03-16-99MAYOR: Julio Rob aina CITY MANAGER:
VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY:
COMMISSIONER: Horace G. Feliu CITY CLERK:
COMMISSIONER: David D. Bethel
COMMISSIONER: Mary Scott Russell
Charles D. Scurr
Earl G. Gallop
Ronetta Taylor
CITY COMMISSION AGENDA
Regular City Commission Meeting
Meeting date: March 16, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: April 6, 1999 Phoned (305) 663 -6340
Time: 7:30 PM
PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON
DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND
THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
HE 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 IAN.
City of South Miami. Ordinance No. 6 -66 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff, Boards, Committees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. Presentation(s):
Mr. Lee Marks, Esq - South Miami /Sunset Place Classic
ITEMS FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
Regular City Commission Minutes - February 16, 1999
2. City Manager's Report:
3. City Attorney's Report:
REGULAR CITY COMMISSION 1
AGENDA - March 16, 1999
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CHARTER
REVISION COMMISSION; APPOINTING VICE MAYOR ARMANDO
OLIVEROS, JR., AS COMMISSION LIAISON; PROVIDING FOR
TERM OF OFFICE, AND PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,012.17 TO BEST
EQUIPMENT AND REPAIRS, INC. FOR THE PURCHASE OF
LANDSCAPE MAINTENANCE EQUIPMENT AND CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 1750 - 519 -6430 "LANDSCAPE
MAINTENANCE DIVISION - EQUIPMENT OPERATING."
(Commissioner Russell) 3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA,- AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH MIGUEL LOPEZ, JR.
INC., FOR UP- GRADING THE PARKING LOT AT FUCHS PARK DUE
TO EROSION THAT HAS CAUSED EXTENSIVE PROBLEMS AND
RELEASING FUNDS FROM ACCOUNT NUMBER 001.0000.131.2200,
"FUCHS PARK GRANT MATCHING FUND"
(Commissioner Russell) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RELEASE FUNDS IN THE AMOUNT OF $1,320.00 TO
SAN ONE PARTNERS, FROM ACCOUNT NUMBER
001.0000.131.2200, -FUCHS PARK GRANT MATCHING FUND ",
FOR A CUSTOM DESIGNED SIGN AND INSTALLATION FOR FUCHS
PARK
(Commissioner Russell) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $26,302.00 TO HURRICANE
PROTECTION INDUSTRIES, - INC. FOR THE PURCHASE AND
INSTALLATION OF STORM SHUTTERS AT THE CITY HALL
BUILDING AND CHARGING THE DISBURSEMENT TO ACCOUNT
NUMBER 110-1310-513-6430 "HURRICANE OPERATING EQUIPMENT
FUND."
(Mayor Robaina) 3/5
REGULAR CITY COMMISSION 2
AGENDA - March 16, 1999
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENVIRONMENTAL
STUDIES, AUTHORIZING THE ACTION OF THE CITY MANAGER IN
ENTERING INTO A CONTRACT WITH ENVIRONMENTAL SITE
ASSESSMENTS, INC., TO PERFORM A PHASE 1 ASSESSMENT OF
MURRAY PARK AT A COST NOT TO EXCEED $1,400.00, AND
CHARGING THE DISBURSEMENT TO OCED MULTIPURPOSE BUILDING
CONSTRUCTION" ACCOUNT NO. 001- 0000 - 0131.1420
(Mayor Robaina /Commissioner Bethel) 3/5
10. 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 $10,170.50 CHARGING
$450.00 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL
PROPERTY/ FORECLOSURE, CHARGING $835.50 TO ACCOUNT NO.
608 - 1910 -521 -3100, PROFESSIONAL SERVICES AND, CHARGING
THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES-
NON RETAINER; PROVIDING AN EFFECTIVE DATE.
3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE AN OPEN PURCHASE ORDER FOR $3,000.00
TO MOBILE CUSTOMIZING, INC. FOR VEHICLE PAINT AND BODY
WORK AND TO EXTEND AN EXISTING OPEN PURCHASE ORDER TO
AMERILUMBER, INC. AND ALLOCATING THE FISCAL YEAR
CHARGES TO THE APPROPRIATE PUBLIC WORKS ACCOUNT
NUMBERS.
3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) HEARING
There are none
RESOLUTION (S)
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTROLLING
HANDGUNS; EXPRESSING SUPPORT FOR LITIGATION BY,MIAMI-
DADE COUNTY AGAINST MANUFACTURERS OF FIREARMS THAT
PRODUCE DEFECTIVELY DESIGNED FEATURES TO PREVENT
UNAUTHORIZED USERS FROM FIRING .A WEAPON URGING THE
REGULAR CITY COMMISSION 3
AGENDA - March 16, 1999
FLORIDA LEGISLATURE TO REJECT PROPOSED LEGISLATION TO
MAKE IT A THIRD- DEGREE FOR LOCAL GOVERNMENT OFFICIALS
TO INITIATE A CIVIL ACTION AGAINST MANUFACTURERS AND
DEALERS OF FIREARMS AND AMMUNITION AND TO SUPPORT THE
RIGHT OF LOCAL GOVERNMENTS EVERYWHERE TO BRING LEGAL
ACTION AGAINST MANUFACTURERS AND RETAILERS OF DEFECTIVE
FIREARMS ON BEHALF OF THE HEALTH, SAFETY AND WELFARE OF
THE PUBLIC; PROVIDING AN EFFECTIVE DATE.
(Commissioner Feliu) 3/5
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SCHEDULING OF
CITY COMMISSION MEETINGS; RESCINDING RESOLUTION NO. 42-
99- 10666 ; RESCHEDULING THE APRIL 6 MEETING TO ;
PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
ORDINANCE (S) FIRST READING
14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY
THE CITY; _ PROVIDING FOR ISSUING NON- EXCLUSIVE
FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION;
PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A
PROPERTY RIGHT; RESERVING TO THE CITY THE POWER- TO
REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFERABILITY OF
FRANCHISE, OF FRANCHISE, LIMITATION OF CONTRACT
APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS,
INSURANCE, SERVICE STANDARDS, CITY MANAGER TO
PROMULGATE REGULATIONS, SCHEDULES AND ROUTES,
TERMINATION, ENFORCEMENT AND ADMINISTRATIVE FINES, AND
MUNICIPAL COLLECTION_ SERVICE; _REPEALING SECTION 11 -1,
DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR
COLLECTION, TRANSPORT AND DISPOSAL RENUMBERING
SECTIONS 11 -2 AND 11 -4 THROUGH 11 -11; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE
SPEAF(ERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM IVRTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
REGULAR CITY COMMISSION 4
AGENDA - March 16, 1999
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COmISSION" .
PUBLIC REMARKS
COMMISSION REMARKS
The Great Coconut Grove Bicycle Race
v lodrama Partners, Inc.
Liee P. Marks, Esc(.
Telephone (305) 444 -3342
PaX (305) 444.0552
Daliana Mantegazz..a
General Manager
Telephone (305) 447 -1029
Manuel AlonscrrPoch, F.$%
Telephone (305) 448 -4053
Fax (305) 443<)W3
To: City Clerk Ronetta Taylor From: Lee P. Marks, Esq,
Attrl: Nikki Dante: 3111M
Fax: 316.663 -6W Pages: 1
South Miami / Sunset Place Classic
Rai September 25,1959 (Saturday)
Scheduling as an Agenda item for City
of South Miami Commission Meeting of
Tuesday, March 16,1599
Dear Ms. Taylor;
Please assist us with the scheduling of the "South Miami /Sunset Place Classle bicycle race
and introductory discussion as an agenda item this coming Tuesday evening.
As an overview, the South Miami bicycle race was an annual event until recently, attracting a
health - conscious and family -oriented crowd to experience the excitement and thrill of a fast,
"downtown" criterium race, A criterium involves a short, cornering course through city streets
and is open to all age groups, from "junior to "mastersu.
The race would again be sanctioned through the USCF (United States Cycling Federation), a
policy of insurance would be provided by the USCF listing the city and its departments, and we
envision manning a successful clay long event, professionally set-up and run like last years
Coconut Grove race, drawing many spectators and visitors to South Miami, during the slow
business season.
Thank you for your assistance.
Take care and best regards.
4
LEE P. MARKS, SQ.
IF ALL PAeF.3 ARE NOT RECEIVED, PLEASE CALF. (308) 444 -3343.
THE INFORMATION CONTAINFED IN THIS TRANSMISSION 1S ATTORNEY- PRIVILEGED AND CONFIDENTIAL; IT IS
INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVS. IF THF. READER OF THE
MESSAGE IS NOT THE INTENDED RECIPIENT YOU Akrz HEREBY NOTIFIED THAT ANY DISSEMINATION,
DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED_ IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE, WE WILL REIMBURSE YOU FOR
EXPENSES. THANK YOU.
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/12/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 3/16/99
City Manager Appointing Commission Liaison to
Charter Revision
Commission
The attached resolution sponsored by Mayor Julio Robaina appoints Vice
Mayor Armando Oliveros, Jr., as the Commission liaison to the Charter Revision
Commission. This term shall expire March 16, 2001.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO THE CHARTER REVISION
5 COMMISSION; APPOINTING VICE MAYOR ARMANDO OLIVEROS, JR., AS
6 COMMISSION LIAISON; PROVIDING FOR TERM OF OFFICE, AND
7 PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, the Mayor and City Commission of the City of South Miami recognize the
10 important contributions and commitment made by the Charter Revision Commission to improve the
11 City's Charter; and,
12
13 WHEREAS, Resolution No. 48 -98- 10313, adopted March 3, 1998 established the Charter
14 Revision Commission
15
16 WHEREAS, the Mayor and City Commission desire to appoint Vice Mayor Armando
17 Oliveros, Jr., as the Commission Liaison to the Charter Revision Commission for a term ending
18 March 16, 2001; and
19
20 WHEREAS, it is further understood that the Commission liaison is an ex- officio member
21 and shall nave no voting rights on this Commission.
22
23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
24 THE CITY OF SOUTH MIAMI, FLORIDA.
25
26 Section I. The City Commission hereby appoints Vice Mayor Armando Oliveros, Jr., to
27 serve as Commission liaison to the City of South Miami Charter Revision Commission until March
28 16, 2001.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 51999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by evecg.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission
DATE: March 16, 1999
RE: Agenda Item #
Approval of expenditure for the
Purchase of landscape maintenance
tools
The attached resolution seeks approval of a $2,012.17 expenditure to purchase landscape
maintenance power tools. This equipment is budgeted for the current fiscal year.
The equipment proposed is used frequently by the landscape crew in its routine
maintenance of right -of -ways, parks, and City building landscaping. Public Works
sought quotes for high - quality, commercial grade equipment due to the heavy use it must
endure on a daily basis. The purchase of lower grade tools usually results in frequent
breakdowns, thereby impacting on the cost and efficiency of maintenance operations.
Of the three vendors who bid on the six pieces of equipment, Best Equipment and Repair,
Inc. provided the lowest quote at $2,012.17.
Funding for this disbursement will come from Account No. 1750 -519 -6430, "Landscape
Maintenance — Equipment Operating". The resulting balance for this account will be
$2,631.00.
Approval of this expenditure is recommended.
Attachments
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
5 THE CITY MANAGER TO DISBURSE THE SUM OF $2,012.17
6 TO BEST EQUIPMENT AND REPAIRS, INC. FOR THE
7 PURCHASE OF LANDSCAPE MAINTENANCE EQUIPMENT
8 AND CHARGING THE DISBURSEMENT TO ACCOUNT
9 NUMBER 1750 -519 -6430 "LANDSCAPE MAINTENANCE
10 DIVISION — EQUIPMENT OPERATING ".
11
12 WHEREAS, the extensive amount of landscape maintenance services provided
13 by Public Works crews requires commercial grade, high quality tools, and;
14
15 WHEREAS, the expense asssociated with the purchase of these tools are
16 budgeted for in the Department's annual operating budget.
17
19 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY
19 COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA:
20
21 Section 1. The Public Works Department has obtained the following three bids
22 from qualified manufacturers of storm shutters:
23
24 Best Equipment & Repair, Inc. $2,012.17
25 Ace Lawnmower Service, Inc. $2,079.17
26 Tropical Lawnmowers, Inc. $2,254.95
27
28 Section 2. The City Manager be, and is hereby authorized to disburse the sum of
29 $2,012.17 to Best Equipment and Repair, Inc.
30
31 Section 3. This resolution shall be effective immediately upon approval.
32
33 PASSED AND ADOPTED this 16th day of March 1999
34
35 APPROVED:
36
37
38 MAYOR
39 ATTEST:
40
41
42 CITY CLERK
43
44
45 READ AND APPROVED AS TO FORM:
46
47
48 CITY ATTORNEY
BES11EQUIPMENT & REPAIR
13280 SW 1.20 ST MIAMI, FL 33186
PH:(305)253 -21.90 FAX:(305)234 -8680
* * ** QUOTATION * * **
COMPANY NAME: CITY OF SOUTH MIAMI
03/10/99 OM AR MERA
DATE REQUSTED BY SALES REP
QTY DESCRIPTION P.RICI✓ TOTAL
1- S'I'1.1-lL 020T CHA.INSAW $341.21 $341.21
I.- ST111 L I-IT -75 PRUNER
2- ECHO IIE2400 EDGER
ECI-10 SIM100 WEEDEATER
SIGNATURE
$449.96 $449.96
$275.82 $551.64
$334.68 $669.36
TOTAL $2,01.2.17
*PRICE'S ARE GUARANTEED FOR 30 DAYS,
THANK YOU! WE APPRECIAT E YOUR. BUISNESS!
Ace Lawnmower Ser. Inc. Invoice No. QUOTE
n 6620 S.W. 8th Street
Miami, Florida 33144
(305) 261 -6912 fax (305) 262 -5215
INVOICE --
� L.usiumer
Name CITY OF SOUTH MIAMI
Address
City State ZIP
Phone
Date 2/26/99
Order No.
Rep
FOB MIAMI
Qty
1
Description
{STIHL 020T CHAINSAW
Unit Price
$341.21
TOTAL
$341.21
2
� ECHPE2400 EDGER
I
$299.00
; $598.00
i
1
;STIHL HT75 POLE PRUNNER
f
$449.96
! $449.96
2
I ECH SRM3100 WEEDEATER
$345.00
$690.00
ray911W11L &JcLana
QQ Cash
Q Check
Q Credit Card
Name
CC #
Expires
SubTotal $2,079.17
Shipping & Handling —$0.00
Taxes Florida �!
Insert Fine Print Here
Insert Farewell Statement Here
TOTAL .$2,079.17
[ Office Use Only
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INTER-OFFICE MEMORANDUM
PARKS & RECREATION DEPARTMENT
• •
DATE: March 10, 1999
A severely eroded area exists in the parking facility located at Fuchs Park. Safety issues
have risen due to "wear and tear" of the surface. An up-grade of the parking facility will
not only enhance this area of the park, but also will provide safer conditions for parking
and improve access for handicap parking.
The following companies provided the following bids:
Miguel Lopez, Jr. Inc.
$3,755.00
M.B.L. Paving Corporation
$4,824.00
Pilome Engineering Inc.
$3,975.00
The Parks & Recreation Department recommends the lowest bidder. Funds for this
purchase will be disbursed from account number 00 1.0000. 131.2200, "Fuchs Park Grant
Matching Fund", at $3,755.00 to Miguel Lopez Jr., Inc. for up-grading the parking
facility at Fuchs Park.
Approximate balance in this account is $51,680.00.
I recommend approval.
Parking Fuchs Park Up-Grade Scurr Commission '99
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Resolution No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH MIGUEL LOPEZ JR., INC., FOR UP-GRADING THE
PARKING LOT AT FUCHS PARK, DUE TO EROSION THAT HAS CAUSED
EXTENSIVE PROBLEMS AND RELEASING FUNDS FROM ACCOUNT NUMBER
001,0000.131,2200, "FUCHS PARK GRANT MATCHING FUND".
WHEREAS, pursuant to Article 111, Section 5, H, of the City Charter requires
bids be obtained for services and or purchases of items over $1,000.00; and
M-1
WHEREAS, the parking lot area at Fuchs Park has developed extreme erosion;
WHEREAS, safety issues are a concern; and
WHEREAS, a project consisting of asphalting the area, will provide equal
elevation and better access to Handicapped parking - and
WHEREAS, this project will aesthetically enhance the park, provide safer
surrounding for our commuting residents and provide an up-graded parking facility.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLOREDA:
Section 1. That a purchase order be awarded to Miguel Lopez, Jr., Inc., for
the amount of $3,755.00 for up-grading the parking facility at Fuchs Park. Disbursement
of funds will be released from account number 001.0000.131.2200, "Fuchs Park Grant
Matching Fund".
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of March, 1999.
I M � M.,
Parking Facility renovation Fuchs Park '99
•••• r
Miguel Lopez, Jr. Inc.
(a nmAza".
4
FAX TRANSMISSION
FROM, Lupo RodriguGz
TO: Doug Baker
City' of South Miami
669-1266
DATE: 1 -21 -99
PAGES (including cover sheet); 2
SUBJECT: Fnch's Park
COMMENTS:
Please see the attached proposal that was requested. If you have any
questions please do not hesitate to contact our office.
IF THERE IS ANY PROBLEM WITH THE TRANSMISSION,
PLEASE FEET, FREE TO CONTACT OUR OFFICE.
I ;.1 DE LiC. cc 4 ]E4353
BROWARD LIC, cc # 96- 1436 -)E
NAME; t3OUG.BAKER WORD TO BE PERFORMED AT
COMPANY: CITY OF SoLTT14 MIAMI NAME:
ADDRES.5; 6130 SUNSET T)R, MIAm71.FL, 33143 JOB NAME: !~UCfI'S PARK
TEX FFIION1r A: (3Ui)61i3fi31 aAY #: 6Ko (,,t JOB ADDRESS: US I & sW 80 SP.
�1-7v hereby propose to fnxniskt a!I labor r materials and equipment to Derfoarm the 1oI �`Y
s r �lestecl: _ - iow�ng " , terns of 1v—or4c
SEALC'OAT
I.- BAPRICA.DE OFF AREA TO BE SEALED
2.- CI EAN ENTIRE ASPHALT AREA WITH POWER AIR BLOWERS
3.- TREAT HEAVY OIL SPOT WIT14 GENT SEAL OIL. SPOT PRIMER,
4.- FURNISH AND .APPLY SPRAY COAT OF GEibZ SEAL
SEALER ti4'ITI 13':;, OF GS -10 LATEX AND 3 -4 LBS OF #2
SILICA SAND ADDED PER GALLON MECHANICALLY AGITATED AND
APPLIED AT THE RATE OF 1/8 OF A GALLON PER SQUARE YARD,
,- RESTRIPE PARKING LOT AS .EXISTING USING D.O.T. APPROVED
PAINT.
6.- HANDICAP MARKING AND SIGNS, QTY = 2 EA.
7.- INSTALL 5' WIDE BY 34' LONG .ASP14ALT FRONT OF THE NEW
HANDICAP SPACES FOR WHEELCHAIR ACCESS,
R,- INSTALL PLASTIC BUMPERS QTY, = 23 EA
TOTAL
PERMIT AND HANDLING FEES ARE NOT INCLUDED. ANY ADDITIONAL WORK
REQUIRtf) BY PERMIT WILL BE ADDED TO CONTRACT PRICE,
WORKMANSHIP & MATERIAL,; CITARANTEED FOR ONE YEAR.
NORNIAL WEAR AND TEAR rtXCLUDED.
1,350,0()
S 350.00
$ 300.00
$ 950.00
$ 805.00
S 3,755.00
WITH PAY MF,NT TO BE MADE AS FOLLOWS:
RESPECTPULLY 5I113ltitITl'ED '&'iZ° p UPON COMPLETION
DATE: 1-21-99 NOTE; THIS PROPOSAL MAY BF WITHDRAWN 13Y US IF NOT ACCEPTED WITHIN THIRTY DAYS. # 7,746
ACCEPTANCE OF CONTRACT
fhe above prices, Sj)cci #iL'atif)ll, and crallditiUtl are satistacto rY and are hereby accepted, You are autlloXized to da the vV't7r
as specified, Payment will he made as wtlialed above, k
Accepted by
_ –. ( Print
THE PURCHASER AGREES TO PAY AI_I, COSTS OF COLLECTION. INCLUDING A REASONABLE ATTORNEY'S ME IN TIIE E ` EVENT THIS
INVOICE IS PLACED WITH AN AT7pRNFY FOR COLLECTION WHETHER A, SUIT IS BROUGHT OR NOT.
7711 Northwest 74th Avenue • Medley, Florida 33166 ■ Tel: (305) 8844 -0767 - Fax: (305) AAA.nfi42
state Lic. # CU•CO$7030 • Dade Llo.#t E1353 • Broward Lic, a CC96.1436.E
7LM
TELEFAX TR.kNSMITTAI.:
Mail Remittance:
P.O. Box 652338
Miami, Florida 33265 -2338
Telephone 4 (305) 594 -8157
Fax Number (305)594 -5524
175I N.W. l 10 Avenue
Miami, Florida 33172
Date; 7'5
To: PadS Cg A ',2
Location: 611Y Off Zdc+t'y NjAo4l ¢ -69 9-t d 6
From; 90.c
TELEFAX CONSIST'S OF 3 PAGES INCLUDING niE TRANSMITTAL PAGE.
COMMENTS:_ H.y .# 7p tt,c o« 1� J r
Please be advised that Client shall arrange and be responsible for all necessary permits and corresponding
Pees,
M13L Paving appreciates the opportunity to submit this proposal, if you find the same acceptable, please
sign the original of this Agreement in the spaces provided and return one (1) fully exmuted copy for our
files which will serve as your formal authori7ation for services.
Should you have any questions, please do not hesitate to contact the undersigned at (305) 594.8157,
Sincerely,
Agustin Rey
General Manager
ACCEPTED AND AGRER4D
By: n . _ _ Date:
........... ............................................................................................................................................................................................
MBL
offimmm
February 25, 1999
Doug Baker
City of South Mianii
6131) Sunset Drive
South Miarni, FL 33143
VIA FAX, 305- 669 -1266
Re Parking lot at CIS 1 and SW 80th Street.
Lear Sir:
In accordance with your request, MBL Paving is pleased to submit our proposal for the above referenced
project for the City of South Mlianii(C:lient).
DeseriLiOn sr Pricing and Se mices
MBL Paving will provide the necessan- supcn.-ision, equipment, labor and materials for the following:
SLURRV SFAI,
+ Includes power cleaning with lair brooms all areas to be scaled.
• Application of generous coat of "Gene Sea.111
,
+ Scaler wilt contain two pounds of Silica sand to each gallon.
PAVEMENT MARKINGS & SIGNAGE
Paint to used will be road paint (not therni<oplastic)
• Two handicap signs
• Relocation of existing signs
ASPHALT WORK
• Approximately 150 square feet of green area to be nlade into asphalt sidewalk.
• Asphalt work 'will call for excavation, stabilization of subgradc, placcttient of linierock hasc and
placement of asphaltic wcaring course,
CAR STOPS (OPTION A - RUBBER)
• 21 recycled rubber parking curbs (4 "x 6 -x 72 "), secured with four (4) 14" relmrs.
CAR S'L'OPS (OP'PION R - CONCRETE)
+ 21 concrcic parking stops (6' 10119), secured with two rcbars.
PROPOSAL W /OPTION A ....................................... S 49824.011
PROPOSAL W /OPTION B ....... . .. ....... y..........S 3,2611,00
1751 N,W, 110 Avenue, Miami, Florida 33172 Tel„ (305) 594 -6157 Fax: (305) 594 -6524
P.O. Box 652338 Miami, Florida 33265 -2338
TO:
E
Company �',�'•
FAX Phone - ° /Z;a
I Date �I II I I I III III I I a
FROM:
SUBJECT.
MESSAGE:
TOTAL_ NUMBER OF PAGES INCLUDING THIS COVER SHEET:
If you do not receive all pages transmitted please contact us immediately.
1
6920 N.W. 145 7F' MIAMI FL 33010 PH: 505- 823 -2656 • FX: 305 -823 -6025
��
FILOME ENGINEERING INC.
ENGINEERING CONTRACTORS
PROPOSAL -- PROPOSAL
FROM PILOT' E ENGINEERING INC.
8920 N.W. 148 TRR
MIAMI , FL. 330116
PROPOSAL SUBMITTED TO:
DOUG BAKER
CITY OF SOUTfi MIANII
6136 SUNSET DRIVE
SOUTH MIAMI, FL. 33143
PH: 305- 6636319
FAX: 305- 669.1266
DATE: JANUARY 20,1999
JOB: FUCH'S PARS.
US 1 AND 80 ST.
We hereby propose to furnish all the material and labor for:
1- SEAL PARKING LOT AND RESTRIPE
2- NEW PLASTIC BUMPERS (23 EA)
3- HANDICAP SIGN AND LOGO (2 EA.)
4- PAVING 5' BEHINE NEW HANDICAP
We hereby propose to furnish labor and material to complete in accordance with the
above specification. for the sum of: THREE THOUSAND NINE HUNDRED AND
SEVERITY FIVE dollars ( $ 3,975.00 ) with payment to be made as follow: 30 days as
each section is completed or partial completion.
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from above
specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon
strikes,accident or delays beyond our control. This proposal subject to acceptance within
30 days and is void thereafter at the option of the undersigned.
Authorized Signature- - - -- - - -- -- - -- - - - - -- -DATE: -------a-----0- -.
8920 N.W, 148 Tip' a MIAMI FL 330716 8 f H: 305. 823 -205r 0 FX: 305 -823 -6025
The above pries , specifications and conditions are hereby accepted. You are authorized
to do the work as specified. Payment will be made as outlined above.
ACCEPTED BTU:
MATE, ,.- -- - - --
SIGNATURE:...
SIGNATURE:-- r- --- - .... ,....-- r ..-.. - - - ---
8920 N,W, 148 TK 1 MIAMI FL 33016 0 f H: 305 -a23 -2656 • FX: 305.523 -6025 i
Xt reM
Proper signage is extremely important in the identity of a facility. Proper signage informs
guides and directs. The Parks & Recreation department is on a mission to renovate, develop
and enhance all our facilities. Fuchs Parks is undergoing a major face-lift that will make
every citizen in this community extremely proud. Fuchs Park lacks signage.
The Parks & Recreation Department is seeking permission to utilize San One Partners, to
create a sign for this park.
This vendor is the lowest bidder. Funds for this purchase will be disbursed from account
number 001.0000,131.2200, "Fuchs Park Grant Matching Fund", at $1,320.00 to San One
Partners.
Approximate balance in this account is $53,000.00.
I recommend approval.
San One Partners Sign Fudis Park '99
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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 RELEASE
FUNDS IN THE AMOUNT OF $1,320.00 TO SAN ONE PARTNERS, FROM
ACCOUNT NUMBER 001.0000.131.2200, "FUCHS PARK GRANT MATCHING
FUND", FOR A CUSTOM DESIGNED SIGN AND INSTALLATION FOR FUCHS
PARK.
WHEREAS, Article ITT, Section 5, H, of the City Charter, requires bids be obtained
for purchases of items over $1,000.00; and
WHEREAS, proper signage is extremely important in the identity of a facility; and
WHEREAS, Fuchs Park does not have a sign on the property; and
WHEREAS, the lowest bidder is San One Partners; and
WHEREAS, The vendor, San One Partners, will provide a sign that would enhance
Fuchs Park.
1 M A tip
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11111.1mr, 41MV 141
Section 1. The City Manager is hereby authorized to disburse the sum of
$1,320.00 from account number 001.0000.131.2200, "Fuchs Park Grant Matching Fund",
for a purchased order established to San One Partners.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of March, 1999.
CITY CLERK
San One Partners Fuchs Park sign '99
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QUOTATION / PROPOSAL
DON'S SIGN SHOPPE
13076 SW 132 Court
MIAMI, FLORIDA 33186
305- 238 -0205
ESPI�RSnN
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SHIP VIA
No.
DATE
INpUIRY
ESTIMATED DELIVERY
From receipt
of order
TERMS
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DESCRIPTION
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SIGNATURE__.. --
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MARCH 3, 1999
r�Aoqm I
For A Quality Sign Thatt Right On'ime.
CITY OF SDUTH MIAMI
6130 SUNSET DRIVE,
SOUTH MIAMI, FL. 33143
385) 665- -ftel
Dear MM BAKERI
-'MAW YDU FOR YOUR INTEREST IN FASTSIMe!
ITEM 1 Product: OTHER
Quantity, 1 Sidt(s)s 1 Colors WHITE
Dttcription, SMDBLASO SISNASE 61X4+ DOLIBLE SIDED
ITEM F Products OTHER
Duantity, 1 $idt(s)s Q Calory
Descriptions CUSTOM CQLOR MATCH
ITEM_ 3 Products OTHER
Quantity' 1 Side(s) I g Color+,
Description, KASINS /SNIPDIN@
Sincerely,
FASTSIBNS
Estimate No,
Sim
Sim
Sizes _ „
8227 S. Dixie Hwy. - Miami, FL 338743
Phone (305) 669 -9944 - FAX (305) 669 -9645
Sub Total
Tax
Total
482.64
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69@D. 84
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PHONE FAX
FROM:
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NAME Tote! Pars including [over
MEMO:
Lit"
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The W anng
of the Greer!
You'll be bringing in
the green when you
advertise with banners
and signs from FASTSIGNS.
Perfect to lead the
St. Patty Day parade or
advertise Spring specials
and promotions... we
have the sign for you! Let
FASTSIGNS custom design
your signage with bright
colors and creative
graphics. Bring In your
Ideas or let our customer
service representatives
assist you. Call today,
For A Quality Sign
That's Bight. can Timeffi,
• BANNERS + WINDOW LETETERING - REAL ESTATE & YARD SIGNS • VEHICLE & BOAT GRAPHICS - MENU BOARDS. RETAIL SIGNS
V-2). iIRB� �,�NNERS ! r
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*ARCHITECTURAL GRAPHICS - LOGOS & SYMBOLS • TpADE SHOW DISPLAYS •MAGNETIC SIGNS Ri:ADY Tt7 APPLYLETTERING
CITYOF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Honorable Mayor and DATE: March 16, 1999
City Commission
FROM: Charles Scurr RE: Agenda Item #
City Manager Commission Meeting
March 16, 1999
Approval of purchase and
installation of hurricane shutters —
City Hall Administration office
building
REQUEST
The attached resolution seeks approval for a $26,302.00 expense to purchase and install
hurricane shutters at the City Hall administrative office building.
BACKGROUND AND ANALYSIS
There are currently two types of hurricane shutters at City Hall. The roll down system at
the Police Department operates properly and meets code. The panel shutters on the
remainder of City Hall do not meet the current South Florida Building Code.
Additionally, the experience gained this past year putting up and taking down the shutters
revealed a number of installation and workmanship problems. It required a crew of 4
persons 1 1/2 days to put up the shutters and 1 day to take them down. In addition to being
very costly, these Public Works staffers were not able to perform vital hurricane
preparedness work elsewhere in the City, such as tree trimming, trash and debris removal,
etc.
Public Works obtained three price quotes for accordion shutter system from local
vendors. The quotations ranged from $34,165.00 to $26,302.00. The shutters are to be
installed in accordance with the recently revised. Metropolitan Dade County Building and
Zoning requirements.
We also obtained quotes to replace the current shutters with new panel type shutters that
meet code. The low price was $18,768.00. The price differential of $7,534.00 for the
accordion shutters is more than justified by the staffing savings and need for the staff to
perform other functions as a hurricane approaches.
Funding for this disbursement will come from Account No. 110 - 310 -513 -6430,
"Hurricane Fund - Operating Equipment". After this expenditure a balance of
approximately $56,698. 00 will remain in this account.
RECOMMENDATION
Approval is recommended.
Attachments
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE CITY MANAGER TO DISBURSE THE SUM OF $26,302.00
TO HURRICANE PROTECTION INDUSTRIES, INC. FOR THE
PURCHASE AND INSTALLATION OF STORM SHUTTERS AT
THE CITY HALL BUILDING AND CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 110 - 1310 -513 -6430
"HURRICANE OPERATING EQUIPMENT FUND ".
WHEREAS, the City Hall office building contains a substantial array of
valuable equipment and documents, including personal computers, printers, and
important office records, and;
WHEREAS, the exterior doors and windows are not properly equipped with
the new approved storm shutters, making the items within the building vulnerable to the
winds and rain that usually accompany a storm or hurricane.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY
COMMISION of the CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Public Works Department has obtained the following three bids
from qualified manufacturers of storm shutters:
Hurricane Protection Industries, Inc. $26,302.00
Seaview Industries, Inc. $28,487.50
Howard Shutter Company $34,165.00
Section 2. The City Manager be, and is hereby authorized to disburse the sum of
$26,302.00 to Hurricane Protection Industries, Inc.
Section 3. This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this 16th day of March 1999
APPROVED
IST
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Hurricane Storm Shutters for City Hall
Hurricane
Protection
Industries, Inc.
3440 NW 73 rd Avenue
Miami, Florida 33122
Phone: 305.591.3500
Fax: 345.59.1.3005
CG - CA012 12
February 4, 1999
The City of South Miami, Public Works Department
6130 Sunset Drive
South Miami, Florida
Attention: Mr. Rudy DeLa Torre
Via Fax: (305) 261 -1791
Re: Hurricane Shutters for City Hall
Dcar Rudy:
At your request we are pleased to submit this QUOTATION to fumish and install complctc our Jeff
Robinson Omega Hi -Rise Accordion Shutter System (Omega), to protect the designated glass areas
on the City of South Miami, City Hall building located at 6130 Sunset Drive, South Miami, Florida.
Our take off is based on a site visit and actual field measurements.
OUR QUOTATION for the City of South Miami City Hall Hurricane Shutter Project is:
Fumish and install our Omega System to protect the designated glass areas as follows:
A) 5, Second Floor windows in Building and Zoning
13) All remaining first floor glass areas not located in the Police Department area, or otherwise
already protected by accordion or roll down shutters. Includes; large triple south window in
the Commission Chambers, West entrance door, 6 west windows, North entrance door area,
North window, 12 East windows trapped between columns, East entrance area and the long
East racing window located just south of the East entrance.
LUMP SUM, TOTAL, 29 openings listed above, Installed Complete: 302.00
(Continued)
This Quotation is based on the acceptance of materials in standard, available colors. White,
Ivory, Beige or Bronze.
In accordance with our discussions, you would take care of modifying the railing located
adjacent to the West entrance door and the railing and curb located on the lower right -hand side
of the South side window in the Commission Chambers. i
At the present time, Omega materials in standard colors can be available for installation in
approximately 6 -8 weeks. Installation of the materials should take approximately 1 week. Prices
quoted herein are installed complete. All labor, materials, site specific engineering, taxes and
Building Pcrmits are included.
Thank you for the opportunity to quote on this work. We invite you to inspect some of
the properties that we have secured with the materials proposed for use on your this
project. Our project team takes great pride in the work that we have done and hope that
we can be of similar service to The City of South Miami.
Please feel free to call me with any questions or comments.
Sincerely,
Jeffry T. Robinson, CEO
Hurricane Protection Industries, Inc.
facsimile
1RANSAIT1A1
to:
Rudy DcLa Torre
fax #:
( 305) 261 -3791
re:
Hurricane Shutter Bid
date:
February 4, 1999
pages:
3, including this cover sheet.
Dear Rudy:
Following, please find our bid to furnish and install accordion shutters to protect the
designated openings on your City Hall building.
Thank you for this opportunity. Please feel free to call me with any questions or
comments, I'll send over the quote on the Community Center just as soon as can.
Sincerely,
gll " ---
.Jeff Robinson
From the desk of.
Jeff Robinson, CEO
Hurricane Protection Industries, Inc.
3440 NW 73 Ave.
Miami, FL 33122
(305) 591 -3500 (300) 542.3057
Fax; (305) 591.3A05
E -mail, jeffrarnilleraolomon,corn
ZJ
SALES CONTRACT
PROPERTY OWNER
PURCMASERrAGENT
(IF NOT ►r•Omwnf 00MER7C�i n le-
JOB SITE ADDRESS ;3 S�
M I C. ,,,, t, i
r VC 193? 132 : 0410h, Pr., .
wousyaga. INC.
CGG 055121
3750 N.W. 46th Street, Miami, FL 33142
Dade Phone: (305) = -NW
moats 1. 800.252 Fax: (306) 63444
MAILING ADDRESS ���� CONTRACT NO,
IF OtrFlERENT) ONE5 8Y sEA
1 ; � t w
DATE iZ Ill q
3oS -7x5ts -•X79 8n dS GsGs3 »- ft o1:UVERY y c,�YG'S
RESIDENCE TELEPHONE BUSINESS TELEPHONE OTHER TELH (ESTWAT90 F ` DAT VC tii OF RECEIPT Of PEgMR)
This contract is subject to covenants and conditions an the reverse side hereof. Trots contract Is the complete agreement between partial and no terms,
conditions, contingencies, payments, materials or watt shall be expected of either party OxCW a3 4myeasiy provided for heroin or by written amendment.
Seller shall have fifteen (15) days from the date of this oontraot to review the terms and
cancel if such review I$ not acceptable to its Engineering Review Department. In the
event of cancellation by Seller any deposit will be refunded.
"BUYER'S RIGHT TO CANCEL" This is a home solicitation sale, and if you do
not want the goods or services, you may cancel this agreement by providing
written notice to the seller in person, by telegram, or by malt. This notice must
indicate that you do not want the goods or services and must be delivered or
postmarked before midnight of the third business day aher you sign this
agreement. If you cancel this agreement, the Seller may not keep all or any part
of any cash downpayment.
Executed in tour copies, one copy of which was delivered to, and receipt is hereby
acknowledged by buyer, thi.% day of 19
Purchaser _ (Seal)
Purchaser _ T(Seal)
��ruiYC R !^,Ar�dRV - C1Hino r'.nniAfi PINK - Customer CoDV
SALES PRICE S 2 5S'. rl Ss-7 S4
C-; Njc-
SALES TAX
PERMIT FEE
SURVEY FEE
TOTAL CONTRACT QT44P 3 O
LESS: DEPOSIT 140, (.0
'BALANCE DUE $
Unless : agreed afsewhere herein, upon completion of
installation, the Purchaser' shall pay to SeaView an amount
ettual to ninety (SO %j 'poresnl of the total oontrad price
minus any depooit previously paid. The remaining tan (log/.)
percent shall be due immediately upon receipt of "Final
Inspection" from the appropriate municipals
Salesman O t `�eLrA.3
GOLD - Sales Representative Copy Cy 3 c. j _ ce j r C,
DESCRIPTION INSTRUCTIONS
M • �� a
MMM_MM
Seller shall have fifteen (15) days from the date of this oontraot to review the terms and
cancel if such review I$ not acceptable to its Engineering Review Department. In the
event of cancellation by Seller any deposit will be refunded.
"BUYER'S RIGHT TO CANCEL" This is a home solicitation sale, and if you do
not want the goods or services, you may cancel this agreement by providing
written notice to the seller in person, by telegram, or by malt. This notice must
indicate that you do not want the goods or services and must be delivered or
postmarked before midnight of the third business day aher you sign this
agreement. If you cancel this agreement, the Seller may not keep all or any part
of any cash downpayment.
Executed in tour copies, one copy of which was delivered to, and receipt is hereby
acknowledged by buyer, thi.% day of 19
Purchaser _ (Seal)
Purchaser _ T(Seal)
��ruiYC R !^,Ar�dRV - C1Hino r'.nniAfi PINK - Customer CoDV
SALES PRICE S 2 5S'. rl Ss-7 S4
C-; Njc-
SALES TAX
PERMIT FEE
SURVEY FEE
TOTAL CONTRACT QT44P 3 O
LESS: DEPOSIT 140, (.0
'BALANCE DUE $
Unless : agreed afsewhere herein, upon completion of
installation, the Purchaser' shall pay to SeaView an amount
ettual to ninety (SO %j 'poresnl of the total oontrad price
minus any depooit previously paid. The remaining tan (log/.)
percent shall be due immediately upon receipt of "Final
Inspection" from the appropriate municipals
Salesman O t `�eLrA.3
GOLD - Sales Representative Copy Cy 3 c. j _ ce j r C,
'FROM : SERUIEW PHONE NO. : 305 634 9060
SeaView Industries, Inc.
jj�
PURCHASER C I�. V QC s�M.. M l raan t CONTRACT NO,
Feb. 15 1999 02 :04PM F5
.SALES CONTRACT
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Mciltiortat instructions / Information I and Directions to Job Site
APPROVED APPROVED
PuRCRAM SEAVIEW REPRESENTATIVE -
WHITE & CANARY - Orrice Copies PINK - Cuetorner Cagy GOLD Sales Representative Copy
10816 S.W. 188th Street
Miami, Florida 33157
SERENE LAKE INVESTMENTS INC. DBA
A
Product Excellence & Dependability Since 1981
CONTRACT - ESTIMATE
SOLD TO 1 �� Q j Ln rA 1 ��� L RES. PHONE —
ADDRESS 130 J y'J . e T �.� 2 - BUS. PHONE
� r —
CITY � O Ak 1 44M STATE ZIP 3 J APT. NO
JOB ADDRESS
(2 L4,
CC -16307
Phone: (305) 235 -0182
Fax: (305) 235 -1423
Toll Free: 1- 800 - 551 -0583
DATE .�-
3 DELIVERY �lJ
Terms of Contract: 30% deposit with order. 65% of Job Price due upon installation completion. Balance of 5% or $150.00
whichever is greater, due after final approved permit inspection.
f=urnish and install 6,-- Howard Big Bertha � Residential Bertha % accordion shutters:
TOTAL: b k o � �' ►�-� 11� �t �l, I Y� • 00 /c'��v�i 4 � 3 �f, / Z4 S 10657
Howard accordion shutters are made of all extruded aluminum ; with blades of .063 guage /
050 gauge ; with extruded 1/8" frames mounted and anchored every 8 inches with stainless
steel fasteners, caulked on top and sides to make weather- tight.
Installation by Howard Employees Only.
OTHER: Shutters conform to all new Building Codes and contract to be executed will be
provided by Howard Shutter Company All shutters wind tested to exceed Dade County
requirements, 7—,4,Y 45 X elllid
NOTES: Above price is final price for all materials and installation. Sates t is included. An
engineer will come by and take final measurements after client has submitted the deposit.
Technicians will need access to electricity for installation. --rNc1vdPS fofl�s err�ev,Qb /E?
Full five -year warranty on all workmanship and materials. / /..S
MASTER CARD VISA FINANCING AVAILABLE
I HAVE READ, UNDERSTAND AND AGREE WITH TERMS OF THIS
CONTRACT
COLOR: BRONZE WHITE
ACCEPTED:
PURCHASER
SIGNATURE
BEIGE PRODUCT.
DATE
PRINT NAME
ORDER IS BJEgT TO AP930VAL OF MANAGEMENT
SALESMAN �� k:_
STORM PANELS ROLL -UPS
JOB PRICE $
LESS 30% DEPOSIT -
BALANCE $
LESS 65% OF JOB PRICE -
APPROVED DUE AFTER PERMIT INSPECTION $
CUSTOMER COPY WHITE
10816 S.W. 188th Street
Miami, Florida 33157
SERENE LAKE INVESTMENTS INC. DBA
Product Excellence & Dependability Since 1981
CONTRACT -- ESTIMATE
SOLD TO % J! U � /�7 t- RFR_ PHONE
ADDRESS f3 l' �j �T �J2- BUS. PHONE k", 3 - b 3S0
CITY ST TE ZIP 5 APT. NO
JOB ADDRESS
CC -16307
Phone: (305) 235 -0182
Fax: (305) 235 -1423
Toll Free: 1- 800 - 551 -0583
- 9 l 1- P
DATE s
DELIVERY X134
Terms of Contract: 30% deposit with order. 65% of Job Price due upon installation completion. Balance of 5% or $150.00
whichever is greater, due after final approved permit inspection.
Furnish and Install Hollup snu ers: Hand UranK e
TOTALS �� ./✓ � ���
Rollup shutters are made of all extruded aluminum ; with
blades of .063 guage, including hand crank, with frame mounted and anchored every
& inches with stainless steel fasteners. caulked on top and sides to make weather- tight.
OTHER: Shutters conform to all new Building Codes and contract to be executed will be
provided by Howard Shutter Company,
NOTES: Above price is final price for all materials and installation. Installers will need access
to home /condo on the day of installation. Our installation manager will call to schedule an
appointment for installation. An engineer will come by and take final measurements after client
has submitted the deposit.
Full five -year warranty on all workmanship and materials.
ESTIMATE DOES NOT INCLUDE RELOCATION OF ELECTRICAL WIRING.
MASTER CARD VISA FINANCING AVAILABLE
I HAVE READ, UNDERSTAND AND AGREE WITH TERMS OF THIS
CONTRACT
COLOR: BRONZE WHITE BEIGE PRODUCT: FOLDING SHUTTERS STORM PANELS
ACCEPTED:
PURCHASER
SIGNATURE
DATE
PRINT NAME
ORDER IS S JE T TO AP-19 OVAL OF MANAGEMENT
SALESMAN
APPROVED
CUSTOMER COPY WHITE
JOB PRICE $
LESS 30% DEPOSIT -
BALANCE $
LESS 65% OF JOB PRICE -
DUE AFTER PERMIT INSPECTION $
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MAR -10 -99 10:::7 PM HURRICANEPROTECTION 5313905 P.01
V
t 4
facsimile
1RANSMi11Al /�
to: Mr. Rudy DeLa Torre
fax ( 305) 261 -3791
re: Proposal for Removabie Aluminum Storm Panels
date: March 10, 1999
pages: 3, including this cover sheet.
Dear Rudy,
'Thank you for the opportunity to provide you witl a
removable aluminum storm panel and structural support system to protect your ".11y
Hall Building.
Thy^ most significant issues to bear in mind relate to the potential hazards involved in
handling removable panels for second floor openings. Additionally, because of the
height of the East Entrance and South Commission Chamber glass areas and the
physical limitations inherent to removable aluminum panel systems, we will be
required to design and install a removable structural column and beam system in order
to reduce the individual panel spans and comply with the Building Code. Please
remember to factor in additional time and manpower to put the support system in
place in time of hurricane emergency.
Please feel free to call me with any questions or comments.
Sincerely,
Jeff Robinson A Wt� (a' �
From the deek or, ,
Jeff Robinson. CEO
HurrIcene Protection Industries, Inc.
3440 NW 73 Ave.
Miami, FL 33122
(305)581.3500 (800)542.3057
Fax, (305) 501,3005
E -mall; Jeffr®mlllersolomon,cam
MHR— 10 —` ?`a 1 C1 : <7 PM HURR I G"NEPPOTECT I ON 5913005 P. 02
Hurricane
Protection
Industries, Inc.
3440 MN 73rd Avenue
Miami, Florida 33122
Phone: 305. 591.3500
Fax: 305 -591 -3005
CC - CA09212 March 10, 1999
The City of South Miami, Public Works Department
6130 Sunset Drive
South Miami, Florida
Attention: Mr. Rudy DeLa Torre
Via Fax: (305) 261 -3791
Re: Removable Aluminum Hurricane Panels for City Hall
Dcar Rudy:
At your request we arc pleased to submit this QUOTATION to furnish and install complete our
0.000" removable aluminum storm panel system to protect the designated glass areas on the City of
South 'Miami, City Hall building located at 6130 Sunset Drive, South Miami, Florida. Our take ofl'is
based on a situ visit and actual field measurements.
OUR QUOTATION for the City of South Miami City Hall Removable Shutter Project is:
Furnish and install our 0.060" removable aluminum storm panel system to protect the designated
glass areas its follows:
A) ;5, Second Floor windows in Building and Zoning
B) All remaining first floor Mass areas not located in the Police Department area, or othc;rwise
already protected by accordion or roll down shutters. Includes; large triple south window in
the Commission Chambers, West entrance door, 6 west windows, North entrance door area,
North window, 12 East windows trapped between columns, East entrance area and the long
East fucing window located just south of the East entrance.
(Continued)
i9HR- lot -�? 10:27 PM HURRICmNEPRGTECTION 5913005 P.03
So,eth 'Miami City Hall Storm Panel Option, Page 2
C? Custom removable column and beam system to provide the necessary support for the main
East Entry and Large South Window on the Commission Chambers. The height of the
existing glass in these openings exceeds the capacity of aluminum panels working in a
single un- reinforced spar,. Please be advised that your subsequent reinstallation time to put
up the system and secure that building will be increased by the time it takes to first install
the removable -structural beam and column system prior to the actual installation of the
panels themselves.
LUMP SUM, TOTAL.., 29 openings listed above, Installed Complete: $18,768.0
This (quotation is based on the acceptance of materials in standard, available colors.
Ir accordance with our discussions, you would take care of modifying the railing located
adjacent to the West entrance door and the railing and curb located on the lower right -hand side
ofthe South side window in the Commission Chambers.
At the present time, materials can be available for installation in approximately 6 -8 weeks,
Installation of the materials should take approximately l week. Prices quoted herein are installed
complete. All labor, materials, site specific engineering, taxes and Building Permits arc
included.
Thank you for the opportunity to quote on this work. We invite you to inspect some of
the properties that we have secured with the materials proposed for use on your this
project. Our project team takes great pride in the work that we have done and hope that
we can he of similar service to The City of South Miami.
Please feel free to call me with any questions or comments.
Sincerely,
lcffry 1 Robinson, CEO
Hurricane Protection Industries, Inc.
f
r
i
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE:
FROM:
March 16, 1999 42
Charles D. Scurr SUBJECT: Agenda Item #
City Manager Commission Meeting,
March 16, 1999
RATIFICATION OF THE CITY
MANAGER'S ACTION TO
ENTER INTO A CONTRACT
WITH ENVIRONMENTAL SITE
ASSESSMENT INC. TO
PERFORM A PHASE I
ASSESSMENT FOR MURRAY
PARK PER OCED
SPECIFICATIONS, AT A COST
NOT TO EXCEED $1,400.00.
The attached resolution ratifies the proactive action of the City Manager in entering into a
contract with Environmental Site Assessment, Inc., (ESA) to perform a Phase I Environmental
Assessment for the future location of the "Phase I" Multipurpose Center ancillary building.
In 1997, pursuant to Miami -Dade County Office of Community & Economic Development
(OCED) requirements, the City retained ESA to perform a Phase I Environmental Assessment
for the proposed "Traffic Calming Project" location, and the former site of Coker Plumbing
(5845 SW 68' Street). This Coker Plumbing property was acquired by the City for the future
construction of the Multipurpose Center, "Phase II" (the main structure). The ESA report,
however, does not cover Murray Park, the proposed location of the Multipurpose Center
"Phase I" ancillary building.
Accordingly, the City Manager has authorized ESA to prepare a Phase I Assessment for Murray
Park in order address the earlier omission. This proactive decision was necessary to expedite the
groundbreaking of the "Phase I" ancillary building.
The total expenditure would not exceed $1,400.00, and the disbursement would come from
account No. 001- 0000.0131.1420 "OCED Multipurpose Building Construction ".
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO ENVIRONMENTAL
6 STUDIES, AUTHORIZING THE ACTION OF THE
7 CITY MANAGER IN ENTERING INTO A
8 CONTRACT WITH ENVIRONMENTAL SITE
9 ASSESSMENTS, INC., TO PERFORM A PHASE I
10 ASSESSMENT FOR MURRAY PARK AT A COST
11 NOT TO EXCEED $1,400.00, AND CHARGING THE
12 DISBURSEMENT TO "OCED MULTIPURPOSE
13 BUILDING CONSTRUCTION" ACCOUNT NO. 001-
14 0000.0131.1420.
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
WHEREAS, the Mayor and City Commission of the City of South Miami deems the
construction of the "Phase I" Multipurpose Center ancillary building a priority, and;
WHEREAS, the Miami -Dade County Office of Community and Economic Development
(OCED) requires that, at a minimum, a Phase I Environmental Assessment be prepared for any
project being funded through Federal Community Development Block Grants (CDBG).
WHEREAS, the CDBG funds could be lost if the "Phase I" Multipurpose Center
ancillary building is not constructed this calendar year.
WHEREAS, the firm Environmental Site Assessments, Inc., (ESA) has previously
prepared Phase I Environmental Assessments for OCED on behalf of the City, and due to their
approval by OCED, this firm was directly selected to expedite the necessary work.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
. Section L The action of the City Manager to enter into a contract with
Environmental Site Assessments, Inc., is hereby ratified by ordinance.
Section 3. The contract with Environmental Site Assessments, Inc., is not to exceed
$1,400.00 for fiscal year 1998199.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
I Section 5. All ordinances or parts of ordinances in conflict with the provisions of this
2 ordinance are repealed.
3
4 Section 6. This ordinance shall take effect immediately upon approval.
5
6
7 PASSED AND ADOPTED this 16'h day of March 1999.
8
9
10
11 APPROVED:
12
13
14
15
16 MAYOR
17 ATTEST:
18
19
20
21
22 CITY CLERK
23
24
25
26
27 READ AND APPROVED AS TO FORM:
28
29
30
31
32 CITY ATTORNEY
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11:71 E 3H, INC.- - '052 -S1 Z ; 91 002
ENVIRONMENTAL SITE ASSESSMENTS, INC.
.Y.
ENVIRONMENTAL & ENGINEERING CONSULTANTS
EXHIBIT A
PAGE 1 OF 2
SPECIFIC WORK ORDER
BETWEEN
ENVIRONMENTAL SITE ASSESSMENT$, INC.
(THE "CONSULTANT')
AND
CITY OF SOUTH MIAMI
(CLIENT)
ESA PROPOSAL NO. "-P1 50A
The parties to this Specifie Work Order are part" to this Professional Services dated March 3rd, 1999 (the "Agreement"). The parties
hereto agree that all of the terms and conditions set forth in the Agreement are in full force and effect and Incorporated heroin by
reference. The terms and conditions of the Agreement shall govern and control over any inconsistent terms or cond.tiom contained in
this Spectfk: Work Order except as to the scope of work to be performed and the foes for such work which are set forth herein and which
shall control. Capitalized terms used in this Specific Work Orderthal are not otherwise defined herein shall have the meanings es.ribed
to them in the Agreement.
Tne basic Service& are as follows,
PHASE I ENVIRONMENTAL AUDIT
1. Review of chain of ownership via chain of title search (site history).
2. Review of historical aerial photographs.
3. Review of regulatory agency files (if available at the DERM).
4. Review of Material Data Safety Sheets jMDSS).
5. Review of topographical maps for drainage and location of nearby canals, lakes; etc.
G. Review of prwr environments, audits or assessments.
7 Location of sits In rotation to wait field protection arose.
a. Location of site in rotation to reported negatively impacted facilities.
9. Determination of endangersd spades.
t0. Determination of regional groundwater flow.
1.1. Determination of regional geology and hydrogsoiogy,
12. Visual art* inspection and photographs.
13. IdentlNing Boor drains, stumps, septic tanks, etc.
14. Personal interviews.
IS. Preparation of report.
The scope of servicos includes the Items Identified in the MINIMUM REQUIREMENTS FOR PHASE I ENVIRONMENTAL AUDITS
as provided by this OCED. The scope of work does not Include the study of asbestos, radon gas, polychlorinated biphenyls
(PCBs), or (sad contents on pipes or paint.
ESA PROPOSAL No. 99 -P160A TOTAL: $1,400.00
REQUIRED RETAINER DUE UPON EXECUTION OF THIS AGREEMENT: $ T00.00
PROPERTY LOCATED AT: MURRAY PARK, 11700 SW 60 PLACE SOUTH MIAMI, FLORIDA
8390 NW 53RD STREET • SUITE 200 MIAMI, FL 33166
PHONE: (305) 599.1336 • 1- 800.334.2736 • FAX: 13051 599 -2139
�J r_ F4, -. 771 Ur �� 1 ♦ J ✓VJ
ESA PROPOSAL NO. WP /60A
EXHIBIT A
PAGE 2 OF 3
SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDER OR PURSUANT TO ANY SPECIFIC WORK ORDER IS NOT RECEIVED
BY THE CONSULTANT WITHIN THIRTY 130) DAYS AFTER ffS DUE DATE, A SERVICE CHARGE IN THE AMOUNT OF ONE AND
ONE-HALF PERCENT (1.5 %) OF THE UNPAID BALANCE WILL BECHARGEDTOTHE CLIENT (THE "SERVICE CHARGE "). THE
SERVICE CHARGE SMALL BE APPLIED MONTHLY AND THEN A PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED
TO ANY UNPAID BALANCE.
The Client hereby authorisee the Consultant to commenoe the work (oommencoment date) (spurred under this Soee.Nlc Work Order
in
IN WITNESS WHEREOF, the partlse have duty executed this SoWflo Wort Older as of the day and year first above written
"CLIENT"
ay �
Title {1
Date
"CONSULTANT"
ENVIRONMENTAL SITE ASSESSMENTS, INC..
a Florida Corporatlon
Mr. B. Rafael Sorbs
Pr"w4rit
Title
03/03199
Date
1WE4 S. A.
3ZI- 031 99 11 : 52 ESA, I P IC. • °052513791 Dad
PROU.SSIONAL SERVICES ACREEMFNT
THIS,ACPEEMFNT is ma(k: and entered into this day of , 1999 between
thereinafter "Client ") and Environmental Site Assessments, Inc, a Horida Corporation (hereinafter "Consultant").
WH'ER'EAS, the Ghent desires to engage the Consultant to perforin die services described in this Agreemeal And the
Consultant desires to perfonn such services upon the terms and conditions stated herein:
O: 11:52 ESA, INC. -+ 3052613791 004
PROFF.SS1f)NA1, SERVICES AGREE :.nFNf
77f ISAGREEMFNT is made and entered into this day of 1999 ixtween
(pert lfer "Client ") and E.nvirormemal Site Assessments. Il1C., a Florida C',orponation (hereinailcr " Consultant").
WHEREAS, the Client desires to engage the Consultant to perform rite services described in this Agreement and the
ConsWtant desires to perforn such services upon the terms and conditions stated herein;
NO1hVIVEREFORF, itt consideration of the mutual covenants and agreement► herein contained, the receipt and
adequacy of which are hereby mutually aclotowledged the parties, intending to be legally bound, do liereby agree as
iblio,ws'
pF QF SFRV1Ci S: Jhe Consultant shalt rrerlbrm aiui is hereby engaged to peribrm the 161 !owing basic
-ervices ( "Basic Services "),
:1.1 Ctrtttraetinp and/or subcontracting the services of any entity Consultant determines, in its sole
discretion, are necessary forthc full performance of Contractor's Etasic. Services to tite Client and to
otherwise carry out the purpose of this agreement;
1.2 Meeting whit tire appropriate governmental agencies, department(s), of ivision(s). or personnel at state
and /or locel level;
1.3 Such other basic Services as arc described in tiie Specific Work Order which hay been executed to
the Client and the Consultant. The Spccific Work Order shall be in the Torn attached hereto as Exhibit
A.
(onstriytant and Client may ag4ee to additional services to be provided by Consultant but, only by means of a writing
executed by both parties specificatlly ideutifving the additionai services and additional consideration for said additional
servx�m lire scope of Additional Services may be set forth in a G4nt►ge Order in the lorm attached hereto as Exhibit
A !T -"Change Or der ").
MVENSATION FOR SERVICES: EXPENSES
2.1 Service Fees As compensation hu the delisery by the Consultant of the Sasic Services, the Client
$flail pay Ate Consultant the fee-, in the antotints and upon the terms set forth in the Specific Work
()rder attadled hereto m Fxhibit A and trade a put hcrcof and incorporated herein as a rnaeteriat term
of this Agreement. Ftes fur work winch is ordered subsequent totltedate of the Professional Services
Agreement 111111 be as specified in the Specific Work Corder which is executed in conjunction with
?be Professional Services Agreement, or in relation to future work, plus 1•teimbursable Expenses
pursuant to Section 2.2
T.2 Reim_bu Expenses attributzble to the performance of the Basic Services shall be
charged tt) the Client in addition to the fees spccifrcd herein. Reimhursdble expenses shall include,
without limitation, the following: (a) costs to acquire pernilt„ approvals and easements that the
Consultant is required to obtain under taw; (b) loe;al, ,-�U:c, and federal government taxes levied against
fileCersultant, itstrnnloy"-s and its suhcor,tractrrrs ut respect oftfrc performance of the Services, if
an }', (c) tilt WV of Inniaance of any kind. if anv is r °.;aired fo- the work performed by consultant;
and (d) travel (including (i) airfare, taxis and autorlobile rerlW1. (it) mileage charges, tolls and
parking, arc (iii) rne,ifs and lodging). 'These expenses shall also inLiudu, without liritation, the fees
payable ro any entity contracted or subcontr:+ctca b -� Crnsultar,t it tl1r. perlurmanrc of the liwiic
03/03/99 11:52 ESA, INC. 4 3052613791 P05
against the Consultant, its employecs and its subcontractors in respect of the performance of the
Services, if any; (c) th4 cost of Insurance of any kind, if any is required for the work performed by
consultant; ano (d) ravel (including (i) airfare, taxis and autoinobile rental, 00 mileage charges, tolls
and pm-king, and (iii) meals and lodging). These expenses shall also include, without limitation, the
foes payable to any entity contracted or subcontracted by Consultant in the performance of the Basic
Service. Client shall pay these expenses upon Consultant presentment of notice and /or invoice that
these expenses Must be paid. It is not condition precedent to the payment of these expenses that
Consultant has already paid these expense on behalf of Client. Consultant shall assume no
responsibility nor shall Consultant beheld liable for any delay(s) and damages attributable to said
cielays in any services performed be Consultant when a delay is uccasioned or caused by Client's
nonpayment or untimelypayinent of any expenses or fees covered be Section 2.: of the Agreement.
3. METHOD OF AYm Nre SERVICE CHARGE FOUR L= PAYMF'NT
3.1 Met . of N -orem. Simultaneously with the execution of this agreement, Client shall pay the
Consultant the retainer fee shown on the Specif c Work Order.. attached hereto as Exhibit A, and shall
further pay on a timely basis, time begin of essence, all the fees due to the Consultant its shown on
the Specific Work Order and likewise pay upon demand the expenses indicated in Section 2.2.
3.2 Invoices, Any fees due under this Agreement and fees due pursuant to Specific Work Orders shall
be due and payable upon receipt of the invoice. All sums hereunder shall be duc and payable at
Consultant's business office located in Dade County, Florida,
3.3 Service Char If any payment due hereunder or pursuant to any Specific Work Order is not
received by the Consultant within thirty (alt) days after its due date, a service charge in the amount
of one and one -half percent (1.5 %) ofthe unpaid balance will be changed to else Clio,-III ( the " Service
Charge:' ;. The Service Charge shall be applied monthly and then a previously unpaid Service Charge
will be added to any unpaid balance.
The Cl cnt shall provide the Consultant and any agents, representatives, or contractors required by Consultant
with such access to the Client's property as is reasonably nceessnry to perform the Basic Services. including,
without limitation, Ingress, egress and excavation.
I NDF,MNiFIC'ATbvN
S.1 TSD Permit. The Client will assume ail responsibility pursuant to the required Florida Department
o' Ertvironnien.a Protection (FDEP) Hazardous Waste Facility (TSD) Permit. The Client shall
incenmif}• and hold consultant harmless from and against ary and all damages and liabilities arising
dircetly from the n,gligcnt (intentional or unintentional) omission of this TSD permit process.
5.11 Indemni� The Client shall indentnif , /lid hold ccntsultantharmless fiom and against any and
all darnnges 4nc liiibilities arising directly from the neg;igent, reckless or intentional ,cis or omissions
of the Cfi�n ;, its employees, agents, and subcontractors.
A eats S, Llcoeitrecto"s The Client sha!I not hold Cer.suIta'It II�tile for any damage :oss or IiabiIity
artsmg from attributable to and/or caused by any act or omission of any agent or subcontractor
retained I-%, CoDSnlililt oil behalf Of file Ilellt and /or pursuant to Ois Agreement, The Client shall
33/ea -99 11:53 ESA, INC. -* 3052613791 IP06
look only to and hold said agent(s) or subcontractor(s) directly liable for any and all damages,
liabilities and /or loss caused, attributable and /or occasioned by any act or om ission of side agent (s)
or subcontractor(%). Consultant shall, however, be liable for any and all negligent acts or omissions
of it% employee(s), officer(s), and director(s). Client shall be solely and exclusively liable for any and
all fees, casts and charges due or owing to any agent subcontractor, or entity retained by consultant
to perform any labor, furnish material or services pursuant to this Agreement. Client shall hold
Consultant harmless and defend Consultant from any and all lawsuits tiled by any subcontractor or
agent retained by Consultant involving the collection of any monies due or owing to subcontractor
of agent of services, labor or material furnished pursuant to this Agreement.
lu • • •
6.1 Consultant's ),ja,ility limited to Greater of $30.000 or Fees The parties acknowledge that damages
resulting form the breach by the Consultant o, this Agreement, or resulting from design defect, error,
negligent act and/or omission by the Consultant, its employees or agents, may be in calculable and
of an uncertain nature. The Consultant's liability for all actions, suits, debts, dues, sums of Money,
accounts, reckoning, bonds, bills, covenants, contracts, controversies; agreements, promises,
variances. trespass, datrrages, judgement, executions, claims and demands whatsoever, in law or
equity, including, without limitation, legal fees and costs which may arise as a r�suit of a breach of
this Agreement by the Consultant, its employees, or the negligent act, omission or error by the
Consultant, its employees, shall be limited to the greater of (i) Thirty Thousand Dollars ($30,000.00)
or (ii) the total amount of fees due to the Consultant under this Agreement and any specific week
order which is simultaneously executed with this Agreement.
e. TIME FOR PE QRMANCE TERM
7.1 Performanc ; of the services The Consultant shall commence performance of the l3z:sic Services upon
the payment of the aforesaid retainer and the clearance of said fundx ( " Cominencentent Date " ),
subsequent to being provided by Client, at Client's expense, with any neces"ry surveys, title
documentation or other field information which is reasonably required by Consultant t,> perforin the
Basic Services hereunder.
a. ChIEN'CS ASSiSTANCE TO CONSULTANT.
8 1 Title• the Client shall, prior to commencement of the Basic Services, provide Consultant with
reasonable evidence of Client's title to the property which is the subject of the Basic Services. The
property subject to this Agreement, the client's interest therein as of the date of the request, and any
changes in the legal title since the date of the last request, Whether or not the Client pro,.ides
Consultant with evidence of title. Client represents and warrants to Consultant that the Client has the
right and autboiity to contract with Consultant for the Services to be performed hereunder.
3.2 Annroval and Eas menu Tile Client, at its sole cost , shall secure and provide the Consultanr with
information which is in the Client's control which may be useful and necessary to the Consultant in
Performing the Basic Services, or airy other services of third parties including, without limitation,
surveys, title reports. drawings and undergmuna casement and clearances for underground utility lines.
UNDFRGROt;tyn LTI
jTIES AND IMPROVEMENTS
9.1 De!'niti °'t;- Underground Utilities " as used in this agreement shall be detineu as all municipal,
govcrnniera, or public service company uliLty lines, including, without limriati.,,,, water pipes, sewer
03%03/99 11:54 ESA, INC. i 3052613791 1707
Pipes, gas pipes, telephone cables, power cable, and "I'V cables. " Underground Improvements " as
in this Agreement shall be defined as all underground improvements other than Underground utilities,
including, without limitation, underground tanks, process piping,, communication cables, compressed
air piping, water piping , and sewer piping.
9.2 Clearance The Consultant shall obtain underground clearance from the appropriate agencies for
Underground Utilities. Prior to commencement of work by Consultant, the Client shall provide the
Consultant with plans containing the details and locations of Underground improvements. The
Consultant shall perform the Basic Service in accordance with such clearances and plans, The
Consultant shall relay on the accuracy of such clearances and plans and shall have no duty to
independently inspect or inquire as to the accuracy of' such clearances and plans, If no plans or
survey arc provided by Client to Consultant and underground utility lines or otter improvements
are not apparent or readily visible froth a surface visual inspection of the subject property, then
Client is deemed :O be representing to Consultant that Underground Utilities and Underground
improvements do not exist.
9._ Indetnnifiication by Client, The acknowledges that it is in it better position to know of the location
and types of Underground Utilities and Urderground improvements. The Client acknowledges that,
because the Consultant does not know of the exact location and type of Underground Utilities or
Underground Improvements, such Underground Utilities or underground improvements may be
damaged during the course of performing the Services. The Client shall indemnify and hold harmless
the Consultant from and against any claims, damages, obligations, and liabilities whatsoever,
including, without limitation, legal fee and costs, which may arise as a result of any damage to
Underground Utilities and Underground improvements which arc not accurately or adequately
disclosed in the clearances or plans obtained by the Consultant pursuant to this Agreement.
10. MISCELLANEOUS
10.1 d� Either party may, after giving thtrry days written notice to the other party , assign
this Agreement upon the prior written consent frorn the non - assigned party, winch consent shall not
be reasonable withheld/
i4.2 Choice of JA: Waiver of Jun, Trial "11iis Agreement shall be governed and construed in
accordance with the laws of the State of Florida Venue for any action brought under this Agreement
shall be in the Eleventh Judicial Circuit in and for Dade County, Florida. TO ENCOURAGE
PROi`'fPT AND BOUiTABLE RESOLUTION OF ANY LITIGATION THAT MAY ARISE UNDER
THIS AGREEMENT', THE PARTIES HERE13Y WAIVE ANY RiGHTS THAT EITHER PARTY
MAY HAVE TO A TRiAL BY JURY OF ANY SUCH LITIGATION.
?0.3 Attorttey's Fee. Cosh in any suit, action; or proceeding arising out of or in connection with
t
this Agreeent, die prevailing parry shall be entitled to an award of attorney's fees and costs, including
attorney's fees and costs on appeal
:0.4 Scvrr_ abiV if anv teen or provision of this Agreement or the Application thereof to any
person or circtnnstances shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement shall be enforced to the fullest extent permitted by law. Moreover. ifs court of competent
jurisdiction deems any provision hereof to bo text broad in time, scope or area, it is expressly ngrced
that such provision shall be enforced tc a lesser degree which the court of competent jurisdiction
would FIN() enforceable,
I Q.S hl.C• t)ollnrc All references to dollans in this Agreement refer to the United Stated Dollars.
10.6 R;yhts under this Aureeinevt This Agreement shall hind and incurs to the benefit of the parities,
03/03,'99 11:54 ESA, INC. 4 3052613791 D0®
nothing contained in this Agreement is intended to confer upon any person, other than the lrarties to
this Agreement, any rights, remedies, obligations or liabilities under or by reason oPthis Agreement.
10 7 Captions. Tlie section headings contained in thib Agreement are for reference and convenience only,
and shall not affect the construction of any provision of this Agreement.
10.8 Counte parts, This Agreement may be executed in any numbet of counterparts, each of which shall
be deemed an original, by all of which together shall constitute one and the same instrument.
10.9 !sill Agreement. This Agreement contains the parties full agreement, understanding and terms on
subject matter herein and accordingly this Agreement cannot be modified, altered clanged or any
tcmis varied or waived, unless done in a writing signed by the Client and Consultant.
IN WITNCSS WHEREOF, the parties have duly executed this Agreement as of the day and year first Above written,
" CLIENT"
DATE:
"CONSULTANT"
ENVIRONMENTAL SITE ASSESSMENTS, INC.
a Florida Corporation
BY:
VIRC31NIA WALSH
TITLL' SE QGIST
DATE:
CITY OF SOUTH MIAMI
To: Mayor and Commission Date: March 16, 1999
,a
From: Charles Scurr Agenda Item #
City Manager 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
$10,170.50. The accounts are summarized below:
Account
Consulting — Real Property /Foreclosure
Account # 1500 -3435
Professional Services -
Account # 608- 1910 -521 -3100
Legal Services Non Retainer
Account # 1500 -3410
A detailed Billing Statement is attached.
Approval is recommended.
This Invoice Account Balance
$ 450.00 $ 7,290.59
$ 835.50 $ 2,130.00
$ 8,885.00 $15,518.72
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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 $10,170.50 CHARGING $450.00 TO ACCOUNT NO.
1500 -3435, CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING
$835.50 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES
AND, CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -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 Janaury 31, 1999, in the amount of $10,170.50;
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 $10,170.50, are approved for payment and $450.00 shall be
charged to Account No. 1500 -3435, Consulting -Real Property /Foreclosure; Charging $835.50 to
Account No. 608 - 1910 -521 -3100, Professional Services; and the remainder to Account No. 1500-
3410; Legal Services Non Retainer.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of March, 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
NAGIN GALLOP FIGUEREDOVA,
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
February 17, 1999
Mr. Charles D. Scurr, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Mr. Scurr:
We are pleased to advise that, beginning next month, we are implementing a new billing
procedure to simplify charges for specific in -house client costs.
Unless you direct otherwise, we no longer will bill each month for courier charges,
routine overnight courier, long distance phone calls, photocopies, postage, facsimiles, and
overtime word processing fees for after -hours work. Instead, we will charge a flat rate of 3% of
the total hourly billing for fees to cover the charges. For example, if your total hourly bill for a
particular month is $3,000, you will be charged $90 to cover our in -house client costs in lieu of
billing you for each itemized cost.
We will continue to bill monthly for certain costs that we incur on your behalf with
outside vendors, such as deposition transcript fees, court reporter attendance fees, court filing
fees, process service fees, mediation fees, travel and lodging, and third -party computerized
database legal research (e.g., "Lexis "). Also; attorneys' fees will continue to be billed per our
existing arrangement.
We believe you will find this new arrangement beneficial and more efficient. It encourages
us to be more efficient and reduces the time expended by your and our administrative staffs. If you
still would prefer to be billed for each itemized in -house client cost, please let us know as soon as
possible, but before we implement the changeover; otherwise, your next bill will reflect the new
procedure.
We will review periodically the impact of this change, and if over time this method should
result in a charge for costs that is not commensurate with the actual costs incurred, we will notify
you promptly to discuss changing this procedure.
We thank you for the opportunity to represent you in your legal and business affairs, and we
appreciate the confidence you have in us.
Very truly s,
.'
arl G. Gallop
cc: Mayor and City Commission
NAGIN GALLOPFIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
February 22, 1999
Mr. Charles D. Scurr, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: STATEMENT 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 January 31, 1999, in the amount of $10,170.50. I tabulated the
amounts due on each individual file as follows:
0022 -003 Lien Foreclosures Prof l Services $ 450.00
Disbursements
0
Total Due
$
450.00
0022 -021
Forfeiture:
Prof 1 Services
$
30.00
1991 Acura Legend
Disbursements
0
Total Due
$
30.00
0022 -022
Forfeiture:
Prof 1 Services
$
0
1998 Ford Mustang
Disbursements
0
Total Due
$
0
0022 -023
Parking Garage
Prof 1 Services
$
7,070.00
Contract
Disbursements
0
Total Due
$
7,070.00
0022 -025
CSM v. IDAS
Prof 1 Services
$
600.00
Contract
Disbursements
0
Total Due
$
600.00
0022 -026
Colsky v. Code Enforcement
Prof 1 Services
$
450.00
Disbursements
0
Total Due
$
450.00
Charles D. Scurr, City Manager
February 22, 1999
Paget
0022 -027 Bruce v. Code Enforcement
Contract
0022 -028 Forfeiture of $4,250
Prof 1 Services
$
765.00
Disbursements
0
Total Due
$
765.00
Prof 1 Services
$
637.50
Disbursements
168.00
Total Due
$
805.50
CURRENT TOTAL DUE $ 109170.50
Do not hesitate to call me if you have any questions regarding these statements.
Very truly yours,
Earl G. Gallop
Cc: Mayor and city commission
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr February 1, 1999
Matter ID: 0022 -003
City Manager
Foreclosures
City of South Miami
6130 Sunset Drive Statement No. 3013
South Miami, Florida 33143
Total Professional Services 450.00
Rate Summary
Eve A. Boutsis 3.00 hours at $150.00 /hr 450.00
Total hours: 3.00
Payments
1/22/1999 Payment 2,604.61
Sub -total Payments: 2,604.61
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
1/5/1999
EAB Jericho v. City of South Miami: Analysis of file and telephone
0.50 75.00
conference with Mr. Zack, counsel for Jericho, regarding possible
agreed order to our motion to dismiss complaint; reviewed and
responded to Mr. Zack's correspondence regarding an agreed order
to dismiss
1119/1999
EAB Davis Gardens: review and analysis of Davis Gardens file and
1.00 150.00
service of process; prepared motion for default against four
out -of -state defendants who were originally "served" by publication;
review of Davis Gardens, Ltd's Motion to consolidate /transfer action
1/19/1999
EAB Marshall Williamson: review and analysis of documents retrieved
0.50 75.00
from courthouse re: probate file of Naomi Williamson
1/21/1999
EAB Davis Gardens: Legal research on procedures and law on default
1.00 150.00
motions to be entered by judge, due to service by publication
Total Professional Services 450.00
Rate Summary
Eve A. Boutsis 3.00 hours at $150.00 /hr 450.00
Total hours: 3.00
Payments
1/22/1999 Payment 2,604.61
Sub -total Payments: 2,604.61
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -003 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
450.00
0.00
450.00
4,299.88
2,604.61
2,145.27
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 PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
February 1, 1999
Matter ID: 0022 -021
Forfeiture: 1991 Acura Legend
Statement No. 3014
Hours Amount
1/6/1999 EAB Telephone conference with opposing counsel regarding status of 0.30 30.00
forfeiture action. I informed Mr. Gordon that the forfeiture action was
closed and that the vehicle was now titled to the City
Rate Summary
Eve A. Boutsis
Payments
1/22/1999 Payment
Total Professional Services 30.00
0.30 hours at $100.00 /hr 30.00
Total hours: 0.30
370.00
Sub -total Payments: 370.00
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 PRIVILEGE
Matter ID: 0022 -021 Page: 2
For Professional Services 30.00
For Disbursements Incurred 0.00
Current Balance: 30.00
Previous Balance: 662.11
Payments - Thank you 370.00
Total Due 322.11
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.
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
February 1, 1999
Matter ID: 0022 -023
Parking garage contract
Statement No. 3015
Hours Amount
1/4/1999 LRF Telephone conference with Charles Scurr regarding Mr. Elia's 0.80 140.00
request that City conduct an environmental audit on the subject
property. Reviewed and revised Mr. Scurr's proposed letter to SPG.
Telephone conference with Mr. Scurr and Mr. Gallop.
1/5/1999 LRF
Telephone conference with Diana Gonzalez. Followed up on
0.50 87.50
specific requirements contained in original RFP,
1/6/1999 LRF
Telephone conference with Diana Gonzalez. Conference with Mr.
0.40 70.00
Gallop.
1/8/1999 LRF
Telephone conference with Diana Gonzalez. Telephone conference
0.50 87.50
with Charles Scurr and Mr. Gallop.
1/11/1999 LRF
Telephone conference with Diana Gonzalez.
0.30 52.50
1/12/1999 LRF
Telephone conference with Diana Gonzalez. Reviewed City Charter.
3.00 525.00
attended meeting at South Miami with Mr. Scurr, Mr. Gallop, Mr.
Elias and Mr. Thompson.
1/12/1999 EGG
Attended meeting with Messieurs Scurr, Figueredo, Alias and
2.00 350.00
Thompson regarding negotiations on parking garage project
1/13/1999 EAB
Legal research on definitions of management agreements, service
1.50 225.00
agreements and right of use in relation to contracts with a
municipality
1/13/1999 LRF
Research "franchise" and "management agreements" for purposes
3.00 525.00
of determining whether they constitute "use" under the City charter.
Telephone "conferences with Diana Gonzalez. Worked on
alternatives to 30 year lease. Attended meeting at South Miami to
discuss alternatives.
1/1411999 EAB Legal research on issue of what is a service and what is a use, for 3.00 450.00
the purposes of a management agreement to run the parking
garage
1/15/1999 LRF Prepared and revised proposal for garage lease. Telephone 3.00 525.00
conferences with Diana Gonzalez, Mitch Friedman and Charles
Scurr. Prepared financial projections for garage project.
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 PRIVILEGE
Matter ID: 0022 -023 Page: 2
1/19/1999 LRF
Conference with Mr. Gallop. Review and revise financial projections.
1.50 262.50
Telephone conferences with Mitch Friedman and Diana Gonzalez.
Telephone conference with Mr.Scurr and Mr. Gallop regarding
financial feasibility of thirty year term.
1/20/1999 LRF
Review financial projections. Review Elia's counter - proposal.
1.90 332.50
Conference with Mr. Gallop regarding same. Telephone
conferences with Mitch Friedman and Diana Gonzalez.
1/21/1999 LRF
Conference with Mr. Gallop. Telephone conference with Diana and
2.00 350.00
Mitch regarding financial projections. Telephone conference with
Mr. Gallop and Mr. Scurr regarding preparation of a response to
counter offer. Finalized response.
1/22/1999 LRF
Conference with Mr. Gallop. Review response from SPG's
0.50 87.50
attorneys.
1/25/1999 LRF
Prepared responses to Richard Razook. Reviewed SPG addendum
1.50 262.50
to counter- proposal. Conference with Mr. Gallop. Telephone
conference with Diana Gonzalez. Prepared letter to Mr. Elias for Mr
Scurr's signature.
1/26/1999 LRF
Prepared response for Mr. Scurr. Telephone conference with Diana
1.00 175.00
Gonzalez. Telephone conference with Ralph Perez.
1/27/1999 LRF
Telephone conference with Mitch Friedman. Telephone conference
1.30 227.50
with Ralph Perez. prepared letter to Mr. Perez requesting financial
information prior to January 29th meeting. Conference with Mr.
Gallop concerning options available for arriving at an agreement
with SPG
1/28/1999 EAB
Legal research on issue of whether a municipality can waive its
2.50 375.00
sovereign power of eminent domain
1/28/1999 LRF
Telephone conferences with Diana Gonzalez and SPG's counsel.
1.00 175.00
Conference with Mr. Gallop.
1/29/1999 LRF
Prepared for and attended meetings with Mr. Scurr, Mr. Gallop and
5.00 875.00
SPG. Attended meeting with Mr. Gallop and Chicago Title
representative.
1/29/1999 EGG
Prepared for and attended negotiations with representatives of SPG
4.00 700.00
Phase I on parking garage contract
1/29/1999 EGG
Prepared for and attended meeting with representatives of SPG
1.20 210.00
Phase I and Chicago Title Insurance Co. regardiing easement issue
Total Professional Services 7,070.00
Rate Summary
Eve A. Boutsis 7.00 hours at $150.00 /hr 1,050.00
Luis R. Figueredo 27.20 hours at $175.00/hr 4,760.00
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.
Payments
1/22/1999
Earl G. Gallop
Payment
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -023 Page: 3
7.20 hours at $175.00/hr 1,260.00
Total hours: 41.40
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
2,835.00
Sub -total Payments: 2,835.00
7,070.00
0.00
7,070.00
6,457.50
2,835.00
Total Due 10,692.50
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 PRIVILEGE
NAGIN GALLOP FIGUEREDOP. A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
February 1, 1999
Charles D. Scurr
Matter ID: 0022 -025
City Manager
CSM v. IDAS
City of South Miami
6130 Sunset Drive
Statement No. 3016
City of South Miami, FL 33143
Hours
Amount
1/4/1999 JBM
Prepare memorandum regarding response to HTE's letter rejecting 1.50
225.00
our suggestion of "free' assistance, and counterproposing to
provide "free" software.
1/15/1999 JBM
Reviewed memorandum to the City regarding retaining Nu 1.00
150.00
Computers; attention to resolution of dispute with IDAS.
1/20/1999 JBM
Prepared for and attended meeting regarding IDAS and HTE vendor 1.50
225.00
disputes.
Total Professional Services
600.00
Rate Summary
Jeffrey B. Mallory
Payments
1/22/1999 Payment
4.00 hours at $150.00 /hr 600.00
Total hours: 4.00
713.54
Sub -total Payments: 713.54
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.5% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
Matter ID: 0022 -025 Page: 2
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
0 II
600.00
1,032.07
713.54
918.53
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 PRIVILEGE
NAGIN GALLOP FI GUEREDOPA.
Attorneys & Counselors
Telephone: (305) 854 -5353
Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Facsimile: (305) 854 -5351
February 1, 1999
Matter ID: 0022 -026
Colsky v. Code Enforcement
Statement No. 3019
Hours Amount
1/19/1999 EAB Research on issue of of whether a board can enter an amended 0.50 75.00
order after the 30 -day period in which a part can appeal the original
order, and if an appeal is filed, does the lower tribunal lose the
power to file an amendment
1/20/1999 EAB Prepared motion to dismiss appeal 2.50 375.00
Total Professional Services 450.00
Rate Summary
Eve A. Boutsis
3.00 hours at $150.00 /hr
Total hours: 3.00
450.00
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 PRIVILEGE
Matter ID: 0022 -026 Page: 2
For Professional Services 450.00
For Disbursements incurred 0.00
Current Balance:
450.00
Previous Balance: 642.00
Payments - Thank you 0.00
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
1,092.00
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 PRIVILEGE
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
February 1, 1999
Charles D. Scurr
Matter ID: 0022 -027
City Manager
Bruce v. Code Enforcement
City of South Miami
6130 Sunset Drive
Statement No. 3020
City of South Miami, FL 33143
Hours
Amount
1/6/1999 EAB
Legal research on the Code Enforcement Board's capacity to be 1.30
195.00
sued
1/12/1999 EAB
Legal research on availability of review of board's actions by appeal 2.00
300.00
or by certiorari and standard of review
1/21/1999 EAB
Analysis of prior proceedings and revised motion to dismiss to 1.50
225.00
incorporate facts into the motion
1127/1999 EAB
Prepared correspondence to clerk of City regarding index of lower 0.30
45.00
tribunal record
Total Professional Services
765.00
Rate Summary
Eve A. Boutsis 5.10 hours at $150.00 /hr 765.00
Total hours: 5.10
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 PRIVILEGE
Matter ID: 0022 -027 Page: 2
For Professional Services 765.00
For Disbursements Incurred 0.00
Current Balance: 765.00
Previous Balance: 87.50
Payments Thank you 0.00
Total Due 852.50
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 PRIVILEGE
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Charles D. Scurr February 1, 1999
Matter ID: 0022 -028
City Manager In re forfeiture of $4,250
City of South Miami
6130 Sunset Drive Statement No. 3021
City of South Miami, FL 33143
Rate Summary
Eve A. Boutsis 5.50 hours at $100.00 /hr 550.00
Earl G. Gallop 0.50 hours at $175.00/hr 87.50
Expenses
Total hours: 6.00
Filing fee 168.00
Sub - total Expenses: 168.00
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
1/19/1999 EAB Telephone conference with Capt.Greg Feldman; analyzed police
1.50
150.00
report; prepared notice of seizure and right to an adversarial
preliminary hearing; analysis of statutes and case law in
preparation for compliance with statutory filing -time requirements
1/19/1999 EGG Open file; review documents; instructions to work attorney
0.50
87.50
1/26/1999 EAB Prepared memorandum of law on existence of probable cause to
4.00
400.00
seize and forfeit money
Total Professional Services
637.50
Rate Summary
Eve A. Boutsis 5.50 hours at $100.00 /hr 550.00
Earl G. Gallop 0.50 hours at $175.00/hr 87.50
Expenses
Total hours: 6.00
Filing fee 168.00
Sub - total Expenses: 168.00
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 PRIVILEGE
Matter ID: 0022 -028 Page: 2
For Professional Services 637.50
For Disbursements Incurred 168.00
Current Balance:
805.50
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 805.50
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.
CITYOF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and Commission DATE: March 16, 1999
Agenda Item #
Charles D. Scurr RE: A
FROM: g
City Manager Commission Meeting
Open Purchase Order for Mobile
Customizing, Inc. and
AmeriLumber, Inc. — Public Works
Department services and supplies
REQUEST
The attached resolution seeks the approval of an open purchase order (PO) for Mobile
Customizing, Inc. for the provision of paint and body work and an increase in the existing
PO for AmeriLumber Hardware and Building Material, Inc. for building supplies and
materials.
BACKGROUND AND ANALYSIS
Mobile Customizing Inc.
This vendor provides vehicle paint and body work for the City's fleet. The shop
delivers quality and prompt service at very competitive prices. Mobile has
consistently presented the lowest price quotes for automotive paint and body work
(see attached). Funds for the PO will come from account no. 1760 -519 -4680,
"Equipment Maintenance — Outside Labor ". The balance of the account will be
$17,442. 00 after this deduction.
AmeriLumber Hardware & Building Material, Inc.
AmeriLumber was competitively awarded an open PO in October 1998. Due to
unforeseen expenditures (much of it associated with the downtown revitalization
efforts), the original $2,500 amount is almost fully depleted. A current balance of
$181.00 remains. The PO amount needs to be increased by $3,000 to cover the
projected supply needs for the remainder of fiscal 1998 -99. The funding is
available in account no. 1710 -519 -4670, "Building Maintenance — Maintenance
and Repairs of Grounds and Structures". The balance of the account will be
$27, 000.00 after funding the PO.
Approval of the Mobile Customizing open PO and the extension of the existing
PO with AmeriLumber will ensure the continuation of Public Works' cost
effectiveness and the high quality service delivery.
RECOMMENDATION
Approval is recommended.
Attachments.
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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 ISSUE AN OPEN PURCHASE ORDER FOR
$ 3,000.00 TO MOBILE CUSTOMIZING, INC. FOR VEHICLE
PAINT AND BODY WORK AND TO EXTEND AN EXISTING
OPEN PURCHASE ORDER TO AMERILUMBER INC. AND
ALLOCATING THE FISCAL YEAR CHARGES TO THE
APPROPRIATE PUBLIC WORKS ACCOUNT NUMBERS.
WHEREAS, as part of its centralized purchasing procedures, the City
Administration has implemented an open purchase order system to facilitate acquisition
of goods and or services, and;
WHEREAS, a vendor that consistently offers competitive pricing along with
high quality vehicle paint and body work has been identified for issuance of an open
purchase order for the remainder of the 1998 -99 fiscal year, and;
WHEREAS, an existing open purchase order for a building supplies vendor
needs to be expanded to cover expenses for the remainder of the fiscal year.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY
COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA that
Section 1. The City Manager is hereby authorized to: (1) issue an open purchase
order for 1998 -1999 fiscal year to Mobile Customizing Incorporated for the amount of
$3,000.00 to be charged to account no. 1760 -519 -4680 "Equipment Maintenance,
Outside Labor "; (2) extend the existing open purchase order issued to AmeriLumber, Inc.
by $3,000.00 — account no.` 1710 -519 -4670, "Maintenance and Repair of Grounds and
Structures" to cover expenses projected for the remainder of the fiscal year.
Section 2. This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this 16'h day March of 1999
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/12/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 3/16/99
City Manager Controlling Handguns
The attached resolution sponsored by Commissioner Horace G. Feliu
expresses support for litigation by Miami -Dade County against manufacturers of
firearms that produce defectively designed products that do not incorporate
safety features to prevent unauthorized users from firing a weapon.
On January 27, 1999, Mayor Alex Penelas announced that Miami -Dade County
filed a lawsuit on behalf of the residents of Miami -Dade, suing 27 gun makers (1)
to compel them to design safer, childproof guns; and (2) to recover the
damages from gun violence, such as the cost of treating victims at public
hospitals and the expenses of conducting lengthy criminal investigations.
V V,s
OFFICE OF THE MAYOR
MLAMY -DADS COUNnrp FLOPIDA
ALEX PENELAS
MAYUR
FOR IMMEDIATE RELEASE MEDIA CONTACT:
January 27th, 1999 Juan Mendieta
(305) 375 -1545
MAYOR ALEX PENELAS FILES LAWSUIT
AGAINST UN INDUS RY
Center to Prevent Handgun Violence to serve as Co- Counsel
(Miami, Florida) — Mayor Alex Penelas fled a lawsuit against the gun industry on
Wednesday, January 27`h, 1999 at the Miami -Dade County Courthouse. This legal action is aimed
at compelling gun manufacturers to'design safer, childproof guns. The lawsuit is also being filed to
attempt to recover the damages from gun violence, such as the cost of treating victims at the
County's public hospital and the expenses of conducting lengthy criminal investigations. Miami -
Dade's lawsuit is the second lawsuit brought by a local government against the gun industry
alleging negligent product design.
The Board of County Commissioners overwhelmingly authorized Mayor Penelas to file this
lawsuit on behalf of Miami -Dade County on Thursday, January 21 `'t, 1999, by a vote of 12 —1.
"Every gun death or injury in our community is not only tragic, but also comes with a bill
paid largely by local taxpayers," said Mayor Penelas. "It's time to send the bill to the gun industry
that clearly favors profits over public safety. And it's also time to make gun manufacturers design
safer guns so that kids don't continue getting hurt."
In the last three years alone, Miami -Dade has experienced 1,079 gun deaths, in which 109
of the victims were 19 years of age and under. The Florida Department of Health estimates that the
costs of medical, legal, administrative and Lifetime productivity losses from the deaths of people
under the age of 25, alone, exceed $129 million. This estimate does not include the cost of gun
injuries and accidents that do not result in death.
"it is absurd that guns are not required to be childproofed or have something as simple as a
load indicator or safety lock built into their design," said Mayor Penelas. "It's clear that legal action
is the only way to change the gun industry's irresponsible behavior"
County Attorneys, family and friends of gun violence vk ;tims, and gun safety advocates
joined Mayor Penelas as he filed the lawsuit in room 137 of the County Courthouse. He also
displayed several guns lacking child safety features that were confiscated from children in Miami -
Dade County.
"Gun manufacturers boast proudly how technology has made their products even deadlier.
Yet, they have been unwilling to make even minor changes to protect the innocent," said Mayor
Penelas. "As a result, their products continue to end the lives, hopes and dreams of too many
young people."
"Why should the innocent citizens of Miami -Dade County or any other community, bear the
costs of gun violence while the gun industry pays nothing ?" said Dennis Henigan, the Director of
the Legal Action Project from the Center to Prevent Handgun Violence. "Mayor Penelas, today, has
filed a lawsuit to save lives."
5TEPHEN P. CLARK CENTER, I 11 N.W. FIRST STREET, SUITE 2910, MIAMI, FLORIDA 33128 -1994 -13051375-5071 FAX 1305) 375 -3618
I RESOLUTION NO,
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 CONTROLLING HANDGUNS; EXPRESSING SUPPORT FOR
6 LITIGATION BY MIAMI -DARE COUNTY AGAINST
7 MANUFACTURERS OF FIREARMS THAT PRODUCE
S DEFECTIVELY DESIGNED PRODUCTS THAT DO NOT
9 INCORPORATE SAFETY FEATURES TO PREVENT
10 UNAUTHORIZED USERS FROM FIRING A. WEAPON;
11 URGING THE FLORIDA LFGISI.,ATURE TO REJECT
12 PROPOSED LEGISLATION TO MAKE IT A THIRD- DEGREE
13 FOR LOCAL GOVERNMENT 'OFFICIALS TO INITIATE A
14 CIVIL ACTION AGAINST MANUFACTURERS AND DEALERS
15 OF FIREARMS AND AMMUNITION AND TO SUPPORT THE
16 RIGHT OF LOCAL GOVERNMENTS EVERYWHERE TO
17 BRING LEGAL, ACTION AGAINST MANUFACTURERS AND
19 RETAILERS OF DEFECTIVE FIREARM'S ON BEHALF OF THE
19 HEALTH, SAFETY AND WELFARE OF THE PUBLIC;
20 PROVIDING AN EFFECTIVE DATE
21
22
23 WHEREAS, on January 27, 1999, Mayor Alex Penelas announced that
24 Miami -Dade County filed a lawsuit on 'behalf of the residents of Miami-Dade
25 County, suing 27 gun inakers (1) to compel them to design safer, childproof guns;
26 and (2) to recover the damages from gun violence, such as the Cost of treating
27 victims at Public hospitals and the expenses of conducting lengthy criminal
28 investigations [App. I.]; and,
29
30 WHEREAS, S.B. 1586 and II..B.s 865 and 937 were filed in the Florida.
31 Legislature to protect gun manufacturers and dealers by (1) making it a, third -
32 degree felony for an officer of a county, municipality, town, special purpose
33 district, or any other political subdivision of the state to bring suit against firearm
34 and ammunition manufacturers and deafen; and (2) limiting the power of local
35 goveniynent to act in pavers patptae to protect the health, safety, and welfare of the
36 public by bringing legal actions against firearm and ammunition manufacturers
37 and dcalc.rs; and.,
38
39 WHEREAS, the Mayor and City Commission believe it is in the great
40 public interest to support the county's lawsuit against the firearm manufacturers,
41 as the intent of the lawsuit is to protect the health, safety anal, welfare of the
42 residents of Miami -made County.
Additions shown by underlining and deletions shown by r4rikin .
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G
r.�
NOW THEREFORE BE IT RESOLVED BY 'THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Support the lawsuit filed by Miarni -Dade County against
firearm manufacturers for failing to design safer, childproof guns which has
linanc:ially burdened .Miami -Dade County residents due to the investigation of
incidents involving firearm use and medical treatment of firearm victims;
Section 2. Voices its opposition to proposed legislation before the
Florida Legislature that would, if passed, restrict a local government's attempts to
protect the health, safety and welfare of its residents by prohibiting theill from
filing suit against firewin and ammunition manufacturers and retailers;
Section 3. This resolution shall tape effect immediately upon approval
and shall be delivered to the Clerk for the Miami -Dade County Commission, to
the President of the Senate and to the Speaker of the House of the Florida.
Legislature.
PASSED AND ADOPTED this 16th day of March, 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
' it7filJ._ 61fi01D�ua5EC ;dlupli'smoni- tts1E'enelxsGun lifigrtionsupportmAx
APPROVED:
MAYOR
Additions shown, by underlining and deletions sham by
2
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 3/12/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 3/16/99
City Manager Rescinding Resolution NO. 42 -99-
10666
The attached resolution sponsored by Mayor Julio Robaina rescinds
Resolution No. 42 -99 -10666 adopted March 2, 1999 had rescheduled the
meeting April 6' meeting to March 30,1999 however, the City Charters requires
that two meeting be held each month.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO SCHEDULING OF CITY
COMMISSION MEETINGS; RESCINDING RESOLUTION NO. 42 -99- 10666;
RESCHEDULING THE APRIL 6 MEETING TO PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami will be attending
the Dade Days event scheduled in Tallahassee on April 7 and 8, 1999; and,
WHEREAS, due to legislative priorities Mayor Julio Robaina and Vice Mayor Armando
Oliveros, Jr., would be arriving a day early for this event thus there would be no quorum for the
Commission meeting scheduled for April 6, 1999; and
WHEREAS, Resolution No. 42 -99 -10666 adopted at the March 2, 1999 City Commission
meeting had rescheduled the meeting April 6 meeting to March 30, 1999 however, the Charter
requires that two meeting shall be held each month; and
WHEREAS, the Mayor and City Commission desire to rescind Resolution No. 42 -99-
10666 and reschedule the City Commission meeting to
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That Resolution No. 42 -99 -10666 is hereby rescinded.
Section 2. That the City Commission Meeting normally scheduled for April 6, 1999 is
rescheduled to
Section 3. This resolution shall take effect immediately upon approval
PASSED AND ADOPTED this day of 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by everstr-icg.
RESOLUTION NO. 42-99-10666
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
CITY COMMISSION MEETING; RESCHEDULING THE APRIL
61- 1999 CITY COMMISSION MEETING TO MARCH 30, 1999;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances
provides that the City Commission shall hold regular meetings at 7:30 p.m., on the
first and third Tuesdays except for June and July; and
WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances
also provides that regular meetings may be otherwise postponed, cancelled or reset
only by Resolution adopted at a regular meeting of a majority of the entire
membership of the City Commission; and
WHEREAS, the Mayor and City Commission desire to reschedule the
regular meeting of April 6, 1999 to March 30, 1999 due to the impeding
participation of the elected officials and administration at the Dade Days activities
in Tallahassee.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The regular City Commission meeting for April 6, 1999 has
been rescheduled to March 30, 1999.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 2nd day of March , 1999.
ATT T: APPROVED:
CITY CLERK Li MAYOR
READ AND APPROVED AS TO FORM:
G
CITY ATTORNEY
Commission Vote:
5-0
Mayor. Robaina:
Yea
Vice Mayor Oliveros:
Commissioner Feliu:
Yea
Yea
Commissioner Bethel:
Yea
Commissioner Russell:
Y e a
Additions shown by underlining and deletions shown b tFiking
y o�:��.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 2126/99
AGENDA ITEM #
FROM: Charles D. Scurr rl� Comm. Mtg. 3/2199
City Manager a4 City Commission Meeting
The attached resolution sponsored by Mayor Julio Robaina reschedules the
April 6, 1999 City Commission meeting to March 30, 1999. This action is
pursuant to Section 2 -2.1 of the City of South Miami Code of Ordinances.
The South Miami City Commission and members of the administrative staff will
be attending the Dade Days activities in Tallahassee April 7 and 8, 1999. In
order to met with the City's lobbyists Mayor Robaina and Vice Mayor Oliveros
will be arriving in Tallahassee on Tuesday, April 6, 1999 thus there would be no
quorum for the April 6, 1999 Commission meeting.
CITYOF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: March 16, 1999
FROM: Charles D. Scurr RE: Agenda Item # /4
City Manager COMMERCIAL WASTE
Wfl ORDINANCE — REQUEST FOR
AMMENDMENT
The attached ordinance amends Section 11 -4 of the Code of Ordinances, entitled
"Definitions ". Presently, it reads (in part):
"Gross Receipt shall mean the entire amount of fees collected ..."
It is proposed to amend this definition as follows:
"Gross Receipt shall mean the entire amount of fees billed ..."
This change is necessary to address an area of ambiguity in the ordinance, so that it is
clear that the City's fees are to be based upon each franchise's customer base, and not on
their monthly revenue. This change will greatly help the City's accounting process.
ORDINANCE NO. 10 -70 -686 & 1,4 -21 -70
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY
THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES
FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING
DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY
RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE
FRANCHISES; PROVIDING FOR NON - TRANSFEREBALITY OF
FRANCHISE, LIMITATION OF CONTRACT, APPLICATION
PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE,
SERVICE STANDARDS, CITY MANAGER TO PROMULGATE
REGULATIONS, SCHEDULES AND ROUTES, TERMINATION,
ENFORCEMENT AND ADMINISTRATIVE FINES, AND MUNICIPAL
COLLECTION SERVICE; REPEALING SECTION 11 -1, DEFINITIONS,
AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION,
TRANSPORT AND DISPOSAL; RENUMBERING SECTIONS 11 -2 AND
11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides that
all garbage, trash and refuse accumulated within the city shall be collected, conveyed and
disposed by the Public Works Department or a private licensed refuse collection firm; and,
WHEREAS, the Mayor and City Commission deem it to be in the public interest to
continue providing residential collection of municipal solid waste by the Public Works
Department, to discontinue providing commercial solid waste collection and to provide for
the issuance of non - exclusive franchises to qualified commercial solid waste haulers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 11 -2 is amended and renumbered as Section 11 -1 to read:
Sec. 11 -1. Collection of garbage and solid waste in the City.
Page 1 of 19
Underscored words constitute the amendment proposed. c words are deleted. Remaining provisions are
now in effect and remain unchanged.
All garbage, trash and refuse and solid waste accumulated within the City
limits shall be collected, conveyed, and disposed of by and through the
department of public works Public Works Department of the City or a private
licensed franchised refuse collection firm. No person, firm or corporation
shall, for a fee, collect and dispose of or transport over the city streets any
garbage, trash and refuse and solid waste except as provided in section 11 -3
bellow this chapter.
Section 2. Section 11 -2 is created to read:
Sec. 11 -2. Franchise Required.
It shall be unlawful for any private person, firm or corporation to engage in the
business of collecting garbage or solid waste within the City, without a valid
franchise from the City. It shall be unlawful for an owner or lessee of any
commercial property located within the City to contract with a person to
collect garbage or solid waste in the City unless the person possesses a current,
valid franchise from the City.
Section 3. Section 11 -3 is created to read:
Sec. 11 -3. City Commission Authorized To Grant Franchise.
(a) The City Commission is authorized, from time to time to grant one or more
non - exclusive franchises granting the right and privilege to operate a
garbage and trash collection system in, upon, over, and across the present
and future streets, alleys, easements and other public places of the City for
the purpose of collecting garbage and trash solely from commercial
establishments as defined in this chapter, which desire these services within
the limits of the City.
(b) The franchisees shall be granted by Ordinance, and only after the applicant
for the franchise has filed with the City Clerk, an application, and such
other documentation as may reasonably be required to establish that the
applicant meets all of the requirements of this chapter.
(c) The franchises shall initially be granted a period of three years, and shall
be renewable thereafter, for successive periods of one year upon
Page 2 of 19
Underscored words constitute the amendment proposed. OVeFS4Uok words are deleted. Remaining provisions are
now in effect and remain unchanged.
application of the franchisee and approval of the application by the City
Commission.
Section 4. Section 11 -4 is created to read:
Sec. 11 -4. Definitions.
Biohazardous Waste shall mean any solid waste or liquid waste which may
present a threat of infection to humans. The term includes, but is not limited
to, non - liquid human tissue and body parts; laboratory and veterinary waste
which contains human- disease - causing agents; used disposable sharps, human
blood, and human blood products and body fluids; and other materials which
in the opinion of the Department of Health and Rehabilitative Services
represent a significant risk of infection to persons outside the generating
facility.
Biological Waste shall mean solid waste that causes or has the capability
of causing disease or infection and includes, but is not limited to, biohazards
waste, diseased or dead animals, and other waste capable of transmitting
pathogens to humans or animals.
City shall mean the City of South Miami, Florida.
Commercial Establishments shall mean any business establishment of any
nature or kind whatsoever other than a residential unit.
Director shall means the Director of Public Works.
Garbage shall mean every refuse accumulation of animal, fruit, vegetable,
or organic matter that attends the preparation, use, cooking and detailing in, or
storage of, meats, fish, fowl, fruit, or vegetables, and decay, putrefaction and
the generation of noxious of offensive gases or odors, or which, during or after
decay, may serve as breeding or feeding material for flies or other germ
carrying insects.
Garbage Can or Container shall mean a container made of galvanized
metal, durable plastic on other suitable material of a capacity not less than ten
gallons and not to exceed thirty gallons approved for use by the City Manager
or his designee. Such container shall have two handles upon the sides thereof,
or a bail by which dirt may be lifted, and shall have a tight fitting solid top.
Page 3 of 19
Underscored words constitute the amendment proposed. ,tae words are deleted. Remaining provisions are
now in effect and remain unchanged.
Gross Receipt shall mean the entire amount of fees eelleeted billed by a
franchisee, exclusive of state sales taxes provided by law from any person
within the City for garbage, hazardous, industrial, biomedical, biological, or
solid waste; construction and demolition, debris, trash, lifter refuse, and /or
rubbish collection, removal and disposal.
Hazardous Waste shall mean solid waste, or a combination of solid wastes,
which, because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may cause, or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating reversible
illness or may pose a substantial present or potential hazard to human health
or the environment when improperly transported, disposed of, stored, treated,
or otherwise managed.
Industrial Waste shall mean any and all debris and waste products
generated by manufacturing, food processing (except restaurants), land
clearing, any commercial shrubbery or tree cutting, building construction or
alteration (except do -it- yourself home projects) and public works type
construction projects whether performed by a government unit or by contract.
Infectious Waste shall mean those wastes which may cause disease or may
reasonably be suspected of harboring pathogenic organisms. Included are
wastes resulting from the operation of medical clinics, hospitals, and other
facilities producing wastes which may consist of, but are not limited to,
diseased human and animal parts, contaminated bandages, pathological
specimens, hypodermic needles, contaminated clothing, and surgical gloves.
Loose Refuse shall mean any refuse, either garbage or trash stored in and
collected from any type of container other than a mechanical container or
garbage can. Refuse which is collected from the ground is considered loose
refuse.
Mechanical Container shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a loader /packer
type of garbage truck used by the franchisee.
Performance Bond shall mean the form of security approved by the City
and furnished by the franchisee as required as a guarantee that the franchisee
Page 4 of 19
Underscored words constitute the amendment proposed.k words are deleted. Remaining provisions are
now in effect and remain unchanged.
will execute the work in accordance with the terms of this chapter and will pay
all lawful claims.
Recyclable Materials shall mean those materials which are capable of
being recycled and which would otherwise be processed or disposed of as solid
waste.
Refuse shall mean both rubbish and garbage or a combination or mixture
of rubbish and garbage, including paper, glass, metal and other discarded
matter, excluding recyclable materials.
Refuse Regulations shall herein refer to regulations prescribed by the City
together with such administrative rules, regulations and procedures as may be
established under or pursuant to this Chapter.
Solid Waste shall mean refuse, yard trash, clean debris, white goods,
special waste, refuse, or other discarded material.
Special Waste shall mean solid wastes that can require special handling and
management, including, but not limited to, asbestos, whole tires, used tires,
used oil, lead -acid batteries, mercury lights and biological wastes.
Section 5. Section 11 -5 is created to read:
Sec. 11 -5. Franchise Not To Constitute Property Right.
No franchise granted pursuant to this chapter shall be deemed the property of
the holder thereof.
Section 6. Section 11 -6 is created to read:
Sec. 11 -6. City's Power To Revoke Franchise, Amend Regulations.
(a) The City reserves unto itself the power to revoke all franchises granted
pursuant to this chapter, to change or limit the rights granted, or to
otherwise modify the franchises, in its sole discretion, by ordinance duly
enacted by it. Such action shall not be deemed a taking of a property,
contract, or other right of any franchisee, it being the express intention of
this chapter to reserve unto the City, the power, in its sole discretion, to
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alter the methods of garbage collection employed in the City, and the
manner in which to service garbage collections delivered within the City.
(b) The City further reserves the power to amend this chapter from time to time
at the sole discretion of its City Commission, and shall not be estopped to
do so, notwithstanding the grant of any franchise or franchises to any
person.
Section 7. Section 11 -7 is created to read:
Sec. 11 -7. Non - Transferability.
Franchises shall be non - transferable. Any attempt to transfer legal, equitable
or beneficial interests in any franchise shall render it void.
Section 8. Section 11 -8 is created to read:
Sec. 11 -8. Limitation of Contract.
No contract for the collection of garbage or trash within the City shall be for
a term in excess of three years, or contain any provision for the automatic
renewal of the contract.
Section 9. Section 11 -9 is created to read:
Sec. 11 -9. Application Procedure.
Any person desiring a non - exclusive franchise to collect garbage or trash
within the City from commercial establishments shall file an application with
the City Manager. The application shall be on such form as the City Manager
may promulgate which shall at minimum include the following information.
(a) The applicant's name, address, and telephone number. In the case of an
applicant having more than one office within Dade County, the applicant
shall designate a primary office from which accounts in the City will be
serviced, and the address and telephone number of all offices within Dade
County which are supervisory to the office serving the City.
(b) Evidence of insurance meeting the minimum requirements set forth in this
chapter.
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(c) A complete list of the vehicles which will be used to service accounts in the
City. This list shall include the year, make, model number and license plate
number of each vehicle.
(d) Evidence that proposed franchisee has obtained all required county, state
and federal licenses or permits required to engage in the business of
garbage or solid waste collection.
(e) Evidence that the proposed franchisee has made arrangements to dispose
all garbage and solid waste collected by it outside the City limits, in a
facility designed and licensed for the disposal of garbage and solid waste
and which meets all requirements of law.
(f) The name, address, business telephone and home telephone of one or more
responsible managerial employees who may be contacted by the
appropriate City officials in the event of an emergency.
(g) If the applicant is other than a natural person, sufficient information to
identify the shareholders, partners or other persons holding any legal or
beneficial interest in the applicant in the excess of ten percent (10 %).
(h) A performance bond in the amount of $100,000, with good and sufficient
sureties conditioned upon the compliance of the terms of this Chapter and
such form as the City Attorney may require.
Section 10. Section 11 -10 is created to read:
Sec. 11 -10. Fees; Reporting Requirements.
(a) Franchise Fee.
(1) In order to compensate the City for the use of its streets, alleys, roadways
and other property, and for wear and tear, each franchisee shall pay the City
an annual fee of $5,000. In addition the franchisee shall pay to the City, a
franchise fee of 15% of the franchisees' gross receipts from accounts
within the City serviced by franchisee.
(2) This fee shall be in addition to any occupational license taxes levied by the
City upon the franchisee's business activities.
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(b) Reporting Requirements; Fee For Underpayment.
(1) Each franchisee, by accepting the franchise, shall agree to deliver to the
City Finance Department a true and correct statement of gross receipts
generated during the previous month from its services rendered within the
City on or before the last day of each month. Payments of fees shall be
made on a monthly basis to the City Finance Department on or before the
last day of each month, representing gross receipts collected the previous
month. The franchisee shall on or before 30 days following the close of
each fiscal year deliver to the director a statement of its annual gross
receipts generated from accounts within the City prepared by an
independent certified public accountant reflecting gross receipts within the
City for the preceding fiscal year. The permittees will allow City auditors,
during regular business hours after reasonable notice, to audit, inspect, and
examine the permittees' fiscal books and records and tax returns, insofar
as they relate to City accounts, to confirm the permittees' compliance with
this section. In the event the permittee fails to pay the full franchise fee
percentage of the permittee's total monthly gross receipts, the fee shall bear
interest at the rate of one percent per month on the outstanding balance
until paid and additionally the permittee shall have to pay all expenses of
collection, including court costs and reasonable attorneys fees.
(2) Each franchisee, by accepting the franchise, shall agree to make its books
and records available to the City Manger, or the City Manager's designated
representative for inspection or audit during normal business hours, upon
receipt of 48 -hours written notice.
(3) If any audit or examination discloses an underpayment to the City greater
than 15% of a required payment, in addition to payment of the
underpayment, the franchisee shall pay for the expenses of the audit and a
penalty equal to three times the underpayment.
(c) Information Required of Permittees.
(1) At least annually, but not more frequently than quarterly, as determined by
the director, each permittee shall supply the following information on a
form and in the manner prescribed by the director:
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(2) A listing, as of the reporting date, of the names and addresses of
customers, the addresses of each location served, and schedule of
rates charged by the permittee.
(d) Vehicle Registration Fees. Each and every permittee shall pay, in
addition to the fees imposed by this article, an annual vehicle
registration fee which shall be in the amount of $25.00 for each
vehicle shown on the list required to be submitted as part of the
application. This fee shall apply to renewals of registration as well.
Section 11. Section 11 -11 is created to read:
Sec. 11 -11. Insurance.
(a) Each franchisee shall maintain not less than the following insurance:
Comprehensive General Liability, $3,000,000
Property damage, $1,000,000
Automotive Liability, $1,000,000
Workmen's Compensation as required by law
Completed Operations, $1,000,000
(b) Each policy shall name the City as an additional insured and each franchise
shall deliver to the City the certificate or certificates of insurance
evidencing the existence of the policies. Each certificate shall provide that
the City will be afforded a 30 -day written notice in the event of the
cancellation of any of the policies for any reason. The insurance shall only
be written by companies rated not less than B +: VI according to the most
recent issue of Best Insurance Rating Guide. The certificate shall be
submitted with a cover letter addressed to the City from the franchisee's
insurance agent or agents stating that they have read the provisions of this
section and that the insurance provided meets the minimum requirements
hereof.
(c) The insurance shall contain the following endorsement.
In addition to the coverage stated in the body of the policy, the policy shall
indemnify and hold harmless the City of South Miami, its officers, agents
and employees from all claims for bodily injuries to the public in and up to
the amount of $3,000,000.00 for each occurrence and for all damages to
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the property of others in and up to the amount of $1,000,000.00 for each,
including costs of investigation, all expenses of litigation, including
reasonable attorney fees and the cost of appeals arising out of any such
claims or suits because of any and all acts of omission or commission by
the franchisee, his agents, servants, or employees, or through the mere
existence of the project under contract.
(d) All such policies shall be on an occurrence basis rather than a claims -made
basis.
(e) The franchisee shall secure and maintain policies of its subcontractors. All
policies shall be made available to the City upon demand. The franchisee
shall be responsible to the City for the acts and omissions of any
subcontractor or persons employed by them.
Section 12. Section 11 -12 is created to read:
Sec. 11 -12. Service Standards.
All garbage and solid waste collection service provided within the City shall
meet the following minimum requirements:
(a) All solid waste or garbage collection shall begin no earlier than 7:00 a.m.
Collection shall cease no later than 6:00 p.m. In case of an emergency,
collection may be permitted at other times provided that the contractor has
received prior approval from the City Manager, to be later evidenced by a
written memorandum confirming the approval. Should the franchisee not
confirm and obtain in writing the approval to operate on an emergency
basis it shall be presumed that the franchisee did not obtain such approval.
(b) All trash or solid waste collected within the City shall be transported to an
appropriate license dump or transfer or receiving station located outside the
City limits. No transfer station or the facility for the temporary storage of
garbage or solid waste other than the receptacles at the premises serviced
shall be permitted within the City.
(c) No vehicle used for the collection of garbage or solid waste shall be
permitted to be parked, stopped or stored within the City except for the
time reasonably required to empty garbage or solid waste containers at the
premises being served or to comply with traffic laws. The franchisee shall
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be responsible for the maintenance of all garbage or trash containers or
dumpsters in a clean sanitary manner. All equipment shall be kept in good
repair, appearance and in a sanitary and clean condition at all times. The
franchisee shall have available reserve equipment that can be put into
service within two hours of any breakdown. Such reserve equipment shall
be of adequate size and capacity in order for franchisee to perform its
contractual duties. A list of the franchisee's equipment shall be given to
the City at the time of each annual audit.
(d) Equipment is to be painted uniformly with the name of the franchisee,
business telephone number and number of the vehicle in letters not less
than two inches high on each side of the vehicle. All vehicles shall be
numbered and a record shall be kept of the vehicle to which each number
is assigned. No advertising shall be permitted on vehicles, except of events
sponsored by the City.
(e) All containers used for the purpose of storing garbage shall be emptied not
less often than two times weekly, or more often as the City Manager
determines that the health and welfare public requires additional pick -ups.
Pick -ups shall be as evenly spaced as possible.
(f) The franchisee shall be responsible for the condition of all containers
provided for the storage of garbage or solid waste. All containers used for
the storage of garbage or solid waste shall be sanitized and otherwise
maintained on a regular basis.
(g) Each garbage can, dumpster, or other container for the storage of garbage
shall be of such design as to prevent the infestation of the container by
insects or vermin.
(h) Each franchisee shall be responsible for determining the type of garbage
or solid waste generated by its customers and assuring the proper disposal
of the garbage or solid waste. By way of example, franchisees servicing
medical offices or buildings containing medical offices shall be responsible
for assuring that the used bandages, dressings, needles and the like are
disposed in a manner appropriate for such items.
(i) Each franchisee's solid waste collection employee shall wear a uniform
shirt bearing the company's name. The franchisee shall furnish to such
employee an identifying badge not less than two and a half inches in
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diameter with numbers and letters at least one inch high, uniform and type.
Employees shall be required to wear such badges while on duty. The
franchisee shall keep a record of employees names and numbers assigned.
The franchisee shall provide, at its expense, a suitable office located
within a close proximity to Miami -Dade County where telephone
complaints shall be received, recorded and handled during normal working
hours of each week and shall provided for prompt handling of emergency
complaint along with the special emergency complaints or calls.
(j) Each vehicle operator shall, at all times, carry a valid driver's license for
the type of vehicle that is being driven.
(k) The franchisee shall assure that its employees serve the public in a
courteous, helpful and impartial manner. The franchisee's collection
employees will be required to follow the regular walk for pedestrians while
on private property. No trespassing by employees will be allowed, nor
crossing the property of neighboring premises unless residents or owners
of both properties shall have given permission. Care shall be taken to
prevent damage to property including; but not limited to, garbage cans,
carts, racks, trees, shrubs, flowers and other plants.
(1) Franchisee shall notify all customers in writing about complaint
procedures, rates and regulations. A copy of the procedures and any
amendments or updates shall be provided to the City of South Miami.
(m)Except for servicing of dumpsters and servicing construction sites, a
franchisee that contracts for servicing of any property shall provide garbage
collection service and all related services required by the property.
Section 13. Section 11 -13 is created to read:
Sec. 11 -13. City Manager to Promulgate Regulations.
(a) The City Manager shall be authorized to promulgate rules and regulations
as he or she may deem appropriate to effectuate the requirements of this
chapter and to assure that garbage and trash collection in the City is
performed in a manner as to promote the health, safety and welfare of the
residence of the City.
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(b) In promulgating regulations, the City Manager shall consider the best
available technology for the collection of garbage and solid waste and
require the use of such technology as is prudent and feasible. The City
Manager shall also consider the nature of the establishment and particular
level of services required.
Section 14. Section 11 -14 is created to read:
Sec. 11 -14. Schedules and Routes.
(a) The City reserves the power to deny a franchisee's vehicles access to
certain streets, alleys and public way inside the City in route to the disposal
site where it is in the interest of the general public to do so because of the
condition of the streets. A franchisee shall not interrupt the regular
schedule or quality of service because of street closures less than eight
hours in duration. The City shall notify the franchisee of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to the franchisee and the City. Customers shall receive
reasonable notification of the schedules provided by the franchisee prior to
commencement of service. Notification, material, methods and frequency
of delivery shall be approved by the City. Only local truck routes shall be
used in transit, unless specifically for the purpose of collection.
(b) Storm. In case of a storm, the City Manager or his designee may grant the
franchisee a reasonable variance from regular schedules and routes. As
soon as practicable after a storm, the franchisee shall advise the City
Manager and the customer of the estimated time required before regular
schedules and routes can be resumed.
(c) Force Majeure. The performance of any act by the City or franchisee may
be delayed or suspended at any time while, but only so long as, either parry
is hindered in, or prevented from, performance by acts of nature, war,
rebellion, strikes, lockouts or any other cause beyond the reasonable
control of the affected person.
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Section 15. Section 11 -15 is created to read:
See. 11-15. Termination.
(a) In addition to its other powers pertaining to any franchise, the City reserves
the power to terminate the franchise upon a finding of the Director that a
franchisee has failed to comply with one or more of the requirements of
this Chapter.
(b) Prior to making a finding of a violation of this Chapter, the Director shall
notify the franchisee in writing of the deficiency and provide the franchisee
an opportunity to dispute the Director's findings. The Director shall
provide the franchisee an opportunity for an informal hearing, if requested
within five days of receipt of the deficiency findings.
(c) Non - payment of the franchisee of fees or failure to file the required report
shall be grounds for termination, after ten days written notice, without
hearing.
(d) Any decision of the Director under this section, with the exception of
paragraph (c), may be reviewed upon written request by the aggrieved
franchisee to the City Manager. Notice of Appeal should be filed in
writing with the Director no more than ten days after receipt of written
advice that the franchisee is terminated.
(e) The City Manager shall set the date and time for hearing the appeal. The
hearing shall be held not less than fourteen or more than sixty days after
receipt of the notice of appeal. The City Manager or his designee shall
either affirm the decision of the Director or direct the Director to issue or
reinstate the franchise, with or without conditions.
Section 16. Section 11 -16 is created to read:
Sec. 11 -16. Enforcement and administrative fines.
(a) Any person who has not strictly complied with the provisions of this
chapter shall be subject to the enforcement procedures provided in this section:
(1) ' In the event of a violation, the code enforcement officer or any other
person designated by the City Manager shall notify the alleged violator in
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writing and give him or her a reasonable period of time to correct the violation.
If the alleged violation continues beyond the time specified for correction, the
City Manager shall issue to the alleged violator a notice of intent to impose an
administrative fine. The alleged violator may request a hearing with the City
Manager. All hearing requests must be made in writing.
(2) Upon receipt of request for a hearing the City Manager shall schedule
a hearing for not less than ten days from, but within 20 days of, the date of the
request. The City Manager shall notify the person in writing, at least five days
in advance, of the date, time and place of the hearing on the notice of violation.
If a hearing is not requested, the City Manager may impose an administrative
fine in accordance with the fine schedule contained in this chapter.
(3) The proceeding shall be as informal as is compatible with the essential
requirements of the law. At the hearing, the alleged violator shall be given the
opportunity to be represented by an attorney, to make a record of the hearing
by the use of a court reporter, to call witnesses, to present documentary
evidence, and to cross examine witnesses. The admission of evidence shall be
determined by the City Manager. Strict rules of evidence, as in courts of law,
shall not apply. Evidence admitted by the City Manager shall be consistent
with generally accepted legal principles governing the admission of evidence
in administrative proceedings.
(4) Within ten days of the close of the hearing, the City Manager shall
render a decision, in writing, determining whether or not a violation has
occurred and whether an administrative fine shall be imposed. The decision
must be based on substantial competent evidence in the record.
(5) Upon rendering a decision, the City Manager shall file the decision with
the City Clerk and shall cause a true and correct copy of the order to be sent
by registered mail, return receipt requested, to the last known address of the
violator.
(6) A final decision of the City Manager may be appealed within 30 days
to the Circuit Court of the Eleventh Judicial Circuit of Florida in accordance
with the Florida Rules of Appellate Procedure. Payment of the administrative
fine is a condition precedent to initiating appellate proceedings and the court
shall not have jurisdiction to consider the appeal unless the fine is paid within
the time provided in subsection (b) of this section.
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(b) Administrative fines shall be imposed in accordance with the following
schedule:
1. Obstructing the code enforcement officer from performing its duties.
$500.00
2. The placement of containers, garbage, trash, bulky and /or industrial
waste on public rights -of -way. $75.00
3. Dumpster(s) not kept in approved garbage facility. $150.00
4. Failure of commercial establishment to have in effect an agreement
with a franchised waste hauler for the collection and removal of solid
waste /garbage from the premises. $250.00
5. Failure to screen container. $50.00
6. Failure to remove raw or processed organic waste matter from food
service establishment. $75.00
7. Failure to maintain property, sidewalk, alley, and/or public right -of-
way. $50.00
8. Commercial container violation. $50.00
9. Insufficient number of approved garbage receptacles. $50.00
10. Uncontainerized garbage or miscellaneous trash in receptacle area.
$75.00
11. Unauthorized disposal of garbage or trash or other waste materials
consisting of industrial and bulky waste or other waste material.
$500.00
12. Disposal of trash or other waste materials placed in right -of -way
at other than authorized time. $75.00
13. Illegal dumping from a nonmotorized vehicle or unknown entity
(i.e., dolly, wagon, or wheelbarrow). $75.00
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14. Failure of a refuse collection firm to obtain or maintain a franchise
while providing waste collection services. $500.00
15. Illegal dumping from an automobile. $75.00
16. Illegal dumping from a noncommercial vehicle. $250.00
17. Illegal dumping from any commercial vehicle. $500.00
18. Garbage deposited at minidump site for bulky waste. $150.00
19. Use of neighborhood bulky waste transfer station by commercial
establishment. $500.00
20. Impeding, salvaging, and vandalism of bulky waste minidump site.
$250.00
21. Trash not containerized or bundled. $75.00
22. Unauthorized bulky waste on right -of -way. $75.00
23. Garbage not containerized. $75.00
24. Litter on premises. $50.00
25. Sunken containers. $100.00
26. All other violations. $75.00
(c) Fines are due and payable by the violator within ten days of receipt of
the decision of the City Manager. Fines imposed by the City, and the cost of
any corrective work by the City, shall constitute a lien with equal rank and
dignity as a special assessment lien.
(d) In addition to other remedies provided to the City in this chapter, the
City may seek injunctive relief to correct a violation or to require compliance
with the requirements of this chapter, and the City may seek damages to
recover the cost of corrective work by the City. These remedies are
cumulative and the an action seeking a specific remedy shall not be construed
as an election of remedies or a waiver of other remedies available to the City.
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Section 17. Section 11 -17 is created to read:
Section 11 -17. Municipal Collection Service
Each franchised collection firm shall provide containers and waste collection
service to the City at the locations and in conformance with the criteria
established in this section. The waste collection services for the City locations
shall be performed at no cost to the City and shall be borne equally by the
franchised collection firms.
Container Information:
Location
Service Container Type Quantity Frequency of
Service
Public Works 2 cubic yds. 2 3
City Hall 2 cubic yds. 1 5
C.A.A. 2 cubic yds. 1 5
Palmer Park 2 cubic yds. 2 5
Murray Park 2 cubic yds. 2 5
Section 18. Former section 11 -1, Definitions, and former section 11 -3,
Permit required for collection, transport and disposal; regulation of permittees,
are repealed.
Section 21. Former sections 11 -4 through 11 -11 are renumbered to sections
11 -18 through 11 -25, respectively.
Section 22. 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.
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Section 23. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 24. This ordinance shall take effect immediately at the time of its
passage; provided, however, that any private person, firm or corporation who
is engaged in the business of collecting garbage or solid waste within the City
under a valid, written contract entered into before the effective date of this
ordinance, and who is unable to qualify for a franchise from the City, may
continue to perform under the contract for a period of time not to exceed the
current term of the existing contract or one year from the effective date of this
ordinance, whichever is earlier.
PASSED AND ADOPTED this day of August 1998.
ATTEST:
• Z
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
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..:...............
.........................
DRAFT
1
2
3 City of South Miami
4 Regular City Commission Minutes
5 Tuesday, February 16,1999
6
7 CALL TO ORDER:
8
9 The City Commission of the City of South Miami, Florida met
10 in regular session on Tuesday, February 16, 1999 beginning at
11 7 :47 p.m., in the City Commission Chambers, 6130 Sunset Drive.
12 The following members of the City Commission were present: Mayor
13 Julio Robaina, Vice Mayor Armando Oliveros, Sr., Commissioners
14 Horace G. Feliu, David D. Bethel and Mary Scott Russell.
15
16 Also in attendance were City Manager Charles D. Scurr,
17 Assistant City Managers Diana Morris and Subrata Basu, City
18 Attorney Earl G. Gallop and City Clerk Ronetta Taylor.
19
20 A. Invocation:
21 Commissioner Feliu delivered the Invocation.
22
23 B. Pledge of Allegiance:
24 The Pledge of Allegiance was recited in unison.
25
26 C. Presentation(s):
27
28 Mayor Robaina invited Mrs. Cala Hill to come forward for
29 comments.
30
31 Mrs. Cala Hill appeared before the City Commission and
32 shared that she's been selected to represent the City of South
33 Miami in the Mrs. Florida International Pageant. She thanked
34 Mayor Robaina for his support. She related that the pageant was
35 based on recognizing married women for their professional lives,
36 community service and family values. She detailed her
37 professional and educational background. She is currently
38 teaching language arts to ninth and eleventh graders at the New
39 World School of the Arts. She shared that she'd had an
40 opportunity to visit Japan for three weeks where she observed the
41 cultural and educational aspect and philosophy of the country.
42 She volunteered her services to the City of South Miami.
43
44 Mayor Robaina asked for corporate sponsorship to assist Cala
45 Hill with this endeavor.
46
47 Mayor Robaina presented Mr. Subrata Basu the City's
48 Assistant Manager/ Planning Director with a plaque depicting the
REGULAR CITY COMMISSION 1
MINUTES - February 16, 1999
1 City's appreciation for his giving over fifteen years of
2 dedicated volunteer service to the City of South Miami.
3
4 Mr. Basu appeared before the City Commission to thank them
5 for this honor.
6
7 Ms. Ana Garcia, the City's Parks & Recreation Director
8 appeared before the City Commission to make presentations to two
9 young people who have excelled in athletics. She introduced
10 Keith Hall a basketball player for the 12 and under basketball
11 team in South Miami. She reported that Keith Hall has won the
12 region basketball competition.
13
14 Ms. Garcia introduced Duchesse Williams, the State champion
15 in the 100 -meter dash. Duchesse will be defending her title this
16 year as she goes into the 11th grade. She acknowledged Gerald
17 Cox the coach for the City's track team.
18
19 Mr. Cox appeared before the City Commission to express his
20 appreciation to the City of South Miami, its elected officials
21 and the community for the outstanding support provided to the
22 South Miami Track and Field Team. He said that South Miami has a
23 lot of talent and if the community continues to invest in this
24 talent there is no telling where the youth will end up. He
25 thanked Mayor Robaina and the City Commission for doing the right
26 thing. He acknowledged Mr. Willie Godbolt, Duchesse's
27 grandfather for all of his support and guidance.
28
29 Mayor Robaina also acknowledged Mr. Godbolt, the unofficial
30 school crossing guard for volunteering his time to assist with
31 the children crossing the street.
32
33 ITEMS FOR THE COMMISSION'S CONSIDERATION:
34
35 1. Approval of Minutes:
36 Regular City Commission Minutes - February 2, 1999
37
38 Due to the illness of the City Clerk there were no minutes
39 for approval at tonight's meeting.
40
41
42 2. City Manager's Report:
43
44 Manager Scurr related that the opening of the Shops At
45 Sunset Place had placed a tremendous burden on the staff in terms
46 of new projects and programs. He said one of the commitments
47 made by the city departments was that no city services would be
48 retracted from with the opening of the SHOPS. He invited Chief
49 Watson and staff to come forward to report on some of the major
50 initiatives that have been implemented.
REGULAR CITY COMMISSION 2
MINUTES - February 16, 1999
1
2 Chief Watson appeared before the City Commission and
3 reported that at the last Commission meeting there were a couple
4 of citizens who were concerned about police presence and where
5 their dollars. He said tonight's presentation would show how the
6 zones are set up and the manpower that is designated to those
7 particular zones. In addition to this a report would also be
8 given on the Crime Watch program. He related that after speaking
9 with one of the concerned citizens during the last Commission
10 meeting that particular citizen set up a crime watch in their
11 neighborhood. He encouraged others to do the same in their
12 neighborhoods. He invited Captain Mills to come forward with his
13 presentation on the new police zone.
14
15 Captain Mills appeared before the City Commission and
16 related that the police department had taken an initiative back
17 during the fall when it was noted that the Shops At Sunset Place
18 would open in one of the police patrol zones. He said staff knew
19 that there would be demand for additional service in the downtown
20 area due to the Shops At Sunset Place. An additional zone was
21 added for the existing five zones the City has had for
22 approximately 15 -16 years. He related that zone 5 use to consist
23 of the boundary of Red Road on the right hand side, 62"d Avenue
24 on the left, Kendall Drive on the bottom with US One on the top.
25 By adding the sixth zone, zone five was reduced in size and is
26 completely residential. The business community in the downtown
27 area now has a patrol that focuses on the downtown area. He
28 recounted that during the 1998/99- budget process the City
29 Commission authorized ten additional police officers. This is in
30 addition to the fifty officers that were previously authorized.
31 He related that the police department has worked diligently over
32 the past couple of months to hire the additional officers. There
33 were enough additional officers to staff the zone and have it
34 opened in conjunction with the opening of the Shops At Sunset
35 Place.
36
37 Captain Mills said this is the year that the police
38 department has identified to revive the Citizens Crime Watch
39 Program for the City of South Miami. He reported on the City's
40 Heat, Beat and Scram Program. He shared that with each program
41 participants received a designated number of password to use when
42 calling the police department. HEAT means "Household Efforts
43 Against Trash" is a residential program to register one's home.
44 A security survey is done and a heat number is given so those
45 residents can call the police station. He said there is a similar
46 program for the business community BEAT, which means "Business
47 Efforts Against Trash ". The SCRAM program deals with the senior
48 citizens. This program is a special service where the senior
49 citizen is called by the police department at a certain time
50 everyday. If there is no response from the resident a patrol car
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1 is sent out to make sure everything is okay. Information on how
2 to register for these programs will be broadcast on Channel Five.
3 He encouraged those individuals interested in setting up or
4 revitalizing a crime watch program in their neighborhood to call
5 the police department.
6
7 Chief Watson conveyed that in emergency situations residents
8 should call the South Miami Police Department first at 305 -663-
9 6301 instead of the 911 system.
10
11 Mayor Robaina conveyed that he was glad the police
12 department had made this presentation. He shared that there was
13 a situation over the weekend where a citizen was actually robbed
14 in the Dante Fascell Park area. He related that the first comment
15 he'd heard was this type of situation has been happening because
16 all of the police officers have been taken out of this area to
17 cover the Shops At Sunset Place. He voiced that what has really
18 happened is that the residential area has been made into a
19 smaller zone and the Shops At Sunset Place is a totally different
20 zone staffed with the additional police officers brought on
21 board. He thanked Chief Watson for providing the police
22 department's direct phone number because the citizen that was
23 robbed called 911, which caused quite a delayed response from the
24 police department. He encouraged citizens to call direct to the
25 police department instead of using 911. He suggested having
26 magnets made with the police department's direct phone number
27 printed on it.
28
29 Chief Watson related that on last Friday at the crack of
30 dawn the South Miami police department along with other
31 municipalities and federal agencies were involved in the process
32 of rounding up thirteen individuals on narcotics violations.
33 Detective Alex Hechavarria conducted this two -month
34 investigation. He detailed the process used for a narcotics
35 investigation. He related that this is a very time consuming
36 procedure. He said that operation Cold Snap was a well put
37 together operation that net 13 offenders with minimum risk to the
38 safety of the officers`involved. He said some of the offenders
39 were arrested during the last drug operation and were out on bond
40 committing the same crimes all over again. He voiced assurance
41 that as long as the offenders continue to do what they are doing
42 the police department will continue with the drug operations.
43
44 Detective Alex Hechavarria appeared before the City
45 Commission and presented a slide presentation of Operation Cold
46 Snap [Changing Officers lawfully deployed to Save Neighborhood
47 and People]. He shared his professional history with the South
48 Miami Police Department. He related that for the last couple of
49 years he's headed up the narcotics unit for the South Miami
50 Police department. He acknowledged and thanked Captain Salerno,
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1 Lt. Bruce Ross, Sgt. Morton, Detective Vesely, Detective Gilbert,
2 Officer Barrio, Officer Pulido, and Administrative Secretary
3 Alexandra Brutus for their invaluable assistance. He also
4 acknowledged the Drug Enforcement Administration Group 41, the
5 United States Secret Service, Miami Beach Police Department, Bal
6 Harbor Police Department, Homestead Police Department and North
7 Miami Beach Police Department for their involvement.
8
9 Detective. Hechavarria recounted that this operation
10 commenced on December 18, 1998 and concluded with the last
11 narcotics purchase on January 28, 1999. During this six -week
12 period over twenty -five audio and video recorded purchases were
13 made. This resulted in sixteen subjects being positively
14 identified as sellers.. The targeted areas for this operation are
15 where high narcotics related activities occur. He credited the
16 individuals in the community for providing information to the
17 police department. All suspects were being arrested for sales of
18 narcotics within 1000 feet of a church or school. This carries a
19 minimum mandatory sentence of three years per sales. All arrest
20 affidavits have been completed and will be available at the time
21 the arrests are executed- and the prisoners are transferred to
22 SMPD for processing. He said one of the problems the police
23 department is having with the court system is that each sale
24 within 1000 feet of a school or church carries a minimum sentence
25 of three years but most of the offenders take a plea bargain and
26 are put right back on the streets. He urged citizens to get
27 involved by contacting their local lawmakers to seek the minimum
28 sentence for the offenders and no more plea bargains. He
29 related that some of the offenders only spend nine months in jail
30 when they should be spending three years. He shared that he is
31 out there arresting the same individuals time and time again. He
32 emphasized that the safety of the officers involved in these
33 operations is a high priority. He identified the subject
34 arrested and listed their criminal history. He also indicated
35 that there were three individuals still at large.
36
37 Detective Hechavarria thanked Mayor Robaina, Chief Watson
38 and City Manager Scurr for their presence during this operation.
39
40 Chief Watson announced that Detective Hechavarria recently
41 had anew member added to his family. He acknowledged Detective
42 Hechavarria wife and children that were present in the audience.
43
44 Detective Hechavarria emphasized the importance of having
45 the community's support to assist with the drug operations and
46 the lawmakers to ensure the minimum sentence is given.
47
48 Mayor Robaina related that it was quite an experience being
49 a part of Operation Cold Snap. He commended all parties
50 involved.
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1
2 Chief Watson acknowledged Captain Feldman for doing a great
3 job with media relations. He said that the community needed to
4 understand that the police department would go whether there is a
5 drug problem and isn't limited to one part of the community. He
6 thanked the citizens in the affected area for providing the
7 police department with the necessary information.
8
9 Mayor Robaina congratulated Detective Hechavarria and his
10 wife on the birth of their new baby. He encouraged the citizens
11 to contact their local lawmakers regarding the minimum sentencing
12 guidelines.
13
14 Manager Scurr thanked Mayor Robaina for attending this
15 operation and opined that it was important to give people a feel
16 for the level of activity, sophistication, and excellent work
17 that is going on in the community.
18
19 Manager Scurr related that the City has essentially three
20 different computer systems within the City. First is the police
21 department and with the upgrades that were approved in last
22 year's budget the city is making excellent progress and is on
23 scheduled to be fully Y2K compliance. The City administration's
24 e-mail system is a Windows two base system, which is already
25 fully Y2K compliance. The downside is that the City's Finance
26 department database and finance system is an AS 400 base system.
27 That system is not now Y2K compliance. He recounted there is
28 some complicated factors involving very difficult negotiations
29 and may in fact lead to litigation with the computer provider.
30 He said at this point the computer provider is still agreeing to
31 complete the Y2K update. A cost estimate will be presented which
32 could be in the range of $20 -25 thousand dollars..
33
34 Manager Scurr related that City Administration has made some
35 excellent progress with SPG Phase One negotiations. The deadline
36 for negotiations has been rescheduled from January 30th to
37 February 28'. All parties have been advised that the City did
38 not intend to extend negotiations beyond that point.
39
40 Attorney Gallop credited Attorney Luis Figueredo for his
41 excellent negotiation skills in this process.
42
43 Manager Scurr shared that Attorney Figueredo has also been
44 placed on the negotiation team for the 71St Parking Garage
45 project.
46
47 Manager Scurr said that some good progress has been made
48 with the Murray Park Multi - Purpose Center Phase one. He said an
49 item would be added to the official agenda tonight which
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1 authorizes the city to go ahead and begin the bidding process for
2 the WASA improvements.
3
4 Mr. Subrata Basu, Assistant City Manager/ Planning & Zoning
5 appeared before the City Commission to report on the Kendall 826
6 MIA project. He said that the developers had identified nine
7 alternatives, which were presented at various community meetings.
8 A professional evaluation has been done and based on that three
9 options were recommended. 1) Kendall Drive and Homestead
10 Extension; Kendall and 826; and Kendall and CSX. He said the
11 option that this community was concerned with was "totally
12 flagged" due to the community's input. The consultants
13 recommended that top three options be considered for further
14 study. The Citizens Action Committee took a vote and passed a
15 resolution to that affect. The Technical Advisory Committee did
16 not concur with the consultants' recommendation and added two
17 more options to that list with one being Alternate 9. Miami -Dade
18 County Transit Agency is on record endorsing the recommendation
19 by the Citizens Action Committee. On March 4, 1999, Miami -Dade
20 County Commissioner Reboredo is sponsoring a resolution formally
21 asking Miami -Dade County to remove Alternate 9 from further
22 consideration.
23
24 Mr. Basu reported on the Shaw Nursery PUD. He said there
25 were a number of issues that keeps coming up as being annoying to
26 the residents. He conveyed that he would be reviewing the
27 Development Order and visiting the construction site to hopefully
28 address some of these issues.
29
30 Commissioner Feliu shared that he'd received a letter from
31 one of the residents concerned about the height of the paving.
32
33 Mr. Basu said there are a number of issues such as drainage
34 problems construction vehicles and traffic and sewage
35 installation that's been going on beyond what was expected. He
36 said that those issues would be addressed with the developer.
37
38 Mayor Robaina shared that he'd spoken with Brandon Lurie the
39 developer of this project and has been assured that he will work
40 to make sure an amicable solution can be reached.
41
42 Manager Scurr said one of the requirements in the
43 Development Order for the Shops At Sunset Place provides that the
44 City be provided with traffic signage and parking plan. One of
45 the items to be added onto the agenda tonight as a result of the
46 community workshop on traffic is to re- engage the firm of M.C.
47 Harry to finish the traffic analysis complete with various
48 alternative solutions. This service under the terms of the
49 development order is reimbursable by the developer. He related
50 that the City has so advised the developers of the City's intent.
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Manager Scurr shared that administration has spent a lot of
time with representatives from the Shops At Sunset Place about
their security plan. He said it is critical that the city be
satisfied with their level of security and whether or not it is
sufficient.
Manager Scurr related that two ordinances would be coming
before the City Commission for first reading at the next City
Commission meeting on March 2nd,. The first is a citywide parking
ordinance. After a review of the City's existing parking
ordinances it is clear that they are insufficient and need to be
clarified. He said a clarification needs to be made as to under
what conditions surplus and none code required parking can be
reused in the evenings and on weekends. There are a couple of
places at present where some of the local property owners are
getting too energetic. In one case the property owner is trying
to let a valet company use parking that is required for existing
restaurants. Another instance is where the property owner is
reported to be charging five dollars for parking spaces in a
strip shopping center even though that shopping center is open
and businesses are open within. Those are the types of things
that are not allowed. He said the city wanted to encourage those
with office buildings that are not using the parking at all on
nights and weekends to have those lots utilized for valet parking
and self -park operations. He said there would also be an
ordinance on for first reading regarding select moratorium on
construction in the Hometown District. He said administration
wanted to be very careful as the parking and traffic problems are
solved to not do things that contribute to the problem. He
explained that the Hometown District provides for a number of
incentives whereby developers can build less parking than is
required by the code. He said administration wanted to place
either a moratorium or a special exception type process whereby
parking reductions are not guaranteed.
Manager Scurr announced that the City would have some
special events coming up this weekend. February 2 -21, 1999 the
Red Sunset Merchants Association's Art Festival would take place.
He announced that the time and date of the CRA meeting has been
shifted to the first Monday of the month beginning at 7:30 p.m.
Manager Scurr said the much anticipated and awaited State of
the City Address would be held on February 22, 1999 at 6 :00 p.m.,
at South Miami Hospital. South Miami Hospital is underwriting
the event. All the proceeds from the event will go to benefit
the Alliance For Youth, Abilities of Florida and South Miami
Hospital Children Charities.. He said this will be the first ever
State Of The City. Address. He encouraged every one to
participate.
REGULAR CITY COMMISSION 8
MINUTES - February 16, 1999
1
2 Commissioner Feliu inquired as to why the moratorium
3 ordinance regarding construction in the Hometown area was not on
4 tonight's agenda.
5
6 Manager Scurr said that this item would be on the next
7 agenda. He related that one of the things one has to be very
8 careful with when imposing moratoriums of any type is that they
9 have to be properly developed. The moratorium would be imposing
10 restrictions on development rights of certain property owners.
11
12 Commissioner Feliu inquired as to why it is taking so long
13 to get the appropriate wording done for this issue.
14
15 Attorney Gallop conveyed to Commissioner Feliu that this was
16 not an overly difficult thing to do in preparing the draft
17 moratorium ordinance. He said administration has taken the time
18 to identify the provisions of the Land Development, which would
19 be most affected. He said that this item would be ready for the
20 next agenda.
21
22 Commissioner Feliu related that he'd been told last meeting
23 that this item would be ready for this Commission meeting.
24
25 Attorney Gallop indicated that administration wasn't able to
26 have the document completed for this meeting. He related that
27 the Planning Department is reviewing the subject matter and would
28 have it ready for the next agenda.
29
30 Mayor Robaina thanked Manager Scurr and staff for doing a
31 great job with the traffic and parking workshop. He shared that
32 he's received a lot of applications from concerned citizens
33 wishing to be appointed to the Hometown District Parking
34 Committee. He related this is why he was expanding the board.
35
36 Mayor Robaina invited Mr. Ralph Smathers to come forward for
37 comments.
38
39 Mr. Ralph Smathers of 7320 SW 65th Avenue appeared before
40 the City Commission to express his views about the dirty politics
41 and mismanagement of city government. He opined that the City
42 has the best City Commission it could possible have at this time
43 and mostly he admired the way they have handled their job.
44 Nevertheless they are being criticized by individuals and by the
45 South Miami Homeowner Association. He opined that the
46 Commission's predecessors sold the wind and this Commission is
47 now reaping the whirlwind. Under the present circumstances it
48 would be very difficult for the City Commission to keep the
49 perspective and best civic interest of South Miami citizens. He
REGULAR CITY COMMISSION 9
MINUTES - February 16, 1999
1 said it appears that some panics are coloring decisions. He
2 emphasized that this must not happen.
3
4 Mr. Smathers asked that the Commission seriously consider
5 the following; 1) do not allow the City of South Miami to become
6 the City of the Shops At Sunset Place; 2) do not allow the City
7 of South Miami to become the City of Commercial confusion. He
8 asked how did the City got the Hometown Plan when the emphasis is
9 on commercial development. South Miami is a very pleasant
10 bedroom community, which is not compatible with efforts to turn
11 it into a business metropolis. He said the City is not a partner
12 with the Shops At Sunset Place but is acting like one and that is
13 very dangerous. Developers are professionals. Any mistakes they
14 make are not the responsibility of the City. The SHOPS was
15 suppose to provide money to the City not siphoned it off which is
16 exactly what's being done at present. Traffic and access
17 problems have been known for the past forty or more years as
18 being one of the most important considerations when building a
19 successful shopping center. He opined that shopping centers
20 developments are not based on consumer need or consumer desire
21 but on the availability of money. He said that developers would
22 build when easy money is available. He said it is a fact that
23 the Debartelow Group hasn't always succeeded. He said that it is
24 also a fact that this Group has already disposed of a substantial
25 part of their ownership in the Shops At Sunset Place. He
26 questioned whether or not the Shops At Sunset Place, an
27 entertainment complex were a fad. He conveyed that the City of
28 South Miami should not invest in Shopping Centers. He said there
29 is no guarantee that the Shops At Sunset Place will not have the
30 same fate as the Bakery Center. There is also no guarantee that
31 a walkway over US One will make them succeed. There is no
32 guarantee that people will use Metro Rail to reach the SHOPS. He
33 related that as trustees of the citizens of the City of South
34 Miami, the Commission could not take such changes. He advised
35 the Commission to let the SHOPS solve their own problems. He
36 asked the Commission members to be the best that it can to solve
37 local citizen's traffic and parking problems without large
38 commitments of taxpayers' money.
39
40 Mr. Smathers opined that the parking garage approved by the
41 prior Commission was badly conceived, badly planned, badly
42 located and badly handled through an inadequate bidding process.
43 It was railroaded politically for the benefit of one bidder.
44 There were too many potential problems and too optimistic
45 projections for income. He asked if adequate legal steps had been
46 taken to protect the city from lost if the garage flaps
47 financially. He predicted that the garage would fail. He said
48 his prediction comes from forty —four years of experience in
49 significant aspects of the real estate business. He said a lease
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MINUTES - February 16, 1999
1 longer than thirty (30) years should never be allowed for any
2 transaction involving the property of the citizens.
3
4 Mr. Smathers said the city has top level executives and
5 department heads. With their experience and the resources
6 available to them the City should never have to pay extra for
7 outside assistance.
8
9 Mr. Smathers referenced the apartment complex in the CRA
10 area that was demolished [Mt. Nebo /Destiny Property] and said
11 that there has been a serious failure in the City's
12 administration and especially the police department that this has
13 been allowed to exist for so long. He asked why wasn't it
14 demolished years ago with the cost being paid for by the owner.
15 He also asked why the police department did not raid this
16 property and put the trespassers in jail. He inquired as to
17 whether or not the City had placed a lien on this property to
18 cover the demolition cost and if the City would have any control
19 over the $100,000 grant allocated for this property to be
20 improved.
21
22 Mr. Smathers referenced the increase in parking fees. He
23 said in Coral Gables one can park for twelve minutes for a dime,
24 but in South Miami one only gets eight minutes for a dime. He
25 inquired as to why the fifteen- minute free parking was eliminated
26 from the library.
27
28 Mr. Smathers related that New York City has initiated a new
29 rule that the vehicles of drunk drivers would be confiscated. He
30 commented that if something like that can be done in New York
31 City isn't the City's own drunk drivers entitled to equal
32 treatment. He suggested adopting an ordinance requiring that a
33 gun in a car is a concealed weapon. Further authorize the
34 confiscation of such a vehicle when the owner or driver does not
35 have a State of Florida permit to carry a concealed weapon. He
36 reiterated his admiration for Mayor Robaina and the members of
37 the City Commission.
39 Mayor Robaina thanked Mr. Smathers for his comments and
40 asked that staff be prepared to respond to the suggestions made
41 by Mr. Smathers either at tonight's meeting or the next meeting.
42
43 2. City Attorney's Report:
44
45 Attorney Gallop related that there were four items he wanted
46 to discuss tonight. The first issue relates to the noise at the
47 Mike Light Stadium. He recounted that he'd issued a letter to
48 the Director of Athletic Department at the University of Miami
49 emphasizing the seriousness of this problem. He shared that the
50 Director of Athletics had contacted his office on yesterday
REGULAR CITY COMMISSION 1 1
MINUTES - February 16, 1999
1 however, he wasn't able to return the call. He voiced
2 anticipation that some time this week he along with the City
3 Manager will meet with the Director of Athletics to discuss the
4 problem. He said any progress made in this endeavor would be
5 discussed at the next Commission meeting. The second item is a
6 request for advice by Mayor Robaina. This relates to a proposal
7 by a gentleman to create a web site for the City at no cost. He
8 said even though a service is being provided without a fee the
9 city's bidding requirements directly apply. He recommended that
10 the City Commission control the use of any City assets as well as
11 control the generation of revenue in the City's name that may be
12 involved if someone establishes a web site in the name of the
13 City of South Miami. The name is a viable asset. If the City
14 acknowledges and allows the person to create the web site using
15 the City of South Miami's name. The City is therefore sponsoring
16 that person providing that service. That person is advertising
17 local businesses and getting revenues for it. This is a revenue
18 that perhaps the City should be getting. He strongly
19 recommended that no one be allowed to create a web site on behalf
20 of the City of South Miami because administration hasn't had an
21 opportunity to evaluate it without going out for bid or until a
22 resolution of this Commission is adopted authorizing such
23 service.
24
25 Attorney Gallop reported from his point of view for setting
26 the record straight on an article that appeared in the Miami
27 Herald on last Thursday concerning the status of negotiations
28 with the parking garage on 73rd Street. He said that the article
29 both surprised and disappointed him. He recounted approximately
30 a week prior to the article administration was requested by the
31 developer's negotiation party to not have any conversation with
32 the press about this. He said that when this article was printed
33 he was surprised that the developer went against his own request
34 to talk to the press and give them his side of his complaint
35 about the status of negotiations. He conveyed that he questions
36 the motivation. A number of items that were complained about
37 were really minor items. One complaint was that the City had to
38 get a quick claim deed because the quality of the title was not
39 sufficient for that particular property. The deed of the
40 property had a restriction that says, "the property had to be
41 used for parking lot purposes The other parties involved in
42 the negotiations raised the question that may be that restriction
43 was not good enough to support a parking garage. He related that
44 the City paid a small amount to have title work done and provide
45 clear title to that property. Additionally, it was stated that
46 the City had still not given an easement. He related that he's
47 asked and continues to ask for legal authority that that dictate
48 the City is required to give an easement. He said that he was
49 not in a position as the City Attorney for the City in regards to
50 City property, money and giving away city assets unless its
REGULAR CITY COMMISSION 12
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1 thoroughly discussed that it has to be done. He related that
2 he'd seen no legal authority for that provision.
3
4 Attorney Gallop related that the other complaint is that
5 when the survey was done it was revealed that the property was
6 not exactly as it was presented in the survey that was attached
7 to the RFP. He said there is approximately a five -foot
8 difference. The developer the hired the same surveyor used by
9 the City. He opined situation is amount money. He said the
10 City's Charter only allow the lease of city property for thirty-
11 years. The developer is proposing a fifty -year or longer lease.
12 He said the City accepted what it perceived to be the best offer
13 and set of circumstances upon which to negotiate. He said it was
14 made very clear that all of the terms and conditions in the offer
15 were subject to negotiations. He said from his projections the
16 developers could make an adequate profit within thirty years. He
17 conveyed that money was the motivating factor as to why the
18 newspaper article was written to benefit the developer.
19
20 Attorney Gallop related that administration is prepared to
21 conclude the negotiations by this coming Friday. He voiced
22 administration's anticipation of bringing to the Commission a
23 transaction recommendation. He related that if administration
24 could not reach an agreement and could not recommend a
25 transaction the Commission would be apprised of that as well. He
26 said if the Commission felt that it would like a second opinion
27 he'd encourage them to do so.
28
29 Attorney Gallop reported on the vehicle forfeiture subject
30 matter that was raised by Commissioner Feliu at the last City
31 Commission meeting. He recounted that Commissioner Feliu had
32 asked if a vehicle could be taken when it is found to be carrying
33 an illegal concealed firearm. He said that Florida has the
34 Florida Contraband. Forfeiture Act that empowers cities to
35 confiscate vehicles in which illegally concealed firearms
36 occurred; of the firearm is used in a unrelated felony such as
37 aggravated battery with a deadly weapon. He said the Florida
38 Third District Court of Appeals where Judge Wilkie Ferguson wrote
39 the opinion that when Miami Shores attempted to confiscate a
40 vehicle that was carrying an illegally concealed firearm that no
41 other crime was involved. He shared that narcotics, was also
42 found in the vehicle. However, this was not a close enough
43 connection to another felony to justify confiscation of the
44 vehicle. Judge Ferguson's opinion has been followed by the Second
45 District Court of Appeals based in Tampa, and by the Fifth
46 District Court of Appeals based in Jacksonville. He related that
47 there is also the Gang Prevention Act that provides for the
48 enhancement of criminal penalty by one degree. It also provides
49 for the confiscation and forfeiture. He said that he was using
50 the word [forfeiture which means take the property away] as a
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1 step beyond confiscation proceedings. He said this provision was
2 amended by the State Legislature to authorize the forfeiture of
3 vehicles under the Florida Contraband Forfeiture Act. He
4 recounted in November of this past year the Second District Court
5 in Tampa struck down a provision of the Statutes because it based
6 it's criminal and forfeiture fully on membership in a gang
7 unrelated to criminal activity. He said the due process analysis
8 would come into play as to what will justify increased penalties
9 or forfeiture of vehicles. He said a due process personality
10 test is also required. He commented is it a violation of the
11 Constitutional amendment prohibition of excessive fines and
12 penalties to take cars based on a misdemeanor amount of
13 narcotics. He said the answer is sometimes yes and sometimes no
14 as to whether or not a car can be taken if the amount of
15 narcotics found is a felony.
16
17 Attorney Gallop opined that it is possible for the City to
18 adopt its own forfeiture ordinance. The objective would be to
19 show the courts what appears to be a gap in which carrying a
20 concealed weapon would be considered a felony. He commented that
21 maybe in some cases where the perpetrator has an extensive
22 criminal background the Courts might approve the forfeiture. He
23 opined to have the authority and to use it successful a great
24 deal of judgment is to be used. He said if the City were to
25 adopt such an ordinance it would be the first in the State of
26 Florida and the City should be prepared to stand behind its
27 ordinance because it could be challenged all the way to the
28 Florida Supreme Court.
29
30 Commissioner Feliu asked what would happen if a person is
31 carrying an Uzi in his vehicle.
32
33 Vice Mayor Oliveros related that an Uzi is illegal and it is
34 a felony to carry such a firearm.
35
36 Captain Feldman related that he and Attorney Gallop had had
37 an opportunity to meet and discuss this proposed ordinance. He
38 recounted that he's worked forfeiture since 1984. He related that
39 the remodeling of the police department did not come from public
40 funds but solely from funds that were seized from drugs and other
41 felony arrest. He said independent of each they both came up
42 with the same DCA Opinions which pointed against procedures
43 solely on the basis of carrying a concealed firearm. He voiced
44 that he was familiar with the Village of Miami Shores' case where
45 the Village had to pay out a great deal of money. He said this
46 isn't something that the City can take lightly. He said that it
47 also cost a lot to litigate these issues. He voiced his support
48 of Commissioner Feliu's effort to get the guns off the street.
49 He said one of the alternative suggestions is a day where people
50 can bring in their firearms with no questions asked.
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Commissioner Feliu asked what are the chances of something
like this happening
Captain Feldman said this program has been conducted in
other jurisdictions and firearms were turned in. He said the
size of the population dictates the amount of response would be
received.
Manager Scurr related that there have even been programs
where an incentive or reward was given for anyone turning in a
firearm. -
Captain Feldman suggested
merchants would like to make a
donating goods and or services.
that perhaps some of the local
contribution to this effort by
Mayor Robaina asked how soon could administration put
something like this together.
Captain Feldman replied within a month.
Commissioner Feliu asked that the o- rdinance also be followed
through on.
Attorney Gallop asked Captain Feldman over the course of the
last year how many arrest were made whereby motorist were found
to have illegal firearms.
Captain Feldman said a minimum at best,. He pointed out that
within the last eight to ten months he knew of no instance where
there were any road raids have occurred within South Miami's
jurisdiction.
Commissioner Feliu asked for clarification purposes if there
was no way to pursue this issue.
Captain Feldman reiterated that anytime the City can get a
firearm of the street he's all for the idea.
Commissioner Feliu said the whole purpose behind this is to
prevent something from happening.
Captain Feldman shared that the police department has always
had a policy whereby if someone had a firearm that they don't
want anymore the department would accept the weapon when it is
turned in.
Commissioner Feliu suggested having the Police Benevolent
Association assists with this process.
REGULAR CITY COMMISSION 1 rJ
MINUTES - February 16, 1999
1
2 Attorney Gallop relayed that he'd be happy to seek
3 additional counsel.
4
5 Commissioner Russell asked if forfeiture funds could be used
6 to purchase an additional radar gun for the police department.
7
8 Captain Feldman said there are certain restrictions placed
9 on the forfeiture funds. Example it can not be used to replace
10 general revenues. However, if technology is being enhanced or
11 starting a new program the funds could be used.
12
13 Commissioner Russell asked if police training would be an
14 item that is covered by forfeiture funds.
15
16 Captain Feldman replied that the funds could be used for
17 that purpose.
18
19 Attorney Gallop shared that Commissioner Russell had asked
20 him to prepare a Resolution relating to the preservation of the
21 TEQUESTA CIRCLE for tonight's agenda.
22
23 Captain Feldman interjected and shared that the police
24 department had recently purchased two laser guns from forfeiture
25 funds for speed control.
26
27 Commissioner Russell shared that she's been approached
28 recently by a number of people interested in doing business and
29 development in the City of South Miami. She conveyed that she
30 was concerned about the "Cone of Silence" ordinance adopted by
31 Miami Dade County. She asked if a workshop was in order so that
32 all can completely understand what their legal limitations and
33 liabilities are.
34
35 Attorney Gallop said that there is an Ethics ordinance on
36 tonight's agenda for first reading. He said that he would review
37 the "Cone of Silence" portion of that document. He related that
38 he'd also be very please to give a workshop to this Commission as
39 well as Board members. He said that he is also available for
40 individual discussions with the City Commission.
41
42 Commissioner Russell asked if the City would be following
43 Miami -Dade County's provision by supplying a disclosure or
44 disclaimer informing developers that this ordinance is in place.
45
46 Attorney Gallop said that this would be provided. He said
47 that he'd shared with Manager Scurr a copy of Miami -Dade County's
48 request for proposal, which has that language in it.
49
REGULAR CITY COMMISSION 16
MINUTES - February 16, 1999
1 Commissioner Feliu referenced the CRA Consultant contract
2 and said there will come a time when the CRA will no longer need
3 this individual's assistance. He conveyed that as an individual
4 who is responsible to the taxpayers it behooves him to say that
5 enough is enough. He said that the City has a very capable CRA
6 Director in Ms. Morris. The City also has the guidelines for the
7 CRA. The funds being spent on the CRA Consultant could be better
8 spent creating a better infrastructure in the CRA or other parts
9 of the community. He commented that the Commission has this
10 obligation and has to be fiscal responsible. He conveyed that
11 this issue should be discussed between the City Commission
12 members to determine whether or not the CRA Consultant's services
13 should be continued.
14
15 Attorney Gallop opined that Commissioner Feliu was talking
16 about having a discussion that identifies the end point for the
17 consultant's services so that the consultant knows what's
18 expected of him.
19
20 Commissioner Feliu conveyed his understanding that the
21 guidelines have already been set and all the Commission members
22 have to do is follow those guidelines. He said the funds could
23 then be better utilized elsewhere.
24
25 Attorney Gallop asked if the CRA Board or the City
26 Commission hired the CRA Consultant.
27
28 Assistant Manager Morris indicated that the City Commission
29 hired the Consultant.
30
31 Attorney Gallop said a resolution could be drawn up whereby
32 discussion would be held or discussion could be held during the
33 City Attorney or City Manager's report. He suggested having a
34 special agenda item on this matter at the next Commission
35 meeting. He strongly suggested having a discussion on what was
36 expected out of the CRA Consultant and come to a decision as to
37 what the end point is before a resolution is entertained.
38
39 After there were no further questions or comments for the
40 City Attorney this report was concluded.
41
42 Mayor Robaina invited Ms. Patricia Ritter representing the
43 Red /Sunset Merchants Association to come forward for
44 presentation.
45
46 Ms. Ritter appeared before the City Commission and presented
47 the City with a framed poster of this years Arts and Crafts
48 Festival scheduled for February 20 -21, 1999..
49
50
REGULAR CITY COMMISSION 17
MINUTES - February 16, 1999
1
2
3
4
Moved by Commissioner Feliu seconded by Commissioner
5
Russell to add the following items to the official Agenda.
6
7
1)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
8
SOUTH MIAMI, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM
9
NOT TO EXCEED $25,000.00, TO M.C. HARRY & ASSOCIATES, INC.,
10
FOR A CENTRAL BUSINESS DISTRICT AND RESIDENTIAL NEIGHBORHOOD
11
TRAFFIC STUDY AND TO INVOICE THE SHOPS AT SUNSET PLACE FOR
12
THE STUDY EXPENSES.
13
14
2)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
15
SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENT OF THE WATER
16
SUPPLY INFRASTRUCTURE AT THE CITY OF SOUTH MIAMI MULTI -
17
PURPOSE CENTER SITE (MURRAY PARK) ; AUTHORIZING THE CITY
18
MANAGER TO SOLICIT BIDS FOR THE IMPROVEMENT AND APPROVING
19
THE COST TO BE CHARGED TO OCED GRANTS CONSTRUCTION FUND.
20
21
3)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
22
SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN PARKING
23
COMMITTEE; APPOINTING ED BOAS TO SERVE FOR A TWO YEAR TERM
24
ENDING FEBRUARY 16, 2001 OR UNTIL A SUCCESSOR IS DULY
25
APPOINTED AND QUALIFIED.
26
27
4)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
28
SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
29
REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE
30
APPOINTMENT OF HELEN DIAZ AND CHARETE B. PLUMMER FOR TWO
31
YEAR TERMS ENDING FEBRUARY 16, 2001 OR UNTIL SUCCESSORS ARE
32
DULY APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN
33
EFFECTIVE DATE.
34
35
5)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
36
SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION
37
COMMISSION; PROVIDING FOR THE APPOINTMENTS OF HUMBERTO
38
RIVERO, MARK DIAZ, KATHLEEN A. FLYNN AND JERRY PROCTOR TO
39
SERVE FOR TWO YEAR TERMS ENDING FEBRUARY 16, 2001 OR UNTIL
40
SUCCESSORS ARE DULY APPOINTED AND QUALIFIED.
41
42
6)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE` CITY OF
43
SOUTH MIAMI, RELATING TO HISTORIC PRESERVATION; STATING THE
44
CITY OF SOUTH MIAMI�S RESOLVE TO PRESERVE THE TEQUESTA
45
CIRCLE ON THE MIAMI RIVER; URGING THE CITY OF MIAMI AND THE
46
MIAMI -DADE COUNTY COMMISSIONS TO PURCHASE THE SITE AND THE
47
PRESERVE THE PRECIOUS CULTURAL HERITAGE CONTAINED AT THE
48
SITE IN PERPETUITY; PROVIDING AN EFFECTIVE DATE.
REGULAR CITY COMMISSION 18
MINUTES - February 16, 1999
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There being no discussion, the motion passed by a 5 -0 vote.
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Vice Mayor Oliveros: Yea
Commissioner Russell: Yea
Mayor Robaina: Yea
CONSENT AGENDA
RESOLUTION NO. 32- 99- 10656
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ADOPTING GUIDELINES FOR
RECOMMENDATIONS FROM THE SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY AND ADVISORY BOARD REGARDING
MATTERS AFFECTING THE COMMUNITY REDEVELOPMENT AREA.
3/5
Moved by Mayor Robaina, seconded by Commissioners Russell
and Bethel to approve this item with the City Clerk assigning the
next available number.
There being no discussion, the Consent Agenda passed by a 5-
0 vote.
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Vice Mayor Oliveros: Yea
Commissioner Russell: Yea
Mayor Robaina: Yea
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
There are none
RESOLUTION (S) HEARING
There are none
RESOLUTION (S)
RESOLUTION NO. 33 -99 -10657
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH MIRI CONSTRUCTION
CORPORATION, TO PERFORM CITY- WIDE STREET PAVING AND
THERMOPLASTIC MARKING AT A COST NOT TO EXCEED
$40,000.00, AND CHARGING THE DISBURSEMENT TO "LOCAL
OPTION GAS TAX- MAINTENANCE AND REPAIR OF STREETS AND
PARKWAYS" ACCOUNT NO. 112- 1730 - 541 -4640.
REGULAR CITY COMMISSION
MINUTES - February 16, 1999
19
1 (Mayor Robaina) 3/5
2
3 Moved by Mayor Robaina, seconded by Commissioner Bethel to
4 approve this item with the City Clerk assigning the next
5 available number.
6
7 Mayor Robaina invited Fernando Rodriguez, the City's Public
8 Works Director to come forward to explain this item.
9
10 Mr. Rodriguez said this particular contractor has been
11 working for the City of Coral Gables for a number of years. This
12 is a highly reputable firm. He said this also provides the City
13 with an opportunity to have a second inspection contractor on
14 board.
15
16 Commissioner Russell asked if this would address the
17 currently projects on hold.
18
19 Mr. Rodriguez replied that it would.
20
21 There being no further discussion, the motion passed by a 5-
22 0 vote.
23
24 Vine Mayor Oliveros: Yea
25 Commissioner Feliu Yea
26 Commissioner Bethel: Yea
27 Commissioner Russell: Yea
28 Mayor Robaina: Yea
29
30 RESOLUTION NO. 34 -99 -10658
31 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
32 CITY OF SOUTH MIAMI, AUTHORIZING THE 'CITY MANAGER TO
33 DISBURSE A SUM NOT TO EXCEED $25,000.00 TO M.C. HARRY
34 & ASSOCIATES, INC., FOR A CENTRAL BUSINESS DISTRICT AND
35 RESIDENTIAL NEIGHBORHOOD TRAFFIC STUDY AND TO INVOICE
36 THE SHOPS AT SUNSET PLACE FOR THE STUDY EXPENSES.
37
38 Moved by Vice Mayor Oliveros, seconded by Commissioner Feliu
39 to approve this item, with the City Clerk assigning the next
40 available number.
41
42 Manager Scurr recounted that a number of traffic studies
43 have been done at various points in the evolution of the Shops At
44 Sunset Place. He said one of the critical points when the SHOPS
45 actually opened there would be real hard data in which to do a
46 traffic study. Earlier studies from Miami -Dade County had
47 advanced a number of suggestions in terms of additional signal
48 lights. Miami -Dade County has essentially put all that on hold
49 pending the completion of actual counts. This would be a
50 comprehensive study of the real conditions existing both in the
REGULAR CITY COMMISSION 2 0
MINUTES - February 16, 1999
1 central business district and residential areas including 80th
2 Street. There would be three phases that would go all the way
3 through the developers' recommendations. The twenty -five
4 thousand dollars is reimbursable by the Shops At Sunset Place.
5 He related that the studies have to be completed before the final
6 Certificate of Occupancy is granted to the Shops At Sunset Place.
7
8 Mayor Robaina inquired as to whether or not the SHOPS have
9 been notified that this expense would be charged to them.
10
11 Manager Scurr shared that a letter was sent as well as
12 verbal communication advising the SHOPS representatives of the
13 City's intention.
14
15 There being no further discussion, the motion passed by a 5-
16 0 vote.
17
18 Vice Mayor Oliveros: Yea
19 Commissioner Russell: Yea
20 Commissioner Feliu: Yea
21 Commissioner Bethel: Yea
22 Mayor Robaina: Yea
23
24 RESOLUTION NO. 35 -99 -10659
25 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENT
27 OF THE WATER SUPPLY INFRASTRUCTURE AT THE CITY OF SOUTH
28 MIAMI MULTI- PURPOSE CENTER SITE (MURRAY PARK);
29 AUTHORIZING THE CITY MANAGER TO SOLICIT BIDS FOR THE
30 IMPROVEMENT AND APPROVING THE COST TO BE CHARGED TO
31 OCED GRANTS CONSTRUCTION FUND.
32
33 Moved by Vice Mayor Oliveros, seconded by Commissioner
34 Russell to approve this item, with the City Clerk assigning the
35 next available number.
36
37 Manager Scurr said that Miami Dade Water and Sewer
38 Department felt that an additional increase in the portable water
39 supply was needed. He said administration's disagreement is
40 whether or not this is required for Phase One verses Phase Two,
41 which is a much larger project. He said this expenditure is one
42 hundred percent reimbursable by the OCED grant. Administration
43 is requesting authority to go out and solicit the bid. This
44 should give Miami -Dade County's Water and Sewer Department enough
45 confidence to issue the permit so that construction can begin.
46
47 Mayor Robaina conveyed that the City Commission wanted this
48 done in the shortest possible time. He stressed the importance
49 of getting this project underway. He said the City needs to
50 deliver.
REGULAR CITY COMMISSION 2 1
MINUTES - February 16, 1999
1
2 Manager Scurr related that Miami -Dade County Office of
3 Community and Economic Development have taken all of the biding
4 information relating to Bauda Construction and promised a quick
5 turnaround in terms of approving that contract. He said as soon
6 as this is done by OCED the City would bean a position to begin
7 construction within seven days. He shared that one of the other
8 things that came out of the meeting with OCED is that the City
9 has three years worth of CDBG Block grant funding allocated.
10 Miami -Dade County has a major push to require all grantees to
11 expend all of those funds by December 31, 1999 If the funds are
12 not expended the City stands the risk of loosing those funds.
13 The Phase Two design would be an eligible CDBG expense. The City
14 would be putting out in the next couple of weeks a competitive
15 RFP for Architectural Services. The City Attorney has indicated
16 that because of the size of the project the City couldn't use one
17 of its retainer firms. Miami -Dade County also requires a pre -
18 sign off on the RFP..
19
20 Mayor Robaina inquired as to whether or not the CDBG funding
21 the City is receiving has to be targeted for Murray Park.
22
23 Manager Scurr said the funding is specifically approved for
24 certain projects. He said there are three grants, which total in
25 the range of a quarter million dollars for Murray Park. There is
26 also a traffic - calming project at 64th Street and 59th Place which
27 one hundred and twenty -five thousand dollars was allocated. He
28 related that administration is having a problem with the Miami-
29 Dade Water and Sewer department in installing some new storm
30 sewers at 64th and 59th Place. The City was also awarded two
31 additional grants for Marshall Williamson Park ($50,000) and
32 Traffic Calming Project ($58,000).
33
34
35 There being no further discussion, the motion passed by a 5-
36 0 vote.
37
38 Commissioner Bethel: Yea
39 Commissioner Feliu: Yea
40 Commissioner Russell: out of room
41 Vice Mayor Oliveros: Yea
42 Mayor Robaina: Yea
43
44 RESOLUTION NO. 36 -99 -10660
45 8 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
46 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN
47 PARKING COMMITTEE; APPOINTING ED BOAS TO SERVE FOR A TWO
48 YEAR TERM ENDING FEBRUARY 16., 2001 OR UNTIL A SUCCESSOR
49 IS DULY APPOINTED AND QUALIFIED.
50
REGULAR CITY COMMISSION 22
MINUTES - February 16, 1999
1
Moved by Mayor Robaina, seconded by Vice Mayor Oliveros to
2
approve this item, with the City Clerk assigning the
next
3
available number.
4
5
Mayor Robaina related that the Hometown District Parking
6
Committee was being reactivated.
7
8
There being no further discussion, the motion passed by
a 4-
9
0 vote.
10
11
Vice Mayor Oliveros: Yea
12
Commissioner Bethel: Yea
13
Commissioner Feliu: Yea
14
Commissioner Russell: but of room
15
Mayor Robaina: Yea
16
17
RESOLUTION NO. 37 -99 -10661
18
9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
19
OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY
20
REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE
21
APPOINTMENT OF HELEN 'DIAZ AND CHARETE B. PLUMMER FOR TWO
22
YEAR TERMS ENDING FEBRUARY 16, 2001 OR UNTIL SUCCESSORS
23
ARE DULY APPOINTED AND QUALIFIED -; AND, PROVIDING FOR AN
24
EFFECTIVE DATE.
25
26
Moved by Mayor Robaina, seconded by Commissioners Feliu
and
27
Bethel to approve this item, with the City Clerk assigning
the
28
next available number.
29
30
Mayor Robaina announced that this now completes
the
31
Community Redevelopment Agency Advisory Board.
32
33
There being no further discussion, the motion passed by
a 4-
34
0 vote.
35
36
Commissioner Bethel: Yea
37
Vice Mayor Oliveros: Yea
38
Commissioner Feliu: Yea
39
Commissioner Russell: out of room
40
Mayor Robaina: Yea
41
42
RESOLUTION NO. 38 -99- 10662
43
10 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
44
OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION
45
COMMISSION; PROVIDING FOR THE APPOINTMENTS OF HUMBERTO
46
RIVERO, MARK DIAZ, KATHLEEN A. FLYNN AND JERRY PROCTOR TO
47
SERVE FOR TWO YEAR TERMS ENDING FEBRUARY 16, 2001 OR
48
UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED.
49
REGULAR CITY COMMISSION 2 3
MINUTES - February 16, 1999
1 Moved by Mayor Robaina, seconded by Commissioner Russell to
2 approve this item, with the City Clerk, assigning the next
3 available number.
4
5 Mayor Robaina commented that these appointments constitute
6 some of the recommendations given to him by members of the City
7 Commission in order to expand the Charter Review Commission.
8
9 There being no further discussion, the motion passed by a 5-
10 0 vote.
11
12 Commissioner Bethel: Yea
13 Commissioner Feliu: Yea
14 Commissioner Russell: Yea
15 Vice Mayor Oliveros: Yea
16 Mayor Robaina: Yea
17
18 RESOLUTION NO. 39 -99 -10663
19 11 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
20 CITY OF SOUTH MIAMI, RELATING TO HISTORIC PRESERVATION;
21 STATING THE CITY OF SOUTH MIAMI'S RESOLVE TO PRESERVE
22 THE TEQUESTA CIRCLE ON THE MIAMI RIVER; URGING THE CITY
23 OF MIAMI AND THE MIAMI -DADE COUNTY COMMISSIONS TO
24 PURCHASE THE SITE AND THE PRESERVE THE PRECIOUS
25 CULTURAL HERITAGE CONTAINED AT THE SITE IN PERPETUITY;
26 PROVIDING AN EFFECTIVE DATE.
27 (Commissioner Russell) 3/5
28
29 Moved by Commissioner Feliu, seconded by Commissioner Bethel
30 to approve this item, with the City Clerk assigning the next
31 available number.
32
33 Commissioner Russell commented that it would be a shame to
34 do away with history especially with something where the research
35 hasn't been completed. She opined this a treasure and certainly
36 something that the community couldn't afford to wrap off the race
37 of the earth. She shared that this represents the history of an
38 entire race of people that don't exist anymore. She asked her
39 colleagues support of this resolution.
40
41 Commissioner Bethel conveyed his assurance that Miami -Dade
42 County would be able to assist with this endeavor.
43
44 Commissioner Feliu along with other members of the City
45 Commission commended Commissioner Russell for sponsoring this
46 resolution.
47
48 Attorney Gallop shared that there is a provision in the
49 resolution, which calls for it to be delivered to Miami -Dade
REGULAR CITY COMMISSION 2 4
MINUTES — February 16, 1999
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County Commission and the City of Miami City Commission
immediately.
Commissioner Russell thanked Attorney Gallop for his
assistance in this endeavor.
There being no further discussion, the motion passed by a 5-
0 vote.
Commissioner Russell: Yea
Vice Mayor Oliveros: Yea
Commissioner Feliu: Yea
Commissioner Bethel: Yea
Mayor Robaina Yea
ORDINANCE (S) FIRST READING
12 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 18-
98 -1666 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY
ADVISORY BOARD BY AMENDING THE PROVISIONS REGARDING
MEMBERSHIP; PROVIDING FOR SEVERABILITY, CONFLICT AND AN
EFFECTIVE DATE.
3/5
Moved by Mayor Robaina, seconded by Commissioner Russell to
approve this item on first reading, with second reading and
public hearing scheduled for March 2, 1999.
Manager Scurr conveyed that this is an outgrowth of the
dilemma the City has been having in filling the CRA Advisory
Board. This ordinance would accomplish broadening the criteria
for membership on this Board.
There being no further discussion, the motion passed by a 5-
0 vote.
Commissioner Bethel: Yea
Commissioner Feliu: Yea
Vice Mayor Oliveros: Yea
Commissioner Russell: Yea
Mayor Robaina: Yea
13 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RIGHTS OF
WAY; AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI, ENTITLED "LICENSES" BY
ENACTING ARTICLE X, ENTITLED "TELECOMMUNICATIONS
SYSTEMS;" AUTHORIZING NON- EXCLUSIVE LICENSE AGREEMENTS
REGULAR CITY COMMISSION
MINUTES - February 16, 1999
25
1 FOR USE OF PUBLIC RIGHTS -OF -WAY AND STREETS FOR PURPOSE
2 OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING
3 LINES AND EQUIPMENT FOR PROVISION OF TELECOMMUNICATIONS
4 SERVICES AND LOCAL EXCHANGE TELEPHONE SERVICES,
5 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
6 AN EFFECTIVE DATE.
7 3/5
8
9 Please note because Mayor Robaina is a BellSouth employee he
10 removed himself from this proceeding.
11
12 Attorney Gallop explained that Mayor Robaina was removing
13 himself from this proceeding to following the Miami -Dade County
14 Conflict of Interest Ordinance and the State of Florida provision
15 on Conflict of Interest.
16
17 Vice Mayor Oliveros was handed the gavel and moved to
18 approve this item on first reading with second reading and public
19 hearing scheduled for March 2, 1999. Commissioner Russell
20 seconded this motion.
21
22 Attorney Gallop summarized this item. This ordinance is a
23 companion to the Land Development Siting ordinance that was
24 adopted late last year which provided for zoning and land
25 regulatory controls of towers and antennas.. This ordinance does
26 not deal with towers and antennas but with management being
27 authorized to use City Rights -of -Way for telecommunication
28 facilities. This ordinance is required under the Federal
29 Communications Act of 1996. There are also a number of companies
30 who have asked the city to adopt the ordinance because they have
31 a desire to either buy into the existing capacity of rights -or-
32 way or to install rights -or -way. He said the purpose of this
33 legislation is to: 1) manage the City's rights -of -way; 2) minimum
34 the visual impact; and 3) collect the maximum revenue authorized
35 by law.
36
37 Attorney Gallop recounted that the Telecommunications Act of
38 1996 greatly de- regulated the telecommunications industry for the
39 purpose of fostering competition. He said one of the principals
40 contained in the Telecommunications Act is that every consumer
41 has the right to receive telecommunication services. The State
42 Public Service Commission regulates services and municipalities
43 have no regulatory power whatsoever. The City is left with the
44 authority to manage its rights -of -way. He said that cities have
45 to allow the telecommunications facilities to use the rights -of-
46 way however, the city can manage how the rights -of -ways are being
47 used. Only certain fees that are prescribed by State Statutes can
48 be charged. How the City manages its rights -of -way is very
49 limited. This thirty - five, page ordinance deals with how the
50 City manages its right -of -way. He related that language for this
REGULAR CITY COMMISSION 26
MINUTES - February 16, 1999
1 ordinance was taken from the ordinance adopted by Coral Gables,
2 which had extensive workshops on the subject matter. He shared
3 that he's received several comments from service providers
4 regarding this issue. Those comments will be made a part of the
5 public record between first and second reading of this ordinance.
6
7 Attorney Gallop said the overall structure is that this
8 ordinance would authorize the City to grant seven year renewable
9 non- exclusive licenses. The ordinance provides for an
10 application fee of $2.,500 to defer the cost of proposed building
11 plans. There is a lot of work that goes into reviewing the layout
12 of the telecommunication system to coordinating its installation
13 and location. He said the ordinance contains very adequate
14 controls that are the responsibility of the City Manager and
15 administration to make sure that the rights -of -way are protected
16 [re- paving and charging this cost to the telecommunications
17 provider].
18
19 Attorney Gallop opined the issues that are conservatory are
20 the encouragement of power on the part of the City Manager to
21 require the placement of facilities underground. He conveyed
22 that administration would attempt to do that to the extent that
23 the law allows. Another provision that is conservatory allows
24 the City Manager to try to the best of his ability to require the
25 telecommunication companies to coordinate their implementation
26 schedule. The City Manager can also direct an existing provider
27 to move their lines from the poles and put them underground. He
28 said this would have to be done very judicially. He presented to
29 the City Commission whether or not they wanted to schedule a
30 workshop between themselves and the industry prior to this item
31 coming back on second reading. He said the Commission might
32 benefit from comments being made by the industry and members of
33 the public before the item is scheduled for public hearing.
34
35 Manager Scurr said one option could be to combine this
36 ordinance for the Planning Board's review. He said this
37 ordinance deals with local and long distance telecommunication
38 lines. A number of companies are hoping to compete with
39 BellSouth in the local phone services. He reiterated that this
40 item has nothing to do with cellular phone towers.
41
42 Vice Mayor Oliveros asked if other municipalities had
43 adopted similar ordinances.
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45 Attorney Gallop replied that they have. He explained that
46 he'd chosen Coral Gables as a basis because of the extensive
47 public input that was involved in the process.
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49 Manager Scurr related that Coral Gables also has one of the
50 most recent ordinances. He said some of the providers are moving
REGULAR CITY COMMISSION 27
MINUTES - February 16, 1999
1 from the core of the downtown Miami area and working their way
2 out as they hook up their telecommunication system.
3
4 Vice Mayor Oliveros opined that a workshop wasn't needed.
5 He said that a public hearing will be scheduled and if the
6 industry providers want to make comments they can do so at that
7 time. He said the Commission would have between now and the
8 second reading to get whatever clarification they deemed
9 necessary.
10
11 Other members of the City Commission concurred with Vice
12 Mayor Oliveros opinion.
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14 There being no further discussion, the motion passed by a 4-
15 0 vote.
16
17 Commissioner Bethel: Yea
18 Commissioner Feliu: Yea
19 Commissioner Russell: Yea
20 Vice Mayor Oliveros: Yea
21 Mayor Robaina: out of room
22
23 14 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS,
25 AMENDING CHAPTER 8A OF THE CODE OF ORDINANCES OF THE
26 CITY OF SOUTH MIAMI, ENTITLED "CODE OF ETHICS ";
27 PROVIDING STANDARDS, PROCEDURES ON COMPLAINT OF
28 VIOLATION AND PENALTIES; REPEALING SECTIONS 8A -1,
29 "DECLARATION OF POLICY," $A -2, "DEFINITIONS," 8A -4,
30 "CONFLICT OF INTEREST "; ,RENUMBERING 8A -4.1, "INFLUENCE
31 OF BOARD MEMBERS BY MAYOR AND COMMISSIONERS, APPEARANCE
32 BEFORE BOARDS," PROVIDING FOR REPEAL, SEVERABILITY, AND
33 AN EFFECTIVE DATE.
34 3/5
35
36 Moved by Mayor Robaina, seconded by Vice Mayor Oliveros and
37 Commissioner Russell to approve this item on first reading with
38 second reading and public hearing scheduled for March 2, 1999.
39
40 Attorney Gallop explained this ordinance would replace the
41 City's existing Code of Ethics, which is a rather antiquated and
42 sparse code. This Code would be applicable to all elected and
43 appointed city officials as well as all city employees. He
44 related that the Miami -Dade Conflict of Interest Ordinance
45 provided for some improvements. It incorporates some of the
46 provisions that have been taken by the County Ethics Commission
47 for the purpose of making this more clear, direct and avoiding
48 ambiguity as much as possible. Some of the objectives of adopting
49 such an ordinance are to reduce some uncertainties in complying
50 with ethics requirement; for the City to retain the authority to
REGULAR CITY COMMISSION 28
MINUTES - February 16, 1999
1 discipline its own. Another objective is to prevent corruptness
2 in the Quasi- Judicial determination of the City. He conveyed
3 that at present there could be a ethical violation in which a
4 complaint can be filed simultaneously before Miami -Dade County
5 Ethics Commission and the Florida Commission Ethics which in
6 essence would result in two proceedings going on in two different
7 places. This would create a particular hardship for the public
8 official or the city employee. The idea is to not only retain
9 the power to discipline ones own but also for that discipline or
10 the finding to receive preferential treatment by one of those
11 bodies should the complaint be filed there. Part of the
12 direction on this ordinance is for those other parties to abate
13 their actions and to defer to the City provided the City
14 completes its proceedings. He related that by State Statutes and
15 Miami -Dade County rules those entities are not required to do
16 this.
17
18 Attorney Gallop said this ordinance also includes the "Cone
19 of Silence provision adopted by the Miami -Dade County
20 Commission. There is also a provision addressing prohibition of
21 lobbying by former officials who leave government employment and
22 go out and work for private interest using their inside
23 information.
24
25 Attorney Gallop summarized the major provisions of this
26 ordinance. The ordinance would repeal some existing provisions
27 of the City's Code of Ethics. This ordinance will contain a
28 provision giving prohibition on individuals transacting business
29 with their former employer the City. It addresses the issue of
30 individuals doing business with the City where they have a
31 controlling interest. This ordinance also deals with the
32 prohibition of gifts. It contains the absolute prohibition on
33 soliciting or demanding gifts for individuals working for the
34 city or someone doing business with the City. It also contains a
35 qualified prohibition on someone who works for the city whether
36 it's an elected official or city employee when excepting a gift
37 when they know or should know that the purpose of offering the
38 gift is to influence the discharge of their duty. He explained
39 the exportation of official position provision as prohibiting any
40 official from corruptly using their official position to get
41 special favors. He said there are situations where city officials
42 are always doing what could be stated as "favors" anytime an
43 official sponsors someone [e.g. a sister city connection or
44 promote a business by making an announcement] you are essentially
45 doing something for the benefit of others as a favor. He said
46 there is substantial case law to back up this provision.
47
48 Attorney Gallop explained that the ordinance also prohibits
49 the disclosure of confidential information by an employee. It
50 also deals with prohibition of employment where that employment
REGULAR CITY COMMISSION 2 9
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might impair judgment. He said this is important for everybody
particular for lawyers because one must also maintain an
independent professional judgment because this is how the public
trust should be done. He said this ordinance also prohibits
outside employment but does allow for the City Manager to
authorize outside employment under certain conditions.
Attorney Gallop further explained that this ordinance
addresses prohibited investments. It also prohibits a person who
is employed by the City from appearing before Boards, City
offices or judicial proceedings representing a third party who
has a case against the City. He related that the ordinance also
dealt with conflict of interests and prohibits participation or
any action affecting a business of the person employed by the
City for their immediate family.
Attorney Gallop said the ordinance also provides for the
prohibition of lobbying by former City officials for two years
after separation from the City. He said the ordinance also
provides for the City Attorney to render Ethics Opinions. He
said this is important because contrary to Miami -Dade County
Attorney's office taking the position that they no longer render
Ethics Opinion because that's a power that's given to the Ethics
Commission and because a wrong Ethics Opinion is not a defense to
an Ethics violation.
Attorney Gallop addressed the "Cone of Silence" provision.
He said Miami -Dade County considers this as a very important
prohibition to have. The circumstances that Miami -Dade County
has suggested was the potential lobbying by professional
lobbyists of county professional staff and county Commissioners
prior to and subsequent to the awarding of bids and RFPs and
RFQs. This creates a prohibition on a vender who is responding
to an invitation to bid on RFPs and RFQs from directly contacting
city staff about the transactions. It also gives the City's
professional staff cover from City Commissioners who may approach
them to give favorable consideration to a vendor that they favor.
He said that he did not add the provision that would prohibit
venders such as parking parties from approaching city
Commissioners. This allows verbal communication only on certain
structured proceedings [e.g. pre -bid conference, contract
negotiations, oral communication to the City Commission at a
public meeting]. It does not prohibit written communication or
written responses because this would become part of the public
record. This section also excludes communication with the City
Attorney. Violation of this "'Cone of Silence" ordinance provides
for punishment of city officials and employees as well as voiding
the transaction. He explained that it did not make the
transaction void but does makes it voidable. He said this makes
transactions open to the public so that they know what is going
REGULAR CITY COMMISSION 30
MINUTES - February 16, 1999
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on. He said tl
the expenditure
public funds.
funds are used
ordinance also
Commission and
meeting.
e principal is that when one is negotiating for
of money, one is negotiating for the use of
It is a public trust to make sure those public
to the best as possible. He said that this
prohibits communication between the City
professional staff unless it's at a public
Attorney Gallop related that the Commission may want to
impose a "Cone of Silence" on vendors with respect to the City
Commission however, this is entirely at the Commission's
discretion.
Attorney Gallop shared that this ordinance provided for a
three -part procedure. One has to file a legally sufficient
complaint. The complaint has to be verified. The complaint has
to be based substantially upon facts known to the individual
filing the complaint. The complaint can not be based upon
hearsay. After the complaint has been filed within five days it
is forwarded to the City Attorney. Within twenty days the City
Attorney will determine whether or not the allegations as stated
support possible violation of this ordinance. If the complaint
is not legally sufficient the City Attorney will issue a report
dismissing the complaint to the complainant, the alleged violator
and City Commission concerning the findings as to why the
complaint is not legally sufficient. If the complaint is legally
sufficient it then moves on the probable cause investigation
stage. This is a rather preliminary investigation to determine
whether or not there is evidence to support the major allegations
of the complaint. He said if there is no probable cause to
support the allegations the City Attorney dismisses the
complaint. If the complaint is found to present probable cause a
final hearing is scheduled which has a discovery process and
subpoena powers. The complainant has the role of being the first
witness to present their complaint but the City Attorney acts as
the Advocate making the case for the violation to the City
Manager. The City Manager is the decision -maker for allegations
involving violations of the upper level personnel and below but
not for elected and appointed City Officials. If there is a
complaint made against an elected or appointed official the
Commission would have to decide if they wanted to conduct the
final hearing or appoint a General Master to conduct the final
hearing or have the Miami -Dade County 'Commission on Ethics and
Public Trust make final determination. If a complaint is tossed
out because there is no probable cause or because it is
frivolously or malicious there is a provision that is parallel to
both the Miami -Dade County Ordinance and the State Statutes for
the award of attorney's fees. The reason for that is to deter
people from filing complaints when they really don't know what it
is they are alleging. He related that just the filing of a
REGULAR CITY COMMISSION 31
MINUTES - February 16, 1999
1 complaint usually does a great deal of damage to a person's
2 tranquility, their employment and their political career. He said
3 complaints where there are facts to support the allegations are
4 encouraged. Complaints where there are no facts to support the
5 allegations are discouraged.
6
7 Attorney Gallop told Commissioner Russell that contrary to
8 what he'd told her earlier during the day this ordinance provides
9 for proceedings to be brought against persons under this
10 ordinance. This ordinance does not reach back. He shared that
11 he did incorporate a provision that allegations of violations
12 that occurred before the effective date of this ordinance would
13 be handled by the 'existing Miami -Dade County ordinance.
14
15 Commissioner Russell commented therefore this is not
16 retroactive.
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18 Attorney Gallop replied that is correct.
19
20 Mayor Robaina commented that there is a lot of intense
21 information provided in this ordinance. He conveyed that he
22 hasn't absorbed all of the information.
23
24 Vice Mayor Oliveros indicated that there would be a public
25 hearing on this item at the next meeting.
26
27 Mayor Robaina asked if there was a time element involved
28 with getting this ordinance adopted.
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30 Attorney Gallop said there was no time element however,
31 Miami -Dade County's ordinance is already in effect.
32
33 Vice Mayor Oliveros shared that if at the second reading
34 there is a problem the ordinance can be deferred. He conveyed
35 that the Commission wanted to get the input from the public as
36 well.
37
38 Mayor Robaina conveyed that he needed to spend some time
39 with Attorney Gallop to go, over some of the issues. He
40 emphasized the importance of having more time to review this
41 issue.
42
43 There being no further discussion the motion passed by a 5 -0
44 vote.
45
46 Vice Mayor Oliveros: Yea
47 Commissioner Russell: Yea
48 Commissioner Bethel: Yea
49 Commissioner Feliu: Yea
50 Mayor Robaina: Yea
REGULAR CITY COMMISSION 32
MINUTES - February 16, 1999
1
2 PUBLIC REMARKS
3
4 Mr. Mark Radosevich appeared before the City Commission and
5 commended them for being elected officials and doing an excellent
6 job. He further expressed his views about the lack of police
7 presence and the inadequacy of the 911 system and the response
8 time in his neighborhood. He shared with the Commission members
9 that his mother -in -law was the victim of a mugging while walking
10 her dog near Dante Fascell Park. He detailed the actions taken
11 by the perpetuators as well as his mother -in -law and a neighbor
12 during this attack. He voiced his frustration with the issue of
13 public safety. He conveyed the importance of being pro- active in
14 this process.
15
16 Ms. Shirley Huebner appeared before the City Commission to
17 thank everyone on the City Commission and staff for the traffic
18 and parking workshop held at the Vila Hotel. The workshop was
19 informative and educational. She encouraged moving the process
20 forward as it related to the traffic and parking issues. She
21 further encouraged moving the pedestrian overpass forward. She
22 recommended having a timetable established for these projects.
23 She urged the Commission to get the Hometown District Parking
24 Committee up and running.
25
26 Mayor Robaina conveyed that the traffic and parking workshop
27 is just one in a series of workshops the City would be
28 conducting. He said the workshop was very beneficial to both the
29 City and the residents.
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31 Manager Scurr said that the City was taking a very important
32 step with the approval of the M.C. Harry contract.
33
34 Mr. David Tucker, Sr., of 6556 SW 78th Terrace appeared
35 before the City Commission to express his views about some of the
36 legislation on tonight's agenda [Item No. 5; Item]. He shared
37 with the Commission conversation he'd had with a Asian exchange
38 student who was in this country studying American History.
39
40
41 COMMISSION REMARKS
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43 Vice Mayor Oliveros expressed to his colleagues how proud he
44 was that each worked with each other for the common goals of the
45 community.
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47 Commissioner Russell concurred with Vice Mayor Oliveros'
48 comments.
49
REGULAR CITY COMMISSION 33
MINUTES - February 16, 1999
1 Commissioner Bethel commended Commissioner Russell for the
2 wonderful event she'd sponsored celebrating this Commission's
3 one -year anniversary. He voiced that he was proud of the
4 recreation department for its many recreational activities being
5 conducted at Murray Park. He further announced that he through
6 the recreation department was sponsoring the 2 °a Annual Adult
7 Checker and Domino tournament on March 27, 1999 at Murray Park
8 from 1 -5 p.m.
9
10 Commissioner Feliu shared that he along with Manager Scurr
11 had met with the Red Sunset Merchants Association. The meeting
12 was very productive and great support was given for the
13 pedestrian overpass. The consensus of the Merchants is for the
14 location of the overpass to exit towards US One and Sunset Drive
15 this would allow more exposure for the small shops along Sunset
16 Drive as pedestrians walk along this street.
17
18 Commissioner Feliu further extended his sympathy to Mr.
19 Radosevich's mother -in -law. He shared that his mother had
20 experienced a similar incident where she was badly hurt. He
21 commented this is happen throughout the world because of the
22 deterioration of family values. He also thanked Commissioner
23 Russell for remembering the Commission's one -year anniversary.
24
25 Mayor Robaina thanked Mr. Radosevich for coming forward to
26 express his concerns. He reiterated that the traffic and parking
27 workshop was the first in a series of workshops to be conducted
28 to address the citizens' concerns. He also thanked his fellow
29 commissioners for their teamwork, support and hard work. He
30 announced the Arts & Crafts Festival scheduled for February 20-
31 21, 1999.
32
33 Mayor Robaina conveyed that the Alternate 9 issue is not
34 over and this City Commission would continue to push the issue
35 with Miami -Dade County Transit Authority. He announced that all
36 those parties interested in this issue should be at the Miami-
37 Dade County Commission Chambers on March 4th to voice their
38 concerns.
39
40 Mr. Basu, Assistant City Manager /Planning Director explained
41 that the way the resolution sponsored by Commissioner Reboredo is
42 written is "to remove Alternate 9 from further study He opined
43 contact should be made with Commissioner Reboredo about the
44 possibility of removing this area altogether and turning it into
45 a rail trail. He announced that the resolution would be heard on
46 March 4th beginning at 11 :00 a.m. at 111 NW 1st Street.
47
48 Mayor Robaina invited everyone to come out to the State of
49 the City Address.
50
REGULAR CITY COMMISSION 34
MINUTES - February 16, 1999
1 Mayor Robaina expressed sympathy to the family of Mr.
2 Stanley Darwhipple, a resident and long time advocate in the City
3 during this time of their bereavement.
4
5 There being no further business to come before this Body,
6 the meeting adjourned at 11:14 p.m., with Commissioner Feliu
7 delivering a parting prayer.
8
9
10 Approved:
11
12 Attest:
13
14
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16 Mayor
17
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19 City Clerk
20
REGULAR CITY COMMISSION 35
MINUTES - February 16, 1999
CITY, OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: March 16, 1999
FROM: Charles D. Scurr
City Manager
SUBJECT: Agenda Item #
Commission Meeting,
March 16, 1999
RATIFICATION OF THE CITY
MANAGER'S ACTION TO
ENTER INTO A CONTRACT
WITH ENVIRONMENTAL SITE
ASSESSMENT INC. TO
PERFORM A PHASE I
ASSESSMENT FOR MURRAY
PARK PER OCED
SPECIFICATIONS, AT A COST
NOT TO EXCEED $1,400.00.
The attached resolution ratifies the proactive action of the City Manager in entering into a
contract with Environmental Site Assessment, Inc., (ESA) to perform a Phase I Environmental
Assessment for the future location of the "Phase I" Multipurpose Center ancillary building.
In 1997, pursuant to Miami -Dade County Office of Community & Economic Development
(OCED) requirements, the City retained ESA to perform a Phase I Environmental Assessment
for the proposed "Traffic Calming Project" location, and the former site of Coker Plumbing
(5845 SW 68h Street). This Coker Plumbing property was acquired by the City for the future
construction of the Multipurpose Center, "Phase II" (the main structure). The ESA report,
however, does not cover Murray Park, the proposed location of the Multipurpose Center
"Phase I" ancillary building.
Accordingly, the City Manager has authorized ESA to prepare a Phase I Assessment for Murray
Park in order address the earlier omission. This proactive decision was necessary to expedite the
groundbreaking of the "Phase I" ancillary building.
The total expenditure would not exceed $1,400.00, and the disbursement would come from
account No. 601- 0000.0131.1420 "OCED Multipurpose Building Construction ".
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO ENVIRONMENTAL
6 STUDIES, AUTHORIZING THE ACTION OF THE
7 CITY MANAGER IN ENTERING INTO A
8 CONTRACT WITH ENVIRONMENTAL SITE
9 ASSESSMENTS, INC., TO PERFORM A PHASE I
10 ASSESSMENT FOR MURRAY PARK AT A COST
11 NOT TO EXCEED $1,400.00, AND CHARGING THE
12 DISBURSEMENT TO "OCED MULTIPURPOSE
13 BUILDING CONSTRUCTION" ACCOUNT NO. 001 -
14 0000.0131.1420.
15
16
17 WHEREAS, the Mayor and City Commission of the City of South Miami deems the
18 construction of the "Phase I" Multipurpose Center ancillary building a priority, and;
19
20 WHEREAS, the Miami -Dade County Office of Community and Economic Development
21 (OCED) requires that, at a minimum, a Phase I Environmental Assessment be prepared for any
22 project being funded through Federal Community Development Block Grants (CDBG).
23
24 WHEREAS, the CDBG funds could be lost if the "Phase I" Multipurpose Center
25 ancillary building is not constructed this calendar year.
26
27 WHEREAS, the firm Environmental Site Assessments, Inc., (ESA) has previously
28 prepared Phase I Environmental Assessments for OCED on behalf of the City, and due to their
29 approval by OCED, this firm was directly selected to expedite the necessary work.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. The action of the City Manager to enter into a contract with
35 Environmental Site Assessments, Inc., is hereby ratified by ordinance.
36
37 Section 3. The contract with Environmental Site Assessments, Inc., is not to exceed
38 $1,400.00 for fiscal year 1998/99.
39
40 Section 4. If any section, clause, sentence, or phrase of this resolution is for any
41 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
42 affect the validity of the remaining portions of this resolution.
43
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Section 5. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 16th day of March 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR