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South Miami
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2001
MAYOR:: Horace G. Feliu CITY MANAGER:. Maria V. Davis
VICE MAYOR Mary Scott Russell CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:-.'. Randy G. Wiscombe. ;CITY CLERK::': Maria M. Menendez (Acting),;
COMMISSIONER David D. Bethel
COMMISSIONER. ; Dan McCrea,'
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: December 16, 2003 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: January 6, 2004 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
j selection of professional consultants, and virtually all- legislative, quasi- ''
judicial and administrative action. It does not apply to not - for -profit
'I organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) 7:00 p.m.
1. Presentation of Certificates of Appreciation to local
businesses for their contributions to the Thanksgiving Basket
Program.
2. "Police Department - November's Officer of the Month Presentation"
3. Parks & Recreation Director, Alan Ricke, to present awards to
the annual writing contest winners, sponsored by the Parks &
Recreation Department.
REGULAR CITY COMMISSION 1
AGENDA - December 16, 2003
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes - November 18, 2003
2. City Manager's Report
a) Schedule workshop for "Special Events."
b) Schedule workshop for "People's Transportation Master Plan."
3. City Attorney's Report
PUBLIC REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE MOBILE REFUSE CONTAINERS /CART
(MEGA -KART) WITH ADDITIONAL WHEELS & AXLES FROM AMERI-
KART CORP. FOR AN AMOUNT OF $116,048.00 AND AUTHORIZING
THE CITY MANAGER ESTABLISH A RECEIVABLE ACCOUNT;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE MOBILE
REFUSE CONTAINERS FROM AMERI -KART CORP IN THE AMOUNT OF
$116,048) (City Manager)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A CONSTRUCTION AGREEMENT WITH FLORIDA
POWER & LIGHT FOR THE INSTALLATION OF STREET LIGHTS
ALONG THE CONSTRUCTION CORRIDOR OF THE SW 59" PLACE
(CHURCH STREET) IMPROVEMENTS - PHASE I, IN AN AMOUNT OF
$6,188.00 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF
COMMUNITY & ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACCOUNT NUMBER 001 - 0000 -115 -7044;
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A CONSTRUCTION
AGREEMENT WITH FPL IN AN AMOUNT OF $6,188.00 FOR THE INSTALLATION
OF STREET LIGHTS ALONG CHURCH ST.)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J.
REGULAR CITY COMMISSION 2
AGENDA - December 16, 2003
PAVEMENT CORP. FOR THE POLICE DEPARTMENT SANITARY SEWER
LATERAL IN AN AMOUNT OF $11,167.00 TO BE CHARGED TO
PUBLIC WORKS DEPARTMENT ENGINEERING & CONSTRUCTION'S
CONTRACTUAL SERVICES ACCOUNT NUMBER 01- 1790 -519 -3450;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH T. J. PAVEMENT CORP. FOR THE POLICE DEPT. SANITARY SEWER IN AN
AMOUNT OF $11,167).
(City Manager)
7. 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 KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL
ENGINEERING SERVICES FOR SNAPPER CREEK TRAFFIC
PLAN /STUDY FOR AN AMOUNT OF $13,900.00 TO BE CHARGED TO
THE PEOPLE'S TRANSPORTATION TAX FUND ACCOUNT NUMBER
124 - 1730 - 541 -4455; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WORK ORDER
WITH KIMLEY -HORN & ASSOC FOR ENGINEERING SERVICES FOR THE SNAPPER
CREEK TRAFFIC PLAN /STUDY FOR AN AMOUNT OF $13,900).
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(none)
RESOLUTION (S) /PUBLIC HEARING (S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 2004
LEGISLATIVE PRIORITIES; APPROVING LEGISLATIVE
PRIORITIES; DIRECTING THE CITY MANAGER TO FORWARD
LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION DIRECTING THE CITY MANAGER TO FORWARD 2004
LEGISLATIVE PRIORITIES TO APPROPRIATE ENTITIES)
(City Manager)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO INSTALL A STEALTH ROOFTOP
CELLULAR ANTENNA ON PROPERTY LOCATED AT 6781 SUNSET
DRIVE, WITHIN THE "PI" PUBLIC INSTITUTIONAL ZONING USE
DISTRICT: PROVIDING FOR AN EFFECTIVE DATE. 4/5
(A RESOLUTION REQUESTING SPECIAL USE APPROVAL TO INSTALL A STEALTH
ROOFTOP CELLULAR ANTENNA ON A PROPERTY LOCATED AT 6781 SUNSET
DRIVE) (City Manager)
REGULAR CITY COMMISSION 3
AGENDA - December 16, 2003
RESOLUTION (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
AUTHORIZING MASS MEDIA ENTERPRISES TO USE THE
COMMISSION CHAMBERS FOR A CANDIDATE FORUM; PROVIDING
FOR RESOLUTIONS IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING MASS MEDIA ENTERPRISES TO USE THE
COMMISSION CHAMBERS FOR A CANDIDATE FORUM).
(City Manager)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, REPEALING RESOLUTIONS
NOS. 82 -96 -9836, 150 -96 -9904, AND 136 -98- 10404, ALL
RELATING TO CABLE CHANNEL 5; PROVIDING FOR RESOLUTIONS
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION REPEALING RESOLUTIONS RELATING TO SOUTH MIAMI CABLE
CHANNEL S).
(Commissioner McCrea)
ORDINANCE (S) FIRST READING PUBLIC HEARING (S)
(None)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
J: \My Documents \agenda \12.16.03.doc
REGULAR CITY COMMISSION 4
AGENDA - December 16, 2003
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE MOBILE REFUSE
CONTAINERS /CARTS (MEGA -KART) WITH ADDITIONAL WHEELS & AXLES FROM AMERI -KART
CORP. FOR AN AMOUNT OF $116,048.00 AND AUTHORIZING THE CITY MANAGER TO
ESTABLISH A RECEIVABLE ACCOUNT; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wish to purchase 3,100 Mobile Refuse Containers to
be issued to residents for garbage collection purposes, and;
WHEREAS, the Mayor and City Commission wishes to also purchase additional wheels and axles
for the purpose of maintaining the containers by the Public Works Department.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1: The City wishes to purchase 3,100 Mobile Refuse Containers to be issued to
residents for garbage collection purposes
Section 2: The City wishes to also purchase additional wheels and axles for the purpose of
maintaining the containers by the Public Works Department.
Section 3: That the Mayor and City Commission authorize the City Manager to purchase
Mobile Refuse Containers with additional wheels & axles from Ameri-Kart Corp. for an
amount of $116,048.00 and further authorize the City Manager to establish a receivable
account.
Section 4: This resolution shall be effective immediately.
PASSED AND ADOPTED this
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2003.
ATTEST:
Horace G. Feliu, Mayor
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
1 City of South Miami RAFT
2 Regular City Commission Minutes
3 November 18, 2003
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, November 18, 2003, beginning at 7:
9 46 p.m., in the City Commission Chambers, 6130 Sunset Drive.
10
11 A. Roll Call:
12 The following members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and
14 Commissioners David D. Bethel, Randy G. Wiscombe and Dan McCrea.
15
16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Earl Gallop and Acting City Clerk Maria M. Menendez.
18
19 B. Invocation:
20 Mayor Feliu delivered the Invocation.
21
22 C. Pledge of Allegiance:
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s) 7:00 p.m.
26 a) Mayor, Vice Mayor and Commissioners to present
27 Certificates of Appreciation to members of the Budget
28 and Finance Committee.
29
30 Mayor Feliu acknowledged the great contribution provided by
31 the Budget and Finance Committee, particularly during the most
32 difficult time and enormous challenges that the City has faced
33 in recent years. Some of the members were not present but Mayor
34 Feliu proceeded to present the Certificates of Appreciation to
35 those in attendance, Mr. Levy Kelly, Mr. Dick Ward, Ms. Valerie
36 Newman, Mr. Craig Sherar, Mr. George Greene and Ms. Cathy
37 McCann.
38
39 b) Recognizing Mr. Rudice Bryant on his retirement.
40
41 Mayor Feliu recognized Mr. Bryant for his 32 years of
42 outstanding service to the City.
43
44 c) Recognizing Mr. Alvin Hannah on his retirement.
45
46 Mr. Hannah was not present.
47
REGULAR CITY COMMISSION 1
MINUTES - November 18, 2003
1 d) The Miami Herald to give a synopsis of their Health Fair
2 event.
3
4 Ms. Deborah Ferrera and Mr. Nelson Albareda of Unipro Group
5 spoke on behalf of the Miami Herald. Mr. Albareda referred to
6 last year's one -day health fair which the-Miami Herald brought to
7 the community of South Miami with the goal to work within the
8 City in order to attract families and media attention, all of
9 which was accomplished. Ms. Ferrera, recapped last year's event
10 mentioning some of the programs which included diabetes
11 awareness, healthy cooking and fitness demonstration sessions,
12 showing kids how to brush their teeth and everything related to
13 their health issues. She indicated that the surveys showed that
14 over 8,000 people attended the event, of which eighty -four
15 percent are college educated and thirty -four percent have a
16 household income of over $50,000. She concluded by saying that
17 ninety -four percent said that they wanted to come back to attend
18 the event this year.
19
20 e) Jay Beckman to present "Dangerous Intersection of Ludlum
21 Road and SW 64th Street."
22
23 Mr. Beckman said his presentation would focus on two
24 dangerous areas on Ludlam Road. There are four schools on Ludlam
25 Road between Miller Road and SW 80th Street. The pedestrian
26 system which the children use to walk to school is not good and
27 in some places they need immediate repair. Mr. Beckman said that
28 the City needs to make its roads and pedestrian system a
29 priority. He said that widening streets and intersections does
30 not alleviate the traffic situation, instead, it brings more
31 traffic. He said we need an interconnected sidewalk system on
32 busy- through streets: Ludlam Road, Miller Road and SW 62n Avenue,
33 so that kids can get around the City safely. Mr. Beckman said
34 that the City needs to develop a master plan with a schedule of
35 improvements to be made every year, and that this should be a
36 funding priority. He then finished with a slide presentation
37 showing some of the dangerous intersections he had mentioned.
38
39 Mayor Feliu said that he has already spoken with Ms. Davis
40 and that the City will be working on this issue diligently. Ms.
41 Davis indicated that the City has already started working to
42 resolve the above - mentioned problems with dangerous
43 intersections. She said that staff has been in contact with
44 Miami -Dade County traffic engineers surveying the sites and have
45 had meetings with them concerning SW 64th Street and SW 67th
46 Avenue. As far as the sidewalks concerns, staff has been in
47 contact with the County Commissioners' office, since this is a
48 County road, not a City road. Ms. Davis then called Mr. Jeff
49 Cohen, traffic engineer from Miami -Dade County to the podium.
50
REGULAR CITY COMMISSION 2
MINUTES - November 18, 2003
I Mr. Cohen indicated that the County will be evaluating the
2 dangerous sites referred above by Mr. Beckman. In reference to
3 the sidewalks, Mr. Cohen said that it is easier for the County to
4 build the sidewalks at the time that the roads are built. Mr.
5 Cohen indicated that he will be investigating the funding
6 mechanism, and he referred to the half -penny transportation tax,
7 in order to get this project accomplished.
8
9 Ms. Maria Levrant, District Coordinator for Commissioner
10 Jimmy Morales, indicated that Mr. Beckman's list is already being
11 evaluated at the County and that she will be able to report on
12 the results in a few weeks, probably at the next City Commission
13 meeting.
14
15
16 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
17
18 1. Approval of Minutes
19
20 a. October 21, 2003
21
22 Moved by Commissioner McCrea, seconded by Vice Mayor
23 Russell, the motion to approve the minutes passed by a 5 -0 vote.
24
25 Commissioner Wiscombe: Yea
26 Vice Mayor Russell: Yea
27 Commissioner McCrea: Yea
28 Commissioner Bethel: Yea
29 Mayor Feliu: Yea
30
31
32 2. City Manager's Report
33 a) Discussion of Legislative Request 2004 Session;
34
35 Ms. Davis explained that December is the time to begin
36 compiling the City's legislative request, therefore, staff is
37 making some recommendations as follows:
38
39 1) A swimming pool at Murray Park ($1,200,000). In addition
40 to a swimming pool, this legislative request would allow
41 for the multipurpose facility to be equipped with new
42 restrooms and security lighting.
43
44 2) Stormwater Improvement ($1,750,000). This is needed to
45 continue the our stormwater master plan in various areas
46 of the City.
47
48 3) Water Distribution System Improvement ($2,000,000).
49 Currently there are residents on well water and because
REGULAR CITY COMMISSION 3
MINUTES - November 18, 2003
1 of urban development, it is crucial for all residents to
2 be on potable water. This is needed to complete the
3 project citywide.
4
5 4) Palmer Park Improvements ($112,500). Since this park is
6 one of the most utilized parks in the City, time and
7 heavy usage has deteriorated the existing equipment. New
8 ADA- approved bleachers are needed to accommodate the
9 audience attracted by the sports leagues and family
10 games. Restroom and parking facilities are also in need
11 of repairs.
12
13 5) Youth Transportation Initiative ($75,000). This request
14 is for the purpose of purchasing a bus to transport kids
15 who will benefit from the different after- school
16 programs. Currently we have an after - school program and
17 it could be much more effective if we had the proper
18 transportation, to provide after - school services such as
19 tutoring at the Multipurpose Center.
20
21 6) Murray Park Improvements- Fitness Center ($100,00). The
22 Multipurpose Center does not have fitness equipment. We
23 have already applied for various grants, but this request
24 is just in case our other alternatives fall through.
25
26 Mayor Feliu indicated that Ms. Shalala, President of the
27 University of Miami has expressed an interest in helping the City
28 of South Miami with the fitness equipment needed at the
29 Multipurpose Center, and he is meeting with her on Friday to
30 discuss this issue. Mayor Feliu also indicated that he had met
31 with Bernie Kosar, quarterback of the University of Miami, who is
32 also interested in helping the kids with the needed fitness
33 equipment. Ms. Davis indicated that Police Chief Orlando
34 Martinez, together with Park and Recreation Director Alan Ricke,
35 solicited a grant through McDonalds for this purpose as well.
36
37 b) Selection of workshop date for the Murray Park
38 pool feasibility study.
39
40 With regard to the above - mentioned workshop, Ms. Davis said
41 that we need both community and Commission involvement. A
42 tentative date was set for Tuesday, December 9, 2003 at 6:00 p.m.
43
44 Commissioner McCrea offered to attend the Legislative summit
45 on December 3rd referred above.
46
47 Ms. Davis then referred to the "no tolerance" signs
48 requested by Commissioner Bethel which will be installed at
49 various parks, as suggested by the Vice Mayor, and also at
50 various locations as Commissioner Bethel has recommended.
REGULAR CITY COMMISSION 4
MINUTES - November 18, 2003
1 There being no further comments or discussion, the City
2 Manager's report concluded.
3
4 3. City Attorney's Report
5
6 Mr. Gallop reported that he has been working very closely
7 with Ms. Davis to try to resolve the existing litigations of the
8 City. He said that there is a proposed settlement of the TK
9 Promotions, also known as the "Booby Trap" case which will serve
10 to avoid costly litigation. Mr. Gallop also reported that the
11 judge granted defendants motion to dismiss Mr. Rosenbaum's case
12 against the City.
13
14 Mr. Gallop then referred to his research on the procedure
15 for closing debates and calling the question. Calling the
16 question is appropriate when there is no need or desire for
17 further debate. If a Commissioner objects to calling the
18 question, then this becomes a motion itself, requiring a 4/5
19 vote. Commissioner McCrea then restated for clarification
20 purposes, that before calling the question the debate has to be
21 exhausted by all members of the panel; the sponsor can close the
22 debate, but the presiding chair needs to check and make sure that
23 the debate is closed and no one else on the panel wants to
24 continue the discussion.
25
26 Mr. Gallop then referred to the SPG assignment of lease to
27 MRP Properties, indicating that it has come to his attention that
28 persons who are opponents of the parking garage project have
29 suggested that at the time that the transfer of lease from SPG to
30 MRP took place it would have required a 4/5 vote as per the City
31 Charter. The same opponents have suggested that there was a
32 provision in the contract that provided for payment of
33 approximately 2.5 percent of any net profit, on a transfer of
34 property from SPG to anyone else, to be paid to the City.
35
36 Mr. Gallop said that he would address the above two issues,
37 but in the future, if there are any other questions floating
38 around on whether or not things have been done right on any
39 particular case, he would like for the person with a question to
40 put it in writing and address it to the City Manager who will
41 proceed to distribute it and we will be happy to respond and meet
42 with anyone who may have questions regarding the legal process,
43 and then put the clarified issue to rest.
44
45 In connection with the transfer, Mr. Gallop indicated that
46 he is very aware of the Charter requirements and that the
47 transfer of the above - referred lease was done in compliance with
48 the City Charter. Regarding the 2.5 percent payment of profit to
49 the City, such provision was created in the event that SPG did
50 not intend to build and operate the parking garage. Mr. Gallop
REGULAR CITY COMMISSION r,
MINUTES - November 18, 2003
1 explained that it is very common among developers after winning
2 an RFP, to negotiate the contract and turn it over to someone
3 else to operate the project and to take a profit by the
4 transaction, therefore, in anticipation of this, the provision
5 was created so that the City would get a percentage of the value
6 that had been created. However, we were advised, Mr. Gallop
7 proceeded, that SPG claimed expenses in the amount of $700,000
8 that were not reimbursed to them, of which MRP assumed $400,000
9 of those expenses in accepting the transfer of the lease.
10 Therefore, there was no profit involved whatsoever. The City
11 imposed an additional condition for approval as part of the
12 actual transfer, and that is that the City obtains a release of
13 liability from SPG, and that has been delivered to us. Mr.
14 Gallop indicated that there are supporting documents for all of
15 the transaction and that he would be happy to review them with
16 anyone interested.
17
18 Mayor Feliu referred to the building heights issue which has
19 been the concern of the majority of the residents as reflected on
20 a referendum regarding this issue. He indicated that he has a
21 concern with the power of the Commission to allow for variances,
22 and that he would welcome an ordinance which would limit the
23 ability of the Commission to change the Land Development Code in
24 connection with building heights. Mr. Gallop indicated that the
25 Planning Director would be directed to evaluate and to develop a
26 zoning ordinance to allow height to be limited by the zoning
27 code. Commissioner McCrea offered the Mayor to work with the
28 City Attorney and with the Planning Department on this ordinance.
29
30 Mayor Feliu then referred to campaign financial reports and
31 indicated that he would like to see the City of South Miami
32 having these available online on the City's website. He said
33 that he plans to have his own campaign financial report on his
34 personal website, to make sure that everything is clear and
35 transparent. Mr. Gallop said that this can be accomplished by
36 three ways, by consensus, by motion, or by resolution. Mr.
37 Gallop suggested having a resolution in place so that the City
38 Clerk may distribute it to the candidates so that they may be
39 aware of the law of the City. Commissioner McCrea indicated that
40 certain aspects need to be specified in the resolution, such as
41 the length of time the report should be available on the web.
42 Commissioner Wiscombe suggested that the reports can remain on
43 the web until the final report is due.
44
45 There being no further comments or discussion, the City
46 Attorney's report concluded.
47
48 Ms. Davis resumed her report after it was inadvertently
49 interrupted by the City Attorney's Report. She explained that
50 she will be presenting the 2004 Legislative package at the Miami-
REGULAR CITY COMMISSION 6
MINUTES - November 18, 2003
1 Dade County Legislative Delegation intergovernmental summit which
2 will be held December 3, 2003 at Miami -Dade Community College,
3 Wolfson Campus, from noon to 4:00 p.m., and said that some
4 representation will be needed at that time.
5
6 PUBLIC REMARKS
7 (5- minute limit)
8
9 Mr. David Tucker Sr. referred to the "Booby Trap" club which
10 was recently open for business in South Miami. He spoke about
11 the nature of this type of establishment and concluded by quoting
12 a passage from Ecclesiastes: "there is a time for everything,"
13 such as a time to correct and to put aside.
14
15 Mr. Walter Harris, a member of the Commission for Senior
16 Citizens, talked about the successful Senior Awareness Day Picnic
17 held last Saturday. He said that everything turned out to be
18 great, the food, the weather, the music, and the seniors had some
19 incredible time. He referred to 13 restaurants that provided the
20 food: Pastise, Casa Larios, Big Cheese, Deli Lane, Kourys,
21 Cookies by Design, Trattoria Sole, Le Royal Bakery, Schlotzky's,
22 Dan Marinos, Grappa, Mojito, and Bigger Bakery. Also Winn Dixie
23 and Publix supplied food, ice and gift certificates and other
24 things. He noted that at the picnic there was an eighty -nine
25 year old lady who has resided in South Miami and in the same home
26 for eighty -five years and said that she should be recognized in
27 some way. He said that the cost of the entire event was under
28 $800, and that next year it will probably be paid by the
29 exhibitors and there will be no cost to the City.
30
31 Mr. Craig Sherar said that it does not seem fair that he has
32 to take the time from the public remarks to talk about the
33 settlement of a law suit, since none of the resolutions allow for
34 public hearing. Mr. Sherar referred to the proposed Settlement
35 Agreement Between TK Promotions, Inc. and the City of South
36 Miami, with disapproval of section 10 which provides that "The
37 City shall not enforce sec. 847.0134 of Florida Statutes..." He
38 then referred to the provision for a "savings clause" protecting
39 the right of TK Promotions to operate a Special Cabaret at that
40 location. Mr. Sherar said that the City is creating a special
41 exception for this establishment. Mr. Sherar then referred to
42 the SPG / MRP agreement raising questions on some of its legal
43 aspects. He then referred to the street light on US1 for the
44 crossing to get to the Shops at Sunset Place. He said that he
45 has recommended many times that the timing of the light be
46 extended and then the $12 million crosswalk will not be
47 necessary. Mayor Feliu explained that the issue of the light
48 being extended had already been discussed with DOT and that they
49 had explained the reasons for which that would not be feasible.
REGULAR CITY COMMISSION 7
MINUTES - November 18, 2003
1 The Mayor said that there are a lot of issues which Mr. Sherar
2 bring up which have been taken care of but of which he is not
3 aware.
4
5 Ms. Valerie Newman referred to a public request that she has
6 submitted for the third time, relating to an agreement between
7 Mark Richman and Al Elias and still she has had no response. She
8 said that she has been informed at the City Clerk's office that
9 said document did not exist in the Clerk's office. She was then
10 referred to the Planning Department where she received the same
11 response as that of the Clerk's office, and was advised to fax
12 her request to the City Attorney. Ms. Newman then played an
13 audio tape with the message received from the City Attorney's
14 office informing her that the documents she had requested had
15 been given to opposing counsel. She then said that the transfer
16 of the SPG lease to MRP was published only one time when it is
17 required to be published twice. Mayor Feliu said they would be
18 looking into the concerns she had expressed.
19
20 Mr. Ed Boas referred to the proposed resolution relating to
21 The Miami Herald requesting to hold a health fair event along
22 Sunset Drive. He said that the closing of Sunset Drive must be
23 carefully evaluated since the street closure has a negative
24 financial impact on the South Miami downtown merchants. Mr. Boas
25 said that there are many other places within the County where The
26 Miami Herald can hold its events. Commissioner McCrea requested
27 that the item in reference be pulled from the Consent Agenda in
28 order to discuss it further and so that time is not taken from
29 the Public Remarks. Commissioner Wiscombe indicated that this
30 issue had been discussed before and that there are other places
31 such as the Shops at Sunset Place where these events can take
32 place other than having to close Sunset Drive.
33
34 Mr. Michael Miller spoke in favor of the proposed ordinance
35 relating to increase in compensation for Commissioners, saying
36 that it is well deserved; however, the timing might not be right
37 because of all of the recent layoffs throughout the City. With
38 regard to the proposed resolution creating guidelines for
39 election forum and debates he does not think that a resolution is
40 necessary. He then said that he concurs with the other speakers
41 that all the legal issues pertaining to City transactions should
42 be clarified.
43
44 Ms. Velma Palmer spoke in favor of the proposed resolution
45 creating guidelines for election forum and debates.
46
47 Mr. Leu Sellers, with regard to the item relating to the
48 amendment to the SMCRA Interlocal Agreement, questioned the
49 Administrative Cap increase and whether this would cost the City
50 anything. Referring to the item relating to elections he
REGULAR CITY COMMISSION 8
MINUTES - November 18, 2003
1 expressed concern about the City's involvement in the process.
2 On the item relating to compensation Mr. Sellers said that the
3 timing is not right.
4
5 Ms. Sharon McCain urged the Commission to vote against the
6 proposed Settlement Agreement between TK Promotions, Inc. and the
7 City to settle the federal litigation regarding the Booby Trap.
8 She also spoke against the item relating to debates and also the
9 item relating to compensation increase for the City's elected
10 officials.
11
12 Mr. George Arellano spoke in reference to his promotion for
13 peace concerts, and he thanked Mayor Feliu for his support over
14 the last six months with all the peace awards to different
15 community leaders and individuals who personify a pacific nature
16 and peaceful resolutions. Mr. Arellano said his main goal is to
17 help kids stay away from trouble. Mayor Feliu said that he
18 welcomes all programs which will help keep children busy through
19 music and through peace. He urged the public to sponsor this
20 cause, and urged anyone interested in helping may contact Mr.
21 Arellano at 786 - 277 -5217. In reference to the "Booby Trap" case
22 Mr. Arellano said that they are getting enough of free
23 advertising through these meetings.
24
25 Ms. Cathy McCann, former South Miami Mayor, spoke with
26 regard to the recently passed resolution approving $10,000 to
27 hire the consulting firm of Adkins and Associates for the purpose
28 of facilitating proper communication for annexation efforts. Ms.
29 McCann said that this is a waste of money, adding that the
30 present proposed annexation area will eventually be a financial
31 drain on the City. She then referred to piles of trash and
32 abandoned furniture she has seen throughout the City and said
33 that this is one of the things which need to be taken care of so
34 that people will want to be part of our City. Ms. McCann also
35 spoke against increase compensation for Commissioners saying that
36 this is not the right time for that effort. Ms. McCann then
37 referred to paragraph 10 under the proposed Settlement Agreement
38 between TK Promotions, Inc. and the City, saying that she cannot
39 understand why any elected official would say that he or she will
40 not enforce the law, and that she is very disappointed with this.
41
42 Mr. Dick Ward also referring to the proposed Settlement
43 Agreement between TK Promotions Inc. and the City, concurred with
44 Ms. McCann's feelings expressed above. Mr. Ward said to ignore
45 the Booby Trap and to concentrate on the safety of children
46 because things such as sidewalks are very important. He then
47 referred to the item relating to debates saying that there is
48 really no need for a resolution in order to have a debate.
49
REGULAR CITY COMMISSION 9
MINUTES - November 18, 2003
41
42
43
44
45
46
47
48
49
Mr. Frank Cuzzocrea spoke in favor of the resolution
relating to debates, and said that it might need some revisions,
but that a resolution of this type is needed. Mr. Cuzzocrea
offered to help as moderator.
Mr. Javier Bellon spoke with regard to the Booby Trap club
saying that it belongs in an industrial area and not where it is
now, closed to family restaurants. With regard to the item
relating to increase compensation for Commissioners, Mr. Bellon
spoke in favor saying that in his experience the City's elected
officials are very dedicated people who work very hard going out
of their way to help everyone in the community and that they are
doing a great job.
After there were no further comments, the public remarks
were closed.
Mayor Feliu read into the record a letter submitted by the
Red Sunset Merchant Association relating to downtown street
closures and the adverse effect it has on businesses in the area.
Mayor Feliu also read into the record a letter submitted by South
Miami resident Yvonne Beckman, requesting that the increase of
salary for Commissioners be placed on the February 2004 ballot
for the electorate to decide.
Commissioner McCrea requested to add an item relating to the
FTAA on the Agenda. Since the add -on item was not an emergency,
Commissioner Wiscombe noted for the records that sometime in the
past he had not been allowed to add an item, which was not an
emergency, on the Agenda.
Moved by Mayor Feliu, seconded by Vice Mayor Russell, the
motion to pull items 6 and 10 from the Consent Agenda passed by a
5 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Russell: Yea
Commissioner McCrea: Yea
Commissioner Bethel: Yea
Mayor Feliu: Yea
CONSENT
RESOLUTION NO. 207 -03 -11757
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING MARY RUBIN TO SERVE ON THE
JUNIOR COMMISSION FOR WOMEN FOR A TWO -YEAR TERM ENDING
NOVEMBER 17, 2005; AND PROVIDING AN EFFECTIVE DATE. 3/5
(Mayor Feliu)
REGULAR CITY COMMISSION
MINUTES - November 18, 2003
10
RESOLUTION NO. 208 -03 -11758
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF SOUTH
MIAMI, FLORIDA, APPROVING AN AMENDMENT TO THE ADOPTED
CITY /COUNTY /SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
( SMCRA) INTERLOCAL COOPERATION AGREEMENT DATED JUNE 1,
2000; AND DIRECTING THE INTERIM SMCRA EXECUTIVE
DIRECTOR TO FORWARD THE INTERLOCAL AMENDMENT REQUEST TO
THE BOARD OF COUNTY COMMISSIONERS FOR MIAMI -DADE COUNTY
FOR FINAL APPROVAL; PROVIDING AN EFFECTIVE DATE. 3/5
(City Attorney)
RESOLUTION NO. 209 -03 -11759
6. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA; AUTHORIZING THE CITY
MANAGER TO ACCEPT AND EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS RELATING TO THE FEDERAL DRUG CONTROL AND
SYSTEM IMPROVEMENT GRANT FROM MIAMI -DADE COUNTY FY
2003/04 FOR $5,909.00; TO DESIGNATE $1,477.00 FROM THE
POLICE OVERTIME ACCOUNT #01- 1910 - 521 -1410, AS MATCHING
FUNDS AS REQUIRED BY THE GRANT, AND TO PROVIDE FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION NO. 210 -03 -11760
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PROTURF,
INC. FOR PALMER PARK DRAINAGE IMPROVEMENTS CONSTRUCTION
IN AN AMOUNT OF $24,900.00 TO BE CHARGED TO FLORIDA
EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345
AND RELIEF FUNDING ACCOUNT NUMBER 110 - 0000 - 132 -2070 AND
THE STORMWATER DRAIN TRUST FUND ACCOUNT NUMBER 111-
1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION NO. 211 -03 -11761
8. 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 TO
CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. (C3TS)
FOR SURVEYING & TESTING, FINAL DESIGN AND BID PHASE FOR
DOWNTOWN IMPROVEMENTS PHASE III, IN AN AMOUNT OF SIXTY -
NINE THOUSAND EIGHT HUNDRED FIFTY DOLLARS, ($69,850.00)
TO BE CHARGED TO THE SOUTH FLORIDA WATER MANAGEMENT
REGULAR CITY COMMISSION 1 1
MINUTES - November 18, 2003
DISTRICT GRANT ACCOUNT NUMBER 001 - 0000 - 132 -2060;
PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION NO. 212 -03 -11762
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION
OF EQUIPMENT, AUTHORIZING THE CITY MANAGER TO PURCHASE
A NEW PRINTER FROM IR DATALINK CORPORATION IN THE
AMOUNT OF $6,692.00 AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 001 -1340- 513 -6430 AND 001 - 1410 - 513 -6430
"OPERATING EQIIIPMENT". 3/5
(City Manager)
RESOLUTION NO. 213 -03 -11763
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION
OF CERTAIN COMPUTER EQUIPMENT; AUTHORIZING THE CITY
MANAGER TO PURCHASE A NEW SERVER FROM DELL CO. IN THE
AMOUNT OF $7,959.00 AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 001 -1340- 513 -6430 "OPERATING EQUIPMENT".
3/5
(City Manager)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Russell and Commissioner Bethel, the motion to approve the
Consent Agenda passed by a 4 -0 vote.
Commissioner Wiscombe: Yea
Vice Mayor Russell: Yea
Commissioner McCrea: Out of the Room
Commissioner Bethel: Yea
Mayor Feliu: Yea
37 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
39 ORDINANCE NO. 23 -03 -1807
40 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
41 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2004
42 GENERAL ELECTION FOR THE MAYOR AND CITY COMMISSIONERS
43 FOR GROUPS, II AND III AND UNEXPIRED TERM FOR
44 COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE
45 AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION
46 OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
47 APPROVING THE OFFICIAL BALLOT; PROVIDING FOR
REGULAR CITY COMMISSION 12
MINUTES - November 18, 2003
1 NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
2 CONFLICT, AND AN EFFECTIVE DATE. 3/5
3 (Mayor Feliu)
4
5 Moved by Commissioner Wiscombe, seconded by Vice Mayor
6 Russell and Commissioner Bethel to approve this item.
7
8 Mayor Feliu explained that this is just to formalize the
9 upcoming election by ordinance and that it is open for public
10 hearing.
11
12 There being no further comments or discussion, the motion to
13 approve this item passed by a 4 -0 vote.
14
15 Commissioner Wiscombe: Yea
16 Vice Mayor Russell: Yea
17 Commissioner McCrea: Out of the Room
18 Commissioner Bethel: Yea
19 Mayor Feliu: Yea
20
21 RESOLUTION (S) /PUBLIC HEARING (S)
22
23 (None)
24
25
26 RESOLUTION (S)
27
28 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGENDA;
30 CREATING AN AGENDA SUBJECT FOR "NEW BUSINESS ";
31 PROVIDING AN EFFECTIVE DATE. 3/5
32 (Commissioner McCrea)
33
34 Moved by Vice Mayor Russell, seconded by Mayor Feliu and
35 Commissioner Bethel to approve this item.
36
37 Vice Mayor Russell explained that the purpose for this item
38 is to create an agenda subject called "New Business" to allow the
39 Commission to discuss in public and among themselves issues that
40 may not be on the agenda but that might be coming for decisions
41 later on.
42
43 Mayor Feliu said that this new item on the agenda would
44 extend the meetings and that any new issues could be discussed at
45 the Commission Remarks section.
46
47 Commissioner Wiscombe said that when he has a concern with
48 any issue he discusses it with the City Manager so that she can
REGULAR CITY COMMISSION 1 3
MINUTES - November 18, 2003
1 bring it up before the Commission; therefore, there is no need to
2 create longevity for the meetings which we all have worked very
3 hard to find a way to finish before one o'clock.
4
5 There being no further comments or discussion, the motion
6 to approve this item failed by a 0 -4 vote.
7
8 Commissioner Wiscombe: Nay
9 Vice Mayor Russell: Nay
10 Commissioner McCrea: Out of the Room
11 Commissioner Bethel: Nay
12 Mayor Feliu: Nay
13
14 RESOLUTION NO. 214 -03 -11764
15 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LITIGATION;
17 APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND
18 TK PROMOTIONS, INC.; PROVIDING AN EFFECTIVE DATE. 3/5
19 (City Attorney)
20
21 Moved by Vice Mayor Russell, seconded Commissioner Bethel to
22 approve this item.
23
24 Mr. Gallop addressed the Commission regarding the proposed
25 Settlement Agreement. He started by saying that during the past
26 thirty years he has handled many law suits and his experience has
27 always been that clients enter into law suits very carefully,
28 often reluctantly and as the last resource. in addition, he
29 said, his experience has been that settlement agreements always
30 involve difficult decisions because once the parties enter into
31 litigation they do it with the idea of winning.
32
33 TK Promotions has amended its complaint to challenge the
34 enforcement of FS sec. 847.0134, which prohibits the operation of
35 an adult entertainment establishment within 2500 feet of a public
36 or private school. TK Promotions thereby attacks the
37 constitutionality of the statute on its face, and as applied.
38 Even though the statute is challenged, the Florida Attorney
39 General has advised that his office will not participate to
40 defend the statute at this stage of the litigation. The City
41 will be required to bear the substantial financial burden of the
42 defense. Mr. Gallop explained that the history of similar cases
43 had been studied in preparation of the proposed Settlement
44 Agreement and that he believes that this agreement is a
45 reasonable way to settle what could become costly and troublesome
46 litigation.
47
48 Mr. Gallop indicated that one of the negotiations has been
49 to have the name of the club changed, and one of the names that
REGULAR CITY COMMISSION 14
MINUTES - November 18, 2003
I they had agreed on is "BT's Gentlemen's Club," and that the
2 signage shall be changed within 45 days from the date of
3 dismissal of the litigation. Mr. Gallop also said that they were
4 advised to establish a dress and behavior code. Because of the
5 concern with crime, particularly from patrons, they were advised
6 to appoint a security liaison to monitor the behavior of patrons
7 inside and outside the establishment. In exchange for all of the
8 City's demands, they want the right to exist. A copy of the
9 Settlement Agreement was submitted with the resolution for
10 everyone's review.
11
12 Due to the concern expressed by the public with regard to a
13 clause under the proposed Settlement Agreement, which provides
14 that the City shall not enforce sec. 847.0134 (FS) , Commissioner
15 McCrea asked Mr. Gallop to explain specifically to the point,
16 whether this is a question of picking and choosing which laws the
17 Commission will or will not enforce. Mr. Gallop said that the
18 law makes no distinction between selective enforcement or
19 selective defense of the statutes. The Attorney General decided
20 not to intervene in this case because he did not want to spend
21 public resources for numerous reasons. The government has public
22 trust duties to spend its limited resources cautiously, Mr.
23 Gallop added.
24
25 Commissioner Wiscombe expressed some concern with regard to
26 paragraph number 6 under the proposed Settlement Agreement,
27 relating to enforcement of dress and behavior code, as he finds
28 it vague. Mr. Gallop indicated that the same clause provides
29 that the city manager shall have 5 days to deliver a written
30 response accepting, rejecting, or suggesting modifications to the
31 code and the same shall be submitted to binding arbitration.
32
33 Vice Mayor Russell said that after numerous attorney- client
34 sessions to discuss this matter, where she said to have learned
35 plenty about this subject, she will take Mr. Gallop's advice who
36 in his thirty years of practicing law recommends this as the best
37 possible solution to bring closure to this matter. Vice Mayor
38 Russell said that there are many provisions in the proposed
39 Settlement Agreement such as a dress code, security, police
40 liaison, and change of the signage, all of which will contribute
41 to change the establishment as it exist right now.
42
43 Mayor Feliu concurred with the Vice Mayor that the
44 Settlement Agreement provides for some important improvements to
45 the establishment. We are working on an ordinance right now to
46 make sure that this type of situation does not happen again, the
47 Mayor added.
48
49 There being no further comments or discussion, the motion to
50 approve this item passed by a 4 -1 vote.
REGULAR CITY COMMISSION 155
MINUTES - November 18, 2003
it
2 Commissioner Wiscombe: Nay
3 Vice Mayor Russell: Yea
4 Commissioner McCrea: Yea
5 Commissioner Bethel: Yea
6 Mayor Feliu: Yea
7
8 Moved by Commissioner McCrea, seconded by Mayor Feliu, the
9 motion to add item number 14 on the Agenda passed by a 5 -0 vote.
10
11 Commissioner Wiscombe: Yea
12 Vice Mayor Russell: Yea
13 Commissioner McCrea: Yea
14 Commissioner Bethel: Yea
15 Mayor Feliu: Yea
16
17 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOCAL
19 AUTHORITY AND PENDING FREE TRADE AREA OF THE AMERICAS
20 TREATY NEGOTIATIONS, PROVIDING AN EFFECTIVE DATE. 3/5
21 (Commissioner McCrea)
22
23 Moved by Commissioner McCrea, seconded by Mayor Feliu to
24 approve this item.
25
26 Commissioner McCrea spoke regarding the FTAA treaty being
27 negotiated this week in Miami. Commissioner McCrea said to be
28 concerned because the established municipal and state authority
29 is threatened to be eroded by provisions of an international
30 treaty which supersedes that established authority. We have no
31 direct input into that process of having our own established
32 municipal authority eroded, and we are neither provided an
33 adequate avenue of appeal once anything is enacted. Commissioner
34 McCrea then referred to a letter provided by the National League
35 of Cities dated September 23, 2003, addressed to Ambassador
36 Robert Zoellick, United States Trade Representative to the FTAA.
37 The letter is cosigned by the National Conference of State
38 Legislatures, the Council of State Governments, the U.S.
39 Conference of Mayors, and the National League of Cities, who are
40 all in active participation in advising the United State Trade
41 Representative on FTAA matters, and they are concerned precisely
42 about the same thing. Commissioner McCrea welcomed the
43 Commission's comments and urged them to support him in passing
44 this resolution.
45
46 Mayor Feliu asked Vice Mayor Russell whether this issue had
47 been discussed by the Miami -Dade League of Cities. Vice Mayor
48 Russell indicated that the issue had come up at the executive
49 board meeting yesterday, and that they all had agreed that this
REGULAR CITY COMMISSION 16
MINUTES - November 18, 2003
I is an important and very complex issue and that it requires much
2 more study on their part, and that the Miami -Dade League of
3 Cities has not taken any position yet on the issue other than
4 supporting the secretariat's location here in Miami -Dade County.
5 Vice Mayor Russell noted that the House Committee on Commerce met
6 this morning to discuss this issue but they do not expect to take
7 a vote on this until 2005. Vice Mayor Russell said that she will
8 invite the Commission to attend the next meeting when they will
9 have speakers on both sides of the issue, to continue the
10 education process. Based on all of this, Vice Mayor Russell said
11 she was ready to table this item.
12
13 Mayor Feliu concurred with the Vice Mayor saying that this
14 is a very complex issue and that he would like to see what the
15 Miami -Dade League of Cities position is on the whole thing.
16
17 Commissioner Wiscombe also concurred with the Vice Mayor
18 with the importance of becoming better educated on the issue and
19 indicated that he would second the motion to table this item.
20
21 Commissioner McCrea indicated that even though the Miami -
22 Dade League of Cities has not come up to speed on it yet, the
23 National League of Cities has, and that they have been involved
24 in the negotiations for some time, as 'the above - referred letter
25 indicates, and also as their website indicates.
26
27 Moved by Vice Mayor Russell, seconded by Commissioner
28 Wiscombe, the motion to table this item passed by a 4 -1 vote.
29
30 Commissioner Wiscombe: Yea
31 Vice Mayor Russell: Yea
32 Commissioner McCrea: Nay
33 Commissioner Bethel: Yea
34 Mayor Feliu: Yea
35
36 There was some confusion among the Commission as to the yeas
37 and nays with regard to the above item which was clarified later
38 on. For instance, Commissioner Bethel indicated that he wished to
39 vote no because he had just received the information on the item,
40 therefore he meant to vote yes to table. In addition,
41 Commissioner McCrea requested clarification by Counsel, as to the
42 right to call the question in this case. Mr. Gallop indicated
43 that our rules of procedures do not address whether or not the
44 person sponsoring a resolution has the right to close the debate.
45 Mr. Gallop then said that in his view, a motion to defer or a
46 motion to table is not a motion to close the debate; instead,
47 these are motions to interrupt the debate for purposes of laying
48 it on the table until it is brought back at another meeting or
49 deferring it to the next meeting when the debate will continue.
50 In my view, Mr. Gallop continued, the privilege of closing the
REGULAR CITY COMMISSION 17
MINUTES - November 18, 2003
I debate does not apply to motions to defer or to motions to table.
2 Commissioner McCrea then said that there were a lot of business
3 still to finish up tonight, it is getting late and it is clear
4 where this is going, and asked to proceed with the meeting. In
5 addition, the 4 -1 vote to table was reaffirmed.
6
7 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS;
9 CREATING ELECTION FORUM; PROVIDING GUIDELINES, AND AN
10 EFFECTIVE DATE. 3/5
11 (Commissioner McCrea)
12
13 Moved by Vice Mayor Russell, seconded by Commissioner McCrea
14 to approve this item.
15
16 Commissioner McCrea said that this resolution reflects the
17 changes discussed at the last meeting when the item was submitted
18 in the form of an ordinance and was subsequently deferred. He
19 explained that this resolution does absolutely nothing to stop
20 anybody from conducting a debate, what it does is to establish
21 procedure if the City is to be involved. It does not require any
22 candidate to participate in any debate and it is entirely up to
23 the candidate. With regard to the general concern of the staff's
24 involvement in the debates, he explained that Counsel had
25 recommended a conceptual solution, to allow all staff action to
26 be purely ministerial by placing the deciding criteria in the
27 resolution itself. For instance, have the resolution determine
28 sponsor qualification and staff simply review applications for
29 completeness. Commissioner McCrea then urged the Commission to
30 sponsor the resolution.
31
32 Mayor Feliu thanked Commissioner McCrea for all the work and
33 effort put into this resolution, however, the Mayor said that
34 this resolution, as presented, is very complex and it still
35 involves City staff in some fashion, and added that he cannot
36 support it.
37
38 Commissioner Wiscombe concurred with Mayor Feliu. He said
39 that, for instance, Congress does not pass legislation to
40 determine the debate for presidential candidates. Commissioner
41 Wiscombe reiterated that he does not agree with getting staff
42 involved in the debates in any form and that he would not support
43 this resolution.
44
45 Vice Mayor Russell said that the Commission should go one
46 section of the resolution at a time because it contains some good
47 ideas, particularly under Sponsor Qualifications (Section 1).
48 Mayor Feliu referred to Section 1.2.5, saying that the definition
49 of the word "adequate" is vague and it does not mean the same for
50 everyone. Commissioner McCrea referred to Section 6.2, which
REGULAR CITY COMMISSION 18
MINUTES - November 18, 2003
I provides that "the City Attorney shall review all Sponsor
2 applications...."
3
4 Commissioner Wiscombe said that before going item by item he
5 would like to hear what Commissioner Bethel has to say on this .
6 Commissioner Bethel said that he has been in the Commission since
7 1996 and this is his first time hearing this. Ronetta was never
8 involved in her capacity as City Clerk, neither has City Attorney
9 Mr. Gallop, nor has the City Manager ever been involved.
10 Commissioner Bethel said that he does not know the reason for all
11 these new ideas, they are unnecessary, and that he could not
12 support this resolution either.
13
14 Vice Mayor Russell said that even though she could not
15 support the proposed resolution as it is written, she believes
16 that some of the ideas are very good, adding that she would have
17 made some suggestions to the Commission to try to work it out.
18
19 Mayor Feliu wrapped up the discussion reiterating that the
20 big issue with this resolution is the involvement of City staff,
21 and proceeded to call the question.
22
23 There being no further discussion or comments, the motion to
24 approve this item failed by a 1 -4 vote.
25
26 Commissioner Wiscombe: Nay
27 Vice Mayor Russell: Nay
28 Commissioner McCrea: Yea
29 Commissioner Bethel: Nay
30 Mayor Feliu: Nay
31
32
33 RESOLUTION NO. 215 -03 -11765
34 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
35 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
36 MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE
37 CITY OF MIAMI POLICE DEPARTMENT FOR GENERAL AND
38 SPECIFIC LAW ENFORCEMENT DUTIES ON BEHALF OF THE CITY
39 OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION
40 23.1225 (3), FLORIDA STATUES; AND PROVIDE FOR AN
41 EFFECTIVE DATE. 3/5
42 (City Manager)
43
44 Moved by Vice Mayor Russell, seconded by Commissioner
45 McCrea, to approve this item.
46
47 This item was pulled from the Consent Agenda at the request
48 of Commissioner McCrea.
49
REGULAR CITY COMMISSION 19
MINUTES - November 18, 2003
1 Mr. Gallop explained that this is a renewal of the
2 Interlocal Agreement between the City of South Miami and the City
3 of Miami Police departments. This agreement should be renewed
4 every five years, a recommendation of the Florida Department of
5 Law Enforcement. This Agreement allows the Police Department to
6 draw upon resources in furtherance of the law enforcement
7 mission, including personnel and equipment. Mr. Gallop indicated
8 that the renewal Agreement should be the same as the one which
9 has expired, except for some amendments relating to statutory
10 indemnification. For these amendments to be implemented they need
11 to be approved by the Commission and sent back to the City of
12 Miami for their approval so that the contract may be finalized.
13 Mr. Gallop said that regarding these amendments, he does not have
14 strong feelings one way or another and even though he does not
15 believe they are absolutely critical, he believes they are useful
16 provisions.
17
18 Moved by Commissioner McCrea, seconded by Mayor Feliu, the
19 motion to approve this item with amendments passed by a 5 -0 vote.
20
21 Commissioner Wiscombe: Yea
22 Vice Mayor Russell: Yea
23 Commissioner McCrea: Yea
24 Commissioner Bethel: Yea
25 Mayor Feliu: Yea
26
27
28 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
29 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
30 APPROVE A SPECIAL EVENT PROVIDED BY THE MIAMI HERALD FOR A
31 TOTAL HEALTH FAIR EVENT THAT WOULD BE HELD ON SUNDAY,
32 JANUARY 18, 2004, LOCATED ON SW 72 STREET (SUNSET DRIVE)
33 BETWEEN SW 58TH COURT AND SW 57TH AVENUE (RED ROAD);
34 PROVIDING AN EFFECTIVE DATE. 3/5
35 (City Manager)
36
37 Moved by Mayor Feliu, seconded by Vice Mayor Russell to
38 approve this item.
39
40 This item was pulled from the Consent Agenda at the request
41 of Vice Mayor Russell and Commissioner McCrea.
42
43 Commissioner McCrea indicated that this item had been pulled
44 in order to address the concerns expressed by some of the
45 downtown merchants regarding the closure of streets and its
46 negative effect on businesses. Commissioner McCrea said that an
47 issue which may need to be addressed is the permit applications
48 procedure and the way they are processed.
49
REGULAR CITY COMMISSION 2 0
MINUTES - November 18, 2003
I Ms. Stout -Tate explained that what the City has done in the
2 past is to ask the vendor to provide the business owners with
3 information regarding the event, by going to each store for the
4 business owner's approval. The owners then have an opportunity to
5 sign either approving or disapproving the request.
6
7 Mayor Feliu said that the signatures may not be totally
8 reliable because they may be from an employee or sales person
9 whose point of view may not necessarily reflect the feelings of
10 the actual owner of the business. Ms. Stout -Tate said that the
11 signatures were turned in at the last minute and there had been
12 not enough time for verification.
13
14 Vice Mayor Russell said that there are other places in South
15 Miami where these types of events may be held without having to
16 close the downtown streets. Street closures constitute a big
17 burden on the merchants. She urged the Commission to hold a
18 workshop to discuss this issue with the merchants. Vice Mayor
19 Russell said that she could not support having the proposed event
20 this year, particularly with all the ongoing street improvements
21 in the downtown area.
22
23 Commissioner Bethel said that closing the streets is not
24 fair to the merchants. He said that while other places, such as
25 the Grove, charge the vendors a great deal of money, our City
26 does not charge anything for vendors to use our streets, adding
27 that he would not support this item.
28
29 Mayor Feliu said that he welcomes these events, however,
30 there are many other places in the City where they can be held
31 other than having to close the streets. The City Hall and the
32 Multipurpose Center are some examples.
33
34 Commissioner Wiscombe urged the applicant to talk with Mr.
35 Tim Cunningham who is the manager of the Shops at Sunset Place.
36 He added that the Shops at Sunset Place have undergone some
37 remodeling and it may have adequate space to accommodate events
38 of this type. Commissioner Wiscombe concurred with the Vice
39 Mayor as to the importance of holding a workshop to discuss the
40 street closure issue.
41
42 There being no further discussion or comments, the motion to
43 approve this item failed by a 0 -5 vote.
44
45 Commissioner Wiscombe: Nay
46 Vice Mayor Russell: Nay
47 Commissioner McCrea: Nay
48 Commissioner Bethel: Nay
49 Mayor Feliu: Nay
50
REGULAR CITY COMMISSION 2 1
MINUTES - November 18, 2003
1 whether its efforts have proven to be effective, when all the
2 employees and the community are feeling secure again; therefore,
3 let the voters decide on this at a later date. She added that the
4 proposed $30,000 salary seems high for the work that is required
5 and that she spends numerous hours working with different
6 organizations such as the Miami -Dade League of Cities and
7 Informed Families and that she does not expect to be compensated
8 for that. She also said that she may have no problem with an
9 additional compensation for the work she does for the City, but
10 that she is willing to let the voters decide on that. She said
11 that she has been donating her time to the City because it is
12 very important to her. For all these reasons she said that she
13 will not support this item either.
14
15 Commissioner Bethel said that he taught for thirty -seven
16 years and the first thing that he would do everyday is sit with
17 his students and make sure that each one of them had eaten. He
18 said that the time he dedicates to the community is not for money
19 but to help people. Commissioner Bethel said that as long as he
20 knows that he is doing something good for his City, and he is
21 seeing people happy, that is his raise.
22
23 Commissioner Wiscombe said that it takes a lot of courage to
24 bring up this issue at this moment in time. He said that with
25 all the recent drastic measures to balance the budget, layoffs,
26 the health insurance issue, and postponing the COLA, it would
27 make him very angry if he were a regular City employee and saw
28 the elected officials raising their on salaries. He also
29 concurred with the Mayor and the Vice Mayor with the need to take
30 the issue to the voters and have them make a decision. He does
31 not agree with the proposed amount of $30,000. Commissioner
32 Wiscombe said that he might be able to deal with $7,000 or
33 $10,000 in the future but no more. He said he could not support
34 this item either.
35
36 There being no further discussion or comments, the motion to
37 approve this item failed by a 1 -4 vote.
38
39 Commissioner Wiscombe: Nay
40 Vice Mayor Russell: Nay
41 Commissioner McCrea: Yea
42 Commissioner Bethel: Nay
43 Mayor Feliu: Nay
44
45
46 COMMISSION REMARKS
47
48 Commissioner Wiscombe announced the beginning of the Farmer's
49 Market on Saturday, from 9:00 a.m. to 1:00 p.m. He said that there
REGULAR CITY COMMISSION 23
MINUTES - November 18, 2003
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will be between 30 -40 vendors, a significant increase from 19
vendors when the project started some years ago. The event is
taking place at City Hall and he is inviting everybody.
Vice Mayor Russell referred to Mr. Walter Harris who spoke
about the Seniors' picnic and what a great event it was, and also
spoke about all the donated food, but what he did not say is all
the countless hours he put into the event, and she thinks that he
deserves special thanks from this Commission for his efforts.
Commissioner McCrea said he had noticed in the paper,
several South Miami connections honored by the American Institute
of Architects (AIA) noting that the Miami Chapter of the AIA
recognized the work of South Florida architects last week;
Lourdes Solera of MC Harry and Associates was installed as
president of the AIA, and among others he mentioned South Miami
`Hammock House' as one of the recipients of an Excellence in
Architecture award.
Commissioner Bethel also gave credit to Mr. Harris for the
great picnic for the seniors. Also, he indicated that he had met
with Bernie Kosar and with Armando -of the South Miami Great
Western Hotel, and said that Bernie's Stake House will be opening
in January, 2004. He then referred to the 11125 lbs" who won the
national last year and they are aiming to win again this year and
urged everyone to back them.
Mayor Feliu commended Commissioner Wiscombe, Penny Praige,
Levy Kelly and everybody involved with the Farmer's Market. Also
commended Walter Harris and Jerry Gould and the whole Senior's
Citizens Committee for putting together such a well planned
event. Mayor Feliu then wished everyone a happy and safe
Thanksgiving.
There being no further business to come before this Body,
the meeting adjourned at 11:35 P.M.
Approved
Attest
Maria M. Menendez
Acting City Clerk
REGULAR CITY COMMISSION
MINUTES - November 18, 2003
24
Horace G. Feliu
Mayor
CITY OF SOUTH MIAMI South Miami
Inter - office Memorandum
1
2001
TO: Honorable Mayor, Vice Mayor DATE: December 16, 2003
& City Commission
FROM: Maria V. Davis /
City Manager ! ��
RESOLUTION:
AGENDA ITEM No.
RE: Authorizing the #CiManager to
purchase two Automated Garbage Trucks
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE MOBILE
REFUSE CONTAINERS /CART (MEGA -KART) WITH ADDITIONAL WHEELS & AXLES
FROM AMERI -KART CORP. FOR AN AMOUNT OF $116,048.00 AND AUTHORIZING
THE CITY MANAGER TO ESTABLISH A RECEIVABLE ACCOUNT; PROVIDING FOR
AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
As approved with this year's budget, our Public Works Department is preparing for the
proposed Automated Garbage pick -up method. This Injection - Molded 96- gallon container is
recommended for the operation. The Container is molded for exceptional durability that
translates into a long, cost - effective life expectancy. The body of the container resists damage
from oil and most chemicals. The container lift points, corners, hinges, axles fixtures, and
handles are all reinforced during the molding process for maximum strength without excessive
additional weight or reduced maneuverability. Ameri-Kart Corp. submitted the attached letter
promising to honor the bid price from the City of Myrtle Beach and to hot -stamp the City's logo
& serial number to each container at no additional cost to the City.
We intend to "piggyback" on a current purchase order with the City of Myrtle Beach. The total
cost for 3,100 containers with 50 additional wheels and axles is $116,048.00. We plan to deliver
the containers to the residents and charge $50.00 for each container. The $50.00 charge includes
our purchase price, in -house assembly of each container and delivery by City employees.
RECOMMENDATION:
It is recommended that the City Commission approve the resolution
Page 2 of 2
Comm. Meeting Agenda
Dec. 16, 2003
ATTACHMENTS:
❑ Proposed resolution
❑ Copy of letter from Ameri-Kart Corp.
❑ Copy of "piggy- back" purchase orders
❑ City of Myrtle Beach Bid Package
❑ Injection - Molded 96- Gallon Container brochure
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE MOBILE REFUSE
CONTAINERS /CARTS (MEGA -KART) WITH ADDITIONAL WHEELS & AXLES FROM AMERI -KART
CORP. FOR AN AMOUNT OF $116,048.00 AND AUTHORIZING THE CITY MANAGER TO
ESTABLISH A RECEIVABLE ACCOUNT; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City Commission wish to purchase 3,100 Mobile Refuse Containers to
be issued to residents for garbage collection purposes, and;
WHEREAS, the Mayor and City Commission wishes to also purchase additional wheels and axles
for the purpose of maintaining the containers by the Public Works Department.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA:
Section 1: The City wishes to purchase 3,100 Mobile Refuse Containers to be issued to
residents for garbage collection purposes
Section 2: The City wishes to also purchase additional wheels and axles for the purpose of
maintaining the containers by the Public Works Department.
Section 3: That the Mayor and City Commission authorize the City Manager to purchase
Mobile Refuse Containers with additional wheels & axles from Ameri-Kart Corp. for an
amount of $116,048.00 and further authorize the City Manager to establish a receivable
account.
Section 4: This resolution shall be effective immediately.
PASSED AND ADOPTED this
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2003.
ATTEST:
Horace G. Feliu, Mayor
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
10/3l/03 11:04 FAX 316 794 8574 AMERI —RART GODDARD, IBS.
Amen -Kart core.
A My-Y9 khMUlus Gxnpvry
October 31, 2003
Mr. Ajibola Balongun
Public Works Director
4795 SW 75"` Ave.
Miami, FL 33155
Dear Mr. Balongun,
IM 001
Kansas DiyWon
,1331nd4r al noad
P.0 Box 751
Goddard, KS 670512 -0751
(316) 7N-a) 13
(600) 533.2,175
Fax. (316) 79yFt574
Thank you for your interest in Ameri -Kart and our 96 gal. Mega -Dart. This letter is
written to confirm that Ameri-Kart will honor the bid price( $37.25 ea) from the City of
Myrtle Beach, S.C., bid number 03- 04002. We will honor this price for a period of 12
months should you need more carts at a later date.
The above Price includes:
• All freight charges to the City of South Miami.
• Logo hot stamp and serial numbers.
Should you have any fl rther questions, Please do not hesitate to call.
Once again, thank you for your interest and we look forward to working with you and the
City of South Miami FL.
7 oug "ely,
k
General Manager
CC: David Wright- Region Sales Manager
10/23/03 09:23 FAX 318 794 8U, A31ERI -KART GODDARD, KS,
PURCHASE ORDER
CITY OF MYRTLE BEACH
P. 0. BOX 2468
MYRTLE BEACH, S.C. 29578 -2488
Ameri -Kart Corporation
PO Box 751
I Goddard, KS 67052
}I t
PURCHA6t UHUr-
03- 0025779
PHIS NU,VSER MUST APPEAR ON
ALL IWCICES, PACKIN3 SUPS.
PACKAGES 8 CCRIMSPCNOENCE.
DATE 7-31-03
REQ. NO.
Hity of 14yrtle Beach Warehouse
13231 Mr. Joe white Ave.
P13yrtle Beach, SC 29577
TI
0
QUANTITY I DESCRIPTION UNIT PAICE EXTENSION
NO. I UNIT
1 ealMobile Refuse Cart "BOSS" 36.25 36.25
1 ;Wheels - additional, if ordered 6.50 6.50
1 Axles - additional if ordered 4.95 4.95
Blanket Purchase Order valid
through July 31, 2004.
,Per Bid #03- 04002 44
;Quantity shown for ?O entry only.
Mail Confirming
PAX: 603 - 215 -9866
Plus Applicable Soles Tax:
PURCHASJ GRpM TTrRMS ANO C.ONCITICNS
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1nan, WU.JwuborcWm.1 asa;pr :tx:61. VEi�DOFiti�? COPY
ma.n Y►aM0 n-Wp I"- rV 0ama9t 3h .l 20 CCY•.
CHARGE CODE
10- 107.35
CITY OF MYRTLE BEACH
Dy —6—L /)( I L
PAGE OG PAGES
JV-ZP /03 00:58 FAX 316 134 6574 AMERI -KART GODDARD, SS. �Jp02
City of Myrde Beach
p'UitCfiASII km 5 O U T H. C A. R a L I H .4 ($43'91& -2194
MAT MALS KANAC - FAX: {W) 918-2182-
BID NtrMER:• 03 -04002 BATE: Juac 23, 2003
DID TITLE* Mobile Rcfusp Carts
Mes will be retches by the V'dolkwing Office located at 3231 W roe Wbite Avenue '
uadl 3:00 PM oa ay, 7 Monduly 14, 2003. Bach bid'must be submfMd iII A .scr1ed
myclope, eddrwwd to flue Purchasing Office at Post Office Box 2468, Myrtle Beach, SC
29578. Each sealed eavelope 00nta=9 a bid.mu$00 ple * masked on the outside as .
"Bid Number: 03-04002 Refuge Cans" and tine eavalopc should bear on the.odmide tue
nmac of the Bidder.
1f a tabulation of bids is dmmr Newt, criclm a self 30ressed, staged envelope when
sigbmlttiug bid proposal. If mom onvanient, tabuUtians are available forpiab* after
final avf&r&
Ro Bid Tabulations wiJ be faxed.
F. G. Fanelli
P=hasing Manager
.MAII..ING ADDRESS: CrrY OE MYRTLE BEACK • P.O. BOX 24M • .YX= BFAPL SOUTH CAROLINA 2- 057$ -Z*65
CSC&.anD8.ti8ty CM 0p myRTT.E BEAcK • 3zi -imh AVENUE NORM= • 1rtYME MCK SOLMI CAROLINA N577
T•d p08* etib Ede �saQ �uo.a� daT:Sti CD OT IBC
10129;V 09:59 FA.X 918 794 8574 AHERI -KART GOPUAU, KS.
Z003
NO BIDS Wit.L• BE ACCEPTED `UNIMS SUBIIrIlT.= ON'1MO FORMS
FURNTSOD EMRRN. All bids must b� sea14 -mark d and dalivexrd in accordance
withtheseinstructions. gggM and rr. d mklirlyfit L�Q time so ARCMfi6d on
the 8ngt cover sheet.
9.. Bidders shall maize alt i vdstigatiow rcaceassaty to thorotikhly inform t mue ves
regardiU plant eszd farilities for dakvc%y of mQtedal and egvip meat and/or service to be •
performed as required by the bid conditions. ,No pies of igriorz= by the bidder of
conditions that exist or that may hereafter as a result of failure or omission on tho
part of the bidder io make the me ctsaary eaxamaination W rove stigations,'or failure to
: tiilfi.Il in every detail the regaea� of tho contract documents.' will be aecrptxd as a
basis for rarying the requirements of the City pr the compete ion to the vendor. .
10. City of Myrtle pays South Cazolixue State galas Tak. lit City is aitcxupt frein
Pederal �2. iUc Tax, and will. issue joiempgoa'cerWlcates ifrequired. $JAYFLTCABLB
TABS BE -SHOWly AS. SPPA9A.TE T-RIT PIX-S- N ?IBID f'=-
The CO:r'ZRt'iCTOR agrees to pay Z taxes and license Pecs of wbatcver uatrare
applicable to cau+duc t bis business and famish the CITY, ifztgt=t4 With duplicate
receipts or ad= satisfactory m idemoo showing the prompt paymezrzt of'alltaxcs and
fcwwh= referred to and showing that all li=nscs are in effect;
11. The awwd will be icade (usually Milan 30 days) to the responsible bidder meeting
the specifiratious and having the lowest possible cost aoaaistent with the Quality anti
service needeed for effective use. The foilowing critaria •will be OW iu Malang this
detesmluadon:
A. S aperlor quality and specification aeihe =o:
B. 1b ciN=te mamtcrianca and. wane
C. Delivery and/or completion time
D. Guamutaas and warranties
'E. Compaay'r.zeputation nd warranties. status
1r. past mcpedence'and cost with similar or like equipment or service
Cr. Andcipatfd fature cost acrd experiezrce
K, Performance of proponent's, equipment in hands of other IAt=xrs, pleats, and
firms '
12. In the avent'tho suoeemful bidder fails or refuses to execate a formal written contract
with the City of N4vWe Beach iu form sped content =ceptable to the City, within tem,(10)
days after notice of acceptance ofhis bid, his bid may be revoked, and all obligations of
the City in connwtlon. with the bid maybe cwweled.
Bid #03 -04002
Page 3 of 10
2 •d 0064 8i* 84e �saa auc.i-4 d2I =S0 Co of inr
10/29/03 09:59 FAX 316 794 6574 AMERI -KART GODDARD, KS.
13. The suacsful Mader at its own cost and eagst�oss sii4 furnish, if rvqud, 4 good
and sui5ciet t FEUORMANCE BOND and PAYMENT,' B= (payable to the City of
Myrtle Aeach) in the full zwo=t of this agr"e t conditi(med on the hill and faitbfdl
pkebrmanoe of the wmlc under ttris agiecmemt in apcordance ^with the specifications and
contract doq mimts. The Perfaimance anti Payment Bonds shall be. exemt:d by tine
cmp=tor and a bonding comps zy authodzed to do business in the State of South'
Carolinas and approved by the Statc of South Carolina to issue such performance and
paymea, bonds.
14. No extras or additional work will be allowed or paid for tmless such extras or
additional work areArb ordered in writing' by the Purchasing Division and with the prix•
for such estabiked and agreed upon before mesh extras are delivered or work is
.Perfo=cd.
IS. The City eliall have the right; without iuvaEd*ting the contuse, to make additions to
or deductions from the itte= or work covered by tie specifications. la case such
dedtrc dons or additions are =de, an equitable Price aidjua teat shall be made between
the City and the Eon=ctor, Any such ad justtnmu in price shall be made in writing
16. The cctihaetor agrees to indemnify and save harmless the City ofMyrtle Beach, its
representatives, employers and agents, from all claims, demands, actions, suits and ' '
Hkilities arisiug from the contwoor's own fault or negligence or through the negligence
Pr cult of the Murat of goods stjpplied by the cont�'ttctor. This obliSation shall
extend to sad include, idi litigation costa and reasonable attozaey fees incunvd by'dic City
inTmponse to such claims, demands, actions or liabilities, provided it is ultimately
deterxuined that such claims result from the conk is ormanuf'acturces fault or
nogligencc. •
17. The contractor shall not.assign or otharwiae transfer any of its revou ibilWes or
obliptions u>ader the contract to auty other person or entity %ithout prior written consent
of the City.
I a. When samples are required Mth a bid, they must baa submitted within ttveutyfour
(24) hoary, after-die bid opening to be considered.
19. Saazplea mubmittod will become lain prgpmty of the City. The entim cost of the
samples) shall be paid for by the bidder unless pa:eviow written azr=gements aremade -
with the City.
Pegg+ 4 of 10
6 'd cost, 8i*1 046
1000]
Bid-M-04002
dZT =Zo E0 OT 'Inr
i
10/29/03 10:00 FAX 316 794 8574 AMERI -KART GODDARD, KS.
{ -d
20. Any n=ufactui'enc Baines, trade names, brimd name, or'eatelog ntstnbers tzsea iu
` specifications are for the wmpose of describing and establishing general giiality levels.
SUCIJ REFERENCES AIZE.KOrT IN'T'ENDED TO BS RESTRICTIVE. Bide will be
considered for any brand'which meets the quality of the specific&o= listed for any item.
$idders are iequi to state exactly what.t7ae Land to #lu'nish; 0thu4vise, tluy shall be
required to fuffiish the items as specified.
BWon will submit, vAft their proposal, ds:a necessary to evaluate and deianvke the
quality of the items) they are bidding.
21. In the event that mafv.,Ws, aupplies, etc. am delivered whioh do iwt comply with
specifications and have not been approved by the Purchasing D ivisioa, the cen=ter,'
upazrnotif cation, shall immediately remove fr= the premisw any such materials,.
supplies, etc. and replace them w'ith,mateiials, supplies, etc. in M accordance ivith the
specifications.
ZZ_ payments shall be made to the contractor within thitiy (30) days of receipt of invoice
after inspection by and acceptance of the material, goods and/or service by an iuthozized
m7re3entative of the City.
23. It shall be understood that in all cases the te=z and conditions, as detailed in the
Spveiflcations, shall. supinede temss and couditioasy as deuUw -4 in the General
' Instructions. .
24. ' If this bid is for thu purchase of equipment, the bidder guaraatecs that the oquipment
off`mcd is stmdard new equipment, latest model or regular stool= product, with pasts
regularly used for the type of cqu4vcA it offered, also that ao attachment or pert bin limn
substituted or applied contrary to the manufacturer's recommendations and standard
pvwtices.-
25. Any dcviatioa from specifications must be noted in detail anti submitted in writing
with this bid proposal- Complete specifications should be attaclxed for any substitutions
.offded, or when' atnplifieatioas are desirable or necessary: The absence of a specification
deviatiori statement atA accompanying spudEeatiow will hold the biddw su=ietiy
accountabIc to the speciiieetions as mitten herein.
The specifications, as listed herein, repmmt our preference in material; however, we are
fully cogoiz�nt that no tvm pieces of comparable material are identical andrbr samc in
size, function, sand operation; and some of the sp=oons will not completely coincide
with ours as lisced. Please list your exceptions and cxglanations 3gwately. It is not our
intent to •write sperificabans for any prof act on wl ich only one pzoj�enent can submit a
bid.
Z005
Page 5 of I a Bid 903 -04002
0066 astir E }g AsaQ :tuci a-4 dzi .so E0 OI Inr
10/:9/01 10:01 F.U: 316 794 8574 AMERI -KURT GODDARD, KS. 0 006
'6. Anzy changes iq specidcations, after the puicbast ordcrlcoutraw^t has be= awardzd,
must-be with the writt.-a coaumt of the PurchaMing Division; othmroriso, the resparisibi"ry
for such' changes, shalt be with the v=dor.'
27. Bid pfoposals shall imlude'adeguata kochilies; latest primed specification: and
advertising litmiture deso6bing the predttct(s) aged in tveb a fshion as ti permit
reedy comparison wM tha gpecidearious• on an item by -item basis where aplulicable.
28. Unless odwiwise stated in the e'mist instructions section of this bid request, submit
one Mmplete Bid Package 'of this bid using the attached forms) for price.
29. Unless oftmwise stated in the special in tiflas station of this bid request
deliveries will be.acccpted duzing'the houts-between 9:00 AEI ltd 4:00 Pi1q�Monday.
tbrangh kriday, excluding Cily bolidays.
3o, The deliv$ry date as stmt-A in the bid proposal shall be the time r6quired to deliver tka
complete item(s) after tue receipt of tLe order -or award of the contract, whcm multiple
items appear on a bid requrs4 the bidd= shall; imisss.othmWiso SLAW by the City, show
de!ivay date for each item sapatately. If only a mingle delivery date is shown, it wilt be
=coned to mean that all iterns'incladed in the bid= and will be delivared on orbefom
the apcci$ed date. The biddar cmtifitm that the deliverywill be complattd. mMe time 'he
states, starting at the time the osdar is pl aced, provided tbat the time between the bid
open and tiro Placing of this ordar dots not exceed, the =nbex of days stipulated in his
bid proposal. The right im reserved to *ect $my bid on which the delivwj lime indicated
is considered si:ffi?ent to delay the operation for which-the commodity is intend«&
Sucee"fal bidders) will be responsible for makiiog and, ail claims against carriers far
mitsing'or damaged items.
31. 13. it pzicing over exTmded pliees unless cthezwisa stated isx &.e special
insflcuctiom section of this bid requost. All priom quoted should be Srm. In those oases
wtwe a firm bid cannot be made, consideration *ill still be giyen to all bidd --m Also;
nmximum or coiling prices should be quoted whew possible wbezi bids contain non -film
1xices.
32. Cash discounts, if allowed, should bee ao Stated oa the bid pmposal form. Priom ,
must,, however. be based uponpayment thiM (30) days a* delivery.
; do
3. Quesns a moeming the bid requirements or VwiEcations should be directed to.
F.G.l~anc�. Pi,Erch� '
Page 6 of 1.0
5 -d 9f►IP Eti6 xsda quo �j
Bid #03 -04002
dztcSO ED DT tnr
10�2 9`00`4 414Fr)1 016 784 $•5,-� „� IL E� I -KART GODDr1RD, KS, ,�- 121g07�_
SP=KCA"Oi S
It is the iateat of this —oaal to establish a bluket purc&fi ordarlhimd5fta eei2se
carts. This purcbm cider is'to be for a peaod of am (1) year with jm)o iovion fm an
additional year ptrnidori bath patties ag=.
The f'allowiu8 cam w;II. be vot g4vd;
l)' Reb;tHusky'Lite '
2) Sdmfer Modd LMD-B
3) Otto ,
Minimum 922 on '
J) Mobile reflue cuuWneais to hate ago m 95 g dit n cspw:iry..
z) Cana (mbinvt's) Ana to be da&blae wi& consautive seri »tubers embos"d
a� dm oraalaiaer
3) Fisch Gontafi= (cut) to harto as amboaasd City vEMyrcle Bea&'#W 011010 .front,
A•) Euah•caz't (adaftw) m have 12” mbber wbesla oa 718 soM 06ii axle.
5) N12M&CUM warranty on carts (00ntsiaers) A)t the (10) ycare}.
6) Coublu rr (rents) to be a univetsal eiesiga wi ich =bo uwd *i k both semi-
xt=atcd u.d auWmted mefi zo calkctiati vahialea.
7j ' Coutkfitars (cwW) to have U& '
8) •C•uts tolave roinforcad U* bar, ronftxted off'cotta[.,
Cares (coataincaa) are to be delivrxod,ia truckload quwxddm and ail'dil iywycasts are to
be included iA ood of =ts. Catty rosy otaiybe delivered on'lbiasdo',>�tw 8:04 AM
and 12:00 PM and nod= of delivayxaust be proavidcd zto ht= **a ih�Mmday before
the sclit-4uled drlivety.
The City uses ap5rondwa ).y 120D carts por yam' lwwevcrthis quwQztyt'AoWdbe
considered a reaaou bIwadmate, actual usage may ber mono or less.
Also, please incJvcte priciag ft the Vollo'oving zep] t parts.
wheels — 3pproAmaikly 4brty (84)
vdt can
Axles — approxdmaWy eighty (80) 8; `
qA Cwt
1Clipa fbr above mom S; A
' Goss
g•d
of 10
Sid 003 -04002
dEt e50 Cb 17X .Zni.' '
20/28/03 WED 06:1s tTX /R1 NO 97411
Pag�a $
1r�.= �L23__LQ:rt T 310 794 �,57A ��E�I -FURT GODDAn, KS. �U08
UY1 .'LU L1lJ:= I' . e:vv
'•4
• •• • . • , • • , ♦' . � 1 ' ,, 111 •I • • • �'�.• ,
4DIDm6wAL TmuAs AND GCJGI`i17MPNA 5 •,
1. �iclt�da whit. .70�m bid at i-sgt two rtfeemtss of sshWlar sass.iwrr, '� •pmvidod '
by your aemmy. T elcpit= Mbar =d pa"n to coctbd forbid
caaaaisimatioz<. . .. .. •,. ,
r • ', 11'S1r,
4It,
i )ncluda with your bid any waittm wat=ties MV 491j .
3. List my mcgdions m spapdca ioiw ;
Pags 9 Of IQ B: d 003 =- 040132, "
[.'d DOW? $** zi•sj xueij.d, del ;90 ED 01 •TnC,,'
10/29/03 WED 09.19 TTX /RX NO 9741)
10,!23 /03_1.Q: U2,,F11 316 791 X5,7,4, , ,,,V, I -KART GODDARD, K9. J1V L1UG lm009..
BM AND SIGNA7 tl$E DOCFJI "`
'. Bid Namber: 03'-04002 ,
The t nAmiswd, as b dikrr, dacUn that one have cxuob ed aft bid: eontwd '
hewn aad will com?tact, t6acoon, withthc Ckty oPlr$irtle�aach nfiaabd TO as
tho "Ci*m) to do evrnythiag=cwo uyPar &a. ft treat of diia ee +aeti we aurae aZ,y
adc w a rocdvod amp= of the bid dm==. (if ip p4ft 3a heiiaa ro)aiv*L
please place a zaro is the space.providiQ
We uadrrstaad that any fibe stdcm=to made to maet any XGw*cui*" =ay refit is .
couu act cawdledm et kWsdm of actiozl undo' kodand or Stde lav -ksr both. .
Butdmz.CoMtmyNwmc AdduvdaNmnbcnA6edvmd
ifyB uslum ber Day Toko me m iww • '"
Ulborize d Sip== T014laaave Xv=b m
7/6�1
Arltrted Nanas' 1>etc
Address
City dip
Alld if 03- •04002
Dace: My l4, 2,003
Page TO of 10
$'d DDK* a** E$la d$T =SD ED OI YnC,
10/29/03 WED 00:19 [T% /R'l. NO 97411
K F$7j 316 794 �JkZA 3`k)ff�I -KART GODDARD, XS.
CITY OF MYRTLE BEACH, SC.
Bid for Refuse Cont>ainanc -# 034XW2
Opening Date: July 14, 2003 at 3:00 PM
S AND EXCL?iPTtONS
The 'BOSS' refuse containers manufactured by the AMERI -KART Corp:;'at*'rotatlonerly- molded
with numerous premium features. The design parameters of the'80S91:'•' will meet virtually
all of the spec foations outlined in this bid request — even exceeding Ubi *,' pectftcations in some
very Important areas. Ple &we considerthe following oorr�memts and exoaOons (to the bid
specifications) when evaluating the AMERI -KART Corp. proposal,
!General — y_4 000 i1>Mucad,g to be considered'► �.
The Ameri -Kart Corp. 'BOSS' containers are Rotationally - molded for gmstirXtrength, more
years of useful life and will realet "tom out fronts."
4. Wheel Option — yarianes from joiMfieO 1]s
The AMERI -KART Corp. 'BOSS' karts are offered with a blow-molded wtzeei'that uses a
separate (non - integral) apscer.
ALSO, PLEASE NOTE: The
primary wheat offered by AMERI -KART Cam;; in responding to this
bid (specification number 4) Will be our q*cial "ma"re 'BMw- moided'�'J68l assembly, This
wheel aasernbly is especially easy to assernble, requiring no tools, and •vii inconvenience
when it becomes time to do assembly and distribution.
5. Warranty SuMort
Warranty and parts support for the AMIERI -KART Corp, 'BOSS" karte aOiftndled on a dirt
basis from the factory in Goddard, Kansas an4 thru our Distributor. Solid,Vf*Ae' Systems of
Benson, N.C, -1- 800 - 336 -KART f'
,r••
10/19/03 WED 09:19 ITX /1?X ern 97411
10/N/03 10:04 F�7 916 794 8�5 j r1�S PI-KART GODD.9RD, KS.
UC�r —;,= 1''.1 L ur. 1'1tJ rurc
• i�?Mp Odv+sion . �y, �, ,
43 L -'=S r: k4d
IVAMell-Kad
rp�. ko.e�x „-�
A MV.+lrdrlf4 07291,
Twr P?E) 7$1 -aS74
ANMRIKART COW
WAWLA YTY AGREEMENT
TIES ACrRMMWT, made in tr3gli = this
20�, by and betwe=
Ameri -Kart Corp.
433 Industrial Road
Goddard, Kansas 67052
' 1Wiri�1/IIfV"fiF\ II, '
AND: ?YlyrdoB=h, S.C.
WMESSEM: Mud the pmiir6 do h=ereby mutually a&= no tcrms, and
conditions, h=1U spaCiflsd AS foil*Wsl
1. DEFiN1 ON -'This w4'ady shall cover the Vandds Mb'WO,'RdLiSe Conudmrs,
,H,ch eos eis<t of the folkywing- cotnpomnts: Body, lid, fi me, whosii""'i e. W nil :tecssstm
hardware.
2. TUME P)✓Riob - This s gmmenj shall be for a peonci of TM(10)yem, however, shall
be ,valid for the original ovauer only. w'auaszty period to stUt from date Z^ deliver► as identified
by aerial =bcrs m imiividuai, omu nws-
3. VANS - Amen -Karl shall wwront =ap6mg lUU $om11ih'-M in narmsl and
regular use by the City or Buyer_ The City or Baler will replaot sa 4.o.wpo em pms damaged
through, us=, or City Buyer ncglig=wa , nccideaW daat uad*a, (nam'al wear and taw excepted),
4uy componcnt parts detet=cd snopamble dM to usage of int�arior MIMM [ais or 'fa3"lures due to
improper wvorkmnnship'win be replaced by Amai -Kart as follows:
jo yesr 1o0°l No a-pror2"a
10/29/03 WED 09:18 [TX/[U NO 87411
60/2A43. ] 0:0� F.qqX 316 784
r•,,�
85i4 �1 RI -K9RT GODDARD. KS.
17 L 1 I Y lN- I'lts
PAGE, 2
V`1.J JlV G14G, iuZi.�
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4. WRMIN NO'I�CE OF FAI LUp.E UNDER VIWARRA1'! W, :- Mw City or Buyer
altos to furnish, m wnting, to Am= K= =ports whkh reflect ea& zgwk, the udd m=bcc,
dace, the defect obsenve the z,epair w&de or ether disposition, Up" Pt qty, A,z'nesi -KKW may
a* cLu9'L =er to retm °Suspect"' p" ft 'teview,
5. AmMCSTRATION OF WAP ANIT � Compamut Pa 5',Vhich fhil during the
year shall be &m=ulwtd by the City or Buyee, dad patu xcpWced fra%;.'an OdWmg ePQm Pmu
supply maintained by the City or Buyer. It $te event The City or Buyer and ft V=dor disagee
regarding the zzason for future, a third patty 4wuld be amiewd to maJaMbe dcbMminatim his
detenni=m shall be bhuUn'S on both dies, and they Amn abide by hisidsadsian. This third
party procedure shall flat be used fbr isolated, ono4i= fames, but onlyla the event a major-
failure Uvnd develops. Expenses of •third partY ddmmimwWQn ahOU bG bonne by the party that is
datemiined to be liable four the nt placement.
IN WITNESS WHEREOF: 'Chic warrat9y executed tba day sari YMM fiat above written:
Ameri-
�v
BY.—Do BY.—DoA Eck
Title: d Nlmget 31 �, - '7 �I L1 ° •� 13
mvi INDOR"
CITY OF: MYRTLE BEACH
STATE OF: S.C.
by:
Title:
,r
TOTRL P.rJ'
10/29/03 WED 08:19 [TX /1U NO 97411
tvt Za:0a
SEP -09 -2003 1s 42
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CITY OF IM 1AlL MIVOICQS^n�rewxY0�fC1LI••.
R. 0. BOX 2469
kIVnTIr- RPACH. S.C. 29578 -2468
FiEO. NO. • •
s �4 tv of MyYtt�+a .Beam Warehouse• . ; � „� , ; ,
3231 Hr. Jo�;�t1te Ave. f
p Myrtle Beachyt Sc `10 i i
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PAQE OF lAnca
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The ALL NEW MegaKart IM
Designed for Durability,
T.Tersc ,t'ilh y v��c�, "os-1- effecC'- eness
The MegaKart'", designed and manufactured by Ameri -Kart, is the only injection molded, 96- gallon waste - handling cart that
can be stacked and transported with factory- installed lids and a rotating metal latch bar. The evolutionary design allows
them to nest in compact, space saving stacks for cost - effective shipping. Factory- installed parts eliminate up to 50 percent
of the usual cost of on -site preparation.
MegaKart's overall design and textured corners make it universally compatible with fully- automated and semi - automated
collection systems.
BENEFITS:
• Cost Effective: Competitively Factory Assembly: Cuts street -ready
priced. Designed for compact prep by up to 50%
shipping and storage
AAmed-Kart core.
A Myers In .., Ca dp
www.amedkart.com
• High Volume Availability: Injection -
molded technology for high
speed production
433 Industrial Road, Goddard, KS 67052 -0751 • 800- 533 -2475 • email: sales@amedkart.com
MegaKarf offers durability and hard working features
ANSI compliance: MegaKarf' meets all American National Standards Institute
(ANSI 2245.30 and Z245.00) requirements for safety and fluter system compatibility.
The MegaKart'" is molded of HDPE resin for exceptional durability that translates into a long, cost - effective life expectancy.
Container body resists damage from oil and most chemicals. Corners, lift points, hinges, axle fixtures, and handles are all
reinforced during the molding process for maximum strength without excessive additional weight or reduced maneuverability.
distribute weight evenly
during lift cycle
Dimensions:
Height: 46"
Width: 28"
Depth: 32"
110 0
Option:
Lids can be ordered with
patented latch feature to
restrict full opening to
110 degrees.
automated lift systems
AV
AM- lndus"!es Co-,
433 Industrial Road, Goddard, KS 67052 -0751 • email: sales@amerikart,com
For other waste handling products and systems, visit our website wvwv.amerikart.com
0 Ameri- Kart/Myers Industries, Inc. Form No. 002084 4 -02 2.5M
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: December 2, 2003 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: December 16, 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. Presentation(s) 7:00 p.m.
a) Social Worker Sandra Garcia, to present the Civil Citation
Program.
b) Parks & Recreation Director, Alan Ricke, to present awards to
the annual writing contest winners, sponsored by the Parks &
Recreation Department,
c) The Police Department to present the following Officers of
the Month: for July, August & September: Officer Samuel
Velez; and, for October: Officer Rita Asencio.
j
REGULAR CITY COMMISSION 1
AGENDA - December 2, 2003
i
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes November 4,`2003
2. City Manager's Report
3. City Attorney's Report
PUBLIC- REMARKS
(5- minute limit)
CONSENT
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE MIAMI -DADE COUNTY
DEPARTMENT OF HUMAN SERVICES FOR A GRANT IN THE AMOUNT
OF $17,000 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH
MIAMI SENIOR RESIDENTS; PROVIDING AN EFFECTIVE DATE.3 /5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE MIAMI -DADE COUNTY DEPT OF HUMAN SERVICES FOR A GRANT IN
THE AMOUNT OF $17,000 TO PROVIDE WEEKEND MEALS TO SO. MIAMI SENIOR
RESIDENTS)
(City Manager)
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CONSTRUCTION CATERING, INC.
IN THE AMOUNT OF $17,000 TO BE CHARGED TO GRANT ACCOUNT
NUMBER 001- 0000 -115 -7052, TO BE PAID FROM THE SOCIAL
SERVICES AND CRIME PREVENTION GRANT AWARDED BY THE
MIAMI -:DADE DEPARTMENT OF HUMAN SERVICES; PROVIDING FOR
AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CONSTRUCTION CATERING, INC. IN THE AMOUNT OF $17,000)
(City Manager)
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES FOR MULLER MINTZ, P.A., IN THE AMOUNT OF
$7,777.22 CHARGING $7,777.22 TO ACCOUNT NO. 1500 -514-
3440, OTHER CONTRACTUAL SERVICES CONSULTING LABOR
PROVIDING AN EFFECTIVE' DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR MULLER MINTZ, P.A. IN
THE AMOUNT OF $7,777.22).
(City Attorney)
REGULAR CITY COMMISSION 2
AGENDA December 2, 2003
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $23,010.94; CHARGING
$4,819.50 TO ACCOUNT NO. 1500- 514 - 3435,` REAL
PROPERTY /FORECLOSURE; CHARGING' $12,098.22 TO ACCOUNT
NO. 1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; AND
CHARGING $6,093.22 TO ACCOUNT NO. 1500 - 514 -3452, CODE
ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION -APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO P.A. IN THE AMOUNT OF $23,010.94).
(City Attorney)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES; APPROVING ATTORNEYS': FEES FOR LOTT & LEVINE IN
THE AMOUNT OF $1,065.20; CHARGING THE AMOUNT TO ACCOUNT
NO. 1500 - 514 -3435, CONTRACTUAL SERVICES, REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPROVING ATTORNEYS' FEES FOR LOTT & LEVINE IN THE
AMOUNT OF $1,065.20).
(City Attorney)
9. A RESOLUTION. OF THE MAYOR 'AND 'CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH MIAMI -DADE COUNTY FOR THE CONTROL OF POLLUTANT
DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER
SYSTEMS (MS4):, AS PART OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM' (NPDES) PERMIT NO.
FLS000003; PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH MIAMI -DADE' COUNTY FOR THE CONTROL OF
POLLUTANT rDISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER
SYSTEMS) .
(City Manager)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
(None)
RESOLUTION (S) /PUBLIC HEARING (S)
(None)
RESOLUTION (S)
(None)
REGULAR CITY COMMISSION 3
AGENDA — December 2, 2003
c -t v Asa' 'cs . .. 35' i., a', ff;"— ?Pi,�, .. ,i'.`i- •h.; ,:
ORDINANCE (S) FIRST READING (S)
(None)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2 1 (k) (2) OF
THE CODE ` OF 'ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO 'APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. -THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES _IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
J : \My Documents \agenda \12.02.03.doc
REGULAR CITY COMMISSION (}
AGENDA - December 2, 2003
-.. ...,"?.'.�...,...,.w.
l City of South Miami
2 Regular City Commission Minutes
3 November 4, 2003
4
5 CALL TO ORDER:
6
7 The City Commission of the City of South Miami, Florida met
8 in regular session on Tuesday, November 4, 2003, beginning at 7:
9 40 p.m., in the City Commission Chambers 61330 Sunset Drive.
10
11 A. Roll Call:
12 The following ;members of the City Commission were present:
13 Mayor Horace G. Feliu, Vice Mayor Mary Scott Russell and
14 Commissioners David D. Bethel, Randy G. Wiscombe and Dan McCrea.
15
16 Also in attendance were: City Manager Maria V. Davis, City
17 Attorney Luis Figueredo and Acting City Clerk Maria M. Menendez.
18
19 B. Invocation
20 Commissioner Bethel delivered the Invocation.
21
22 C. Pledge of Allegiance
23 The Pledge of Allegiance was recited in unison.
24
25 D. Presentation(s) 7:00 pm.
26 (none)
27
28 ITEMS (S) FOR THE 'COMMISSION'S CONSIDERATION:
29
30 1. Approval of Minutes
31
32 a. October 7, 2003
3.3
34 Commissioner McCrea requested that the minutes be amended to
35 reflect that the motion precedes the remarks
36
37 Moved by Vice Mayor Russell, seconded by Mayor Feliu, the
38 motion to approve the 'minutes as amended passed by a 5 -0 vote.
39
40 Commissioner Wiscombe: Yea
41 Vice Mayor Russell: Yea
42 Commissioner McCrea: Yea
43 Commissioner Bethel: Yea
44 Mayor Feliu: Yea
45
46
47
REGULAR CITY COMMISSION 1
MINUTES - November 4, 2003
1 2. City Manager's Report
2
3 a) Discussion pertaining to improving the format for
4 the public remarks portion of the City" Commission
5 meetings;
6
7 Ms. Davis explained that the reason for improving the
8 above - referenced format is to have a record of everyone
9 addressing the Commission, since in most occasions people
10 forget to print their names. Ms. Davis suggested that
11 speakers would sign prior to the meeting and then the Mayor
12 would call them in an orderly fashion during the public
13 remarks, or the public hearing portions of the meeting.
14
15 Mayor Feliu said that this is a good idea, and that he
16 had seen similar systems when attending meetings at the
17 County and also at the School Board.
18
19 Commissioner McCrea suggested that persons interested
20 in speaking at the meetings could notify the City Clerk by
21 5;00 p.m. on the day of the meeting, but that should not
22 preclude anyone from signing during the public remarks
23 session.
24
25 Vice Mayor Russell also agreed with the idea of having
26 an efficient system for speakers to sign, but that everyone
27 should be provided with an opportunity to speak'. The
28 important thing is to have a record of everyone speaking.
29
30 Commissioner Bethel stated that while attending the
31 County's and the School Board's meetings, he has observed
32 that they require that speakers sign up.
33
34 Commissioner Wiscombe stated that there should be a
35 distinction between persons wishing to speak during public
36 remarks and those wishing to speak during public hearings
37 where people should be allowed to address the Commission at
38 that particular' time, even if they could not sign prior to
39 the meeting.' Commissioner Wiscombe emphasized that the
40 public has the right to be heard.
41
42 Commissioner McCrea suggested another format change and
43 that is to add a "new business" category before the
44 commission remarks at the end of the meeting in order to
45 discus issues which in some cases may pertain to the
46 following meeting.
47
48 Vice Mayor Russell stated that the "new business"
49 category is a good idea, but that it should be for a short
50 period of time in order to avoid a prolonged meeting.
REGULAR CITY COMMISSION 2
MINUTES - November 4, 2003
l Mayor Feliu recommended that the change in the meeting
2 format to add the "new business category prior to the
3 commission remarks should be introduced in the form of a
4' resolution.
5
6 Mr. Figueredo' explained that there is no provision in
7 the Charter for changing the meeting format, but since other
8 changers have been done by resolution, then in order to be
9 consistent, this should be done by resolution as well.
10
11 b) Introduction of the new Executive Director of
12 Building, Zoning and Community Development, Mr. Michael
13 Sprovero
14
15 Ms Davis welcomed Mr. Michael Sprovero as the new Executive
16 Director of Building, Zoning and Community Development, who has
17 over twenty -five years of experience in construction, planning
18 and code enforcement."
19
20 Ms. Davis then updated the Commission on various subjects.
21 She started by referring to complaints` which she has received
22 pertaining to the safety of children crossing to and from school
23 at SW 67th _ Avenue and SW 64th Street. Ms. Davis stated that she
24 has met with the Public Works Director, Mr. Balogun, and. with
25 traffic engineers from the Miami -Dade County Public Works
26 department. She mentioned the photographs' of the bus bench,
27 which Ms Birt;s- Cooper brought up at the last meeting and which
28 were very helpful in demonstrating how dangerous that
29 intersection could be. The County is proposing to conduct a
30 turning movement and a volume count study for that intersection
31 to determine whether a right -turn lane or a'left -turn bay' would
32 be constructed. Vice Mayor Russell expressed concern on the
33 delay on the part of the County to address all the traffic
34 problems along SW 67th Avenue, adding that she would like to get
35 some timetable from the County and also wanted to make certain
36 that the City will not incur any expense for these County's
37 projects. Vice Mayor Russell added that something should be done
38 temporarily at the dangerous intersection referred above.
39
40 Ms. Davis also referred to the WASA project at SW' 59th
41 Place, between SW 62 "a and. SW` 64th Street, which has been an
42 ongoing concern. Ms. Davis stated that she was relying on her
43 request that a representative from the County would be here
44 tonight to address the Commission and the community on this issue
45 but they did not make it. Mr. Balogun stated that OCED has given
46 the contractor a deadline of November 30, 2003 to complete the
47 work, and Commissioner Wiscombe directed Mr. Balogun to obtain
48 this in writing. Commissioner Wi'scombe then referred to the
49 incomplete work at SW 67th Avenue and SW 80th Street, that nothing
50 has been done to deal with the curbing, drainage and flooding, as
REGULAR CITY COMMISSION 3
MINUTES - November 4, 2003
- _
-cam^ .eF, r,,
1 well as a number of other things which are a problem at that
2 intersection. The only thing that has been done is asphalt,
3 paving to make the rest of the project look pretty. Commissioner
4- Wiscombe requested that this issue is also formulated in writing
5 to the County.
6
7 Mr. Balogun referred to the downtown project which will not
8 be completed until October, 2004, . however, it will be on hold for
9 the holidays so that the work does not interfere with the traffic
10 flow during the busy season, recommencing on March 1, 2004. At
11 this time, the contractor has completed partial work on one
12 block, including underground utilities and sidewalk. The project
13 consists of the construction of the entire two blocks, SW 58th
14 Court and SW 58th Avenue; from SW 72 "d Street to SW' 73rd Street, and
15 both sides of the street will include widening of the sidewalks,
16 streetscape, landscape, on- street parallel parking, street
17 _ furniture and utilities:
18
19 Vice Mayor Russell recommended that some type of sign be
20 placed in the construction area informing the public that the
21 street project is not complete, that the construction has been
22 stopped so that it does not interfere with traffic flow and that
23 the construction will be resuming by March 1St 2004. Mr. Balogun
24` stated that his staff is working on that.
25
26 Mayor Feliu referred to petitions he received relating to
27 traffic calming at the intersection of SW 62"d Avenue and SW 84th
28 Street. Mr. Balogun explained that the 'referred intersection is
29 part of the Snapper Creek, area traffic calming project. The
30 County requires that the City conducts a traffic study and Mr.
31 Balogun will be following up on this. Mr. Balogun then mentioned
32 the Manor Lane and North -end traffic calming studies which have
33 been completed, the reports have been submitted to the County and
34 are presently being reviewed.
35
36 Commissioner McCrea then referred to the traffic problems at
37 SW 67t`' Avenue and SW 64th Street, and urged staff to check with
38 South Miami Middle School or Miami -Dade County Public Schools and
39 find out what happened with the crossing guards who do not seem
40 to be there anymore.
41
42
43
44
45
46
47
48
49
50
After there were no further comments or questions for the
City Manager this report concluded.
3. City Attorney's Report
(None)
REGULAR CITY COMMISSION 4
MINUTES - November 4, 2003
T
2 PUBLIC REMARKS
3 (5- minute limit)
4
5 Mr. David Tucker, Sr., spoke in philosophical terms relating
6 to the proposed ordinance to increase the salary of the City's
7 elected officials. Mr. Tucker stated that, in his opinion, the
8 City is not financially ready for the proposed increase.
9
10 Ms Fran Bohnsack addressed the Commission with positive
11 words about the City and expressed her wishes to become a
12 resident, of the City through the proposed annexation. Ms.
13 Bohnsack urged the Commission to vote in favor of the resolution
14 relating to hiring a` firm to develop and facilitate proper
15 communication for annexation efforts Ms. Bohnsack also spoke in
16 favor of two proposed ordinances on the ;agenda, one dealing with
17 setting guidelines to conduct candidate's debates, and the other
18 dealing with salary increase for the City's elected officials.
19
20 Ms. Yvonne Beckman referred to the proposal to improve the
21 format for the public remarks portion of the meetings stating
22 that the existing system works and should not be fixed, adding
23 that the right of the people to speak will be hampered by the
24 proposed reforms'. Ms. Beckman spoke in favor of the item
25 proposing debate guidelines, thanking Commissioner McCrea for the
26 initiative; however, she suggested that all the residents of
27 South Miami should participate in the forum. Ms. Beckman then
28 spoke in opposition of the item proposing salary increase for the
29 City's elected officials, presenting a comparison study she
30 conducted of salary earned by elected officials in surrounding
31 municipalities.
32
33 Mr. Craig Sherar stated that the format for public remarks
34 should remain the way it is'. Mr. Sherar also requested that the
35 City Commission agenda be placed on the web. Mr. Sherar spoke in
36 favor of the item relating to establishing guidelines for
37 conducting debates, but objects to media representation. In
38 reference to annexation, Mr,. Sherar spoke again about developing
39 a plan to ensure a successful process.
40
41 Mr. Michael Davidson spoke against the false alarm fee and
42 requested that the fee be revoked. In reference to the proposed
43 salary increase for our elected officials, Mr. Davidson suggested
44 that the amount of time each elected official spends on City
45 matters should be taken into account.
46
47 Mr. Dick Ward spoke in favor of the item relating to
48 establishing guideline's for conducting debates, with some
49 exceptions, such as leaving the City Manager out of the process.
50 Mr.. Ward also suggested that the debates should take place after
REGULAR CITY COMMISSION 5
MINUTES November 4, 2003
1 the qualification period is closed, to allow each candidate
2 running for office to have some input into the format. In
3 reference to the item _proposing an increase in salary for the
4 City's elected officials, Mr. Ward spoke in agreement, however,
5 he remarked that the time is not right due to the financial
6 problems that the City is experiencing. Mr. Ward stated that he
7 agrees with the increase in principle but that he does not agree
8 with the proposed amount. Finally, he spoke against any changes
9 to the public remarks format.
10
11 Mr. Jeff .Flannigan, representing Chamber South, spoke in
12 favor of the item relating to 'debate guidelines and urged the
13 Commission to support it Mayor` Fel'iu asked Mr. Flannigan
14 whether he would be willing` to sponsor a debate. Mr. Flannigan
15 stated that he would certainly be willing to coordinate a debate,
16 adding that the city hall would be the best venue for the event,
17 particularly with the availability of Channel 5.'
18
19 Commissioner Wiscombe expressed concern with people
20 sponsoring and contributing' to individuals' campaign at the same
21 time, creating a conflict of interest.
22
23 Ms. Marie Birts - Cooper referred to another dangerous
24 intersection for children crossing which is SW 64th Street and SW
25 65th Avenue. Ms. Birts- Cooper also stated that there is need for
26 placing trash cans in different' areas since are children eating
27 on their way to school leaving `litter behind. Ms. Birts- Cooper
28 said that a trash can is also needed at SW 64th Avenue and Church
29 Street'
30
31 Ms. Sharon McCain spoke in favor of the item proposing
32 guidelines for debates; however, they should include
33 participation of the residents of South 'Miami. In reference to
34 the item proposing increase in salary for the elected officials,
35 Ms. McCain' suggested that it should be on the ballot to allow the
36 residents to decide on the issue.
37
38 Mr. David Fry spoke harshly about how the Commission
39 conducts its meetings, urging Commissioners to do their job, and
40 to allow the manager to manage. Mr. Fry also said that the
41 elected officials are underpaid and that they should be paid more
42 appropriately.
43
44 Mr. Levy Kelly addressed the Commission conveying some
45 concerns from the community relating to the after- school program
46 where he said there is only one person at the present time, and
47 that is not sufficient to properly supervise the children. Mr.
48 Kelly urged the Commission to look into this problem in order to
49 get the program back on track. on a different subject, Mr. Kelly
50 referred to the problems.-with the sewer projects; he said he has
REGULAR CITY COMMISSION 6
MINUTES - November 4 2003
R. , „ —� 7
1 met with the contractor with no results and urged the Commission
2 to look into this issue as well.
3 Mr. Robert Morrison addressed the Commission to convey his
4 interest in sponsoring a debate -. Mr. Morrison who works for the
5 South _Miami Community News and also 'owns a media company, said he
6 is in the position to offer his expertise and resources as a
7 sponsor. Mr. Morrison is also a_ resident ,of South Miami.
8
9 Mr. Alan Rickie, director of Parks and Recreation, addressed
10 the Commission in reference to the after- school program problems
11 stating that he is 'working towards obtaining various grants and
12 assured the community that the City is actively working to remedy
13 the problems with the after school program. Commissioner Bethel
14 offered to volunteer his time until the problems are resolved.
15 Mr. Rickie added that staff is also in the process of hiring some
16 part -time personnel. Vice Mayor Russell noted that she had met
17 with Ms. Davis and Mr. Rickie earlier on this issue and that
18 staff is really making an effort to bring the after- school
19 program back on track and that her impression from her meeting
20 with staff is that they are working hard to not only bring the
21 program back but to make it even better than what it was.
22
23 Mr. Abel Rodriguez, owner of Bougainvillea Tavern, spoke
24 against outdoor seating fees imposed on private property, adding
25 that the occupational license fee should be sufficient.
26
27 Mr. Clark Cates spoke in opposition of the _proposed debate
28 guidelines and believes that it should be on a voluntary basis
29
30 Commissioner McCrea read two letters he received, which he
31 was asked to read into the record. The first letter was from Dr.
32 Dario Moreno, Director of the Metropolitan Center at Florida
33 International University, relating to the proposed. debate
34 ordinance- on the agenda. The second letter was from City of
35 Miami Commissioner Johnny Winton, relating to the commission
36 compensation ordinance also on the agenda.
37
38 Ms_ Davis then read a letter addressed to Mr. Youkilis from
39 Lynn Mayer, residing at 6790 SW 52nd Street. The purpose of the
40 Letter is to endorse the item on the agenda relating to hiring
41 firm to facilitate proper communication for annexation efforts.
42
43 Mayor Feliu indicated that proper communication during the
44 annexation process is vital so that people are not mislead as it
45 happened during the Snapper Creek annexation efforts.
46
47 After there were no further comments, the public remarks
48 were closed.
49
50
REGULAR CITY COMMISSION
MINUTES November 9, 2003
u,a .T^_- _ Tr'= rtp-�'�.., -,+z�. :r"s'`,'�'. -.: �F: ;°'',:'�'s�- 'i4"°"r �•:q�,?i<a.„ -' _ . e ,r,, .: "- !:_""'.',..°�9v;-�''. '7.��., ,"_°
1 CONSENT
2
3
RESOLUTION NO. 194 -03 -11744
4
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
6
FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN
7
KURZBAN WEINGER & TE'TZELI, P.A. IN THE AMOUNT OF
8
$976.31; CHARGING $976.31 TO ACCOUNT NO. 1500 - 514 -3450,
9
OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE
10
DATE. 3/5
11
(City Attorney)
12
13
RESOLUTION NO.. 195 -03 -11745
14
5.
A" RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
15
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
16
THE CITY MANAGER` TO EXECUTE AGREEMENT WITH T.J.
17
PAVEMENT CORP.' FOR BOAT LAUNCH RAMP (SW 65TH AVENUE &
18
SW 68TH STREET) IN AN AMOUNT OF $14,500 TO BE '`CHARGED
19`
TO STORM WATER TRUST FUND, CONTRACTUAL SERVICES AND
20
STREET & LANDSCAPING ACCOUNT NUMBERS 111 - 1730 - 541 -3450
21
& 001- 1730- 541 - 4640; PROVIDING AN EFFECTIVE DATE. 3/5
22
(City Manager)
23
24
RESOLUTION NO. 196 -03 -11746
25
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
26
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
27
THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J.
28
PAVEMENT CORP. FOR CHURCH STREET IMPROVEMENTS - PHASE I
29
CONSTRUCTION IN AN AMOUNT OF $123,232.50 TO BE CHARGED
30
TO MIAMI- DADE'COUNTY OFFICE OF COMMUNITY & ECONOMIC
31
DEVELOPMENT GRANT' ACCOUNT' NUMBER 001 -0000- 115 -7044;
32
PROVIDING FOR AN EFFECTIVE DATE. 3/5
33
(City Manager)
34
35
RESOLUTION NO. 197 -03 -11747
36
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
37
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
38
MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA
39
RESOURCE CONSERVATION- & DEVELOPMENT COUNCIL, INC.
40
(SFRC &D) FOR PROFESSIONAL :ENGINEERING & CONSTRUCTION
41
MANAGEMENT SERVICES,; TO I '' INCLUDE, CANAL SEDIMENT
42
TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS,
43
BIDDING AND CONSTRUCTION PHASE 'MANAGEMENT SERVICES FOR
44
THE BROAD CANAL IMPROVEMENTS (FEMA's PROJECT' NUMBERS
45
724 -0 & 125 -0, DISASTER # 1345,' P.A. ID 025-67550-00),
46
IN AN AMOUNT OF $165,000.100 TO BE CHARGED TO FLORIDA
47
EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345
REGULAR CITY COMMISSION 8
MINUTES - November 4, 2003
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8.
a
AND RELIEF FUNDING, ACCOUNT NUMBERS 110- 0000 -132 -2071
AND 110- 0000- 132 -2072; PROVIDING FOR AN EFFECTIVE DATE.
(City Manager) 3/5
RESOLUTION NO. 198 -03- 11748
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT
CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 'CONTRACT WITH T' J PAVEMENT
CORP. FOR AN AMOUNT OF $10,000 AND WITH DISBURSEMENT TO
COME FROM LOCAL OPTION GAS TAX TRUST FUND ACCOUNT
NUMBER 112- 1730 -541- 4640; PROVIDING AN EFFECTIVE DATE.
(City Manager) 3/5
RESOLUTION NO. 199-03-11749
A RESOLUTION OF 'THE MAYOR'' AND 'CITY <COMMISSION 'OF THE CITY OF
SOUTH MIAMI, FLORIDA,' RELATING TO THE CONTRACT CONCERNING SW
64TH STREET & SW 59TH PLACE MEDIAN LANDSCAPING IMPROVEMENTS
AND MAINTENANCE SERVICES, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH 'U.S.'. LAWNS FOR AN AMOUNT OF
$9,695 AND WITH DISBURSEMENT TO COME FROM PUBLIC WORKS
DEPARTMENT ACCOUNT NUMBERS 001- 1730- 541 -4625 AND 001 - 1730-
541 -3450; PROVIDING AN EFFECTIVE DATE. 3/5
(City Manager)'
RESOLUTION NO. 200 -03 -11750
10.A RESOLUTION OF THE MAYOR AND ''CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,' FLORIDA, AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO AUTOMATED SIDELOADING GARBAGE
TRUCKS TO BE PURCHASED FROM GENERAL GMC TRUCK SALES AND
SERVICES, INC., IN AN AMOUNT OF $310,766 TO BE CHARGED
TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE - TRUCKS
ACCOUNT NUMBER 001- 1720 - 534 - 4455;' PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(City Manager)
RESOLUTION NO. 201 -03- 11751
11. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $13,200
FROM THE FEDERAL FORFEITURE - LEASE /PURCHASE POLICE
VEHICLES ACCOUNT #615- 191 - 521 -4450, FOR VEHICLES USED
IN SPECIAL OPERATIONS AND INVESTIGATIONS BY THE POLICE
DEPARTMENT, AND PROVIDE FOR AN EFFECTIVE DATE 3/'5
(City Manager)
REGULAR CITY; COMMISSION 9
MINUTES - -- November 4, 2003
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RESOLUTION NO. 202 -03- 11752
12. A RESOLUTION OF THE MAYOR AND CITY - COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $8,943.00 FROM
CONTRACTUAL, SERVICES ACCOUNT NUMBER 001 -1910- 521 - 3450
TO AETHER SYSTEMS INC.,; FOR THE RENEWAL OF THE
2003/2004 SUPPORT /MAINTENANCE AGREEMENT FOR THE POLICE
DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE'. 3/5
(City Manager)'
RESOLUTION NO. 203 -03- 11753
13.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,_ FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,992.16
FROM OPERATING EQUIPMENT ACCOUNT NUMBER 001 - 1910 -521
6430 TO DELL COMPUTER CORPORATION, FOR THE PURCHASE OF
ONE (1) SERVER AND COMPUTER ACCESSORIES FOR THE POLICE
DEPARTMENT` AND PROVIDE FOR AN EFFECTIVE DATE 3/5
(City Manager)
RESOLUTION NO. 204 -03 -11754
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 AND
ASSOCIATES; FROM ACCOUNT NUMBER 001- 1315 - 513 -3450,
CONTRACTUAL SERVICES. 3/5,
(City Manager)
Moved by Commissioner Wiscombe, seconded by Vice Mayor
Russell and Commissioner Bethel, the motion to approve the
Consent Agenda passed by a 4 -0 vote. Commissioner Wiscombe:
Yea; Vice Mayor Russell: Yea; Commissioner McCrea: Out of room;
Commissioner Bethel: Yea; Mayor Feliu: Yea.
ORDINANCE' (S) SECOND READING PUBLIC HEARING (S)
ORDINANCE NO. 21 -03 -1805
15.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE
SCHEDULE AMENDING ORDINANCE 14 -90 -1454 AS AMENDED- BY
ORDINANCES 6- 92- 1501, 17- 92- 1512A, 10 -,95 -1583, 18 -99=
1692, 28 -00 -1730, 32 -01 -1763, AND 14 -02 -1782 IN ORDER
TO ADJUST' THE FEE FOR RESTAURANT OUTDOOR SEATING',
PROVIDING FOR SEVERABILITY,,ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(City Manager)
REGULAR CITY COMMISSION 10
MINUTES - November 4, 2003
,; a - . rt^ ..�•;. < �^,,- .: —,. .�,,�, z x „� , , ,�-�;s �°;a°�,:.r,� rte. ti- ..�- ,-2-,
1 Moved by Vice Mayor Russell, seconded by Commissioner
2 Wiscombe, to approve this item.
3
4 Mr. Youkilis explained that this ordinance has been amended
5 to reflect what was adopted by the Commission in 2001. At that
6 time the Commission adopted a motion that the outdoor restaurant
7` seating annual fee was to remain at $250. However, the
8 administration's recommendation of amending the annual fee to
9 $25 per seat per year was implemented, apparently due to an
10 oversight.
11
12 Vice Mayor Russell stated that it does not seem right to
13 charge, owners for the use of their private property. Mr.
14 Youkils explained that the land Development Code provides the
15 same regulations in this case for both private and public
16 properties, and indicated that the regulations pertaining to
17 outdoor seating were implemented at the time that the °Hometown
18 Plan was adopted around 1996.
19
20 Mayor Feliu concurred with Vice Mayor Russell, expressing
21 opposition as to charging owners for the use of their 'private
22 property.
23
24 Commissioner Wiscombe expressed a different point of view,
25 stating that $250 does not seem excessive taking into
26 consideration that outdoor dining, regardless of being on
27 private or public property, they impose a burden on the 'City by
28 having to clean after all the litter blown over on sidewalks and
29 streets, which in the end places a burden on the taxpayers.
30
31 At this time the item was opened for public hearing.
32
33 Ms. Yvonne Beckman referred to the importance of the follow -
34 up by the City on the outdoor dining liability insurance
35 renewals. Ms. Beckman said that $250 per year seems to be a
36 reasonable charge.
37
38 Mr. David Tucker,'Sr. stated that the outdoor dining in most
39 cases is a privilege granted by the City, therefore, it is
40 important that the City reminds those using public property that
41 they may use it, not abuse it.
42
43 Ms. Sharon McCain, spoke in favor of the proposed amendment
44 to the ordinance and urged staff to make sure that restaurants
45 keep their liability insurance up to date. Also, she said that
46 it is important to know how many seats they have, and that they
47 meet their parking' requirement.
48
49 Mr. Craig Sherar said that property owners are entitled to
50 use their property freely, and that if litter 'blows outside of
REGULAR CITY COMMISSION 1 1
MINUTES - November 4, 2003
1 their property, then it is up to Code Enforcement to enforce the
2 regulations.
3
4 Mr. Abel Rodriguez stated that he does not believe he should
5 be paying anything for the use of his private property.- He also
6 stated that he pays a permit and surcharge fee for trash every
7 month.
8
9 There being no further comments, the public hearing was
10 closed.
11
12 Mayor Feliu reiterated that he does not believe that
13 charging for the use of private property is right.
14
15 Vice Mayor Russell said to recall that the sidewalk
16 ordinance was adopted after 1998, therefore it,could not be part
17 of the Hometown Plan, asking staff for clarification on this
18 issue. Vice Mayor Russell reiterated that it is wrong to impose
19 a fee on someone's private property. Since everyone wants more
20 land and more setbacks, and the City encourages people not to
21 build to a maximum, she said to be a positive thing that these
22 owners want to extend their business outside the footprint of
23 their property; therefore it does not seem right to charge them
24 for using the outdoor environment. Furthermore, Vice Mayor
25 Russell stated that, unless the portion on the ordinance
26 pertaining to charging a fee on private property is taken out,
27 she would not support this ordinance.
28
29 Commissioner McCrea stated that the purpose of amending this
30 ordinance is only to correct the codification in order to
31 reflect what was adopted two years ago, and that he would
32 support it.
33
34 Commissioner Bethel spoke against charging anyone, for the
35 use of their private property and would not support it.
36
37 Mayor Feliu, also against the fee on private property,
38 concurred with Vice Mayor Russell that what the City really
39 needs is to give more incentive to this type of business using
40 the outdoor environment, which would reduce the footprint of the
41 establishment. We need more green space and less concrete, the
42 Mayor added.
43
44 Commissioner Wiscombe noted for clarification that the City
45 is not trying to target any particular type of business, but
46 that it is the nature of the restaurant business to create more
47 litter. Commissioner <Wiscombe said that $250 a year does not
48 seem excessive, when taking into consideration that the expense
49 of swiping and cleaning the sidewalks and streets would
REGULAR CITY COMMISSION 12
MINUTES - November 4, 2003
l otherwise be taken from the taxpayer's dollars and that would
2 not be fair to the residents.
3
4 Following the direction of the majority of the Commission to
5 exclude private property from the $250 annual fee, Mr. Youkilis
6 explained that the amendment could be reflected under the "LAND
7 USE APPLICATION FEES (H- 17')," by adding the words on public
8 property after the words "OUTDOOR SEATING." Then, the Land
9 Development Code will be amended accordingly through a public
10 hearing.
11
12 Moved by Vice Mayor- Russell, seconded by Mayor Feliu to
13 approve this item as amended, the motion passed by a 3 -2 vote
14
15 Commissioner Wiscombe: Nay
16 Vice Mayor Russell: Yea
17 Commissioner McCrea: Nay
18 Commissioner Bethel: Yea
19 Mayor Feliu: Yea
20
21
22 ORDINANCE NO. 22 -03 -1806
23 16.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE;
25 AMENDING 'SECTION 11 -21 (C) ; AND 11 -23 (A) OF THE CODE
26 OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF
27 COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE"
28 RESPECTIVELY, AMENDING SPECIAL PICK -UP SERVICES FOR
29 BULK TRASH; PROVIDING FOR SEVERABILITY, ORDINANCES IN
30 CONFLICT, AND AN EFFECTIVE DATE. 3/5
31 (City Manager)
32
33 Moved by Commissioner McCrea, seconded by Commissioner
34 Bethel to approve this item.
35
36 Ms. Davis explained that this ordinance is being amended in
37 order to remove the word "furniture" from its language, since
38 the furniture pick -up program has created several challenges.
39 As the result of the additional $50 fee per appliance that is
40 imposed, residents place furniture on the curbside and by the
41 time arrangements are made for pick -up, there are piles of
42 abandoned furniture throughout the City. If approved, furniture
43 will be picked up and disposed of as part of the regular trash
44 pickup at no additional cost to residents.
45
46 Mayor_ Feliu spoke in favor of the amendment adding that
47 people need to be accountable for their trash and that fees
48 should be collected only from those who have disregard for the
49 City.
50
REGULAR CITY COMMISSION 13
MINUTES - November 4, 2003
.. �r
1 Commissioner Bethel said that people does not seem to be
2 able to read since they keep ignoring the "no dumping signs."
3
4 Ms. Davis mentioned that during a staff meeting, the
5 problems relating to the "no dumping signs" being ignored came
6 up, and one of the suggestions had been to impose a $500 fine
7 to anyone who is caught dumping trash illegally, and to offer a
8 reward for anyone reporting it.
9
1,0 There being no further discussion, the motion to approve
11 this item ,passed by a 4 -0 vote.
12
13 Commissioner Wiscombe: Yea
14 Vice Mayor Russell Out of the room
15 Commissioner McCrea: Yea
16 Commissioner Bethel: Yea
17 Mayor Feliu: Yea
18
19
20 RESOLUTION (S) /PUBLIC HEARING (S)
21
22 (None)
23
24
25 RESOLUTION (S)
26
27 RESOLUTION NO. 205 -03 -11755
28 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY
30 MANAGER TO ISSUE NOTICES TO RESIDENTS ABOUT TREE
31 TRIMMING IN THE CITY SWALES; PROVIDING FOR AN EFFECTIVE
32 DATE. 3/5
33 (Mayor Feliu)
34
35 Moved' by Commissioner McCrea, seconded by Mayor Feliu and
36 Commissioner Wiscombe to approve this item.
37
38 Mayor Feliu explained that he has received some complaints
39 from residents about trees planted on the swale being trimmed
40 by the City without their knowledge, causing them a lot of
41 distress, since that after years of caring, they feel that
42 these trees belong to them and therefore they should be part of
43 the process. This resolution is just in an effort to be good
44 neighbors.
45
46 Commissioner McCrea stated that perhaps it would be better
47 to have the City Manager develop a tree ordinance which would
48 provide far better care for our trees- citywide, on public and
49 private property.
REGULAR CITY COMMISSION
MINUTES - November, 4, 2003
14
l
2 Ms. Davis said that although this measure will impose some
3 obligation on the part of the City, on the other hand, it will
4 avoid a lot of confusion, and she added that in the future she
5 would like to properly budget for tree maintenance and to have
6 staff properly trained for this purpose'.
7
8 Vice Mayor Russell concurred that this resolution is a good
9 idea.
10
11 There being no further discussion, the motion to approve
12 this item :passed by a 5 -0 vote,
13
14 Commissioner Wiscombe: Yea
15 Vice Mayor Russell Yea
16 Commissioner McCrea: Yea
17 Commissioner Bethel: Yea
18 Mayor Feliu: Yea
19
20
21 18. A RESOLUTION OF THE -MAYOR AND CITY COMMISSION OF THE
22 CITY OF SOUTH MIAMI, FLORIDA, IMPLEMENTING PROVISIONS
23 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY
24 APPROVING A PARKING LOT LEASE `BETWEEN ',BMS CORPORATION
25 AND WACHOVIA BANK WHEREBY WACHOVIA BANK WILL - 'PROVIDE
26 SIX PARKING SPACES TO BMS CORPORATION IN ORDER TO
27 SATISFY REQUIRED "PARKING FOR A USE LOCATED AT 5820 SW'
28 40' STREET; AND PROVIDING AN EFFECTIVE DATE. 3/5
29 (City Manager)'
30
31 Moved by Commissioner McCrea, seconded by Vice Mayor
32 Russell to approve this item.
33
34 Mr. Youkilis explained that this is the first time that a
35 document of this type comes before the Commission for approval.
36 The City Commission, at its meeting in June, 2003, granted
37 approval to modify Section 20- 4.4(F)(2) of the Land Development
38 Code, pertaining to off -site parking, to specify that the
39 executed legal document could be a "covenant, an easement, or a
40 long -term lease." applicant (BMS) is seeking approval to
41 lease six parking spaces from its neighbor, Wachovia Bank, in
42 order to satisfy the required parking for their business.
43
44 Mr. Figueredo stated that upon careful review of the lease
45 agreement he had found some inconsistency, explaining that even
46 though this is a'five -year lease, there is a sentence providing
47 that "each party shall have the right and option to terminate
48 this Lease upon thirty (30) days' written notice to the other,"
49 therefore, this is a thirty -day lease. Mr. Figueredo then said
REGULAR CITY COMMISSION
MINUTES — November 4, 2003
15
1 that the lease could be amended by adding "for cause," in order
2 to be terminated in thirty days:
3
4 Commissioner McCrea asked whether a five- year term would be
5 sufficient. Mr. Figuere.do explained -that the only problem would
6 be that this would set a _precedent for future leases, where
7 five years might not be sufficient in a particular case.
8
9 Then, it was the consensus of the Commission to defer this
10 item in order to allow staff to revise it further.
11
12 Moved by Commissioner McCrea, seconded by Commissioner
13 Wiscombe to defer this item, the motion passed by a 5 -0 vote.
14
15 Commissioner Wiscombe: Yea
16 Vice Mayor Russell: Yea
17 Commissioner McCrea Yea
18 Commissioner Bethel: Yea
19 Mayor Feliu: Yea
20
21 RESOLUTION NO-206-03-11756
22 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
24 MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
25 AGREEMENT WITH ADKINS AND ASSOCIATES,_ INC. TO DEVELOP
26 AND FACILITATE PROPER COMMUNICATION FOR ANNEXATION
27 EFFORTS IN AN AMOUNT NOT TO EXCEED $10,000, PROVIDING
28 AN EFFECTIVE DATE. 3/5
29 (City Manager)
30
31 Moved by Commissioner McCrea, seconded by Vice Mayor
32 Russell and Commissioner Bethel, to approve this item.
33
34 Ms. Davis explained that communication relating to
35 annexation efforts have most certainly room for improvement.
36 The City was unsuccessful in effectively annexing the Snapper
37 Creek area due to poor communication and misinformation during
38 the annexation process. The City needs to develop effective
39 planning and communication with the public and this requires the
40 assistance of a professional consulting firm to assist in
41 strategic planning and proper communication efforts. Ms. Davis
42 said she has received requests from residents of several
43 neighboring communities located in unincorporated Miami -Dade
44 County to be annexed by the City of South Miami, and that it is
45 important that the public receives the correct information in
46 order for them to form an educated opinion, instead of one that
47 is based on unfair tactics. For this reason, Ms. Davis said she
48 is recommending a firm that has assisted other comm unities in
49 successful annexation efforts. Adkins and Associates, Inc. have
REGULAR CITY COMMISSION 16
MINUTES November 4, 2003
1 worked throughout Florida in annexation efforts, particularly in
2 Broward County.
3
4 Mayor Feliu, speaking in favor of this resolution, noted
5 that the present annexation area in process is twice the size
6 of the Snapper Creek area and there are a lot of people who
7 have expressed their interest in becoming part of South Miami,
8 therefore, it is important that they receive the correct
9 information.
10
11 Vice Mayor Russell also spoke in favor of the resolution,
12 adding' that even the Snapper Creek annexation area was too
13 large for properly communicating' our message, therefore, the
14 City really needs assistance' with the annexation process,
15 noting also the importance of setting a 'cap at $10,000 for this
16 effort, and to try to keep the cost as low as possible.
17
18 Commissioner McCrea also spoke in favor of the resolution,
19 emphasizing the need of establishing a policy on annexation,
20 which will help the City in achieving its goal with all future
21 annexation projects.
22 .
23 Commissioner Bethel also spoke in favor of the resolution.
24
25 Commissioner Wiscombe had no comments
26
27 Mayor Feliu, also speaking in favor of the resolution,
28 mentioned another potential area which have expressed interest
29 in becoming part of the City of South Miami, between SW 57th
30 Avenue and SW 67th Avenue, and from Bird Road up to the canal.
31 Mayor Feliu concurred with Commissioner McCrea in the need to
32 have a policy on annexation in place, particularly' in terms of
33 boundaries.
34
35 There being no further discussion, the motion to approve
36 this item passed by a 5 -0 vote.
37
38 Commissioner Wiscombe: Yea
39 Vice Mayor Russell: Yea
40 Commissioner McCrea Yea
41 Commissioner Bethel: Yea
42 Mayor Feliu: Yea
43
4.4
45 Moved by Commissioner McCrea, seconded by Mayor Feliu to
46 substitute the following ordinance, the motion passed by a 5 -0
47 vote.
48
49 Commissioner Wiscombe: Yea
50 Vice Mayor Russell: Yea
REGULAR CITY COMMISSION 17
MINUTES November 4, 2003
--
1
Commissioner McCrea: Yea
2
Commissioner Bethel: Yea
3
Mayor Feliu: Yea
4
5
6
ORDINANCE (S) FIRST READING ,(S)
7
8
20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
9
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2004
10
GENERAL ELECTION FOR THE MAYOR AND CITY COMMISSIONERS
11
FOR GROUPS, II AND III AND UNEXPIRED TERM FOR
12
COMMISSIONER FOR GROUP IV; SCHEDULING THE DAY, PLACE
13
AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION
14
OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
15
APPROVING THE OFFICIAL BALLOT; PROVIDING FOR
16
NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES
17
I >N CONFLICT, AND AN EFFECTIVE DATE. 3/5
18
(Mayor Feliu)
19
20
Moved by Mayor Feliu, = seconded by Vice Mayor Russell and
21
Commissioner McCrea to approve this 'item.
22
23
Mayor Feliu indicated that this item is self - explanatory.
24
Then, with no further questions or discussion, the motion to
25
approve this item passed by a 5 -0 vote.
26
27
Commissioner Wiscombe: Yea
28
Vice Mayor Russell; Yea
29
Commissioner McCrea: Yea
30
Commissioner Bethel: Yea
31
Mayor Feliu: Yea
32
33
34
21. AN ORDINANCE' OF THE MAYOR AND CITY COMMISSION OF THE
35
CITY OF SOUTH` MIAMI, FLORIDA, RELATING TO ELECTIONS;
36
CREATING' ELECTION FORUM; PROVIDING GUIDELINES,;
37
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
38
AND AN EFFECTIVE DATE. (Deferred 10/21/03) 3/5
39
(Commissioner McCrea)
40
41
Moved by Commissioner McCrea, seconded by Vice Mayor
42
Russell and Commissioner Bethel to approve this item.
43
44
Commissioner McCrea explained that in his opinion, this
45
ordinance, as well as the following one, they both
46
fundamentally apply to good governance and to fortifying this
47
body, the City Commission, which then sets policies that affect
48
the City in every aspect. Commissioner McCrea then referred to
49
the three items which were discussed at the previous meeting
REGULAR CITY COMMISSION 18
MINUTES - November 4, 2003
1 such as: the first one, relating to various laws and Florida
2 Statues pertaining to having a debate in a public facility,
3 such as the commission chambers; the second, relating to mail
4 notification to the candidates; and, the third, relating to the
5 City Manager _being involved in the process. Commissioner
6 McCrea said he confirmed with the City Attorney that there is
7 no issue with conducting a debate in the commission chambers,
8 unless it is a bias debate. The ordinance will stipulate that
9 the sponsor will be in charge of the debate, thus, they will
10 take care of the mail notification'. Finally, the only job of
11 the City'Manager is to fire a mechanism and put the sponsor in
12' place The sponsor, then, will be responsible to be in
13 compliance' with the law.
14
15 Mayor Feliu said he is in favor of conducting debates;
16 however, he is not in favor of involving the City Manager in
17 the process at all.
18
19 Commissioner McCrea 'then referred to the importance of
20 selecting a venue, and he believes that the commission chambers
21 would be the most appropriate for being the one over which the
22 Commission has more control..
23
24 Commissioner Wiscombe indicated that the only instance in
25 which the commission chambers has been used for a forum in the
26 past is because all the candidates at the time were unopposed.
27
28 Mayor Feliu reiterated having a problem with involving the
29 City Manager even in the limited, defined role of facilitating
30 the forum. Vice Mayor Russell then asked the Mayor whom he
31 would suggest in place of the City Manager. Mayor Feliu then
32 mentioned Jeff Flannigan of Chamber South, and Robert Morrison,
33 who are willing to volunteer their service as sponsors as they
34 have stated here tonight.
35
36 Commission Wiscombe stated that the Commission should not
37 be setting the criteria for debates, and added that he concurs
38 with Mr. Cates, who spoke earlier on this issue during public
39 remarks, that each candidate should be able to freely choose a
40 sponsor and to conduct a debate as he or she decides.
41 Furthermore, the Commission should never jeopardize the City
42 Manager, Commission Wiscombe continued, and involving the City
43 Manager in the political process is totally wrong, and that the
44 Commission does not have the right to be making decisions for
45 people who have not even decided yet whether they are going to
46 run.
47
48 Commissioner McCrea said that this ordinance takes the
49 Commission out of the debate, and on the contrary, in the
50 absence of any such ordinance, this Commission is putting
REGULAR CITY COMMISSION 19
MINUTES - November 4, 2003
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1 itself in the business of debate. Commissioner McCrea said
2 that in the last three election cycles there have been no
3 debate whatsoever, and that constitutes a disservice to the
4 public.
5
6 Vice Mayor Russell then went over some of the comments
7 from the public in general, such as, that they want to hear
8 from the candidates in a forum; Yvonne Beckman wants that all
9 the residents participate in a debate; Craig Sherar is for a
10 debate; Dick Ward suggested that the debates should take place
11 after the qualifying period is closed, so that all the
12 candidates may participate, and that the city clerk will be the
13 appropriate person to notify everyone who has qualified; Jeff
14 Flannigan is willing to participate Sharon McCain is fine with
15 the debate. and likes the idea of a forum; Robert Morrison likes
16 the idea of a forum and is willing to help also; and finally,
17 the way the ordinance is written, it will not allow an empty
18 seat on the debate, which addresses Mr. Cates' concerns.
19
20 Moved by Commissioner Wiscombe, seconded by Mayor Feliu,
21 the 'motion to extend the meeting beyond 11 :00 p.m. passed by a
22 5 =0 vote.
23
24 Commissioner Wiscombe: Yea
25 Vice Mayor Russell: Yea
26 Commissioner McCrea Yea
27 Commissioner Bethel: Yea
28 Mayor Feliu;: Yea
29
30 Continuing with the discussion, Mayor Feliu said that there
31 is no need for an ordinance of this type in order to have a
32 debate. All that is needed is for the candidates to be willing
33 to have a debate, the ` commission chambers may be chosen as the
34 venue for the debate, and have it broadcast through Channel 5.
35 Mayor Feliu said he would be willing then to offer a video tape
36 of the debate,; free of charge, to all those who may not have
37 cable television. Vice Mayor Russell clarified that the public
38 library should have these tapes available for check out, as per
39 a resolution which was passed over a year ago.
40
41 Commissioner McCrea stated that notification to the
42 candidates should be the responsibility of the sponsor, not of
43 the city clerk since 'he/she is in charge of the elections and
44 it would constitute a conflict of interest. Mr. Figueredo said
45 he will look into that issue. Mayor Feliu concurred with
46 Commissioner McCrea that this should be the responsibility of
47 the sponsor. Mayor Feliu then thanked Commissioner McCrea for
4,8 initiating this type of discussion, and recommended to bring
49 this item back in the form of a resolution, clarifying all the
50 legal aspects involved. The discussion continued over the
REGULAR CITY COMMISSION
20
MINUTES - November 4, 2003
1 involvement of the City Manager in the process. Commissioner
2 Bethel was also of the opinion that the City Manager should not
3 be involved in the 'process
4
5 At this time Mayor Feliu started to call the question and
6 Commissioner McCrea raised a point of order. The City Attorney
7 said, per the Robert's Rule of Order,, that the Commissioner
8 should first yield the floor,: and then the Mayor may call the
9 question. There was some disagreement as to who `had ' the floor.
10
11 Mayor Feliu proceeded to call the question and Commissioner
12 McCrea said that calling the question should be done after the
13 di =scussion has been extinguished. Commissioner McCrea, then
14 again called a point of order.
15
16 Mayor Feliu called the question on whether the discussion
17 was closed, and the mot -ion failed by a 3 -2 vote.
18
19 Commissioner Wiscomb'e: Yea
20 Vice Mayor Russell: Nay
21 Commissioner McCrea: Nay
22 Commissioner Bethel Yea
23 Mayor Feliu: Yea
24
25 Moved by Vice Mayor Russell; seconded by Commissioner McCrea
26 to table this item, the motion passed by a 3 -2 vote.
27
28 Commissioner Wiscombe: Nay
29 Vice Mayor Russell: Yea
30 Commissioner McCrea: Yea
31 Commissioner Bethel: Yea
32 Mayor Feliu: Nay
33
34
35 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
36 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
37 SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF
38 ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS
39 AND MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN
40 COMMISSIONER COMPENSATION;, PROVIDING FOR SEVERABILITY,
41 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
42 (Commissioner McCrea)
43
44 Moved by Commissioner McCrea, seconded Vice Mayor Russell,
45 to approve this item.
46
47 Commissioner McCrea said that it would be beater to defer
48 this item at this time:
49
REGULAR CITY COMMISSION 21
MINUTES - November 4, 2003
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„T - 97
1 Moved by Commissioner McCrea, seconded by Mayor Feliu and
2 Vice Mayor Russell, the motion to defer this item passed by a
3 5 -0 vote.
4
5 Commissioner Wiscombe: Yea
6 Vice Mayor Russell -Yea
7 Commissioner McCrea Yea
8 Commissioner Bethel Yea
9 Mayor Feliu': Yea
10
11 COMMISSION REMARKS
12
13 Commissioner Wiscombe announced that the Farmer's Market
14 will begin Saturday, November 22, 2003 and it will be held at
15 City Hall.
16
17 Vice Mayor Russell said that the Farmer's Market is another
18 opportunity to be outdoors, just as with the Art's Festival last
19 week. She then thanked everyone for the effort put into this
20 evening, and said good night looking forward to the next meeting.
21
22 Commissioner McCrea referred to a youth empowerment summit
23 which he recently addressed, where they asked him to talk on
24 local, state and national forms of government. He told them that
25 democracy is a mess, but that is how it is supposed to be,
26 because if we want it to be tidy, then we would have a
27 totalitarian form of government.
28
29 Commissioner Bethel said that limitation on speaking should
30 be applied to the Commission and not only to the public.
31
32 Mayor, Feliu thanked everyone for the expression of sentiment
33 and prayers on his mother passing away. Also thanked Ms. Davis
34 for the successful picnic that the City recently held at Tropical
35 Park, adding that he had never seen so many employees show up at
36 this type of event. Mayor Feliu added that this is a tribute to
37 Ms. Davis for her hard work and for providing the kind of
38 leadership that the employees so desperately needed, and that the
39 City is in great shape thanks to her.
40
41 There being no further business to come before this Body,
42 the meeting adjourned at 11:45 P.M.
43 Approved
44
45 Attest
46 Horace G. Feliu
47 Mayor
48
49 Maria M. Menendez
50 Acting City Clerk
REGULAR CITY COMMISSION 22 -
MINUTES - November 4, 2003
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THE CITY OFSOUTH MIAMI
CIVIL CITATION PROGRAM
Program Success and
Results of Follow -Up Assessments
The Civil Citation Program has been renewed for another year beginning
July 1, 2003. The Department of Juvenile Justice was extremely impressed with
the city's efforts in running this program.
The purpose of this report is to show the positive outcome of this past
year's efforts. We are pleased to report that we surpassed the year's expected
participant of 70 children and closed the grant cycle with 80 participants.
Seventeen percent (17 %) of all participants referred to the program came
from the South Miami area. Twenty -one (21 %) of the participants carne from the
Target Areas, as defined by the State of Florida Department of Juvenile Justice
(see attached zip codes for Dade County). The remaining 62% of the participants
came from our neighboring cities of Coral Gables, the Village of Pinecrest and the
west Kendall area.
Our main efforts went solely towards helping: the children with
rehabilitation and counseling, setting positive role models, educating the
participants on the dangers of drugs, gangs, and crime, and fulfilling their
community hours, while teaching them the skills they need to remain crime -free.
To determine the success of our program we used the following Method:
During the first 2 -3 weeks of the Civil Citation Program, an assessment
form was provided to each participant, which posed questions intended to assess
the participant's ability to distinguish right from wrong and their judgement to
make appropriate decisions particularly in situations that are conducive to illegal
activities. Additional questions were asked to assess their attitudes about school
and their home life.
Approximately 6 months after completion of the program, the participant's
home was called and a follow -up assessment was performed with the parent or
guardian. Guardians were asked to rate their child's behavior at home, as well as
guardian
or parent any behavior problems or improvements in school. Lastly, the p g
was asked to describe their relationship with their child, and indicate whether the
child's behavior has improved or deteriorated after completion of the Civil
Citation Program.
1
In addition, former participants were ran through the National Crime
Computer System, and the Florida Crime Computer System to determine whether
or not they had acquired a criminal record since completion of the program.
After all follow -up assessments were completed for the first funding
period (January 2002 -3une 2002), data was compiled to determine the program's
impact on recidivism and the participant's behavior after completion. The data
indicated that the majority of the participants improved their behavior. A small
percentage of the participants, however, did return to crime and as a result are
dealing with more serious consequences.
The breakdown of data is as follows:
93% of the participants successfully completed the program.
85% of the participants who completed the program during the first funding
period remained the same or showed improvements in the areas of school and
home and demonstrated a clean criminal' record upon inquiry.
Only 15% returned to a lifestyle of crime and are now facing serious charges and
sentences.
Follow -up assessments were performed once again during the second
funding period of the Civil Citation Program (July 2002 -June 2003), six months
after completion of the program. A total of 52 out of the 69 participants who
have completed the program to date have been interviewed. Interestingly, not
one of the 52 had become repeat offenders. Behavior, both at school and home
improved or remained the same across the board.
The breakdown of data is as follows:
86 %' of the participants completed the program.
100 % of the participants who completed the program six months ago or more,
during the second funding cycle, have remained crime free.
None of the participants from this sample returned to a criminal lifestyle.
2
rte.: P��
In conclusion, our total recidivism rate to date is only three percent (3 %).
More follow -up will be necessary over the continuing months to reach a more
conclusive and accurate data.
Note: Only those participants who completed the program were factored into this
study. Those who were dismissed before completion, due to a violation in the
terms of the program were excluded from these figures.
3
'°"'i.. ,` 7 ' ' w::.,':
11/12/2003 16:12 3056541961 -
CIRCUIT XI
PVS PAGE 01
-bC _ Of 3-UU , T S
County. Z[pcode Charges Referrals Youth
Citrus
34448
168
104
34429
118
��
71
61
3445.2
131
82
60
34446
108
.
34453
120
66
Clay
32073
580
409
'273
32068
470
300
205
Collier
32043
243
162
105
34142
664-
257
34116
. 360
.416
263
176
34120
189
121
90
34112
163
120
83
Columbia
32055
504
290
32024
88
57
198
32025
108
57
45
4Q
Dade
32038
.87
52
45
46
33147
1566
1027
33142—
1167
785
496
33150,
838:
51a
327
33169.-
782
495
309
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61
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as17�
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339
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688
31
229
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Desoto
33168-
451
298
..
202
Dixie
34266'
299'
195
.130
32G80
109
48
35
Duval
32628.
32209
85
35
30
32210
1448
889
1033.
618
3 2254
841
659'
5818'
470
32218
751
538
343
32244
740
534'
39,4
32208
Q I� f�
672
332
287
32 .
32211
05
504
377
251.
Escambia
32505
1056
363
242
32507
507
699
475
411
32528
507
331
251
222
32514
489
296
159
w. 12/02
Page 50 of 85
2003 -04 Grant Packet
Deo)
1.
City of South Miami
Police Department
INTER - OFFICE MEMORANDUM
TO: Chief Orlando Martinez de Castro
FROM: Asst. Chief M. Mills
Sgt. R. Richardson
Sgt. R. Rodriguez
Jeanette Navarro
Off. R. Burchell
Det. M. Stroface
DATE: November 5, 2003
SUBJECT:' Officer of the Month
On Monday, November 3, 2003, this Award Committee convened " to consider
recommendations for Officer of the Month for July, August and September.
It was the unanimous decision of the Committee that Officer Samuel Velez be named
Officer of the Month for September, 2003.
During a 3 -month period, Off. Velez distinguished himself with his proactive efforts.
By proactively stopping and checking out suspicious persons in areas of concern, five (5)
arrests were made for narcotics violations. In one particular incident, close to $4,000 in
cash proceeds from drug sales was seized with a large amount of marijuana.
Off. Velez utilizes "Quality of Life" laws, such as Drinking in Public, to improve
conditions in the neighborhoods. By enforcing these seemingly minor laws or
ordinances, other positive results are realized. He also fulfills his traffic enforcement
responsibilities which finCher yield other positive results:
Examples of these other positive results are the 1 I arrest warrants, 40 traffic citations, 42
field interview reports, as well as the aforementioned drug arrests.
Officer Velez is well known for his "zero tolerance" policy as relates to crime in the
South Miami community. This sets a standard for other officers to emulate.
A+F ly w SAM �kri .'Y zi'
City of South Miami ,
Police Department
INTER - OFFICE MEMORANDUM
TO: Chief Orlando Martinez deC ro
FROM: Asst. Chief X Mills
Sgt. R Richardson
Sgt. R. Rodriguez
Of. A. Rechavarria
Det. M. Stroface
Ms. Jeanette Navarro, IELR. Director
DATE: November 13, 2003
SUBJECT: Officer of the Month - October, 2003
On this date, this Awards Committee convened to consider three (3)
recommendations for Officer of the Month for October, 2003.
It was our unanimous recommendation that Officer Asencio be awarded this honor. ,
During one particular incident, Officer Asencio responded to a call of an attempted
suicide. Upon her arrival, the reporter was in the parking lot stating that his
girlfriend was in an apartment under the influence of crack cocaine and threatening
suicide.
Using her professional training and compassion, Officer Asencio engaged the victim
in a dialogue and was able to persuade her to abandon her thoughts of suicide. She
was subsequently arrested for domestic battery on the reporter. It was later
revealed that there were several firearms and other weapons in the apartment and
the subject has a history of mental problems.
Fortunately, the potential danger to the victim, our officers and the public was
eliminated by the actions of Officer Asencio.
-2-
Also during the month, Officer Asencio successfully concluded a situation at South
Miami Market by arresting a person who had previously caused a disturbance and
had been warned not to trespass. Ia another incident, Officer Asencio arrived at a
local store to investigate a shoplifter in custody. While store security had seized the
stolen property from the shoplifter, Officer Asencio's been observation and proper
search procedures resulted in the discovery of additional stolen property concealed
in the subject's pants.
Officer Asencio is a nine -year veterans of the South Miami Police Department and is
one of the Department's distinguished D.A.R.E. instructors.
I/esw
Satrr� South M iatWi
had
• ,aWRPOMm •
192a ,.
P CITY OF SOUTH MIAMI
O RI'Q
INTER- OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor & Date: December 2, 2003
City Commission
From: Maria V. Davis �� Subject: Agenda Item #
City Manager Authorizing City anager to
Execute a Contract with
Miami -Dade County
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN SERVICES FOR A GRANT IN
THE AMOUNT OF $17,000 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH
MIAMI SENIOR RESIDENTS; PROVIDING AN EFFECTIVE DATE
BACKGROUND AND ANALYSIS
At the September 17, 2003 Board of County Commissioners Budget Hearing, the City of South
Miami was recommended to receive funding assistance from Miami -Dade County to provide
meals to seniors at the South Miami Senior Center. The funding recommendation was approved
by the Board of County Commissioners and the amount of $17,000 was included in the county's
FY 2003 -04 budget.
In order to receive the funding assistance,' the City is required to enter into a contract with the
Miami -Dade County Department of Human Services. Funding has been allocated through the
Social Services and Crime Prevention program.
The attached resolution would authorize the City Manager to execute a contract with the Miami-
Dade County Department of Human Services. The contract provides for the City of South
Miami to receive an amount not to exceed $17,000. All of the funding received from Miami-
Dade County will be used to pay a meal service to provide the ,meals and the delivery.
RECOMMENDATION
We recommend that the City Manager be authorized to execute a contract with the Miami -Dade
County Department of Human Services.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
5 CONTRACT WITH THE MIAMI -DADE COUNTY DEPARTMENT OF HUMAN
6 SERVICES FOR A GRANT IN THE AMOUNT OF $17,000 FOR THE PROVISION
7 OF WEEKEND MEALS FOR SOUTH MIAMI SENIOR RESIDENTS
8 PROVIDING AN EFFECTIVE DATE
9
10
11 WHEREAS, the City of South Miami' Parks and Recreation Department provides a variety of
12 recreational and social activities for its senior residents through the South Miami Senior Center; and
13
14 WHEREAS, the Senior Center provides a quality meal on a daily basis during the week to South
15 Miami senior residents; and
16
17 WHEREAS, the Parks and Recreation Department is desirous of providing additional meals for its
18 senior residents on the weekends; and
19
20 WHEREAS, Miami -Dade County is desirous of assisting the City of South Miami in providing
21 additional' meal service:
ervices.
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
24 OF THE CITY OF SOUTH MIAMI:
25
26 Section 1. That the City Manager is authorized to execute a contract with the Miami
27 Dade County Department of Human Services in an amount not to exceed $17,000 for the
28 provision of weekend meals for senior residents during the 2003 -2004 fiscal year.
29
30 Section 2. This resolution shall take effect immediately upon execution.
31
32
33
34 PASSED AND ADOPTED this day of , 2003.
35
36 ATTEST: APPROVED:
37
38
39 CITY CLERK MAYOR
40
41 Commission Vote:
42 READ AND APPROVED AS TO FORM: Mayor Feliu:
43 Vice Mayor Russell;
44 Commissioner' Bethel
45 Commissioner McCrea:
46 Commissioner Wiscombe:
47 CITY ATTORNEY
ter-
South Miami
krAnd
f
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDllM 2004
To: Honorable Mayor, Vice Mayor & Date: December 2, 2003
City Commission
From: Maria V. Davis Subject: Agenda Item #
City Manager Approval of Contract with
Construction Catering, Inc.
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH CONSTRUCTION CATERING, INC. IN THE AMOUNT
OF $17,000, TO BE CHARGED TO GRANT ACCOUNT NUMBER 001 - 0000 -115-
7052 TO BE PAID FROM THE SOCIAL SERVICES AND CRIME PREVENTION
GRANT AWARDED BY THE MIAMI -DADE DEPARTMENT OF HUMAN
SERVICES; PROVIDING FOR AN EFFECTIVE DATE:
BACKGROUND AND ANALYSIS
The City of South Miami has been awarded a grant from the Miami -Dade County Department of
Human Services to provide weekend meals to South Miami senior residents. In order; to provide
this service as efficiently and effectively as possible, it would be in the City's best interest to
contract with an experienced food catering service to prepare and deliver the meals.
The attached resolution would allow the City Manager to execute a contract with Construction
Catering, Inc., a qualified Miami -Dade County vendor (Dade County Bid No. 2365 - 2/01 =2). The
contract allows for Construction Catering to provide three meals per weekend to ; approximately
75 seniors per week. All of the funding received from Miami -Dade' County will be used to pay
Construction Catering to provide this meal delivery service.
RECOMMENDATION
We recommend that the City Manager be authorized to execute a contract with Construction
Catering for the provision and distribution of meals for senior residents on weekends.
¢n, , M77 'Tm
k.
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH ` MIAMI, FLORIDA, AUTHORIZING THE
5 CITY MANAGER TO EXECUTE AN AGREEMENT WITH
6 CONSTRUCTION CATERING, INC. IN THE AMOUNT OF $17,000
7 TO BE CHARGED TO GRANT ACCOUNT NUMBER 001- 0000 - 115 -
8 7052, TO BE PAID FROM THE SOCIAL SERVICES AND CRIME
9 PREVENTION GRANT AWARDED BY THE MIAMI -DADE
10 DEPARTMENT OF HUMAN SERVICES; PROVIDING FOR AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City of South Miami received a grant in the amount of $17,000 from the
14 Miami -Dade Department of Human Services for the purpose of providing meals to the seniors at
15 the South Miami Senior Center; and
16
17 WHEREAS, Construction Catering, Inc. is a Miami -Dade County approved vendor
18 which currently provides food service for several senior centers across the County; and
19
20 WHEREAS, Construction Catering, Inc. will provide the meal service for a lump sum fee
21 of $17,000
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI:
25
26 Section 1..... The City Manager is authorized to execute the contract with
27 Construction Catering, Inc. in the amount of $17,000 for the provision of meal service at
28 the South Miami Senior Center.
29
30 Section 2. This resolution shall take effect immediately upon execution.
31
32 PASSED AND ADOPTED this day of , 2003.
33
34 ATTEST: APPROVED:
35
36
37 CITY CLERK MAYOR
38
39 Commission Vote:
40 READ AND APPROVED AS TO FORM: Mayor Feliu:
41 Vice Mayor Russell:
42 Commissioner Bethel:
43 Commissioner McCrea:
44 Commissioner Wiscombe:
45 CITY ATTORNEY
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and city comm'.n Date: November 13, 2003
Cc: Maria U. Davis, city manager
Hakeem Oshikoya, finance director
From: Earl G. Gallop, city atto L ��" "e: Approval of Muller Mintz, P.A.
Invoice Totaling $7,777.22
REQUEST
Approval of payment of Muller Mintz, P.A. invoice numbered 29397 dated November 1,
2003 for $7,777.22, for services rendered in connection with labor issues.
BACKGROUND AND ANALYSIS
We requested Mr. James Crosland, Muller Mintz, P.A., to provide labor counsel services to
the city. The total billed to date is $14,200.35. I recommend approval of the invoice for
payment as the amount of fees and costs are reasonable and necessary.
RECOMMENDATION
Approve the resolution authorizing payment of the invoice,
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 ATTORNEYS' FEES FOR MULLER MINTZ, P.A., IN THE
7 AMOUNT OF $7,777.22; CHARGING $7,777.22 TO ACCOUNT
8 NO. 1500 -514- 3440, OTHER CONTRACTUAL SERVICES —
9 CONSULTING LABOR; PROVIDING AN EFFECTIVE DATE.
10
11
12 ` WHEREAS, the Mayor and City Commission of the City of South Miami
13 approved the retention of labor counsel James C. Crosland of Muller Mintz, P.A.
14 at the recommendation of the city attorney, to represent the city in addressing
15 threatened unfair labor practice claims and grievances in connection with budget
16 adjustments; and
17
18 WHEREAS, Muller Mintz submitted an invoice to the City for legal
19 services rendered, and costs advanced, for the period ending October 31, 2003, in
20 the amount of $7,777.22; and,
21
22 WHEREAS, the city attorney recommends payment of the attached invoice
23 as the amount of fees and costs are reasonable and necessary.
24
25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
27
28 Section 1. The invoice for attorneys' fees and costs received from
29 Muller Mintz, P.A. in the total amount of $7,777.22 are approved for payment and
30 charging the amount to account no. 1500- 514- 3440, Other Contractual Services -
31 Consulting Labor.
32
33 Section 2. This resolution shall take effect immediately upon approval.
34
35 PASSED AND ADOPTED this day of December, 2003.
36
37 ATTEST: APPROVED:
38
39
40 CITY CLERK MAYOR
41
42
Additions shown by underlining and deletions shown by evefstr-ih xg.
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
9
10 \ \02srvplaw \prolaw \Documents \0022\DAA20253.doc - Reso - Muller Mintz November 2003 statement
Page 2 of 2
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Muller Mintz, P.A. Req. No. 7, FY 2003 -04
Date: November 13, 2003
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Other Contractual Services -
1500- 514 -3440
$7,777.22
$7,777.22
Consulting Labor
TOTAL $7,777.22
Purchase Order No. Terms/Discount
I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above Material, Equipment, and Issuance of Purchase .Order
Or Service Is Essential And A Authorized
.Proper Request Against The
Codes Charge Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Head of Department Finance Department
City Manager ''
David V. Kornreich*
Marlene Quintana Morales* Of Counsel
Michael W. Casey, III*
David C. Miller
Kelly Cheary Sulzberger
James C. Crosland*
Jenna Rinehart Rassif*
James S. Bramnice
Debra M. Lubkin*
Ray C. Muller (1924 -1977)
Gordon D. Rogers*
Leslie Miller Tomczak
Herbert B. Mintz (1924 -1993)
D Carmen S. Johnson*
David A. Young
Joseph A. Caldwell (1923 -1996)
Jeffrey E. Mandel*
J. Michael Marshall
M_ T _ ^R NTZ Denise M. Ryder, Jr.* *
U � ,� ,t-+, Paul T, Rytler, Jr.
Erik a Nelson
Miguel A. Martinez
Benton N. Wood*
Suzan Jo
LABOR AND EMPLOYMENT ATTO'RNE'YS Board Certified in Labor and Employment Law
November 1, 2003
City of South Miami
c/o Nagin, Gallop
& Figueredo, P.A.
3225 Aviation Ave., Suite 301
Miami, 'Florida 33133
Attention: Earl G. Gallop, Esquire
Re: City of South Miami #252800
Invoice No. 29397
DATE DESCRIPTION
ATTY
HOURS
10/01/03 Telephone conference Davis /
JCC
0.30
OPEIU; part -time employees
10/03/03 Conference client, attend
JCC
2.40
negotiations / OPEIU
10/03/03 Telephone conference Casey /
JCC
0.3,0
AF SMCE
10/03/03 Review correspondence / GSA
JCC
0.20
issues
10/06/03 Legal research _/ elimination of
JCC
2 -.00
position, ;duty `to bargain, impact
bargaining issues
10/06/03 Review file / Benfield
JCC
3.30
10/07/03 Review file / Benfield
JCC
2.10
Please reply to Miami Office:
Muller Mintz, P.A.
Suite 3600 200 South Biscayne Boulevard Miami, Florida 33131 Miami 305 - 358 - 5500 Broward 954 -
522 -0393 Facsimile 305- 379 -3802
Suite 1525 - 255 South Orange Avenue Orlando, Florida 32801 Telephone 407- 843 -1400
Facsimile 407-843-1410
www.mullermintz.com
v
City of South Miami
November
1, 2003
Page 2
10/08/03
Review PERC certifications
JCC
0.40
10/08/03
Review files / Benfield-
JCC
2.60
10/08/03
Telephone cofnerence Anon /
JCC
0.40
AFSCME, OPEIU unit clarifications
10/16/03
Telephone conference Human
JCC
0.30
Resources (Jeanette)' / personnel
issues
10/17/03
Analyze light duty. issues
DMH
0.30
10/,17/03
Review documents / light duty
DMH
2.00
issue
10/17/03
Legal research / light duty
JCC
1.00
issues
10/17/03
Review documents / Benfield
JCC
1.30
10,/18/03
Review deposition transcripts,
JCC
1.60
related medical correspondence
10/220/03
Draft timeline / Fatool
DMH
1.50
10/20/03
Review documents and files /
DMH
3.00
Fatool
10/20/03
Analyze light duty issues /
DMH
0.60
Fatool
10/20/03
Telephone conference City counsel
DMH
0.30
Paltow / Fatool
10/20/03
Legal research / Fatool; ADA;
JCC
1.20
wokers' compensation retaliation
10/20/03
Review documents / Benfield
JCC
0.60
10/21/03
Analyze issues / Benfield
JCC
0.60
r
City of South Miami
November
1, 2003
Page 3
10/21/03
Analyze issues / Fatool
JCC
0.70
10/21/03
Review file / Benfield
DMH
2.10
10/21/03
Analyze Benfield and Fatool
DMH
0.60
issues
10/22/03
Conference with Davis, Martinez,
JCC
4.00
HR / miscellaneous employment
issues
10/22/03
Review light duty issues
DMH
0.50
10/24/03
Analyze issues / Fatool, Benfield
JCC
1.40
10/24/03
Telephone conference client
DMH
0.10
Boustis / arbitration award
10/24/03
Review arbitration award
DMH
0.40
10/24/03
Analyze leave issues / policies
DMH
0.50
needed
10/28/03
Update City policies
JMM
-0.50
SUMMARY OF SERVICES
-
HOURS ATTORNEY RATE
AMOUNT
26.7.0 JCC 185.00
4,939.50
11.90 DMH 185.00
2,201.50
0.50 JMM 185.00
92.50
TOTAL FEES
$ 7,233.50
DATE
EXPENSES
AMOUNT
no /nA /n-4 Tal Ar,1 r,,,A
0.36
City of South Miami
November 1,'2003
Page - 4
09/05/03
Telephone -
0.36
09/05/03
Telephone
0.90
09/19/03
Telephone
0.18
09/19/03
Telephone
0.18
09/19/03
Telephone
0.18
09/19/03
Telephone
0.18
09/19/03
Telephone
0.36
09/23/03
Telephone
0.18
09/24/03
Telephone
0.54
09/24/03
Telephone
0. -18
09/24/03
Telephone
0.36
09/24/03
Telephone
0.,18
09/24/03
Telephone
0.18
10/03/03
Photocopies
217.20
10/06/03
Photocopies
1.20
10/08/03
Photocopies
283.00
10/20/03
Photocopies
14.00
10/21/03
Photocopies
19.00
10/24/03
Photocopies
5.00
BUSINESSES THAT MAKE PAYMENTS TO ATTORNEYS
ARE REQUIRED TO REPORT PAYMENTS TO THE IRS.
OUR TAX ID NUMBER IS 59- 1448153
NIAGIN GALLOP FIGUEREDO P. A
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miarni, Florida 33133- 4741 Facsimile: (305)_854 -5351
November 13, 2003
Hakeem Oshikoya
Finance Director
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: STATEMENTS FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Oshikoya:
Enclosed are our statements for professional services rendered and for costs
advanced
for the period ending October 31, 2003, in the amount of $23,010.94, and requisition no. 6.
FY 2003 -04. i have tabulated the amounts currently due on each individual file as follows:
0022 -002 Reap Estate & Contracts
Prof 1 Services $
4,819.50
Statement No. 15086 dated 11/11103
Disbursements
0.00
Total Due
4,819.50
0022 -027 Bruce v. CSM
Prof 1 Services $
5,842.50
Statement No. 15087 dated 11/11103
Disbursements
250.72
Total Due
6,093.22
0022 =083 Planning Board
Prof 1 Services $
385.00
Statement No. 14961 dated W]
Disbursements
0.00
Total Due
385.00
0022 -101 Hampton Pre- Determination
Profl Services $
52.50
Statement No. 14963 dated 11/11103
Disbursements
0.00
Total' Due
52.50
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
November 13, 2003
Page 2 of 2
0022 -128 Maria S. Anduiza v. City of South Miami Prof l Services $ 3,167.50
Statement No. 15082 dated 11/11103 Disbursements 0.00
Total Due 3,167.50
0022 -129 Mark Richman Properties v. City of South Prof l Services $ 5,407.50
Miami Disbursements 3.00
Statement No. 14967 dated 11/11103 Total Due 5,410.50
0022 -136 Rosenbaum v. City of South Miami Prof l Services $ 280.00
Statement No. 14969 dated 11/11103 Disbursements 0.00
Total Due 280.00
0022 -137 Special Master Hearings Prof l Services $ 770.00
Statement No. 14970 dated 11/11103 Disbursements 0.00
Total Due 770.00
0022 -140 TK Promotions v. City of South Miami Prof l Services $ 1,745.00
Statement No. 14972 dated 11/11103 Disbursements 36.75
Total Due 1,781.75
0022 -142 Mohammed Abdulla v. City of South Miami Prof 1 Services $ 175.00
Statement No. 14974 dated 11/11103 Disbursements 75.97
Total Due 250.97
CURRENT TOTAL DUE $ 23,010.94
Do not hesitate to call one if you have any questions regarding these statements.
Very truly rs,
-/ Earl G. Gallop
EGGdaj
Enclosures
cc: Mayor and City Commission
,7 , is Ea..
Additions shown by underlining and deletions shown by everstr-iking.
1
RESOLUTION NO.
2
3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5
ATTORNEYS' FEES; APPROVING - ATTORNEYS' FEES FOR
6
NAG1N GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
7
$23,010.94; CHARGING $4,819.50 TO ACCOUNT NO 1500 -514-
8
3435, REAL PROPERTY/FORECLOSURE; CHARGING
9
$12,098.22 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL
10
SERVICES, NON - RETAINER; AND 'CHARGING $6,093.22 TO
11
ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT;
12
PROVIDING AN EFFECTIVE DATE.
13
14
WHEREAS, the City Commission of the City of South Miami approved
15
Resolution No. 99 -94 -9500, as 'amended by Resolution No. 217 -97- 10187,
16
authorizing payment of City Attorney non- retainer attorneys' fees and costs; and,
17
18
WHEREAS, Nagin Gallop, Figueredo, P.A., submitted invoices to the City
19
for legal services rendered, and costs advanced, for the period 'ending
20
October 31, 2003, in the amount of $23,010.94; and,
21
22
WHEREAS, the City Attorney recommends payment of the attached
23
invoices.
24
25
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28
Section 1. The invoices for attorneys' fees and costs received from
29
Nagin Gallop Figueredo, P.A., in the total amount of $23,010.94, are approved for
30
payment and charging $4,819.50 to account no, 1500 -514- 3435, real
3 i1
estate /foreclosure; charging $12,098.22 to account no. 1500 - 514- 3410, legal, non-
3
retainer; and charging $6,093.22 to account no. 1500.514 -3452, code enforcement.
33
34
Section 2. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by everstr-iking.
1
2
PASSED AND ADOPTED this
day of December, 2003.
3
4
ATTEST:
APPROVED:
5
6
7
CITY CLERK
MAYOR
8
9
10
COMMISSION VOTE:
11
READ AND APPROVED AS TO FORM:
Mayor Feliu:
12
Vice Mayor Russell:
13
Commissioner Wiscombe:
14
CITY ATTORNEY
Commissioner' Bethel:
15
Commissioner McCrea:
16
17
18
\ \02srvplaw \prolaw\ Documents \0022\DAJ\20240.doc - Reso - Nov 2003 non- retainer statements
19
20
21
22
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24
2S
26
27
2R
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 6, FY 2003 -04
Date: November 13, 2003
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Real Estate/Foreclosure
1500 -514 -3435
$4,819.50
$4,819.50
2
8
Legal, Non-Retainer
1500- 514 -3410
$12,098.22
$12,098.22
3
0
Forfeitures
608- 1910 -521 -3100
0
0
4
1
Code Enforcement,
1500 -514 -3452
$6,093.22 '
$6,093.22
TOTAL
$23,010.94
Purchase Order No. I Terms/Discount
CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO1'A.
Attorneys Fa Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile; (305) 854 -5351
November 11, 2003
Hakeem,Oshikoya
Matter ID: 0022 -002
Finance Director
Real Estate & Contracts
City of South Miami
6130 Sunset Drive
Statement No. 15086
City of South Miami, FL 33143
Amount
Hours
10/01/2003 EAB
Telephone conference with Ms. Maria Davis and Mr. Todd Wells 0.30
52.50
-
regarding Charter Cable /Atlantic purchase and coordinated
meeting date.
10/06/2003 EAB
Analysis of proposed Dante Fascell Tennis Center RFP for tennis 2.00
350.00
pro services, provided comments to public works director and
revised RFP and attachments.
1 0/0 712 00 3 EAB
Finalized revisions to tennis RFP and provided comments to Mr. 1.00
175.00
Alan Ricke.
10/08/2003 EAB
Analyzed Mr. Ricke's modifications to the tennis RFP; made 1.00
175.00
revisions to the draft agreement and provided additional comments
to Mr. Ricke on the RFP content and form.
10/14/2003 EAB
Began analysis of and revisions to CSM drug policy and 3.00
525.00
Transportation Employee Testing policy; and provided comments to
Ms. Jeanette Enrizo - Navarro regarding policy and revisions.
10/1512003 EAB
Telephone conference and e-mail conference with Ms. Navarro 2.70
'472.50
and Ms. Maria Davis regarding drug policy, and continued to
revise policy.
10/16/2003 EAB
Meeting with Ms. Davis regarding priority list of assignments, and 0.30
52.50
clarification of drug policy; and meeting with Ms. Navarro
regarding drug policy and proposed personnel policy.
10/17/2003 EAB
Attention to Atlantic Broadband issue and rescheduled meeting per 0.30
52.50
request of Mr. Wells.
10/2012003 EAB
Analyzed ch. 440, Fla. Stat., regarding drug policy and continued 7.00
1,225.00
to substantially revise proposed policy and commercial driver
policy:
10/22/2003 EAB
Attention to drug policy and forwarded copy to Ms. Davis. 0.40
70.00
10124/2003 EAB
Legal research on federal commercial driver's license drug testing; 3.00
525.00
and continued revision of drug policy in compliance with state and
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -002 Statement No.: 15086
Page: 2
federal law.
10/27/2003- EAB Legal research on and analyzed commercial driver's license (CDL) 6.00
1,050.00
drug policy established by DOT; and continued to draft the CDL
drug policy.
10128/2003 EAB Conducted research on cable franchise requirements and 0.60
105.00
negotiations.
10/30/2003 EAB Analysis of FCC filing by Atlantic Cable; telephone conference with 3.00
525.00
Ms. Davis; e-mail communication with Mr. Oshikoya and staff
regarding follow -up on Charter compliance with city franchise
ordinance; telephone conference with Mr. Wells, counsel for
Atlantic; attended f meeting with Mr. Wells, Atlantic representative,
and Mr. Gallop; telephone conference with Ms. Davis to provide
her update on discussions; and drafted e-mail communication to
city commission regarding results of meeting;
Total Professional Services
5,355.00
Discount:
- 535.50
Rate Summary
Eve A. Boutsis 30.60 hours at $175.00/hr 5,355.00
Total hours: 30.60
For Professional` Services
4,819.50
For Disbursements Incurred
0.00
Current Balance: `
4,819.50
Previous Balance:
15,907.78
Payments - Thank you
0.00
Total Due
I
20,727.28
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselor's
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya November 11, 2003
Matter ID: 0022 -003
Finance Director
City of South Miami Williamson Foreclosure
6130 Sunset Drive Statement No. 14957
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance:
0.00
Previous Balance: 492.00
Payments - Thank you 0.00
Total Due 492.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. 'Interest at a
rate of 1.5 %o'per month will be charged if payment is not received within 30 days.
surveillance; telephone conference with AC Feldman, and Sgt
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this inwice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPk-
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya
Matter ID: 0022 -027
Finance Director_
Bruce v. Code Enforcement
City of South Miami
6130 Sunset Drive
Statement No. 15087
City of South Miami, FL 33143
Amount
Hours
10/01/2003 EAB
Analyzed motion for rehearing; legal research on cases cited by 4.00
700.00
defendant in motion for rehearing; drafted letter to Mr. Lorenzen
regarding noncompliance vAth final declaratory judgment;; drafted
emergency motion due to noncompliance with final declaratory
judgment, and prepared exhibits to motion.
10/01/2003 JMP
Obtained copies of Mr. Lorenzen's motionslfiled with court but not 0.75
5.00
yet served upon city.
10/02/2003 EAB
Began legal research on issues raised in defendants motion for 3.50
612:50
rehearing; and finalized motion to enforce final declaratory
judgment; began breakdown and description of legal costs
associated with litigation; and continued to revise attorney's fees
motions and supporting affidavits for fees.
10/03/2003 EGG
Attention to deft's motion for rehearing and to city's motion for 0.50
87.50
attorney's fees.
10/03/2003 EAB
Analysis of research to support rehearing request; legal research 5.00
875.00
on and analysis of request for supplemental relief; analysis of Fla:
R. Civ. P. as related to rehearings and supplemental relief, and
analysis of case law cited 'by defendant; sheppardized citations to
cited cases and case law which distinguishes defendants
arguments in defendants' motion for rehearing.
10/06/2003 EAB
Legal research on Uniform Taxation of Costs; revised motion and 2.30
402.50
memorandum of law on costs; continued to revise affidavits to
support attorney's fees and costs; e-mail and telephone
conference with Mr. Struder regarding upcoming enforcement
hearing and compliance issues.
10/07/2003 EGG
Reviewed order denying motion for new trial and scheduling < 0.20
35.00
hearing on city's motion to enforce final judgment
10/07/2003 EAB
E -mail and telephone conference with Ms. Davis regarding - 1.00
175.00
surveillance; telephone conference with AC Feldman, and Sgt
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this inwice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -027 Statement No.: 15087
Page: 2
Ruben Rodriguez regarding surveillance; telephone conference
with Ms. Young regarding surveillance and non - compliance.
10/0812003
EAB Continued legal research on prevailing party attorney's fees award
3.00 525.00
and continued to draft affidavits and motion for fees.
10/09/2003
EAB Follow up with capt. Feldman on surveillance; meeting with det
1.40 245.00
Stroface and sgt Rodriguez regarding Bruce property; meeting
with Mr. Struder on code enforcement surveillance; continued legal
research on taxation of costs and revised motion, and
memorandum of law accordingly.
10/1012003
EAB Prepared for and attended hearing on enforcement of final
5.00 875.00
declaratory judgment
10/15/2003
EAB Completed legal costs research; finalized motion for attorney's
3.00 525.00
fees, costs; and accompanying affidavits.
10/16/2003
EAB Analysis of Florida law on fraudulent transfers, attachments,
1.00 175.00
garnishment, and' sufficiency of evidence; and drafted letter to Mr.
Lorenzen regarding knowledge of sale of 6800 SW 64th Street
10/117/2003
EAB Analysis of correspondence from Mr. Lorenzen.
0.20 35.00
10[ 20/2003
EGG Reviewed executed attorney's fee affidavit.
y'
0.50 87.50
10/20/2003
EAB Analyzed appellate rules regarding calculation of deadlines,
0.60 105.00
appropriate rule for citation, and drafted notice of appeal; and
finalized and filed motion for fees and costs.
10122/2003
EAB Prepared notice of scriveners error, notice of filing Mr. John-
0.40 70.00
Dellagloria's affidavit, and letter to Judge Lawrence King enclosing
complete motion for attorney's fees.
10/29/2003
EAB Attention to designation of transcripts and record on appeal.
0.70 122.50
10 %30/2003
EAB Drafted letter to Mr. Lorenzen regarding deposition request
0.40 70.00
drafted letter to Mr. Michael Spivack enclosing copies of motion for
attorney's' fees and costs in anticipation of deposition.
10/31/2003
EAB Analyzed, request for production, motion for stay and notice of
0.60 105.00
appeal filed by St Augustine Trust; drafted e-mail communication
to client regarding scope of production and deadlines; telephone
conference with Mr. Dellagloria regarding ,,deposition request, and
prepared letter to Mr. Dellagloria enclosing documents in
anticipation of deposition for his review.
Total Professional Services 5,842.50
Rate Summary
Earl G. Gallop 1.20 hours at $175.00/hr
210.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions; you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
3
Nagin Gallop
Figueredo P.A CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -027 Statement No.: 15087
Page: 3
Eve A. Boutsis 32.10 hours at $175.001hr 5,617.50
Jennifer M. Penichet 0.75 hours at $ 20.00 1hr 15.00
Total hours: 34.05
Expenses
Legalresearch 75.97
Mileage 6.75
Filing fee 50.00
Parking Charge 24.00
10/01/2003
Outside copy Job 15.00
10/23/2003
Court reporter 75.00
10130/2003
Certified Copy 4.00
Sub -total E)penses: 250.72
Payments
10/07/2003
Payment C442638 17,877.47
Sub -total Payments: 17,877.47
For Professional Services
5,842.50
For Disbursements incurred
250.72
Current Balance:
6,093.22
Previous Balance:
21;569.74
Payments - Thank you
17,877.47
Total Due
9,785.49
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you ha%e regarding this invoice. Interest at a rate of
1.5% per month will be charged d payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRMLEGED
NAGIN GALLOP FIGUEREDOPk
Attorneys £:Counselors
3225 Aviation Avenue, Suite 301 Mami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
No\entw 11, 2003
Hakeem Oshikcya Matter ID: 0022 -055
Finance Director Purchase of 7800 SW 59th
City of South Miami
6130 Sunset Dive Statement W. 14960
City of South Miami, FL 33143
For Professional Senates 0.00"
For Disbursernents Incurred 0.00
Current Balance: 0.00
Previous Balance: 52.50
Payments - Thank you 0.00
Total Due 52.50
To be properly credited, please indicate Statement' Numberon your remittance check.
Paynent is due upon receipt. Rease notify us within 10' days of receipt of arty questions you have regarding this invoice. Interest at a
rate of 1.5 % per month w in be charged if paynwd is not received within 30 days.
mom
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP&
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Mami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya Matter 1D: 0022 -083
Finance Director ` Planning 'Board
City of South Miam
6130 Sunset Drive Statement No. 14961
City of South Miami, FL 33143
Hours
Amount
10/06/2003 LRF Reviewed proposed amendments to Land Detidopment Code. 2.20
385.00
Total Professional Seneces
385.00
Rate Summary
Luis R Figueredo 2.20 hours at $175 00/hr 385.00
Total hours: 2.20
For Professional Services
385.00
For Disbursements Incurred
0.00
Current Balance:
385.00
Precious "Balance:
665.00
Payments - Thank you
0.00
Total Due
1,050.00
To be properly credited, please indicate Statement Number on your Tern ittance check.
Payrnh t is due upon receipt Please notify us within 10 days of receipt of ary questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged 9 paynmritis not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPP-
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Flcrida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem 0shikoya Matter ID: 0022 -095
Finance Director Lazaro D. Tabares EEOC
City of South Miami
6130 Sunset Dri\e' ` Statement No. 14962
City of South Miami, FL 33143
Payments ,
10/07/2003 Payment C1442638 75.17
Sub -total Payments: 75.17
For Professional Services 0.00
For Disbursements Incurred 0.00
"Giurent Balance: 0.00
Previous Balance: 120.17
Payments -thank you 75.17
Total Due 45.00
To be properly credited, please indicate Statement Number on your remittance check.
PaymN t is due upon receipt. Please notify us within 10 days of receipt of arty questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
r
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya
Matter ID: 0022 -128
Finance Director
Maria S. Anduiza v. City of
City of South Miami
6130 Sunset Drive
Statement No. 15082
City of South Miami, 'FL 33143
Hours Amount
10/17/2003 EAB
Legal research on summary judgment standard, and application of 1.40 245.00
public and private whistleblower actions.'
10/21/2003 EAB
Continued legal research in preparation for summary judgment 6.50 1,137.50
motion; and began drafting motion for summary judgment.
10/22/2003 EAB
Began to draft memorandum of law in support of city's motion for 6.00 1,050.00
summary judgment.
10/23/2003 EAB
Legal research on collateral estoppel, sufficiency of written notice 3.00 525.00
for whistle - blower action,; and drafted facts in support of city's
summary judgment motion.
10/28/2003 EAB
Attention to discovery follow -up requests by Mr. Dana Gallup; and 0.80 140.00
began compilation of discovery so as to coordinate document
review requested by Mr. Gallup.
10/29/2003 EAB
E -mail communications with city employees to coordinate their 0.40 70.00
depositions, availability and addressed document review request
by Mr. Gallup.
Total Professional Services 3,167.50
Rate Summary
Eve A. Boutsis 18.10 hours at$175.00 /hr 3,167.50
Total hours: 18.10
Payments
10/07/2003
Payment Ck#42638 272.25
Sub -total Payments: 272.25
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
-� - _ =
-
IMIM
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -128 Statement No.: 15082 Page: 2
For Professional Services 3,167.50
For Disbursements Incurred 0.00
Current Balance: 3,167.50
Previous Balance: 11,341.86
Payments Thank you 272.25
Total Due 14,237.11
To be properly credited, `please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of
1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors'
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305)
854 -5353 Facsimile: (305) 854 -5351
November
11, 2003
Hakeem Oshikoya
Matter ID:
0022 -129
Finance Director
Mark Richman Properties v. City
City of South Miami `
6130 Sunset Drive
Statement
No. 14967
City of South Miami, FL
33143'
Amount
Hours
10/06/2003 - LRF
Meeting with Ms. Davis to discuss MRP Proposal and Settlement
2.00
350.00
options.
10/07/2003 LRF
Prepared proposal to MRP for settlement; worked on financial
3.00
525.00
projections; and met with Ms. Davis.
10108/2003 LRF
Worked on financial Pro - forma.
2.00
350.00
10/0912003 LRF
Met with Mark Richman and teleconference with Ms. Davis.
1.20
210.00
10/10/2003 LRF
Teleconferences with Mr. McArdle.
1.10
192.50
10/14/2003 LRF
Met with Ms. Davis to discuss settlement options and financial
1.50
262.50
pro- formas.
10/15/2003 LRF
Teleconference with Ms. Davis; teleconference with Mark Richman
1.20
210.00
and George McArdle.
10/16/2003 LRF
Met with Ms. Davis, Mr. McArdle and Mark Richman.
2.00
350.00
10/17/2003 LRF
Researched bonding and ad valoram issues and applicability to
3.00
525.00
public financing and privately run projects utilizing public funds;
teleconference with Mr. McArdle regarding same.
10/20/2003 LRF
Exchanged draft settlement agreements with Mr. McArdle and
2.90
507.50
teleconference with Ms. Davis regarding` same:
10121/2003 LRF
Various teleconferences with Mr. McArdle regarding issues relating
2.80
490.00
to settlement an participated in attorney client session.
10/22/2003 LRF
Revised off-site parking affidavit and "teleconference with Mr.
0.80
140.00
Youkilis regarding same.
10/22/2003 LRF
Conferred with Mr. McArdle regarding status of meeting with
0.50
87.50
comm'n and settlement negotiations:
10/27/2003 LRF
Worked on financial pro formas analyzing MRP proposal.
4.00
700.00
1012812003 LRF
Research regarding taxing and finance issues relating to funding
2.90
507.50
public projects; reviewed case law and research; and finalized
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -129 Statement No.: 14967 Page: 2
financial numbers.
Total Professional Services 5,407.50
Rate Summary
Luis R. Figueredo 30.90 hours at $175.00/hr 5,407.50'
Total hours: 30.90
Expenses
Mileage 3.00
Sub -total Expenses: 3.00
Payments
10/07/2003 Payment Ck#42638 719.87
Sub -total Payments: 719.87
For Professional Services 5,407.50
For Disbursements Incurred 3.00
Current Balance: 5,410.50
Previous Balance: 6,763.37
Payments - Thank you 719.87
Total Due 11,454.00
To be properly credited, please indicate Statement Number on your remittance check.
i
.
n receipt. Please note us within 10 days of receipt of an questions you have regarding this invoice. Interest at a
Payment is due upo _ p, fy Y p Y Q Y 9. 9
rate of 1.5 % per month will be charged if payment is not received within 30 days.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 %o'per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305)
854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya
Matter ID: 0022 -136
Finance Director
Rosenbaum v. CSM
City of South Miami
6130 Sunset Drive
Statement No. 14969
City of South Miami, FL
33143
Amount
Hours
10/10/2003 EGG
Attention to case handling needs; prepared letter to Mr. Shubin 0.90
157.50
regarding city's procedures for determining if valid parking
agreement is effective at time of renewal of occupancy licenses;
reviewed new public records request and transmitted same to Mr.
Youkilis for handling.
10/15%2003 EGG
Telephone conference with Mr. Shubin and clarified response to 0.20
35.00
inquiry; reviewed letter from Mr. Shubin to judge cancelling hearing
on motion for judgment on pleadings.
10/21/2003 EGG
Reviewed documents assembled by Mr. Youkilis for recent public 0.50
87.50
records request regarding parking agreements and resolutions
approving reduced parking spaces at Amster property.
Total Professional Services
280.00
Rate Summary
Earl G. Gallop 1.60 hours at $175.00/hr 280.00
Total hours: 1.60
Payments
10/07/2003
Payment Ck#42638 327.00
Sub -total Payments: 327.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 %o'per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -136 Statement No.: 14969 Page: 2
For Professional Services 280.00
For Disbursements Incurred 0.00
Current Balance:
280.00
Previous Balance: 3,780.25
Payments - Thank you 327.00
Total Due 3,733.25
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received. within 30 days.
CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003'
Hakeem Oshikoya Matter ID: 0022 -137
Finance Director Special Master Hearings
City of South .Miami
6130 Sunset Drive Statement No. 14970
City of South iMiami, FL 33143
Hours Amount
10/16/2003 EAB Prepared for and attended special master hearings and pre- meeting 4.40 770.00
with staff to go over agenda.
Total Professional Services 770.00
Rate Summary
Eve A. Boutsis 4.40 hours at $175.00/hr 770.00
Total hours: 4.40
For Professional Services 770.00
For Disbursements Incurred 0.00
Current Balance:
770:00
Previous 'Balance: 700.00
Payments -Thank you 0.00
Total Due 1,470.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
I
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya Matter ID: 0022 -139
Finance Director Hampton v. City of South Miami,
City of South Miami
6130 Sunset Drive Statement No. 14971
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 52.50
Payments - Thank you 0.00
Total Due 52.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if' payment `is not received within 30 days.
I
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys Fa Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
November 11, 2003
Hakeem Oshikoya
Matter ID: 0022 -140
Finance Director
TK Promotions v. City of
South
City of South Miami
6130 Sunset Drive '
Statement No. 14972
City of South Miami, FL
33143
Amount
Hours
10/01/2003 EGG
Assembled' documents for Mr. Perikles, asst. State Attorney and 0.50
87.50
telephone conference with mayor Feliu.
10/01/2003 DAJ
Met with Mr. Gallop; telephone conferenced with John Perikles, 1.00
75.00
Asst. State Attorney; prepared package of evidence documents
and pleadings for Mr. Perikles; ,reviewed package with Mr. Gallop:
10/02/2003 DAJ
Finalized package for delivery to Mr. Perikles; drafted and finalized 0.50
37.50
transmittal' letter:
10/03/2003 JMP
Deliver package to State Attorney's office: 0.75
15.00
10108/2003 EGG
Attended settlement meeting with Mr. Aaronson, Mr. Benjamin; 3.00
525.00
Tony [manager], and mayor Feliu and Ms. Davis; prepared memo
regarding settlement points to opposing counsel; communicated
same to comm'n; Telephone conference with Mr. Rogow.
10109/2003 EGG
Reviewed, executed and filed motion for enlargement of time to file 0.40
70.00
scheduling, report;' telephone conference with Mr. Aaronson
regaridng prepareing draft settlement agreement.
10/20/2003 JMP'
Delivered package to Judge Gold at Federal Court. 0.75
15.00
10/20/2003 JMP
Filed Appeal at Circuit Court. 0.75
15.00
10/21/2003 EGG
Reviewed parking analysis. 0.20
35.00
10/21/2003 EGG
Preparing settlement agreement. 1.00
175.Q0
10121/2003 JMP
File Corrected Appeal at Circuit Court. 0.75
15.00
10/22/2003 JMP
Filed corrected` document at Circuit Court. 0.75
15.00
10/24/2003 EGG
Telephone conference with Mr. Aaronson regarding status of 0.20
35.00
settlement;
10/27/2003 EGG
Prepared draft settlement agreement; analyzed recent fed. 11th cir. 3.40
595.00
opinion regarding due process challenge in revocation of adult
entertainment establishement liquour license.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -140 Statement No.: 14972
Pager 2
10/30/2003 EGG Telephone conference with Mr. Aaronson regarding settlement 0.20
35.00
agreement.
Total Professional Services
1,745.00
Rate Summary
Earl G. Gallop 8.90 hours at $175.00/hr 1,557.50
Debra A. Jester 1.50 hours at $ 75.00 /hr 112.50
Jennifer M. Penichet 3.75 hours at $ 20.00 /hr, 75.00
Total hours: 14.15
Expenses
Parking Charge 21.75
Mileage 15.00
Sub -total Expenses: 36.75
Payments
10/07/2003 Payment ` Ck#42638 26,077.70
Sub -total Payments: 26,077.70
For Professional Services
1,745.00
For Disbursements Incurred
36.75
Current Balance:
1,781.75
Previous Balance:
39,779.89
Payments - Thank you
26,077.70
Total Due
15,483.94
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice.
Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP P.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 - 5351
November 11, 2003
Hakeem Oshikoya
Finance Director Matter ID: - 0022 -141
City of South Miami ` Gregory Feldman v. City of
6130 Sunset Drive Statement No. 14973
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements; Incurred 0.00
Current Balance: 0.00
Previous Balance: 735.00
Payments - Thank you 0.00
Total Due 735.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon; receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5 % per month will be charged if payment is not received within 30 days.
CITY OF SOUTH MIAMI
OINTER- OFFICE MEMORANDUM
To: Mayor and city comm'n Date: November 19, 2003
Maria Davis, city manager
Hakeem Oshikoya, finance director -
From: Earl G. Gallop, city att e e: October 2003 Invoices from
Lott & Levine -Title Exmninations
And Reports
Subject: Payment of $1,065.20 (Invoice No. 6562 of $539.60, and No. 6563 of $525.60,
dated October 21,'2003) to Lott& Levine for services rendered in the examination of titles
and reports for Tracts E and F, Marshall Williamson Park.
Discussion: At the city manager's request, the city attorney's office` coordinated through
Lott & Levine the examination of titles and reports to the city on properties in the Marshall
Williamson Park - Tract E and Tract F, identified respectively as 6109 —11 S.W. 66 Terrace,
Folio No. 09- 4025- 063 -0030, and 6121 S.W. 68 Street, Folio No. 09 -4025- 063 - 0040.
Recommendation: Approve the resolution authorizing payment of these invoices.
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
b ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR .
7 LOTT & LEVINE IN THE AMOUNT OF $1,065`.20; CHARGING
8 THE AMOUNT TO ACCOUNT NO. 1500- 514 -3435,
9 CONTRACTUAL SERVICES, REAL PROPERTY; PROVIDING
10 AN EFFECTIVE DATE.
I1
12
13 WHEREAS, at the city manager's request, the firm of Lott & Levine
14 conducted two examinations of title and reports on Tracts B and F of the Marshall
15 Williamson Park; and
16
17 WHEREAS; the city engaged the services of Mr. George Lott, of Lott &
18 Levine, to provide the title examination and report, and
19
20 WHEREAS, Lott & Levine submitted its invoices, dated October 21, 2003,
21 in the amounts of $539.60 (Tract E), and $525.60 (Tract F), combined totaling
22 $1,065.20, for services rendered and the city attorney reviewed and approved the
23 invoices. Copies of the invoices are attached to this resolution.
24
25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
27
28 Section 1. The invoices for attorneys' fees and costs received from Lott
29 & Levine totaling $1,065.20 are approved for payment and the amount is charged
30 to account no. 1500 -514 -3435.
31
32 Section 2. This resolution shall take effect immediately upon approval
33
34 PASSED AND ADOPTED this day of December 2, 2003.
35
36 ATTEST: APPROVED:
37
38
39 CITY CLERK MAYOR
40
41
42
Page 1 of 2
Additions shown by underlining and deletions shown by eves.
F
1
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
9
10
11
12
13
\ \02srvplaw \prolaw \Documents \0022 \DAJ\ 20330. doe - Reso - Lott & Levine October 2003 statements
Page 2 of 2
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Lott & Levine Req. No. 8 - FY - 2003 -04
Date: November 19, 2003
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
l
-Other Contractual Service,
1500- 514 -3435
$539.60
$539.60
Consulting - Real Property
2
1
$525.60
$525.60
TOTAL $1,065.20
Purchase Order No. I Terms/Discount
I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved
Above Material, Equipment, ` and Issuance of Purchase Order
Or Service Is Essential And A Authorized
Proper Request Against The
Codes Charge Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Head of Department Finance Department City Manager
— .,:�r.�°�z.. �-e= nay..,: -�s, <7'°`�+*":°� —"',?� 1.,3. ,�..,r '��3` �� :..._ _;;.,<...,.,�... �`�.;,; "^c?�,i`�4 s nz F c„ �� :n.,• rr 7im ,,; ,.�"'x.,,r�"°.ms4°��i
r �
LOTT & LEVINE
DADELAND CENTRE, SUITE 1014
9155 SOUTH- DADELAND BOULEVARD
MIAMI, FLORIDA 33156
CITY OF SOUTH MIAMI
EARL G. GALLOP, CITY ATTORNEY October 21, 2003
3225 AVIATION AVENUE Reference No. 6562
SUITE 301
MIAMI, FLORIDA, 33133
For Professional Services Concerning:
Matter Number: CITY4.03096 Title: MARSHALL WILLIAMSON PARK - TRACT E
6109 - 11 S.W. 66 TERRACE
FOLIO NO. 09- 4025 - 063 -0030
Hours
10/09/03 EXAMINATION OF TITLE AND REPORT TO
CLIENT. 1.50
Total Hours and Fees:. 1.50
$262.50
COSTS ADVANCED
Date Description-
Cost Amount
08/30/03 Disbursement to: ATTORNEY'S TITLE INSURANCE: PNID
SEARCHES
$14.00
10/19/03 Disbursement to: ATTORNEY'S TITLE INSURANCE': TITLE
SEARCH REPORT (9109 - 11 SW 66 TER)
$250.00
10/2:1/03 Disbursement to: NOW COURIER: TO 3225 AVIATION AVE, 10/9
$13.:10
Total Costs
$277.10
Matter Summary:
Total Fees:
$262.50
Total Cost:
$277.10
Sub -Total Current Fees and Costs:
$539.60
Amount Due:
$539.60
PAYMENT IS DUE ON OR .BEFORE NOVEMBER 10, 2003.
PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE.
THANK YOU.
��^S'I.^,�-
LOTT & LEVIlNE
DADELAND CENTRE, SUITE 1014
9155 SOUTH DADELAND BOULEVARD
MIAMI, FLORIDA 33156
CITY OF SOUTH MIAMI
EARL G. GALLOP, CITY ATTORNEY October 21, '2003
3225 AVIATION AVENUE Reference No. 6563
SUITE 301
MIAMI,, FLORIDA, 33133
For Professional Services Concerning:
Matter Number: CITY4.03096.1 Title: 6121 S.W. 68 STREET (TRACT F)
FOLIO NO. 094025-063-0040
Hours
10/10/03 EXAMINATION OF TITLE AND REPORT TO
CLIENT. 1.50
Total Hours and Fees: 1,50
COSTS ADVANCED
- $262.50
Date Description Cost Amount
10119/03 Disbursement to ATTORNEY'S TITLE INSURANCE: TITLE
SEARCH REPORT (6121 SW 68 ST) $250.00
10/21/03 Disbursement to: NOW COURIER: TO 3225 AVIATION AVE,
10/10 $13.10
Total Costs: $263.10
Matter Summary
Total Fees: $262.50
Total Cost: $263.10
Sub -Total Current Fees and Costs: $525,60
Amount Due: $525.60
PAYMENT 1S DUE ON OR BEFORE NOVEMBER "10, 2003.
PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE.
THANK YOU.
CITY OF SOUTH MIAMI
Inter- office Memorandum
TO: Honorable Mayor, Vice Mayor DATE: December 2, 2003
& City Commission
FROM: Maria V. Davis �5 AGENDA ITEM No.
City Manager RE: Authorizing the City Manager to
execute an interlocal agreement with Miami -
Dade County:
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER
TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY
FOR THE CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL
SEPARATE STORM SEWER SYSTEMS (MS4), AS PART OF THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT NO.
FLS000003; PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS
The City of South Miami is one of twenty-five cities named in NPDES Permit No.
FLS000003, as Co- Permittees in Miami -Dade County. As authorized by the Clean Water
Act, the NPDES permit program controls water pollution by regulating point source that
discharge pollutants into waters of the United States. Point sources are discrete
conveyances such as pipes or man -made ditches. Municipalities must obtain permits if
their discharges go directly to surface waters. In accordance with 40 CFR
122.26(d)(2)(i)(D), this agreement will set forth the relationships of all co- permittees and
the County with respect to shared responsibilities in the identification and control of
discharges from one municipal separate storm sewer system to another.
RECOMMENDATION
It is recommended that the City Commission approve the resolution.
Attachments:
❑ Resolution
❑ Copy of proposed Interlocal Agreement
x+. ,,.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH MIAMI -DADE COUNTY FOR THE CONTROL OF POLLUTANT DISCHARGES - BETWEEN
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4), AS PART OF THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM ( NPDES) PERMIT NO. FLS000003; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of South Miami is named in NPDES Permit No. FLS000003 as Co- Permittee,
and
WHEREAS, 40 _ CFR 122.26(d)(2)(i)(D) requires , control of pollutants through interlocal
agreements, making each NPDES co- permittee responsible for discharges from their municipal separate
storm sewer system to the municipal separate storm sewer system of another NPDES co- permittee or to
the waters of the United States, and;
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the interlocal
agreement with Miami -Dade County for the control of pollutant discharges between MS4.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized' to execute an interlocal agreement with Miami -Dade
for the control of pollutant discharges between municipal separate storm sewer systems, as part of
the National Pollutant Discharge Elimination System Permit No. FLS000003.
Section 2. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2003.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
INTERLOCAL AGREEMENT BETWEEN
CO- PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT NO. FLS000003-
PROVIDING FOR CONTROL OF
POLLUTANT DISCHARGES BETWEEN
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS
This Interlocal Agreement ( "Agreement ") is made and entered into this day of
by and between all co- permittees named in Permit No. FLS000003,
Authorization to Discharge under the National Pollutant Discharge System, to provide for
control of discharges from any and all municipal separate storm sewer systems that may
be shared by any of the parties to this Agreement, as required by the Environmental
Protection Agency [hereinafter referred to as the "EPA "] National Pollutant Discharge
Elimination System [hereinafter referred to as "NPDES "] Permit Application Regulations
for Storm Water Discharges; Final Rule [hereinafter referred to as "NPDES Final Rule "].
Section I
Defmitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document,'' including any written amendments thereto,
and other written documents or parts thereof which are expressly incorporated herein by
reference.
CITY or CITIES shall mean the following municipalities named in NPDES Permit No.
FLS000003' as Co- Permittees:`Town' of Bay Harbor Islands, Bal Harbour Village, City of
Coral Gables, Indian Creek Village, City of North Bay Village, City of Miami Beach,
City of North Miami Beach, Miami Shores Village, City of North Miami, Town of
Golden Beach, Village of El Portal, City of Aventura, City of Sunny Isles Beach, Town
of Surfside, City of West Miami, City of South Miami, City of Homestead, City of Opa-
Locka, Village of Pinecrest, Town of Medley, City of Miami Springs, Village of Key
Biscayne, the City of Hialeah Gardens, Town of ;Miami Lakes, and Village of Palmetto
Bay.
COUNTY shall mean Miami -Dade County.
FDOT DISTRICT shall mean the Florida Department of Transportation, District VI.
FDOT TURNPIKE shall mean the Florida Department of Transportation, Turnpike
District.
FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire,
explosion, hurricane, flood or similar occurrence, strike, an act of "a public enemy, or
blockade, insurrection, riot, general arrest or restraint of government and people, civil
„ .� 4 ;.,.; 'F. 1.= ;"�„r.` S'siii'n .�.,;. �%+ r3'^°..8W11..w`=,3FF`; 3,8— C
disturbance or similar occurrence, which has had or may reasonably be expected to have
a material adverse effect on the rights or obligations under this Agreement.
MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26.
In all other instances, terms used in this Agreement shall have the definitions contained in
the EPA NPDES 'Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "B "), as may be
amended from time to time and incorporated herein by reference.
Section II
Term of Agreement
The term of this Agreement shall commence upon the date of execution by the COUNTY
and shall remain in effect until November 16, 2005. This agreement may be extended for
multiple five(5) year terms, up to a maximum of twenty- five(25) years, upon adoption of
the co- permitees of a resolution approving said extension and by a for
MOT DISTRICT and FDOT TURNPIKE.
Section III
Purpose
40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements,
making each NPDES co- permittee responsible for discharges from their municipal
separate storm sewer system to the municipal separate storm sewer system of another
NPDES co- permittee or to the waters of the United States. This Agreement will set forth
the relationships of the CITIES, FDOT DISTRICT and FDOT TURNPIKE,; and the
COUNTY with respect to shared responsibilities in the identification and control of
discharges from one municipal` separate storm sewer system to another.
Section IV
General Responsibilities
Responsibility for Discharges The CITIES, COUNTY, FDOT DISTRICT and
FDOT TURNPIKE, as co- permittees on the NPDES MS4 Permit, shall each be
responsible for the control, investigation of and remedial activities relating to discharges
of pollutants from within their respective' boundaries to the municipal separate storm
sewer system of another NPDES MS4 co- permittee, pursuant to the requirements of
40CFR 122.26(d)(2)(i)(D)
Identification of Discharges The CITIES, COUNTY, FDOT DISTRICT and FDOT
TURNPIKE whose systems generate the pollutant discharge and are impacted by the
discharge agree to cooperate by providing the staff and 'equipment necessary to identify.
the source of pollutant discharges emanating from the separate storm sewer system of one
co- permittee to the separate storm sewer system of another co- permittee.
Notification When pollutant discharges to a - shared separate storm sewer system are
documented, the CITIES, MOT DISTRICT, MOT TURNPIKE and COUNTY
which are the source of the discharge agree to report said discharges to the other affected
parties sharing the MS4. The COUNTY will assist, as needed, in any investigation and
identification of a source of the discharge. If the COUNTY documents a discharge in the
separate storm sewer system of a CITY, FDOT DISTRICT, FDOT TURNPIKE or the
COUNTY, the COUNTY will investigate the source of the discharge and report its
findings to the affected NPDES co- permittees. Where an investigation specifically
identifies an NPDES co- permittee as the source of a pollutant discharge, that co-
permittee shall be responsible for ceasing the discharge and remediating the effects of the
discharge.
Dispute Resolution Where the parties sharing a MS4 'cannot agree on the source of a
discharge to their shared system, The State of Florida Department of Environmental
Protection, Stormwater Management Division, shall be the final arbiter in determining
jurisdiction and responsibility for cessation of discharge, remediation, and final
resolution.
Headings Captions and headings in this Agreement are for ease of reference only and do
not constitute a part of this Agreement and shall not affect the meaning or 'interpretation
of any provisions herein.
Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections
contained in this Agreement shall not affect the validity of the remaining portion of the
Agreement, provided the material purposes of this Agreement can be determined and
effectuated.
Waiver There shall be no waiver of any right related to this Agreement unless in writing
signed by the party waiving such right. No delay or failure to exercise a right under this
Agreement shall impair such right or shall be construed to be a waiver thereof. Any
waiver shall be limited to the particular right so waived and shall not be deemed a waiver
of the same right at a later time, or of any other right under this Agreement.
Notices and Approval Notices, approvals, and correspondence required or contemplated
by this Agreement shall be written and personally served or mailed, registered or
Certified United States mail, with return receipt requested, addressed to the parties as
follows:
To County:
Miami -Dade - County Department of
Environmental Resources Management
33 SW 2 °d Avenue, Suite 1200
Miami, FL 33130
Attn: Department Director
305/372 -6789
To City:
Public Works Department
4795 SW 75th Avenue
Miami, Florida 33155
Attn: Public Works Director
FW`if,
Performance by Parties Except as otherwise provided in this Agreement, in the event
of any dispute arising over the provisions of this Agreement, the parties shall proceed
with the timely performance of their obligations during the pendency of any legal or other
similar proceedings to resolve such dispute.
Rights of Others Nothing in the Agreement expressed or implied is intended to confer
upon any person other than the parties hereto any rights or remedies under or by reason of
this Agreement.
Time is of Essence It is mutually agreed that time is of the essence in the performance
of all terms and conditions to be met and performed pursuant to this Agreement.
Governing Law This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. The COUNTY, CITIES, FDOT DISTRICT and
FDOT TURNPIKE agree to submit to service of process and jurisdiction of the State of
Florida for any controversy or claim arising out of or relating to this Agreement or a
breach of this Agreement. Venue for any court action between the parties for any such
controversy arising from or related to this Agreement shall be in the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, or in the United States District Court for
the Southern District of Florida, in Miami -Dade County, Florida.
Section V
Indemnification
The COUNTY, CITY, FDOT DISTRICT and FDOT TURNPIKE do hereby agree to
indemnify and hold harmless each other to the extent and within the limitations of
Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY,
CITY, FDOT DISTRICT or FDOT TURNPIKE shall not be held liable to pay a
personal injury or property damage claim or judgment by any one person which exceeds
the sum of $100,000, or any claim or judgments or portions thereof, which, when totaled
with all other occurrence, exceeds the sum of $200,000 from any and all personal injury
or property damage claims, liabilities, losses and causes of action which may arise solely
as a result of the negligence of the COUNTY, CITY, FDOT DISTRICT or FDOT
TURNPIKE. However, nothing herein shall be deemed to indemnify the entity from any
liability or claim arising out of the negligent performance or failure of performance of the
entity or any unrelated third party.
IN WITNESS WHEREOF, Miami- Dade County, Florida, has caused this
Agreement to be executed in its name by the County manager or his designee, attested by
the Clerk of the Board of County Commissioners and has caused the seal of the Board
of County Commissioners to be hereto attached; and the City of South Miami, Florida
has caused this Agreement to be executed in its name by the City Manager or his/her
designee, attested by the City Clerk, and has caused the seal of the City to be hereto
attached, all on the day and year first written above.
MIAMI -DADE COUNTY,
Clerk of the Board FLORIDA, BY ITS - BOARD OF
COUNTY COMMISSIONERS Attest:
By: By:
Clerk of the Board County Manager
Clerk of the City of South Miami, FLORIDA
Attest:
By: By:
City Clerk City Manager