07-16-01 SpecialMAYOR:
VICE MAYOR:
COMMISSIONER:
COMMISSIONER:
COMMISSIONER:
Julio Robaina
Horace G. Feliu
Mary Scott Russell
David D. Bethel
Randy G. Wiscombe
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
Charles D. Scurr
Earl G. Gallop
Ronetta Taylor
SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: July 16, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: July 24, 2001 Phone: (305) 663 -6340
Time: 9:00 a.m.
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:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMIT FEES;
ELECTING NOT TO REQUIRE AND COLLECT PERMIT FEES FROM
PROVIDERS OF COMMUNICATIONS SERVICES AND ELECTING TO
INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING
FOR NOTICE TO THE FLORIDA DEPARTMENT OF REVENUE;
PROVIDING FOR SEVERABILITY`AND AN EFFECTIVE DATE. 3/5
SPECIAL CITY COMMISSION 1
AGENDA - July 1'6, 2001
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TAXES;
INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX RATE;
PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE,
PROVIDING AN EFFECTIVE DATE. 3/5
3. Adjournment
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.
SPECIAL CITY COMMISSION 2
AGENDA - July 16, 2001
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 PERMIT FEES; ELECTING NOT TO REQUIRE AND COLLECT
7 PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS
8 SERVICES AND ELECTING TO INCREASE LOCAL
9 COMMUNICATIONS SERVICES TAX; PROVIDING FOR
10 NOTICE TO THE FLORIDA DEPARTMENT OF REVENUE;
11 PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, section 337.401(3)(c)l., Florida Statutes (2000), requires each
15 municipality to make an election regarding the payment of permit fees by
16 providers of communications services and further requires each municipality to
17 inform the Department of Revenue of the election by certified mail by July 1,
18 2001; and,
19
20 WHEREAS, a municipality may require and collect permit fees from any
21 providers of communications services that use or occupy municipal roads or
22 rights-of-way for the provision of communications services. However, to ensure
23 competitive neutrality among_ providers of communications services, a
24 municipality that elects to exercise its authority to require and collect permit fees
25 will have an automatic reduction in the rate of the local communications services
26 tax for the municipality, as computed under section 202.20(1) and (2), Florida
27 Statutes (2000), as amended, by a rate of 0.12% and,
28
29 WHEREAS, alternatively a municipality may elect not to require and
30 collect, permit fees from any provider of communications services that uses or
31 occupies municipal roads or rights -of -way for the provision of communications
32 services. If the municipality elects not to require and collect permit fees, the total
33 rate for the local communications services tax as computed under section
34 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality
35 maybe increased by ordinance by an amount not to exceed a rate of 0.12 %; and,
36
37 WHEREAS, section 34, Enrolled CS /CS /SB 1878 by the 2001 Florida
38 Legislature further amends section 337.401(3)(c)l., Florida Statutes (2000), to
39 state that the Department of Revenue must be informed of a municipality's
40 election by certified mail postmarked on or before July 16, 2001; and,
41
Additions shown by underlining and deletions shown by ever-stTiking, a** I
I WHEREAS, section 34, Enrolled CS /CS /SB 1878 by the 20001 Florida
2 Legislature further provides that if a municipality elects not to require and collect
3 permit fees from any provider of communications services that uses or occupies
4 municipal roads or rights -of -way for the provision of communications services,
5 the total rate for the local communications services tax as computed under section
6 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may
7 be increased by ordinance or resolution by an amount not to exceed a rate of
8 0.12 %. The bill further provides if a municipality elects to increase its rate
9 effective October 1, 2001, the municipality shall inform the Department of
10 Revenue of such increased rate by certified mail postmarked on or before July 16,
11 2001; and,
12
13 WHEREAS, section 337.401(3)(c)l., Florida Statutes (2000), further
14 provides that if a municipality does not make an election and notify the
15 Department of Revenue, it is presumed that the municipality elects not to require
16 and collect permit fees from any provider of communications services that uses or
17 occupies municipal roads or rights -of -way for the provision of communications
18 services, and such municipality will be authorized to increase its tax rate by an
19 amount not to exceed a rate of 0.12 %; and,
20
21 WHEREAS, whatever election the municipality makes, such election shall
22 take effect on October 1, 2001.
23
24 NOW THEREFORE BE IT RESOLVED BY THE _MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
26
27 Section L Intent. It is the intent of the City of South Miami to make an
28 election under section 337.401(3)(c) l ., Florida Statutes (2000), as amended by
29 section 34, Enrolled CS /CS /SB 1878 by the 2001 Florida Legislature, regarding
30 the City's decision on whether to require and collect permit fees from any
31 providers of communications services that use or occupy municipal roads or
32 rights -of -way for the provision of communications services.
33
34 Section 2. Election Not to Require and Collect Permit Fees. The City
35 elects not to require and collect permits fees from any provider of communications
36 services that uses or occupies municipal roads or rights -of -way for the provision of
37 communications services. As provided in section 337.401(3)(c)1., Florida Statutes
38 (2000), this election shall take effect October 1, 2001.
39
40 Section 3. Election to Increase Local Communications Services Tax.
41 Pursuant to section 337.401(3)(c) l.b., Florida Statutes (2000), as amended by
42 section 34, Enrolled CS /CS /SB 1878 by the 2001 Florida Legislature, the City
43 elects to increase its total rate for the local communications services tax as
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computed under section 202.20(1) and (2), Florida Statutes (2000), as amended,
by an amount of 0.12 %, and this election shall take effect October 1, 2001.
Section 4. Notice to the Department of Revenue. The City Clerk is
directed to give notice of the above elections to the Department of Revenue by
certified mail by July 16, 2001.
Section 5. Severability. If any section, clause, sentence, or phrase of
this resolution 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 resolution.
Sectioon 6. Effective date. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of July, 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
amen
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\ \Dell_6100\Documents \City of South Miami \0022- 001 \10384.doc
Page 3 of 3
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 TAXES; INCREASING THE LOCAL COMMUNICATIONS
7 SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE
8 DEPARTMENT OF REVENUE, PROVIDING AN EFFECTIVE
9 DATE.
10
11
12 WHEREAS, during the 2000 Regular Session, the Florida Legislature
13 passed the "Communications Services Tax Simplification Law ", creating Chapter
14 202, Florida Statutes (2000); and,
15
16 WHEREAS, section 9, Enrolled CS /CS /SB 1878 by the 2001 Florida
17 Legislature amends section 202.19(2), Florida Statutes (2000), to state
18 municipalities may impose a local communications services tax at a rate of up to
19 5.1% for municipalities that have not chosen to levy permit fees, and at a rate of
20 up to 4.98 % for municipalities that have chosen to levy permit fees. These
21 maximum rates do not include the add -ons of up to 0.12% for municipalities
22 authorized pursuant to section 337.401, Florida - Statutes, for municipalities that
23 choose not to levy permit fees, nor do the rates supersede conversion or
24 emergency rates authorized by section 202.20, Florida Statutes, which may be in
25 excess of these maximum rates; and,
26
27 WHEREAS, section 12, Enrolled CS /CS /SB 1878 by the 2001 Florida
28 Legislature amend section 202.20(1)(a), Florida Statutes (2000), to set the local
29 communications services tax conversion rates for the period of October 1, 2001,
30 through September 30, 2002. The conversion rates take effect without any action
31 required by the local government; and,
32
33 WHEREAS, section 12, Enrolled CS /CS /SB 1878 by the 2001 Florida
34 Legislature further amends section 202.20(1)(b), Florida Statutes (2000), to set the
35 local communications services tax conversion rates beginning October 1, 2002.
36 The conversion rates take effect without any action required by the local
37 government; 'and,
38
39 WHEREAS, section 13, Enrolled CS /CS /SB 1878 by the 2001 Florida
40 Legislature provides that notwithstanding any provision of chapter 202, Florida
41 Statutes, to the contrary, any municipality that has .a local communications
42 services tax 'conversion rate established under section 202.20, Florida Statutes,
�41
Additions shown by underlining and deletions shown by everstriking.
I which is less than the maximum rate established; under section 202.19, Florida
2 Statutes, may by resolution or ordinance increase its rate up to the maximum rate,
3 with such increased rate to be effective October 1, 2001 if notification of the
4 increased rate is provided to the Department of Revenue by certified mail
5 postmarked on or before July 16, 2001. During the period beginning on October 1,
6 2001, and ending September 30, 2002, the maximum rate established under
7 section 202.19, Florida Statutes, shall be deemed to be the sum of such maximum
8 rate plus the difference between the conversion rates set forth in paragraphs (a)
9 and (b) of section 202.20(1), Florida Statutes.
10
11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
13
14 Section 1. Intent. It is the intent of the City of South Miami to increase
15 its local communications services tax rate as provided in section 13, Enrolled
16 CS /CS /SB 1878 by the 2001 Florida Legislature. Section 13, Enrolled CS /CS /SB
17 1878 provides that notwithstanding any provision of chapter 202, Florida Statutes,
18 to the contrary, any municipality that has a local communications services tax
19 conversion rate established under section 202.20, Florida Statutes, which is less
20 th(-n the maximum rate established under section 202.19, Florida . )tatutes, may by
21 on or, ordinance increase its rate up to the r,axii:ium rate established under
22 section 202.19, Florida Statutes, with such increased rate to be effective October 1,
23 2001. For the period beginning on October 1, 2,001, and ending September 30,
24 2002, the maximum rate established under section 202.19, Florida Statutes, is
25 deemed to be the sum of such maximum rate plus the difference between the
26 conversion rates set forth in paragraphs (a) and (b) of section 202.20(1), Florida
27 Statutes. The municipality must notify the Department of Revenue of such
28 increased rate by certified mail postmarked on or before July 16, 2001.
29
30 It is the further intent of the City to increase its local communications
31 services tax rate effective October 1, 2002 as provided in section 202.19 2 a
32 Florida Statutes, to the maximum tax rate of up to 5.1% for municipalities that
33 choose not to levy permit fees.
34
35 Section 2. Increased Local Communications Services Tax Rate. The local
36 communications services tax conversion rate established under section
37 202.20(1)(a), Florida Statutes, for the City is 5.2 %, which is less than the
38 maximum rate of 5.5% as determined under the provisions of section 13, Enrolled
39 CS /CS /SB 1878. The local communications services tax rate for the City is
40 increased to 5.1% during the period beginning on October 1, 2001, and ending
41 September 30, 2002. As provided in section 13, Enrolled CS /CS /SB 1878, this
42 increased rate is to be effective October 1, 2001.
43
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The local communications services tax conversion rate established under
section 202.20(1)(b), Florida Statutes, for the City is 4.8% which is less than the
maximum rate of 5.1% as established in section 202.19(2)(a), Florida Statutes.
The local communications services tax rate for the City is increased to 5.1 %. This
increased rate is to be effective October 1, 2002
Section 3. Notice to the Department of Revenue. The City Clerk is
directed to give notice of the increased local communications services tax rate to
the Florida Department of Revenue by certified mail postmarked on or before July
16, 2001, as provided in section 13, Enrolled CS /CS /SB 1878.
Section 4. Severability. If any section, clause, sentence, or phrase of this
resolution 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 resolution.
Section 5. Effective date. This resolution shall take effect immediately
upon approval.
PASSED A-1\TD ADOPTED this day of July, 2001..
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
\ \Dell_6100\Documents \City of South Miami \0022 - 001 \10386.doc
Page 3 of 3
CITY OF SOUTH MIAMI
myINTER- OFFICE MEMORANDUM
To: Honorable Mayor Date: June 7, 2001
and City Commission
From: Charles D. Scuff Subject: A enda Item #
J g
City Manager Commission Meeting 06/12/01
Funding Request
Red Sunset Merchants Assoc.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL AND COMMUNITY
GRANTS PROGRAM; AWARDING A GRANT OF $10,108 IN CASH AND $4,546.77 IN
IN -KIND SERVICES TO THE RED SUNSET MERCHANTS ASSOCIATION;
CHARGING THE AWARD TO ACCOUNT #01- 2100 -519 -9910, ENTITLED
"CONTRIBUTION— SPECIAL EVENTS "; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Red Sunset Merchants Association held various Holiday Events in Downtown South Miami during
December 2000, and the South Miami Art & Craft Festival was held on February 24 -25, 2001, providing
a safe and enjoyable environment for thousands of South Miami residents while showcasing Downtown
South Miami.
The Grants Advisory Board met on June 6, 2001, and voted to award the Merchants Association as
follows:
• $7,608 in cash for costs associated with the Holiday Events
• $4,546.77 in in -kind services for the Art & Craft Festival
• $2,500 in cash for the Art & Craft Festival.
The funding would be charged to Account #01- 2100 -519 -9910, entitled "Contribution — Special Events."
The available account balance is $32,608; the resulting balance would be $17,953.23.
RECOMMENDATION
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL
AND COMMUNITY GRANTS PROGRAM; AWARDING A GRANT OF
$10,108 IN CASH AND $4,546.77 IN IN -KIND SERVICES TO THE RED
SUNSET MERCHANTS ASSOCIATION; CHARGING THE AWARD TO
ACCOUNT #01- 2100 -519 -9910, ENTITLED "CONTRIBUTION —
SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Red Sunset Merchants Association submitted a Cultural and Community
Grants Program Application to the City of South Miami for its 2000 Holiday Events and for its
2001 South Miami Art & Craft Festival; and
WHEREAS, the Grants Advisory Board members have reviewed the application and on
June 6, 2001, recommended approval of the grant; and
WHEREAS, various Holiday Events were held in Downtown South Miami during
December 2000, and the South Miami Art & Craft Festival was held on February 24 -25, 2001,
providing a safe and enjoyable environment for thousands of South Miami residents while
showcasing Downtown South Miami; and
WHEREAS, the Mayor and City Commission of the City of South Miami support
community events, programs and its Hometown.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to disburse the sum of $10,108 in cash
and $4,546.77 in in -kind services from account #01- 2100 -519 -9910, entitled "Contribution —
Special Events", to Red Sunset Merchants Association.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL
AND COMMUNITY GRANTS" PROGRAM; AWARDING A GRANT OF
$10,108 IN CASH AND $4,546.77 IN IN -KIND SERVICES TO THE RED
SUNSET MERCHANTS ASSOCIATION; CHARGING THE AWARD TO
ACCOUNT #01- 2100 -519 -9910, ENTITLED "CONTRIBUTION—
SPECIAL EVENTS"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Red Sunset Merchants Association submitted a Cultural and Community
Grants Program Application to the City of South Miami for its 2000 Holiday Events and for its
2001 South Miami Art & Craft Festival; and
WHEREAS, the Grants Advisory Board members have reviewed the application and on
June 6, 2001, recommended approval of the grant; and
WHEREAS, various Holiday Events were held in Downtown South Miami during
December 2000, and the South Miami Art & Craft Festival was held on February 24 -25, 2001,
providing a safe and enjoyable environment for thousands of South Miami residents while
showcasing Downtown South - Miami; and
WHEREAS, the Mayor and City Commission of the City of South Miami support
community events, programs and its Hometown.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to disburse the sum of $10,108 in cash
and $4,546.77 in in -kind services from account #01- 2100 -519 -9910, entitled "Contribution —
Special Events ", to Red Sunset Merchants Association.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 52001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
SOUTH MIAMI GRANTS ADVISORY BOARD
FY 2000 -2001 CULTURAL AND COMMUNITY GRANTS
PROGRAM APPLICATION
Program Administrator: Gregory J. Oravec
6130 Sunset Drive o South Miami. FI 33143
Phone: (305) 663 -6338 o Fax: (305) 663-6345
QUARTER/CATEGORY
(1) Please check one:
-First Quarter (10/01/00-12/"1/00)
IF Second Quarter (01 /01 /01 -03/31 /01)
FY 2000 -2001 CULTURAL
AND COMMUNITY GRANTS
PROGRAM
CG /00-
Third Quarter (041/01/01- 06/30/01)
= Fourth Quarter (07/01/01-091/30/01)
ORGANIZATION AND CONTACT INFORINIATION
(2) Organization Name (exactly as it appears on Articles of Incorporation):
Red Sunset Merchants Association of South Miami, Inca
(3) FEI #: 65- 0987639
(4) Year of Incorporation: (5) State of Incorporation: Florida
(6) Required Pre - application Consultation: Date:
(7) Contact Name: . David Silver
Contact Title: President
Time:
4r. -Mrs. iv1s. _Miss -Dr.
Phone (d3 >): 305- 667 -0419
Address: 5734 Sunset Dr Phone ,oche n:
S. Miami, FL 33143
City: South Miami State:
E- mail: cayshoe @bellsouth.net
8
Fax: 305- 667 -0419
FL Zip: 33143
PROJECT INFORMATION
(8) Project Title: South Miami Art & Craft Festival
(9) Actual Dates of Activities: February 24 — 25, 2001
(10) Grant Start Date (
February 23, 2001
(11) Grant End Date (month /day /year): May 23, 2001
(12) Expected Participation (number of individna)s): Attending: 125.000
Performing /Participating: 200
(13) Primary- Population Served(cheek only one): _Children -At -Risk YOUth /Adults
- Persons with Disabilities - Senior Citizens
PROJECT SYNOPSIS
- Minorities General )no specific emphasis)
(14) Describe the project in two or three short sentences beginning "Funds are requested to
support ...'':
The presentation of Arts & Crafts in a festival setting on the
main commercial artery of Downtown South Miami. The purpose of
this event is to promote and expose our beautiful and vibrant
shopping district and the 61ty at large. This is the seventeenth
edition of the :festival and it has been recognized as one of the
top events of its kind in the country.
FUNDING HISTORY
(1 5) List all South Miami Cultural and Community- Grant Program grants your orb_ >anization has
received over the past three years.
Fiscal Year Grant Program Name Prnipot N1iim,-
D.—In. _a
1999 -2000
Cultural & Community
Art /Craft Festival
$9,644.00
Safe Streets/Halloween
�1,592,00
Holiday Season
$1,500.00
1998 -1999 1
Cultural & Community
Arts /Craft Festival
$ 4,200.00
Holiday Season $ 3,000.00
Marketing $ 7,000.00
Walking Map $12,500.00
9
2000 -2001
Arts & Craft
$16,000.00
Memberships
$30,000.00
Washington Mutual
$ 5,000.00
Miami 14prAld
in kind
Artists & Food Vendors
$44,435.00
(17) List funding sources for this project, both secure and pending.
Month'Year Funding Entitv Amount Requested Amount Received
2000 -2001
Sponsorships
Ist ' S.M.
$105000.00
Washington Mutual
$ 5,000.00
Miami 14prAld
in kind
Artists & Food Vendors
$44,435.00
IKE
Ll
PROJECT NARRATIVE
(18) Describe your proposed project in a clear and concise narrative. Provide as many details as
possible while specifically answering the following questions. WHAT is the proposed project?
Exactly WHEN and WHERE will the event(s) take place (provide an event schedule)? WHO
are your target audience and principal participants? WHY should this project receive City
funding?
YOU MAY ATTACH ONE (1) ADDITIONAL SHEET IF NECESSARY
The festival takes place on Sunset Dr from Red Road to U.S.1 on
Saturday, February 24 and Sunday February 25 from 9 :00 AM -
6:00 PM. Sunset Drive is closed to vehicular traffic during
this time. One- hundred- thirty -seven artists will display and
sell their work and 25 food vendors will offer a variety of
food and beverages for the approximately 125,000 festival
attendees. Musical entertainment and amusements for the whole
family will be provided throughout both days. The Arts & Crafts
will be judged and prizes awarded to best of show. This is a
great opportunity for Downtown South Miami to promote itself.
a
PROJECT DETAILS
(19) Describe your current marketing plan. (Attach your detailed marketing plan, if available.)
Advertisements are placed in the Miami Herald and Community Newspapers,
radio advertising on WLRN, and posters are prominently displayed, as well
as,the street banner.
(20) Describe your method of evaluating the project. (Attach a sample survey tool. if available.)
This event typically draws 125,000 people. The feedback from the
community is overwhelmingly positive and critiques in various art
publications give the show high ratings.
(22 1) Does this project have tourist appeal? if so. describe.
Yes, Tourists looking for events to attend, expecially out of doors
to take advantage of our climate who come in for the show and stay
to eat in our restaurants and shop in our stores.
(22) State Your organization's mission.
The beautification, maintenance and promotion of Downtown South Miami
as a destination.
(23) How does this project enhance your organization's mission?
The event promotes the community spirit of Downtown South Miami
and exposes the area and individual businesses to a large number
of prospective patrons.
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PROJECT EXPENSE BUDGET
List all project related expenses. Round amounts to the nearest dollar (do not show cents).
NOTE: Total project expenses and revenues must equal.
Cash In- Total
Kind
Allocation of Requested
City Grant
Cash
In-
Kind
Total'
Personnel (include pay rate for all personnel)
Administrative: # ofemployees: 1
4,150
1
Artistic: # of artists:
Technical: # of employees: 2 clubs
600
Outside Artistic Fees: # of artists:
3,750
Outside Other Fees: # of employees:
Marketing /Publicity
$15,6251$2,425
$2,500
Printing
;
Postage
1651
Equipment Rental
5,6001
Space Rental
f
Insurance
1, 200
Utilities
Supplies/Materials Posters
1,2001
Other costs (Itemize below):
Judges Pla ues
7501
Permit
Prizes
6,2501
I
i Police
I
$3,599
Public Works
;$4,045
i
Sales Tax @ 6.5%
2,8441
1
Total 42 953
i$2, 500 i$7,6 4 4
J
(24) Grant Amount Requested $10,144.
(25) Total Cash Expenses $42,353.
(26) Total In -Kind Expenses* . $ 2,425.
(27) Total Project Expenses $52.497
(Must equal #24 + #25)
*An in -kind expense is the dollar amount which would have been paid for donated services or
goods.
13
PROJECT REVENUE BUDGET
List all project related revenues. Round amounts to the nearest dollar (do not show cents).
Provide an additional sheet with an itemized budget for anv items in the "Other Revenues"
category above $5,000. NOTE: Total project expenses and revenues must equal.
Cash In- Total
Kind
Allocation of Requested
City Grant
Cash
In-
Kind
Total
Admissions
Contracted Services
M4,435
Tuitions
Corporate Support (itemize below. attach an
additional sheet if necessary): Miami Herald
2 425
1
I
First Nat'l. Bank of S. M.
10,000
j
I
Foundation Support (Itemize below. attach an
additional sheet if necessary):
t
i j
Private /Individual Support (Itemize below.
attach an additional sheet if necessary):
i
I
Government Grants (Itemize below. attach an
additional sheet if necessary):
I
j I
i i 1
i
s
i
Applicant Cash on Hand
I
Other Revenue (Itemize below):
!
i
i
Grant Request from City of South Miami
$2,500' $7,644
{
Total -1$59,4351
1$2,500i$7,644
j
(28) Grant Amount Requested
(29) Total Cash Revenues
(30) Total In -Kind Contributions*
(31) Total Project Revenues
(Must equal 928 + #29)
$10, 14;41;:
$59,435.
$ 2,425.
$69,579.
*An in -kind contribution is the dollar value of goods and /or services 'Which have been donated.
14
ORGANIZATIONAL BUDGET
Please attach your organization's current fiscal year budget.
CERTIFICATION /SIGNATURE
I certify that all information contained in , is a licatio a attachments is true and accurate.
Authorizing Signature Date 2'3 f(
Typed /Printed Name . David elver Title President
All funded activities must provide equal access and opportunity in employment and services and may not
discriminate on the basis of race or ethnicity. color, creed, national origin or relig ion, age .- - ender, sexual preference.
in accordance with Title V1I of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Title IX of the
Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.). The City of South. Miami supports and
advocates compliance with the requirements of the Americans with Disabilities Act (ADA) of 1990, and Section 504
of the Rehabilitation Act of 197- which prohibits discrimination on the basis of disability.
Grantees must include the following credit line in all promotional marketing materials related to this grant including
news releases, public announcements, press releases, print and broadcast media:.
IYCORPORATEP - -
• � 1927
LORti�
"WITH THE SUPPORT OF THE CITY OF SOUTH MIAMI"
15
Red Sunset Merchants Association of South Miami, Inc.
2000/2001 Board of Directors
David Silver
Debbie Gordon
President
Director
Cavanaugh's
Queen of Arts
5734 Sunset Drive
1573 sunset Drive
South Miami, FL 33143
South Miami, FL 33143
Johnathan Oaks
Trudi Pollack
First Vice President
Director
Little Feet and More
Capretto
7216 Red Road
5826 Sunset Drive
South Miami, FL 33143
South Miami, FL 33143
John Sorgie
Myra Porter
Second Vice President
Director
Sunset .Quick Print .
Myra & Company,
5.833 Ponce De Leon
7313 SE 59P Court
South. Miami, FL
South Miami, FL 33143
Marie Birts
Curtiss Sibley
Recording Secretary
Director
Fabulous Baskets
First National Bank of South Miami
6101 Sunset Drive
5750 Sunset Drive
South Miami, FL 33143
South Miami, FL 33143
Roy Valdes
Lydia White
Corresponding Secretary
Roberta Dickinson
Mr. I's
Director
5817 Sunset Drive
Hanging Basket
South Miami, FL 33143
7211 Sunset Drive
South Miami, FL 33143
Karen Dorfman
Treasurer
Alex Abril
Lightorama
Director
5832 Sunset Drive
5814 Sunset Drive
South Miami, FL 33143
South Miami, FL 33143
Red/Sunset Merchants Association of South Miami, Inc.
Page 2
Ed Boas
Jeannie Bonner
Director
Barbara Hinterkopf
Lanes
Director
5700 Sunset Drive
Kristine Michael
South Miami, FL 33143
7271 Red Road
South Miami, FL 33143
Jean Ebbott
Director
Patricia Ritter
Dr. Franks
President Ex- Officio
7212 Red Road.
Elements of Design
South Miami, FL 33143
11305 SW 111 Street
South Miami, FL 33143
LYDIA M. WHITE
Resume
Patricia E. Ritter
Profession:
ELEMENTS OF DESIGN:
5802 Sunset Drive, South Miami, Florida 33143
Gallery owner, and ret0wholesa/e jewelry
designedmanufacturer since 1988.
Education:
MIAMI DADE COMMUNITY COLLEGE
Associated Arts/Fine Arts Program
SOUTH FLORIDA CENTER FOR THE FINE ARTS
Jewelry Making
MIAMI KILLIAN SENIOR HIGH SCHOOL
Special Program for the Arts
Professional Affiliations:
Jewelers Board of Trade
South Florida Craftsman
American Craft Council
Soc ety ofTlorth American Jewelers
Apprenticeship:
TAS JEWELRY
Thomas A. Shodron
5818 Sunset Drive
South Miami, Florida 33143
Juried Exhibitions:.
Boca Raton Festival of Arts (1993)
Manalapan Festival of the Arts (1993)
Coral Gables Inter'l Festival of Craft Arts (1993,1994, 1995)
South Miami Craft Art Festival 1993 .
( 1994 ,1995)
South Miami Festival of Arts (1993,1994, 1997)
Beaux Arts Festival (1994 1997)
Winter Park Sidewalk Art Festival (1994)
Hand Made in the USA - New York (1996, 1997)
Buyers Market of American Crafts - Philadelphia, PA (1996)
American Craft Council Show - Columbus, Ohio (1997)
Park with Art (1997)
Awards /Commendations:
CORAL GABLES INTERNATIONAL FESTIVAL OF CRAFT ARTS
First Prize - Jewelry (1994)
Third prize - Jewelry (1995)
$RANDEIS UNIVERSITY
Special Commendation for Community Service (1994, 1995)
PARK WITH ART
Second Prize - Three Dimensional Art (1991)
Special Projects:
APPRENTICESHIP PROGRAM
Established in 1990, awarded to an average
of two students per year.
FOOD AMONG THE ARTS
Organized and Co- sponsored with
South Florida Craftsmen and JoAnna's Marketplace (1995, 1996)
THOMAS MANN LECTURE SERIES
Organized and Sponsored - University of Miami (1996)
ACCENT MAGAZINE
Bracelet selected to be featured on cover of magazine
Page 2
That needed to be done:
EDUCATION
Masters of Business Administration, Honors, Finance and
Management,.University of Richmond, Richmond, Virginia, 1968
B.B.A., Economics and Finance, University of Miami, Miami, "
Florida, 1966
PROFESSIONAL. EXPERIENCE
April, 1995
to Present:
President of the First National Bank of South Miami
and member of the Bank's Board of Directors
5750 Sunset Drive
South Miami, Florida
Provides leadership, direction, and guidance. of Bank activity to
ensure the short and long -term profitability of the Bank;
equitable treatment and development of employees; and the
maintenance of Bank- community'citizenship.
Manage the Bank, invest all assets and direct the personnel
consisting of 120 employees.
1990 to April, 1995:
Executive Vice President and Cashier of the Bank
Member, Board of Directors
Assistant Secretary,.First Miami Bancorp, Inc.
Chief Financial Officer - Responsible for establishing,
..coordinating and maintaining the accounting system and internal
and external financial reporting for the Bank and Holding
Company.
Secretary to the Board of Directors.- Prepare the agenda, record
the minutes of the meetings, maintain stock records, pay
dividends and execute procedures.to increase capital as directed
by the Board.
Manage the investment portfolio to maximize return while
analyzing portfolio mix, trading strategy and anticipate.future
economic and market conditions. Keep abreast of the economy,
credit situations and regulatory and accounting changes.
CURTISS F. SIBLEY
Page Two
Analyze profitability trends and determine the strategy to best
maximize funds management while maintaining adequate reserve
requirements and liquidity.
Administrate and manage the investments of The First National
Bank of South Miami Employee's Profit Sharing Plan. Keep abreast
of equity holdings in the Holding Company and advise when called
upon by the Board.
Maintain strong correspondent banking relationships.
Contact officer with the Bank's external audit firm.
Set interest rates on deposits and negotiate rates on large
'Certificates of Deposit and Repurchase Agreements. __..
Officer in- charge of the Bank when the President is:unavailable.
1988 to 1990:
Senior Vice President and Cashier of the Bank
Assistant Secretary, First Miami Bancorp, Inc.
Continued former duties and responsibilities. In addition,
assisted in the formation of First Miami Bancorp, Inc., a one
bank holding company. Coordinated the financial and information
filings with the Bank's law firm, the Office of the Comptroller
of the Currency, Federal Reserve Bank of Atlanta and the
Securities Exchange Commission.
1980 to 1988:
Vice President and Cashier of the Bank
Responsible for managing Bank operations and accounting.
Supervise ten officers, who manage Accounting, Bookkeeping, Safe
Deposit, Platform, Collections, Tellers and Branch.
Manage the Bank's investment portfolio in order to maximize
yield, ensure adequate liquidity and pledge securities.to
collateralize public deposits.
Member, Trust Committee
1978 to 1980:
Century National Bank of,Broward
501.East Las Olas Boulevard
Fort Lauderdale, Florida 33302
Senior Trust Investment Officer Responsible for administration
CURTISS F. SIBLEY
Page Three
and direction of the functions and staff of the Trust Investment
Department. Managed six Trust Investment Officers, two traders
and four operational staff members.
Managed the investment portfolios of individual, common bond and
equity trust fund accounts. Reported directly to a committee of
five Board Directors, weekly.
1969 to 1978:
Central Bank and Trust Company
1313 N.W. 36th Street
Miami, Florida 33142
Vice President and Comptroller - Responsible for the
administration and direction of the functions and staff of the
Operations,'Comptrollers and Investment Departments. Supervised
the Platform Officers, Tellers, Collections, Safe Deposit, New
Accounts and Bookkeeping.
Served as liaison between Bank management, Bank external auditors
and regulatory authorities
Formulate a portfolio investment policy on the basis of security
analysis, trends and market conditions to achieve the optimum
results in accordance' with management objectives.
AFFILIATIONS
Director, past President, Red /Sunset Merchants Association
Director, past Treasurer and Chairman of the Board, Fellowship
House
Director and Treasurer, Cultural Affairs Council of South Miami
Member, University of Miami Alumni Association
Member, Hurricane Club
Member, Miami Bond Cl=ub
Member, Greater South Dade /South Miami Chamber of Commerce
Member, Coral Gables Chamber -of Commerce
DEBORAH R. WAKS
Born: Miami, FL
Sept. 2,1960
School: Miami Coral Park Senior High School
Miami, FL
Vassar College
Poughkeepsie, NY
B.A. 1982
University of Miami School of Law
ID. 1987
Activities: Dade County Bar Association
Pro Bono Project
Put Something Back Program (on the attorney wheel)
Pro Bono work for the Assn. For Retarded Citizens of S. FLA.
(ARC)
Rotary Club of South Miami
Pro Bono Attorney for Red Sunset 'Merchants Assn.
Volunteer for the Red Sunset Merchants Assn.
Arts & Crafts Festival
q-,--
Red Sunset Merchants Association of South Miami, Inc.
The Red Sunset Merchants Association was originally formed in 1952 as the Sunset Drive
Association. The stated purpose of the Association was to engage in "practices that will build up
the shopping district as a whole." The shopping district then included the four blocks on Sunset
Drive from US 1 to Red Road.
Since then, the boundaries of the association have grown to encompass the entire downtown
shopping district, while the mission of the association has grown beyond promoting the well
being of its members to the betterment of the community as a whole.
Aside from Safe Streets Halloween, the association has also produced the South Miami Arts and
Crafts Festival annually since 1983. This festival not only promotes the area and provides a major
source of revenue for the association but 30 percent of the revenue goes to the South Miami
Rotary to support its programs in the City of South Miami.
The association also founded Santa's Parade of Elves. The parade is now put on by the city but
the RSMA still pays the insurance cost. Over the years the association has sponsored the Police
Officer of the Month, the South Miami Gray Ghosts, the City's 4"' of July Celebration and
supplied the holiday decorations throughout downtown. The RMSA was also a sponsor of the
Charette that spawned the Hometown Plan, as well as, Charette H and bought the streetlights for
the Dorn Avenue project. Most recently, the merchants were sponsors of the Gun Lock Giveaway
program and provided gift certificates to area restaurants to be used for the Gun Buy -Back
program.
The Red Sunset Merchants Association is committed to maintaining the charming hometown
character of Downtown South Miami and ensuring the area remains a special place to live, work
and shop.
RESOLUTION NO. 88-00- 10981
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING
TO THE CULTURAL AND COMMUNITY GRANTS
PROGRAM; AWARDING A GRANT OF $24,736.00 TO
RED /SUNSET MERCHANTS ASSOCIATION; CHARGING
THE AWARD TO ACCOUNT #01- 2100 -519 -99109 ENTITLED
"CONTRIBUTION— SPECIAL EVENTS "; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Red /Sunset Merchants Association submitted a Cultural and
Community Grants Program Application to the City of South Miami for expenses relating
to the 16th Annual South Miami Arts and Crafts Festival, 1999 holiday decorations, 1999
Safe Streets Halloween and a marketing initiative; and
WHEREAS, the Red/Sunset Merchants Association requested a total award of
$24,736, consisting of $9,644 for the 16th Annual South Miami Arts and Crafts Festival,
$1,500 for the 1999 holiday decorations, $1,592 for 1999 Safe Streets Halloween and
$12,000 for a marketing initiative; and
WHEREAS, on April 12, 2000, the Grants Advisory Board reviewed the
application and recommended granting the applicant a total award of $18,736, consisting
of an award of $9,644 for the 16th Annual South Miami Arts and Crafts Festival, $1,500
for the 1999 holiday decorations, $1,592 for 1999 Safe Streets Halloween and $6,000 for
a marketing initiative, with the condition that the funding of the marketing initiative,
which the Board considered an "operational cost ", be a one -time exception; and
WHEREAS, the Mayor and City Commission of the City of South Miami support
community events, programs and its Hometown.
n
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to disburse the sum of.
$24,736.00 from account #01- 2100 -519 -9910, entitled "Contribution— Special
Events" for expenses relating to the Red /Sunset Merchants Association's FY 99 -00
Cultural and Community Grants Program Application.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 18thdayof Agri l , 2000.
ATTEST:
A-Mu7zi�
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Page 2 of 2
Commission Vote:
5 -0
Mayor Robaina:
Yea
Vice Mayor Feliu:
Yea
Commissioner Bethel:
Yea
Commissioner Russell:
Yea
Commissioner Wiscombe:
Yea
a
To: Honorable Mayor Date: April 13, 200.0
and City Commission
From: Charles D. Scurr
City Manager
REQUEST
Subject: Agenda Item #
Commission Meeting 04/18/00
.Funding Request
Red/Sunset Merchants Assoc.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CULTURAL AND
COMMUNITY GRANTS PROGRAM; AWARDING A GRANT OF $18,736.00 TO
RED /SUNSET MERCHANTS ASSOCIATION; CHARGING THE AWARD TO
ACCOUNT' #01- 2100- 519 - 9910, ENTITLED "CONTRIBUTION— SPECIAL
EVENTS'; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Red/Sunset Merchants Association (the "Association ") submitted a Cultural and Community
Grants Program Application to the City of South Miami which sought funding of $246,800 for
various events and activities. Recognizing that the request contained many exciting and much -
needed initiatives but far outstripped the funding available for the Cultural and Community
Grants Program, Commissioner Russell requested that Mayor Robaina convene a public
workshop on the matter.
On April 10, 2000, the Mayor and City Commission held a public workshop regarding the
Association's funding request, allowing merchants, residents and city officials to discuss the
current status of the Association and the downtown, to identify needs and opportunities and to
explore implementation strategies. The meeting was very positive and enabled the City and
Association to take a critical first step towards positioning the Association and downtown for
greater success.
As a result of the dialogue between the Association and City, the Association presented a revised
grant application to the Grants Advisory Board on April 12; 2000. The application requested a.
total award of $24,736, consisting of $9,644 for the 161h Annual South Miami Arts and Crafts
Festival, $1,500. for the 1999 holiday decorations, $1,592 for 1999 Safe Streets Halloween and
$12,000 for a marketing initiative.
x:
e
In its deliberations, the Grants Advisory Board clearly supported the _funding of the holiday
decorations and well -known events, but was hesitant to fully fund the marketing initiative, which
it considered to be "operating costs" Therefore, the Board voted 5 -0 to recommend a total
award of $18,736, consisting of $9,644 for the 16t1i Annual South Miami Arts and Crafts
Festival, $1,500 for the 1999 holiday decorations, $1,592 for 1999 Safe Streets Halloween and
$6,000 for a marketing initiative with the condition that the funding of the marketing initiative be
a one -time exception. This is summarized below.
ITEM
REVISED ASSOCIATION
REQUEST
GRANTS ADVISORY BOARD
RECOMMENDATION
16 1h Annual Arts & Crafts
Festival
$9,644
$9,644
1999 Holiday Decorations
$1,500
$1,500
1999 Safe Streets Halloween
$1,592
$1,592
Marketing Initiative
$12,000
$6,000
Total
$24,736
$18,736
The grant would be charged to Account 401- 2100 -519- 9910, entitled "Contribution— Special
Events ". The available account balance is $27,316.59; the resulting balance would be $8,580.59.
RECOMMENDATION
Your approval is recommended.
REDISUNSEP
`.MERCHANTS
ASSOCIATION
Since its inception, The Red Sunset. Merchants Association has been a major booster of
the City of South Miami. Through advertising, through. contributions. to and
volunteering for city sponsored events and programs and the production of our own
festivals and holidays celebrations, we have endeavored to showcase our special city.
The past two years have.been especially challenging for both the merchants and the
city, what with the monumental modification of our cityscape and the mostly
unwarranted negative publicity associated with these changes. Consequently, a major
advertising and public relations campaign is required.
i
The RSMA has recently .applied for a more comprehensive grant to help realize this
g oal. The ci tY commission and administration along wit h
the merchants is looking for a
consistent and fertile source of funding for this mutually recognized imperative.
However, as we have some. immediate needs; we are requesting your consideration of
the following items:
1. In February, the merchants. association put on the 16th annual South Miami
• Arts. and Crafts Festival. This event is consistently recognized . as one of top
shows of its type in the country. The total budget for this event was
$55,525.00. We are requesting a grant of $9,644.00, including 13,599.00 for
police, $4,045.00 for public works and $2,500.00. towards the advertising
expense of $10,000.00.
2. Every holiday season, for as long as can be remembered, the RSMA has
provided the decorations and entertainment for downtown .South Miami. For
1999, the association spent. $3,132.00 on decorations; advertising and
caroling. We are requesting a grant of $1,500.00.:
3. In the mid 1980's, cavities and indigestion were no longer the only concerns
parents were confronted with on Halloween; .the RSMA1 stepped in and
created Safe Streets Halloween. An instant success, this event provided a
secure environment for children to trick or treat and a wonderful depiction of
our city. Aside from the cost of candy for the individual merchants, expenses
for the 1999 event were $2,145.25. We are requesting a grant of $1,592.00,
including $814.00 for police, $643.00. for public works and $135.00 for
permits.
j 4. In order to plan and implement our marketing initiative, the creativity. and
expertise of a professional public. relations and advertising firm is essential.
We are requesting $2,000.00 a month for six months, a total of $12,000.00 to
retain such services.
PROJECT INFORMATION
.(8) Project Title: Holiday Season Entertainment
(9) Actual Dates of Activities: 12/1/00 — 12/24/00
10) Grant Start Date (month/day /year):
(11) Grant End Date (month/day /year):
(12) Expected Participation (number of individuals): Attending: 2,000
Performing/Participating: 60
(13) Primary Population Served(check only one): [],Children ❑At -Risk Youth/Adults
❑Persons with Disabilities ❑Senior Citizens
PROJECT SYNOPSIS
0-Minorities xGeneral (no specific emphasis)
(14) Describe the project in two or three short sentences beginning "Funds are requested to
support .. ":
t.
Holid4y Season Entertainment, a series of events to expand the opening weekend of the
holiday season activities and to create a festive atmosphere throughout the season, all the
while promoting Downtown South Miami as the place to shop for the Holidays.
FUNDING HISTORY
(15) List all South Miami Cultural and Community Grant Program grants your organization has
received over the past three years.
8
Month/Year Funding ERfiV Amount Re guested Amount Received
(17) List funding sources for this project, both. secure and pending.
Month/Year Funding Entity Amount Reauested Amount Received
Cultural and Community
12,875 & in -kind
Sponsorships
12,875
PROTECT NARRATIVE
(18) Describe your proposed project in a clear and concise narrative. Provide as many details as
possible while specifically answering the following questions. WHAT is the proposed project?
Exactly WHEN and WHERE will the event(s) take place (provide an event schedule) ?. WHO
are your target audience and principal participants? WHY should this project receive City
fimdmg?
YOU MAY ATTACH ONE ( 1) ADDITIONAL SHEET IF NECESSARY
Sundays on Sunset was devised as a way to make Sundays a more dynamic day in
Downtown South Miami and another way to promote the area in general. The project is proposed
for every Sunday from November through April (the cooler months) from 8:00 am to noon.
Sunset Drive would be closed from 57th court to 58`x' court with music at 58th avenue and tables
and chairs dispensed on the rest of the street. Also street vendors will be selling coffee, bagels,
croissants, muffins, etc, as well as newspapers from around the globe. This event would draw
people from around Miami -Dade County and could gain such notoriety as to become a tourist
destination.
Once the streets re -open at noon, a supply of customers will be available to the
merchants. It is the stated goal of the city for the merchants to be open or.. Sundays. This is a`
eat way to nake this a worthwhile enterprise.
10
PROJECT DETAILS
(14) Describe your current marketing plan. (Attach your detailed marketing plan, if available.)
The Holiday Gift Guide, Street Banners and a postcard
(20) Describe your method of evaluating the project. (Attach a sample survey tool, if available.)
Attendance and revenues
(21) Does this project have tourist appeal? If so, describe.
Probably not.
(22) State Your organization's mission.
(23) How does this project enhance your organization's mission?
By enhancing the image of and improving the commercial potential of the area, it most
certainly does.
PROJECT EXPENSE BUDGET
List all project related expenses. Round amounts to the nearest dollar (do not show cents). NOTE: Total project
expenses and revenues must equal.
Cash In- Total
Kind
Allocation of Requested City
Grant
Cash
In-
Kind
Total
Personnel (include pay rate for all personnel)
Administrative: # of employees:
Artistic: # of artists:
2,000
Technical: # of employees:
Outside Artistic-Fees: # of artists:
5,000
51000
Outside Other Fees: # of employees:
Marketing/Publicity
10,000
10,000
Printing
Postage
Equipment Rental
1,500
1,500
Space Rental
Insurance
1,000
Utilities
Supplies/Materials
Other costs (Itemize below);
Police
?
Public works
I
Permits
?
Total
17,500
2,000.
16,500
(24) Grant Amount Requested $ 16,500 & in -kind
(25) Total Cash Expenses $ 17.500
(26) Total In -Kind Expenses* $ 2,000
(27) Total Project Expenses $ 34,000 & in -kind
(Must equal #24 + 925)
*An in -kind expense is the dollar amount which would have been paid for donated services or
goods.
12
CERTIFICATION /SIGNATURE
I certify that all information contained i this applicat' n and attachments is true and accurate.
Authorizing Signature i Date 10/6/00
Typed/Printed Name David Silver Title President
All funded activities must provide equal access and opportunity in employment and services and may not
discriminate on the basis of race or ethnicity, color, creed, national origin or religion, age, gender, sexual preference,
in accordance with Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Title IX of the
Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.). The City of South Miami supports and
advocates compliance with the requirements of the Americans with Disabilities Act (ADA) of 1990, and Section 504
of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability.
Grantees must include the following credit line in all promotional marketing materials related to this grant including
news releases, public announcements, press releases, print and broadcast media:
• � 1927 � �%
"WITH THE SUPPORT OF THE CITY OF SOUTH MIAMI"
14
ice► CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager f"A'o
REQUEST
Date: June 8, 2001
Agenda Item #
Comm Mtg. 06 -12 -01
Re: Authorization to negotiate a contract
with Dooley & Mack
Constructors, Inc. for the Multipurpose
Center Phase II
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A
CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH NUMBER ONE
RANKED FIRM OF DOOLEY & MACK CONSTRUCTORS, INC., FAILING THAT WITH
THE SECOND RANKED FIRM OF JASCO CONSTRUCTION CO., FAILING THAT TO
THE THIRD RANKED FIRM OF STOBS BROS. CO. FOR CONSTRUCTION MANAGER @
RISK SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI
MULTIPURPOSE CENTER.
BACKGROUND:
The City of South Miami solicited proposals (attachment 1) from qualified Construction
Managers to provide Construction Management (CM) @ Risk services for phase two of the City
of South Miami Multipurpose Center in Murray Park. The City received a total of six (6)
proposals. Copies of the proposals are available in the Building, Zoning and Community
Development Department.
The primary advantages of this project delivery system are that it allows the involvement of the
contractor during the design phase and lets the City select the General Contractor based on
qualifications rather than price. The agreement for the CM services will consist 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. Pre- construction services shall include such items as value engineering, scheduling,
constructability analyses and the development of a Guaranteed Maximum Price (GMP). If the
GMP is accepted, the second phase (the construction phase) is implemented. During the
construction phase the CM ceases to be the agent of the City, becomes the single point of
responsibility for performance of construction contract for the project, and functions in the role
of an independent contractor, publicly bidding trade contracts.
Authorization to negotiate a contract with
Dooley & Mack Constructors, Inc. for the Multipurpose Center Phase II
June 8, 2001
Page 2 of 2
A selection process (attachment 2) 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 determines
whether or not a consultant is qualified to provide the services requested and whether or not the
proposal 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 evaluates
and ranks the Consultants on how well they can provide the requested services and recommends
at least three firms, in the order of preference to the City Manager. The City Manager then, if he
agrees with the recommendation, forwards the recommendation to the City Commission or based
on the information given to him makes his own recommendation to the City Commission for
final selection.
Selection Committee narrowed the list of six firms to three for further consideration. The
Certification/ Selection Committee Evaluation Form used for this step is attached (attachment 4).
Each of the remaining three firms were invited to make presentation to the Selection Committee.
Based on the information presented at the presentation followed by a question and answer
session the committee members ranked all three firms. The results were then tabulated for a
combined ranking. The evaluation form and the tally sheet are attached (attachment 5).
References were verified on all of these three firms. The individual scoring sheets as well as the
videotape of the personal interview session with the three finalist firms are available for viewing.
The primary criteria for the short listing and the final selection are relevant experience,
understanding of the project, on time and on budget project delivery track record, minority
participation and approach to cost and quality control.
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 second most qualified firm. If the negotiations are
not successful with the second most qualifies firm, the City must terminate the negotiation and
attempt to negotiate with the third ranked firm.
RECOMMENDATION
It is recommended that the City initiate negotiation with Dooley & Mack Constructor, Inc. for
Construction Management Services.
Attachments:
Proposed resolution.
Attachment 1: Published Notice for Professional Service.
Attachment 2: Outline of the Selection Process.
Attachment 3: Certification/Selection Committee.
Attachment 4: Certification/Selection Committee evaluation form.
Attachment 5: Final evaluation form and tally sheet.
I RESOLUTION
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A
5 CONSTRUCTION MANAGEMENT SERVICES AGREEMENT WITH NUMBER ONE
6 RANKED FIRM OF DOOLEY & MACK CONSTRUCTORS, INC., FAILING THAT
7 WITH THE SECOND RANKED FIRM OF JASCO CONSTRUCTION CO., FAILING
8 THAT TO THE THIRD RANKED FIRM OF STOBS BROS. CO. FOR
9 CONSTRUCTION MANAGER @ RISK SERVICES FOR THE PHASE TWO OF THE
10 CITY OF SOUTH MIAMI MULTIPURPOSE CENTER.
11
12 WHEREAS, the City Commission desires to retain a qualified Construction
13 Manager firm to provide Construction Management Services for phase two of the City of
14 South Miami Multipurpose Center in Murray Park and
15
16 WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for
17 Professional Services, and
18
19 WHEREAS, the City received a total of six (6) responses as a result of the
20 published notice, and
21
22 WHEREAS, The City having followed the requirements established by Florida
23 Statute 287.055: Acquisition of Professional Services for Architects and Engineers,
24 recommends three top ranked firms in order of preference, 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 approves the recommended ranking of the three top
30 ranked firms as follows:
31 1. Dooley & Mack Constructors, Inc.
32 2. Jasco Construction Co.
33 3. Stobs Bros. Construction Co.
34
35 Section 2: That the City Commission authorizes the administration to negotiate an
36 agreement for construction management services, including pre- construction services for
37 the City of South Miami Multipurpose Center with the first ranked firm.
38
39 Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked
40 firm the City must formally terminate the negotiation and undertake negotiations with
41 second ranked firm, failing that undertake negotiation with the third ranked firm.
42
43 Section 4: That the negotiated Construction Management Services Agreement is brought
44 back to the City Commission for approval.
45
46 PASSED AND ADOPTED this day of , 2001.
Authorization to negotiate a contract with
Dooley & Mack Constructors, Inc. for the Multipurpose Center Phase II
June 8, 2001
Page 2 of 2
l
2 ATTEST:
3
4
5 CITY CLERK
6
7
8 READ AND APPROVED AS TO FORM
9
10
11 CITY ATTORNEY
12
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
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 of Legal Advertising 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 advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE FOR CONSTRUCTION MANAGER
RE_: PHASE TWO OF THE CITY'S
MULTIPURPOSE CENTER
in the ..........XXXX ..................... Court,
was published in said newspaper in the issues of-
Apr -13, 2001 Apr 18, 2001
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, for a period of one year next preceding the
first p is lion of the attached copy of advertisement; and
affian turf er says that she has neither paid nor promised
any ers firm or corporation any discount, rebate, com-
miss n refund for the purpose of securing this advertise -
men f publicatio the said newspap r.
Sworn to and subscribed before me this
18 April 2001
..... day of . /..... .. .................... . A.D... .....
.. 4•rr l ... �...........
(SEAL)
Sookie W Ilia a sonaf(� cnowFFCIALNOTARYSEAL
tNEtL H biAR1UER
1
CC111*JI.SSiON WMaEA
n
CC931158
r f,�'Y COUilt3SION EXPIRES
F OF F LO AP;?. 24 2004
1
ATi11CfiMwT 1
;I
CITY OF SOUTH MIAMI, FLORIDA
NOTICE FOR CONSTRUCTION MANAGER
City of South Miami announces that construction management services
will be required for phase two of the City's Multipurpose Center, located in
Murray Park. The Multipurpose Center, approximately a 22,000 sgft. facil-
ity, will generally house a;gymnasium, class rooms, arts and crafts work-
shops, administrative offices, multipurpose room and other ancillary spac-
es. The construction budget is set.at $3,000,000. Only firms with similar
experience and a proven track record of successfully delivering projects
on time and on budget are encouraged to apply.
The contract for construction management services will consist of two
phases. Phase one is pre- construction services, for which the construc-
tion manager will be paid a fixed fee. Phase one services include value
engineering, constructability analyses, development of a cost model, esti- ,
mating, and the development of a Guaranteed Maximum Price (GMP) at
75% Construction Document phase. If the GMP is accepted, phase two,
the construction phase, will be implemented. In phase two of the contract,
the construction manager, becomes the single point of responsibility for
performance of the construction of the project and shall publicly bid trade
contracts, ensuring the inclusion of all the bidding requirements of Miami
Dade County Office of Community and Economic Development
(OCED):
Firms desiring to provide construction management services for the
project must submit a letter of intent and a completed 'Construction Man-
ager Qualifications Questionnaire'. There will be a mandatory Pre -sub-
mittal Conference at 10:00 am on April 25 at the City Commission Cham-
ber, City Hall, 6130 Sunset Drive, South Miami. Failure to attend the con-
ference will disqualify a firm from further consideration. The City is bound
by the County Cone of Silence ordinance and other City Ethics ordinanc-
es. All questions regarding the project must be made in writing and ad-
dressed to Mr. Subrata Basu, Assistant City Manager, City of South Mia-
mi, 6130 Sunset Drive, South Miami, Florida 33143 /Fax (305) 666
4591.
The Construction Manager Qualifications Questionnaire forms, the Pro-
ject Program and OCED requirements for the potential future bidders may
be obtained from the City Clerk's office located at 6130 Sunset Drive,
South Miami, Florida 33143 during the hours of 8 A.M. and 5 P.M.
Five (5) bound copies of the required information must be submitted at
the City Clerk's office, by 5:00 p.m. on Friday, May 11, 2001. Any incom-
plete submittal wilibe disqualified and will not be considered. Facsimile
(FAX) submittals are not acceptable and will not be considered.
Ronetta Taylor
City Clerk
4113 -18 01- 4- 120/153462M
ATrACAAWAr 2.
Construction Manager at Risk (CM)
Outline of the Selection Process
March 2001
Summary of Construction Management Approach: The CM should be appointed during the
schematic design phase of the project and made an integral part of the design team. Contracts for
the CM services consist of two phases. The first phase of the contract 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. Pre - construction services shall include
value engineering, scheduling, constructability analyses, etc., and the development of a
Guaranteed Maximum Price (GMP). If the GMP is accepted, the second phase (the construction
phase) is implemented. During the construction phase the CM ceases to be the agent of the City,
becomes the single point of responsibility for performance of construction contract for the
project, and functions in the role of an independent contractor, publicly bidding trade contracts.
The following are the basic steps to be followed to select a CM:
• Place legal advertisement.
• Distribute to respondents "Construction Manager Qualification Questionnaire ".
• Appoint a Certification and Selection Committee.
• Develop selection criteria and assign weights, establish criteria for interview questions.
• Receive submittals.
• Review all submittals for completeness.
• Develop the short list based on the selection criteria and their assigned weight.
• Conduct videotaped interviews of the short listed applicants.
• Recommend to the City Commission a minimum of three applicants in order of preference.
• City Commission approves the final ranking and authorizes the Administration to start
negotiating a contract.
• Start negotiation with the first ranked applicant and follow the requirement of the applicable
statutes.
• Request City Commission approval of the negotiated agreement.
• Execute the agreement.
ATTACRAfor 3
CITY OF SOUTH MIAMI
INTEROFFICE MEMORANDUM
To: Charles D. Scurr, City Manager
From: Subrata Basu, ACM/ Community Development Director
Subject: Construction Manager Selection Committee/ Multipurpose Center Phase 2
Date: 04/16/2001
It is recommended that you make the following appointments for the upcoming
Competitive Selection process for Multipurpose Center Phase 2.
Joint Certification and Selection Committee
Subrata Basu,`AIA, AICP, Asst. City Manager/ Community Development Director
Ajibola Balogun, Director of Engineering and Construction
Rudy de la Torre, Building Maintenance Supervisor
Tom Carlson, AIA, MCHarry & Associates /Architect of Record
David W. Sweet, Contracts Officer, Office of Community & Economic Development
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 three 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.
O ..
Approved: Charles D. Scurr, City Manager
Construction Manager Short List Worksheet
Multipurpose Center Phase II
Evaluated by:
Applicant's Name:
ATl woyw ' 4
Total Score:
Related Experience (25 points) (please refer to question 5 of the Qualification Questionnaire)
Comments:
Score:
Experience and Ability (25 points) (please refer to questions 3, 6, 7 and 8 of the Qualification Questionnaire)
Comments:
Score:
Services (15 points) (please refer to question 9 of the Qualification Questionnaire)
Comments:
Score:
Cost/ Quality control (15 points) (please refer to questions 10 and 11 of the Qualification Questionnaire)
Comments:
Score:
Construction Manager Shortlist Worksheet
Page 2 of 2
Scheduling (10 points) (please refer to question 12 of the Qualification Questionnaire)
Comments:
Score:
Minority Participation (10 points) (please refer to questions 13 and 14 of the Qualification Questionnaire)
Comments:
Score:
Additional Comments:
Evaluator's Initial:
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• INCORPORATED
19.27
.+fit p 111
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12, 2001
and City Commission
From: Charles Scurr Re: Agenda Item
City Manager aae Board Appointment to Community Relations
REOUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARK HEBERT TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM
ENDING JUNE 12, 2003 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina re- appoints Mark Hebert to the
Community Relations Board. The term of this appointment shall expire June 12, 2003.
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; RE- APPOINTING MARK HEBERT TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING
JUNE 12, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED
AND QUALIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Mayor and Commission 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, Ordinance No. 11 -98 -1659 re- established the
Community Relations Board [CRB] and broadened its duties to
include fostering mutual understanding, tolerance and respect
among all economic, social, religious, sexual orientation, people
with special needs, age and ethnic groups in the City; and
WHEREAS, the city Commission desires to appoint individuals
who have expressed an interest and have demonstrated a leadership
role in their own groups.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby re- appoints Mark
Hebert to serve on the Community Relations Board.
Section 2. The expiration date of this appointment shall
expire June 12, 2003 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 , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina•
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Apr 27 01 11:5Ga Estella Arias 305- 460 -5050 p.l
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: /" i
(Please print)
2. Home Address: &0-30 S-0 (03 -Ave
3. Business Address: A"C-0to AE
4. Home Phone No. 4 (Ow 2L as Business Phone No 3 L(w Sv
5. Education Background:
M•7 CL AA 61S �� ,• fi e\ �-f �
6. Community Service: Ci - `
8. Are you a registered voter? Yes x No
9. Are you a resident of the City? Yes y No
10. Do you have a business in the City? Yes No V
11. Ethnic Origin?
,r rgfo American African American Hispanic American_ Other
47AA,Cv
Signature
Revised 212000
Date 2'1 Apo
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
50UT
U
Mb-
• INCORPORATED
1927
0 RI9
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12, 2001
and City Commission
From: Charles Scurr Re: Agenda Item
City Manager "f Board Appointment to Parks& Rec.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ANDREA CLEMENT TO SERVE ON
THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A
TWO YEAR TERM ENDING JUNE 12, 2003 OR UNTIL A SUCCESSOR
IS DULY APPOINTED AND QUALIFIED.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina appoints Andrea Clement to the Parks &
Recreation Cultural Affairs Board. The term of this appointment shall expire June 12, 2003.
RECOMMENDATION
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING ANDREA CLEMENT TO SERVE ON THE
PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO
YEAR TERM ENDING JUNE 12, 2003 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED.
WHEREAS, The Mayor and Commission 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;
WHEREAS, the city Commission desires to appoint Andrea Clement to serve on the
Parks & Recreational Cultural Affairs Advisory Board for a two -year terms ending June 12, 2003
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. That the City Commission hereby appoints Andrea Clement to serve on the
Parks & Recreational Cultural Affairs Advisory Board.
Section 2. The expiration date of appointments shall expire June 12, 2003 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 , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
MAY
21
2001
15:29
FR MIAMI
ART MUSEUM 305
375 1725 TO
993056636349
P.01i01
SENT
BY:
CITY OF
SOUTH
MIAMI;
3056636348;
MAY-lb-U1
4; DO p- I1,11, r.u=
uc
CITY OFSOUT9MIAMI ROARDICOMMITTEE APPLICATION
6130 Sansei Drive Phone Na 305- 663 -6340
South Miami, FI 33143 i Fax Na 305-60 -4348
1_ Name: _ print)
2. Home Address: tp 1_ 0 S w / Z SJ f Ye 3 S
3. Business Address M iaml
4.
S.
6,
9.
10.
Home Phone No. 365' 6& Z ' yQJ-S
. r(a.afer Sf. 33136
Business Phone No. .3a5' 37.5 3 010 6
Community Service:
_ �, 04
Are you a registered voter? Yes No
Are you a resident of the City? Yes No
Do you have a business in the City? Yes No X
11. Ethnic Origin'
Ang10 American l African American _ Hispanic American Other
Signatur Date
Applicant
<CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER- OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor Date: June 5, 2001
and City Commission
FROM: Charles Scurr Re: Agenda Item # 9
City Manager Comm. Mtg. June 12, 2001
Special Operations and
Investigations by the Police
Department.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXPEND AN AMOUNT NOT TO EXCEED $25,000 FROM ACCOUNT #615-
1910 -521 -4960 (FEDERAL FORFEITURE) FOR SPECIAL OPERATIONS AND
INVESTIGATIONS BY THE POLICE DEPARTMENT.
BACKGROUND AND ANALYSIS
The Police Department is continually engaged in activities which are designed to improve
the quality of life for the citizens of South Miami as well as tackling diverse issues such as
money laundering and narcotics trafficking. These funds will enable the Department to
not only continue with their activities but move them to an even greater level of expertise.
The approval of this resolution continues the activities authorized by prior resolution
which have benefited our community through successful and ongoing investigations.
RECONIlVIENDATION
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO
EXCEED $25,000 FROM ACCOUNT #615- 1910 - 521- 4960
(FEDERAL FORFEITURE) FOR SPECIAL OPERATIONS AND
INVESTIGATIONS BY THE POLICE DEPARTMENT.
WHEREAS, the City of South Miami is committed to maintaining the highest
quality of life for it's citizens; and
WHEREAS, the Police Department engages in certain special investigations which
sometimes necessitate the expenditure of funds; and
WHEREAS, the requested expenditure is a lawful use under the Attorney
General's Guidelines on Federal Forfeiture; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to disburse a sum not to exceed
$25,000 from account #615 - 1910 -521 -4960 (Federal Forfeiture) for special operations
and investigations by the Police Department.
Section 2. That this resolution be effective immediately after adoption hereof.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
m% WA9J
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: Honorable Mayor, Vice Mayor Date: June 4, 2001
and City Commission
FROM: Charles Scurr, Re: Agenda Item# 9
City Manager Comm. Mtg. June 12, 2001
Mutual Aid Agreement
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF
FLORIDA CITY POLICE DEPARTMENT, ON BEHALF OF THE CITY OF
SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225
(3), FLORIDA STATUTES.
BACKGROUND AND ANALYSIS
Florida State Statutes (Chapter 23) authorize the governing body of municipalities to
empower the chief executive officer of the municipality to enter into agreements for shared
law enforcement services in times of specific need.
This agreement allows the Police Department to draw upon resources in furtherance of the
law enforcement mission, including personnel and equipment, as well as providing for
reciprocity.
RECONEVENDATION
Approval is recommended.
CS /gf/sh
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MUTUAL AID
AGREEMENT WITH THE CITY OF FLORIDA CITY POLICE
DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI
POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3),
FLORIDA STATUTES.
WHEREAS, Chapter 23, Florida Statutes, the Florida Mutual Aid Act,
requires the authorization by the governing body of the municipality before a
Mutual Aid Agreement may be entered into by the Mayor or the chief executive
officer of the municipality on behalf of a law enforcement agency; and
WHEREAS, there is the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and man -made
conditions which are or are likely to be beyond the control of the services,
personnel; equipment or facilities of the City of South Miami and/or the
aforementioned entity; and
WHEREAS, to meet the responsibility of the respective governments to
ensure the public safety of their citizens by providing adequate levels of police
services, preparation must be ensured to protect the public peace and safety and to
preserve the lives and property of the people in the listed jurisdictions; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager of the City of South Miami is authorized to
enter into a Mutual Aid Agreement in a form acceptable to the City Attorney, with
the City of Florida City Police Department on behalf of the City of South Miami
Police Department pursuant to Section 23.1225 (3), Florida Statutes.
Section 2. That this resolution be effective immediately after adoption
hereof.
Page 1 of 2
42 PASSED AND ADOPTED this day of , 2001.
43
44 ATTEST: APPROVED:
45
46
47
48 CITY CLERK - - -
49
50
51 READ AND APPROVED AS TO FORM:
52
53
54
55
56
57
58 CITY ATTORNEY
59
60
Paget of 2
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
To: Honorable Mayor Date: June 5, 2001
and City Commission 0
Subject: Meeting From: Charles Scum � g 6/12/01
City Manager Interlocal Agreement with the
SMCRA for the lease- purchase
of a TranShuttle Vehicle
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY FOR THE
PURCHASE AND OPERATION OF A TRANSHUTTLE VEHICLE, PROVIDING
FOR THE CITY TO BE THE LESSEE OF A LEASE- PURCHASE AGREEMENT,
PROVIDING FOR A REPAYMENT SCHEDULE, AND PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
On March 5, 2001, the South Miami Community Redevelopment Agency ( SMCRA) Board approved
a resolution authorizing the Executive Director to execute a lease- purchase agreement with the
Municipal Services Group for the purchase of a TranShuttle vehicle from Florida Transportation
Systems, Inc. pursuant to a state contract. Per the proposed lease - purchase agreement, the SMCRA
would have made a down payment of approximately $48,000 upon receipt of the vehicle and five
annual payments of approximately $14,000.
As the Municipal Services Group completed certification - of the agreement, however, they voiced a
concern regarding the relative youth of the Agency. Consequently, the Municipal Services Group
requested that the lease - purchase agreement be completed through the City of South Miami.
The attached resolution and interlocal agreement provide for the lease- purchase agreement to be
conducted through the City. All other terms remain the same. Therefore, the j City will be the
"Lessee" and the SMCRA will simply reimburse the City for expenses incurred from the lease -
purchase agreement.
The proposed interlocal agreement was approved by the SMCRA Board on June 4, 2001. !
RECOMMENDATION
Your approval is recommended.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY FOR THE PURCHASE AND OPERATION OF
A TRANSHUTTLE VEHICLE, PROVIDING FOR THE CITY TO BE THE
LESSEE OF A LEASE- PURCHASE AGREEMENT, PROVIDING FOR A
REPAYMENT SCHEDULE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami (City) has created a South Miami Community
Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and
WHEREAS, the City and the SMCRA desire to have executed an interlocal agreement
providing for SMCRA budgeted funds to be applied toward transportation services pursuant to
the South Miami Community Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to execute an Interlocal Agreement with
the South Miami Community Redevelopment Agency in substantially the form attached as
Exhibit "1."
Section 2. The City Manager is authorized to execute a lease- purchase agreement for
the purchase of a TranShuttle Vehicle in substantially the form attached as Exhibit "2."
Section 3. Pursuant to the Interlocal Agreement, the SMCRA shall reimburse the City
for any expenditures resulting from the lease - purchase agreement within thirty days.
Section 4. This resolution shall be effective upon adoption.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
DRAFT-
4/17/01
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (Agreement) is made this
day of , 2001, between the City of South Miami, Florida, a
municipal corporation (City) and the South Miami Community Redevelopment Agency, an
agency created pursuant to Chapter 163, Florida Statutes (Agency).
WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida
(Board) adopted Resolution No. R- 1374 -96 on December 3, 1996, which, among other things,
declared that a slum or blighted area existed in a geographic area, described generally as
bounded by S.W. 62nd Avenue on the West, S.W. 62nd Street on the North, S.W. 570 Avenue on
the East and S.W. 72nd Street on the South, (Redevelopment Area), determined that it was
necessary to redevelop the Redevelopment Area in accordance with the provisions of Part III of
Chapter '163, Florida Statutes (Act), and delegated to the City Commission of the City of South
Miami, Florida (City Commission) the authority to exercise the redevelopment powers conferred
upon the Board within the Redevelopment Area in accordance with the Act to enable the City
Commission to declare the need for, create and delegate powers to a community redevelopment
agency and to initiate, prepare and adopt a plan of redevelopment for final approval by the
Board; and
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633 enacted on
April 15, 1997, accepted a delegation of powers from the Board, found a need for and created the
Agency, declared the members of the City Commission to be members of the Agency, granted
the Agency the power to exercise all powers permitted by the Act which were delegated by the
Board to the Agency and directed the initiation, preparation and adoption of a community
redevelopment plan by the Agency; and
WHEREAS, Chapter163, Florida Statutes, provides for the provision of community-
oriented services; and
WHEREAS, the City and the Agency wish to enter into this Agreement in order to
provide for the purchase of the TranShuttle vehicle.
NOW, THEREFORE, the City and the Agency agree as follows:
Section 1. The City has approved a lease- purchase agreement on behalf of the Agency
for the purchase of a TranShuttle vehicle. The amount of funding provided by the City for this
purpose shall not exceed $118,000.
Section 2. The Agency shall repay the City for all payments made pursuant to the lease-
purchase agreement within thirty days of such payment.
Section 3. This Agreement may be amended only by written agreement signed by the
City and the Agency.
Section 4. This Agreement shall be effective upon execution of the parties and shall be
subject to any required review and approval by Miami -Dade County.
IN WITNESS WHEREOF, the parties executed this Agreement this day of
2001.
CITY OF SOUTH MIAMI, FLORIDA SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY
By: By:
City Manager Executive Director
ATTEST: ATTEST:
By: By:
City Clerk Secretary
APPROVED AS TO FORM APPROVED AS TO FORM
City Attorney General Counsel
2
Jun 01 01 05:01p HS&W, PC 303 -298 -0904 p.3
et l� �t
Municipal Services Group, Inc.
5125 S. Kipling Parkway -Suite 300
Littleton, CO 80127
1- 800 - 530 -3100
Fax 303 -933 -9991
Lease Purchase Agreement
LESSEE: City of South Miami
AGREEMENT #S628
This Agreement is a binding contract between Municipal Services Group, Inc. (MSG) and the lessee (you).
1. The Agreement. In executing this Agreement, you agree to rent the equipment described in Exhibit B
(the Equipment). Exhibit B also sets forth the terms of the Agreement, including the commencement (or
"Dated ") date, which is the date when the term begins and your obligation to pay rent accrues. Rental
payments should be paid to MSG as instructed, and must be paid only out of legally available funds. A
portion of each rental payment represents interest, as shown on Exhibit B, and Exhibit B reflects an interest
rate included in the rental payments. In order to maintain that interest rate, you must comply with the tax
covenants described below and file or cause to be filed informational federal tax Form 8038 G or, if
applicable, Form 8038 GC. If not; each rental payment will be increased to compensate for the loss of the
tax exemption status which was assumed in the initial interest rate. This form is included as a Supplement
to the Agreement and will be filed by MSG. These are informational returns only and will not require you
to pay a tax. This Agreement will automatically be renewed for each renewal term, unless it is terminated
because of Section 11.
2. The Obligation to Make Payments. The initial term of the Agreement terminates on the last day of
your then current fiscal year, and the term will automatically be renewed at the end of the initial term or
any renewal term for an additional one year unless you fail to appropriate sufficient funds for the rental
payments due in the next occurring term. Your obligation to make rental payments shall be absolute and
unconditional in all events, except in the event of non- appropriation. You agree to do everything lawfully
within your power to obtain the appropriation of funds for making rental payments under this Agreement,
including, for example, providing for rental payments in each budget submitted for approval,
recommending the approval of that portion of the budget and exhausting all legal remedies available if that
portion of the budget is not approved. If the funds sufficient to pay rent for any rental term are not
appropriated, you must give MSG prompt notice, and MSG may terminate thisAgreement. Termination
will be effective at the end of the last rental term for which the rent has been paid. You represent that your
obligations under this Agreement will not violate any limitation on your creation of indebtedness under the
laws of your state.
3. The Equipment. You agree and acknowledge that (i) you have selected the Equipment to be acquired by
MSG and rented to you, (ii) the Equipment is, and during the period of this Agreement shall remain,
personal property, (iii) the Equipment will have a useful life in your hands that is substantially in excess of
the initial term and all renewal terms of this Agreement, and (iv) you do not intend to sell, or otherwise
dispose of, the Equipment during the term of the Agreement except as specifically herein provided. You
may contact the seller of the Equipment directly, as MSG's agent, to effect the acquisition of the
Equipment. When you accept the Equipment, you must deliver to MSG an Acceptance Certificate in the
form of attached Exhibit D. MSG may establish an escrow account into which it will deposit sufficient
funds to acquire the Equipment.
4. Title to the Equipment; Power of Attorney. During this Agreement, you will have title to the
Equipment, unless you default, or unless you sublease the Equipment as provided I Section 14.You agree to
surrender possession of any title certificates into the hands of MSG to be held by MSG until such time that
you exercise your rights pursuant to Section 5. If you default or non - appropriate, you agree to transfer title
and possession of the Equipment to MSG. To facilitate this transfer, you agree to execute and deliver to
Jun 01 01 05 :01p HS&W, PC 303 - 298 -0904 p•4
MSG, when you receive the Equipment, a Power of Attorney for each title certificate. After you have paid
to MSG all amounts due hereunder, MSG shall return the title certificates and Power(s) of Attorney to you.
5. Option to Purchase at any Time. You may elect to purchase for cash all (and only all) of the
Equipment at any time by paying the applicable purchase price plus accrued interest, if applicable, as
shown in Exhibit B.
6. Responsibilities for Repair and Maintenance. You agree to maintain the Equipment in good condition
and make all necessary repairs and replacements at your expense. You agree to maintain a maintenance log
for the Equipment and permit MSG to inspect the Equipment and the log(s). You must have the Equipment
serviced and repaired at your expense when servicing or repair is required within intervals not exceeding
125% of those recommended in the owner's manual(s).
7. Tax Covenants. You will not make or direct any use of the proceeds of the obligation provided herein or
any other funds which will cause such obligation to be an "arbitrage bond" within the meaning of Section
148 of the federal tax code (the "Code "), to be "federally guaranteed" within the meaning of Section 149 of
the Code, or to be a "private activity bond" within the meaning of Section 141(a) of the Code. To that end,
so long as any rental payments are unpaid, you, with respect to such proceeds and such other funds, will
comply with all requirements of such Code sections and all regulations of the United States Department of
the Treasury issued thereunder to the extent that such requirements are, at the time, applicable and in effect.
Furthermore, to the extent applicable pursuant to Section 148(f) of the Code, you covenant to complete or
cause to be completed all reporting requirements and rebate all positive arbitrage to the United States of
America. You covenant that the Equipment will be used only for the purpose of performing one or more
governmental or proprietary functions, and the Equipment will not be used in a trade or business of any
person or entity other than you or the sublesee specified herein on a basis different from the general public.
You will not use or permit the use of the Equipment by any person for a "private business use" within the
meaning of Section 141(b) of tile Code in such manner or to such extent as would result in the, inclusion of
interest received hereunder in gross income for federal income tax purposes under Section 103 of the Code.
The parties will cooperate in performing all act s and things legally required or desirable in order to assure
that the interest component of the rental payments will not be included in the gross income of MSG or its
assigns for federal income tax purposes.
$;. Your Risk of Loss or Damage. Upon receipt of the Equipment, you agree to bear all risk of loss,
damage, destruction or theft. You must maintain insurance of the types and in at least the amounts shown
on Exhibit C, directing your insurance company to give MSG a certificate showing MSG as lender loss
payee and an additional named insured, If you do not maintain the required insurance, MSG may obtain it
and charge you for it. You must give MSG prompt notice of (1) the loss, theft, or destruction of any part of
the Equipment, (2) any damage to the Equipment exceeding $500, or (3) any claim arising out of the
ownership, maintenance, storage or use of the Equipment. The parties will cooperate in deciding if
insurance proceeds will be applied to the repair of the Equipment or to its purchase price. If MSG receives
insurance proceeds exceeding the amount of the purchase price shown on Exhibit B, plus interest, or the
amount required to complete the work, MSG will forward the excess proceeds to you.
9. Indemnification. Except for the intentional or negligent acts of MSG arising out of entering into this
Agreement, including any misstatement of material fact, i.nconnection with any transfer of this Agreement,
because you have selected the Equipment for your use and purposes, and because you operate and maintain
the Equipment, you agree, to the extent permitted by the laws of your state, to indemnify MSG against any
and all loss, damage, injury, claims, taxes (excluding MSG's income taxes), fees, fines, penalties, and
expenses (including reasonable legal fees and expenses) of every kind that relate to the use, operation,
ownership, condition or maintenance of the Equipment. Your obligation to indemnify MSG will continue
after termination of the Agreement as to all matters except those which arise from MSG's (or anyone MSG
sells or re- leases the Equipment to) use, operation, ownership, condition or maintenance of the Equipment
following termination.
10. Warranty. MSG MAKES NO EXPRESS OR IMPLIED WARRANTIES CONCERNING THE
EQUIPMENT, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SUITABILITY, OR
Jun 01 01 05:01p HS &W, PC 303 -298- 0904 P.5
FITNESS FOR A PARTICULAR USE. THIS SECTION IN NO EVENT IS INTENDED TO AFFECT
THE WARRANTIESOR REPRESENTATIONS CONTAINED IN ANY CONTRACT ENTERED INTO
FOR THE ACQUISITION OF THE EQUIPMENT.
11. Termination. This Agreement will terminate: (1) upon payment of all amounts due hereunder by you
to MSG; (2) at the time and for the reason set forth in Section 2;(3) if you have returned the Equipment and
paid all amounts due through the end of the term then in effect, including interest, (4) upon your purchase
of the Equipment under Section 5 and your payment of all amounts due, (5) at MSG's option if you default
as described in Section 12, and (6) if all or any portion of the Equipment has been lost, stolen or damaged
beyond repair, upon MSG's receipt of insurance proceeds covering the purchase price of the lost, stolen or
damaged Equipment. When this Agreement terminates, if you have not paid to MSG all amounts due
hereunder, you must, at your expense, return the Equipment you have not purchased to MSG at the address
specified by MSG, in as good condition as when you received it, ordinary wear excepted. You must remove
all signs and markings and make all repairs (other than for ordinary wear) requested by MSG. If you do not,
MSG may do so and charge you for it. No prepaid interest will be rebated to you upon termination.
12. Default. You will be in default if you fail to perform any agreement of yours in this Agreement or any
of your representations are found to be false or misleading. If any such default occurs, MSG, without notice
or demand, may declare this Agreement in default and declare all amounts eligible or actually appropriated
for rental payments under this Agreement to be immediately due and payable. Equipment must then be
returned to MSG (at address specified by MSG) at your expense, and the Equipment and all your rights
therein shall be deemed surrendered to MSG. Upon declaration of default, MSG may repossess the
Equipment with or without process of law, and for the purposes may enter upon any of your premises or
others' premises, wherever the Equipment may be found, without liability therefor. MSG may recover from
you any unpaid amounts due or to become due for the rest of the rental term, together with all expenses
including reasonable attorney' fees and legal expenses (to the extent permitted by law) incurred by MSG to
enforce its rights. The repossession and sale of the Equipment shall not affect MSG's right to recover from
you all damages which MSG has suffered because of your breach. MSG may sell or re -lease the Equipment
with or without advertisement, at public or private sale or leasing, without notice to you, free of any of your
interest, without any duty to account to you for MSG's actions or inaction or for any sale or -re -lease
proceeds. The proceeds of any sale or re -lease will be applied in the following order: (1) to the expenses
(including reasonable attorney's fees) associated with the default, repossession and restoration of title to
MSG; (2) to the purchase price; and (3) if any proceeds remain, to you. If MSG is unable to repossess any
Equipment after a default, the Equipment shall be deemed to have suffered a total loss compensable under
Section 8. MSG may also enforce your performance of your covenants or recover damages for the breach
of those covenants. MSG's rights and remedies in this section are not exclusive but are cumulative and in
addition to'all other rights and remedies that MSG has at law or in equity.
13. Liens. This Equipment must be kept free of all liens and encumbrances at all times, provided that the
Equipment may be subject to a sublease as provided in Section 14 hereof..
14. Limitation on Assignment. The assignment or sublease of this Agreement or any interest in it or the
Equipment without MSG's prior written consent is prohibited, except as provided in this Section 14. In no
event may you assign or sublet this Agreement or any interest in it or the Equipment to a non- governmental
entity. MSG may assign or sell its interest under this Agreement, in whole or in part, without your consent,
but the assignment will not be effective until you have received notice disclosing the name and address of
assignee, Bt execution hereof, MSG specifically hereby consents to the execution by you of a Sublease
Agreement with the City of South Miami Community Redevelopment Agency, in form and substance
substantially similar to this Lease. Such sublease may not be amended or assigned without the express
written consent of MSG. By execution hereof, you hereby assign to MSG all payments under such Sublease
Agreement, to secure payment by you of the rental payments hereunder. You hereby appoints MSG as your
attorney -in -fact, with full authority in your place and stead and in your name or otherwise, from time to
time in MSG's discretion to take any action and to execute any instrument that MSG may deem necessary
or advisable to accomplish the purposes of the assignment in this Section 14, including, without limitation,
to receive, endorse and collect all instruments made payable to you under the Sublease Agreement.
Jun 01 01 05:01p HS&W, PC 303- 298 -0904 P.6
15. Late Charges. If you do not pay rental payments due under this Agreement on their due date, you must'
pay a late charge of $25.00 plus an additional finance charge. The finance charge accrues on the applicable
rental payment amount at the rate equal to the lesser of (i)12% or (2) the highest rate allowed by law.
16. Exhibits. All Exhibits and Supplements attached hereto are part of this Agreement, incorporated herein
by reference, and must be executed by you.
17. Other Terms. This Agreement constitutes the entire agreement between the parties as to the subject
matter it covers and may not be changed except by a written agreement signed by you and MSG. If any part
of this Agreement is or becomes invalid, illegal, or unenforceable, such invalidity, illegality, or
unenforceability will not affect the other or remaining provisions hereof This Agreement and all rights and
actions arising under it shall be governed by the laws of the state of Florida. No waiver, consent,
modification or change of terms of this Agreement shall bind either party unless in writing signed by both
parties, and then such waiver, consent, modification or change shall be effective only in the specific
instance and for the specific purpose, given. This Agreement may be executed in several counterparts. All
notices must be addressed tithe parties at their addresses shown on Exhibit B, or at another address
specified by either party in writing.
Opinion of Lessee's Counsel to Municipal Services Group, Inc.: The foregoing Lease Purchase
Agreement has been duly authorized and executed and is legal, valid and binding.
ATTORNEY FOR LESSEE:
Signature:
Name(Please print):
Name & Address of Firm:
LESSEE: City of South Miami
BY:
Title:
Date:
C LESSOR: Municipal Services Group, Inc.
BY:
Title:
This Agreement is a binding contract between the City of South Miami (the "Lessor ") and the lessee (you)
1. The Agreement. The Lessor has executed a Lease Agreement with Municipal Services Group, Inc. ( "MSG ") with respect
to the equipment described in Exhibit ,B (the Equipment). In executing this Agreement, you agree to rent the Equipment from
the Lessor. Exhibit B also sets forth the terms of the Agreement, including the commencement (or "Dated ") date, which is the
date when the term begins and your obligation to pay rent accrues. Rental payments from you have been assigned to MSG,
and should be paid to MSG as instructed, and must be paid only out of legally available funds. Aportion of each rental
payment represents interest, as shown on Exhibit B, and Exhibit B reflects an interest rate included in the rental payments. In
order to maintain that interest rate, you must comply with the tax covenants described below and file or cause to be filed
informational federal tax Form 8038 G or, if applicable, Form 8038 GC. If not, each rental payment will be increased to
compensate for the loss of the tax exemption status which was assumed in the initial interest rate. This form is included as a
Supplement to the Agreement and will be filed by MSG. These are informational returns only and will not require you to pay a
tax. This Agreement will automatically be renewed for each renewal term, unless it is terminated because of Section 11.
2. The Obligation to Ntake Payments. The initial term of the Agreement tenninates on the last day of your then current fiscal
year, and the term will automatically be renewed at the end of the initial term or any renewal term for an additional one year
unless you fail to appropriate sufficient funds for the rental payments due in the next occurring term. Your obligation to make
rental payments shall be absolute and unconditional in all events, except in the event of non - appropriation. You agree to do
everything lawfully within your power to obtain the appropriation of funds for making rental payments under this Agreement,
including, for example, providing for rental payments in each budget submitted for approval. recommending the approval of
that portion of the budget and exhausting all legal remedies available if that portion of the budget is not approved. If the funds
sufficient to pay rent for any rental tern are not appropriated, you must give Lessor and MSG prompt notice, and MSG, on
Lessor's behalf, may terminate this Agreement. Termination will be effective at the end of the last rental term for which the
rent has been paid. You represent that your obligations under this Agreement will not violate any limitation on your creation
of indebtedness under the laws of your state.
3. The Equipment. You agree and acknowledge that (i) you have selected the Equipment to be acquired by MSG and rented
to you, (ii) the Equipment is, and during the period of this Agreement shall remain, personal property, (iii) the Equipment will
have a useful life in your hands that is substantially in excess of the initial term and all renewal terms of this Agreement, and
(iv) you do not intend to sell, or otherwise dispose of, the Equipment during the term of the Agreement. You may contact the
seller of the Equipment directly, as MSG's agent, to effect the acquisition of the Equipment. When you accept the Equipment,
you must deliver to MSG an Acceptance Certificate in the form of attached Exhibit D. MSG may establish an escrow account
into which it will deposit sufficient funds to acquire the Equipment.
4. Title to the Equipment; Power of Attorney. During this Agreement, you will have title to the Equipment, unless you
default. You agree to surrender possession of any title certificates, into the hands of MSG to be held by MSG until such time
that you exercise your rights pursuant to Section 5 If you default or non - appropriate, you agree to transfertitle and possession
of the Equipment to Lessor or, if directed by MSG, to MSG. To facilitate this transfer, you agree to execute and deliver to
MSG, when you receive the Equipment, a Power of Attorney for each title certificate. After you have paid to MSG all amounts
due hereunder, MSG shall return the title certificates and Power(s) of Attorey to you.
5. Option to Purchase at any Time. You may elect to purchase for cash all (and only all) of the Equipment at any time by
paying the applicable purchase price plus accrued interest, if applicable, as shown in Exhibit B.
6. Responsibilities for Repair and Maintenance. You agree to maintain the Equipment in good condition and make all
necessary repairs and replacements at your expense. You agree to maintain a maintenance log for the Equipment and permit
MSG to inspect the Equipment and the log(s). You must have the Equipment serviced and repaired at your expense when
servicing or repair is required within intervals not exceeding 125% of those recommended in the owner's manual(s).
7. Tax Covenants. You will not make or direct any use of the proceeds of the obligation provided herein or any other funds
which will cause such obligation to be an "arbitrage bond" within the meaning of Section 148 of the federal tax code (the
"Code "), to be "federally guaranteed" within the meaning of Section 149 of the Code, or to be a "private activity bond" within
the meaning of Section 141(a) of die Code. To that end, so long as any rental payments are unpaid, you, with respect to such
proceeds and such other funds, will comply with all requirements of such Code sections and all regulations of the United
States Department of the Treasury issued thereunder to the extent that such requirements are, at the time, applicable and in
effect. Furthermore, to the extent applicable, pursuant to Section 148(0 of the Code, you covenant to complete or cause to be
completed all reporting requirements and rebate all positive arbitrage to the United States of America. You covenant that the
Equipment will be used only for the purpose of performing one or more of your governmental or proprietary functions, and the
Jun 01 01 05:03p HS &W, PC 303 -298 -0904 p.8
Equipment will not be used in a trade or business of any person or entity other than you on a basis different from the general
public. You will not use or permit the use of the Equipment by any person for a "private business use" within the meaning of
Section 141 (b) of the Code in such manner or to such extent as would result in the inclusion of interest received hereunder in
gross income for federal income tax purposes under Section 103 of the Code. The parties will cooperate in performing all act s
and things legally required or desirable in order to assure that the interest component of the rental payments will not be
included in the gross income of MSG or its assigns for federal income tax purposes.
8. Your Risk of Loss or Damage. Upon receipt of the Equipment, you agree to bear all risk of loss, damage, destruction or
theft. You must maintain insurance of the types and in at least the amounts shown on Exhibit C, directing your insurance
company to give MSG a certificate showing MSG as lender loss payee and an additional named, insured. If you do not
maintain the required insurance, MSG may obtain it and charge you for it. You must give MSG prompt notice of (1) the loss,
theft, or destruction of any part of the Equipment, (2) any damage to the Equipment exceeding S500, or (3) any claim arising
out of the ownership, maintenance, storage or use of the Equipment. The parties will cooperate in deciding if insurance
proceeds will be applied to the repair of the Equipment or to its purchase price. If MSG receives insurance proceeds exceeding
the amount of the purchase price shown on Exhibit B, plus interest, or the amount required to complete the work, MSG will
forward the excess proceeds to you.
9. Indemnification. Because you have selected the Equipment for your use and purposes, and because you operate and
maintain the Equipment, you agree, to the extent permitted by the laws of your state, to indemnify MSG against any and all
loss, damage, injury, claims, taxes (excluding MSG's income taxes), fees, fines, penalties, and expenses (including reasonable
legal fees and expenses) of every kind that relate to the use, operation, ownership, condition or maintenance of the Equipment.
Your obligation to indemnify MSG will continue after termination of the Agreement as to all matters except those which arise
from MSG's (or anyone MSG sells or re- leases the Equipment to) use, operation, ownership, condition or maintenance of the
Equipment following termination.
10. Warranty. NEITHER LESSOR NOR MSG MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING
THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A
PARTICULAR USE. TATS SECTION iN NO EVENT 1S INTENDED TO AFFECT THE WARRANTIESOR
REPRESENTATIONS CONTAINED IN ANY CONTRACT ENTERED INTO FOR THE ACQUISITION OF THE
EQUIPMENT.
11. Termination. This Agreement will terminate: (1) upon payment of all amounts due hereunder by you to Lessor or its
aligns; (2) at time and for the reason set forth in Section 2;(3) if you have returned the Equipment and paid all amounts due
through the end of the term then in effect, including interest, (4) upon your purchase of the Equipment under Section 5 and
your payment of all amounts due, (5) at MSG's option if you default as described in Section 12, and (G) if all or any portion of
the Equipment has been lost, stolen or damaged beyond repair, upon MSG's receipt of insurance proceeds covering the
purchase price of the lost, stolen or damaged Equipment. When this Agreement terminates, if you have not paid to Lessor or
its assigns all amounts due hereunder, you must, at your expense, return the Equipment you have not purchased to MSG at the
address specified by MSG, in as good condition as when you received it, ordinary wear excepted. You must remove all signs
and markings and make all repairs (other than for ordinary wear) requested by MSG. If you do not, MSG may do so and
charge you for it. No prepaid interest will be rebated to you upon termination.
12. Default. You will be in default if you fail to perform any agreement of yours in this Agreement or any of your
representations are found to be false or misleading. If any such default occurs, MSG, without notice or demand, may declare
this Agreement in default and declare all amounts eligible or actually appropriated for rental payments under this Agreement
to be immediately due and payable. Equipment must then be returned to MSG (at address specified by MSG) at your expense,
and the Equipment and all your rights therein shall be deemed surrendered to MSG. Upon declaration of default, MSG may
repossess the Equipment with or without process of late, and for the purposes may enter upon any of your premises or others'
premises, wherever the Equipment may be found, without liability therefore. MSG may recover from you any unpaid amounts
due or to become due for the rest of the rental term, together with all expenses including reasonable attorney' fees and legal
expenses (to the extent permitted by taw) incurred by MSG to enforce its rights; The repossession and sale of the Equipment
shall not affect MSG's right to recover from you all damages which's has suffered because of your breach. MSG may sell or
re -lease the Equipment with or without advertisement, at public or private sale or leasing, without notice to you, free of any of
your interest, without any duty to account to you for MSG's actions or inaction or for any sale or re -lease proceeds: The
proceeds of any sale or re- lease, will be applied in the following order: (1) to the expenses (including reasonable attorney's
fees) associated with the default, repossession and restoration of title to MSG; (2) to the purchase price; and (3) if any
proceeds remain, to you. If MSG is unable to repossess any Equipment after a default, the Equipment shall be deemed to have
suffered a total loss compensable under Section S. MSG may also enforce your performance of your covenants or recover
damages for the breach of those covenants. MSG's rights and remedies in this section are not exclusive but are cumulative and
in addition to all other rights and remedies that MSG has at law or in equity.
13. Liens. This Equipment must be kept free of all liens and encumbrances at all times.
14. Limitation on Assignment. Lessor has assigned its rights in the Agreement to MSG, and by execution hereof you consent
to such assignment. Assignment or sublease of this Agreement or any interest in it or the Equipment without MSG's prior
written consent is prohibited. In no event may you assign or sublet this Agreement or any interest in it or the Equipment to a
Jun 01 01 05:04p HS&W, PC 303 -298 -0904 P.9
non - governmental entity. MSG, as assignee of Lessor, may assign or sell its interest under this Agreement, in whole or in part,
without your consent, but the assignment will not be effective until you have received notice disclosing the name and address
of assignee.
15. Late Charges. If you do not pay rental payments due under this Agreement on their due date, you must pay a late charge
of $25.00 plus an additional finance charge. The finance charge accrues on the applicable rental payment amount at the rate
equal to the lesser of (1) 12% or (2) tile highest rate allowed by law.
16. Exhibits. All Exhibits and Supplements attached hereto are part of this Agreement, incorporated herein by reference, and
must be executed by you.
17. Other Terms. This Agreement constitutes the entire agreement between the parties as to the subject matter it covers and
may not be changed except by a written agreement signed by you and Lessor. If any part of this Agreement is or becomes
invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect the other or remaining
provisions hereof. This Agreement and all rights and actions arising under it shall be governed by the laws of your state. No
waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both
parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the
specific purpose given. This Agreement may be executed in several counterparts. All notices must be addressed to the parties
at their addresses shown on Exhibit B, or at another address specified by either party in writing.
Opinion of Lessee's Counsel to Municipal Services Group, Inc.: The foregoing Sublease Agreement has been duly
authorized and executed and is legal, valid and binding.
ATTORNEY FOR LESSEE:
Signature:
Name (Please print):
Name & Address -of Finn:
LESSEE: City of South Miami Community Redevelopment Agency
BY:
Title:;
Date:
LESSOR: City of South Miami.
BY:
Title:
i
EXHIBIT B
TE&NIS
1. The Equipment which is the subject of the Lease Purchase Agreement is:
One (1) 2001 Bluebird CAFE2509 Transhuttle
2. Fixed Interest Rate: 5.47%
Provided all documents have been returned in a form acceptable to MSG within thirty days of the
Dated Date (the "Period "), the fixed interest rate will remain in effect during the Period. If all
documents have not been returned within the Period, MSG reserves the right to adjust and determine
a new fixed interest rate.
Dated Date: January 1, 2001
PMT PAYMENT PRINCIPAL INTEREST PURCHASE
# DATE PAYMENT PORTION PORTION PRICE
Due upon delivery
1 1 -
Jan -02
14,039.03
2 1 -
Jan -03
14,039.03
3 1 -
Jan -04
14,039.03
4 1 -
Jan -05
14,039.03
5 1 -
Jan -06
14,039.03
TOTAL 70,195.15
40,000.00
10,757.03
3,282.00
49,781.70
11,345.45
2,693.59
38,231.76
11,966.04
2,072.99
26,104.32
12,620.58
1,418.45
13,370.51
13,310.91
728.12
0.01
100,000.00 10,195.15
3. The physical address where the Equipment will be stored or housed will be:
4. Address of the Lessee, for notification purposes, is:
5. Address of Municipal Services Group, Inc., for notification purposes, is:
5125 South Kipling Parkway, #300
Littleton, Colorado 80127
LESSEE: City of South Miami Community Redevelopment Agency
By:
Title:
EXHIBIT C
INSURANCE COVERAGE REQUIREMENTS
1. In accordance with Section 8 of the Lease Purchase Agreement, we have instructed the insurance agent named below
(please fill in name, address, contact person, telephone and facsimile numbers)
to issue:
a. All Risk Physical Damage Insurance on the leased Equipment (as defined in the Agreement) evidenced by a Certificate
of Insurance and Long Form Lender Loss Payable Clause naming Lessor "and /or its assigns as Lender Loss Payee.
b. Public Liability Insurance evidence by a Certificate of Insurance naming "Lessor and /or its assigns" as an Additional
Insured.
Minimum Coverage Required:
$500,000.00 per person
$500,000.00 aggregate bodily injury liability
$300,000.00 property damage liability
•'
2. We are self-insured for all risk, physical damage, and public liability and will provide proof of such self - insurance in
letter form together with a copy of the statute authorizing this form of insurance.
us
3. Proof of insurance coverage will be provided to MSG prior to the time that the Equipment or Unit thereof is delivered to
LESSEE: City of South Miami Community Redevelopment Agency
Title:
EXHIBIT D
ACCEPTANCE CERTIFICATE
The undersigned, as Lessee under the Lease Purchase Agreement (the "Agreement ") numbered S628 with Municipal Services
Group, Inc., acknowledges receipt in good condition of the Equipment described in the Agreement this day of
and certifies that MSG has fully and satisfactorily performed all of its covenants and obligations required under
the Agreement.
Lessee confirms that it will commence payments in accordance with the terms of the Agreement.
The undersigned officer of the Lessee hereby reaffirms in all respects the provisions relating to arbitrage contained in the
Agreement, and represents that, to the best of his or her knowledge, information and belief, the expectations therein expressed were
reasonable as of the date on which they were made, and are reasonable as of this date, and that there were, and are as of this date, no facts,
estimates or circumstances other than those expressed therein that would materially affect the expectations expressed therein.
LESSEE: City of South Miami Community Redevelopment Agency
I=
Title:
To: Honorable Mayor Date: June 5, 2001
and City Commission
From: Charles Scurr Subject: Meeting 6/12/01 —�
City Manager Interlocal Agreement with the
SMCRA for the purchase of
5825 SW 68 Street
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY, AUTHORIZING A LOAN OF UP TO
$400,000 FOR THE PURCHASE OF 5825 SW 68TH STREET (MOBLEY
PROPERTY), PROVIDING FOR A REPAYMENT SCHEDULE AND AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
On March 5, 2001, the South Miami Community Redevelopment Agency ( SMCRA) Board
adopted Resolution Number CRA 7- 01 -56, approving a contract for sale and purchase of 5825
SW 68`' Street (the Mobley Property). In the staff memo attached to that resolution, staff
indicated that it would bring the financing agreement to a subsequent meeting and identified
the Florida League of Cities Florida Municipal Loan Council Program as the preferred
financing mechanism.
After working with the League and other lenders, SMCRA staff learned that there were
concerns over the relative youth of the Agency and that the lenders would prefer to execute
any financing agreements with the City and allow the City to pass the funding through to the
SMCRA.
The attached resolution and interlocal agreement would allow the City of South Miami to make
a loan of up to $400,000 to the SMCRA for the purchase of the Mobley Property. Staff
proposes to make the loan from the proceeds that it receives from its participation in the Loan
Council Bond Program. The SMCRA would be responsible for repayment of the $400,000
and any interest and /or loan fees that the City incurs on the loan made to the SMCRA.
The remaining balance on the purchase of the Mobley Property is $430,000. Thus, with the
$400,000 loan from the City, the SMCRA could utilize funding appropriated for land
acquisition in its FY 00 -01 Budget to successfully close the purchase of the Mobley Property.
The proposed resolution and interlocal agreement provide the SMCRA's most viable and cost
efficient option to successfully finance the purchase of the Mobley Property and would allow
us to work together to fully implement our Murray Park Master Plan. There is no significant
risk to the City because the only reason the SMCRA would default is if it ceased to exist, in
which case the City would receive increased tax revenues to cover the repayment schedule.
The proposed interlocal agreement was approved by the SMCRA Board on June 4, 2001.
I.»LK6Iulu1112107:74 SIGIN
Your approval is recommended.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY, AUTHORIZING A LOAN OF UP TO
$400,000 FOR THE PURCHASE OF 5825 SW 68TH STREET (MOBLEY
PROPERTY), PROVIDING FOR A REPAYMENT SCHEDULE AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (City) has created a South Miami Community
Redevelopment Agency ( SMCRA) pursuant to Chapter 163, Part III, Florida Statutes; and
WHEREAS, the City and the SMCRA desire to have executed an interlocal agreement
providing for SMCRA budgeted funds to be applied toward the purchase of this building and
property pursuant to the South Miami Community Redevelopment Plan. ,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to execute an Interlocal Agreement with
the South Miami Community Redevelopment Agency in substantially the form attached as
Exhibit "1."
Section 2. The City Manager is authorized to provide a loan up to $400,000 to the
South Miami Community Redevelopment Agency for the purchase of 5825 SW 68th Street
pursuant to the Interlocal Agreement.
Section 3. The South Miami Community Redevelopment Agency shall repay the City
of South Miami for the loan in four annual equal installment payments beginning in FY 01 -02.
Section 4. The four annual equal installment payments made by the South Miami
Community Redevelopment Agency shall include any interest and or loan fees that the City of
South Miami incurs as a result of its loan to the Agency.
Section 5. This resolution shall be effective upon adoption.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2001.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
7�Yrat (t� tr
4/17/01
INTERLOCAL COOPERATION AGREEMENT
DRAFT -
THIS INTERLOCAL COOPERATION AGREEMENT (Agreement) is made this
day of 2001, between the City of South Miami, Florida, a
municipal corporation (City) and the South Miami Community Redevelopment Agency, an
agency created pursuant to Chapter 163, Florida Statutes (Agency).
WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida
(Board) adopted Resolution No. R- 1374 -96 on December 3, 1 996, which, among other things,
declared that a slum or blighted area existed in a geographic area, described generally as
bounded by S.W. 62nd Avenue on the West, S.W. 62nd Street on the North, S.W. 57th Avenue on
the East and S.W. 72nd Street on the South, (Redevelopment Area), determined that it was
necessary to redevelop the Redevelopment Area in accordance with the provisions of Part III of
Chapter 163, Florida Statutes (Act), and delegated to the City Commission of the City of South
Miami, Florida (City Commission) the authority to exercise the redevelopment powers conferred
upon the Board within the Redevelopment Area in accordance with the Act to enable the City
Commission to declare the need for, create and delegate powers to a community redevelopment
agency and to initiate, prepare and adopt a plan of redevelopment for final approval by the
Board; and
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633 enacted on
April 15, 1997, accepted a delegation of powers from the Board, found a need for and created the
Agency, declared the members of the City Commission to be members of the Agency, granted
the Agency the power to exercise all powers permitted by the Act which were delegated by the
Board to the Agency and directed the initiation, preparation and adoption of a community
redevelopment plan by the Agency; and
WHEREAS, Chapter163, Florida Statutes, provides for the provision of community -
oriented services; and
WHEREAS, the City and the Agency wish to enter into this Agreement in order to
provide for the purchase of property in the Redevelopment Area.
NOW, THEREFORE, the City and the Agency agree as follows:
Section 1. The City shall fund money for the acquisition of property located at 5825
S.W. 68th Street, South Miami, Florida, such property to be titled in the Agency for purposes of a
City /SMCRA Multi - Purpose Center. The principal loan provided by the City for this purpose
shall be an amount not to exceed $400,000.
Section 2. The Agency shall repay the City for the acquisition in four annual equal
installment payments.
Section 3. This Agreement may be amended only by written agreement signed by the
City and the Agency.
Section 4. This Agreement shall be effective upon execution of the parties and shall
be subject to any required review and approval by Miami -Dade County.
IN WITNESS WHEREOF, the parties executed this Agreement this day of
, 2001.
CITY OF SOUTH MIAMI, FLORIDA SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY
By: By:
City Manager Executive Director
ATTEST: ATTEST:
By: By:
City Clerk Secretary
APPROVED AS TO FORM APPROVED AS TO FORM
City Attorney General Counsel
2
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager
REQUEST
r t "411/
Date: June 7, 2001
Agenda Item # 12,
Comm Mtg. 06 -12 -01
Re: Authorization to enter into Agreement
with Miami -Dade County for the Billing of
Stormwater charges.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MIAMI -DADE COUNTY FOR THE BILLING OF STORMWATER
CHARGES.
BACKGROUND:
With approved Ordinance No.: 26 -00 -1728 the City established Stormwater Utility program that
gives the City exclusive responsibilities for operations and maintenance of the stormwater utility
system using services charges. The attached recommended agreement between Miami -Dade
County and the City will allow Miami -Dade County Water and Sewer Department to bill the
residents the established service rates. The County shall then make payment to the City for
charges collected less the County's compensation for the billing and collection of said charges,
as established in the attached proposed agreement.
RECOMMENDATION:
It is recommended that the City Commission approve the execution of the agreement.
ATTACHMENTS:
❑ Proposed Agreement
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RESOLUTION No.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY
FOR THE BILLING OF STORMWATER CHARGES.
WHEREAS, the City Commission of the City of South Miami, Florida, requested that the
County administer, bill and collect stormwater utility service charges simultaneously with
the issuance of the County's bills for water and sewer service; and
WHEREAS, the County, through its Miami -Dade Water and Sewer Department operates
the water and sewer utility systems within the City; and
WHEREAS, as of October 1, 2000, the City has been exclusively responsible for
operating and maintaining the stormwater utility system within the City limits; and
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 enter into an agreement with Miami -Dade
County for the Billing of Stormwater charges.
Section 2: That the attached Agreement for the Billing of Stormwater Charges between
Miami -Dade County and City, be made a part of the resolution.
PASSED AND ADOPTED this
ATTEST:
day of 52001.
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
AGREEMENT FOR THE BILLING OF
STORMWATER CHARGES
BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
THIS AGREEMENT entered into this day of 2001,
by and between the CITY OF SOUTH MIAMI, FLORIDA, a municipal
corporation of the State of Florida (the "CITY "), and MIAMI -DADE
COUNTY, a political subdivision of the State of Florida (the
"COUNTY ").
W I T N E S S E T H:
WHEREAS, the COUNTY, through its Miami -Dade Water and Sewer
Department (the "Department "), operates the water and sewer utility
systems within the CITY; and
WHEREAS, as of October 1, 2000, the CITY has been exclusively
responsible for operating and maintaining the stormwater utility
system within the CITY boundaries, and
. WHEREAS, the CITY has requested the COUNTY to administer, bill
and collect a stormwater utility service charge simultaneously with
the issuance of the COUNTY'S bills for water and sewer service;
NOW, THEREFORE, in consideration of mutual advantages, it is
agreed:
Section 1. The CITY, jointly with the COUNTY, will
designate and cause to be identified from time to time the water
and sewer service accounts of the Department which thereafter,
under the rules and regulations of the CITY, shall be billed for
stormwater utility service charges. The CITY shall designate the
rate classifications applicable thereto in writing to the COUNTY.
The COUNTY shall act thereon until such designations and
classifications are changed in writing by the CITY. The CITY
understands and accepts that the COUNTY shall consider the person
or persons whose names appear on the County's water and sewer
service account as the persons responsible for the stormwater
utility service charges at the location involved.
Section 2. The CITY shall deliver to the COUNTY a minimum
of thirty
schedule
(30) calendar days in advance of the effective date its
of rates and any revisions of such schedule of rates by
South Miami Stormwater
6/8/01
1
furnishing to the COUNTY a certified copy of the ordinance or other
action of the CITY promulgating said revised schedule of rates.
Until the COUNTY is so furnished with a revised schedule, the
COUNTY shall act upon the prior delivered schedule. The stormwater
utility service charge shall not be prorated due to a revised
schedule of rates, but the new rates shall be applied to the next
bill. The COUNTY shall collect no security deposits nor shall the
COUNTY impose delinquent penalty charges on the stormwater utility
charge.
Section 3. The COUNTY agrees, during the COUNTY'S regular
and periodic billing procedures, to cause to be billed and
collected from each water and sewer customer under said accounts,
as an added and designated separate item on the bill, the
stormwater utility service charge, according to the schedule of
rates established by the CITY for such customer. This shall be the
exclusive method for billing stormwater utility service charges;
here forth, no separate bills shall be issued. The CITY authorizes
and empowers the COUNTY to render such billing for the CITY'S
account and on the payment thereof, acknowledges receipt of payment
by endorsement of payment upon such billings or by separate
receipt. Upon the initial billing by the COUNTY to each user of
stormwater utility service and at any time during the term of this
agreement, as deemed necessary by the CITY, the CITY shall at its
sole cost and expense and independent of this Agreement, advise
such user of the method and arrangement between the CITY and the
COUNTY for the billing and collection of said charge by the COUNTY
for and on behalf of the CITY as the CITY'S agent. The COUNTY
shall not be responsible for the notification of new owners,
occupants or tenants that there is a stormwater utility service
charge.
Section 4. The COUNTY agrees to observe the same
diligence, policy and procedure in the billing, and collection of
stormwater service accounts as is used by the COUNTY in billing and
collecting its water and sewer service accounts, except that the
COUNTY shall not terminate water and /or sewer service for non -
payment of stormwater utility service charges, nor shall it
institute or maintain suits at law for collection of stormwater
utility service charges. The COUNTY shall not be responsible for
the billing of stormwater utility charges for accounts that are
inactive. When the COUNTY'S water and sewer accounts become
inactive, the COUNTY shall not pursue any further collection of the
CITY'S stormwater utility charges. The COUNTY shall not file any
liens on property for the collection of the stormwater utility
charges. Legal actions for non - payment of stormwater utility
charges shall be the sole responsibility of the CITY.
South Miami Stormwater
6/8/01
N
Section 5. The COUNTY will keep correct and proper books
of account, showing monthly gross billings of stormwater utility
service charges, and shall provide to the CITY a monthly statement
in writing, showing the net amount owed the CITY by the COUNTY for
the month covered by such statement. This statement shall be
provided within sixty (60) days of the end of each monthly period.
Based on such statement, the COUNTY shall make payment to the CITY
of the amount due, less the COUNTY'S compensation for the billing
and collection of said charges and less any other payments or
deductions as hereinafter provided in this Agreement.
Section 6. For billings performed from October 1, 2000
through the expiration of this agreement, the stormwater billings
and remittance to the CITY shall be as shown below:
A. Quarterly billings, represent service rendered for the
previous 90 day period and shall be prorated for a period
from October 1, 2000 through December 31, 2000, as
follows:
October 2000 - 83.30 of the revenue billed shall be
retained by the COUNTY and 16.7% shall be remitted to the
CITY.
November, 2000 -50% of the revenue billed shall be
retained by the COUNTY and 50% shall be remitted to
the CITY.
December, 2000 - 16.7° of the revenue billed shall be
retained by the COUNTY and 83.3% shall 'be "remitted to the
CITY.
B. Monthly billings represent service rendered for the
previous 30 -day period, therefore, for the month of
October, 2000, the revenue billed shall be prorated and
50% of the revenue shall be retained by the COUNTY
and 50% of the revenue shall be remitted to the CITY.
C. For monthly and quarterly billings performed from
November 1, 2000 and January 1,2001, respectively, to the
termination of the Agreement, 100% of the billed amounts
will be paid to the CITY less the deduction as provided
in Section 5.
Section 7. Adjustments for uncollected stormwater billings
shall be made on a regular basis, at least annually, as a deduction
provided in Section 5.
Section 8. Upon written request from the CITY, the COUNTY
shall make available for inspection or audit by the CITY and its
representatives at any reasonable time all of its records
pertaining to the COUNTY'S actions under this Agreement as agent
for the CITY and shall also furnish to the CITY such information
concerning the administration of this Agreement as the CITY may
South Miami Stormwater
6/8/01
3
reasonably request, including information as to delinquent
stormwater utility charges.
Section 9. Both the CITY and the COUNTY recognize that in
the billing and collection of service charges involving thousands
of customers, numerous situations arise which require discretion.
The CITY agrees with the COUNTY that the COUNTY may use its best
judgment in such instances. The COUNTY'S method or manner shall
not be considered as negligence under or independent of the terms
and conditions of this Agreement and the COUNTY shall not be liable
or responsible to the CITY for any loss in stormwater utility
service charge revenues by reason of the COUNTY'S discretionary
handling of such situations. Specifically, the COUNTY shall have
the right to remove or adjust the stormwater utility service charge
from a customer's bill if the customer provides proof acceptable to
the COUNTY that he or she was not the owner, occupant or tenant of
the property when the stormwater utility service charge was
applied. However, COUNTY shall advise the CITY of all adjustments
to CITY accounts as part of the statements provided pursuant to
Section 5. Except as noted above, any adjustments to accounts
assessed a stormwater utility service charge shall be initiated by
the CITY and provided to the COUNTY in writing.
Section 10. The CITY agrees to pay to the COUNTY and the
COUNTY shall receive from the CITY, by means of deduction from the
first payment for monthly billings, compensation determined as
follow--:
A. Reimbursement in the amount of $500.00 to the COUNTY costs
incidental to the COUNTY for costs incidental to the
COUNTY'S establishment of the records necessary for the
COUNTY to bill stormwater utility service charges or
accounts for and on behalf of the CITY and as the agent of
the CITY, including but not limited to (1) payroll cost and
related overhead costs; (2) equipment purchased for the
exclusive use of maintaining records necessary for billing
said charges; (3) cost of all changes in COUNTY'S billing
equipment to make feasible the COUNTY'S billing for
stormwater utility service charges. This amount shall be
deducted from the first remittance to the CITY under the
terms of this agreement.
B. For the period from the date of this agreement until
Modified pursuant to Section 11 hereinafter, a charge in
Amount of eighty -seven cents ($0.87) per bill for all
accounts to be charged the stormwater utility charge.
South Miami Stormwater
6/8/01
M
C. Reimbursement to the COUNTY for all costs and expenses
incurred and paid by the COUNTY during the preceding
month in defending legal actions brought against the
COUNTY by any person, firm or corporation, excluding the
CITY, involving billing or collection of stormwater
utility service charges on behalf of the CITY, or
involving the COUNTY'S administration of the terms and
conditions of this Agreement.
D. Reimbursement in the amount of $1,000.00 for costs
associated with converting the CITY'S stormwater utility
service information and charges to any new billing
system, which may be acquired by the COUNTY. This amount
shall be deducted from the first remittance to the CITY
following the COUNTY'S implementation of a new billing
system. At such time as a new billing system is
implemented, the COUNTY reserves the right to remit
stormwater utility charges to the CITY based on
collections, not billings.
Section 11. The COUNTY reserves the right to review and
revise the charges provided for in Section 10(B) hereinabove in
accordance with applicable law and the CITY agrees to be bound
thereby, provided the COUNTY provides 90 days notice to CITY of
said proposed revised charges.
Section 12. All phone calls and correspondence regarding
the stormwater utility shall be the responsibility of the CITY.
The COUNTY shall cause the telephone number for the CITY, as
provided by the CITY, to be printed on the COUNTY'S regular bill
stock upon depletion of the COUNTY'S current billing stock.
Section 13. The CITY agrees that the COUNTY shall not be
held liable for any damage, delay or other loss that the CITY may
experience as a result of the COUNTY's practices in administering
this Agreement.
Section 14. This Agreement shall remain in full force and
effect until October 1, 2005. This Agreement may be extended at
that time by mutual consent of the parties hereto, without which it
shall terminate. Notwithstanding the above provisions, this
Agreement shall terminate and be cancelled without further writings
between the CITY and the COUNTY upon either party providing nine
(9) months' notice in writing to the other party so advising the
other party.
South Miami Stormwater
6/8/01
WO
Section 15. It is understood and agreed between the CITY
and the COUNTY that the COUNTY'S obligation is limited to billing
and collection of stormwater utility charges as specifically
provided for in this Agreement.
Section 16. The CITY shall not allow or permit construction
or installation of any connections of stormwater mains, which allow
stormwater to enter the COUNTY'S sanitary sewer system. The CITY
agrees to effectuate the lawful disconnection of interconnections
between the CITY's stormwater mains and the COUNTY's sanitary sewer
system in conformance with local, state and federal laws when said
interconnections are discovered.
Section 17. This Agreement shall be binding upon the
respective successors and assigns of both the CITY and the COUNTY.
Section 18. Whenever written notice to the CITY is
required, it shall be sent by Certified Mail, Return Receipt
Requested, to The CITY of SOUTH MIAMI, CITY Hall, 6130 Sunset
Drive, SOUTH MIAMI, Florida 33143 (Attention: CITY MANAGER) .
Whenever written notice to the COUNTY is required, it shall be sent
by Certified Mail, Return Receipt Requested, to MIAMI -DADE COUNTY,
Miami -Dade Water and Sewer Department, 4200 Salzedo Street, Coral
Gables, Florida 33146, (Attention: Director).
IN WITNESS WHEREOF, the parties hereto have executed these
presents as of the day and yeas first above written.
ATTEST:
BY:
CLERK
ATTEST:
BY:
CITY CLERK
Approved as to form and legal
sufficiency:
ASSISTANT COUNTY ATTORNEY
South Miami Stormwater
6/8/01
6
MIAMI —DADE COUNTY
COUNTY MANAGER
CITY OF SOUTH MIAMI
LIMIA
CITY MANAGER
Approved as to form and legal
sufficiency:
CITY ATTORNEY
t,. .
To: Honorable Mayor Date: June 7, 2001
and City Commission
From: Charles D. Scurr Subject: Agenda Item # '
City Manager Commission Meeting 6/12/01
Annexation
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
TRANSFER $15,000 FROM ACCOUNT NUMBER 0000 - 245 -10 -00 "PRIOR
YEAR'S ENCUMBERANCE" TO ACCOUNT 01- 2000 -219 -1334
"ANNEXATION CONSULTANT "; AND APPROVING THE GRANT OF
THESE FUNDS TO THE SOUTH MIAMI COMMUNITY DEVELOPMENT
COUNCIL OF CHAMBER SOUTH FOR ACTIVITIES RELATING TO
ANNEXATION.
BACKGROUND AND ANALYSIS
Over the past year, the City of South Miami has been approached by an increasing number of
communities located in unincorporated Miami -Dade County regarding annexation into the City.
The South Miami Community Development Council of Chamber South (CDC) has expressed its
willingness to assist these communities and the City of South Miami with the study of
annexation and, if appropriate the initiation of the annexation process.
The interest of the communities in, and the CDC's willingness to assist with, annexation is due to
the enhanced quality of life enjoyed by the City under the leadership of the Mayor and City
Commission. In the greater public's eye, the City or South Miami has substantially elevated its
position in the echelon of Miami -Dade County's premier municipalities. Recent events, such as
the City's success in Tallahassee and the gun lock ordinance, have further enhanced public
perception, and staff believes that the annexation support efforts should continue.
These funds will be used to continue to support the annexation efforts, specifically including the
printing of informational materials necessary to assist residents in their decision making process.
The balance in Account 0000 - 245 -10 -00 "Prior Year's Encumbrance" is approximately
$300,000.
RECOMMENDATION
Approval is recommended.
Page 2 of 2
1
2
3 RESOLUTION NO.
4
5
6
7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
8 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
9 MANAGER TO TRANSFER $15,000 FROM ACCOUNT NUMBER 0000-
10 245 -10 -00 "PRIOR YEAR'S ENCUMBERANCE" TO ACCOUNT 01 -2000-
11 219 -1334 "ANNEXATION CONSULTANT "; AND APPROVING THE
12 GRANT OF THESE FUNDS TO THE SOUTH MIAMI COMMUNITY
13 DEVELOPMENT COUNCIL OF CHAMBER SOUTH FOR ACTIVITIES
14 RELATING TO ANNEXATION.
15
16
17
18 WHEREAS, over the past year, the City of South Miami has been approached by an
19 increasing number of communities located in unincorporated Miami -Dade County regarding
20 annexation into the City; and
21
22 WHEREAS, the South Miami Community Development Council of Chamber South
23 (CDC) has expressed its willingness to assist these communities and the City with the study of
24 annexation; and
25
26 WHEREAS, the Mayor and City Commission wish to make a contribution to the CDC
27 for an annexation study so that the City can respond to these inquiring communities
28 appropriately.
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI:
33
34 Section 1. The City Manager is authorized to transfer $15,000 from account
35 number 0000 - 245 -10 -00 "Prior Year's Encumbrance" to account 01- 2000 -219-
36 1334 "Annexation Consultant";
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Section 2. These funds are granted to the South Miami Community
Development Council of Chamber South for activities relating to annexation.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
&VU 94 0IT�
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
Page 2 of 2
•
,
r
s
,
i
r
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12, 2001
and City Commission
From: Charles Scurr Re: Agenda Item
City Manager Creating a Commission For Senior Citizens
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES;
AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCE BY
ESTABLISHING A COMMISSION FOR SENIOR CITIZENS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE
BACKGROUND AND ANALYSIS
The attached Ordinance on for second reading and public hearing is sponsored by Mayor Robaina
amend the City of South Miami Code of Ordinance by creating a Commission For Senior Citizens.
A majority of the membership shall be 60 years or older and reside or have his /her principal place
of business in the City of South Miami. The Board shall consist of 15 members with eight (8) of
the members being appointed for two year terms and seven '(7) of the members appointed for
three year terms. Thereafter members shall be appointed for two -year terms.
RECOMMENDATION
Approval is recommended.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS
5 AND COMMITTEES; AMENDING THE CITY OF SOUTH MIAMI
6 CODE OF ORDINANCE BY ESTABLISHING A COMMISSION FOR
7 SENIOR CITIZENS; PROVIDING FOR SEVERABILITY,
8 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
9
10 WHEREAS, the Mayor and City Commission of the City of South Miami has
11 determined that there is an important need to create a Commission for Senior Citizens to
12 address the critical needs of the older adults of South Miami; and
13
14 WHEREAS, nearly a quarter of the population of the City of South Miami is over
15 60 years old; and while the majority of these are in good health and are economically
16 self - sufficient, there is a significant number in need of special services, but whose needs
17 are often not identified; and
18
19 WHEREAS, the City of South Miami has already instituted a Senior Center which
20 provides certain services to senior citizens, it still seems that the majority of those
21 citizens who could benefit from such and other services are not being reached; and
22
23 WHEREAS, the Mayor and City Commission desire to create a Commission For
24 Senior Citizens.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. That the City of South Miami Code of Ordinances is hereby
30 amended to create the Commission For Senior Citizens. The Commission shall consist of
31 15 members.
32 (a) Appointment and qualifications. Members of the Commission shall be appointed
33 by the Mayor with the advice and consent of the City Commission as prescribed in
34 the City Charter. Members shall be either a resident of the City or have a
35 principal place of business in the City of South Miami. Members shall
36 demonstrate interest in or knowledge about the status of the senior citizens who
37 reside in the City of South Miami. A majority of the members shall be 60 years of
38 age or more.
39 (b) Terms of office. In order that the terms of office of all members shall not expire at
40 the same time, the initial appointments to the Commission shall be as follows:
41 eight (8) of the members shall be appointed for two year terms and seven (7) of
42 the members shall be appointed for three year terms. Thereafter, appointed
43 members shall serve for two -year terms.
Additions shown by underlining and deletions shown by ewer-striking.
I (c) Change in number of members. The number of persons serving on the
2 "Commission" may be increased or decreased by the City Commission based on
3 the level of participation and need. In the event of a change in members, the
4 number of members that must be present to constitute a quorum for a meeting
5 shall be half the members plus one. In the event of any increase in the number of
6 members, the terms of office shall be prescribed by the City Commission.
7 (d) Chairperson, vice- chairperson, secretary. The Chairperson, vice- chairperson and
8 secretary shall be elected by the members of the Commission for a term of one
9 year. The members may elect any additional officers that they deem necessary.
10 (e) Meetings, expenses. Regularly scheduled meetings shall be held monthly at City
1.1 Hall at a convenient time to be decided by the Commission members. The
12 members may change the place and time of a particular meeting by motion and a
13 vote of the majority of the members present at a regularly scheduled meeting.
14 Regular and special meetings shall be scheduled, and notice shall be given, as
15 provided by the City Code for meetings of the City Commission; provided
16 however, that scheduling special meetings shall require written request of a
17 majority of the members of the Commission. Minutes shall be kept either by
18 recording or in written form. Members shall serve without compensation, but
19 shall be reimbursed for necessary and authorized expenses incurred in the
20 performance of the work of the Commission. A budget may be established by the
21 City Manager for the purpose of funding expenses.
22 (f) Powers and duties. The powers and duties of the Commission shall include, but
23 not be limited to: 1) to serve in an advisory capacity to the Mayor and City
24 Commission by making investigations, studies, reports and recommendations in
25 respect to all matters pertaining to the status of senior citizens (ages 60 and over)
26 in the City of South Miami including but not limited to health, living conditions,
27 recreation, sources of information, exposure to crime, general safety,
28 transportation, availability of employment, and discrimination and responsiveness
29 of government to the needs of such citizens of South Miami; 2) to study, report on
30 and recommend needed improvements in the existence and delivery of services to
31 the elderly such as health, medical, social and recreational services; 3) to appear
32 before the Mayor and City Commission to deliver reports, recommendations and
33 requests for assistance; and 4) to perform such other duties, functions and services
34 as may be requested by the Mayor and City Commission.
35
36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
38 shall not affect the validity of the remaining portions of this ordinance.
39
40 Section 3. All ordinances or parts of ordinances in conflict with the provisions
41 of this ordinance are repealed.
42
43 Section 4. This ordinance shall take effect immediately upon approval.
Additions shown byunderlininQ and deletions shown by °u°ro� *�ng.
1
2
3 PASSED AND ADOPTED this
4 —
5 ATTEST:
6
7
8 CITY CLERK
9
10 1st Reading —
1 1 2nd Reading —
12
13 READ AND APPROVED AS TO FORM:
14
15
16 CITY ATTORNEY
17
18
day of
APPROVED:
MAYOR
2001.
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner Russell:
Additions shown by underlining and deletions shown ever-striking.
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor Date: May 31, 2001
and City Commission
From: Charles D. Scurf �fi Subject: Agenda Item 4-1—r
City Manager
9WIP Commission Meeting 06/12/01
Multipurpose Center Funding
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT
MURRAY PARK, AUTHORIZING THE USE OF THE INTERIM LINE OF
CREDIT MADE AVAILABLE THROUGH THE FLORIDA MUNICIPAL LOAN
COUNCIL FIXED RATE BOND POOL; AUTHORIZING THE NEGOTIATION
OF A LOAN IN AN AGGREGATE AMOUNT UP TO $600,000 FROM BANK OF
AMERICA; APPROVING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT THROUGH THE FLORIDA MUNICIPAL LOAN COUNCIL
PROGRAM; APPROVING THE EXECUTION AND DELIVERY OF A
DISCLOSURE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS;
AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
On April 10, 2001, the Mayor and City Commission approved Ordinance Number 11 -01 -1742
authorizing the City of South Miami to participate in the Florida Municipal Loan Council Program
in order to finance the improvements at Murray Park. By using South Miami Hospital's annual
contribution of $150,000, the City would be able to leverage up to $2.5 million to match grant funds
for the implementation of the park master plan.
Originally, the Florida Municipal Loan Council had scheduled the bond sale for May, and the funds
would have been available immediately afterwards. The Council's schedule has been delayed,
however, and the bond sale is now scheduled for the fall. Since the bonds have not been sold there
are no proceeds available for loan. This phenomenon is fairly common, however, and the Council
makes interim, also known as "bridge ", financing available through the underwriters of the bond
program, Bank of America.
The City of South Miami is rapidly progressing with the implementation of the Murray Park Master
Plan and the delay in bond sale would delay the project and could hinder our ability to utilize the
grant funding allocated to the project (over $1.5 million).
The proposed ordinance would authorize the City to utilize the bridge financing provided by the
Florida Municipal Loan Council Program. Bank of America has offered an interim loan proposal
with a very favorable interest rate, approximately 3.21 %. The loan would allow the City to utilize
much - needed capital to continue unhindered with the implementation of the Master Plan for Murray
Park. A copy of the Bank Commitment is attached.
RECOMMENDATION
Your approval is recommended.
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT
5 MURRAY PARK, AUTHORIZING THE USE OF THE INTERIM LINE OF
6 CREDIT MADE AVAILABLE THROUGH THE FLORIDA MUNICIPAL LOAN
7 COUNCIL FIXED RATE BOND POOL; AUTHORIZING THE NEGOTIATION
8 OF A LOAN IN AN AGGREGATE AMOUNT UP TO $600,000 FROM BANK OF
9 AMERICA; APPROVING THE EXECUTION AND DELIVERY OF A LOAN
10 AGREEMENT THROUGH THE FLORIDA MUNICIPAL LOAN COUNCIL
11 PROGRAM; APPROVING THE EXECUTION AND DELIVERY OF A
12 DISCLOSURE AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS;
13 AND PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on April 10, 2001, the Mayor and City Commission approved an ordinance
16 relating to the Multipurpose Center at Murray Park, authorizing the City Manager to negotiate a loan
17 not to exceed $2,500,000 through the Florida Municipal Loan Council Fixed Rate Bond Pool; and
18
19 WHEREAS, participating governmental units (the "Members ") have created the Florida
20 Municipal Loan Council (the "Council ") pursuant to a certain Inter -local Agreement and pursuant
21 to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to make loans to
22 participating governmental units for qualified projects; and
23
24 WHEREAS, the Council does not make the loans until the proceeds of the bond sale are
25 available; and
26
27 WHEREAS, the Council has rescheduled the bond sale of May 2001 for the Fall of 2001;
2s and
29
30 WHEREAS, the Council provides bridge financing through Bank of America for such
31 situations to ensure that projects are not delayed or negatively impacted by the bond sale schedule;
32 and
1
1
2 WHEREAS, it is determined to be in the best interest of the City to borrow funds through
3 the Florida Municipal Loan Council Program to provide interim financing prior to the bond sale in
4 order to continue the rapid implementation of the Murray Park Master Plan.
5
6 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
7 OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS:
8
9 SECTION 1. The City Manager is authorized to execute an interim (bridge) loan up to
10 $600,000 with Bank of America pursuant to the terms in substantially the form of Exhibit "1."
11
12 SECTION 2. The City Manager is authorized to pay any closing fees or other applicable
13 loan fees necessary to close the transaction.
14
is SECTION 3. This Ordinance shall become effective upon adoption.
16
17
18 PASSED AND ADOPTED this day of , 2001.
19
20
21 ATTEST: APPROVED:
22
23
24 CITY CLERK MAYOR
25
26
27 READ AND APPROVED AS TO FORM:
28
29
30 CITY ATTORNEY
2
LN 08 2201 12:28 FR tATIQNSFPW 305 t33 2581 TO 93056636346 P.02/04
r--,x k� 1�i 4 " I "
13artkofllmerica�,�
Sank of America
Commercial Banking
FL7.950 -15.03
June 8, 2001 100 Southeast 'end Street
Miami, FL 33131
Mr. Hakeem K. Cishikoya, CPA
Finance Director
City of South Miami
$130 Sunset Drive
South Miami, FL 33 143
Dear Hakeem:
Bank of America (Bank) is pleased to offer the City of South Miami (Borrower) the
credit facility described below:
Borrower:
City of South Miami
Facility Description:
hTOn•R.evolving Term Bridge Facility
Amount:
$490r80e 1 00, C9 oo .
Purpose:
To provide interim bridge financing to acquL, -e property for
Phase 2 of a Youth Center pendLlg the funding of the
a
Florida League of Cities Bond Pool during 41h quarter 20C) I.
Seaurity:
Fist Security interest on non -ad valorern revenues
generated from licenses and permits, charges for services
and franchises.
Repayment:
Principal and accrued interest due in full at date of
maturity,
Maturity.,
The earlier of December 31. 2001 or funding date of the
Florida League of Cities Bond issue.
Interest Rate: Provided that this Credit Facility maintains "Bank
Qualified" status, the following rate shall apply:
80% of the Floating one Mouth LIBOR (approximately
3.21% as of 6/7/01)
It is understood the Bank Qualified tax exempt status shall
be determiners by Borrower's Counsel and confirmed by an
Opinion of Counsel. If the transaction does not qualify for
tax -free status, a higher rate of interest shall apply.
USA
Member FDIC
JUN 08 29-01 12:29 FP 4;T I O[4SBANK 305 553 68 "_ TO 93056636346 P.0-7/04
)Fees & easts: Borrower shall pay a commitment fee of $15,000 upon
acceptance of the Commitment by Bank.
In addition, Borrower shall be responsible for all fees and
costs associated with the documentation and closing of this
transaction, including but not limited to attorney's fees and
costs.
Financial Covenants: Covenants normally required by Bank of America for this
type of transaction, including but not limited to Covenant to
budget and appropriate.
Conditions Precedent: 1. Review by Barl Independent Counsel of pledge of first
security interest in non ad valorem revenues to Bank of
America_
2. Determination of taxability of transaction.
The preceding terms and conditions are not exhaustive and this commitment is subject to certain
terms and conditions customarily required by Batik for similar transactions. This facility will be
evidenced by documents in form and content acceptable to Bank and its legal counsel. This
commitment shall not survive closing. The Borrower represents and agrees that all financial
statements and other information delivered to Bank are correct and complete. No material
adverse change may occur in, or any adverse circumstances be discovered as to the business or
financial condition of the Borrower. Batik's obligations under this commitment are conditioned
on the fulfillment to the Bank 's sole satisfaction of each term and condition referenced in this
commitment,
this commitment supersedes all prior commitments and proposals with respect to this credit
facility, whether written or oral, including any previous loam proposals made by Bank or anyone
acting with its authorization. No modification hereof shall be valid unless made in writing and
signed by an authorized officer of Bank of America. This commitment is not assignable and no
party other than Borrower shall be entitled to rely on this commitment.
2
J
JUN 03 2eoi 12:29 FR NATiONSEAHK 3e5 533 2661 TO 9305663634E ?.04%04
Please indicate your acceptance of this offer and the terms and conditions contained herein by
signing the enclosed capy'of this commitment letter in the spaces provided below, no later than
June 30, 2001 together with your check for $15,000.00. Closing shall occur no later than July 15,
2001.
We appreciate this opportunity to be of service to you, and look forward to a mutually
satisfactory relationship. Please fee[ free to call the undersigned should you have any question.
Sincerely,
BANK OF AMERICA
BY: 04A' i A J
Jean M Bell, Senior Vice President
(305) 523 -4720
(305) 523 -4713 (Facsimile)
BORROWER'S ACCEPTANCE:
CITY OF SOUTH MIAMI
By:
Its:
3
M* TOTAL FA3E.04 *�
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 of Legal Advertising 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 advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 6 /12/01
ORDINANCE RELATING TO
IMPROVEMENTS AT MURRAY
PARK
in the ............NNN? XMX .................. Court,
was published in said newspaper in the issues of
Jun 1; 2001
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, for a period of one year next preceding the
first ication of the attached copy of advertisement; and
affi t f ther says that she has neither paid nor promised
a per on, firm or corporation any discount, rebate, com-
issfo or refund for the purpose of securing this advertise-
s r publicaWn in the said newspaper„
Sworn to and ubscribed before me this
1 Ju
2001
/d-, y 4.1 A.D.........
............. —.. ter.. �/. t...,,�..,,. . .
(SEAL)`
MARIA I. MESA
Sookie Williams per salt o►,tnh't)'WMMISSION # CC 885640
a.
EXPIRES: March 4, 2004
Bondsd Thor Notary Public Underwriters
i
AM
v
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting Tuesday, June 12, 2001 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the fol-
lowing described ordinance(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IM-
PROVEMENTS AT MURRAY PARK, AUTHORIZING THE USE
OF THE INTERIM LINE OF CREDIT MADE AVAILABLE
THROUGH THE FLORIDA MUNICIPAL LOAN COUNCIL FIXED
RATE BOND POOL; AUTHORIZING THE NEGOTIATION OF A
LOAN IN AN AGGREGATE AMOUNT UP TO $600,000; AP.
PROVING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT THROUGH THE FLORIDA MUNICIPAL LOAN
COUNCIL PROGRAM; APPROVING THE EXECUTION AND
DELIVERY OF A DISCLOSURE AGREEMENT AND ALL OTH-
ER NECESSARY DOCUMENTS; AND PROVIDING FOR.AN
EFFECTIVE DATE. (1 st Ri -acing scneuuled for June 5; 2001)
Said ordinances can be inspected in the City Clerk's Office, Monday
Friday during regular office hours.
Inquiries concerning these items should be directed to the City Manag-
er's office at: 663 - 6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
6/1 01- 3- 123/168486M
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12, 2001
and City Commission
From: Charles D. Scurr Re: Agenda Item # /4
City Manager Cu'417 Special Use Application
AT &T Wireless
Request:
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO
SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO CONSTRUCT A STEALTH CELLULAR COMMUNICATIONS
FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300
S.W. 58TH AVENUE, WITHIN THE "PI" PUBLIC / INSTITUTIONAL ZONING
DISTRICT.
SUMMARY OF REQUEST
The applicant, AT &T wireless is requesting approval to place a cellular communications facility
on property owned by the YMCA, located at 4300 SW 58th Ave. The facility will consist of a 75
foot high stealth tower disguised as a flagpole. An unmanned electrical equipment building will
be constructed at the base of the tower. The tower and the electrical equipment building will be
protected by an 8 foot high chain link fence.
SITE ANALYSIS
1) The YMCA property is a 10.7 acre site located in the northeast section of the City. The
property is used as a sports facility and activity center for children. The eastern portion
(approximately 25 %) of the property is developed with an administrative building, basketball
courts, a swimming pool, volleyball and racquetball courts. The western section of the
property consists of a soccer field and undeveloped forest area. The property is accessed only
through SW 58th Ave, a dead end street that is shared with the David Fairchild Elementary
School.
2) There are two existing zoning districts covering the property: the western portion is zoned
"PR ", Parks and Recreation; and the eastern developed section is zoned "PP', Public
Special Use Approval
4300 SW 58'h Ave.
June 12, 2001
Page 2 of 4
Institutional Use District which permits churches, schools, government facilities and similar
uses. A stealth telecommunications tower is permitted as a special use in the "PI" zoning
district.
3) The property is surrounded by the following zoning districts and existing uses:
ZONING EXISTING USES
North RU -1 (Miami -Dade County) Singles family residences
Single family Residential
East RU -1 (Miami -Dade County)
Single Family Residential
South RU -1 (Miami -Dade County)
West RU -1 (Miami -Dade County)
RS -4 Single Family Residential
(City of South Miami)
Elementary school
Single family residences
Single family residences
Single family residences
4) The stealth facility is proposed to be located on that portion of the property zoned "PI ". The
tower, which will be disguised as a flagpole and the electrical equipment room, replaces an
existing racquetball court. The sitting of the facility is adjacent to the swimming pool, the
playground, the volleyball court and the basketball courts. The 75 foot tall tower is located in a
gully, which is approximately 10 feet below the level of nearby residential streets. In addition the
tower is located 142 feet from the east property line and 103 feet from the north property line,
which complies with the required setbacks.
APPLICABLE REGULATIONS
1) The City's Land Development Code contains extensive regulations for siting of
telecommunications tower and antennas. The proposal in this application is considered a stealth
facility as defined in Section 20 -10.2 of the LDC:
"Stealth Facility -Any telecommunication facility which is designed to blend into the
surrounding environment. Examples of stealth facilities include, but are not limited to,
architecturally screened, roof - mounted antennas, antennas integrated into architectural
elements, and telecommunications towers designed to look like light poles, power poles
or trees"
2) Section 20 -10.6 of the LDC provides that a stealth facility can be located in a "PI" zoning
district if approved via a special use process. Specifically, subparagraph 1(b) states that "Stealth
Special Use Approval
4300 SW 58'" Ave.
June 12, 2001
Page 3 of 4
towers not exceeding 125 feet, shall be permitted as a principal or an accessory use pursuant to
special use approval in the following zoning district: "PI ", Public /Institutional. The approval
process requires the affirmative vote of four City Commissioners, after receipt of a
recommendation from the Planning Board.
3) The proposed facility is subject to requirements and minimum standards spelled out in
Section 20 -10.4 which requires the submission of the following:
a) A property owner's letter consenting to the installation;
b) An affidavit stating that within one -half mile of the site there are no other structures
which can accommodate the facility(collocation);
c) An affidavit stating that there will be no interference with other wireless
communications in the vicinity;
d) An affidavit stating that the facility is designed to meet the current wind load criteria
as set forth in the South Florida Building Code;
e) An affidavit that the facility is compatible with the design of the existing structure.
4) In addition to the above, all special uses must comply with the conditions specified in LDC
Section 20 -10.7 Procedure for Special Use, LDC Section 20- 3.4(A) requiring compatibility with
the surrounding uses, and LDC Section 20 -5.8 requiring that the proposed use not adversely
affect the health or safety of persons in the vicinity nor will it be detrimental to the public
welfare or property in the area (LDC Sections attached).
STAFF OBSERVATIONS
1) The maximum height limit of structures in the abutting RU -1 County zoning district is 2
stories; the height limit in the City's RS -4 zone is also 2 stories, 25 feet. The average height of
trees in the vicinity of the tower facility is approximately 50 feet.
2) The applicant's original submission indicated that the height of the flagpole -tower to be 87
feet high. Staff was concerned that the height of the antenna was excessive and could not be
screened from view by existing trees.. Staff was also concerned about the electrical equipment
building with a barbed wire topped screen fence was located within a few feet of recreational
facilities for children. These concerns were expressed to the applicant prior to the meeting,
3) In response to the concerns expressed the applicant submitted revised plans (dated 5- 22 -01)
showing a reduction in the height of the pole to 75 feet and removal of the barb wire from the
screen fencing around the electrical equipment building. It is important to note that the visible
height of the flagpole will be 65 feet in that the pole will be located in a gully, which is 10 ft.
below the ground level of nearby residential areas.
4) In addition the applicant, using the reduced pole height, has carried out a line -of -sight study
from several locations in the surrounding residential neighborhoods. The results indicate that the
Special Use Approval
4300 SW 58`h Ave.
June 12, 2001
Page 4 of 4
flagpole will not be visible from most of these locations. The applicant has also presented a
selected tree height survey showing that there are a number of tall trees (60 -80 feet) located
between the flagpole and the residences which will significantly help to the screen the tower. The
line -of -sight study and the special purpose survey showing tree heights are included (last 3
pages) in the revised plans accompanying this report.
5) The applicant has made a good effort to respond to the concerns of staff by reducing the
height and the visibility of the flagpole tower. The impact of the facility on surrounding
residential areas has been minimized and staff feels that the flagpole -tower "will blend into the
surrounding environment" as set forth in the definition of a stealth tower in the LDC.
PLANNING BOARD RECOMMENDATION
The Planning Board at its May 29, 2001 meeting recommended approval of the special use
application. The motion to approve was made by Mr. Morton and seconded by Mr. Illas. The
motion was adopted by a vote of 4 ayes (Mr. Illas, Mr. Mann, Mr. Morton and Ms. Gibson) and
3 nays (Mr. Liddy, Ms. Chimelis, and Mr. Comenderio). The Planning Board prefaced their
recommendation by acknowledging the concerns of those members of the public attending the
hearing to speak in opposition to the proposed tower. However, they stated that it was clear that
the applicant had done everything possible to comply with the City's existing
telecommunications regulations, and to reduce the height of the tower as much as possible in
order to address the concerns of City staff and of the nearby residents.
RECOMMENDATION
It is recommended that the proposed special use to install a stealth communications facility at
4300 SW 58th Ave., as shown on revised plans dated 5- 22 -01, be approved.
Attachments:
Draft resolution
Application
Letter of intent
Reduction of height letter 5 -23 -01
Location map
Affidavits (3)
Copies of Public notices
LDC Sections 20 -10.7, 20 -3.4; 20 -5.8
Citizen response letters (5)
Planning Board Minutes 5 -29 -01
Project Plans dated 5 -22 -01 (site, survey, elevation)
V
CS/RGX /SAY,A
DAComm Items\2001 \6 -12 -01 \Special Use ATT Wireless YMCA.doc
L o T T E R M A N DEVELOPMENT CORPORATION ccc 005807
4275 AURORA ST - SUITE "C & D" / CORAL GABLES, FLORIDA 33146 ;' • ; •: • .
TELEPHONE (305) 446 -8002 / FAX (305) 446 -0840
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November 8, 2000 '
CITY OF SOUTH MIAMI
Planning and Zoning Department
City Hall
6130 Sunset Drive
South Miami, Florida 33143
Re: Letter of Intent
Public Hearing Application — AT &T Wireless Services
Subject Property: 4300 S.W. 58th Avenue
To whom it may concern:
Lotterman Companies has been r tained by AT &T Wireless Services to act as an
authorized agent to process a public hearing seeking the favorable review and
approval of a proposed telecommunications facility consisting of a stealth three
sector section flagpole and adjacent unmanned electrical equipment building.
The letter if intent is provided in conjunction with the submission of an application
seeking the agroval to construct a flagpole and accessory equipment located at
4300 S.W. 58' Avenue) South Miami, Florida where a YMCA facility currently
operates.
AT &T is a provider of wireless service, licensed by the FCC to provide "PCS"
(Personal Communication Services) in the South Florida area, including the
unincorporated area of Miami -Dade County, and elsewhere.
Similar to other wireless mobile telecommunication services providers, AT &T `s
telecommunications network is comprised of a number of unmanned facilities which
serve as relay stations for the transmission of radio signals which makes wireless
mobile telecommunications possible. The antennas must be placed at heights
enabling the signals to be relayed without interference from surrounding structures.
To obtain the needed height, the antennas are placed on rooftops where feasible, or
on antenna support structures such as lattice towers or less obtrusive "monopoles ".
Letter of Intent
• , • •aoa
, • , o
AT &T Wireless Services
November 8, 2000 •
Page Two 0 Do 2 •
Due to present technology and the limited strength of these,, radio signals,
telecommunication facilities must be located at regular geographic irtervals; in,ef► ct
the "coverage" provided by a site is generally limited to less than ore (1) e. i ne
specific location at which a facility is needed as well as the hei'ght, i 'l which' n
antenna must be placed is dependant on geographic location 3f existing relay
facilities, land characteristics and manmade structures in the area, and volume of
service expected or existing at a specific location. Generally, the "search ring" for a
site is limited to a specific small geographic area where coverage has been
determined necessary with very little leeway for placement of the site. Conversely,
without a site at a location where one is determined necessary, coverage "gaps" will
exist resulting in an interruption of service in those areas. For these reasons, 'sites
are chosen only after careful analysis and testing by radio frequency engineers.
The Specific Project and Site:
Based upon careful radio frequency engineering analysis of the coverage needs of
the planned AT &T network in Miami -Dade County, it has been determined that an
AT &T relay facility is needed at the location indicated above to provide adequate
quality coverage for the AT &T network in this area. Accordingly, AT &T seeks to
locate antennas on a new flagpole and install an accessory structure adjacent to the
flagpole located at 4300 S.W. 58th Avenue.
As stated, the intended facility will be unmanned. A technician will visit the site
approximately once a month to check the equipment. The facility will have no effect
on traffic or roads; water use; sanitary sewer, nor will it create any solid waste. It will
have no effect on any public services within the area.
We therefore seek your favorable review and positive recommendation of this
application. Should you need any additional information regarding this application,
please do not hesitate to contact me at your convenience.
S.ilous&tan6
I
Zoning Manager
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South Florida AT &T Wireless Services, Inc.
Wireless Network Services 460 NE 215 Street
Miami, FL 33179
Date: May 23, 2001
To: City of South Miami Dept of Planning & Zoning
Re: Cellular AT &T Antenna Facility Id. 4 M161, to be located at YMCA 4300 SW 58th
Avenue.
To whom it may concern:
This letter is in response to your request for justification for the proposed height of the
telecommunication flagpole proposed for the AT &T Wireless Services antenna facility to be
located at 4300 SW 58th Avenue.
We are currently proposing a 75 feet stealth telecommunication flagpole for this facility. The
reason it has to be this tall is for several reasons. First of all, the exact location in the properly
where the flagpole is proposed is approximately 10 feet below the average ground level in the
surrounding area, so from the 75 feet the first 10 feet are meant mostly to make up for the
difference in ground levels. Secondly the entire area to be covered by this facility contains
very dense foliage. This heavy foliage causes a great amount of attenuation or degradation in
RF signals. The only way we can compensate for this and still keep an acceptable
transmission path between the antenna facility and the mobile phones being served is by
having the ;antenna facility be above the surrounding trees. In addition the property at 4300
SW 58th Avenue where our facility is proposed contains a large number of tall trees which we
estimate in the range from 50 to 70 feet. We feel that having this facility any lower would put
our antennas at the same height or too close to the trees in the property. This would in turn
attenuate our signal and would significantly reduce the intended coverage area and may also
cause the facility to provide poor signal quality.
I hope that this information is responsive to your concerns. Please let me know if I can be of
further service.
Very truly yours,
Felix Bravo
RF Engineering
AT &T Wireless Services
305 -949 -6685
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South Florida AT &T Wireless Services, Inc.
Wireless Network Services 460 NE 215 Street
Miami, FL 33179
Date: May 02, 2001
To: City of South Miami Dept of Planning & Zoning
Re: Cellular AT &T Antenna Facility Id. # M161, to be located at YMCA 4300 SW
58th Avenue.
To whom it may concern:
This letter responds to your request for information about the AT &T wireless antenna
facility to be located at 4300 SW 58th Avenue and other potential alternative
candidates where we could build this facility.
For a long time AT &T Wireless Services has been trying to improve the cellular
coverage in the area surrounding the main intersections of Bird Road and Red Road.
After exhaustive search of the area we have not found any city owned towers or
support structures that could accommodate our antenna facility within 1/2 mile of the
proposed location. Also we have not found any non -city owned towers or support
structures that could potentially accommodate our antenna facility within 1/2 mile of
the proposed location. In addition we have not found any towers or structures within
our proposed search area that could potentially meet our technical requirements.
I hope that this information is responsive to your concerns. Please let me know if I
can be of further service.
Very truly yours,
Felix Bravo
RF Engineering oran
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AT &T Wireless. Services pp01iYI33
Nry commission
305 -999 -6685
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May 1,2001
Mr. Richard Lober
Director of Planning and Zoning
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Planning Bd. Application PB -01 -004
AT &T Wireless Services- YMCA
Subject Property: 4300 S.W. 58th Avenue
Mr. Lorber:
This letter is in reference to the requirements from the City of South Miami Municipal
Code, Siting Regulations for Telecommunication Towers Section 20- 10.4(C)(7)(a).
Under this requirement, the applicant must demonstrate that diligent efforts were
made to install the facilities on City -owned telecommunication facilities located within
a Y2 mile radius of the proposed telecommunication tower site.
In an effort to meet the above- mentioned criteria, efforts were made to locate
potential City- owned sites in order to co- locate the facilities onto an existing tower.
However, we have been unable to locate any City -owned towers or structures within
the Y2 mile search ring that would accommodate our facilities and technical
requirements.
Unfortunately, due to the geographic location requirements, most of the surrounding
properties are single- family residential developments. Therefore, our only potential
candidates were the Public School and the YMCA (application) sites.
Should you have any additional questions, please advise.
Rest f Ily to ,
A o Bust ante
Zoning Manager �,,,•w�, Cindy orate
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May 1, 2001
Mr. Richard Lober
Director of Planning and Zoning
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Planning Bd. Application PB -01 -004
AT &T Wireless Services YMCA
Subject Property: 4300 S.W. 58th Avenue
Mr. Lorber:
This letter is in reference to the requirements from the City of South Miami Municipal
Code, Siting Regulations for Telecommunication Towers Section 20- 10.4(C)(7)(b).
Under this requirement, the applicant must demonstrate that diligent efforts were
made to install the facilities owned by private individuals within a Y mile radius of the
proposed telecommunication tower site.
In an effort to meet the above - mentioned criteria, efforts were made to locate the
tower facility on the school property just west of the proposed site. The School had
been approached as a potential candidate, but the school Principal declined to allow
the facility on the school property at that time.
Unfortunately, due to the geographic location requirements, all the surrounding
properties are in an RU -1 zoning where such facilities are not allowed. Therefore,
our only potential candidates were the Public School and the YMCA (application)
sites.
Should you have any additional questions, please advise.
.0 n
I .-Y -JM L A111G 11L`
Zoning Manager
Spar,
On Cindy Orantes
MyCo�ission DWI O M
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20 -10.7 Procedure for special use.
Any of the permitted special uses in this Article may be approved and permitted by the City
Commission at a public hearing, upon an affirmative vote of four of the Commissioners, after
a recommendation by the Planning Board, provided that the use complies with the require -
ments of. this Article, Section 20- 3.4(A), entitled "General Requirements," Section 20 -5.8,
entitled "Special use approvals, and any other requirements and conditions the City
Commission may consider appropriate and necessary.
20 -3.4 Special use conditions.
Any of the following special uses may be approved and permitted by the city commission at
a public hearing, after a recommendation by the planning board, provided' that such use is
specifically listed as a permitted special use in the appropriate district column in the Permitted
Use Schedule (Section 20- 3.3E), and that such use complies with the following general and
special ` requirements and any other conditions that the city commission may consider
appropriate and necessary:
(A) General Requirements.
(1) All such uses shall comply with all requirements established in the appropriate zoning
use district, unless additional or more restrictive requirements are set forth below or
by the city commission.
(2) All such uses shall be determined to be of a compatible and complementary nature with
any e)dsting or planned surrounding uses.
(3) A public hearing shall be held by the city commission to determine the overall
compatibility of the use with *he surrounding neighborhood.. \
20 -5.8 Special use approvals.
(A) Use Schedule Reference. A special use may be granted for any use indicated in the Permitted Use
Schedule (Section 20 -3.4E) with an "S designation in the appropriate district column,
(B) Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use meets the
conditional requirements set forth in Section 20 -3.4 and that it:
(a) Will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The city commission may designate such additional conditions in
connection with a special use as will, in its opinion, assure that such use will conform to
the foregoing requirements.
(C) Expiration of Special Use Approvals. An approved special use shall lapse after six (6) months if
no building permit or certificate of occupancy has been issued for such use and if the city
comrnissionhas not specified a longer approval period for good cause.
(D) Extension of Special Use Approvals. Four (4) affirmative votes of the city commission may grant
an extension for a previously approved special use if a proper and timely request is made by the
applicant prior to the expiration of the approval period.
(E) _ Special Use Reapplication. No reapplication for a special use shall be accepted by the city within
twelve (12) months of the date of final disapproval by the city commission of a previous
application for a special use involving the same or substantially the same property, unless
evidence is submitted to and accepted by the city commission which justifies such reconsideration.
Neighbors of South Miami
City of South Miami
Planning & 'Zoning !Dept.
6130 Sunset Drive
South Miami, P133143
To: Mr. Richard Lorber
Director of Planning
City of South Miami
I'
Ref Item: P&01 -004
Applicant: AT &T Wireless Service Antenna.
Dear Mr. Lorber and all other members of the ]Planning &Zoning Department:
L
May this letter serve as a notifeation to ail the members and parties involved in the
Project of building an 80' feet tall antenna at YMCA site located 4300 SW Ss`h
street, OPPOSE to this project.
I
Not only this antenna will decrease the value of our properties, but is also a harmful
Weapon to our children in our neighborhood. This is a residential neighbor hood,
not a commercial.
Please find names and address of all the persons oppose, We trust that our
Opinions count. We believe we must keep our neighbor as healthy ** can be.
Name: J vim_
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Name. Address: 6 e' .,�4,2.
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V 9-Y
MAY 29 '01 10 :02AM SCHENKER MIAMI 305 5979273 P.3/3
v
MAY 29 '01 10: 04AM SCHE'dKER MIAMI 305 5979273 P.1/2
Martha S. Cruz
5801 S W. 42 Terrace
Miami, Florida 33155
City Of South Miami
Planning +& Zoning Dept.
6130 ,Sunset Drive
South Miami, F1 33143
To Mr. Richard Lorber
Director of Planning
City of South Miami
Ref: ITEM: PB -01 -004
Applicant AT&T Wireless Service, Antenna.
Dear Mr. Lorber• and all other members of the Planning & Zoning Department;
It has ra been quite a disappointed to learn that the City of South Miami, my beautiful
neighborhood where I have existed for the last 23 years, raised nay two children, enjoying
the growth of my5 year old niece, listening the dozens of'children playing around my
black is considering the project by AT&T to build a 80' feet antenna.
Directors, not only this project will definitely disvalue the properties in South Miami,
But your residents main concern is the "HEALTH" of our children have you consider
Tliat the " Hazardous " to our little minds who are learning in our elementary school of
South Miami? How about the Electrical site, don't you think this is a Fatal site, for our
Children? Children are curious, they can enter a fence in a matter of seconds, and wheat
would it take for a child to be harm one of our precious ones....
A high of 80' feet a not one that you can avold seen. I do not see one installed in the city
of Coral Cable, do you ?? I do not see one installed in the city of-West Miami, do you?
I am strongly opposed to this project and I hope that our remembers in the City Of South
Miami votes against it.
I intent to have every neighbor signed a letter I believe that our opinions are value and
These must be considered.
4ZreCga0s,`1q
ruz
E ff 0 V
D
City of South Miarni hl AY c 9 2001
Planning & Zoning Dept.
6130 Sunset Drive
South Miami, Fl 33143
Honorable Members of the Board
I have received your letter" in reference to Item P8 -01 -004
Applicant AT & AT Wireless.
vigorously oppose the request for approval, construction, and or use of
the YMCA site at 4300 SW 58 Street.
Such a device while monetarily beneficent to the YMCA adds nothing to
the value to the neighborhood properties and indeed would be an eye sore
distraction, lowering property values regardless of how camouflaged.
Also to allow these high nower electromagnet impulses to bombard the
tender brains and bodies of the children in the adjacent elementary
school without a study of reasonable length and depth seems to me to be
unconscionable. In as much as there appears in the news media from time
to time not only the effect of handheld cell phones but broadcast
stations, as well it; would seem prudent to me , err in the direction of
safety.
therefore concur with the Honorable Board members that the request
from AT &T be denied.
c
Ralph Sevelius
5800 SW 42nd Terr. & 5802 SW 42-nd T err.
Miami, F1 33155
Elmer A. Sevelius
5790 Sw 42nd Terri
� S
Miami, Fl 33155
.-m 3
Cellphone companies sued'
Associated Press
BALTIMORE A lawyer
known for suing the tobacco
and asbestos industries is now
going after cellphone compa-
nies, alleging in new lawsuits
that they have known about
health risks for users of the
Phones but failed to warn them.
Peter Angelos filed class -ac-
tion lawsuits Thursday in
Maryland and three other
states. The suits seek to force
the wireless industry to cover
the cost of headsets that Ange-
los says would protect users
from possible radiation haz-
Ards.
"Use the earpiece, and you
avoid the hazard," said Ange-
los, who is perhaps best known
as the owner of the Baltimore
Orioles. "And if we get that far,
at least the public knows that
the potential hazard exists, and
they know a way to avoid that
potential.
The suits claim there are
links between cellphone use
and a host of health problems,
including damage to basic brain
function. Two Baltimore -area
residents named as plaintiffs in
the Maryland case don't claim
any health problems caused by
cellphones but want the com-
panies to pay for headsets as a
preventive measure.
Cellphone makers insist
VATICAN RADIO WILL
MOVE TRANSMITTER
ROME: --Vatican Radio
said Friday it will move one of
its main transmitters'out of
Italy to resolve a,dispute over
the health effects of its radio
waves.
On Friday night, the Vati-
can and the. Italian govern-
. ment announced'a compro
misp to end the dispute, which
at one point saw, Italy's envi-
ronment minister threaten to
pull theplug on the broad-
caster.
Vatican Radio broadcasts
Pope John Paul II's words
around the world. It had been
under pressure to reduce
electromagnetic' emissions
because people living near the
transmission facility believe
thev are n hPai +h 1 4
there is no scientific evidence
that their product poses any
health risks. They cite two
studies published last Decem-
ber that found no evidence of
increased incidence of brain
tumors in people who use cell-
phones.
"There is absolutely no
credible evidence of any health
risks associated with the use of
wireless phones," said Norman
Sandler, director of global stra-
tegic issues at Motorola.
Nonetheless, such claims
have been raised in previous
lawsuits across the country
including some others in which
Angelos' firm is involved. Fed-
eral agencies are studying the
issue but have not ruled on cell
phone safety.
Angelos wants the new law
suits certified as class action
which could bring all curren
and future cellphone user;
under their umbrella. In addi
tion to asking the companies tc
provide headsets — which sel.
for $20 to $100 apiece — the
lawsuits also seek unspecifiec
punitive damages.
Companies named in Ange-
los' lawsuits include Motorola,
Ericsson, Sprint PCS, Nextel,
AT &T and Verizon. In addition
to Baltimore, the suits were
filed in state courts in Pennsyk
vania, New York and New T,
sey.
•
AO. Cellphone
data inc onc
More research needed on health risk
BY KALPANA SRINIVASAN
Associated Press
WASHINGTON — Research to F
date cannot assure that the mobile
phones used by more than 115 million
Americans pose no health risk, con - '
gressional investigators say, provok-
ing fresh calls for efforts to better
inform consumers. `
A report by the General Account- ;
ing Office released Tuesday relied on = '
the work of major health agencies and
interviews with prominent scientists AP FILE
to reach this consensus: Current
research doesn't show that the radio VARIABLES: The type of equipment
waves emitted by cellphones have used or a small change in the position ;
adverse health effects, but "there is of the phone can affect test results.
not yet enough information to con-
clude that they pose no risk." way, but "it will likely be many more
That's partly because most years before a definitive conclusion
research on radio frequency energy can be reached on whether mobile
has focused on short -term exposure of phone emissions pose any risk to
the entire body, the report said. There
Are long -term studies currently under 0 PLEASE SEE CELLPHONES, 3C
SOUTH MIAMI HOMEOWNERS ASSOCIATION
May 28, 2001
South Miami Planning Board
Richard Lorber
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Planning Board,
This letter is in regard to the proposed cellular communications facility on property
owned by the YMCA, located at 4300 SW 58 Avenue. Based upon a review of the
revised application, showing an antenna approximately 65 feet above the ground
surface of surrounding neighborhoods and effectively shielded from view by trees;
SMHA, on behalf of several area residents, has no objection to the proposed r antenna.
We are confident that other issues concerning the antenna are being adequately
addressed by the city's Planning and Zoning Department.
Sincerely,
Jay F. Beckman
Director
f.
City of South Miami
Planning & Zoning Dept.
6130 Sunset Drive
South Miami, FL. 33143
To all those concern /Involved,
4/30/01
I am in receipt of your letter in reference to;
ITEM: PB -01 -004
Applicant AT &T Wireless Service
I strongly oppose the request for Approval, Construction, & or Use of the
YMCA site, Located @ 4300 SW 58th Street.
Construction of such a tower is horrifying. An antenna tower will only
decrease the value of the properties that make up this beautiful area, "It
could only be considered An Eye Sore." Let's kip residential areas positive
and homey. "Not Commercial Give our families and children opportunity to
remember their neighbor with blue skies, birds, & palm trees, not a Cellular
Communications Antenna Tower.
Quite a difference in your minds eye!
I reiterate, I am in complete opposition of approval of the "special use" in
regards to the location mentioned above.
Please make record of this opposition.
Respectfully,
a
c�
DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 29, 2001
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr.
Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson.
City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy
Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M.
Menendez (Board Secretary).
III. Special Notice
Before opening the public hearing, Mr. Morton announced that the applicant of
Shoal Creek Properties L.L.C., for a proposed rental apartment building at the
northeast corner of SW 70th Street and SW 61st Avenue, had requested a deferral of
the item until a revised application could be submitted. Staff announced that this
item is being tentatively scheduled for the Planning Board meeting of July I oth,
2001. Proper publication of such notice will take place prior to the meeting date.
IV. Public Hearing
(A) PB -01 -004
Applicant: AT &T Wireless Services
Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO
SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL
USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR
Planning Board Meeting
May 29, 2001
COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY
LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ". PUBLIC /
INSTITUTIONAL ZONING DISTRICT,
Action: Ms. Chimelis read the request into the record and staff presented the
request, giving an overview of the proposal, indicating that the present request is a revision
of the original proposal. The applicant's original submission showed the height of the
flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the
antenna was excessive and could not be screened from view by existing trees.- In addition,
staff was also concerned about the electrical equipment building with a barbed wire topped
screen fence located within a few feet of recreational facilities for children. Therefore, due
to the above concerns, staff had recommended denial of the request.
The revised plans submitted by the applicant show a reduction in the height of the pole to
75 feet, also showing removal of the barbed wire from the screen fencing around the
electrical equipment building. In addition, the applicant has carried out a line -of -sight
study from several locations in the surrounding residential neighborhoods. The results
indicate that the flagpole will not be visible from most of these; locations. ' The applicant is
also proposing to plant heavy vegetation with 60 -80 feet high trees between the flagpole
and the residences which will contribute to significantly screen the tower.
Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman
(Lotterman Development Corporation)
Felix Bravo, (AT &T Wireless)
The Board, staff and representatives discussed the proposal. The particular design of the
tower was discussed. In addition, the Board inquired whether the applicant had pursued
other locations prior to selecting the YMCA site. The Board also raised the health issue.
The City Attorney informed the Board that the Telecommunications, Act of 1996
specifically precludes municipalities and local governments from considering any
environmental health issues, therefore, that could not be considered evidence that can be
weighed in the determination of granting or denying the application.
At 8:30 PM Mr. Morton called for a five - minute recess to allow those present to examine
the graphics and photographs brought by the applicant with respect to the proposed
telecommunication tower. The meeting was reconvened at 8:35 PM.
Speakers: (residents against proposal):
Ana M. Rabel, 5876 SW 42 "d Terrace
Martha Cruz, 5801 SW 42nd Terrace
Manuel Lopez, 5990 SW 44th Terrace
Speaker: (for YMCA)
Mark Thompson
Residents' concerns included but were not limited to: possible negative impact on property
values; hurricane- related damage; flagpole becoming an eyesore; trees not tall enough to
2
Planning Board Meeting
May 29, 2001
conceal the tower; health threat on the long run; electrical facility installed too close to
YMCA children's playground.
The Board requested from the staff that for future applications of this nature, a site plan of
the general area showing existing tower locations be included in the package, together
with any possible sites where these telecommunication towers may be installed and the
reasons why the requests were rejected.
First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the
motion. Mr. Mann wanted to add to the motion the clarification that although the residents
I�
in the area are opposed to the proposed project, it is important to indicate that AT &T,
within the framework of the regulations, has apparently made efforts to work with the
community.
Action: Mr. Comendeiro moved to withdraw his motion to approve.
Second Motion: Mr. Morton moved approval of the request as presented, and shown on
the revised plans dated 5- 22 -01. Mr. Illas seconded the motion.
Vote: Approved 4 (Mann, Illas, Morton, Gibson)
Opposed 3 (Liddy, Chimelis, Comendeiro)
The Board was informed that the City Commission will consider this request at its next
meeting, June 12, 2001
Ms. Chimelis requested that a member of the Board attend the City Commission meeting
of June 12, 2001.
(B) PB -01 -009
Applicant: Michael Lopez
i
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" AND
SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE-
PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A
f
PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL
(HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the request into the record. Staff recommended approval
of the request to amend the Land Development Code's Permitted Use Schedule and the
Hometown District to allow tanning studios as a permitted use in the SR and Hometown
zoning districts.
Applicant: Michael Lopez
i
3"
Planning Board Meeting
May 29, 2001
The Board, staff and representative briefly discussed the request. There were no speakers
at the public hearing.
Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion.
Vote: Approved 7 Opposed 0
(C) PB -01 -007
Applicant: Mayor and City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED
"OUTDOOR SEATING /DINING FOR ALL COMMERCIAL
PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL
OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE
STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF
UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH
MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Mann read the request into the record and staff presented the proposed
amendments.
Speaker: Mauricio Farinelli, restaurant owner.
The Board and staff discussed the request which centered on providing additional
requirements to LDC regulations governing Outdoor Seating.
The staff report contained two alternative ordinances which provided` for unobstructed
sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed
passage allowing only one row of seating against the building. The Planning Department
was recommending alternative (A) amending the current regulations to require five (5) feet
of unobstructed passage for a single row of seating and six (6) feet of sidewalk between
two (2) rows of seating. During discussion, Board members expressed concern that other
regulations governing outdoor seating needed to be more specific, and several amendments
were proposed.
Staff pointed out that all of the amendments will be made to both sections of LDC which
contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and
Section 20 -7.29.
Motion: Mr. Comendeiro moved to approve the following amendments to Section 20
3.3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on
one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk
unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not
4
Planning Board Meeting
May 29, 2001
exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance
height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be
limited to the frontage of only one adjacent storefront; (5) the written consent provided by
property owners in front of whose properties outdoor seating / dining service occurs shall
include an insurance policy naming the City as co- insured and a hold harmless clause in
favor of the City. Mr. Morton seconded the motion.
Voter Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro)
Opposed 2 (Mann, Morton)
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of April 24, 2001.
Vote: Approved 7 Opposed 0
VI. Discussion Items
The Board and staff discussed the following but was not limited to: (1) the importance of a
member attending the next City Commission meeting in order to convey the views of the
Board to the Commission on the requests presented at this meeting. (2) staff also stressed
the importance of having quorum for the next Planning Board, meeting scheduled for July
10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann
informed that they will not be able to attend. Mr. Illas was uncertain whether he could
attend. (3) they discussed the possibility of amending the code in the future in order to
change the number of members from five to four to constitute a quorum. Also, they
discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference
to some neighbors who have approached him with the complaint that they are being cited
for garbage protruding into the street they claim the garbage is not theirs and it is just
being dumped in front of their property. Also, Mr.' Mann referred to a new residence
which it has recently been finished and which resembles a "football stadium" when is lit up
at night and wanted to know of any code restrictions on external lighting. Staff clarified
that the above complaints should be directed to the Public Works and /or the Code
Enforcement Departments for proper handling.
VII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 10:37 PM.
K: \PB \PB Minutes0001 Minutes \MINS 05- 29- 01.doc
5
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 of Legal Advertising 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 advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MMIAMI
PUBLIC HEARING 6 /12/01
RES. RELATING TO A
REQUEST PURSUANT TO
SECTION 20 -10.6
in the ...... ......XXXXXXX .................. Court,
was published in said newspaper in the issues of
Jun 1, 2001
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, for a period of one year next preceding the
first publ' ion of the attached copy of advertisement; and
affiant rth r says that she has neither paid nor promised
any 4so4firm or corporation any discount, rebate, com-
missi n o refund for the purpose of securing this advertise-
ment o ublicati in the said news per.
Sworn to a d subscribed before me this
1 2001
. .. day f A...., A.D.........
(SEAL)
�r
Sookie Wi nally knoWATA f161ESA
t MY C01WAISSION # CC 885640
EXPIRES: t:farch 4, 2004
horded Thru Nota, i Public Underwriters
.o.muvro.a
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting on Tuesday, June 12, 2001 beginning at 7:30 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND THE CITY COMMIS-
SION OF THE CITY OF SOUTH MIAMI RELATING TO A RE-
QUEST PURSUANT TO SECTION 20 -10.6 OF THE LAND DE-
VELOPMENT CODE FOR SPECIAL USE APPROVAL TO
CONSTRUCT A STEALTH CELLULAR COMMUNICATIONS
FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCAT-
ED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ", PUBLIC /
INSTITUTIONAL ZONING DISTRICT; PROVIDING AN EFFEC-
TIVE DATE.
Inquiries concerning this item should be directed to the Planning Do
.partment at 305 - 663 -6326.
ALI, :nt rested parties are invited to attend and will be heard.
{
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board, •
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the proceedings, and that for.
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based. 01- 3- 89/168282M
6/1 --
YMCA
We build strong kids,
strong families, strong communities
June 12, 2001
To whom it may concern,
1 -kmit ✓&
ot
s
On behalf of the Southwest YMCA Board of Managers, I support leasing a portion of the
property to AT &T Wireless Services for a communications facility. The area to be
leased is where outdoor racquetball courts are currently located.
The Board and staff have worked together to address any issues or concerns. This has led
us to where we are now with location. Additionally, an appropriate monthly lease fee has
been worked out that will greatly enhance our YMCA's ability to assist more children in
need of YMCA programs and services, but without the financial resources to afford.
Sincerely,
Anthony M ino
Chairman, Board of Managers
Cc: Members, Southwest Board of Managers
Mark Thompson, Executive Director
YMCA of Greater Miami
Southwest YMCA • 4300 Southwest 58th Avenue • Miami, Florida 33155
305- 665 -3513 • fax: 305- 665 -7816 • swymca @aol.com
YMCA OF GREATER MIAMI
SOUTHWEST BRANCH
BOARD OF MANAGERS
ADDRESSES
0
PHONE NUMBERS
ti Anthony Merlino (Board Chairman)
The Dardick Agency
6622 Santona Street
Coral Gables, FL 33146
(H) 305 -668 -4164
(W) 305 -670 -9991
(F) 305 -670 -9992
(C) 305 - 785 -7507
(E) tonymer@bellsouth.net „
(E) anthonymer@aol.com
Pedro Alberni (Immediate Past Board Chairman)
Alberni & Alberni P.A., CPA'S
734 Paradiso Avenue
Coral Gables, FL 33146
(H) 305 -662 -2917
(W) 305 -662 -7272
(F) 305.662 -.4266
(E) alberni2pa @hotmail.com
Wayne Vensel (Past Board Chaiman)
Wayne Vensel /Architect, Inc.
8605 SW 147 Terrace
Miami, FL 33158
(H) 305 - 253 -3727
(W) 305. 662 -1690
(F) 305- 662 -1780
Ms. Kathryn Banks
Mondo Marketing, Inc.
3141 Indiana St.
Miami, FL 33133
(H /W) 305- 443 -7300
(F) 305 - 443 -0635
(E) kbanks@mondomarketing.com
Fred Ortiz
Smith, Ortiz, Gomez & Buzzi P.A., CPA's
132 Minorca Ave.
Coral, Gable, FL 33134
(H) 305 - 598 -0437
(W) 305 - 441 -1012
(F) 305 - 442 -1138
Marie Jones
J Poole Associates, Inc
Realtors
9035 SW 62 "d Terrace
Miami, FL 33173
(H) 305- 271 -2711
(W) same
(F) 305 -595 -2379
Mr. Angel C. Saqui, II
Angel C. Saqui FAIA Architects
2801 Ponce de Leon Boulevard
Suite# 820
Coral Gables, FL 33134
(W) 305- 445.4544
(F) 305- 445 -5044
(E) asqui@saguiarchitects.com
Mr. Brian Woolfolk
FL Dept Children & Families
6600 SW 57th Ave Suite 100
Miami, FL 33143
(W) 305- 284 -0914
(F) 305- 663 -2063
(E) businesl @bellsouth.net
Bill Kerdyk
Board Member Emeritus
4350 Palmarito Street
Miami, FL 33155
(H) 305 - 665 -8484
Hanna Khoury
President, Global Air Spares Inc.
1001 Bellavista Avenue
Coral Gables, FL 33156
(H) 305 - 667 -2629
(W) 305 -477 -4555
(F) 305- 477 -4646
(E) Khouryh@aol.com
Dr. Ray Lloret
Baptist Hospital
9390 SW 63 Court
Miami, FL 33156
(H) 305 - 661 -1223
(W) 305- 275 -8200
(F) 305- 274 -7812
Michael J. Samuels
County Court Judge
4001 Utopia Court
Miami, FL 33133
(H) 305 - 441 -2745
(W) 305 -349 -5700
(F) 305 - 349 - 5676
(E) msamuels@,iudll.fIcourts.org
Julio Robaina
(Retired) Mayor, City of South Miami
4308 SW 62 Avenue
Miami, FL 33155
(W) 305 -663 -6341
(F) 305 - 663 -6348
(E)
MgyorJRobaina@cityofsouthmiami.com
James Romano
Romano Brothers Construction Inc.
3111 SW 27 Avenue
Coconut Grove, FL 33133
(W) 305- 476 -8777
(F) 305- 476 -8877
(E) erectorl@netzero.net
George Shoffner
Vice President,
South Miami Hospital
3780 Kent Court
Coconut Grove, FL 33133
(H):305 -445 -7045
(W) 305 - 662 -5399
(F), 305 - 662 -5356
(E) georges @bhssf.org
Dr. Hobie Furshman
Furshman Chiropractic Center
460 South Dixie Highway, Ste. A
Coral Gable, FL 33146
(H) 305 461 -1240
(W) 305 - 668 -9545
(F) 305- 668 -9541
Steve Reilly
South Coast Consultants
5999 SW 44 Terrace
Miami, FL 33155
(H) 305 -669 -9956
(V) 305 - 939 -1099
(W) 305 - .857 -0400
(F) 305 - 857 -0441
y
Luis E. Perna
President,
LEP, Residential and Commercial Finance
1350 Red Road, Suite212
West Miami, FL 33126
(W) 305- 269 -0065
(F) 305 - 269 -7292
(E) Iperna1960 @aol.com
Larry Biondi
Senior Vice President, Marketing
Interval International Inc.
6262 Sunset Drive
Miami, FL 33143
(W) 305 - 666 -1861 ext. 7166
(F) 305 - 668 -3413
Mr. Simon Curtis
Center 'Manager, NABI
1420 Brickell Bay Dr. # 1402
Miami, FL 33131
(W) 305 - 663 -6224
(F) 305 - 663 -9905
(E) scurtis@nabi.com
Mr. Frank Lopez
CEO: Futurescope Records and Films
15431 West Dixie Hwy. Suite #6
North Miami Beach, FL 33162
(C) 305 - 562 -3775
Oscar F. Guitian
CEO Last Laugh Entertainment
662 SE 6t" Place
Hialeah, FL 33010
(H) 305- 282 -7279
(F) 305- 883 -7247
Claudio Medina
Continental Electric & Lighting
7360 SW 41St ST.
Miami, FL 33155
(H) 662 -1609
(W) 266 -5730
(F)266-8707
(C) 796 -0098
(E) cme9305381 @aol.com
Patrick Burns
City of Miami Police Officer (Retired)
1996 Olympic Boxing Coach
7825 SW 53 PI'.
Miami, FL 33143
(H) 305- 661 -8196
(W) 305 -790 -7465
(B)1 -800- 965 -1540
(C) 305- 753 - 8195
(F) 305 - 668 -8946
Ron Simkins
5425 SW 92nd Street
Miami, FL 33156
(H) 305 -662 -7229
(C) 305 - 772 -6581
(E) simroncrt @aol.com
Dr. Harry Hamburger
Ophthalmologist - Kendall Eye Inst.
10040 SW 601h Court
Miami, FL 33156
(H) 305 -668 -9290
(W) 305 - 271 -4544
(F) 305- 274 - 9668
Abner Silverio
President,
Siiverline Technologies, Inc
6421 SW 43 "d Street
Miami, FL 33155
(H) 305 -663 -6056
(F) 305- 662 -9988
(E) stinow @bellsouth.net
Frank Carreras
President,
BenTrust Financial
7250 SW 102 Street
Pinecrest, FL 33156
(H) 305- 663 -8134
(W) 305. 629 -9638
(C) 305 - 815 -6452
Raymond McElroy
President RFM Construction, Inc.
2355 SW 27 LN
Miami, FL 33133
(H) 305- 856 -0195
(F) 305 -856 -1777
(C) 305- 975 -6120
(E) rfmconst @netzero.net
(Last update 5/15/01)
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Main From: "Carswell, Keith" <KCarswell@facil.dade.kl2.fl.us>
Message:
Lf of 40
To: "Brad Cassel (E- mail)" <bcassel@lottermail.com>
Subject: Miami -Dade County Public School Sites With Telecommunications Facilities
Date: Tue, 5 Jun 2001 17:19:11 -0400
As a fol ow -up to our conversation, listed below are Miami -Dade County
Public School sites with telecommunications facilities:
Help Carrier School Site
A.T. & T. Wireless Bent Tree Elementary School
4861 S.W. 140 Avenue
Miami, FL 33175
A.T. & T. Wireless Christina Eve Elementary School
16251 S.W. 99 Street
Miami, FL 33196
Cingular Wireless LLC Miami Killian Senior High
10655 S.W. 97 Avenue
Miami, FL 33176
Sprint Spectrum LP (Co- Location) Miami Killian Senior High
10655 S.W. 97 Avenue
Miami, FL 33176
Verizon Wireless Southwest Miami Senior High
8855 S.W. 50 Terrace
Miami, FL 33165
Should you have any questions, please feel free to e -mail or give me a call
at (305) 995 -7486.
KC
Bechtel
„
http:// www. lotterman .com:... /rmail.33583.cgi ? &mbx= Main &msg =11 &msgsort=30 &mbxdate= 99228580 06/11/2001
Stealth Network Technologies: WELCOME TO STEALT�l Page 1 of 1
NETWORK TECHNOLOGIES, INC.
WELCOME TO STEALTH
Stealth Network Technologies, Inc. designs, engineers and
installs complete antenna concealment sites.
Stealth's sole business is creating solutions which enable wireless
carriers to implement their massive infrastructure buiidout.
Rooftops, flagpoles, bell towers, crosses, clock towers, roadsigns,
silos, water towers, monopoled towers, and even extreme custom
antenna concealment projects have been successfully designed,
engineered and installed by Stealth.
StealthSkinV, an RF friendly material, allows for a wider support
window to better the antenna's performance.
Stealth has tested a complete rooftop enclosure to get a better
understanding of RF transmission /reflection loss that can occur if
improper support systems are designed and installed.
Please contact Stealth at 800- 755 -0689 or use our Feedback
Section if you have any questions. Stealth is the solution to your
problem!
Stealth Network Technologies, Inc.
6549 -A Fain Boulevard
North Charleston, SC 29406
Phone: 800 -755 -0689
Fax: 843- 207 -0207
http: / /ww\,v.stealthsite.com/page.cfm ?category= home &product _ id =0 4/4/01
Stealth Network Technologies: THREE SECTORED SUSANTM CONCEALMENT Page 1 of 2
NETWORK TECHNOLOGIES, INC..
Flagpoles
Sites Unseen
Panels
Structural /RF Testing
Standard Products
ii dal
THREE SECTORED SUSAN TM
CONCEALMENT
• 9.5" DIAMETER FLAGPOLE • BANNERILIGHTPOLE
• CELLULAR FLAGPOLE • CRANKSHAFT FLAGPOLE
• CROSS POLE • PCS FLAGPOLE
Stealth Network Technologies, Inc.'s Three Sectored SusanTM
antenna concealment applications allow carriers to get their sites
up quickly. The Three Sectored SusanTm is designed to allow the
carrier to present a visually pleasing tri- locatable antenna site.
The name originates from the product's design: the antennas can
rotate (similar to a Lazy Susan) to attain proper azimuth.
An added feature of the Three Sectored Susan TM is the flexibility
of its design. The Three Sectored Susan'sTM design can easily be
modified to perform as a lightpole, banner pole, cross pole, free
standing or roof mounted pole. With additional modifications, the
concealment section can be reduced from 3 sectors to 2 or even 1
sector.
Our design can also be modified to offset the internal support
structure. This way, larger size antennas can be located at
different elevations. The Three Sectored Susan TM products also
have the capacity to accommodate a vertical array of directional
antennas.
The standard Three Sectored SusanTm application is available in
both PCS and Cellular versions. The PCS version has a nominal
diameter of 18" and is approximately 18' high, while the Cellular
version has a nominal diameter of 24" and is approximately 30'
high. Standard base poles are available up to 150', and custom
heights are available.
Antenna accessibility is built into the Three Sectored Susan's TM
design. The concealment covers are telescoped so that they can
be raised around the cover above to make access for antenna
maintenance easy and fast.
Coaxial cable is run through passages in the base flange and
bulkheads. The Three Sectored Susan T11 can be designed to
accommodate most antenna height requirements and meets or
exceeds all municipality wind load requirements.
http : / /www.stealthsite.com/page.cfm ?category= Flagpoles &product_id =0 4/4/01
Stealth Network Technologies: THREE SECTORED SUSAN''M CONCEALMENT Page 1 of 2
NETrI+: K TECHNOLOGIES, INC
f
THREE SECTORED SUSAN TM
CONCEALMENT
• 9.5" DIAMETER FLAGPOLE • BANNER/LIGHTPOLE
• CELLULAR FLAGPOLE . CRANKSHAFT FLAGPOLE
• CROSS POLE • PCS FLAGPOLE
CELLULAR FLAGPOLE
Design enables a
set of three Cellular
antennas, at three
different elevations,
to be mounted
inside RF
transparent
cylinders.
® Cylinders can
easily be raised to
gain access to the
antennas for
maintenance.
Antennas can
rotate ("Lazy
Susan") to attain
proper azimuth.
. The base poke
section includes
three contoured
access ports at the
top and one
contoured access
port at the bottom
of the base pole.
http: / /www.stealthsite.com/page.cfm? category = Flagpoles &product _ id =1 4/4/01
Stealth Network Technologies: THREE SECTORED SUSANTM CONCEALMENT Page 2 of 2
Will meet or
exceed any
municipality wind
load requirements.
Includes 10'x 15'
United States Flag
and custom truck
assembly. Larger
flags available
upon request.
Available as a
freestanding pole
or rooftop mounted.
. Variety of finishes
available.
Foundation
drawings included.
Foundation design
available detailing
underground
conduit access.
. Maximum antenna
dimensions (8'x
12" x 7 ").
. Installation Video
and Brochure
included with
delivery.
. Photos and photo
simulations
available upon
request.
http : / /www.stealthsite.com/page.cfm ?category= Flagpoles &product_id =1 4/4/01
Stealth Network Technologies: AUTHORIZED SALES REPRESENTATIVES Page I of 5
y
NETS+ ! K TECHNOLOGIES, INC..
AUTHORIZED SALES
REPRESENTATIVES
DISTRICT OF COLUMBIA, VIRGINIA, MARYLAND,
DELAWARE, NEW JERSEY (Southern), PENNSYLVANIA
(Eastern)
All American Associates
Main Contact: Dusti Phillips — allamerdap @aol.com
Location: Main Office
12 Galloway Avenue, Suite 3A
Hunt Valley, MD 21030
Phone: 410- 628 -9300
Fax: 410- 628 -1277
www.allamericanassociates.com
MARYLAND, WASHINGTON D.C.
Contact: Jeff Hohman - americanhohman @aol.com
Location: 12417 Falls Road
Kockeysville, MD 21030
Phone: 410- 560 -5879
Fax: 410 -560 -3291
DELAWARE, NEW JERSEY (Southern), PENNSYLVANIA
(Eastern)
Contact: Michael Gormley — mgorms@bellatlantic.net
Location: 804 Disston Street
Philadelphia, PA 19111
Phone: 215- 742 -1383
Fax: 215- 742 -2056
VIRGINA (Northern)
http : / /www.stealthsite.com/page.cfm ?category= reps &product _ ld =0 4/4/01
Stealth Network Technologies: AUTHORIZED SALES REPRESENTATIVES Page 2 of 5
Contact: Carroll Williams — chwrunner @prodigy.net
Location: 16 Carodon Drive
Ruckersville, VA 22968
Phone: 804 -985 -6236
Fax: 804 -985 -1297
VIRGINIA (Southern)
Contact: Scott Titanish — scotttitanish @freewwweb.com
Location: 4305 Castle Drive, Apt. D
Richmond, VA 23231
Phone: 804- 652 -4755
Fax: 804- 652 -4756
IOWA, NEBRASKA, KANSAS, MISSOURI, ILLINOIS (Southern)
Bettis Company
Main Contact: Christy Nelson — sales(cD-bett scompany.com
Location: Main Office
9290 Bond Street, Suite 110
Overland Park, KS 66214. -1729
Phone: 913 -541 -9552
Fax: 913- 541 -9566
www.beftiscompany.com
KANSAS, MISSOURI, ILLINOIS (Southern)
Contact: Bob Bartnett — bob @bettiscompany.com
Location: Main Office
IOWA, NEBRASKA
Contact: Marvin Japel — japel@bettiscompany.com
Location: 2709 Jackson Street
Sioux City, IA 51104
Phone: 712 -255 -0449
Fax: 712- 255 -8153
NEW YORK (New York City proper & Long Island,
Westchester and Rockland Counties), NEW JERSEY
(Northern)
Epstein & Siebal Associates, Inc.
Contact: Paul Epstein — pepstei @attglobal.net
Location: 16 West Palisade Avenue
Englewood, NJ 07631
Phone: 201 - 569 -7600
Fax: 201 -569 -0252
OKLAHOMA, ARKANSAS, LOUISIANA, TEXAS (excluding
Western counties)
Hite Electronic Sales Co.
Main Contact: Sandy Martin — smartin@hitesales.com
Location: Main Office
7990 Dick Price Road
Mansfield, TX 76063
Phone: 817 -483 -7077
Fax: 817- 483 -6193
www.hitesales.com
LOUISIANA, OKLAHOMA, ARKANSAS, TEXAS (Eastern &
http : / /www.stealthsite.com/page.cfm ?category= reps &product _ id =0 4/4/01
Stealth Network Technologies: AUTHORIZED SALES REPRESENTATIVES Page 3 of 5
�C
r
Northern)
Contact: Doug Krotz - dougkrotz @hitesales.com
Location: Main Office
TEXAS (Southern)
Contact: Calvin Clements — hitesls @flash.net
Location: Main Office
ARIZONA, MONTANA, NEW MEXICO, UTAH, COLORADO,
WYOMING, TEXAS (Western counties)
KC Marketers, Inc.
Main Contact: Jim Knutson — jck4401 @aol.com
Location: Main Office
6502 S. Owens Court
Littleton, CO 80127
Phone: 800 -525 -8407
Fax: 303- 972 -0134
ALABAMA, FLORIDA, GEORGIA, MISSISSIPPI, NORTH
CAROLINA, SOUTH CAROLINA, TENNESSEE
` Dave Joyner & Associates
Main Contact: Paige Joyner — paige@davejoyner.com
Location: Main Office
P.O. Box 500069
Atlanta, GA 31150
Phone: 770-998-9755
Fax: 770 -641 -7991 t�
www.daveioyner.com
CALIFORNIA (Northern), NEVADA (Northern), WASHINGTON,
OREGON, IDAHO (Western and Northern), ALASKA,
MONTANA (Western), HAWAII, TRUST TERRITORIES
Epic Marketing, Inc.
Main Contact: Debbie Stinson — debbie @epicmarketing.com
Location: Main Office
9 Crow Canyon Court #210
San Ramon, CA 94583
Phone: 925 -552 -1831
Fax: 925 - 552 -9720
www.epicmarketin.g.com
CALIFORNIA (southern), NEVADA (southern)
Smith Technical Sales & Marketing, Inc.
Main Contact: Bob Smith — smitht@sdcoe.k12.ca.us
Location: 14446 Corte Lampara
San Diego, CA 92129
Phone: 858 - 484 -3139
Fax: 858- 484 -4340
Contact: Bill Hoover— w.hopyer@qlg.net
Location: 476 West Wooley Road
Oxnard, CA 93030
Phone: 805 -486 -7431
Fax: 805- 486 -5742
MAINE, NEW YORK, VERMONT, NEW HAMPSHIRE,
http : / /www.stealthsite.com /page.cfm ?category= reps &product _ ld =0 4/4/01
Stealth Network Technologies: AUTHORIZED SALES REPRESENTATIVES Page 4 of 5
CONNECTICUT, MASSACHUSETTS, RHODE ISLAND
Wireless Network Systems, Inc.
Main Contact: Peter Sturdivant — pfssales _ime.net
Location: Main Office
P.O. Box 1805
Windham, ME 04062
Phone: 207 - 642 -7830
Fax: 207 - 642 -7831
NORTH DAKOTA, SOUTH DAKOTA, MINNESOTA,
WISCONSIN (Western)
Melby Communications, Inc.
Main Contact: Charles Melby - chkm 1 960(cb-skypoint.com
MINNESOTA, WISCONSIN (Western)
Contact: Charles Melby
Location: Main Office
9801 Dupont Avenue, South, Suite 250
Bloomington, MN 55431
Phone: 800 -584 -7688
Fax: 612 - 831 -1120
NORTH DAKOTA, SOUTH DAKOTA
Contact: Lloyd Boffin - Ibottin(D-rconnect.com
Location: 107 f Mill Road, Route 3 Box 141 B
Lakefield, MN 56150
Phone: 877 - 635 -2926 or 507 - 662 -6191
Fax: 507- 662 -6771
PENNSYLVANIA (Western), WEST VIRGINIA, KENTUCKY,
OHIO, INDIANA, MICHIGAN, WISCONSIN (Eastern), ILLINOIS
(Northern)
RF Marketing, Inc.
www.rfmarketing.com
KENTUCKY, INDIANA (Eastern)
Main Contact: Mike Utecht — utechtp_netdirect.net
Location: Main Office
4463 W. Tomahawk Trail
Trafalgar, IN 46181
Phone: 800 - 931 -9779
Fax: 317- 878 -2326
- INDIANA (Western), WISCONSIN (Eastern), ILLINOIS
(Northern)
Contact: George Farmer — eof@interaccess.com
Location: 240 West Nebraska
Frankfort, IL 60423 -1451
Phone: 888 - 464 -5041 or 815 - 464 -5041
Fax: 815- 464 -5042
MICHIGAN, INDIANA (Eastern)
Contact: Tim Valek — timvalek @concentric.com
Location: 1113 North Meridian Road
Mason, MI 48854 -9470
http : / /www.stealthsite.com/page.cfm ?category= reps &product_ld =0 4/4/01
Stealth Network Technologies: AUTHORIZED SALES REPRESENTATIVES Page 5 of 5
Phone: 888 - 845 -3837 or 517- 676 -3377
Fax:. 517- 676 -3355
OHIO
Contact: John Williams — jcwill @infinet.com
Location: 5467 Havens Corners Road
Gahanna, OH 43230 -3192
Phone: 800-293-6539 or 614 - 428 -9250
Fax: 614- 428 -9251
PENNSYLVANIA (Western), WEST VIRGINIA
Contact: tarry Ward - Iward @wpa.net
Location: RD3 Box 267 W
Greensburg, PA 15601 -9433
Phone: 800 - 373 -8854 or 724 -834 -6246
Fax: 888- 373 -8854 or 724 - 834 -1162
INTERNATIONAL ACCOUNTS:
BRAZIL
Southern Communications S.A.
Main Contact: frank de Luca - southern @gbl.com.br
Location: Main Office
Av. Almirante Barroso, 52 -11
20031 -000 Rio deJaneiro, Brazil S.A.
Phone:- 011- 5521 -212 -8282
Fax: -011- 5521 - 220 -5232
EUROPE, UNITED KINGDOM (GREAT BRITAIN, WALES,
SCOTLAND, IRELAND)
Communication Facility Solution's Ltd.
Main Contact: Colm Murphy — cmurphycfs @eircom.net
Location: Main Office
The Enterprise Centre
Dublin Road
Cavan
Co Cavan
Phone:011- 353 -86- 814 -5264
Fax: 011- 353 -49- 71525
http : / /www.stealthsite.com/page.cfm ?category= reps &product _ ld =0 4/4/01
Stealth Network Technologies: THREE SECTORED SUSANTM CONCEALMENT Page 1 of 2
}
ET WORK TECHNOLOGIES, INC
Flagpoles
Sites Unseen
Panels
Structural /RF Testing
Standard Products
C ��
THREE SECTORED SUSAN TM
CONCEALMENT
• 9.5" DIAMETER FLAGPOLE • BANNER/LIGHTPOLE
• CELLULAR FLAGPOLE • CRANKSHAFT FLAGPOLE
• CROSS POLE • PCS FLAGPOLE
PCS FLAGPOLE
. Standard heights available up to 150'.
Custom heights available.
. Design enables a set of three PCS
antennas, at three different elevations, to
be mounted inside RF transparent
cylinders.
. Cylinders can easily be raised to
access the antennas for maintenance.
Antennas can rotate ( "Lazy Susan ") to
attain proper azimuth.
The base pole section includes three
contoured access ports at the top and
one contoured access port at the bottom
of the base pole.
Will meet or exceed any municipality
wind load requirements.
. Includes 10'x 15' United States Flag
and custom truck assembly. Larger flags
available upon request.
Available as a freestanding pole or
rooftop mounted.
Variety of finishes available.
Foundation drawings included.
http: / /www.stealthsite.com/page.cfm? category = Flagpoles &product _ id =2 4/4/01
Stealth Network Technologies. THREE SECTORED SUSANTM CONCEALMENT Page 2 of 2
Foundation design detailing underground
conduit access is available.
. Maximum antenna dimensions (5'x 8"
x 3"
. Installation Video and Brochure
included with delivery.
Actual site photos and photo
simulations available upon request.
http: / /www.stealthsite.com /page.cfm? category = Flagpoles &product _ id =2 4/4/01
Executive Committee:
President
0q ES" ro,Qr
Vice - President
Vince Menditto
/1
yr'
Jerry Goodman
a
Vyonne Beckman
Jam,
SOUTH
MIAM111
m
j
HOMEOWNERS
N
ASSOCIATION
`3
INC.
`!
00
Q°
Executive Committee:
President
Frances Meltzer
Vice - President
Vince Menditto
Treasurer
Jerry Goodman
Secretary
Vyonne Beckman
South Miami Homeowners
Mayor Julio Robaina and Commission
City of South Miami
6130 Sunset Drive
Miami FL 33143
Association, Inc.
Estublished 1966
June 12, 2001
Re: THE YMCA PROPOSAL FOR A CELL TOWER
Board of Directors:
Jay Beckman
Nancy Cobb
Rosa Estela Flint
Walter Harris
James Mc Cants
Elaine Paddor
Lee Perry
Charles Harty, Emeritus
The above noted organization met last evening, June 11, 2001, and discussed the proposal for a
cell tower to be placed on the grounds of the YMCA. I have been instructed by the board to
inform you of decisions made at that meeting. They are as follows:
By a near unanimous vote, the board asks that the second letter sent to you on the subject of the
cell tower and presenting the association's approval of the tower be disregarded. It was sent
without the full approval of the board.
Further, the Board of the South Miami Homeowners Association wishes to go on record
opposing the cell tower at this location. Thank you for your time in this regard.
Sincerely,
Frances Meltzer
SOUT f.
p o �
�+ 'Y
I N CORPORATE❑
1927
Excellence, Integrity, Inclusion
To: Mayor and Commission
From: Charles Scurr
City Manager 4Li f,
Date: June 12, 2001
Agenda Item # /7
Responsibility for Control of Traffic
On Municipal Streets
The following item was sponsored by Vice Mayor Feliu.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PETTIONING THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI -DADE COUNTY TO DELEGATE TO THE CITY CERTAIN SPECIFIC
RESPONSIBILITIES FOR THE CONTROL OF TRAFFIC ON MUNICIPAL STREETS;
PROVIDING AN EFFECTIVE DATE
BACKGROUND AND ANALYSIS
One of the primary responsibilities of government is to provide citizens with a safe transportation
road network. Responsibility for the road network is split between the State of Florida, who has
primary responsibility for Federal and State roadways; special districts, such as the Miami- Dade
Expressway Authority (MDX) and Miami -Dade County.
Miami -Dade County has retained jurisdiction over not only County roads but also over
municipal roads. The over 30 existing cities within Miami -Dade County receive allocations of
local option gas tax funding for street repair and resurfacing of municipal roadways. The
County, however, retains full control over all elements of traffic control (e.g. stop signs) on
municipal roads as well as on County roads.
This has created a difficult and inefficient situation for both the Cities and the County. For
example, any request for a stop sign at the intersection of two municipal roads, must first be
analyzed by the City and then analyzed by the County. Should the request eventually be
approved it goes into an often long queue for installation by the County Public Works
Department.
This current process is not serving the needs of the citizens of Miami -Dade County, especially
those who live in municipalities. The County personnel, while competent and ethical
professionals, are not familiar with local community needs.
There is also no valid conceptual base for County control of strictly local streets. The role of the
County, State and MDX relative to their roadways, and relative to the intersection of their
roadways with municipal roads, is appropriate and not questioned. There is no clear or strong
rationale for County control of strictly local streets and the intersections of local streets. The
municipal street network is, by definition and design, not part of the County arterial road
network. Municipal control over strictly municipal streets will not impact the flow of traffic
throughout the County on County, State or Federal roads.
Municipalities are the most appropriate level of government to make decisions concerning local
roads. The cities within Miami -Dade County have the necessary professional expertise.
Additionally, municipal governments are attuned to the needs and critical priorities of their
citizens.'
It is recognized that the County does have a continuing role in areas such as design standards.
However, there is a compelling case for cities to be granted specific additional responsibilities.
This resolution petitions Miami -Dade County to delegate to the City of South Miami the
following:
1. Non- Signalized Intersection Control at the Intersections of Municipal Roads - This
would include non - signalized control devices, such as stop signs and yield signs, at
local road intersections. It specifically does not include intersections with County,
State or Federal roads.
2. Traffic Calming Devices on Municipal Roads — This would include traffic calming
devices, such as traffic circles, on municipal roads. It specifically does not include
any such devices on or at the intersections of County, State or Federal roads.
3. Speed Limits on Municipal Roads — This would include the lowering, not raising, of
speed limits. State law allows this, provided speed limit signs are properly posted.
The City would be responsible for the purchase, installation and maintenance of the above.
We hope to initiate discussions with the County, other municipalities, and the Miami -Dade
League of Cities. We are hopeful that the merits and logic of the concept will be appreciated by
all.
Recommendation
Approval is recommended.
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PETTIONING THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI -DADE COUNTY TO DELEGATE TO THE CITY CERTAIN SPECIFIC
RESPONSIBILITIES FOR THE CONTROL OF TRAFFIC ON MUNICIPAL STREETS;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of South Miami and Miami -Dade County have a mutual interest in serving
the needs of our citizens and developing a safe and efficient roadway traffic control program; and
WHEREAS, the delegation of certain traffic control responsibilities for the County to the City is
logical, appropriate and best serves the needs of the citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR, VICE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Commission hereby petitions the Board of County Commissioners of
Miami -Dade County to delegate to the City of South Miami the following specific responsibilities for
traffic control on municipal streets;
1. Non - Signalized Intersection Control at the Intersections of Municipal Roads - This
would include non - signalized control devices, such as stop signs and yield signs, at
local road intersections. It specifically does not include intersections with County,
State or Federal roads.
2. Traffic Calming Devices on Municipal Roads — This would include traffic calming
devices, such as traffic circles, on municipal roads. It specifically does not include
any such devices on or at the intersections of County, State or Federal roads.
3. Speed Limits on Municipal Roads — This would include the lowering, not raising, of
speed limits. State law allows this, provided speed limit signs are properly posted.
5 o U'.
U
INCORPORATED
1927
�0R100)
Excellence, Integrity, Inclusion
To: Honorable Mayor and
City Commission
MEMORANDUM
Date: June 12, 2001
From: Charles Scurr Re:
City Manager f-i�
REQUEST
Agenda Item
Collective Bargaining Agreement
Between the Miami -Dade Police
Benevolent Association and the
City of South Miami
A RESOLUTION OF THE MAYOR AND CITY COMMISION OF THE
CITY OF SOUTH MIAMI APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A THREE -YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE
COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF
SOUTH MIAMI; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Miami -Dade County Police Benevolent Association (PBA) is the designated union
representing the sworn officers of the South Miami Police Department. The existing
three -year collective bargaining agreement with the PBA, also referred to as the
"contract ", expires at the end of this fiscal year. Approximately a year ago the parties
commenced negotiations on a new three -year contract.
The contract seeks to deal with the areas of major concern to the PBA and the City. In
addition to negotiating an annual Cost of Living Adjustment (COLA), the parties also
sought to make necessary improvements to the pension system. The parties recognized
early on that improving the pension program to bring it to Tier 1 status was a major
concern. It was also recognized that pension issues could only be addressed in the
context of a multi -year agreement. Major pension improvements would be part of the
overall economics of the agreement and the expenses would be borne equitably by the
parties.
The contract, which is attached, includes the following major provisions:
Economic and Pension Issues
The agreed economic and pension package includes the following:
Year
COLA
Special
Retro
Future
Employee
Risk
Pension
Pension
Pension
Pay
Contribution
Current
Varies
$25
1.60%
2.75%
5.00 %
2001 -02
5.00%
$30
1.60%
2.80%
7.50%
2002 -03
3.00%
$35
1.80%
2.90%
7.50%
2003 -04
2.00%
$40
2.00%
3.00%
7.50%
Normal Retirement Age
Current: 55/25 or 60/10
Agreed: 25 Years of Service, Regardless of Age or 60/10
Drug and Alcohol Testing
The parties understand the importance of maintaining the highest level of public
confidence in the City and the Police Department. In addition to the current contract
provisions the parties have agreed: "Employees covered by this agreement further agree
that, in the interest of public confidence, there needs to exist a management right to
submit employees at random and without notification for drug and alcohol testing. Said
tests shall be in addition to the annual physical and may occur not more than on time per
employee each year."
The parties have also agreed to the addition of Presidents Day, the 3rd Monday in
February, as an Official Holiday.
Other Provisions
The contract also includes a number of other provisions dealing with: Sick Leave Policy;
Uniform Allowance; Off -Duty Rates; Working Out -of -Grade Policies; Grievance
Procedures; timeframes for Administrative Investigations; and Suspension without Pay
provisions.
The cost of the contract is approximately 11% of payroll over the three -year period. This
is consistent with other local governments and within the City of South Miami budget
framework.
The contract was ratified by the vote of the bargaining unit on June 7th, 2001.
RECOMMEDATION
Approval is recommended
Contract Attached
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NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISION OF THE
CITY OF SOUTH MIAMI APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A THREE -YEAR COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE
COUNTY POLICE BENEVOLENT ASSOCIATION AND THE CITY OF
SOUTH MIAMI; PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami seek to
provide the highest levels of law enforcement protection and services for the citizens,
residents, businesses and visitors of the City of South Miami; and
WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County
Police Benevolent Association (PBA), representing the sworn officers of the South
Miami Police Department, is an integral component of this effort; and
WHEREAS, the City Administration and the PBA have successfully concluded
negotiations on a new three -year contract with achieves these objectives; and
WHEREAS, the PBA has ratified the proposed contract.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Collective Bargaining Agreement for 2001 -2004 between the
Miami -Dade County Police Benevolent Association and the City of South Miami, which
is attached and herein incorporated by reference, is approved and the City Manager is
authorized to execute said contract on behalf of the City;
Section 2. If any section, clause, sentence, or phrase of this resolution 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 resolution.
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2 Section 3. This resolution shall take effect upon approval.
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6 PASSED AND ADOPTED this day of
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10 ATTEST:
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14 CITY CLERK
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18 READ AND APPROVED AS TO FORM
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21 CITY ATTORNEY
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2001.
u: •:
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
COLLECTIVE BARGAINING
AGREEMENT
City of South Miami
And
The Miami -Dade County Police Benevolent Association
2001 -2002
2002 -2003
2003 -2004
1
Table of Contents
Section
Page
Preamble
3
Article 1
Recognition
3
Article 2
Non Discrimination
3
Article 3
Dues Check -Off
3
Article 4
Association Representatives
4
Article 5
Services to the Association
4
Article 6
Personnel Records
5
Article 7
Internal Investigation and Obligation to the
Public
5
Article 8
Shifts
8
Article 9
Vehicles and Safety Equipment
9
Article 10
Promotions
9
Article 11
Training
10
Article 12
Grievance and Arbitration Procedure
11
Article 13
Holidays
13
Article 14
Sick Leave
14
Article 15
Funeral Leave
15
Article 16
Leave of Absence
15
Article 17'
Vacation Leave
16
Article 18',
Extra -Duty Police Employment
17
Article 19''
Insurance Benefits
17
Article 20'
Hours of Work and Overtime
17
Article 21'
Management Rights
19
Article 22'
Work Stoppages
20
Article 23'
Awards
20
Article 24'
Military Leave
20
Article 25'
Authorized Use of Private Automobile
21
Article 26
Bulletin Boards
21
Article 27'
Severability Clause
21
Article 28'
Compensation
21
Article 29
Prohibition Against Re- Opening of
Negotiations
22
Article 30
Uniforms and Equipment
22
Article 31'
Non- Promotional Vacancies
24
Article 32
Physical Examination and Workers
Compensation
24
Article 33
Retirement Benefits
25
Article 34
Education Incentive
27
Article 35
Employee Pregnancy/MaternityLeave
27
Article 36
Employee Assistance Program
28
Article 37
Abolishment of Merger
28
Article 38
Americans With Disabilities Act
28
Article 39
Term of Agreement
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2
PREAMBLE
This Agreement is entered into by the City of South Miami, Florida, hereinafter referred
to as the "Employer" or the "City" and the Miami -Dade County Police Benevolent Association,
Inc., hereinafter referred to as the "Association", for the purpose of promoting harmonious
relations between the employer and the Association, to establish an orderly and prompt
procedure for the resolution of grievances, to insure continuation of normal activities and
departmental operations, to settle differences which might arise and to set forth the basic and full
agreement between the parties concerning rates of pay, wages, hours of work and all other
conditions of employment.
ARTICLE 1 RECOGNITION
The employer hereby recognizes the Dade County Police Benevolent Association as the
collective bargaining agent for all permanent full -time sworn police personnel of the rank
of police officer, and police sergeant, including probationary employees, but excluding
all other employees of the City of South Miami, including the Chief of Police, Police
Captain, Police Lieutenants, and the Internal Affairs Sergeants. The parties hereto agree
to jointly petition the Public Employees Relations Commission to clarify the bargaining
unit by removing the reference to "Internal Affairs Sergeants" and by adding "Police
Majors" to the list of excluded positions.
ARTICLE 2 NON- DISCRIMINATION
There shall be no discrimination, interference, restraint, or coercion by the employer or
the association against any employee because of association membership or non-
membership, or because of race, creed, color, sex, marital status or national origin. All
reference to employees in this Agreement designate both sexes and wherever the male
gender is used it shall be construed to include male and female employees.
ARTICLE 3 DUES CHECK -OFF
Any member of the Association, who has submitted a properly executed dues
authorization card or written statement to the City Manager or their designee in
accordance with a format, prescribed or approved by the City may, by request in writing
have their membership dues in the Association deducted from their wages. Dues shall be
deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the
Association. However, the City shall have no responsibility or any liability for any
monies once sent to the Association, nor shall the City have any responsibility or any
liability for the improper deduction of dues. Further, the Asociation shall hold the City
harmless for non- intentional errors in the administration of the dues deduction system.
2. It shall be the responsibility of the Association to notify the City Manager or their
designee of any change in the amount of dues to be deducted at least thirty (30) days in
advance of said change. Under no circumstances shall the City be required to deduct
association fines, penalties, or assessments from the wages of any member.
3. Any member of the Association may, on thirty (30) days written notice to the City and
the Association, request the City to cease deducting dues from their wages.
ARTICLE 4 ASSOCIATION REPRESENTATIVES
Two members of the Association shall be allowed to attend bargaining sessions for the
purpose of re- negotiating this Agreement without loss of pay, should the meeting take
place while the member is on duty, if approved in advance by the Chief of Police.
Should the member be off duty during a bargaining session, he shall not be entitled to any
compensation. All bargaining sessions shall be set by mutual agreement between the
parties.
2. The Association Representative shall be allowed to process grievance without loss of
pay, should such processing take place while the Association Representative is on duty.
There shall be a cap of one (1) hour total time which the Association Representative may
spend on any one grievance. It is understood and agreed, however, that the foregoing is
subject to the manpower needs of the Department at all times.
3. The Association Representative shall be allowed to attend the Dade County PBA Board
of Directors meeting once a month without loss of pay or leave time, should the meeting
take place while the Association Representative is on duty.
ARTICLE -5 SERVICES TO THE ASSOCIATION
The City will furnish the Association a copy of the Police Department's Rules and
Regulations.
2. The City will allow the Association and its representatives reasonable access to the City
Commission Chambers for the conducting of Association business when such facility is
not in normal use, upon (5) days written request therefore to the City Manager or their
designee.
3. The City will provide a mailbox for each employee for use by the City and the
Association to distribute mail and other communications. The aforesaid mailboxes may
be used by the Association strictly for the purpose of transmitting material of an
informational nature, and shall not be used for the purpose of communicating material
tending to, directly or indirectly, disparage any elected or appointed official of the City.
4. Upon written request by the Association, the City will provide, on a semi- annual basis, a
complete roster of the bargaining unit, including name, rank address, telephone number,
social security number and current pay scale.
ARTICLE 6 PERSONNEL RECORDS
1. Employees covered by this Agreement shall have the right to inspect their official
personnel file and /or their closed Internal Affairs file during normal business
hours and shall not be compensated should said inspection occur outside
employee's regular duty hours. The employee shall have the right to make
duplicate copies of any items in their official files, upon payment of the usual
charge.
2. Employees covered by this Agreement shall receive copies of any disparaging
items which are placed in the employee's official personnel file. Employees
covered by this Agreement shall also have the right to add written responses to
any such disparaging items which are placed in the employee's official personnel
file. All written responses shall be sent to the Chief of Police via chain of
command not more than ten (10) business days following the day of receipt by the
employee.
To the extent permitted by law, all personnel records of the employees shall be
kept confidential and shall not be released to any person except: authorized
officials of the City, or in response to a subpoena from a court of competent
jurisdiction, or upon written authorization from the employee. The PBA
recognizes the City's obligation to comply with Chapter 119, Florida Statutes.
4. At no time shall the news media be directly or indirectly furnished with the home
address, telephone number or photograph of any employee or relatives without his
express written consent.
5. The City shall purge all records of counselings and oral warnings from
employees' personnel files after five (5) years of service without receiving further
related counselings or oral warnings. Such documents shall be kept in a separate
file.
1. The parties recognize that the security of the City and its citizens depends to a
great extent upon the manner in which the employees covered by this Agreement
perform their various duties. Further, the parties recognize that the performance
of such duties involves those employees in all manner of contacts and
relationships with the public and out of such contacts and relationships, questions
may arise or complaints may be made concerning the actions of employees
covered by this Agreement. Investigation of such questions and complaints must
necessarily be conducted by, or under the direction of, departmental supervisory
officials whose primary concern must be the security of the City and the
preservation of the public interest.
2. In order to maintain the security of the City and protect the interests of its citizens,
the parties agree that the City must have the unrestricted right to conduct
investigations of citizens' complaints and matters of internal security; provided,
however, that any investigative interrogation of an employee covered by this
Agreement relative to a citizen's complaint and /or matter of internal security shall
be conducted under the following conditions:
A. The interrogation shall be conducted at a reasonable hour, preferably at a
time when the employee is on duty, unless the seriousness of the
investigation is of such a degree that immediate action is required.
B; The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation, and he shall be informed of the
name of all complainants, if known to the Department.
C. The employee under investigation shall be informed of the rank, name,
and command of the officer in charge of the investigation, the
interrogating officer, and all persons present during the interrogation. All
questions directed to the employee under investigation shall be asked by
and through one (1) interrogator at any one time.
D. Interrogation sessions shall be for reasonable periods and shall be timed to
allow for such rest periods as are necessary. All interrogations will be
held at the headquarters of the South Miami Police Department, insofar as
possible.
E. Any employee under investigation under investigation shall be informed
of the right to be represented by counsel or any other representative of
their choice who shall be present at all times during such interrogations
whenever the interrogations relate to the employee's continued fitness for
law enforcement services.
F. The formal interrogations of an employee, including all recess periods,
shall be recorded, and there shall be no unrecorded questions or
statements.
G. If the employee' under interrogation is under arrest or is likely to be placed
under arrest as a result of the interrogations, he shall be completely
informed of all of his rights prior to the commencement of the
interrogation.
H. During interrogations covered hereunder, questions shall be limited to the
circumstances surrounding the allegations, which are the subject of the
investigation.
I. Upon payment of the cost involved, an employee under investigation may
obtain a copy of any written statement he has executed.
J. The employee shall not be subjected to any offensive language, nor shall
he be threatened with transfer, dismissal, or other disciplinary measures.
No promise of reward shall be made as an inducement to answering
questions.
K. No employee may be compelled to testify before, or be questioned by any
non - governmental agency unless under proper court subpoena.
L. The following procedure shall be followed with regard to the
administration of polygraph examinations. If a citizen files a complaint
against an employee or employees covered by this Agreement and signs
an affidavit acknowledging that he /she will take a polygraph examination
concerning said complaint, the City may request that the employee or
employees in question also take a polygraph examination concerning the
complaint. In the event an employee in question agrees to take a
polygraph examination concerning the complaint, the City agrees not to
administer the examination unless first successfully taken by the
complainant. For the purpose of this paragraph, "successfully taken" shall
be defined as the examiner's opinion that the complainant's polygraph
does not reflect reactions normally indicative of deception in their
responses to the pertinent test questions. The City will not order or require
any employee to submit to a polygraph examination or PSE test.
M. The City agrees that no adverse action will be taken against any employee
who exercises the rights provided for in this Article.
N. An employee who is criminally charged in any jurisdiction with a felony
or a serious misdemeanor including but not limited to, DUL lewd and
lascivious, indecent exposure or perjury may, upon review of the
circumstances by the Chief of Police, be relieved of duty without paw or
benefits. If exonerated, employee shall be compensated for back pay and
benefits retroactive to date relieved from duty. Any employee placed on
leave without pay shall remain on the City's Employee Census but shall be
responsible for the full cost of health insurance premiums during the relief
from duty period.
O. Upon conclusion of an internal review investigation, employees,
designated as subjects, shall be given a written disposition of said
investigation.
P. Not sustained or unfounded letters of complaint from citizens will not be
inserted into an officer's official personnel records.;
Q. The Charge of "conduct unbecoming" and all similar vague charges will
not be used by the City unless further substantiated by specific charges.
R. Should disciplinary action result from an internal investigation, an
employee may, at the option of the Chief of Police, be allowed to use
vacation time to satisfy a suspension which is for five (5) days or less.
S. The City shall make every effort to investigate, determine and complete
Administrative Investigations (i.e. personnel complaints regarding
rudeness) within 180 days of the complaint being filed Failure to
investigate, determine and complete such investigations within the above
time limits, shall prevent the City from taking disciplinary action against
the bargaining unit employees against who the complaint is made Any
continuances requested by the PBA or the employee shall extend the time
limit accordingly.
7
ARTICLE 8 SHIFTS
1. Seniority shall consist of continuous accumulated paid service by classification
with the City. Seniority shall be computed from the date of appointment to the
classification and shall accumulate during paid absences because of illness, injury,
vacation, military or other authorized compensated leave. In the event bargaining
unit employees have the same seniority by classification, seniority shall then be
determined in the following descending order: Date of Hire by Department/Date
of Hire by City/Draw. Lots.
2. Non- probationary patrol officers and sergeants shall bid (semi - annually) for their
choice of shift assignments and days -off. Days -off are not bid until shift
assignments are set, including the Chief" s mandatory assignments; if any, are set.
The determining factor in said bid process shall be each employee's seniority as
defined in paragraph #1 above. In order to meet department operational needs,
the Chief may, at his discretion, make no more than two specific assignments to
each shift (during the semi - annual bid process) beginning with the first 'shift
change of 1999, in order to assure proper allocation of personnel resources. The
Chief" s assignment of two officers is without regard to seniority and appealable
only to the City Manager.
3. A seniority list by shift and work assignment shall be established and shall be
utilized when the department calls in for or holds over personnel, except in
emergency or unusual situations.
4. Vacancies in specialized units shall be filled by permanent employees in all cases
unless no permanent employee can demonstrate the experience or potential to
properly function in such assignment. Should no permanent employee
demonstrate said capacity, probationary employees may be considered.
Assignment determinations shall be made by the Chief of Police based on the
recommendations of a selection panel appointed by the Chief and such
assignment determinations are not grievable.
5. In the event of a layoff for any reason, employees shall be laid off in the inverse
order of their seniority in their classification. Any employee to be laid off who
has advanced to his present classification from a lower classification in which he
held a permanent appointment, shall be given a position in a`lower classification
in the same Department. His seniority in the lower classification shall be
established according to the date of his permanent appointment to the
classification. Employees shall be called back from layoffs according to the
seniority in the classification from which the employee was laid off. No new
employee shall be hired in any classification until all employees on lay -off status
in that classification have had an opportunity to return to work (for which he /she
is qualified). Written notice of recall shall be sent by certified mail to the
employee's last known address, as long as the employee is still qualified to be an
officer. Recalled employees shall notify the Employer if they desire to return to
work within ten (10) days of receipt of recall notice, and must return to work
within twenty -one (21) days from receipt of recall notice. An employee will be
kept on the call -back list for two (2) years.
8
6. Upon application to the Chief of Police, employees may exchange shifts, provided
that:
A. The shift exchange is between employees of like rank and experience.
B. The shift exchange is requested in writing at least five (5) days in advance
by both employees involved in the exchange.
7. When a vacancy occurs on a patrol shift, the entire shift shall re -bid days off no
later than two weeks after the vacancy has been filled. This provision shall apply
only to the shift on which the vacancy occurs and not to any other shifts. The re-
bidding provisions also do not apply should the Chief of Police approve an
exchange of shifts as provided for in Section 5 of this Article and shall not apply
if the vacancy is filled within one (1) month of the next shift /days off picked.
8. The Chief retains the right to transfer employees from shift to shift to meet arising
operational needs. After a transfer between shifts, days off will be re -bid if the
new assignee is junior to others on that shift. Shift transfers are appealable via the
chain of command to the Chief of Police. Denial of a shift transfer appeal shall be
given in writing with the specific departmental needs identified. Bargaining unit
employees may exercise an appeal to the City Manager within five days,' in
writing, identifying their concerns.
9. The City Manager will review the employee(s) concern's and will render a final
decision which is not grievable. This section shall not exclude or hinder a
bargaining unit employee from utilizing Section' 6, A, B of this Article.
ARTICLE 9 VEHICLES AND SAFETY EQUIPMENT
1. The City will make a good -faith effort to maintain police vehicles and safety
equipment in proper working order. Police vehicles operated by the City shall
comply with the standards and requirements of applicable State Statutes
governing motor vehicle safety equipment. Employees will as soon as possible
report any broken and/or malfunctioning equipment to their supervisor.
Employees shall' make reasonable efforts to keep the vehicles cleaned and fueled.
2. The City shall, insofar as possible, equip its marked patrol vehicles with rotating
emergency lights, siren, alley lights, two -way mobile radio, first -aid kit and fire
extinguishers.
3. The City shall furnish riot helmets and gas masks individually to all uniformed
officers and sergeants.
4. Employees agree to be bound by and abide by the Take Home Assigned Vehicle
policy issued 2/29/00.
ARTICLE 10 PROMOTIONS
Whenever a budgeted promotional vacancy exists in a police sergeant
classification, the City shall fill such vacancy within thirty (30) days from an
existing eligibility list, if a valid eligibility list is in existence. A promotional
eligibility list will expire two (2) years from the date of the examination which led
to its creation.
2. Promotional examinations shall be validated in accordance with validation
standards and techniques as established by the Chief of Police. Criteria to be used
by the Chief of Police for promotions shall be promulgated and distributed to the
bargaining unit at least forty -five (45) days prior to any examination.
3. The City will list the areas which the examinations will cover and the sources
from which the examination is drawn.
4. The probationary period of employees promoted to Sergeant shall be one (1) year.
Such employees shall have no right to utilize the procedures of the Personnel
Board, nor have any other right of review or appeal, concerning demotion.
5. Employees shall be eligible to take a promotional examination after three (3)
continuous year of service as a police officer in the South Miami Police
Department.
6. The Chief of Police will have the authority to promote any of the three (3) top
ranked candidates on the eligibility list.
ARTICLE 11 TRAINING
1. Employees who are required to attend off -duty weapons training will be compensated
at the rate of time and one -half their regular straight -time rate. However, an
employee who has not actually worked a forty (40) hour workweek will be
compensated for their attendance at off -duty weapons training at their regular
straight -time rate,
2. The City will provide each employee a copy of training bulletins. Additionally, the
City will promptly post in a prominent place, City training bulletins as well as
approved training advertisements.
3. The City agrees to pay for any course at the Southeast Florida Institute of Criminal
Justice (located at Miami -Dade North Community College) which employees are
required to attend. The City agrees to provide at least forty (40) hours of training
every four years to meet Florida statutory certification requirements. The City may
provide additional training in its discretion.
4. Employees who are required by the City to attend off -duty training shall be
compensated at the rate of time and one -half of regular straight -time rates. The City
shall have the right to change or alter work schedules in order to avoid overtime when
scheduling training. Insofar as possible, the City shall give forty -eight (48) hours
notice to employees of such off-duty training. However,' individual employees may
waive such notice.
5. The City shall attempt to provide weapons training for all employees, but in no event
will such training be 'less than once annually. This training is in addition to the
training provided under paragraph 11.3. Upon qualification and a demonstration of
proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons
which have been approved by the Department and in accordance with Article 30. The
department will make every reasonable effort to facilitate the employee attending the
firearms range during their normal working hours. In the event the department is
unable to :schedulel, the employee to attend the firing range during their normal
working hours, the employee may be required to attend the firing range during their
off -duty hours; provided, however, that the actual time spent by the employee in
10
acquiring such training during their off -duty hours shall be compensated in
accordance with the hours and overtime provisions contained herein. The City agrees
to provide ammunition for firearms training.
6. Insofar as possible, the City agrees to continue its present training programs for the
duration of this Agreement.
ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURE
1. In a mutual effort to provide a harmonious working relationship between the parties
to this Agreement, it is agreed and understood that there shall be a procedure for the
resolution of grievances between the parties. For the purpose of their Article, a
grievance is defined as, and limited to, any dispute, difference or controversy
involving the interpretation and application of this Agreement.
2. Every effort will be made by the parties to settle any grievance as expeditiously as
possible. Should the grieving party fail to observe the time limits as set out in the
steps of this Article, his grievance shall be considered conclusively abandoned. Any
grievance not answered by management within the prescribed' time limits shall
automatically advance to the next higher step.
3. Grievances shall be presented in the following manner:
STEP 11: The employee shall first take up their grievance with the Division
Commander within seven (7) calendar days of the occurrence of the event(s)
which gave rise to the grievance, or within seven (7) calendar days after the
employee's return to work from authorized leave, as the case may be. Their first
step (between the employee and their immediate supervisor) shall be on an
informal and oral basis and shall not involve the Association or any other
representative of the employee;
STEP 2 Any grievance which cannot be satisfactorily settled with the
Division Commander shall be reduced to writing by the employee and shall next
be taken to the supervisor above the Division Commander. Such grievance shall
be presented to their supervisor in writing within seven (7) calendar days of the
deadline date for completion of Step 1. The supervisor shall, within ten (10)
calendar days after presentation of the grievance (or such longer period of time as
is mutually agreed upon), render their decision on the grievance in writing;
STEP 3: Any grievance which cannot be satisfactorily settled with the
previous supervisor shall next betaken up with the Chief of Police, or their
designee, either through a representative of the Association and, the employee, or
by the employee' himself at the employee's option. The grievance as specified in
writing in Step 2 shall be discussed by and between the employee (or the
representative of the Association and the employee) and the Chief of Police, or
their designee, within seven (7) calendar days after the =days on of Step 2. The
Chief of Police, or their designee, shall within ten (10) after their
discussion (or such longer period of time as is mutually agreed upon), render their
decision in writing, with a copy to the Association;
STEP 4: In the event the employee is not satisfied with the disposition of
the grievance in Step 3, he 'shall have the right to appeal the Chief of Police's
decision to the City Manager or their designee within seven (7) calendar days of
11
the date of issuance of the chief of Police's decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance together
with a letter signed by the employee, or, at the employee's option, the
representative of the Association, requesting that the Chief of Police's decision be
reversed or modified. The City Manager shall, within ten (10) working days of
the appeal (or some longer period of time as is mutually agreed upon) render their
decision in writing with a copy to the Association.
4. Where a grievance is general in nature in that it applies to a number of employees
rather than a single employee, or if the grievance is directly between the Association
and the Department or the City, such grievance shall be presented in writing directly
to the Chief of Police within ten (10) calendar days of the occurrence of the event(s)
which gave rise to the grievance. The grievance shall be signed by the aggrieved
employees or the president or the representative of the Association. Thereafter, the
grievance shall be processed in accordance with the procedures set forth in Step 3 and
Step 4.
5. Where a grievance involves discharge, suspension or demotion invoked by the City,
such grievance shall be filed at Step 4 within ten (10) calendar days from the date the
employee receives the discipline notice. Coaching, Counseling and Written
Reprimands shall be filed at the appropriate initiation level, however, Coaching and .
Counseling shall only be grieveable through Step 3 of the Grievance Procedure. The
probationary period of newly hired employees shall be one (1) year.
6. In the event a grievance processed through the grievance procedure has not been
resolved at Step 4 above, either party may request that the grievance be submitted to
arbitration within fifteen (15) calendar days after the City Manager, or their designee,
renders a written decision on the grievance. The arbitrator may be any impartial
person mutually agreed upon by and between the parties. However, in the event the
parties are unable to agree upon said impartial arbitrator, the parties shall jointly
request the American Arbitration Association to furnish a panel of five (5) names
from which each party shall have the option of striking two (2) names in alternating
fashion, thus leaving the fifth, which will give a neutral or impartial arbitrator. The
party requesting arbitration will strike' the first name.
7. The City and employee (or the Association) shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and the
arbitrator, thereafter, shall confine their decision to the particular grievance thus
specified. In the event the parties fail to agree on the statement of the grievance to be
submitted to the arbitrator, the arbitrator will confine their consideration and
determination to the written statement of the grievance presented in Step 2 of the
grievance procedure. The arbitrator shall have no authority to change, amend, add to,
subtract from, or otherwise alter or supplement this Agreement or any part thereof or
amendment thereto. the arbitrator shall have no authority to consider or rule upon
any matter which is stated in this Agreement not to be subject to arbitration or which
is not a grievance as defined in this Agreement; nor shall this collective bargaining
12
agreement be construed by the arbitrator to supersede applicable laws in existence at
the time of signing of this Agreement, except to the extent as specifically provided
herein.
8. Each party shall bear the expense of its own witnesses and of its own representatives
for purposes of the arbitration hearing. The impartial arbitrator's fee and related
expenses and expenses of obtaining a hearing room, if any, shall be equally divided
between the parties. Any party desiring a transcript of the hearing shall bear the cost
of such transcript unless both parties mutually agree to share the said cost.
9. The parties shall make their choice of the impartial arbitrator within seven (7)
calendar days after receipt of the panel from the American Arbitration Association.
Copies of the arbitrator's award made in accordance with the jurisdiction and
authority under this Agreement shall be furnished to both parties within thirty (30)
days of the close of the arbitration hearing. The arbitrator's award shall be final and
binding on the parties.
ARTICLE 13 HOLIDAYS
The below- listed paid holidays shall be granted under the following conditions:
1) January 1
2) 3Pd Monday of January
3) 3Pa Monday of February
4) May 30
5 July 4
1't Monday of September
7) November 11
Last Thursday in November
9) Friday after Thanksgiving
10 1/2 day December 24
11 December 25
'12 Birthday
13 1 Floating Holiday
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Eve
Christmas Day
After 1 year continuous service
Afterl year continuous service
1. Where observance of these holidays may interfere with the work schedule, such
observance on alternate date may be made at the department head's discretion, with
the approval of the City Manager. In such circumstances, an employee shall receive,
at the employee's option, an additional day's pay at their straight -time rate of pay, or
compensatory time at their straight -time rate of pay.
2. When a holiday falls on the regularly assigned day off for an employee, such
employee shall receive, at the employee's option, an additional day's pay at their
straight -time rate of pay, or compensatory time at their straight -time rate of pay.
3. When a holiday falls on a Sunday, the following Monday shall be observed and when
it falls on a Saturday, the preceding Friday shall be observed.
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4. Each employee shall be entitled to a day off, with pay, for their birthday each year,
following one (1) year of continuous employment. The day off must be approved by
the supervisor.
5. Each employee shall be entitled to a day off, with pay, as a floating holiday each year,
following one (1) year of continuous employment. The day off must be approved by
the supervisor.
ARTICLE 14 SICK LEAVE
Sick leave shall be granted to employees for absence because of
(a) Personal illness or physical disability resulting in the incapacity of the
employee to perform the regular duties of their position and not arising
from a service- connected injury or accident.
Medical, dental or optical treatments and examinations.
Personal illness or physical disability resulting in the incapacity of the
employee to perform the usual duties of their position and arising from a
service- connected injury or accident, but only after all available disability
benefits offered under Workmen's Compensation are exhausted, provided
further that use of sick leave in this manner shall be at the employee's
request and is not mandatory.
2. Employees shall be credited with one (1) day of sick leave at the end of each
month during the year.
3. Sick leave may be taken only to the extent that it is accrued. No advance sick
leave shall be granted except in an emergency and upon approval of the City
Manager.
4. All current employees, as of October 1, 1995, will retain current payout provision
upon termination of employment, and will have no cap on sick leave accrual. All
employees hired after October 1, 1995, shall receive no sick leave payout upon
termination, but will have a "no -cap" maximum on sick leave accrual. All
employees who have attained a sick leave balance of a minimum of 36 days 288
hours) shall be eligible on their first anniversary date following that accumulation
to convert up to four 4) days (32 hours) of their annual unused sick leave balance
in excess of 288 hours to vacation leave. An employee who uses in excess of 32
hours of sick leave during a one -year period will not be eligible for this benefit.
The catastrophic illness bank will be abolished and accrued hours will be returned
to employees who have accrued this leave.
5. An employee whose service with the City is terminated and who has taken sick
leave that is unearned at the date of termination, shall reimburse the City for all
salary paid in connection with such unearned leave, except in cases where the
employment is terminated by the death of an employee, or in cases where an
employee is unable to return to duty because of their disability, the evidence of
which shall be supported by an acceptable medical certificate.
6. In all cases of absence on sick leave in excess of three (3) work days and in cases
of absence on sick leave for any period less than three (3) work days when the
Personnel Department or Department Head shall so direct, the written request for
14
sick leave shall be accompanied by a certificate signed by the physician or other
licensed medical practitioner treating the employee, certifying as to the incapacity
of the employee during such period to perform the usual duties of their position.
Such directives shall be valid and in force for a period not to exceed four (4)
months. The Personnel Department or Chief may issue additional directives not
to exceed four (4) months in duration, in their discretion. The issuance of all such
directives may be appealed to the City Manager. Failure to furnish such a
medical certificate for absences in excess of three (3) workdays, or for any
absence when so directed by the department head or Personnel Department, shall
result in the absence being charged to the vacation leave of the employee.
6. Employee hired prior to October 1, 1995, who voluntarily terminate employment
from the City, shall receive payment for leave deposited in the sick leave bank in
accordance with following schedule:
After 5 years of continuous service 25%
After 10 years of continuous service 50%
After 15 years of continuous service 75%
After 20 years of continuous service 100%
7. The parties agree that the City may take nay steps it deems appropriate to strictly
administer and enforce the City sick leave policy in such a manner as to eliminate
abuse of sick leave privilege.
8. 'In the event an employee is killed in the line of duty, or a death by natural causes,
their heirs shall receive on- hundred percent (100 %) of their accumulated sick
leave time.
ARTICLE 15 FUNERAL LEAVE
1. Employees covered by this Agreement shall be entitled to funeral leave with pay up
to a maximum of three (3) work days in the event of a death in the employee's family.
One additional day of leave may be granted if travel in excess of 350 miles one way
is necessary.
2. The immediate family shall be defined as wife or husband, grandparents, parents,
children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in-
law and sister -in -law.
3. Proof of death in the immediate family in the form of death certificate or public
obituary must be provided to the City Manager or their designee before compensation
is approved.
4. Funeral leave shall not be charged to sick leave or annual leave.
ARTICLE 16 LEAVE OF ABSENCE
"No Pay" leave may be granted by the City Manager for a period not to exceed six (6)
calendar months to enable the employee to receive professional or technical training
which will improve their work upon their return to service, or because of the
employee's extended illness or non-job-related disability. Maternity leave shall be
treated the same as any other extended illness or non -job- related disability. "No Pay"
15
leave may be granted by the City Manager to an employee for a period not to exceed
one (1) calendar month for any other purpose.
2. "No Pay" leave granted to any employee shall not to charged against vacation leave,
but entry thereof shall be made upon the leave records of such employee.
3. Any employee granted leave without pay for six (6) months or more shall be entitled
to be placed by the City only if a job position is available, it being clearly understood
that if the job position last held has been filled or eliminated, the City will make every
effort to place the employee in another job position for which said employee
qualifies. If placed in another job position, said employee shall be entitled only to the
wage scale for such new position. If no job position is available, the City will give
priority to said employee as soon as a new job position for which the employee
qualifies, is available.
ARTICLE 17 VACATION LEAVE
The term "Vacation Leave" shall be used to designate leave with pay granted to
an employee on the following prorated basis:
Years of Uninterrupted Service Amount of Vacation
1 to 5 years inclusive 2 -2/5 weeks or 12 working days
2) 6 to 14 years inclusive 3 weeks or 15 working days
15 to 19 years inclusive 3 -3/5 weeks or 18 working days
20 years and over 4 -1/5 weeks or 21 working days
(a) Vacation shall require approval of the Chief of Police or their designee, and at
no time shall an employee be allowed to use more vacation leave than has
been accumulated.
Earned vacation time is principally intended for use during the year in which
it is earned. Under exceptional circumstances and upon written request within
the year in which the vacation time is earned, such time may be used up to 30
days 'past the employee's anniversary date with the written approval of the
City Manager.
(p) Vacation leave may be taken to the extent that it is earned by the employee,
subject to the prior approval of the Chief of Police, upon written application
by the employee in advance, and at the convenience of the City.
Any 'earned and credited vacation leave to the credit of an employee when
terminating employment with the City will be paid pro -rata at the employee's
current rate of pay with the last paycheck received.
2. An employee may request their vacation pay checks in advance of scheduled vacation
pay by submitting a written request to the City's Payroll Department at least two (2)
weeks prior to starting their vacation.
3. Employees will be permitted to split their vacation dates at the discretion of the Chief
of Police.
16
ARTICLE 18 EXTRA -DUTY POLICE EMPLOYMENT
Police Officers authorized by the Chief of Police to perform extra -duty police
employment shall charge the vendor $24.50 of which the Officer shall receive $20 for
each hour worked. Sergeants, when acting as supervisors as authorized by the Chief
of Police to perform extra duty police employment shall charge the vendor $26.50 of
which the Sergeant shall receive $22 for each hour worked. The minimum time
charge will be three (3) hours. At the request of either party the negotiated rates for
2. Any employee who may be injured while acting in the scope of such employment
shall be entitled to the same rights, privileges, benefits and workers' compensation as
if on duty provided that such extra -duty employment is authorized by the Chief of
Police.
3. The parties agree to the formation of a committee to promulgate recommendations for
a fair and equitable system of allotting extra duty work. Their Committee shall
consist of members of the collective bargaining unit (selected by the PBA), staff and
management of the police department.
ARTICLE 19 INSURANCE BENEFITS
The parties will form an insurance committee which will review problems with the
carrier, and will assist in the creation of a Request for Proposals for future health
program coverage. When necessary, it will assist in evaluating the proposal from
carriers and in the creation of the recommendation of the proposals.
ARTICLE 20 HOURS OF WORK AND OVERTIME
1. Forty (40) hours shall constitute a normal workweek for an employee covered by this
Agreement. Nothing herein shall guarantee any employee payment for a forty (40)
hour workweek unless the employee actually works forty (40) hours or their actual
hours worked and their authorized compensated leave totals forty (40) hours or,
except as 'provided in paragraph 3 below, and eight (8) hour day, shall be
compensated at the rate of time and one -half of the employee's regular straight -time
rate.
2. Effective October 1, 2001, the January 1, 1999 Police Department Sick Leave Policy
shall be determinative of the use of sick leave as hours worked for overtime purposes.
Employees exceeding the number of unexcused sick leave days as determined by the
Departmental Policy, shall not be able to use sick leave to comprose hours worked for
overtime purposes for the remainder of the calendar year.
3. If an employee covered by this Agreement is called out to work at a time outside their
normal working hours, they shall receive a minimum of three (3) hours' pay at the
rate of time and one -half their regular- straight time. However, an employee who has
not worked a forty (40) hour workweek or an eight (8) hour day will shall be
compensated for the 'call out at their regular straight -time rate.
4. Employees who are required to make off -duty court appearance as a subpoenaed
witness in the federal or state courts or as a deponent in pending criminal, civil or
17
traffic cases involving or arising out of the discharge of the employee's duties in the
course of their employment with the City will receive a minimum of three (3) hours
pay at the rate of time and one -half their regular straight -time rate. However, an
employee who has not worked a forty (40) hour workweek or an eight (8) hour day
will shall be compensated for the off- -duty appearance at their regular straight -time
rate. Employees shall be allowed to retain witness and travel fees received for court
and deposition appearances.
5. Insofar as possible, employees covered by this Agreement shall be given forty -eight
(48) hours notice of any changes in their regular hours of work. Further, insofar as
possible, the Department will avoid scheduling an employee to work on continuous
shifts. Should an employee be scheduled to work continuous shifts, their days off
may be adjusted within the same pay period by the Department. Employees shall be
given two (2) weeks notice of normal shift change.
6. No supervisor or official shall take action to cause the non- payment of overtime in
circumstances wherein an employee covered by this Agreement has performed work,
which entitles him to payment of overtime: provided that nothing herein shall restrict
the City or the Department from altering work schedules or taking any other action to
reduce the number of overtime, court time, or call -out hours worked by the employee
covered by this Agreement.
7. The Department reserves the right to institute any procedure or system it deems
appropriate to measure, record and /or verify attendance at and duration of off -duty
court appearances. Strict compliance with any procedure or system so instituted by
the Department shall be a condition precedent to obtaining compensation for an off -
duty court appearance under Paragraph 4 above.
8. Compensatory time shall be administered in accordance with the following
guidelines:
Oa Compensatory leave" may be accrued to a maximum of one hundred twenty
hours. Current employees, on October 1, 1995, who have an accrual in excess
of the 100 hour cap will be "grandfathered" to allow them to retain their
accrued balance. However, such employees_ shall not be eligible for accrual of
any additional compensatory leave until their balance falls below the 120
hour cap.
fib) Compensatory leave may be taken in unlimited blocks of time, provided
operational needs have been met, as determined by the Chief of Police. In the
event of disapproval, the written response shall contain a specific explanation
of the operational needs that cannot be met.
(c) Compensatory leave shall be requested in writing at least one (1) week prior
to the effective date of requested leave. Approval or disapproval shall be
made in writing within 3 business days after the request is submitted. Under
exceptional circumstances as approved by the Chief of Police, the time limits
for request of compensatory leave may be waived
Once approved, compensatory leave will not be canceled by the Employer
unless an emergency situation as determined by the Chief of Police exists.
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ARTICLE 21 MANAGEMENT RIGHTS
1. The Association and its members recognize that the City has the exclusive right to
manage and direct all of its operations. Accordingly, the City specifically, but not by
way of limitation, reserves the exclusive right to:
A. Decide the scope of service to be performed and the method of service;
B. Hire and /or otherwise determine the qualifications of employees and the
criteria and standards for employment;
C. Fire, demote, suspend or otherwise discipline employees for proper cause;
D. Promote and determine the qualifications of employees;
E. Lay off and /or relieve employees from duty due to lack of work;
F. Transfer employees from location to location and from time to time;
G. Rehire employees;
H. Determine the starting and quitting time and the numbers of hours and shifts
to be worked subject to Article 20;
1. Determine the allocation and content of job classifications;
I Formulate and /or amend job descriptions;
K. Merge, consolidate, expand, or curtail or discontinue temporarily or
permanently, in whole or in part, operations whenever, in the sole. discretion
of the City, good business judgment makes such curtailment or discontinuance
advisable
L. Contract and /or subcontract any existing or future work;
M. Expand, reduce, alter, combine, assign, or cease any job;
N. Determine whether and to what extent the work required in its operation shall
be performed by employees covered by this Agreement;
0. Control the use of equipment and property of the City;
P. Determine the number, location, and operation of headquarters, annexes,
substations and divisions thereof;
G Schedule and assign the work to the employees and to determine the size and
composition of the work force;
R. Determine the services to be provided to the public and the maintenance
procedures, materials,_ facilities, and equipment to be used, and to introduce
new or improved services, maintenance procedures, materials, facilities and
equipment
S. Take whatever action may be necessary to carry out the mission and
responsibilities of the 'City in emergency situations;
T. Formulate, amend, revise and implement policy, programs, rules and
regulations;
U. Have complete authority to exercise those rights and powers that are
incidental to the rights and powers enumerated above, including the right to
make unilateral changes.
2. The above rights of the City are not all inclusive but indicate the type of matters or
rights which belong to and are inherent to the City as the employer. Any of the
rights, powers, and authority the City had prior to entering this collective bargaining
agreement are retained by the City, except as specifically abridged, delegated, granted
or modified by this! Agreement.
19
3. If the City fails to exercise any one or more of the above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such
functions.
ARTICLE 22 WORK STOPPAGES
1. The Association agrees that, under no circumstances, shall there be any work
stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit -
down, stay -in, sick -out or any other concerted failure or refusal to perform assigned
work for any reason whatsoever, or picketing in the furtherance of any of the above -
prohibited activities, nor shall any bargaining unit personnel refuse to cross any
picket line at any location, whether the picketing is being done by the Association or
any other employee organization or union.
2. The Association agrees that the City shall retain the right to discharge or otherwise
discipline some or all of the employees participating in or promoting any of the
activities enumerated in paragraph 1 above, and the exercise of such rights by the
City will not be subject to recourse under the grievance /arbitration process.
3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2
above, are contrary to the ideals of professionalism and to the City's community
responsibility. Accordingly, it is understood and agreed that in the event of any
violation of their Article, the City shall be entitled to seek and obtain legal and/or
equitable relief in any court of competent jurisdiction.
4. For the purpose of their Article, it is agreed that the Association shall be responsible
for any act committed by its officers, agent, and /or representatives when such act
constitutes a violation of state law or the provisions herein. In addition to all other
rights and remedies available to the City under state law, in the event of a breach of
the provisions herein, the City shall have the right to unilaterally and without further
notice terminate their collective bargaining agreement, withdraw recognition from the
Association, and cease dues deductions.
ARTICLE 23 AWARDS
The City will endeavor to provide a formal system of awards for various degrees of
outstanding service. Employees selected as Officer of the Month or Supervisor of the
Month shall receive official awards which are to be posted conspicuously in the
Police Station and City Hall. Additionally, formal recognition of employee's
exceptional` service shall be placed in personnel files.
ARTICLE 24 MILITARY LEAVE
1. Any employee covered by this Agreement who presents official orders requiring their
attendance for a period of training or other active duty as a member of the United
States Armed Forces or the State of Florida National Guard shall be entitled to
military leave for a period not to exceed seventeen (17) calendar days annually,
pursuant to Chapter 115.07, Florida Statutes.
20
ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE
Any employee authorized to use their private automobile in the performance of their
City duties will be compensated at the mileage rate prescribed by Florida Statutes.
Such mileage shall be computed based on the distance between the employee's
regular duty station and the place of assignment or the employee' residence and the
place of assignment, whichever is shorter. Mileage shall not be paid for commuting
to and from the regular duty station or for court appearances or case - related
conferences.
ARTICLE 26 BULLETM BOARDS
The City shall permit the Association to post notices of an informational nature and
names and addresses of officers, directors, and representatives of the Employee
Organization on a 5' x 4' bulletin board in the squad room at the police station. A
copy of each notice to be posted shall be transmitted to the Chief of Police or their
designee prior to posting. Under no circumstances shall the Association tender for
posting any notice or training material tending to, directly or indirectly, disparage any
elected or appointed official or employee of the City. An officer of the Association
shall sign each notice to be posted.
ARTICLE 27 SEVERABMITY CLAUSE
1. Should any provision of this Agreement or any part thereof, be rendered or declared
invalid by reason of any existing or subsequently enacted state or federal legislation,
or by any decree of a court of competent jurisdiction, all other articles and sections of
this Agreement shall remain in full force and effect for the duration of this
Agreement. Furthermore, should any provision of this Agreement become invalid, as
described above, the parties shall meet within thirty (30) calendar days of such
decision or legislation to discuss substitute provisions or ramifications of such action
of this Agreement.
ARTICLE 28 COMPENSATION
1. The following Compensation matrix is agreed (Effective October 1 of the fiscal year):
Year
COLA
SpecialRetro
Future
Employee
Risk
Pension
Pension
Pension
Pay
Contribution
2001 -02
5.00%
$30
1.60%
2.80%
7.50%
2002 -03
3.00%
$35
1.80%
2.90 %
7.50%
2003 -04
2.00%
$40
2.0%
3.00%
7.50%
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2. Bargaining unit employees who serve as Field Training officers pursuant to the
criteria below will receive a 7% supplement during the time that the employee
performs FTO duties. In order to receive the FTO supplement, the employee must:
(1) secure an FTO certificate from the State of Florida, and (2) be assigned to and
actually perform FTO duties. Thus, employees will receive FTO pay only during
those days in which the employee is at work, is assigned to FTO duties and performs
FTO duties. The 7% FTO supplement will be added to the employee's base pay for
the days during which the employee receives such supplement.
3 Bargaining unit employees covered by this Agreement who are temporarily assigned
to a higher rank shall receive the wages of their acting rank for each full day worked
in the higher rank.
4 Longevity nay shall be calculated based on the hourly rate of each bargaining unit
employ
ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS
Except as specifically provided herein, neither party hereto shall be permitted to re-
open this Agreement or any part of this Agreement. This Agreement contains the
entire agreement of the parties on all matters relative to wages, hours, working
conditions, and all other matters which have been, or could have been negotiated by
and between the parties prior to the execution of this Agreement.
ARTICLE 30 UNIFORMS AND EQUIPMENT
1. Employees covered by this Agreement shall receive from the City upon appointment,
at no cost to the employee, a new uniform, which shall consist of the following:
O One (1) long sleeve shirt;
Five (5) short sleeve shirts;
(c)c Five (5) pairs of trousers;
One (1) hat;
O Badge and name tag;
Q) Leather goods and accessories to include: handcuffs and case, cartridge case
and
eighteen (18) shells, and holster;
(h One (1) jacket with zip-out lining;
Two (2) pairs police low quarter corfam shoes;
W Raingear;
Upon employee's request, two pairs of uniform shorts shall be issued.
The above items shall be replaced as needed, by the City, within a reasonable
amount of time from the employee's written request. Such requests shall include
the reason for replacement and is contingent upon approval of the Division
Commander via chain of command.
2. Employees who are required to wear non - issued clothing will receive a clothing
allotment of $500 dollars annually. One -half (1/2) of said allotment will be paid on
22
the pay day nearest the 15th of December of each year and the other one -half (1/2)
will be paid on the pay day nearest the 15a' of June of each year provided that the
employee is employed on said day.
3. Uniformed employees covered under this Agreement will receive a clothing
allowance of $300 dollars annually. One -half (1/2) of said allotment will be paid on
the pay day nearest the 15th of December of each year and the other one -half (1/2)
will be paid on the pay day nearest the 15th of June of each year provided that the
employee is employed on said day. Any employee who receives a clothing/uniform
allowance in advance who terminates employment, except for retirement, will have a
prorated portion of that allowance deducted from the final paycheck. No final
paycheck will be given the terminated employee until all city -owned property such as
uniforms and equipment, ID, etc. has been returned to the City.
4. Each employee shall be 'provided with a bullet proof vest, as needed, at the sole
discretion of the City. The wearing of the vest will be at the option of employees,
except in the performance of specialized duties and /or as specifically directed by the
Department.
5. Each officer (upon request) will be issued surgical gloves and a plastic pocket
resuscitation' mask for use in administering first aid. Such items shall be replaced as
needed.
6. Employees may be allowed to carry personally - owned shot -guns and ammunition
which conform to department standards one the employee is qualified for use in that
weapon or an identical weapon by a certified range master.
7. All personnel who intend to carry personal semi- automatic weapons on duty are
subject to the following conditions:
The 'officer must complete transitional training prior to obtaining approval to
carry the firearm as provided for in Article 11.3 - TRAINING..
2) A request to carry the firearm shall be approved by the Chief of Police.
3) Firearm shall be inspected and approved by a department armorer.
4) Sworn personnel shall not modify authorized firearms.
5) Holster and ammunition clip holder shall be purchased (by employee) and
approved by the Chief of Police.
The officer shall complete a training course pertaining to the new firearm.
The officer shall qualify with firearm.
Firearms and magazines shall be carried with Department issue ammunition
only,
The',Department shall set forth the manufacturers and models approved for
use.
8. Employees shall be issued ASP's with holsters and shall receive appropriate training
for use of such ASP's prior to issuance.
9. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard
knife case, the finish of which matches the leather accessories issued by the City.
The uniformed personnel shall not carry any knife on their person other than that
which is contained in said case (the blade of which shall not exceed three inches in
length).
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ARTICLE 31 NON - PROMOTIONAL VACANCIES
The City agrees to post non - promotional vacancies within the Department for a
period of three (3) days prior to the filling of the vacancy. However, it is understood
and agreed that such posting shall not be construed to require the appointment of
Departmental personnel to such vacancies. Further, the appointment of individuals to
such vacancies shall remain within the sole discretion of the Chief of Police or his
designee, based upon the recommendation of a review panel, from an existing
eligibility list, except where Article 8, Section 3 of this Agreement provides for
mandatory consideration of seniority. Eligibility lists for non- promotional vacancies
shall expire after a 3 month period, after which vacancies will be re- advertised and
new interviews held.
1. Employees will receive an electrocardiogram, eye exam, and physical examination to
include alcohol and drug screen testing at least once a year (12 months) performed by
a physician selected by the City or when requested by the City. Scheduling of the
above will be at the discretion of the City, and the results will become part of the
employee's permanent record. The City will undertake the cost of the examination
and will furnish the employee with a copy of the examination report.
2. The City and the Association recognize that employee substance and alcohol abuse
may have an adverse impact on City government, the Department's operations, the
image of City employees, and the general health, welfare and safety of the employees
and the general public at large., Therefore, the parties agree that the Department shall
have the right and authority to require employees to submit to toxicology and alcohol
testing designed to detect the presence of any controlled substance, narcotic drug, or
alcohol.
3. The Department agrees' that requiring employees to submit to testing of this nature
shall be limited to circumstances where the employee's immediate supervisor and the
Police Chief or his designee have a reasonable belief that the employee is under the
influence of such substances, suffers from substance or alcohol abuse, or is in
violation of the City's Personnel Rules, Departmental Rules and Regulations, and
Florida Statutes regarding the use of such substances. It is also understood by the
parties that the aforementioned authority to require an employee to submit to such
testing must also be approved by the Chief, if available, or his designee within the
Department or City.
4. It is understood and agreed that the tests conducted under this Article shall be
administered in a purely employment context only as part of the City's legitimate
inquiry into the use of any controlled substance, narcotic drug, or alcohol by its
employees.
5. An employee required to submit to a mandatory test for the presence of alcohol or
illegal drugs shall be entitled to have a PBA or other employee representative present
when the breath analysis is conducted or the urine specimen is obtained. It is agreed
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and understood that the breath analysis test will not be delayed longer than one (1)
hour.
6. All tests shall be analyzed in medical laboratories mutually agreed to by the City and
the Association, using recognized technologies. In the event an employee's test
results are positive, a second test, utilizing a different procedure, preferable the Gas
Chromatography/Mass Spectrometry (G C M S ) or comparable recognized testing
method shall be conducted on the same specimen to verify the initial test results.
Employees shall receive the results of a positive test within 12 hours of the City's
receipt of the test results. Additionally, upon request, the employee shall be given a
sample of the specimen tested.
7. The results of such tests shall be handled as part of an Internal Affairs Investigation
and are not to be made public unless required by law. The taking of a breath analysis
or urine specimen from an employee does not constitute an interrogation within the
meaning of Section 112.532, etc., Florida Statutes (1987), unless questions are asked
at the time the test is conducted.
8. The results of such tests may result in disciplinary action, up to and including
dismissal, in accordance with the applicable provisions of the City Code, the City
Personnel Rules, and /or the Departmental Rules and Regulations. The employee may
grieve the discipline through the contract grievance procedure.
9. The parties agree that any employee refusing to submit to toxicology or alcohol
testing conducted in accordance with the provisions of this Article may result in
disciplinary action being taken against the employee up to and including dismissal.
10. In the event of an on-the-job injury to an employee, not as a result of negligence by
the employee, such employee will be carried at full pay and benefits for a period not
to exceed 180 calendar days.
11. Any employee injured on the job shall be paid the full eight (8) hours wage for the
day of the accident if their treating physician advises that he should not return to work
that day.
12. Employees covered by this agreement further agree that in the interest of public
confidence, there needs to exist a management right to submit employees at random
and without notification for drug and alcohol testing. Said tests shall be in addition to
the annual physical and may occur not more than one time per employee each year.
ARTICLE 33 RETIREMENT BENEFITS
1. Each bargaining unit employee who retires on length of service or medical disability
shall receive a one grade 'promotion and shall be issued a badge and identification
card clearly marked "retired ".
2. The following changes in retirement benefits are hereby agreed to:
(a) Effective October 1, 1995, the benefit accrual rate (multiplier) shall be
increased from 1.9 to 2.25 %;
Effective October 1, 1996, the benefit accrual rate (multiplier) shall be
increased from 2.25% to 2.50 %;
Effective October 1, 1997, the benefit accrual rate (multiplier) shall be
increased from 2.50 % to 2.75 %.
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(d ) The multiplier factor to be applied at the time of retirement of each bargaining
unit employee shall be applied as follows:
I. For all years of service prior to October 1, 1993, the
multiplier shall be 1.6 %. For services rendered during
fiscal year 1993 -94 (October 1, 1993 through September
30, 1994), the multiplier shall be 1.8 %. For services
rendered during October 1, 1994 through September 29,
1995, the multiplier shall be 1.9 %.
II. For services rendered from October 1, 1995 through
September 30, 1996, the multiplier shall be 2.25 %.
III. For services rendered from October 1 1996 through
September 29, 1997, the multiplier shall be 2.50 %.
IV. For services rendered from September 30, 1997 forward,
the multiplier shall be 2.75 %.
V. Retro Pension effective October 1 2001, . See Article 28 -
Compensation Matrix.
3. Bargaining unit employees shall be 100% vested in the retirement plan when
completion of ten (10) years continuous full -time service in the retirement plan is
completed. Accordingly, effective October 1, 1993, all bargaining unit employees in
the retirement plan who have, as of October 1, 1993, between ten (10) and twenty
(20) years of continuous service will be 100% o vested.
4. Effective October 1, 2001, the employee contribution to the retirement plan will be
7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both
the City and the employees will share equally the excess amount (g.&, _should the
total contribution be actuarially determined to be 17%, the City shall contribute a total
of 8.5% and the employees shall contribute a total of 8.5% o).
5. Effective October 1, 2001, in accordance with the new provisions of State Statute
governing Chapter ,185 Funds, the sum of $12,498.00 will be paid from the Chapter
185 Police Retirement funds to the South Miami Police Pension Plan each year,
regardless of the growth or diminution in future Chapter 186 funds in partial
exchange for the "25 years of service and out" benefit improvement to the pension
plan.
6. The retirement plan is mandatory for all employees hired after October 1, 1995.
7. Final average compensation shall mean the participant's annual compensation, as
determined by the employer, acting in a uniform and nondiscriminatory manner
averaged over the last three (3) year period ending on the participant's retirement
date, date of disability, date of termination of employment, or date of termination of
the plan, whichever is applicable.
8. The normal retirement date (the earliest date a bargaining unit employee may retire
with full unreduced pension benefits) is the completion of 25 years of credited service
or attainment of age 60 and completion of 10 years of credited service.
9. Employees covered by this Agreement shall be allowed to apply for permission to
purchase credit for active duty in the U. S. military service, up to a maximum of four
(4) years in the South Miami Retirement System, pursuant to procedures to be
promulgated by the City in consultation with the PBA.
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10. Employees covered by this Agreement shall be allowed to apply for permission to
purchase credit for immediate past City service as a member of the bargaining unit up
to a maximum of five (5) years in the South Miami Retirement System pursuant to
procedures to be promulgated by the City in consultation with the PBA. The actuarial
and technical language is to be prepared by the Wyatt Company, approved by the
City and the PBA, and adopted by the Pension Board. Any condition or impairment
of health of any police officer caused by tuberculosis, hypertension, heart disease, or
hardening of the arteries, resulting in total disability or death, shall be presumed to be
accidental and suffered in the line of duty unless the contrary be shown by competent
evidence.
ARTICLE 34 EDUCATIONAL INCENTIVE
1. The City agrees to bear the cost of tuition for specialized education courses to better
equip the officers for the performance of the particular job and /or position in which
they are employed.
2. Every application for educational assistance shall be subject to the approval of the
Chief of Police and the City Manager. Such approval must be obtained at least thirty
(3 0) days prior to the beginning of any course.
3. If any application is approved, guidelines for reimbursement are as follows:
50% reimbursement of the course cost for a grade of "C or better for
undergraduate courses;
50% reimbursement of the course cost for a grade of "B" or better for graduate
courses;
&) Any such reimbursement shall be made only upon submission of proof of the
grades as provided in sub- sections b and c above;
The credit hour cost of any courses approved shall be capped at the rate used by
local publicly funded universities and /or community colleges.
4. Employees utilizing; educational assistance must remain with the City for a period of
at least two years following completion of any reimbursed course, or said money
must be repaid to the City (amount may be deducted from final pay).
ARTICLE 35 EMPLOYEE PREGNANCUMATERNITY LEAVE
An employee who becomes pregnant must notify the Chief of Police as soon as she
receives a medical confirmation that she is pregnant. A pregnant employee is
required to furnish a letter from her physician which will state the anticipated delivery
date, the amount of time the employee may continue to work until the delivery and
the types and limitations of duty to be performed by the pregnant employee. At the
recommendation of the employee's physician, the pregnant employee may, at the
discretion of the City, be placed; on light duty status with the approval of the Chief of
Police or his designee and the City Manager. In the event that alight duty position is
not available at the police station, the pregnant employee may be utilized in other
City of South Miami offices at the discretion of the City Manager. The employee's
rate of pay will remain the same:
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2. Pregnant employees shall be granted disability leave on the same terms and
conditions as granted for other non - pregnancy - related disabilities. Any bargaining
unit employee who becomes pregnant shall be entitled to unpaid maternity leave.
Such maternity leave shall be granted for a period of up top six (6) months. In the
event that the pregnant employee has any accrued annual leave, sick leave or comp
time, she may use all or any part of the accrued leave at her request in lieu of unpaid
leave.
ARTICLE 36 EMPLOYEE ASSISTANCE PROGRAM
The City and the PBA concur that an Employee Assistance Program (EAP) would be
of great value in supporting the operations of the Police Department and to bolstering
the welfare of the Department's law enforcement personnel. Therefore, it is agreed
that the City Manager and the PBA unit representatives will meet, as needed, to
develop an action plan to implement such a program that is responsive to the needs of
the bargaining unit and is affordable to the City.
ARTICLE 37 ABOLISHMENT OR MERGER
1. Whenever the abolishment or merger of the police department is contemplated, the
Association shall be informed of such plans in advance and be given an opportunity
to negotiate concerning the impact of such abolishment or merger proposal upon this
Agreement.
2. The abolishment or merger negotiations shall include discussion of provisions for the
placement of personnel in other departments or, in the alternative, severance benefits.
ARTICLE 38 AMERICANS WITH DISABILITIES ACT
Notwithstanding any other provision of this Agreement, the PBA agrees that the City
may take whatever actions may be necessary to comply with the Americans with
Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation
to individuals with disabilities as required under those laws. To accomplish this, the
City shall notify the PBA of the action it intends to take to comply with the ADA or
the Florida CRA. If the PBA disagrees with the action contemplated by the City, the
PBA shall immediately request negotiations with the City to resolve the issue and to
determine the parties' mutual obligations to comply with these laws. However, any
contention or claim that the City violated any provision of the Americans with
Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through
available administrative or judicial remedies, and shall not be subject to the grievance
procedure herein.
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ARTICLE 39 TERM OF AGREEMENT
1. Except as provided herein, all provisions of this Agreement shall be effective upon
ratification by the PBA and the City. This Agreement shall remain in full force and
effect until and including September 30, 2004.
2. Both parties agree that the following items may be opened prior to the second and
third years of this Agreement upon notice by either party no later than July 1, of that
year:
(a) 55/10 Retirement
(h) DROP Program
Miami-Dade County Police
Benevolent Association
By:
Miami-Dade County PBA
Date:
ATTEST:
City Clerk
City of South Miami
By:
City Manager
Date:
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SOUT
F �
U ..r
I N CORPORATEQ
1927
O RIO
Excellence, Integrity, Inclusion
To: Honorable Mayor Date: June 7, 2001
and City Commission
From: Charles D. Scurr Subject: Agenda Item # ��
City Manager Commission Meeting 6/12/01
All- America City Award
Competition
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER
THE FOLLOWING SUMS TO ACCOUNT 001- 0000 - 132 -1800 "ALL- AMERICA
CITY ": $17,953.23 FROM ACCOUNT NUMBER 01- 2100 -519 -9910
"CONTRIBUTION— SPECIAL EVENTS"; $2,046.77 FROM ACCOUNT 001 -0000-
321.30 -00 "LOBBYIST REGISTRATION FEE"; AND $5,000.00 FROM ACCOUNT
001- 0000 - 362 -2100 "REVENUE - VEHICLE INSPECTION STATION FURTHER
AUTHORIZING THE CITY MANAGER TO EXPEND UP TO $25,000.00 FROM
THIS ACCOUNT TO MATCH DONATIONS FROM THE COMMUNITY FOR THE
ALL - AMERICA CITY COMPETTION AND DEFRAY THE COSTS OF
PARTICIPATING YOUTH MEMBERS; PROVIDING AN EFFECTIVE DATE
BACKGROUND AND ANALYSIS
The City of South Miami has achieved local, statewide and now national recognition for its
innovative and exciting approached to problem solving. With the Mayor's encouragement, the
City prepared and submitted an application for the 2001 All- America City Award Competition.
South Miami has been selected one of thirty national finalists for the award. Ten winners will be
selected during the 52nd Annual National Civic League Conference to be held on June 21 -23,
2001, in Atlanta, Georgia. Each City has 20 minutes allotted to make a presentation and answer
questions posed by a panel of judges.
Community participation is an essential component of a winning presentation. South Miami
intends to take a delegation representative of the rich diversity of residents in the City. The City
Page 3 of 2
contribution will match donations from the community and be used to offset the expenses of
youth members of the community who will be participating in the event.
Funding will come from the following sources:
• $17,953.23 from account number 01- 2100 -519 -9910 "Contribution - Special Events"
which has a fund balance of $17,953.23;
• $2,046.77 from account 001- 0000 - 321.30 -00 "Lobbyist Registration Fee" which has
a fund balance of $2,700.00; and
• $5,000.00 from account 001 - 0000 - 362 -2100 "Revenue - Vehicle Inspection Station"
which has a fund balance of $12,000.
RECOMMENDATION
Your approval is recommended.
Page 2 of 2
I
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 TRANSFER THE FOLLOWING SUMS TO ACCOUNT 001- 0000 -132 -1800
6 "ALL- AMERICA CITY ": $17,953.23 FROM ACCOUNT NUMBER 01 -2100-
7 519 -9910 "CONTRIBUTION— SPECIAL EVENTS "; $2,046.77 FROM
8 ACCOUNT 001- 0000 - 321.30 -00 "LOBBYIST REGISTRATION FEE'; AND
9 $5,000.00 FROM ACCOUNT 001 - 0000 - 362 -2100 "REVENUE- VEHICLE
10 INSPECTION STATION "; FURTHER AUTHORIZING THE CITY
11 MANAGER TO EXPEND UP TO $25,000.00 FROM THIS ACCOUNT TO
12 MATCH DONATIONS FROM THE COMMUNITY FOR THE ALL -
13 AMERICA CITY COMPETTION AND DEFRAY THE COSTS OF
14 PARTICIPATING YOUTH MEMBERS; PROVIDING AN EFFECTIVE DATE
15
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17 WHEREAS, over the past year, the City of South Miami has achieved numerous outstanding
18 accomplishments; and
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20 WHEREAS, in light of these accomplishments, the City has been recognized as a finalist in the
21 National Civic League's All- America City Competition; and
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23 WHEREAS, 1.0 All- America City Winners will be selected from among the 30 Finalists at the
24 52nd Annual National Civic League Conference to be held on June 21 -23, 2001, in Atlanta, Georgia; and
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26 WHEREAS, each Finalist City must travel to the Conference and make a presentation before a
27 panel of judges in order to be selected a Winner.
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30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
31 THE CITY OF SOUTH MIAMI:
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33 Section 1. The City Manager is authorized to transfer the following sums to account
34 001- 0000 -132 -1800 "All- America City ": $17,953.23 from account number 01- 2100 -519 -9910
35 "Contribution - Special Events "; $2,046.77 from account 001 - 0000 - 321.30 -00 "Lobbyist
36 Registration Fee "; and $5,000.00 from account 001 - 0000 - 362 -2100 "Revenue - Vehicle
37 Inspection Station ".
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J
I Section 2. The City Manager to authorized to expend up to $25,000.00 from account
2 001- 0000 -132 -1800 "All- America City" to match donations from the community for the All -
3 America City competition to help defray the costs of participating youth members.
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Section 3. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this day of
, 2001.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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Commission Vote:
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READ AND APPROVED AS TO FORM:
Mayor Robaina:
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Vice Mayor Feliu:
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Commissioner Bethel:
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Commissioner Russell:
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Commissioner Wiscombe:
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CITY ATTORNEY
Page 2 of 2
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 2000.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
tk 9
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12, 2001
and City Commission
From: Charles D. Scurr Re: Agenda Item#
City Manager LDC Amendment: Permitted
Use: Tanning Studio
Request:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYOF 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" AND
SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE -
PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A
PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL
(HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Michael Lopez, is requesting the City to amend the list of permitted uses in the
City's "SR(HD -OV)" Specialty Retail ( Hometown District Overlay Zone) Use Districts to
include "tanning studio ", as a ermitted use. The application package submitted refers to a
specific address, 7400 -4 SW 57t Ave., as a site in the "SR(HD -OV)" district that the applicant
and his company Eternal Sun wishes to locate a tanning studio. The submitted application is a
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 the zoning districts
designated as appropriate for the new use.
The request will require the Land Development Code to be amended in two sections. The first is
Section 20- 3.3(D), "Permitted Use Schedule" and the second is Section 20 -7.12 "Permitted
uses ", within the Hometown District Overlay Zone, which incorporates a separate list of uses
permitted in the Hometown District.
LDC Amendment
Permitted Use
June 12, 2001
Page 2 of 3
STAFF ANALYSIS
1) At present the SR zoning district and the HD -OV zoning districts are coterminous. Although
the commercial uses permitted are basically the same, each district has a separate listing of
permitted uses, thereby requiring both sections of the LDC to be amended.
2) The uses allowed in the SR 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 100 separate commercial (permitted and special) uses
allowed in the SR zoning use district. ( see Attachment Commercial Uses Permitted in SR)
3) The uses allowed in the Hometown District are contained in Section 20 -7 .12 "Permitted
uses" which is within the regulations governing the Hometown District Overlay Zone. (see
Attachment, Permitted uses in Hometown District)
4) A tanning studio is a business that uses artificial lighting systems to produce a tan on an
individual's body. The applicant in his letter of justification states that indoor tanning is a fast
growing and popular sector of the fitness and recreation industry, and that the location of a
tanning studio in South Miami would be complementary with neighboring beauty salons and
upscale retail shops.
5) A review of the uses currently allowed in the SR and the Hometown District indicates a
number of businesses providing services very similar to a tanning studio. These include
permitted uses such as physical fitness facility, barber shops, beauty parlors, massage
therapist, as well as health care related offices.
6) Based upon the above information, tanning studios would be a compatible permitted use in
the SR and Hometown zoning districts.
A) SPECIFIC AMENDMENT
Section 20- 3.3(D) of the Land Development Code should be amended as follows
Section 20 -3.3 (D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Tannin S� tudio P 11
* Parking requirement category; 1 space per 300 sq.ft gross floor area (NOTE: New wording underline
ZONING
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LDC Amendment
Permitted Use
June 12, 2001
Page 3 of 3
B) SPECIFIC AMENDMENT
Section 20 -7.12 of the Land Development Code should be amended as follows:
Hometown District Overlay Zone
Section 20 -7.12 Permitted uses
The uses below are applicable to both new and existing buildings in the Hometown
District:
USE TYPE
Tanning Studio
(Note; New wording underlined)
PLANNING BOARD RECOMMENDATION
Unadjusted Parking Requirements
I parking space required per:
300 SF
The Planning Board at its May 29, 2001 meeting adopted a motion recommending approval of
the proposed amendment . The motion to approve was made by Mr. Illas and seconded by Mr.
Mann. The motion was adopted by a vote of 7ayes 0 nays.
RECOMMENDATION:
It is recommended that the request to amend the Land Development Code's Permitted Use
Schedule and the Hometown District to allow tanning studios as a permitted use in the SR and
Hometown commercial districts as shown above and in the attached draft ordinance, be approved
on first reading.
Attachments:
Draft ordinance
Application
Letter of Intent
Letter of Justification
Uses Permitted in SR
Permitted uses in Hometown
Planning Board Minutes 5 -29 -01
Public notices
CS /RGL /SA
D: \Comm Items \2001 \6- 12- 01\LDC Amend - Tanning Studio 6- 12- 01.doc
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11111
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYOF 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"
AND SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY
ZONE - PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS
A PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL
(HOMETOWN DISTRICT - OVERLAY ZONE) USE DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, application No. PB -01 -009 was submitted to the Planning and Zoning Department by
Michael Lopez., said application requesting that Section 20- 3.3(D), Permitted Use Schedule and Section
20 -7.12 Hometown District Overlay Zone Permitted Uses of the City's Land Development Code be
amended to include tanning studio as a permitted use in the "SR(HD -OV) ", Specialty Retail (Hometown
District Overlay Zone) Use Districts; and
WHEREAS, after review and consideration, the Planning and Zoning Department recommended
amending Section 20- 3.3(D) "Permitted Use Schedule," and Section 20 -7.12 "Hometown District Overlay
Zone Permitted Uses" of the City's Land Development Code to permit a tanning studio as a permitted use
in the "SR (HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and
WHEREAS, on May 29,2001, 2000, after Public Hearing regarding the proposed amendment to
Section 20- 3.3(D) and Section 20 -7.12 of the Land Development Code, the Planning Board approved a
motion by a vote of 7 ayes and 0 nays, recommending that a tanning studio be allowed as a permitted use
in the "SR (HD -OV) ", Specialty Retail (Hometown District Overlay Zone) Use Districts; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
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
BUSINESS AND PROFESSIONAL SERVICES
Tanning Studio
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Hometown District Overlay Zone
Section 20 -7.12 Permitted uses
The uses below are applicable to both new and existing buildings in the Hometown District:
USE TYPE
Tanni a Studio
(Note; New wording underlined)
Unadjusted Parking Requirements
I parkingspace required per:
300 SF
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
ATTEST:
CITY CLERK
1St Reading -
2nd Reading-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
D: \Comm Items\2001 \6- 12- 01\LDC Amend -Tanning Studio Ordinance.doc
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Felieu
Commissioner Russell
Commissioner Bethel:
Commissioner :Wiscombe
Planning & Zoning Department
v City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: \\ \\ ,, \\ ot(s)
Block Subdivision
Meets & Bounds:
Applicant: \ \C\ Phone: 0 \�X
\
Representative: Organization:
Address: Phone:
Property Owner: Signature:
+�
Mailing Address: ` `\ Phone:
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT`.
_Owner _Owner's Representative Contract to purchase _Option to purchase 46enant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
Pl_ SASE CHECK THE APPROPRIATE ITEM:
FCqSE CHECK ALL THAT APPLY:
Text Amendment to LDC _Variance
k tZ60 i 1tter of intent
_ Zoning Map Amendment ' _Special Use
stifications for change
_ PUD Approval _Special Exception
_Statement of hardship
_ PUD Major Change _Other
Proof of ownership or letter from ownerA/1,4
_
_ Power of attorney
Briefly explain application and cite specific Code sections:
Contract to purchase Nt�
_ Current survey (1 original sealed and &f
signed /1 reduced copy @ 11" x 17 ") wig
15 copies of Site Plan and Floor PlansNd
\
_
1 reduced copy @ 11" x 17" NA
_ 20 % Property owner signatures N�
`N'¢ A
i (,� di)
Section: Subsection: Page #: Amended Date:
ailing. labels (3 sets) and map
O —7. %71 l�c�yrF�cruy e%szQ`cr 6ry
quired Fee(s)
u i ad this completed application and represents that the information and all submitted materials are true and
Corr t st o 'cants knowledge and belief.
App a e a Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Devel t Coc,and
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. 5 —�
OFFICE USE ONLY:
Date Filed ,,/ :a-? -d-/
Petition Required /V®
Method of Payment
8/2/00
Date of PB Hearin %19 4 / "'�
�_� Date of Commission � m
Petition Accepted Nfl N d
Letter of Intent
Eternal Sun will be an upscale indoor tanning studio dedicated to providing clients
with a controlled, comfortable, and convenient environment in which to tan. Very
simply, our mission will be to provide clients with the complete tanning
experience.
The complete tanning experience consists of a superior tanning service coupled
with related tanning products that will enhance the client's physical appearance, as
well as, provide him or her with the opportunity to experience mental relaxation in
a time- conscious and affordable manner. In achieving our mission, Eternal Sun
will strive to create an upscale and trendy image stemming from the studio's decor
right down to the Eternal Sun logo. In addition, we will maintain a relaxed
atmosphere with a friendly staff that is industry- educated and customer - oriented.
The studio will also feature a full line of tanning products that compliment a line
of sophisticated, 'state -of -the -art' tanning beds. Finally, Eternal Sun will operate
Monday through Saturday from gam to 9pm and Sunday from loam to 4pm.
Justification for Change
I, Michael E. Lopez, respectfully request a text amendment to LDC allowing,
Eternal Sun, an indoor tanning studio, to operate as a place of business in the City
of South Miami.
By all accounts, the research suggests the indoor tanning industry continues to
strengthen its position as one of the fastest growing and most popular sectors of
the fitness and recreation industry. According to Sun Ergoline's research an
estimated 27 million people tanned indoors between May of 1998 and April of
1999. The figure represents an 8% increase over the previous 1996 -1997 estimate
of 25 million indoor tanners. Indeed, tanning studios have already found their way
to South Florida and are established in such areas as Coral Gables, Kendall,
Dadeland, and the Beaches. In addition, over the last few months, two new salons
have opened in the Greater Miami area: one in Dora] and the other in Brickell.
Consequently, we believe a premier tanning studio in South Miami would provide
excellent synergy with the neighboring beauty salons /spas and the upscale retail
shops in the surrounding area.
Eternal Sun would like to provide the community of South Miami, and
surrounding neighborhoods, with a professional upscale, indoor tanning studio that
fits in with the standards and reputation of the City of South Miami. Eternal Sun
will cater to health - and fitness - conscious individuals who would love to be
tanned, but are faced with significant time constraints. These individuals have a
variety of commitments demanding time from their daily lives, such as hectic
workdays, full class schedules, or family and social responsibilities with which
they must comply. Additionally, many would attest they neither have the time,
nor the desire to lie out in the sun for hours on end in order to build and maintain a
beautiful tan. Instead, they would rather pay a nominal fee to tan safely, quickly,
and conveniently indoors because they believe in the view stating, "If you look
good, you feel good."
Pres. of Eternal - .Banning
t
I
i
m
n
m
1
m\
This is the studio design that Eternal Sun will emulate
T" s as One eYarnple o the 'state-of-the-art' bed designs that Eternal Sur.
will offer to its clients
m
r
�
T" s as One eYarnple o the 'state-of-the-art' bed designs that Eternal Sur.
will offer to its clients
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PERMITTED COMMERCIAL USES IN "SR" DISTRICT
Accounting and Auditing Services
Advertising Agency
Architectural Services
Bank or Savings Institution
Beauty or Barber Shop
Bed and Breakfast
Building Contractors Office
Chiropractic Office or Clinic
Counseling Services
Computer Supplies & Services
Credit Reporting Services
Dentist Office
Dry Cleaning Substation (no processing)
Dry Cleaning Plant (S)
Employment Agency
Engineering Services
Film Processing Substation
Hotel or Motel
Insurance Agency
Interior Decorator, Showroom & Salesroom
Interior Decorator, Office only
Investigative Services
Investment & Tax Counseling
Laboratory, Medical or Dental
Laundromat
Law Office
Loan or Finance Agency
Mail & Parcel Center
Market Research Services
Message Therapist
Medical Office
Messenger or Courier Services
Notary Public
Office, Business or Professional
Opticians or Optical Goods, Showroom
Opticians or Optical Goods, Office only
Personal Skills Instruction Studio
Photographic Studio
Physical Fitness Facility
Picture Framing Store
Planning & Zoning Consultant
Public Relations Services
Quick Printing
Real Estate Agency
Reproduction & Stenographic Services
Shoe Repair Shop
Stock Brokerage
Tailor or Seamstress
Telephone Answering Services
Tutorial Services
Theater or Cinema
Travel Agency
Watch and Clock Sales & Repair
Video Tape Rental Store
Antique or Curio Shop
Bakery
57. Bicycle Sales & Services
58. Book or Stationery Store
59. Business Machine Sales & Services
60. Camera & Photo Supply Store
61. Carpeting or Flooring Sales
62. Clothing or Apparel Store (new only)
63. Confectionery or Ice Cream Parlor
64. Consumer Electronics or Music Store
65. Cosmetics Store
66. Dairy Products Store
67. Deli
68. Department or Dry Goods Store
69. Drinking Place
70. Drug, Pharmacy or Sundry Store
71. Fabric or Drapery Shop
72. Florist
73. Grocery Store (over 4,000 sf gfa)
74. Gift, Novelty or Souvenir Shop
75. Hardware Store
76. Hobby, Toy or Game Shop
77. Household Appliance Store
78. -Home Furniture or Furnishings Store
79. Jewelry Store
80. 'Lighting Fixtures Store
81. Liquor Store
82. Luggage or Leather Goods Store
83. Newsstand
84. Office Supplies
85. Paint Glass & Wallpaper Store
86. Pet Sales or Grooming Services
87. Poultry, Meat or Seafood Market
88. Restaurant, General (S)
89. Restaurant, Walk up (S)
90. Sewing, Needlework or Piece Goods Store
91. Shoe Store
92. Small Restaurant (S)
93. Sporting Goods Store
94. Tea Room
95. Tobacco Shop
96. Used Merchandise Store: Antiques
97. Used Merchandise Store: Consignment
Goods (S)
98. Variety Store
99. Radio & TV Broadcasting Station
100.Bus, Transit or Taxi Terminal
IOI.Parking Lot, Commercial
WCGRUMPLANNINGTand Development CodeTERMITTED USES consol list studiesTERMITTED USES IN GR
DISTRICT.doc
HOMETOWN DISTRICT OVERL- _`= C = JINANCE 20 -7.12
20 - 7.12 Permitted uses.
The uses below are applicable to both new and buildings in the Hometown
District:
Parking Requirements:
USE TYPE: _ �:.° ng space required per:
A. Storefront Uses
Antique or Curio Shop
300 SF
Bakery
300 SF
Bank or Savings Institution
300 SF
Beauty or Barber Shop
300 SF
Bicycle Sales & Services
300 SF
Book or Stationery Store
300 SF
Bus, Machine Sales & Services
300 SF
Bus, Transit or Taxi Terminal
400 SF
Camera & Photo Supply Store
300 SF
Carpeting or Flooring Sales
300 SF
Clothing or Apparel Store (new only)
300 SF
Computer Supplies & Services
300 SF
Confectionery or Ice Cream Parlor
150 SF
Consumer Electronics or Music Store
300 SF
Cosmetics Store
300 SF
Dairy Products Store
150 SF
Day Care Center
250 SF
Deli
150 SF
Department or Dry Goods Store
400 SF
Drinking Place
100 SF
Drug, Pharmacy or Sundry Store
300 SF
Dry Cleaning Substation (no processing)
300 SF
Fabric or Drapery Shop
300 SF
Film Processing, Retail
300 SF
Florist
300 SF
Fraternal Organization or Private Club
100 SF
Gift, Novelty or Souvenir Shop
300 SF
Grocery Store
150 SF
Hardware Store t
300 SF
Hobby, Toy or Game Shop
300 SF
Home Furniture or Furnishings Store
300 SF
Household Appliance Store
300 SF
Inter. Decorator, Showroom /Salesroom
250 SF
Jewelry Store
300 SF
Laundromat
300 SF
155
20 -7.12 SOUTH MIAMI LAND DEVELOPMENT CODE
Unadjusted Parking Requirements:
USE TYPE: 1 parking space required per.
Lighting Fixtures Store
300 SF
Liquor Store
300 SF
Luggage or Leather Goods Store
300 SF
Mail & Parcel Center
250 SF
Messenger or Courier Services
300 SF
Museum, Library or Art Gallery
400 SF
Newsstand
300 SF
Office Supplies
300 SF
Opticians or Optical Goods, Showroom
200 SF
Paint, Glass & Wallpaper Store
300 SF
Pet Sales or Grooming Services
300 SF
Photographic Studio
300 SF
Physical Fitness Facility
300 SF
Picture Framing Store
300 SF
Poultry, Meat or Seafood Market
300 SF
Restaurant, Genera or Walk Up*
100 SF
Restaurant, Small*
400 SF
Sewing/Needlework/Piece Goods Store
300 SF
School'
400 SF
Shoe Repair Shop
300 SF
Shoe Store
300 SF
Sporting Goods Store
300 SF
Tailor'or Seamstress
300 SF
Theater or Cinema
4 seats
Tobacco 1 Shop
300 SF
Used Merchandise Store: Antiques
300 SF
Used Merchandise Store: Consignment*
300 SF
Variety Store
300 SF
Videotape Rental Store
300 SF
Watch and Clock Sales & Repair
300 SF
B. Office Uses
Accounting & Auditing Services
250 SF
Advertising Agency
250 SF
Architectural Services
250 SF
Building Contractors Office
250 SF
Chiropractic Office or Clinic
200 SF
Counseling Services
250 SF
156
HOMETOWN DISTRICT OVERLAY ORDINANCE 20 -7.12
USE TYPE:
Credit Reporting Services
Dentist Office
Dry Cleaning Plant*
Employment Agency
Engineering Services
Governmental Administration
Insurance Agency
Interior Designer, Office only
Investigative Services
Investment & Tax Counseling
Laboratory: Medical or Dental
Law Office
Loan or Finance Agency
Market Research Services
Massage Therapist
Medical Office
Notary ,Public
Office, Business or Professional
Opticians or Optical Goods, Office only
Personal Skills Instruction Studio
Planning & Zoning Consultant
Public Relations Services
Radio & TV Broadcasting Station
Real Estate Agency
Reproduction and Stenographic Services
Social Services Agency
Stock Brokerage Services
Telephone Answering Services
Tutorial Services
Travel Agency
C. Residential & Lodging Uses
n
Dwelling, Townhouse
Dwelling, Multi - Family (Efficiency)
Dwelling, Multi - Family (1+ bedrooms)
Hotel
157
Unadjusted Parking Requirements:
I parking space required per.
250 SF
200 SF
300 SF
250 SF
250 SF
250 SF
250 SF
250 SF
250 SF
250 SF
200 SF
250 SF
250 SF
250 SF
200 SF
200 SF
250 SF
250 SF
200 SF
250 SF
250 SF
250 SF
400 SF
250 SF
300 SF
250 SF
250 SF
300 SF
300 SF
250 SF
(SF refers to gross square feet)
Unadjusted Parking Requirements:
2 spaces per dwelling unit **
1.5 spaces per dwelling unit **
2 spaces per dwelling unit **
1 space per room + 2 additional
:::
DRAFT
.. .. a
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 29, 2001
City Commission Chambers
7:30 P.M.
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum:. Mr. Liddy, Mr. Mann, Mr. Illas, Mr.
Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson.
City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy
Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M.
Menendez (Board Secretary).
IIL Special Notice
Before opening the public hearing, Mr. Morton announced that the applicant of
Shoal Creek Properties L.L.C., for a proposed rental apartment building at the
northeast corner of SW 70th Street and SW 61 st Avenue, had requested a deferral of
the item until a revised application could be submitted. Staff announced that this
item is being tentatively scheduled for the Planning Board meeting of July 1 otn,
2001. Proper publication of such notice will take place prior to the meeting date.
IV. Public Hearing
(A) PB -01 -004
Applicant: AT &T Wireless Services
Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO
SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL
USE APPROVAL TO CONSTRUCT, A STEALTH CELLULAR
Planning Board Meeting
May 29, 2001
COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY
LOCATED AT 4300 S.W. 58TH AVE.,, WITHIN THE "PI ". PUBLIC /
INSTITUTIONAL ZONING DISTRICT,
Action: Ms. Chimeiis read the request into the record and staff presented the
request, giving an overview of the proposal, indicating that the present request is a revision
of the original proposal. The applicant's original submission showed the height of the
flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the
antenna was excessive and could not be screened from view by existing trees. In addition,
staff was also concerned about the electrical equipment building with a barbed wire topped
screen fence located within a few feet of recreational facilities for children. Therefore, due
to the above concerns, staff had recommended denial of the request.
The revised plans submitted by the applicant show a reduction in the height of the pole to
75 feet, also showing removal of the barbed wire from the screen fencing around the
electrical equipment building. In addition, the applicant has carried out a line -of -sight
study from several locations in the surrounding residential neighborhoods. The results .
indicate that the flagpole will not be visible from most of these locations. The applicant is
also proposing to plant heavy vegetation with 60 -80 feet high trees between the flagpole
and the residences which will contribute to significantly screen the tower.
Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman
(Lotterman Development Corporation)
Felix Bravo, (AT &T Wireless)
The Board, staff and 'representatives discussed the proposal. The particular design of the
tower was discussed. In addition, the Board inquired whether the applicant had pursued
other locations prior to selecting the YMCA' site. The Board also raised the health issue.
The City Attorney informed the 'Board that the Telecommunications Act of 1996
specifically precludes municipalities and local governments from considering any
environmental health issues, therefore, that could not be considered evidence that can be
weighed in the determination of granting or denying the application.
At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine
the graphics and photographs brought by the applicant with respect to the proposed
telecommunication tower. The meeting was reconvened at 8:35 PM.
Speakers: (residents against proposal):
Ana M. Rabel, 5876 SW 42 °d Terrace
Martha Cruz, 5801 SW 42nd Terrace
Manuel Lopez, 5990 SW 44th Terrace
Speaker: (for YMCA)
Mark Thompson
Residents' concerns included but were not limited to: possible negative impact on property
values; hurricane- related damage flagpole becoming an eyesore; trees not tall enough to
2
Planning Board Meeting
May 29, 2001
conceal the tower; health threat on the long run; electrical facility installed too close to
YMCA children's playground. -
The Board requested from the staff that for future applications of this nature, a site plan of
the general area showing existing tower locations be included in the package, together
with any possible sites where these telecommunication towers may be installed and the
reasons why the requests were rejected.
First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the
motion. Mr. Mann wanted to add to the motion the clarification that although the residents`
in the area are opposed to the proposed project, it is important to indicate that AT &T,
within the framework of the regulations, has apparently made efforts to work with the
community.
Action: Mr. Comendeiro moved to withdraw his motion to approve.
Second Motion: Mr. Morton moved approval of the request as presented, and shown on
the revised plans dated 5- 22 -01. Mr. Illas seconded the motion.
Voter Approved 4 (Mann, Illas, Morton, Gibson)
Opposed 3 (Liddy, Chimelis, Comendeiro)
The Board was informed that the City Commission will consider this request at its next
meeting, June 12, 2001
Ms. Chimelis_requested that a member of the Board attend the City Commission meeting
of June 12, 2001.
(B) PB -01 -009
Applicant: Michael Lopez
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" AND
SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE -
PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A
PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL
(HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the request into the record. Staff recommended approval
of the request to amend the Land Development Code's Permitted Use Schedule and the
Hometown District to allow tanning studios as a permitted use in the SR and Hometown
zoning districts.
Applicant: Michael Lopez
3
Planning Board Meeting
May 29, 2001
The Board, staff and representative briefly discussed the request. There were no speakers
at the public hearing.
Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion.
Vote: Approved 7 Opposed 0
(C) PB -01 -007
Applicant Mayor and City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3 (E) ENTITLED
"OUTDOOR SEATING /DINING FOR ALL COMMERCIAL
PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL
OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE
STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF
UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH
MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Mann read the request into the record and staff presented the proposed
amendments.
Speaker: Mauricio Farinelli, restaurant owner.
The Board and staff discussed the request which centered on providing additional
requirements to LDC regulations governing Outdoor Seating.
The staff report contained two alternative ordinances which provided for unobstructed
sidewalk passage area. The Planning; Board alternative (B) the five (5) feet unobstructed
passage allowing only one row of seating against the building. The Planning Department
was recommending alternative (A) amending the current regulations to require five (5) feet
of unobstructed passage for a single row of seating and six (6) feet of sidewalk between
two (2) rows of seating. - During discussion, Board members expressed concern that other
regulations governing outdoor seating needed to be more specific, and several amendments
were proposed.
Staff pointed out that all of the amendments will be made to both sections of LDC which
contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and
Section 20 -7.29.
Motion: Mr. Comendeiro moved to approve the following amendments to Section 20
3,3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on
one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk
unobstructed for pedestrian passage (2) maximum number of outdoor seats shall not
4
Planning Board Meeting
May 29, 2001
exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance
height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be
limited to the frontage of only one adjacent storefront; (5) the written consent provided by
property owners in front of whose properties outdoor seating / dining service occurs shall
include an insurance policy naming the City as co- insured and a hold harmless clause in
favor of the City. Mr. Morton seconded the motion.
Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro}
Opposed 2 (Mann, Morton)
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of April 24, 2001.
Vote: Approved 7 Opposed 0;
VI. Discussion Items
The Board and staff discussed the following but was not limited to: (1) the importance of a
member attending the next City Commission meeting in order to convey the views of the
Board to the Commission on the requests presented at this meeting. ' (2) staff also stressed
the importance of having quorum for the next Planning Board meeting scheduled for July
10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann
informed that they will not be able to attend. Mr. Illas was uncertain whether he could
attend. (3) they discussed the possibility of amending the code in the future in order to
change the number of members from five to four to constitute a quorum. Also, they
discussed the possibility of providing for a special meeting.- (4) Mr. Mann made reference
to some neighbors who have approached him with the complaint that they are being cited
for garbage protruding into the street; they claim the garbage is not theirs and it is just
being dumped in front of their property. Also, Mr. Mann referred to a new residence
which it has recently been finished and which resembles a "football stadium" when is lit up
at night and wanted to know of any code restrictions on external lighting. Staff clarified
that the above complaints should be directed to the Public Works and /or the Code
Enforcement Departments for proper handling.
VII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 10:37 PM.
K'.\PB \PB Minutes\2001 Minutes \MINS 05- 29- 01.doc
5
NOTICE IS HEREBY given that the City
Commission of - the City of South, Miami,
Florida will conduct Public Hearings during its
regular City Commission meeting Tuesday,
June 12, 2001 beginning_at 7:30 p.m., in the
City ,Commission Chambers, 6130 Sunset
Drive, to consider 1st 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" AND SECTION 20 -7.12 ENTITLED
"HOMETOWN DISTRICT OVERLAY ZONE-
PERMITTED USES "" IN ORDER TO ALLOW A
TANNING STUDIO AS A PERMITTED USE IN THE
"SR(HD -OV) ", SPECIALTY RETAIL ,(HOMETOWN
DISTRICT OVERLAY ZONE) USE DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; 'AND
PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO :A REQUEST TO AMEND,
LAND DEVELOPMENT CODE SECTION 20- 3.3(E)
ENTITLED "OUTDOOR SEATING /DINING ' FOR
ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE
ZONING DISTRICT" AND SECTION 20 -7.29
ENTITLED "OUTDOOR SEATING /DINING USES
AND AREAS" IN ORDER TO AMEND THE
REQUIREMENTS AND STANDARDS APPLICABLE
TO OUTDOOR 'SEATING FOR RESTAURANTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
Said ordinance can be inspected in the City Clerk's
Officer 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, CIVIC
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 the appeal is to be based.
V
c
d
�1
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: June 12 2001
and City Commission
From: Charles D. Scurr Re: Agenda Item # s2/
City Manager LDC Amendment: Outdoor
Seating for Restaurants
WX11 A 2M
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED
"OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,
EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING
DISTRICT." AND SECTION 20 -7.29 ENTITLED "OUTDOOR
SEATING/DINING USES AND AREAS" IN ORDER TO AMEND THE
REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
The Planning Board at its January 30, 2001 requested staff to prepare an appropriate draft
amendment to the LDC regulations governing outdoor seating /dining. The issue was discussed as
part of a special use application for a restaurant proposed for the Shops of Sunset. The primary
concern of the Board dealt with the encroachment of outdoor restaurant tables and chairs on
public sidewalks blocking pedestrian passage.
The regulations governing outdoor seating /dining are contained in Section 20- 3.3(E) entitled
"Outdoor Seating /Dining for All Commercial Properties except for Properties in the RO
Residential Office Zoning District "(Attachment) and in the Hometown Zoning Overlay District
chapter(Section 20 -7.29) The regulations in both sections are comprehensive and require
adherence to a number of restrictive standards.
LDC Amendment - Outdoor seating
June 12, 2001
Page 2
PLANNING BOARD CONCERNS
Planning Department staff prepared a draft ordinance for consideration by the Planning Board
addressing the initial concern, which dealt with the section of the Outdoor Seating regulations
requiring a specific width of unobstructed passage for pedestrian sidewalk passage. The current
regulations in both sections provide that "The width and location of the passage is to be
determined by the city's planning division" (Section 20 -3.3 (E)(8)).
The Planning Department's recommended draft would amend the provision to clearly indicate
that there shall be five (5) feet of unobstructed sidewalk passage for a single row of seating and
six (6) feet of unobstructed sidewalk passage between two rows of seating. The Planning
Department's suggestion was based upon the Americans with Disabilities Act (ADA)
requirement of a clear path of five (5) feet, to accommodate wheelchairs. Where there is only
one row of seating, the five foot clear path will remain adequate. However, when there are two
opposite rows of seating, there has been a tendency for some of the restaurant patrons to move
their chairs out, or lean back occasionally, reducing the passageway to less than five feet.
Therefore, the six (6) foot width is appropriate where there are two rows of seating.
The Planning Board at its May 29, 2001 meeting conducted a public hearing on the proposed
amendment to the LDC provisions regulating outdoor seating /dining for restaurants (Section 20-
3.3(E) and Section 20- 7.29). The Planning Board felt that the provision described above should
be amended to require five (5) feet unobstructed sidewalk passage, and that only one row of
seating as4ainst the building would be allowed. Specifically_ Board members exnrecced cnnr•ern
with outdoor restaurants that had seating on both sides of the pedestrian' walkwa- It was seen as
creating too much of a private atmosphere for diners only, and as unfriendly towards pedestrians
walking through.
Planning Department staff recommended against such a limitation, because of concern that the
limitation of outdoor seating to only one side is not appropriate. Certain areas will have sufficient
space to accommodate seating on both sides of the sidewalk, and restaurants with this type of
seating have been very successful.
In addition to the above, the Board expressed concern that other regulations governing outdoor
seating needed to be amended. The Board felt that there should be a limit on the number of
outdoor dining seats, a minimum height of table umbrellas, and a limitation on the provision
allowing outdoor seating to extend to the properties on both sides of the restaurant. The Board
also felt that the written consent required of adjacent property should include an insurance
requirement and a hold harmless clause. These additional proposals are generally supported by
Planning Department staff.
PLANNING BOARD RECOMMENDATION
At the May 29, 2001 Planning Board meeting a motion was made to approve the following
proposed amendments to Section 20- 3.3(E) and Section 20 -7.29, pertaining to outdoor
seating /dining for restaurants:
LDC Amendment - Outdoor seating
June 12, 2001
Page 3
• that seating be on one side of the sidewalk ONLY, abutting the building, with a minimum of
five (5) feet of sidewalk unobstructed for pedestrian passage;
• maximum number of outdoor seats shall not exceed 80% of indoor seating;
• table umbrellas should have a minimum clearance height of seven (7) feet above the
sidewalk.
• the extension of outdoor seating shall be limited to the frontage of only one adjacent
storefront;
• the written consent provided by property owners in front of whose properties outdoor seating
/ dining service occurs shall include an insurance policy naming the City as co- insured and a
hold harmless clause in favor of the City.
The motion was made by Mr. Comendeiro and seconded by Mr. Morton. The motion was
adopted by a vote of 5 ayes ( Mr. Liddy), Mr. Illas, Ms. Chimelis, Ms. Gibson, Mr. Comendeiro)
and 2 nays (Mr. Mann, Mr. Morton)
ATTACHED DRAFT ORDINANCE
Attached is a draft ordinance which contains the appropriate new wording for the proposed
amendments listed above, for both sections of the Land Development Code dealing with outdoor
seating /dining. The ordinance amendments are can be seen in subsections (8), (10), (11), and
(15) on pp. 2, 3 and in subsections (H), (J), (K), and (0) on pp. 4,5.
It is important to note that the draft ordinance contains ALTERNATE A and B wording for
subsection amendment (8) on p.2 and subsection (H) on p.4. Alternate A is the recommendation
of the Planning Board, and Alternate B is the recommendation of Planning Department staff.
RECOMMENDATION
The Administration is supportive of amendments in subsections (10), (11), and (15) on pp.2,3
and subsections (J), (K), and (0) on pp.4,5 as recommended by the Planning Board. These
amendments will provide additional limitations and safeguards without affecting the purpose or
implementation of the outdoor seating regulations.
It is, however, recommended that the ALTERNATE B wording for subsection (8) on p. 2 and
subsection (H) on p. 4, allowing for two rows of seats with 5 feet (if single row) and 6 feet (if
two rows) of unobstructed pedestrian passage be included in the adopted ordinance. The absolute
limitation of outdoor seating to one row of seats as recommended by the Planning Board is not
necessary, and could artificially limit outdoor seating in certain locations. The concept of
outdoor seating is a vital ingredient to the ambiance and success of the City's downtown
streetscape.
It is recommended that proposed draft ordinance, with the ALTERNATE B wording as
delineated above, be approved on first reading.
LDC Amendment Outdoor seating
June 12, 2001
Page 4
Attachments:
Proposed Ordinance
Planning Board Minutes 5 -29 -01
Public Notices
CS /RGL SAY
D: \Comm Items\2001 \6- 12- 01 \StaffReport- Outdoor seating.doc
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5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
7 AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED
8 "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES,
9 EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE
10 ZONING DISTRICT." AND SECTION 20 -7.29 ENTITLED "OUTDOOR
11 SEATING/DINING USES AND AREAS" IN ORDER TO AMEND THE
12 REQUIREMENTS AND STANDARDS APPLICABLE TO OUTDOOR
13 SEATING FOR RESTAURANTS; PROVIDING FOR SEVERABILITY;
14 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
15 EFFECTIVE DATE.
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17 WHEREAS, the Planning and Zoning Department has initiated a program to update, clarify,
18 and improve the provisions of the City's Land Development Code and to update provisions of
19 the City's Land Development Code; and
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21 WHEREAS the Planning Board has expressed concern that the current standards governing
22 outdoor seating/dining areas for restaurants, contained in Land Development Code Section 20-
23 3.3(E), and Section 20 -7.29 both require additional requirements in order to limit the number
24 and location. of seating, require a specific width of unobstructed pedestrian passage; protect
25 pedestrians, and to provide a hold harmless clause; and
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27 WHEREAS, the Planning and Zoning Department has reviewed the subject regulations and
28 has prepared an ordinance amending LDC Section 20- 3.3(E) and LDC Section 20- 7.29in order to
29 provide, the additional requirements and standards; and
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31 WHEREAS, at its May 29, 2001 meeting, after public hearing regarding the proposed
32 amendments to Sections 20- 3.3(E) and 20 -7.29 of the Land Development Code, the Planning
33 Board voted 5 -2 to recommend approval of the proposed amendments to the City Commission;
34 and
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36 WHEREAS, the City Commission desires to accept the recommendations of the Planning
37 Board and enact the aforesaid amendments.
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39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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42 Section 1. That Section 20- 3.3(E) of the South Miami Land Development Code is
43 hereby amended to read as follows:
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45 Section 20 -3.3 Permitted Use Schedule
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47 (E) Outdoor Seating/Dining for All Commercial Properties, except for Properties in the RO
48 Residential Office Zoning District.
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50 (1) An application must be filed, which shall include layout of all tables, chairs, benches, and other
51 furniture; pedestrian ingress and egress; location of refuse containers; and other elements
52 necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be
53 titled, indicate orientation, and be at an acceptable scale).
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(2)
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(2)
Outdoor seating /dining areas and uses of the public right -of -way and/or any private property may
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be approved, denied, or approved with conditions, modifications, safeguards, or stipulations
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appropriately and reasonably related to the intent, purposes, standards, and requirements of the
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related regulations by the City Manager. Such permit shall not be transferable in any manner and
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is strictly a conditional use permit, issued for a period of one year, renewable annually via
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payment of the annual occupational license fee for such outdoor seating /dining uses.
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(3)
The fee for outdoor dining /seating use and area will be waived for the first year of operation, and
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shall be charged annually in the amount of two hundred fifty dollars ($250.00); the permit fee
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shall be added to the occupational license fee for the main business.
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(4)
The applicant shall provide an indemnity agreement that is acceptable to the city manager. This
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agreement will include specification of liability insurance provided.
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(5)
The conditional use permitting of outdoor seating /dining use and area may be revoked by the city
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manager upon finding that one or more conditions of these regulations have been violated, or that
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the outdoor seating /dining area and use are being operated in a manner that constitutes a public
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nuisance, or in any way that constitutes a reasonable risk of potential liability to the city.
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(6)
Outdoor seating /dining use and area may be temporarily suspended by the city manager for public
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use /purpose, utility, sidewalk or road repairs, emergency situations, or violations of provisions
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contained herein. The length of suspension shall be determined by the city manager as necessary.
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Removal of all street furniture and related obstructions shall be the responsibility of the
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owner /operator of the outdoor seating /dining.
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(7)
Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be kept free
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from refuse and debris.
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(8)
ALTERNATE A
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Outdoor seating /dining use and area shall not interfere with the free and unobstructed pedestrian or
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vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating
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areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any
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other commercial establishments. The width an location of the sidewalk pedestrian passage shall
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be is to h° ap -tumi ed by the Gity's „ lan i ^^ division limited to the sidewalk area abutting the
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building and a minimum of five (5) feet of sidewalk must remain clear and unobstructed for
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pedestrian passage
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(8)
ALTERNATE B
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Outdoor seating /dining use and area shall not interfere with the free and unobstructed pedestrian or
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vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating
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areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any
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other commercial establishments. The width and location of the sidewalk pedestrian passage shall
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be as follows: is tc he dete f-n-i .ed by the city's piaffning a'
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a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must
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remain clear and unobstructed for pedestrian passage;
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b) If there is seating on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between
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the two seating areas must remain clear and unobstructed for pedestrian passage."
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(9)
Outdoor seating /dining area on the public rights -of -way shall be open and un- enclosed. No
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building structures of any kind shall be allowed in and over any portion of the outdoor
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seating /dining area located on public property.
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5 (10) Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area on the
6 public rights -of -way shall not be anchored or restrained in any manner. Individual table umbrellas,
7 planters, or other such non - stationary elements may be permitted within the outdoor seating /dining
8 area and where applicable, shall have a minimum clearance height of seven (7) feet above the
9 sidewalk.
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11 (11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the length of the
12 sidewalk or public right -of -way immediately fronting the cafe or other establishment. The
13 utilization of space extending on-eidwr one adjacent side beyond the subject property frontage
14 may be authorized subject to annual written consent provided by the property owners in front of
15 whose properties the outdoor seating /dining service would occur. The annual written consent form
16 shall be provided to the City and shall include an insurance policy naming the City as co- insured
17 and a hold harmless clause in favor of the City.
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19 (12) Outdoor seating /dining area shall be at the same elevation as the adjoining sidewalk or public
20 right -of -way.
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22 (13) Carts and trays for serving food are permitted in the outdoor seating /dining area.
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24 (14) Outdoor seating /dining use and area shall not be provided with amplified sound of any kind.
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26 (15) The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating
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30 Section 2 That Section 20 -7.29 of the South Miami Land Development Code is hereby
31 amended to read as follows:
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33 Hometown District Overlay Zone
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35 Section 20 -7.29 Outdoor seating /dining uses and areas.
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37 (A) An application maybe accepted for any proposed siting of outdoor seating /dining uses and areas for any
38 property within the Hometown District, including, but not limited to, those areas which are designated as
39 pre- approved on the Regulating Plan. An application must be filed, which shall include the layout of all
40 tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and
41 other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must
42 be titled, indicate orientation, and be at an acceptable scale).
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44 (B) Outdoor seating /dining areas and uses of the public right -of -way and /or any private property may be
45 approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and
46 reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City
47 Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit,
48 issued for a period of one year, renewable annually via payment of the annual occupational license fee for
49 the outdoor seating /dining use.
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51 (C) The fee for outdoor dining /seating uses and areas will be waived for the first year of operation of the
52 subject property, and shall be charged annually in the amount of $250; the permit fee shall be added to the
53 occupational license fee for the main business.
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55 (D) The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This
56 agreement will include specification of liability insurance provided.
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(4)
(E) The conditional use permitting of outdoor seating /dining uses and areas may be revoked by the City
Manager upon finding that one or more conditions of these regulations have been violated, or that the
outdoor seating/dining area and use are being operated in a manner which constitutes a public nuisance, or
in any way constitutes a reasonable risk of potential liability to the City.
(F) Outdoor seating /dining uses and areas may be temporarily suspended by the City Manager for public
use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained
herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all
street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor
seating /dining.
(G) Outdoor seating /dining areas shall be kept in a neat and orderly appearance and shall be kept free from
refuse and debris.
(H) ALTERNATE A
Outdoor seating /dining uses and areas shall not interfere with the free and unobstructed pedestrian or
vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas
and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial
establishments. The wide location of the sidewalk pedestrian passage shall be is to be Bete ,li -ned b5
Building, the limited to the sidewalk area abutting the
building and a minimum of five (5) feet of sidewalk must remain clear and unobstructed for pedestrian
(H) ALTERNATE B
Outdoor seating /dining uses and areas shall not interfere with the free and unobstructed pedestrian or
vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas
and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial
establishments. The width and location of the sidewalk pedestrian passage shall be as follows: is to be
Department. deAermined by the Building, Zoning and Com ity Development
(a) If there is seating on one side of the sidewalk, a minimum of five (5) feet of sidewalk must remain
clear and unobstructed for pedestrian passage;
b) If there is seatina on two sides of the sidewalk, a minimum of six (6) feet of sidewalk between the
two seating areas must remain clear and unobstructed for pedestrian passage."
(I) Outdoor seating /dining areas shall be open and unenclosed. No building structures of any kind shall be
allowed in and over any portion of the outdoor seating /dining area located on public property, except as
allowed by Sections 20 -7.7 through 20 -7.11.
(J) Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area shall not be
anchored or restrained in any manner. Individual table umbrellas, planters or other such non- stationary
elements may be permitted within the outdoor seating /dining area. and where applicable, shall have a
minimum clearance height of seven (7) feet above the sidewalk.
(K) Outdoor seating /dining uses and areas shall be restricted to the length of the sidewalk or public right -of-
way immediately fronting the cafe and/or restaurant establishment. The utilization of space extending on
eMe one adjacent side beyond the subject property frontage may be authorized subject to annual written
consent provided by the property owners in front of whose properties the outdoor seating /dining service
would occur. The annual written consent form shall be provided to the Citv and shall include an insurance
policy naming the City as co- insured and a hold harmless clause in favor of the City.
(L) Outdoor seating/dining areas shall be at the same elevation as the adjoining sidewalk or public right -of-
way.
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(5)
(M) Carts and trays for serving food are permitted in the outdoor seating /dining area.
(N) Outdoor seating /dining uses and area shall not be provided with amplified sound of any kind.
(0) The maximum number of outdoor seats shall not exceed 80% of the number of indoor seating
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 5 This ordinance shall take effect immediately after adoption hereof..
PASSED AND ADOPTED this
ATTEST:.
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina :
Vice Mayor Feliu:
Commissioner Russell
Commissioner Bethel:
Commissioner Wiscombe:
NOTE: New wording underlined; wording to be removed indicated by strike - through.
D: \Comm Items\2001 \6- 12- 01\LDC AMEND. Ord. Outdoor seating A.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 29, 2001
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 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton performed roll call.
DRAFT
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Mr. Illas, Mr.
Morton, Ms. Chimelis, Mr. Juan Comendeiro, Ms. Gibson.
City staff present: Subrata Basu (ACM), Richard G. Lorber (Planning Director), Sandy
Youkilis, (Planning Consultant), Luis Figueredo, (City Attorney), and Maria M.
Menendez (Board Secretary).
III. Special Notice
Before opening the public hearing, Mr. Morton announced that the applicant of
Shoal Creek Properties L.L.C., for a proposed rental apartment building at the
northeast corner of SW 70th Street and SW 61s' Avenue, had requested a deferral of
the item until a revised application could be submitted. Staff announced that this
item is being tentatively scheduled for the Planning Board meeting of July 10th,
2001. Proper publication of such notice will take place prior to the meeting date.
IV. Public Hearing
(A) PB -01 -004
Applicant: AT &T Wireless Services
Request: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO A REQUEST PURSUANT TO
SECTION 20 -10.6 OF THE LAND DEVELOPMENT CODE FOR SPECIAL
USE APPROVAL TO CONSTRUCT A STEALTH CELLULAR
Planning Board Meeting
May 29, 2001
COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY
LOCATED AT 4300 S.W. 58TH AVE., WITHIN THE "PI ". PUBLIC /
INSTITUTIONAL ZONING DISTRICT,
Action: Ms. Chimelis read the request into the record and staff presented the
request, giving an overview of the proposal, indicating that the present request is a revision
of the original proposal. The applicant's original submission showed the height of the
flagpole -tower to be 87 feet. At that time, staff expressed the concern that the height of the
antenna was excessive and could not be screened from view by existing trees. In addition,
staff was also concerned about the electrical equipment building with a barbed wire topped
screen fence located within a few feet of recreational facilities for children. Therefore, due
to the above concerns, staff had recommended denial of the request.
The revised plans submitted by the applicant show a reduction in the height of the pole to
75 feet, also showing removal of the barbed wire from the screen fencing around the
electrical equipment building. In addition, the applicant has carried out a line -of -sight
study from several locations in the surrounding residential neighborhoods. The results
indicate that the flagpole will not be visible from most of these locations. The applicant is
also proposing to plant heavy vegetation with 60 -80 feet high trees between the flagpole
and the residences which will contribute to significantly screen the tower.
Representatives: Aldo Bustamante, Charlie Adams and Larry Lotterman
( Lotterman Development Corporation)
Felix Bravo, (AT &T Wireless)
The Board, staff and representatives discussed the proposal. The particular design of the
tower was discussed. In addition, the Board inquired whether the applicant had pursued
other locations prior to selecting the YMCA site. The Board also raised the health issue.
The City Attorney informed the Board that the Telecommunications Act of 1996
specifically precludes municipalities and local governments from considering any
environmental health issues, therefore, that could not be considered evidence that can be
weighed in the determination of granting or denying the application.
At 8:30 PM Mr. Morton called for a five- minute recess to allow those present to examine
the graphics and photographs brought by the applicant with respect to the proposed
telecommunication tower. The meeting was reconvened at 8:35 PM.
Speakers: (residents against proposal):
Ana M. Rabel, 5876 SW 42"d Terrace
Martha Cruz, 5801 SW 42nd Terrace
Manuel Lopez, 5990 SW 44th Terrace
Speaker: (for YMCA)
Mark Thompson
Residents' concerns included but were not limited to: possible negative impact on property
values; hurricane - related damage; flagpole becoming an eyesore; trees not tall enough to
2
Planning Board Meeting
May 29, 2001
conceal the tower; health threat on the long run; electrical facility installed too close to
YMCA children's playground.
The Board requested from the staff that for future applications of this nature, a site plan of
the general area showing existing tower locations be included in the package, together
with any possible sites where these telecommunication towers may be installed and the
reasons why the requests were rejected.
First Motion: Mr. Comendeiro moved approval of the request, Ms. Gibson seconded the
motion. Mr. Mann wanted to add to the motion the clarification that although the residents
in the area are opposed to the proposed project, it is important to indicate that AT &T,
within the framework of the regulations, has apparently made efforts to work with the
community.
Action: Mr. Comendeiro moved to withdraw his motion to approve.
Second Motion: Mr. Morton moved approval of the request as presented, and shown on
the revised plans dated 5- 22 -01. Mr. Illas seconded the motion.
Vote: Approved 4 (Mann, Illas, Morton, Gibson)
Opposed 3 (Liddy, Chimelis, Comendeiro)
The Board was informed that the City Commission will consider this request at its next
meeting, June 12, 2001
Ms. Chimelis requested that a member of the Board attend the City Commission meeting
of June 12, 2001.
(B) PB -01 -009
Applicant: Michael Lopez
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" AND
SECTION 20 -7.12 ENTITLED "HOMETOWN DISTRICT OVERLAY ZONE-
PERMITTED USES" IN ORDER TO ALLOW A TANNING STUDIO AS A
PERMITTED USE IN THE "SR(HD -OV) ", SPECIALTY RETAIL
(HOMETOWN DISTRICT- OVERLAY ZONE) USE DISTRICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the request into the record. Staff recommended approval
of the request to amend the Land Development Code's Permitted Use Schedule and the
Hometown District to allow tanning studios as a permitted use in the SR and Hometown
zoning districts.
Applicant: Michael Lopez
Planning Board Meeting
May 29, 2001
The Board, staff and representative briefly discussed the request. There were no speakers
at the public hearing.
Motion: Mr. Illas moved for approval and Mr. Mann seconded the motion.
Vote: Approved 7 Opposed 0
(C) PB -01 -007
Applicant: Mayor and City Commission
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO
AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED
"OUTDOOR SEATING/DINING FOR ALL COMMERCIAL
PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL
OFFICE ZONING DISTRICT." IN ORDER TO AMEND THE
STANDARDS THEREIN TO INCLUDE A SPECIFIC WIDTH OF
UNOBSTRUCTED PEDESTRIAN SIDEWALK PASSAGE WHICH
MUST BE MAINTAINED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.'
Action: Mr. Mann read the request into the record and staff presented the proposed
amendments.
Speaker: Mauricio Farinelli, restaurant owner.
The Board and staff discussed the request which centered on providing additional
requirements to LDC regulations governing Outdoor Seating.
The staff report contained two alternative ordinances which provided for unobstructed
sidewalk passage area. The Planning Board alternative (B) the five (5) feet unobstructed
passage allowing only one row of seating against the building. The Planning Department
was recommending alternative (A) amending the current regulations to require five (5) feet
of unobstructed passage for a single row of seating and six (6) feet of sidewalk between
two (2) rows of seating. During discussion, Board members expressed concern that other
regulations governing outdoor seating needed to be more specific, and several amendments
were proposed.
Staff pointed out that all of the amendments will be made to both sections of LDC which
contained regulations on outdoor seating / dinning, those being Section 20- 3.3(E) and
Section 20 -7.29.
Motion: Mr. Comendeiro moved to approve the following amendments to Section 20-
3.3(E) and Section 20 -7.29, pertaining to outdoor seating / dinning: (1) that seating be on
one side of the sidewalk abutting the building, with a minimum of five (5) feet of sidewalk
unobstructed for pedestrian passage; (2) maximum number of outdoor seats shall not
4
Planning Board Meeting
May 29, 2001
exceed 80% of indoor seating; (3) table umbrellas should have a minimum clearance
height of seven (7) feet above the sidewalk; (4) the extension of outdoor seating shall be
limited to the frontage of only one adjacent storefront; (5) the written consent provided by
property owners in front of whose properties outdoor seating / dining service occurs shall
include an insurance policy naming the City as co- insured and a hold harmless clause in
favor of the City. Mr. Morton seconded the motion.
Vote: Approved 5 (Liddy), Illas, Chimelis, Gibson, Comendeiro)
Opposed 2 (Mann, Morton)
V. Approval of Minutes
Action:
A. The Board duly voted on and approved the minutes of April 24, 2001.
Vote: Approved 7 Opposed 0
VI. Discussion Items
The Board and staff discussed the following but was not limited to: (1) the importance of a
member attending the next City Commission meeting in order to convey the views of the
Board to the Commission on the requests presented at this meeting. (2) staff also stressed
the importance of having quorum for the next Planning Board meeting scheduled for July
10, 2001 which is the only meeting taking place in July. Ms. Chimelis and Mr. Mann
informed that they will not be able to attend. Mr. Illas was uncertain whether he could
attend. (3) they discussed the possibility of amending the code in the future in order to
change the number of members from five to four to constitute a quorum. Also, they
discussed the possibility of providing for a special meeting. (4) Mr. Mann made reference
to some neighbors who have approached him with the complaint that they are being cited
for garbage protruding into the street; they claim the garbage is not theirs and it is just
being dumped in front of their property. Also, Mr. Mann referred to a new residence
which it has recently been finished and which resembles a "football stadium" when is lit up
at night and wanted to know of any code restrictions on external lighting. Staff clarified
that the above complaints should be directed to the Public Works and /or the Code
Enforcement Departments for proper handling.
VII. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 10:37 PM.
K:\PB \PB Minutes\2001 Minutes\MINS 05- 29- 01.doc
5
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_ The Herald FRIDAY, JUNE 1,2001 F
® CITY OF SOUTH MIAMI;
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City
Commission of the City of South Miami,
Florida will conduct Public Hearings during its
regular City Commission meeting Tuesday,
June 12, 2001 beginning at 7:30 p.m., in the
City Commission Chambers, 6130 Sunset
Drive, to consider 1st 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" AND SECTION 20 -7.12 ENTITLED
"HOMETOWN DISTRICT OVERLAY ZONE -
PERMITTED USES" IN ORDER TO ALLOW A
TANNING STUDIO AS A PERMITTED USE IN THE
"SR(HD -OV) ", SPECIALTY RETAIL (HOMETOWN
DISTRICT-OVERLAY ZONE) USE DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND
" PROVIDING AN EFFECTIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO .A REQUEST TO AMEND
LAND DEVELOPMENT CODE SECTION 20- 3.3(E)
ENTITLED "OUTDOOR SEATMG /DINING FOR
ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE
ZONING DISTRICT" AND SECTION 20 -7.29
ENTITLED "OUTDOOR SEATING /DINING USES
AND AREAS" IN ORDER TO AMEND THE
REQUIREMENTS AND STANDARDS APPLICABLE
TO OUTDOOR SEATING FOR RESTAURANTS;
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.
Inquiri6s 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 the appeal is to be based.
IN
to