10-24-00 SpecialF
MAYOR:
Julio Rob aina CITY MANAGER: Charles D. Scurr
VICE MAYOR:
Horace G. Feliu CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Mary Scott Russell CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Randy G. Wiscombe
SPECIAL CITY COMMISSION AGENDA
Joint City Commission Meeting between City of South
Miami and the Village of Pinecrest
Meeting date: October 24, 2000 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: November 7, 2000 Phone: (305) 663 -6340
Time: 7:45 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business entity or organization to influence "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all - legislative, quasi- judicial and
administrative action. It does not apply to not -for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY TO
ENTER INTO A SETTLEMENT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF AGRICULTURE RELATED TO THE CITRUS CANKER
ERADICATION PROGRAM; PROVIDING AN EFFECTIVE DATE.
3. Adjournment
SPECIAL CITY COMMISSION 1
AGENDA - October 24, 2000
PURSUANT TO FLA STATUTES 266.0103, `THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
SPECIAL CITY COMMISSION 2
AGENDA - October 24, 2000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO A
SETTLEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF
AGRICULTURE RELATED TO THE CITRUS CANKER ERADICATION
PROGRAM; PROVIDING AN EFFECTIVE DATE
WHEREAS, the eradication of citrus trees in the City of South Miami is an issue of major
concern to the residents and City of South Miami; and
WHEREAS, the City of South Miami and the Village of Pinecrest filed a Complaint for
Injunctive Relief, in the form of a Preliminary and Permanent Injunction, against the Florida Department
of Agriculture and Consumer Services (CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI -DADE COUNTY, FLORIDA, GENERAL JURISDICTION DIVISION, CASE
NUMBER: 00 -27486 CA 11); and
WHEREAS, the City and Village sought to stop the Citrus Canker Eradication Program until
adequate procedures, safeguards, due process, an effective appeal process, scientific documentation and
proper notification were in place; and
WHEREAS, the State has agreed to put in place new policies and procedures that address the
concerns of the City of South Miami, Village of Pinecrest and their residents; and
WHEREAS, those policies and procedures are contained in a legally binding and enforceable
Settlement Agreement, which is attached.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI:
Section 1. The City Commission hereby authorizes the City to enter into the
attached Settlement Agreement with the Florida Department of Agriculture related to the
citrus canker eradication program.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 2000.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM
City Attorney
APPROVED:
Mayor
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
SETTLEMENT AGREEMENT
WHEREAS, the City of South Miami, the Village of Pinecrest (the
"Municipalities "), Julio Robaina, Horace G. Feliu, David Bethel, Mary Scott Russell, and
Randy G. Wiscombe (collectively, the "Plaintiffs"), have filed suit against Bob Crawford,
as Commissioner of the Department of Agriculture (the "Department "), in Case No. 00-
27486 CA 11, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, and
WHEREAS, the parties desire to amicably settle such lawsuit without any
admission of liability or jurisdiction of the Court.
IT IS HEREBY AGREED:
1. The Department shall deliver to the city clerks of the Municipalities on or
before October 25, 2000:
a. Informational packets on the Citrus Canker Eradication
Program (the "Program ") including street maps showing the properties
hosting what the Department has identified as infected citrus trees within
the Municipalities and arcs showing the 1900 -foot radii of exposure of the
infected trees. The informational packets shall be updated throughout the
administration of the Program in Miami -Dade County, Florida.
b. Copies of diagnostic reports on properties hosting infected
trees within the Municipalities. The diagnostic reports on properties
hosting what the Department has identified as infected trees within the
Municipalities shall be updated, should the Department obtain further
documentation or diagnostic results on the properties located within the
Municipalities' boundaries.
C. A list of all properties and persons served with "Immediate
Final Orders" ( "IFOs ") in the Municipalities.
2. The Department shall station an employee for approximately four hours
each day at each of the city halls of the Municipalities to assist citizens with concerns and
questions about the Program until the Program has ceased operating in the respective
Municipalities.
3. The Department shall place a full -page advertisement in the Miami Herald
providing information on the Program, including, but not limited to: identifying all of the
terms contained within this Settlement Agreement; serving (posting, hand delivery, or
certified mail) an IFO at least 5 days prior to having the Department's contract workers
cut down citrus trees on a resident's property that is located within a 1,900 foot radius of
what the Department has identified as an infected tree; explaining the appeal procedure
available to residents, including need to request and obtain a stay from the Third District
Settlement Agreement
City of South Miami v. Department of Agriculture
Case No.: 00 -27486 CA 11
Page 2 of 3
Court of Appeals in order to prevent the Department's proposed action after the 5 °i day
from the IFO.
4. The Department and the Plaintiffs shall hold a joint press conference to
discuss the Program in Miami -Dade County on or before October 27,
2000.
5. The Department represents that it is not currently using and has never used
any hazardous chemical on the properties of any homeowners as part of
the Program.
6. The parties shall request the Court to dismiss this action, retaining
jurisdiction to enforce the terms of this settlement. The parties
acknowledge that the Department has disputed the jurisdiction of this
Court in this action and stipulate that the limited jurisdiction retained by
the Court in no way confers or acknowledges that the Circuit Courts of
Florida have jurisdiction over IFOs or over the Program. Each party shall
bear its own costs and fees in this action, however, the party seeking
enforcement of this settlement agreement with the Circuit Court, will be
entitled to seek its attorney's fees and costs in bringing an enforcement
action, if they are the prevailing party. Prior to bringing an enforcement
action, the parties shall first attempt to work out any problems that may
arise in administering this settlement agreement.
Dated: October 24, 2000
Mayor Julio Robaina,
On behalf of the City and Commission of
The City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Telephone: (305) 663 -6341
Facsimile: (305) 663 -6348
Julio Robaina, Individually, and as the
Mayor of the City of South Miami
Mayor Evelyn Greer,
On behalf of the Village and Council of
The Village of Pinecrest
11551 South Dixie Highway
Pinecrest, Florida 33156
Telephone: (305) 854 -8989
Facsimile: (305) 854 -8782
Settlement Agreement
City of South Miami v. Department of Agriculture
Case No.: 00 -27486 CA 11
Page 3 of 3
Horace G. Feliu, Individually, and as David D. Bethel, Individually, and as
Vice -Mayor for the City of South Miami Commissioner for the City of South Miami
Randy G. Wiscombe, Individually, and as Mary Scott Russell, Individually, and as
Commissioner for the City of South Miami Commissioner for the City of South Miami
Craig A. Meyer,
Deputy Commissioner
State of Florida Department of Agriculture
and Consumer Services
Plaza Level 10, The Capitol
Tallahassee, Florida 32399 -0810
Telephone: (850) 488 -3022
Facsimile: (850) 922 -4936
CITY OF SOUTH MzAMI
Pleasc reply to: 3225 Aviation 7lvontae, suit:.e Sol
Miami, Llorida 331.33
(305) 854 -5353
(305) 854 -5351 (tax)
The Information contained in this facsimile message is confidential and is intended only for
the use of the person to whom it is directed. If you have received this facsimile in error
please notify Ginger Roy at (305) 854 -5353 immediately.
TO Commissioner Mary Scott Russoll
COMPANY City of South Miami
FACSIMILE NO. (305) 663 -6348 TELEPHONE NUMBER (305) 668 -2484
FROM Eve A. Boutsis DATE October 25, 2000
NUMBER OF PAGES (including this cover sheet) 2 FILE NO. 0022 -002
RE: City of South Miami. v. Department of Agriculture
Hard copy O sent (3) not sent
Continents:
Z /I #:8�S9E99S08 �'d 'd `JON Zt:e 0 -SZ -OI
: ,kfl IN93
a
CITY OF SOUTH MIAMI
Pleaee reply to: 3225 Aviation Avenue, Suite 301
Miami, Florida 33133
(305) 854 -5353
(305) 854 -5351 (fax)
The information containod In this facsimile message Is confidential and is intended only for
the use of the person to whom it is directed. Tf ynu have received thls facsimile in error
please notify Ginger Roy at (305) 854 -5353 immediately.
TO Wesley Parsons
COMPANY Adorno & Zeder, P.A.
FACSIMILE NO. 305 -860 -7379 TELEPHONE NUMBER 305- 858 -5555
FROM Eve A. Boutsis DATE October 25, 2000
NUMBER OF PAGES (including this cover sheet) FILE NO. 0022 -002
RE: City of South Miami v. Department of Agriculture
Hard copy ( ) sent ( x) not sent
Comments:
The two voted upon amendments to the settlement agreement that the two municipalities
are seeking (I may be off on the language, as I am paraphrasing).
"That the Department agree that prior to enforcement of any Immediate Final Orders, the
municipalities and/or any individual residents shall have the right to verify the
Department of Agriculture determinations (by field diagnosis or otherwise) that Asian
canker ( "Canker A ") exists ou a particular tree at a particular property. This will require
the Department's cooperation and authorization of procedures to enable qualified persons
such as plant pathologists and/or laboratory facilities to access the allegedly infected. trees
to be able to confirm the Department's diagnosis,
The Five day period (between notice and cutting an infected tree) contained in the IFO
would be extended to 15 days or such longer period as may be reasonably necessary to
allow for the field diagnosis or testing to confirm the canker diagnosis procedures are in
place."
9 /Z #!MW9920C
F -'d 'd ZION ! ZV:6 ! 0 -SZ -OT
A9 IN33