03-21-00.........................
MAYOR:
Julio Robaina
CITY MANAGER: Charles Scurr
VICE MAYOR:
Horace G. Feliu
CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Randy G. Wiscombe
CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: March 21, 2000 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: April 11, 2000 Phone: (305) 663 -6340
Time: 7:30 PM
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 IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
City of South Miami Ordinance No. 6 -66 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentations)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
March 7, 2000 - Regular City Commission Minutes
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
REGULAR CITY COMMISSION 1
AGENDA - March 21, 2000
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING
BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A
TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
(Mayor Robaina) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMISSION
FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE FOR A TWO
YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS
DULY APPOINTED AND QUALIFIED
(Mayor Robaina) 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS
ADVISORY BOARD; APPOINTING JOANN MYERS TO SERVE FOR A
TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED
(Mayor Robaina) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, URGING THE LEGISLATURE OF
THE STATE OF FLORIDA TO CLARIFY AND /OR AMEND STATE LAW
TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS'INSURE - COMPLIANCE
WITH FIRE AND SAFETY CODES AND THAT COUNTY, MUNICIPAL
AND OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT
AUTHORITY TO REQUIRE COMPLIANCE WITH APPLICABLE CODES
AT ALL PUBLIC SCHOOL FACILITIES IN THE STATE OF
FLORIDA; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS,
REGARDING WATERWAY MAINTENANCE, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH LAKE DOCTORS,
INC. TO A COST NOT TO EXCEED $5,472.00, AND CHARGING
THE DISBURSEMENT TO "STORMWATER TRUST FUND -
CONTRACTUAL SERVICES" ACCOUNT NO. 111 - 1730 - 541 -3450,
FISCAL YEAR 1999/2000.
3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $26,000.00 TO
LAW ENFORCEMENT- SUPPLY COMPANY, INC. FOR THE PURCHASE
AND INSTALLATION OF EMERGENCY EQUIPMENT AND CHARGE THE
FUNDS TO ACCOUNT NUMBER 1910- .521 -6430, (OPERATING
EQUIPMENT)
3/5
REGULAR CITY COMMISSION 2
AGENDA - March 21, 2000
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
The -re are none
RESOLUTION (S) PUBLIC HEARING
There are none
RESOLUTION (S)
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SELECTION OF
CONSULTANTS; PROVIDING FOR VIDEO TAPING PRESENTATIONS
ON RFP'S AND RFQ'S; PROVIDING AN EFFECTIVE DATE.
(Commissioner Wiscombe) 3/5
ORDINANCE (S) FIRST READING
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION
OF SECTION 15 -1, AIRCRAFT- MINIMUM ALTITUDE; SECTION 15-
2, SAME- STUNT OR ACROBATIC FLYING, AND SECTION 15 -3,
SAME - TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF THE
CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
3/5
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING
SECTIONS 15 -67 TRAINS OBSTRUCTING STREETS; MAXIMUM TIME
ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
3/5
13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED
USES; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
ENTITLED, "PERMITTED USE SCHEDULE" TO REMOVE GASOLINE
SERVICE STATIONS AS A SPECIAL USE IN THE "NR ",
NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE
DATE.
3/5
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA TO NONCONFORMING USES;
AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND
REGULAR CITY COMMISSION 3
AGENDA - March 21, 2000
DEVELOPMENT -CODE, BY REVISING SUBPARAGRAPH (A) (6) OF
SECTION 20 -4.8 ENTITLED, "NONCONFORMING USES AND
STRUCTURES" IN ORDER TO REMOVE THE SIX (6) MONTH PERIOD
DURING WHICH A NONCONFORMING USE MAY REMAIN VACANT
WITHOUT LOSING ITS NONCONFORMING STATUS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
3/5
15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS;
AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS;
REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF
SOUTH MIAMI CODE; REQUIRING REGISTRATION AND
DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 8A-
6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER,"
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE.
3/5
(Mayor Robaina)
SPEAKERS PLEASE TAKE NOTICE THAT SECTION -2 -2.1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL - IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION,".
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 4
AGENDA - March 21, 2000
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/17/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 3121/00
City Manager Planning Board
Appointment
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING
BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A
TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING
AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina re- appoints Patricia
Chimelis to the Planning Board.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING
BOARD; RE- APPOINTING PATRICIA CHIMELIS TO SERVE FOR A
TWO YEAR TERM ENDING MARCH 21, 2002 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, the city Commission desires to re- appoint Patricia
Chimelis to serve for a two year term ending March 21, 2002 on
the Planning Board.
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
Patricia Chimelis to the Planning Board.
Section 2. The expiration date of this re- appointment
shall expire March 21, 2002 or until a successor is duly
appointed and qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of
APPROVED:
MAYOR
, 2000.
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
v
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICA TION
6130 Sunset Drive
South Miami, FL 331 3
1. Name: `llC'l tiitJ il�fy/��lS
(Please prig
2. Home Address:
3. Business Address:
4. Home Phone No.
5. Education Background:
6. Community Service: ,pp
Phone No. 305- 663 -6340
Fax No. 305- 663 -6348
ec,-_ . 11-)
Business Phone No.
S. Are you a registered voter? Yes
9. Are you a resident of the City? Yes
10. Do you have a business in the City? Yes
11. Ethnic Origin? /African Anglo American American _ Hispanic American Other
Signature �� i Date
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 112000 � l
No
No
No
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/17/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 3/21/00
City Manager Commission For Women
Appointment
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMISSION
FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE FOR A TWO
YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A SUCCESSOR IS
DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina appoints Joyce Price to
the Community Relations Board.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMMISSION FOR WOMEN; APPOINTING JOYCE PRICE TO SERVE
FOR AN UNEXPIRED TERM ENDING MARCH 21, 2002 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;
WHEREAS, the city Commission desires to appoint Joyce Price
to serve for an unexpired term on the Commission For Women. This
appointment shall expire March 21, 2002 or until a successor is
duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Joyce
Price to the Commission For Women.
Section 2. The expiration date of this appointment shall
expire March 21, 2002 or until a successor is duly appointed and
qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
I`iA's 7
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu
Commissioner Russell
Commissioner Bethel:
Commissioner Wiscombe
AIM&
CITY O-PSOUTUMMAll 80.4RDICOMAJITTE1, A PPLICATIOiNr
6130 Sunset Drive
Phone ,No. 305-663-630
South Miami, FL 33143
Far No. 305-663-4 )JiM
ID,
P, a-
46
1. Marcie: I �, 4— -
C ,
0 1
- -�
Z. Home Addresi:
(P segrint
-3 314-Y
7000
-5:LJ
F T
0'+
Home Phone No. 41)
Business Phone No.
R
K.
9.
Education Background:
Cominunity Service;
Are you it registered voter? Yes No .—
Are you a resident of the City? VC3 ^ No
Do you have a business ir► the City? Yes N0
Ethnic Origin'
Anglo American T^ African American Hispanic Attie Other
THIS APPLICATIOS WILL R-PNTAIN ON, F11,V FOR OS YEAR
Relil'id 1,1000
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/17/00
AGENDA ITEM #
FROM: Charles D. Scurr
fa*e Comm. Mtg. 3/21/00
City Manager Grants Advisory
Appointment
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GRANTS
ADVISORY BOARD; APPOINTING JOANN MYERS TO SERVE FOR A
TWO YEAR TERM ENDING MARCH 21, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING
AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina appoints Joann Myers to
the Grants Advisory Board.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA,
ADVISORY BOARD; APPOINTING JOA
TWO TERM ENDING MARCH 21, 2002
DULY APPOINTED AND QUALIFIED;
DATE.
CITY COMMISSION OF THE
RELATING TO THE GRANTS
RN MYERS TO SERVE FOR A
OR UNTIL A SUCCESSOR IS
PROVIDING AN EFFECTIVE
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 Joann Myers
to serve for a two year term on the Grant Advisory Board. This
appointment shall expire March 21, 2002 or until a successor is
duly appointed and qualified.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Joann
Myers to the Grant Advisory Board.
Section 2. The expiration date of this appointment shall
expire March 21, 2002 or until a successor is duly appointed and
qualified.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of 2000.
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:
02/15/00 16:13 FAX 3053754659 Z02
Feb -14 -00 02:40P P.02
r
IN
CITY OF SOUTH MIAMI BOARD /COMMITTEE APPL. F47A TION
6130 Sunset Drive Phone N 7. 305 -663 -6310
South Miami, FL 33I43 Fax No. .105- 663 -6348
1. Name: � QQ„n n "e.IS _
TPlease p int
2. Home Address: i EP..eACE _
3. Business Address: i 1 N • UJ• s� S t e667 , 9Ck i 1C o1.41 l5
4. Home Phone No. �b l%(5-lq %off b Business Phone Nolajr
5. ducatio Beef d: y 1
.- 4 a r(A t�c}enr tr4n� ADF
io X rnu u r► r n jz'rns�.
6. C nity Service:
8. Are you a registered voter? Yes No
9. Are you a resident of the City? Yes No
10. Do you have a business in the City'. Yes No
11. Ethnic Origin?
Anglo American African American L Hispanic American_ Cother
Signa
tare Date �2- ! Q 6
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 1/2MV
9
4_
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/17/00
AGENDA ITEM #
FROM: Charles D. Scurr mow Comm. Mtg. 3/21100
City Manager Pubic School Systems
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, URGING THE LEGISLATURE OF
THE STATE OF FLORIDA TO CLARIFY AND /OR AMEND STATE LAW
TO REQUIRE THAT PUBLIC SCHOOL SYSTEMS INSURE
COMPLIANCE WITH FIRE AND SAFETY CODES AND THAT
COUNTY, MUNICIPAL AND OTHER LOCAL AGENCIES SHALL HAVE
ENFORCEMENT AUTHORITY TO REQUIRE COMPLIANCE WITH
APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES IN THE
STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Mayor Robaina joins with the City of
Surfside in urging the State Legislature to clarify and /or amend state law to
require that public school systems insure compliance with fire and safety codes
and that county, municipal and other Focal agencies shall have enforcement
authority such as to require local agencies shall have enforcement authority
such as to require compliance with applicable codes in all public school
facilities and authority to order the closure of those which fail to comply after
inspection and notice.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE
5 LEGISLATURE OF THE STATE OF FLORIDA TO CLARIFY
6 AND /OR AMEND STATE LAW TO REQUIRE THAT PUBLIC
7 SCHOOL SYSTEMS INSURE COMPLIANCE WITH FIRE AND
8 SAFETY CODES AND THAT COUNTY, MUNICIPAL AND
9 OTHER LOCAL AGENCIES SHALL HAVE ENFORCEMENT
10 AUTHORITY TO REQUIRE COMPLIANCE WITH
11 APPLICABLE CODES AT ALL PUBLIC SCHOOL FACILITIES
12 IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the Miami -Dade County Public School system has deemed
16 itself immune from the code enforcement authority of county and municipal
17 building, fire and other agencies; and
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19 WHEREAS, the Miami -Dade County Public School system has blatantly
20 failed to insure compliance with even minimal safety codes and standards in many
21 public schools throughout the County; and
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23 WHEREAS, the public record reflects many years of gross neglect
24 pertaining to the condition of public school facilities in Miami -Dade County; and
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26 WHEREAS, records and reports of inspections conducted by public school
27 personnel during the last ten years demonstrate that the school system has ignored
28 the existence of serious safety hazards and code violations within numerous public
29 school facilities for long and completely unreasonable periods of time; and
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31 WHEREAS, conditions have become so hazardous at some public schools,
32 particularly at Miami Beach Senior High School, that local officials have
33 determined continuation of such conditions constitute a significant danger to the
34 students, faculty and staff at these facilities.
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36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
38
39 Section L. That the City of South Miami hereby formally urges the
40 Florida Legislature to clarify and/or amend state law to require that public school
41 systems insure compliance with fire and safety codes and that county, municipal
42 and other local agencies shall have enforcement authority such as to require local
Additions shown by underlining and deletions shown by everstriking.
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agencies shall have enforcement authority such as to require compliance with
applicable codes at all public school facilities and authority to order the closure of
those which fail to comply after inspection and notice.
Section 2. That the City Manager shall send a copy of this resolution to
other municipalities in the State of Florida and to the Governor and State
Legislatures urging that this matter be taken care of immediately.
Section 3. 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
Page 2 of 2
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
03%11/00 SAT 11).57 FAX SURFSIDE l�]t101
TOWN F SURDUILOISIDE
9293 Harding Avenue
urfside, Florida 33154
Ph: 305 - 993 -1015
Ph: 305 -861 -4863
Fax: 305 - 993 -5097
FACSIMILE TRANSMISSION
COVER SHEET
Toy Municipal and County Agencies
Fr„ Alan J. Rubin
Vice Mayor, Town of Surfside
Re: Fire Safety Enforcement Authority; Public School Facilities
[date; March 117 2000
The following draft Resolution is respectfully submitted for your
consideration. The Miami -Cade County Public School system has failed to
comply with even minimal safety cedes of public school facilities in this
county. The school system has knowingly ignored serious hazards year
after year, refusing to correct the hazards repeatedly noted by its own
inspectors.
State law must be amended to convey enforcement authority to local
agencies such as fire departments and building departments. The
structure and operation of school safety compliance procedures must be
amended prier to, and In prevention of, a tragedy ® not in a response after
the fact of such a tragedy.
Please review the inspection findings and photographs on line at
hftp-,Ilwww.town.surfside.fl.us/scho_ols.htmI
Please let me know if your legislative body considers passage Of this
Resolution; thank you.
03, "11 `t�0 SST 10, FAX SUItFSIDE Z002
RESOLUTION NO.
A RESOLUTION OF THE TOWN OF SURFSIDE
URGING THE LEGISLATURE OF THE STATE
OF FLORIDA TO CLARIFY AND/OR AMEND
STATE LAW TO REQUIRE THAT PUBLIC
SCHOOL SYSTEMS INSURE COMPLIANCE
WITH FIRE AND SAFETY LODES AND THAT
COUNTY, MUNICIPAL AND OTHER LOCAL
AGENCIES SHALL RAVE ENFORCEMENT
AUTHORTTY TO REQUIRE COMPLIANCE WITH
APPLICABLE CODES AT ALL PUBLIC
SCHOOL FACILITIES IN THE STATE OF
FLORIDA
WHEREAS, the Miami -Dade County Public school system has deemed
itself immune from the code enforcement authority of county and
municipal building, fire and other agencies; and
WHEREAS, the Miami -Dade County Public School system has
blatantly failed to insure compliance with even minimal safety
codes and standards in many public schools throughout the County;
and
WHEREAS, the public record reflects many years of gross
neglect pertaining to the condition of public school facilities in
Miami-Dade County; and
WHEREAS, records and reports of inspections conducted by
public: school personnel during the last ten years demonstrate that
the school system has ignored the existence of serious safety
hazards and code violations within numerous public school
I.
AT 1058 FAX SURFSIDE
facilities for long and completely unreasonable periods of time;
and
WHEREAS, conditions have become so hazardous at some public
schools, particularly at Miami Beach Senior High School, that local
officials have determined continuation of such conditions
constitutes a significant danger to the students, faculty and staff
at these facilities.
NOW, THEREFORE, THE COMMISSION OF THE TOWN OF SURPSID2 HEREBY
RESOLVES.
ggeo-tj,pn 1. That the above and foregoing recitals are true and
correct
Section 2. That the Town Commission of the Town of Surfside,
Florida hereby formally urges the Florida Legislature to clarify
and/or amend state law to require that public school systems insure
compliance with fire and safety codes and that county, municipal
and other local agencies shall have enforcement authority such as
to require compliance with applicable codes at all public school
facilities and authority to order the closure of those which fail
to comply after inspection and notice.
Section 2. That the Town Manager shall send a copy of this
resolution to other municipalities in the State of Florida and to
the Governor and State Legislature urging that this matter be taken
care of immediately.
2
03;`15/00 WED 09 :44 FAX SURFSIDE 2001
STATE LEGISLATURE ASKED TO CHANGE STATE LAW
TO AUTHORIZE LOCAL AGENCIES TO ENFORCE FIRE
AND SAFETY CODES AT PUBLIC SCHOOL FACILITIES
3 -15 -00
SITRFSIDE: Responding to numerous documented and ;serious life safety hazards at
Miami -Dade County public schools, the Surfside Town Commission met Tuesday night
(March 14, 2000) and voted unanimously to request the Florida Legislature to pass
legislation authorizing local fire departments and building departments to have
enibreement authority to insure compliance with safety codes at public schools.
Linder present law, local agencies may only conduct "courtesy inspections", but they
have no ability to require compliance with fire /s fety codes or to take action in the event
of continued violations. The Miami -Dade County public school system has an atrocious
record of ignoring serious safety code violations,, year after year. Recently when
dangerous conditions were proven to exist at Miami Beach Senior High School and
Feinberg/Fisher Elementary School, school officials first denied the problems then
attempted to cover there up by painting over inoperable fire alarm systems at Beach High
and putting plywood over crumbling structural columns at Feinberg/Fisher,
"The school system's record of persistently ignoring life safety hazards and refusing to
acknowledge the dangers being faced by Students, teachers and staff warrants prompt
action by the Florida Legislature," said Surfside Mayor Paul Novack, who has
spearheaded a movement to bring safety, accountability and productivity to the public
schools. "Vocal agencies have repeatedly attempted to work with school system officials
to gain correction of dangerous conditions and compliance with applicable codes, to no
avail ... the school system is far more interested in PR than it is in truly addressing the
deplorable reality that exists at many schools in Miami -Dade County today."
Tire Chiefs and Fire Marshals from Miami -Dade, the City of M.iacxu, the City of Miami
Beach, and elsewhere have agreed with the need for changing state law, after finding
hundreds of long standing violations at school facilities throughout the county. School
officials have failed or refused to comply with safety codes despite having specific notice
and knowledge of the violations and dangers that presently exist. Other municipalities
will consider resolutions similar to Surfside's initiative within the next few weeks.
Photographs of school facilities, inspection reports conducted by school inspectors and
fire department inspectors, and related documentation is available to demonstrate the
immediate need for a change in the present system which allows public school Systems to
be unaccountable for the failure to rectify safety hazards at school facilities. Hard copier
are available from the Town of Surfsidey many of these items are also on line at
www. town .surfside.fl.us /schools.html For more information, contact Surfside
Mayer Palm Novack at 505 - 993 -1052 or 305 -947 -3000.
Q��•`�.a•` €bts
101: FikX
SURFS IDF
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9293 Harding Aver rue
Surfside, Florida 33154
Ph: 305- 993 -10,5
Ph '1105-861-4861
Fav 30:5-993-5097
03-'11/00 8"AT 10�58 FAX
A RESOLUTION OF THE 'TOWN OF SURF°SIDE
OF FLORIDA TO CLARIFY AND /OR. AMEND
STATE LAW TO REQUIRE THAT PUBL,TC
SCHOOL SYSTEMS INSURE COMPLIANCE
WITH FIRE AND SAFETV CODES AND TREE
COUNTY, MUNICIPAI, AND OTHER LC CK1,
AGENCIES SHALT: HAVE ENNFO RCEPIMT
AUTHORTTY TO REQUIRt COM2LIANCE WITH
APPLICABLE CODES AT ALL PUBLIC
SCHOOL FACILIT19S IN THE STATE OF
FLORIDA.
WHEREAS, the Miami -Dade County Public , -Sr,hQ,u,l system has c1eemed
,t. elf immune from the cope enfox .-cement authority courit.,7
!municipal building, fire grad other agencies,- and
WHE "QAS, the Miami -Dada Ccunt°y Public School system has
blatantly failed to insure compl..ance with even Ti- dinimal safety
codes and standard8 in many pudic schools throughout. the County;
and
WHEREAS, the public record refl;�ct;s many a gross
neglect pertaining to the condition Qf public school facilities in
M-J..ami -Dade County; and
WHEREAS, records and reports of inspecticn� conducted by
public school personnel during the last teat years demonstrate that
the school system has ignored the ex. stet -.ce of serious safety
ha2ards and cods violations within numerous public school
58 FAX a 003 l3fil Of T 10 t
i =car: ;gong ar.7:6 coo- p1etc:-�Jy unrea8onable periods of time;
WHEREAS, condition 'have. kt-�eccrrte wo hazardous at some public
schoois, particularly at Miami Bean' Senior �Iigh School, that local
of f i c --; aIs have determined c'tantinLiatW ion of such cond.l.t" ions
; oI—.IStits-teS a significaIlt danger to the students, facu'ity and staff
L-,ht-_7sc facilities.
NOW, THEREFORE, THE COMMISSION OF HE TOWN OF SURPSIDE HEREBY
. ; That the a,ba°ae and foregoing :recitals are true and
Section 2. That tie 1'cwn Commission of the Town of S rf.side,
Florida hereby formally urges the Florida LegiElat- re to clarify
and /or amend state law to require that public school systems insure
compliance with fire and safety nodes and that cans -ity, m °LniCipa
and ether local ageiacles shall have enforcemt nt. authority such as
to require compliance with applicable codex at all public school
faeil.a -ties and authority t order trr�e closure of thoserr��:tck� fall
to comply after inspection and notice.
.i rt 'That the gown manager shall send a copy of this
resolution to other muziicipalities in the State of Plorida and to
the ,Governor and State Legislature urging that this matter be taken
,wt�- ray itcirrti.c e:l y,
2s
03 15; 0 'WE .FY 9-;-14 FAX SURFSIUE 10 001
STNTE LEGISLATURE ASKED TO CHANGE STATE LAW
.� I.`T.. .I I< LOCAL AGENCIESTo ENFORCE FIRE
AND SAFETY CODES AT PUBLIC SCHOOL FACILITIES
UI USI DF: Resporid ng to numerous documented and serious � safety hazards at
NELIUM -Dade County public schools, the Surfside Town Comer scion met Tuesday ni tt
Warch l . 20001) and voted unafiimously to request the Florida. Legislature to pass
legisi-itionauthorizing loci fire departu tints and building departments ;t hove
enforcement authority to insure conlph e with; safety aides at public schools;.
under present iaix; local alzencies may only conduct "courtesy insDections"`, but the
have no ibility to require compliance; with f irelsw tv codes or to tale action in the event
of contitlued violations. The Adtnii -Dade County public school systems has as atroc °
record of'ignoring serious safety cede violations year after year. Recently when
dangerous conditions were proven to eat at Miami Beach Senior High School and
F inberg;fFi: her Elementary School, school officials first denied the problems tfien
allempted to cover them up by painting over inoperable fire alarm, systerns at Beach high
wid putting :plywood over crumbling structural. crlunins �t Feinberg/Fisher.
"The school systern's record cif persistently ignoring life safety hazards and r4,hBin to
acl�tlowledge the dan ers being faced by students, teachers and std wairaj is prompt
action by the Florida Legislature," said Surf side Mayor Paut Ndvack, NVho has
spearheaded a movement to bring, safety, accauntabi* and productivity to the public
schools "Local agencies have repeatedly attempted to work with school system ordc:ial
to gain c orrectin of dangerous conditions and compliance with applicable codes, to no
avail the sehaoI systern is far snore interested in PR than it is in truly a('Id:er�sing the
deplorable ream that exists at many schools in Mi -Bade County today.'-
Fire Chefs and Fire Marshals f7om 'Miami -Dade, the City of Nllffii i, the City of M r--
Beach, and elsewhere have agreed with the need for changing state lava, after fin- din
hundreds of long stand ig violations at sc-hool facilities throughout the county. School
officiah -, have failed or refused to comppiy with safety codes despite hiving specifics notice
aid I nc ule e of the violations tides ansf'ciang is that presently exist. Other r,�unicipa:lA es
x al. consider resulcttic�ns similar to Sur:Ride's initiative within the next few eel s.
I ioto.paphs of°school facilities,, inspection reports conducted by school inspectors and
fire department inspectors, and related documentation is available to demonstrate the
is n- iedia-te need for a change in the present system which allows public school systems to
be unaccountable for the failure to rectify safety, hazards at school facile .ies. Hard copies
are available from the Woven of urlside; man. of these items are also on lime at
W,grw.town.sarfside.fl.uslschool�.htmI For more ipfbrmation, contact Surlside
fay or Paw ar' %05 -993 -1052 car 305- 947 -3000.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
`i
TO: Mayor and Commission DATE: March 21, 2000
FROM: Charles D. Scurr SUBJECT: Agenda Item #
City Manager Commission Meeting,
March 21, 2000
L417 AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH THE LAKE
DOCTORS, INC., TO PROVIDE
LAKE AND CANAL
MAINTENANCE SERVICES AT A
COST NOT TO EXCEED
$5,472.00, FOR FISCAL YEAR
1999/2000.
REQUEST
The attached resolution seeks approval to allow the City Manager to enter into a contract with
The Lake Doctors, Inc. to provide lake and canal maintenance services.
BACKGROUND
The "health" of waterways is dependent upon regular water treatments, the removal of trash,
embankment weed and floating algae control, fish/wildlife monitoring, and analytical testing.
Otherwise, the lake or canal can quickly become unsightly, and a source for malodors.
Because of this, the City has historically hired a canal maintenance vendor to provide these
services since the County only provides limited canal maintenance (directed toward function
only, not aesthetics). This added level of care is needed to proactively ensure that waterway
quality does not fall below acceptable standards, and to handle special emergency requests such
as removing dead animals from the waterway.
ANALYSIS
The Lake Doctors Inc. provides waterway management services to Miami -Dade County through
Bid No. BW6469 -0/01 (purchase order ID APPR0000570 for $24,000.00). Following an
inspection of Fuchs Park Lake and the City's canal system, this firm provided service price
quotes based upon the fee structures from their Miami -Dade County contract.
/continued ...
Mayor and City Commission
The Lake Doctors Inc.
March 21St, 2000
Page 2 of 2
The total expenditure would not exceed $5,472.00, and the disbursement would come from
account No. 111 - 1730 -541 -3450 "Stormwater User Fee Trust Fund — Contractual Services".
This account currently has a balance of $25,488. 00 for fiscal year 199912000.
RECOMMENDATION
Approval of the attached resolution is recommended in order to ensure the quality of the City's
waterways.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO CONTRACTS,
REGARDING WATERWAY MAINTENANCE,
AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH THE LAKE DOCTORS,
INC. TO A COST NOT TO EXCEED $5,472.00, AND
CHARGING THE DISBURSEMENT TO
"STORMWATER TRUST FUND -- CONTRACTUAL
SERVICES" ACCOUNT NO. 111- 1730 -541 -3450,
FISCAL YEAR 1999/2000.
WHEREAS, it is the goal of the Mayor and City Commission to maintain and improve
the beauty and function of the City's lake and canals, and;
WHEREAS, the services of a waterway maintenance firm is required to test and treat the
waterway to ensure that these ecosystems remain healthy, and;
WHEREAS, The Lake Doctors Inc. provides waterway maintenance services to Miami -
Dade County through Bid No. BW6469 -0/01.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter into a contract with The
Lake Doctors Inc., to provide lake and canal maintenance services based upon the Miami -Dade
County Contract.
Section 2. The contract with The Lake Doctors Inc. is not to exceed $5,472.00 for the
remainder of the fiscal year.
Section 3. This resolution shall become effective immediately after adoption.
PASSED AND ADOPTED this 21St day of March 2000.
ATTEST:
CITY CLERK
CITY ATTORNEY
APPROVED:
Feb 29 00 10:46a Lake Doctors
The Lake Doetolrs, Inc.,
Aquatic Management Services
Mr. David Goodin
City of South Miami
4795 SW 75'x' Ave.
Miami, FL. 33I55
Dear Mr, Goodin:
9545644877
F. 1
Home office
150 State Rd, 419
Winter Springs, FL 32708
(407; 327 -1080
1- 800.666 -LAKE
FAX ,407) 327.7930
Web Address: www.lakedoctors.com
E -Mail: la kedocCla kedoctors.co m
February 25, 2000
I am enclosing the water management proposal for FUCH'S PARK pond and the
canal system in the CITY OF SOUTH MIAMI. This proposal does not match what we
are doing in the Special Tax Districts, but I have used the same hourly and material rates,
The spraying of the canals includes quarterly treatments for emergent and
terrestrial weeds only, The canals have small amounts of hygrophila, which is not
included in the treatment program.
The Fuch's Park pond will be checked each month with floating debris removed.
This will be billed at an hourly rate. Submersed debris will be removed if we can
physically lift it up from shore.
Trash and boating debris removal from the canals will be scheduled quarterly.
This will also be on an hourly rate.
I would expect the following hours for each area:
Fuch's Park- 1 to 1.5 hours /month @ $48,00 /hour= $864.00 annually
Canals- 20 -24 hours /quarterly c@ $48.00 /hour $4608.00 annually
Additional trash and debris removal would be available at the same rate. We will
need a spot to off load the debris after collection.
If you should have any questions please feel free to =11 me at anytime at 1 -800-
683 -5253.
Sincerely,
Robert S. Box
Regional Manager
RSB /tmn
Ft. Lauderdale Sarasota Jacksonville Largo Ft. Myers
(9541565-7488 {941) 377 -0658 (904) 262 -5500 (727) 544 -7644 (941) 768.2277
1-800-683-5253 1- 800444 -5253 1- 800 - 398.5253 1. 800. 444 -5253 1-300- 444 -5 7 S3
Feb 04 00 01:236 Taleahe Nunez
9545644877 p.4
MIAMI -DARE COUNTY, FLORIDA
I -DE
I.,,
M IAM
®�
STEPHEN P CLARK CENTER
GENERAL SERVICES ADMINISTRATION
PROCUREMENT MANAGEMENT DIVISION
111 NW 1 ST STREET
SUITE 2350
February 3, 2000
MIAMI. FLORIDA 33128.1989
(3D5) 375.5289
Mr. Bob Box
LAKE DOCTORS INC. (591 886601)
3434 N E 2nd Avenue
Ft. Lauderdale, Fl. 33334
AWARD LETTER
RE: BID NO.: BW6469 -0/01
Lake Maintenance Aquatic Weed Control
Dear Mr. Box:
This is to advise that your firm have been recommended by The Park & Recreation Department to do
business with Miami -Dade County on the aforementioned Bid Waiver. This Bid Waiver was approved
by Procurement Management on January 31, 2000.
This award recommendation is contingent upon receipt of your Certificate of Insurance. Enclosed is a
copy of the Indemnification and Insurance requirements. The Certificate must be submitted to the
GSA /Procurement Management Division, Attention: Bids and Contracts Section, I I I NW 1 st Street,
Suite 2350, Miami, Florida 33128 -1989, within fifteen (15) calendar days from date of this letter.
We look forward to a fine business relationship with your company. If you should have any questions,
please feel free to contact Alicia Varona at 305- 375 -4369.
MIA DF
Walter o
Contract Com 1 a
WF /AV
Feb 04 00 01:23p Taleaha Nunez 8545644877 F•3
Fab-04-00 09:22A LAKE DOCTORS WS
1 407 327 7930 P-04
MIAMI-DADE COUNTY
PURCHASE ORJEil
--------------------------------------------------------------------- -------
PUR��HASK OBDER 11): AP9' 0000570 PN 114*11 1)ATK: 1, ? / ''7 /19 9 9 PACE ; 02
-------------------------------------------------------------------------------- I
!,>IJMMAKY ACCOUNTING INFORMAT:ON (MIAMI LADE COUNTY USE ONT,li•j
3FX INDEX SUBQBJ USERCOOR PROJ(:T (-WAN"" AMOUNT
-------- ------ ------- ------ ------ ------------_-
ol PK �'K r.T4 9 9 0 15 112 906011 n4, 000.00
--------------
TOTAL ENCUMBRANCE 24 000.00
AUTHORIZED SIGNATWO-;: DATE:
LA,T PlVikl
Feb 04 00 01 :23p
Taleaha Nunez
9545644877
p.2
Feb -04 -00 09:22A
LAKE 0OCTORS WS
1 407 327 7930
P.03
MIAMI D/11)f' ('0tiVt'Y
PURCHASE ORDER --
DELIVER TO' PAGE 01.
275 NW NJAST FILE COPY PURCIIASE IL�e AI'/27/199y0
3 F, I,
MIAMI
VENDOR IL): i')1HfiEifinl
1., /\Kih lJOC:.'POR.-i IN(.,
3434 N.K. )Nl) AVENTTZ
FT.LAUDERDALE !'t, 33334
DILL TO:
DE:L'IV'iR i:±Y: 01/01/2000
FO TYPE: PO EXPR DATF; TFRMS NET 30
t }?0: POST DATE: 17/14/19954 F.C.E. POINT: V03 DESTINA
TTE
__- F`URNISH M1fiMl DACt. COUNTY WITH THE E'.LUW I N(
_ s ----------------------- f
FLCASE 0l,'. LMe) oR SERVI(.: ,sp- -W ---- `
LINE it C- MMMODTTY (.ODE QUANT?TY U/M UN fT CnST TOTAL
nt�nl 9dfi -139 6.00 m(-) 4, {lU(). n0r')0 ---- 4, t) 1p.00
FEED ANU VEGKT ATTON CONTROL SKRVT(". -S
°THI:1 1.`: A 111',,ANKET VC' FC)k I AKE TRCATMENT OF 14 1 AKES AND 1 VONI) 1.Ui'ATED
IN THR, Ki;NDALE LAK..; , SPVC'IAL TAXING LII:;TR 1 C;T PER YOUR W1< I T'1' N PROPOSAL
E2E�j. IJNI: SHIP / Al f-1, ADDR SHIP TO 1, Y ATION
RQrA6000017 000 14 02 CARL,03 MAORA
T111!7, PURCHA. ",K TW71,T_TDE'w, F,F :RVTCES FROM 12/14/99
TS�RCa 5P1-i1(lD
DO(IUMENT TOTAL: � 4, V)0. 00
City of South Miami
Police Department
L !
To: Mayor and Commission
From: Charles Scuff
City Manager
Date: March 10, 2000
Re: Agenda Item #
Comm. Mtg. March 21, 2000
Purchase of Emergency Equipment for New
Police Vehicles.
REQUEST:
The Police Department is requesting to purchase emergency equipment for the ten Ford 2000 Police
vehicles leased in the 1999/2000 budget. This emergency equipment also has to be installed on to the
vehicles and four old vehicles must have the emergency equipment removed. The equipment may be
purchased from and installed by Law Enforcement Supply for an amount not to exceed $
26,000.00.
BACKGROUND AND ANALYSIS:
The emergency equipment for the eight Ford Crown Victoria and two Ford Explorer police vehicles
consist of Federal Signal: Vista lightbars, PA400 sirens, Dinomax 100 W. speakers, FA5 and FA6
flasher kits, littlelights, 3- outlet plugs, Pro Copper consoles and Pro -Gard cages. The installation of
the equipment on the new vehicles and the removal of old equipment from four old vehicles is
included.
This emergency equipment provides for the safe and timely response of our police officers answering
emergency calls for service. When a police vehicle is running in emergency mode, the emergency
equipment alerts people in the area that an emergency vehicle is near by. This equipment provides
for the safety of our police officers and citizens.
The Police Department is requesting to purchase these items from Law Enforcement Supply
Company, Inc. (awarded bid for City of Miami Beach, Bid number 98/99 -77) for an amount not to
exceed $26,000.00, pursuant to the 1999 -2000 budget, from account 1910 - 521 -6430 (Operating
Equipment). This account after the purchase and installation of the emergency equipment will have
a balance of $42,948.00.
RECOMMENDATION:
I recommend approval of this expenditure.
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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 DISBURSE THE SUM NOT TO EXCEED
$26,000.00 TO LAW ENFORCEMENT SUPPLY COMPANY, INC.
FOR THE PURCHASE AND INSTALLATION OF EMERGENCY
EQUIPMENT AND CHARGE THE FUNDS TO ACCOUNT NUMBER
1910-521-6430, (OPERATING EQUIPMENT).
WHEREAS, the Police Department must respond to emergency calls for service as
quickly and safely as possible, and,
WHEREAS, the police vehicles must have emergency equipment to alert citizens of the
of approaching emergency vehicles responding to emergency calls for service, and,
WHEREAS, the safety of the police officers and citizens are of the up most importance,
and,
WHEREAS, Law Enforcement Supply Company, Inc. is providing the emergency
equipment and it's installation under City of Miami Beach contract number 98/99-77.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $26,000.00 to Law Enforcement Supply Company, Inc. from the Operating
Equipment account 1910-521-6430.
Section 2, This Resolution shall become effective immediately upon its adoption
hereof.
PASSED AND ADOPTED this
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM
day of 2000.
ATTEST:
CITY CLERK
CITY ATTORNEY
PLEASE FIND OUR QUOTE AS FOLLOWS
TEN-----FEDERAL SIGNAL VISTA LI8HTBAR #X132H525A, 2 FAST ROTATORS, 2
STANDARD ROTATORS, 6-LAMP SIGNAL MASTER, SIGNAL MASTER CONTROL BOX , ALLEY
LICHTS, 2 TAKEDOWNS, 2-FRONT FLASHERS, 2-REAR FLASHERS, INTERSECTION
CLEARING LIGHTS, MOUNTING KIT, HOOK KIT AND SHIPPING
INCLUDED -------------------------------------------------- $866.38 EACH
TEN-----FEDERAL SIGNAL PA400SS ---------------------------- $358.15 EACH
TEN-----FEDERAL 1I8NAL M6100-04(C.VIC.) 05(EXPLORER) ------ $128.33 EACH
TEN-----FEDERAL 8I61'%-JAL FA5 FLASHER ........................ $36.75 EACH
TEN-----FTDERAL SIGNAL FA6 FLASHER ------------------------ $36.75 EACH
TEN--- --PRO COPPER CONSOLES CC2050'ARMREST,LIGHT,OUTLETS--$273.00 EACH
TEN-----PRO GARD CAGES W/CENTER SLIDE WINDOW #2204--------$280.00 EACH
TEN-----PRO GARD LOWER EXTENSION PANEL (OPTIONAL)---------$25.75 EACH
\
�E WAR�ANT OUR INSTALLATIONS FOR THE WARRANTY OF PRODUCT INSTALLED.
__________________
SOUTH MIAMI POLICE DEPARTMEN'T"
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
Attn: CAPT SALERNO
_ ..... .... ______
THIS QUOTE IS VALID FOR 30 DAYS
UNLESS AN EXTENSION IS AUTHORIZED.
PLEASE FIND OUR QUOTE AS FOLLOWS
�HANK YOU FOR YOUR CO14TINUIN8 BUSI
THIS QUOTE IS AUTHORIZED BY
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3117100
AGENDA ITEM 9–L—O
FROM: Charles D. Scurr Comm. Mtg. 3/21/00
City Manager Selection of Consultants
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SELECTION OF
CONSULTANTS; PROVIDING FOR PUBLIC RECORD BY VIDEO
TAPING PRESENTATIONS ON RFP'S AND RFQ'S; PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution sponsored by Commissioner Wiscombe provides for the
establishment of a policy whereby presentations made by consultants before a
selection committee is video taped, thus creating a public record.
This initiative would be the guiding principle by which presentations on City
sponsored RFPs and RFQs are to be had before a recommending entity to the
City Commission.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
SELECTION OF CONSULTANTS; PROVIDING FOR VIDEO
TAPING PRESENTATIONS ON RFP' S AND RFQ' S;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
recognize the importance of conducting City business in a constructive and ethical
environment; and
WHEREAS, the Mayor and City Commission wish to expound upon the
City's commitment to "excellence, integrity, and inclusion" by establishing as a
guiding principle by which presentations on City initiated RFP's and RFQ's are to
be had before a recommending entity to the City Commission; and
WHEREAS, to alleviate the perception of biases it is this Commission's
desire to have all presentations being made by developers, groups, consultants or
individuals in response to an RFP and RFQ videotaped, thus creating a public
record.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. A policy is hereby established whereby all presentations in
response to a City of South Miami RFP and RFQ being made before a
recommending entity to the City Commission are videotaped.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 52000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by everstr- iking.
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission Date: March 2, 2000
FROM: Charles Scurr Re: Agenda Item #
City Manager Comm. Mtg. Mar 21, 2000
Ordinance deleting obsolete
codes.
REQUEST
Deletion of Sections 15 -1 through 15 -3 of the Code of Ordinances of the City of South
Miami.
BACKGROLTND AND ANALYSIS
The three cited sections deal with regulations for aircraft flying and landing in the City.
Enacted almost 50 years ago, these ordinances are obsolete and the activities prohibited
are more strictly regulated by Federal Statutes.
RECOMMENDATION
Your approval is recommended.
CS/FG /sh
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION
5 OF SECTION 15-1, AIRCRAFT—MINIMUM ALTITUDE; SECTION 15-
6 2, SAME—STUNT OR ACROBATIC FLYING, AND SECTION 15-3,
7 SAME-TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF
8 THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY,
9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
10
11 WHEREAS, Sections 15-1 through 15-3 of the City Code of Ordinances regulates
12 aircraft flying over and taking off or landing within the City; and,
13
14 WHEREAS, all of these actions are governed as strictly or more strictly under the
15 Federal Aviation Administration's Federal Air Regulations part 91; and
16
17 WHEREAS, the City Commission has expressed their desire to have the City's
18 Code of Ordinances brought up to date by deleting obsolete material; and
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
22
23 Section 1. Section 15-1 through 15-3 of the Code of Ordinances of the City of
24 South Miami currently reads as follows:
25
26 Section 15-1 Aircraft -Minimum altitude.
27
28 It shall be unlawful for any person to fly or cause to be flown any airplane or
29 other heavier-than-air aircraft or lighter-than-air aircraft at an altitude of less than one
30 thousand (1,000) feet over the city or within the jurisdictional boundaries of the city
31 except when in the process of taking off or when in the process of landing at airports
32 which are entirely within or partially within the jurisdictional boundaries of the City.
33 (Ord. 297,4-20-54)
34
35 Section 15-2 Same-Stunt or acrobatic flying.
36
37 It shall be unlawful for any person engaged in flying an airplane or other
38 heavier-than-air aircraft or lighter-than-air aircraft over the city within its jurisdictional
39 boundaries to engage in any "stunt" or aerial acrobatics of any kind, (Ord. 297, 4-20-54)
40
41
42
Additinnq Anwn by iinderfininoand deletionz Chown by
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
Section 15-3 Same-Training flights.
It shall be unlawful for any person to fly any airplane or other heavier-than-
air aircraft or lighter-than-air aircraft over the city or within its jurisdictional boundaries,
except when in the process of taking off or when in the process of landing at airports
which are partially or wholly situated within the city limits of the city, when such airplane
or aircraft are being used for the purpose of training or giving and receiving lessons in the
use and the flying of such aircraft. (Ord. 297, 4-20-54)
Section 2. The City Commission hereby amends Section 15 to delete Sections
15-1 through 15-3.
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, the 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 repealed.
Section 5. This ordinance shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of 2000.
ATTEST:
CITY CLERK
I" Reading —
2" d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additinnq diown by iindeflinino anti delehmq qbnwn by nA,Arq"riqP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION
OF SECTION 15-1, AIRCRAFT—MINIMUM ALTITUDE; SECTION 15-
2, SAME—STUNT OR ACROBATIC FLYING, AND SECTION 15-3,
SAME-TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, Sections 15-1 through 15-3 of the City Code of Ordinances regulates
aircraft flying over and taking off or landing within the City; and,
WHEREAS, all of these actions are governed as strictly or more strictly under the
Federal Aviation Administration's Federal Air Regulations part 91; and
WHEREAS, the City Commission has expressed their desire to have the City's
Code of Ordinances brought up to date by deleting obsolete material; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 15-1 through 15-3 of the Code of Ordinances of the City of
South Miami currently reads as follows:
Section 15-1 Aircraft-Minimum altitude.
It shall be unlawful for any person to fly or cause to be flown any airplane or
other heavier-than-air aircraft or lighter-than-air aircraft at an altitude of less than one
thousand (1,000) feet over the city or within the jurisdictional boundaries of the city
except when in the process of taking off or when in the process of landing at airports
which are entirely within or partially within the jurisdictional boundaries of the City.
(Ord. 297, 4-20-54)
Section 15-2 Same-Stunt or acrobatic flying.
It shall be unlawful for any person engaged in flying an airplane or other
heavier-than-air aircraft or lighter-than-air aircraft over the city within its jurisdictional
boundaries to engage in any "stunt" or aerial acrobatics of any kind. (Ord. 297, 4-20-54)
AdditinmC qbnwn by iinderfininonnd deletinin-, Gown by PA*wqtQr4nQ,
Section 15-3 Same-Training flights.
It shall be unlawful for any person to fly any airplane or other heavier-than-
air aircraft or lighter-than-air aircraft over the city or within its jurisdictional boundaries,
except when in the process of taking off or when in the process of landing at airports
which are partially or wholly situated within the city limits of the city, when such airplane
or aircraft are being used for the purpose of training or giving and receiving lessons in the
use and the flying of such aircraft. (Ord. 297, 4-20-54)
Section 2. The City Commission hereby amends Section 15 to delete Sections
15-1 through 15-3.
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, the 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 repealed.
Section 5. This ordinance shall be effective immediately after the adoption
hereof
PASSED AND ADOPTED this day of 2000,
ATTEST:
CITY CLERK
I" Reading —
2nd Reading —
CITY ATTORNEY
APPROVED:
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Addifinm qhnun by underli-nino and delehnn.q -,bnwn by A;rowQ"rina
SOUTH MIAMI POLICE DEPARTMENT
INTER- DEPARTMENT MEMORANDUM
TO: Mayor and City Commission DATE: March 13, 2000
FROM: Charles Scurr, RE: Agenda Item # /ZP
City Manager
Y400; Commission Meeting 3/21/00, Deletion
Section 15 -67, Code of Ordinances
Request
Deletion of Section 15 -67 of the Code of Ordinances of the City of South Miami.
Background and Analysis
The cited section deals with railroad trains obstructing roadways for extended periods
of time. There are no crossings within South Miami's jurisdiction. The section is
obsolete.
Recommendation
Your approval is recommended.
CS /esw
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING
5 SECTION 15-67 TRAINS OBSTRUCTING STREETS; MAXIMUM
6 TIME ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY,
7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
8
9 WHEREAS, Section 15-67 of the City Code of Ordinances establishes maximum
10 times for a train to obstruct traffic at the intersection of a street and a railroad track; and
11
12 WHEREAS, no such crossings exist within the corporate limits of the City of the
13 South Miami; and
14
is WHEREAS, the Mayor and City Commission has expressed their desire to have
16 the City's Code of Ordinances brought up to date by deleting obsolete material; and
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20
21 Section 1. Section 15-67 of the Code of Ordinances of the City of South Miami
22 currently reads as follows:
23
24 Section 15-67 Trains obstructing streets; maximum time allowable; penalty.
25
26 No locomotive or train of cars shall be allowed to obstruct any street or crossing
27 in the city for a longer time than five (5) minutes, and any person having charge of such
28 locomotive or train permitting the same to remain for a greater length of time than the
29 above, shall be punished as provided in section 1-8 of this Code, (Code 1926, 102)
30
31 Section 2. The City Commission hereby amends Section 15 to delete Section
32 15-67.
33 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
34 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
35 shall not affect the validity of the remaining portions of this ordinance.
36
37 Section 4. All ordinances or parts of ordinances in conflict with the provisions
38 of this ordinance are repealed.
39
40
41
42
Additianc Oinwn by iinderfininp, and dale inns shown by
43
44
45 Section 5. This ordinance shall take effect immediately after the adoption
46 hereof.
47
48 PASSED AND ADOPTED this
49
50
ATTEST:
51
52
53
CITY CLERK
54
55
1St Reading --
56
2d Reading —
57
day of
APPROVED:
MAYOR
58 READ AND APPROVED AS TO FORM:
59
60
61 CITY ATTORNEY
62
63
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Addition-, %hown by iinderlinino and deletiang.-zhown by Avw4uJa4w-
§ 15 -67 OFFENSES AND MISCELLANEOUS PROVISIONS § 15.69
Sec. 15-67. Trains obstructing streets; maximum time allow-
able; penalty.
No locomotive or train of cars shall be allowed to obstruct any
street or crossing in the city for a longer time than five (5)
minutes, and any person having charge of such locomotive or
train permitting the same to remain for a greater length of time
than the above, shall be punished as provided in section 1 -8 of
this Code. (Code 1926, § 102)
Sec. 15-68. Unnatural and lascivious act.
It shall be unlawful in the city for any person to commit any
unnatural or lascivious act with another. (Ord. 297, 4- 20 -54)
State law reference — Unnatural and lascivious acts pr- '.-ibited, § 800.02,
Florida Statutes.
Sec. 15 -69. Vagrancy.
It shall be unlawful for any person to be found within the
city who has no visible means of support; or who lives idly
without lawful employment; or who wanders about the streets
or other public places, either by day or night; or who does
not have a known place of residence or abode; or who is found
begging; or who for the purpose of gain travels over the city
begging; or who loiters about alcoholic beverage establish-
Supp. No. 47 224.1
{
t 9
From: Charles D. Scurr
City Manager
REQUEST:
Agenda Item#
Re: Comm. Mtg.3 1/ 0
LDC Amendment: Nonconforming
Use
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING USES; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SUBPARAGRAPH (A)(6) OF SECTION 20 -4.8 ENTITLED,
"NONCONFORMING USES AND STRUCURES" IN ORDER TO REMOVE THE
SIX(6) MONTH PERIOD DURING WHICH A NONCONFIRMING USE MAY
REMAIN VACANT WITHOUT LOSING ITS NONCONFORMING STATUS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached ordinance amends a section of the Land Development Code which sets forth a
number of conditions allowing existing nonconforming uses and structures to continue or
maintain their nonconforming status. One specific section,Sec.20 -4.8 (A)(6) provides that a
nonconforming building or a use which remains vacant and unused for a continuous period of six
(6) months can still maintain its nonconforming status. A basic objective of nonconforming
regulations is to encourage the eventual elimination of a nonconforming use and compliance
with current codes. Allowing for a nonconforming structure or use to continue even after the use
has ceased or has been vacated, is not appropriate and is a disincentive for compliance with
current regulations of the Land Development Code.
In order to respond to the situation described above, an amendment to the Land Development
Code is necessary. The amendment as shown in the attached ordinance would remove the phase
"for a continuous period of six(6) months" from Sec.20- 4.8(A)(6). The instant a nonconforming
building is vacated or the use ceases, all future uses would be required to comply with current
LDC regulations applicable to the property.
RECOMMENDATION: Approval on first reading and transmittal to the Planning Board
for public hearing and recommendation.
Attachment:
Proposed Ordinance
1 ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING USES; AMENDING
7 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
8 REVISING SUBPARAGRAPH (A)(6) OF SECTION 20 -4.8 ENTITLED,
9 "NONCONFORMING USES AND STRUCURES" IN ORDER TO REMOVE THE
10 SIX(6) MONTH PERIOD DURING WHICH A NONCONFIRMING USE MAY
11 REMAIN VACANT WITHOUT LOSING ITS NONCONFORMING STATUS;
12 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
13 PROVIDING AN EFFECTIVE DATE.
14
15
16
17 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
18 program to update, clarify, and improve the provisions of the City's Land Development Code;
19 and
20
21 WHEREAS, the South Miami Comprehensive Plan states that the City should eliminate uses
22 inconsistent with community character(Land Use Element, Goal 1, Objective 1.1); and
23
24 WHEREAS, the City's Land Development Code allows for nonconforming use of a property
25 to continue for a period of six (6) months after the nonconforming use has ceased or has been
26 vacated; and
27
28 WHEREAS, after review and consideration, the Planning and Zoning Department has
29 determined that allowing the continuation of nonconforming uses is inconsistent with the City's
30 Comprehensive Plan and a disincentive for compliance with current regulations of the Land
31 Development Code; and
32
33 WHEREAS, a specific amendment to Section 20- 4.8(A)(6) of the Land Development Code
34 has been prepared in order to remove the six(6) month period during which the nonconforming
35 status of a property may continue even if the use has ceased or has been vacated; and
36
37 WHEREAS, on, after Public Hearing regarding the proposed
38 amendment to, Section 20- 4.8(A)(6) of the Land Development Code, the Planning Board voted
39 _ to transmit the proposed amendment to the City Commission; and
40
41 WHEREAS, the City Commission desires to accept the recommendations of the Planning
42 Board and enact the aforesaid amendment.
43
44
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
47 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
48
49
2 Section 1 That Subparagraph (A)(6) of Section 20 -4.8, entitled, "Nonconforming uses and
3 structures" of the South Miami Land Development Code is hereby amended to read as follows:
4
5 Section 20 -4.8 Nonconforming uses and structures
6 (A) General Regulations
7
8 ( 6) If a N&-building or land, which has been used for a nonconforming use, becomes
9 wbich rerna vacant and unused for ° continuous period of six (6) m
10 whether or not fixtures are removed, said building or land shall may on1X an be
11 used €xee-pl in conformity with the regulations of the district in which such
12 building or land is located. For a multi -unit, multi - tenant land or building which
13 constitutes a nonconforming use, vacancy of one (1) or more units shall have no
14 effect on the rights of the property owner under this section, unless seventy -five
15 (75) percent or more of the gross floor area shall ain becomes vacant and
16 unused f^ than ,.1 six (6) months, after- . io per the vacant portion shall
17 not again be used for a nonconforming purpose and the remaining portions of the
18 land or structure shall be brought into conforming use within three (3) years.
19
20
21 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
22 ordinance are hereby repealed.
23
24 Section 3 The provisions of this ordinance shall supercede any ordinance or parts of
25 ordinances which are inconsistent with the provisions contained herein.
26
27 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held
28 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
29 validity of the remaining portions of this ordinance.
30
31 Section 5 This ordinance shall take effect immediately at the time of its passage.
32
33 PASSED AND ADOPTED this day of , 2000
34
35 ATTEST: APPROVED:
36
37
38 CITY CLERK MAYOR
39 Commission Vote:
40 READ AND APPROVED AS TO FORM: Mayor Robaina:
41 Vice Mayor Feliu
42 Commissioner Bethel:
43 Commissioner Russell
44 Commissioner Wiscombe:
45 CITY ATTORNEY
46
47
48 NOTE: New wording underlined; wording to be removed indicated by strike - through
- MEIN= CITY OF SOUTH MIAMI
V7INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
Charles Scurf, City Manager
Ronetta Taylor, City Clerk
From: Earl G. Gallop
Date: March 16, 2000
Re: Proposed amen ment to
lobbyist ordinance
Subject: The proposed amendment updates Sec. 8A -5, entitled "Lobbyists; registration and
reporting, exemptions," of the city code and repeals Sec. 8A -6, entitled "Penalty for violation
of chapter."
Discussion: The city's ordinance regulating lobbyist was adopted in 1969 and last updated
in 1986. It is in need of updating.
The purpose of the proposed amendment is to strengthen lobbyist reporting and disclosure
requirements so that city officials, candidates, staff and the public may know who is doing
business with the city or seeking to influence legislation. This amendment continues the city
commission's commitment to strengthening standards of conduct pertaining to actions by city
officials and persons seeking to do business with the city. The objective of the proposed
amendment is to require disclosures by lobbyists to identify their clients, the subjects that
they have been hired to lobby, city officials who will be, or have been lobbied, and the
amounts and objects of expenditures. The scope of the ordinance includes city and all city
boards, committees and agencies, including the South Miami Community Redevelopment
Agency and the Health Facilities Authority.
The ordinance applies to everyone who is retained (whether paid or not) to represent a
business entity or organization to influence city action. City action is broadly described to
include virtually all legislative, quasi-judicial and administrative action by the city, including
the ranking and selection of professional consultants. It does not apply to persons who
appear on behalf of not - for - profit organizations (Elks, American Legion), homeowners
associations (CSM HOA), local chamber of commerce and merchants associations (Chamber
South, Red Sunset Merchants Ass'n.), and trade associations and unions (PBA, AFSCME).
It also excludes persons who speak on their own behalf without compensation (Mr. Tucker),
persons who are requested to appear before the commission, or any board, committee or
agency, persons who are compelled to appear (under subpoena from code enforcement board)
and attorney's hired to represent persons who are requested or compelled to appear, persons
who appear in connection with a contract they have with the city, and expert witnesses.
Please note, however, an attorney representing a person in a quasi-judicial proceeding is
required under this version, but was not required under the former version, to register as a
lobbyist and pay a $125 fee.
Lobbyist must file with the city clerk, disclose who they represent, the subject they have been
hired to lobby, and city officials they will contact. They must file an annual report
identifying how much they spent, and on what (meals, etc.,) and the city official on whom
they made the expenditure.
Violations of requirements of the ordinance will enforced by the Miami -Dade County
Commission on Ethics and Public Trust, which can issue public reprimands and determine
fines ($250 first offense, $500 second and further offences). Contracts that are entered into
with the city where a violation has occurred are voidable. The city commission can debar
the principal and the lobbyist for lobbying in the city, and from contracting with the city,
when there have been three violations.
Recommendation: Approve the ordinance on 1St reading and schedule 2nd reading and
public hearing.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS;
6 REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY
7 OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND
8 DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION
9 8A -6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER,"
10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
I 1 AND AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami seek to
15 protect the elected and appointed city officials and city employees from the appearance
16 of, or actual, favoritism, corruption, or other impropriety in their consideration of
17 ordinances and resolutions, decisions in quasi-judicial proceedings, selection of
18 consultants, awarding of contracts and other city business; and
19
20 WHEREAS, the Mayor and City Commission have enacted legislation relating to
21 conflict of interest, ethics and limitations on campaign financing to strengthen the
22 standards of conduct pertaining to actions by city officials, candidates for public office,
23 city employees and persons doing business with the city; and
24
25 WHEREAS, the Mayor and City Commission now seek to strengthen the
26 reporting and disclosure requirements for all lobbyists so that city officials, staff and the
27 public may know who is doing business with the city or seeking to influence legislation;
28 and
29
30 WHEREAS, the Mayor and City Commission desire to amend Section 8A -5, et
3I seq. of the City of South Miami Code of Ordinances to accomplish an important public
32 purpose.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. Section 8A -5, entitled "Lobbyists; registration and reporting,
38 exemptions" of the City of South Miami code is to read:
39
40 Sec. 8A -5. Lobbyists; registration, reporting, fees, exemptions,
41 expenditures, and penalties.
42
1
2
3
4
5
6
7
8
(a)
(b)
U
This section shall be known as the City of South Miami Lobbyist
Registration Ordinance.
Definitions. For the purposes of this section, the following terms shall have
the definitions contained herein:
Lobbyist means all natural persons, unincorporated associations, or business
entities employed or retained, whether paid or not, by a principal who seeks
9
to encourage the passage, defeat, or modification of any of the following_
10
G) ordinance, resolution, action, or decision of the city commission, the
1 i
mayor, or any commissioner; (ii) action, decision, or recommendation of
12
any city board, committee, or agency, including without limitation, the
13
governing and advisory boards of the South Miami Community
14
Redevelopment Agency and the Health Facility Authority; or (iii) action,
15
decision or recommendation of the city manager, deputy, assistant, or
16
assistant to the city manager, department heads, division heads, city
17
attorney, assistant city attorney (except when such personnel are acting in
18
connection with quasi-judicial or administrative hearings) during the time
19
period of the entire decision- making process on an action, decision or
20
recommendation which foreseeably will be heard or reviewed by the it
21
commission, or a city board, committee, or agency. "Lobbyists"
22
specifically includes the principal, as well as any agent, attorney, officer or
23
employee of a principal, regardless of whether lobbying activities fall
24
within the normal scoae of emnlovment of the agent_ attorney officer or
25 employee. "Lobbyist" shall exclude any person who only appears as a
26 representative of a not for profit corporation or entity (such as a charitable
27 organization, neighborhood or homeowners association, local chamber of
28 commerce, trade association, or trade union), without special compensation
29 or reimbursement for the appearance whether direct, or contingent,
30 to express support of or opposition to any item. ,
31
32 legisl4ion or administrative aetion before th ion, boards-,
33 eommittees of administration of the City of South -.NA-ifflffl.i.
34
35 (2) Principal means the natural person, firm, corporation or other entity that
36 has employed or retained a lobbyist.
37
38 (c) (1) Registration and filing requirements. All lobbyists shall before
39 engaging in any lobbying activities, register with the clerk. Every person
40 required to register shall register on forms prepared by the clerk pay a
41 registration fee as specified in appendix A and state under oath:
42
43 (i) name;
Additions shown by underlining and deletions shown by overg: 2
I (ii) business address;
2 (iii) the name and business address of each person or entity, within the
3 preceding five years, for whom the lobbyist was employed-
4 (iv) the commissioner or personnel sought to be lobbied; and
5 (v) the specific issue on which the lobbyist has been employed to lobby.
7 (2) Change or modification of information. Any change to any
8 information originally _ filed, or any additional city commissioner or
9 personnel who are also sought to be lobbied shall require the lobbyist to file
10 an amendment to the registration forms, although no additional fee shall be
11 required for such amendment. The lobbyist has a continuing duty to supply
12 information and amend the forms filed throughout the period for which the
13 lobbying occurs.
14
15 (3) Disclosure. If the lobbyist represents a corporation, partnership or
16 trust, the chief officer, partner or beneficiary shall also be identified.
17 Without limiting the foregoing, the lobbyist shall also identify all persons
18 holding g irectly or indirectly, a 10% or more ownership interest in the
19 corporation, partnership or trust.
20
21
(4) Separate registration requirements. Separate registration shall be
22
required for each principal represented on each specific issue. The issue
23
shall be described with as much detail as is practical, including but not
24
limited to a specific description where applicable of a pending request for a
25
proposal, invitation to bid, or public hearing item. The city clerk shall
26
reject any registration statement that does not provide a description of the
27
specific issue on which the lobbyist has been employed.
28
2 -9
(5) Each person who withdraws as a lobbyist for a particular client shall
30
file an appropriate notice of withdrawal.
31
32
(6) Fees. Each lobbyists shall pay a registration fee, as required in
33
subsection (c)(1). In addition, all lobbyist must register prior to October 1
34
of every year; and the fee shall be as specified in appendix A. The
35
registration fees required in this chapter shall be deposited by the city clerk
36
into a separate account and shall be expended only to cover the costs
37
incurred in administering the provisions of this section. There shall be no
38
fee required for filing a notice of withdrawal, and the city manager shall
39
waive the registration fee upon a finding of financial hardship based upon
40
a sworn statement of the applicant. Prior to conducting any lobbying on a
41
matter, all lobbyists must file a form with the city clerk signed by the
42
principal or the principal's representative, stating that the lobbyist is
43
authorized to represent the principal. Any person who only appears as a
Additions shown by underlining and deletions shown by over-striking. 3
I representative of a nonprofit corporation or entity (such as a charitable
2 organization, neighborhood or homeowner association, local chamber of
3 commerce trade association or trade union) without special compensation
4 or reimbursement for the appearance, whether direct, indirect, or
5 contingent to express support or opposition to any item, shall not be
6 required to register with the city clerk as required by this subsection.
7 Copies of registration forms shall be furnished to each commissioner or
8 other personnel named on the forms.
9
10 (7) Disclosure and appearance of impropriety. In addition to the matters
11 addressed above, every registrant shall be required to state the extent of any
12 business, financial, familial or professional relationship, or other
13 relationship giving rise to an appearance of an impropriety, with the mayor,
14 any city commissioner, or personnel who is sought to be lobbied as
15 identified on the lobbyist registration form filed.
in
17 (8) Duty of the city commission, boards, committees, agencies, and
18 employees All members of the city commission and all city personnel,
19 including all board, committee and agency members, shall be diligent to
20 ascertain whether persons required to register pursuant to this section have
21 complied with the requirements of this division. The mayor,
22 commissioners, board, committee and agency members, and city personnel
23 may not knowingly permit themselves to be lobbied by a person who is not
24 registered pursuant to this section.
25
26 (9) All covered city officials, personnel, and members shall maintain
27 signed sign-in logs for all meetings with lobbyists.
28 1
29 Any per-son
No M °1�I1N It r-em nef + N o mpe do fof tR ees
a r.
30 a lobbyist before ae4vities to influence passage of legislatio.n.
31 of administf4ive + the Citter � cout Miami shall fegister- with eit
32 eler-k on forms pro de for- a tio i i N shall state nd r A +�
33 , address and the name and business address of each pr-ineip
34 repr-eset#ed and the general and specifie afeas of legislative interest:.
35 Se atefegistr-ation is required for- represented. Thew
36 r-egistfation shall also state any difeet b )eiation with my me
37 of the ^;+ eommissioN board, ammittee or offieef c. employee of the eity.
38
39 (d) List of expenditures.
40
41 (1) On October 1 of each year, lobbyists shall submit to the city clerk a
42 signed statement under oath, as provided by the clerk, listing all lobbying
43 expenditures in the city for the preceding calendar year. A statement shall
Additions shown by underlining and deletions shown by ^v°r g 4
I be filed even if there have been no expenditures during the reporting period.
2 The statement shall list in detail each expenditure by category, including
3 food and beverage, entertainment, research, communication, media
4 advertising, publications, travel, lodging and special events and shall
5 identify the city officials, personnel, and members upon whom the
6 expenditures were made.
7
8 (2) The city clerk shall notify any lobbyist who fails to timely file an
9 expenditure report. In addition to any other penalties which ma_y be
10 imposed under this chapter, a fine of fifty dollars $50.00) per day shall be
11 assessed for reports fled after the October 1St due date.
12
13 (3) The city clerk shall notify the Miami -Dade County Commission on
14 Ethics and Public Trust of the failure of a lobbyist to file a report and /or
15 pay the assessed fines after notification.
16 -^
17 (4) A lobbyist may appeal a fine and may request a hearing before the
18 Miami -Dade Commission on Ethics and Public Trust. A request for a
19 hearing on the fine must be filed with the Miami -Dade Commission on
20 Ethics and Public Trust within fifteen (15) calendars days of receipt of the
21 notification of the failure to file the required disclosure form. The Miami -
22 Dade Commission on Ethics and Public Trust shall have the authority to
23 waive the fine, in whole or in part, based on eood cause shown.
AW
• befefe the eity e ; employee
Pufpese Of aftemptifig to ififliieflee legislation -Of
i
29 the pttfpose of stieh expenditufe. Stieh fofms shall be filed with the eity
30 eler-k no
32 (e) Exceptions to registration. The following persons will be exempt from the
provisions of •
35 (1) Any person who only ppears in his or her individual capacity at a
36 public hearing before the city commission, board committee agency
37 meeting, and has no other communication with the city personnel for the
38 purpose of self - representation without compensation or reimbursement,
39 whether direct, indirect, or contingent, to express support of or opposition
40 to any item, shall not be required to register as a lobbyist including but not
41 limited to those who are members of homeowners or neighborhood
42 associations. All speakers shall, however, sign -in on forms available at the
43 public hearing or meeting. Additionally, any person or representative of a
Additions shown by underlining and deletions shown by o:efst:iking. 5
1 business entity requested to appear before any city commission, or board,
2 committee, or agency meeting, or any person or representative compelled to
3 answer for or appealing a code violation, or any administrative hearing
4 shall not be required to register, nor shall any agent, attorney, officer or
5 employee of the person. Any who fn -ely °NpeaNs before
ll`llllt ill`
6 > eommittees or officefs and employees of the eit�,
7 the pWose ^� r „N on l
while attempting to ififlueffee
8 _1 1
9 N °Y- Y °N do or in her- individual capacity fishes to express JUHpo
ft or-
10
11
12
13 (2) Any public officer, employee or appointee or any person or entity in
14 contractual privity with the city who only ppears in his or her official
15 capacity shall not be required to register as a lobby Any m °m" °N oft,°
16 Florida R who is representing wee n elient ;,, n n,i�c�; ;,, dieia or- a ministf t 1 �
17 pfoeeeding befoFe the eit�, or who is mandated by state law to fepfesenl -a
18
efient in sueh pfoeeedings shall not be required to fegister of FepoA as a-
19 lobbyist undo f this section.
20
21 (3) Any person appearing as an expert witness called in proceedings
22 before the commission, any board or a committee or the administration of
23 the city who presents testimony in support of a position or explaining such
24 position.
25
26 (e) Penalties.
27
28 (1) Violations of this section may be determined by the Miami -Dade
29 County Commission on Ethics and Public Trust. A finding by
30 commission that a person has violated this chapter shall subject the person
31 to those penalties set forth in § 2 -11.1 of the Metropolitan Dade County
32 Code. The penalties include admonition, public reprimand, and fines, as
33 well as prohibitions from registering as a lobbyist or engaging in lobbying
34 activities before the city.
36 (2) Additionally, the city commission may debar a bidder or proposer
37 from lobbying activities in the city, and from entering into contracts with
38 the city, or any agency or authority of the city when the bidder or proposer
39 either directly or indirectly, on three or more occasions, has been found to
40 have violated the lobbyist provisions of this section. As used herein, a
41 "direct violation" shall mean a violation committed by the bidder or
42 proposer and an "indirect violation" shall mean a violation committed by a
43 lobbyist presenting said bidder or proposer. A contract entered into in
Additions shown by underlining and deletions shown by evef g 6
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violation of this section shall render the contract voidable. The city
manager shall include the provisions of this section in all city bid
documents, RFPs and RFQs, provided, however, that failure to do so shall
not render any contract voidable.
(3) Except as otherwise provided in subsection (f)(1), the validity of any
action or determination of the city commission, board, committee, or
agency shall not be affected by the failure of any person to comply with the
provisions of this section.
Section 2. Section 8A -6, entitled "Penalty for violation of chapter," is repealed.
.:: .:
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be included in the Code of Ordinances.
Section 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall take effect immediately upon approved.
Additions shown by underlining and deletions shown by t +i
7
OWN 1��Jjjffil 1111
NOW
:•
.:: .:
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, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be included in the Code of Ordinances.
Section 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall take effect immediately upon approved.
Additions shown by underlining and deletions shown by t +i
7
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ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\ \Dell 6100\Documents \City of South Miami \0022 - 001 \2747.doc
FENNO "IT a] 03
u • IM
1st Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by ^v°r g.
1
2
3
4
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7
Appendix A
Description
Annual registration fee due October 1 st
Daily late fee after October 1St deadline
Amount
$125.00
$ 50.00
Additions shown by underlining and deletions shown by ever g.
0
1
DRAFT
2 City of South Miami
3 Regular City Commission Minutes
4 March 7, 2000
5
6 CALL TO ORDER:
7
8 The City Commission of the City of South Miami, Florida met
9 in regular session on Tuesday, March 7, 2000 beginning at 7:30
10 p.m., in the City Commission Chambers, 6130 Sunset Drive.
11
12 A. Roll Call:
13 The following members of the City Commission were present,
14 Mayor Julio Robaina, Vice Mayor Horace G. Feliu, Commissioners
15 Mary Scott Russell, David D. Bethel and Randy G. Wiscombe.
16
17 Also in attendance were, City Manager Charles D. Scurr,
18 Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop
19 and City Clerk Ronetta Taylor.
20
21 B. Invocation:
22 Reverend Dale Young of Hope Lutheran Church delivered the
23 Invocation.
24
25 C. Pledge of Allegiance:
26 The Pledge of Allegiance was lead by Troupe #599 from West
27 Kendall.
28
29 D. Presentations)
30 "Certificate of Appreciation" - J.A. Enderle
31 Mr. Enderle was not present for this presentation.
32
33 Assistant Chief Mills introduced newly sworn Police Officers
34 Sawyer and Jackson.
35
36 Ms. Pascha S. Donaldson, a representative from J.R.E. Lee
37 Opportunity School appeared before the City Commission to solicit
38 participation in a partnership whereby volunteers were needed for
39 reading and mentoring.
40
41 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
42
43 1. Approval of Minutes
44 February 9, 2000 - Special City Commission Minutes
45 Moved by Commissioner Russell, seconded by Commissioner
46 Bethel to approve the minutes as presented.
47
48 There, being no discussion motion passed by a 5 -0 vote.
49
50 Commissioner Wiscombe: Yea
REGULAR CITY COMMISSION 1
Minutes - March 7, 2000
1
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Commissioner Russell: Yea
Vice Mayor Feliu: Yea
Commissioner Bethel: Yea
Mayor Robaina: Yea
February 15, 2000 - Regular City Commission Minutes
Moved by Commissioner Russell, seconded by Commissioner
Bethel to approve the minutes as presented.
There, being no discussion motion passed by a 5 -0 vote.
Commissioner Russell: Yea
Vice Mayor Feliu: Yea
Commissioner Bethel: Yea
Commissioner Wiscombe: Yea
Mayor Robaina: Yea
2. City Manager's Report
Mr. Ron Robinson, President of the Coral Gables Chamber of
Commerce appeared before the City Commission to solicit support
for the adoption of the Mode of Business Ethics resolution on
tonight's agenda.
Mr. Tom Schneider, VP of the Simon Property Group appeared
before the City Commission and provided a visual presentation on
the progress being made with the Shops At Sunset Place.
Mayor Robaina thanked Mr. Schneider for this presentation
and recommended encouraging the SHOPS' owners to hire South Miami
youth.
Commissioners Russell and Wiscombe expressed concern with
the youth gathering at the Banyan Court entrance to the Shops At
Sunset Place and asked if measures could be taken to discourage
this type of activity.
Commissioner Bethel suggested soliciting retail
establishment that would attract African American shoppers.
Vice Mayor Feliu suggested giving the Banyan Court entrance
a more open and friendly appearance.
Manager Scurr provided a report on the following items: l)
2) Women Build III project; 3) Town Hall Meeting which
Commissioner Russell further expounded on; 4) Dade Days April
5 &6, which prompted a request on tonight's agenda to change the
City Commission from April 4th to April 11th; 5) Administration's
walking tour; 6) Shaw PUD [dedication of easement]; 7) Murray
Park Phase Two update. This item is being addressed on tonight's
agenda; 8) Grant for Trust to Safe Neighborhood Parks; 9) Noise
at Elks Lodge and Mark Light Stadium; 10) demolition of Pink
House scheduled for March 13th; 11) Square Diehl Apartments; 12)
REGULAR CITY COMMISSION 2
Minutes - March 7, 2000
1 Davis Gardens Apartment; 13) the City's recycling efforts; 14)
2 Teen Pregnancy Prevention Contract.
3
4 Mayor Robaina asked administration to review and respond to
5 the following: 1) acquiring the property located at 7800 SW 59th
6 Avenue a possible open space park; 2) purchase street signs for
7 South Miami Pioneers; 3) Traffic along Red Road and ,84th Street;
8 4) Garage Sales; 5) traffic situation along Red Road near the
9 Mobil Gas Station and the KFC.
10
11 Commissioner Wiscombe suggested installing a fountain in the
12 pond at Fuchs Park.
13
14 Commissioner Russell asked administration to look into
15 adding cardboard material to the recyclable items list. She
16 brought up the issue of speeding along 70th Street and related
17 that she's not seen any police presence there during the morning
18 hours. She said 57th Avenue on Coral Gables side needed better
19 nighttime illumination. She commended the police department on
20 the 1999 Crime Statistics.
21
22 After there were no other comments or questions for the City
23 Manager this report was concluded.
24
25 3. City Attorney's Report
26 Attorney Gallop reported that the final Co was issued to the
27 Shops At Sunset Place. Administration has been promised that the
28 empty storefronts along Sunset Drive would be enhanced. He
29 reported that he is working on modernizing the lobbying ordinance
30 and a proposal regarding campaign finance. He related the
31 process being made on the Jackson Junk Yard lien. He reported on
32 the progress being made with the Mike's Tire Gas Station issue
33 and said that administration would probably be recommending an
34 amendment to the Land Development Code to deal with this type of
35 situation.
36
37 Attorney Gallop further reported on the progress being made
38 with the noise problem at Mark Light Stadium.
39
40 Attorney Gallop also reported that he'd given a deposition
41 in the Wascura case.
42
43 Vice Mayor Feliu directed administration to incorporate the
44 following language into resolutions dealing with new developments
45 that required City approval "applicant is encouraged by the City
46 of South Miami to train if necessary and to hire residents of the
47 City to work at applicant's business."
48
49 After there were no further comments or questions for the
50 City Attorney this report was concluded.
51
52 Commissioner Russell removed Item Nos. four and ten from the
53 Consent Agenda.
REGULAR CITY COMMISSION 3
Minutes - March 7, 2000
1 CONSENT AGENDA
2
3
RESOLUTION NO. 50 -00 -10943
4
4.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
6
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
7
FIGUEREDO, P.A., IN THE AMOUNT OF $10,237.29 CHARGING
8
$619.90 TO ACCOUNT NO. 1500 -514- 3435, CONSULTING -REAL
9
PROPERTY /FORECLOSURE, CHARGING $2,952.51 TO ACCOUNT NO.
10
608 - 1910 - 521 - 3100, - PROFESSIONAL SERVICES, AND CHARGING
11
THE REMAINDER TO ACCOUNT NO. 1500- 514 -3410, LEGAL
12
SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE.
13
14
RESOLUTION NO. 51 -00 -10944
15
5.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
16
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATIONAL
17
COMMITTEE; APPOINTING MR. WILLIAM J. KINNEY TO SERVE
18
FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A
19
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.
20
(Mayor Robaina) 3/5
21
22
RESOLUTION NO. 52 -00 -10945
23
6.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
25
RELATIONS BOARD; APPOINTING MR. CARLOS CASTELLANOS TO
26
SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL
27
A SUCCESSOR I.S DULY APPOINTED AND QUALIFIED
28
(Mayor Robaina) 3/5
29
30
RESOLUTION NO. 53 -00 -10946
31
7.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING
33
BOARD; RE- APPOINTING MR. C. DAVID MORTON TO SERVE FOR A
34
TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR
35
IS DULY APPOINTED AND QUALIFIED
36
(Mayor Robaina) 3/5
37
38
RESOLUTION NO. 54 -00 -10947
39
8.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
40
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCHEDULING
41
THE CITY COMMISSION MEETING OF APRIL 4, 2000 TO APRIL
42
11, 2000; PROVIDING AN EFFECTIVE DATE.
43
3/5
44
RESOLUTION NO. 55 -00 -10948
45
9.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GOVERNMENT;
47
SUPPORTING "FLORIDA CITIZENSHIP AND LEADERSHIP DAY ";
48
PROVIDING AN EFFECTIVE DATE.
49
(Mayor Robaina) 3/5
50
REGULAR CITY COMMISSION 4
Minutes
- March 7, 2000
1 RESOLUTION NO. 56 -00 -10949
2 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
4 MANAGER TO EXTEND AN AGREEMENT WITH RECIO AND
5 ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER
6 CONTROL SERVICES ALONG THE US1 MEDIAN, SUNSET DRIVE
7 MEDIAN AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED
8 $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING
9 THIS AMOUNT TO ACCOUNT NO 001 - 2150 - 519 - 3450,
10 "CONTRACTUAL SERVICES ".
11
12 Moved by Vice Mayor Feliu, seconded by Commissioners Bethel
13 and Wiscombe to approve the Consent Agenda.
14
15 There, being no discussion the motion passed by a 4 -0 vote.
16
17 Commissioner Russell: Out of room
18 Commissioner Bethel: Yea
19 Vine Mayor Feliu: Yea
20 Commissioner Wiscombe: Yea
21 Mayor Robaina: Yea
22
23 ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
24
25 ORDINANCE NO. 1 -00 -1703
26 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -1
28 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN
29 ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE LAND
30 USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO
31 FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS;
32 PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF
33 THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS
34 OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR
35 SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR
36 AN EFFECTIVE DATE. (13t Reading - November 2, 1999)
37
38 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to
39 adopt this ordinance.
40
41 Administration explained the issues involved with this
42 amendment.
43
44 Mayor Robaina opened the floor for the public hearing.
45
46 Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared
47 before the City Commission in support of this amendment.
48
49 After there were no other interested parties to speak on
50 behalf of this item, the public hearing was closed.
51
REGULAR CITY COMMISSION 5
Minutes - March 7, 2000
1 Upon the conclusion of discussion, the motion passed by a 4-
2 0 vote.
3
4 Vice Mayor Feliu: Out of room
5 Commissioner Bethel: Yea
6 Commissioner Wiscombe: Yea
7 Commissioner Russell: Yea
8 Mayor Robaina: Yea
9
10 ORDINANCE NO. 2 -00 -1704
11 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
12 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2
13 (DCA NO. 00R1) TO THE ADOPTED COMPREHENSIVE PLAN IN
14 ORDER TO PROVIDE CERTAIN REVISIONS TO THE
15 INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY
16 RECENTLY ENACTED CHANGES TO FLORIDA STATUTES; PROVIDING
17 FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS
18 ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF
19 THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR
20 SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN
21 EFFECTIVE DATE. (First Reading - November 2, 1999)
22
23 Moved by Mayor Robaina, seconded by Commissioners Russell
24 and Wiscombe to adopt this ordinance.
25
26 Administration explained the issues involved with this
27 amendment.
28
29 Mayor Robaina opened the floor for the public hearing.
30 After there were no interested parties to speak on behalf of this
31 item, the public hearing was closed.
32
33 Upon the conclusion of discussion, the motion passed by a 4-
34 0 vote.
35
36 Commissioner Wiscombe: Out of room
37 Commissioner Russell: Yea
38 Commissioner Bethel: Yea
39 Vice Mayor Feliu: Yea
40 Mayor Robaina: Yea
41
42 ORDINANCE NO. 3 -00 -1705
43 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44 CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT NO.
45 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN
46 IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE
47 HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A
48 STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND
49 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
50 FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS
51 ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF
REGULAR CITY COMMISSION 6
Minutes - March 7, 2000
1
THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR
2
SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT,
3
AND PROVIDING AN EFFECTIVE DATE.
(First Reading -
4
November 16, 1999)
5
6
Moved by Mayor Robaina, seconded by
Commissioners Russell
7
and Wiscombe to adopt this ordinance.
8
9
Administration explained the issues
involved with this
10
amendment.
11
12
Mayor Robaina opened the floor for
the public hearing.
13
After there were no interested parties to speak on behalf of this
14
item, the public hearing was closed.
15
16
Upon the conclusion of discussion, the
motion passed by a 5-
17
0 vote.
18
19
Commissioner Wiscombe:
Yea
20
Commissioner Russell:
Yea
21
Commissioner Bethel:
Yea
22
Vice Mayor Feliu:
Yea
23
Mayor Robaina:
Yea
24
25 RESOLUTION (S) PUBLIC HEARING
26
27 RESOLUTION NO. 57- 00- 10950
28 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
29 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
30 A TENTATIVE PLAT, PURSUANT TO SECTION 20- 4.2(B), OF THE
31 LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT
32 CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING
33 THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE
34 RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56TH STREET,
35 SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING
36 PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES,
37 PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN
38 EFFECTIVE DATE.
39 3/5
40
41 Moved by Mayor Robaina, seconded by Commissioner Bethel to
42 approve this item.
43
44 Administration explained the mitigating factors surrounding
45 this request.
46
47 Mayor Robaina opened the floor for the public hearing.
48 After there were no interested parties to speak on behalf of this
49 item, the public hearing was closed.
50
REGULAR CITY COMMISSION 7
Minutes - March 7, 2000
1 Upon the conclusion of discussion, the motion passed by a 5-
2 0 vote.
3
4 Commissioner Wiscombe: Yea
5 Commissioner Russell: Yea
6 Vice Mayor Feliu: Yea
7 Commissioner Bethel: Yea
8 Mayor Robaina: Yea
9
10 RESOLUTION (S)
11
12 RESOLUTION NO.58 -00- 10951
13 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
14 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY
15 COMMISSION MEETINGS ESTABLISHING POLICY WHEREBY
16 AWARDS. RECOGNITION AND ACKNOWLEDGEMENT PRESENTATIONS
17 SCHEDULED TO BE HEARD DURING A CITY COMMISSION MEETING
18 SHALL BE PRESENTED AT 7 :00 P.M.; PROVIDING AN EFFECTIVE
19 DATE.
20 (Vice Mayor Feliu) 3/5
21
22 Moved by Mayor Robaina, seconded by Commissioners Russell
23 and Wiscombe to approve this item.
24
25 Vice Mayor Feliu shared his rationale for sponsoring this
26 item.
27
28 Upon the conclusion of discussion, it was moved by Vice
29 Mayor Feliu, seconded by Mayor Robaina to amend the resolution by
30 changing the word "all" to awards, recognition, acknowledgment.
31 There, being no further discussion on the amendment, the motion
32 passed by a 5 -0 vote.
33
34 Vice Mayor Feliu: Yea
35 Commissioner Bethel: Yea
36 Commissioner Russell: Yea
37 Commissioner Wiscombe: Yea
38 Mayor Robaina: Yea
39
40 There, being no further discussion on the resolution as a
41 whole, the motion passed by a 5 -0 vote.
42
43 Commissioner Bethel: Yea
44 Commissioner Wiscombe: Yea
45 Commissioner Russell: Yea
46 Vice Mayor Feliu: Yea
47 Mayor Robaina: Yea
48
49 RESOLUTION NO. 59 -00- 10952
50 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
51 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY
52 CLERK; ESTABLISHING POLICY TO INCLUDE THE CITY CLERK IN
REGULAR CITY COMMISSION 8
Minutes - March 7, 2000
1 COLA ADJUSTMENTS FOR NON -UNION GENERAL EMPLOYEES;
2 PROVIDING FOR THE CITY CLERK TO RECEIVE THE SAME
3 COMPENSATION AS PRESCRIBED IN RESOLUTION NO. 46 -00-
4 10939; PROVIDING AN EFFECTIVE DATE.
5 (Mayor Robaina /Vice Mayor Feliu /Comm. Bethel) 3/5
6
7 Moved by Vice Mayor Feliu, seconded by Commissioner Bethel
8 to approve this item.
9
10 Mayor Robaina explained his reasoning for sponsoring this
11 item.
12
13 Upon the conclusion of discussion, the motion passed by a 5-
14 0 vote.
15
16 Commissioner Bethel: Yea
17 Commissioner Wiscombe: Yea
18 Commissioner Russell: Yea
19 Vice Mayor Feliu: Yea
20 Mayor Robaina: Yea
21
22 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
23 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION
24 TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH
25 NUMBER ONE RANKED FIRM OF M.C. HARRY & ASSOCIATES,
26 FAILING THAT WITH THE SECOND RANKED FIRM OF MATEU
27 CORRENO RIZO & PARTNERS, INC., FAILING THAT TO THE
28 THIRD RANKED FIRM OF BERMELLO AJAMIL & PARTNERS FOR THE
29 DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION
30 ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY
31 OF SOUTH MIAMI MULTIPURPOSE CENTER.
32 3/5
33 Administration explained the approach taken and method used
34 in order to reach this conclusion.
35
36 At the end of the discussion held on this item Mayor Robaina
37 moved, seconded by Vice Mayor Feliu to table this item. Staff
38 was advised to make arrangements to have the Commission members
39 meet with the selection committee and have the nine selected
40 groups do a presentation before the City Commission.
41
42 There, being no further discussion, the motion to table
43 passed by a 4 -1 vote.
44
45 Commissioner Wiscombe: Yea
46 Commissioner Russell: Nay
47 Commissioner Bethel: Yea
48 Vice Mayor Feliu: Yea
49 Mayor Robaina: Yea
50
51 RESOLUTION NO. 60 -00 -10953
REGULAR CITY COMMISSION
Minutes - March 7, 2000
We
1 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS;
3 URGING LOCAL BUSINESSES CHAMBER SOUTH AND THE RED
4 SUNSET MERCHANTS ASSOCIATION TO REQUIRE THAT ALL OF ITS
5 MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND
6 REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR
7 TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE
8 CITY; PROVIDING AN EFFECTIVE DATE.
9 3/5
10 Moved by Commissioner Russell, seconded by Commissioners
11 Wiscombe and Bethel to approve this item.
12
13 The item had been discussed during the City Manager's
14 report.
15
16 There, being no discussion, the motion passed by a 5 -0 vote.
17
18 Commissioner Bethel: Yea
19 Vice Mayor Feliu: Yea
20 Commissioner Wiscombe: Yea
21 Commissioner Russell: Yea
22 Mayor Robaina: Yea
23
24 RESOLUTION NO. 61 -00- 10954
25 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION
27 FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND
28 PROGRAM.
29 3/5
30
31 Moved by Mayor Robaina, seconded by Commissioner Russell to
32 approve this item.
33
34 Administration provided pertinent information regarding this
35 grant request.
36
37 Upon the conclusion of discussion, the motion passed by a 5-
38 0 vote.
39
40 Commissioner Russell: Yea
41 Vice Mayor Feliu: Yea
42 Commissioner Bethel: Yea
43 Commissioner Wiscombe: Yea
44 Mayor Robaina: Yea
45
46 RESOLUTION NO. 62 -00 -10955
47 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
48 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAMPAIGN
49 FINANCING SUPPORTING MIAMI -DADE COUNTY COMMISSIONER
50 JIMMY MORALES' PROPOSAL; PROVIDING AN EFFECTIVE DATE.
51 (Commissioner Russell) 3/5
REGULAR CITY COMMISSION 10
Minutes — March 7, 2000
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Moved by Vice Mayor Feliu, seconded by Commissioner Russell
to approve this item.
Commissioner Russell shared with her colleagues her
reasoning for sponsoring this item.
Upon the conclusion of the discussion, Mayor Robaina
commended Commissioner Russell for taking this action. The City
Clerk was directed to send an executed document to Miami -Dade
County Commissioner Morals.
There, being no further discussion, the motion passed by a
5 -0 vote.
Commissioner Wiscombe: Yea
Commissioner Russell: Yea
Vice Mayor Feliu: Yea
Commissioner Bethel: Yea
Mayor Robaina: Yea
RESOLUTION NO. 63 -00- 10956
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
COMPREHENSIVE EVERGLADES RESTORATION PROJECT; URGING
THE ARMY CORP OF ENGINEER AND THE STATE OF FLORIDA
WATER MANAGEMENT DISTRICT TO MAINTAIN OR ENHANCE
EXISTING WATER LEVELS OF FLOOD PROTECTION IN ALL
URBAN, AGRICULTURAL AND ENVIRONMENTAL PRESERVATION
AREAS; PROVIDING AN EFFECTIVE DATE.
(Commissioner Russell) 3/5
Moved by Commissioner Russell, seconded by Commissioner
Wiscombe to approve this item.
Commissioner Russell shared with her colleagues her way of
thinking for sponsoring this item.
Upon the conclusion of the discussion, Mayor Robaina
commended Commissioner Russell for taking this action. The City
Clerk was directed to send an executed document to Sweetwater
Mayor, Rebeca Sosa.
There, being no further discussion, the motion passed by a
5 -0 vote.
REGULAR CITY COMMISSION
Minutes - March 7, 2000
Commissioner Bethel: Yea
Commissioner Wiscombe: Yea
Commissioner Russell: Yea
Vice Mayor Feliu: Yea
Mayor Robaina: Yea
11
1 RESOLUTION NO. 64 -00 -10957
2 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SETTING
4 GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE
5 CERTAIN MINIMUM INFORMATION AND PROVIDING FOR AN
6 EFFECTIVE DATE.
7 (Vice Mayor Feliu) 3/5
8
9 Moved by Mayor Robaina, seconded by Commissioner Russell to
10 approve this item.
11
12 Vice Mayor Feliu shared his rationale for sponsoring this
13 resolution. Administration was asked to prepare a similar
14 resolution for the next CRA meeting.
15
16 There, being no further discussion the motion passed by a 5-
17 0 vote.
18
19 Commissioner Wiscombe: Yea
20 Commissioner Russell: Yea
21 Vice Mayor Feliu: Yea
22 Commissioner Bethel: Yea
23 Mayor Robaina: Yea
24
25 RESOLUTION NO. 65 -00- 10958
26 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
27 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
28 MANAGER TO ENTER INTO A CONTRACT WITH TEEN PREGNANCY
29 PREVENTION CENTER, INC. TO PROVIDE COUNSELING,
30 PREVENTION, EDUCATION, REFERRAL SERVICES, PREGNANCY
31 AND CONFIDENTIAL HIV TESTING.
32 3/5
33 Moved by Mayor Robaina, seconded by Commissioner Russell to
34 approve this item.
35
36 Administration explained the pertinent issues involved with
37 this agreement.
38
39 Upon conclusion of discussion, the motion passed by a 5 -0
40 vote.
41
42 Commissioner Russell: Yea
43 Vice Mayor Feliu: Yea
44 Commissioner Bethel: Yea
45 Commissioner Wiscombe: Yea
46 Mayor Robaina: Yea
47
48 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
49 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF
50 SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING VICTOR
REGULAR CITY COMMISSION 1 2
Minutes - March 7, 2000
1 DOVER AND JERRY PROCTOR TO SERVE ON THE ZONING TASK
2 FORCE; PROVIDING AN EFFECTIVE DATE.
3 (Mayor Robaina) 3/5
4
5 Because of Mr. Dover's involvement with many on -going
6 development projects the issue of whether he should be eligible
7 to serve on the Board was discussed. Upon conclusion of
8 discussion, it was moved by Mayor Robaina, seconded by
9 Commissioner Russell to table this item. The City Clerk was
10 instructed to contact Mr. Dover to see if he would be willing to
11 serve in a non - voting capacity.
12
13 There, being no further discussion, the motion passed by a
14 5 -0 vote.
15
16 Vice Mayor Feliu: Yea
17 Commissioner Bethel: Yea
18 Commissioner Wiscombe: Yea
19 Commissioner Russell: Yea
20 Mayor Robaina: Yea
21
22 RESOLUTION NO. 66- 00- 10959
23 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED
25 COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93-
26 9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %)
27 MATCHING - CONTRIBUTION TO DEFERRED COMPENSATION PLAN
28 FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS
29 DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS,
30 AND ASSISTANT TO CITY MANAGER.
31 3/5
32
33 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to
34 approve this item.
35
36 Commissioner Russell asked if other employees were being
37 provided with this option.
38
39 Manager Scurr explained that all employees were encouraged
40 to participate in the deferred compensation plan. This
41 particular resolution related to upper and mid level management
42 staff.
43
44 Upon the conclusion of this discussion, the motion passed by
45 a 5 -0 vote.
46
47 Commissioner Russell: Yea
48 Commissioner Bethel: Yea
49 Commissioner Wiscombe: Yea
50 Vice Mayor Feliu: Yea
51 Mayor Robaina: Yea
52
REGULAR CITY COMMISSION 1 3
Minutes - March 7, 2000
1
ORDINANCE (S) FIRST READING
2
3
26.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY
5
RELATIONS BOARD; AMENDING SECTION 2.26.6 OF THE CITY OF
6
SOUTH MIAMI CODE OF ORDINANCES; ENTITLED "COMMUNITY
7
RELATIONS BOARD "; CHANGING THE MEMBERSHIP FROM 15 TO 17
8
MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
9
CONFLICT AND AN EFFECTIVE DATE.
10
(Mayor Robaina) 3/5
11
12
Moved by Mayor Robaina, seconded by Commissioner to approve
13
this
ordinance on first reading.
14
15
Upon conclusion of discussion, motion passed by a 5 -0 vote.
16
17
Commissioner Bethel: Yea
18
Commissioner Wiscombe: Yea
19
Commissioner Russell: Yea
20
Vice Mayor Feliu: Yea
21
Mayor Robaina: Yea
22
23
27.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION
25
BOARD; AMENDING SECTION 16.20(a) OF THE CITY OF SOUTH
26
MIAMI CODE OF ORDINANCES; ENTITLED "PENSION BOARD ";
27
CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS;
28
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
29
AN EFFECTIVE DATE.
30
(Mayor Robaina) 3/5
31
32
Moved by Vice Mayor Feliu, seconded by Commissioner Russell
33
to approve this ordinance on first reading.
34
35
Upon conclusion of discussion, motion passed by a 5 -0 vote.
36
37
Commissioner Wiscombe: Yea
38
Commissioner Russell: Yea
39
Vice Mayor Feliu: Yea
40
Commissioner Bethel: Yea
41
Mayor Robaina: Yea
42
43
28.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
44
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONED AND
45
JUNKED VEHICLES; CREATING A NEW SECTION 15.35.1,
46
ENTITLED "NUISANCE DECLARED FOR ABANDONED VEHICLES ";
47
PROHIBITING STORING, PARKING OR LEAVING ABANDONED
48
VEHICLES ON PRIVATE PROPERTY; PROVIDING FOR
49
DEFINITIONS, NOTICE, REMOVAL AND DISPOSITION OF
50
ABANDONED VEHICLES; PROVIDING FOR ALTERNATIVE REMEDIES
51
AND IMMUNITY OF CODE ENFORCEMENT OFFICERS FROM
REGULAR
CITY COMMISSION 14
Minutes
- March 7, 2000
1 PROSECUTION FOR TRESPASS AND OTHER ACTIONS; REPEALING
2 SECTION 15.35.1, ENTITLED "JUNK, WRECKED, ABANDONED
3 VEHICLES KEEPING ON PRIVATE PROPERTY - PROHIBITED;
4 REPEALING SECTION 15.35.2, ENTITLED "SAME REMOVAL;
5 NOTICE ", REPEALING SECTION 15.35.3, ENTITLED "ADOPTION
6 OF STATUS RELATIVE TO ABANDONED, WRECKED PROPERTY
7 ADOPTED BY REFERENCE ;" REPEALING SECTION 15.35.4,
8 ENTITLED "SAME - ENFORCEMENT EXPENSES, CONSTITUTE LIEN
9 [ON] VEHICLE IN VIOLATION"; AND REPEALING SECTION
10 15.35.5, ENTITLED "CITY MANAGER RESPONSIBLE FOR
11 IMPLEMENTATION OF SECTIONS 15.35.1 THROUGH 15.35.4" OF
12 THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; PROVIDING
13 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
14 EFFECTIVE DATE.
15 (Mayor Robaina) 3/5
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17 Moved by Mayor Robaina, seconded by Commissioners Russell
18 and Bethel to approve this ordinance on first reading.
19
20 Upon conclusion of discussion, motion passed by a 5 -0 vote.
21
22 Commissioner Russell: Yea
23 Vice Mayor Feliu: Yea
24 Commissioner Bethel: Yea
25 Commissioner Wiscombe: Yea
26 Mayor Robaina: Yea
27
28
29 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
30 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
31 RECORDS RETENTION SCHEDULE; AMENDING SECTION 2 -18(f) OF
32 THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ENTITLED
33 "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC RECORDS ";
34 ADOPTING THE STATE OF FLORIDA GENERAL RECORDS SCHEDULE
35 FOR STATE AND LOCAL GOVERNMENT AGENCIES (SCHEDULE GS1);
36 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
37 AN EFFECTIVE DATE.
38 (Commissioner Russell) 3/5
39
40 Moved by Commissioner Russell, seconded by Mayor Robaina to
41 approve this ordinance on first reading.
42
43 Administration made clear the justifying circumstances
44 involved with this particular item.
45
46 Upon conclusion of discussion, motion passed by a 5 -0 vote.
47
48 Vice Mayor Feliu: Yea
49 Commissioner Bethel: Yea
50 Commissioner Wiscombe: Yea
51 Commissioner Russell: Yea
REGULAR CITY COMMISSION 15
Minutes - March 7, 2000
1 Mayor Robaina: Yea
2
3 30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HOME
5 OCCUPATIONS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH
6 MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -2.3
7 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF HOME
8 OCCUPATIONAL; BY REVISING SECTION 20- 2.3(D) ENTITLED
9 "PERMITTED USE SCHEDULE" TO ALLOW HOME OCCUPATIONS AS A
10 PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS; BY
11 REVISING SECTION 20- 3.6(P) ENTITLED "OCCUPATIONAL
12 LICENSE - HOME LOCATION PERMITTED" TO PROVIDE
13 ADDITIONAL REQUIREMENTS AND CONDITIONS FOR HOME
14 OCCUPATIONS; BY REVISING SECTION 20.5.5 ENTITLED
15 "APPLICATIONS REQUIRING PUBLIC HEARING," TO ELIMINATE
16 PUBLIC HEARINGS FOR HOME OCCUPATIONAL LICENSE; BY
17 REVISING SECTION 20 -6.1 (B) (3) (e) TO ELIMINATE PLANNING
18 BOARD REVIEW OF HOME OCCUPATIONAL LICENSES, PROVIDING
19 FOR SEVERABILITY; ORDINANCES IN CONFLICT'; AND PROVIDING
20 AN EFFECTIVE DATE.
21
22 Moved by Vice Mayor Feliu, seconded by Commissioners Russell
23 and Bethel to approve this ordinance on first reading.
24
25 Administration explained the relevant details surrounding
26 this particular item.
27
28 Mayor Robaina indicated the importance of making sure City
29 personnel had free access to inspect the home business. A
30 recommendation was made by Attorney Gallop to deal with the
31 "probable cause" issue at the second reading.
32
33 Upon conclusion of discussion, motion passed by a 5 -0 vote.
34
35 Commissioner Bethel: Yea
36 Commissioner Wiscombe: Yea
37 Commissioner Russell: Yea
38 Vice Mayor Feliu: Yea
39 Mayor Robaina: Yea
5C
41 PUBLIC REMARKS
42
43 The following individuals were afforded an opportunity to
44 make comments: 1) Mr. David Tucker, Sr., of 6556 SW 78th Terrace,
45 South Miami, Florida; and 2) Mr. David Scott a representative
46 from the Elks Lodge residing at 7425 SW 59th Court, South Miami,
47 Florida.
48
49 COMMISSION REMARKS
50
REGULAR CITY COMMISSION 16
Minutes - March 7, 2000
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Commissioner
participating in
his office hours
6:00 p.m.
Wiscombe voiced his anticipation of
the Women Build III. He further announced that
would be held on Wednesdays between from 4:30-
Commissioner Russell indicated that the Sunset Median
landscape project was underway. She asked that administration
provide the Senior Citizens building with an American Flag. She
thanked her colleagues for their support of the legislation she'd
sponsored on tonight's agenda.
Vice Mayor Feliu referenced the 1999 Crime Statistics for
the City of South Miami and commended the City Manager, Chief of
Police, Assistant Chief and police officers for an excellent job.
Commissioner Bethel voiced his anticipation of participating
in the Women Build III event.
Mayor Robaina encouraged everyone to come out for the Women
Build III event. He further congratulated the police department
for the positive 1999 Crime Statistics. He shared highlights from
a wonderful Greek event he'd attended the previous weekend. He
further congratulated everyone associated with the South Miami
Arts and Crafts Festival. He announced: 1) the Village of
Pinecrest would be holding its third year anniversary event; and
2) Crime Watch organizational meeting scheduled for Thursday,
March 9th at Hope Lutheran Church.
Mayor Robaina asked that Wounded Healers, Inc., be provided
an opportunity to do the dry wall work at the Phase One
Multipurpose Center.
After there was no further business to come before this
Body, the meeting adjourned at 12:15 a.m., with Vice Mayor Feliu
delivering inspirational parting words.
Attest
City Clerk
REGULAR CITY COMMISSION
Minutes — March 7, 2000
Approved
17
Mayor
4� �y
I CITY OF SOUTH MIAMI
2 COMMUNITY REDEVELOPMENT AGENCY /ADVISORY BOARD
3 MINUTES
4 DECEMBER 69 1999
5
6 Call to Order:
7
8 The City of South Miami Community Redevelopment Agency and Community
9 Redevelopment Agency Advisory Board met in joint session on Monday, December 6, 1999
10 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive.
11
12 A. Roll Call:
13 The following members of the Community Redevelopment Agency were present,
14 Chairperson Julio Robaina, Vice Chairperson Mary Scott Russell, Members Ann Bass, James
15 Bowman and Charete Plummer. Members David D. Bethel and Horace G. Feliu were not
16 present. The following members of the Community Redevelopment Agency Advisory Board
17 were present, Members Lee Perry, David Tucker, Sr., Charles Foschini and Helen Diaz.
18
19 Also in attendance were CRA Director Diana Morris, CRA Consultant Don Delaney, and
20 CRA General Counsel John Dellagloria.
21
22 B. Approval of Minutes
23 Due to preparations for the Holiday Food Drive the City Clerk's office was unable to
24 prepare minutes for this month. Minutes would be provided at a later date. Moved by
25 Chairperson Robaina, seconded by Vice Chairperson Russell to defer the approval of minutes.
26 The motion passed by a 5 -0 vote.
27
28 Member Bowman: Yea
29 Member Plummer: Yea
30 Member Bethel: Not present
31 Member Feliu: Not Present
32 Vice Chairperson Russell: Yea
33 Chairperson Robaina: Yea
34
35 C. Resolutions.
36
37 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY
38 REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF
39 AN AMENDMENT TO THE AGREEMENT FOR TROLLEY SYSTEM
40 SERVICES WITH HEALTH TRANS, INC.
41
42 Ms. Morris explained the particulars associated with this lease amendment. A 12 month
43 extension was added to the contract.
44
45 CRA General Counsel Dellagloria explained the extension clause of the agreement.
46
CRA - MINUTES 1
DECEMBER 6, 1999
I Upon a motion being duly made by Chairperson Robaina and seconded by Vice
2 Chairperson Russell, it passed by a 5 -0 vote.
3
4 Vice Chairperson Russell: Yea
5 Member Bethel: Not Present
6 Member Feliu: Not present
7 Member Bowman: Yea
8 Member Plummer: Yea
9 Member Bass: Yea
10 Chairperson Robaina: Yea
11
12 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY
13 REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF A
14 REQUEST FOR PROPOSALS AND QUALIFICATIONS FOR URBAN
15 INFILL HOUSING REDEVELOPMENT.
16
17 Mr. Delaney explained the specifics and process involved with this resolution. He said
18 the terms would allow the developer to receive $10,000.00 from the CRA TIFF Fund for each
19 home built. The City's CRA program is more innovate because it allows the funds to be spent
20 on anything that is tied directly to the development of a home.
21
22 Chairperson Robaina afforded representatives from Habitat and Jubilee to come forward
23 for comments.
24
25 Ms. Cathy McCann, President of Greater Miami Habitat appeared before the CRA Board.
26 She related that Habitat at present has invested 1.4 Million Dollars in the City of South Miami.
27 She spoke in favor of the $10,000.00 policy.
28
29 Chairperson Robaina asked where would Habitat be utilizing the $10,000.00?
30
31 Ms. Ann Manning, Director of Habitat appeared before the City Commission and shared
32 that her organization hadn't put together a formal package. However, they were told during the
33 initial discussion what the funds could not be used for.
34
35 Mr, Frank Guidof, Executive Director of Jubilee Community Development Corporation
36 appeared before the CRA Board. He conveyed that his organization is very encouraged by the
37 way this Infill Housing program is set up. He said that he wasn't prepared at this time to say
38 how the money would be spent.
39
40 CRA Advisory Board Member Diaz asked when would there be a finished product from
41 Jubilee?
42
43 Mr. Guidof indicated that Jubilee had just completed a 90 -unit rental development in
44 Florida City. In January 2000, Jubilee would be breaking ground on a 30 -unit Condominium
45 development in Little Havana.
46
47 Moved by Chairperson Robaina, seconded by Member Bass to approve the resolution.
CRA - MINUTES 2
DECEMBER 6, 1999
2 There, being no further discussion, the motion passed by a 5 -0 vote.
3
4 Member Feliu: Not present
5 Member Bethel: Not present
6 Member Plummer: Yea
7 Member Bass: Yea
8 Member Bowman: Yea
9 Vice Chairperson Russell: Yea
10 Chairperson Robaina: Yea
11
12 D. Presentation by Planning Department — Planning Maps
13
14 Mr. Subrata Basu, the City's Assistant City Manager and Planning Director appeared
15 before the CRA Board to provide an overview of the two primary documents that governs any
16 development within the City of South Miami: 1) Comprehensive Master Plan which is the City's
17 road map that establishes the City's Goals and Objectives. The Comprehensive Master Plan is
18 updated every five years. It was last updated in 1995. The law also allows amendments once or
19 twice a year depending on the need; and 2) Land Development Code which is an implementation
20 document. It provides guidelines on how to implement the Goals and Objectives established in
21 the Comprehensive Master Plan. This zoning code establishes development regulations. The
22 two predominately land uses in the CRA area are: 1) residential and 2) TODD. There are three
23 land use categories of TODD in the CRA area; 1) Mixed -Use 4 which is limited to two stories; 2)
24 Mixed -Use 5 which is limited to four stories plus a four -story bonus provided the developer
25 provides certain amenities; and 3) Light Industrial 4 which is limited to two stories.
26
27 Mr. Basu indicated that any legislative action involving zoning applications in the CRA
28 area would go through the CRA Advisory Board, the CRA Board as well as the Planning Board
29 and other boards that would normally be used for their recommendation. He detailed the length
30 of the application process and the application fee associated with certain development elements.
31
32 CRA Advisory Board Member Diaz asked how many of those cases violate Miami -Dade
33 County's Master Plan?
34
35 Mr. Basu indicated that the City of South Miami's Comprehensive Master Plan was the
36 only "Plan" to be considered in this process. He highlighted the particulars of the Hometown 11
37 Plan and indicated that the Future Land Use Map was based on the Hometown II Plan as well as
38 the Zoning Code.
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40 Chairperson Robaina commended Mr. Basu for this presentation.
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42 Mr. Delaney related that the CRA is in discussions with a medical learning institution to
43 put a medical campus and facility on the block behind the Sheraton Four Points Hotel. He asked
44 Mr. Basu about the allowable zoning on this particular lot.
45
CRA — MINUTES 3
DECEMBER 6, 1999
I Mr. Basu said this lot is zoned "MO Medium Office -four- story. He shared that the
2 City Commission would be implementing a Zoning Task Force and detailed the composition of
3 that Task force as well as scope of responsibility.
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5 Mr. Delaney asked how would the City's professional staff advocate expanding the
6 TODD to include the lot presently zoned "MO"? He said that if the CRA decided that a medical
7 facility is what it wanted in the CRA area, staff would be making a request to revisit this zoning.
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9 Mr. Basu voiced his opinion that what Mr. Delaney is suggesting would require a
10 Comprehensive Master Plan amendment. He said the use is allowed however the issue is the
11 height.
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13 E. Report on November 13th Neighborhood Clean Up.
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15 Ms. Morris reported on the success of the Neighborhood Clean -up held on November
16 13th. She indicated that two thousand tons of trash was picked up during this event. She
17 acknowledged the Parks & Recreation Landscape Division, Code Enforcement Division and the
18 Public Works Department for their efforts during this event.
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20 Chairperson Robaina explained that the CRA was still doing "quick victory" projects
21 even though Miami -Dade County had awarded TIF fund funds haven't been received by the
22 CRA as of yet.
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24 CRA Advisory Board Member Tucker commended the volunteers for their efforts during
25 this clean -up project.
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27 Vice Chairperson Russell acknowledged and commended the CRA Advisory Board
28 members for also volunteering during this clean -up event. She suggested coming up with a name
29 other than "quick victory."
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31 F. Up -date on Budget Approval Process
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33 Mr. Delaney said staff was successful in getting approval of the final budget from the
34 Miami -Dade County TIF Committee. He said staff was also successful in protecting the
35 repayment to the City, which was raised from $21,000.00 to $57,000.00. The recommendation
36 from the TIF Committee will be going before the Miami -Dade County Commission for final
37 approval some time in January 2000.
38
39 G. Community Beautification Project
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41 Ms. Morris credited Chairperson Robaina for conung up with this idea after some of the
42 landscaping materials were taken after the November 13th Clean -up project. She detailed that the
43 program would purchase or solicit donated plants for resale at a minimum cost or for the
44 donation of can goods for a plant planting day event. She said a suggestion was made to tie this
45 project in with the holiday food drive.
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CRA - MINUTES 4
DECEMBER 6, 1999
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Chairperson Robaina further explained that a lot of the very colorful plants that were
planted during the clean -up day event disappeared from the planters and were planted in
someone else's front yard.
Vice Chairperson Russell indicated that this was an excellent idea.
Member Bass asked for further clarification about the program.
Ms. Morris said that if the CRA could purchase the plants at a good price they could be
resold for as little as ten cents each or if this program can be implemented in time it could tie in
with the City's food drive whereby people would donate a can good in exchange for plant
materials.
Upon conclusion of the discussion and a consensus of the CRA Board the price of a
quarter for a plant was approved for this program.
Moved by Chairperson Robaina, seconded by Vice Chairperson Russell and Member
Bass to authorize Ms. Morris to spend up to $500.00 for this purpose.
There, being no further discussion, the motion passed by a 5 -0 vote.
Member Feliu:
Member Bethel:
Member Plummer:
Member Bass:
Vice Chairperson:
Member Bowman:
Chairperson Robaina:
Not present
Not present
Yea
Yea
Yea
Yea
Yea
H. Staff Comments
Mr. Delaney reported that staff was successful in scheduling a meeting with Mr.
Rodriguez of Miami -Dade County HUD for this coming Thursday at 11:00 a.m.
I. Public Comments
Ms. Yvonne Beckman 5871 SW 83`d Street appeared before the CRA Board and related
that she was trying to get more detailed information from data she'd received from the City
Manager regarding moneys spent by the CRA. She voiced concern with the appointment of
Thomas Todd Cooper to the Planning Board and his involvement with Jubilee.
Chairperson Robaina said that when and if there is a conflict of interest Mr. Cooper
would recuse himself from the proceeding.
Ms. Beckman questioned the ethics of the Commission members serving on the CRA
Board.
CRA - MINUTES
DECEMBER 6, 1999
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CRA General Counsel Dellagloria explained that pursuant to Florida Law the City
Commission could comprise the Community Redevelopment Agency. This composition has also
been recognized by Miami -Dade County.
Ms. Beckman questioned the $10,000.00 Infill Housing contribution and asked if this
award was for a single - family home.
Staff responded and indicated that this was for a single- family home.
Ms. Beckman questioned the liabilities associated with a proposed construction of a
development.
Mr. Delaney said there was no liability for the CRA or the City.
CRA General Counsel further elaborated on Mr. Delaney's answer and indicated that this
would be taken care of during the agreement process.
Ms. Beckman asked for clarification between Hometown I and Hometown II.
Chairperson Robaina explained that each represented a different Charrette that had
occurred in different areas.
Ms. Beckman broached the Community Beautification Program and voiced her opinion
that people were being rewarded for stealing.
Chairperson Robaina encouraged Ms. Beckman to look at the positive side and not dwell
on the negative.
Vice Chairperson Russell voiced her support of the Community Beautification Program.
She said that she did not find it amusing that the plants were stolen but is happy a way was found
to resolve the situation.
Ms. Beckman mentioned the proposed medical campus and facility and asked that the
City's Land Development Code, Comprehensive Plan and Hometown Plan be adhered to.
CRA Advisory Board Member Tucker addressed his comments to Ms. Beckman and
indicated that there are ways to accomplish goals and achieve the objectives. He voiced his
support of the Community Beautification Program.
J. General Comments from CRA Board
Member Bass voiced her support of the beautification project and shared that if one of
her neighbors stole her plants she could feel sorry for them for having to resort to this or choose
to get angry or mad however it be nice if someone decided that if it was that much of a need
they'd provide everybody with plants.
CR4 - MINUTES 6
DECEMBER 6,1999
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Vice Chairperson Russell mentioned the Workforce Investment Act and committing the
CRA to collaborate with local teaming institutions in an effort to assist with technical training to
prepare residents for local jobs. She said that she'd provided Ms. Morris with applicable
information regarding this issue.
Ms. Gladys Diaz of 4722 SW 67th Avenue appeared before the CRA Board to share her
community involvement by working with Wounded Healers, Inc specifically in the construction
industry. She related that the participants were having a problem getting to and from the job
sites.
By acclamation staff was directed to pursue the Workforce Investment Act.
Chairperson Robaina thanked staff for doing an excellent job.
Each member of the CRA Advisory Board was afforded an opportunity to make
comments.
K. Adjournment
After there was no further business to come before this Body the meeting adjourned at
approximately 8 :57 p.m.
Approved
Attest:
CRA Chairperson
CRA Secretary
CRA - MINUTES 7
DECEMBER 6, 1999
To: Mayor & Commission Date: March 17, 2000
From: Charles D. Scurr Agenda Item # 3
Ci ty Manager er Re: Comm. Mt .3 1 /00
g
LDC Amendment: Permitted Uses
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO
REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE "NR ",
NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS:
The attached ordinance amends the City's Permitted Use Schedule. The revision is in response
to concerns that gasoline service stations are not a compatible use either within or adjacent to
residential neighborhoods.The City's Land Development Code currently allows service stations
as a special use (requires public hearing and adherence to special conditions) in the
neighborhood and general retail districts and in the TODD district .Based upon the goals and
objectives of the City's Comprehensive Plan pertaining to the preservation of single- family
residential neighborhoods and the elimination of uses inconsistent with community character it
would be appropriate to amend the Land Development Code to remove gasoline service stations
as a special use in the "W', Neighborhood Retail District.
RECOMMENDATION: Approval on first reading and transmittal to the Planning Board
for public hearing and recommendation.
Attachment:
Proposed Ordinance
I ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA, RELATING TO PERMITTED USES; AMENDING
7 CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY
8 REVISING SECTION 20- 3.3(D) ENTITLED, "PERMITTED USE SCHEDULE" TO
9 REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE "NR",
10 NEIGHBORHOOD RETAIL ZONING DISTRICT; PROVIDING FOR SEVERABILITY,
11 ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
12
13
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15 WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a
16 program to update, clarify, and improve the provisions of the City's Land Development Code;
17 and
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19 WHEREAS, the South Miami Comprehensive Plan states that the City should preserve and
20 enhance the quality of life in existing single - family residential neighborhoods and should
21 eliminate uses inconsistent with community character(Land Use Element, Goal 1, Objective 1.1);
22 and
23
24 WHEREAS, after review and consideration, the Planning and Zoning Department has
25 determined that allowing gasoline service stations within neighborhood oriented zoning districts
26 is inconsistent with the City's Comprehensive Plan and an appropriate amendment to the Land
27 Development Code should be prepared; and
28
29 WHEREAS, a specific amendment to Section 20- 3.3(D) of the Land Development Code has
30 been prepared in order to remove gasoline service stations as a special use in the `NR' ,
31 Neighborhood Retail Zoning District; and
32
33 WHEREAS, on, after Public Hearing regarding the proposed
34 amendment to, Section 20- 3.3(D) of the Land Development Code, the Planning Board voted
35 to transmit the proposed amendment to the City Commission; and
36
37 WHEREAS, the City Commission desires to accept the recommendations of the Planning
38 Board and enact the aforesaid amendment.
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42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
44
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47 Section 1 That Section 20- 3.3(D), entitled, "Permitted Uses," of the South Miami Land
48 Development Code is hereby amended to read as follows: