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07-23-02CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 23, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date; July 30, 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.) Signing of PBA Contract Frenzi Magazine Certificates of Appreciation Tribute to Monroe Zipp REGULAR CITY COMMISSION AGENDA - July 23, 2002 - Zachary Mann and Gary Avins 11 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - June 11, 2002 Regular Meeting June 19, 2002 Special Meeting 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING RICHARD (DICK) WARD TO SERVE ON THE BUDGET REVIEW COMMITTEE; TERMS SHALL EXPIRE OCTOBER 1, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 5. 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 $16,322.90; CHARGING 689.97 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY/ FORECLOSURE; CHARGING $14,751.46 TO ACCOUNT NO. 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $881.47 TO ACCOUNT NO. 608- 1910- 621 - 3100, PROFESSIONAL SERVICES, FORFEITURE PROVIDING AN EFFECTIVE DATE 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $20`,447.84 CHARGING $414.85 TO ACCOUNT NO. 1500 -514- 3435, REAL PROPERTY /FORE- CLOSURE; CHARGING $14,400.24 TO ACCOUNT NO. 1500- 514 -3410, LEGAL SERVICES, NON- RETAINER; CHARGING $5,272.50 TO ACCOUNT NO. 001 -0000- 132 - 2040, 73RD STREET PARKING GARAGE LOAN; AND CHARGING $360.25 TO ACCOUNT NO. 608- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE IN THE AMOUNT OF $3,737.15; CHARGING THE AMOUNT TO ACCOUNT REGULAR CITY COMMISSION 2 AGENDA - July 23, 2002 NO. 1500- 514 -3435, CONTRACTUAL SERVICES, REAL PROPERTY; PROVIDING AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE SOUTH MIAMI POLICE DEPARTMENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF STATE. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACTS, CONCERNING STORM DRAIN CLEANING, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENVIROWASTE SERVICES GROUP INC., FOR AN AMOUNT OF $10,000.00, WITH THE DISBURSEMENT TO COME FROM "STORMWATER TRUST FUND -- CONTRACTUAL SERVICES" ACCOUNT NO. 111-1730-541-3450, FISCAL YEAR 2000/2002 PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 10. 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- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED' - SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS; FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING` FOR,SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND 'PROVIDING AN EFFECTIVE DATE. 4/5 RESOLUTION (S) /PUBLIC HEARING (S) There are none RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE PUBLIC SCHOOLS "PARK LANDS FOR SCHOOLS" POLICY; EXPRESSING OPPOSITION TO THE USE OF PUBLIC PARKS FOR BUILDING SCHOOL FACILITIES; PROVIDING AN EFFECTIVE DATE (Vice Mayor Russell) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL ENGINEERING, ARCHITECTURAL & LAND SURVEYING SERVICES REGULAR CITY COMMISSION 3 AGENDA - July 23, 2002 AGREEMENT WITH NUMBER ONE RANKED FIRM OF CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., FAILING THAT WITH THE SECOND RANKED FIRM OF KUNDE SPRECHER & ASSOCIATES, INC., FAILING THAT TO THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS, INC. FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND - DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 8375 SW 58TH AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A .LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 =4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY RESIDENTIAL," LOCATED AT SW 66TH ST AND SW 60TH AVENUE, SOUTH MIAMI -, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE,: REGARDING THE PROPERTY LOCATED IN THE RS -3 -LOW DENSITY RESIDENTIAL," LOCATED AT 5989 SW 83RD STREET. SOUTH MIAMI, FLORIDA 33143 PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING 16 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROPERTY; ABANDONING A PORTION OF THE RIGHT -OF -WAY FOR S.W. 84TH TERRACE; PROVIDING FOR REVERTER OF TITLE TO ADJACENT PROPERTY OWNERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 4/5 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 REGULAR CITY COMMISSION 4 AGENDA July 23, 2002 SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY 'LAW. REGULAR CITY COMMISSION Jr AGENDA - July 23, 2002 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: July 23, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Budget Review Committee Appointment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING RICHARD (DICK) WARD TO SERVE ON THE BUDGET REVIEW COMMITTEE; TERM SHALL EXPIRE OCTOBER 1, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS While serving on the City's Ad Hoc Budget Advisory Committee, Mr. Ward's expertise and valuable knowledge of the City's finances was most beneficial to the City Commission and administration. The attached resolution sponsored by Mayor Robaina officially appoints Richard (Dick) Ward to the Budget Review Committee. Term shall expire October 1, 2002 or until a successor is duly appointed and qualified. Ordinance No. 29 -01 -1760, adopted October 16, 2001, created the Budget Review Committee for the purpose of providing advice and making recommendations to the Mayor and City Commission and to the administration regarding the adoption and implementation of financially sound annual budget. RECOMMENDATION Approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING RICHARD (DICK) WARD TO SERVE ON THE BUDGET REVIEW COMMITTEE; TERMS SHALL EXPIRE OCTOBER 1, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the Mayor and City Commission value citizen review and advice regarding the approval of the annual budget for the City and the implementation of the budget; and WHEREAS, Ordinance No. 29 -01 -1760, adopted October 16, 2001, created the Budget Review Committee for the purpose of providing advice and making recommendations to the Mayor and City Commission and to the administration regarding the adoption and implementation of financially sound annual budget; and WHEREAS, the Mayor and City Commission desire to appoint Richard (Dick)' Ward to the Budget Review Committee. This appointment shall expire October 1, 2002 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Connnissioner hereby appoints Richard (Dick) Ward to the Budget Review Committee. Section 2. The expiration date for this appointment shall expire October 1, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: Additions shown by;underlininu and deletions shown by ever-striking. �• J'V1/lll 1Y11it L11 F 1 o r i d a y .w•S �+ dAr's all 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663.6348 1. Name: d AdTP I [WAW P 1e print) V2. Home Address; 3. Business Address: 4. Home Phone No. 3t�5'-`G.(o "� /y 5l Business Phone No. Fax No. S. E -mail Address: Uonle,&O s'� 6. 6L �JO 1 14'bl�, CDlvt 6. Education Background: 7. Community Service: / RcAG671'�an.�nq (�rS �4C� t • .6 c,^ S'o ytl, M j'4-A4f DN> j_d W AAA ' fi 8. Are you a registered voter? E Yes ✓ 9. Are you a resident of the City? Yes 10. Do you have a business in the City? Yes 11. Ethnic Origin? % White Non-Hispanic— African American — Hispanic American_ Other Signature Dater Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 No No No J To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 19, 2002 Agenda Item Commission Meeting July 23, 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 $16,322.90; CHARGING 689.97 TO ACCOUNT NO. 1500- 514 =3435, REAL PROPERTY/FORECLOSURE; CHARGING $14,751.46 TO ACCOUNT NO. 1500 -514- 3410, ' LEGAL SERVICES, NON - RETAINER; AND CHARGING $881.47 TO ACCOUNT NO. 608 - 1910 -621- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE The attached resolution is for Legal Services for the City Attorney for the period ending May 31, 2002 in the total amount of $ 16,322.90 The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500 -514 -3435 Professional Services - Account # 608 - 1910- 521 -3100 CRA Fund — General Legal Account #610-1120-554-3415 Code Enforcement Available Balance This Invoice $ 3,200.00 $ 689.97 $ 2,000.00 $ 881.47 South Miami F l o r i d a 2001 J To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 19, 2002 Agenda Item Commission Meeting July 23, 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 $16,322.90; CHARGING 689.97 TO ACCOUNT NO. 1500- 514 =3435, REAL PROPERTY/FORECLOSURE; CHARGING $14,751.46 TO ACCOUNT NO. 1500 -514- 3410, ' LEGAL SERVICES, NON - RETAINER; AND CHARGING $881.47 TO ACCOUNT NO. 608 - 1910 -621- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE The attached resolution is for Legal Services for the City Attorney for the period ending May 31, 2002 in the total amount of $ 16,322.90 The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500 -514 -3435 Professional Services - Account # 608 - 1910- 521 -3100 CRA Fund — General Legal Account #610-1120-554-3415 Code Enforcement Available Balance This Invoice $ 3,200.00 $ 689.97 $ 2,000.00 $ 881.47 Account #1500 -514 -3452 $ 4,986.34 $ 876.50 Telecommunications Account #1500 -514 -3420 $ 5,420.00 $ Legal Services Non Retainer $ 30,000.00 $ 14,751.46 Account # 1500 -3410 A detailed Billing Statement is attached. In 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $16,322,90; CHARGING $689.97 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY /FORECLOSURE; CHARGING 9 $14,751.46 TO ACCOUNT NO. 1500 -514 -3410, LEGAL 10 SERVICES, NON - RETAINER; AND CHARGING $881.47 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 May 31, 2002, in the amount of $16,322.90; 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 $16,322.90, are approved for 31 payment and charging $689.97 to account no. 1500 - 514 -3435, real 32 estate /foreclosure; charging $14,751.46 to account no. 1500 - 514 -3410, legal, non- 33 retainer; and charging $881.47 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 . 1 2 PASSED AND ADOPTED this day of June 2002. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Feliu: 16 17 18 19 20 21 22 23 24 25 \\Dell_6100 \Documents \City of South Miami \0022 - 001 \14249.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 I S NAGIN GALLOP FIGUEREDO P. A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 June 17, 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 May 31, 2002, in the amount of $16,322.90, and requisition no. 94. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Prof 1 Services $ 105.00 Statement No. 11471 dated 06101102 Disbursements 0.00 Total Due 105.00 0022 -011 Tooks v. City of South Miami Prof'l Services $ 25.00 Statement No. 11473 dated 06101102 Disbursements 0.00 Total Due 25.00 0022 -023 Parking Garage Contract Prof'1 Services $ 4,760.00 Statement No. 11474 dated 06101102 Disbursements 0.00 Total Due 4,760.00 0022 -034 CSM v. Third Group Mortgage Prof'1 Services $ 555.00 Statement No. 11476 dated 06101102 Disbursements 4.75 Total Due 559.75 I 0 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 17, 2002 Page 2 of 3 0022 -046 Merrick v. City of South Miami Prof 'I Services $ 1,402.50 Statement No. 11477 dated 06101102 Disbursements 0.00 Total Due 1,402.50 0022 -061 NRA, et al. V. City of South Miami Prof 1 Services $ 3,075.00 Statement No. 11478 dated 06101102 Disbursements 27.46 Total Due 3,102.46 0022 -085 Beckman v. City of South Miami Prof 1 Services $ 120.00 Statement No. 11482 dated 06101102 Disbursements 0.00 Total Due 120.00 0022 -095 Lazaro D. Tabares — EEOC Claim Statement No. 11484 dated 06101102 0022 -097 Equicredit v. Miranda and CSM Statement No. 11485 dated 06101102 0022 -100 Florida Municipal Loan Statement No. 11488 dated 06101102 0022 -108 Forfeiture of 1995 Honda Civic Statement No. 11494 dated 06101102 0022 -110 Forfeiture of 1988 Chevy Blazer Statement No. 11495 dated 06101102 Prof 1 Services $ 3,855.00 Disbursements 57.51 Total Due 5,912.51 Prof 1. Services $ 15.00 Disbursements 10.22 Total Due 25.22 Prof 1 Services $ 15415.00 Disbursements 13.99 Total Due 11428.99 Prof 1 Services $ 85.00 Disbursements 37.22 Total Due 122.22 Prof'1 Services $ 470.00 Disbursements 289.25 Total Due 759.25 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 17, 2002 Page 3 of 3 CURRENT TOTAL DUE $ 169322.90 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, ;;�a l 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. 94 Date: June 17, 2002 Finance Department Item No. Quantity Description and S ecifications Account Number Unit Price Total 1 3 Real Estate /Foreclosure 1500 -514 -3435 $689.97 $689.97 2 7 Legal, Non - Retainer 1500 -514 -3410 $14,751.46 $14,751.46 3 2, Forfeitures 608 - 1910 -521 -3100 $881.47 $881.47 TOTAL $16,322.90 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge a( of Department Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Purchases as Above Approved and Issuance of Purchase Order Authorized 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 June 1, 2002 Matter ID: 0022 -002 Real Estate & Contracts Statement No. 11471 Hours 5/24/2002 EGG Telephone conference with Mr. Tucker Gibbs regarding claim of 0.30 SMHOA that alternative ballot question is unauthorized and confusing; attention potential defense of alternative question. 5/29/2002 EGG Telephone conference with Mr. Tucker Gibbs regarding threatened 0.30 action for declaratory judgment and injunction regarding initiative question and alternative question. Total Professional Services Rate Summary Earl G. Gallop 0.60 hours at $175.00/hr Total hours: 0.60 ii IM1117 Amount 52.50 52.50 iitoweIf, 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 -002 Statement No.: 11471 Page: 2 For Professional Services 105.00 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. 105.00 3,436.97 0.00 3,541.97 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 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -003 Williamson Foreclosure Statement No. 11472 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 229.20 0.00 229.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 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 June 1, 2002 Matter ID: 0022 -011 Tooks v. City of South Miami Statement No. 11473 Hours 5/2/2002 EAB Attention to further handling needs. 0.20 Total Professional Services Rate Summary Eve A. Boutsis 0.20 hours at $125.00/hr 25.00 Total hours: 0.20 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. Amount 25.00 25.00 25.00 0.00 25.00 0.00 0.00 25.00 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 June 1, 2002 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 11474 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 5/1/2002 LRF Telephone conference with Hakeem Oshikoya regarding project. 0.60 105.00 5/3/2002 LRF Meeting with George McArdle to discuss Arquitectonica 1.50 262.50 agreement. 5/9/2002 LRF Telephone conferences with Mr. McArdle regarding funding. 1.00 175.00 5/13/2002 LRF Reworked construction costs for the project. 1.80 315.00 5/14/2002 LRF Conference call with Mr. McArdle regarding Arquitectonica 1.30 227.50 agreement. 5/15/2002 LRF Reviewed CM at risk memo from Arquitectonica; telephone 1.20 210.00 conference with Mr. Basu regarding same. 5/15/2002 EGG Attention to contract for architectural services and to alleyway. 0.60 105.00 5116/2002 LRF Meeting with Hakeem Oshikoya and Mr. Scurr to discuss final 0.50 87.50 budget for construction costs of project. 5/16/2002 LRF Meeting with Mr. Scurr, Subrata Basu, George McArdle and Mark 1.00 175.00 Richman to discuss project. 5/17/2002 LRF Worked on loan documents. 1.00 175.00 5/20/2002 LRF Worked on loan documents; telephone conference with George 1.50 262.50 McArdle. 5/20/2002 LRF Reviewed CM at risk announcement; telephone conference with Mr. '0.80 140.00 Basu regarding same. 5/20/2002 EGG Telephone conference with Mr. Scurr, Mr. Oshikoya, Christine LNU, 0.70 122.50 FLC, and Mr. Figueredo regarding disbursements to Mr. Richmond and determination of credit worthiness of same. 5/21/2002 LRF Prepared loan agreement, mortgage, personal guarantee's, 4.00 700.00 promissory note and amortization schedules. 5/22/2002 LRF Telephone conference with George McArdle regarding loan 0.50 87.50 documents. 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. Total hours: 27.20 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. 4,760.00 0.00 4,760.00 11,807.50 0.00 16,567.50 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 -023 Statement No.: 11474 Pager 2 5/23/2002 LRF Reviewed meeting minutes; Conference with George McArdle. 2.00 350.00 5/23/2002 LRF Worked on closing documents. 1.50 262.50 5/28/2002 LRF Worked on closing documents. 2.50 437.50 5/28/2002 LRF Telephone conference with Subrata Basu. 0.20 35.00 5/31/2002 LRF Meeting with George McArdle and Ralph Perez to discuss closing 2.50 437.50 documents; reviewed a -mails from Subrata Basu regarding selection of construction manager at risk. 5/31/2002 EGG Attention to financing Richmond loan. 0.50 87.50 Total Professional Services 4,760.00 Rate Summary Luis R. Figueredo 25.40 hours at $175.00/hr 4,445.00 Earl G. Gallop 1.80 hours at $175.00/hr 315.00 Total hours: 27.20 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. 4,760.00 0.00 4,760.00 11,807.50 0.00 16,567.50 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 June 1, 2002 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 11475 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,178.25 Payments - Thank you 0.00 Total Due 1,178.25 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. r CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 1, 2002 Hakeem Oshikoya Matter ID: 0022 -034 Finance Director CSM v. Third Group Mortage, City of South Miami 6130 Sunset Drive Statement No. 11476 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Expenses Total Professional Services 3.70 hours at $150.00 /hr Total hours: 3.70 Parking Charge Sub -total Expenses: 555.00 4.75 4.75 555.00 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 5/2/2002 EAB Attention to motion to vacate order and issue of whether opposing 0.40 60.00 counsel received notice of hearing. 5/6/2002 EAB Drafted and finalized affidavit and opposition to motion to vacate the 1.50 225.00 Court's 4/19/02 order dismissing Third Group and Jericho Asset Management. 5/14/2002 EAB Telephone conference with Max Spiegelman, and telephone 0.30 45.00 conference with Ms. Michelle Pivar, counsel for tax deed certificate holder Beta -G, who is looking to do quiet title action to the two lots. 5/28/2002 EAB Attended hearing on Jericho's and Third Group's motions for 1.50 225.00 reconsideration. Rate Summary Eve A. Boutsis Expenses Total Professional Services 3.70 hours at $150.00 /hr Total hours: 3.70 Parking Charge Sub -total Expenses: 555.00 4.75 4.75 555.00 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. 9 18 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 11476 Page: 2 For Professional Services 555.00 For Disbursements Incurred 4.75 Current Balance: 559.75 Previous Balance: 1,298.12 Payments - Thank you 0.00 Total Due 1,857.87 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 June 1, 2002 Matter ID: 0022 -046 Merrick v. City of South Miami Statement No. 11477 Rate Summary Eve A. Boutsis Earl G. Gallop Total Professional Services 1,402.50 0.30 hours at $125.00/hr 7.80 hours at $175.00/hr Total hours: 8.10 37.50 1,365.00 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 5/20/2002 EGG Reviewed Merrick's mediation letter; telephone conferences with 0.30 52.50 Mr. Scurr and Mr. McDuff regarding settlement. 5/23/2002 EGG Attended mediation; attended meeting with Mr. McDuff, Mr. Arthur 7.50 1,312.50 Sallah, claims adjuster, and Mr. Scurr; prepared memorandum regarding settlement to city comm'n. 5/24/2002 EAB Meeting with Mr. Gallop to discusson Merrick matter. 0.30 37.50 Rate Summary Eve A. Boutsis Earl G. Gallop Total Professional Services 1,402.50 0.30 hours at $125.00/hr 7.80 hours at $175.00/hr Total hours: 8.10 37.50 1,365.00 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 -046 Statement No.: 11477 Page: 2 For Professional Services 1,402.50 For Disbursements Incurred 0.00 Current Balance: 1,402.50 Previous Balance: 1,443.65 Payments - Thank you 0.00 Total Due 2,846.15 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 Hakeem Oshikoya June 1, 2002 Matter ID: 0022 -061 Finance Director NRA, et al. vs. City of South City of South Miami 6130 Sunset Drive Statement No. 11478 City of South Miami, FL 33143 5/16/2002 EGG Hours Amount 5/7/2002 EGG Analyzed NRA motion for attorney's fees and costs, affidavit and 2.70 472.50 attached invoices attorneys; prepared letter to same; instructions to Ms. Boutsis 5/9/2002 EGG Further review of motion for attorney's fees; telephone conference 1.10 192.50 with Mr. Jon Morrison, FLC, and prepared letter to same requesting entry of Injunction; telephone conference with Mr. Howard Lenard insurance coverage determination and appointment of defense regarding question of potential conflict of interest; prepared counsel. memorandum to city commission regarding status of case, 5/16/2002 EAB Conducted legal research and analyzed caselaw on bifurcation 1.50 225.00 issue. handling needs; prepared notice of attorney - client meeting. 5/16/2002 EGG Evaluated recommendations for appellate counsel to handle motion 3.50 612.50 for attorney's fees and likely appeal; telephone conferences with attorneys; prepared letter to same; instructions to Ms. Boutsis regarding preparing for hearing on motion for final judgment and entry of Injunction; telephone conference with Mr. Howard Lenard regarding question of potential conflict of interest; prepared memorandum to city commission regarding status of case, engagement of counsel, potential conflict of interest and further handling needs; prepared notice of attorney - client meeting. 5/17/2002 EAB Prepared ordinance repealing gun lock ordinance. 1.00 150.00 5/17/2002 REC Delivered documents to Robert Hertzberg, Greg Cesarano, and 1.50 30.00 Adam Lawrence. 5/20/2002 EGG Telephone conference with Mr. Robert Hertzerg regarding defending 0.50 87.50 motion for attorney's fees; instrucitons to Ms. Boutsis regarding handling motion for award of costs. 5/21/2002 EAB Completed research on bifurcation and Fla. R. Civ. P. 1.270(b), and 2.50 375.00 drafted motion to bifurcate entitlement to fees and reasonable valuation of attorney's fees and costs. 5/22/2002 EAB Legal research on 57.105, Fla. Stat. and whether attorney may 2.50 375.00 claim as fees his travel time, computer research, and other items. 5/24/2002 EAB Meeting with Mr. Gallop to discuss assignment on taxation of 0.20 30.00 costs and allowable costs, and possible motion for more definite statement. 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 -061 Statement No.: 11478 Page: 2 5/29/2002 EGG Attended hearing on motion for final judgment and injunction. 2.00 350.00 5/31/2002 EGG Attended meeting with Mr. Robert Hertzerg regarding preparation 1.00 175.00 for hearing on motion for attorney's fees. Rate Summary Eve A. Boutsis Rose E. Cadenhead Earl G. Gallop Expenses Total Professional Services 3,075.00 7.70 hours at $150.00 /hr 1,155.00 1.50 hours at $ 20.00 /hr 30.00 10.80 hours at $175.00/hr 1,890.00 Total hours: 20.00 Parking Charge Mileage 5/28/2002 Federal express For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 7.00 3.25 17.21 27.46 To be properly credited, please indicate Statement Number on your remittance check. 3,075.00 27.46 3,102.46 590.31 0.00 3,692.77 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 June 1, 2002 Matter ID: 0022 -063 City Hall Project Statement No. 11479 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 87.50 Payments - Thank you 0.00 Total Due 87.50 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 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -064 Water Main Extension Statement No. 11480 Total Due. To be properly credited, please indicate Statement Number on your remittance check. 0.00 175.00 0.00 175.00 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 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 June 1, 2002 Matter ID: 0022 -083 Planning Board Statement No. 11481 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,750.00 Payments - Thank you 0.00 Total Due 1,750.00 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 June 1, 2002 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 11482 Hours Amount 5/10/2002 EAB Legal research on Fla. Stat. 760.11 and whether city which 0.80 120.00 obtained "no probable cause" determination may obtain attorney's fees from petitioner due to ruling; and continued research on Fla. Comm. on Human Relations and possible award to the City of its attorney's fees. Rate Summary Eve A. Boutsis Total Professional Services 0.80 hours at $150.00 /hr Total hours: 0.80 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due 120.00 To be properly credited, please indicate Statement Number on your remittance check. 120.00 120.00 0.00 120.00 122.50 0.00 242.50 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 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -087 Mercedes Asher v. City of South Statement No. 11483 0.00 93.92 0.00 Total Due 93.92 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 June 1, 2002 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director Lazaro D. Tabares - EEOC City of South Miami 6130 Sunset Drive Statement No. 1 1484 City of South Miami, FL 33143 Total Professional Services 3,855.00 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 5/16/2002 EAB Continued legal research on disparate treatment, and analysis of 4.00 600.00 legal research to determine whether employment application which requests arrest and criminal history is illegal discrimination under EEOC guidelines. 5/17/2002 EAB Analysis of disparate impact caselaw and EEOC opinions; 4.50 675.00 telephone conferences with Ms. Navarro regarding remaining documents needed for City's response to charge no. 2; began drafting City's position statement. 5/19/2002 EAB Analysis of legal research on retaliation and drafting of City's 4.00 600.00 position statement. 5/20/2002 EAB Drafted position statement and analysis of documents produced by 3.50 525.00 Mrs. Enrizo - Navarro; and began drafting responses to EEOC's request for information. 5/21/2002 EAB Continued drafting response to second charge of discrimination; 5.00 750.00 and telephone conference with Ms. Navarro on the factual background of the City's internal personnel audit. 5/22/2002 EAB Final preparation of response to EEOC's questions and modified 2.50 375.00 City's position statement; began preparing exhibits to filings. 5/22/2002 EGG Final review and revision to city's position statement. 1.00 175.00 5/24/2002 EAB Telephone conference with Mr. Scurr and Ms. Navarro regarding 0.40 60.00 filing of City's position statement to Tabares's matter. 5/28/2002 REC Delivered documents to Mr. Marcos Regalado. 0.25 5.00 5/29/2002 EAB Attended and observed the City's first predetermination hearing; in 0.60 90.00 attendance were Mrs. Enrizo - Navarro, Mr. Martinez, Mr. Leach and Mr. Tabares. Total Professional Services 3,855.00 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. Rate Summary Eve A. Boutsis Rose E. Cadenhead Earl G. Gallop Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -095 Statement No.: 11484 Page: 2 24.50 hours at $150.00 /hr 0.25 hours at $ 20.00 /hr 1.00 hours at $175.00/hr Total hours: 25.75 Parking Charge Legal research For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 3,675.00 5.00 175.00 0.50 57.01 Sub -total Expenses: 57.51 Total Due To be properly credited, please indicate Statement Number on your remittance check. 3,855.00 57.51 3,912.51 10,248.70 0.00 14,161.21 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 g. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya June 1, 2002 Matter ID: 0022 -097 Finance Director Equicredit v. Miranda City of South Miami 6130 Sunset Drive Statement No. 11485 City of South Miami, FL 33143 Hours Amount 5/2/2002 REC Obtained documents from Mr. Scurr's office. 0.75 15.00 Total Professional Services 15.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Total hours: 0.75 Expenses 5/21/2002 Federal express 10.22 Sub -total Expenses: 10.22 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 -097 Statement No.: 11485 Page: 2 For Professional Services 15.00 For Disbursements Incurred 10.22 Current Balance: Previous Balance: Payments - Thank you 25.22 420.00 0.00 Total Due 445.22 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 Payments 6/1/2002 Payment Ck#37050 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -099 Forfeiture of Honda Shadow 750 Statement No. 11487 210.00 Sub -total Payments: 210.00 N 0.00 467.75 210.00 Total Due 257.75 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. z 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 June 1, 2002 Matter ID: 0022 -100 Florida Municipal Loan Statement No. 11488 Total Professional Services 1,415.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Luis R. Figueredo 8.00 hours at $175.00/hr 1,400.00 Total hours: 8.75 Expenses 5/28/2002 Federal express 13.99 Sub -total Expenses: 13.99 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 5/6/2002 LRF Worked on Florida Municipal Loan documents. 4.00 700.00 5/7/2002 LRF Reviewed Florida Municipal Loan documents. 2.00 350.00 5/9/2002 LRF Reviewed Florida Municipal Loan documents. 2.00 350.00 5/13/2002 REC Delivered documents to Mr. Hakeem Oshikoya. 0.75 15.00 Total Professional Services 1,415.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Luis R. Figueredo 8.00 hours at $175.00/hr 1,400.00 Total hours: 8.75 Expenses 5/28/2002 Federal express 13.99 Sub -total Expenses: 13.99 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 -100 Statement No.: 11488 Page: 2 For Professional Services 1,415.00 For Disbursements Incurred 13.99 Current Balance: 1,428.99 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 1,428.99 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 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -101 Hampton Pre - Determination Statement No. 11489 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 332.50 Payments - Thank you 0.00 Total Due 332.50 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 GALLOPFIGUEREDOP.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 Payments 6/1/2002 Payment Ck #37050 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -103 Forfeiture of 1991 Nissan Sentra Statement No. 11491 582.50 Sub -total Payments: 582.50 Total Due To be properly credited, please indicate Statement Number on your remittance check. fs 0.00 693.75 582.50 111.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. 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 June 1, 2002 Matter ID: 0022 -105 National City Mtg. Co. vs. Statement No. 11492 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 809.59 Payments - Thank you 0.00 Total Due 809.59 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 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 June 1, 2002 Matter ID: 0022 -107 Forfeiture of 1995 Honda Civic Statement No. 11493 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 0.00 0.00 150.00 0.00 150.00 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 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 June 1, 2002 Matter ID: 0022 -108 Forfeiture of 1987 Oldsmobile Statement No. 11494 Rate Summary Eve A. Boutsis Rose E. Cadenhead Total hours: Expenses Mileage Parking Charge Legal research 5/21/2002 Service of Process Total Professional Services 0.80 hours at $100.00 /hr 80.00 0.25 hours at $ 20.00 /hr 5.00 1.05 3.00 0.50 3.72 30.00 Sub -total Expenses: 37.22 85.00 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 5/15/2002 EAB Telephone conference with Tony Dingle, sister to claimant 0.30 30.00 regarding allegations of impropriety by CSMPD and prepared email communication to AC Feldman, Mr. Scurr, and file regarding this matter. 5/24/2002 EAB Analysis of correspondence from Mr. Dingle and prepared motion 0.50 50.00 for default. 5/28/2002 REC Filed Motion for Default. 0.25 5.00 Rate Summary Eve A. Boutsis Rose E. Cadenhead Total hours: Expenses Mileage Parking Charge Legal research 5/21/2002 Service of Process Total Professional Services 0.80 hours at $100.00 /hr 80.00 0.25 hours at $ 20.00 /hr 5.00 1.05 3.00 0.50 3.72 30.00 Sub -total Expenses: 37.22 85.00 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 -108 Statement No.: 11494 Page: 2 For Professional Services 85.00 For Disbursements Incurred 37.22 Current Balance: 122.22 Previous Balance: 756.75 Payments - Thank you 0.00 Total Due 878.97 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. J tl 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 June 1, 2002 Matter ID: 0022 -110 Forfeiture of 1988 Chevy Blazer Statement No. 11495 Total Professional Services Rate Summary Eve A. Boutsis 4.30 hours at $100.00 /hr 430.00 Rose E. Cadenhead 2.00 hours at $ 20.00 /hr 40.00 Expenses Total hours: 6.30 Parking Charge 7.75 Amount 40.00 10.00 250.00 20.00 20.00 15.00 90.00 15.00 10.00 470.00 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 5/2/2002 EAB Analysis of police report and drafted notice of seizure. 0.40 5/7/2002 EAB Finalized letter to Defense Manpower Data Center regarding 0.10 military status of claimant. 5/8/2002 EAB Drafted forfeiture complaint, affidavit and motion for preliminary 2.50 probable cause. 5/14/2002 EAB Telephone conference with and email communication with Det. P. 0.20 Wagner and AC Feldman regarding Officer Max Valdez and finalization of the complaint. 5/15/2002 EAB Telephone conference with AC Feldman regarding execution of 0.20 affidavit by Officer Valdez. 5/15/2002 REC Obtained Affidavit from the Police Dept. 0.75 5/16/2002' EAB Finalized and filed forfeiture action, and prepared letter to judge 0.90 enclosing ex parte probable cause order and finalized discovery. 5/16/2002 REC Filed Summons. 0.75 5/21/2002 REC Delivered documents to Judge Amy Dean. 0.50 Total Professional Services Rate Summary Eve A. Boutsis 4.30 hours at $100.00 /hr 430.00 Rose E. Cadenhead 2.00 hours at $ 20.00 /hr 40.00 Expenses Total hours: 6.30 Parking Charge 7.75 Amount 40.00 10.00 250.00 20.00 20.00 15.00 90.00 15.00 10.00 470.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -110 Statement No.: 11495 Page: 2 Mileage 6.50 Filing fee 215.00 5/28/2002 Service of Process 60.00 Sub -total Expenses: 289.25 For Professional Services 470.00 For Disbursements Incurred 289.25 Current Balance: 759.25 Previous Balance: 50.00 Payments - Thank you 0.00 Total Due 809.25 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. To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: July 19, 2002 Agenda Item Commission Meeting my 23, 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 $16,322.90; CHARGING 689.97 TO ACCOUNT NO. 1500- 514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $14,751.46 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINER; AND CHARGING $881.47 TO ACCOUNT NO. 608- 1910 -621- 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE The attached resolution is for Legal Services for the City Attorney for the period ending June 30, 2002 in the total amount of $ 20,447.84. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 2,510.03 $ 414.85 Account # 1500 - 514 -3435 Professional Services - $ 1,118.53 $ 360.25 Account # 608- 1910- 521 -3100 CRA Fund — General Legal $ $ Account #610- 1120= 554 -3415 Code Enforcement Account #1500 - 514 -3452 $ 4,109.84 $ Telecommunications Account #1500 -514 -3420 $ 5,420.00 $ Legal Services Non Retainer $ 15,248.54 $ 14,400.24 Account # 1500- 3410 A detailed Billing Statement is attached. a 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $20,447.84; CHARGING $414.85 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY /FORECLOSURE; CHARGING 9 $14,400.24 TO ACCOUNT NO. 1500 -514- 3410, LEGAL 10 SERVICES, NON - RETAINER; CHARGING $5,272.50 TO 11 ACCOUNT NO. 001 - 0000 -132 -2040, 73RD STREET PARKING 12 GARAGE LOAN; AND CHARGING $360.25 TO ACCOUNT NO. 13 608- 1910- 521 - 3100, PROFESSIONAL SERVICES, FORFEITURE; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 June 30, 2002, in the amount of $20,447.84; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $20,447.84, are approved for 32 payment and charging $414.85 to account no. 1500 -514 -3435, real 33 estate /foreclosure; charging $14,400.24 to account no. 1500 -514 -3410, legal, non - 34 retainer; charging $5,272.50 to account no. 001 - 0000 - 132 -2040, 73rd Street 35 Parking Garage Loan Account; and charging $360.25 to account no. 608 -1910- 36 521 -3100, forfeitures. 37 38 Section 2. This resolution shall take effect immediately upon approval Additions shown by underlining and deletions shown by ove°•�ing. N 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 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of July 2002. APPROVED: COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: \ \Dell_6100 \Documents \City of South Miami \0022- 001 \14475.doc Page 2 of 2 NAGIN GALLUP FIGUEREDO RA, Attorneys & Counselors 3225 Aviation Avenue Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133-4741 Facsimile: (305) 854 -5351 July 15, 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 June 30, 2002, in the amount of $20,447.84, and requisition no. 96. I have tabulated the amounts currently due on each individual file as follows: 0022 -023 Parking Garage Contract Prof l Services $ 4,520.00 Statement No. 11649 dated 07/07/02 Disbursements 752-.50 Total Due 5,272.50 0022 -034 CSM v. Third Group Mortgage Prof 1 Services $ 402.50 Statement No. 11651 dated 07107102 Disbursements 12.35 Total Due 414.85 0022 -046 Merrick v. City of South Miami Prof I Services $ 225.00 Statement No. 11622 dated 07107102 Disbursements 0.00 Total Due 225.00 0022 -061 NRA, et al. V. City of South Miami Prof 1 Services $ 1,185.00 Statement No. 11653 dated 07/07/02 Disbursements 88.68 Total Due 1,273.68 d 1 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI July 15, 2002 Page 2 of 3 0022 -087 Asher v. City of South Miami Prof I Services $ 212.50 Statement No. 11756 dated 07107102 Disbursements 0.00 Total Due 212.50 0022 -094 Officer Darby Wagner Arbitration Prof 1 Services $ 190.00 Statement No. 11659 dated 07/07/02 Disbursements 949.4 Total Due 1,139.48 0022 -095 Lazaro D. Tabares — EEOC Claim Prof 1 Services $ 225.00 Statement No. 11660 dated 07107102 Disbursements 24.83 Total Due 249.83 0022 -096 Darby L. Wagner — EEOC Claim Prof I Services $ 695.00 Statement No. 11661 dated 07/07/02 Disbursements 0.00 Total Due 695.00 0022 -108 Forfeiture of 1995 Honda Civic Prof 1 Services $ 295.00 Statement No. 11669 dated 07/07/02 Disbursements 24.25 Total Due 319.25 0022 -110 Forfeiture of 1988 Chevy Blazer Prof l Services $ 40.00 Statement No. 11670 dated 07107102 Disbursements 1.00 Total Due 41.00 0022 -111 South Miami Homeowners v. The City of Prof I Services $ 10,590.00 South Miami Disbursements 14.75 Statement No. 11671 dated 07107102 Total Due 10,604.75 CURRENT TOTAL DUE $ 20,447.84 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI July 15, 2002 Page 3 of 3 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Gam"" Earl G. Gallop EGG :daj Enclosures cc: Mayor and City Commission 0 CITY OF SOUTH MIAMI . 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 96 Date: July 15, 2002 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Real Estate /Foreclosure 1500 -514 -3435 $414.85 $414.85' 2 7 Legal, Non - Retainer 1500 -514 -3410 $14,400.24 $14,400.24 3 2 Forfeitures 608- .1910 -521 -3100 $360.25 $360.25 4 1 73` Street Parking Garage Loan Account 001- 0000 - 132 -2040 $5,272.50 $5,272.50 TOTAL $20,447.84 Purchase Order No. I Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Head of Coding of Accounts Approved Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department r CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. 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 July 7, 2002 Matter ID: 0022 -002 Real Estate & Contracts Statement No. 11646 For Professional Services 0.00 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. 0.00 3,541.97 M 3,541.97 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. I I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA. 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 July 7,2002 Matter ID: 0022 -003 Williamson Foreclosure Statement No. 11647 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 229.20 Payments - Thank you 0.00 Total Due 229.20 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 July 7, 2002 Matter ID: 0022 -011 Tooks v. City of South Miami Statement No. 11648 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 25.00 Payments - Thank you 0.00 Total Due 25.00 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 Hakeem Oshikoya July 7, 2002 Matter ID: 0022 -023 Finance Director City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 11649 City of South Miami, FL 33143 06/12/2002 LRF Telephone conference with Elizabeth Loggins at Florida Municipal 4.00 700.00 Loan Council; reviewed analysis concerning Mr. Richman's credit worthiness; telephone conference with City Commissioners regarding same; telephone conference with George McArdle; and telephone conference with Ralph Perez and finalized closing documents. 06/13/2002 REC Delivered documents to Mrs. Ronetta Taylor and Hakeem 0.25 5.00 Oshikoya 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 06/03/2002 LRF Finalized documents for closing on the Mark Richman Property's 2.30 402.50 loan. 06/04/2002 LRF Telephone conference with Hakeem Oshikoya regarding accrued to 1.80 315.00 date calculated closing costs for the Mark Richman closing; modified agreements; telephone conference with Ralph Perez regarding same. 06/05/2002 LRF Telephone conferences with George McArdle regarding closing 1.30 227.50 documents including, but not limited to issues addressing Mark Richman's closing costs; preparation of the closing statement; conference with Earl Gallop regarding the credit worthiness evaluation of Mr. Richman prior to closing; telephone conference with Hakeem Oshikoya regarding final figures. 06/05/2002 EGG Attended meeting with Mr. Figueredo regarding status of closing on 0.30 52.50 Richmond loan and determination of credit worthiness. 06/07/2002 LRF Meeting with George McArdle and Ralph Perez to review revised 2.50 437.50 transaction documents to incorporate final changes. 06/10/2002 LRF Prepared loan amortization schedules, construction cost schedules 2.00 350.00 and use of proceeds schedules for meeting with City Manager. 06/10/2002 LRF Telephone conferences with Charles Scurr and Subrata Basu. 0.50 87.50 06/11/2002 LRF Telephone conference with Ralph Perez; telephone conferences 2.50 437.50 with Gibralter Bank and John Pell regarding credit worthiness of Mark Richman. 06/12/2002 LRF Telephone conference with Elizabeth Loggins at Florida Municipal 4.00 700.00 Loan Council; reviewed analysis concerning Mr. Richman's credit worthiness; telephone conference with City Commissioners regarding same; telephone conference with George McArdle; and telephone conference with Ralph Perez and finalized closing documents. 06/13/2002 REC Delivered documents to Mrs. Ronetta Taylor and Hakeem 0.25 5.00 Oshikoya 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. e � t Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 11649 Page: 2 06/13/2002 LRF Conducted final review of transaction documents; revised 4.00 700.00 construction costs estimates; attended closing for Mark Richman's financing for construction of the parking garage. 06/14/2002 LRF Meeting with Subrata Basu, Hakeem Oshikoya and the City 2.30 402.50 Manager to discuss budget for construction, availability of funds and options to address any construction shortfalls. 06/17/2002 LRF Telephone conference with Hakeem Oshikoya regarding 0.50 87.50 Commission approval of loan documents; telephone conference with Ralph Perez regarding status of funding. 06/18/2002 LRF Telephone conference with Hakeem Oshikoya regarding loan to Mr. 1.80 315.00 Richman; prepared memorandum to City Commission with the , transaction documents. Rate Summary Rose E. Cadenhead Luis R. Figueredo Earl G. Gallop Expenses Total Professional Services 4,520.00 0.25 hours at $ 20.00 /hr 5.00 25.50 hours at $175.00/hr 4,462.50 0.30 hours at $175.00 /hr 52.50 Total hours: 26.05 Mileage 06/11/2002 CPA Services - Consultant - John H. Pell, CPA, Independant review of Personal Financial Statement of Mark Richman. 2, 50 750.00 Sub -total Expenses: 752.50 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 -023 Statement No.: 11649 Page: 3 For Professional Services 4,520.00 For Disbursements Incurred 752.50 Current Balance: 5,272.50 Previous Balance: 16,567.50 Payments - Thank you 0.00 Total Due 21,840.00 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 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 July 7, 2002 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 11650 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,178.25 Payments - Thank you 0.00 Total Due 1,178.25 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 FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 7, 2002 Matter ID: 0022 -034 Finance Director CSM v. Third Group Mortage, City of South Miami 6130 Sunset Drive Statement No. 11651 City of South Miami, FL 33143 Rate Summary Eve A. Boutsis Rose E. Cadenhead Rose E. Cadenhead Earl G. Gallop Total Professional Services 402.50 1.90 hours at $150.00 /hr 285.00 Hours Amount 06/04/2002 EAB Attention to Davis Gardens tax liens issues; and prepared 0.30 45.00 0.50 hours at $175.00/hr memorandum to file regarding tax certificates and Mr. Rappaport's request to resolve litigation with settlement offer to pay attorney's fees and City to rescind interest in tax surplus funds. 06/19/2002 EAB Analyzed quiet title complaint; prepared City's answer to the 1.40 210.00 complaint; and completed legal research on tax deed certificates in relation to city's lien interest; and prepared answer to quiet title action. 06/19/2002 EAB Prepared letter to Rappaport rejecting proposed settlement offer. 0.20 30.00 06/19/2002 REC Tax Deed Unit to file surplus letters. 0.75 15.00 06/19/2002 EGG Reviewed pleadings. 0.50 87.50 06/20/2002 REC Tax Deed Unit to make copies of surplus letter and letters of notice 0.75 15.00 of public sale. 06/24/2002 REC Traveled to Miami -Dade County recording department to obtain 3.00 0.00 copies of liens, final judgments, etc., and to the Miami -Dade County tax deed unit to obtain copies of various tax certificates. Rate Summary Eve A. Boutsis Rose E. Cadenhead Rose E. Cadenhead Earl G. Gallop Total Professional Services 402.50 1.90 hours at $150.00 /hr 285.00 3.00 hours at $ 0.00 /hr 0.00 1.50 hours at $ 20.00 /hr 30.00 0.50 hours at $175.00/hr 87.50 Total hours: 6.90 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 Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 11651 Page: 2 Expenses Mileage 5.25 Legal research 7.10 Sub -total Expenses: 12.35 For Professional Services 402.50 For Disbursements Incurred 12.35 Current Balance: 414.85 Previous Balance: 1,857.87 Payments - Thank you 0.00 Total Due 2,272.72 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 July 7, 2002 Matter ID: 0022 -046 Merrick v. City of South Miami Statement No. 11652 06/05/2002 EGG Telephone conference with Mr. McDuff regarding city comm'n. approval of settlement and further handling needs to conclude matter. 06/10/2002 EAB 06/12/2002 EAB 06/14/2002 EAB 06/14/2002 EGG 06/17/2002 EAB Attention to Merrick matter and prepared email communication to Ms. Taylor requesting copy of June 4, 2002 resolution of the commission approving the mediation settlement agreement with Merrick; prepared letter to Ms. S. Diaz, the EEOC investigator informing her of the settlement of all claims and requested dismissal of any pending EEOC claims filed by Ms. Merrick. Telephone conference with Ms. Susan Diaz of EEOC regarding settlement of Merrick claims and her request for confirming letter a copy of settlement agreement. Prepared letter to EEOC informing Ms. Diaz of settlement of all claims. Attention to final settlement of claims. Telephone conference with Ms. Susan Diaz of the EEOC; analysis of Mt. John Parson's letter complaining- violations of the settlement agreement; meeting with Mr. Gallop on this issue; and prepared e-mail to city regarding cost of settlement. Hours Amount 0.30 52.50 0.30 37.50 0.20 25.00 0.20 25.00 0.20 35.00 0.40 50.00 .Total Professional Services Rate Summary Eve A. Boutsis 1.10 hours at $125.00/hr 137.50 Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours: 1.60 0441111 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. � e Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 11652 Page: 2 For Professional Services 225.00 For Disbursements Incurred 0.00 Current Balance: 225.00 Previous Balance: 2,846.15 Payments - Thank you 0.00 Total Due 3,071.15 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 July 7, 2002 Matter ID: 0022 -061 NRA, et al. vs. City of South Statement No. 11653 Hours Amount 06/03/2002 EAB Continued legal research on taxation of costs, analysis of section 3.30 495.00 57.041 - 57.105., Fla. Stat; the Statewide Uniform Guidelines on Taxation of Costs, and case law on this issue; and prepared motion for more definite statement as to plaintiffs' request for costs. 06/03/2002 DAJ Attention to compilation of documents from the pleading files for delivery to Robert D. Hertzberg, Esq. regarding the motion for attorney's fees; prepared letter to Mr. Hertzberg. 06/10/2002 EGG Telephone conference with Mr. Velasquez regarding bifurcating proceeding on motion for attorney's fees and providing schedule of costs. 06/12/2002 EAB Received assignment from Mr. Gallop as to NRA's attorney's fees motion. 06/12/2002 JB Round trip to file a motion with the clerk at 73 West Flagler Street. 06/12/2002 EGG Final preparation of motions to bifurcate attorney's fee proceedings and to re- schedule hearing on reasonableness of fees and entitlement to claimed costs, and to require NRA to provide cost schedule; telephone conferences with Mr. Velasquez; scheduled hearing on motions. 2.00 150.00 0.30 52.50 0.30 45.00 0.50 12.50 2.20 385.00 06/17/2002 EGG Telephone conference with Mr. Hertzberg regarding re- scheduling of 0.20 hearing on motion for attorney's fees and costs. 06/19/2002 REC Filed Re- notice of Hearing. 0.50 Total Professional Services Rate Summary Eve A. Boutsis 3.60 hours at $150.00 /hr 540.00 Jordan Braswell 0.50 hours at $ 25.00 /hr 12.50 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 35.00 10.00 1,185.00 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 -061 Statement No.: 11653 Page: 2 Earl G. -Gallop 2.70 hours at $175.00/hr 472.50 Debra A. Jester 2.00 hours at $ 75.00 /hr 150.00 Total hours: 9.30 Expenses Parking Charge 5.00 Legal research 75.68 Mileage 8.00 Sub -total Expenses: 88.68 For Professional Services 1,185.00 For Disbursements Incurred 88.68 Current Balance: 1,273.68 Previous Balance: 3,692.77 Payments - Thank you 0.00 Total Due 4,966.45 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 July 7, 2002 Matter ID: 0022 -063 City Hall Project Statement No. 11654 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 87.50 Payments - Thank you 0.00 Total Due 87.50 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 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 July 7, 2002 Matter ID: 0022 -064 Water Main Extension Statement No. 11655 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 175.00 Payments - Thank you 0.00 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. 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 July 7, 2002 Matter ID: 0022 -083 Planning Board Statement No. 11656 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,750.00 Payments - Thank you 0.00 Total Due 1,750.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 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 July 7, 2002 Matter ID: 0022 -085 Yvonne Beckman v. The City of Statement No. 11657 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 242.50 Payments - Thank you 0.00 Total Due 1 242.50 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 Hakeem Oshikoya July 2, 2002 Matter ID: 0022 -087 Finance Director Mercedes Asher v. City of South City of South Miami 6130 Sunset Drive Statement No. 11756 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 6/27/2002 EGG Attention to letter by Ms. Asher claiming that Mr. Whitt offered to 0.30 52.50 testify on her behalf in exchange for dropping sexual harassment claim; met with Mr. Spivack regarding potential charge of witness tampering against Whitt. 6/27/2002 MDS Conferenced with Mr. Gallop concerning letter from Ms. Asher to 0.50 87.50 Mr. Gill wherein Ms. Asher makes allegations of subordination of perjury by her former attorney. Met with Mr. Centerino and informed him of letter from Ms. Asher. 6/28/2002 KC Per Mr. Spivack's instructions, called the corruption unit for 0.50 37.50 address and facsimile number. Typed letter, copied and faxed. 6/28/2002 MDS Prepared letter to Mr. Centerino concerning letter from Ms. Asher. 0.20 35.00 Faxed same to Mr. Centerino. Total Professional Services 212.50 Rate Summary Kimberly Clark 0.50 hours at $ 75.00 /hr 37.50 Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Michael D. Spivack 0.70 hours at $175.00/hr 122.50 Total hours: 1.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -087 Statement No.: 11756 Page: 2 For Professional Services 212.50 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you 212.50 93.92 0.00 Total Due 306.42 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 7, 2002 Hakeem Oshikoya Matter ID: 0022 -094 Finance Director Officer Darby Wagner Arbitration City of South Miami 6130 Sunset Drive Statement No. 11659 City of South Miami, FL 33143 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Kimberly Clark 0.70 hours at $ 75.00 /hr 52.50 Michael D. Spivack 0.70 hours at $175.00/hr 122.50 Total hours: 2.15 Expenses 06/12/2002 Outside copy job 396.98 06/24/2002 Transcripts 552.50 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 06/07/2002 MDS Telephone conference with State Attorney's Office to obtain a copy 0.50 87.50 of the full State Attorney's file, absent their work product. Telephone conference with Captain Ross concerning status of arbitration. 06/10/2002 KC Called State Attorney's records division requesting time when 0.20 15.00 copies would be finished and ready for pickup. 06/20/2002 KC Composed two draft letters to Mr. Tucker for MDS review. 0.30 22.50 06/20/2002 MDS Conferenced with Ms. Clark concerning upcomming arbitration and 0.20 35.00 discovery. 06/25/2002 REC Delivered letter to Mr. Salvador. 0.75 15.00 06/25/2002 KC Typed letter to Laws Triano forwarding check for trial transcript 0.20 15.00 (State of Florida v. Darby Wagner). Total Professional Services 190.00 Rate Summary Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Kimberly Clark 0.70 hours at $ 75.00 /hr 52.50 Michael D. Spivack 0.70 hours at $175.00/hr 122.50 Total hours: 2.15 Expenses 06/12/2002 Outside copy job 396.98 06/24/2002 Transcripts 552.50 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 -094 Statement No.: 11669 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: 949.48 Total Due To be properly credited, please indicate Statement Number on your remittance check. 190.00 949.48 1,139.48 0.00 0.00 1,139.48 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. ,d r 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 July 7, 2002 Matter ID: 0022 -095 Lazaro D. Tabares - EEOC Statement No. 11660 Rate Summary Eve A. Boutsis Expenses Legal research Total Professional Services 225.00 1.50 hours at $150.00 /hr 225.00 Total hours: 1.50 24.83 Sub -total Expenses: 24.83 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 06/10/2002 EAB Prepared letter to Mr. Regalado requesting hearing on city's motion 0.20 30.00 for attorney's fees and costs; and prepared email to client updating city on this matter and inquiring into date for final predetermination hearing. 06/12/2002 EAB Attention to initial Tabares predetermination hearing. 0.20 30.00 06/19/2002 EAB Attention to Tabares final predetermination hearing. 0.10 15.00 06/21/2002 EAB Attended Tabares final predetermination hearing. 1.00 150.00 Rate Summary Eve A. Boutsis Expenses Legal research Total Professional Services 225.00 1.50 hours at $150.00 /hr 225.00 Total hours: 1.50 24.83 Sub -total Expenses: 24.83 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. } M 'P Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -095 Statement No.: 11660 Page: 2 For Professional Services 225.00 For Disbursements Incurred 24.83 Current Balance: Previous Balance: Payments - Thank you 249.83 14,161.21 0.00 Total Due 14,411.04 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 July 7, 2002 Hakeem Oshikoya Matter ID: 0022 -096. Finance Director City of South Miami Darby L. Wagner - EEOC Claim 6130 Sunset Drive Statement No. 11661 City of South Miami, FL 33143 Total hours: 4.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 06/10/2002 MDS Began review of materials in preparation of the Arbitration in this 1.00 175.00 matter. 06/14/2002 KC Made corrections and sent out letter to opposing counsel regarding 0.40 30.00 production. 06/14/2002 MDS Researched Florida Statues concerning any discovery requirement, 2.00 350.00 Pursuant to Florida Chapter 447. Reviewed collective bargaining agreement for any discovery provisions. Left detailed message for Mr. Tucker concerning his request for discovery pursuant to Chapter 447 of Florida Statutes. Drafted letter to Mr. Tucker in response to his demand for discovery. 06/19/2002 MDS Telephone conference with opposing counsel concerning 0.50 87.50 upcomming arbitration location and exchange of discovery. 06128/2002 MDS Telephone conference with Captain Ross concerning upcomming 0.30 52.50 arbitration. - Total Professional Services 695.00 Rate Summary Kimberly Clark 0.40 hours at $ 75.00 /hr 30.00 Michael D. Spivack 3.80 hours at $175.00/hr 665.00 Total hours: 4.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services 695.00 For Disbursements Incurred 0.00 Current Balance: 695.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 695.00 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 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 2002 Matter ID: 0022 -097 Equicredit v. Miranda Statement No. 11662 Total Due To be properly credited, please indicate Statement Number on your remittance check. W tt 1' 0.00 445.22 0.00 445.22 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 Telephoner (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 2002 Matter ID: 0022 -099 Forfeiture of Honda Shadow 750 Statement No. 11663 Current Balance: 0.00 Previous Balance: 257.75 Payments - Thank you 0.00 Total Due 257.75 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 July 7, 2002 Matter ID: 0022 -100 Florida Municipal Loan Statement No. 11664 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,428.99 Payments - Thank you 0.00 Total Due 1,428.99 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 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 July 7, 2002 Matter ID: 0022 -101 Hampton Pre- Determination Statement No. 11665 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 332.50 Payments - Thank you 0.00 Total Due 332.50 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 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 2002 Matter ID: 0022 -103 Forfeiture of 1991 Nissan Sentra Statement No. 11666 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0 1 1 1, 0.00 111.25 0.00 111.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 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 July 7, 2002 Matter ID: 0022 -105 National City Mtg. Co. vs. Statement No. 11667 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 809.59 Payments - Thank you 0.00 Total Due 809.59 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 July 7, 2002 Matter ID: 0022 -107 Forfeiture of 1995 Honda Civic Statement No. 11668 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 150.00 Payments - Thank you 0.00 Total Due 150.00 To be properly credited, please indicate Statement Number on your remittance check. 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 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya July 7, 2002 Matter ID: 0022 -108 Finance Director Forfeiture of 1987 Oldsmobile City of South Miami 6130 Sunset Drive Statement No. 11669 City of South Miami, FL 33143 Expenses Total hours: 4.75 Parking Charge 18.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 06/05/2002 EAB Attended hearing on City's motion for default. 1.30 130.00 06/06/2002 REC Attempted to pull order. The file nor the order was available. 0.75 15.00 06/07/2002 EAB Telephone conference with Lois Dingle, Aunt to claimant. 0.30 30.00 06/10/2002 REC Attempted to pull order. The file nor the order was available. 0.50 10.00 06/13/2002 REC Attempted to pull order. The file nor the order was available. 0.50 10.00 06/17/2002 EAB Prepared letter, motion and order finding default final judgment. 0.30 30.00 06/17/2002 REC Filed Ex Parte Motion and delivered copy to Judge Shapiro. 0.50 10.00 06/24/2002 EAB Meeting with Mr. Scurr regarding Dingle's criminal action and order 0.30 30.00 of criminal court judge to return property to Dingle and the civil forfeiture action in which city obtained final default judgment; and meeting with Mr. Gallop on this issue. 06/25/2002 EAB Meeting with Mr. and Ms. Dingle regarding the seized vehicle, 0.30 30.00 informed the Dingles that I cannot give claimant legal advice and that they should seek legal advice elsewhere. Total Professional Services 295.00 Rate Summary Eve A. Boutsis 2.50 hours at $100.00 /hr 250.00 Rose E. Cadenhead 2.25 hours at $ 20.00 /hr 45.00 Expenses Total hours: 4.75 Parking Charge 18.25 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Mileage 6.00 Sub -total Expenses: 24.25 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. 295.00 24.25 319.25 878.97 0.00 1,198.22 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. c, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO P.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 July 7, 2002 Matter ID: 0022 -110 Forfeiture of 1988 Chevy Blazer Statement No. 11670 Hours Amount 06/17/2002 EAB Prepared letter, motion and order finding default final judgment. 0.30 30.00 06/17/2002 REC Filed Ex Parte Motion and delivered copy to Judge Dean. 0.50 10.00 Total Professional Services 40.00 Rate Summary Eve A. Boutsis 0.30 hours at $100.00 /hr 30.00 Rose E. Cadenhead 0.50 hours at $ 20.00 /hr 10.00 Total hours: 0.80 Expenses Mileage _ 1.00 Sub -total Expenses: 1.00 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. Current Balance: 41.00 Previous Balance: 809.25 Payments - Thank you 0.00 Total Due 850.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 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 July 7, 2002 Matter ID: 0022 -111 South Miami Homeowners v. The Statement No. 11671 Hours Amount 06/05/2002 EGG Reviewed complaint; instructions to Ms. Boutsis. 1.00 175.00 06/05/2002 EGG Telephone conference with Mr. Gibbs and reviewed memorandum 0.50 87.50 by Ms. Taylor regarding actions and costs incurred by city to prepare for election. 06/06/2002 EAB Analysis of complaint and began legal research on election issues. 1.00 150.00 06/07/2002 EAB Received further research instructions from Mr. Gallop; telephone 2.80 420.00 conference with Mr. Lorber to obtain zoning map; legal research to obtain Dade County and City Charter; obtained copy of amended complaint and analyzed differences in original and amended pleadings; analysis of motion for temporary injunction; and continued legal research regarding referendum requirements and legal or improper charter amendments. 06/07/2002 REC Obtained zoning map from Mr. Lorber. 0.50 10.00 06/09/2002 EAB Analysis of research on requests for mandamus, injunction, and 4.00 600.00 what is a "misleading" ballot title and summary. 06/10/2002 EAB Meeting with Mr. Gallop to discuss further assignments; legal 6.00 900.00 research on issuance of bond for temporary injunction request; proper method for requesting mandamus, analysis of chapter 86, Fla. Stat., analysis of Dade County Home Rule Charter and City charter; analysis of whether adding a question mark to ballot is considered "misleading," continued legal research on issuance of injunction to prevent ballot election and prepared memoranda to file; and analysis of caselaw directing that charter is only method for controlling referenda in Dade County, and not section 101.161, Fla. Stat. 06/10/2002 EGG Analyzed amended complaint and motion for emergency injunction; 10.00 1,750.00 analyzed decisional authorities; prepared memorandum of law in opposition to motion and prepared for hearing. 06/11/2002 KC Travelled to and from court. Delivered motion to judge's chambers 3.50 262.50 before hearing. Attended hearing. 06/1112002 EGG Prepared for and attended hearing; prepared proposed order. 8.00 1,400.00 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 -111 Statement No.: 11671 Page: 2 06/12/2002 EAB Received assignment regarding standard of review on appeal; legal 2.50 3.75.00 research on trial court and appellate standard of review; and prepared two short inserts for appellate brief on these issues. 06/12/2002 JB Round trip drive to pick -up an emergency order from the judge's 0.50 12.50 chambers in this matter. 06/12/2002 EGG Prepared cautionary motion to expedite appeal; prepared response 8.00 1,400.00 brief; telephone conferences with mayor, city comm'rs, Mr. Scurr and opposing counsel. 06/13/2002 EAB Analysis of appellate brief and completed blue book citation 1.00 150.00 corrections; and drafted city's response to appellant's emergency motion to expedite appeal. 06/13/2002 EGG Final preparation of response brief; reviewed court order and 2.30 402.50 prepared response to appellants' emergency motion to expedite appeal; telephone conferences with Mr. Gibbs. 06/14/2002 EAB Sheppardized cases cited by Appellant in preparation for oral 0.50 75.00 argument. 06/14/2002 REC Delivered documents to Mr. Aubrey Rudd's office and Mr. W. 2.50 50.00 Tucker Gibb's office. Also filed Response to Emergency Motion to Expedite Appeal at the 3rd DCA. 06/14/2002 EGG Reviewed order and prepared for oral argument. 3.00 525.00 06/16/2002 EGG Reviewed decisional authorities and prepared for oral argument. 4.00 700.00 06/17/2002 EAB Attended oral argument before the Third District Court of Appeal 2.50 375.00 regarding ballot question. 06/17/2002 EGG Prepared for and attended oral argument; post- argument 3.90 682.50 de- briefing; telephone conferences with mayor and city comm'n., Mr. Scurr and Ms. Taylor. 06/20/2002 EGG Telephone conference with Mr. Gibbs regarding dismissal of action. 0.20 35.00 06/26/2002 EGG Telephone conferences with comm'rs. and Tucker Gibbs regarding 0.30 52.50 costs. Total Professional Services 10,590.00 Rate Summary Eve A. Boutsis 20.30 hours at $150.00 /hr 3,045.00 Jordan Braswell 0.50 hours at $ 25.00 /hr 12.50 Rose E. Cadenhead 3.00 hours at $ 20.00 /hr 60.00 Kimberly Clark 3.50 hours at $ 75.00 /hr 262.50 Earl G. Gallop 41.20 hours at $175.00/hr 7,210.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -111 Statement No.: 11671 Page: 3 Expenses Total hours: 68.50 Mileage 10.25 Parking Charge 4.50 Sub -total Expenses: 14.75 For Professional Services 10,590.00 For Disbursements Incurred 14.75 Current Balance: 10,604.75 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 10,604.75 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. r� v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 26, 2002 1 From: Earl G. Gallop, City Attorney Re: Lott & Levine Invoice I reviewed and approve the Lott & Levine May 25, 2002, invoice no. 5801 in the amount of $3,737.15. Attorney's fees and costs were expended in connection with the purchase of the Van Smith property at 7800 S.W. 59 Avenue. A status report on the transaction is attached. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT 7 & LEVINE IN THE AMOUNT OF $3,737.15; CHARGING THE 8 AMOUNT TO ACCOUNT NO. 1500 -514 -3435, CONTRACTUAL 9 SERVICES, REAL PROPERTY; PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, on January 16, 2001 the Mayor and City Commission of the 14 City of South Miami approved Resolution No. 14 -01 -11162 approving an option 15 contract to purchase real estate located at 7800 SW 59 Avenue, commonly 16 referred to as the Hammock House; and, 17 18 WHEREAS, the contract requires the City to commence probate and trust 19 proceedings to the point of obtaining the transfers of title to two parcels of land by 20 the personal representatives of Mr. and Mrs. Van Smith, as to one parcel, and by a 21 successor trustee for the other parcel; and, 22 23 WHEREAS, the City engaged the services of Mr. George Lott, of Lott & 24 Levine, to provide real estate, probate and trust services; and, 25 26 WHEREAS, Lott & Levine submitted an invoice, dated May 25, 2002, in 27 the amount of $3,737.15, for services rendered and the city attorney reviewed and 28 approved the invoice. The a copy of the invoice is attached to this resolution. 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 32 33 Section 1. The invoice for attorneys' fees and costs received from Lott 34 & Levine in the total amount of $3,737.15 is approved for payment and the 35 amount is charged to account no. 1500 -514 -3435. 36 37 Section 2. This resolution shall take effect immediately upon approval. 38 39 PASSED AND ADOPTED this day of July, 2002. 40 41 ATTEST: APPROVED: 42 Additions shown by underlining and deletions shown by over- . he 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: \\Dell_6100\Documents \City of South Miami \0022- 00 1 \14119.doc Page 2 of 2 LOTT & LEVINE TWO DATRAN CENTER, SUITE 1701 9130 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 May 25, 2002 CITY OF SOUTH MIAMI Reference No. 5801 EARL GALLOP, CITY ATTORNEY 3225 AVIATION AVENUE SUITE 301 MIAMI, FLORIDA 33133 For Professional Services Concerning: Matter Number: CITY4.00020 Title: PURCHASE OF VANSMITH PROPERTY 7800 S.W. 59 AVENUE Hours 01/10/02 BEGAN DRAFTING PETITIONS FOR ORDER AUTHORIZING EXECUTION OF CORRECTIVE DEED. 0.50 01/12/02 CALL TO PEARSON - OUT; FAX TO PEARSON - REQUEST FOR DRAFT OF JOINT LETTERS TO APPRAISERS. 0.30 01/14/02 TELEPHONE CALL TO PEARSON - OUT, LEFT MESSAGE. 0.20 01/14/02 COMPLETED DRAFT OF PETITIONS FOR ORDER AUTHORIZING EXECUTION OF CORRECTIVE DEED. 1.50 01/16/02 PREPARED WAIVERS AND CONSENT FORMS (FOR SIGNATURE BY PARRIS AND WILLIAM) TO PETITIONS FOR ORDER AUTHORIZING EXECUTION OF CORRECTIVE DEED; FAXED INSTRUCTIONS TO SURVEYOR FOR PREPARATION OF SURVEY. 1.00 01/16/02 TELEPHONE CONFERENCE WITH PEARSON - STATUS OF LETTERS TO APPRAISERS. 0.20 01/19/02 REVISIONS TO PETITIONS; FAXED PETITIONS TO PEARSON. 0.50 01/22/02 TELEPHONE CONFERENCE WITH SURVEYOR AND PEARSON REGARDING LEGAL DESCRIPTION. 0.50 01/31/02 RECEIVED AND REVIEWED FROM PEARSON PROPOSED JOINT LETTERS TO APPRAISERS; FOLLOW UP TELEPHONE CONFERENCE Page: 2 Reference Number: 5801 WITH PEARSON 0.30 02/01/02 TELEPHONE CONFERENCE WITH CITY ATTORNEY - STATUS REPORT; RECEIVED AND REVIEWED SURVEY; FAXED COPY OF SURVEY TO PEARSON. 0.50 02/04/02 TELEPHONE CONFERENCE WITH PEARSON - CHANGES TO JOINT LETTERS TO APPRAISERS; RECEIVED AND REVIEWED REVISED FORM OF JOINT LETTER. 0.30 02/11/02 RECEIVED AND REVIEWED FAX FROM PEARSON - CHANGES TO PETITIONS; REVISED PETITIONS AND CONSENT FORMS; LETTER TO PEARSON ENCLOSING PETITIONS AND CONSENTS FOR SIGNATURE. 1.00 02/14/02 FAX FROM PEARSON; FOLLOW UP FAX TO SURVEYOR - CORRECTIONS TO CERTIFICATIONS. 0.50 02/28/02 TELEPHONE CONFERENCE WITH PEARSON - STATUS OF RETURN OF SIGNED DOCUMENTS; TELEPHONE CONFERENCE WITH APPRAISER'S OFFICE. 0.30 03/19/02 TELEPHONE CONFERENCE WITH GALLOP - STATUS REPORT. 0.30 03/20/02 RECEIVED SIGNED PETITIONS AND CONSENT FORMS; PREPARED DRAFT OF ORDER AUTHORIZING EXECUTION OF CORRECTIVE DEED AND NOTICE OF FILING OF AFFIDAVITS, DIVORCE DECREE AND MARITAL SETTLEMENT AGREEMENT; FAXED DRAFTS TO PEARSON FOR REVIEW. 2.00 03/21/02 ATTENDED EX PARTE TO OBTAIN ENTRY OF ORDER AUTHORIZING EXECUTION OF CORRECTIVE DEED; OBTAINED CERTIFIED COPIES OF DOCUMENTS FOR RECORDING. 2.50 03/21/02 FAXED TO GALLOP AND PEARSON COPY OF ORDER; FOLLOW UP TELEPHONE CONFERENCE WITH PEARSON. 0.50 04/01/02 TELEPHONE CONFERENCE WITH OLGA CADAVAL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION; RECEIVED AND REVIEWED FAX - LIST OF APPROVED APPRAISERS. 0.50 04/15/02 TELEPHONE CONFERENCE WITH PEARSON - I STATUS OF SELECTION OF APPRAISER BY SELLER. 0.20 04/17/02 TELEPHONE CONFERENCE WITH GALLOP - STATUS REPORT ON SELLER'S SELECTION OF APPRAISER. 0.20 04/29/02 TELEPHONE CONFERENCE WITH PEARSON - WILL CALL BACK TODAY AS TO SELECTION OF APPRAISER BY SELLER. 0.20 04/30/02 RECEIVED AND REVIEWED COPIES OF JOINT LETTERS TO APPRAISERS; FOLLOW UP TELEPHONE CONFERENCE WITH PEARSON; DROPPED OFF SURVEYS TO SEND WITH LETTERS TO APPRAISERS. 1.00 05/01/02 TELEPHONE CALL TO OLGA CADAVAL AT SOUTH MIAMI LEFT MESSAGE AS TO STATUS OF APPRAISAL FOLLOW UP TELEPHONE CONFERENCE WITH PEARSON. 0.30 05/06/02 TELEPHONE CONFERENCE WITH PEARSON - HAS BEEN CONTACTED BY APPRAISER AS TO ESTIMATED COST AND TIME OF COMPLETION; RECEIVED AND REVIEWED FAX TO APPRAISER. 0.50 05/13/02 TELEPHONE CALLS TO APPRAISER - LEFT MESSAGES; RECEIVED AND REVIEWED FAX FROM OLGA CADAVAL; FOLLOW UP TELEPHONE CONFERENCE; FAXED LWCF APPRAISAL REQUIREMENTS TO PEARSON. 0.75 05/16/02 TELEPHONE CONFERENCES WITH PEARSON AND APPRAISER; FAXED LETTER TO APPRAISER. 0.50 05/25/02 REVIEWED STATUTE OF LIMITATIONS REGARDING STATE AND FEDERAL ESTATE TAXES; FAX TO PEARSON REQUESTING INFORMATION TO COMPLETE PRELIMINARY NOTICE AND REPORT. 0.50 Total Hours and Fees: 17.55 COSTS ADVANCED Date Description 03/21/02 Disbursement to: CLERK OF COURT: PROBATE COPY CHARGE Page: 3 Reference Number: 5801 $3,071.25 Cost Amount $24.00 Page: 4 Reference Number: 5801 03/21/02 PARKING $4.50 05/25/02 Disbursement to: CLERK OF COURT: RECORDING FEE $137.40 05/25/02 Disbursement to: BLANCO SURVEYORS, INC.: SURVEY OF 7800 SW 59TH AVE $425.00 i i 05/25/02 ADMINISTRATIVE EXPENSE $75.00 ------ - - - - -- Total Costs: $665.90 C Matter Summary: Total Fees: $3,071.25 Total Cost: $665.90 ------ - - - - -- Sub -Total Current Fees and Costs: $3,737.15 i Amount Due: $3,737.15 PAYMENT IS DUE ON OR BEFORE JUNE 12, 2002. PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU. LOTT & LEVINE ATTORNEYS AT LAW GEORGE J. LOTT MICHAEL D. LEVINE (1953 -1993) June 10, 2002 Earl G. Gallop, City Attorney City of South Miami 3225 Aviation Avenue, Suite 301 Mian. i, FL 33133 Re: Property located at 7800 SW 59" Avenue Dear Mr. Gallop: TWO DATRAN CENTER, SUITE 1701 9130 SO. DADELAND BOULEVARD MIAMI, FLORIDA 33156 TELEPHONE (305) 670 -0700 FAx (305) 670 -0701 I am pleased to report the following progress in connection with the above matter. On December 6`", 2001, the Probate Judge entered an Order appointing Garrett and Anthony Van Smith the Successor Co- Trustees of the Van Smith Trust. Even though the father, Howard Van Smith died a resident of Broward County, I was able to convince the Probate Judge to allow Mr. Smith's estate to be opened in Dade County because of the proceeding I had filed for the appointment of successor co- trustees for the Trust, and since Mrs. Van Smith's estate would also be probated in Dade County. Petitions were thereafter filed for the probate of Mr. and Mrs. Van Smith's estates and Letters of Administration appointing Garrett and Anthony as Co- Personal Representatives of their parents estates were entered on January 10, 2002. In the meantime, since Mr. Van Smith had divorced Anne in 1965 and thereafter married Michelline Van Smith, Michelline was contacted and a Quit Claim Deed and Affidavit was -obtained. from her, as well an Affidavit from.. the. attorney who had originally represented Mr. & Mrs. Van Smith when the Van Smith Trust was established.' With these documents, the probate Judge agreed to the entry of an Order on March 21, 2002 authorizing Garrett and Anthony to execute a corrective Quit Claim Deed so as to transfer to the Trust all the property which is under contract for sale to the City of South Miami. The applicable statute of limitations relating to estate taxes have all expired as to Mr. Van Smith. I received last week from Stephen Pearson, the attorney for the Van Smith family, the documents needed to establish that no estate taxes are due from Mrs. Van Smith's estate. These documents are being mailed to the Florida Department of Revenue to obtain a Non -Tax Certificate. According to the Contract, the Sellers and Buyer are each to have the property appraised by an appraiser of their choice for purposes of establishing the purchase price of the property. It is my understanding that the appraiser selected by the City was to inspect the property this past weekend and that his appraisal would be completed in the next two weeks. The Sellers' appraisal has been completed, but I have not, as yet, received a copy. I will keep you advised as to the appraisals. A survey of the property has been prepared showing no encroachments. The contract establishes a closing date of not later than December 31, 2002. Based on the progress as summarized above, it would appear that the transaction will be able to be closed much sooner than that date. GJL:amj LOTT & LEVINE CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: July 11, 2002 and City Commission FROM: Charles Scurr, Re: Agenda Item # 47 City Manager Comm. Mtg 07123/02 Cooperative Agreement with the U.S. Dept. of State REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SOUTH MIAMI POLICE DEPARTMENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF STATE. BACKGROUND AND ANALYSIS The South Miami Police Department has at times been involved in dignitary protection and other similar activities. With the relocation of the Consulate of Mexico to South Miami the Police Department has already incurred extraordinary expenses due to demonstrations at the Consulate. These expenditures had a significant negative impact upon the Department's budget. By entering into the attached agreement extraordinary costs become eligible for potential reimbursement, lessening the burden of these services on current resources. RECOMMENDATION Your approval is recommended. CS /gf/sh 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SOUTH MIAMI POLICE DEPARTMENT TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF STATE. WHEREAS, the South Miami Police Department, from time to time engages in law enforcement and related activities with the United States Department of State; and WHEREAS, the United States Department of State is empowered by 22 CFR 2 (a) to reimburse the Police Department for certain expenses incurred; and WHEREAS, reimbursement may only occur when a valid Cooperative Agreement is in place; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The Police Department is hereby authorized to enter into a cooperative agreement with the United States Department of State. Section 2. That this resolution be effective immediately after adoption hereof PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: 7 -93 DS -1909 1. 0 GRANT U.S. DEPARTMENT OF STATE ® COOPERATIVE AGREEMENT 2. AWARD NUMBER FEDERAL ASSISTANCE AWARD S- DSASD -02 -CA -002 3. PROJECT TITLE /DESCRIPTION Cooperative Agreement--'w'ith the South Miami Police Department 4. U.S. SHARE OF COST for Extraordinary Protective Services 5. RECIPIENT'S SHARE OF COST 0.00 6. TOTAL COST 7. ACCOUNTING AND APPROPRIATION DATA 1073- 207319 8. ISSUED BY Director, Diplomatic Security Service 9. AWARD PERIOD From. Date fully executedu h: Until terminated 10. NAME AND ADDRESS OF GRANTEE /RECIPIENT South Miami Police Department, 6130 Sunset Drive, South Miami, Florida 33143 1 1 . GRANTEE /RECIPIENT'S FEDERAL TAX 1.D./ 12. SEND REQUESTS FOR REIMBURSEMENT TO: 13. STATUTORY AUTHORITY FOR ASSISTANCE ESTABLISHMENT CODE (GEMS) 22 U.S.0 Mr. Carlos Castillo (page 5) Other: Foreign Missions Act 14. SPECIAL AWARD CONDITIONS o , as 22 CTF,2_a This award incorporates the attached Budget (Attachment General Provisions (Attachment 1, and the following documents: Standard Certifications and Financial Form SF 269a Sample Tasking Order 15. AGREEMENT The grantee /recipient agrees to execute the work in accordance with the following- -the approved application to the extent encompassed by this award; the attached documents; and the applicable rules checked below and any subsequent revisions. OMB Circular A -21 F� OMB Circular A -122 Lnj OMB Circular A -87 F] OMB Circular A -128 OMB Circular A -102 F] OMB Circular A -133 EJ OMB Circular A -1 10 ® 22 CFR 135, 137 & 138 16. GRANTEE /RECIPIENT NAME AND SIGNATURE 17. GRANTS OFFICER NAME AND SIGNATURE j Zw �, Donna R. Taylo i � 1� I t�.La 16A. TITLE 16B. DATE 17A. TITLE 17B ATE DS Grants Officer 18. GRANTEE /RECIPIENT ® is. R is not required to sign and return One copies of thi's document to the grants officer at the following address: Donna R. Taylor, DS /ASD /CAP, Department of State, Washington, D.C. 20522 -0303 7 -93 DS -1909 COOPERATIVE AGREEMENT BETWEEN THE DEPARTMENT OF STATE AND. SOUTH MIAMI POLICE DEPARTMENT The Department of State, Bureau of Diplomatic Security (hereafter referred to as the "Bureau ") and the South Miami Police Department hereby enter into a cooperative agreement. The South Miami Police Department shall assist the Bureau in accordance with the terms and conditions set forth herein: BASIC AGREEMENT A. Purpose of the Cooperative Agreement The services performed by the South Miami Police Department under this agreement shall be to provide extraordinary protective services for foreign missions and /or foreign government officials located within its jurisdiction. Upon specific request by a designated official of the Bureau, the South Miami Police Department may provide (if sufficient resources are available) extraordinary protective security services in the form of fixed post coverage, roving patrols and personal protective details at designated missions and consulates. The South Miami Police Department may also provide security services for visiting foreign government officials in the form of fixed post coverage, roving patrols at places of temporary domicile, motorcade and EOD support. B. Period of Agreement This cooperative agreement becomes effective when dated and signed by authorized officials of the South Miami Police Department, or its designated authority, and the Bureau. All services required will be requested in a tasking order authorized by the Grants Officer Representative (GOR) of the Program Office. Each tasking order shall be in effect for a period not to exceed ninety (90) days. At the end of the ninety (90) days, the tasking order shall be renewed upon review and approval of the GOR, and the South Miami Police Department. C. funding The Bureau shall reimburse the South Miami Police Department at the agreed upon schedule of wages and rates attached as an exhibit to the agreement. This schedule shall include personnel rates, equipment rates, supply rates, dog handling and any other charges related to extraordinary protection as approved by the Grants Officer FA Representative. The South Miami Police Department's negotiated, published rates and changes, resulting in renegotiations or projected escalation, shall be acceptable without modification to this agreement. All resources to be utilized will be described in a written tasking order format. Both parties shall agree to the skills, labor -hours and estimated costs, prior to beginning any task assignment or obligating funds. All approved expenditures under this agreement shall be for costs incurred during the validity period of the tasking order. These funds shall be paid and accounted for as provided in Sections III and IV below. II. OPERATIONAL RESPONSIBILITIES A. The South Miami Police Department In carrying out the purpose of this agreement, the South Miami Police Department, under the general direction of the Bureau, may assist the Bureau by providing extraordinary protective services, personnel, and /or equipment and supplies for foreign missions, consulates, and foreign officials. "Extraordinary protective service" means protective services provided or authorized in cases determined under the guidelines of 22 CFR 2a to constitute an extraordinary protective need. B. Bureau of Diplomatic Security The Bureau intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of this agreement. The Bureau: 1. Will define the requirement for extraordinary protective need. "Extraordinary protective need" means the existence of a threat of violence, or other circumstance, as determined by the Bureau, that requires extraordinary security measures that significantly exceed those which law enforcement authorities can reasonably be expected to take. 2. A designated representative in the Bureau's Miami Field Office will issue tasking orders, approved by the Grants Officer Representative (GOR), and maintain constant liaison with the South Miami Police Department during the need for extraordinary protective services. 3. Will approve and activate these protective services, as in coordination with the South Miami Police Department,' determine the level of protection to be provided and specific requirements for personnel, equipment, and supplies. 4. Monitor the threat and the support activities within the scope of the above objectives and redirect the objectives as necessary. 5. Adjust these support services based on the threat level and /or other extenuating circumstances, and shall terminate the agreement only as provided herein. The Bureau shall take action for non - compliance or terminate the agreement for convenience as provided in 22 CFR 135.43 -44. 3 III. EXPENDITURES AND PAYMENTS 1. Expenditures 1. The funds obligated under this agreement shall be used for the purposes described in paragraphs I and II (A) above. Charges shall be in accordance with the schedule of wages and equipment fees provided to this cooperative agreement. 2. In applying and accounting for funds made available pursuant to this agreement, the South Miami Police Department shall adhere to the applicable provisions of OMB Circular A -87, "Cost Principles for State and Local Governments." 3. No adjustment to the agreed to rates shall be made without the prior approval of the Bureau Grants Officer. There shall be no reimbursement for expenses incurred before or after the period of agreement as described in paragraph I (B). 4. The Grants Officer and GOR should be notified at least thirty (30) days in advance of any changes to the established hourly wage schedule for the South Miami Police Department law enforcement personnel. B. Payment of Funds Upon completion of the request services, but no more than thirty (30) days after the tasking order, invoices should be submitted to the GOR through the Miami Field Office Representative. The GOR will certify receipt of services and forward invoices through appropriate channels for payment. IV. REPORTING REQUIRMENTS A. General All reports required herein should be submitted in original and one copy as follows: Original to Grants Officer; copy to GOR, through the Miami Field Office Representative. B. Financial Reports Reports reflecting expenditures of the South Miami Police Department shall be completed in accordance with the form "Financial Status Report" SF -269, as identified in the Code of Federal Regulations, Title 22, Part 135. The form shall be prepared and submitted on a quarterly basis. C. Final Performance Report A final report shall be submitted within 30 days after the protective services are terminated under the tasking order. This report should summarize the protective n service activities, and cite areas of security concerns or recommendations for improvements in future operations. D. Financial Records; Inspection The South Miami Police Department shall maintain financial records that are supported by documentation in accordance with the provisions of 22 CFR 135.20. Such records shall be subject to audit by the Bureau, or as directed by the Bureau. All required financial records should be kept for inspection for at least three years after the date of submission of the final financial statement of expenditures. V. NONDISCRIMINATION IN FEDERALLY FUNDED PROGRAMS The South Miami Police Department's performance under this agreement shall be in compliance with the requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000(d). VI. STANDARD CERTIFICATIONS The following certifications are incorporated herein as part of this agreement: • Certification Regarding Drug -Free Workplace Requirements • Certification Regarding Debarment, Suspension, and other Responsibility Matters • Certification Regarding Lobbying VII. AMENDMENTS This cooperative agreement shall be modified at any time by a written amendment. The Grants Officer and the South Miami Police Department shall execute amendments that reflect the rights and obligations of either party. In the event the South Miami Police Department effects any change to this agreement at the direction of any person other than the Grants Officer, the changes will be considered to have been made without authority. Therefore, no payments will be made to cover any increase in cost resulting from work or services performed. VIII. MISCELLANEOUS A. Entire Agreement This agreement constitutes the entire agreement of the parties hereto concerning this funding arrangement. It replaces and renders void any other agreement or understanding, whether written or oral, existing between the parties concerning any matter addressed herein. P This agreement will be administered under the provisions of 22 CFR 135: Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments. This provision is the controlling reference for the agreement of the parties hereto. This agreement shall commence upon execution by both the Bureau and the South Miami Police Department, and shall remain in effect unless amended by mutual consent or terminated. Notification of the intention of either party to terminate the agreement shall be by written notice to the other party at least 120 days in advance of the proposed date of termination. B. Resolution of Disputes In the event of a dispute arising under or pertaining to any provision of the agreement or the performance thereof, the South Miami Police Department shall submit a claim in writing to the Grants Officer. The Grants Officer shall issue a written decision on the claim within 30 days of receipt, unless the time for such decision is extended by mutual agreement of the parties. If the South Miami Police Department is dissatisfied with the Grants Officer's resolution of the claim, or any part thereof, the Grants Officer's decision shall be appealed to the Assistant Secretary for Diplomatic Security, within 30 days of receipt. The Assistant Secretary for Diplomatic Security, after obtaining written or oral statements and documentary or other evidence for the South Miami Police Department and Grants Officer as deemed appropriate, will resolve the matter with a written determination that will constitute the final administrative action on the claim. The final administrative action by the Assistant Secretary for Diplomatic Security is not intended to restrict the South Miami Police Department from pursuing further adjudication through the appropriate appeals process. C. Department of State Contacts For communications with the Bureau on overall policy guidance and program direction, program concerns, daily issues, and matters requiring the approval of the GOR as specified in this agreement: Mr. Carlos Castillo (GOR) 3507 International Drive Room 317 Washington, D.C. 20008 (202) 895 -3607 Mr. R.D. Poison U.S. Department of State 51 S.W. First Avenue Room 404 Miami, Florida 33130 4 For communication with the Bureau on all financial and other matters, subject to Paragraphs III -VIII above: Ms. Donna Taylor DS Grants Officer U.S. Department of State 2121 Virginia Avenue, NW Washington, D.C. 20007 -0090 (202) 663 -0011 email: tavlordr @state.gov CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to enter into this grant. If it is later determined that the grantee knowingly rendered an erroneous certification, in addition to the remedies available to the Federal Government, the agency may terminate this transaction for cause of default. The grantee certifies to the best of its knowledge and belief, that it and its principles: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause . or default. 2. Where the grantee is unable to certify to any of the statements in this certification, such grantee shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date CERTIFICATION REGARDING LOBBYING (AGREEMENTS OVER $100,000) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre- requisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any grant, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or grant. (2) If any non - Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or grant, the undersigned shall complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. Name and Title of Authorized Individual Signature Date CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (22 CFR Ch. 1, Pt. 137, App, C) Instructions for Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is calked, in particular, to the following definitions from these rules: Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 U.S.C. 812),and as further defined by regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means, the employee of a grantee' directly engaged in the performance of work under a grant, including: (1) All direct, charge employees, (ii) All indirect charge employees unless their impact or involvement is insignificant to the performance of the 4 grant; and, (iii) Temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). The grantee certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantees workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free work - place: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number of each affected grant; (f) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 3 (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code). Street Address City and County State and Zip Code Check ( ) if there are workplaces on file that are not identified here. The undersigned certifies that he /she has read the above and will take any and all actions necessary to comply with the certifications. Name of Authorized Representative Title Signature Date CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr City Manager REQUEST f CSUBJECT: a July 23, 2002 Agenda Item # Commission Meeting, July 23, 2002 Request to authorize City Manager to execute a maintenance agreement with Envirowaste Services Group, Inc. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACTS, CONCERNING STORM DRAIN CLEANING, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENVIROWASTE SERVICES GROUP INC., FOR AN AMOUNT OF $10,000.00, WITH THE DISBURSEMNT TO COME FROM "STORMWATER TRUST FUND -- CONTRACTUAL SERVICES" ACCOUNT NO., 111- 1730 -541 -3450, FISCAL YEAR 2000/2002. BACKGROUND The storm drains in public rights -of -way occasionally require cleaning to remove obstructions and to clean -out sediments that interfere with the drainage system performance. This work requires a specialized vacuum truck equipped with "jet -rod" pressure washer attachments to clean the connecting culverts and exfiltration trenches. Through an inter -local agreement, the City has been using the City of Opa -locka for citywide preventative storm drain cleaning. But there is also a need for emergency cleaning on clogged storm drains, and having a second vendor available provides the City with added safeguards against flooding, and better ability to be responsible to emergency requests. /continued ... Mayor and City Commission Envirowaste Services Group, Inc. July 23, 2002 Page 2 of 2 ANALYSIS Envirowaste Services Group, Inc., currently provides storm drain cleaning services to the Village of Pinecrest through Resolution No. 2000 -43. Their contract with the Village of Pinecrest is valid through 10/28/2002. The attached resolution would authorize the City Manager to enter into a contract with Envirowaste Services Group, Inc., based upon their aforementioned unit price contract with the Village of Pinecrest. It should be noted that Envirowaste Services Group, Inc., has provided storm drain cleaning for the City of South Miami this fiscal year, and their quality or work and responsiveness has been exemplary. Envirowaste Services Group, Inc., currently has a purchase order with the City of South Miami for $4,000.00, based upon the aforementioned Village of Pinecrest contract. This resolution would therefore authorize the current contract to be expanded from $4,000.00 to $10;000.00, for the remainder of the year. The disbursement will be "Stormwater User Fee Trust Fund - Contractual Services" Account No. 111 -1730 -541 -3450 RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: Village of Pinecrest Extension of Agreement letter dated 11/7/00 ❑' Village of Pinecrest Contract dated 10/28/98 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACTS, CONCERNING STORM DRAIN CLEANING, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ENVIROWASTE SERVICES GROUP INC., FOR AN AMOUNT OF $10,000.00, WITH THE DISBURSEMNT TO COME FROM "STORMWATER TRUST FUND -- CONTRACTUAL SERVICES" ACCOUNT NO. 111 -1730 - 541 -3450, FISCAL YEAR 2000/2002. WHEREAS, the Mayor and City Commission of the City of South Miami wishes to proactively clean street drains to provide for hurricane readiness, and; WHEREAS, Envirowaste Services Group, Inc., a contacted vendor for the Village of Pinecrest, has the expertise and the equipment to provided storm drain cleaning services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a contract with Envirowaste Services Group, Inc., to be based upon their current unit price contract with the Village of Pinecrest, to provide storm drain cleaning services for an amount of $10,000.00 for the fiscal year. Section 2. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this day of , 2002. ATTEST: APPROVED: Ronetta Taylor, City Clerk Julio Robaina, Mayor READ AND APPROVED AS TO FORM: Earl Gallop, City Attorney Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: Nov -13 -01 10:00A PINECREST PUBLIC WORKS 305 234 211 P.02 OFFICE OF THE VILLAGE MANAGER g: viliage Council Evelyn Langlub Greer, Mayor Cindie Blanck, ;`ice Mayor Barry Blaxberg PINECREST Leslie Bowe Robert Hings:on Yrl!aga Manager Pete• G Lombard November 7, 2000 Mr. Lenny Coolman General Manager. Envirowaste Service Group, lac. 8390 Northwest 53 Street, Suite 200 MM .a:ri, Florida 33166 Re: Extension of Agreement for Storm Drainage Systein Cleaning Services Dear Mr, Coolman: On October 17, 2000; the Plre ^rest pillage Council adopted Resolution No. 2000 -43, which authorized a two -year extension to the agreement between the Village and Envirowaste Service Grc.:a, Lic. dated October 28, 1998 for Storm Drainage System Cleaning Services. The new expiration date for the Contract is Oc:uber 28, 2002. If you have am questions, plerse feel free to contact my Offl� t our earl convenience. Peter G. Lombardi Village Manager PGI.lY €g 1155! bOL, F[I Di-XIE HIGHWAY, PINE'CREST, FLC)R!DA 33 1 5h • ;305)234-2121 • FAX`. (3051 234-21131 • L- M.'s ll.: msnagcrrwc: pin�cre51 11 1� . NOV-13-01 10:00A P I NECREST PUBLIC WCkKS -X05 234' 2].7.9 P. 013 AGREEMENT FOR PROFESSIONAL SERVICES STORM DRAINAGE SYSTEM CLEAVING SERVICES Inc THIS CONTRACT, made and entered into on the day of 1998 by and between the Village of Pinecrest, Miami ade County, Florida, party of the first part (hereinafter called "Village "), and Envirowaste Services Group, Inc., Miami, Miami -Dade Countv, Florida, party of the second part (hereinafter called "Contractor "), a corporation FEID Number6:-5 -4g' ` Lq0 ; WITNES SETH THAT: WHEREAS, the VILLAGE is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 3?3, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the VILLAGE desires to maintain its stone drainage system through trash and debris removal, and �' -, ;.n EREAS, the CONTRACTOR has submitted a proposal : rtsponse to the VILLAGE'S Request for Proposals for Storin Drainage System Cleaning Services; and WHEREAS, the CONTRACTOR represents that it is qualified and willing to provide said services and the `TILLAGE wishes to enter into a CONTRACT with the CONTRACTOR; WHEREAS, the CONTRACTOR warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this CONTRACT; WHEREAS, the Village Council of the VILLAGE OF PINECREST, at its September 8, 1998 meeting, has authorized entering into a CONTRACT with the CONTRACTOR to perform these services; NOVI THEREFORE, the VILLAGE and the CONTR.��CTOR, in consideration of. the 1i a ual benefits flowing tivirr zacli to the Lji4ic'! , 4 aS Uilt3vti �. A Nov -13 -01 10.00A PZNECREST PUBLIC WORKS 305 234 2119 P -04 ARTICLE 1 -- STATEMENT OF WORT; 1. t The CONTRACTOR shall, to the satisfaction of the VILLAGE, fully and timely prov'de storm drainage system cleaning services as requested pursuant to the "project Specifications;' attached hereto as Exhibit "A ", and made a per of this CONTRACT. ARTICLE 2 -- TERM OF THE CONTRACT 2.1 The period of performance of this CONTRACT shalt commence on the date of this CONTRACT and continue for a period of two years terminating on /0 �Ieach c0 . The VILLAGE shall have the option to renew this COI ar for tw o additional years. ARTICLE 3 — COMPENSATION /CONSIDERATION 3.1 As consideration for providing the services required by this CONTRACT, the VILLAGE shall pay the CONTRACTOR the amounts for work completed, as specified: Cleaning of Catch Fusin S60.00 each Cleaning of French Drains $75.00 each Cleaning of Connecting Pipes S 2.00 per linear foot Cleaning of Outfalls $150.00 each Such amounts include all equipment, labor, materials and disposal costs. 3.2 Funding of this CONTRACT is subject to Village Council budgetary appropriation for the following VILLAGE fiscal years): FY 1998 -1999 and FY 1999 -2000. In the event the VILLAGE does not approve funding for future fiscal years, this CONTRACT shall terminate upon expenditure of the current ftu►dirg, notwithstanding other provisions in this CONTRACT to the contrary. The VILLAGE will notify the CONTRACTOR in writing after the adoption of the final VILLAGE budget for each subsequent fiscal year if funding is not approved for this CONTRACT. ARTICLE 4 — INVOICING AND PAYMENT 4.1 The C0NTRACT0n1S `,- i— ; -'es shall reference the VILLAGE'S Contract Naine: Storm DJ d, J35, Services an,' shall be nt tv :l;c t �lv, address; Department of Finance Village of Pinecrest 11551 South Dixie Highway Pinecrest, Florida 33156 2 Nov -13 -01 10:01A PINECREST PUBLIC WORKS 305 234 2119 P.05 I'liz CONTRACTOR ;should not submit invoices to any other address at the V iLLAGE. 4.2 '[he VILLAGE shall pay the till amoun, of the invoice within thirty (30) days of receipt and acceptance, provided the CONTRACTOR has performed the work according to the terms and conditions of this CONTRACT. However, failure by the CONTRACTOR to follow the foregoing instructions shall result in an unavoidable delay of payment by the VILLAGE. 4.3 Any early payment discount offered by the CONTRATOR shall be clearly indicated on the invoice, including the percentage of the discount and the time period for which the discount is valid. The VILLAGE reserves the option to accept such early payment discounts. ARTICLE 5 - PROJECT MANAGEMENT/NOTICE 5.1 The Project ?Manager for the VILLAGE OF PINECREST is Michael Estok, Public Works Director, 11551 South Dixie Highway, Pinecrest, Florida 33156, telephone (305) 234 - 2121. The Project Manager for the CONTRACTOR is at (�oS) 4 YAA- P 9SS" The parties shall direct al matters arising in connection with the performance of this CONTRACT, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating, to the performance of this CONTRACT. 5.2 All notices, demands, or other communications to the CONTRACTOR under this CONTRACT shall be in writing and shall be deemed received if sent by certified main, return receipt requested, to: { �t.✓N CB,�lf�r — A .tif'6 I`f.�.�xJ.S� fi`? c�- yv�•{m �cJ�rsrE sue: �� . �,4 . ANC All notices to the VILLAGE under this CONTRACT shall be in writing and se t by certified mail to. Mr. Peter G. Lombard Village Manager Village ofPinecrest 11551 South Dixie Highway Pinccrest,- Florida 33156 The CONTRACTOR shall also provide a copy of all notices to the Public Works Director, Michael Estok. All notices required by this CONTRACT shall be considered delivered upon receipt, Should either party, change its address, written notice of such new address shall promptly be sent to the other party. 3 Nov -13 -01 10:02A PINECREST PUBLIC WORKS 305 234 2119 P.pg: All correspondence to the VILLAGE, under tf:is CONTRACT shall reference the VILLAGE'S Contract Nance Storm Drainage System Cleaning Services. ARTICLE 6 - INDEMNIFICATION & INSURANCE 6.1 For One Hundred Dollars ($100.00) consideration, the sufficiency of which is acknowledged, payable as part of and included in the first payment hereunder, the CONTRACTOR shall defend, indemnify, save, and hold the VILLAGE, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expl-nses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local_ law or regulation, by the CONTRACTOR, its subcontractors, agents, assigns, invitees, or employees in connection with this CONTRACT. The CONTRACTOR further acknowledees that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this CONTRACT. 6.2 The CONTRACTOR shall procure and maintain, through': the term of this CONTRACT, insurance coverage reflecting, at a minimum, the limits an:d coverage conditions identified. The appropriate Certificate of Insurance attached as Exhibit `B," and made apart of this CONTRACT. The coverage required shall extend to all employees and subcontractors of the CONTRACTOR. The attached Certificate- of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage requires'. Thf. Cer± fication` shall be signed by the insurance carrier's authorized representative. ARTICLE 7 — TER]MINATION,rREMEDIES 7.1 If either party fails to fulfil I its obligations under this CONTRACT in a timely and proper marner, tlx:, other party shall have the right to terminate this CONTRACT by giving written notice of any deficiency. The party in default shall then have ten (i0) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency :within this time, this CONTRACT shall terminate at the expiration of the ten (10) day time period. 7.2 Either party may terminate this CONTRACT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the VILLAGE shall compens ^le the CONTRACTOR for all or p - - ' t:4 su.; �,.,� <n :, ate. The VILLAGE may aathotiLed .. ,.'n r„ �o- ,.0 .,, d� y withhold all payments to the CONTRACTOR for such work until such time as the VILLAGE determines the exact amount due to the CONTRACTOR. 7.3 If either party initiates legal action, including appeals, to enforce this CONTRACT, the prevailing party shall be er.titled to recover a reasonable attorney's fre, based upon the fair market value of the services provided. 4 Nov -13 -01 10:03A PINECREST PUBLIC WORKS 305 234 2119 paQT A Ems.. 1.4 in the event a dispute arises which the Project Managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding The mediator or mediators shall be irnpanial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 3 RECORDS RETENTION /W NERSHIP 8.1 The CONTRACTOR shall maintain records and the VILLAGE shall have inspection and audit rights as follows: A. Maintenance of Records: The CONTRACTOR shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this CONTRACT' including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection fora period of five years from "completing performance and receiving final payment ;ender this CONTRACT. 13. Examination, of Records: The VILLAGE or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or - indirectly related to this CONTRACT. Such examination may be made only within five years from the date of final payment under this_COiNTRACT and upon reasonable notice, time and place. Records which relate to any litigation, appeals or settlements of claims an-sing from performance under this CONTRACT shall be made available until a final disposition has been made of such litigation, appeals or claims. ARTICLE — STANDARDS OF COMPLIANCE 9.1 The CONTRACTOR, its employees, subcontractors or, assigns, small comply with all applicable federal, state, and local laws and regulations relating to the performance of this CONTRACT. The VILLAGE undertakes no duty to ensure such compliance, but will attempt to advise the CONTRACTOR, upon request, as to any such laws of which it has present knowledge, 9? The CONTRACTOR hereby assures that no person shali be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or be otherwise subjected to disvrimirnrinr u__. <L _ C"° N'J.'p, ;, CIT ^L,,:. .(�I'!`A'TT :A r.mr� it �, u i.iab.. ::. 1, :� .. ill V 11\..'ll., 1 . 11tG 1..V1t 1 !1.'1i_, 1 l/� S,: i2 `.l tai,-- .., measures necessary to effectuate these assurances. 9.3 The laws of the State of Florida shall gove?n all aspects of this CONTRACT, In the event it is necessary for either party to initiate legal action regarding this CONRRACT, venue shall be in the Fifteenth Judicial Circuit for claims under 5 Nov -13 -01 10:04A PINECREST PUBLIC state law and ir, the Southern Justifiable in federal court. WORKS 305 234 2119 District of Florida for any clatnts which are 9.4 The CONTRACTOR, by its execution of this CONTRACT, acknowledges that it has executed an affidavit (FORM PUR 7068) pursuant to Section 287.133(3)(a), Florida Statutes, attached hereto as Exhibit "C" and made a part of this CONTRACT, either previously or concurrently hereto, affirming that the CONTRAC•1'OR is not identified as being barred from entering into this CONTRACT with the VILLAGE, and that the CONTRACTOR understands that it remains bound by said statute; and affidavit, as therein specified. The CONTRACTOR further understands and acknowledges by its execution of this CONTRACT, that this CONTRACT shall be null and void, andlor that this CONTRACT is subject to immediate termination by the VILLAGE, for any misstatement or lack of compliance with the mandates of said statute. The VILLAGE,' in the event of such termination, shall not incur any liability to the CONTRACTOR fo: any work or materials furnished. 9.5 The CONTRACTOR shall not be exempted from paying Florida State Cates and Use taxes to the appropriate governmental agencies or for payment by the CONTRACTOR to suppliers for taxes on materials used to fulfill its contractual obligations with the VILLAGE. Th° CONTRACTOR shall be responsible and liable for the payment of all of its FICA /Social Security and other taxes resulting from this CONTRACT. 9.6 The CONTRACTOR warrants that it has not employed or retained any person, other than a bona fide employee working solely for the CONTRACTOR, to solici` or secure this CONTRACT. Further the CONTRACTOR warrants that it has no, paid or agreed to pay any person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this CONTRACT. For breach of this provision, the VILLAGE may terminate this CONTRACT without liability and, at its discretion, deduct or otherwise recover, the full amount of such fee, commission, percentage, gift, or other consideration. 9.7 The CONTRACTOR shall aliow public access to all project documents end materials in accordance with the provisions of Chapter 119, Florida Statutes - Should the CONTRACTOR assert any exemptions to the requirements of Chapter H 9 and related Statutes, the burden of establishing such exemption, by way of �i n -� Sn,-1aA'S�� leor.. or ,ther reliAf � p.o.. b a ,, shall ►: r' ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 14.1 The CONTRACTOR is an independent contractor and is not an employee or a5ent of the VILLAGE. Nothing in this CONTRACT shall be interpreted to establish any relationship other than that of an independent contractor, between the VILLAGE and the CONTRACTOR, its employees, agents, subcontractors, or 6 assigns, during or after the performance of this CONTRACT. The CONTRACTOR is free to provide similar services for others. 102 The CONTRACTOR shall not assign, delegate, or otherwise tratisfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the VILLAGE. Any attempted assignment in violation of this provision shall he void. 10.3 The CON"IR-ACTOR shall not pledge the VILLAGE'S credit or make the VILLAGE a guarantor of payment or surety for any contract, debt, obligation, j udgment, lien, or any form of indebtedness: ARTICLE l l -- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this CONTRACT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this CO \TRACT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint o_'Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of Clue care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this CONTRACT shall otherwise remain ir. effect. This provision shall not apply if the "Statement of Work" of this CONTRACT specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this CONTRACT shall conflict, or appear to conflict, the CONTRACT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this CON'T'RACT by the parties, their successors and assigns shall not be deemed a waiver of arty of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this CONTRACT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this CONTRACT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a cortinaing x— ess the wrif --:r- states otherwise: 1.4 Should any term or provision of this CONTRACT be held, to any extent, invalid or unenforceable, as against any person., entity or circumstance during the t rrn hereof, by force of any statute, law, or ruling of any foruin of competent jurisdiction, such invalidity shall not affect any other term or provision of this CONTRACT, to the extent that the CON"fRP.CT shall remain operable, enforceable and in full and effect to the - xtentpermitted by law. �4 Nov -13 -01 10:06A PINECREST PU3L1C WORKS 305 234 2119 p 09' assigns, during or after the performance of this CONTRACT. The CONTRACTOR is free to provide similar services for others. 102 The CONTRACTOR shall not assign, delegate, or otherwise tratisfer its rights and obligations as set forth in this CONTRACT without the prior written consent of the VILLAGE. Any attempted assignment in violation of this provision shall he void. 10.3 The CON"IR-ACTOR shall not pledge the VILLAGE'S credit or make the VILLAGE a guarantor of payment or surety for any contract, debt, obligation, j udgment, lien, or any form of indebtedness: ARTICLE l l -- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this CONTRACT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this CO \TRACT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint o_'Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of Clue care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this CONTRACT shall otherwise remain ir. effect. This provision shall not apply if the "Statement of Work" of this CONTRACT specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this CONTRACT shall conflict, or appear to conflict, the CONTRACT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this CON'T'RACT by the parties, their successors and assigns shall not be deemed a waiver of arty of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this CONTRACT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this CONTRACT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a cortinaing x— ess the wrif --:r- states otherwise: 1.4 Should any term or provision of this CONTRACT be held, to any extent, invalid or unenforceable, as against any person., entity or circumstance during the t rrn hereof, by force of any statute, law, or ruling of any foruin of competent jurisdiction, such invalidity shall not affect any other term or provision of this CONTRACT, to the extent that the CON"fRP.CT shall remain operable, enforceable and in full and effect to the - xtentpermitted by law. Nov -13 -01 10 :07A PINECREST PUBLIC WORKS 305 234 2119 P.10 1 1.5 This CONTRACT may be amended only with the written approval of the parties hereto. 11.6 This CONTRACT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements' previously existing between the parties «pith respect to the subject matter of this CONTRACT. The CONTRACTOR recognizes that any representations, statements or negotiations made by VILLAGE staff do not sufftce to legally bind the VILLAGE in a contractual relationship unless they have been reduces to writing ind signed by an authorized VILLAGE representative. This CONTRACT shall inure to the benefit of and shall be binding upon the parties, their respective assips, and successors in interest. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this CONTRACT on the date first written above. CONTRACTOR: ENVIROWASTE SERVICES GROUP, INC. B. Rafael Barba, P.G., President 8390 Northwest 53 Street, #2100 Ivli.ami, Flo 'dYar 33166 B, B. Ra President Attest. Sea]: 8 VILLAGE: VILLAGE OF PIi`1ECREST Evelyn Langlieb Grccr, Mayor 11551 South Dixie .Highway Pinecrest, Florida 33156 By: ei>-- A - E• lym glieb Greer Mayor Attest: Jr., CMC �p public L. Or• °'cS 3056687208 p.2 _�_.1zrv1r20p1 11.23 FAX 305 59 °l "999 SEITLIN 1 NM.1y iuyff 7 'N:r -�-��nn /. r. .{"l Yh(' %ik rfils'L.f 'tJYK AY�y ?vw- `r•��' 8t'�{! 4-.. sii:! tyVY'0.V.Y.aw.x k�tl., �' ...:.- aAf:. .M...:��.. sty DA�!'..rw•a s/ iT� °{!.•11...x;'" ro;.''�.rr: ^aK�. d:. i A+.;te7%�' - &ra�+a i �°f1',y,, s"�Ja l• ".. 12/07/01 r aa'kY 305- 581.0040 , :. k:..'. IISRIMCATS 13 14A 2QOIW VWQM Y SEITLIPI toensasroluGarsurottez�TmCATxaot� TSUCmadtCAts DOES NOT AMM. SX=RNID OR ALTER TW COVEAACt AnxIa D BT "M 2001 NW 107 AVE., SUITE 200 COWAMES AFFODMG COYh3tKGE MIAMI, FL 33172 COCOMPANY Y Greenwich Insurance Co. 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JY.<r - ,--OUT 11 0 4 NCORPORATER 1927 �0R Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: July 23, 2002 City Commission ITEM No. From: Charles Scurr RE: LDC Amendment City Manager Permitted Use in GR District 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- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, Enterprise Leasing Co., Inc. is requesting the City to amend the Permitted Use Schedule of the Land Development Code to include "automobile rental agency" as a permitted use in the "GR ", General Retail Use District. The application package submitted refers to the specific address of 6394 South Dixie Highway that the company wishes to locate an automobile rental agency. The location is within a "GR" zoning use district. It is important to note that the submitted application is a general text amendment to the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in GR zoning use districts. STAFF OBSERVATIONS (1) The uses allowed in the GR district are included in the Permitted Use Schedule (Section 20- 3.3(D) which is a listing of what uses are permitted in each of the City's 26 zoning use districts. There are currently over 70 separate commercial (permitted and special) uses allowed in the GR zoning use district. (see Attachment Commercial Uses Permitted in GR.) (2) At present automobile rental agencies are only permitted as a special use in the TODD (LI -4) zoning use district. This district permits a number of industrial uses and automobile repair and service establishments. In October of 2001, the Land Development Code was amended to permit a number of automobile related uses in the TODD (LI -4) District. LDC Amendment - Permitted Use July 23, 2002 Page 2 of 3 (3) During the past year the City's Permitted Use Schedule was comprehensively reviewed by the Zoning Task Force, which recommended a number of changes to the types of uses permitted in each zoning district. The Task Force's revised Permitted Use Schedule proposes that automobile rental agencies be allowed as conditional permitted uses in the current SR (Hometown), GR, TODD (LI -4) zoning districts, as well as a new Mixed Use zoning district. The new "conditional "category would mean the use is permitted as a matter of right as long as certain pre - determined requirements are met. Although the Task Force's final work product will not be completed until next month, the specific recommendation on this issue should be considered in responding to this application. (4) The City's "GR" General Retail District covers property located on heavily traveled major arteries (S. Dixie Highway, Bird Road). These districts currently have a number of non - conforming auto related repair and service establishments, which although needed and convenient, should not be allowed in a retail oriented district. The automobile rental agency, however, is primarily a retail service and, subject to certain restrictions, would be an appropriate use in the GR district. The conditions proposed below related to traffic, screening, parking, and prohibiting certain activities would limit the impact of the rental agency on adjacent properties and businesses. PLANNING BOARD ACTION The Planning Board at its May 28, 2002 meeting recommended approval of the application with the following modification: that the applicant's request to allow the automobile rental agency as a Permitted Use be changed to Special Use. The Board felt that the Special Use category would allow for maximum discretionary review. (public hearing required). In addition, the Board recommended that five (5) conditions should be applicable to a special use request for an automobile rental agency. These conditions are set forth below. The motion to approve was made by Ms. Yates and seconded by Mr.Illas. The motion was adopted by a vote of 4 ayes and 1 nay (Mr. Mann). ACTION ON FIRST READING At the first reading of the ordinance on June 11, 2002 the Administration concurred with the recommendation of the Planning Board that an automobile rental agency be allowed as a Special use in the "GW' General Retail Use District with special requirements (conditions) applicable. The Administration felt that one of the five conditions recommended by the Planning Board, requiring a 100 foot setback from a residential district, would prohibit a number of available and appropriate sites from even being considered. It was suggested that the special use review process would a better method to individually consider each application and to apply a needed buffer between the rental ,agency building and :a residential property. The City Commission agreed. The City Commission at the meeting also modified the proposed ordinance by eliminating the special use condition requiring a 6 -8 foot concrete wall as a separation from a residential district and substituting a requirement of a installing a landscape buffer acceptable to the ERPB. The Commission also had concerns regarding the potential for noise from the use of vacuum cleaner on site. The ordinance, as modified, was adopted by the Commission on first reading. SPECIFIC.LDC AMENDMENTS The proposed amendments will require that two separate sections the of the Land Development Code be amended. Amendment A revises the Permitted Use Schedule to allow an automobile rental agency as a special use in the GR District. Amendment B revises the Code section containing special use requirements by adding certain conditions which an automobile rental agency must adhere to. LDC Amendment - Permitted Use July 23, 2002 Page 3 of 3 AMENDMENT A Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Automobile Rental Agency S I T-227 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (Note: New wording in bold - underlined) AMENDMENT B 20 -3.4 Special use conditions. (B) Special Requirements. 22 AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) When adjacent to a residential district, a landscape buffer acceptable to the City's ERPB shall be constructed along dividing property lines (c) Required parldng spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (d) Maintenance, mechanical repair, and washing of cars on site is prohibited RECOMMENDATION It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow an automobile rental agency as a Special Use in the GR, General Retail Use District with the modified conditions, as shown above and in the attached second reading ordinance, be approved. Attachments: Draft Ordinance Application Applicant's Letter of Intent Applicant's Letter on conditions Uses Permitted in GR Planning Board Minutes 5/28/02 Public notices CS/RCi SAYJJ D; \Comm Items\2002\7 -23 -02 \LDC Amend Car Rental GR Report.doc ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Automobile Rental Agency S I T-227 11 * Parking requirement category; 1 space per 300 sq.ft gross floor area (Note: New wording in bold - underlined) AMENDMENT B 20 -3.4 Special use conditions. (B) Special Requirements. 22 AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) When adjacent to a residential district, a landscape buffer acceptable to the City's ERPB shall be constructed along dividing property lines (c) Required parldng spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (d) Maintenance, mechanical repair, and washing of cars on site is prohibited RECOMMENDATION It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow an automobile rental agency as a Special Use in the GR, General Retail Use District with the modified conditions, as shown above and in the attached second reading ordinance, be approved. Attachments: Draft Ordinance Application Applicant's Letter of Intent Applicant's Letter on conditions Uses Permitted in GR Planning Board Minutes 5/28/02 Public notices CS/RCi SAYJJ D; \Comm Items\2002\7 -23 -02 \LDC Amend Car Rental GR Report.doc 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 I'll M 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 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -02 -006 was submitted to the Planning and Zoning Department by Enterprise Leasing Company, Inc., said application requesting that Section 20- 3.3(D), Permitted Use Schedule of the City's Land Development Code be amended to include automobile rental agency as a permitted use in the "GR", General Retail Use Districts; and WHEREAS, after review, the Planning and Zoning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," of the City's Land Development Code to permit an automobile rental agency as a permitted use in the "GR ", General Retail Use Districts and further recommended that Section 20 -3.4 (B) "Special Requirements" be amended to provide conditions applicable to an automobile rental agency; and WHEREAS, on May 28, 2002 after Public Hearing regarding the proposed amendment to Sections 20- 3.3(D) and 20- 3.4(B), the Planning Board approved a motion by a vote of 4 -1, recommending that a an automobile rental agency be included as a Special Use in the "GR ", General Retail Use Districts and that Section 20 -3.4 (B) "Special Requirements" be amended to provide conditions applicable to an automobile rental agency; and WHEREAS, the City Commission has accepted and modified the recommendation of the Planning Board and desires to enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 (D) Permitted Use Schedule nuauNE 10 HIND rKUrr.aaMINAL NEKVICES Automobile Rental Agency ZONING DISTRICT 22 11 R L M N S G T T T T T H P 'P C P O O O R R R O O O O O I R O A USE TYPE D D D D D N R D D D D D D K M M L P P U U I I R 4 5 4 nuauNE 10 HIND rKUrr.aaMINAL NEKVICES Automobile Rental Agency S S 22 11 Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording in bold - underlined) 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 (2) Section 2 That Section 20 -3.4 (B), entitled, "Special Use Conditions / Special Requirements," of the South Miami Land Development Code is hereby amended to read as follows: 20 -3.4 Special use conditions. (B) Special Requirements. (22) AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use: (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned ap rcels. When adjacent to a residential district, a landscape buffer acceptable to the City's ERPB shall be constructed along dividing properly lines. c) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. (d) Maintenance, mechanical repair or washing of cars on site is prohibited. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence; or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2002 ATTEST: APPROVED: CITY CLERK 1 st Reading - 2nd Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell Commissioner Feliu Commissioner Bethel: Commissioner : Wiscombe CRY of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-63326; Fax: (303) 666-4591 Application For Public Planning Hearing Before Board & CitY Commission t3 15 q:CS I t1t 1, ILEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: -1 Oviner —Owner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PL=,�4SE CHECK THE APPROPRIATE ITEM: 5(--' , ext Amendment to LDC —Variance Zoning N, I a'p Amendment Special Use PU") Approval —Special Exce.;on PUD Nla,icr Change —Other S,-IeF;y exPI2.'n application and cite specl-flc Code sections: of the South Miami Land Development Code to permit by -right automobile leasing and rental an the General Retail ("GR")Dist-rict, subject to conditions and limitations set forth in the 2 SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: X Letter of intent X Justifications for change — Statement of hardship — Proof of ownership or letter from owner — Povier oflattorney — Contract to purchase — Current survey (1 oricinai sealed a.7.Z s�,cnerVi redu :ed --cp'y � 11 " x 11 • ccE);es 0- S::e Pla^ and -loc- P'a-s redUCE-� CO2,j X 17" Proce,-Ly c,,vner ceis (3 sets) and ma.p X Fequirej Fee(s) z.-: 'L' has r---a-' till Is Co M -�!C:cd app: ic a-: �3n are -: , - infoi—mation a,7,d all submii-Led ma[erlals art S' 0 p I I C a, n t s -10k�lecrg- a'n` b,2 I ic C. C AppllcarxC Signature and t tle Dat� I Upon receipt, a I' ris and all submitted materials will be reviewed for compliance liance with the Land Development Code and oth-f icatio applicab e reau ations. Applications found not in compliance will be rejected anyr.'tUTned to the applicant. OFFICE USE ONLY Date Filed Petition Required Method of Payment 8/2/00 Date of PB Hearing Date of Commission Petition Accepted_ CARLOS WILLIARD 8 FLANAGAN, P.A. ATTORNEYS AT LAW SUITE 1000 THOMAS P. CARLOS 999 PONCE DE LEON BOULEVARD W. CHAD WILLIARD CORAL GABLES, FLORIDA 33134 JEFFREY M. FLANAGAN TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E- MAIGCWF- LAW @SHADOW.NET April 26, 2002 Mr. Richard G. Lorber, AICP Planning Director City of South Miami, Planning and Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Lorber: On behalf of my client, Enterprise Leasing Company, Inc. (the "Applicant "), please accept this correspondence as a Letter of Intent filed in connection with an Application for Public Hearing before the City of South Miami Planning Board and City Commission to request a text amendment to the South Miami Land Development Code (the "Code "). Specifically, the Applicant intends to establish an automobile leasing and rental agency at a parcel located at 6394 South Dixie Highway, South Miami, Florida (the `Property "). The Property is currently zoned General Retail ( "GR" ), which does not currently permit automobile leasing and rental use as a matter of right. Therefore, the Applicant hereby requests that Section 20 -3.3 (D) be amended to allow the following "Use Type" to be "Permitted By Right" in the General Retail District ( "GR "), subject to the conditions and limitations set forth below: Automobile leasing and rental shall be permitted by right, subject only to the following conditions: (a) where there are abutting, residentially zoned parcels, no commercial traffic shall travel through said residential districts to gain ingress /egress to /from the GR -zoned parcel. (b) storage of vehicles, as contemplated in Section 20 -4.4 of the Code, shall not be permitted. The Applicant requests this text amendment to the Code because such an amendment is required in order to permit the Applicant to establish an Enterprise Rent -a -Car leasing office on the Property. Furthermore, the Applicant respectfully submits that, for the reasons discussed herein, the text amendment is justified. First, with the above mentioned Limitations (i.e., conditions to ensure that any automobile leasing and rental use in the GR District would not be of the large scale type where significant numbers of vehicles are stored outside, such as those typically found on or near airports), the proposed use would be compatible with other commercial uses currently permitted by right in the GR District. Second, the prohibition of commercial traffic traveling through abutting residential parcels will further ensure the compatibility of the proposed use with adjacent residential districts. Also, it is the Applicant's understanding that this particular text amendment to the Code would likely have been initiated and approved by the City of South Miami as part of its zoning code amendment process during the next six to twelve months. However, given the Applicant's need to establish its leasing and rental agency on the property as soon as possible, the Applicant is taking the initiative to have this individual text amendment filed, processed and (hopefully) approved by the City Commission in a shorter amount of time. As such, it would appear that the City would agree that the requested use is compatible and should be permitted by right in the GR District. Finally, while this is a general code amendment, it will have the immediate, specific and positive effects of allowing the Applicant to establish a use of the Property which will result in significant upgrades being made to an otherwise deteriorated and blighted property. If you should need any additional`, information or wish to discuss modifications to the Applicant's proposed text amendment, please do not hesitate to contact me. Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. W. Chad Williard WCW /bb CARLOS WILLIARD 8 FLANAGAN, P.A. ATTORNEYS AT LAW SuIrE 1000 THOMAS P. CARLOS 999 PONCE DE LEON BOULEVARD W. CHAD WILLIARD CORAL GABLES, FLORIDA 33134 JEFFREY A FLANAGAN TELEPHONE 305.444.1500 FACSIMILE 305.443.8617 E - MAI L: C W F - LAW @SHADOW. NET VIA HAND DELIVERY April 26, 2002 Mr. Richard G. Lorber, AICP Planning Director City of South Miami; Planning and Zoning Dept. 6130 Sunset Drive South Miami, FL 33143 RE: Enterprise Leasing Company Inc. - Request To Amend the City Of South Miami Land Development Code "General Retail District to Allow the Automobile Leasing and Rental Use to be Permitted By Right Dear Richard: Pursuant to the City of South Miami Planning and Zoning Department's procedures for filing the above referenced Land Development Code Text Amendment Application, enclosed please find the following required documents; to wit: completed Application form; Letter of Intent; and a check made payable to the City of South Miami in the amount of $1,750.00 as the filing fee for the Application. As we discussed during our meeting on Wednesday, April 24, 2002, the Letter of Intent for this Application includes the request, the justifications for same and proposed language to add the automobile leasing and rental use (permitted by right) to the General Retail ( "GR ") District of the Code. With respect to our discussion of the storage issue, my research of other local codes did not yield any particularly helpful definitions for storage. Therefore, in an effort to memoralize the concept of what is trying to be prohibited, I have referenced Section 20 -4.4 of the City's Code - it is the only section of the Code which I found to contain a paragraph dealing with storage (Section 20 -4.4 (M)(7)(c) in particular). While this section deals specifically with storage of vehicles in the context of valet parking, I believe it expresses the customary concept of storage which is sought to be prohibited with respect to the subject automobile leasing and rental use. However, if you have alternate suggestions for addressing this issue, please let me know. Finally, as we discussed, it is my hope that this Text Amendment Application can be expedited along the following schedule: May 28, 2002 - Hearing before the Planning Board June 4, 2002 First reading before the City Commission June 11, 2002 — Second reading (final approval) by the City Commission I will contact you to discuss these issues further. However, in the interim, should you have questions, comments or need further information please do not hesitate to contact me: Yours truly, CARLOS WILLIARD & FLANAGAN, P.A. 49M-10 W. Chad Williard WCW /bb cc: Curt Neary (via facsimile w/o enclosures) PERMITTED COMMERCIAL USES IN "GR" DISTRICT Air Conditioning Sales & Services Animal Hospital or Veterinarian (S) Antique or Curio Shop Automobile Accessories & Parts (S) Automobile Dealer (S) Bait & Tackle Shop Bakery Beauty or Barber Shop Bicycle Sales & Services Boat Dealer (S) Book or Stationery Store Bowling Alley or Skating Rink (S) Bus, Transit or Taxi Terminal Business Machine Sales & Services Camera & Photo Supply Store Carpeting or Flooring Sales Clothing or Apparel Store (new only) Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Counseling Services Dairy Products Store Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Dry Cleaning Substation (no processing) Dry Cleaning Plant (S) Fabric or Drapery Shop Florist Gasoline Service Station (S) Grocery Store (over 4,000 sf gfa) Gift, Novelty or Souvenir Shop Glass and Mirror Sales & Services Hardware Store Hobby, Toy or Game Shop Household Appliance Store Home Furniture or Furnishings Store Jewelry Store Lawn & Garden Supplies Lawnmower Sales & Services Lighting: Fixtures Store Liquor Store Mail & Parcel Center Massage Therapist Mobile Automobile Wash/Wax Service (S) Motorcycle Dealer (S) Office Supplies Paint Glass & Wallpaper Store Parking Lot, 'Commercial Pet Sales; or Grooming Services Plant Nursery or Greenhouse Plumbing Shop Poultry, Meat or Seafood Market Quick Printing Radio & TV Broadcasting Station Recreational Vehicle Dealer (S) Restaurant, Convenience (S) Restaurant, General (S) Sewing, Needlework or Piece Goods Store Shoe Store Sporting Goods Store Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment Goods. (S) Used Merchandise Store: Secondhand Goods (S) Variety Store KALand Development CodeTERMITTED USES studiesTERMITTED USES IN GR DISTRICT.doc CRAFT CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting ,Action Summary Minutes Tuesday, May 28, 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 7:39 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Illas served as Chairperson and requested roll call. Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Comendeiro, Mr. Illas and Ms. Yates. Board members absent: Mr. Morton and Ms. Gibson. City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning Consultant), Brian Edney (Video Technician), and Maria M. Menendez (Board Secretary). III. Public Hearings Applicant: Barry G. Malik 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) ", TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING DISTRICT, SPECIFICALLY LOCATED AT 5869 PROGRESS ROAD Action: Mr. Mann read the item into the record and staff presented the request for Special Use Approval to operate an automotive repair facility at 5869 Progress Road in South Miami. The Board and staff discussed the request, after which the public hearing was opened. There were no speakers. Planning Board Meeting May 28, 2002 Page 2 of 4 Applicant Present: Barry G. Malik Motion: Mr. Mann moved to approve the request as presented and Mr. Comendeiro seconded the motion, with the following conditions as per staff s recommendation: 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 Progress Road. 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. Vote: Ayes 5 Nays 0 Applicant: Enterprise Leasing Company, Inc. 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- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTAB -LISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Yates read the item into the record and staff presented the request. The applicant, Enterprise Leasing Co., Inc. is requesting the City to amend the Permitted Use Schedule of the Land Development Code to include "automobile rental agency" as a permitted use in the "GR ", General Retail Use District. The application package submitted Planning Board Meeting May 28, 2002 Page 3 of 4 refers to the specific address of 6394 South Dixie Highway as the location where the company wishes to place an automobile rental agency. The Board, staff and the applicant discussed the request in detail since if adopted, two separate sections of the Land Development Code must be amended. Amendment A revises the Permitted Use Schedule to allow an automobile rental agency in the GR District. Amendment B revises the Code section containing special use requirements by adding special requirements which an automobile rental agency must adhere to, whether it is a special use or permitted as a matter of right. Applicant Present: Jeffrey Flanagan, Esq. (representing Enterprise Leasing) Speaker against the proposal: Cal Rosenbaum First Motion: Mr. Comendeiro moved to deny the request and Mr. Mann seconded the motion. Mr. Mann recommended that the Zoning Task Force review these types of requests bearing in mind what is best for the Cityin the long term. After further discussion, Mr. Comendeiro withdrew his motion. Second Motion: Ms. Yates moved to approve the request, as a "Special Use" in the GR District, and Mr. Illas seconded the motion, which included the conditions specified by staff as follows: IMSWOM 20 -3.4 Special use conditions. (B) Special Requirements. (22) AUTOMOBILE RENTAL AGENCY The following requirements shall be applicable to all automobile rental agencies allowed as a as special use. (a) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels. (b) No structure shall be located less than one hundred (100) feet from any adjacent residential district. (c) When adjacent to a residential district, a masonry or concrete wall of between six (6) and eight (8 ) feet in height shall be constructed along dividing property lines. (d) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles. .N (e) Maintenance, mechanical repair or washing of cars on site is prohibited. Planning Board Meeting May 28, 2002 Page 4 of 4 (f)Rental of RV's or commercial trucks is prohibited. Vote: Ayes 4 Nays l (Mr. Mann) IV. Approval of Minutes Action: The Board duly voted on and approved the minutes of April 30; 2002. Vote: Ayes 5 Nays 0 V. Remarks: No remarks. VI. Adjournment Action: "I here bei-nu 4;.o fur'Lher business before the Board, Mr. Bias adjourried the _meeting at a rvx _rr; .te y 9:18 Pi'V1. K:\P9\PS Nfinates`,MINS 05- 28- 02.doc y guide to'this week's `Best Bets' in TV and cable listings.. A'"- W"o, W- I r W Ar � Iw 8. HOMES THAT NEED PAINTING 8 homeowners in this general area will be given the opportunity of having new, LIQUID SIDINGTM applied to their homes at factory- direct prices.. This amazing new product has captured the interest of homeowners throughout the United States who are fed up with constant painting and other maintenance costs. It comes with a 25 -year non- prorated warranty and makes your home energy efficient, as well as fire resistant. And is backed by a 30 year old international' company. Our new product can be,used over any type of home, including frame, concrete block, and stucco homes. It comes- in a choice of colors and is now going to be introduced to the LOCAL market. Your home can be a showplace in your neighborhood and we will make it worth your while if we can use your home. For an FREE estimate, please call: 011918 1 488 723- 1100 AIAmVA Main Office in -West Palm Beach Serving all of South Florida LIC# QB20973- CGCO17016 PUBLIC HEARING HISTORIC PRESERVATION BOARD will hold a public hearing on: Proposed Ordinance Amendments The Public Hearing will be held on Wednesday, July 17, 2002, at 3:00 p.m. at the Stephen P. Clark Center, 111 NW First Street Conference Room 18 -4, Floor 18 . Miami, Florida Public Hearing items will be heard after 3:00 pm following Board business items The Public is invited to attend and comment. A person who decides to appeal any decision made by any board, agency, or commission with respect to any matter considered at its meeting of hearing will need a record of the proceedings. Such person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Multiple members of individual community councils may be present. Miami -Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services For material in an alternate format, a sign language interpreter, or other accorrmodations Tease call 105 -375 -4958 of !east five devs in advance. k Office of Historic Preservation 305- 375 -4958 4 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the Cite of South Miami, Florida will conduct Public Hearing during its regular City Commission meeting Tuesday, July 23, 2002 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider 2nd Reading of the following described ordinance(s): 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- 3 3(D), ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL- AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR AGENCY; PROVIDING FOR SEVERABILITY PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Said ordinance can be inspected in the City Clerk's Office, Monday Friday during regular office hours. Inquiries concerning this item should be directed to the Planning Department at: 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 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 tho appeal is to be based. 1 40, .� IME,%4o INCORPORATED • 1927 L0RI4 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr REQUEST MEMORANDUM Date: July 23, 2002 Re: Agenda-Item Park Lands for Schools A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MIAMI -DADE PUBLIC SCHOOLS "PARK LANDS FOR SCHOOLS" POLICY EXPRESSING OPPOSITION TO THE USE OF PUBLIC PARKS FOR BUILDING SCHOOL FACILITIES; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Vice Mayor Russell sponsored the above referenced resolution, which opposes the use of public parks for the building of school facilities. The adoption of a "Park Lands for Schools" Policy will have significant adverse effects on our environment. Furthermore, parks are an essential part of our every day existence. They are a vital part of our quality of live. They help to facilitate a sense of well being by holding group youth activities and family social gatherings. This resolution encourages Miami -Dade County School Board to explore other avenues with less detrimental effects on area residents and the environment. RECOMMENDATION Approval is recommended. May 20, 2002 Dr. Michael M. Krop, Vice Chair, Miami -Dade County School Board 1450 N.E. 2n6 Avenue Miami, Florida 33131 v` `J SU$7ECT: PUBLIC RECORDS REQUEST o REFERENCE: HAULOVER BEACH PARK Dear Dr. Michael M. Krop, j, Please accept this letter a Public Record R eques:. We request copies of the following public records: Copies of all correspondence ndence and hone records between you and others regarding your proposal to place a public school in Haulover Beach Park. Copies of all memos and letters received eoncoming Your proposal to place a public school inHaulover Beach Park. Please advi when l will be able to review the subject material. I am at phone number 305/685-5731). Ext. 174. Thanking yo a in advance for your cooperation- Richard R Mason Home Office Phone: 305.893.1+838 Fax 305.893 -8823 GOVERNMENTAL AFFAIRS AND LAND USE POLICY AND ACQUISITION MEMORANDUM February 12, 2002 TO: Ms. Suzanne A. Marshall, Chief Facilities Officer (Construction) Facilities Planning and Construction FROM: Ana Rijo- Conde, AICP.�� District Director SUBJECT: PLACEMENT OF PUBLIC SCHOOLS ON PARK PROPERTY Backaround Information In keeping with the recommendations contained in the memorandum dated January 11, 2002 on the above referenced topic, this is a follow -up to the meeting we held January 31, 2002 in your office with two members of the Overcrowding Task Force (OTF), Mr. Peter Cabrera and Ms. Diane Fitzsimmons. The purpose of the meeting was to discuss strategy and the formulation of a proposal that could ultimately be used to successfully help Lift t charter restriction on the placement of public schools on county- owned parks, the a countywide referendum. As you may r call, the two OTF members were very supportive of the concept and provided value le input from their perspective as private citizens. The consensus was that to garner sufficient countywide voter support, the approach should be one that reconciles the need to preserve park space, with the need to help relieve school overcrowding by increasing the number of sites available for public schools. This is particularly true in urban areas where vacant land is virtually non- existent. To that end, the group discussed the following as a possible countywide strategy: 1. Compile a list of park agreements between the School Board and the county; 2. Identify School Board owned open space areas in which the county has expressed an interest for possible use as a community facility, after school hours; 3. Based on student population projections and projected need for additional student stations, identify county park areas of potential interest to the School Board; 4. Formulate a proposal which pairs up School Board owned open spaces that could be made available to the county as park or recreational space after school hours, with county owned parks in locations desirable for the siting of school facilities. The proposal might also include a component where any new school facilities built under this arrangement could be made available to the county for community activities after school hours. Page 1 of 2 Additional Options: The above plan of action is based on a comprehensive approach. However, other options could e pursued at a smaller scale as outlined below. Additionally, since none of them are mu ually exclusive, they could also be explored in tandem or concurrently. Option 1: Establish pilot projects in cities that opted out of the parks' bond issue and are therefore not subject to Article 6 of the county's charter. These cities are Miami, Hialeah, Coral Gables, Hialeah Gardens, Sweetwater and West Miami. This could be explored almost immediately, using the same general framework proposed above. A successful pilot with one or more of these cities would be helpful in any future efforts to amend Article 6 of the county's charter. Option 2: Formulate a proposal that focuses on just one county facilit such as Haulover ar , an requests voter approval for School Board use of a po i or a school, such as a PLC or even an elementary. This Lion cou v uo either in terms of School Board owned land of interest to the county that could be made available for use as a park or a recreational facility, or in terms of allowing the county to use "the school" as a community center, after school hours. Both the comprehensive countywide strategy and option 2 above would require a voter Ceferendum, In order for a measure to be included on the November 5, 2002 ballot, the following tasks would need to be completed on a rather accelerated schedule: ❑ Compile the lists referenced above — by February 28, 2002 • Prepare position paper and meet with county staff — by March 29, 2002 • Present proposal to the School Board —April 17, 2002 meeting ❑ If approved, present proposal to Board of County Commissioners — June /July 2002 ❑ Community outreach activities - August through October 2002 ❑ Referendum — November 5, 2002 7 In addition, to help, b iu Id a stronger coalition of support,J recommend that the present working group be expanded to include Ms.. Leslie Coller (Miami Beach Quality Education Committee), Ms. Karin Brown (Dade County PTSA), Ms. Ethel Pruitt (Citizens' Advisory Council) and Ms. Nadine McMillon (Chair of the ABC). These individuals are also contributing .members of the OTF. ARC :svl R -378 cc: Mr. Delio G. Diaz Mr. Fernando Albuerne i Page 2 of �� . Merrett R. Stierheim Miami -Dade County School Board Superintendent of Schools April 30, 2002 Ms. Perla 7abares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Solafts Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan The Honorable Robert H. Yaffe Mrs. Manly Sabatds Morse Dr. Marta P6rez Mayor, Town of Bay Harbor Islands Dr. Solomon C. Stinson 9665 Bay Harbor Terrace Bay Harbor Islands, FL 33154 (305) 995 -1334 Dear Robert: As you already know, the public schools that serve your community are severely overcrowded. The School Board has been investigating the few available properties that could possibly be a site for a school. Recently the Board passed a resolution that asks the County to look nto the possibility of joint use of various county park properties which could ameliorate our overcr wding problem. One such opportunity might be the placement of a small elementary school at Haul over Beach Park. For your further information, I'm enclosing a copy of a letter on this subject which was recently sent to the County Commissioners by our Superintendent and Chair of the School Board. As I mentioned to you in a previous letter, each day approximately 500 students pass through this park on their way to Ruth K. Broad Bay Harbor Elementary, a school that was designed for 880 but already has over 1,300 students. A small school at Haulover Park, which is practically unused during the week, would have no negative impact on this park. As a matter of fact, the school's playground would be available for weekend and holiday use by the public. I'm asking you to embrace this initiative by sending a letter of support to the County Commissioners. The commission would have to place this issue before the public in a forthcoming referendum, probably in September. Ruth K. Broad Bay Harbor Elementary School is a wonderful asset for the people and children in your community. It would be even better with 500 less students. Please eel free to call me if you have any questions. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb Attachment cc: Mr. Merrett R. Stierheim Commissioner Gwen Margolis MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerheim Miami -Dade County School Board Superintendent of Schools April 30, 2002 Ms. Perla Tabares Hantman, Chair p Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan The Honorable avid Samson Mrs. Manty Sabates Morse Oc Marta Perez Mayor, City of unny Isles Beach Dr. Solomon C. Stinson 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 (305) 995-1334 Dear David: As you already know, the public schools that serve your community are severely overcrowded. The School Board has been investigating the few available properties that could possibly be a si e for a school. Recently the Board passed a resolution that asks the County to look into the possibility of joint use of various county park properties which could ameliorate our overcrowding problem. One such opportunity might be the placement of a small elementary school at Haulover Beach Park. For your further information, I'm enclosing a copy of a letter on this subject which was recently sent to the County Commissioners by our Superintendent and Chair of the School Board. As I mentioned to you in a previous letter, each day approximately 500 students pass through this park on their way to Ruth K Broad Bay Harbor Elementary, a school that was designed for 880 but already has over 1,300 students. A small school at Haulover Park, which is practically unused during the week, would have no negative impact on this park. As a matter of fact, the school's playground would be available for weekend and holiday use by the public. I'm asking you to embrace this initiative by sending a letter of support to the County Commissioners. The commission would have to place this issue before the public in a forthcoming referendum, probably in September. Ruth K. Broad Bay Harbor Elementary School is a wonderful asset for the people and children in your community. It would be even better with 500 less students. Please feel free to call me if you have any questions. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb Attachment cc: Mr. Merrett R. Stierheim Commissioner Gwen Margolis MIAMI -DADE COUNTY PUBLIC CHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelm Miami -Dade County School Board Superintendent of Schools April 3O, 2002 Ms. Perla Tabares Hantman, Chair p Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan The Honorable Paul Novack Mrs. Manly sabatCs Morse Dr. Marta PCrez Mayor, Town of Surfside Dr. Solomon C. Stinson 9293 Harding Avenue Surfside, FL 33154 (305) 995 -1334 Dear Paul: As you already know, the public schools that serve your community are severely overcrowded. The School Board has been investigating the few available properties that could possibly be a site for a school. Recently the Board passed a resolution that asks the County to look into the possibility of joint use of various county park properties which could ameliorate our overcrowding problem. One such opportunity might be the placement of a small elementary school at Haulover Beach Park. For your further information, I'm enclosing a copy of a letter on this subject which was recently sent to the County Commissioners by our Superintendent and Chair of the School Board. As I mentioned to you in a previous letter, each day approximately 500 students pass through this park on their way to Ruth K. Broad Bay Harbor Elementary, a school that was designed for 880 but already has over 1,300 students. A small school at Haulover Park, which is practically unused during the week, would have no negative impact on this park. As a matter of fact, the school's playground would be available for weekend and holiday use by the public. I'm asking you to embrace this initiative by sending a letter of support to the County Commissioners. The commission would have to place this issue before the public in a forthcoming referendum, probably in September. Ruth K. Broad Bay Harbor Elementary School is a wonderful asset for the people and children in your community. It would be even better with 500 less students. Please feel free to call me if you have any questions. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb Attachment cc: Mr. Merret R. Stierheim Commissioner Gwen Margolis MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE - MIAMI, FLORIDA 33132 Merrett R. Stierheim Miami -Dade County School Board Superintendent of Schools April 30, 2002 Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Solanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan The Honorable Howard Berlin Mrs. Manty Sabatas Morse Mayor, Bal Harbour Village Dr. Marta Parez Dr. Solomon C. Stinson 655 96th Street I Bal Harbour, FL 33154 I (305) 995.1334 Dear Howard: As you already know, the public schools that serve your community are severely overcrowded. The School Board has been investigating the few available properties that could possibly be a site for a school. Recently the Board passed a resolution that asks the County tovercro,�,tng look i o the possibility of joint use of various county park properties which could ameliorate our di problem. One such opportunity might be the placement of a small elementary school at Haul ver Beach Park. For your fiuther information, I'm enclosing a copy of a letter on this subject which was recently sent to the County Commissioners by our Superintendent and Chair of the School Board. As I mentioned to you in a previous letter, each day approximately 500 students pass through this park on their way to Ruth K. Broad Bay Harbor Elementary, a school that was designed for 880 but already has over 1,300 students. A small school at Haulover Park, which is practically unused during the week, would have no negative impact on this park. As a matter of fact, the school's playground would be available for weekend and holiday use by the public. I'm asking you to embrace this initiative by sending a letter of support to the County Commissioners. The commission would have to place this issue before the public in a forthcoming referendum, probably in September. Ruth K. Broad Bay Harbor Elementary School is a wonderfiil asset for the people and children in your ommunity. It would be even better with 500 less students. Please fe 1 free to call me if you have any questions. Sincerely, Dr. Michael M. Krop, Vice. Chair Miami -Dade County School Board MMK:ajb Attachment cc: Mr. Merrett R. Stierheim Commissioner Gwen Margolis April 18, 2002 IYIIG1FIU- ✓a__ -- ••1 - -- - - Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Frank J. Bolanos Frank J. Cobo Dr. Robert B. Ingram Betsy H. Kaplan Manty Sabates Morse Dr. Marta Perez Dr. Solomon C. Stinson The Honorable Chair and Members of the Miami -Dade Board of County Commissioners superintendent of Schools RE: COLLABORATIVE SCHOOLS /PARKS PARTNERSHIP MerrettR.Stierheim Dear Miami -Dade Bland of County Commissioners: The Miami -Dade Board of County Commissioners and the Miami -Dade School Board have long had a history of productive and mutually beneficial partnerships, as evidenced by the many collaborative endeavors which have been undertaken by the two entities over the years, for the greater benefit of the Miami -Dade constituency. It is in this spirit of cooperation that we, the School Board, request that our partnership be taken to the next level, as we jointly strive to provide for our community's open space, recreation and school needs. The School Board is aware of the constraints currently imposed on the Board of County Commissioners by Article 6 of the county charter, relative to the utilization of county -owned park and recreational space. Likewise, we are aware of the challenges facing both of our entities to provide sufficient and adequate facilities that will meet the needs of our growing population. These challenges, which have reached a critical stage, particularly when one considers the increasing competition for the same resources from the private sector, begs for joint ventures and partnerships between compatible public entities. We would then like to request that the Board of County Commissioners give favorable consideration to amending Article 6 of the county charter to allow for joint ventures and collaborative efforts between our two entities. Specifically, we respectfu ly request that the Board of County Commissioners revisit and consider broadening the pres nt charter language to encourage such joint ventures and collaborative efforts with the School Board on county -owned parkland. Similarly, and because we realize the county's need for additional parks and recreational space on a countywide basis, we would be prepared to reciprocate by making available to the Board of County Commissioners for joint use, existing School Board -owned open space areas adjacent to our educational facilities. We realize that the above is a general concept that would need to bE more fully explored and refined by our respective staffs. However, we firmly believe that as po icy makers, we must take the first step in this endeavor, and set forth the general parameters under which this collaborative school Board Administration Building - 1450 N.E. 2nd Avenue - Miami, Florida 33132 305 - 995 -1430 - FAX 305- 995 -1488 - www.dadeschools.net Board of County Commissioners April 18, 2002 Page 2 of 2 policy could be further developed. Please advise at your earliest conven ence of how we can accomplish this important and relevant task. We look forward with anticipation to a,favorable response. Sincerely, Perla Tabares Hantman, Chair The School Board of Miami -Dade County, Florida Merrett R. Stierheim Superintendent of Schools MRS:sma L1447 SAM L127 cc: School Board Members School Board Attorney Mr. Joe Arriola Ms. Suzanne A. Marshall Mr. Delio G. Diaz Ms. Ana Rijo- Conde Dr. Michael M. Krop SBAB — Rm. 700 MEMORANDUM April 16,'2002 TO: Members of The School Board of Miami -Dad County, Florid FROM: Merrett "R. Stierheim, Superintendent of Sc o s SUBJECT: STAFF FOLLOW -UP: AGENDA ITEM J- , SCHOOL BOARD MEETING OF JANUARY 16, 2002 - EXPLORE THE FEASIBILITY OF REQUESTING JOINT USE OF CERTAIN PARK LANDS (I.E. HAULOVER PARK) WITH THE COUNTY FOR PRIMARY LEARNING CENTERS OR SCHOOLS, AND RETURN WITH INFORMATION AND A PLAN OF ACTION At the School Board meeting of January 16, 2002, staff was directed to explore the feasibility of requesting joint use of certain park lands with the county for primary Learning centers or schools, and return with information and a plan of action. This item is related and essentially the same as Agenda item J -1, School Board meeting of December 12, 2001, which directed staff to look into the legality of placing a school on park property. Attached is a memorandum from Ms. Ana Rijo- Conde, District Director, Governmental Affairs and Land Use Policy and Acquisition, that summarizes staff's research. Staff is being directed to prepare a letter to the Board of County Commi sioners requesting that they consider amending Article 6 of the County charter and to include a brief explanation for t is recommendation. MRS:sma M1442 SAM619 Attachment cc: School Board Attorney Superintendent's Executive Staff Ms. Suzanne A. Marshall Mr. Delio G. Diaz Ms. Ana Rijo - Conde Dr. Michael M. Krop SBAB — Rm. 700 MEMORAN UM April 1.5, 2002 TO: Members of The School Board of Miami Pd, ounty, Florid FROM: Merrett R. Stierheim, Superintendent f S SUBJECT: STAFF FOLLOW -UP: AGENDA I M J -1, SCHOOL BOARD MEETING OF DECEMBER 12, 2001- PLACEMENT OF PUBLIC SCHOOLS ON PARK PROPERTY At the School Board meeting of December 12, 2001, staff was directed to look into the legality of placing a school on park property. Attached is a memorandum from Ms. Ana Rijo- Conde, District Director, Governmental Affairs and Land Use Policy and Acquisition, that summarizes staff's research. am recommending that staff prepare a letter to the Board of County Commissioners requesting that they consider amending Article 6 of the County charter and briefly explain the premises for this recommendation. MRS:sma M1432 SAM611 Attachment cc: School Board Attorney Superintendent's Executive Staff GOVERNMENTAL AFFAIRS, LAND USE POLICY AND ACQUISITION MEMORANDUM TO: Ms. Suzanne A. Marshall Chief Facilities Officer (Construction) FROM: Ana Rijo- Conde, AICP District Director'�'z! SUBJECT: SCHOOLS ON PUBLIC PARKS Background March 29, 2002 On March 1't, School District (District) representatives attended a meeting with Miami -Dade 'County (County) staff. In attendance representing the School District/School Board were Ms. Judy Matz, the writer, Mr. Fernando Albuerne and Mr. Michael Levine. In attendance representing the County were Ms. A(ina Tejeda- Hudak, Assistant County Manager, Ms. Vivian Rodriguez, Park and Recreation Director, Mr. Howard Gregg, Assistant Park and Recreation Director and Dr. Barbara Falsey, the Park and Recreation Department's Chief of Planning. Discussion focused on the following two topics: 1) the general idea of schools on public parks and as a specific example, a possible collaborative effort at Haulover Park; and 2) existing parkischool agreements that may need to be revisited .as to duration and /or other conditions, pursuant to a review of same by the county attorney's office as it relates to the county charter, and by the School District's bond counsel as it relates to bond related requirements, and obligations to the bond insurer on park properties improved by the District with Certificates of Participation (COP). Relative to the first item, District staff requested the County consider a joint venture for the nature center building proposed for Haulover, whereby the District would (for example) add -on a PLC building, approximately 20,000 square feet, as part of the County's nature center and then possibly develop an agreement for a joint program at the facility with the county. District staff also indicated that such a facility would not in and of itself meet student station needs in the area, but rather be one of several facilities presently being proposed in northeast Miami- Dade. District staff also pointed out that a PLC would take a very small area (112 acre) out of a rather large county park, and if built as a joint venture could create economie of scale for our two entities. Page 1 of 2 Although the County staff was generally supportive of establishing better communication between their respective offices and the District on matters relating to park/school joint use agreements, it was apparent that they are not, at their level, willing to advance the concept of schools in public 'parks or the required charter change. Relative to the second item above, the consensus was to re- establish the Parks /Schools Task Force, which apparently used to meet on a regular basis a few years back to discuss District and County needs and issues relating to the joint use or development of parks /schools spaces. The first meeting took place March 19th to develop a list of pending issues and the next meeting is anticipated for sometime during the second or third week in April. Conclusion At this point, I would recommend that a letter be forwarded directly from the School Board to the Board of County Commissioners, requesting consideration be given to amending Article 6 of the County charter and briefly explaining the premises b hind it. !took the Liberty of preparing a draft letter for your review and comm nt. Please advise. ARC -svl R -399 Attachment CC'. Mr. Delio G. Diaz Page 2 of 2 BAY HARBOR � ISLANDS I Town Council I AAC,yor Gov �Uyp lv:S I(: ve, CmuncJrr(in ji I K, cx-rlory Covmik-oman I Irwic. zi'ber Co.mci"mvm Town 0MC1015 Ullc3a K�4,K-n To— monoger To 0.0A Cimil h Steel nor Tcr n Anorrwy ji,4-n Rnsr' (716A of PrA;ce A,•i 1:',. z;))c:,r7 Fir.once Offic,,t DATF TO: FAX NO FROM: OUR FAX: RE: jys FAX COVER SHEET February 26, 2002 D r . Michael Fr,,jp, Vice Chair, Miami -Dade County Schooi Board (305) 995-2,185 Robert H. Yaffe (30b) 899-11PR6 'Thank you for your letter regardinq efforts to locate a school ill flau 1 over Pax k . Attached i!�. a copy of a letter, which T faxed to Gwcri Margolis yesterday. This transmission consists of 3 panes including this pac3t:l - j - 13,,y -47t ,-ne SI, --d-m K 3 .i i1 * LJ: C'(7- f MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelm Superintendent of Schools February 26, 2002 The Honorable David Samson Mayor, City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 Dear David: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabati6s Morse Dr. Marta Parez Dr. Solomon C. Stinson (305) 995 -1334 The School Board recently passed a resolution asking our superintendent to begin discussions with the County to consider allowing the pl cement of small schools on park property, specifically including Haulover Park. s you know, this change to the Master Plan requires a county -wide referendum. I'm sure you are aware that Ruth K. Broad -Bay Harbor Elementary School, which many of the children in your municipality attend, is severely overcrowded. As many as 500 children are currently bussed through Haulover Park to attend school in Bay Harbor. The placement of a small school in the park would have little negative impact, and would actually enhance the park, as the facility and playgrounds could be used o weekends and holidays by the greater community. I want to bring this matter to your attention early in the process, because your communi would benefit considerably by having less crowded schools for our children. iy support you can give to this initiative would be greatly appreciated. Please feel free to call me if you would like to discuss this further. Sincerely, Dr. Nv ichael M. Krop, Vice Chair Miami -Dade County School Board NflVd :ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING Merrett R. Stlerheim Superintendent of Schools The Honorable Howard Berlin Mayor, Bat Ha hour Village 655 96th Stre t Bal Harbour, FL 33154 Dear Howard: 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat6s Morse February 26, 2002 Dr. Marta Pcrez Dr. Solomon C. Stinson (305) 995 -1334 The School Board recently passed a resolution asking our superintendent to begin discussions with the County to consider allowing the placement of small schools on park property, specifically including Haulover Park. As you know, this change to the Master Plan requires a county -wide referendum. I'm sure you are aware that Ruth K. Broad -Bay Harbor Elementary School, which many of the children in your municipality attend, is severely overcrowded. As many as 500 children are currently bussed through Haulover Park to attend school in Bay Harbor. The placement of a small school in the park would have little negative impact, and would actually enhance the park, as the facility and playgrounds could be used on weekends and holidays by the greater community. I want to bring this matter to your attention early in the process, because your community would benefit considerably by having less crowded schools for our children. Any support you can give to this initiative would be greatly appreciated. Please feel free to call me if you would like to discuss this further. Sincerely, Dr. 06bae1 M. Krop, Vice Chair Miami -Dade County School Board NMM:ajb SCHOOL BOARD ADMINISTRATION BUILDING Merrett R. Stierhelm Superintendent of Schools 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 February 26, 2002 The Honorable Robert Yaffe Mayor, Town of Bay Harbor Islands 9665 Bay Harbor Terrace Bay Harbor Islands, FL 33154 Dear Robert: Miami-Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolafios Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabates Morse Dr. Marta Parez Dr. Solomon C. Stinson (305) 995.1334 The School Board recently passed a resolution asking our superintendent to begin discussions with the County to consider allowing the placement of small schools on park property, specifically including Haulover Park. As you know, this change to the Master Plan requires a county -wide referendum. I'm sure you are aware that Ruth K. Broad -Bay Harbor Elementary School, which many of the children in your municipality attend, is severely overcrowded. As many as 500 children are currently bussed through Haulover Park to attend school in Bay Harbor. The placement of a small school in the park would have little negative impact, and would actually enhance the park, as the facility and playgrounds could be used on weekends and holidays by the greater community. I want to bring this matter to your attention early in the process, because your community would benefit considerably by having less crowded schools for our children. Any support you can give to this initiative would be greatly appreciated. Please feel free to call me if you would like to discuss this further. Sincerely, Dr. Mi�hael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierhelm Superintendent of Schools February 26, 2002 The Honorable Paul Novack Mayor, Town of Surfside 9293 Harding Avenue Surfside, FL 33154 Dear Paul: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolaiios Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabatas Morse Dr. Marta Parez Dr. Solomon C. Stinson (305) 995 -1334 The School Board recently passed a resolution asking our upermtendent to begin discussions with the County to consider allowing the pla ement of small schools on park property, specifically including Haulover Park. s you know, this change to the Master Plan requires a county -wide referendum. I'm sure you are aware that Ruth K. Broad -Bay Harbor Elementary School, which many of the children in your municipality attend, is severely overcrowded. As many as 500 children are currently bussed through Haulover Park to attend school in Bay Harbor. The placement of a small school in the park would have little negative impact, and would actually enhance the park, as the facility and playgrounds could be used on eekends and holidays by the greater community. I wan to bring this matter to your attention early in the process, because your community would benefit considerably by having less crowded schools for our children. Ar Ly support you can give to this initiative would be greatly appreciated. Please feel free to call me if you would like to discuss this further. Sincerely, Dr. M chael M. Krop, Vice Chair Miami-'Dade County School Board MvlK;ajb 0 n LAG Val Qt 1( t�� 3v5- 379 - ot #Will �Udv"" - ( /G 4&,e-,'4P ,,, (- Af�� Feb -26 –OZ 02:5/r - -- >lat' HARBOR 6�1 SUN DSIA Town CotinO Pi74-,cri I I ri., l`ebruary 25, 2002 MnrM Via Facsimilc (305- 375 -550'D Vice MOI^N llonorahle Gwcn Margolis P(:v.:.rr:lI Chair. Miami -Dade County Commission COOncilman 111 NW First Street. Mi:uni, Florida caw K-oy sc. cG,M,Cil.woman Re: IIaulover Park co"dc ;k.... 17ear Cominissioner Margolis: cOun J-0man I understand that the Miarni -Dade Cuunly Commission will consider approval of the revised general plan for the development and renovation of llaulover Beach Park at its meeting eCn,C�PaOmart tomorrow. Since the redevelopment of the Park atl'ects Bay Harbor islands and neighboring conununities, Town Officiols we have expressed concern that we be kept informed of developments ccmceminc the park. In rav letter of March 20, 2001, to Mayor Alex Penela.`, after WC I=rned from a newspaper tindc Town Nw „�, article ofii.proposal to relocate f laulover Fire Re..wuc Station 21, and in subsequent meetings at Bay 1 larhior islands Town l Tall and at your office,. I urged Cuunly oil icials to communicate JU10 M. Coral with municipal officials on matters that affect our residents. 1 am, therel� ire, disappointed to Ta”" cis learn that thcrewas no communication with the Town of Bay Harbor islands advising us that the proposed Master Plan would he umsiderco.i at a committee meeting last week and by the w,nmN ,�:r Comtni sion tomorrow. ,inhi As you know, the •1•own ofl3ay Harbor Ishtnds has generally been supportive of the County's C."ef of Fd'ce plans to redevelop Haulovcr Beach Park, particularly since. the C.ouilty advised us that it would not roceed with the proposal m relocate Station 21. Ric have not, however, lost ty U' i K. J'1�_�t' p Finenceo9w x interest in the County's continuing refinement of its plans for the park. On behalf of our residents, i urge You to keep us informed of continuing developments as they occur, not aller proposals have hcxn made and /or plans approved. Certainly, we do not want to learn of matters which affect our residents, such a, approval of the master plan foal laulovei- Beach Park, frorn articles in the newspaper. V- t.^ C:n HL .Y t:voix' . %. (3:,: LrX:7l1; • R,y I ,r:Y, I;la„ds ri 3I!id • ilc) 1 �ihhhe;tP • hay: i C'; iiUC)� e -,3 • wH,.t; y�,,it!:�i_k, ;1;,.. , Honorable Gwen Margolis February 25, 2002 Page 2 Today I had the opportunity to speak m ith Dr. Michael Krop. 1 understand that the Miami-Dade County School Board would like to explore the option of locating an elementary school within Haulovcr l3cach Park. As you know, Ruth K. Broad Bay Harbor F.lementaty School ( "BHL: ") is overcrowded. Another school in this area would he beneficial to all communities whose children attend BIIE. I hope that any action taken by the Miarni -made County Commission on February 26, 2002, will not foreclose a rrrcrcndum Or Other action on the issue of locating a school at Ilaulover. Sr rCly, Izo . rt T.T. Pall Mayor cc: Linda Karlsson, "Town Manager MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerheim Miami -Dade County School Board Superintendent of Schools Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabates Morse Dr. Marta Perez Dr. Solomon C. Stinson January 23, 2002 The Honorable aul Novack Mayor, Town of Surfside Municipal Building 9293 Harding Avenue Surfside, FL 33154 Dear Paul: (305) 995 -1334 I thought you would be interested in this item, which passed on unanimous vote at our January board meeting. If this effort is successful, we will have taken a step toward relieving the severe overcrowding at Bay Harbor Elementary. Any help you can provide as we move through the process will be greatly appreciated. Please call me if you have any questions or want to discuss this initiative. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb Attachment FACILITIES PLANNING AND CONSTRUCTION MEMORANDUM AM/2001 -02/ #371 L`' January 11, 2002 (� 305-995 -4875 TO: Merrett R. Stierheim, Superintendent of Schools (L� FROM: Suzanne A. Marshall, Chief Facilities Officer (Construction) Facilities Planning and Construction SUBJECT: STAFF FOLLOW-UP: AGENDA ITEM 1-1, SCHOOL BOA D MEETING OF DECEMBER 12,2001- PLACEMENT OF PUBLIC SCHOOLS ON P RK PROPERTY At the last School Board meeting, Dr. Michael M. Krop requested District staff to r view the placement of public schools on park property vis-4-vis Article 6 of the Miami -Dade County rter. The -adicl i4 question allows the tacement of hook on munici 11 -owned �I ociitr I Gab ialea ialeah Garden iami weetwamt r and West Miamect to the mu ies' a measure. The concept of siting a public school on a portion of a park site in a collaborative effort with local government has merit, given the fierce competition for land both from the private sector and from other public agencies. The question of whether or not it will have (majority) public acceptance is something that cannot be gauged unless it is posed and voted on by the public. Related to the above is the issue of School Board sites leased to the County for parks. It is possible that at some time in the future, the School Board will be forced to use all or a portion of these park sites for schools. By using County long- range growth projections in the Board's 5 -10-20 year work programs, possible areas of concern could be identified. We recommend the Board 'test the waters' by developing a position paper that could be shared by the School Board with the Board of County Commissioners at the appropriate time. This position paper would describe present and projected future needs, and clarify that the referenced charter change would be one of many initiatives under consideration by the School District to augment student stations,; reduce overcrowding and enhance the quality of life. The position paper could be formulated under the auspices and with the support of the Superintendent's Overcrowding Task Force (OTF), as community buy-in of this type of initiative at the initial stage can be a very positive driving force. The OTF is planning to wrap -up its work to the next month or two and if the above recommendations are accepted staff could take the formulation of the position paper to the attention of the OTF membership before the group disbands. Please advise. X."Orl / / - e A Office of School Board Members January 7, 2002 Board Meeting of January 16, 2002 Dr. Michael M. Krop, Vice Chair SUBJECT: USE OF COUNTY PARK LAND FOR PRIMARY LEARNING CENTERS Every resident of Miami-Dade County is painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. A possible partial solution would be an agreement with the County to dedicate small parcels of underutilized park land to joint use with the School Board. Small learning centers could be constructed on as little as two acres. The school building and playground could �eamade available to the public when school is not in session. This rr mutually benefici �i rrangement would be in line with previous agreements with the County, which p o vide for public use of various school properties for recreational programs. For example, I present the situation that exists at Haulover Park. Every day about 500 of our students who presently attend the extremely overcrowded Ruth K. Broad Bay Harbor, Elementary School, are transported through Haulover Park. Anyone who passes through this park, as I do nearly every day, can see that on. weekdays, much of the park is un sed. Because plans for extensive improvements to Haulover Park are currently under ay, time is of the essence if we wish to pursue thi I issue. It appears necessary under Miami-Dade County's Home Rule Charter for the public to approve this use of park land. While several County Commissioners have expressed interest in this concept, the School Board should first agree that this may be one viable solution to our problem, and condone the further investigation of the process. ACTION PROPOSED BY I DR. MICHAEL M. KROP: That The School Board of Miami-Dade County, Florida, instruct the Superintendent to explore the feasibility of requesting joint use of certain park lands with the County for primary learning centers, and return with information and a plan of action at the meeting of February 13, 2002. HE 6'/O UPDATE I spoke at length to Michael Levinson, City Manager of Coral Springs. His number is 954- 344 -5906. I told him you would speak to him when you returned. (I also spoke to Judy Stierheim and thanked her for the connection). Y" He is extremely enthusiastic and eager to help. (He has a background in business.) The City of Coral Springs needed a new high school and the Broward School Board had $40 million for construction but no site. The City set aside 20 acres of park land which it leased to the Board for 99 years at $1 a year. Just north of the school site, the City will construct an array of public facilities for sports, which will be joint use with the school so they don't even need land for athletics. Broward County was willing to amend its master plan to allow the park land to be used for the school. The County will also build adjacent to the site, constructing a community park and a nature center in the preserved habitat. This is also connected to Sawgrass Middle School, which is an environmental magnet. The City of Coral Springs has a state grant to pay for their part of the development. They have formed a non - profit corporation to manage the project. The City has a number of other interlocal agreements with the School Board, such as installation of lighting on athletic fields [we did this with NMB, I believe]. Their municipal 6- 12 charter school, the largest charter so far (until Pembroke Pines expands) also has use of existing parks. Their charter school, by the way, was constructed by renovating an old mall and was built in connuction with a Broward public library. Levinson says the only way to go to get student stations is for entities to leverage funds by combining their resources. I told him we had to go to county -wide referendum and he said the county had a golf course planned for the land, but the commission decided to amend the master plan because they believed that people would rather have a school for 2800 students than the golf course. I also spoke to Gwen Margolis' office. Her aide said that she couldn't present the issue to the Commission until it was passed by the School Board. I told her it was going to the Board in January. PRINT VERSION Page 1 of 1 FOLIO NUMBER: Up- ZZZU -U iv -UZUU ADDRESS: 1711 NE 135 ST OF NORTH MIAMI, FINANCE DEPT, PO BOX 610847, NO MIAMI FL, 33261 MAILING ADDRESS: CITY CLUC: 0040 MUNICIPAL PRIMARY ZONE: 0400 SINGLE FAMILY RESIDENCE BEDROOMS: 3 BATHS: 4 FLOORS: 1 LIVING UNITS: 1 ADJ SQUARE FOOTAGE: 6,729 LOT SIZE: 242,238 SQ FT YEAR BUILT: 1988 5.561 AC R E MC LEGAL DESCRIPTION: 20 52 42 RUN SWLY ALG WLY RM/DOF E C RR 82.88FTWLY D161.87FTNELY/ 944.48FTW A G SLYJL86FT SALE O /R: SALE MONTH: 0 SALE YEAR: 0 SALE AMOUNT: $ 0 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 452,548 LAND VALUE: $ 302,798 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 149,750 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 452,548 TOTAL EXEMPTIONS: $ 452,548 TAXABLE VALUE: $ 0 1999 ASSESSED VALUE: $ 448,270 ASSESSMENT YEAR: LAND VALUE: $ 302,798 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 145,472 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 448,270 TOTAL EXEMPTIONS: $ 448,270 TAXABLE VALUE: $ 0 httn• / /qn /Pgrimn.cill? 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Y; •.-..- 3� 3 y S PRINT VERSION Page 1 of 1 FOLIO NUMBER: 06- 2220- 014 -0260 1999 ADDRESS: 13501 NE 16 AVE BUILDING VALUE: MAILING ADDRESS: CITY OF N MIAMI- FINANCE DEPT, PO BOX 610847, NO MIAMI FL, , 33261 CLUC: 0080 VACANT LAND- GOVERNMENTAL PRIMARY ZONE: 0400 SINGLE FAMILY RESIDENCE BEDROOMS: 0 BATHS: 0 FLOORS: 0 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 0 LOT SIZE: 326,700 SQ FT YEAR BUILT: 0 LEGAL DESCRIPTION: 20 52 42 71.5 AC R E MC DONALDS SUB PB 2 -22 W997F r OF LOT 33 LOT SIZE 326700 SQUARE FEET SALE O /R: 000000000 SALE MONTH: 1 SALE YEAR: 1971 SALE AMOUNT: $ 325,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 196,020 LAND VALUE: $ 196,020 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 196,020 TOTAL EXEMPTIONS: $ 196,020 TAXABLE VALUE: $ 0 ASSESSMENT YEAR: 1999 LAND VALUE: $ 196,020 BUILDING VALUE: $ 0 MARKET VALUE: $ 196,020 ASSESSED VALUE: $ 196,020 HOMESTEAD EXEMPTION: $ oI WIDOW EXEMPTION: $ 0 TOTAL EXEMPTIONS: $ 196,020 TAXABLE VALUE: $ 0 1.++„•iiv0 iPcr;rngn r11i ?NsmP. =P„h1; .Access &Cmd =CreatePrintVersion &Folio 062220014026 1/18/01 j PRINT VERSION Page I of I FOLIO NUMBER: 31- 2211 - 019 -0010 ADDRESS: MAILING ADDRESS: CITY OF SUNNY ISLES BEACH, 17070 COLLINS AVE, SUNNY ISLES BEACH FL, , 33160 -3635 CLUC: 0080 VACANT LAND- GOVERNMENTAL PRIMARY ZONE: 5000 MULTI - FAMILY, HIGH DENSITY RESIDENTIAL BEDROOMS: 0 BATHS: 0 FLOORS: 0 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 0 LOT SIZE: 87,120 SQ FT YEAR BUILT: 0 11 52 422.00 AC M/L PERU TOWERS PB 99-66 TRACT A LOT SIZE 87120 SQ FT F /A/U 30- 2211 -019- LEGAL DESCRIPTION: 0010 OR 18671.4701 0699 3 SALE O/R: 109382256 SALE MONTH: 11 SALE YEAR: 1980 SALE AMOUNT: $ 630,000 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 696,960 LAND VALUE: $ 696,960 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 696,960 TOTAL EXEMPTIONS: $ 696,960 TAXABLE VALUE: $ 0 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 696,960 LAND VALUE: $ 696,960 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 696,960 TOTAL EXEMPTIONS: $ 364,719 TAXABLE VALUE: $ 332,241 i_ ii n .__ _ an�i.T .,,� —D.,t is A��R�f mr i=(` rPatPPrinttTPrcinnR� .Fn�1c1= i1 %7.11(119i�O� I /I9 /01 PRINT VERSION Page 1 of 1 FOLIO NUMBER: 31- zz11- uu4-uzlu ADDRESS: 17425 COLLINS AVE MAILING ADDRESS: CITY OF SUNNY ISLES BEACH, 17070 COLLINS AVE, SUNNY ISLES BCH FL, , 33160 -3635 CLUC: 0081 VACANT LAND PRIMARY ZONE: 5000 MULTI`- FAMILY, HIGH DENSITY RESIDENTIAL BEDROOMS: 0 BATHS: 0 FLOORS: 0 LIVING UNITS: 0 ADJ SQUARE FOOTAGE: 0 LOT SIZE: 40,600 SQ FT YEAR BUILT: 0 2 52 42 11 52 42 PB 10-64 TATUMS SUB OF GOVT LOT 6 S100FT OF N30OFT OF TR 3 LYING E OF LEGAL DESCRIPTION: ROAD A1A LOT SIZE 100.000 X 406 OR 4384 -118 1056 (CORR DEED) SALE O/R: SALE MONTH: 0 SALE YEAR: 0 SALE AMOUNT: $ 0 ASSESSMENT YEAR: 2000 ASSESSED VALUE: $ 3,471,300 LAND VALUE: $ 3,471,300 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 _. WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 3,471,300 TOTAL EXEMPTIONS: $ 3,471,300 TAXABLE VALUE: $ 0 ASSESSMENT YEAR: 1999 ASSESSED VALUE: $ 2,699,900 LAND VALUE: $ 2,699,900 HOMESTEAD EXEMPTION: $ 0 BUILDING VALUE: $ 0 WIDOW EXEMPTION: $ 0 MARKET VALUE: $ 2,699,900 TOTAL EXEMPTIONS: $ 2,699,900 TAXABLE VALUE: $ 0 . _ . ... . . _ 0 / . , - 1 ')'11 1 MA n11 1 /1 R /(11 -MEMORANDUM TO: Mr. Merrett R. Stierheim, Superintendent of Schools FROM. Carol Cortes, Deputy Superintendent Management and Accountability December 21, 2001 CC /2001 -02/#0811 t' N a CC- 995 -2940 SUBJECT: REQUEST FOR INFORMATION - GROWTH RATE TRENDS FOR HAULOVER BEACH AND IMPACT ON OVERCROWDING As per request I have quickly analyzed available information on Haulover Beach and surrounding area and its impact on overcrowding. In the Metro -Dade Projections, this area is identified as part of Major Statistical Area # 2 (part of North Miami and Miami Beach). Projections estimated that approximately 4,000 additional students will enroll in public schools for this area between 2000 -and 2005. Furthermore, this analysis did not take into account Miami -Dade County's plan to construct a commercial marina at Haulover Beach. The plan includes the construction of permanent commercial buildings along the bayside for restaurants, stores and shops (the adjacent town of surfside objects). If this marina is built, we can anticipate additional growth In student enrollment. This areas's trend is to convert single family homes into multiple family housing. The most impacted schools (or closest/contiguous) to Haulover Beach are Broad -Bay Harbor, William Jennings Bryan, Futford, Natural Bridge, and Greynolds Park. The following is a trend analysis of enrollment and percent utilization for the last three years for these schools. Please note that percent utilization as reported below differs from percent utilization as reported in District and School Profiles, since the latter is based on vrogram capacity which yields a percentage based on room utilization' charts: SCHOOL FISH Design Capacity Permanent and Relocatables ENROLLMENT AND PERCENT UTILIZATION BASED ON FISH DESIGN CAPACITY WITH RELOCATABLES - 1' 9w 0i3 1606 QOi 2001 -2002 Broad - Bay Harbor 881 students 1,366/155% 1,3621155% 1,297/147% William J. Bryan" 1,432 students 1,4861104% 1,506 / 10511/6 1.4301 100% Fulford 717 students 801/112% 812/113% 7851109% Greynolds Park 1,155 students 1,280/111% 1,363/118% 1.3861120% Natural Bridge 803 students 1,003/125% 941/117% 945/118% TOTAL 4,988 5,936 /119% 5,984 / 120% 5,843 / 117% A PLC was built to relieve overcrowding. Currently, a relief school is already in the five year plan. Should you have any questions, please do not hesitate to contact me at 305 -995 -2 I Ez " ar, we"Vo- /731 f- �' CC/smp MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelrn Superintendent of Schools December 20, 2001 The Honorable Joe Martinez Board of County Commissioners, District I 1 111 NW First S eet, Suite 320 Miami, FL 3312 Dear Joe: Wa I -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert S. Ingram Ms. Betsy H. Kaplan Mrs. Manty.Sabatos Morse Dr. Marta Porez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs o me that there is a possible partial solution in our parks. For example, every day about P0 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK;ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL. BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierheim Miami -Dade County School Board Superintendent of Schools Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo December 20, 2001 Dr. Robert a. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat6s Morse Dr. Marta Pdrez Dr. Solomon C. Stinson The Honorable Bruno A. Barreiro (305) 995 -1334 Board of County Commissioners, District 5 I I I NW First Street, Suite 220 Miami, FL 33128 Dear Bruno: I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans or the renovation of Haulover Park become final. I hope you will agree that we shoul investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours 'a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • t IAMI, FLORIDA 33132 Merrett R. Stierheim Superintendent of Schools December 20, 2001 The Honorable Barbara Carey - Shuler Board of County Commissioners, District 3 111 NW First Street, Suite 220 Miami, FL 33128 Dear Barbara: Miami -Dace County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. frank J. BolaRos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabatas Morse Dr. Marta Perez Dr: Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elements school, pass through Haulover Park on their way to school. It happens that I also pass H lover Park almost every day on my way to work, and believe me when I say that on week ays, the park is practically unused. We could c nstruct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue be ore the School Board, and I look forward to your positive reaction when the Haulover issut is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierheim Miami -pade County School Board Superintendent of Schools MI. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo December 20, 2001 Dr, Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabatds Morse Dr. Marta Pdrez Dr. Solomon C. Stinson The Honorable Rebecca Sosa (3Q5)995 -1334 Board of County C mmissioners, District 6 111 NW First Stre t, Suite 220 Miami, FL 33128 Dear Rebecca: I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 5 0 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMIDADE COUNTY PUBLIC SCHOOLS SCHOOL. BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierhetm Superintendent of Schools December 20, 2001 The Honorable Dorrin Rolle Board of County Commissioners, District 2 111 NW First Street, Suite 220 Miami, FL_ 33128 Dear Dorrin: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat6s Morse Dr. Marta Parez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that t also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans r the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLICS HOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE �IAMI, FLORIDA 33132 Merrett R. Stlerheim Superintendent of Schools December 20, 2001 The Honorable Betty Ferguson Board of County Commissioners, District I I 1 I NW First Street, Suite 220 Miami, FL 33128 Dear Betty: Miami -Dude County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cabo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabatas Morse Dr, Marta Perez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementa school, pass through Haulover Park on their way to school. It happens that I also pass H ulover Park almost every day on my way to work, and believe me when I say that on wee days, the park is practically unused. We could onstruct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of plac-ng the issue before the public, as required by County Charter. I intend to bring this issue b fore the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI-DAPE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerheim Superintendent of Schools December 20, 2001 The Honorable Alex Penelas Mayor, Miami -Dade County 111 NW First Street, Suite 2910 Miami, FL 33128 Dear Mayor Penelas: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabat6s Morse Dr. Marta P6rez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of over rowded schools throughout our community. Our efforts to find relief for the children in th se schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as ittle as two acres of this underutilized land. The building and playground could be mad available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. MMK:ajb Dr. Michael M. Krbp, Miami -Dade County S C 1r MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE - MIAMI, FLORIDA 33132 Merrett R. Stierhelm Superintendent of Schools December 20, 2001 The Honorable Jimmy L. Morales Board.of County Commissioners, District % 111 NW First Street, Suite 220 Miami, FL 33128 Dear Jimmy: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabates Morse Dr. Marta Perez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you nd yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE MIAMI, FLORIDA 33132 Merrett R. Stlerhelm Superintendent of Schools December 20, 2001 The Honorable Katy Sorenson Board of County Commissioners, District 8 111 NW First Street, Suite 220 Miami, FL 33128 Dear Katy: Mlam1 -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop. Vice Chair Mr. Frank J. Bolafios Mr. frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabatds Morse Dr. Marta Parez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks.. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Element school, pass through Haulover Park on their way to school. It happens that I also pass H ulover Park almost every day on my way to work, and believe me when I say that on wee days, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of pla ing the issue before the public, as required by County Charter. I intend to bring this issue b fore the School Board, and I look forward to your positive reaction when the Haulover iss a is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI-DAPE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION' BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelm Miami -Dade County School Board Superintendent of Schools Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo December 20, 2001 Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat¢s Morse Dr. Marta Perez Dr. Solomon C. Stinson The Honorable Dennis C. Moss (305) 995-1334 Board of County Commissioners, District 9 111 NW First Street, Suite 320 Miami, FL 33128 Dear Dennis: I know you are painfully aware of the serious problem of overcr wded schools throughout our community. Our efforts to find relief for the children in the e schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as li le as two acres of this underutilized land. The building and playground could be made vailable to the public when school is not in session. This might be a mutually beneficial a angement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Cofnmission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierheim Superintendent of Schools December 20, 2001 The Honorable Javier D. Souto Board of County Commissioners, District 10 111 NW First Street, Suite 320 Miami, FL 33128 Dear Javier: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse Dr. Marta Pdrez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. I wish you 4d yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADS COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelm Superintendent of Schools December 20, 2001 The Honorable Nat cha Seijas Board of County C mmissioners, District 13 111 NW First Stree , Suite 320 Miami, FL 33128 Dear Natacha: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabat6s Morse Dr. Marta Pdrez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our con unity. Our efforts to find relief for the children in these schools have been thwarted by t e unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we should investigate the possibility of placing the issue before the public, as required by County Charter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when, the Haulover issue is next discussed at a Commission meeting. I wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING - 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierheim Superintendent of Schools December 20, 2001 The Honorable Miriam Alonso Board of County Commissioners, District 12 111 NW First Street, Suite 320 Miami, FL 33128 Dear Miriam: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Rolafios Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabatds Morse Dr. Marta Perez Dr. Solomon C. Stinson (305) 995 -1334 I know you are painfully aware of the serious problem of overcrowded schools throughout our community. Our efforts to find relief for the children in these schools have been thwarted by the unavailability of suitable land. It occurs to me that there is a possible partial solution in our parks. For example, every day about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass through Haulover Park on their way to school It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, the park is practically unused. We could construct a small school for our youngest students on as little as two acres of this underutilized land. The building and playground could be made available to the public when school is not in session. This might be a mutually beneficial arrangement that would enhance the park's facilities. The time to consider such a concept is now, before the present plans for the renovation of Haulover Park become final. I hope you will agree that we shoull investigate the possibility of placing the issue before the public, as required by County Ch rter. I intend to bring this issue before the School Board, and I look forward to your positive reaction when the Haulover issue is next discussed at a Commission meeting. 1 wish you and yours a very happy and healthy holiday season. Sincerely, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK:ajb 2 SUNDAY, DECEMBER 16, 2001 The Herald N Sandstorm of protest fails to beach plans for Haulover upgrade BY DANIEL A. GRECH dgrech@herald.com A divided Northeast Dade Community Council 2 has decided to support a $20 mil- lion Haulover Beach Park reno- vation plan after the mayors of North Miami Beach, Sunny Isles Beach and Bal Harbour and state Rep. Sally Heyman argued that the project is long overdue. opponents, including the mayor and a councilman from Surfside, said the park plan caters to special interests and the county isn't competent enough to carry out the renova- tions properly. The county's proposed over- haul of the 177 -acre ;park includes expanding the marina to accommodate a casino boat, replacing a nine -hole golf course with a driving range and allowing concessionaires along' a spruced -up beach and bay front The plan will also add green space to a largely paved -over bay side, renovate a decrepit bathroom and add more than 100 new slips in the maria n The Miami -Dade County Commission is expected to cas a final on the ,plan as earl as January. The community counci voted 3 -2 last Tuesday to rec ommend the project to the County Commission. It was the council's first -ever special meeting in its five -year history. Community Council Chair- man William C. Koppel and council members Peggy G' Y NORTHEAST DADE Stroker and Kenneth Friedman voted for the plan, stipulating that the county make getting rid of feral cats and renovating park bathrooms priorities. Council members Robert Wolf and Charles Baron voted against the plan. Council mem- bers Reynold Stein and Adrienne F. Promoff weren't in attendance. Wolf said he was voting against the park plan because he didn't trust the county to fol- low through on the promised renovation. "The actions of our depart- ment have been abysmal, inept and detrimental to our constit- uents and the community at large," Wolf said. "I have no confidence, based on my expe- rience, in the administrative ability of the department to conduct the Haulover renova- tion. We have a responsibility to protect the public against bureaucratic mismanagement. "I strongly urge each and every one of you to look into your heart and reject this," Wolf told the other council members. For several years, Wolf has unsuccessfully attempted to force the county to address the feral cat population at Haul- over and other county parks. Baron said he was voting "no" because the county hadn't done a, good enough job addressing concerns brought PLEASE SEE HAULOVER,18 � o O 1 .� w 0 x �.�� o a+* n "Jo 0. .», _ wrtocD�,' Ne' OQ � PV 0 ac . �i N ••C f/ ° c :r�,d a� CD CD oy,�x2.w.��. ID o by b a" , zw O ��D(D CL (D 53, aq C7 0 w o �e ti yr a r_ 0 0 (n by '. o o o CD P o con •� o Cn a (D to Q oz'( n �• axw C atie-e„ o o�'K `moo iQ;" 'd � c,• a - a o o a O Cm r. fa '�'cD CL 0 cD o w c(D c CD coo CD O� v w O,�.O O0'O (DD o (RD of CD n C n CD CL 0 ' a o O .: b p° , w p �, R lD O<. M =�� O 0 - w t:1 C p ° �• o owe ' C: !A °) tir o .� a 's (D ?t y (� to : o '* ,., N "' (D,.,, O (D tr t3 y n ^. pi o ry cD cD b C Cr CL CD CD 0 OrQ A� f'D 1=15 �® v C VJ 'Board to Ambitious r plans consider could transform Haulover Haulover 1 COUNCIL, FROM 3 because Haulover is one of the most popular parks in North- east Miami -Dade. "After the meeting, I felt terrible we couldn't come to a decision," Koppel said later. "A yea or nay must be made." The special meeting will be at 6 p.m. Tuesday in the audi- torium of Highland Oaks Mid- dle School, 2375 NE 203rd St. The County Commission is expected to make a final deci- sion on the Haulover renova- tions in January - about the same time as the next regularly scheduled meeting of the com- munity council In a menlo sent Nov. 21 to community council members informing them of the special meeting, Michael Bregman executive secretary of Miami- Dade County's community planning section, said the hear- ing for Haulover park will be the only item on the:, agenda a procedural matter was clari- fied which may yet help the council reach a decision on this matter," Bregman wrote. The procedural matter, Bregman explained .in an inter- view, is an obscure rule that the chairman may second a motion if no other council members does so. At the Nov. 7 meeting, Councilman Charles Baron made a motion to recommend against the renovation project, while Councilman Kenneth Friedman moved to endorse it. Neither motion was seconded, so the plan was going to be sent without recommendation to the county commission. Koppel said had he known the rule, he would have sec - onded one of the motions — though he wouldn't say whether he favors or opposes the project. Surfside 'Mayor Paul D. Novak said the renovation will benefit commercial ventures, "After the (Nov. 71 meeting, such as a driving range and a c� casino boat. "This plan represents the use of public money and public land for the benefit of special interests - at the public's expense," Novak told the com- munity council Nov. 7. "We are commercializing what should be great jewel." Novak and _other Surfside residents questioned whether the expanded marina impinges on a manatee zone in the Intra- coastal Waterway and whether the casino boat is appropriate to a family- oriented park. Koppel said Barbara Falsey and Kevin Asher of the county parks department dad not address Novak's concerns. Falsey agreed that "we left that meeting with a lot of `standing issues. "We could go to Board of County Commissioners with - out a recommendation from the community council, but it feels better to clear up the q s� • BY DANIEL A. GRECH dgrech@tM[d.com The Northeast Dade Com- munity Council 2 is holding the `first special meeting in its five - year history on Tuesday to reconsider l the pro- posed Haulover Park renova- tion project.. The $20 million project calls for an almost -total reconfigura- tion of the 177 -acne park, including turning several asphalt parking lots into green space, replacing an underused NORTHEAST DADE nine -hole golf course with driving range, renovating bath- room facilities and expanding the marina. It would be the park's first major renovation in 60 years. The renovation plan was initially presented to the com- munity council at its regular Nov. 7 meeting. Following opposition from several Surf - side elected officials, the com- munity council made no rec- ommendation on the plan. . The special meeting was suggested by Communiti Council Chairman William C. Koppel, who said it was impor- tant for the 'group to take position on the renovation 0 PLEASE SEE COUNCIL, 2( MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stlerhelm �� }}% Miami -Dade County School Board Superintendent of Schools, ��\ Ms. Peria Tabwest- Hantman, Chair l Dr. Miche M. i Y", Vice Chair December 13, 2001 --Mr. Fink J. saaaos C=) MC:, rank J. Cobo Ir, Robert 8. Ingram . 1 i-asy M. Kaplan ��1• Mrs. Vanty`,tabatds Morse The Honorable Gwen Margolis a �� W'L �_ Marta Pdrez 12000 Biscayne Boulevard., Suite 222 P�� I � . , ®, °� °1Oi7Q" o Stinson r'j �" ate` �,� North Miami, FL 33181 ' r /1,,� W �5) 995-1334 "POP SA Dear Gwen: r( � ' .e�,� iii 4be Several years ago I surfaced the idea 'that some of our existing parks would wonderful places to site small elementary schools. You know that in the north of Miami -Dade County, we have a dearth of property available to us. I have had conversations with the County Attorney and Mr. Stephen Sprat, former Senior Assistant to the County Manager, concerning this possibility, who made me aware of the obstacles in trying to accomplish this. Surprisingly, I learned through the Miami Herald that the County is going through a process to formulate aplan for the renovation and use of Haulover Park. Every day, about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass Haulover Park on their way to school. The park would be a wonderful site to relieve this school, especially since we have no alternative on the drawing board. It happens that I also-pass Haulover park almost every day on my way to work, and believe me when I say that on weekdays, practically no one uses the park. The placement of a small school could probably be accomplished on one or two acres, if properly situated. Needless to say, it would only be used on weekdays. The park facilities would be enhanced by allowing the public to use its playground and even the school building itself could be used as a community center when school is not in session. It seems to me that the footprint of the facility itself could be placed on a 200 x 100 foot piece of property. That would leave about 175 acres untouched by this facility. Once the County proceeds with its present plan, the opportunity to use a R portion of this property will be gone. I'm neither in favor nor in opposition; of what the Coun plans to do. But I strongly feel that a small primary learning center (PLC) would increase public usage of this beautiful property, while offering a better learning experience for our children. I've asked Merrett Stierheirn to pursue this matter and have indicated the urgency we face if we are to accomplish our goal. And once again, let me thank you for the wonderful job you do for all of us. I look forward to your response. Sincerely, Dr. Michael M. Krop Vice Chair Miami -Dade County School Board MMK:ajb cc: Mr. Merrett Sti rheim MIAMI -DADE COUNTY, FLORIDA MIAMI -0E March 2, 2001 Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board 1450 N.E. Second Avenue, Administration Building Miami, FL 33132 Re: County Property in Northeast Dade Dear Dr. Krop: ` R*1_ 0 WO R CLARK CENTER OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET VII, FLORIDA 33128 -1994 (305) 375 -5311 This serves to formally convey the information provided orally following our meeting regarding the above subject. n response to your request for a listing of vacant County -owned land in the Northeast Miami-Dade area that might be available for use by the Miami -Dade County School Board, I asked the General Services Administration (GSA) to follow up. Unfortunately, upon review, staff was unable to identify County -owned property available at this time that would meet the requirements of the Miami -Dade County School Board. As we discussed at our mg, our County Charter precludes the use of parkland for school purposes. However, during the course of its review, GSA staff did identify several vacant parcels in the Northeast Miami -Dade area, which are owned by either the City of North Miami or the City of Sunny Isles Beach. Attached is some property information for the vacant parcels. For further information regarding these p cels, you can contact Joanne Martin, at 305 - 893 -6511, extension 9 at the City of North Mi i, and George Vara, at 305- 947 -0606 at the City of Sunny Isles Beach.. If I can be of any further assistance, please don't hesitate to contact me. Should you or your staff have any specific questions regarding the properties reviewed by County staff, you may contact Ms. Elva Marin, Manager of Real Estate Services, with the General Services Administration Department at 305- 375 - 5754. Sincerely, �- cow b� �R . Stephen M. Spratt Senior Assistant to the County Manager cc: Bernard McGriff, Director, General Services Administration Jerry S. Hall, Director of Facilities and Utilities Management, GSA Johnny Brown, Attorney for DCPS MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING Merrett R. Stierhelm Superintendent of Schools The Honorable Gwen Margolis 12000 Biscayne Boulevard, Suite 222 North Miami, FL 33181 Dear Gwen: 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 December 13, 2001 Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Solanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly 5abatds Morse Dr. Marta Pdrez Dr. Solomon C. Stinson (305) 995 -1334 Several years ago I surfaced the idea that some of our existing parks would be wonderful places to site small elementary schools. You know that in the north of Miami -Dade County, we have a dearth of property available to us. I have had conversations with the County Attorney and Mr. Stephen Sprat, former Senior Assistant to the County Manager, concerning this possibility, who made me aware of the obstacles in trying to accomplish this. Surprisingly, I learned through the Miami Herald that the County is going through a process to formulate a plan for the renovation and use of Haulover Park. Every day, about 00 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass Haulover Park on their way to school. The park would be a wonderful site to relieve this school, espe ially since we have no alternative on the drawing board. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, practically no one uses the park. The placement of a small school could probably be accomplished on one or two acres, if properly situated. Needless to say, it would only be used on weekdays. The park facilities would be enhanced by allowing the public to use its playground and even the school building itself could be used as a community center when school is not in session. It seems to me that the footprint of the facility itself could be placed on a 200 x 100 foot piece of property. That would leave about 175 acres untou hed by this facility. Once the County proceeds with its present plan, the opportunity to us a small portion of this property will be gone. I'm neither in favor nor in opposition of what the C unty plans to do. But I strongly feel that a small primary learning center (PLC) would increase public usage of this beautiful property, while offering a better learning experience for our children. I've asked Merrett Stierheim to pursue this matter and have indicated the urgency we face if we are to accomplish our goal. And once again, let me thank you for the wonderful job you do for all of us. I look forward to your response. Sincerely, Dr. Michael M. Krop Vice Chair Miami -Dade County School Board MMK:ajb cc: Mr. Merrett Stierheim MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE • MIAMI, FLORIDA 33132 Merrett R. Stierhelm Superintendent of Schools December 13, 2001 The Honorable Gwen Margolis 12000 Biscayne Boulevard, Suite 222 North Miami, FL 33181 Dear Gwen: Miami -Dade County School Board Ms. Perla Tabares Hantman, Chair Dr. Michael M. Krop, Vice Chair Mr. Frank J. Bolanos Mr. Frank J. Cobo Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manly Sabatcs Morse Dr. Marta P6rez Dr. Solomon C. Stinson (305) 995 -1334 Several years'ago I surfaced the idea that some of our existing parks would be wonderful places to site small elementary schools. You know that in the north of Miami -Dade County, we have a dearth of property available to us. I have had conversations with the County Attorney and Mr. Stephen Sprat, former Senior Assistant to the County Manager, concerning this possibility, who made me aware of the obstacles in trying to accomplish this. Surprisingly, I learned through the Miami Herald that the County is going through a process to formulate a plan for the renovation and use of Haulover Park. Every day, about 500 of our students who presently attend the extremely overcrowded Bay Harbor Elementary school, pass Haulover Park on their way to school. The park would be a wonderful site to relieve this school, especially since we have no alternative on the drawing board. It happens that I also pass Haulover Park almost every day on my way to work, and believe me when I say that on weekdays, practically no one uses the park. The placement of a small school could probably be accomplished on one or two acres, if properly situated. Needless to say, it would only be used on weekdays. The park facilities would be enhanced by allowing the public to use its playground and even the school building itself could be used as a community center when school is not in session. It seems to me that the footprint of the facility itself could be placed on a 200x 100 foot piece of property. That would leave about 175 acres untouched by this facility. Once the County proceeds with its present plan, the opportunity to use a s all portion of this property will be gone. I'm neither in favor nor in opposition of what the County lans to do. But I strongly feel that a small primary learning center (PLC) would increase public usa e of this beautiful property, while offering a better learning experience for our children. I''ve asked Merrett Stierheim to pursue this matter and have indicated the urgency we face if we are to accomplish our goal. And once again, let me thank you for the wonderful job you do for all of us. I look forward to your response. Sincerely, I I-q. Dr. Michael M. Krop Vice Chair Miami -Dade County School Board MMK:ajb cc: Mr. Merrett Stierhei MIAMI -DADE COUNTY PUBLIC SCHOOLS SCHOOL BOARD ADMINISTRATION BUILDING • 1450 NORTHEAST SECOND AVENUE - MIAMI, FLORIDA 33132 Roger C. Cuevas Superintendent of Schools December 7, 2000 Mr. Steve Spratt Senior Assistant County Manager 111 NW 1st Street, 29th Floor Miami, FL 33128 Miami -D de County School Board Ms. Perla Tabares Hantman, Chair r. Michael M. Krop, Vice Chair Mr. G. Holmes Braddock Dr. Robert B. Ingram Ms. Betsy H. Kaplan Mrs. Manty Sabates Morse Mr. Demetrio Perez, Jr., M. S. Dr. Marta Perez Dr. Solomon C. Stinson (305) 995 -1334 Dear Steve: I wantito thank you for meeting with Johnny Brown and me on Wednesday afternoon. You were very helpful in showing us a pathway to perhaps eventually achieving our goal of using park land for public school needs. We look forward to receiving a list of county property other than park land, and to participating in any discussions concerning the ultimate uses and planning for park property. Again I thank you for your time and for sharing your expertise. Very truly yours, Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board MMK :ajb lAM1- Miami -Dade Park & Recreation Depar"ent Office of Planning & Development 275 N.W. 2nd Strect, 5th Floor Miami, Florida 33128 Phone 305- 755 -7877 Fax 305- 755 -7940 FACSIMILE TRANSMITTAL COVER SHEET T0: - flf row Vo /, 'u � 7 COMPANY: P. S FACSIMILE NO.: j2;S� - !2 2S- VOICE CONTACT: - 9 5 r 33 PAGE I OF : (INCLUDING COVER SHEET) DATE: I - i -_Do FROM: h A4 , D Sv�nf!J REFERENCE: `ffit� M1AMIDADE P3 FX I I= /1, -1. uj GZ ca cz NOV -30 -00 THU 3:08 PM METRO PARKS DIRECTOR IAA Nu. in 7jj Zulu r. � i 1 "fill, `��' 4:1111 z N_ J Q u Q I rJ Iu Q u IB rz- j,111i J4I 1 1 i� J' i o, 6 � 1 1 c 1: s e e' O Q U U z e 4 g be 0 Q N �Q 0 ? ul C) m 0 r r Z d 9ZOZ HS SOE 'OK M loloal1Q sHyd HIM NJ ZE : S HA N-GZ -Aom O e dQ! am© N OCR O C N M O e e tJ p � N 1iQ VefO r nd. Q� w a SZ a pZzz2 uj 0 z� d 0 J Q Y y-H�- r O c� 0 Co M ---. W O O S2 z cn20 c w >- Z w'ja Uj O ® U H >� < -v ru w vzm L °c 0 ctW i atn >� Uj ;c wto(nnQz°Cgwo �Wa°0o aS V''W�; °z�'. z QQ pci�gcor tp lU tJ 0 -�ctoa iy W 4 WnICO 7 try 4 WIZI W w Fzz-- ut = U Y 2 Y ¢5Czz U co ~O Z 1-6 0ir0 aZY Y: L � umr ydd w s (.7 nco4C) u� t�*atZ n~ w U) 0.VzCa'�Zti-- Q oo3 ¢� w� --0.�N� �-U5 _ U'o ��-'�-'�zw�co w10o zu. n n m 0 r r Z d 9ZOZ HS SOE 'OK M loloal1Q sHyd HIM NJ ZE : S HA N-GZ -Aom -1 - - .iota liw""'peee '�� mac! { l FIJI A�, _ �.-c'•�S• .v - c� gyp. COMMI SSIO PARK MAJOR HIGJ MAJOR ROA GRIDS s� t/I IIUI/-IH w I I maw .vim A:•,�... .cTr COMMI SSIO PARK MAJOR HIGJ MAJOR ROA GRIDS s� t/I IIUI/-IH w I I Tel. 376-512a fax. 37Z-61 . Sent By: G{1VL-1;, -" #NJAi AJ- i -Aay;b fulAfikin and Land Use Pal, �aisli�a 1450 N.E. 2nd Av Room 52� Florida 13132 (305199 -TU5 FAX TRkNI9NLYTTA .: FMIW DATE: No. of FAX 7 IFS2:� t FROM, FAX #: (305) 995 -7295 SUfUECT., rU, CI For your review, approval & comments For your signature Return of submittal ❑ Ae iap to be taken (t,�j bq�7 — 3 �,5-- 5-1,5-1 I M Q— For yo i inf�orrr�aEion yo r records �s yo requested D Other MEMORANDUM September 29. 2000 TO: Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board FROM: Attorn'ey's Office SUBJECT: SCH OLS ON PARK PROPERTY This is in reference to your memorandum of September 12, 2000, regarding the subject. You are correct in your understanding that Article 6 of the Home Rule Charter of Miami - Dade County allows for permanent structures to be erected in a public park if approved by a majority vote of the voters in a County -wide referendum. The Charter also provides that if park lands acquired by the County are nature preserves, beaches, natural forest areas, historic orarcheolo "cal areas, or otherwise possess unique natural valueslIin their present" state, any permane t structure must be approved by an affirmative vote of two- thirds of the voters in a County- ide referendum. We have been advised by the County Attorney's Office that any referendum proposing a charter amendment to allow permanent structures must be placed on the ballot by the County Commission, and the proposal to be submitted to the electors has to be prepared by the County Attorney's Office. It was suggested that the School Board should adopt a resolution petitioning the County to submit the proposal to the electors. Additionally, I am advised that a School Board member (perhaps yourself) should speak to one of the County Commissioners to get his or her agreement to become a sponsor for the proposal once it goes before the Commission. In order to get this process started, I recommend that the site planning department work with your office to prepare the appropriate agenda item and resolution to be adopted by the Board. Once the resolution has been adopted by the Board and presented to the County, I will be in contact with the Assistant County Attorney that will be drafting the language, for the proposal that will go to the Commission and, if approved, be placed on the ballot. Should you have any further questions, please give me a call. \ e ' L'+ O L JB:pr MEMORANDUM September 12, 2000 TO: Mr. Johnny Brown, School Board Attorney FROM: Dr. Michael M. Krop, Vice Chair Miami -Dade County School Board SUBJECT: SCHOOLS ON PARK PROPERTY For some time I have been trying to gather information on how the District might be able to share unused park land for the mutual benefit of our students and the greater community. I understand that the Save Our Parks Charter Amendment, Article 6 of the Home Rule Charter, allows permanent structures to be erected in a public park if approved by a majority vote of the voters in a County -wide referendum. Please tell me if this is correct, and how we should proceed if the Board decides to request such a referendum. MMK MMK/ajb CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: Date: July 16, 2002 Agenda Item # Comm Mtg. 07 -23 -02 Re: Authorization to negotiate for Professional Service for Downtown Infrastructure Improvements A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL ENGINEERING, ARCHITECTURAL & LAND SURVEYING SERVICES AGREEMENT WITH NUMBER ONE RANKED FIRM OF CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., FAILING THAT WITH THE SECOND RANKED FIRM OF KUNDE SPRECHER & ASSOCIATES, INC., FAILING THAT TO THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS, INC. FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. BACKGROUND: In accordance with Resolution No. 65 -02 -11414 (Attachment 1), we solicited for Letters of Interest and Qualification from Professional Engineers, Architects and Land Surveyors to provide services for the Downtown Infrastructure Improvements project. The Request for letters of Interest and Qualifications was advertised in the Miami Daily Business Review of Monday, May 13, 2002 (Attachment 2). The City received eleven (11) qualification packages. Copies of the qualification packages are available for review in the City Clerk's office. A selection process was set up based on the requirements of the State Statues governing acquisition of professional architectural and engineering services. A Certification/Selection Committee was appointed (Attachment 3). The Committee determined whether or not a consultant is qualified to provide the services requested and whether or not the qualification package is complete. Once a firm is deemed to have met all the requirements, then the firm is ready for further consideration by the Selection Committee. The Selection Committee narrowed the list of eleven (11) firms to four for further consideration. Each of the remaining four firms were invited to make a presentation to the Selection Committee. Based on the information presented at the presentation, followed by question and answer session, the committee members ranked all four firms. The results were then tabulated for a combined ranking. Sample of the Page 2 of 2 Agenda Item... June 3, 02 evaluation form and the tally sheet are attached as Attachment 4. The Selection Committee evaluated and ranked the consultant on how well they can provide the requested services and recommended the following three companies in the order. of preference: 1. Corzo Castella Carballo Thompson Salman, P.A. 2. Kunde Sprecher & Associates, Inc. 3. Bermello Ajamil & Partners, Inc. The individual scoring sheets as well as the videotape of the presentation and interview session with the four finalist firms are available for viewing. The Statues requires that the City negotiate an agreement with the most qualified firm for professional services that the City considers is fair, competitive and reasonable. If the city is unable to negotiate a satisfactory agreement with that firm, the City must formally terminate the negotiation and undertake negotiations with the second most qualified firm. If the negotiations are not successful with the second most qualified firm, the City must terminate the negotiation and attempt to negotiate with the third ranked firm. RECOMMENDATION: It is recommended that the City Commission initiate negotiation with Corzo Castella Carballo Thompson Salman, P.A. ATTACHMENTS: ❑ Proposed Resolution ❑ Attachment 1: Resolution No. 65 -02 -11414 ❑ Attachment 2: Miami Daily Business Review Certification of Advertisement ❑ Attachment 3: Certification/Selection Committee ❑ Attachment 4: Evaluation Form and Tally Sheet. 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO 6 NEGOTIATE A PROFESSIONAL ENGINEERING, ARCHITECTURAL & LAND 7 SURVEYING SERVICES AGREEMENT WITH NUMBER ONE RANKED FIRM OF 8 CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A., FAILING THAT WITH 9 THE SECOND RANKED FIRM OF KUNDE SPRECHER & ASSOCIATES, INC., 10 FAILING THAT TO THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS, 11 INC. FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS; PROVIDING 12 AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of South Miami, Florida, desires to retain a 15 qualified professional engineering, architectural and land surveying firm for the Downtown 16 Infrastructure Improvements; and 17 18 WHEREAS, pursuant to Florida Statute 287.055 the City published a notice for Letter of 19 Interest and Qualification for Professional Engineering, Architecture and Land Surveying 20 Services; and 21 22 WHEREAS, the City received a total of eleven (11) responses as a result of the published 23 notice; and 24 25 WHEREAS, the City having followed the requirements established by Florida Statute 26 287.055, Acquisition of Professional Services for Architects and Engineers, recommends 27 three top ranked firms in order of preference. 28 29 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, FLORIDA, that: 31 32 Section 1: The City Commission approves the recommended ranking of the three top ranked 33 firms as follows: 34 1. Corzo Castella Carballo Thompson Salman, P.A. 35 2. Kunde Sprecher & Associates, Inc. 36 3. Bermello Ajamil & Partners, Inc. 37 38 Section 2: That the City Commission authorizes the City Manager to negotiate an agreement 39 for Professional Engineering, Architecture & Land Surveying Services, for the Downtown 40 Infrastructure Improvements with the first ranked firm. 41 42 Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked 43 firm the City must formally terminate the negotiations and undertake negotiations with 44 second ranked firm, failing that undertake negotiation with the third ranked firm. 45 I I Section 4: That the negotiated professional service agreement be brought back to the City 2 Commission for approval. 3 4 PASSED AND ADOPTED this day of , 2002. 5 6 ATTEST: APPROVED: 8 Ronetta Taylor, City Clerk Julio Robaina, Mayor 9 10 Commission Vote: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Russell: 13 Commissioner Bethel: 14 Earl Gallop, City Attorney Commissioner Wiscombe: 15 Commissioner Feliu: 2 RESOLUTION NO. 65 -02 -11414 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ADVERTISE AND COMMENCE THE NECESSARY STEPS TO SELECT ENGINEERING AND ARCHITECTURAL FIRMS TO PROVIDE SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS THAT INCLUDE DRAINAGE, WATER DISTRIBUTION SYSTEM UPGRADE, SANITARY SEWER COLLECTION SYSTEM UPGRADE, SIDEWALK, LIGHTING, LANDSCAPING AND STREETSCAPE FURNITURES; PROVIDING AN EFFECTIVE DATE. WHEREAS; the City Commission of the City of South Miami, Florida, wishes to improve the downtown streets by commencing the required selection process for the selection of the engineering and architectural professional consultants need; and WHEREAS, the City staff has divided the project into phases and ready to proceed with one of Alternatives I & 2 for the first phase of the project; and WHEREAS, the ` proposed project will be funded through several grant funding sources and special assessment district: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that:' Section 1; The City Manager is authorized to advertise and commence the necessary steps to select engineering and architectural consultants required for the design and construction of the Downtown Infrastructure Improvements. PASSED AND ADOPTED this 71h day of May, 2002. ATTEST: APPROVE : Ci y Clerk Mayor ,READ-AND -APPROVED AS TO FORM: Cif limey -1 Commission Vote: 5 -0 Mayor Robaina: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea Commissioner Wiscombe: Yea Commissioner Feliu: Yea 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 SOOKIE WILLIAMS, who on oath says that she is the VICE PRESIDENT, 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 - LETTER OF INTEREST AND QUALIFICATIONS TO PROVIDE LANG SURVEYING, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/13/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has 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; fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any count, rebate, commission or refund for the purpose of e ring this advertisement for publication in the said ,ew. paper. e p and subscribed before f A 2002 (SEAL) SOOKIE WILLIAMS pe n tp n{MA "IA'. hIEbA :aY �c� "" �i�i i64u * ! . %•%/;'moo. � 41;�d?a I ,N plot -_— .:rC'wrfer5 s �•:: tNCORPOR/f1�O `t1 . 1027 L 9 r CITY OF SOUTH MIAMI, FLORIDA REQUEST FOR LETTER OF INTEREST AND ' QUALIFICATION PROFESSIONAL ENGINEERING, ARCHITECTURE A LAND SURVEYING SERVICES The City of South Miami will receive letter of interest and qualifications to provide land surveying, geo- technical services, right -of -way engineer- ing, civil engineering, architecture elements, construction engineering in- spection and administration services for the Downtown Infrastructure Im- provement Project, until 3:00 PM, Friday; May 31, 2002. Interested firms must submit qualification package to the Office of the City Clerk, 6130 Sunset Drive, South Miami, Florida 33143. Any qualification package sub- mitted past the deadline and/or submitted to other locations or offices shall be deemed non - responsive and will be rejected. Pursuant to Chapter 287.055, Florida Statutes, the City of South Miami will retain a consultant to provide Engineering, Architecture, Land Survey- ing Services for the project. The City intends to retain one (1) qualified firm for the project to be performed in phases. The selected firm shall enter into an agreement for a term ending July, 2007. Only firms with similar ex- perience and proven track record of delivering successful and on time on budget projects are encouraged to apply. No minimum amount of such service or compensation will be assured to any of the firms so retained, and the City shall not be prevented in any manner from retaining other firms at its sole discretion. The general scope for the professional engineering and architecture services shall include and not be limited to improvements to drainage sys- tem, water distribution system upgrade, sidewalk, lighting, landscaping and streetscape furniture. The area of improvement will include and not be limited to • SW 73rd Street from US1 to SW 57th Avenue; • SW 74th Street from SW 61 st Avenue to SW 57th Avenue; • SW 57th Court from SW 72nd Street,to SW 74th Street; • SW 58th,Avenue from US1 to SW 74th Street; • SW 58th Court from SW 72nd Street to SW 74th Street; • SW 59th Avenue from SW 73rd Street to SW 74th Street; • SW 59th Court from SW 73rd Street to SW 74th Street; • SW 61 st Avenue from US1 to 76th Street. To be eligible for consideration, interested consultants must submit one (1) original and five (5) copies of the following information: 1) Name of firm(s); specify as to type of contractual agreement between firms, and certificate(s) of authorization to offer professional services through the Florida Department of Professional Regulations, as appli- cable, from prime as well as supporting firms. 2) Proof of authorization to transact business in the State from the Florida Secretary of State, from prime as well as supporting firms. 3) Proposed organization chart identifying key professionals and their area of responsibilities. 4) Appropriate current Federal 254 and 255 forms showing the firm's data and supporting the firm's ability to perform each category of work - required. Federal form 254 is required for both prime and sub- consul- tant. 5) Ust of recent client references with contact names and telephone numbers. Responses by minorities and women are encouraged. The City does not discriminate based upon race, sex, color, creed, national origin, disa- bility, age, sexual orientation or any other legally protected status. Please be advised that the City of South Miami comply with Miami - Dade County's Cone of Silence ordinance. Requests for any information must be made in writing. For further information, interested parties may contact Mr. W. Ajibola Ealogun, REM, Director of Engineering & Construction at 305- 668 -7354. — — — —� GMC CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Charles D. Scurr, City Manager From: W. Ajibola Balogun, Director of Engineering & Construction Subject: Downtown Infrastructure Improvements Selection Committee Date: 06/04/2002 It is recommended that you make the following appointments for the upcoming Competitive Selection process for the Downtown Infrastructure Improvements project. Joint Certification and Selection Committee SubrataBasu, AIA, AICP, Asst. City Manager/ Community Development Director Ajiboia Balogun, Director of Engineering and Construction Curtis Sibley, Property Owner & Merchant Ana Watson, P.E., Miami -Dade County Capital Improvement staff Maria Porrata, Public Works Director, Village of Pinecrest The Certification Committee determines whether or not the applicant is � qualified to provide the services requested and whether or not the proposal is complete. The Competitive Selection Committee ranks the Consultants on how well they can provide the requested services and will recommend at least two to your office and in turn to the City Commission for final selection. If the above appointments are satisfactory, please sign below and return a copy. Thank you. r Approved: Charles D. Scurr, City Manager § . / 2 . I c 4 & . . o. . _z k z �§f° . o_ p a § \ 2 . J \ « 6 «/\ . .z w - ■ ® & _ ) . . . . c / k m 1 . C3 0 # $ . o % cu \ . LL \�& -Z,- - a . z o f\�f . 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From: Charles Scurr City Manager REQUEST: Date: July 23, 2002 /,3 RE: Waiver of Plat request for 8375 SW 58th Avenue A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY C n_ 9E REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSIT Y RESIDEN'TIAL," LOCATED AT 8375 SW 58TH AVENUE, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: On July 11, 2002, an Application for Waiver of Plat was applied by the owner of the property Mr. Paco Garcia, in order to divide a tract of land described as property folio 09 4036 033 0120, located at 8375 SW 58th Avenue. LEGAL DESCRIPTION: SEE ATTACHMENT "A ANALYSIS: The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low Density Residential," located at 8375 SW 58th Avenue. The two parcels at this location are consistent with the RS -3 "Low Density Residential" zoning on the north, the south, the east and the west. The proposed wavier of plat is creating tracts that are larger than required by the land development regulations for RS -3 and surrounding properties as well. Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single - Family District are as follows: Waiver of Plat - 8375 SW 58`" Avenue July 18, 2002 Page 2 of 3 ZONING SUMMARY for Parcel I: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Minimum Lot Size: 10,085 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 85.16 feet proposed, Minimum frontage 75 feet required. Currently Parcel I has about one third of the existing one -story structure, to be demolished, on the subject property. The property shall front and be accessible through SW 58th Avenue. ZONING SUMMARY for Parcel II: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single- Family (c) Minimum lot size: 10,085 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 85.16 feet proposed, Minimum frontage 75 feet required. Currently Parcel II has a large portion of the existing one -story structure, to be demolished, on the subject property. The property shall front and be accessible through SW 58th Avenue. APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code . • Chapter 28 -4 Subdivision Regulations Waiver of Plat — 83 75 SW 58`" Avenue July 18, 2002 Page 3 of 3 RECOMMENDATION Staff recommends approval of the request. The applicant shall comply with the City's tree removal /relocation requirements. The proposed project will not adversely affect the health or safety of persons residing in the vicinity of the waiver of plat, and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to County review and approval, and compliance with the City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Attachment "A" Property Survey Site plan CS /RGL /LCH \ \\MCGRUFF \PLANNING \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue.doe ATTACHMENT "A" LEGAL DESCRIPTION: PARENT TRACT: Lots 16, 17, and 18, of Block 1, of "Amended Plat of Sea View Park" according to the plat thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, Florida. Having an area of 20,170 square feet, more or less, gross. LOT 1: The north one half of lots 16, 17, & 18 of Block 1 of "Amended Plat of Sea View Park" according to the plat thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, Florida Having an area of 10,085 square feet, more or less, gross. LOT 2: The south one half of lots 16, 17, & 18 of Block 1 of "Amended Plat of Sea View Park" according to the plat thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, Florida Having an area of 10,085 square feet, more or less, gross. K: \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue; Resol.doe 1 2 3 4 5 6 RESOLUTION NO. 7 8 9 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 10 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF 1I PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT 12 CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE 13 PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," 14 LOCATED AT 8375 SW 58TH AVENUE, SOUTH MIAMI FLORIDA 33143;- 15 PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN 16 EFFECTIVE DATE 17 18 WHEREAS, Mr. Mr. Paco Garcia, owner of the property at 8375 SW 58th Avenue, 19 submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the Land 20 Subdivision Regulations; and, 21 22 WHEREAS, Planning staff has recommended approval of the application for said waiver, 23 which is based upon (a) the merits of the application as it relates to requirements in the Land 24 Development Code and (b) the application's consistency with the City's adopted Compressive 25 Plan; and, 26 27 WHEREAS, the Mayor and City Commission of the City of South Miami desire waive 28 the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision 29 Regulations; and, 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1. The application submitted by Mr. Paco Garcia, requesting a waiver of plat, for 35 the property legally described in Section 2, pursuant to Section 20- 4.2(b) of the Land 36 Subdivision Regulations and, is granted. 37 38 39 Section 2. LEGAL DESCRIPTIONS PARENT TRACT: 40 41 42 Lots 16, 17, and 18, of Block 1, of "Amended Plat of Sea View Park" according to the plat 43 thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, 44 Florida. 45 46 Having an area of 20,170 square feet, more or less, gross. 47 48 49 50 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 LOT 1: The north one half of lots 16, 17, & 18 of Block 1 of "Amended Plat of Sea View Park" according to the plat thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, Florida Having an area of 10,085 square feet, more or less, gross LOT 2: The south one half of lots 16, 17, & 18 of Block 1 of, "Amended Plat of Sea View Park" according to the plat thereof, as recorded in plat book 17 at page 80 of the public records of Miami -Dade County, Florida Having an area of 10,085 square feet, more or less, gross. Section 3. Drawings submitted by the applicant, as part of the record for this City Commission meeting prepared by Alberto Lorenzo - Luaces, Professional Land Surveyor, No. 3087, dated May 24, 2002, shall be the guiding plan for development. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 23rd day of July, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu Commissioner Bethel: Commissioner Wiscombe: CS /RGL /LCH K: \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue; Resol.doc City of South Miami Planning & Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591 Application For Waiver of Plat Address of Subject. Property: , Lot(s) /V,2/,_ Block Subdivision C- &3-7 04 U Pg- -rte � - -- - - -s- - -S2 -L- ------------ Meets & Bounds: - - --------------- Setbacks for Existing Building(s): io ,Se .,c n c s t,,s Applicant : �- �,,, Phone: 760c - 2-22 - 3c/00 Representative /', 61 C �P l_G! , Organization: U C 1 Ce rz--p - -- - - - - - -- ----------------------------- Address: - - - --t , - - - -- -----= - - - , Phone. �S;-- o sW 3 S-r 5 9 %,� �,` Fz 334 `7 FG a s l ,------ Property Owner: m ""OL ��' , Signature: ----- ---------- ------ M-a -iling Add -re-s: 1 ---- -- j Phone. 1 i Surveyor.- ( pC2iC Lc, +2E. 20 — L 4 -C-5 Phone: PCs ND, 3o87 AS THE APPLICANT, PLEASE INDICATE YO RELATIONSHIP TO THIS PROJECT 'Owner Owner's Representative Contract to purchase ,Option to purchase Tenant/Lessee Please answer the following: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY A plication Form _Warranty Deed(s) 4wer tter from Owner(s) � of attorney ✓C tract to purchase giver of Plat (22 copies) Signeer& Sealcd ly, a Registered SuNey(Jr equired .;7ee?s;, Zoning District: /Z - 3 Septic Tank or Sewer: SC PTI c- -72A0W1v C -70 5C_J&,L Public or Well Water Supply: �g,,,,,� a�a gstq Lot Frontage(s):C aae,,,; n t� S.3 1 v ,5 6 /0 0 6� Net Lot Area(s): ;2- 0 /70 �k 97,5-.'t -? 3 t, s. ( Setbacks for Existing Building(s): io ,Se .,c n c s t,,s Existing Building Coverage(s): y Existing Impervious Coverage(s): ' ' F.A.R. (For Commercial Only): Abutting Streets /Right -of- way's: 63 ; q > V S 6 ,)6 1 ' The undersigned has read this completed application and represents that the information and all submitted maEeraal are true and orrec� ct to the st of the applicant's knowledge and belief. Appiica s an t� Te Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Lard DevvIopm--rt Cade andeot -,� applicable regulations. Applications found not in compliance will be rejected and returned to the applica:i:. , OFFICE USE ONLY: Date Filed City Approval County Approval Concurrency Method of Payment I Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: July 23, 2002 City Commission Coo /4/ From: Charles Scurr RE: Tentative Plat request for City Manager SW 66th St. and SW 60th Ave REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -4 "SINGLE - FAMILY RESIDENTIAL," LOCATED AT SW 66TH ST AND SW 60TH AVENUE, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: On July 10, 2002, an Application for Tentative Plat was applied by Ann Manning, on behalf of Habitat for Humanity of Greater Miami, Inc. in order to divide a tract of land located at SW 66th Street and 60th Avenue. This will enable the construction of five individual single- family homes on the Marshall Williamson property, within the South Miami Community Redevelopment Area. LEGAL DESCRIPTION: SEE ATTACHMENT "A". ANALVCTS! The purpose of the proposed tentative plat is to divide the 38,080 square feet (0.874 + acres) into five lots, so that one residence can be built on each parcel. The site is within the RS -4 "Single - Family Residential District," located at 66th Street and 60th Avenue. The proposed tentative plat is creating tracts that are larger than required by the land development regulations for RS -4. Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single - Family District are as follows: Tentative Plat — SW 66 Street & SW 60 Avenue July 23, 2002 Page 2 of 3 ZONING SUMMARY for Lot 4": (a) Zoning Designation: RS -4 "Single- Family Residential" (b) Use: Single- Family (c) Minimum Lot Size: 7,464 s.f. proposed, Minimum lot size 6,000 s.f. required. (d) Building Frontage: 80.00 feet proposed, Minimum frontage 60 feet required. ZONING SUMMARY for Lot "2 ": (a) Zoning Designation: RS -4 "Single- Family Residential" (b) Use: Single- Family (c) Minimum lot size: 7,600 s.f. proposed, Minimum lot size 6,000 s.f. required. (d) Building Frontage: 80.00 feet proposed, Minimum frontage 60 feet required. ZONING SUMMARY for Lot "3": (a) Zoning Designation: RS -4 "Single - Family Residential" (b) Use: Single - Family (c) Minimum lot size: 7,432 s.f. proposed, Minimum lot size 6,000 s.f. required. (d) Building Frontage: 75.19 feet proposed, Minimum frontage 60 feet required. ZONING. SUMMARY for Lot "4 ": (a) Zoning Designation: RS -4 "Single- Family Residential" (b) Use: Single - Family (c) Minimum lot size: 7,072 s.f. proposed, Minimum lot size 6,000 s.f. required. (d) Building Frontage: 60.00 feet proposed, Minimum frontage 60 feet required. ZONING SUMMARY for Lot "5 ": (a) Zoning Designation: RS -4 "Single- Family Residential" (b) Use: Single - Family (c) Minimum lot size: 6,900 s.f. proposed, Minimum lot size 6,000 s.f. required. (d) Building Frontage: 60.00 feet proposed, Minimum frontage 60 feet required. Tentative Plat — SW 66 Street & SW 60 Avenue July 23, 2002 Page 3 of 3 APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION Staff recommends approval of the request. The proposed project will not adversely affect the health or safety of persons residing in the vicinity of the tentative plat, and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any 'approval of this request is subject to County review and approval, and compliance with the City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Attachment "A" Property Survey CS/RGL /LCH K: \Waiver of Plat \TENTATIVE PLAT SW 66th Street and SW 60th Ave.doc ATTACHMENT "A" LEGAL DESCRIPTION: PARENT TRACT: Portions of the northwest 1/4 of the northwest 1/4 of the southeast 1/4 of Section 25, Township 54 south Range 40 east , City of South Miami, Miami -Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of tract "K ", "University Gardens Subdivision NO 4 ", according to the plat thereof, as recorded in plat book 103, at page 47, of the public records of Dade, County, Florida; thence run north 00 degrees 04 minutes 42 seconds east, along the Easterly boundary of said tract "K ", for 76.00 feet; thence north 89 degrees 44 minutes 26 seconds east, along a line parallel with and 180.00 feet north of, as measured at right angels to, the south line of the northwest %4 of the northwest 1/4 of the southeast 1/4 of said section 25, for 210.86 feet, to a point on a curve, said point bears south 86 degrees 48 minutes 00 seconds west, from the radius point of the next described curve; thence southeasterly, along a circular curve to the left, having a radius of 2025.00 feet and a central angle of 03 degrees 46 minutes 45 seconds, for an arc distance of 133.57 feet, to a point of reverse curvature; thence southeasterly, southerly and southwesterly, along a circular curve to the right, having a radius of 25.00 feet and a central angle of 96 degrees 43 minutes 11 seconds, for an are distance of 42.20 feet, to a point of tangency (last mentioned two courses being coincident with portion of the westerly right -of -way line for S.W. 60th Avenue, as shown on "University Gardens Subdivision NO.6 ", according to the plat thereof, as recorded in plat book 125, at page 41, of the public records of Dade County, Florida); thence south 89 degrees 44 minutes 26 seconds west, along a line parallel with and 19.00 feet north of, as measured at right angles to, the south line of the northwest 1/4 of the northwest %4 of the southeast 1/4 of said section 25, for 218.23 feet; thence north 00 degrees 04 minutes 42 seconds east, along the easterly right -of -way line of S.W. 61s' court, for 85.00 feet; thence north 89 degrees 44 minutes' 26 seconds` east, along the southerly boundary of the aforementioned tract "K ", for 20.00 feet, to the point of beginning. (last mentioned two courses being coincident with portions of the boundary lines of the aforementioned plat of "University Gardens Subdivision NO.4 ") Together with: The south 76.00 feet of tract "K ", "University Gardens Subdivision NOA, according to the plat thereof as recorded in plat book 103 at page 47 of the public records of Dade County, Florida, lying and being in Miami -Dade County, Florida. K: \Waiver of Plat \TENTATIVE PLAT -LEGAL SW 66 ST SW 60 Avenue; Resolution.doc 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A 6 TENTATIVE PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND 7 DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, 8 REGARDING THE PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY 9 RESIDENTIAL," LOCATED AT SW 66TH ST AND SW 60TH AVENUE, 10 SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL 11 DESCRIPTION; AND PPROVIDING FOR AN EFFECTIVE DATE 12 13 14 WHEREAS, Ann Manning, on behalf of Habitat for Humanity of Greater Miami, Inc., 15 subject property at SW 66 Street & SW 60 Avenue., submitted an application requesting a 16 tentative plat, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations and, 17 18 WHEREAS, Planning staff has recommended approval of the application for said tentative, 19 which is based upon (a) the merits of the application as it relates to requirements in the Land 20 Development Code and (b) the application's consistency with the City's adopted Compressive 21 Plan; and, 22 23 WHEREAS, the Mayor and City Commission of the City of South Miami desire waive the 24 requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision 25 Regulations and. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 28 THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The application submitted by Ann Manning, on behalf of Habitat for Humanity of 31 Greater Miami, Inc., requesting a tentative plat, for the property legally described in Section 2, 32 pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations and, is granted. 33 34 Section 2. LEGAL DESCRIPTIONS PARENT TRACT: 35 36 Portions of the northwest '/4 of the northwest 1/4 of the southeast '/4 of Section 25, Township 54 37 south , Range 40 east , City of South Miami, Miami -Dade County, Florida, being more 38 particularly described as follows: 39 Begin at the Southeast corner of tract "K ", "University Gardens Subdivision NO 4 ", 40 according to the plat thereof, as recorded in plat book 103, at page 47, of the public records of 41 Dade, County, Florida; thence run north 00 degrees 04 minutes 42 seconds east, along the 42 Easterly boundary of said tract "K ", for 76.00 feet; thence north 89 degrees 44 minutes 26 43 seconds east, along a line parallel with and 180.00 feet north of, as measured at right angels to, 44 the south line of the northwest '/4 of the northwest '/4 of the southeast 1/4 of said section 25, for 45 210.86 feet, to a point on a curve, said point bears south 86 degrees 48 minutes 00 seconds west, 46 from the radius point of the next described curve; thence southeasterly, along a circular curve to 47 the left, having a radius of 2025.00 feet and a central angle of 03 degrees 46 minutes 45 seconds, 48 for an arc distance of 133.57 feet, to a point of reverse curvature; thence southeasterly, southerly 49 and southwesterly, along a circular curve to the right, having a radius of 25.00 feet and a central 50 angle of 96 degrees 43 minutes 11 seconds, for an are distance of 42.20 feet, to a point of 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 tangency (last mentioned two courses being coincident with portion of the westerly right -of -way line for S.W. 60th Avenue, as shown on "University Gardens Subdivision NO.6 ", according to the plat thereof, as recorded in plat book 125, at page 41, of the public records of Dade County, Florida); thence south 89 degrees 44 minutes 26 seconds west, along a line parallel with and 19.00 feet north of, as measured at right angles to, the south line of the northwest 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25, for 218.23 feet; thence north 00 degrees 04 minutes 42 seconds east, along the easterly right -of -way line of S.W. 61St court, for 85.00 feet; thence north 89 degrees 44 minutes 26 seconds east, along the southerly boundary of the aforementioned tract "K ", for 20.00 feet, to the point of beginning. (last mentioned two courses being coincident with portions of the boundary lines of the aforementioned plat of "University Gardens Subdivision NO.4 ") Together with: The south 76.00 feet of tract "K ", "University Gardens Subdivision NOA, according to the plat thereof as recorded in plat book 103 at page 47 of the public records of Dade County, Florida, lying and being in Miami -Dade County, Florida. Section 3. Drawings submitted by the applicant, as part of the record for this City Commission meeting prepared by Schwebke - Shiskin & Associates, Inc., Robert F. Jackson, President, Professional Surveyor and Mapper No. 2408, dated March 18, 2002, shall be the guiding plan for development. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 23`d day of July, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: ViceMayorRussell: Commissioner Feliu Commissioner Bethel: Commissioner Wiscombe: CS/RGL /LCH \ \MCGRUFF\PLANNING \Waiver of Plat \WAIVEROF PLAT 8375 SW 58 Avenue; Resolution.doc Mar- 19 02 03.300 SChwebke- Sniskin (9541438 -3288 p.2 X11 ; City of South Miami Planning & Auing Department 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (30`)663 -6327 Teletacsimile: (305),666 -.4541 APPlication For Waiver of Plat koaress of Sub;eck Property. S.W. 66th Street and S. 1, 6 it Lot(s) _ i3lack Meets &6o ----------------- v -e� t P13 Subdivision ands. 1(see attached} - - - -- lroans: r - ------- - - -- -- pp Hab:Ltat -- - Hiam.i !for Human -ity of � neater Phone: eAresentative: 3C - -6 ?0 -223.4 t1.rzi man-tille Organization. Acd - - - - -- SS: °- ° -- -- -____L ._li a b _tat.__cr `iumar_zty f Dadeiana Bl,,,d., Su, Phone. - o,. Gr ester Miam= P',perty rjy�""`-°-° Suite 200, i~.tiani X05 -6?0 -222 H.abi.tat for Signature; tvlclliCig Address•- _ . _ _ er _.yia:gi� _�:1n i _ � _ _ -------------------------------- 9350 S. D,aeeland 131trd., Suite ; Phone: ------- S�:tleyor: "`°"_"'° '`�0, Miami ; 305- 670 -2224 ".S.c.�h® webke- Shiskin & Associates Inc. nc ; PtaRe 305 ;' -7010 LTHE PAL€ AhiT, PLC ASE [%'CziCAT'E YOUR RELATIONSHiI= TD THIS PRC rECT: wner Ownor's Representative - ---� -...�. _ Contract to p�,rvna;se rJp on to purc;?ase Tv°ncttii LeSSeS Please answer the following: _ - _ 4�ori SUBMITTED C� MA IIAA'iiER%ALS ng District: RS -4 `- `` '°.- -- ___ _.� PLEASE CHECK AL- THAT APP Y Septic Tank: or Sewer __ ---- - -_ -__ ewer -. _ ..._ Y _ _ nPP +i ;iora Form °ub1ic or We',?, �4i ter Si pply: Mia� d -'_..o ot- Frontage(s). , ` _ Wes rant; Deeds) atar & Se er Der Letter - ----- 60 ft, t QO ft . Net Lot Area(N o} 0 "—°� ---- ---- from C'�r,-�er s ---- -- r`_ ( ) -� -_ _ — rower of attorney bU47600 y Se asks for Existing 8uildirrgls;: r� _ ,� — -- _: _ CQr.tract to PLI%hase Existing 3ui_ iding ds�, w-- - ---- -- N/A — _-- ---�_� __ Weiver of Plat (22 rapier) Exist'Ex irg?mD6rviouS Co� overage(S �-- "--- -°— --____ Signed Sealed by a Registered SJr< e on F.4.R. {For Gcrnmercial C3nly): _ �.____ - - --- _�..._- . Required F"ee;S} Right -c €- ways: i l -- - - - --_ _._ _ c t S ., . �y St. � � • `� . v The `dersi6ned has read this corn lztcd a hcaU Ave: p ge zon and rerresentc th t the infomatiar. and all subiritte� zmalmna;. correct to Chi nest rf�G.r applicant's la�nawledge and helicf'. u A s are trse a ad 1 licara`t'sX- ;CS. ?� ._-.. ��c= G1��✓`C.� EJ!%LPC�Dy C,� 1 P gna..kare and title Date LT rec:e t)t, apple atioal:; and ail sibmitted Will be app 'icahIe regular ;caps. �pnlications i' ®and acs tcampl ance wi be e3e for cl)nTenu cC to the applicant. iarca vvsLa �xc) €atta3 Dare ;op: €xze.tC oce aa� other pp cant. 4 Date Filed_ i Concurreacy _ -- �Merhod of F•a � , _fin t City ,kpprova — — — N Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: July 23, 2002 doo City Commission /S From: Charles Scurr RE: Waiver of Plat request for City Manager 5989 SW 83 rd Street REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5989 SW 83RD STREET, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND: On June 18, 2002, an Application for Waiver of Plat was applied by Mr. Jorge Aguirre, on behalf of Portico Construction Inc., in order to divide a tract of land described as property folio 09 4036 033 0470, located at 5989 SW 83rd Street. LEGAL DESCRIPTION: SEE ATTACHMENT "A". ANALYSIS: The proposed waiver of plat would create two single residential properties, zoned RS -3 "Low Density Residential," located at 5989 SW 83rd Street. The two parcels at this location are consistent with the RS -3 "Low Density Residential" zoning on the north, the south, the east and the west. The proposed wavier of plat is creating tracts that are larger than required by the land development regulations for RS -3 and surrounding properties as well. Pursuant to Section 20 -3.5E of the Land Development Code, Dimensional Requirements Single - Family District are as follows: Waiver of Plat — 5989 SW 83rd Street July 23, 2002 Page 2 of 3 ZONING SUMMARY for Parcel I: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Minimum Lot Size: 10,773 s.f. proposed, Minimum lot size 10,000 s.f. required. (d) Building frontage: 75.08 feet proposed, Minimum frontage 75 feet required. Currently Parcel I has about one third of the existing one -story structure to be demolished, on the subject property. The current survey indicates the existing structures to be removed, the existing asphalt driveway leading to the carport, and the existing trees to remain. The property shall front and be accessible through SW 83rd Street. ZONING SUMMARY for Parcel II: (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Minimum lot size: 10,773 s.f. proposed, Minimum lot size 10,000 s.f required. (d) Building frontage: 75.08 feet proposed, Minimum frontage 75 feet required. Currently Parcel II has a large portion of the existing one -story structure to be demolished, on the subject property. The current survey indicates the existing structures to be removed and the existing trees to remain. The property shall front and be accessible through SW 83rd Street. APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 • Section 20- 4.2(b) • Section 20 -4.1 Comprehensive Plan Dimensional Requirements Land Subdivision Regulations Adequate public facilities • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code • Chapter 28 -4 Subdivision Regulations Waiver of Plat — 5989 SW 83rd Street July 23, 2002 Page 3 of 3 RECOMMENDATION Staff recommends approval of the request subject to the condition that the existing trees are to remain. The proposed project will not adversely affect the health or safety of persons residing in the vicinity of the waiver of plat, and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to County review and approval, and compliance with the City of South Miami Land Development Code, the Comprehensive Plan and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Attachment "A" Property Survey CSAULCH \ \MCGRUFF\PLANNING \Waiver of Plat \WAIVEROF PLAT 5989 SW 83 STREET.doc ATTACHMENT "A" LEGAL DESCRIPTION: PARENT TRACT: Lots 16, 17, and 18, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; (and the east 1/2 of southwest 60th Avenue, lying west and adjacent to lot 16 closed as per Ordinance 14 -81 -1108, of Block 4, Sea View Park Amended, as reflected in the public records of Miami- Dade County, Florida); Having an area of 21,546 square feet, more or less, gross. PARCEL "I ": Lot 16 and the west 4.92 feet of lot 17, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; (and the east 1/2 of southwest 60th avenue, lying west and adjacent to lot 16 closed as per Ordinance 14 -81 -1108, of Block 4, Sea View Park Amended, as reflected in the public records of Miami -Dade County, Florida); Having an area of 10,773 square feet, more or less, gross. PARCEL "II ": Lot 18 and lot 17 less the west 4.92 feet, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; Having an area of 10,773 square feet, more or less, gross. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE COUNTY CODE, REGARDING THE PROPERTY LOCATED IN THE RS -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 5989 SW 83RD STREET, SOUTH MIAMI FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr. Jorge Aguirre, on behalf of Portico Construction, Inc. owner of the property at 5989 SW 83rd Street., submitted an application requesting a waiver of plat, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations; and, WHEREAS, Planning staff has recommended approval of the application for said waiver, which is based upon (a) the merits of the application as it relates to requirements in the Land Development Code and (b) the application's consistency with the City's adopted Compressive Plan; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire waive the requirements of the platting procedure pursuant Section 20- 4.2(b) of the Land Subdivision Regulations; and, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Mr. Jorge Aguirre, on behalf of Portico Construction, Inc., requesting a waiver of plat, for the property legally described in Section 2, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations and, is granted. Section 2. LEGAL DESCRIPTIONS PARENT TRACT: Lots 16, 17, and 18, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; (and the east '/2 of southwest 60th Avenue, lying west and adjacent to lot 16 closed as per Ordinance 14 -81 -1108, of Block, 4, Sea View Park Amended, as reflected in the public records of Miami - Dade County, Florida); Having an area of 21,546 square feet, more or less, gross. l 2 3 4 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 PARCEL "I ": Lot 16 and the west 4.92 feet of lot 17, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; (and the east I/2 of southwest 601h avenue, lying west adjacent to lot 16 closed as per Ordinance 14- 81- 1108, of Block 4, Sea View Park Amended, as reflected in the public records of Miami -Dade County, Florida); Having an area of 10,773 square feet, more or less, gross. PARCEL "II Lot 18 and lot 17 less the west 4.92 feet, of Block 4, of Sea View Park Amended, according to the plat thereof, as recorded in plat book 17, of page 80, of the public records of Miami -Dade County, Florida; Having an area of 10,773 square feet, more or less, gross. Section 3. Drawings submitted by the applicant, as part of the record for this City Commission meeting prepared by Caribbean Land Surveyors, Inc., Walter E. Venega, Professional Surveyor and Mapper No. 3106, dated May 3, 2002, shall be the guiding plan for development. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 23rd day of July, 2002. CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY CS /RGL/LCH K: \Waiver of Plat \WAIVEROF PLAT5989 SW 83 Street Resol.doc ET • Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu Commissioner Bethel: Commissioner Wiscombe: City of South Mi4mi Planning & Zoning Department 6130 Sunset.Drive, South Miami, Florida 3314 Telephone: (305)663 -6327 Telefacsimile: (300666 -4591 Application For Waiver of Plat Address of Subject Property: ; Lot(sh EL�-Z1 8Block 4 SubdlvisiorSeavlew Park -- 5-282-ascB3zd- &T----------------- -,-PB- 1ZR - - ----------- - - - - -- -- - - - - -- Meets & Bounds: Applicant ; Phone: PORTICO CONSTRUCT Representative: ; Organization: _JORGE _AGUIRRE _ _____________ P- MT1fQ- =N3TEUCTL(an, LDLC____ -__ - -_ Phone: A dress 1 6 620 SW 9 3 .rd AVE , (786) 242 0686 Property Owner: ; Signature: -- PQgT.LCII. �nN�m BIJCTIOAtr_ T.. lu. G�------- �-- -------------------------- - - - - -- Mailing Address: ' r P hone. MIAMI FL 33143, (305) 663 9S56 Surveyor Phone: CARIBBEAN 824 004 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS .PROJECT X OIrrner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee Please answer the following: Zoning District. RS-3 Septic Tank or Sewer: SEPTIC TANK Public or Well Water Supply rTTv WAMZF Lot Frontage(s). Net Lot Area(s): (2) 10,773 S FT each Setbacks for Existing Building(s): Existing Building Coverage(s): Existing Impervious Coverage(s): F.A.R (For Commercial Only): Abutting Streets / Right -of- way's: S t 83r SUBMITTED MATERIALS PLE =SE CHECK ALL THAT APPLY Ap' arranty lcation Form Deed(s) ZLetter from Owner(s) Power of attorney (P/) _ Contract to purchase ,/Waiver of Plat (22 copies) Signed & Sealed by a Registered Surveyor' ,,/Required Fee(s) The undersi;ne read this comp application and represents that the information and all submitted materials are true and correct to the t of the applicant' wle e and belief. t�Grt1% ro Ils /,o A pli n .s S1i na d title Dn t /oy/rzeeipi;- plications and all suhmined materials will be reviewed for compliance with the Land Development Code and other .licahie regulations. Applications found not in compliance will be rejected and returned to the appiicant. OFFICE USE ONLY: i Date Filed_ City Approval Counn, Approval,__ ConCUrrenc\ Method of Pavment To: Mayor and City Commission From: Charles D. Scurry, City Manager e REQUEST Date: July 19, 2002 Agenda Item:_ Comm Mtg. 07 -23 -02 Re: Authorization to execute a contract with Centex Rooney Construction Co., Inc. for the 73rd Street Parking and Retail Project A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH CENTEX ROONEY CONSTRUCTION CO., INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES FOR THE SW 73RD STREET PARKING AND RETAIL PROJECT AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The City of South Miami solicited proposals from qualified Construction Managers to provide Construction Management (CM) @ Risk services for the SW 73rd Street Parking and Retail project. A selection process was set up based on the requirements of the State Statues governing acquisition of professional architectural and engineering services. The City Commission at its special meeting on June 19, 2002 accepted the Selection Committee recommendation and authorized the Administration to negotiate an agreement with the first ranked firm Centex Rooney Construction Co., Inc. The agreement for the CM services consists of two phases. The first phase of the agreement is for pre - construction services, wherein the CM functions as an agent of the City, is paid a fixed fee for services performed, and is an integral part of the design team. The negotiated fee is $89,235.00, which is approximately 1.5% of the budget amount. A breakdown of the fee is attached. The industry norm for such a fee ranges between I% to 2% of the budget amount depending on the size and complexity of the project. The Architects estimate of the project'is $5,936,518. Pre - construction services shall include such items as value engineering, scheduling, constructability analyses and the development of a project estimates at various stages of the project leading to a Guaranteed Maximum Price (GMP). If the GMP is accepted, the second phase (the construction phase) is implemented. The source of funding for the Construction Management services is the special funding allocated for the project by the City Commission. Attached are also the proposed resolution, a copy of the negotiated agreement and a preliminary project schedule. RECOMMENDATION The proposed Agreement is recommended for City Commission approval. Attachments: Proposed resolution. Preliminary Project Schedule Pre- construction fee breakdown Proposed Agreement I RESOLUTION 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO EXECUTE A CONSTRUCTION 5 MANAGEMENT SERVICES AGREEMENT WITH CENTEX ROONEY 6 CONSTRUCTION CO., INC., FOR CONSTRUCTION MANAGER @ RISK SERVICES 7 FOR THE SW 73RD STREET PARKING AND RETAIL PROJECT AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission desires to retain a qualified Construction 12 Manager firm to provide Construction Management (CM) @ Risk services for the SW 73rd 13 Street Parking and Retail project. and 14 15 WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for 16 Professional Services, and 17 18 WHEREAS, The City having followed the requirements established by Florida 19 Statute for Acquisition of Professional Services for Architects and Engineers, 20 recommended three top ranked firms in order of preference to the city .Commission, and 21 22 WHEREAS, The City Commission authorized the administration to negotiate an 23 agreement for construction management services, including pre - construction services with 24 the first ranked firm Centex Rooney Construction Company, Inc., and 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: That the City Commission approve the proposed agreement as negotiated 30 between the City and Centex Rooney Construction Company, Inc. for the amount of 31 $89,235 for the pre - construction services. 32 33 Section 2: That the approved and executed agreement is made a part of this resolution 34 35 Section 3: This resolution shall take effect immediately upon approval. 36 37 PASSED AND ADOPTED this day of , 2002. 38 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 Commission Vote: 44 READ AND APPROVED AS TO FORM: Mayor Robaina: 45 Vice Mayor Russell 46 Commissioner Feliu 47 Commissioner Wiscombe: 48 CITY ATTORNEY Commissioner Bethel: U N O Z U O CL N O) Q C 7 T a Q m LL LL M O @ OI O N C O � C (C O z An a E U O OD 0 (n p = V M m M m a f6 Q o ... ........ ............................... 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M c C. c o o c �° e ° E o o 'ma '0 'D D _ (D N M (n. t O LO O co In h O M _ — O L 7 C rn c N z c Y ii) w p� C O. w U a E E I= E MD E a CO o m S '> 0 a o cq E 0 U s oN m rn U a y a. U N cno 00 O n. ,+ O `1 '0 Tn U ~ J N N N N N N N co ' N O m ao City of South Miami Parking Garage Estimated Pre - Construction Costs 19- Jul -02 Estimator Total MH 00% Schemati Schematic 100% DD 75% CD -GMP John Begani 0.0 Sr. Est 0.0 0.0 0.0 Mike Bridis 0.0 Sr. Est 0.0 0.0 0.0 Bruce Capon 0.0 Lead Est 0.0 0.0 0.0 Steve Carter 0.0 Sr. Est 0.0 0.0 0.0 Stanley Chen 104.0 Sr. Est 24.0 40.0 40.0 Karen Ely 8.0 Sec'y 0.0 0.0 8.0 Tom Fawcett 88.0 Sr. Est 16.0 32.0 40.0 Mario Garcia 0.0 Sr. Est 0.0 0.0 00 Alain Green 6.01 Est Asst. 0.0 2.0 4.0 Jorge Gutierrez 80.0 Sr. Est 16.0 24.0 40.0 Dave Hamlin 0.0 SVP 0.0 0.0 0.0 Vijay -Kaul 0.0 Sr. Est 0.0 0.0 0.0 Colin Kepley 0.0 Est 0.0 0.0 0.0 John Lavelle 0.0 Lead Estl 0.0 0.0 0.0 Kent Long 10.0 VP 0.0 2.0 8.0 Warren McCraw - 0.01 Sr. Est 0.0 0.0 0.0 Allen Messer 0.0 Sr. Est 0.0 0.0 0.0 Bryan Parker 0.0 Chief Est 0.0 0.0 0.0 David Plott 0.0 Sr. Est 0.0 0.0 0.0 Chuck Rieman 114.0 Sr. Est 24.0 40.0 50.0 Irfan Syed 0.0 Est 1 0.0 0.0 0.0 Mike Thompson 96.0 Chief Est' 24.0 32.0 40.0 Morgan King 260.0 Sr VP 40.0 80.0 140.0 Project Mgr / PE 420.0 PM 40.0 120.0 260.0 Redi -Check i in above in above Wayne Thonsgard 0.0 Sr. Est 0.0 0.01 0.0 Total Man Hours 1,186.0 184.0 372.0 630.0 $89,235.00 Total MH 106 386 0 8 6 506 Rate 00% Schemati 100% DD' 751/6 CD -GMP Total VP /Chief Est/Lead Est Hours $75.00 $1,800.00 $2,550:00 $3,600.00, Total Senior Estimator Hours $50.00 $4,000.00 $6,800.00 $8,500.00'1 Total Estimator Hours $35.00' $0.00 $0.00 $0.00 Total Secretarial' Hours $20.00 $0.00 $0.00 $160.00 Total Est. Asst. Hours $15.00 $0.00 $30.00 $60.00' Sr. VP Operations $125.00 $5,000.00 $10,000.00 $17,500.00 Project Mgr / PE $60.00 $2,400.00 $7,200.00 $15,600.00 IPlans & Specs $110.00 $900.00 $2,600.00 Postage & Courier $25.00 $100.00 $300.00 $13,335.00 $27,580.00 $48,320.00 $89,235.00 Total MH 106 386 0 8 6 506 SW 73rd Street Parking and Retail Project City of South Miami Construction Management Services Agreement THIS AGREEMENT made and entered into this day of , 2002, by and between the CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, ( "City ") and CENTEX ROONEY CONSTRUCTION COMPANY, INC., a Florida Corporation. In consideration of the mutual covenants contained in this Agreement, and other consideration, the receipt and the legal sufficiency of which is acknowledged by the parties, the City agrees to employ the Construction Manager and the Construction Manager agrees to perform all required services in connection with the following described project (Work). Section 1: The Construction Team and Extent of Agreement 1.1 The Construction Manager, the City, and the Architect/Engineer ( "Construction Team ") will work as a team through construction completion. The Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. The Architect/Engineer will provide leadership to the Construction Team on all matters relating to design. 1.2 The Construction Manager shall furnish its best skill and judgement and cooperate with the Architect/Engineer in furthering the interests of the City. The Construction Manager shall furnish efficient business administration and superintendence and use its best efforts to complete the Project in an expeditious and economical manner consistent with the interests of the City. 1.3 This Agreement and the Contract Document represent the entire agreement between the City and the Construction Manager and supersedes all prior negotiations, representations or agreements. The Contract Document includes Drawings and Specifications and the Conditions of the Contract. Where this Agreement is expressly in conflict with the Conditions of the Contract, this Agreement will prevail. Where this Agreement is silent, the Conditions of the Contract, and the requirements of the Drawings and Specifications will prevail. This Agreement may be amended only by written instrument signed by the City and the Construction Manger. Section 2: Construction Manager's Basic Services The Construction Manager's Basic Services under this Agreement include pre- construction phase services and construction phase services. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 2 of 17 2.1 The Pre - construction Phase: The pre - construction services shall commence at the issuance of the "Notice to Proceed for Pre- construction Phase ". The Construction Manager shall: 2.1.1 Pre - construction deliverables shall consist of 5 (five) copies of reports at 100% Schematic Design phase, at 100 % Design Development phase and a Guaranteed Maximum Price (GMP) proposal at 75% Construction Document phase. The reports shall include a complete discussion and summary of the services provided in accordance with Subparagraphs 2.1.2 through 2.1.9 herein below, including the schedule, a detailed cost estimate and the Construction Manager's confirmation that the project as designed and specified can be constructed within the budget. 2.1.2 Provide a preliminary evaluation of the City's program and project budget requirements, each in terms of the other at the completion of 100% o Schematic Design phase. 2.1.3 Review and study, on a continuing basis through the development of design and construction documents for accuracy, completeness, clarity, and consistency, advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery, provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies. 2.1.4 Provide for the Architect/Engineer's and the City's review and acceptance, a Project Schedule that coordinates and integrates the Construction Manager's services, the Architect/Engineer's services and the City's responsibilities with anticipated construction schedules. The Construction Manager shall update this schedule periodically, as required. 2.1.5 Prepare for the City's approval a detailed estimate of Construction Cost for deliverables as identified in Section 2.1.1, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer; advise the City and the Architect /Engineer if it appears that the Construction Cost may exceed the Project budget; and make recommendations for corrective action. 2.1.6 Coordinate Contract Documents by consulting with the City and the Architect /Engineer regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost or schedules; assist the City and the Architect/Engineer in preparing comparative life cycle analysis of ownership, operating, and maintenance costs for design alternatives prepared by the Architect /Engineer. 2.1.6(l) Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the City, review the Drawings and Specifications and make recommendations as required to provide that; (1) the Work of the separate contractors is coordinated with that of the Trade Contractors; (2) all requirements for the Project have been City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 3 of 17 assigned to the appropriate separate contract; (3) the likelihood of jurisdictional disputes has been minimized; and (4) proper coordination has been provided for phased construction. 2.1.6(2) Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Trade Contractor; provide the Project Construction Schedule for each set of bidding documents; and develop a plan for the phasing of construction. 2.1.6(3) Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Architect/Engineer; expedite and coordinate delivery of these purchases. 2.1.7 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases; develop bidding packages designed to minimize adverse effects of labor shortages. 2.1.7(1) Consider the City's goal of hiring local community residents and other bidding requirements when developing bid packages. 2.1.8 Make recommendations for pre - qualification criteria for bidders and develop bidders' interest in the Project; establish bidding schedules. 2.1.9 Schedule and conduct monthly meetings of the Construction Team, and prepare and distribute minutes. 2.1.10 Based upon Drawings and Specifications produced by the Architect /Engineer, develop Guaranteed Maximum Price ( "GMP ") proposal(s), including Project Construction Schedule, itemized by Trade Contract, for phases of Work as required by the City. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, the Construction Manager shall notify the City immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposals, and the GMP will not be adjusted due to assumptions made by the Construction Manager, but not included in the GMP proposal. 2.1.10(1) If the City accepts the GMP proposal, it will become an Amendment to this Agreement, which will establish the GMP, Contract Time, and liquidated damages for that phase of the Work. Performance and Payment Bonds on the City's standard forms will be executed simultaneously with the GMP amendment. 2.1.10(2) If the City does not accept the GMP proposal, the City shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work. The Construction Team will discuss and negotiate these recommendations for no more than 30 calendar City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 4 of 17 days, unless the City grants an extension in writing. If an acceptable GMP is not developed, negotiations may be terminated. 2.2 Construction Phase. The Construction Phase shall commence at the issuance of the " Notice to Proceed for Construction" and the City's acceptance of the GMP. Unless otherwise authorized by the City, all Work shall be performed under Trade Contracts held by the Construction Manager. The Construction Manager shall: 2.2.1 Administer the construction phase as provided herein and according to the conditions of the Contract Document. 2.2.1(1) Terms used in the Conditions of the Contract shall have the following meanings: .1 "Contractor" means Construction Manager, and the terms will be used interchangeably; .2 "Subcontractor" means Trade Contractor, and the terms will be used interchangeably; and, "Contract Sum means Guaranteed Maximum Price for completing 100% of the work and the terms will be used interchangeably. 2.2.2 Commence the Work within 10 days after issuance of the Building Permit and /or receipt of the Notice to Proceed from the City, whichever is later. 2.2.3 Develop procedures, which are acceptable to the City for the pre - qualification of Trade Contractors; develop Trade Contractor interest in the Project and publicly advertise and conduct pre - bid conferences with interested bidders to review the documents; take competitive bids on the Work of the various Trade Contractors; or, if authorized by the City in writing, negotiate for the performance of that Work (the Construction Manager may require bidders to submit bid bonds or other bid security acceptable to the Construction Manager as a prerequisite to bidding on the Work); analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with the City and Architect/Engineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the desired scope of Work (specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete but do not include duplicate scope items. Maintain records of all pre -award interviews with apparent low bidders); prepare and submit written recommendations to the City and Architect /Engineer for award of Trade Contracts by the Construction Manager; promptly award and execute Trade Contracts with approved Trade Contractors; and provide copies of fully executed Trade Contracts, insurance certificates and, if required, bonds to the City. 2.2.4 Manage, schedule and coordinate the Work, including the Work of the Trade Contractors, and coordinate the Work with the activities and responsibilities of the City, Architect /Engineer and City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 5 of 17 Construction Manager in order to complete the Project in accordance with the City's objectives of cost, time and quality; develop and maintain a program, acceptable to the City and Architect/Engineer, to assure quality control of the construction; supervise the Work of all Trade Contractors, providing instructions to each when its Work does not conform to the requirements of the plans and specifications and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the progress of the Work. Should disagreement occur between the Construction Manager and the Architect /Engineer over acceptability of Work and conformance with the requirements of the specifications and plans, the City shall be the final judge of performance and acceptability. 2.2.5 Maintain exclusively for this Project a competent full -time staff at the Project site to coordinate and direct the Work and progress of the Trade Contractors on the Project. All of the Construction Manager's on- site management and supervisory personnel shall be consistent with the interview presentation and shall not be removed or replaced without the City's consent which shall not be unreasonably withheld. The City shall have the right to direct the Construction Manager to remove or replace any on -site personnel whose performance becomes unsatisfactory to the City. In such event, the Cons tructionManager shall promptly replace such personnel, without consideration of additional compensation for the replacement. 2.2.5.1 Establish on -site organization and lines of authority in order to carryout the overall plans of the Construction Team; identify an on -site staff member to represent the Construction Manager, on a daily basis, with authority to negotiate change orders and contract modifications on behalf of the Construction Manager; and make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of the Work. 2.2.6 Establish procedures for coordination among the City, Architect/Engineer, Trade Contractors and Construction Manager with respect to all aspects of the Work; implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Team. 2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the Trade Contractors. 2.2.6.2 In coordination with the Architect /Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 2.2.7 Schedule and conduct weekly progress meetings with Trade Contractors to review such matters as job procedures, construction progress, schedule, shop drawing status and other information as necessary; provide prior notice to City and Architect/Engineer of all such meetings, and prepare and distribute minutes; and attend monthly Team meetings scheduled by the Architect /Engineer. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 6 of 17 2.2.8 Review the schedule with the various Trade Contractors and review, or expand, the level of detail to incorporate specific Trade Contractor input consistent with the overall completion requirements; regularly monitor and update the Project Schedule and various sub - networks as construction progresses; identify potential variances between scheduled and probable completion dates; review schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date; provide summary reports of each monitoring and document all changes in schedule; and display the current Project Schedule in the on -site office; review at progress meetings. Regular schedule updates and reporting shall be included as part of the monthly project report outlined in Subparagraph 2.2.16. 2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment, and the availability of materials and supplies to meet the schedules and in consultation with the City and the Architect/Engineer, take necessary corrective actions when requirements of a Trade Contract or a Trade Contract Schedule are not being met. 2.2.10 Whenever City - Furnished Contractor- Installed materials or equipment are shipped to the Project site, the Construction Manager shall notify the City and shall be responsible for their acceptance, proper storage, and incorporation into the Work provided the scope of the City - Furnished Contractor - Installed work is included within the Guaranteed Maximum Price. 2.2. 11 Develop and maintain an effective system of Project cost control, which is satisfactory to the City; revise and refine the initially approved Project Construction budget, incorporate approved changes as they occur, and develop cash flow reports and forecasts as needed; identify variances between actual and budgeted or estimated costs and advise City and Architect /Engineer whenever projected costs exceed budgets or estimates. Cost Control reports shall be included as part of the monthly project report outlined in Subparagraph 2.2.16 . 2.2.12 The Construction Manager shall maintain a system of accounting consistent with generally accepted accounting principles and any other requirements of the funding agency. The Construction Manager shall preserve all accounting records for a period of four (4) years after final acceptance of the Work. The City shall have access to all such accounting records at any time during the performance of the Work and for a period of four (4) years after final acceptance of the Work. 2.2.13 Develop and implement a system for the preparation, review and processing of change orders. Without assuming any of the Architect/ Engineer's responsibilities for design, recommend necessary or desirable changes to the City and the Architect /Engineer, review requests for changes and submit recommendations to the City and Architect /Engineer. 2.2.13.1 When requested by the City or Architect/Engineer, promptly prepare and submit estimates of probable cost for changes proposed in the Work including similar estimates from the Trade Contractors; and if directed by the City, promptly secure formal written Change Order Proposals from such Trade Contractors. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 7 of 17 2.2.14 Be responsible for initiating, maintaining and supervising effective safety programs and require similar programs of the Trade Contractors and Sub - subcontractors. The OSHA guidelines shall serve as the basis for the construction safety program. 2.2.14.1 Promptly notify the City and, where applicable, the City's Insurance Administrator, in writing, upon receiving notice of filing of any charge of non - compliance from OSHA, or upon receiving notification that a federal or state inspector shall visit or is visiting the Project site. 2.2.14.2 At progress meetings with Trade Contractors, conduct a review of job safety and accident prevention, and prepare minutes of such meetings that will be available to the City's Representative on request. The minutes of job safety and accident prevention portion of such progress meetings shall be made available to the City's Insurance Administrator upon request. 2.2.14.3 Designate a full -time staff member as the project safety director who shall oversee job safety and accident prevention for the Construction Manager, Trade Contractors and Sub - subcontractors involved in the Work, in addition to any other responsibilities assigned to such staff member. 2.2.15 Make provisions for Project security acceptable to the City, to protect the Project site and materials stored off- -site against theft, vandalism, fire and accidents, etc., as required by job and location conditions. Mobile equipment and operable equipment at the site, and hazardous parts of new construction subject to mischief, shall be locked or otherwise made inoperable or protected when unattended. 2.2.16 Record the progress of the Project; submit written monthly progress reports to the City and the Architect /Engineer including progress photographs of the project, information on the Trade Contractors' Work, the percentage of completion, current estimating, computerized updated monthly Critical Path Method scheduling and project accounting reports, including Estimated Time to Completion and Estimated Cost to Complete; keep a daily log available to the City and the Architect/Engineer; and report and record such additional information related to construction as may be requested by the City. 2.2.17 The Construction Manager shall be responsible for the removal, encapsulation, transportation and disposal of any hazardous material, including, without limitation, any asbestos or asbestos - related products as may be required in connection with the Work. Hazardous material, described by federal guidelines, bought by the Construction Manager or the Trade Contractors shall remain their responsibility for proper disposal City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 8 of 17 Section 3: Additional Services 3.1 Upon the mutual agreement of the City and the Construction Manager, and only upon prior written authorization from the City, the Construction Manager shall provide additional services, which are beyond the scope of the Basic Services described in Section 2. The Construction Manager shall be compensated for such additional services a fee to be negotiated by the City and the Construction Manager at the time of the additional service request. Section 4: City's Responsibilities 4.1 The City shall designate a representative to act on its behalf. This representative, or his/her designee, will monitor the progress of the Work, serve as liaison with the Construction Manager and the Architect /Engineer, receive and process communications and paperwork, and to represent the City in the day -to -day conduct of the Project. The Construction Manager will be notified in writing of the representative and of his /her designee. 4.2 The City may retain a threshold inspector, if required. 4.3 The City shall review and approve or take other appropriate action on the Construction Manager's pre- construction deliverables within 10 (ten) calendar days of receipt. 4.4 During the construction phase, communications shall be made as described in the General Conditions. Section 5: Schedule 5.1 Pre- construction Phase 5.1.1 The Construction Manager shall submit the 100% Schematic Design, 100% Design Development Reports, and the Guaranteed Maximum Price Proposal within thirty (30) calendar days after the documents have been made available to the Construction Manager. 5.2 The number of days for performance of the Work under the construction phase of this Agreement shall be established in the Guaranteed Maximum Price Amendment to this Agreement. 5.3 In the event the City desires to accelerate the schedule for any portion of the Work, the City shall notify the Construction Manager in writing. Within fourteen (14) days, the Construction Manager shall give the City a revised Guaranteed Maximum Price for the acceleration, which shall become a Change Order upon acceptance. The City may then direct the Construction Manager to increase its staff and require its Trade Contractors to increase their manpower,_ or to work such overtime hours as may be necessary to accomplish the required acceleration in accordance with the approved Change Order. In such event the City shall reimburse the Construction Manager for the City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 9 of 17 costs of such acceleration subject to the Guaranteed Maximum Price. In no event shall the Construction Manager be entitled to compensation in excess of the adjusted Guaranteed Maximum Price. The Construction Manager shall require accurate daily records of all costs of the required acceleration and shall secure the City's approval of such records. Section 6: Guaranteed Maximum Price 6.1 The Guaranteed Maximum Price ( "GMP ") includes Cost of the Work required by the Contract Documents as defined in Section 8, and the Construction Manager's fee as defined in Paragraph 7.2 herein. The GMP will be established based on design documents prepared by the Architect/Engineer. The GMP is subject to modification for changes in the Work as provided in Section 9. 6.2 ; The GMP will only include those taxes in the Cost of the Work which are legally applicable at the time the GMP is established. 6.3 All cost savings for the not -to- exceed value of the GMP shall be returned to the City as part of the net aggregate savings established when final accounting is submitted upon Final Completion of the Work, or at such earlier time as agreed to by the City and the Construction Manager. "Cost savings" are the net difference obtained by deducting from the Adjusted GMP, the Construction Manager's Fee, the expended portions of the Construction Manager's contingency and the actual expenditures representing the Cost of the Work as defined in Section 8. Liquidated damages, if any, are different from, and are not a part of, this calculation. Upon completion of the bidding and award period, the Construction Manager's contingency will be adjusted so that it does not exceed the contingency percentage agreed upon in the original GMP proposal. Those savings which cause the agreed upon contingency to be exceeded will be available for the City's use, immediately following the bidding and awarding period. 6.4 By execution of this Agreement, the Construction Manager certifies that all factual unit costs supporting the fees specified in this Agreement are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished the City in the future to support any additional fees that may be authorized will also be accurate and complete. The fees specified in this Agreement and any additional fees that may be authorized in the future shall be considered Lump Sum fees as agreed to by the City. Section 7: Payments to Construction Manager 7.1 In consideration of the performance of the Agreement, the City agrees to pay the Construction Manager, as compensation for its services as set forth below: 7.1.1 For pre- construction services, the lump sum amount of $ 89,235.00, to be paid at the satisfactory completion of the following phases : City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 10 of 17 100% SchematicDesign Development $ 13,335.00 100% Design Development $ 27,580.00 75% Construction Documents with GMP $ 48,320.00 7.1.2 Upon acceptance of the GMP, the amount established in the GMP Amendment to this Agreement, which includes the Construction Manager's fee as described in Paragraph 7.2 and the Cost of the Work as described in Section 8, to be paid monthly as described in the General Conditions of the Contract. 7.2 Included in the Construction Manager's Fee are the following: 7.2.1 The cost of its home or branch office employees or consultants not at the Project site, including the cost of all pension contributions, hospitalization, bonus, vacations, medical insurance assessments or taxes for such items as unemployment compensation and social security, payroll insurance, and taxes attributable to wages and salaries and other company overhead expenses for said home office employees. 7.2.2 General operating expenses of the Construction Manager's principal and branch offices other than the field office. 7.2.3 Any part of the Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. 7.2.4 Overhead and profit, or general expenses of any kind, except as may be expressly included in Section 8, as Cost of the Work. 7.2.5 The cost of estimating services which may be required during the construction phase in locations other than the Project site. 7.3 Adjustments in the fee will be made as follows: 7.3.1 Adjustments due to Changes in the Work shall be made as described in the General Conditions of the Contract. 7.3.2 For delays in the Work caused by the City, the Construction Manager shall be entitled to additional fee to compensate the Construction Manager for its increased expenses. The amount of this increased fee shall be calculated at a daily rate derived by dividing the basic fee (excluding profit) established in the accepted GMP proposal by the Contract Time established in the GMP Amendment to the Agreement. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 1 I of 17 7.4 Invoices for fees or other compensation for services or expenses during the pre - construction phase shall be paid on a percentage complete basis equal to the percentage complete. Retainage amount for payment for fees and other compensations during the construction phase will be established in the Contract Document. Section 8: Cost of the Work 8.1 The term "Cost of the Work" shall mean costs including General Conditions costs, incurred in the Work as described and defined in Paragraph 8.2, and paid or incurred by the Construction Manager less any reimbursement for scrap value and cash or trade discounts, subject to Section 10. The term "wages" shall include the straight time and overtime pay and the cost of associated employee benefits. Employee benefits include, but are not limited to, unemployment compensation, social security, compensated absences, and other mandatory and customary contributions and fringe benefits insofar as such costs are based on wages, salaries, or other remuneration paid to employees of the Construction Manager. 8.1.1 The City agrees to pay the Construction Manager for the Cost of the Work as defined in Section 8, through completion of the Work. Payment shall be in addition to the Construction Manager's Fee as stipulated in Paragraph 7.2. 8.2 Cost of the Work includes and is limited to actual expenditure for the following cost items: 8.2.1 Subject to prior approval by the City, wages paid for labor in the direct employ of the Construction Manager in the performance of the Work under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the City and Construction Manager at the time the GMP Amendment is developed, and including such welfare or other benefits, billed at rate of 58.33% for salaried employees and 51.27% for hourly employees. 8.2.2 The cost of all materials, supplies and equipment incorporated in the Work or stored on site, including cost of transportation and storage thereof shall be included in the Cost of the Work. At the City's sole discretion, the City may make payment for materials, supplies and /or equipment stored off -site and bonded. 8.2.3 Payments made by the Construction Manager to Trade Contractors for their Work performed pursuant to Trade Contracts with the Construction Manager. 8.2.4 Cost of the premiums for all insurance or bonds including Trade Contractor bonds which the Construction Manager is required to procure by this Agreement, or other insurance or bonds subsequently deemed necessary by the Construction Manager, and agreed upon by the City. The cost of insurance for the Construction Manager, trade contractors, and sub- subcontractors at any tier in the Work shall be excluded for any insurance to be provided by the City in accordance with Section City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 12 of 17 11. The Construction Manager's General Liability will bw billed at a rate of 1.04% fo the final Contract amount. 8.2.5 Sales, use, gross receipt, or similar taxes related to the Work imposed by any governmental authority in effect at the time the GMP amendment is approved and for which the Construction Manager is liable. 8.2.6 Building and operating permit fees, inspection and filing fees, sewer and water fees, and deposits lost for causes other than the Construction Manager's own negligence. If royalties or losses and damages, including cost of defense, are incurred which arise from a particular design, process or the product of a particular manufacturer or manufacturers specified by the City or Architect/Engineer, and the Construction Manager had no reason to believe there would be infringement of patent rights, such royalties, losses and damages shall be paid by the City and the GMP shall be adjusted by Change Order to compensate the Construction Manager for the increased costs. If the Construction Manager knows or should know that use of the particular design, process or product would infringe a patent(s) and fails to provide written notice to the City before using such design, process or product, then no royalties, losses, damages or defense costs arising from use of such design, process or product shall be a Cost of the Work. 8.2.7 Cost of removal and disposal of all debris including clean -up and trash removal. 8.2.8 Cost incurred due to an emergency affecting the safety of persons and /or property. 8.2.9 Legal costs reasonably and properly resulting from prosecution of the Work for the City provided, however, that they are not the result of the Construction Manager's own negligence or malfeasance. Legal costs incurred in connection with disputes solely between the Construction Manager and the City or incurred in connection with disputes solely between the Construction Manager and Trade Contractors are the responsibility of the Construction Manager and shall not be included in the Cost of the Work. 8.2.10 Cost to the Construction Manager of temporary electric power, lighting, water and heat required for the performance of the Work, or required to protect the Work from weather damage. 8.2.11 Cost to the Construction Manager of temporary safety- related protection including barricades and safety equipment, temporary roads and parking, dust control, pest control, installation and operation of temporary hoists, scaffolds, ladders and runways, and temporary project signs and costs of permits and fees pursuant to the Conditions of the Contract. 8.2.12 Cost of watchmen or similar security services. 8.2.13 Cost of surveys, measurements and layout work reasonably required for the execution of the Work or the requirements of the Agreement. City of South Miami SW 73`d Street Parking/Retail project Construction Management Services Agreement July 2002 Page 13 of 17 8.2.14 Cost of preparation of shop drawings, coordination plans, photographs, or as -built documents not included in Trade Contracts. 8.2.15 Cost of data processing services required in the performance of the construction phase services as outlined in Paragraph 2.2, including cost of information technologies support and services billed at a rate of 0.35% of the final contract amount 8.2.16 All costs for reproduction of documents. 8.2.17 All costs directly incurred in the performance of the Work. 8.2.18 Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workmen which are employed or consumed in the performance of the Work. 8.2.19 Rental charges of all necessary machinery and equipment, including hand tools used in the performance of the Work, whether rented from the Construction Manager or others, including installation, repairs and replacements, dismantling, removal, costs of lubrication, transportation and delivery costs. 8.2.20 Costs associated with setting up and demobilizing tool sheds, Project field offices, temporary fences, temporary roads, and temporary fire protection. 8.2.21 Attendance at meetings of the. City Commission regarding the Project. Section 9: Changes in the Work 9.1 The City, without invalidating this Agreement, may order changes in the Work within the general scope of this Agreement consisting of additions, deletions, or other revisions. All changes in the Work shall be authorized as described in the General Conditions of the Contract. Except in cases of emergency endangering life or property, the Construction Manager shall allow no Changes in the Work without the prior written approval of the City. Section 10: Discounts 10.1 All quantity discounts shall accrue to the City. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall be credited to the City. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 14 of 17 Section 11: Insurance 11.1 The Construction Manager shall provide insurance as required by the Contract Documents before commencing construction. Section 12: Miscellaneous Provisions 12.1 The City and Construction Manager respectively, bind themselves, their partners, affiliates, successors, assigns and legal representatives to the other party to this Agreement and to the partners, affiliates, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither City nor Construction Manager shall assign this Agreement without the written consent of the other. 12.2 This Agreement shall be governed by the laws of the State of Florida. 12.3 The Construction Manager agrees that after completion of all Work under this Agreement and all Amendments thereto and prior to final payment, it will execute and deliver to the City an "Assignment of Anti -trust Claims" as shown in the Special Conditions of the Contract. 12.3.1 The Construction Manager also agrees that prior to final payment, it will cause each of its suppliers and Trade Contractors who have furnished services, goods, or materials in connection with the performance of this Contract, to execute and deliver to the City an "Assignment of Anti -trust Claims" in the same form as specified in Paragraph 12.3. 12.4 The Construction Manager warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Construction Manager) to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation individual or firm (other than a bona fide employee working solely for the Construction Manager) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 12.5 This contract may be unilaterally canceled by the City for refusal by the Construction Manager to allow public access to all documents, papers, letters, or other material made or received by the Construction Manager in conjunction with the contract. 12.6 As required by Section 287.133, Florida Statutes, the Construction Manager warrants that it is not on the convicted vendor list for a public entity crime committed within the past 36 months. The Construction Manager further warrants that it will neither utilize the services of, nor contract with, any supplier, subcontractor, or consultant in excess of $10,000.00 in connection with this Project for a period of 36 months from the date of their being placed on the convicted vendor list. 12.7 The liability of the City to the Construction Manager under this Agreement shall be limited to City of South Miami SW 73`d Street Parking/Retail project Construction Management Services Agreement July 2002 Page 15 of 17 the GMP as described in Section 6, less any payments made to the Construction Manager. The City shall not be liable to Construction Manager for any damage, expense, obligation, penalty, attorney's fees or prejudgment interest, other than for amounts due under this Agreement. 12.8 The Construction Manager shall not file any liens against the Project. If the Construction Manager should breach of this provision the City may seek damages for, among other things, slander of title, fraudulent lien, and attorney's fees and costs. 12.9 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 12.10 The City does not waive sovereign immunity, and shall not be liable for, the payment of attorney's fees, or prejudgment interest. 12.11 The representatives executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 12.12 The Construction Manager shall comply with the following Federal Regulations; 12. 12.1 Executive Order 1 1246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). 12.12.2 Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR Part 3). Section 13: Codes, Ordinances And Laws 13.1 The Construction Manager agrees to abide and be governed by all duly promulgated and published City, County, State and Federal codes, ordinances and laws in effect at the time of design which have a direct bearing on the performance of Work involved on this project. Section 14: Entirety- Of Agreement 14.1 This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 16 of 17 14.2 No alterations, changes, or modifications of the terms of this Agreement shall be valid unless made in writing and signed by both parties and incorporated as an Addendum hereto. Section 15: Severability 15.1 If any provisions of this Agreement are found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions set forth herein. Authority of Resolution No: duly passed and adopted by the South Miami City Commission on July 23, 2002 ATTEST: Ronetta Taylor, City Clerk ATTEST: STATE OF FLORIDA ) COUNTY OF MIAMI DADE ) CITY OF SOUTH MIAMI Charles D. Scurr, City Manager CONSTRUCTION MANAGER: Lo SS. Acknowledgment of City of South Miami The foregoing instrument was acknowledged before me this day of 2002 by Charles D. Scurr, and Ronetta Taylor, City Manager and City Clerk respectively, of the CITY OF SOUTH MIAMI, on behalf of the CITY, who are personally known to me. Notary Public, State of Florida Print Name: Commission No.: My Commission Expires: City of South Miami SW 73rd Street Parking/Retail project Construction Management Services Agreement July 2002 Page 17 of 17 STATE OF FLORIDA SS. Acknowledgment of the Construction Manager COUNTY OF MIAMI DADE ) The foregoing instrument was acknowledged before me this day of ,2002, by of , on behalf of the Corporation. He /she is personally known to me or has produced (type of information), as identification. My Commission Expires: Notary Public, State of Florida Print Name: Commission No.: APPROVED AS TO FORM & CONTENT: Earl Gallop, Esq., City Attorney 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PROPERTY; ABANDONING A PORTION OF THE RIGHT -OF -WAY FOR S.W. 84TH TERRACE; PROVIDING FOR REVERTER OF TITLE TO ADJACENT PROPERTY OWNERS PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami hold title to public land in trust and have the power to discontinue the use of streets, and to abandon and vacate rights-of-way when it is in the public interest; and WHEREAS, the western 400 feet of the south one -half of the right -of -way of S.W. 84th Terrace was previously abandoned by Resolution no. 136 -97- 10106, approved on July 22, 1997, in connection with the approval of the Parkside Village PUD; and WHEREAS, the north one -half of the right -of -way of S.W. 84th Terrace is currently maintained solely for emergency vehicle access to the rear of the properties that abut the right -of -way on the north; and WHEREAS, the east portion of S.W. 84th Terrace is currently utilized as the sole access to the Parkside Village PUD and to the property owned by Mr. Shaw; and WHERAS, certain owners of property abutting the right -of -way on the north have requested the city to abandon the western portion of the right-of-way; and WHEREAS, the city administration recommends abandoning the right -of -way lying adjacent to lots 11 through 18, of block 2 o the Sea View Park Amended Plat Book 17, Page 80 as more particularly described below; and WHEREAS, all adjacent property owners have been notified in writing, by letter dated July 10, 2002, of the proposed abandonment of the right -of -way; and WHEREAS, all potentially affected utilities have been notified in writing, by letter dated July 10, 2002, of the proposed abandonment of the right -of -way; and WHEREAS, a public hearing on the proposed abandonment of the right -of -way has been scheduled for August 6, 2002, and a notice of the public hearing has been advertised in the Miami Herald local section on _Friday, July 26, 2002; and Additions shown by underlining and deletions shown by e.efst� g. Page l of 3 I WHEREAS, the Mayor and City Commission desire to abandon the described 2 right -of -way. 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 6 7 Section 1. The remaining right-of-way for S.W. 84th Terrace beginning at the 8 right -of -way at S.W. 58th Avenue to the west and running to a point ending at the east 9 side of lot 11, block 2, of the Sea View Park Amended plat, recorded in the public 10 records of Miami -Dade County at Plat Book 17, Page 80, is hereby vacated and 11 abandoned. The remaining portion of the right -of -way for S.W. 84th Terrace, which lies 12 adjacent to lots b through 10, block 2, of the Sea View Park Amended plat, is not 13 abandoned and shall continue to be used as access to properties located to the south of the 14 street. The "Whereas" clauses are incorporated into this ordinance. 15 16 Section 2. Title to the ,abandoned right -of -way lying adjacent to lots 11 through 17 18, of block 2 of the Sea View Park Amended Plat Book 17, Page 80, shall revert to those 18 lots. The lots are owned by, and more particularly described, as: 19 20 • Jose J. Basulto & Rita Basulto, 5790 S.W. 84th Street 21 Folio # 09- 4036 -033 -0280 22 Lot 18 & W V2 of lot 17 23 24 • JDKM Properties, LLC, 5861 S.W. 83rd Street 25 Folio # 09 -4036 -033 -0270 26 Lot 17 less W %2 of lot 17 27 28 • JDKM Properties, LLC, 5861 S.W. 83rd Street 29 Folio # 09- 4036- 033 -0260 30 Lot 16 31 32 • JDKM Properties, LLC, 5770 S.W. 83rd Street 33 Folio # 09 -4036- 033 -0250 34 Lots 14 & 15 35 36 e Peter F. McCoy and Diana M. McCoy, 5760 S.W. 84`h Street 37 Folio # 09- 4036- 033 -0240 38 Lots 11 to 13 39 40 Section 3. Upon the adoption of this ordinance, the City of South Miami 41 disclaims any and all interest in the abandoned property and disclaims any and all legal Additions shown by underlining and deletions shown by evefstriking. 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 37 38 responsibility relating to the right -of -way and drainage in the area, and further disclaims any and all legal liability relating thereto. Section 4. Notice of the vacation of the described right -of -way shall be published one time within 30 days of the adoption of this ordinance in the Miami Herald. A certified copy of this ordinance and proof the publications of notice of hearing and of the adoption of this ordinance shall be recorded in the public records of Miami -Dade County. The City Clerk shall provide a copy of these documents to the Miami -Dade County Tax Assessor. Section 5. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 7. This ordinance shall be codified and included in the Code of Ordinances. Section 8. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of August, 2002. ATTEST: CITY CLERK i st Reading'— 2 n d' Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: Additions shown by underlining and deletions shown by everildV. Page 3 of 3 .......................... 1 . 2 DRAFT 3 City of South Miami 4 Special City Commission Meeting 5 June 19, 2002 6 7 CALL TO ORDER: 8 9 The City Commission of_the City of South Miami, Florida met 10 in Special Session on Wednesday, June 19, 2002 beginning at 6 :05 11 p.m., in the City Commission Chambers, 6130 Sunset Drive. 12 13 A. Roll Call: 14 The' following members of the City Commission were present: 15 Mayor Julio Robaina, Vice Mayor Mary Scott Russell and 16 Commissioners David D. Bethel, Randy G. Wiscombe and Horace G. 17 Feliu. 18 19 Also in attendance were: City Manager Charles D. Scurr, 20 Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop 21 and City Clerk Ronetta. 22 23 B. Invocation: 24 Commissioner Feliu delivered the Invocation. 25 26 C. Pledge of Allegiance: 27 The Pledge of allegiance was recited in unison 28 29 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 3i 31 RESOLUTION (S) 32 33 RESOLUTION NO. 91 -02 -11440 34 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 35 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 36 TO NEGOTIATE A CONSTRUCTION MANAGEMENT SERVICES 37 AGREEMENT WITH NUMBER ONE RANKED FIRM OF CEN'TEX ROONEY, 38 CONSTRUCTION CO INC., FAILING THAT WITH THE SECOND 39 RANKED FIRM OF SUFFOLK CONSTRUCTION CO. INC., FAILING 40 THAT TO THE THIRD RANKED FIRM OF DOOLEY & MACK 41 CONSTRUCTORS INC. FOR CONSTRUCTION MANAGER @ RISK 42 SERVICES FOR THE SW 73' STREET PARKING AND RETAIL 43 PROJECT. 3/5 44 45 Moved by Vice Mayor Russell, seconded by Commissioner 46 Wiscombe to approve this item. 47 48 Mr. Basu explained that seven proposals were received. One 49 was disqualified because it was received late. Of the six, three 50 made the short list. Those three were interviewed and ranked. SPECIAL CITY COMMISSION 1 MINUTES - June 19, 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 53 54 The final contract would be brought back to the Commission at the July 23rd meeting for consideration. At the conclusion of this discussion the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea RESOLUTION NO. 92 -02 -11441 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARQUITECTONICA INTERNATIONAL CORP., RELATED TO DESIGN AND CONSTRUCTION OF 73P�D STREET GARAGE AND RETAIL PROJECT IN THE AMOUNT OF FOUR HUNDRED AND TWENTY SEVEN THOUSAND AND FOUR HUNDRED AND THIRTY ($427,430) AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 Moved by Commissioner Feliu, seconded by Vice Mayor Russell to approve this item. Mr. Bassi said that the City Commission has already approved the contract with Arquitectonica. The first phase of the work has now been completed. The first phase of the work included the design of the project, the budget for the project and the cost estimates. Based on that information their fee is a percentage of the cost estimate. Now that the City has the cost estimate, it can now establish the hard fee. At the conclusion of this discussion the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea RESOLUTION NO. 93- 02- 11442 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; CANVASSING THE ELECTION RETURNS OF THE SPECIAL ELECTION HELD ON JUNE 18, 2002; FOR THE PURPOSE OF AMENDING THE CHARTER TO LIMIT BUILDING HEIGHT AND DENSITY; DECLARING RESULTS OF SAID ELECTION; PROVIDING AN EFFECTIVE DATE 3/5 Moved by Mayor Robaina, seconded by Commissioner Wiscombe to approve this item. SPECIAL CITY COMMISSION MINUTES - June 19, 2002 2 1 Attorney Gallop explained that the role of the City 2 Commission tonight's is to receive and accept the certified 3 election returns. The information provided stated that Question 4 No. 1 received a majority vote of 416 votes. Question No. 2 5 received 407 votes. In tabulating these votes a request was made 6 to the Supervisor of Elections that the machines be audited to 7 determine if they operated properly. The City Clerk as well as 8 Mrs. Valerie Newman attended the auditing process. A printout of 9 the machines has been provided. There were 17 undervotes, which 10 were determined to be votes cast by voters and not by 11 pollworkers. Mr. David Leahy, Supervisor of Elections for Miami - 12 Dade County advised that the machines worked as intended and 13 there were no malfunctions. There does not seem to be any basis 14 for the Commission to not accept the certified returns of the 15 election. 16 17 At the conclusion of the discussion the motion passed by a 18 5 -0 vote. 19 20 Commissioner Wiscombe: Yea 21 Vice Mayor Russell: Yea 22 Commissioner Feliu: Yea 23 Commissioner Bethel: Yea 24 Mayor Robaina: Yea 25 26 Mr. Craig Sherar was afforded an opportunity for comments. 27 He opined there were three problems that have not been totally 28 addressed today: 1) no clear explanation on how the no votes 29 developed; 2) no clear explanation that the 'program that was run 30 yesterday that the people that undervoted actually voted not to 31 vote (no clear intent of the voter) there was no audit done of 32 the people that signed in on the voter registration list to be 33 compared against the number of votes that were cast at the 34 machine, and until that's done there is no way to reconcile the 35 people that came to vote with the actual vote that was supposedly 36 cast; and 3) there is an issue as to whether the ballot, which 37 was suppose to be published (because there were several 38 publications) was in fact the ballot that was on the machine as 39 required by state law. For those reasons, he asked that the 40 election not be certified at this time. 41 42 Clerk Taylor clarified that the notice of Special Election, 43 which has been advertised for five consecutive weeks was 44 different from the Sample Ballot, which was published in Sunday's 45 Neighbors. 46 47 Vice 'Mayor Russell asked about the process for auditing the 48 registration books. 49 50 Clerk Taylor said that once Miami -Dade County finishes with 51 its process, the Clerk's office would receive those records. 52 53 Vice Mayor Russell asked that Mr. Sherar be provided with 54 this information. 55 SPECIAL CITY COMMISSION 3 MINUTES - June 19, 2002 1 Mayor Robaina said that it was very clear to him by the 2 number of people that voted for Question No. 1 that this is a 3 very responsible Commission that do the right thing for its 4 residents. He said he also learned a big lesson, which was that 5 a lot of people sent a message that this issue needs to be 6 revisited. He conveyed his commitment to working with the 7 community to revisit the issue. 8 9 Commissioner Feliu said that it is time now to reach out to 10 the community to work together as one. We all have this 11 community at heart. He encouraged residents to contact him with 12 any concerns they might have. 13 14 4. Adjournment 15 16 There, being no other business to come before this Body the 17 meeting adjourned at 6:30 p.m. 18 19 Approved 20 21 Attest 22 23 Mayor 24 25 26 City Clerk 27 28 SPECIAL CITY COMMISSION 4 MINUTES - June 19, 2002 DRAFT 1 City of South Miami 2 Regular City Commission Minutes 3 June 11, 2002 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, June 11, 2002 beginning at 8:35 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Julio Robaina, Vice Mayor Mary Scott Russell and 14 Commissioners Randy G. Wiscombe and Horace G. Feliu. 15 Commissioner David D. Bethel was not present due to illness. 16 17 Also in attendance were: City Manager Charles D. Scurr, 18 Assistant City Manager Subrata Basu, and City Attorney Earl G. 19 Gallop, City Clerk Ronetta Taylor and Attorney Mike Spizack. 20 21 B Invocation: 22 Commissioner Feliu delivered the Invocation. 23 24 C. Pledge of Allegiance: 25 The Pledge of Allegiance was recited in unison. 26 27 D. Presentation(s) (7 :15 p.m.) 28 29 CERT Recognition 30 Reverend Walker, liaison to the City's CRB Board presented 31 Certificates of Special Recognition to those individuals and 32 organizations contributing to and participating in the CERT 33 Program. 34 35 Junior Commission For Women Recognition 36 Vice Mayor Russell presented Certificates of Special 37 Recognition to the graduating members of the Junior Commission 38 For Women. 39 40 Employee of the Month 41 Lorenzo Woodley and Maria Virguez were named Employee of the 42 Month for the month of March 2002 43 44 Officer of the Month 45 Officers Sharon Sawyer and Carols Alvarez were named Officer 46 of the Month for the month of March 2002. 47 REGULAR CITY COMMISSION 1 MINUTES - June 1.1, 2002 1 The South Miami High wrestling Coaches Humberto Miret and 2 Alberto Pardo presented Mayor Robaina, Ana Garcia, Parks & 3 Recreation Director and Martha Cortez, Director Secretary to the 4 Parks & Recreation Department with Special Recognition for their 5 support. 6 7 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: s 9 1. Approval of Minutes - June 4, 2002 10 Moved by Commissioner Feliu, seconded by Commissioner 11 Wiscombe to approve the minutes as presented. 12 13 There, being no discussion the motion passed by a 4 -0 vote. 14 15 Commissioner Wiscombe: Yea 16 Vice Mayor Russell: Yea 17 Commissioner Feliu: Yea 18 Commissioner Bethel: Not present 19 Mayor Robaina: Yea 20 21 2. City Manager's Report 22 23 Manager Scurr reported on the following: 24 a. Award of the contract for Phase 1B of Potable Water. This 25 was a competitive bid contract. Six bids were received. This 26 item is on tonight's Consent Agenda for the Commission's 27 consideration. One hundred percent of this project is being 28 paid for with state funds. 29 30 b. Parks & Rec. Director Ana Garcia - Fourth of July Event 31 Ms.. Garcia announced that this year's Annual Fourth of July 32 event would be the greatest event ever. The City's 75th Birthday 33 will also be celebrated during this event. The event will start 34 with an antique car parade. There will be lots of rides, food, 35 music and fireworks. 36 37 c. Assistant Chief Michael Mills - Hurricane Preparedness 38 Assistant Chief Mills provided a report on preparations the 39 City of South Miami is taking to prepare for the hurricane 40 season. It is important to remember that Hurricane Andrew was a 41 category 4 hurricane that cost 30 billion dollars in damage. 42 The hurricane left 150 thousand people homeless and 140 homes 43 lost or destroyed and left 1.4 million people without power. He 44 said there are a lot of people that were not here ten years ago 45 to experience Hurricane Andrew, which is presenting a problem 46 for Emergency Management. An Emergency Preparedness Plan will 47 be provided to members of the City Commission. 48 49 Commissioner Wiscombe suggested providing this information 50 in the Inside South Miami paper. He further suggested having a REGULAR CITY COMMISSION 2 MINUTES - June 11, 2002 1 representative from Home Depot come in and be a part of a round 2 table discussion to smooth the progress and provide information 3 on hurricane preparedness. 4 5 Commissioner Feliu shared that the City has a structural 6 engineer 'that has done films on hurricane preparedness for 7 Miami -Dade County and suggested inviting this individual to sit 8 in on the round table discussion as well. 9 10 Manager Scurr reported on the following: 11 12 a) Referendum Issue. The City has almost finalized the copy on 13 the Newsletter. Printing will take place on Thursday with 14 distribution to take place on Friday. Channel 5 programming is 15 ready to be aired. As soon as Judge Dean has reached a decision, 16 the City will proceed accordingly. 17 b) Construction Projects. All projects are moving forward on 18 all fronts. 19 c) Murray Park Phase Two. This project is moving forward. 20 Several residents are being hired by subcontractors to work on 21 the construction site. 22 d) 64th Street Traffic Calming. This project - is beginning to 23 take shape and will be a real improvement to the neighborhood. 24 e) 41St Parking Area. Construction is nearing completion. 25 This is going to be a real benefit to this area. 26 f) New Urbanism Conference. At this point there will be 27 approximately 6 people from the City going to this conference. 28 With donations received from the community, scholarships were 29 made available for four residents. 30 g) Martin Luther King, Non - Violence Training. Chief Watson and 31 Reverend Walker are working on this project. There will be two 32 sessions scheduled. 33 h) Miami -Dade County turning over the decision - making and 34 control of various local traffic and streets measures to 35 municipalities. This issue was sponsored by Commissioner Feliu 36 and was forward to Miami -Dade County for consideration. Since 37 forwarding the resolution to Miami -Dade County, the City has had 38 numerous meeting with county representatives. Miami -Dade County 39 has agreed conceptually every step of the way. The City also 40 received from Manager Shiver a notice of a second hearing on an 41 ordinance dealing with this matter. This ordinance would 42 delegate to municipalities: 1) regulatory signs; 2) installation 43 of 30 mph speed limit signs 3) lane use control signs for 44 existing conditions; and 4) all other traffic regulatory signs. 45 This is with the exception of: 1) stop signs; 2) yield signs; 3) 46 do not enter signs; 4) U turns prohibition signs; and 5) wrong 47 way prohibition. 48 49 Commissioner Feliu said that the ordinance did not address 50 any of the issues the City requested, which would allow REGULAR CITY COMMISSION 3 MINUTES - June 11 2002 1 administration to move quickly on traffic, intrusion caused by 2 Miami -Dade County's urban sprawl. 3 4 Vice Mayor Russell asked that a copy of Miami -Dade County's 5 ordinance be provided to the City Commission. She further 6 suggested contacting the City of Coral Gables and the Village of 7 Pinecrest in regard to this recent development. 8 9 Commissioner Feliu said that he is making it a point to be 10 at the Miami -Dade County Commission meeting to speak against this 11 particular version of the ordinance. He voiced his sadness at the 12 response made by Miami -Dade County at what he thought was a 13 cooperative and mutual agreement that would have benefited 14 everybody. 15 (i) Upcoming Meetings. A special City Commission meeting is 16 still scheduled for June 19th. The next regular scheduled 17 Commission meetings will be held on July 23rd and July 30th. The 18 lighting of the fountain at Fuchs Park is scheduled for Monday, 19 June 17th at 7:30 p.m. 20 21 Items For the City Manager 22 23 Vice Mayor Russell conveyed special acknowledgement to 24 Jennifer McCoy, the City's new Public Information Officer for 25 doing an exceptional job with limited resources. She further 26 referenced a Miami Herald June 7th article about Interval 27 International and its continued success. 28 29 Mayor Robaina referenced a new meter - parking device and 30 asked that administration take a look at this particular 31 product, as it could be most beneficial to the new parking 32 garage. He announced that the City had received a $100,000.00 33 grant for Brewer Park. In addition, :$150,000.00 will be going 34 into improvements at Dante Fascell Park. He referenced the film 35 industry and asked Manager Scurr to look into the possibility of 36 placing an ad in one of the biggest publication in the film 37 industry. The advertisement would cost between $300.00- $400.00. 38 This would promote South Miami as a film friendly community. He 39 then referenced the boarding house ordinance that was tabled 40 some weeks prior. He said that he wanted to bring this item 41 back for consideration by the Commission because- there are 42 people who are having their single - family property values 43 brought down by the illegal subdividing of residential homes for 44 multifamily dwellings. This isn't about people having someone 45 living with them in their home. This is about people buying 46 property for investment purposes and having that property 47 subdivided into rooming houses. 48 49 Manager Scurr said the dilemma is that the City has one team 50 that works on these items. That same team has been working on REGULAR CITY COMMISSION 4 MINUTES - June 11, 2002 1 the annexation and the referendum issue. Hopefully those 2 projects will have concluded or be nearing conclusion so that 3 the team can again concentrate on this particular issue. 4 5 3. City Attorney's Report 6 7 Attorney Gallop reported on the following items: 8 a. Right -of -way vacation (SHAW PUD). This item would be 9 provided for the Commission's consideration at the July 23, 2002 10 City Commission meeting. 11 b. Hammock House. Everything required for the closing on the 12 property has been done except the appraisals. The City is about 13 thirty (30) days from being ready to close on the property. 14 C. Newman etal v. City of South Miami et al. The hearing held 15 earlier today involved plaintiff's request for a Temporary 16 Injunction to either postpone the Special Election scheduled for 17 June 18th or to remove the City's alternative from the ballot. As 18 a result of the South Miami Homeowner Association's initiative 19 and the City's alternative ballot questions Miami -Dade County 20 has formulated the ballot, absentee ballots have been sent out 21 and the City had incurred a cost of appropriate $8,000.00 in 22 preparing for the election next Tuesday. The ballot question 23 has also been advertised for four weeks. The Plaintiff basically 24 asked the courts to strike the City's alternative question. 25 This was done on the basis that the plaintiffs alleged that the 26 City alternative question was really not necessary that a simple 27 yes or no vote on their question was all that would suffice. 28 29 The case was assigned to Judge Amy Dean, who scheduled a 30 special sub - hearing today at 10:30 a.m. At the beginning of the 31 case the plaintiffs were very well represented. They made the 32 case that the alternative question was confusing. At the 33 conclusion of the argument the Judge asked counsel to give her a 34 proposed order. 35 36 Attorney Gallop said that if the City did not prevail in 37 this matter his office is prepared to go to the Appeals Court 38 and have this matter resolved by Friday afternoon one way or the 39 other. 40 d. Stroyne Brothers Contract. This involves a request by Mr. 41 Frank Pintado to terminate the contract with Stroyne Brothers. 42 Since neither Mr. Pintado nor his attorney was present this 43 matter was not discussed. Attorney Gallop said that he'd like 44 to have one more meeting with all parties involved to bring this 45 matter to a conclusion. 46 47 After there were no further questions or comments for the 48 City Attorney this report concluded. 49 REGULAR CITY COMMISSION 5 MINUTES - June 11, 2002 1 PUBLIC REMARKS 2 (5- minute limit) 3 4 Mr. Jorge Rivera of 6531 SW 62 d Court appeared before the 5 City Commission to speak on the proposed project by the Miller 6 brothers. He asked that the homeowners in this area be given the 7 same type of respect and courtesy shown to other residents where 8 sensitive issues were under consideration by the Commission. 9 10 Mr. William D. Tucker, Sr., of 6556 SW 78th Terrace appeared 11 before the City Commission to speak on significance of the July 12 4 t Observance. 13 14 Dr. Charles Yurgalevitch of 17 Santander Avenue in Coral 15 Gables, Florida appeared before the City Commission to share that 16 he was an employee of the University of Florida and the Miami 17 Dade County Property of Extension Service. He related that his 18 job is to teach environmentally, favorable landscaping practices 19 to various members of the landscape industry in Miami -Dade 20 County. He related that one of the programs sponsored by his 21 organization teaches proper tree trimming to municipalities and 22 the entire public. A brochure will be provided. Tree Trimming. 23 Specialists certification training is also provided. 24 25 Commissioner Feliu shared that he'd asked Dr. Yurgalevitch 26 to attend tonight's meeting to provide the City and the general 27 public with this most valuable information. This information is 28 most beneficial during the hurricane season. He urged everyone 29 to utilize this worthwhile resource. 30 31 Mr. Dick Ward, the City's liaison to the Miami -Dade County 32 School Board appeared before the City Commission to report on two 33 items before the Miami -Dade County School Board: 1) Junior 34 Commission For Women have gone to South Miami Middle School and 35 recruited members from that school; 2) The new Region V 36 Superintendent for the Miami -Dade County School System will be 37 attending the August 6, 2002 City Commission. The new principals 38 for South Miami Elementary and South Miami High Schools will also 39 be in attendance. The City will have a chance to meet three very 40 important Educators from Region V. He then referenced the 41 monthly expense report and asked if the expense report could 42 include a total summary of both the revenue and expenses. 43 44 Mr. Bob Welsh of 7437 SW 64th Court appeared before the City 45 Commission and referenced the upcoming referendum. He asked if a 46 ballot initiative is defined as an action of a government or an 47 action of the people and commented that since Attorney Gallop 48 wasn't present he'd presume that it is an action of the people. 49 He shared that he'd also presumed that an election is an action 50 of the people. He opined that if the Homeowner's initiative REGULAR CITY COMMISSION 6 MINUTES — June 11, 2002 1 passed the City of South Miami will not be liable to the 2 effective property owners. 3 4 Mr. Cal Rosenbaum, the property owner of 6101 Sunset Drive 5 appeared before the City Commission to convey his dissatisfaction 6 with code enforcement in the industrial area (Commerce Lane and 7 Progress Road) . The mechanic shops in this area were still 8 parking junk cars and fixing cars on the street. 9 10 Mayor Robaina shared that he's witnessed the junk cars being 11 left out on the street after the close of business 12 13 Commissioner Wi combe suggested during another walkthrough 14 with the Code Enforcement division. 15 16 Ms. Beth Schwartz of 6931 SW 62nd Court appeared before the 17 City Commission to expound on comments made by Mr. Rosenbaum and 18 Mr. Rivera. She suggested holding a Charrette in the Cocoplum 19 Terrace and 62nd Avenue area. 20 21 Mr. Adrian Ellis of 6521 SW 58th Avenue appeared before the 22 City Commission and addressed his comments toward pending matters 23 and issues associated with the CRA Board. In particular an issue 24 involving Mr. George Johnson's request for a rehab grant. 25 26 CONSENT AGENDA 27 RESOLUTION NO. 81 -02 -11430 28 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING 30 THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND 31 COMPANY, INC. FOR WATER MAIN IMPROVEMENT - PHASE 1B 32 CONSTRUCTION AT AN AMOUNT OF $261,281.00 TO BE CHARGED 33 TO GRANT FUND ACCOUNT NO. 001- 0000 -132- 2055; PROVIDING 34 AN EFFECTIVE DATE. 3/5 35 36 RESOLUTION NO. 82 -02 -11431 37 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 39 MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA 40 CARBALLO THOMPSON SALMAN, P.A. (C3TS) FOR PROFESSIONAL 41 ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING 42 INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION 43 PHASE 1B, IN AN AMOUNT OF EIGHTEEN THOUSAND FOUR 44 HUNDRED FIFTY DOLLARS, ($18,450.00) TO BE CHARGED TO 45 GRANT FUND ACCOUNT NO. 001- 0000- 132 - 2055; PROVIDING AN 46 EFFECTIVE DATE. 3/5 47 48 RESOLUTION NO. 83 -02 -11432 REGULAR CITY COMMISSION 7 MINUTES - June 11, 2002 1 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 3 COMMITTEES; APPOINTING DOREEN D. SCANLON TO SERVE FOR A 4 THREE YEAR TERM ENDING JUNE 11, 2005, TO THE COMMISSION 5 FOR SENIOR CITIZENS; PROVIDING AN EFFECTIVE DATE 3/5 6 7 Moved by Mayor Robaina, seconded by Vice Mayor Russell and 8 Commissioner Wiscombe to approve the Consent Agenda. 9 10 There, being no discussion the motion passed by a 4 -0 vote. 11 12 Commissioner Wiscombe: Yea 13 Vice Mayor Russell: Yea 14 Commissioner Feliu: Yea 15 Commissioner Bethel: Not present 16 Mayor Robaina: Yea 17 18 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 19 There were none 20 21 RESOLUTION (S) /PUBLIC HEARING (S) 22 23 RESOLUTION NO. 84 -02 -11433 24 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH 'MIAMI, RELATING TO A REQUEST PURSUANT TO 26 SECTION 20= 3.4(A) OF THE LAND DEVELOPMENT CODE FOR 27 SPECIAL USE APPROVAL TO OPERATE AN AUTOMOTIVE REPAIR 28 FACILITY IN THE "TODD (LI -4) ", TRANSIT ORIENTED 29 DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL -4) ZONING 30 DISTRICT, SPECIFICALLY LOCATED 5869 PROGRESS ROAD; 31 PROVIDING FOR AN EFFECTIVE DATE'. 4/5 32 33 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 34 approve this item. 35 36 Mr. Richard Lorber the City's Planning Director explained 37 that when the TODD was adopted in 1997, auto related uses was 38 left out of the Permitted Uses. Last year the City Commission 39 adopted an ordinance- adding auto related uses as Special Uses. 40 This site is appropriate for auto repair. Eleven permitted 41 parking spaces are provided (five in the front and six in the 42 rear of the property). The Planning Board recommended approval of 43 this application unanimously. Administration recommends approval 44 with the following conditions: 1) Automobile repair work shall 45 only be allowed inside the building; 2) automobile remaining on 46 the property overnight shall be stored inside the building; 3) 47 wreckers and tow trucks delivering vehicles to subject property 48 shall not block the traffic into Progress Road; 4) if there is a 49 problem on the subject property in regard to complaints, the REGULAR CITY COMMISSION 8 MINUTES - June 11, 2002 1 applicant can be asked to come back and address those concerns in 2 this same forum. 3 4 Commissioner Feliu commented that he especially liked the 5 provision of storing vehicles inside the building. He asked if 6 this is being required of the other shops in the area. 7 8 Mr. Lorber said this provision could be added as other 9 Special Use applications come forward. 10 11 Commissioner Wiscombe said that he'd like to have this 12 provision a mandatory requirement of all the automotive repair 13 shops in this area. 14 15 Mr. Lorber said that he would check into this matter. 16 17 Commissioner Wiscombe asked. that staff provide a report to 18 him during the following week regarding this issue. 19 20 Attorney Spizack swore in all participating in the Quasi - 21 judicial proceeding. 22 23 Mayor:Robaina opened the floor for the public hearing. 24 25 Mr. Cal Rosenbaum appeared before the City Commission to 26 speak in favor of this application.. 27 28 Mr. Michael Chowers appeared before the City Commission to 29 speak in favor of this application. 30 31 After there were no other interested parties to speak on 32 behalf of this item, the public hearing was closed. 33 34 At the conclusion of this discussion the motion passed by a 35 4 -0 vote. 36 37 Commissioner Wiscombe: Yea 38 Vice Mayor Russell: Yea 39 Commissioner Feliux Yea 40 Commissioner Bethel Not present 41 Mayor Robaina: Yea 42 43 RESOLUTION (S) 44 45 RESOLUTION NO. 85 -02- 11434 46 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 47 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 48 MANAGER TO EXECUTE A STANDBY CONTRACT WITH ASHBRITT, 49 INC FOR DEBRIS REMOVAL AND PROVISION OR OTHER DISASTER 50 RELATED SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 9 MINUTES - June 11, 2002 1 2 Moved by Commissioner Feliu, seconded by Vice Mayor Russell 3 and Commissioner Wiscombe to approve this item. 4 5 Assistant Chief Mills explained that with approval of this 6 item, the City would have a contract in place prior to the storm 7 season to assist with debris removal. 8 9 Manager Scurr said that this is a reimbursable contract from 10 FEMA. This is also a non - exclusive contract. 11 12 At the conclusion of this discussion the motion passed by a 13 4 -0 vote. 14 15 Commissioner Wiscombe: Yea 16 Vice Mayor Russell: Yea 17 Commissioner Feliu: Yea 18 Commissioner Bethel! Not present 19 Mayor Robaina: Yea 20 21 RESOLUTION NO. 86 -02 -11435 22 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, INVITING THE WORLD ORCHID 24 CONFERENCE AND ITS BOARD, OFFICERS, AND MEMBERS TO HOLD 25 ITS WORLD ORCHID CONFERENCE IN SOUTH FLORIDA IN 2008; 26 PROVIDING AN EFFECTIVE DATE. 3/5 27 (Vice Mayor Russell) 28 29 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 30 approve this item. 31 32 Vice Mayor Russell explained that Item Nos. 9, 10, 11 and 12 33 were all sponsored by her and comes to the City through the 34 League of Cities. The adoption of the resolution acknowledges 35 the City's support. The documents if approved would be forwarded 36 back to the Dade League of Cities. Mayor Evelyn Greer of the 37 Village of Pinecrest made this particular request of the Dade 38 League. 39 40 At the conclusion of this discussion the motion passed by a 41 4 -0 vote. 42 43 Commissioner Wiscombe: Yea 44 Vice Mayor Russell: Yea 45 Commissioner Feliu: Yea 46 Commissioner Bethel: Not present 47 Mayor Robaina: Yea 48 49 RESOLUTION NO. 87 -02- 11436 REGULAR CITY COMMISSION 1 0 MINUTES - June 11, 2002 1 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 2 CITY OF SOUTH MIAMI, FLORIDA, ENDORSING MIAMI -DADE 3 COUNTY RESOLUTION ESTABLISHING A TASK FORCE WHICH WILL 4 ADDRESS A COMPREHENSIVE INCORPORATION AND ANNEXATION 5 POLICY AND PROCEDURE, WHICH WILL BE POTENTIALLY 6 IMPLEMENTED BY THE YEAR ,2008; PROVIDING AN EFFECTIVE 7 DATE. 3/5 8 (Vice Mayor Russell) 9 10 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 11 approve this item. 12 13 Vice Mayor Russell shared that Miami -Dade County 14 Commissioner Jimmy Morales brought this item to the League for 15 municipal support. 16 17 Mayor Robaina asked if this would simplify the incorporation 18 and annexation process. 19 20 Vice Mayor Russell said this would allow municipalities in 21 the decision - making process rather than Miami -Dade County doing 22 it. 23 24 Commissioner Wiscombe asked if this would also limit the 25 bureaucracy and assessment of multiple service fees by Miami -Dade 26 County to those residents wishing to incorporate 27 28 Vice Mayor Russell said this is proposing a uniform process 29 for those residents who elect to stay out of the incorporation 30 process. 31 32 At the conclusion of this discussion the motion passed by a 33 4 -0 vote 34 Commissioner Wiscombe: Yea 35 Vice Mayor Russell: Yea 36 Commissioner Feliu: Yea 37 Commissioner Bethel: Not present 38 Mayor Robaina: Yea 39 40 RESOLUTION NO. 88- 02- 11437 41 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 42 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE CANDIDACY 43 OF MAYOR PRO TEM CLAY FORD OF THE CITY OF GULF BREEZE 44 FOR THE OFFICE OF -SECOND VICE PRESIDENT OF THE FLORIDA 45 LEAGUE OF CITIES, INC.; PROVIDING AN EFFECTIVE DATE. 46 3/5 47 (Vice Mayor Russell) W. REGULAR CITY COMMISSION 1 1 MINUTES - June 11, 2002 1 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 2 approve this item. 3 4 Vice Mayor Russell explained that each year the League 5 selects a candidate for this position. 6 7 Commissioner Wiscombe asked if there was somebody else 8 running against this candidate. 9 10 Vice Mayor Russell acknowledged that there was another 11 candidate running against this candidate. 12 13 Commissioner Wiscombe said that he wasn't sure what the 14 Commission's role was in endorsing the candidacy of one 15 individual over another. - 16 17 Vice Mayor Russell said this is the candidate that the 18 League is endorsing. However if the Commission felt uncomfortable 19 in supporting this endorsement she would understand. Since this 20 candidate is from the southern part of Florida, the League felt 21 that this is the best candidate to address issues relating to 22 this area. 23 24 Commissioner Wiscombe acknowledged Vice Mayor Russell's 25 explanation and said that he did not have a problem with the 26 endorsement 27 28 At the conclusion of this discussion the motion passed by a 29 4 -0 vote. 30 31 Commissioner Wiscombe Yea 32 Vice Mayor Russell: Yea 33 Commissioner Feliu: Yea 34 Commissioner Bethel: Not present 35 Mayor Robaina: Yea 36 37 RESOLUTION NO. 89 -02 -11438 38 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 39 CITY OF SOUTH MIAMI, FLORIDA ENDORSING THE CONCEPT OF 40 REGIONAL TRAUMA COORDINATION; PROVIDING AN EFFECTIVE 41 DATE. 3/5 42 (Vice Mayor Russell) 43 44 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 45 approve this item. 46 47 Vice Mayor Russell explained this issue is in a conceptual 48 form only at this point. The idea is to keep track of how number 49 of trauma situations in this region. Currently, the only trauma - 50 equipped hospital is Jackson Memorial Hospital. REGULAR CITY COMMISSION 12 MINUTES - June 11, 2002 1 2 At the conclusion of this discussion, the motion passed by a 3 4 -0 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: Yea 7 Commissioner Feliu: Yea 8 Commissioner Bethel: Not present 9 Mayor Robaina: Yea - 10 11 RESOLUTION NO. 90 -02- 11439 12 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; 14 APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH 15 MIAMI'S SPECIAL ELECTION BEING HELD TUESDAY, JUNE 18, 16 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED 17 $3,000.00 WILL BE CHARGED TO ACCOUNT NO. 01 -1200 -512- 18 4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE 19 20 Moved by Commissioner Feliu, seconded by Vice Mayor Russell 21 to approve this item. 22 23 Clerk Taylor explained that this expense would cover the 24 poll workers' salary for the upcoming Special election. 25 26 At the conclusion of the discussion the motion passed by a 27 4 -0 vote. 28 29 Commissioner Wiscombe: Yea 30 Vice Mayor Russell: Yea 31 Commissioner Feliu: Yea 32 Commissioner Bethel: Not present 33 Mayor Robaina: Yea 34 35 ORDINANCE (S) FIRST READING /PUBLIC HEARING 36 37 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO 39 AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, 40 BY REVISING SECTION 20- 3.3(D) ENTITLED "PERMITTED 41 USE SCHEDULE" IN ORDER TO ALLOW AN AUTOMOBILE RENTAL 42 AGENCY AS A PERMITTED USE IN THE "GR" GENERAL RETAIL 43 DISTRICT; AND BY REVISING SECTION 20 -3.4 (B) ENTITLED 44 "SPECIAL USE CONDITIONS" IN ORDER TO ESTABLISH 45 SPECIAL REQUIREMENTS FOR AN AUTOMOBILE RENTAL CAR 46 AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR 47 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 48 DATE. 4/5 49 REGULAR CITY COMMISSION 13 MINUTES - June 11, 2002 1 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 2 approve this item on first.reading. 3 4 Mr. Lorber explained that this amendment would add a 5 Permitted Use to "GR" (General Retail Zoning) District of the 6 Land Development Code. The applicant, Enterprise Leasing 7 Company, Inc., would like to operate a rental car agency in the 8 "GR" District. This amendment would allow rental car agencies 9 as a permitted use in the "GR" District. Administration thinks 10 that this is an appropriate type of business for this location. 11 As a Special Use, the Planning Board and City Commission would 12 review each application for a rental car agency on a case-by- 13 case basis. The Planning Board recommended approval of this 14 with the following conditions: a) no ingress and egress to the 15 automobile rental agency subject permitted to abutting 16 residentially zoned parcels; b) no structure shall be located 17 less than 100 feet from any adjacent to any residential 18 districts; c) adjacent to residential district a masonry or 19 concrete wall between 6 and 8 feet in height shall be 20 constructed around dividing property lines; d) the required 21 parking spaces are to be designated for customers and employees 22 only and are not to be used for the storage of vehicles; and e) 23 maintenance and mechanical repair and washing of cars on the 24 site is prohibited. Administration recommended approval with 25 the conditions (a, c, d and e). 26 27 Commissioner Wiscombe said that he did not agree with the 28 construction of a wall but rather- preferred a hedge or green 29 space. This particular site faces the back of an apartment 30 building. A concrete wall would invite graffiti. 31 32 Mr. Lorber suggested changing Item C to " A landscape buffer 33 approved by the ERPB." 34 35 Attorney Chad Willard of 999 Ponce De Leon Blvd, Coral 36 Gables, Florida appeared before the City Commission on behalf of 37 Enterprise Leasing Company. He concurred with Commissioner 38 Wiscombe's recommendation of a landscape buffer instead of a 39 concrete or masonry wall. At the time of the Zoning application 40 a site plan will be presented, which will include landscaping 41 and the proposed improvements to the site and the building. 42 43 Mayor Robaina opened the floor for the public hearing. 44 45 Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared 46 before the City Commission to comment on this matter. He voiced 47 his support for a landscape buffer instead of a concrete wall. 48 49 Mr. George Rudd of 7901 SW 64th Avenue appeared before the 50 City Commission to comment on this matter. He agreed that a REGULAR CITY COMMISSION 1 4 MINUTES - June 11, 2002 1 landscape buffer (hedge) was a lot better than looking at a 2 concrete wall. He voiced concern with the noise that emanate 3 from the vacuuming of cars. 4 5 Mr. Steve Bauer, Regional Vice President of Enterprise Rent- 6 A -Car appeared before the City Commission and related that the 7 vacuums used by his company are much quieter than the 8 traditional 5HP. The hours of operations are from 7:30 a.m. to 9 6 :00 p.m. Monday through Friday. Saturday hours of operations 10 are from 9:00 a.m. to 2:00 p.m. The company is closed on 11 Sundays. 12 13 Ms. Bethel Schwartz appeared before the City Commission to 14 express her concern about noise that would emanate from this 15 business during the morning hours. She suggested designating a 16 vacuuming area on the side of the property instead of in the 17 rear of the property. She supported a concrete wall as well as 18 a landscape buffer, which would provide privacy and security. 19 20 Mr. Cal Rosenbaum appeared before the City Commission to 21 voice his support of having this amendment to the Land 22 Development Code as a Special Use instead of a Permitted Use. 23 He further supported a concrete wall and a landscape buffer on 24 both sides of the wall. 2.5 26 Mr. John Portuondo, the owner of the apartment building 27 located at 7901 SW 64th Avenue appeared before the City 28 Commission and related that his concerns have been addressed. 29 He related that he did not see a need for the construction of a 30 concrete wall. 31 32 After there were no other interested parties to speak on 33 behalf of this item, the public hearing was closed. 34 35 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 36 amend the'ordinance by changing the use from ` "Permitted Use" to 37 "Special Use" and adding language to page 2, line 19 of the 38 ordinance under Special Use Conditions to read "appropriate 39 buffering." 40 41 There, being no further discussion on the amendment the 42 motion passed by a 4 -0 vote. 43 44 Commissioner Wiscombe: Yea 45 Vice Mayor Russell: Yea 46 Commissioner Feliu: Yea 47 Commissioner Bethel: Not present 48 Mayor Robaina: Yea 49 50 There, being no further discussion on the ordinance as a REGULAR CITY COMMISSION 15 MINUTES - June 11, 2002 1 whole, the motion passed by a 4 -0 vote. 2 3 Commissioner Wiscombe: Yea 4 Vice Mayor Russell: Yea 5 Commissioner Feliu: Yea 6 Commissioner Bethel: Not present 7 Mayor Robaina: Yea 8 9 ORDINANCE (S) FIRST READING 10 There were none 11 12 COMMISSION REMARKS 13 14 Each Commission member was afforded an opportunity for 15 comments. 16 17 There, being no further business to come before this Body, 18 the meeting adjourned at 11:17 p.m. 19 20 21 Approved 22 23 24 Attest 25 26 Julio Robaina 27 Mayor 28 29 Ronetta Taylor, CMC 30 City Clerk 31 REGULAR CITY COMMISSION. 16 MINUTES - June 11, 2002