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02-19-02CITY COMMISSION AGENDA City Commission Meeting Meeting date: February 19, 2402 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: March 5, 2002 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.) Hope Lutheran Church REGULAR CITY COMMISSION 1 AGENDA - February 19, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes- Special Meeting February 13, 2002 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $19,304.82; CHARGING $3,572.32 TO ACCOUNT NO 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE CHARGING $14,988.50 TO ACCOUNT NO. 1500- 514 - 3410, LEGAL SERVICES, NON- RETAINER; AND CHARGING $744.00 TO ACCOUNT NO. 608 -1910- 521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM OF $6,399 FROM ACCOUNT NUMBER 615 -1910- 521 -5210 (FEDERAL FORFEITURE FUND - SUPPLIES ACCOUNT) TO RTS FOR THE PURCHASE OF 100 RTS (REFLECTIVE TRAFFIC STICKS) SYSTEMS. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING LOULA KYLES AS A POLL WORKER (AFTER THE FACT`) FOR THE CITY OF SOUTH MIAMI GENERAL ELECTION HELD ON TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT FROM ACCOUNT NO.. 01- 1200 - 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) /PUBLIC HEARING (S) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD (LI -4) ", TRANSIT ORIENTED REGULAR CITY COMMISSION 2 AGENDA - February 19, 2002 DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE; PROVIDING AN EFFECTIVE DATE. 3/5 RESOLUTION (S) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SAFE NEIGHBORHOOD PARKS (SNP) GRANT IN THE AMOUNT OF $20.0,000 TO BE USED TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -4.10 ENTITLED "GARAGE SALE," IN ORDER TO CLARIFY THE PROOF OF PROPERTY OWNERSHIP OR LEASE AND NOTIFICATION OF NEIGHBORING RESIDENTS REQUIRED FOR A GARAGE SALE PERMIT; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 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. " PUBLIC REMARKS 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 REGULAR CITY COMMISSION 3 AGENDA - February 19, 2002 INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 4 AGENDA - February 19, 2002 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: February 19, 2002 14 Agenda Item Commission Meeting January 15, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $19,304.82; CHARGING $3,572.32 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $14,988.50 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- RETAINER; AND CHARGING $744.00 TO ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. The attached resolution is for Legal Services for the City Attorney for the period ending January 31, 2002 in the total amount of $19,304.82. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 5,000.00 $ 3,572.32 Account # 1500 - 514 -3435 Professional Services $ 2,200.00 $ 744.00 Account # 608- 1910- 521 -3100 CRA Fund — General Legal $ $ Account #610 - 1120 - 554 -3415 Code Enforcement Account #1500 - 514 -3452 $ 5,986.34 $ South Miami N. cu :i F l o r l d a W. i t '...... 1� 1... 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: February 19, 2002 14 Agenda Item Commission Meeting January 15, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $19,304.82; CHARGING $3,572.32 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $14,988.50 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- RETAINER; AND CHARGING $744.00 TO ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. The attached resolution is for Legal Services for the City Attorney for the period ending January 31, 2002 in the total amount of $19,304.82. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 5,000.00 $ 3,572.32 Account # 1500 - 514 -3435 Professional Services $ 2,200.00 $ 744.00 Account # 608- 1910- 521 -3100 CRA Fund — General Legal $ $ Account #610 - 1120 - 554 -3415 Code Enforcement Account #1500 - 514 -3452 $ 5,986.34 $ Telecommunications Account #1500 - 514 -3420 $ 5,420.00 Legal Services Non Retainer $17,000.00 $ 14,988.50 Account # 1500- 3410 A detailed Billing Statement is attached. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $19,304.82; CHARGING $3,572.32 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY /FORECLOSURE; CHARGING 9 $14,988.50 TO ACCOUNT NO. 1500 -514 -3410, LEGAL 10 SERVICES, NON - RETAINER; AND CHARGING $744.00 TO 11 ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL 12 SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the City Commission of the City of South Miami approved 16 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 17 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 18 19 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 20 for legal services rendered, and costs advanced, for the period ending 21 January 31, 2002, in the amount of $19,304.82; and,, 22 23 WHEREAS, the City Attorney recommends payment of the attached 24 invoices. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The invoices for attorneys' fees and costs received from 30 Nagin Gallop Figueredo, P.A., in the total amount of $19,304.82, are approved for 31 payment and charging $3,572.32 to account no. 1500 -514 -3435, real 32 estate /foreclosure; charging $14,988.50 to account no. 1500 -514 -3410, legal, non- 33 retainer; and charging $744.00 to account no. 608 - 1910 -521 -3100, forfeitures. 34 35 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by e �°o o �str-ikin . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of February, 2002. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022- 001 \12755.doc Page 2 of 2 NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 February 12, 2002 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 January 31, 2002, in the amount of $19,304.82, and requisition no. 81. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Prof'1 Services $ 205.00 Statement No. 10717 dated 02107102 Disbursements 0.00 Total Due 2,085.00 0022 -023 Parking Garage Contract Prof l Services $ 6,177.50 Statement No. 10719 dated 02107102 Disbursements 0.00 Total Due 6,177.50 0022 -034 CSM v. Third Group Mortgage Prof 1 Services $ 450.00 Statement No. 10720 dated 02107102 Disbursements 77.32 Total Due 527.32 0022 -046 Merrick v. City of South Miami Prof 1 Services $ 4,037.50 Statement No. 10721 dated 02107102 Disbursements 0.00 Total Due 4,037.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI February 12, 2002 Page 2 of 3 0022 -052 CSM v. Johnny Jackson Prof 1 Services $ 65.00 Statement No. 10722 dated 02107102 Disbursements 36.00 Total Due 101.00 0022 -083 Planning Board Prof I Services $ 612.50 Statement No. 10725 dated 02107102 Disbursements 0.00 Total Due 612.50 0022 -095 Lazaro D. Tabares — EEOC Claim Prof l Services $ 3,750.00 Statement No. 10728 dated 02107102 Disbursements 105.00 Total Due 3,855.00 0022 -096 Darby L. Wagner — EEOC Claim Prof 1 Services $ 0.00 Statement No. 10729 dated 02 107102 Disbursements 175.00 Total Due 175.00 0022 -098 Forfeiture of 1997 Ford F -150 Prof I Services $ 15.00 Statement No. 10731 dated 02107102 Disbursements 7.50 Total Due 22.50 0022 -099 Forfeiture of Honda Shadow 750 Prof 1 Services $ 140.00 Statement No. 10732 dated 02107102 Disbursements 0.00 Total Due 140.00 0022 -101 Hampton Pre- Determination Prof 1 Services $ 30.00 Statement No. 10734 dated 02107102 Disbursements 0.00 Total Due 30.00 0022 -102 Forfeiture of $1,610.00 US Prof I Services $ 70.00 Statement No. 10735 dated 02107102 Disbursements 0.00 Total Due 70.00 0022 -103 Forfeiture of 1991 Nissan Sentra Prof 1 Services $ 230.00 Statement No. 10736 dated 02107102 Disbursements 281.50 Total Due 511.50 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI February 12, 2002 Page 3 of 3 0022 -104 Washington Mutual Bank v. CSM Prof 1 Services $ 435.00 Statement No. 10737 dated 02107102 Disbursements 0.00 Total Due 43 °5.00 0022 -105 National City Mtg. Co. v. CSM Prof I Services $ 525.00 Statement No. 10738 dated 02107102 Disbursements 0.00 Total Due 525.00 CURRENT TOTAL DUE $ 199304.82 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130'Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 81 Date: February 12, 2002 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 4 Real Estate /Foreclosure 1500 -514 -3435 $3,572.32 $3,572.32 2 7 Legal, Non- Retainer 1500 -514 -3410 $14,988.50 $14,988.50 3 4 Forfeitures 608- 1910 -521 -3100 $744.00 $744.00 TOTAL $19,304.82 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 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUE EDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305)854 -5351 February 7, 2002 Hakeem Oshikoya Finance Director Matter ID: 0022 -002 City of South Miami Real Estate & Contracts 6130 Sunset Drive Statement No. 10717 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Luis R. Figueredo Earl G. Gallop Payments 1/2/2002 Payment 2.00 hours at $150.00 /hr 300.00 4.70 hours at $175.00/hr 822.50 5.50 hours at $175.00/hr Hours Amount 1/10/2002 EGG Final preparation of water main hookup loan agreement; transmitted 2.50 437.50 same to Mr. Balogun for review. 1/14/2002 EGG Final preparation of water main hookup loan agreement. 1.00 175.00 1/17/2002 LRF Reviewed and revised draft Installment Notes Agreement and 1.00 175.00 submitted comments to Mr. Ajibola Balogun. 1/30/2002 LRF Reviewed City of South Miami 73rd Street Retail Garage Project 2.90 507.50 Professional Services Agreement. 1/30/2002 EGG Reviewed and approved contract documents for construction of 2.00 350.00 intersection improvements at SW 64th St. and SW 59th Place. 1/31/2002 EAB Analysis of SFWM District agreement with City; and prepared 2.00 300.00 memorandum to Mr. R. Rosado on this item. 1/31/2002 LRF Reviewed and revised Ms. Eve Boutsis' comments to proposed City 0.80 140.00 of South Miami agreement with the South Florida Water Management District. Total Professional Services 2,085.00 Rate Summary Eve A. Boutsis Luis R. Figueredo Earl G. Gallop Payments 1/2/2002 Payment 2.00 hours at $150.00 /hr 300.00 4.70 hours at $175.00/hr 822.50 5.50 hours at $175.00/hr 962.50 Total hours: 12.20 Ck #35102 66500 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. Sub -total Payments: 665.00 For Professional Services 2,085.00 For Disbursements Incurred 0.00 Current Balance: 2,085.00 Previous Balance: 319.47 Payments - Thank you 665.00 Total Due 1,739.47 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -003 Finance Director Williamson Foreclosure City of South Miami 6130 Sunset Drive Statement No. 10718 City of South Miami, FL 33143 Payments 1/22/2002 Payment Ck#35400 99.30 1/2/2002 Payment Ck #35102 661.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 760.30 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 760.30 760.30 0.00 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 10719 City of South Miami, FL 33143 Hours Amount 1/7/2001 LRF Meeting with George McArdle to discuss final changes to 2.80 490.00 787.50 87.50 350:00 175.00 525.00 402.50 192.50 1,137.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. agreements; telephone conference with Jean Bell, concerning imitations to use of proceeds and removal of the limitation regarding refinancing privately owned property; telephone conference with Subrata Basu; attended selection committee meeting at South Miami for the project; revised lease agreement and mutual release. 1/3/2002 LRF Telephone conference with George McArdle regarding pending 4.50 issues; telephone conference with Gene Bell regarding requirements of the League of Cities program; telephone conference with Charles Scurr regarding release and revised lease agreement to provide the easement section and for a termination of the easement if the building is destroyed and not reconstructed; reviewed the tape for the February 6, 2001 meeting and approval of the SPG lease. 117/2002 LRF Revised mutual release language. 0.50 1/7/2002 LRF Finalized lease agreement between City of South Miami and MRP. 2.00 1/8/2002 LRF Finalized lease and mutual release; telephone conference with 1.00 Jean Bell regarding use of proceeds. 1/10/2002 LRF Reviewed the new construction estimates and amortization 3.00 schedules prepared by Mr. Basu; follow up telephone conference with Jean Bell; conference with Mr. Gallop regarding bridge loan; reviewed Mr. McArdle's revised documents. 1/10/2002 EGG Attention to status of parking garage project; prepared resolution 2.30 authorizing city manager and city attorney to negotiate bridge loan and permanent loan with FMLC. 1/14/2002 LRF Reviewed Subrata Basu's estimates for the construction of the 1.10 project; telephone conference with Subrata regarding same; conference with Mr. Earl Gallop; conference with Jean Bell regarding limitations and use of proceeds. 1/15/2002 LRF Telephone conferences with Subrata Basu regarding construction 6.50 cost estimates to develop parking structure; prepared alternative construction cost estimates; conference with Mr. Earl Gallop and 787.50 87.50 350:00 175.00 525.00 402.50 192.50 1,137.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. v Nagin Gallop Figueredo P.A. CONFIDENTIAL -ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 10719 Page: 2 Rate Summary Luis R. Figueredo Earl G. Gallop Payments 1/2/2002 Payment Total Professional Services 33.00 hours at $175.00/hr 5,775.00 2.30 hours at $175.00/hr 402.50 Total hours: 35.30 Ck #35102 7,151.62 Sub -total Payments: 7,151.62 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 1,400.00 157.50 262.50 210.00 6,177.50 6,177.50 0.00 6,177.50 14,689.12 7,151.62 13,715.00 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. Commissioner Russell; telephone conference with Charles Scurr regarding construction costs and financing options; prepared alternative amortization schedules to respond to Commissioner Russell's questions; attended City Commission meeting. 1/17/2002 LRF Attended selection committee interviews for architect candidates. 8.00 1/18/2002 LRF Telephone conference with Mark Richman and George McArdle 0.90 regarding architect selection process; follow up with Subrata Basu regarding same. 1/23/2002 LRF Meeting with George McArdle; finalized documents; telephone 1.50 conference with Subrata Basu. 1/28/2002 LRF Meeting with George McArdle. 1.20 Rate Summary Luis R. Figueredo Earl G. Gallop Payments 1/2/2002 Payment Total Professional Services 33.00 hours at $175.00/hr 5,775.00 2.30 hours at $175.00/hr 402.50 Total hours: 35.30 Ck #35102 7,151.62 Sub -total Payments: 7,151.62 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 1,400.00 157.50 262.50 210.00 6,177.50 6,177.50 0.00 6,177.50 14,689.12 7,151.62 13,715.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -034 CSM v. Third Group Mortage, Statement No. 10720 Rate Summary Eve A. Boutsis Expenses Parking Charge Legal research Total Professional Services 450.00 3.00 hours at $150.00 /hr Total hours: 3.00 450.00 10.75 66.57 Sub -total Expenses: 77.32 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. Hours Amount 1/4/2002 EAB Filed motion for reconsideration with attached affidavit. 0.30 45.00 1/15/2002 EAB Telephone conference with counsel for Jericho, and counsel for 0.30 45.00 Homeowners regarding agreement with our motion; and prepared proposed order. 1/16/2002 EAB Attended hearings on motion for reconsideration of court's decision 1.50 225.00 to dismiss for lack of prosecution, which was entered in error. 1/17/2002 EAB Prepared letter and agreed order on City's motion to compel Third 0.30 45.00 Group Mortgage; and prepared memorandum to file on this issue. 1/29/2002 EAB Attention to and follow up research on recording of liens. 0.30 45.00 1/30/2002 EAB Meeting with Mr. Gallop on this pending matter; and provided 0.30 45.00 direction to staff as to obtaining copies of recorded documents, and follow up with finance Department as to funds received from Miami -Dade County as surplus payment from tax deed sales. Rate Summary Eve A. Boutsis Expenses Parking Charge Legal research Total Professional Services 450.00 3.00 hours at $150.00 /hr Total hours: 3.00 450.00 10.75 66.57 Sub -total Expenses: 77.32 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. Payments 1/22/2002 1/31/2002 Payment Ck #35400 30.00 Payment Ck#35574 928.25 Sub -total Payments: 958.25 For Professional Services 450.00 For Disbursements Incurred 77.32 Current Balance: 527.32 Previous Balance: 958.25 Payments - Thank you 958.25 Total Due 527.32 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue; Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -046 Finance Director City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Statement No. 10721 City of South Miami, FL 33143 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. Hours Amount 1/4/2002 EAB Attention to Merrick matter. 0.20 25.00 1/9/2002 EAB Began analysis of documents supplied by Captain Bruce Ross in 6.00 750.00 support of City's response to Merrick's 3rd charge of discrimination; began drafting facts section of response; and conducted legal research on evidence needed to support opposition to claimant's retaliation claim. 1/10/2002 EAB Continued legal research on retaliation and continued drafting City's 7.00 875.00 response to charge of discrimination; telephone conference with Chief Watson and Sgt. Ross regarding Merrick matter. 1/11/2002 EAB Completed legal research on retaliation and continued drafting facts 3.00 375.00 statement for City's response. 1/18/2002 EAB Continued drafting City's fact response to claimant's EEOC charge 1.50 187.50 of discrimination. 1127/2002 EAB Began drafting memorandum of law in opposition to claimant's 6.00 750.00 charge of discrimination. 1/29/2002 EAB Continued analysis of documents in order to prepare City's 5.00 625.00 response; revised City's position statement; and telephone conference with Chief Watson regarding various factual issues surrounding claim. 1/30/2002 EAB Coordinated staff to organize, collect and prepare documents 0.60 75.00 responsive to the EEOC's request for production; telephone conference with Captain Bruce Ross regarding production of documents. 1/31/2002 EAB Telephone conference with Mr. Scurr and Mr. Gallop regarding 0.50 62.50 Merrick matter; attention to file. 1/31/2002 EAB Attended meeting with Mr. Charles Scurr and staff regarding appeal 2.50 312.50 of DAR, and other factual matters relating to Merrick's charge. 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. Rate Summary Eve A. Boutsis Payments 1/2/2002 Payment CONFIDENTIAL - ATTORNEY %CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 10721 Pager 2 Total Professional Services 4,037.50 32.30 hours at $125.00 /hr 4,037.50 Total hours: 32.30 Ck #35102 490.00 Sub -total Payments: 490.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments -Thank you 4,037.50 0.00 4,037.50 837.50 490.00 Total Due 4,385.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive- City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -052 CSM v. Johnny Jackson Statement No. 10722 Total Professional Services 65.00 Rate Summary Eve A. Boutsis 0.20 hours at $150.00 /hr 30.00 Rose E. Cadenhead 1.75 hours at $ 20.00 /hr 35.00 Expenses Mileage Filing fee Total hours: 1.95 Payments 1/22/2002 Payment Ck#35400 1/2/2002 Payment Ck #35102 6.00 30.00 Sub -total Expenses: 36.00 298.50 105.00 Sub -total Payments: 403.50 Payment is due upon receipt. Please notify us within 10 days, of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 1/16/2002 REC Obtained DR -219 forms from the Recording Office. 0.75 15.00 1/23/2002 REC Delivered documents to the Recording Department to be recorded. 1.00 20.00 1/30/2002 EAB Attention to file, including follow up on recording of deeds and 0.20 30.00 pleadings, to determine if action should be dismissed based upon resolution of all issues. Total Professional Services 65.00 Rate Summary Eve A. Boutsis 0.20 hours at $150.00 /hr 30.00 Rose E. Cadenhead 1.75 hours at $ 20.00 /hr 35.00 Expenses Mileage Filing fee Total hours: 1.95 Payments 1/22/2002 Payment Ck#35400 1/2/2002 Payment Ck #35102 6.00 30.00 Sub -total Expenses: 36.00 298.50 105.00 Sub -total Payments: 403.50 Payment is due upon receipt. Please notify us within 10 days, of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -052 Statement No.: 10722 Page: 2 For Professional Services 65.00 For Disbursements Incurred 36.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 101.00 593.00 403.50 290.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -068 Finance Director City of South Miami Telecommunications Contracts 6130 Sunset Drive Statement No. 10723 City of South Miami, FL 33143 Payments 1/2/2002 Payment Ck #35102 For Professional Services For Disbursements Incurred 87.50 Sub -total Payments: 87.50 oil Current Balance: 0.00 Previous Balance: 87.50 Payments- Thank you 87.50 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO P.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Hakeem Oshikoya finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -070 CSM v. FDOA Statement No. 10724 Payments 1/2/2002 Payment Ck #35102 30.00 Sub -total Payments: 30.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 30.00 Payments - Thank you 30.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEWCLIENT PRIVILEGED NAGIN GALLOP FIGEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 7, 2002 Finance Director Matter ID: 0022 -083 City of South Miami Planning Board 6130 Sunset Drive Statement No. 10725 City of South Miami, FL 33143 Hours Amount 1/29/2002 LRF Prepared for and attended City Planning Board meeting. 3.50 612.50 Rate Summary Luis R. Figueredo Payments 1/2/2002 Payment Total Professional Services 3.50 hours at $175.00 /hr 612.50 Total hours: 3.50 Ck#35102 700.00 Sub -total Payments: 700.00 612.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -083 Statement No.: 10725 Page: 2 For Professional Services 612.50 For Disbursements Incurred 0.00 Current Balance: 612.50 Previous Balance: 1,400:00 Payments - Thank you 700.00 Total Due 1,312.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED 'NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya_ Matter 1D: 0022 -086 Finance Director City of South Miami Forfeiture of 1993. Gold Nissan 6130 Sunset Drive Statement No. 10726 City of South Miami, FL 33143 Payments 1/2/2002 Payment Ck #35102 30.00 Sub -total Payments: 30.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 30.00 Payments - Thank you 30.00 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -090 Forfeiture of 1990 Jaguar Gray Statement No. 10727 Payments 1/31/2002 Payment Ck#35574 197.95 1/2/2002 Payment Ck #35102 368.92 Sub -total Payments: 566.87 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 566.87 Payments - Thank you 566.87 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director Lazaro D. Tabares - EEOC City of South Miami 6130 Sunset Drive Statement No. 10728 City of South Miami, FL 33143 1/18/2002 EAB Prepared letter to Mr. Regalado confirming extensions of deadlines 0.30 45.00 and hearing date. 1/22/2002 EAB Interviewed witnesses alleged by Mr. Tabares; telephone 7.00 1,050.00 conference with opposing counsel; legal research regarding whether an employer can ask an employee about prior arrests; and telephone conference with Miami -Dade County Equal Opportunity Board compliance officer Mr. Earl Garrett regarding amendment of claim. 1/24/2002 EAB Prepared letter to Mr. Regalado regarding new hearing dates and 0.60 90.00 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. Hours Amount 1/4/2002 EAB Attention to file in preparation for hearing before Miami -Dade 0.20 30.00 County Equal Opportunity Board on appeal by Mr. Lazaro Tabares. 1/9/2002 EAB Telephone conference with Ms. Jeanette Navarro regarding claim. 0.20 30.00 1/10/2002 EAB Conducted legal research on new United States Supreme Court 1.50 225.00 opinion narrowing definition of disability (carpal tunnel is not disability); analyzed responses to interrogatory requests; telephone conferences and email communications with Mr. Martinez and Ms. Navarro regarding statements made by Mr. Tabares'. 1/1512002 EAB Analyzed rules and discovery supplied by claimant in preparation 5.00 750.00 for filing position statement of City; meeting with Mr. Gallop regarding subpoenas and depositions of claimant's physicians; prepared and issued subpoenas to claimant's physicians; prepared notices of taking depositions; hand delivered documents and obtained clarification as to procedural rules for Board from clerk of Miami -Dade County Equal Opportunity Board; prepared letter to Mr. Regalado regarding discovery deadlines and request for hearing on motion to compel; prepared letter worker's compensation counsel from Florida League of Cities; and telephone conference with Ms.Navarro regarding upcoming meeting with Public Works Department employees and worker's compensation claim. 1/16/2002 EAB Prepared correspondence to Miami -Dade County Equal Opportunity 1.00 150.00 Board regarding discovery deadlines; telephone conference with Mr. Regalado regarding deadlines and began drafting position statement. 1/18/2002 EAB Prepared letter to Mr. Regalado confirming extensions of deadlines 0.30 45.00 and hearing date. 1/22/2002 EAB Interviewed witnesses alleged by Mr. Tabares; telephone 7.00 1,050.00 conference with opposing counsel; legal research regarding whether an employer can ask an employee about prior arrests; and telephone conference with Miami -Dade County Equal Opportunity Board compliance officer Mr. Earl Garrett regarding amendment of claim. 1/24/2002 EAB Prepared letter to Mr. Regalado regarding new hearing dates and 0.60 90.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEYICLIENT PRIVILEGED Matter ID: 0022 -095 Statement No.: 10728 Page: 2 request guidance as to Mr. Tabares's "amended charge of discrimination;" telephone conference with Mr. ,Garrett regarding these items; analyzed worker's compensation claim; prepared letter to City's worker's compensation carrier; analyzed physician's production in preparation for deposition; and meeting with Mr. Gallop to discuss results of interviews of witnesses. 1/2512002 EAB Telephone conferences with Florida League of Cities, worker's compensation physicians and Ms. Navarro regarding ADA claim and worker's compensation claims; analysis of Florida Rules regarding deposition procedures of physicians; meeting with Mr. Gallop to discuss case progress; prepared letter to Mr. Regalado regarding new deposition dates of physicians; and prepared second set of interrogatories. 1/25/2002 EGG Attended meeting with Ms. Navarro regarding investigation of Tabares claim of disability; telephone conferences with representatives of FLC regarding same; further handling instructions. 1/26/2002 EAB Prepared affidavits of Public Works employees that were listed as witnesses by Mr. Tabares and were interviewed on January 22, 2002. 1/28/2002 EAB Telephone conference with Mr.LNU; and coordinated second date. with Public Works Department employees and revised affidavits of witnesses which were previously interviewed on January 22, 2002. Rate Summary Eve A. Boutsis Earl G. Gallop Expenses 3.50 525.00 0.60 105.00 4.00 600.00 1.00 Total Professional Services 24.30 hours at $150.00 /hr 0.60 hours at $175.00/hr Total hours: 24.90 Parking Charge 1/24/2002 Service of Process 1/24/2002 Service of Process 1/30/2002 Outside copy job 3,645.00 105.00 2.00 50.00 50.00 3.00 Sub -total Expenses: 105.00 150.00 3,750.00 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. Payments 1/2/2002 Payment Ck#35102 20.57 Sub -total Payments: 20.57 For Professional Services 3,750.00 For Disbursements Incurred 105.00 Current Balance: 3,855:00 Previous Balance: 900.07 Payments - Thank you 20.57 Total Due 4,734.50 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 - ATTORNEYICLIENT PRIVILEGED NAGIN GALLOP FIGEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID' 0022 -096 Finance Director City of South Miami Darby L. Wagner - EEOC Claim 6130 Sunset Drive Statement No. 10729 City of South Miami, FL 33143 Expenses 1/10/2002 Arbitrator Fee 175.00 Sub -total Expenses: 175.00 Payments 1/2/2002 Payment Ck#35102 12.58 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 12.58 0.00 175.00 175.00 12.58 12.58 Total Due 175.00 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 FI GUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -097. Finance Director City of South Miami Equicredit v. Miranda 6130 Sunset Drive Statement No. 10730 City of South Miami, FL 33143 Payments 1/2/2002 Payment Ck#35102 315.00 Sub -total Payments: 315.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 315.00 Payments - Thank you 315.00 Total Due 0.00 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 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -098 Finance Director City of South Miami Forfeiture of 1997 Ford F -150 6130 Sunset Drive Statement No. 10731 City of South Miami, FL 33143 Hours Amount 1/3/2002 REC Obtained certified copy of Consent Final Judgment. 0.75 15.00 Total Professional Services 15.00 Rate Summary Rose E. Cadenhead Expenses 0.75 hours at $ 20.00 /hr 15.00 Total hours: 0.75 Parking Charge 2.50 Mileage 3.00 1/16/2002 Certified Copy 2.00 Sub -total Expenses: 7.50 Payments 1/31/2002 Payment Ck #35574 161.94 1/2/2002 Payment Ck #35102 476.45 Sub -total Payments: 1338.39 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 -098 Statement No.: 10731 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 1 5.00 7.50 22.50 708.39 638.39 92.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -099 Forfeiture of Honda Shadow 750 Statement No. 10732 Rate Summary Eve A. Boutsis Payments 1/31/2002 1/2/2002 Payment Payment Total Professional Services 140.00 1.40 hours at $100.00 /hr 140.00 Total hours: 1.40 Ck#35574 43.77 Ck #35102 910.50 Sub -total Payments: 954.27 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. Hours Amount 1/15/2002 EAB Prepared order on motion to compel. 0.20 20.00 1/16/2002 EAB Attended hearing on motion to compel. 1.00 100.00 1/17/2002 EAB Prepared letter to claimant explaining court's order on City's motion 0.20 20.00 to compel. Rate Summary Eve A. Boutsis Payments 1/31/2002 1/2/2002 Payment Payment Total Professional Services 140.00 1.40 hours at $100.00 /hr 140.00 Total hours: 1.40 Ck#35574 43.77 Ck #35102 910.50 Sub -total Payments: 954.27 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 -099 Statement No.: 10732 Page: 2 For Professional Services 140.00 For Disbursements Incurred 0.00 Current Balance: 140. -00 Previous Balance: 1,114.52 Payments - Thank you 954.27 Total Due 300.25 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 F Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya February 7, 2002 Matter ID: 0022 -100 Finance Director Florida Municipal Loan City of South Miami 5130 Sunset Drive Statement No. 10733 City of South Miami, FL 33143 Payments 1/2/2002 Payment Ck #35102 2,170.00 Sub -total Payments: 2,170.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 2,957.50 Payments - Thank you 2,170.00 Total Due 787'50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -101 Finance Director City of South Miami Hampton Pre - Determination 6130 Sunset Drive Statement No. 10734 City of South Miami, FL 33143 Hours Amount 1/4/2002 EAB Attended meeting with Mr. Gallop regarding second pre- termination 0.20 30.00 hearing concerning Mr. Hampton. Total Professional Services 30.00 Rate Summary Eve A. Boutsis 0.20 hours at $150.00 /hr 30.00 Total hours: 0.20 For Professional Services 30.00 For Disbursements Incurred 0.00 Current Balance: 30.00 Previous Balance: 1,170.00 Payments - Thank you 0.00 Total Due 1,200.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South, Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -102 Forfeiture of $1,610.00 US Statement No. 10735 Hours Amount 1/3/2002 EAB Telephone conference with claimant regarding abandonment of 0.30 30.00 interest by claimant, and updated AC Feldman on this matter. 1/4/2002 EAB Telephone conference with AC Feldman regarding request by 0.40 40.00 counsel; and prepared letter to counsel informing him of his client's waiver of interest in the currency by executing abandonment notice. Total Professional Services 70.00 Rate Summary Eve A. Boutsis 0.70 hours at $100.00 /hr 70.00 Total hours: 0.70 Payments 1/31/2002 Payment Ck#35574 170.00 Sub - total Payments: 170.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -102 Statement No.: 10735 Page: 2 For Professional Services 70.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 70.00 470:00 170.00 370.00 Payment is due upon receipt. Please noti fy us within 10 days of receipt of an y questions y ou have re g ardin g 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 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 February 7, 2002 Matter ID: 0022 -103 Forfeiture of 1991 Nissan Sentra Statement No. 10736 Hours Amount 1/7/2002 EAB Attention to file in preparation for filing pleadings with court; and 1.00 100.00 meeting with Sgt. Mario Diaz to go over his verified affidavit and made changes to the document; and finalized documents and letter to judge enclosing ex parte order finding probable cause. 1/8/2002 EAB Various settlement discussions with Ms. Debra Cohen, counsel for 1.30 130.00 claimant Ms. Kaminsky; conveyed offers to AC Feldman; requested Ms. Cohen to accept service of process, which she refused; and directed service of process Rate Summary Eve A. Boutsis Expenses 1/22/2002 Total hours: Courier charge Filing fee Service of Process Total Professional Services 2.30 hours at $100.00 /hr 230.00 2.30 26.50 215.00 40.00 Sub -total Expenses: 281:50 230.00 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. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 230.00 281.50 511.50 270.00 0.00 781.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID; 0022 -104 Finance Director City of South Miami Washington Mutual Bank v. 6130 Sunset Drive Statement No. 10737 City of South Miami, FL 33143 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. Hours Amount 1/2/2002 EAB Telephone conference with Ms. Tracey McKenzie, counsel for 0.20 30.00 Washington Mutual and the associate Patricia Arango, who is now handling the file. 1/312002 EAB Telephone conference with Ms. McKenzie regarding complications 0.30 45.00 in chain of title in Washington Mutual foreclosure action on Pembroke Pines property; and analyzed document she requests we file (partial release of hen -- as to Pembroke Pines parcel). 1/4/2002 EAB Various telephone conferences with Ms. McKenzie regarding 0.40 60.00 release of CSM or possible release of Pembroke Pines property. 1/7/2002 EAB Attention to release of lien issues and motion to dismiss. 0.30 45.00 1/8/2002 EAB Prepared motion to dismiss foreclosure action against the City of 1.50 225.00 South Miami. 1/20/2002 EAB Attention to file and plaintiffs pleading dismissing claims. 0.20 30.00 Total Professional Services 435.00 Rate Summary Eve A. Boutsis 2.90 hours at $150.00 /hr 435.00 Total'hours: 2.90 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 f igueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -104 Statement No.: 10737 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 435.00 0.00 435.00 285.00 0.00 720.00 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 7, 2002 Hakeem Oshikoya Matter ID: 0022 -105 Finance Director City of South Miami Co. National City Mtg. vs. 6130 Sunset Drive Statement No. 10738 City of South Miami, FL 33143 Hours Amount 1/11/2002 EAB Analysis of new foreclosure action; requested copies of City's liens; 0.50 75.00 and prepared short memorandum to file regarding lien priority. 1/28/2002 EAB Analyzed foreclosure complaint; conducted legal research on issue 3.00 450.00 of mortgage priority, reformation of mortgage, and principles of purchase money mortgages; and drafted City's answer. Rate Summary Total Professional Services 525.00 Eve A. Boutsis 3.50 hours at $150.00/hr Total hours: 3.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you Total Due 525.00 To be properly credited, please indicate Statement Number on your remittance check. 525.00 0.00 525:0'0 0.00 0.00 525.00 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. City of South Miami Police Department INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: February 13, 2002 FROM: Charles Scurr Re: Agenda Item # City Manager Comm. Mtg. February 19, 2002 Purchase of 100 Traffic Safety Systems REQUEST: The Police Department is requesting to purchase 100 RTS (Reflective Traffic Sticks) Systems utilizing $6,399 from Supplies account (Federal Forfeiture). BACKGROUND AND ANALYSIS: The Police Department is initiating a prevention program to enhance the safety of our Police Officers and citizens at accident scenes, traffic stops and other roadway incidents or events. Statistically, an alarming percentage of Police Officers' injuries or deaths are the result of being struck by vehicles while investigating other crashes or on enforcement stops. The South Miami Police Department has responded to community traffic concerns through the S.T.O.P. Traffic Enforcement Program and other initiatives. With this increase in traffic - related activity comes an increase in risk to the Police Officers. The Police Department has reviewed and tested a unique product designed to increase safety, the RTS System. Partially replacing the need for the traditional burning flares, these reusable reflective traffic sticks have many versatile uses, in many types of situations. RTS is a sole source vendor and a minority - owned company. The Police Department is requesting to purchase 100 RTS sets, including six (6) sets of spare parts (which were negotiated at no charge) for $6,399.00, from account 615 -1910 -521 -5210. With this purchase, account #615 - 1910 - 521 -5210 will reflect: Current balance: $8,224 Purchase item: $6,400 New balance: $1,824 RECOMMENDATION: I recommend the approval of this purchase. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM OF $6,399 FROM ACCOUNT NUMBER 615- 1910 - 521 -5210 (FEDERAL FORFEITURE FUND — SUPPLIES ACCOUNT) TO RTS FOR THE PURCHASE OF 100 RTS (REFLECTIVE TRAFFIC STICKS) SYSTEMS. WHEREAS, an alarming number of Police Officers' and other citizens' fatalities and injuries are the result of being struck by vehicles at accident scenes or traffic stops; and WHEREAS, increased traffic and increased enforcement by the Police Department increase the risk of injury or death; and WHEREAS, the Police Department has identified the unique RTS System as a means to reduce such risk; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to disburse the sum of $6,399 to RTS for the purchase of 100 RTS Systems. That the disbursement be charged to account number 615 -1910- 521 -5210 "Federal Forfeiture Fund — Supplies Account ". Section 2. That this resolution be effective immediately after the adoption hereof PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK CITY ATTORNEY ab APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: im 1 0 - C-IU M11-4 Ellmzz ilA Comments: 0� FROM: Aj aj-;tA-t zk 6475 Perimeter Nve #178 • DuNin, Ohio 43016 0 a Fax 614.789.9946 o www-RTSUcks.com Title /Name: P SS 4 � h f fr1l Agency: - d d L11' h-fV_+ t� New Client Current Client Bill to: Ship • Phone: Fax: DS -- 6*3 - to 3S-3 Quantity: C? complete RTS sets @ $_f�,99® per set .. wand sets @ $ 49.99 per set X's @ $ 39,96 `per set (Y Pocket Partners @ $ 14 each Method of Payment:. To be invoiced o Cash Credit Card Mastercard & visa opted Card # z Exp Date_ TOTAL ORDER- �% av 'plus shipping /handling Client Signature: Please include Certificate of Exemption from Sates Tax with payment. 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'o O U O O za m � O UQ n m CD C U E 9 d 0 a m W � OOH co L L U � � C � 0 U .L d c CD C 1 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: February 19, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointing Pollworkers for February 12, 2002 General Election (After the Fact) REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING LOULA KYLES AS A POLL WORKER (AFTER THE FACT) FOR THE CITY OF SOUTH MIAMI 'GENERAL ELECTION HELD ON TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT FROM ACCOUNT NO. 01- 1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution appoints Loula Kyles, after the fact as poll workers for the City of South Miami's General Election held on Tuesday, February 12, 2002. Disbursement will be charged to Account No. 01- 1200- 512 - 4920. Ms. Klyes was recommended by Miami -Dade County Elections Department as a standby for the City's General Election. Ms. Kyles' services were most invaluable during this election because of the added feature of Curb Side Voting. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING LOULA KYLES AS A POLL WORKER (AFTER THE FACT) FOR THE CITY OF SOUTH MIAMI GENERAL ELECTION HELD ON TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT FROM ACCOUNT NO. 01 -1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution No. 7-02 - 11356, which named poll workers for the City of South Miami's General Election being held on February 12, 2002; and WHEREAS, Ms. Lou la Kyles was recommended as a standby by Miami -Dade County Election's Division; WHEREAS, Because of the Curb Side Voting Service provided by the City of South Miami, Ms. Kyles was pressed into service and was a most valuable poll worker during the February 12, 2002, General Election. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ms. Loula Kyles is hereby appointed (after the fact) as a- poll worker for the City of South Miami General Election, held on Tuesday, February 12, 2002. Section. 2. Disbursement from Account No. 01- 1200 -512- 4920 entitled "Election." Section 3 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: .t i � a C® -"aE.✓ �. �J`�^ -� OJT. / � � �c.�J'b� ATTENDANCE FORM Please print TRAINING SITE:..: DATE: TIME OF CLASS ATTENDED: 6T NAME: t� HOME ADDRESS: TELEPHONE: (home): J 5 ✓ (work): ' (cellular): (beeper): OTING PRECINCNT: ®WORKING PRECINCT: Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: February 19, 2002 City Commission I From: Charles Scurr RE: Special Use Approval City Manager 5794 Commerce lane Auto Repair Facility Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4)11, TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE. APPLICANT'S REQUEST: The applicant is requesting a Special Use Approval to operate an automotive repair facility at the above referenced location. An automobile repair and body shop is permitted in the "TODD(LI -4)" zoning district as a special use and subject to certain conditions. The applicant currently operates Mike's Beemer Shop, an automotive repair facility at 5781 Commerce Lane, across the street from the subject property. CONDITIONS APPLICABLE: Section 20- 3.4(A) of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood. A proposed special use must comply with the general special use requirements set forth in Section 20 -5.8 which state that the use: (a) will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b) will not be detrimental to the public welfare or property or improvements in the neighborhood; and, (c) complies with all other applicable Code provisions. Note that in October, 2001, based upon the recommendations of the Zoning Task Force and Planning Board, the City Commission adopted Ordinance No.25 -01 -1756 which provided for a number of commercial and light industrial uses to be re- instated as permitted uses in the TODD (LI -4) zoning district. It appeared that in 1997, when the TODD district was created, certain uses previously allowed in the district were removed as permitted uses. At the time of the October, 2001 ordinance adoption, it was agreed that these uses could be re- instated, however, they would be classified as special uses thereby providing for additional scrutiny and public hearings. STAFF OBSERVATIONS: (1) The existing structure is a vacant one story building with a loft area. There is a total of 1650 square feet of gross floor area. Special Use Approval Auto Repair February 19, 2002 Page 2 of 3 (2) The applicant's letter of intent states that the building will be used as an extension of the current business (auto repair /auto storage) located across the street at 5781 Commerce Lane. (3) The proposed use requires (1) parking space for each 300 sq. ft. of gross floor area thereby resulting in a requirement of six (6) parking spaces. The submitted site plan indicates 5 on -site spaces located in the paved area in the front of the building plus one on- street space, thus meeting the applicable parking requirement. (3) The proposed use is located in an area dominated by automotive repair and other light industrial type businesses. (4) The applicant has stated that all cars will be brought inside for overnight storage. This complies with the applicable regulations for the TODD Light Industrial Zoning District. (5) Due to overall congestion in this area and limited external space of the property, actual automobile repair work should only be allowed inside the building. This also complies with the applicable regulations for the TODD Light Industrial Zoning District. (6) The applicant should take special care that wreckers and tow trucks delivering vehicles to the premises not block the traffic lanes of Commerce Lane, as this may have a very detrimental effect on traffic circulation in the area. PLANNING BOARD ACTION The Planning Board at its January 29, 2002 meeting adopted a motion by a vote of 7 -0 recommending that the Special Use request be approved subject to four conditions as specified by the Planning Department staff. The motion to approve was made by Mr. Illas and seconded by Ms. Gibson. RECOMMENDATION: The proposed use will not adversely affect the health, safety of persons working or residing in the vicinity; will not be detrimental to property in the neighborhood; and complies with all other applicable Code provisions. It is recommended that the special use application for an automobile repair facility at 5794 Commerce Lane be approved with the following conditions: 1) Automobile repair work shall only be allowed inside the building. 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Commerce Lane. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Special Use Approval Auto Repair February 19, 2002 Page 3 of 3 Attachments: Draft resolution Application Location Map Letter of intent Property survey Site (floor) plan Planning Board Minutes 1 -29 -02 Copies of Public notices CS /RGL /S Y DAComm Items \2002 \02 -19 -02 \Special Use Auto repair Report.doc 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE. WHEREAS, the Michael Alvarez, has submitted an application for a special use to allow an automotive repair facility in the "TODD (LI -4) ", Transit Oriented Development District (Light Industrial - 4) zoning district specifically at 5794 Commerce Lane; and WHEREAS, an automotive repair facility is allowed as a special use in the "TODD (LI -4) ", Transit Oriented Development District (Light Industrial -4) zoning district subject to meeting certain conditions specified in the Land Development Code Section 20 -3; and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on January 29, 2002 the Planning Board, after public hearing, voted 7 -0 to recommend approval of the special use request with certain conditions; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That an application for special use to allow an automotive repair facility in the "TODD (LI- 4)", Transit Oriented Development District (Light Industrial -4) zoning district specifically at 5794 Commerce Lane; and; is hereby approved subject to the following conditions: 1) Automobile repair work shall only be allowed inside the building. 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and Tow Trucks delivering vehicles to the subject property shall not block the traffic lanes of Commerce Lane. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2002 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Page 2 of 2 Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: SUBMITTED MATERIALS Lot(s) Block Subdivision PLEASE CHECK ALL THAT APPLY: PB -_ Meets & Bounds: VLefter of intent Zoning Map Amendment Applicant: Justifications for change Phone: Representative: vc `� cL�k� �,�t�,L Organization: Address: Phone: 3. ;(q3 ?` ° %) 331 Property Owner. I Signature: Briefly explain application and cite specific Code sections: Contract to purchase VCurrent survey (1 original sealed and Mailing Address: 1400CA C: , &14 "s Phone: 11 Architect/Engineer: Phone: 1 reduced copy @ 11" x 17" AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ,Owner Owner's Representative —Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC Variarc_ VLefter of intent Zoning Map Amendment -Opecial Use Justifications for change _ PUD Approval _Special Exception _ _ Statement of hardship _ PLID Major Change _Other r; Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase VCurrent survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") Y15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" �20% Property owner signatures labels (3 sets) and map Section: Subsection: Page #: Amended Date: _/Mailing V Required Fee(s) The undersigned has read this completed a�ppli p cation and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief Applicant's Si nature and ti �e Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations.. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pavment P7111i1, f I Special Use Approval - Mike's Beemer Shop 5794 Commerce Lane F�R�PEF CnI 200 0 400 600 800 1000 Feet u a MORRIS INVESTMENT PARTN-ERSHUP 2263 SW 37 Avenue Penthouse One Miami Florida 33145 -3009 305/448- 2021 305/445 -1412, fax October 6, 2001 South Miami Planning Board South Miami Florida 33143 Re: Mike's Beemer Shop To Whom It May Concern: We have recently leased 5794 Commerce Lane to Michael Alvarez for the expansion of his business Mike's Beemer Shop at 5781 Commerce Lane. We look forn«ard to a long relationship with him and his business. As a landowner in the City of South Miami and as managing partner of Morris Investment Partnership we support his growth and ask that the City of South Miami agrees to their request for planning approval for business expansion. Sincerely, Aaron M. Morris Managing Partner Morris Investment Partnership .'NU XE'S DEEMER. SHOP 5781 Commerce .bane South Miami, Fl.. 33143 Phone (305) 6613311 Fax (3o5) 661 -0913 Dear City of South Miami: I have successfully owned and operated a specialized BMW repair facility at 5781 -83 Commerce Lane since 1995. We are proud to have always maintained a professional, safe and clean working environment. As a point of information all of our customer's cars are kept inside overnight. We are also pleased to be a part of the City of South Miami Commercial District. At this time l am seeking a permit to operate an automotive structure repair facility to be located at 5794 Commerce Lane, across the street from my present business,_ which I will operate with the same traditions of business management. I respe'. ully ri„gpje-at your approval so we can continue to increase the tax base and growth of community and business. Sincerely, l Michael Alvarez, Presid6nt Mike's Beemer Shop DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 29, 2002 City Commission Chambers 7 :30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:32 P.M. Action: The Pledge of Allegiance was recited in unison. IL Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Comendeiro and Ms. Yates. City st -a "present: Richard G. Lorber (Planning Director), Luis Figueredo '(City Attorney), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary).. Mr. Morton performed the swearing in of the speaker present. III. Public Hearings Applicant: - - Michael Alvarez Request: A RESOLUTION OF THE _ MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A ",QUEST PURSUANT TO SECTION 20- 3.4(A) OF THE, LAND DE.':`,ZE- LOPMENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE. Action: Ms. Yates read the request into the record and staff presented the' proposal. Present: Michael Alvarez, applicant Robert Hughes, speaker in favor of proposal. Planning Board Meeting January 29, 2002 Page 2 of 4 The Board, . staff and the applicant discussed the request and issues such as painting and the use of hydraulic jacks were brought up. The applicant explained that all the work will be performed indoors, they presently have four hydraulic jacks, but they do not perform any painting on site. The applicant advised that he had no problem with the proposed conditions. Motion: Mr. Illas moved to approve the request for special use, and Ms. Gibson seconded the motion, with the following conditions as recommended by staff: 1) Automobile repair work shall only be allowed inside the building. 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Commerce Lane. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons - residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements, in the neighborhood, or to be not in compliance with other apply 'aNe Code provisions, the special use approval may be modified or revoked by tine City Commission upon notification and public hearing. jVote: Ayes 7 Nays 0 C PB -02 -002 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND f DEVELOPMENT CODE BY REVISING SECTION 20 -4.10 ENTITLED "GARAG.s'" SALE," IN ORDER TO CLARIFY THE PROOF OF PROPERTs' OWNERSHIP OR LEASE AND NOTIFICATION OF NEIGHBORING RESIDENTS REQUIRED FOR A GARAGE SALE PERMIT; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the proposal. The Board and staff discussed the proposal, which will simplify and clarify the regulations governing "garage sales" (Sec.20 -4.10) contained in the Land Development Code. The proposed amendments pertain to "proof of ownership" and "notification of residents." Planning Board Meeting January 29, 2002 Page 3 of 4 The Board also recommended an additional amendment, to increase the number of garage sales allowed per each calendar year from "two to "four." Motion: Mr. Illas moved to approve the proposal to amend the Land Development Code (Sec.20 -4.10) governing "garage sales, with the following amendments recommended by staff, and Ms. Gibson seconded the motion: (b) Proof of ownership or lease of property_(deed, lease, utility bill or other LD.). (e) Notification of residents ofproperties on both sides of applicant. The City shall provide the applicant with a standard notification letter which must be delivered by the applicant to the abutting residents prior to the gardze sale. Further, Mr. Illas also recommended the following amendment to the above- referenced proposed ordinance: (5) A garage sale shall be held only between the hours of 9:00 a.m. to 5: 00 p. m. Personal property shall be exhibited or displayed only within established setbacks. A sale may be held ,4ve our times only, no more than for one weekend` including Friday, per each calendar year, Vote: Ayes 7 Nays 0 V. Approval of Minutes Action: The Board duly voted on and approved the minutes of November 27, 2001. Vote: Ayes 7 Nays 0 VI) Remarks /Discussions Action: Board and staff remarks / discussions included but were not limited to: (1) Mr. Mann asked staff to look into the possibility of limiting the construction hours within residential areas; (2) Mr. Mann also recommended the use of some type of traffic calming on streets approaching roads under construction throughout the City; (3) Mr. Mann also asked staff to look into the possibility to purchase the adjacent properties on the north side of Murray Park. One of the reasons being that the gym of the Multipurpose Center might be too close to the neighbors, which could result in future complaints. In addition; it will allow the City the opportunity to enhance the surrounding areas of the Park, which promises to be a landmark for the City; (4) Ms. Gibson referred to the barricaded street adjacent to Murray Park (issue brought before the Board at its meeting of October 30, 2001, by resident Mercedes Asher, residing at 5860 SW 66 `n St.). Staff explained that Planning Board Meeting January 29, 2002 Page 4 of 4 there are plans for a landscaped entrance to the Park, and that SW 66th will be a one -way traffic street. (5) Ms. Gibson also expressed the need for the City to adopt a "pooper scooper" ordinance; (6) Mr. Illas requested staff to verify whether there is an ordinance in place governing "dog barking." (7) Mr. Comendeiro asked the City's attorney if a City, in the absence of a regulation, could enforce a County regulation. Mr. Figueredo advised that this is generally not done, unless the City has adopted the specific County regulation. VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:31 PM. RGL /mmm K: \PB \PB Minutes\2002 Minutes \MINS 01- 29- 02.doc MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County; Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING 2/19/02 RES. RELATING TO A REQUEST PURSUANT TO SECTION 20 -3.4 A in the XXXX Court, was published in said newspaper in the issues of 02/08/2002 Affiant further says tnatthe said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has ne :, .er paid, .n,- .,-.r: omT .^ied �ni-pe:a Gr ;0, pC 4!on any discount, reb e, corn or refund for the purpose of securing thi adve — ent for publication in the said newspaper. Sworn to And suospribed befo 08 da4 of FEWUARY _ / /X A!D. 2002 f;SEAL) OFFICIALNCfTAKYSEAAL — JA,N .i 1 LLFR N.A O.V. FERBEYRE persona N0j:)M1Qb1 ,iC STXFF,!D7 . "iRI A COMMISSION NO. CC �g CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, February 19, 2002, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consid- er: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(A) OF THE LAND DEVELOP - MENT CODE FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN THE 'TODD (LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT IN- DUSTRIAL-4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE; PROVIDING AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning De- partment at 305- 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or commission with respect to any matter considered at its meet - ing 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 evi- dence upon which the appeal is to be based. 2/8 02- 3- 75/235641M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor Date: February 15, 2002 and City Commission From: Charles D. Scurr Subject: Agenda Item #_ City Manager Commission Meeting 2/19/02 Acceptance of a $200,000 SNP Grant for the purchase of the Hammock House Property REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SAFE NEIGHBORHOOD PARKS (SNP) GRANT IN THE AMOUNT OF $200,000 TO BE USED TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Last October the City of South Miami submitted a grant application to the Miami -Dade County Trust for Safe Neighborhood Parks. This competitive program awarded funds for park land acquisition projects. In December the City was awarded $200,000 toward the purchase of the Hammock House Property. Any funds spent would have to be matched dollar- for - dollar. Last October the City was awarded a $150,000 grant from the Land & Water Conservation Fund Grant Program via the Florida Department of Environmental Protection. Once all legal issues are resolved, the City will proceed with the property appraisal process The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. The attached contract is a sample contract indicative of the one we would receive for this project; the City would have 3 years from the effective date to purchase the property. RECOMMENDATION Your approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A SAFE 5 NEIGHBORHOOD PARKS (SNP) GRANT IN THE AMOUNT OF $200,000 TO BE USED 6 TOWARD THE PURCHASE OF THE HAMMOCK HOUSE PROPERTY; 7 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS 8 AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the Trust for Safe Neighborhood Parks (SNP) helps communities to meet 11 their recreational needs; and 12 13 WHEREAS, the City of South Miami submitted an application to obtain $200,000 14 toward the purchase of the Hammock House Property for the establishment of the City's newest 15 park; and 16 17 WHEREAS, the Trust for Safe Neighborhood Parks has awarded the City $200,000 18 toward the purchase; and 19 20 WHEREAS, the grant requires a dollar- for- dollar match that would consist of the 21 $150,000 Land & Water Conservation Fund Grant as well as a City fund to be determined later; 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 accept an SNP grant in the amount of 27 $200,000. 28 29 Section 2. The City Manager is authorized to execute contracts and documents 30 applicable to the acceptance of the SNP Grant. 31 32 Section 3. This resolution shall take effect immediately upon arrival. 33 34 PASSED AND ADOPTED this day of , 2002. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 Commission Vote: 42 READ AND APPROVED AS TO FORM: Mayor Robaina: 43 Vice Mayor Feliu: 44 Commissioner Bethel: 45 Commissioner Russell: 46 Commissioner Wiscombe: 47 CITY ATTORNEY Agreement 4 IE 02- SAFE NEIGHBORHOOD PARKS BOND PROGRAM INTEREST EARNINGS AGREEMENT This Agreement, made this day of ' 200_ , by and between Miami -Dade County, a political subdivision of the State of Florida (County) through its Office of Safe Neighborhood Parks (Office), located at 10710 S.W. 211 Street, Room 109, Miami, FL 33189, and City of South Miami (Grantee) having offices at 6130 Sunset Drive, South Miami, FL 33143 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond project ( Project(s)) for the County. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bonds for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida enacted Ordinance 96 -115, the Safe Neighborhood Parks Ordinance; and WHEREAS, it is necessary and desirable to improve the quality of life, to preserve property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the project(s) listed herein have been identified for reimbursement pursuant to the terms of the Ordinance; NOW, THEREFORE, the parties agree as follows: I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or costs shall be made in accordance with the Budget(s) which is incorporated and attached as Exhibit(s). (See Section XVII). IL ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation Grants, Challenge Grants, and Interest Earnings, and the Bond Ordinance, copies of which have been provided the Grantee by the Office. Without limiting the generality of the preceding sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, l OB); Breach of Agreement (Rules, 1O13(6) & I IF); Termination (Rules, 1 IF); Prohibited Use of Funds (Rules, 1OD4); Required Documentation (Rules, 11D & 12); Operating Funds (Ord., Sec. 5(b)(1)); ',fit. Completion of Project and Supplemental Funding (Rules, I0B(15)); and Audits (Ord., Sec. 13 & Rules, I1A). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from April 15, 2002 to April 14, 2005 . Failure by the Grantee to complete the project by the aforementioned date, unless extended, shall be cause for the County to terminate this Agreement: IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $ unless otherwise amended. V. FUNDING COMMITMENT. In the event that the'project(s) requires further funding, funding for subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami -Dade County, Florida, with no representation that funds will be forthcoming. VI. FUNDING REQUIREMENTS & REGULATIONS. A. Establishment of residency requirements, imposition of non - resident fees, or failure of the Grantee to comply with any other conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee (Oversight Committee) shall be cause for the County to terminate this Agreement unless an exception is granted by the Oversight Committee. VII. CONDITIONS OF AWARD A. Completed facility construction will have a permanent plaque, approved by the Oversight Committee, as to material, form, and content, affixed to the facility noting funding through the Safe Neighborhood Parks bond program. B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with the current South Florida Building Code specifications for such facilities. VIII. INDEMNIFICATION BY GRANTEE. A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the 2 County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity 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 judgment or portion thereof, which, when totaled with all other claims or judgment or paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. IX. INSURANCE. A. Government Entity. If the Grantee is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter I IA, Article IV of the Code of Miami -Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C., Section 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the Grantee must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Grantee. Any agreement entered into based upon a false affidavit shall be voidable by the County. If the Grantee violates any of the Acts during the term of any agreement the Grantee has with the County, such agreement shall be voidable by the County, even if the Grantee was not in violation at the time it submitted its affidavit. XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami - Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XII. INDEPENDENT PRIVATE - SECTOR INSPECTOR GENERAL. The County shall have the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the services of an independent private - sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Grantee and County in connection with this agreement. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Agreement; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials. Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Grantee's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Agreement, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, bid and agreement documents, back - charge document, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct an audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIII. OFFICE OF THE MIAMI -DADE INSPECTOR GENERAL. Pursuant to Ordinance No. 97 -215, the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to report and /or recommend to the Board of County Commissioners whether a particular project, program, agreement or transaction is or was Ell necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change, order. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory random audits, as well as audit, investigate, monitor, oversee, inspect and review the operations, activities and performance and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities, of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County of any audit performed under Section XI "Independent Private - Sector Inspector General ". The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified /return receipt) or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the Grantee and mailed ( certified /return receipt) of delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, 11 F). 5 XVII. MISCELLANEOUS. A. Governing Law. The Grantee agrees to comply with all applicable federal, state and county laws, rules and regulations which are incorporated by reference or fully set forth. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall be Miami -Dade County, Florida. B. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. C. Counterpart. This Agreement is signed in 4 counterparts, and each counterpart shall constitute an original of this Agreement. D. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. E. Agreement Contact. The County's representative for this agreement is Beverly N. Mirman, D.P.A. The Grantee's representative for this agreement is F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as the method to claim eligible fringe benefit costs pursuant to Section 10 (D) (2) (c) of the Rules, such percentage shall not exceed %.' This percentage shall be demonstrated to the reasonable satisfaction of the County. Documentation in support of this percentage shall be submitted to the Office for approval contemporaneously with the execution of this Agreement. G. Subcontracts. Any subcontracts written under the provisions of the Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County. H. Totality of Agreement / Severability of Provisions. This page Agreement with its recitals on the first page of the agreement and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment 1: Miami -Dade County Affidavits Exhibit(s) 1 through -- : Approved Project(s) and Budget(s) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney APPROVED AS TO FORM: City Attorney ATTEST: Harvey Ruvin, Clerk By: Deputy Clerk MIAMI -DADE COUNTY Steve Shiver, County Manager CITY OF SOUTH MIAMI a municipal corporation in the State of Florida City Executive Officer 7 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: February 19.2002 City Commission From: Charles Scurr RE: LDC Amendment City Manager Garage Sale Regulations Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -4.10 ENTITLED "GARAGE SALE," IN ORDER TO CLARIFY THE PROOF OF PROPERTY OWNERSHIP OR LEASE AND NOTIFICATION OF NEIGHBORING RESIDENTS REQUIRED FOR A GARAGE SALE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Land Development Code contains regulations governing "garage sales" (Sec.20- 4.1.0). The issuance of a garage sale permit is handled by the Finance Department at the cashier's window. The LDC limits garage sales to twice a year in single family and townhouse zoning districts only. The regulations also specify who can apply for a permit, permitted hours of operation, size and location of signs, and notification requirements. Based upon comments received, the City Commission recently expressed concerns that certain requirements in the Code needed clarification, resulting in the legislation proposed in this report. PROPOSED AMENDMENTS (A) Before a permit is issued the applicant must provide proof that they own or lease the property at which the sale is to take place. The Finance Department currently requires the applicant to show a property ownership deed, or a rental agreement. This procedure has proven to be burdensome in some cases, and has prevented legitimate sales from being held. In order to simplify and clarify the regulations, the City's required proof of residency could be satisfied by the showing of a utility bill, or other identification document. The following revision (in bold) is proposed: "(2) Before such permit shall be issued, the applicant shall file with the Finance Department an application containing the following information: (a) Street address or legal description where such sale is to be conducted. (b) Proof of ownership or lease of property (deed, lease, utility bill or other LD.)." (B) The LDC currently requires the applicant to notify residents on both sides of the sale. The regulations do not specify as to the form of the notice, as to when it is to be given or what information is to be transmitted. This has led to some misunderstandings and complaints. Notification is basically on the LDC Amendment — Garage Sale February 19, 2002 Page 2 honor system; however, it is probably not feasible for the City to assume an ongoing oversight role as far as notification is concerned. However, the situation could be clarified and improved by having applicants, prior to the date of the sale, be required to distribute to the neighboring properties a City prepared form letter. The form letter would provide standard information about the specific sale and the governing regulations (hours of operation, signage allowed, phone number to call if there are violations, etc.). The following revision (in bold) is proposed: "(2) Before such permit shall be issued, the applicant shall file with the Finance Department an application containing the following information: (e) Notification of residents of properties on both sides of applicant. The ON shall provide the applicant with a standard notification letter which must be delivered by the applicant to the abuttinm residents prior to the tare a sale.' It is important to note that the ordinance also requires that the official City Garage Sale permit to be posted prominently at the site of the sale. The combination of the delivery of an official City notification letter,(see attached draft notification letter), as well as the posted permit, should be enough to fully apprise neighbors of the pending Garage Sale, while helping the applicant to simply and easily comply with the requirements of the ordinance. PLANNING BOARD ACTION The Planning Board at its January 29, 2002 meeting recommended approval of the two amendments set forth above (A) (B), and further recommended that the section of the garage sale regulations limiting the number of sales to two per year be changed to four times per year. (5) A garage sale shall be held only between the hours of 9: 00 a. m. to 5: 00 p. m. Personal property shall be exhibited or displayed only within established setbacks. A sale may be held €ww four 4 times only, no more than for one weekend including Friday, per each calendar year. A motion recommending approval of all three amendments was made by Mr. Illas and seconded by Ms. Gibson. The motion was approved by a vote of 7 -0. RECOMMENDATION The Administration is concerned about the Planning Board's supplemental recommendation to allow four garage sales per year. Garage sales can generate considerable traffic and parking problems and be overall disruptive to the peace and quite of residential neighborhoods. The additional garage sales permitted may act as an encouragement for residents to sell merchandise or property items which are not from the household where the sale is taking place. For the above reasons, the Administration is recommending that the amendments as shown above and in the attached draft ordinance be approved, excluding the Planning Board proposal to permit four garage sales per year. The two amendments being recommended are "user- friendly," and will help applicants to comply more easily with the requirements of the garage sale ordinance. Attachments: Proposed Ordinance Sample of Garage Sale Application Material Draft of neighbor notification letter Planning Board Minutes 1 -29 -02 Copies of Public Notices CS/RGL /SA D: \Comm Items \2002 \02 -19 -02 \LDC Amend- Garage Sale Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -4.10 ENTITLED "GARAGE SALE," IN ORDER TO CLARIFY THE PROOF OF PROPERTY OWNERSHIP OR LEASE AND NOTIFICATION OF NEIGHBORING RESIDENTS REQUIRED FOR A GARAGE SALE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Garage Sales," and, WHEREAS, the current regulations require applicants to provide proof of ownership or lease and notification of neighbors in order to be able to apply for a permit to hold a garage sale within the City, and, WHEREAS, the City Commission has discussed improving the neighbors notification process and clarifying the regulations by specifying that acceptable proof of ownership of lease may include a deed, a lease, a utility bill, or other suitable identification, and has directed that the amendments should be forwarded to the Planning Board for review and recommendation; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board on January 29, 2002, at which time the Planning Board voted 7 -0 to recommend approval of the proposed amendments to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -4.10 entitled "Garage Sale," of the City's Land Development Code, is hereby amended to read as follows: 20 -4.10 Garage Sale. (A) Applicability. Garage sales shall be permitted in a RS- Single Family Residential District and a RT- Townhouse District subject to the following conditions and restrictions: Page 1 of 3 1 (1) No garage sale shall be conducted until and unless a permit shall have been obtained 2 from the Finance Department of the City of South Miami. Only the owner or 3 lessee of the property upon which the garage sale is being conducted may obtain. 4 such permit. 5 6 (2) Before such permit shall be issued, the applicant shall file with the Finance Department 7 an application containing the following information: 8 9 (a) Street address or legal description where such sale is to be conducted. 10 11 (b) Proof of ownership or lease of property (deed, lease, utility bill or other I.D.). 12 13 (c) Dates of sale. 14 15 (d) Hours of sale. 16 17 U Notification of residents of properties on both sides of applicant. The City shall 18 provide the applicant with a standard notification letter which must be 19 delivered by the applicant to the abutting residents prior to the garage sale. 20 21 (3) Upon verification and compliance with the provisions of this section, the Finance 22 Department shall issue a permit the same day which shall designate the location 23 of the sale and the days upon which the sale shall be conducted. 24 25 (4) Only one sign complying Section 20- 4.3(I) of the Land Development Code (not 26 exceeding two square feet in size) may be displayed on the property where such 27 sale is being conducted. The sign shall not be erected or placed closer than five 28 feet to the front or side property line. The sign shall not be affixed to a tree or 29 utility pole. 30 31 (5) A garage sale shall be held only between the hours of 9:00 a.m. to 5:00 p.m. Personal 32 property shall be exhibited or displayed only within established setbacks. A sale 33 may beheld two times only, no more than for one weekend including Friday, per 34 each calendar year. 35 36 (B) Enforcement. The garage sale permit shall be prominently displayed from the front of the 37 building from which such sale is conducted. Upon the request of any Code Enforcement 38 Officer of the City of South Miami, the owner or lessee of the property shall exhibit such 39 permit. 40 41 By making application for a garage sale permit, accepting a permit and conducting a sale, 42 the owner or lessee of the property to whom the permit is granted, authorizes any Code 43 Enforcement Officer of the City of South Miami to enter upon the property for the 44 purpose of determining that the sale is being conducted in accordance with the provisions 45 of this section. 46 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading - 2 °d Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Felieu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: NOTE: New wording in bold, underlined; wording to be removed indicated by strike through-. Page 3 of 3 Q CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 (305) 663 -6343 FAX (305) 663 -6346 Dear Resident: Thank you for your interest in obtaining a garage sale permit. Please read the requirements below very carefully before completing the attached application. In compliance with City Ordinance No. 6-98-1654 these requirements must be met before the application is considered for approval. • Street address or legal description where sale is to be conducted. • Proof of ownership (deed) or Proof of lease of property (rental agreement) • Date and Time of sale • Duration of sale i.e. One hour, two hours etc... • Copy of notification given to residents of properties on both sides of applicant To avoid Code Enforcement violations, thoroughly read the permit before conducting the sale. Thank you, City of South Miami Finance Department (305) 663 -6343 "City of Pleasant Living" CITY OF SOUTH MIAMI FINANCE DEPARTMENT 6130 SUNSET DRIVE, SOUTH MIAMI, FL 33143 (305) 663 -6343 GARAGE SALE PERMIT APPLICATION APPLICANT NAME: PHONE: PROPERTY ADDRESS: ADDRESS OF SALE (IF DIFFERENT FROM ABOVE): NEIGHBORS NOTIFIED (MARK ONE) YES 0 NO [] REASON: DATE OF SALE: DURATION OF SALE: BY MAKING APPLICATION FOR A GARAGE SALE PERMIT, ACCEPTING A PERMIT AND CONDUCTING A SALE, THE OWNER OR LESSEE OF THE PROPERTY TO WHOM THE PERMIT IS GRANTED, AUTHORIZES ANY CODE ENFORCEMENT OFFICER OF THE CITY OF SOUTH MIAMI TO ENTER UPON THE PROPERTY FOR THE PURPOSE OF DETERMINING THAT THE SALE IS BEING CONDUCTED IN ACCORDANCE TO SECTION, 20 -3, SECTION 20 -4.3, paragraphs (1) (1), (1) (2), OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT REGULATIONS AND CITY OF SOUTH MIAMI ORDI71 'ANCE NO. 6-98-1654 WHICH STATE THE FOLLOWING: Section 20 -3 Garage Sale. Shall mean the sale of personal property from a residence in an RS- Single Family Residential District and a RT- Townhouse District. The sale of personal property not in excess of five items in number, provided that the items are specifically named or identified an advertisement published in a newspaper of general circulation, or the sale of personal property is pursuant to an order or process of a court, shall not be construed as a garage sale. Section 20 -4.3- (1)(1) RS- Single Family Residential Districts. One (1) GARAGE SALE SIGN is permitted per single•farnily residential dwelling unit, two -times only for two weekends including Friday only, per each calendar year, not to exceed two (2) square feet in area. Said sign may only be erected on the private property where the garage sale is to be located from sunrise to sunset. Section 204.3- (1)(2) Rl-- Townhouse Districts. One (1) GARAGE SALE SIGN is permitted per single - family residential dwelling unit two -times only for two weekends including Friday only, per each calendar year, not to exceed two (2) square feet in area. Said sign may only be erected on the private property where the garage sale into be located from sunrise to sunset. A garage sale shall be held only between the hours of 9:00 a.m. to 5:00 p.m. Personal property shall be exhibited or displayed only within established setbacks. Upon request, the applicant must present the approved permit to any Code Enforcement Officer. APFEICAN I NIUNA I U R'J OFFICIAL CITY USE ONLY: APPROVED: DISAPPROVED: - -- REASON: CITY OF SOUTH NIIANII O o z o Q w U d O d Q H w� c�O^^ V1 aw W C4 G am W cn p - 0 H z �O �C 0 O O H Q O � a z zQ z w boo n 0 H L1 > d W � U H Q T ZD ' Quo ,w `/WUO � Z W aQa00U P4 Q MMA GARAGE SALE NOTICE Please be advised that the City of South Miami has issued a weekend garage sale permit for the following address: (please print or type) • Name of Resident Holding Garage Sale • • Phone Number of Resident Holding Garage Sale • Address of Garage Sale • Dates of Sale: Friday Saturday Sunday The South Miami Land Development Code (Zoning Code) requires the resident who is holding a garage sale to deliver this notice to the neighbors living on each side of his /her property, prior to the start of the sale. The following Code regulations must be followed by any resident conducting a garage sale: (1) A resident may hold a garage sale only two times in a calendar year; (2) A garage sale can only be held between 9:00 AM to 5:00 PM on the days specified above; (3) A sign advertising the garage sale must not be larger than two square feet in size and can only be located on the property where the sale is being conducted. The sign must be at least five feet back from the front or side property lines and can not be attached to a tree or utility pole; (4) A garage sale permit issued by the City must be displayed and visible from the front of the building on the property where the sale is taking place. City of South Miami Police Department 305- 663 -6301; City of South Miami Code Enforcement Division 305- 668 - 7335. Permit issued by City of South Miami Finance Department 305 -663 -6343 DRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 29, 2002 City Commission Chambers 7:30 P.M. L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:32 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton performed roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr. Morton, Ms. Gibson, Mr. Comendeiro and Ms. Yates. City stafi'present: Richard G. l_r ber (Planning Director), Luis Figueredo (City Attor -. y), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician) and Maria M. Menendez (Board Secretary). Mr. Morton performed the swearing in of the speaker present. III. Public Hearings PB -02 -001 Applicant: Michael Alvarez Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SEC 16N 20= 3.4(A) OF THE LAND DEVELOPMENT CODIF FOR SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR FACILITY _ IN THE "TODD(LI -4) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED 5794 COMMERCE LANE. Action: Ms. Yates read the request into the record and staff presented the proposal. Present: Michael Alvarez, applicant Robert Hughes, speaker in favor of proposal. Planning Board Meeting January 29, 2002 Page 2 of 4 The Board, staff and the applicant discussed the request and issues such as painting and the use of hydraulic jacks were brought up. The applicant explained that all the work will be performed indoors, they presently have four hydraulic jacks, but they do not perform any painting on site. The applicant advised that he had no problem with the proposed conditions. Motion: Mr. Illas moved to approve the request for special use, and Ms. Gibson seconded the motion, with the following conditions as recommended by staff: 1) Automobile repair work shall only be allowed inside the building. 2) Automobiles remaining on the property overnight shall be stored inside the building. 3) Wreckers and tow trucks delivering vehicles to the subject property shall not block the traffic lanes of Commerce Lane. 4) If the subject auto repair facility is, in the future, determined by the Director of Planning & Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in cor"pliance with other applicable Code provisions, the special use approval maybe modified or revoked by the City Commission upon notification and public' hearing. Vote: Ayes 7 Nays 0 PB -02 -002 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND' THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -4.10 ENTITLED "GARAGE SALE," IN ORDER TO CLARIFY'' THE PROOF" OF PROPERTY OWNERSHIP OR LEASE AND NOTIFICATION OF NEIGHBORING RESIDENTS REQUIRED FOR A GARAGE SALE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES' IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. Illas read the request into the record and staff presented the proposal. The Board and staff discussed the proposal, which will simplify and clarify the regulations governing "garage sales" (Sec.20 -4.10) contained in the Land Development Code. The proposed amendments pertain to "proof of ownership" and "notification of residents." Planning Board Meeting January 29, 2002 Page 3 of 4 The Board also recommended an additional amendment, to increase the number of garage sales allowed per each calendar year fro "two" to "four. Motion: Mr. Illas moved to approve the proposal to amend the Land Development Code (See.20- 4.10) governing "garage sales, with the following amendments recommended by staff, and Ms. Gibson seconded the motion: (b) Proof of ownership or lease of property_(deed, lease, utility bill or other LD.). (e) Notification of residents of properties on both sides of applicant. The City shall provide the applicant with a standard notification letter which must be delivered by the applicant to the abutting residents prior to the garage sale I Further, Mr. Illas also recommended the following amendment to the above- referenced proposed ordinance: (5) Agarage sale shall be only between the hours of 9: 00 a. m. to 5; 00 p. m. j Personal property shall be exhibited or displayed only within established setbacks. A sale may be held e our times only, no more than, for one weekend including Friday, per each calendar year. Vote: Ayes 7 Nays 0 V. Approval of Minutes Action: The Board duly voted on and approved the minutes of November 27, 2001. Vote: Ayes 7 Nays 0 VI. Remarks /Discussions Action: Board and staff remarks / discussions included but were not limited to: (Y) Mr. Mann asked staff to look into the possibility of limiting the construction hours within residential areas; (2) Mr. Mann also recommended the use of some type of traffic calming on streets approaching roads under construction throughout the City; (3) Mr. Mann also asked staff to look into the possibility to purchase the adjacent ' properties on the J P p north side of Murray Park. One of the reasons being that the gym of the Multipurpose Center might be too close to the neighbors, which could result in future complaints. In addition, it will allow the City the opportunity to enhance the surrounding areas of the Park, which promises to be a landmark for the City; (4) Ms. Gibson referred to the barricaded street adjacent to Murray Park (issue brought before the Board at its meeting of October 30, 2001, by resident Mercedes Asher, residing at 5860 SW 661h St.). Staff explained that Planning Board Meeting January 29, 2002 Page 4 of 4 there are plans for a landscaped entrance to the Park, and that SW 66th will be a one -way traffic street. (5) Ms. Gibson also expressed the need for the City to adopt a "pooper scooper" ordinance; (6) Mr. Illas requested staff to verify whether there is an ordinance in place governing "dog barking." (7) Mr. Comendeiro asked the City's attorney if a City, in the absence of a regulation, could enforce a County regulation. Mr. Figueredo advised that this is generally not done, unless the City has adopted the specific County regulation. VIL Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at approximately 8:31 PM. RGL /mmm K: \PB \PB Minutes \2002 Minutes \MINS 01- 29- 02.doc i i i 4 City of South Miami 5 Special City Commission Minutes 6 February 13, 2002 7 8 CALL TO ORDER 9 10 The City Commission of the City of South Miami, Florida met 11 in special session on Wednesday, February 13, 2002, beginning at 12 8:00 p.m., in the City Commission Chambers, 6130 Sunset Drive. 13 14 The following members of the City Commission were present: 15 Mayor Julio Robaina, Vice Mayor Horace G. Feliu and Commissioners 16 Mary Scott Russell, David D. Bethel and Randy G. Wiscombe. 17 18 Also in attendance were: City Manager Charles D. Scurr, 19 Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop 20 and City Clerk Ronetta Taylor. 21 22 A. Invocation: 23 24 Reverend Williams, Pastor of St. John A.M.E. Church 25 delivered the Invocation. 26 27 B. Pledge of Allegiance: 28 29 The Pledge of Allegiance was recited in unison. Officer 30 Henry Guzman also performed a powerful rendition of the Star 31 Spangle Banner. 32 33 Judge David Miller was acknowledged and provided an 34 opportunity for comments. Mayor Robaina shared that Judge Miller 35 had adopted the same philosophy as South Miami, which was letting 36 the public speak. (Judge Miller was on hand to swear in 37 candidates). 38 39 Miami - Dade County Commissioner Jimmy Morales was 40 acknowledged and provided an opportunity for comments. 41 Commissioner Morales congratulated the incumbents on their 42 reelection to public office. He further voiced his commitment to 43 work with the City of South Miami for the good of all concerned. 44 45 Sweetwater Mayor Diaz was acknowledged and provided an 46 opportunity for comments. Mayor Diaz too congratulated the 47 incumbents on their election win. 48 SPECIAL CITY COMMISSION 1 MINUTES - February 13, 2002 1 Mr. John Rivera, President of the Miami -Dade County Police 2 Benevolent Association presence was acknowledged. 3 4 Mr. Russ Marchner, Executive Director of Miami -Dade League 5 of Cities presence was acknowledged. 6 7 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 8 9 RESOLUTION (S) 10 11 RESOLUTION NO. 21 -02 -11370 12 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; 14 CANVASSING THE ELECTION RETURNS OF THE GENERAL ELECTION 15 HELD ON FEBRUARY 12, 2002, FOR THE PURPOSE OF ELECTING 16 A MAYOR, COMMISSIONERS FOR GROUP I AND IV; DECLARING 17 RESULTS OF SAID ELECTION; PROVIDING AN EFFECTIVE DATE 18 3/5 19 20 Moved by Mayor Robaina, seconded by Commissioners Russell 21 and Bethel to approve this item. 22 23 Clerk Taylor advised that a Provisional Ballot was cast 24 during the Feb. 12, 2002 General Election. This ballot was taken 25 to the Miami -Dade County Election Division, where it was later 26 determined by Mr. Leahy the Supervisor of Election for Miami Dade 27 County, to be valid. The ballot was counted with the results 28 changing the total number of votes received by Mayor Robaina from 29 1,353 to 1,354. It also changed- the total number of votes 30 received by Commissioner Russell from 1,023 to 1,024. 31 32 There, being no further discussion the motion passed by a 5- 33 0 vote. 34 35 Commissioner Wiscombe: Yea 36 Commissioner Russell: Yea 37 Commissioner Bethel: Yea 38 Vice Mayor Feliu: Yea 39 Mayor Robaina: Yea 40 41 2. Newly elected Mayor & Commissioners - Oath of Office 42 43 Judge Miller administered the Oath of Office to Mayor Julio 44 Robaina. 45 46 Judge Miller administered the Oath of Office to Commissioner 47 Randy G. Wiscombe. 48 49 Attorney Elizabeth Hutson Clavijo administered the Oath of 50 Office to Commissioner Mary Scott Russell. 51 SPECIAL CITY COMMISSION 2 MINUTES — February 13, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Commissioner Wiscombe thanked his efforts during this election process. congratulated his opponents, Dan McCrea their participation in this democratic voiced his commitment to working with community for the betterment of South Mian supporters for their He also thanked and and Craig Sherar for process. He further all segments of this Li. Commissioner Russell thanked her supports for their efforts during this election process. She expressed her gratitude to the voters for having enough confidence in her to return her to office. She further voiced her commitment to working with the community as a whole. Mayor Robaina thanked all of his supporters and the voters for electing him to office of Mayor for a third time. He emphasized his commitment to this community and pledged continued support of all. RESOLUTION NO. 22 -02- 11371 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO ELECTION; APPOINTING MARY SCOTT RUSSELL TO SERVE AS VICE MAYOR IN SUCH CAPACITY UNTIL FEBRUARY 10, 2004; PROVIDING FOR AN EFFECTIVE DATE. 3/5 Moved by Vice Mayor Feliu, seconded by Commissioners Wiscombe and Bethel to approve this item. There, being no discussion the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Commissioner Russell: Yea Commissioner Bethel: Yea Vice Mayor Feliu: Yea Mayor Robaina Yea Mayor Robaina presented Commissioner Feliu with a plaque for his outstanding contributions while serving as Vice Mayor from 2/08/00 to 2/12/02. Mayor Robaina then presented incoming Vice Mayor, Commissioner Russell with a gavel. Commissioners Feliu and Bethel pledged their continued support to the re- elected incumbents. Mayor Robaina presented City Clerk Ronetta Taylor with an Outstanding Service Award for an exceptional job in coordinating and supervising this General Election. 4. Adjournment SPECIAL CITY COMMISSION 3 MINUTES - February 13, 2002 1 2 4 5 6 7 8 9 10 11 12 13 14 After there was no further business to come before this Body, the meeting adjourned at 8 :57 p.m. Attest: City Clerk SPECIAL CITY COMMISSION MINUTES - February 13, 2002 Approved: 11 Mayor