05-02-00�A
my
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: May 2, 2000 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: May 16, 2000 Phone: (305) 663 -6340
Time: 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all- legislative, quasi - judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
%;ALL 1 U UKULK:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) (to be heard at 7:00 p.m.)
Assistant Chief Greg Feldman - Seatbelt Safety
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
April 18, 2000 - Regular City Commission Minutes
REGULAR CITY COMMISSION 1
AGENDA — May 2, 2000
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S
FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF $4,430.79, CHARGING
$2,535.25 TO ACCOUNT NO. 608 -1910- 521 -3100,
PROFESSIONAL SERVICES, AND CHARGING THE $1,895.54 TO
ACCOUNT NO. 100 - 514 -3410, LEGAL SERVICES -NON RETAINER;
PROVIDING AN EFFECTIVE DATE.
3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REGULAR
PENSION BOARD; APPOINTING RICK FREEBURG TO SERVE FOR A
TWO YEAR ,TERM ENDING MAY 2, 2002 OR UNTIL A SUCCESSOR
IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE
DATE.
(Mayor_ Robaina) 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATIONS BOARD; RE- APPOINTING PINKY SANDS AND LARRY A.
LIGAMMARE TO SERVE FOR TWO YEAR TERMS ENDING MAY 2,
2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND
QUALIFIED; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING
BOARD; APPOINTING WILLIAM LIDDY TO SERVE AN UNEXPIRED
TERM ENDING APRIL 11, 2002 OR UNTIL A SUCCESSOR IS DULY
APPOINTED AND QUALIFIED; APPOINTING JUAN COMENDEIRO TO
SERVE FOR A TWO YEAR TERM ENDING MAY 2, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING
FOR 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 THE ANNUAL
JULY 4TH CELEBRATION, AUTHORIZING THE PURCHASE OF
FIREWORKS BY THE PARKS & RECREATION DEPARTMENT FOR A
TOTAL PRICE NOT TO EXCEED $6,500.00 (SIX THOUSAND FINE
HUNDRED DOLLARS) ; AND PROVIDING FOR DISBURSEMENT FROM
ACCOUNT NUMBER 2000- 4820, "FOURTH OF JULY- FIREWORKS.'°
3/5
REGULAR CITY COMMISSION 2
AGENDA — May 2, 2000
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
SUPPORT THE BUCKLE UP FLORIDA 2000 SEATBELT AND CHILD
RESTRAINT SAFETY ENFORCEMENT INITIATIVE.
3/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXTEND A PREVIOUS OPEN PURCHASE ORDER WITH
TROPICAL FALLS LANDSCAPE, INC., FOR THE PURCHASE OF A
BLOCK OF 100 "SATIN LEAF" TREES TO BE UTILIZED FOR CITY
ROAD PLANTINGS AND DISBURSE THE AMOUNT OF $20,000.00
FROM ACCOUNT 250- 519 - 4625 , "LANDSCAPE IMPROVEMENTS.-
3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $22,500 FROM
ACCOUNT #615- 1910 -521- 330 -100 AND #615- 1910 - 521 -100
(FEDERAL FORFEITURE) FOR SPECIAL OPERATIONS AND
INVESTIGATIONS BY THE POLICE DEPARTMENT.
3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) PUBLIC HEARING
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE
A GENERAL RESTAURANT IN THE "SR ", SPECIALTY RETAIL
DISTRICT SPECIFICALLY LOCATED AT MYRA & COMPANY'S DAY
SPA, 7313 SW 59 COURT.
4/5
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST
PURSUANT TO SECTION 20 -3.4 (B) (4) (b) OF THE LAND
DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
GENERAL RESTAURANT IN THE "SR ", SPECIALTY RETAIL
DISTRICT SPECIFICALLY LOCATED AT 5898 SUNSET DRIVE.
4/5
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS;
APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF
REGULAR CITY COMMISSION 3
AGENDA — May 2, 2000
HERNANDEZ V. CITY OF SOUTH MIAMI; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT; DIRECTING PERFORMANCE
OF CERTAIN REQUIREMENTS UNDER THE AGREEMENT; PROVIDING
AN EFFECTIVE DATE.
3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CLAIMS;
APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF RATNER
V. CITY OF SOUTH MIAMI; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; DIRECTING PERFORMANCE OF CERTAIN
REQUIREMENTS UNDER THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE.
3/5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING THE DESIGN FOR EIGHT
SINGLE - FAMILY RESIDENTS, LOTS 9, 10, 13, 20, 23, 59, 60
AND 62, IN THE GABLES EDGE DEVELOPMENT, LOCATED ON
MILLER DRIVE.
3/5
RESOLUTION (S)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
SAFETY; COMMENDING SMITH & WESSON FOR INSTALLING CHILD -
PROOF LOCKS ON WEAPONS; PROVIDING AN EFFECTIVE DATE.
(Vice Mayor Feliu) 3/5
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKING
POLICIES, LIMITING THE HOURS OF PAID PARKING AT CITY
METERS FROM 9:00 AM UNTIL 9 :00 PM AND EXTENDING CURRENT
TWO HOUR PARKING METERS TO THREE HOURS; AND PROVIDING
AN EFFECTIVE DATE.
(Commissioner Russell) 3/5
ORDINANCE (S) FIRST READING
19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
SAFETY; AMENDING SECTION 15 -7, OF THE CODE OF
ORDINANCES TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR
FIREARMS "; REQUIRING LOCKING DEVICES ON FIREARMS STORED
IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC DUTY;
REGULAR CITY COMMISSION 4
AGENDA - May 2, 2000
PROVIDING CIVIL PENALTIES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
(Commissioners Russell & Bethel) 3/5
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. I (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
PUBLIC REMARKS
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 5
AGENDA - May 2, 2000
...........................
my CITY OF SOUTH MIAMI
To: Mayor and Commission Date: April 28, 2000
From: Earl G. Gallop Agenda Item #
City Attorney Commission Meeting May 2, 2000
Attorney's Fees Nagin, Gallop and
Figueredo, P.A.
The attached resolution is for Legal Services for the City Attorney in the total amount of
$4,430.79. The accounts are summarized below:
Account
Available Balance
This Invoice
Consulting — Real Property/Foreclosure
$ 13,184.87
$
Account # 1500 -3435
Professional Services -
$ 3,000.00
$ 2,535.25
Account # 608 -1910- 521 -3100
CRA Fund— General Legal
$ 20,110.00
$
Account #610- 1120 -554 -3415
Legal Services Non Retainer
$ 31,031.35
$ 1,895.54
Account # 1500 -3410
A detailed Billing Statement is attached.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR
NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
$4,430.79, CHARGING $2,535.25 TO ACCOUNT NO. 608 -1910-
521- 3100, PROFESSIONAL SERVICES, AND, CHARGING THE
$15895.54 TO ACCOUNT NO. 1500 -514 -3410, LEGAL
SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187,
authorizing payment of City Attorney non - retainer attorneys' fees and costs; and,
WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City
for legal services rendered, and costs advanced, for the period ending
March 31, 2000, in the amount of $4,430.79; and,
WHEREAS, the City Attorney recommends payment of the attached
invoices'.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorneys' fees and costs received from
Nagin Gallop Figueredo, P.A., in the total amount of $4,430.79, are approved for
payment and charging $2,535.25 to Account No. 608 - 1910 -521 -3100, Professional
Services, and $1,895.54 to Account No. 1500- 514 -3410, Legal Services Non
Retainer.
Section 2. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this
day of , 2000.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Robaina:
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Vice Mayor Feliu:
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Commissioner Wiscomb:
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CITY ATTORNEY
Commissioner Bethel:
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Commissioner Russell:
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Page 2 of 2
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Ronetta Taylor Date: April 12, 2000
From: Earl Gallop Re: Statements for Professional Services
Nagin Gallop Figueredo
Please distribute the enclosed statements to the mayor and city commission and place
the attached resolution for payment of attorney's fees on the next agenda. Thank you.
U
NAGIN GALLOP FIGTEREDO `A.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351
April 12, 2000
Charles D. Scurr, City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Re: STATEMENTS FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Scurr:
Enclosed are our statements for professional services rendered and for costs advanced for the
period ending March 31, 2000, in the amount of $4,430.79 I tabulated the amounts due on each
individual file as follows:
0022 -010
Asher v. City of South Miami
Prof 1 Services
$175.00
Disbursements
0
Total Due
$175.00
0022 -023
Parking Garage Contract
Prof I Services
$577.50
Disbursements
35.04
Total Due
$612.54
0022 -034
CSM v. Third Group Mortgage
Prof 1 Services
$542.50
Disbursements
4.00
Total Due
$546.50
0022 -037
Forfeiture in re 1993 Mazda
Prof 1 Services
$30.00
Disbursements
0
Total Due
$30.00
0022 -042
Forfeiture in re 1981 Oldsmobile
Prof I Services
$560.00
Cutlas
Disbursements
8.00
Total Due
$568.00
0022 -043
Forfeiture in re 1993 Ford Escort
Prof I Services
$370.00
Disbursements
13.25
Total Due
$383.25
0
Charles D. Scurr, City Manager
April 12, 2000
Page 2 of 2
0022 -045 Weinstock v. Egnacio Prof'1 Services $540.00
Disbursements 0
Total Due $540.00
0022 -046 Merrick v. City of South Miami Prof 1 Services $12.50
Disbursements 9.00
Total Due $21.50
0022 -048 Forfeiture in re 1985 Blue Chevy Prof 'l Services $470.00
Van Disbursements 176.00
Total Due $646.00
0022 -049 Forfeiture in re 1996 Beige Chevy Prof 1 Services $380.00
Pick -Up Truck Disbursements 176.00
Total Due $556.00
0022 -050 Forfeiture in re 1998 Green Honda Prof 1 Services 0
Four Door Disbursements $176.00
Total Due $176.00
0022 -051 Forfeiture of 1993 White 2 Door Prof 'l Services 0
Mercedes Benz Disbursements $176.00
Total Due $176.00
CURRENT TOTAL DUE $4,430.79
Do not hesitate to call me if you have any questions regarding these statements.
EGG:daj
Cc: Mayor and City Commission
Very truly yours,
i �- - )'�
Earl G. Gallop
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Nagin Gallop Figueredo, P.A. Req. No. 14
Date: April 12, 2000
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
7
Professional Services
608 - 1910 -521 -3100
$2,535.25
$2,535.25
00�Cl lv
Balances Verified (Except As
Otherwise Noted)
(Forfeitures)
ead of Department
Finance Department
City Manager
2
5
Legal Services -Non Retainer
1500 -514 -3410
$1,895.54
$1,895.54
TOTAL $ 4,430.79
Purchase Order No. I Terms /Discount
I Hereby Certify That The Above
Coding of Accounts Approved
Purchases as Above Approved and
Material, Equipment, Or Service Is
Issuance of Purchase Order
Essential And A Proper Request
Authorized
Sufficiency of Appropriation
Against The Codes Charge
00�Cl lv
Balances Verified (Except As
Otherwise Noted)
ead of Department
Finance Department
City Manager
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter ID: 0022 -037
Forfeiture in re 1993 Mazda
Statement No. 6482
Hours
03/15/2000 EAB Prepared new motion for default for judge's signature, as clerk will 0.30
not issue default on an amended return of service; prepared notice
of hearing; telephone conference with AC Feldman updating him on
status of default
Total Professional Services
Rate Summary
Eve A. Boutsis 0.30 hours at $100.00 /hr
Total hours: 0.30
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
30.00
To be properly credited, please indicate Statement Number on your remittance check.
Amount
30.00
30.00
N co so
ll
30.00
90.00
0.00
120.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 4, 2000
Charles D. Scurr Matter ID: 0022 -042 y
City Manager
City of South Miami In Re: Forfeiture of: One 1981
6130 Sunset Drive Statement No. 6485
City of South Miami, FL 33143
Hours Amount
03/01/2000 EAB Prepared notice of production from non - party, subpoena, notice of 1.70 170.00
trial, and motion to compel; prepared letter to Mr. Pizzi, counsel for
claimant, requesting written confirmation whether claimant will
waive jury trial; contacted Judge Kay's judicial assistant and
learned that Judge Hubbard has taken over Judge Kay's docket;
telephone conference with A.C. Feldman regarding disposition of
the claimants drug charges
03/02/2000 EAB Prepared third party subpoenas to Criminal Court and State 0.40 40.00
Attorney's Office regarding claimant's criminal record for companion
case
03/15/2000 EAB Telephone conference with Mr. Pizzi regarding conflict for hearing 0.20 20.00
on motion to compel and his request to reschedule hearing;
telephone conference with AC Feldman regarding possible trial of
matter, cost of trial, City Manager's consent to trial and possible
settlement value of matter
03/17/2000 EAB Telephone conference with Mr. Pizzi regarding settlement 0.40 40.00
negotiations, production due, and trial of the case in front of jury
03/20/2000 EAB Prepared second set of interrogatories and requests for production 0.50 50.00
to claimant; telephone conference with AC Feldman regarding this
second request for production and obtained copy of the theft (from
impound) report on items contained in the vehicle
03/22/2000 EAB Received and analyzed interoffice memorandum regarding 0.30 30.00
communication between Mr. Gallop and AC Feldman regarding trial
and possible settlement of action; telephone conference with AC
Feldman regarding same issue and discussed continuance of
discovery proceedings so that City obtains all evidence as to items
taken from vehicle during the theft (serial numbers on rims, cd
player etc)
03/22/2000 EAB Prepared motion for summary judgment of forfeiture as no issues of 1.60 160.00
material fact are in dispute
03/29/2000 EAB Prepared order on City's motion to compel production and reviewed 0.50 50.00
production responses by claimant; conducted legal research on
issue of discovery and a motion to compel production
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -042 Statement No.: 6485 Page: 2
Total Professional Services
Rate Summary
Eve A. Boutsis 5.60 hours at $100.00 /hr 560.00
Total hours: 5.60
Expenses
Parking Charge 8.00
Sub -total Expenses: 8.00
Payments
03/21/2000 Payment q #26916
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
960.70
Sub -total Payments: 960.70
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
560.00
0 fI
568.00
1,083.95
960.70
691.25
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 4, 2000
Matter ID: 0022 -043
City Manager
In Re: Forfeiture of One 1993
City of South Miami
6130 Sunset Drive Statement No. 6486
City of South Miami, FL 33143
Hours Amount
03/15/2000 EAB Telephone conference with AC Feldman regarding tomorrows 0.20 20.00
Expenses
Total hours: 3.70
Legal research 5.25
Parking Charge 8.00
Sub -total Expenses: 13.25
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
hearing on default and motion to compel discovery
03/16/2000 EAB
Attended motion to compel and motion for default against claimant
1.30 130.00
03/23/2000 EAB
Conducted legal research on waiver of sovereign immunity by City
1.50 150.00
in connection with counterclaim filed for false arrest, pre - filing
notice requirements for claim against the City; prepared reply,
motion to dismiss and motion for more definite statement
03/30/2000 EAB
Received notice of dismissal due to lack of prosecution from Judge
0.70 70.00
Postman; contacted Judge Postman's judicial assistant regarding
the error (j.a. used caption for City's action, but case number for a
1999 action), informed j.a. of error, that action is actually before
Judge Cardonne and that action is at issue; prepared confirming
letter to Postman, Cardonne. and all parties regarding J.A.'s
acknowledgment of error, her decision to discard the incorrect
notice, and informing all parties that City's action is still valid and
that all deadlines remain valid
Total Professional Services 370.00
Rate Summary
Eve A.
Boutsis 3.70 hours at $100.00 /hr
370.00
Expenses
Total hours: 3.70
Legal research 5.25
Parking Charge 8.00
Sub -total Expenses: 13.25
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -043 Statement No.: 6486 Page: 2
Payments
03/21/2000 Payment q #26916 1,967.88
Sub -total Payments: 1,967.88
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
370.00
13.25
383.25
2,189.38
1,967.88
604.75
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida-33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 4, 2000
Matter ID: 0022 -045
City Manager
David Weinstock v. Egnacio
City of South Miami
6130 Sunset Drive Statement No. 6488
City of South Miami, FL 33143
03/28/2000 EAB Telephone conference with opposing counsel regarding his 0.40 60.00
assertion that city released liens; various telephone conferences
with Eva Rosa and Sonia Lama regarding asserted release of liens
and copy of memorandum in Building Dept. file listing amounts
(including interest) and cost for release of liens; prepared
memorandum to file
03/29/2000 EAB Various telephone conferences with Arnold Lieberman and counsel 0.50 75.00
for Perez -Galan Rebozo regarding release of liens and pending
summary judgment hearing, which Mr. Lieberman cancelled
(originally scheduled for 3/30/00); discussion with and
memorandum to file and Mr. Gallop regarding possible release
issues
Rate Summary
Eve A. Boutsis
Total Professional Services 540.00
3.60 hours at $150.00 /hr 540.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
03/22/2000
EAB Prepared motion and memorandum of law in opposition to
1.60 240.00
summary judgment
03/23/2000
EAB Telephone conference with Courier /paralegal regarding City's
0.10 15.00
recorded liens
03/24/2000
EAB Revised motion in opposition to summary judgment and conducted
0.50 75.00
legal research on priority of mortgage and code enforcement liens
03/27/2000
EAB Analysis of memorandum prepared by Mr. Cronig, title attorney;
0.50 75.00
telephone conference with opposing counsel regarding title owner
to property - whether Mr. Rebozo is the same person owning
property in City of South Miami against whom the City filed two
code enforcement liens against; telephone conference with Sonia
Lama regarding name listed in Notice of Violation, Order of
Violation and Notice of Lien ( Perey Galan v. Perez Galan Rebozo)
03/28/2000 EAB Telephone conference with opposing counsel regarding his 0.40 60.00
assertion that city released liens; various telephone conferences
with Eva Rosa and Sonia Lama regarding asserted release of liens
and copy of memorandum in Building Dept. file listing amounts
(including interest) and cost for release of liens; prepared
memorandum to file
03/29/2000 EAB Various telephone conferences with Arnold Lieberman and counsel 0.50 75.00
for Perez -Galan Rebozo regarding release of liens and pending
summary judgment hearing, which Mr. Lieberman cancelled
(originally scheduled for 3/30/00); discussion with and
memorandum to file and Mr. Gallop regarding possible release
issues
Rate Summary
Eve A. Boutsis
Total Professional Services 540.00
3.60 hours at $150.00 /hr 540.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -045 Statement No.: 6488 Page: 2
Total hours: 3.60
Payments
03/21/2000 Payment q #26916
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
9.50
Sub -total Payments: 9.50
540.00
0.00
540.00
9.50
9.50
Total Due 540.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 4, 2000
Charles D. Scurr Matter ID: 0022 -046
City Manager
Lisea Merrick v. City of South
City of South Miami
6130 Sunset Drive Statement No. 6489
City of South Miami, FL 33143
Hours Amount
03/15/2000 EAB Reviewed EEOC determination not to continue conciliation and 0.10 12.50
facsimiled orders to co- counsel and Mr. Scurr
Total Professional Services 12.50
Rate Summary
Eve A. Boutsis 0.10 hours at $125.00/hr 12.50
Total hours: 0.10
Expenses
Courier charge 9.00
Sub -total Expenses: 9.00
Payments
03/21/2000 Payment q #26916 27.50
Sub -total Payments: 27.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -046 Statement No.: 6489 Page: 2
For Professional Services 12.50
For Disbursements Incurred 9.00
Current Balance: 21.50
Previous Balance: 427.50
Payments - Thank you 27.50
Total Due 421.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr April 4, 2000 Matter ID: 0022 -048
City Manager
City of South Miami In Re: Forfeiture of One 1985
6130 Sunset Drive Statement No. 6491
City of South Miami, FL 33143
Expenses
Filing fee
Total hours: 4.70
176.00
Sub -total Expenses: 176.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
03/20/2000
EAB Telephone conference with AC Feldman regarding new forfeiture
0.10 10.00
actions - involving counterfeit funds
03/21/2000
EAB Analyzed police report surrounding forfeiture of vehicle; began
0.30 30.00
preparing notice of seizure and telephone conference with AC
Feldman regarding actual amount of confiscated legal tender, as
opposed to counterfeit money
03/29/2000
EAB Analyzed police report, prepared draft complaint, motion and
2.00 200.00
memorandum on probable cause, summons, verified affidavit,
interrogatories and requests for production
03/30/2000
EAB Attended hearing on City's motion to compel - extraordinary delay
2.30 230.00
in Mr. Pizzi's attendance at motion calendar due to unknown
conflict in Mr. Pizzi's schedule [ Judge did not sanction Mr. Pizzi
for his late appearance]
Total Professional Services
470.00
Rate Summary
Eve A. Boutsis 4.70 hours at $100.00 /hr
470.00
Expenses
Filing fee
Total hours: 4.70
176.00
Sub -total Expenses: 176.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -048 Statement No.: 6491 Page: 2
For Professional Services 470.00
For Disbursements Incurred 176.00
Current Balance: 646.00
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 646.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 4, 2000
Charles D. Scurr Matter ID: 0022 -049
City Manager
City of South Miami In Re: Forfeiture of One 1996
6130 Sunset Drive Statement No. 6492
City of South Miami, FL 33143
03/23/2000 EAB Telephone conference with AC Feldman regarding new forfeiture in
a reverse sting /buy bust of 3 vehicles; e-mail and internet access
for police department; and general status conference on various
forfeitures and police matters
03/24/2000 EAB Analysis of summary prepared by CSM PD, and prepared notice of
seizure for the 3 vehicles; telephone conference with AC Feldman
regarding seizure
03/30/2000 EAB Prepared complaint, motion and incorporated memorandum of law
in support of seizure; conducted legal research on federal law on
issue of conspiracy and distribution of counterfeit currency, legal
research on fleeing and avoiding uniformed officers, causing injury
during the pursuit by officers, and using vehicle on highway, while
license suspended due to status as habitual traffic offender (all
three offenses are felonies subjecting the vehicle to forfeiture)
Hours
Amount
0.20
20.00
0.60
60.00
OW
Total Professional Services
Rate Summary
Eve A. Boutsis 3.80 hours at $100.00 /hr 380.00
Expenses
Total hours: 3.80
Filing fee 176.00
Sub -total Expenses: 176.00
300.00
�c:� $I
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -049 Statement No.: 6492 Page: 2
For Professional Services 380.00
For Disbursements Incurred 176.00
Current Balance:
556.00
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 556.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Expenses
Filing fee
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter ID: 0022 -050
In Re: Forfeiture of One 1998
Statement No. 6493
176.00
Sub -total Expenses: 176.00
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
0.00
176.00
176.00
0.00
0.00
176.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDQPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Expenses
Filing fee
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter I D: 0022 -051
In Re: Forfeiture of One 1993
Statement No. 6550
176.00
Sub -total Expenses: 176.00
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
0.00
176.00
176.00
0.00
0.00
176.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Payments
03/21/2000 Payment q #26916
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter ID: 0022 -044
David Weinstock v. Yvette
Statement No. 6487
498.41
Sub -total Payments: 498.41
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
1 1 11
0.00
532.41
498.41
34.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter ID: 0022 -047
In Re: Forfeiture of One Black
Statement No. 6490
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
P I I I
oll
0.00
250.00
0.00
250.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 4, 2000
Matter ID: 0022 -010
Asher v. City of South Miami
Statement No. 6479
Hours
03/27/2000 EGG Reviewed findings and recommendations of MDCEOC finding no 1.00
probable cause; prepared memorandum regarding appeal to city
comm'n
Total Professional Services
Rate Summary
Earl G. Gallop 1.00 hours at $175.00/hr
Total hours: 1.00
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
175.00
To be properly credited, please indicate Statement Number on your remittance check.
Amount
175.00
175.00
175.00
0.00
175.00
0.00
0.00
175.00
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 4, 2000
Charles D. Scurr Matter ID: 0022 -023
City Manager Parking garage contract
City of South Miami
6130 Sunset Drive Statement No. 6480
City of South Miami, FL 33143
Total Professional Services 577.50
Rate Summary
Luis R. Figueredo 3.30 hours at $175.00/hr 577.50
Total hours: 3.30
Expenses
Legal research 35.04
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours
Amount
03/01/2000
LRF
Telephone conference with Ralph Perez.
0.40
70.00
03/06/2000
LRF
Telephone conference with Charles Scurr. Telephone status
0.40
70.00
conference with Ralph Perez.
03/14/2000
LRF
Telephone conference with Mr. Scurr's office.
0.20
35.00
03/15/2000
LRF
Telephone status conference with with Charles Scurr. Telephone
0.50
87.50
conference with Ralph Perez's office.
03/16/2000
LRF
Telephone conference with Mr. Scurr. Telephone status conference
0.50
87.50
with Mr. Perez.
03/20/2000
LRF
Telephone status conference with Ralph Perez concerning delays
0.30
52.50
associated with plan preparation and new schedule for submitting
plans to the City.
03/22/2000
LRF
Status conference with Mr. Gallop.
0.20
35.00
03/28/2000
LRF
Telephone conference with Charles Scurr and Mr. Basu. Telephone
0.50
87.50
status conference with Mr. Perez.
03/29/2000
LRF
Telephone conference with Charles Scurr.
0.30
52.50
Total Professional Services 577.50
Rate Summary
Luis R. Figueredo 3.30 hours at $175.00/hr 577.50
Total hours: 3.30
Expenses
Legal research 35.04
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -023 Statement No.: 6480 Page: 2
Sub -total Expenses: 35.04
Payments
03/21/2000 Payment q #26916 6,629.05
Sub -total Payments: 6,629.05
For Professional Services 577.50
For Disbursements Incurred 35.04
Current Balance: 612.54
Previous Balance: 14,316.55
Payments - Thank you 6,629.05
Total Due 8,300.04
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 4, 2000
Charles D. Scurr Matter ID: 0022 -034
City Manager CSM v. Third Group Mortage,
City of South Miami
6130 Sunset Drive Statement No. 6481
City of South Miami, FL 33143
Total hours: 3.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Hours Amount
03/10/2000 EGG
Telephone conference with Mr. Max Spiegelman and received
0.30 52.50
advice that bankruptcy court judge dismissed case with prejudice
on finding bad faith filing by Third Group, discussed activating state
lien foreclosure actions by CSM and Davis Gardens HOA, and
consolidating cases for trial.
03/13/2000 EGG
Reviewed order of bankruptcy judge dismissing Third Group
0.20 35.00
Mortage's petition for bankruptcy on basis of bad faith filing, and
lifting stay of state foreclosure litigation
03/15/2000 EAB
Analyzed the two motions to transfer filed by Davis Gardens and
0.20 30.00
calendared hearing dates
03/15/2000 EGG
Reviewed motion to transfer and consolidate 3 foreclosure actions
0.20 35.00
03/28/2000 EAB
Prepared for and attended hearing to transfer of cases by Jericho
2.60 390.00
Asset Management and City of South Miami to same judge as in
Third Group Home Owner's Association; communication with all
attending counsel (for Jericho, Third Group, and Home Owners)
regarding future proceedings in these matters, Home Owners will
file a motion to consolidate and to continue trial date so that
consolidation may occur; communication with Mr. Ferdie, Counsel
for Third Group who informed counsel that Third Group is appealing
dismissal of bankruptcy (per Spiegelman, counsel for Home
Owners) time for appeal has passed; court granted motions to
transfer
Total Professional Services 542.50
Rate Summary
Eve A.
Boutsis 2.80 hours at $150.00 /hr
420.00
Earl G.
Gallop 0.70 hours at $175.00/hr
122.50
Total hours: 3.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -034 Statement No.: 6481 Page: 2
Expenses
Parking Charge 4.00
Sub -total Expenses: 4.00
Payments
03/21/2000 Payment q #26916 95.30
Sub -total Payments: 95.30
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
542.50
4.00
546.50
95.30
95.30
Total Due 546.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 4/28/00
AGENDA ITEM #
FROM: Charles D. Scurr faow Comm. Mtg. 5/2/00
City Manager Pension Board
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE REGULAR
PENSION BOARD; APPOINTING RICK FREEBURG TO SERVE FOR A
TWO YEAR TERM ENDING MAY 2,2002 OR UNTIL A SUCCESSOR IS
DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina appoints Mr. Rick
Freeburg to the City's Regular Pension 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 REGULAR
PENSION BOARD; APPOINTING RICK FREEBURG TO SERVE FOR A
TWO YEAR TERM ENDING MAY 2, 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 Mr. Rick
Freeburg serve on the Regular Pension Board. This appoint shall
expire May 2, 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 Mr. Rick
Freeburg to serve on the Regular Pension Board.
Section 2. The expiration date of this appointment shall
expire May 2, 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:
01,2540 TUE 16:44 F --k1 30.56625302. SMH AWIIN ool
OR
M-f B D1C0AjMJrT7EE APP-11CA TION
CITY OF SOUTH MLA
d
?0- 2I)q.663-6340
6130 Sumvi Drive
Soul!, Mianti, FI, 33143
I. Name:
(Please print)
2. Herne Address:
)A/
3, Business Address'.
4. Home Phone No,
Edticatio" BackgroutId'
. 1 �A
6, Community bemcc-,
, y%'�1ACO
none
F" No, 30S-663-6348
Business Ph one No.
Yesz N o
S. Are you a registered Your? No
i'je'mt of the city? Yes IZ-1
9, Are You I Ire-$ 00/" No
10. Do you have a buslaegg in the
IL Ethnic OrigW kirw -- Hispanic AmericIP, Other
Anglo African Amp r
Mte
Signature
THIS AITLICATION WILL RIMATS ON FILE FOR ONIE
gj%ised 112000
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 4/28/00
AGENDA ITEM #
FROM: Charles D. Scurr fc-am% Comm. Mtg. 5 /2 /00
City Manager ea CRB Appointment
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATION BOARD; RE- APPOINTING PINKY SANDS AND LARRY A.
LIGAMMARE TO SERVE FOR TWO YEAR TERMS ENDING MAY 2,
2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND
QUALIFIED; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Mayor Robaina re- appoints Pinky Sands
and Larry A. Ligammare to the Community Relations Board for a two year term.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
RELATIONS BOARD; RE- APPOINTING PINKY SANDS AND LARRY A.
LIGAMMARE TO SERVE FOR TWO YEAR TERMS ENDING MAY 2,
2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND
QUALIFIED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Mayor and Commission recognize the important
contributions made by those who serve on the various city boards
and committees, and wish to appoint a full complement to each of
the active boards and committees; and
WHEREAS, Ordinance No. 11 -98 -1659 re- established the
Community Relations Board [CRB] and broadened its duties to
include fostering mutual understanding, tolerance and respect
among all economic, social, religious, sexual orientation, people
with special needs, age and ethnic groups in the City; and
WHEREAS, the city Commission desires to appoint individuals
who have expressed an interest and have demonstrated a leadership
role in their own groups.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby re- appoints Pinky
Sands and Larry A. Ligammare to serve on the Community Relations
Board.
Section 2. The expiration date of those appointments
shall expire May 2, 2002 or until successors are 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:
14 14
CITY OF SOUTH MIAMI BOARDICOMMITTEE AP'P',LIC'A LION
6130 Sunset Drive Phone No. 305 - 663 -6340
South Miami, FL 33143 Fax No. 305-663-6348
1. Name: r .j
(Please prim
2. Home Address: 4a 'S 3 144 -;
f
3, Business Address: 3:2-570 3 o �/ % �.r3� t-'► ► - -y r ,- 'q = 3 3 l .
4. dome Phone No. 3 0 5 � Lv '7 r"f Busiaess. Phone ?vo. 3 C`4
5. Education background:
C�
A
91
Communitv Service:
Are you a registered voter'? Yes No
Are you a resident of the City? ,1' es "� No
10, Do you have a business in the City'?
Yes No V"
11. Ethnic Origin?
Anglo American„ African American ✓ Hispanic American Other _
Signature vt Date ^ 4 a o iC)
THIS APPLICATION WILL REMAIN ON FILE FOP. ONE YEAR
Revised ]12000
pHF. 22 200=i f L HUD HO. � = P.2
CITY OF SOUTH MIAMI BOARDICOMMITTEE A.PPLICA TIOAr
6130 Sunset .Drive -Phone No. 305- 663.6340
South Mand, FL 33143 Pax No, 305- 663 -6318
1. Name: —
(Please print)
2. Home Address: / y - 1� tw.? .S�;t .a So . . ,4 . 3,1
3. Business Address: _ J1600 ,A)i _ -� eL FOL. A C 7- =j 33
Home Phone No, 3 4123
a� Business Phone "o, 0 f- � � '7. 2- _a 6
S. Education r Background;
J i� c ` /ti, ( G,Uwra�i' 4/ 3V CGFr�t
6. Community Servic
,,> >rF , �. —a, / f �.
8. Are you a registered voter? Yes V No
9. Are you a resident of the City`' Yes t/ No -
10. Do you have a business in the City? Yes _ No L.-'
11. Ethnic Origin?
Anglo American / African American _ Hispanic American Other
Signature "Ce., Date
THIS AP'PLICATIOti WILL REMAIN ON FME FOR ONE YEAR
Reaised ll2000
CITY Of SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 4/28/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 5 /2 /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; APPOINTING WILLIAM LIDDY TO SERVE FOR A UN-
EXPIRED TERM ENDING APRIL 11, 2002; APPOINTING JUAN
COMENDEIRO TO SERVE FOR A TWO YEAR TERM ENDING MAY 2,
2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND
QUALIFIED PROVIDING AN EFFECTIVE DATE.
BACKGROUND
Due to the resignation of Thomas Todd Cooper, the attached resolution
sponsored by Mayor Robaina appoints William Liddy to serve in that un- expired
term until April 11, 2002 or until a successor is duly appointed and qualified.
The resolution also appoints Juan Camendeiro to serve for a two year term
ending May 2, 2002 of until a successor is duly appointed and qualified.
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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; APPOINTING WILLIAM LIDDY TO SERVE FOR AN
UNEXPIRED TERM ENDING APRIL 11, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED; APPOINTING
JUAN COMENDEIRO TO SERVE FOR A TWO YEAR TERM ENDING MAY
2, 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 William Liddy for an
unexpired term ending April 11, 2002 and Juan Camendeiro for a
two year term ending May 2, 2002 to 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 appoints William
Liddy and Juan Camendeiro to the Planning Board.
Section 2. The expiration date of the appointments shall
expire April 11, 2002 and May 2, 2002 respectively or until
successors are 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
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
2000.
FROM 1900> #639 P.01/01
I
CITY OFSOUTH AHAMIROARDICOMMITTEE APPLICATION
6130 Sunset Delve Phone No. 305-663-6340
South Ali ami, FL 33143 Fox No. 305-663-6348
1. Name:
(Please pr t)
Z. Home Address: 6p7c/L5—W. 2-,41h
r
3, Business Address: /n Niq 1q3 i-w MiAoti R-33126
�-Macr -Svi-rg se
4. Home Phone No. Business Phone No.
5. Education Barkortumd-
6. Community Service:
EQQ&WgfL M-4798M -C-p"
8. Are you a registered voter? Yes >< No
9. Are you a resident of the City? Yes XV No
10., DO YOU have a business in the city? yes Nox
Origin? it. Ethnic Origin
Anglo Americana Arrican American Hispanic Anicrican Other
Signature
Ret -it ed 112000
Hatt -� 6 1? /-: 2 Gv 6)
7-r---r-z
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
CITY OF SOUTH MIAj1II BOARD /COMMITTEE APPLICATION
6130 Sunset Drive Phone No. 305- 663 -6340
South Miami, FL 33143 Fax No. 305- 663 -6348
1. Name: -� ✓t
(Please print)
2. Home Address: o L(,T O S Ui . S C( tti,
3. Business Address: l 5 -i A\1 -.1.1 1--ri 0--1 r- c.(` 33 C_ -313-L(
4. Home Phone No. 3O�- - 6 (OS - - I y"i Business Phone No. 3 0.-- `qq .L- S J o (.
5. Education Background:
6. Community Service:
P.
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tads.
Z J-,, L �C U
�r
1 `-a- Aw,.G.2,
%u!( 6 tLeL � � �( �� TdvG4cQp �
�1 � JLo .
L �?,�S tr f.:. 4'� v'� 04
8. Are you a registered voter? Yes X 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 _ Hispanic American Other
Signature Date
THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR
Revised 112000
Apr 25 00 05:01p Tom Cooper 305-666-0185 P.1
CHAEL, CooPER & AssocimEs PA.
arch i t e c t u r e
April 25, 2000
Mayor Julio Robaina
City of South Miami
7160 S.W. 62P4 Avenue
South Miami, Florida 33143
Dear Mayor Robaina:
This letter is my official resignation from the City of South Miami Planning and Zoning
Board effective immediately. I enjoyed serving the City for the last 28 years and hope to
continue to do so as my work schedule will allow.
I am pleased another professional has stepped forward who is willing to serve on the
Planning and Zoning Board.
Sincerely,
J� O'� J - ar'V"--
Thomas T. Cooper, AR
in affiliation with DOVER, KOHL & PARTNERS
5879 Sunset Drive, Suite 1 • South Miami, FL 33143 • Tel. (305) 666-0185 • Fax: (305) 666-0360 • #AA0002980
v CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: City Commission
FROM: Charles D. Scurr
City Manager 04
REQUEST
DATE: April 13, 2000
SUBJECT: Agenda 4—Y
Commission
Meeting
May 2, 2000
Fourth of July
Fireworks
The attached resolution seeks approval for the purchase of fireworks for the
2000 Fourth of July Celebration.
• �
The Parks & Recreation Department will "piggy back" off the City of
Greenacres, Florida, through the Request for Proposals
(#001- 60- 63- 48 -4), that meets the Charter requirements.
Zambelli Fireworks Internationale has been providing this service to the City
of South Miami for the past 16 years. Cost includes a technician who is
responsible for the preparation and discharge of fireworks. Zambelli also
provides insurance for this event.
Funds for this purchase will be disbursed from account number 2000 -4820,
"Fourth of July - Fireworks ", in the amount of $6,500.00, to Zambelli
Internationale Fireworks Manufacturing Company, Inc.
Budgeted amount for the 1999 -2000 year in this account is $9,548.00.
Balance left after deduction of the above - mentioned item is $3,048.00.
RECOMMENDATION
I recommend approval.
Fourth of July fireworks 2000
I Resolution No.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA., RELATING TO THE ANNUAL JULY 4TH
5 CELEBRATION, AUTHORIZING THE PURCHASE OF FIREWORKS BY
6 THE PARKS & RECREATION DEPARTMENT FOR A TOTAL PRICE NOT
7 TO EXCEED $6,500.00 (SIX THOUSAND FIVE HUNDRED DOLLARS),
8 AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER
9 2000 -4820, "FOURTH OF JULY- FIREWORKS ".
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WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained
for purchases of items over $1,000.00; and
WHEREAS, The City of South Miami Parks & Recreation Department obtained bid
prices from the Request for Proposals used by the City of Greenacres, Florida ( #001- 60 -63-
48-4) and will piggy -back off this Request for Proposal to meet this Charter requirement, as
set forth in the attached bid information; and
WHEREAS, Early contract agreement will provide a "Special Bonus Package" to the
City in additional firework shells at a discounted price.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The purchase of fireworks for the City of South Miami, Florida,
for the 2000 Fourth of July Fireworks, is awarded to Zambelli Internationale Fireworks
Manufacturing Company, Inc., per the attached memorandum.
31 Section 2. The disbursement for the fireworks, in the amount of $6,500.00,
32 will be charged to the Parks & Recreation Department account number 2000 -4820,
33 "Fourth of July- Fireworks ".
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Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of May, 2000.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Fireworks July 4ih, 2000
2AMBELLI FIREWORKS
1 Nest Camino Real Blvd., #100
Boca Raton, FL 33432
(561) 395 0955
Fax: (561) 395 -1799
Date: Wednesday, March 22, 2000
To: Maria
City of South Miami
Phone: 305 -663 -6319
Fag: 305- 669 -1266
From: Danabeth Zambelli
Zambelli Firework.
Phone: 561 -395 -0955
Fax: 561 -395 -1799
Pages: 1
5ubj£ct: My 4� 31VQU hr+ wkirkK dixidiy
NIut jai I - want -prl +n infnrm ? -,*u thotith4 �:••••• ►,.�1��
display for $6,487.50 would have a duration of 20
minutes. Upon your review, please call me with any
questions. Thank you,
TOOiTOOd ='CAN 99ETS99 >iaOME1 1IA I-1-139WU T2:bT 00/-_ _E,_t_t
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO. INC.
REQUIRED DIAGRAM AND FIRING SITE INFORMATION
Dear Customer:
Our goal is to provide you with the BEST possible display for your event under the safest conditions. IT IS OF
THE UTMOST IMPORTANCE THAT YOU SUPPLY US WITH A DIAGRAM OR MAP OF THE
DISPLAY AREA. The map /diagram should show distances from the firing site to spectators, parking areas,
buildings, etc.
Please use the following check list to assist you submitting your map /diagram. If an item is not applicable to
your situation, please insert N /A.
1
The BEST results can only be achieved with preparation and planning, therefore it is a prerequisite that we
receive this information to plan your show.
Distances, in feet, from the firing site to the following:
1) Spectators /AudienceNiewing Area 400 Feet
2) Parking Areas 700 Feet
3) Occupied Buildings: (Residents) 500 Feet
4) Public Buildings: (Schools, Churches, Hospitals, 350 Feet
Correctional Facilities, Etc)
5) Fuel Pumps /Storage, Explosive /Toxic Material N/A Feet
Storage: (Gasoline Stations, Refineries, Etc)
6) Temporary Event Set- ups:(Tents, Carnival
Rides, Concession Stands, Etc.)
7) Highways, Roads, Streets, Etc
8) Overhead Obstructions: (Power Lines,
Lighting, Etc)
9) Active Railroads
Signature
Date
Feet
800 Feet
400 Feet
1,100 Feet
Title
SAFE SHOWS ARE A RESULT OF PROPER PLANNING!
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO. INC.
INSURANCE REQUISITION FORM
CUSTOMER NAME: City of South Miami Parks & Recreation Dept.
ADDRESS: 6130 Sunset Drive, South Miami, Florida
DISPLAY DATE: .fitly 41-h, 2000 TIME: 9:00 p.m.
LOCATION OF DISPLAY: Palmer park (South Miami Field) d) 6100 SW 67 Ave.
South Miami, Florida 33143
NAME OF ALL SPONSORS: City of South Miami- 6130 Sunset Drive
South Miami, Florida 33143
NAME OF PROPERTY OWNER OF DISPLAY SITE: City of South
Miami
CERTIFICATE IS TO BE ISSUED TO: City of South Miami Parks & Recreation Dept.
Ana M. Garcia
TITLE: Director PHONE: (305) 663 -6319 (W)
ADDRESS: 6130 Sunset Drive, South Miami, Florida 33143
"THIS FORM MUST BE RETURNED WITH YOUR SIGNED CONTRACT IN ORDER FOR
THE INSURANCE CERTIFICATE TO BE PROCESSED. OUR INSURANCE COMPANY
REQUIRES THAT WE HAVE THIS FORM IN ADDITION TO THE SIGNED CONTRACT
PRIOR TO THE CERTIFICATE BEING ISSUED.
THE INSURANCE COMPANY ALSO REQUIRES THAT A DIAGRAM OF THE DISPLAY SITE
AND A DESCRIPTION OF THE SURROUNDING PROPERTIES BE SUBMITTED BEFORE
THE SHOW. PLEASE ATTACH THE DIAGRAM TO THIS FORM. IF YOU HAVE ANY
QUESTIONS PLEASE CONTACT OUR INSURANCE AND LOSS PREVENTION DEPT. AT
(800) 245 -0397.
0
C)
10
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II
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0
0
m
COMTh: MCATION SHEET
Communication sheet must be completed in its entirety and
retumed. Do not complete with items such as 'same as last
year' "already on file' etc. A Zambeili Intemationale
representative will contact one of the following for further
instruction.
ff 1fflfHHlHHHHHHIfHHfIHflNf / fflNHlfNfHf/HfMfH
CUSTOMER INFORMATION
CUSTOMERNAME City of South Miami
ADDRESS 6130 Sunset Drive
CITY, STATE &ZIP South Miami. Fl. 33143
FIRING SITE LOCATION
NAME/DESCRIPTION Palmer Park
6100 SW 67 Ave. South Miami, Fl. 33143
SITECONTACTNAME Kenny Carmen
PHONE# (305) 238 -3644 or Cell # 607 -6380
ADDRESS 15241 SW 148 Avenue
CITY,STATE &ZIP Miami, Florida 33187
* *Other number (305) 884 -0808
1NNN11lff1ftfNNflffNNlfNlflfNNHffNf fffff1M111fIf11f
CONTACTPERSON
NAME Ana M. Garcia, Director
ADDRESS 6130 Sunset Drive
CITY, STATE &ZIP South Miami. Fl. 33143
HOME# 217 -3292 OFFICE# 663 -6319
FAX# ('ins) 669 -1266
ALTERNATE CONTACT #2
NAME_Mar;a E. Stout -Tate
ADDRESS 613_ (1 S t t D iv e
CITY, STATE &ZIP South Miami, Fl. 33143
HOME #_841 -709 OFFICE# 663 -6319
FAX# (115) 669 -1266
NMlNflfHHl1HHlNlN11HHfNHH1fNH11l1NNfHNf N!H
ZambeNl Internationale Fireworks
P. 0. Box 1463
New Castle, PA 16103
(412) 658 -6611 or (800) 245 -0397
FAX # (412) 658 -8318
HHf fHM1fNfHfllHffNfMfMffHf
SHOW INFORMATION
SHOW DATE Tuesday, July 4th, 2000
TIME OF SHOW 9:15 p.m.
RAIN DATE Wednesday, July 5th, 2000
H!NlNf INHNYHIHNNH1NfNNNffNf fNNfIHHlHlfM1H
STORAGE SITE LOCATION
NAME/DESCRIPTION
STORAGE CONTACT NAME
PHONE #
ADDRESS
CITY,STATE & ZIP
Hf 1NffIlNlfftlNf fMf H1f1NNf11f Nf1H1HHf 1NHINff1lHf
ALTERNATE CONTACT #1
NAME Doug Baker
ADDRESS 6130 Sunset Drive
CITY, STATE &ZIP South Miami, Fl.
HOME# 750 -0428 OFFICE# 663 -6319
FAx# (305) 669 -1266
ALTERNATE CONTACT #3
NAME
ADDRESS
CITY, STATE & ZIP
HOME # OFFICE #
FAX #
HflHfN1fH11NNNNNNYN1Nf1 •HYHH1MfMfHNHMHHH
SUGGESTED ROUTING FROM NEW CASTLE, PA ROUTING TO SITE/STORAGE FROM MAJOR HIGHWAY
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
REQUEST FOR DIAGRAM OF FIRING AREA
DEAR CUSTOMER:
IN AN EFFORT TO BETTER UNDERSTAND AND PLAN FOR YOUR DISPLAY,
IT IS OF THE UTMOST OF IMPORTANCE THAT YOU SUPPLY OUR OFFICE
J
WITH A DIAGRAM OR MAP OF THE PROPOSED DISPLAY SITE AND THE
SURROUNDING AREAS IN ALL DIRECTIONS. THE MAP SHOULD SHOW
DISTANCES FROM SPECTATORS AND PARKING AREAS, AS WELL AS
BUILDINGS.
IT IS A REQUIREMENT THAT WE RECEIVE THIS INFORMATION BEFORE
WE PREPARE FOR THE DISPLAY. PREPARATION AND PLANNING CAN
BRING OUT THE BEST RESULTS IN A FIREWORKS DISPLAY. IT CAN ALSO
AID IN THE REDUCTION OF ACCIDENTS.
INVOICE
ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC.
P.O. BOX 1463 • NEW CASTLE, PENNSYLVANIA 16103 • PHONE: (724) 658 -6611 • FAX: (724) 658 -8318
PLANTS AT: NO. 1 - UNION TWP., R.D. NO.2 — NO.2 - MAHONING TWP., NASHUA RD.
WESTERN REGION: P.O. BOX 986 • SHAFTER, CA 93263 • (805) 746 -2842 • FAX: (805) 746 -2844
SOUTHERN REGION: 1700 NORTH DIXIE HIGHWAY • BOCA RATON, FL 33432 • (561) 395 -0955 • FAX: (561) 395 -1799
DATE February 8, 2000 OUR ORDER NO.
SOLD TO: City of South Miami YOUR ORDER NO.
South Miami, Florida
DATE SHIPPED
SHIPPED TO: SHIPPED VIA
MARK FOR: NO. CARTONS
QUANTITY ( UNIT I ARTICLES I UNIT I TOTAL PRICE
PLEASE RETURN INVOICE WITH PAYMENT
One display of Fireworks, July 4, 2000 $6,487.50
(13.5% cash discount on $7,500.00 program)
50% Deposit Payment Due Upon Signing of Contract
THANK YOU........
APPLIED SYSTEMS ASSOCIATES
ZAMBELLI FIREWORKS MANUFACTURING CORPORATION
8th February
THIS CONTRACT AND AGREEMENT for the sale of Fireworks made and concluded this day of
A.D., *x2000 by and between Zambelli Fireworks Manufacturing Corporation, of New Castle, Pennsylvania, (hereinafter referred to as "Zambelli "),
—AND —
City of South Miami, South Miami, Florida
(hereinafter referred to as "Client ")
WITNESSETH: For and in consideration of the sum of One Dollar, each to the other in hand paid, receipt of which is hereby acknowledged, and of the
terms and conditions hereinafter mentioned, Zambelli and Client do mutually and severally agree to perform their several and respective covenants and to comply
with all terms, conditions, and payments of this contract`.
Zambelli agrees:
To sell, furnish and deliver to Client, Fireworks to be exhibited on the following dates set forth and agreed upon at the time of signing this contract and
Client agrees to pay Zambelli for the Fireworks as follows:
Display Date(s) July 4, 2000 Postponement Date(s)
$6,487.50
Contract Amount ; 50% due upon signing the Contract and balance due at Noon on last display
date; all payments shall be made by Draft or Certified check payable to Zambelli Fireworks Manufacturing Corporation, unless otherwise authorized in
writing; NO CASH shall be paid to any agent or employee of Zambelli without express written authority.
2. ZAMBELLI further agrees to furnish, sufficient trained personnel to present a display.
CLIENT further agrees:
3. To procure and furnish a suitable place to display the said fireworks; to furnish the necessary police and fire protection; to secure all, Police, Local and State Permits,
to furnish a dry, safe and convenient place to store the
fireworks, where same may be prepared for display by the display technicians; to furnish such lumber, sand, steel drums and other supplies as may be necessary for
the set up of the display; to furnish the services of two laborers to assist in the erection and assembling of the display by the trained personnel;P
oy1_*PP :6XW:6Xi :R�991XX
4. Prior to, during, and immediately following the display, Client shall be solely responsible to keep all persons (except employees of Zambelli) out of the
designated danger areas and behind safety zone lines and limits;
5. Following the display Client shall be solely responsible for ALL cleanup and policing of the display area including, but not limited to, the removal of all
unexploded fireworks, removal of frames, sets and lumber, and the refilling of holes.
The PARTIES mutually agree:
6. It is agreed and understood by the parties hereto that in the event the Fireworks have been taken out and set up before the inclement weather and with
adequate weather prevailing, such exhibition of fireworks will be carried out in the best possible manner without any deductions whatever from the before
named compensations. Should inclement weather prevent firing of said display on the aforementioned Display Date, then it will be understood the program
is postponed and will be fired on the aforementioned Postponement Date, and there will be an additional charge to cover the costs of
Postponement of 15% . If there is no alternate date and the program is not fired on the aforementioned Display Date, then it will
be understood the program is cancelled and there will be anX=TdM charge to cover the costs of cancellation of 507-
7. Zambelli reserves the exclusive right to make minor modifications and substitutions provided that such changes are reasonable and necessary and do
not materially adversely effect price, time of delivery, functional character or display performance.
8. If the location of the firing site, spectators location, parking areas or structures is deemed unsuitable or unsafe, in the discretion of Zambelli or its agents
or personnel, Zambelli may refuse to fire the display until conditions are corrected. If such conditions are not corrected, Zambelli may cancel the display
without further liability to the Client for such cancellation.
9. This contract shall be deemed made in the Commonwealth of Pennsylvania and shall be construed in accordance with the laws of Pennsylvania. The
parties agree and consent to the jurisdiction of Pennsylvania to determine conflicts regarding the language and payments to be made under this Contract.
10. If Client becomes bankrupt or insolvent, or if a petition in bankruptcy is filed by or against the Client or if a receiver is appointed for the Client, Zambelli
may refuse to make further delivery and may terminate this contract without prejudice to the rights of Zambelli. If the Client's financial conditions becomes
unsatisfactory to Zambelli, Zambelli may require the balance of the purchase price to be deposited in escrow or the Client to provide sufficient proof of
its ability to pay the balance of the contract price. Client is not entitled to recover incidental or consequential damages in connection with any breach
of this Contract.
11. if Client fails to pay the monies due under this contract, Zambelli is entitled to recover the balance due plus interest at 11/2% per month on amounts
past due 60 days or more. Further, on balances outstanding of 120 days or more, Zambelli is entitled to recover the balance due, plus accrued interest,
plus attorneys fees of 10% of the amount past due, plus court costs.
12. This contract shall not be construed to create a partnership between the parties or persons mentioned herein.
13, in the event of fire, accident, strikes, delay, flood, act of God or other causes beyond the control of Zambelli, which prevent the delivery of said materials,
the parties hereto release each other from any and all performances of the covenants herein contained and from damages resulting from the breach thereof.
TAX EXEMPTION NUMBER
60 -09- 16447 -54C
SHIP TO:
CITY OF GREENACRES
PUBLIC SAFETY ADMINISTRATION
2995 JCG ROAD
GREENACRES FL
33467 -2093
VENDOR NO.
17790
V
E
NZAIMBELLI INTERNATIONALE
oP.O. 30X 1463
IrIRCHASE ORDER
NON 00- 0019481 -001
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS,
BILL OF LADING AND CORRESPONDENCE.
City of Greenacres
5985 TENTH AVENUE NORTH DATE
GREENACRES, FLORIDA 33463 -2399
(561) 642 -2033
R FIREWORKS MFG COMPANY INC
NEW CASTLE PA 16103 -1463
ITEM I QUANTITY I UNIT
DESCRIPTION
10/18/99
SUBMIT ALL INVOICES IN DUPLICATE TO ABOVE ADDRESS
ATTENTION: ACCOUNTS PAYABLE
F.O.B. VIA
GREENACRES
DELIVERY REQUIRED TERMS
1/01/2000 NET 30 DAY
UNIT COST I TOTAL COST
1 1.00 EA FIREWORKS FOR JANUARY 11 2000 e666-'5'f 10000.000 10000.00
2905 JOG ROAD, COMMUNITY PARK
001- 60- 63 -48 -4 60 8
2 1000 EA FIREWORKS, FOR JULY 49 2000 &no "5f9 7500.000 7500.0C
2905 JOG ROAD, COMMUNITY PARK
001- -60-- 63 -48 -4 DSO a
DPADGETT
171500.00
DIRECT INQUIRIES TO BUYER AT (561) 642 -2033
THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF ARE ALIT OR ZED BY CITY OF E RES
HEREBY INCORPORATED AS AN INTEGRAL PART OF THIS ORDER. \�
BY:
PURCHASING AGENT /0 h,
VENDOR - WHITE ACKNOWLEDGEMENT - YELLOW ACCOUNTS PAYABLE - PINK PURCHASING - GOLDENROD ORIGINATING DEPARTMENT - GREEN 11
/' A //q
City of South Miami
POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission
FROM: Charles Scurr,
City Manager
�V , 0
REQUEST.
Date: April 27, 2000 13
Re: Agenda Item #
Comm. Mtg. May 2, 2000
Support of initiatives to
increase the use of seatbelts
and restraints by motorists.
A resolution by the governing body of the City of South Miami supporting initiatives to
increase the use of seatbelts and child restraints by motorists.
BACKGROUND AND ANALYSIS
The City's Police Department is committed to keeping the streets of South Miami safe for all
of the motoring public, but especially for children.
Statistically, 60% of children killed in vehicle crashes were not using safety restraints at the
time. (1) This is a tragedy of national magnitude.
Florida State Statutes (2) provide for mandatory restraining of children under 6. Wearing a
seatbelt is required by law for adults as well.
The activities of Buckle Up Florida 2000 are waves of enforcement calculated to increase
motorists safety through enforcement and through education.
Support for these initiatives by the City commission symbolizes our deep commitment to
safety of motorists and especially of our children.
RECOMMENDATION
Your approval is recommended.
Footnotes:
1. National Highway Traffic Safety Administration, 1998 statistics.
2. FS316.614
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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 SUPPORT THE BUCKLE UP
FLORIDA 2000 SEATBELT AND CHILD RESTRAINT SAFETY
ENFORCEMENT INITIATIVE.
WHEREAS, traffic crashes are the leading cause of death for children ranging in
age from six to 14 years; and
WHEREAS, 60 percent of children killed in crashes were not using safety
restraints at the time; and
WHEREAS, Florida State Statutes provide for mandatory restraint of any child
transported in a motor vehicle through 5 years of age; and
WHEREAS, adults who use seatbelts are far more likely to use a proper restraint
when transporting children; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The Mayor and City Commission of the City of South Miami, by
and through this resolution, expresses support for the Buckle Up Florida 2000 seatbelt
and child restraint enforcement initiative.
Section 2. That this resolution be effective immediately after adoption hereof.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
CITY CLERK
CITY ATTORNEY
COUTIN
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor & Commission DATE: April 21, 2000
FROM: Charles D. Scurr SUBJECT: Agenda #
C 9
City Manager Commission Meeting
May 2, 2000
Tropical Falls Landscape,
REQUEST
The purpose of this memorandum is to recommend the approval of the attached resolution
to extend a previous Open Purchase Order for Tropical Falls Landscape, (Resolution # 75-
00 -10968 on 3121/2000, Purchase Order # 003458), in order to purchase a block of 100
Satin Leaf Trees to be utilized for City Road Plantings.
BACKGROUND
This vendor has done all previous road plantings with a 0- mortality rate, which is a
significant achievement. They consistently use the highest quality materials and are
currently performing the Sunset Median Planting Project. Tropical Falls through the process
of competitive bidding was selected to receive an open purchase order (see above
mentioned). The quality of the trees as well as, the transportation and installation of the
trees has been exceptional. By increasing the existing open purchase order, it would allow
us to expedite this process (for we don't want to lose this rare opportunity to purchase
these trees).
Purchasing trees in large quantities such as blocks of 100 is the best and most cost
effective manner to obtain materials for road planting purposes. The Satin Leaf Tree is a
native species and thus highly desirable.
On our last outing to Manuel Diaz Farms we hand picked some Satin Leaf Trees.
Commissioner Mary Scott Russell, Doug Baker, Ana Garcia and City Arborist Omar Mejias,
unanimously believed the type of species as well as, the tremendous quality of the tree
would greatly compliment the oaks that have been planted as well as, greatly enhance our
canopy, creating added shade and color. The Satin Leaf Tree exhibits shadows of red,
yellows, orange, and maroon that can be witnessed year round.
I recommend that we move forward on this matter rapidly in order to take advantage of the
Spring Planting Cycle. We have the ability to tag and reserve these trees, thereby ensuring
that we receive the highest quality specimens.
Available balance in account is $45,000.00.
Approval is recommended.
/7
�1
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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 EXTEND A
PREVIOUS OPEN PURCHASE ORDER WITH TROPICAL FALLS LANDSCAPE
INC., FOR THE PURCHASE OF A BLOCK OF 100 "SATIN LEAF" TREES TO BE
UTILIZED FOR CITY ROAD PLANTINGS AND DISBURSE THE AMOUNT OF
$20,000.00 FROM ACCOUNT 250 - 519.4625, "LANDSCAPE IMPROVEMENTS ".
WHEREAS, Purchasing trees in blocks of 100 each is best and most cost effective
for road plantings; and
WHEREAS; This vendor has been utilized previously for road plantings with a
resulting 0 mortality rate and is currently installing trees on our Sunset Median project
utilizing high quality materials; and
WHEREAS, The Satin Leaf Tree is a native species and thus extremely
desirable; and
WHEREAS, We can tag and reserve these trees, thereby ensuring the highest
quality and take advantage of the Spring Planting Cycle.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to release available funds for the
purchase of a block of 100 Satin Leaf Trees from account number 250 - 519.4625,
"Landscape Improvements" for a purchase order to Tropical Falls Landscaping Inc for
$20.000.00.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of May, 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
"�Iuf% Gp-rnn (Inov
TO: Mayor & Commission DATE: March 14, 2000
FROM: Charles Scurr �� SUBJECT: Agenda #
City Manager j Commission Meeting
V-41 March 21, 2000
Tropical falls Lansc.
REQUEST
The purpose of this memorandum is to seek the approval of the attached
resolution for an Open Purchase Order for Tropical Falls Landscaping for
tree installation on the Sunset Median and for other City Projects.
BACKGROUND
Tropical Falls Landscaping, as evidenced in several projects they executed
for us, has provided consistent, high quality work and has utilized outstanding
specimens for planting. Additionally, they stand behind their work and
products with an effective warranty program.
The other quotes we received do not serve as a good basis for comparison
due to several reasons, i.e. specimen size, availability, installation not
performed, and most importantly, warranty issues.
The Open Purchase Order Expenditure of $18,000 will be disbursed from
Account Number 001 -2050- 519 -4625 "Landscaping Maintenance ". Available
balance is $25,250.
Jvk
RECOMMENDATION
Approval is recommended
,. z
c . •
•OPICAL FALLS LANDSCAPING & MAINTENA NCE NC, JOB PROPOSAL
201 HAMMOCKS BLV 153 - 109 MIA - FL 33196
ine (305) 595 - 6526 Fax (305) 596 - 9463 Date -a 4
-&-fTY OF SOUTH MIAMI
ATT: DOUG BAKER
-Y MATERIAL ITEM UNIT AMOUNT
1peffifollrum 13-24' Installed 600.00
4500�.00
st lied
Pink Tabs 4 installed 450.0o 2250.00
_ ��7() _ _f
450.00 135000
--4;-�nstalled
FexZde, Pair"
300.00
0.00
0.00
0.00
0.00
0,0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Take by 200
Phone
N
Job Warne Sunset project medians
Job location i South Miacni Parks
p
Job hone
CustOmer#
Terms 'pay upon completion
Work y Contract xx p �er
WORK OESCRI15-T�10N
if trees installed with mulch and soil needed.
71i�;e�swifl �7e—bra-�ed--
MISCELLANEOUS -C- -H—A-R —Ge S
TOTAL
LABOR '---Frs-FRate
TOTAL
0.00 COST SUMMARY
0.00 TOTAL LABOR
0.00 TOTAL M . A T . F A.—'L. -S ---------------
ARK ORDER By 7100.00 TOTAL MI
SCELLANEOUS
JSTOmER SIGNAT'U'RE TAX
sfactorvof abnve workr SUB TOTAL
A
---------- I P, TOTAL
0.00
Amount
0.00
0.00
0.00
0.00
0,00
0.00
17100.00
C)
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Jr
P:'P.FjH : PHOhE HO. : 705 235 4513 mar. 03 2000 Ce:41PM PI
City of South At tan
Parks & Recreallon Department
6130 Sunset DrI.ve
South Aliattd, Florida 33143
6
(,305) 1 63-6319
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THAT THOP
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LL (,,,I V C) kA R, C OAYI A ME�Z
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Our Equipment h Designed to Meet ,4ny Problem
Mar 6, 2000
City of South Miami
Parks & Recreation Dept.
6130 Sunset Drive
South Miarni,Fl.a. 33143
Att Mr.Doug Baker
Dear Mr.Baker:
h- 1ELF'.CSE hll_IF'
F'Af:-�E 01
John C. Fritz
NURSERY, INC.
F.st. 1913
S'"hufcr"
DESIGNS - LAWNS • HEDGES - TREES
26100 S.W. 112th Avenue • Homestead, Florida 33032
Phone: (305) 258 -3411 Fax: (305) 258-1381
�1 7
1
Z
We are herewith submitting proposal to install landscape items requested in your fax of
March 3, 2000.
An itemized breakdown of requested plant material and its installed costs are as follows:
4 Peltophoprum -Fellow Poinciana 14'-16'o 275. 00 .......... ..............................$ 2475.00
3 Jacarand�- 12' o.a,� 200.00........ ....� .............. 600.00
5 Pink Tabebuia 16 -18' .a. @ 350. 00 ................................... ............................... 1750.00
4 Sabal Palms 18' -15' 130. 00 ........ ............................... 2
5 Q.QU
30 Alexander Palms single 16' -18' o.a. @ 250. 00 ................. ............................... 7500.00
Total cost for items as listed above ............................... ............................... $ 12,845.00
Please note that we have adjusted sizes of various requested plant materials since some of the
items which you requested are not available. Therefore. we have quoted material of the largest
sizes available for these items.
Our proposal would include delivery and installation of above plant material, all necessary
planting soil, guying and bracing and initial watering in.
Our proposal would not include removal of existing dead trees, if required, removal of
asphalt pavement or sidewalks, if required.
c
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Mayor and City Commission Date: April 27, 2000
FROM: Charles Scurr Re: Agenda Item #
City Manager Comm. Mtg. May 2, 2000
Special Operations and
Investigations by the Police
Department.
REQUEST
Approval of an expenditure of an amount not to exceed $22,500.00 for special operations
and investigations by the Police Department.
BACKGROUND AND ANALYSIS
The Police Department is continually engaged in activities which are designed to
improve the quality of life for the citizens of South Miami as well as tackling diverse
issues such as money laundering and narcotics trafficking. These funds will enable the
Department to not only continue with their activities but move them to an even greater
level of expertise.
Funding will be from Federal Forfeiture funds Account #615 -1910 -521 - 330 -100 and
#615 - 1910 - 521 -351 -100 which have a current account balance of $31,113.00.
RECOMMENDATION
Your approval is recommended.
CS /GF /sh
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO
EXCEED $22,500 FROM ACCOUNT #615 - 1910 - 521 - 330 -100
AND #615 - 1910 - 521 - 351 -100 (FEDERAL FORFEITURE) FOR
SPECIAL OPERATIONS AND INVESTIGATIONS BY THE
POLICE DEPARTMENT.
WHEREAS, the City of South Miami is committed to maintaining the highest
quality of life for it's citizens; and
WHEREAS, the Police Department engages in certain special investigations
which sometimes necessitate the expenditure of funds; and
WHEREAS, the requested expenditure is a lawful use under the Attorney
General's Guidelines on Federal Forfeiture; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to disburse a sum not to exceed
$22,500 from account #615- 1910 -521- 330 -100 and #615 -1910 -521- 331 -100 (Federal
Forfeiture) for special operations and investigations by the Police Department.
Section 2. That this resolution be effective immediately after adoption hereof.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
CITY CLERK
r , 1 , /E , irr! i EM 0910167'
CITY ATTORNEY
, ` r
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: April 28, 2000
From: Charles D. Scurr Agenda Item #
City Manager Comm. Mtg.5 /2/ 0
Special Use Approval
7313 SW 591h CT
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE -
APPROVAL TO LOCATE. A GENERAL RESTAURANT IN THE "SR," SPECIALTY
RETAIL DISTRICT SPECIFICALLY LOCATED AT MYRA & COMPANY'S DAY
SPA, 7313 SW 59 COURT.
APPLICANT'S PROPOSAL
The applicant is requesting a Special Use Approval to operate a Cafe, at the above
referenced location. The intent of the cafe is to serve only the patrons of the spa on the
existing' outdoor patio area. Operating hours of the cafd shall be the same as the existing
beauty shop. The proposed Cafe consists of a kitchen of approximately 125 square feet, to
be located within the existing Myra & Company's Day Spa facility and an outdoor patio
connected by a walkway.
SPECIAL CONDITIONS APPLICABLE
The LDC provides that special uses must be approved by the City Commission after a
public hearing and receipt of a recommendation from the Planning Board. The overall
purpose is to determine the compatibility of the proposed use with the surrounding
neighborhood. In addition, special uses may also be required to comply with the additional
requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general
restaurant the following supplemental requirements are listed:
(i) All such establishments shall provide only inside or patio service on private
property. Public streets, rights -of -way, sidewalks and required setbacks may not be
used for patio or street -side services of any kind.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(W) The city commission shall review and recommend approval, disapproval or
modification of all site plans and project specifications for this special use
ANALYSIS
The proposed use is located in the "SR" Specialty Retail district. A general restaurant is
permitted with a Special Use Approval. A general restaurant must meet the requirements ,
for special uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section
20 -5.8 Special Use Approval of the LDC. A general restaurant shall mean an
establishment where the principal business is the sale of food and beverages to the
customer in a ready -to- consume state and where the design shall provide a sit- down area
for the customers. Although not listed as a permitted use in the "SR Specialty_ Retail
District, the proposed Cafd is best described as an accessory restaurant. Pursuant to
Section 20- 3.4(B)(16) an accessory restaurant requires the following supplemental
conditions:
(a) Such uses are located entirely within the principal building for the convenience
of the occupants of or visitors to the principal use;
(b) Such uses do not occupy more than ten (10) percent of the gross floor area of
the principal building in which located; and
(c) Such uses shall not have any signs or advertising visible from outside the
principal building.
The proposed Cafe meets the requirements of an accessory restaurant. It is the staff's
observation that no additional parking is required due to the fact that all the users of the
Cafe will be the patrons of the beauty shop. The caf6 will not be open to the public and
will not generate additional traffic.
The requested special use complies with the LDC requirements set forth for special uses in
Section 20 -3.4 and the proposed use meets the conditional requirements set forth in
Section 20 -5.8 (B)(1) in that the user
a) Will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
The proposed use does not conflict with the Comprehensive Plan and meets the
requirements set forth for special uses and for general restaurants as stated above.
PLANNING BOARD ACTION
The subject application was presented to the Planning Board at its April 11, 2000 meeting.
At that time the Board adopted a motion 5 -1 ) recommending approval of the application
subject to following onditions (including those set forth b staff): 1 the use is located
g ( g Y
entirly within the principal building; (2) the cafe is not open to the public and is for the
convenience of the patrons and the employees only; (3) the cafe is not to occupy more than
10% of the gross floor area; (4) no additional signage or advertising is visible from outside
the principal building; (5) that air - conditioned space be utilized for refuse /waste; 6) that
ventilation be adequate; (7) that the restaurant use apply only to said applicant.
RECOMMENDATION
APPROVAL with the following conditions:
Based on information received subsequent to the Planning Board meeting held on April 11,
2000, the staff is recommending an additional condition with respect to catering.
(1) the use is located entirely within the principal building;
(2) the cafe is not open to the public and is for the convenience of the patrons and
employees only;
(3) the cafe is not to occupy more than 10% of the gross floor area;
(4) no additional signage or advertising is visible from outside the principal building;
(5) the air - conditioned space be utilized for refuse /waste;
(6) that ventilation be adequate;
(7) that the restaurant use apply only to said applicant;
(8) no catering service allowed from this location.
Attachments:
Proposed draft resolution
Letter of intent/ application
Property survey
Site and floor plans,
Copies of Public notices
Planning Board Minutes 4/11/00
I RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
6 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
7 APPROVAL TO LOCATE A GENERAL RESTAURANT IN THE" SR
8 SPECIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT MYRA &
9 COMPANY'S DAY SPA, 7313 SW 59 COURT.
10
11
12 WHEREAS, Myra & Company's Day Spa, property located at 7313 SW 59
13 Court, submitted an application for a special use to allow a general restaurant to be
14 located in a SR, Specialty Retail zoning district specifically at 7313 SW 59 Court
15 and
16
17 WHEREAS, a general restaurant is allowed as a special use in a SR,
18 Specialty Retail Zoning District subject to meeting certain conditions specified in the
19 Land Development Code Section 20- 3.4(B)(4)(b); and
20
21 WHEREAS. The approval of a special use requires a recommendation from
22 the Planning Board and the approval of the City Commission after a public hearing;
23 and
24
25 WHEREAS, The Planning and Zoning Department staff recommended
26 approval of the proposed special use with conditions; and
27
28
29 WHEREAS, on April 11, 2000, the Planning Board voted 5 -1 to recommend
30 approval with conditions of the special use request; and,
31
32 WHEREAS, the Mayor and City Commission of the City of South Miami
33 desire to accept the recommendation of the Planning Board.
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1: That a special use is approved for locating a general restaurant at 7313
39 SW 59 Court subject to the following conditions: (1) the use is located entirly within
40 the principal building; (2) the cafe is not open to the public and is for the
41 convenience of the patrons and the employees only.; (3) the cafe is not to occupy
42 more than 10% of the gross floor area; (4) no additional signage or advertising is
43 visible from outside the principal building; (5) that air- conditioned space be utilized
44 for refuse /waste ;(6) that ventilation be adequate;(7) that the restaurant use apply only
45 to said applicant. (8) no catering service allowed from this location.
1
2
3
4 Section 2: This resolution shall take effect immediately upon approval.
5
6 PASSED AND ADOPTED this day of , 2000.
7
8
9 ATTEST: APPROVED:
10
11
12 CITY CLERK MAYOR
13
14
15 READ AND APPROVED AS TO FORM:
16
17
18
19 CITY ATTORNEY
Letter of Intent
Myra Porter, Esq., President of Myra P. and Company, Inc., comes
forth to the City Of South Miami with the intention of obtaining a
special use permit, so that Myra and Company's exiting Day Spa
business may operate a small cafe within its existing business, located at
7311 S.W. 59 Court.
Furthermore, it is Myra and Company's express intention to provide
this food service to clients visiting the spa and employees of the spa,
whereby no additional parking is at issue.
Dated this Marc
SPA *.STUDIO • SALON 7313
S.W.
59 Court • Miami,
FL 33143
• (305) 661 -238
Webslte:www.miamispa.com •
E -mail:
info @miamispa.com •
Toll Free:
1- 877- MYRA.NET
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI- D.ADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review Vkia Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING- 5//2/00
RESOLUTION RE: SECTION
201- 3.4(B)(4)(b); ETC"
in the ............ XXXXX ............ Court,
was published in said newspaper in the issues of
Apr 21, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
Cou Florida, for a period of one year next preceamg the
fir pu lication of the attached copy of advertisement; and
a ant rther says that she has neither paid nor promised
y p son, firm or corporation any discount, rebate, com-
issi or refu d for the purpose of securing this advertise-
?6 pubition in the said newspaper.
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting on Tuesday, May 2, 2000 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV-
AL TO LOCATE A GENERAL RESTAURANT IN THE "SR ",
SPECIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT
5898 SUNSET DRIVE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV-
ALTO LOCATE A GENERAL RESTAURANT IN THE "SR" SPE-
CIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT
MYRA & COMPANY'S DAY SPA, 7313 SW 59 COURT.
Inquiries concerning this item should be directed to the Planning Divi-
sion at: 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub -
lic that if a person decides to appeal any decision made by this Board,
n to and su scri ore me this Agency or Commission with respect to any matter considered at its meet -
or 2 April 2000 ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
.... day .... .. . .. , A. of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
i 4191 00- 3- 102/46133M
(SEAL) fl�I,(tY RV OiTFltAAL NOTARY SEAL
JANETf LLE"'MINA
Sookie Williams persona C@MfSMON 1Vt UBER
Ccssa004
rk"?c,,FAY QOMM"ON EXPIRES
JUNE 23,2600
City of South mi4m;
Planning & ZoningDep, ' artni
ent
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326 Fax: (3Q5)066,-459l1,
Application For Public Hearing Before Plann'!n:' g'.Boaid,-& -City Colni'mission
Address of Subject Property:
-7 c S, Ct C -'F
,' 0
Lot(s) Bic-,-k $ubdiyks;iqn 2 L n\jr) rl-
PB
Meets & Bounds:
�
Appli nt, k
(33 N Nkj TA�
Phone,
c s
Representative' _V -- "
1p_
Orgapizati6h�-
Address,
Phone:
Property Owner.
Z�7
lignatu
Mailing Address: 5 C -
el(-4
Phone:
(,-�
Architect/Engineer:
Phone-'
Oq
APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
EASTHE
Owner Owner's Representative —Contract to purchase —Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLE,46E CHECK ALL THAT APPLY:
Text Amendment to LDC —Variance
" — Letter of intent
Comprehensive Plan XSpecial Use
— Justifications for change
PUD Approval Rezoning
— Statement of hardship
PUD Major Change __Special Exception
-roof of ownership or letter from owner
—Other
Power of attorney
Briefly explain application and cite specific Code sections:
ntract to purchase
—lurrent survey t�
N-c-
7 copies of Site Plan and
1 reduced copy@ 8.5 "x11"
C-
i'20% Pr erty owner signatures or
affidavit
/ Mailing labels OP sets) and map 1,�-
Section Subsection:-3��J Page* 4 C) Amended Date:
equiredFee(s) 1/
The undersigned has
cn�ff to-the best of J
ication and represents that the information and all submitted materials are true and
and belief.
115-atef
ipti ns fitted materials will be reviewed for compliance with the Land Development Code and other
Up ion ications; found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PS Hearing
Date of Commission
Petition Required Petition Accepted
Method of Payment
1/10/00
r
ray
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LEGAL DESCRIPTION
LOTS 10, 11 AND 12, OF BLOCK 1, OF "AMENDED PLAT OF THE SOLOVOF
SUBDIVISION', ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 7, AT PAGE 11, OF 1HE PUBLIC RECORDS OF MIAMI -DADE COUNTY,
FLORIDA.
PROPERTY ADDRESS: '1313 S•u! 59441 COURT, iE; 9 H HLAHI , r- L.O1211
JUAN J. BGWFlr�✓{��'J-
- PRG7ESSr_4K %t EYOR ANYM
STATE (9 FL uA
.AND 3LEG3= I-TL> .J- (a-, C
DATE: �.
D ON CONCRETE P/L - PROPERTY LINE U.P. UTILITY POLE NOT VA05 WITHOUT PAS OR
;EODETIC VERTICAL DATUM R. w RADIUS V.G. w VALLEY GUTTER
ALE RAD. • RADIAL IN ' M. . WATER METER SLAL AND SIGNA-WRE OF A
ELECTRIC LINE REC. - RECORD W.V. WATER VALVE �LICENSWSIJWEYOR AND M
ECORDS BDOK RES. RESIDENCE ZS . CENTRAL ANGLE
R/W
RIGHT-OF-WAY �yry,W W000 FENCE /�
' CONTROL POINT SEC. w SECTION -+-*- w CHAIN LINK FENCE J* Bonfill &Associates, Inc* RENSION: _,...,
S.I.P. . SET IRON PIPE NO. L.S. 3179 � : C.B.S. WALL
IEGINNING STY. . STORY gI% - ELEVATIONS Registered Surveyor and Mopper, State of Florida. LB No. 3398 REVISION: DIAMETER
REFERENCE MONUMENT T. ANENT % =IRON FENCE 9360 S.W. 72nd STREET, Sulfa 265 CIIEM:
U.E. . UTILITY EASEMENT Miami, Florida 33173 (305) 598 -8383 FAX: 598 -0023 ORDER NO. 99-
Re; q5 -Q43 q8 -25oI qg-
THE NATIONAL FLOOD DSURANCE RATE MAP DATED07 -17 - 19 99 PUBLISHED BY THE FEDERAL EMERGENCY YANACEM:NT ACENC
THE HEREIN DESCRIBE) LAND TO BE SM ATED WITHIN ZONE x COMIJUNnY NO. 2k6 P4& -Z
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I HEREBY CERTIFY: That the BOUNDARY SURVEY of the above described prop" is true and correct to the ba
knowledge and belief as panty surveyed under my direction, also that there are no above ground encrodrhmente unles
- T
This survey meet* the minimum technical standards set forth by the Florida Board of Profeesieno Survyom and M- ppers, i,
se
6107 -6, Florida Administrative Code, pursuant to ction 4 >2.027 Florida Statutes. Examinaton of '.1e aM,rad of
have to be mode to determine recorded instruments, if any, affecting the property. location and idenlRS,ation as uli6l',es
to the properly were not secured es such Information was not requested. Ownership H sub)act to opinion of title. This e
not Intended for design nor construction purposes. For those purposes a Topographic Survey is required.
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LEGAL DESCRIPTION
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SUBDIVISION ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 7, AT PAGE 11, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY,
FLORIDA:
PROPERTY ADDRESS: 1313 S.u/ 59141 COURT, e,:jE7TH HIAHI , r-L.O12
THE NATDNIL ROOD RSURANCE RATE MAP 0ATED07 -17 • 1995 PUBLIM BY THE FEDERAL EMERGENCY WLAGEAfNT ACE
THE HEREIN DESCRIBE) LAND TO BE SITUATED WITMN ZONE X COMMILA Y NO. 120056 P,,2-1(
1 NERMY CERTIFY: That the 80UNDAW SURVEY d the .bo.e de.oNbd pro" 0 twe and tyrod to an D
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CITY O F SOUTH MIAMI
Planning Board
Regular Meeting
Action Summary Minutes
Tuesday, April 11 2000
Sylva Martin Building
6130 Sunset Drive
7:30 P.M.
1. Call to Order and the Pledge of Allegiance
Action: Mr. Morton called the meeting to order at 8:35 p.m. and the Pledge of Allegiance
was recited.
II. Roll Call
Action: Roll Call was performed.
Board members present constituting a quorum included
Mr. Morton, Mr. Illas, Mr. Lefley, Ms. Gibson, Ms. Chimelis
Board member absent
Mr. Cooper
City staff present
Subrata Basu (ACM/Planning Director); Lourdes Cabrera - Hernandez (Planner); David
Struder (Board Secretary)
III. Public Hearings
ITEM: PB -00 -007
Applicant: Maurizio Farinelli & Agustin Sanchez, on behalf of Mau Inc.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR ", SPECIALTY RETAIL DISTRICT
SPECIFICALLY AT 5898 SUNSET DRIVE.
Planning Board Minutes 04 -11 -00 1
Location: Pizzeria Restaurant
5898 Sunset Drive, South Miami, Florida
Action: Mr. Illas read the request into the record and City staff introduced the item.
Public speaker: Mr. Maurizio Farinelli
Motion: Mr. Illas moved approval of the request with conditions:
(1) that the interior structure will be modified to allow for refuse removal and deliveries
via the adjacent restaurant; (2) that this application, as well as other applications of this
nature, before going to the City Commission, should include a parking allocation letter
provided by the City to the lessee.
Ms. Chimelis seconded the motion
Vote: Approved 6 Opposed 0
ITEM: PB -00 -008
Applicant: Myra Porter, on behalf of Myra & Co.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR ", SPECIALTY RETAIL DISTRICT
SPECIFICALLY LOCATED AT MYRA & COMPANY'S DAY SPA,
7313 SW 59 COURT.
Location: Katy's Cafe
7313 SW 59 Court, South Miami, Florida
Action: Mr. Morton read the request into the record and City staff introduced the item.
Public speakers: Ms. Myra Porter and one employee of Myra & Company
First motion: Mr. Illas moved denial of the request. Motion died for lack of second.
Second motion: Mr. Lefley moved approval of the request with conditions:
(1) that air- conditioned space be utilized for refuse /waste; (2) that ventilation be adequate;
(3) that the restaurant use apply only to said applicant; (4) that no outside advertising of the
cafe be permitted.
Ms. Chimelis seconded the motion
Vote: Approved 5 Opposed 1 (Mr. Illas)
ITEM: PB -00 -009
Applicant: Mayor and City Commission
Planning Board Minutes 04 -11 -00 2
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.
Action: Mr. Morton noted that City staff had asked that the item be deferred.
ITEM: PB -00 -010
Applicant: Mayor and City Commission:
Request:
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.
Action: Mr. Morton noted that City staff had asked that the item be deferred.
IV. Discussion Items
No discussion items were scheduled at meeting time.
IV. Approval of Minutes
Action: The Board duly approved the minutes of March 14, 2000, as submitted.
Vote: Approved 6 Opposed 0
VI. Remarks / Discussion
Action: The Board related its opinion that information provided by City staff for agenda
items is lacking and should be made more thorough.
Planning Board Minutes 04 -11 -00
3
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Dater April 28, 2000
From: Charles D. Scurr Agenda Item # _i_1
City Manager G� Comm. Mtg. 5/2/00
Special Use approval
5898 Sunset Drive
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A
GENERAL RESTAURANT IN THE "SR," SPECIALTY RETAIL DISTRICT
SPECIFICALLY AT 5898 SUNSET DRIVE.
APPLICANT'S PROPOSAL
The applicant is requesting a Special Use Approval to operate a general restaurant, a pizzeria, at
the above referenced location. The proposed area of the restaurant is to be located within an
existing one story building. It will occupy a total of 1,530 square feet, and will have atraditional
family oriented casual atmosphere serving salads, sandwiches, focaccia, pizza and a variety of
breads accompanied by soda, wine and imported beers. Operating hours are from 11:00 a.m. to
10:30 p.m. Sunday through Thursday and 11:00 a.m. to 11:30 p.m. Friday and Saturday.
SPECIAL CONDITIONS APPLICABLE
The LDC provides that special uses must be approved by the City Commission after a public
hearing and receipt of a recommendation from the Planning Board. The overall purpose is to
determine the compatibility of the proposed use with the surrounding neighborhood. In addition,
special uses may also be required to comply with the additional requirements, which are set forth
in Section 20- 3.4(B)(4)(b). In the case of a general restaurant the following supplemental
requirements are listed:
(i) All such establishments shall provide only inside or patio service on private property.
Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio
or street -side services of any kind.
(ii) No services of a drive -in or of a fast food nature shall be permitted.
(iii) The city commission shall review and recommend approval, disapproval or
modification of all site plans and projects specifications for this special use permit.
ANALYSIS
The proposed use is located in the "SR" Specialty Retail district. A general restaurant is
permitted with a Special Use Approval. The proposed use must meet the requirements for special
uses contained under Section 20- 3.4(B)(4)(b) General Restaurant and Section 20 -5.8 Special Use
Approval of the LDC. A general restaurant shall mean an establishment where the principal
business is the sale of food and beverages to the customer . in a ready-to-consume state and where
the design shall provide a sit -down area for the customers. A restaurant having 1,530 square feet
g
requires one space for every 100 square feet for a total of 16 parking spaces. The previous retail
use was less intense, requiring one space for every 300 square feet, resulting in a credit of only
six parking spaces. As a result of a more intense use the applicant needs ten additional parking
spaces. Allowing for the three existing parking spaces in front, seven additional parking spaces
are ` required. The applicant has complied by providing staff with a letter stating that the
remaining seven parking spaces will be leased through the City of South Miami at the South
Miami Metro Rail Station parking garage.
The requested special use complies with the LDC requirements set forth for special uses in
Section 20 -3.4 and the proposed use meets the conditional requirements set forth in Section 20-
5.8(B)(1) in that use:
a) Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
The proposed use does not conflict with the Comprehensive Plan and meets the requirements set
forth for special uses and general restaurant as stated above.
PLANNING BOARD ACTION
The subject application was presented to the Planning Board at its April 11, 2000 meeting, At
that time the Board adopted a motion (6 -0) recommending approval of the application subject to
the following conditions: 1) that seven parking spaces are leased prior to issuance of a certificate
of occupancy and that this application should include a parking allocation letter provided by the
City to the leasee before going to the City Commission; 2) that the interior structure will be
modified to allow for refuse removal and deliveries via the adjacent restaurant.
RECOMMENDATION
APPROVAL with the conditions as specified above by the Planning Board.
Attachments:
Proposed Draft Resolution
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
5 OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
6 20- 3.4(B)(4) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
7 APPROVAL TO LOCATE AN GENERAL RESTAURANT IN THE " SR
8 "SPECIALTY RETAIL ZONING DISTRICT SPECIFICALLY AT 5898 SUNSET
9 DRIVE
10
11
12 WHEREAS, Maurizio Farinelli & Agustin Sanchez, on behalf of Mau Inc.,
13 property owners of 5898 Sunset Dr. submitted an application for a special use to
14 allow a general restaurant to be located in a "SR ", Specialty Retail zoning district
15 specifically at 5898 Sunset Dr.; and
16
17 WHEREAS, an general restaurant is allowed as a special use in a Specialty
18 Retail Zoning District subject to meeting certain conditions specified in the Land
19 Development Code Section 20- 3.4(B)(4) ;and
20
21 WHEREAS. The approval of a special use requires a recommendation from
22 the Planning Board and the approval of the City Commission after a public hearing;
23 and
24
25 WHEREAS, The Planning and Zoning Department staff recommended
26 approval of the proposed special use with the conditions: and
27
28
29 WHEREAS, on April 11, 2000, the Planning Board voted 6 -0 to recommend
30 approval with conditions of the special use request; and,
31
32 WHEREAS, the Mayor and City Commission of the City of South Miami
33 desire to accept the recommendation of the Planning Board.
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1: That a special use is approved for locating an general restaurant at 5898
39 Sunset Drive subject to the following conditions :1) that seven parking spaces are
40 leased prior to issuance of a certificate of occupancy and that this application should -
41 include a parking allocation letter provided by the City to the leasee before going to
42 the City Commission; 2) that the interior structure will be modified to allow for
43 refuse removal and deliveries via the adjacent restaurant.
44
45
1
2 Section 2: This resolution shall take effect immediately upon approval
3
4 PASSED AND ADOPTED this day of , 2000.
5
6
7 ATTEST: APPROVED:
8
9
10 CITY CLERK MAYOR
11
12
13 READ AND APPROVED AS TO FORM:
14
15
16
17 CITY ATTORNEY
MAU, INC:
5898 Sunset Drive:
South Miam , Fl. .33143
I
�L City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326 Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: 3� SrrrSe b Lots) LE
Block Subdivision
PB
Meets & Bounds:
Applicant:_. �� Phone:
30�
Representative: Organization:
>�.u. a-t• z? i o Vii' � r>G1.G '
Address: Phone:
25o6--
6�j4C Sra r e� ��2 J?t° In' - �33/5�3
Property Owner: :57g 9'e 5u n5e:21' _7;�5 e Signature:
Mailing Address: Phone:
9 tic 5ar6e! `' P-4, - / m, - L 33(tl3
3G 4-8
Arrhifect/Engineer: Phone:
,\S THE APPLICANT, PI FASP INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
''4,-. wner Cwnees Representative _Contract to purchase 4Option
to purchase Tenant/Lessee
ArrL:CATIOX 'S HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPRO?RIATE ITEM:
Variance
PLEASE CHECK ALL THAT APPLY:
Letter intent
I ezt Amendmpr.t to LDC
2!L of v�
_ Comprehensive Plan ){Special Use
— Justifications for change
_ pUD Approval _Rezoning
Statement of hardship
PUD Major Change _Special Exception
Proof of ownership or letter from owner Lam`
_,Other
_ Power of attorney
*isTly sxplain application ene citF specific Code sections:
_ Contract to purchase
-& Current survey r%
t 7 copies of Site Plan and
1 reduced copy @ 8.5"x11"
20% Property owner signatures or
affidavit ✓
Section: Subsection: Page #: Amended Date:
Mailing labels (3 -sets) and map
Required Fee(s) V'
The undersigned has re this completed application and represents that the information and all submitted materials are true and
correct th o a ph*
knowledge and belief.
App ant s Signa a and title Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code . and other
applicable reguri&ns. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
1 /10 /00
CITY OF SOUTH MIAMI
INTEROFFICE MEMORANDUM
To: Whom it may concern
From: ata Basu, ACM/ Planning Director
Subject: 5898 SW 72 Street/ Parking commitment letter
Date: 04/14/00
Cc: Hakeem Oshikoya, Finance Director
This will serve as the parking allocation letter guaranteeing seven (7) spaces at the Metro
Rail Station. These spaces are deducted from the spaces that are allocated to the City by
the Miami Dade transit Agency. Please do not hesitate to call this office at 305 663 6344
if you have any questions. Thank you.
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CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Action Summary Minutes
Tuesday, April 11, 2000
Sylva Martin Building
6130 Sunset Drive
7:30 P.M.
L Call to Order and the Pledge of Allegiance
Action: Mr. Morton called the meeting to order at 8:35 p.m. and the Pledge of Allegiance
was recited.
II. Roll Call
Action: Roll Call was performed.
Board members present constituting a quorum included
Mr. Morton, Mr. Illas, Mr. Lefley, Ms. Gibson, Ms. Chimelis
Board member absent
Mr. Cooper
City staff present
Subrata Basu (ACM/Planning Director); Lourdes Cabrera - Hernandez (Planner); David
Struder (Board Secretary)
III. Public Hearings
ITEM: PB -00 -007
Applicant: Maurizio Farinelli & Agustin Sanchez, on behalf of Mau Inc.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR ", SPECIALTY RETAIL DISTRICT
SPECIFICALLY AT 5898 SUNSET DRIVE.
Planning Board Minutes 04 -11 -00 1
Location: - - Pizzeria Restaurant
5898 Sunset Drive, South Miami, Florida
Action: Mr. Illas read the request into the record and City staff introduced the item.
Public speaker: Mr. Maurizio Farinelli
Motion: Mr. Illas moved approval of the request with conditions: -
(1) that the interior structure will be modified to allow for refuse removal and deliveries
via the adjacent restaurant; (2) that this application, as well as other applications of this
nature, before going to the City Commission, should include a parking allocation letter
provided by the City to the lessee.
Ms. Chimelis seconded the motion
Vote: Approved 6 Opposed 0
ITEM: PB -00 -008
Applicant: Myra Porter, on behalf of Myra & Co.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE
FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL
RESTAURANT IN THE "SR ", SPECIALTY RETAIL DISTRICT
SPECIFICALLY LOCATED AT MYRA & COMPANY'S DAY SPA,
7313 SW 59 COURT.
Location: Katy's Cafe
7313 SW 59 Court, South Miami, Florida
Action: Mr. Morton read the request into the record and City staff introduced the item.
Public speakers: Ms. Myra Porter and one employee of Myra & Company
First motion: Mr. Illas moved denial of the request. Motion died for lack of second.
Second motion: Mr. Lefley moved approval of the request with conditions:
(1) that air - conditioned space be utilized for refuse /waste; (2) that ventilation be adequate;
(3) that the restaurant use apply only to said applicant; (4) that no outside advertising of the
cafe be permitted.
Ms. Chimelis seconded the motion
Vote: Approved 5
ITEM: PB -00 -009
Opposed 1 (Mr. Illas)
Applicant: Mayor and City Commission
Planning Board Minutes 04 -11 -00
2
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.
Action: Mr. Morton noted that City staff had asked that the item be deferred.
ITEM: PB -00 -010
Applicant: Mayor and City Commission:
Request:
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.
Action: Mr. Morton noted that City staff had asked that the item be deferred.
IV. Discussion Items
No discussion items were scheduled at meeting time.
IV. Approval of Minutes
Action: The Board duly approved the minutes of March 14, 2000, as submitted.
Vote: Approved 6 Opposed 0
VI. Remarks / Discussion
Action: The Board related its opinion that information provided by City staff for agenda
items is lacking and should be made more thorough.
Planning Board Minutes 04 -11 -00 3
VII. Adjournment
There being no further business before the Board, the meeting was adjourned at
approximately 9:30 p.m.
Planning Board Minutes 04 -11 -00 4
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f /k!a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING- 5/2/00
RESOLUTION ICE: SECTION
20- 3.4(2)(4)(%), ETC=
in the ... ......... XXXXX ...................... Court,
was published in said newspaper in the issues of
Apr 21, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
Cou Florida, for a period of one year next preceding the
fir, pu fication of the attached copy of advertisement; and
a ant rther says that she has neither paid nor promised
y p son, firm or corporation any discount, rebate, com-
issi or refu d for the purpose of securing this advertise -
e for publ�tion in the said netwspaper.
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting on Tuesday, May 2, 2000 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV-
AL TO LOCATE A GENERAL RESTAURANT IN THE "SR ",
SPECIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT
5898 SUNSET DRIVE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20- 3.4(8)(4)(b) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROV-
ALTO LOCATE A GENERAL RESTAURANT IN THE "SR" SPE-
CIALTY RETAIL DISTRICT SPECIFICALLY LOCATED AT
MYRA & COMPANY'S DAY SPA, 7313 SW 59 COURT.
Inquiries concerning this item should be directed to the Planning Divi-
sion at: 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board,
orn to and su scri ore me this Agency or Commission with respect to any matter considered at its meet -
2 April 2000 ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, aff ected person may need to ensure that a verbatim record
.... day ............. .... .. . .. . A. ...... of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
....... d191 00- 3- 102/46133M
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JANETT LLEfWNA
Sookie Williams persona O � Q@MF1FMON f+ USER
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Comm'n.
From: Earl G. Gallop
Date: April 26, 2000 /&/
Re: Resolution approving settlement
Rafael P. Hernandez, Jr. v. City of
South Miami, Case no. 97 -20583
CA 11 (Fla. 1 I" Cir. Ct., 1997)
Subject: A resolution relating to claims; approving a settlement with former Chief
Hernandez.
Discussion: Former police chief Ralph Hernandez was fired by former city manager Dennis
Whitt. Hernandez sued the city in state circuit court for damages for violation of the state
whistle, blower act and breach of an oral contract to give him a due process hearing in a
termination proceeding. On the due process claim, the law is clear that a former city
manager (Mr. Eddie Cox) does not have the authority to grant an at -will employee due
process rights. I believe that the whistle blower claim is defective because Hernandez made
only generalized statements about Whitt's malfeasance. However, the law is not well -
developed regarding the degree of specificity that an employee must articulate the wrongful
acts of a superior and the harm those acts may cause. As the court denied the city's motion
for a summary judgment, the matter will be tried to a jury. I expect that a jury might return
a verdict in the range of $100,000 to $300,000, as compensation for lost wages, benefits and
attorneys' fees and costs. While we might win a reversal on appeal, there is a substantial
possibility that a verdict will be upheld.
In negotiations, Mr. Hernandez agreed to accept $110,000 as full and complete settlement
of all claims, including his attorneys' fees. Although the whistle blower claim is not covered
by self- insurance, the Florida League of Cities has agreed to pay one -half of that amount,
$55,000. Mr. Scurr and Chief Watson have reviewed and approved the settlement agreement.
Recommendation: Approve the settlement agreement resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF HERNANDEZ v. CITY OF SOUTH MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; DIRECTING PERFORMANCE OF CERTAIN
REQUIREMENTS UNDER THE AGREEMENT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
desire to settle a pending lawsuit styled Rafael P. Hernandez, Jr. v. City of South
ffiami, Case no. 97 -20583 CA 11 (Fla. l It' Cir. Ct., 1997); and,
WHEREAS, the City Attorney advises that it is in the best interest of the
City to settle the pending action, the settlement amount is $110,000.00, and the
agreement, entitled "Settlement and Release Agreement," which is attached to this
resolution, is legally sufficient in form and content.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The settlement agreement, entitled "Settlement and Release
Agreement ", which is attached to this resolution, is approved. The City Manager
is authorized to execute the, agreement and to implement any requirements that
require action by the City. A copy of this resolution and the settlement agreement
will be placed in the personnel record of Mr. Hernandez.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of May, 2000.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
Additions shown by underlining and deletions shown by
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COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
1
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement is entered into between Plaintiff, RAFAEL P.
HERNANDEZ, JR. (hereinafter referred to as "HERNANDEZ "), and Defendant, CITY OF SOUTH
MIAMI, FLORIDA (hereinafter referred to as the "CITY "). HERNANDEZ and the CITY shall
collectively be referred to as the "PARTIES ")
WHEREAS, HERNANDEZ was employed by the CITY as the Chief of Police.
WHEREAS, HERNANDEZ has filed a lawsuit against the CITY in the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, Florida. The action has been assigned Case No.
97- 20583 CA 11 (hereinafter the "Civil Action ").
Action.
WHEREAS, the CITY denies the allegations made against it by HERNANDEZ in the Civil
WHEREAS, the PARTIES, in an amicable fashion, desire to avoid incurring further costs
of litigation and are desirous of settling all existing disputes and claims between them in conjunction
with HERNANDEZ's employment with and/or termination from the CITY including, but not limited
to, HERNANDEZ's claims against the CITY in the instant lawsuit.
WHEREAS, the PARTIES have reached a full and final compromise and settlement of all
matters, causes of action, claims and contentions between them.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and for other good and valuable consideration, it is hereby agreed by and between the
PARTIES as follows:
1. The CITY denies the allegations made against it by HERNANDEZ in the Civil
Action. This Agreement shall not in any way be construed as an admission by the CITY of any
unlawful conduct or wrongdoing whatsoever against HERNANDEZ, or any other person, or as an
admission by the CITY of any violation of any order, law, statute, duty, contract, or any act of
discrimination, whatsoever, against HERNANDEZ or any other person.
2. The PARTIES hereby agree to execute whatever documents are reasonably required
to facilitate or effectuate this Agreement. The PARTIES agree that they will take all necessary
actions and execute, serve, and file all necessary documents and pleadings to dismiss Civil Action
No. 97 -20583 CA 11, with prejudice, within five (5) working days of the CITY's payment of the
sum described below.
3. HERNANDEZ hereby unconditionally and irrevocably releases and forever
discharges the CITY, and all current or former City Commissions, its individual members, mayors,
administrators, employees, agents, servants, fiduciaries, or officers ofthe CITY, and their successors
and assigns, of and from, and agrees not to sue and not to assert against them any causes of action,
claims, demands, whatsoever, known or unknown, at law, in equity, or before any agency or
commission of local, state, and federal governments, arising, alleged to have arisen, or which might
have been alleged to have arisen, or which may arise under any law (whether or not alleged in the
Civil Action), including, but not limited to, federal, state and/or municipal laws such as 42 U.S.C.
§1983, Title VII, the Age, Discrimination and Employment Act (ADEA); Chapter 760, Florida
Statutes; statutes and laws of contract or torts, including without limitation, claims for wrongful
discharge, defamation, violation of civil and/or constitutional rights, negligent or intentional
infliction of emotional distress and pension, retirement or deferred compensation benefits (other than
as set forth herein) that HERNANDEZ, on behalf of himself and on behalf of persons similarly
-2-
situated, ever had, now has, or which has heirs, executors, administrators, or assigns, or any of them,
hereafter can, shall or may have for any reason or cause whatsoever, to the date of this Agreement.
4. IN FURTHER CONSIDERATION of the agreements above, the CITY agrees to pay
the total sum of ONE HUNDRED TEN THOUSAND AND NO /100 ($110,000.00) DOLLARS.
In the event it is ever determined that any portion of the settlement amount constitutes taxable
income, HERNANDEZ agrees that he is liable and fully responsible for payment of any and all taxes
normally and customarily paid by a like person; including, any penalties, interest or other costs
attributable to the late payment of such taxes. HERNANDEZ further agrees to indemnify the CITY
in the event any tax liability is later determined to exist, however, this indemnity does not apply to
any monies the CITY customarily would have paid.
5. IN FURTHER CONSIDERATION, the CITY agrees to take any and all steps
necessary to assist HERNANDEZ in the release of his deferred compensation funds accumulated
while in the employ of the CITY. In the event of any tax liability incurred as a result of any actions
taken by HERNANDEZ with those deferred compensation funds, HERNANDEZ agrees to hold the
CITY harmless and indemnify the CITY from same.
6. AS ADDITIONAL CONSIDERATION, the CITY agrees to amend HERNANDEZ's
Affidavit of Separation with the Criminal Justice Standards and Training Commission, a division
of the Florida Department of Law Enforcement, in a manner agreeable between the PARTIES. The
PARTIES agree to use the latest form now in use by the Florida Department of Law Enforcement.
7. Nothing herein is designed to preclude any party from enforcing the terms of this
Agreement, the provisions of which shall be governed and construed in accordance with Florida law.
In the event of legal action between the PARTIES hereto, their successors or assigns, arising out of
-3-
or in connection with this Agreement, the prevailing party in any such action shall be entitled to
receive reasonable attorney's fees and costs and appellate attorney's fees and costs incurred in
connection therewith. The venue of any cause of action, claim or complaint arising out of this
Agreement shall be in Miami -Dade County, Florida.
8. HERNANDEZ represents and agrees that he has voluntarily and knowingly entered
into this Agreement, that he has had an opportunity to review this document with anyone of his
choosing, including his attorney, and that this Agreement encompasses the full and complete
agreement between the PARTIES.
9. Should any provision of this Agreement be declared or determined by any court of
competent j urisdiction to be illegal, invalid, or unenforceable, the legality, validity and enforceability
of the remaining parts, terms or provisions shall not be affected thereby, and said illegal,
unenforceable or invalid part, term or provision shall be deemed not to be part of this Agreement.
10. This Agreement may be executed in several counterparts, each of which shall be
deemed an original.
11. This Agreement may not be amended or modified in any respect whatsoever, except
via writing duly executed by the PARTIES, and the PARTIES each agree that they shall make no
claims at any time that this Agreement has been orally modified or amended.
12. The PARTIES hereto represent and acknowledge that in executing this Agreement,
they do not rely and have not relied on any representation or statement made by any of the PARTIES
or by any of the PARTIES' agents, representatives, or attorneys with regard to the subject matter,
basis, or effect of this Agreement or otherwise other than those specifically stated in this written
Agreement.
-4-
13. This Agreement shall be binding upon the PARTIES hereto, and upon their heirs,
administrators, representatives, executors, successors and assigns, and shall inure to the benefit of
said PARTIES and each of them and to their heirs, administrators, representatives, executors,
successors and assigns.
WITNESSES:
RAFAEL P. HERNANDEZ, JR.
Date:
THE CITY OF SOUTH MIAMI
Dates
JOHNSON, ANSELMO, MURDOCH,
BURKE & GEORGE, P.A.
Attorneys for Defendant -
790 East Broward Boulevard
Suite 400
Fort Lauderdale, FL 33301
(954) 463 -0100 (Telephone)
(954) 463 -2444 (Facsimile)
LIM
RICHARD H. McDUFF
Florida Bar No. 724671
H:\LIBRARY \FLC\ Hernandez - Rafael \Settlement \Settlement. Release.Agreement.wpd
-5-
MIAMI GAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING° 5/2/00
RESOLUTION RE: CLAIMS,
APPROVING A SETTLEMENT
AGREEMENT, ETC.
in the ............ ..
XXXXX ...................... Court,
waaspu p lis2h1 in said 00e 0 paper in the issues of
A1,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corporation any discount, rebate, com-
mission refund foe the purpose of securing this advertise-
ment f ublicabo in the said newspaper.
w n to and
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.. day _ .. _
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-2000
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Sookie Williams personall CBNMM&ON NUMBER
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MY COMMIWION EXPIRES
QF Ft� JUNE 23.2000
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting on Tuesday, May 2, 2000 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF HERNANDEZ V. CITY OF SOUTH MIAMI; AUTHOR-
IZING THE CITY MANAGER TO EXECUTE THE AGREEMENT;
DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF RATNER V. CITY OF SOUTH MIAMI; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT; DI-
RECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
Inquiries concerning this item should be directed to the City Manager's
Office at: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet- .
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
4/21 00-3-81/45996M
®" CITY OF SOUTH MIAMI
INTER— OFFICE MEMORANDUM
To: Mayor and City Comm'n. Date: April 26, 2000 /1_6 0000
From: Earl G. Gallop Re: Resolution approving settlement
Thomas K Ratner v. City of South
Miami, Case no. 98- 22043 CA -02
(S.D. Fla. 1998)
Subject: A resolution relating to claims; approving a non - monetary settlement with Ratner.
Discussion: Ratner, a former city of South Miami police officer, sued the city in federal
district court on claims that the city interfered with his employment with the Florida Fresh
Water Fish and Game Comm'n. and violated a federal right by seeking to have him de-
certified by the state of Florida. The allegations are false. Ratner proposed a non - monetary
settlement to remove a termination memo from his personnel file, which he maintains will
assist him in obtaining employment as a security officer. In negotiations, we declined to
agree to remove any public records from his file, but agreed to allow him to place in the file
a back -dated resignation letter, attached to a settlement agreement, and to refer any
prospective employers to his personnel file without commenting on the nature of his
severance from the city. I believe that this arrangement maintains the integrity of the file and
the facts for anyone to review. Mr. Scurr and Chief Watson have reviewed and approved the
settlement agreement.
Recommendation: Approve the settlement agreement resolution.
a�
r
j
®" CITY OF SOUTH MIAMI
INTER— OFFICE MEMORANDUM
To: Mayor and City Comm'n. Date: April 26, 2000 /1_6 0000
From: Earl G. Gallop Re: Resolution approving settlement
Thomas K Ratner v. City of South
Miami, Case no. 98- 22043 CA -02
(S.D. Fla. 1998)
Subject: A resolution relating to claims; approving a non - monetary settlement with Ratner.
Discussion: Ratner, a former city of South Miami police officer, sued the city in federal
district court on claims that the city interfered with his employment with the Florida Fresh
Water Fish and Game Comm'n. and violated a federal right by seeking to have him de-
certified by the state of Florida. The allegations are false. Ratner proposed a non - monetary
settlement to remove a termination memo from his personnel file, which he maintains will
assist him in obtaining employment as a security officer. In negotiations, we declined to
agree to remove any public records from his file, but agreed to allow him to place in the file
a back -dated resignation letter, attached to a settlement agreement, and to refer any
prospective employers to his personnel file without commenting on the nature of his
severance from the city. I believe that this arrangement maintains the integrity of the file and
the facts for anyone to review. Mr. Scurr and Chief Watson have reviewed and approved the
settlement agreement.
Recommendation: Approve the settlement agreement resolution.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF RATNER v. CITY OF SOUTH MIAMI;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; DIRECTING PERFORMANCE OF CERTAIN
REQUIREMENTS UNDER THE AGREEMENT; PROVIDING
AN EFFECTIVE DATE. -
WHEREAS, the Mayor and City Commission of the City of South Miami
desire to settle a pending lawsuit styled Thomas H. Ratner v. City of South Miami,
Case no. 98 -22043 CA -02 (S.D. Fla. 1998); and,
I
WHEREAS, the City Attorney advises that it is in the best interest of the
City to settle the pending action, the settlement is non - monetary, and the
agreement, entitled "Settlement and Release Agreement," which is attached to this
resolution, is legally sufficient in form and content.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The settlement agreement, entitled "Settlement Agreement
and General Release," which is attached to this resolution, is approved. The City
Manager is authorized to execute the agreement and to implement any
requirements that require action by the City. A copy of this resolution and the
settlement agreement will be placed in the personnel file of Mr. Ratner.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of May, 2000.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
Additions shown by underlining and deletions shown by °ri.
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READ AND APPROVED AS TO FORM
CITY ATTORNEY
\ \Dell 6100 \Documents \City of South Miami \.0022- 001 \3298.doc
Page 2 of 2
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
Q
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and Release is entered into between Plaintiff, THOMAS
RATNER (hereinafter referred to as "RATNER "), and Defendant, THE CITY OF SOUTH MIAMI,
FLORIDA ( "hereinafter referred to as the "City "). RATNER and the CITY shall collectively be
referred to as the "Parties ").
WHEREAS, RATNER was employed by the CITY as a police officer until July 18, 1991.
WHEREAS, RATNER has filed a lawsuit against the CITY to which Civil Action No. 98-
02580- CIV -SEITZ was assigned (hereinafter the "Civil Action ");
Action;
WHEREAS, the CITY denied the allegations made against it by RATNER in the Civil
WHEREAS, the Parties; in an amicable fashion, desire to avoid incurring further costs of
litigation and are desirous of settling all disputes and claims between them in conjunction with
RATNER's employment with and/or termination from the CITY, including, but not limited to,
RATNER's claims against the CITY;
WHEREAS, the Parties have reached a full and final compromise and settlement of all
matters, causes of action, claims and contentions between them.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration, and to avoid unnecessary litigation,
IT IS HEREBY AGREED by and between the Parties as follows:
The CITY denies the allegations made against it by RATNER in the Civil Action.
This Agreement shall not in any way be construed as an admission by the CITY of any unlawful
1
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conduct or wrongdoing whatsoever against RATNER or any other person or as an admission by the
CITY of any violation of any Order, law, statute, duty, contract, or any act of discrimination,
whatsoever, against RATNER or any other person.
2.The Parties hereby agree to execute whatever documents are reasonably
required to facilitate or effectuate this Agreement. The Parties agree that they will take all necessary
actions and execute, serve and file all necessary documents and pleadings to dismiss Civil Action
No. 98- 02580- CIV- SEITZ, with prejudice, within five (5) working days of approval by the City
Commission for the City of South Miami. RATNER further recognizes that this Settlement
Agreement is conditioned upon approval by the City Commission for the City of South Miami.
3.RATHER hereby unconditionally and irrevocably releases and forever discharges the
CITY, and all current or former City Commissions, its individual members, mayors, administrators,
employees, agents, servants, fiduciaries, or officers of the CITY, and their successors and assigns,
of and from, and agrees not to sue and not to assert against them any causes of action, claims,
demands, whatsoever, known or unknown, at law, in equity, or before any agency or commission
of local, state, and federal governments, arising, alleged to have arisen, or which might have been
alleged to have arisen, or which may arise under any law (whether or not alleged in the Civil
Action), including, but not limited to, federal, state and/or municipal laws such as 42 U.S.C. § 1983,
Title VII, the Age, Discrimination and Employment Act (AREA); Chapter 760, Florida Statutes;
statutes and laws of contract or torts, including without limitation, claims for wrongful discharge,
defamation, violation of civil and/or constitutional rights, negligent or intentional infliction of
emotional distress and pension, retirement or deferred compensation benefits that RATNER, on
behalf of himself and on behalf of persons similarly situated, ever had, now has, or which has heirs,
executors, administrators, or assigns, or any of them, hereafter can, shall or may have for any reason
or cause whatsoever, to the date of this Agreement.
4.In further consideration of the agreements above, the CITY agrees to allow RATNER
to submit an irrevocable Letter of Resignation from employment from the CITY OF SOUTH
MIAMI, reflecting a date preceding his termination from employment with the CITY. The Letter
of Resignation shall merely state that RATNER irrevocably and voluntarily resigns his employment
with the CITY OF SOUTH MIAMI. The Letter of Resignation shall be attached to this Settlement
and Release Agreement as Exhibit "A." If RATNER so chooses to communicate this Settlement
Agreement and attached Letter of Resignation to the Criminal Justice Standards and Training
Commission for the State of Florida, the CITY will not oppose him in doing so.
5.This Settlement and Release Agreement, with the attached Letter of Resignation,
shall be placed in RATNER's personnel file with the CITY. RATNER recognizes that this
Settlement Agreement, with accompanying Letter of Resignation, is a public record pursuant to
Florida law.
6.In the event of an inquiry from any third party as to RATNER's employment with
the CITY, the CITY shall merely refer the third party to RATNER's personnel file.
7.The Parties further agree that each shall bear its own costs and attorneys' fees, and
shall make no claim against the other for same.
S.RATNER further agrees not to make any application for employment, at any time,
in any capacity, with the CITY. RATNER further waives and releases any right to be considered
for such employment. RATNER further agrees that in the event he applies for employment with the
CITY, and is rejected for such employment, he will not file a charge or complaint in any court,
3
commission, or agency based on, or alleging facts related to, events occurring prior to, and including,
the date of the execution of this Agreement. RATNER agrees and acknowledges that he is not
waiving claims or rights that he may have after the execution of this Agreement, but that he has
contractually agreed not to apply for employment with the CITY in the future, and this Agreement
shall constitute a bar of any claim he may have should he apply for employment with the CITY in
the future and not be hired.
9.Nothing herein is designed to preclude any party from enforcing the terms of this
Agreement, the provisions of which shall be governed and construed in accordance with Florida law.
In the event of legal action between the Parties hereto, their successors or assigns, arising out of or
in connection with this Agreement, the prevailing party in any such action shall be entitled to receive
reasonable attorney's fees and costs and appellate attorney's fees and costs incurred in connection
therewith. The venue of any cause of action, claim or complaint arising out of this Agreement shall
be in Miami -Dade County, Florida.
10.RATNER represents and agrees that he has voluntarily and knowingly entered into
this Agreement, that he has had an opportunity to review this document with anyone of his choosing,
including his attorney, and that this Agreement encompasses the full and complete agreement
between the Parties.
I l .Should any provision of this Agreement be declared or determined by any court of
competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity and enforcibility
of the remaining parts, terms or provisions shall not be affected thereby, and said illegal,
unenforceable or invalid part, term or provision shall be deemed not to be part of this Agreement.
12.This Agreement may be executed in several counterparts, each of which shall be
0
JNr IVi LtvY, r.H TEL;305- 670 -0032 Apr 11'00 10:27 No.001 P.06
deemed an original.
13.This Agreement may not be amended or modified in any respect whatsoever, except
via writing duly executed by the Parties, and the Parties each agree that they shall make no claims
at any time that this Agreement has been orally modified or amended.
14-The Parties hereto mepresent and acknowledge that in executing this Agreement, they
do not rely and have not relied on any representation or statement made by any of the Parties or by
any of the Parties' agents, representatives, or attorneys with regard to the subject matter, basis, or
effect of this Agreement or otherwise other than those specifically stated in this written Agreement.
15.This Agreement shall be binding upon the Parties hereto, and upon their heirs,
administrators, representatives, executors, successors and assigns, and shall inure to the benefit of
said Parties and each of them and to their heirs, administrators, representatives, executors, successors
and assigns.
WITNESSES: )
� C
6y
- Q'i
THOMAS RA R
Date: II ? I L ? ;
THE CITY OF SOUTH MIAMI
Date:
0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flk(a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH .MIAMI
PUBLIC HEARING- 5/2/00
RESOLUTION RE. CLAIMS,
APPROVING A SETTLEMENT
AGREEMENT, ETC.
XXXXX ....... Court,
in the ................
waaspu p lis,�hed in s iid0newspaper in the issues of
A1,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she has neither paid nor promised
any person, firm or corporation any discount, rebate, com-
missionA refund for the purpose of securing this advertise-
ment f ublicatio,W in the said neviispaper.
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JANETT LLERENA
S CBNMIS&ON NUMBER
r CC566004
3 MY GOMMl EXPIRES
JUNE 23,2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings during its regular City
Commission meeting on Tuesday, May 2, 2000 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF HERNANDEZ V. CITY OF SOUTH MIAMI; AUTHOR-
IZING THE CITY MANAGER TO EXECUTETHEAGREEMENT;
DIRECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF RATNER V. CITY OF SOUTH MIAMI; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT; DI-
RECTING PERFORMANCE OF CERTAIN REQUIREMENTS
UNDER THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
Inquiries concerning this item should be directed to the City Manager's
Office at: 663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet- .
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
4/21 00- 3- 81145996M
CITY OF SOUTH MIAMI
iii►
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: April 28, 2000
Agenda Item #
From: Charles D. Scurr f6a"Ay, Re: Comm. Mtg. 05/02/00
City Manager Request by Mr. Jorge Jaen
for construction/Gables Edge
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPEAL
FROM A DECISION OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING THE DESIGN FOR EIGHT
SINGLE- FAMILY RESIDENCES, LOTS 9, 10, 13, 20, 23,
59, 60 AND 62, IN THE GABLES EDGE DEVELOPMENT,
LOCATED ON MILLER DRIVE
BACKGROUND & ANALYSIS:
The application first appeared before the Environmental Review and Preservation Board on
November 16 1999, requesting design approval for a single - family residence in the Gables Edge
community, located at 5821 SW 56 terrace (lot 59). The ERPB deferred the application due to
inconsistency in the plans. The Board suggested that the applicant revise the plans in order to show
that the floor plan matches the elevation (exterior fagade).
At the March 7, 2000 meeting of the ERPB, a new applicant, Mr. Jorge Jaen, first appeared before
the ERPB. He proposed the previously deferred design of a single - family floor plan for eight vacant
lots. In four out of the eight lots the floor plan is reversed. The exterior fagade treatment was
essentially the same for all the eight homes. The ERPB deferred the application and suggested that
the project be studied further to create a greater variation to the exterior facades.
At the ERPB meeting of April 4, 2000, the applicant proposed two elevations with minor variations.
The Board and the staff felt that the variations were not significant enough to provide architecturally
pleasing and appropriately scaled varied elevations. The project was again deferred and the
applicant was asked to incorporate the Board's comments from the previous meeting.
l
RECOMMENDATION:
The ERPB suggestions to provide varied exterior architectural design features is reasonable and will
enhance the appearance of the eight new homes within the development. It is recommended that
the appeal be denied.
Attachments
Proposed Resolution for Adoption
Copy of request to appeal ERPB decision dated April 4, 2000
Copy of response letter from City Clerk dated April 7, 2000
Copy of applicant's supplemental appeal letter dated April 17, 2000
Copy of site plan and elevations
Excerpt minutes of November 16, 1999; March 7, 2000 and April 4, 2000 ERPB meetings
2
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
5 APPEAL FROM A DECISION OF THE ENVIRONMENTAL REVIEW
6 AND PRESERVATION BOARD REGARDING THE DESIGN FOR
7 EIGHT SINGLE - FAMILY RESIDENCES, LOTS 9, 10, 13,
8 20, 23, 59, 60 AND 62, IN THE GABLES EDGE
9 DEVELOPMENT, LOCATED ON MILLER DRIVE.
10
11 WHEREAS On November 16, 1999, the Environmental Review and
II�
12 Preservation Board (ERPB) reviewed the application for a single-
13 family residence located at 5821 SW 56 terrace; and;
14
15 WHEREAS, the ERPB deferred the application due to
16 inconsistency in the plans and;`
17
18 WHEREAS, On March 7, 2000, the ERPB reviewed the application
19 for the design for eight single- family residence with one model,
20 in which four out of the eight lots the floor plan is reversed
21 and;
22
23 WHEREAS, the ERPB deferred the application and suggested
24 design variation on the exterior facade ,of the residences;
25
26 WHEREAS, On April 4, 2000, the ERPB reviewed the same
27 conditions applied for on March 7, 2000 with an additional
28 elevation (exterior facade) and;
29
30 WHEREAS, the ERPB deferred for further study the request for
31 approval of the design for eight single- family homes with one
32 plan and two (similar) elevations; and
33
34 Whereas, the Applicant wishes to appeal this decision,
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
37 OF THE CITY OF SOUTH MIAMI, FLORIDA:
38
39 Section 1. That the appeal to the decision of the
40 Environmental Review and Preservation Board of April 4, 2000,
41 regarding the design for eight single- family residences, Lots
42 9,10,13,20,23,59,60,and,`62, in the Gables Edge Development,
43 located on Miller Drive is hereby (approved /denied)
44
1 PASSED AND ADOPTED this 2nd day of May, 2000.
APPLICATION TO BE HEARD
REGULAR CITY COMMISSION MEETING
NAME: �� r�� L. Til�e—l�j
ADDRESS• %C) (
RECEIVED
DATE:
TELEPHONE NUMBER DURING BUSINESS HOURS: ,3 6'3c(-
S -s6 ?vy� LEI
STATE REASON FOR WHICH YOU WANT TO BE HEARD:
,I r
'J
Cs 1( --0A e— �,L"ILLr .
Li.i l
ADDRESS OF PROPERTY IF APPLICABLE:'
13, zo �n 62
4
IZ
RONETTA TAYLOR, CIVIC
CITY CLERK
April 7, 2000
Mr. Jorge Jaen
3010 NW 36th Street, B -214
Miami, FL 33142
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
305 / 663 -6340
FAX 663 -6348
Re: Schedule for Appeal of the ERPB decision on property
located at Gable Edge, Lots 59, 60, 13, 20, 9, 10, 23, 62
Dear Mr. Jaen:
Please be advised that your request to appeal the above
referenced issue has been scheduled before the South Miami City
Commission for Tuesday, May 2nd beginning at 7 :30 p.m., in the
City. Commission Chambers, 6130 Sunset Drive. This is a quasi -
judicial matter therefore proper advertising requirements must
be meta In addition, your reason for appealing the ERPB's
decision is too broad. More detailed information outlining your
specific issue is required. Please stop my office at your
earliest convenience to amend your appeal request.
If you require any further information please don't hesitate to
give my office a call at 305 - 663 -6340.
Sincerely,
Ronetta Taylor, `CMC
City Clerk
C:
Charles D. Scurr, City Manager
Subrata Basu, ACM /Planning Director
7 2000
Apr-26-00 03:46P City clerk 3056636348 P.01
3010 N.W 36 STRUT. B-214
1MTA\4T.F1.O'FTD1 A,33142.
'I F1 1305 ) 631-6697
WOURM
City Of South Miami
6130 Sunset Drive
South Miami, Florida. 33143
Atf. Rdnetta Taylor,CMC
City Clerk
Ref: Gables-Edge lots construction of new homes.
Ms.Taylor,
We are requesting to appeal our case to the South Miami Board of Commission, due to
that the E.R.P.B has requested certain changes to our plans that will change the structure of the
homes, and also change the interior of the bedrooms and living rooms.
We have tried to comply with the board's decision but at every board meeting we have
faced different challenges.
We, at Gables Edge Homes are in the best interest to comply with the board's decision,
but we feet that we have a good product, that will both comply with the area and sell in the South
Miami.
We feel very strongly about these homes and the people that will purchase them, but the
city has to understand that we can not overbuild a home.
We have guideline from bank and property appraisals that will limit the construction or
even the type of construction, if we go over those guidelines there will be no market for these
homes and in return the sale of these home will be almost impossible.
We would like to address to the commission that we have look over these plans with
interior decorators, licensed architect, engineers and potential buyers and they found no fault in
these plans.
Thank you for giving us this opportunity, If any question please call (305) 634-6697
Sincerely
(3J eA. J a en cEIVED
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CITY OF SOUTH MIAMI
ENVIRONMENTAL REVIEW & PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
Tuesday, April 4, 2000 8:30 AM
L CALL TO ORDER
Mr. Shaw, Acting Chair, called the meeting to order at 8:40 a.m.
IL PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited in unison.
III. ROLL CALL
Board members present constituting a quorum
Mr. Shaw, Ms. Banks, Mr. Vitalini
Board members absent
Ms. Mark, Ms. Radosevich, Mr. Whitehead, Ms. Clavijo
City staff present
Subrata Basu (ACM/Planning Director); Lourdes Cabrera - Hernandez (Planner); David Struder
(Board Secretary)
IV. REQUESTS
A. CONSTRUCTION (LANDSCAPING PORTION) [EB -99 -085]
Applicant: Hector L. Oliva, AIA
Address: 6360 Sunset Drive
Description: The Board approved the building portion of the project,
including elevations and colors, at its meeting held on
December 21, 1999, with the condition that the applicant
return for consideration of the landscaping portion. On
March 27, 2000, the applicant submitted a sketch of
landscaping (tree survey) existing at the vacant lot, as the
Board requested. The applicant intends to detail at the
meeting what will happen to any trees that have to be
removed due to construction.
Recommendation: Staff recommends approval, with the consideration that the
Board will discuss the landscaping, both existing and
proposed.
ERPB MINUTES 04 -04 -00 1
The Board and Mr. Goodin briefly discussed the application.
Motion: Mr. Shaw moved approval as presented. Ms. Banks seconded the motion.
Vote: Approved 3 Opposed 0
The Board continued by considering item D of the agenda, below.
D. RESIDENTIAL CONSTRUCTION - PRELIMINARY [EB -99 -082]
Applicant: Jorge Jaen (for Gables Edge Homes)
Address: Gables Edge
Description: The applicant seeks preliminary approval for construction of eight single -
family residences in the Gables Edge community located on Miller Drive. The Board
considered and deferred this item on November 16, 1999, as an application for construction
of one single- family structure. The Board also deferred this application as a preliminary at
its meeting held on March 7, 2000, with the recommendation that the application be studied
further, particularly with respect to varying the exterior of the residences, rather than
simply "flip flopping" the homes. On March 31, 2000, the applicant submitted to staff
additional information showing two models, the "Savannah" and the "Marbella," that have
slight variations. The applicant asked that the Board consider color schemes for the homes.
Also, the applicant noted that a tree survey of the lots and proposed landscaping for the
homes will return at a later time. Pictures of the lots and color samples for the homes will
be presented at the meeting.
Recommendation: Staff recommends further discussion and consideration of the
application.
Mr. Shaw read the request into the record.
Staff presented the item to the Board, noting that two models are now included as part of the
application and that they show only slight variations, such as trim details.
Staff also noted that the applicant had not submitted updated material until March 31, well after
the deadline of March 27, and could therefore only recommend further consideration.
Mr. George Jaen spoke as the representative.
The Board, Mr. Jaen, and staff reviewed the application.
The Board concurred that the similarity of the two models and the inclusion of blank walls for the
homes were inappropriate aesthetically for the community.
The Board, in reference to its consideration of the item at its meeting held on March 7, asked the
applicant again to restudy the proposal and to return for further ERPB review.
Motion: Mr. Vitalini moved deferral as presented. Ms. Banks seconded the motion.
ERPB MINUTES 04 -04 -00
Vote: Approved 3 Opposed 0
The Board continued by considering item B of the agenda.
E. RESIDENTIAL CONSTRUCTION PRELIMINARY [EB -99 -086]
Applicant: Cesar Elias Molina (for Samcace LLC)
Address: 6523 Miller Drive
Description: The Board approved the application on a preliminary basis at its meeting
held on March 21, 2000, with the recommendation to review the garage entries. The Board
also asked that landscaping issues be resolved prior to any final approval. Currently, the
applicant has resubmitted with the same conditions, in that the four garages are next to each
other. Also, the final landscape plan was not submitted for staff to review prior to the
meeting, and the applicant explained that the final landscaping plan will be presented to the
Board at the meeting.
A Chronological outline of the application is as follows:
03/07/00 The Board approves on a preliminary basis the plan, as it relates to the platting of
nine lots and landscaping of the community area as pinelands. The future site plan and
building design plans are to be signed and sealed by an architect; the landscaping plans are
to be signed and sealed by a landscape architect. All are to return for ERPB review.
03/21/00 The Board approves the application on a preliminary basis, with the
recommendation of reviewing the garage entries, in that they be separated, particularly with
respect to requesting the relocation of the FPL easement. The Board also requests that
landscaping issues be resolved and landscaping plans include a table indicating
replacement of trees previously cut down when the lot was being cleared.
04/04/00 Staff notes that Board recommendations and requests have not been met. Staff
recommends disapproval.
Mr. Shaw read the request into the record.
Staff presented the item to the Board, reviewing the chronological outline, above, and noting their
recommendation for disapproval.
Mr. Mark Alex Maidique, architect, and Mr. Juan Zuniga, spoke as representatives for the
applicant.
The Board, Mr. Maidique, and staff discussed the application, particularly with respect to the
placement of the garage entries.
Motion: Mr. Vitalini moved approval of the plans, provided that units 3 & 6 are "flipped" to
separate garages and that architectural treatments are included for unites 7 & 8; landscaping plans
are deferred and are to return for further ERPB review. Ms. Banks seconded the motion.
ERPB MINUTES O4 -04 -00
CITY OF SOUTH MIAMI
ENVIRONMENTAL REVIEW & PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
Tuesday, March 7, 2000 - 8:30 AM
L CALL TO ORDER
Ms. Mark, Chair, called the meeting to order.
IL PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited in unison.
III. ROLL CALL
Board members present constituting a quorum
Ms. Mark, Mr. Shaw, Mr. Vitalini, Ms. Clavijo (departed early)
Board members absent
Ms. Banks, Mr. Whitehead, Ms. Radosevich
City staff present
Subrata Basu (ACM/Planning Director); Lourdes Cabrera- Hernandez (Planner); David Struder
(Board Secretary)
IV. REQUESTS
A. SIGNAGE INSTALLATION [EB -00 -004]
Applicant: Acolite Claude United Sign Co., Inc. (for Interval International)
Address: 6262 Sunset Drive
Description: The applicant sought approval to install a landscape sign on Sunset Drive at
Board meetings held on February 1 and 15, 2000. The Board deferred the application at
both meetings with the recommendation that an alternative be considered; that a statement
be presented referencing that no other signage will be included; and that a representative be
present at the next Board consideration. The firm involved, Interval International, desires
to have a landscape sign and has notified staff that a representative will be present at
today's meeting. The proposed sign will be single -faced and internally illuminated, and
ground cover exists at the site for landscaping of the sign. Drawings and photographs will
be presented at the meeting.
ERPB MINUTES 03 -07 -00 1
F. RESIDENTIAL CONSTRUCTION - PRELIMINARY [EB -99 -082]
Applicant: Jorge Jaen (for Gables Edge Homes)
Address: Gables Edge
Description: The applicant seeks preliminary approval for new construction of eight
single- family residences in the Gables Edge community located on Miller Drive. The
Board considered and deferred this item on November 16, 1999, as an application for
.. ` ` ° ° construction of one single - family structure. At this time, the applicant is proposing eight
lots and one model floor plan with a Mediterranean style - lots 60, 62, 10, and 13 and a
reverse floor plan, or "flip- flop," for lots 23, 20, 9, and 59. The applicant has asked that the
Board tentatively consider color schemes for the homes. A tree survey of the lots and
proposed landscaping for the homes will return at a later time. Pictures of the lots and
color samples for the homes will be presented at the meeting.
Recommendation: Staff recommends preliminary approval.
Ms. Mark read the request into the record.
Staff presented the item to the Board, reviewing information noted on today's agenda, above.
Mr. George Jaen spoke as the representative.
The Board, Mr. Jaen, and staff reviewed the application, including fenestration and articulation for
the model.
The Board concurred that deferral would be necessary in order to allow the applicant to return,
including consideration of the recommendation that as eight homes are being proposed, there
should be variations added to the exteriors.
Motion: Mr. Shaw moved deferral as presented. Mr. Vitalini seconded the motion.
Vote: Approved 3 Opposed 0
G. RESIDENTIAL CONSTRUCTION — PRELIMINARY [EB -99 -086]
Applicant: Cesar Elias Molina (for Samcace LLC)
Address: 6523 Miller Drive
Description: The applicant seeks preliminary approval for construction of nine
townhouses, to be called Miller Oaks. The Board deferred the application at its meeting
held on December 21, 1999.
Please refer to staff memorandum for additional information.
Ms. Mark read the request into the record.
Staff presented the item to the Board, reviewing an inter - office memorandum entitled New
Construction, Miller Oaks that had been provided to ERPB.
ERPB MINUTES 03 -07 -00
CITY OF SOUTH MIAMI
ENVIRONMENTAL REVIEW & PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
Tuesday, November 16,1999 - 8:30 AM
I. CALL TO ORDER
A. Ms. Mark, Chair, called the meeting to order.
11. PLEDGE OF ALLEGIANCE
A. The Pledge of Allegiance was recited in unison.
111. ROLL CALL
A. Board members present constituting a quorum
1. Ms. Mark, Mr. Shaw, Mr. Vitalini
B. Board members absent
1. Mr. Whitehead, Ms. Clavijo, Ms. Banks, Ms. Radosevich
C. City staff present
1. John Little (Principal Planner)
IV. REQUESTS
A. EXTERIOR RENOVATIONS [EB-99-080]
Applicant: Tomas Ortiz (for Trattoria Sole restaurant)
Address: 5894 Sunset Drive
Description: The applicant seeks approval for exterior renovations to the
Trattoria Sole restaurant, particularly involving windows and
doors, as the establishment will be expanding into space
formerly occupied by Lee's Pharmacy. The restaurant is
located in the Hometown District.
Recommendation: Staff recommends approval. The applicant is using the same
size and style windows for the west side of the building as
now existing on the Sunset Drive elevation of the building.
1. Ms. Mark read the request into the record.
ERPB MINUTES 11-16-99
A
7
2. Staff presented the item to the Board.
3. Representatives were present for the request.
4. The Board, representatives, and staff reviewed the request.
a. The Board discussed the canopy portion.
b. The applicant agreed to reduce the width of the canopy so as not to interfere with existing
post(s) on SW 59 Avenue; however, the applicant withdrew the canopy portion.
5. Motion: Mr. Shaw moved approval of the west elevation of the building. Mr. Vitalini
seconded the motion.
6. Vote: Approved 3 Opposed 0
B. CONSTRUCTION [EB -99 -082]
Applicant: Willie Sellers (for Andres Rodriquez, property owner)
Address: 5821 SW 56 Terrace
Description: The applicant seeks approval for construction of a new
single- family residence.
Recommendation: Staff recommends preliminary approval only, in order (1) for
the applicant to submit color rendering /scheme and (2) for
discussion of any issues /concerns.
1. Ms. Mark read the request into the record.
2. Staff presented the item to the Board.
3. No representatives were present for the request.
4. The Board and staff reviewed the request.
5. The Board and staff found that the elevations and floor plans were not in agreement.
6. Motion: Mr. Vitalini moved deferral. Mr. Shaw seconded the motion.
7. Vote: Approved 3 Opposed 0
V. REMARKS
A. Case number EB -98 -034
Applicant: Robert Cooper Welsh, Jr.
Address: 7041 SW 63 Court
1. Ms. Mark noted that the term "harassment" should be used to describe Mr. Welsh's conduct, as
recorded in the Board's minutes for November 2, 1999.
ERPB MINUTES 11 -16 -99 2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miam! -Dade County, Florida.
STATE OF FLORIDA
COU14TY OF MIAMI -DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING— 5/2/00
RESOLUTION RE A DECISION OF
THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD, ETC.
in the . , ..........XXXX .... ...... Court,
............
was published in said newspaper in the issues of
Apr 21, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade
County r a, for a period of one year next preceding the
first Mica on of the attached copy of advertisement; and
affia turf r says that she has neither paid nor promised
any 4ersV, firm or corporation any discount, rebate, com-
missiVn,orr refund forge purpose of securing this advertise-
ment V publication he said newspaper.
ore me this —
(SEAL) N �VI VFiOIAL NOTARY SEAL
JANETT LLEIENA
Sookie Williams personally kn 1 COMY49SION NUMBER
CC566004
SAY "M68ION EXPIRES
c3FC JUNE 23.2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florlda will conduct a Public Hearing during its regular City
Commission meeting on Tuesday, May 2, 2000 beginning at 7:30 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
APPEAL FROM A DECISION OF THE ENVIRONMENTAL RE-
VIEW AND PRESERVATION BOARD REGARDING THE DE-
SIGN FOR EIGHT SINGLE- FAMILY RESIDENTS, LOTS 9, 10,
13, 20, 23, 59;60 AND 62, IN THE GABLES EDGE DEVELOP-
MENT, LOCATED ON MILLER DRIVE.
Inquiries concerning this item should be directed to the Planning Divi-
sion at: 663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meet-
ing or hearing, he or she will need a record of the proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
4121 00- 3- 103/46135M
r
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Coinm'n.
From: Earl G. Gallop G
Date: April 26, 2000 fj
Re: Resolution Commending Smith &
Wesson [ Feliu]
Subject: A resolution relating to public safety; commending Smith & Wesson on installing
child -proof locks on weapons.
Discussion: Each year, locally and nationally, a multitude of children gain access to firearms
that are stored in their homes and shoot themselves and others. Smith & Wesson, the nation's
biggest gun maker, has agreed to put child -proof locks on weapons. The company has been
hotly criticized by other gun manufacturers. Comm'r. Feliu would like for the commission
to commend the company for its public safety initiative.
Recommendation: Approval.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PUBLIC SAFETY; COMMENDING SMITH & WESSON FOR
INSTALLING CHILD -PROOF LOCKS ON WEAPONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and. City Commission of the City of South Miami
are charged with protecting the public health, safety and welfare; and,
WHEREAS, each year in the nation, in the State of Florida and in Miami -
Dade County, Florida, a multitude of children gain access to firearms that are
stored in their homes with the painful result that many innocent persons are
injured, maimed or killed; and,
WHEREAS, Smith & Wesson, the nation's biggest gun maker, has agreed
to put child- proof locks on weapons; and,
WHEREAS, Smith & Wesson has incurred the wrath of other gun makers
because of its public safety initiative; and,
WHEREAS, the Mayor and City Commission desire to commend Smith &
Wesson for its courageous corporate action.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Mayor and City Commission hereby commend Smith &
Wesson for taking the initiative to make a commitment to public safety by
equipping its new guns with child -proof locks. The Mayor and City Commission
believe that the gun lock initiative will result in reducing the number of accidental
deaths and injuries that occur each year as a result of the ability of young people to
gain access to, play with, or otherwise improperly use, weapons in their homes.
The Mayor and City Commission further commend Smith & Wesson for taking
this action in the face of an unwarranted industry reaction against its initiative.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of May, 2000.
Additions shown by underlining and deletions shown by e^.,ar, rikiag.
1
2 ATTEST:
3
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5 CITY CLERK
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8
9 READ AND APPROVED AS TO FORM:
10
11
12 CITY ATTORNEY
13
14
Page 2 of 2
APPROVED:
"0211ren
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
Miami Herald: Miami -Dade sued over gun purchase plan
Select price range: Click hereto find
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MO
Published Thursday, April 27, 2000, in the Miami Herald
Miami -Dade sued over gun purchase
plan
From Herald Staff and Wire Reports
Seven gun makers and an industry group sued Miami -Dade County, 15 other
localities and the Department of Housing and Urban Development on
Wednesday over a plan to give preferential treatment to Smith & Wesson when
buying guns for law enforcement agencies.
The lawsuit, filed in an Atlanta federal court, alleges an illegal conspiracy in
restraint of trade.
Miami -Dade Mayor Alex Penelas, who was attending a town meeting on the
Elian Gonzalez controversy, could not be reached for comment Wednesday
night.
In March, President Clinton announced a landmark gun safety agreement with
Smith & Wesson, the nation's largest gun maker. The plan included the
installation of gun locks on all the weapons it sells, the introduction within three
years of 'smart gun" technology and barring sales of its weapons at gun shows
without a background check.
Smith & Wesson was to be dropped from lawsuits against gun makers that were
being contemplated by federal officials and some cities. In addition to Smith &
Wesson, any other gun maker that agreed to the plan would also be given
preferential treatment. Smith & Wesson has been the only gun maker to sign
onto the agreement thus far.
Two days after the federal agreement was signed, Penelas joined the mayors of
Detroit and Atlanta and HUD to say their law enforcement agencies would give
preference to guns made by Smith & Wesson and other companies that sign a
safety code.
"It only makes sense to use the purchasing power of government to promote
public safety and gun safety reforms that will save lives and reduce the cost of
gun violence to taxpayers," the mayor said last month.
Smith & Wesson officials lauded the move, but competing gun makers are
balking.
"These local officials have tried everything from litigation to economic extortion
to compel compliance on a national level with their own individual ideas about
gun design, ownership and distribution," said Robert Delfay, president of the
National Shooting Sports Foundation, a gun industry group that is a party in the
lawsuit.
The lawsuit names as defendants New York Attorney General Eliot Spitzer and
Connecticut Attorney General Richard Blumenthal, who helped draw up the
agreement.
Page l of 2
http: / /www.herald.com/ content /today /news /dade /digdocs /00 1389.htm 4/27/00
Miami Herald: Miami -Dade sued over gun purchase plan Page 2 of 2
Also named, in addition to Miami -Dade, were the California communities of San
Francisco, Berkeley, East Palo Alto, Inglewood, Oakland and San Mateo;
Bridgeport, Conn.; Atlanta; Gary, Ind.; Boston; Detroit; St. Louis; Newark, N.J.;
Philadelphia; and the District of Columbia.
"We are demanding cities stop the effort of using their purchasing power to
control the distribution and design of firearms," said Jeff Reh, general counsel
for.Beretta U.S.A., one of the seven suing companies.
Reh said the mayors were attempting to expand their authority beyond their
cities.
HUD Secretary Andrew Cuomo called the lawsuit 'frivolous" and said it was "a
vain attempt to distract from [gun makers'] failure to take responsibility for their
share of the tragic problem of gun violence."
Cuomo has barred federal police agencies that patrol public housing from
buying guns whose makers do not adhere to the agreement.
Miami -Dade sued the industry, contending that guns are defective products
because they do not contain built -in trigger locks to prevent unauthorized use.
The county aimed to recover from gun manufacturers the cost of treating
gunshot victims.
But in December, Miami -Dade Circuit Judge Amy Dean ruled that the county
lacks standing to sue manufacturers on behalf of shooting victims.
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Contact Us
Copyright 2000 Miami Herald
http: / /www.herald.com/ content /today /news /dade /digdocs /001389.htm 4/27/00
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
PUBLIC SAFETY; COMMENDING SMITH & WESSON FOR
INSTALLING CHILD -PROOF LOCKS ON WEAPONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami
are charged with protecting the public health, safety and welfare; and,
WHEREAS, each year in the nation, in the State of Florida and in Miami -
Dade County, Florida, a multitude of children gain access to firearms that are
stored in their homes with the painful result that many innocent persons are
injured, maimed or killed; and,
WHEREAS, Smith & Wesson, the nation's biggest gun maker, has agreed
to put child -proof locks on weapons; and,
WHEREAS, Smith & Wesson has incurred the wrath of other gun makers
because of its public safety initiative; and,
WHEREAS, the Mayor and City Commission desire to commend Smith &
Wesson for its courageous corporate action.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Mayor and City Commission hereby commend Smith &
Wesson for taking the initiative to make a commitment to public safety by
equipping its new guns with child -proof locks. The Mayor and City Commission
believe that the gun lock initiative will result in reducing the number of accidental
deaths and injuries that occur each year as a result of the ability of young people to
gain access to, play with, or otherwise improperly use, weapons in their homes.
The Mayor and City Commission further commend Smith & Wesson for taking
this action in the face of an unwarranted industry reaction against its initiative.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of May, 2000.
Additions shown by underlining and deletions shown by
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Page 2 of 2
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
e
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 4/28/00
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 5 /2 /00
City Manager Parking Policies
THE REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKING
POLICIES, LIMITING THE HOURS OF PAID PARKING AT CITY
METERS FROM 9:00 AM UNTIL 9:00 PM; AND EXTENDING
CURRENT TWO HOUR PARKING METERS TO THREE HOURS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
The attached resolution sponsored by Commissioner Russell limits the hours of
paid parking at City meters and changes the current hours from 7:00 am until 12
midnight to 9 :00 a.m. until 9 :00 p.m. It further increases the maximum time
allowed on short -term meters from two to three hours.
Parking Options
April 18, 2000
December 1999 "One Hour Free" Program
• Parking Meter Revenue Loss $ 15,000
• Per Finance Department Report
• Ticket Revenue Loss $ 18,670
• 2,500 Tickets x 80% Payment Rate x $9.38
Total $ 33,760
No Parking Fees
1. 7AMto9AM
• Parking Meter Revenue Loss $ 6,843
• 25 Meters x $.75 x 365
• Ticket Revenue Loss $ 13,694
• 5 /day x 365 Days x 80 % Payment Rate x $9.38
2. 9 PM to Midnight — Weekdays
• Parking Meter Revenue Loss $ 29,362
• 50 Meters x $2.25 x 261 days
• Ticket Revenue Loss $ 9,792
• 5 /day x 261 Days x 80% Payment Rate x $9.38
3. 9 PM to Midnight — Weekends
• Parking Meter Revenue Loss $ 46,800
• 200 Meters x $2.25 x 104 days
• Ticket Revenue Loss $ 23,412
• 30 /day x 104 Days x 80% Payment Rate x $9.38
Total $ 129,903
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO PARKING POLICIES,
LIMITING THE HOURS OF PAID PARKING AT CITY METERS FROM 9:00
AM UNTIL 9:00 PM; AND EXTENDING CURRENT TWO HOUR PARKING
METERS TO THREE HOURS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of South Miami is supportive of merchants and busineeses
throughout the City; and
WHEREAS, a reduction in the hours where parking fees are charged and an increase in
the maximum time allowed on short term meters is felt to be beneficial to merchants and
businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Commission directs the City Manager to change the hours of
paid meter parking from the current hours of 7 AM until 12 Midnight to new hours of 9 AM until
9 PM.
Section 2. The City Commission directs the City Manager to increase the maximum
time allowed on short term meters from two hours to three hours.
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 '1998.
APPROVED:
Mayor
r
CITY OF SOUTH MIAMI
vINTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n.
From: Earl G. Gallop
Date: April 26, 2000 /7
Re: Ordinance requiring locking devices
on weapons [Bethel, Russell]
Subject: An ordinance relating to public safety; amending sec. 15 -7, of the code of
ordinances to be entitled "locking devices required for firearms "; requiring locking devices
on firearms stored in the city of South Miami.
Discussion: Each year, locally and nationally, a multitude of children gain access to firearms
that are stored in their homes and shoot themselves and others. Only a single gun
manufacturer, Smith & Wesson, has made a commitment to put child -proof locks on
weapons. This year, the state of Maryland passed legislation requiring new handguns to be
equipped with built -in locks. Similar legislation proposed for Florida by Rep. Elaine bloom,
D -Miami Beach, and Sen. Betty Holzendorf, D- Jacksonville, is buried in committee.
The proposed ordinance is a local initiative to require firearms to be secured with a locking
device when they are placed where a minor might gain access to the gun. The firearm need
not be secured when the weapon is on the person or close by in a place where the person can
prevent access to it by a minor. For instance, a homeowner can remove the gun lock and
place the gun in the nightstand drawer when he or she goes to bed at night. It would be a
violation, however, if the gun is left in the drawer unsecured when the person is away and
a minor is present in the house. A violation is punishable as a Class V violation [$250 1 st
offense; $500 2nd offense).
The subject matter of the ordinance is authorized by the city's constitutional home rule
powers. But, sec. 790.33, Fla. Stat., known as the "Joe Carlucci Uniform Firearms Act,"
expressly preempts to the state of Florida "the whole field of regulation of firearms ...
including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and
transportation [of weapons] to the exclusion of all existing and future ... municipal
ordinances and regulations relating thereto." The wording of the act, however, does not
include within it preemption the regulation of the storage of firearms. The proposed
ordinance does not attempt to regulate any of the subjects that the state expressly preempts.
It does regulate something the state does not preempt.
0
Recommendation: Approve the ordinance on first reading and schedule public hearing on
second reading.
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
5 SAFETY; AMENDING SEC. 15 -7, OF THE CODE OF ORDINANCES
6 TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR
7 FIREARMS "; REQUIRING LOCKING DEVICES ON FIREARMS
8 STORED IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC
9 DUTY; PROVIDING CIVIL PENALTIES; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
11 DATE.
12
13
14
15 WHEREAS, the Mayor and City Commission of the City of South Miami are
16 charged with protecting the public health, safety and welfare; and,
17
18 WHEREAS, each year in the nation, in the State of Florida and in Miami -Dade
19 County, Florida, a multitude of children gain access to firearms that are stored in their
20 homes with the painful result that many innocent persons are injured, maimed or killed;
21
22 WHEREAS, the Mayor and City Commission recognize that the Florida
23 Legislature preempted the field of regulation of firearms as provided by sec. 790.33,
24 Florida Statutes, and that it specified the subject matter over which municipalities are
25 excluded from enacting ordinances. Providently, by specifying the subject matter that
26 municipalities may not regulate the Florida Legislature omitted mention of regulation of
27 the storage of firearms. The Mayor and City Commission acknowledge that the Florida
28 Legislature is presumed to have intentionally omitted the regulation of the storage of
29 firearms from its preemption of the specified subject matter. By enacting this ordinance,
30 it is the intent of the Mayor and City Commission to provide for public safety in the
31 storage for firearms in the limited area that is not preempted by the Florida Legislature;
32 and,
33
34 WHEREAS, the Mayor and City Commission desire to establish a standard of care
35 for the safe storage of firearms in residences to reduce the likelihood that children and
36 others will be injured by guns.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
40
41 Section 1. Section 15 -7, entitled "Reserved", of the City of South Miami Code
42 of Ordinances is amended to read:
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Sec. 15 -7. Locking devices required for firearms.
(1) "Locking device" means a device that when installed on a firearm and
secured by means of a key or a mechanically or electronically operated
combination lock prevents the firearm from being discharged without first
deactivating or removing the device.
(2) If a person stores or leaves a firearm at any location where the person
knows or reasonably should know that a minor might gain access to the
firearm, the person shall secure the firearm with a locking device except
when it is carried on his or her body or is located within such close
proximity that the person can retrieve the firearm and prevent access to it
by a minor.
(3) A violation of this section is a breach of a duty of safety owed by the
person who owns or possesses the firearm to all minors who might gain
access to it and to the general public.
(4) A violation of this section is punishable as a class V civil violation. No
courtesy notice shall be issued to the violator.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be published in the City of South Miami Code
of Ordinances.
Section 5. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
CITY CLERK
APPROVED:
MAYOR
1st Reading —
2nd Reading -
Additions shown by Underlining and deletions shown by tes•
2
1
2 READ AND APPROVED AS TO FORM
3
4
5 CITY ATTORNEY
6
7
8 Dell_6100 \Documents \City of South M iami\0022-00 1\2960.doc
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscomb:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by
The Florida Statutes
The 1999 Florida Statutes
View Statutes Order Statutes Online Sunshine Print View
Title XLVI Chapter 790 View Entire Chapter
CRIMES Weapons and Firearms
790.33 Field of regulation of firearms and ammunition preempted. --
(1) PREEMPTION. -- Except as expressly provided by general law, the Legislature
hereby declares that it is occupying the whole field of regulation of firearms and
ammunition, including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, and transportation thereof, to the exclusion of all existing
and future county, city, town, or municipal ordinances or regulations relating
thereto. Any such existing ordinances are hereby declared null and void. This
subsection shall not affect zoning ordinances which encompass firearms
businesses along with other businesses. Zoning ordinances which are designed
for the purpose of restricting or prohibiting the sale, purchase, transfer, or
manufacture of firearms or ammunition as a method of regulating firearms or
ammunition are in conflict with this subsection and are prohibited.
(2) LIMITED EXCEPTION; COUNTY WAITING - PERIOD ORDINANCES.--
(a) Any county may have the option to adopt a waiting - period ordinance
requiring a waiting period of up to, but not to exceed, 3 working days between
the purchase and delivery of a handgun. For purposes of this subsection,
"purchase" means payment of deposit, payment in full, or notification of intent to
purchase. Adoption of a waiting- period ordinance, by any county, shall require a
majority vote of the county commission on votes on waiting - period ordinances.
This exception is limited solely to individual counties and is limited to the
provisions and restrictions contained in this subsection.
(b) Ordinances authorized by this subsection shall apply to all sales of handguns
to individuals by a retail establishment except those sales to individuals
exempted in this subsection. For purposes of this subsection, "retail
establishment" means a gun shop, sporting goods store, pawn shop, hardware
store, department store, discount store, bait or tackle shop, or any other store or
shop that offers handguns for walk -in retail sale but does not include gun
collectors shows or exhibits, or gun shows.
(c) Ordinances authorized by this subsection shall not require any reporting or
notification to any source outside the retail establishment, but records of
handgun sales must be available for inspection, during normal business hours, by
any law enforcement agency as defined in s. 934.02.
(d) The following shall be exempt from any waiting period:
1. Individuals who are licensed to carry concealed firearms under the provisions
of s. 790.06 or who are licensed to carry concealed firearms under any other
provision of state law and who show a valid license;
2. Individuals who already lawfully own another firearm and who show a sales
receipt for another firearm; who are known to own another firearm through a
prior purchase from the retail establishment; or who have another firearm for
trade -in;
Page 1 of 2
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The Florida Statutes
3. A law enforcement or correctional officer as defined in s. 943.10;
4. A law enforcement agency as defined in s. 934.02;
5. Sales or transactions between dealers or between distributors or between
dealers and distributors who have current federal firearms licenses; or
6. Any individual who has been threatened or whose family has been threatened
with death or bodily injury, provided the individual may lawfully possess a
firearm and provided such threat has been duly reported to local law
enforcement.
(3) POLICY AND INTENT. --
(a) It is the intent of this section to provide uniform firearms laws in the state;
to declare all ordinances and regulations null and void which have been enacted
by any jurisdictions other than state and federal, which regulate firearms,
ammunition, or components thereof; to prohibit the enactment of any future
ordinances or regulations relating to firearms, ammunition, or components
thereof unless specifically authorized by this section or general law; and to
require local jurisdictions to enforce state firearms laws.
(b) As created by chapter 87 -23, Laws of Florida, this section shall be known
and may be cited as the "Joe Carlucci Uniform Firearms Act."
History. - -ss. 1, 2, 3, 4, ch. 87 -23; s. 5, ch. 88 -183.
Page 2 of 2
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Miami Herald: Maryland advances handguns -lock bill Pagel of 2
Your second cousin's nephew has a home page.
Published Wednesday, April S, 2000, in the Miami Herald
Maryland advances handguns -lock bill
Governor expected to sign it
L ANNAPOLIS, Md. -- (AP) — The Maryland House has sent the governor
egislation that would make the state the first to require new handguns to be
equipped with built -in locks, allowing no one but authorized users to fire them.
The locks will be required by 2003 under the bill, approved Monday night by the
House. Until then, all guns sold will have to be equipped with external trigger
locks, beginning in October.
The bill would prohibit anyone convicted of a violent crime as a juvenile from
possessing a handgun until age 30 and would require gun manufacturers to
provide a ballistic fingerprint of shell casings of all new handguns.
The measure also imposes five -year mandatory minimum sentences on some
convicted felons caught illegally possessing a handgun.
No other state has approved such a measure. Maryland Gov. Parris Glendening
is ready to sign the bill, which the Senate has approved.
"This bill will take a giant step toward creating safer communities, not just in
Maryland but across the country," Glendening said. He predicted that within 18
months, six to 12 states will move forward on similar legislation.
Opponents, representing largely rural and conservative suburban areas of
Maryland, tried 10 times to amend the bill in hopes of derailing it. Opponents
said the built -in locks would embolden burglars and would -be rapists.
"The bad guys know you're not going to have time to get that lock off," said
Delegate Carmen Amedori, a Republican.
Emotional speeches from opponents were greeted with thunderous applause
from the House gallery above, which was packed with opponents.
The National Rifle Association had run television ads since Friday attacking the
bill. The 30- second ads featured the governor as he fumbled at a news
conference trying to open a push- button combination lock on a handgun.
http:// www .miamiherald.com/content/today/ news /national /digdocs /082356.htm 4/5/00
Miami Herald: Maryland advances handguns -lock bill Page 2 of 2
Your second cousin's nephew has a home page.
Contact Us
Copy_ gM 2000 Miami Herald
http:// www .miamiherald.com/content/today/ news /national /digdocs /082356.htm 4/5/00
s
Miami Herald: Gun bills languishing in the state Legislature
.F h Time for a coffee break?
Published Wednesday, April 5, 2000, in the Miami Herald
Gun bills languishing in the state
Legislature
STEVE BOUSQUET
sbousguet herald.com
TALLAHASSEE -- The nation's biggest gun maker
has agreed to put child -proof locks on weapons and
two states are rushing to pass trigger -lock laws, but
similar proposals have been quietly buried again in
the Florida Legislature -- long a safe haven for the
gun lobby.
Even legislation that would outlaw guns in hospitals
inspired by a pair of shootings in Miami -Dade County
-- was defeated by a House committee loyal to the
National Rifle Association.
With the 2000 session nearly half over, bills requiring
trigger locks on handguns in homes with children
have not been heard by any committee. Lawmakers
have carved out time to debate the need for a state
barbecue commissioner, but gun bills are languishing
and a key senator would not say Tuesday whether a
hearing would be held.
"I want to keep you curious," said a smiling Sen.
John Grant, R- Tampa, chairman of the Senate
Judiciary Committee, declining Tuesday to say
whether the issue would be debated. Grant is a
longstanding opponent of gun restrictions and, like
any committee chairman, he holds life or death power
over which bills are heard.
II SEE ALSO II
'KEEP YOU GUESSING':
Sen. John Grant, R-
Tampa, chairman of the
Senate Judiciary
Committee, declines to
say whether the gun issue
would be debated.
■ Ma land advances
handguns -lock bill
Any bill assigned to a committee that is not heard is effectively dead unless
legislative leaders agree to send the bill elsewhere.
Grant did say he was happy to hear that 37 percent of Florida families with
children own guns. "It's good to know their safety is ensured by something
other than 911," said the Tampa lawyer.
GOING NOWHERE
Sen. Betty Holzendorf, D- Jacksonville, sponsor of the Senate version of the
legislation, said she leaves notes on Grant's desk daily, but has not yet heard
from him. "it doesn't look like we're going to get a hearing," she said. Weeks
ago, the parents of a 6- year -old Jacksonville boy who died from an accidental
gunshot at a friend's home appeared at a Capitol news conference to draw
attention to the trigger -lock issue.
Pagel of 3
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Miami Herald: Gun bills languishing in the state Legislature Page 2 of 3
"If we can put safety locks on medicine, we need them on guns," said Rep.
Tony Hill, D- Jacksonville, sponsor of the House trigger -lock legislation. "If we
tell people to wear seat belts because of too many deaths without them, then we
need to have trigger locks on guns in houses where children are living or may
be visiting."
Rep. Howard Futch, R- Melbourne Beach, chairs the House committee that has
been assigned the House trigger -lock bill. He said Tuesday that he did not know
where the bill was.
"I may have it buried in there somewhere," Futch said.
A 'LOOK AND SEE'
Asked if the bill might be heard next week, Futch said: "I don't know. We'll take
a look and see. I'll take a look at it.... I haven't heard anything about it.
Nobody's excited yet. They will be if they see it on the agenda, though."
"They" is Marion Hammer, the NRA's tenacious Tallahassee lobbyist, who has
worked tirelessly to thwart passage of any new gun laws. Hammer says existing
law makes it a crime for parents to not keep a loaded gun stored in a locked box
or kept safely out of a child's reach.
Hammer, a familiar figure in the Capitol halls, has even succeeded in defeating
legislation that would have prohibited carrying concealed weapons in medical
facilities. The bill was filed by Rep. Willie Logan, D- Opa- locka, after two
shootings in Miami -Dade hospitals.
Hammer was not impressed that Maryland was trying to follow the lead of
Massachusetts, where a new law requires child -proof locks, safety warnings,
and tamper - resistant serial numbers on all weapons sold in the state. The
Massachusetts law relies on the attorney general's power to regulate consumer
products.
'What do you expect from the state that gave us Ted Kennedy ?" Hammer said.
'Those are two states in the union that don't even belong here."
GUN CONTROL
Another gun - control bill going nowhere, sponsored by Rep. Elaine Bloom, D-
Miami Beach, would require child -proof locks and background checks on
anyone who buys a weapon in public, such as a gun show or weekend flea
market. That bill, too, was assigned to Futch's House Law Enforcement & Crime
Prevention Committee, where it has disappeared from sight.
"That committee was put together as a very friendly committee for the NRA,"
Bloom said.
Logan, who filed the bill to ban guns in hospitals, said he admired the NRA for
its tenacity and that the climate on gun control won't change soon.
"Given the makeup of the Legislature at this point in time and the influence the
NRA has, it's very difficult here in Florida to pass any law or even have a real
discussion on better laws on their use and access," said Logan, who attributed
the pro -gun climate to "very little activism" by Floridians who favor gun control.
Hammer was busy Tuesday lobbying Sen. Walter "Skip" Campbell, D-
Tamarac, to drop his bill that would require integrated locks on all new guns
sold in the state. As drafted, Hammer told Campbell, the bill amounts to
"extortion" on gun manufacturers.
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Miami Herald: Gun bills languishing in the state Legislature Page 3 of 3
Hammer said she was glad to see the trigger -lock bills were going nowhere.
"There comes a point in time where you stop wasting precious time on
legislation that never was a good idea," Hammer said.
Herald staff writer Phil Long contributed to this report.
` Time for o coffee break?
Contact Us
Coavdght 2000 Miami Herald
http:// www .miamiherald.com/content/today /docs /052674.htm 4/5/00
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Bill Index Page 1 of 1
Florida Legislature session Information
View House Bills Search Bill Text Online Sunshine
Senate 0242: Relating to Firearms/ Locking Devices Bill By Hundreds
<prev Bill Text(i) Amendments(o) Staff Analysis(o) Vote History(o) Citations Next>
S 242 GMIERAL BILL by Holzendorf; (CO- SPONSORS) Dyer; Dawson; Meek; Geller;
Klein; Kurth (Identical H 0813, Compare H 1877)
Firearms /Locking Devices; defines term "locking device "; provides that
locking device may be used for purpose of lawfully storing firearm
within access of minor, as defined; requires person to secure firearm
with locking device under specified circumstances when firearm is left
or stored on premises where such minor resides; provides penalties for
failure to store or leave firearm in required manner, under specified
circumstances. Amends 790.001,.174. EFFECTIVE DATE: 10/01/2000.
10/07/99 SENATE Prefiled
11/05/99 SENATE Referred to Criminal Justice
03/07/00 SENATE Introduced, referred to Criminal Justice -SJ 00024
03/08/00 SENATE Withdrawn from Criminal Justice -SJ 00135; Rereferred to
Judiciary; Criminal Justice -SJ 00135
Bill Tent: (Top)
Bill Name Date Posted Available Formats
S0242 02/12/2000 HTML, PDF
Amendments: (Top)
S 0242:
NO AMENDMENTS AVAILABLE
Staff Analysis: (Top)
NO STAFF ANALYSIS AVAILABLE
Vote History: (Top)
NO VOTE HISTORY AVAILABLE
Citations: (Top)
--------------------------------------------------------------------- - - - - --
STATUTE CITATIONS:(Top)
0790.001
0790.114
CONSTITUTION CITATIONS:
NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL.
http: / /www. leg. state. fl. us/ sessionl2000/billinfolindex.cfm ?Mode= ViewBillInfo &BilINum =0242 3/28/00