Dade County Code, South Florida Building Code. The Ticket Hearing Officer is responsible for holding the: hearings and assess fines against violators. Village of Pinecrest Special Master and Ticket Hearing 1999 -2001 j Officer Responsible for administrative determination of code enforcement violations in the Village of Pinecrest. In view' of the fact that the Village of Pinecrest does not have a Code Enforcement Board (CEB) the Special Master acts as a CEB. The Special Master hears all code enforcement violations; Village of Pinecrest Ordinance, Miami Dade County Code and, South Florida Building Code. The Special Master hears,Code violations, orders Code Compliance and issues fins for violations. 1 a c