The URL can be used to link to this page

07-27-99a 0 MAYOR: Julio Rob na CITY MANAGER: Charles Scuir VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: July 27, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: August 3, 1999 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE "BASED. THIS NOTICE DOES.NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remsnerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: Reverend Dr. Marta Burke, Pastor of First United Methodist Church of South Miami C. Pledge of Allegiance: D. Presentations) Interval International — "Key to the City" ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes June 1, 1999 - Regular City Commission Minutes June 28, 1999 - Special City Commission Minutes July 6, 1999 Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report CITY COMMISSION AGENDA 1 AGENDA - July 27, 1999 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT OF JO ANN HENDERSON FOR AN UN- EXPIRED TERM ENDING FEBRUARY 16, 2001 OF UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD; APPOINTING KAREN CALDERIN, JACINTO CALDERIN AND LEE ANNE CONESA TO SERVE FOR TWO YEAR TERMS ENDING JULY 27, 2001 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO UNITED STATES ENVIRONMENTAL LAWS, URGING CONGRESS TO SUPPORT AND PRESERVE THE MARINE MAMMAL PROTECTION ACT; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF ONE THOUSAND FIVE HUNDRED FORTY EIGHT DOLLARS AND FIFTY CENTS ($1,548.50) AS PAYMENT FOR SERVICES RENDERED BY MUNICIPAL CODE CORPORATION FOR THE CODIFICATION OF MUNICIPAL ORDINANCES IN THE LAND DEVELOPMENT CODE; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 01- 1200 - 512 -4950 CODIFICATION (Commissioner Feliu) 3/5 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTING ATTORNEY FEES I FOR COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING PAYMENT TO JOHN DELLAGLORIA FROM ACCOUNT #620 - 1120554 -3415, CRA GENERAL LEGAL. 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO INCREASE THE AMOUNT OF AN OPEN PURCHASE ORDER ISSUED TO KILPATRICK, INC. BY $400.00 TO COVER MAINTENANCE AND REPAIR EXPENSES FOR THE CURRENT FISCAL CITY COMMISSION AGENDA AGENDA - July 27, 1999 .. �2 2 YEAR FROM ACCOUNT NO 001 - 1760 - 519 -5240, "EQUIPMENT MAINTENANCE - PARTS ". 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANT PREPARATION SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $2,500.00 FOR THE FIRM OF PRL & ASSOCIATES FROM ACCOUNT NO. 001- 1315 - 513 -3450 "CONTRACTUAL SERVICES." 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND AN OPEN PURCHASE ORDER ISSUED TO TOWER PAINT, INC. AND ISSUE AN OPEN PURCHASE ORDER TO OGEE PAINT, INC., BY TRANSFERRING THE REMAINING BALANCE IN THE ORIGINAL PURCHASE ORDER TO THE NEW PURCHASE ORDER, KEEPING THE FUNDS WITHIN ACCOUNT NO. 001-1710 - 519.4670, "BUILDING MAINTENANCE MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES" 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,575.00 TO ACTION CARPET, CARE, INC., FOR THE REPLACEMENT OF CARPETING ON THE SECOND FLOOR OF CITY HALL AND CHARGE THE DISBURSEMENTS TO ACCOUNT NO. 001 - 1710 - 519.4670 "BUILDING MAINTENANCE MAINTENANCE AND REPAIR OF GROUNDS AND STRUCTURES" 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE A LETTER CLARIFYING FOR THE RECORD THE SITUATION CONCERNING THE PRIOR SUSPENSION OF CAPTAIN GREG FELDMAN AND AUTHORIZING THE CITY MANAGER TO REIMBURSE MR. FELDMAN FOR LEGAL FEES AND EXPENSES INCURRED IN AN AMOUNT NOT TO EXCEED 1,623.00 FROM ACCOUNT 01- 2100 - 519 -9920 NON - DEPARTMENTAL GENERAL CONTINGENCY. 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, REGARDING CONTRACTS, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,181.10 TO MOBILE CUSTOMIZING, INC. (BODY SHOP) FOR THE REPAIR OF POLICE PATROL VEHICLE NO. 99 -05, AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 504 -1500- 514.4680 "SELF INSURANCE FUND /AUTO REPAIRS" 15. 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 CITY COMMISSION AGENDA 3 AGENDA - July 27, 1999 FIGUEREDO, P.A. IN HE AMOUNT OF $7,943.47 CHARGING $.33 TO ACCOUNT NO. 1500.3435, CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING $2,612.10 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. 16. 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 $5,888.99 CHARGING $225.00 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING $157.35 TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL SERVICES, CHARGING $5,191.64 TO ACCOUNT NO. 1500 -3410 LEGAL SERVICE NON RETAINER; AND CHARGING $315.00 TO ACCOUNT NO. 10 -1200- 554 -3415 CRA FUND - GENERAL LEGAL; PROVIDING AN EFFECTIVE DATE. 17. 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 $1,332.51 CHARGING ACCOUNT NO. 610 - 1120 - 554 -3415, CRA FUND, GENERAL LEGAL; PROVIDING AN EFFECTIVE DATE. ORDINANCE (S) SECOND READING PUBLIC HEARING' (S) There are none RESOLUTION (S) HEARING 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST A WAIVER OF PLAT, PURSUANT SECTION 20- 4.2(B) LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED IN THE RT -6, TOWNHOUSE RESIDENTIAL DISTRICT, LOCATED AT 6600 SW 56T" STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION (S) 19. RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY; DIRECTING THE CITY MANAGER TO PUBLISH INFORMATION ON CHANNEL 5 CABLE TELEVISION REGARDING THE PRESENCE OF CITY COMMISSION AGENDA 4 AGENDA - July 27, 1999 SEXUAL PREDATORS RESIDING IN THE CITY; PROVIDING AN EFFECTIVE DATE. (Commissioner Feliu) 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, NAMING PHASE I OF THE MURRAY PARK MULTI- PURPOSE CENTER "THE HOPE CENTER" IN HONOR OF THE LATE HOPE BUTLER, AND DIRECTING STAFF TO ERECT A SUITABLE PLAQUE COMMEMORATING HER CONTRIBUTIONS TO THE CITY AND COMMUNITY. (Mayor Robaina, Vice Mayor Oliveros, Commissioners Russell, Bethel and Feliu and Administration) 3/5 ORDINANCE (S) FIRST READING 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; APPROVING TRANSFER OF FRANCHISE FROM CABLE SAATELLITE OF SOUTH MIAMI, INC. TO CHARTER COMMUNICATIONS, LLC; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS PndARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION". PUBLIC REMARKS COMMISSION REMARKS CITY COMMISSION AGENDA 5 AGENDA - July 27, 1999 _ ., ,_. — ,:� ..r- '. -,Y-: -.� - �-ma,� F anew ,� was wr;�z�r.•c�,-s,ae a -m.,.. -��r .,� .� CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7123199 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 7/27/99 City Manager CRA Advisory Board Appointment The attached resolution sponsored by Mayor Robaina appoints Jo Anne Henderson to the Community Redevelopment Agency Advisory Board . The term of this appointment shall expire February 16, 2001 or until a successor is duly appointed and qualified. BACKGROUND The Mayor and City Commission established the City of South Miami's Community Redevelopment Agency Advisory Board by Ordinance No. 18 -98- 1666. Charete B. Plummer was appointed to this Board on February 16, 1999. However, due the a vacancy created on the Community Redevelopment Agency with the resignation of Ms. Rubystine Anderson, Ms. Plumber was appointed to fill that vacancy. Thus this left a vacancy on the Community Redevelopment Agency Advisory Board. Ms. Jo Ann Henderson has expressed an interest and a geniune desire to serve her community and has applied to be appointed that the CRA Advisory Board. ANAL YS /S Ms. Jo Ann Henderson is being appointed to fill an un- expired term vacated by Ms. Charete B. Plummer upon her appointment to the CRA Board. CONCLUSION Given the fact that this is a very vital and active part of the CRA process the Commission desires to appoint a full complement. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT OF JO ANN HENDERSON FOR AN UN- EXPIRED TERM ENDING FEBRUARY 16, 2001 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 18 -98 -1666, adopted by the City Commission established the City of South Miami's Community Redevelopment Agency Advisory Board; and WHEREAS, it is the Mayor and City Commission's desire to appoint appropriate members to fill that Board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Jo Ann Henderson to serve on the City of South Miami's Community Redevelopment Agency Advisory Board Section 2. The expiration date of this appointment shall expire February 16, 2001 or until a successor is duly appointed and qualified. 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: CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 it Name 2. HomeAddress Cn 3. Business` Al") Qa L 210 4: Business Address % 5. Home Phone /dP a 5--YS r2 Business Phone U V _ -22 6. Educa Iona ackgroun BIZ _ _ /l RECE1 yEV rUL Ph (305) 663 -6340 Pax (305) 663 -6348 CITY BOARD /COXKXTTE$ APPLICATION v 7. Community Services c - 8. Are you a registered voter? Yes—Z No 9. Are you a resident of the City? Yes_,Z No 10. Do you have a business in the City? Yes No_� a Signature Date RssUxsS VILE REXAIN ON FIZZ FOR ONS YEAR is #: a r #;�^�WW z:.. my CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/23199 AGENDA ITEM # FROM: Charles D. Scurr u'-W, Comm. Mtg. 7/27/99 City Manager a4 Park & Recreational Cultural Affairs Advisory Board The attached resolution sponsored by Mayor Robaina appoints Karen Calderin, Jacinto Calderin and Lee Anne Conesa the Parks & Recreational Cultural Affairs Advisory Board. These appointments shall expire July 27, 2001 or until successors are duly appointed and qualified. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO PARKS & RECREATIONAL 6 CULTURAL AFFAIRS ADVISORY BOARD; APPOINTING KAREN 7 CALDERIN, JACINTO CALDERIN AND LEE ANNE CONESA TO SERVE 8 FOR TWO YEAR TERMS ENDING JULY 27, 2001 OR UNTIL 9 SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. 10 11 WHEREAS, The Mayor and Commission recognize the important contributions made by 12 those who serve on the various city boards and committees, and wish to appoint a full 13 complement to each of the active boards and committees; 14 15 WHEREAS, the city Commission desires to appoint Karen Calderin, Jacinto Calderin and 16 Lee Anne Conesa serve on the Parks & Recreational Cultural Affairs Advisory Board for a two 17 year term ending July 27, 2001 or until successors are duly appointed and qualified. 18 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 22 Section 1. That the City Commission hereby appoints Karen Calderin, Jacinto 23 Calderin and Lee Anne Conesa to serve on the Parks & Recreational Cultural Affairs Advisory 24 Board. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Section 2. The expiration date of these appointments shall expire July 27, 2001 or until successor are duly appointed and qualified. Section 3. 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: r CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COXKXTTES APPLICATION it Name K.Gkt e 11l Ca I (please prix 2. HomeAddress 0, ' , 3. Business 4: Business Address S: 6. 7. 8. 9. t) .l Home Phone Z�)-- �j��j -'� f Business Phone Are you a registered voter? yes 4— No Are you a resident of the City? Yes NO-Al- 10. Do you have a business in the City? Yes Nov( Signature C� Date RSSD!!BS V=L REX m OX FILE FOR OATS TZAR CITY OF SOUM MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COBXXTTE -A APPLICATION it Name Jac i n4e) Cat � (Please print) 2. HomeAddress 5-30-7 1 ) 3. Business 4: Business Address �-4��jOn 5: Home Phone T •`Business Phone�� 6. Educational Rackm r- n,-11,ri 7. CoRmunity 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes N/ 10. Do you hav a business in the City? Yes NcL_� Signature { Date R=MZS DILL R"&ZN ON FILE FOR ONE YEAR CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 FaX (305) 663 -6348 CITY 80AU /cw=TTE8 AV7LICAT=ON 1. Name-4 AN ?E coNE SR (please print) a . HomeAddrssz Wit! s �. vs s •�,�,' �� 33l�� 3. Business TN 4 AS�,t Ali Q� c, 4. Business Address T IO'TO C&A46 5EA /3W-0 . 141-4 &_173(p 9i4At,r Ft 33039 S. home Phone &aS) 6& 7 - -43 /0 Business Phone(I*5) ZZy- -;/Z0 6. 7. Common ty services 8. Are you a registered voter? you No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No Signature e Date S i9 9 9 AsaVaas VI= RMUS ON Z=9 roR oxr xsm Z0•d 9b£9£99SH£ IWUIW Hino5 d0 A1I0 WV 60:6T Q3M 66- 6T -AUW CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7123/99 AGENDA ITEM #� FROM: Charles D. Scurr Comm. Mtg. 7/27/99 City Manager United States Environmental Laws The attached resolution sponsored by Mayor Robaina urges Congress to support and preserve the Marine Mammal Protection Act. BACKGROUND The Marine Mammal Protection Act for over 27 years has protected whales, dolphins, manatees, seals and all other marine mammals. Canada's House of Commissions Fisheries Committee has recommended an all out effort to sell their seal products in the United States, even though such trade is outlawed by our Marine Mammal Protection Act. ANAL YS /S Canada's current seal hunt slaughters up to a half million seals, most of them pups every year. If the House of Commons Fisheries Committee succeeds getting the United States Marine Mammal Protect Act overturned by the World International Trade Organization because of the international agreements, Americans could be forced to accept seal parts, even though nine out of ten Americans are opposed to the commercial killing of seals. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO; 5 UNITED STATES ENVIRONMENTAL LAWS, URGING 6 CONGRESS TO SUPPORT AND PRESERVE THE MARINE 7 MAMMAL PROTECTION ACT; PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, Canadian sealers have just finished killing over a quarter of a 11 million seal pups and are now taking dead aim at United States environmental 12 laws; and 13 14 WHEREAS, Canada's House of Commons Fisheries Committee has 15 recommended an all out effort to sell their seal products in the United States, even 16 though such trade is outlawed by our Marine Mammal Protection Act; and 17 18 WHEREAS, to get around the United States laws the House of Commons 19 Fisheries Committee wants the Canadian government to actively undermine the 20 United States Marine Mammal Protection Act and file a challenge to get our law 21 overturned by the World Trade Organization because of international agreements, 22 the World Trade Organization could force America to accept seal parts, even 23 though nine out of ten Americans are opposed to the commercial killing of seals; 24 and 25 26 WHEREAS, Canada's current seal hunt is already by far the largest hunt 27 for marine mammals in the world, slaughtering up to half a million seals, most of 28 them pups, every year ...a kill so large that Canadian and international scientists 29 agree is depleting the seal population; and 30 31 WHEREAS, the Marine Mammal Protection for over 27 years has 32 protected whales, dolphins, manatees, seals and all other marine mammals; and 33 34 WHEREAS, the Mayor and City Commission desire to champion the 35 United States Environmental laws and urges Congress to support and preserve the 36 Marine Mammal Protection Act.. 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 40 41 Section 1. That the City Commission of the City of South Miami urges 42 Congress to support and preserve the Marine Mammal Protection Act. Additions shown by underiinin and deletions shown by ever-stficiug. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 2. That a copy of this resolution be sent to the appropriate United States Congressional representatives, the International Fund for Animal Welfare, The Humane Society of the United States, The International Wildlife Coalition and Public Citizens Global Trade Watch. 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 Page 2 of 2 s i t t MAYOR Commission Vote: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: tress w o wants to d some.�.�s Into us on c � : a. l onservation and trade . 3 qt,r zim s 4 q isiF .: IUM �. :s ,.F. q- aF,•ier:�F T s. >'9�P.#'.RSi'' ,fir, . 9� ?��;- �i�7,ti. m.ew,�;'n`.ifi- e+�tr 5 .::nS fir�rr..,, s ,.. , ...,.., x, ,,.r ' -_ nu_ _C _'. •�.£ ,.�,1'J.' �.' 4.�^aP{33'APr�lrk w,II.t.1T ii'k� JfC , rCdE DS, MX ru ' +'i +nom €•: -r _ •f�: No banks, Canada! Ameficans-doWt your seal huntwant Canadian sealers have just finished killing ver a uarter of a 8 9 -`�' ''t �r Why do they want to interfere with TJ S1 conservation laws? " million seal u s. Now the p e taking dead aim at U S, Y g laws Because Canada has made a mess of -ttswn conservation. efforts. environmental tat • Canada destroyed its multi million d�# Atlantic cod fishery Canada's House of Commons Fisheries Committee has recom- throe "' ' through gross mismanagement and overfishtng. Now, with the mended an all -out effort to sell their seal products in the U.S., even cod only slowly coming back, I&Zjr ad an'Parllament is trying- though such trade is outlawed by our Marine Mammal Protection Act. to pin the blame on the seals. • To get around our laws, they want the Canadian government to actively So even though scientists agree that Here has never been an undermine our Marine Mammal Protection Act and file a example anywhere in the world where culling,a marine mammal" challenge to get our law overturned by the World Trade Organizations" population (Because of international agreements, the World Trade Organizatio&,_ has helped a commercial fishery, that is exactly what could force America to accept seal parts, the House of Commons Fisheries Committee recently proposed. even though nine out of The committee also recommended that the Canadian ten Americans are opposed to the commercial killing of seals:) government force open the U.S. market to absorb ttiegrisly products of an even • They even recommended massive cull of seals, including the p more complete elimination of seals from parts of Canada's East Coast. massive and cruel seal cull.'Butto,do this, they will need to weaken one of America's important environmental Canada's current seal hunt is already by far the largest hunt for most laws: the mammals Marine Mammal Protection Act that for over 25 years has protected marine in the world, slaughtering up to half a million whales, dolphins, manatees, seals, and all other seals, most of them pups, every year ... a kill so large that Canadian marine mammals, No thanks, Canada We don't need your seal hunt. and international scientists agree it is depleting the seal population. And we sure don't need your.advice on conservation. Call your congressional RO resentative at 20112/21.2-4-3121 3 T - - ,p_ 9t �. :s ,.F. q- aF,•ier:�F T s. >'9�P.#'.RSi'' ,fir, . 9� ?��;- �i�7,ti. m.ew,�;'n`.ifi- e+�tr 5 .::nS fir�rr..,, s ,.. , ...,.., x, ,,.r ' -_ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/23/99 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 7/27/99 City Manager The attached resolution sponsored by Commissioner Feliu authorizes the expenditure of $1,548.50 from Account Number 01- 1200- 512 -4910 for services rendered by Municipal Code Corporation for the codification of municipal ordinances in the City's Land Development Code. The fund balance for this account is: Existing Fund Balance: $1,697.00 This appropriation: 1.548.50 New fund balance: $ 48.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF ONE THOUSAND FIVE HUNDRED FORTY EIGHT DOLLARS AND FIFTY CENTS ($1,548.50) AS PAYMENT FOR SERVICES RENDERED BY MUNICIPAL CODE CORPORATION FOR THE CODIFICATION OF MUNICIPAL ORDINANCES IN THE LAND DEVELOPMENT CODE; PROVIDING FOR DISBURSEMENT FROM ACCOUNT NO. 01- 1200 - 512 -4950 CODIFICATION WHEREAS, the City Clerk's office seeks to provide for the timely and systematic codification of municipal ordinances; and WHEREAS, Municipal Code has provided excellent service to the city in regard to the codification of ordinances in the Land Development Code in a most expedient manner. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section .1 That Municipal Code Corporation has provided excellent service to the City in regard to the codification of municipal ordinances to the Land Development Code. Section 2. That Administration is authorized to disburse the sum of one thousand five hundred forty eight dollars and fifty cents ($1,548.50) to Municipal Code Corporation for the payment of services rendered in the codification of municipal ordinances for Supplement No. 4. 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 Bethel: Commissioner Feliu: Commissioner Russell: MUNICIPAL CODE CORPORATION PHONE(05m)576-317% R��K TALLAHASSEE,VL0RnDA3Wq6 r- -1 012667 =D CITY OF SOUTH MIAMI, FL TO MS. RQNETTA TAYLOR, CITY CLERK 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 UNITED PARCEL INVOICE 25784 NET 30 DAYS | 114 PAGES 13.00 1,482.00 2 TABULAR PAGES 6.50 13.00 ADDITIONAL CHARGE FOR TABULAR PRINT ' 1 UPDATING MAGNETIC MEDIA 50.00 50.00 1 FREIGHT 3.50 3.50 2 COPIES OF SUPPLEMENT NO. 4 TO THE SOUTH MIAMI CODE OF ORDINANCES (LAND DEVELOPMENT) 1,548.5V Add $ - per month late charge if paid after 30 days from invoice dam. Interest will be charged at the rate of 1-1/2% per month on the unpaid balance of any account remaining unpaid more than 30 days after invoice date. � � 1► CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and Commission Date: July 20, 1999 Agenda Item # From: Charles Scurr c Subject: Comm. Mtg. July 27, 1999 City Manager CRA General Legal Counsel The attached Resolution authorizes payment of invoices for the months of October and November 1998, in the amount of $1,620.00; and for March and April 1999 in the amount of:-$1,530.00, for legal services provided by John Dellagloria, General Counsel for South Miami Community Redevelopment Agency, from Account # 610- 1120554- 3415, CRA General Counsel The balance in this account is $20,136.50. I recommend approval. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION # A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTING ATTORNEY FEES FOR COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING PAYMENT TO JOHN DELLAGLORIA FROM ACCOUNT # 610- 1120554- 3415, CRA GENERAL LEGAL. WHEREAS, the Mayor and Commission and the Community Redevelopment Agency (CRA) Board approved Resolution # 263 -98- 10531, authorizing a contract with John Dellagloria to provide general legal counsel for the Community Redevelopment Agency; and WHEREAS, John Dellagloria submitted invoices for legal services rendered for the periods of October and November, 1998 in the amount of $1,620.00; and for March and April, 1999 in the amount of $1,530. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. These invoices for attorney's fees from John Dellagloria are approved for payment, and payment shall be charged to Account No. 610 - 1120554 -3415. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY 1999. MAYOR CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM T 0: Mayor and Commission DATE: July 27, 1999 FROM: Charles D. Scurr SUBJECT: Agenda Item # City Manager Resolution to increase the amount of an open Ci purchase order for a mechanical repair vendor - Kilpatrick Inc. The attached resolution seeks the approval to increase the open PO issued to Kilpatrick, Inc. by $400.00 for the remainder of the fiscal year. Kilpatrick specializes in the repair of the three -wheel scooter vehicles (commonly known as Cushman) that are used in our parking operations. The open PO was issued in October 1998, but the $1,500.00 amount has proven insufficient to cover the repairs required for the three Cushman vehicles in the fleet. The increase in maintenance /repair activity is the result of an expanded enforcement schedule (additional weekly hours) and staff turnover in the parking operation. These factors have led to an increase in the wear and tear on the vehicles. The increase of $400.00 will provide a balance of approximately $660.00 on the PO. This amount will allow the repair of one of the vehicles and leave a balance that should cover expenses through September. The balance of $660.00 in PO No. M0142 is associated with account no. 001.1760.519.5240 - "Equipment Maintenance - Parts ". Approval of the additional funding is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO INCREASE THE AMOUNT OF AN OPEN PURCHASE ORDER ISSUED TO KILPATRICK, INC. BY $400.00 TO COVER MAINTENANCE AND REPAIR EXPENSES FOR THE CURRENT FISCAL YEAR FROM ACCOUNT NO. 001- 1760 -519 -5240, "EQUIPMENT MAINTENANCE — PARTS ". WHEREAS, the funding issued to the open purchase order for Kilpatrick Inc. has been insufficient to cover all the maintenance and repair expenses for the fiscal year, and; WHEREAS, increasing the purchase order by the amount requested will allow for the purchase of the required mechanical parts to maintain the parking operation's vehicles is good working order. 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 authorized to increase the amount of open purchase order no. M0142 issued to Kilpatrick Inc. by $400.00 for the current fiscal year. Section 2. This resolution will be effective immediately upon approval. PASSED AND ADOPTED this 27th day of July 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: CITY ATTORNEY MAYOR A -. .. ,°�.0 i)��1�..iR+x c I�»bntUzFYi3.Y°rMxxx Aas^euvw<p,vF'i�E 07/1911': =; ;s: a.3 )a5Ec77,136 CITY SC 14IAMI °JPCr'. PAGE 01 ORIGINAL " CITY OF SOUTH MIAMI 6130 SUNSET DRIVE purchase Order No, M0142 SOUTH MIAMI, fl 33143 (305) 663 -6343 fox (305) 663 -6346 Vendor �'U�?CE%4SE ORDER =s KILPATRICK Ship To 7700 }1IGHR![ 3GE fiOkD` Name CITY Of' SOUTH MIAMI BOYNTON St FL Address 6130 5UNSE; DRIVE — ZIP 334e2 �_ Crry SOUT}i MIAMI St F` L ZIP 3314-3 Phone (30� 6�. 3339 - Q OESCRIPTinAr -- -'- EMERGENCY PARTS REPAID CUSHMAN Lnt ec k GO ou No 0060.518.3240 . Taxes i 'I $40000 $400.00 I — TOTAL $4pG.U0 a��pping uate Approval 09" Order No yllg�gg Sales Rep Ship via Notea/Remark M0142 TO: PIFER INC 1350 114iDIA14TOWN RIB ROUTE 706 JUPITER, FL 33458 PURCHASE ORDER THE CITY OF SOUTH MIAMI, FLORIDA FINANCE DEPARTMENT DIVISION OF PURCHASING 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 PHONE 305 -663 -6339 FAX 305 -667 -7806 SHIPTO: CITY OF SOUTH MIAMI PUBLIC WORKS DEPT. 4795 SW 75 AVE MIAMI, FL 33155 PAGE: 1 P.O. NO.: 00 L 96,€ DATE: 10 /i? VENDOR NO. Florida Tax Exemption No. 23-19. 324 - 896 -54C Federal ID Number 59- 6000.431 5 $ g DELIVER BY SHIP VIA F.O.B. _ _ TERMS 09/30/99 CONFIRM BY CONFIRM TO REQUISITIONED BY CENTRAL SVC -KATHY VAZQUEZ F. RODRIGUEZ FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT . ' REQ. NO. REQ. DATE 001 -1760- 519.52-40 1849 0/14/93 LINE • QUANTITY UOM EXTENDED I • 1 1500.00 PO OPEN PURCHASE ORDERS OPO PUBLIC 1.0000 1500.00 WORKS DEPT. OPEN PURCHASE ORDER PW PER RESOLUTION *274-98 -10542 10/6/98 T TAL J 1500.00 o .31 50 -1 0 9I.So � 53.y.� �T w �_ 7 A'v• 3t501eo� 51? t • 4 OC r 2 0 i�' � Nv.3i5ao3� 5$ ► t�� 4- CENTRAL FRVICES 31 sogs'9 3(0* 3-3 S nN 315D �t54-1 1 7. 3 "RPROVED BY 3149 a G "1- I FINAN DIRECTOR 3 �fO'IA�4,ER `'`APPROVAL 11' 4 3160 -W -1 .2 '71 FINANCE . 3�s O a f a �/ t r oZ 6 i DEPARTMENT COPY. t WWI , To: Mayor and Commission From: Charles Scuff City Manager REQUEST CITY OF SOUTH MIAMI Date: July 27, 1999 Agenda Item # Contractual Services — COPS Universal Hiring Program — Grant Preparation Approval of a contract with PRL & Associates, Inc. for the provision of grant preparation services for the Community Oriented Policing (COPS) Program in the amount of $2,500.00. Funding will come from Account 001- 1315 -513 -3450, Intergovernmental Relations — Contractual Services, which has a balance of $8,000.00 BACKGROUND & ANALYSIS The City of South Miami has significantly increased our efforts to secure Federal, State and local grant funding for important City programs. The City, for instance, was recently successful in securing $340,000 from the State of Florida for important stormwater drainage projects. One area where significant grant resources are available is law enforcement. One of the major grant programs is the Community Oriented Policing (COPS) program administered through the United States Department of Justice. Other local jurisdictions, such as the City of Miami, have received funding to hire literally hundreds of new police officers. South Miami currently has no COPS funded officers. The COPS program will provide a total of $25,000 per year for 3 years for new community policing positions. Community policing includes functions such as walking beats and bicycle patrol. At the end of the 3 year grant the City is required to maintain the position. The total cost of a police position for an entire year is approximately $45,000. The non COPS balance of $20,000 can be paid with Federal forfeiture funds. This essentially means that the added positions are at no cost to the City for the 3 year period. The City, after discussion at the last Commission Meeting, has elected to apply for 4 COPS positions. Preliminary allocation would put 2 positions in Zone 3 (Murray Park) and 2 positions in Zone 6 (Central Business District). As discussed, the timetable for the preparation of the grant was extremely short and in order to meet the July 15 deadline outside services would be required. PRL & Associates is a local firm specializing in grant preparation. They have completed the work required on schedule and the grant has been submitted. It should be noted that during our recent trip to Washington, D.C. we received very favorable support form members of our Congressional delegation. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRANT PREPARATION SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $2,500.00 FOR THE FIRM OF PRL & ASSOCIATE; FROM ACCOUNT NUMBER 001 - 1315 -513 -3450, CONTRACTUAL SERVICES WHEREAS, the City of South Miami has established an Office of Intergovernmental Affairs with the purpose of securing appropriations and funding from the Federal, State & local governments; and WHEREAS, the use of professional grant writing services can be instrumental in successfully preparing grant applications; and WHEREAS, the timeline for the submission of the US Department of Justice COPS program required the use of professional grant writers; and WHEREAS, PRL & Associates is a well respected local firm providing such services and was able to complete the work required in the time allowed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to enter into a Professional Services Agreement for grant preparation services with PRL & Associates in an amount not to exceed $2,500.00 from Account # 001 - 1315 -513 -3450, Contractual Services. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this Ews *-111 City Clerk READ AND APPROVED AS TO FORM: City Attorney day of '1999. APPROVED: Mayor JInvoice Please make your check payable to: PRL eat Rssociotes, Inc. �- To Charles Scurr City Manager `J City of South Miami ■+� 6130 Sunset Drive South Miami, Florida 33143 Invoice No. 001 -99 © Invoice Data July 13, 1999 Invoice Period July 1 -July 16, 1999 Amount Due $2,500.00 Description COPS Universal Hiring Program - Grant Preparation of Services Due elate August 1, 1999 WUBARA5' RL 91I11ngs\SM 001 -99 51155 Helmsman Dr. M14 • Rventura, Florida 33180 (305) 933 -9775 ♦ (305) 935-2170 Fax Pager. (305) 577 -6513 ♦ E-mail: RCC05 @ROLcom June 29, 1999 Chas Scurr City Manager City of South Miami 6130 Sunset Dr. South Miami, A 33143 Dear Chas: This is to follow up on our discussion regarding the availability of grant funds for additional police services. The U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) promotes community policing through a variety of initiatives. One program currently has funds available. The COPS Universal Hiring Program (UHP) provides grants to help low enforcement agencies hire community policing officers. UHP provides 75% of the salaries and benefits for new officers for three years up to a maximum of $75,000 per officer. Up to 50% of the funding must, by law, be provided to local governments with populations under 150,000. The next application deadline for the Universal Hiring Program is July 16, 1999. We are prepared to assist the City in the development and submission of the UHP application by the deadline date: of July 16*. Our fee for this service is $2,500. We look forward to working with the City of South Miami. Sinc y, tsj° ^r c �hcia Rogers- libert Prdsident i Accepted on K�ez By: ,a" / 2 Xg 21155 (if e[msman q)r. k14 ♦ Aventura, 54 33180 (305) 933 -9775 ♦ 5�,A% (305) 935 -2170 ♦ (pager: (305) 277 -6213 U.S. Department of Justice Office of Community Oriented Policing Services 1 � P, i.} . Several provisions of Federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further information about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you assure us and certify to us that you will comply with all legal and administrative require- ments that govern the applicant for acceptance and use of Federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assur- ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2. You will comply with the provisions of Federal law which limit certain political activities of your employees whose principal em- ployment is in connection with an activity financed in whole or in part with this grant These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to YOU. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. You will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. You will comply with all requirements imposed by the Depart- ment of Justice as a condition or administrative requirement of the grant; with the program guidelines, with the requirements of OMB Circulars A-87 (governing cost calculations) and A -128 or A -133 (gov- erning audits); with the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual, and with all other applicable laws, orders, regulations or circulars. 7. You will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn posi- tions in your agency. gender, disability or age, unlawfully exclude any person from partic- ipation in, deny the benefits of or employment to any person, or sub- ject any person to discrimination in connection with any programs or activities funded in whole or in part with Federal funds. These civil rights requirements are found in the non - discrimination provi- sions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(d)); Title VI of the Civil Rights Act of 1%4, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301 - 1303); Section 504 of the Rehabilitation Act of 1973, as amend- ed (29 U.S.C. § 794); Title 11, Subtitle Aof the Americans with Disabil- ities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against you after a due process hearing, you agree to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531. B. If you are applying for a grant of $500,000 or more and Depart- ment regulations (28 CFR 42.301 et seq.) require you to submit an Equal Opportunity Employment Plan, you will do so at the time of this application, if you have not done so in the past If you are applying for a grant of less than $500,000 and the regulations require you to maintain a Plan on file in your office, you will do so within 120 days of your grant award. 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPAindicating that a facility to be used in this grant is under consideration for listing by EPA. 10. If your state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, you have made this application available for review by the state Single Point of Contact. 11. You will devise a plan to retain the increased hiring level with 8. You will not, on the ground of race, color, religion, national origin, state and local funds after the conclusion of your grant. I hereby certify compliance with the above assurances that govern the application and use of Federalfunds. Signature: Date: U.S. Department of Justice Office of Community Oriented Policing Services lAnmalm Regarding Long; Debarment, Suspension and Other Responsibility Matters; &g -Free Workplace Requirements Coordination with Amsted Agencies; Non - Supplanting; and Retention. Although the Department of Justice has made every effort to simplify the application process, other provisions of Federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)," and the coordination and non-supplanting requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material represen- tation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and imple- mented at 28 CFR Part 69, for persons entering into a grant or coop- erative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influ- encing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and sub- mit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certifi- cation be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and coopera- tive agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a state or Federal court, or voluntarily excluded from covered transactions by any Federal depart- ment or agency; (ii) Have not within a three -year period preceding this appli- cation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform- ing public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this appli- cation had one or more public transactions (Federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug Free Workplace Act of 1988, and imple- mented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 — A. The applicant certifies that it will, or will continue to, provide a drug -free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about — (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug free workplace; (c) Any available drug counseling, rehabilitation and employ- ee assistance programs; and (d) The penalties that may be imposed upon employees for drug -abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that as a condition of employment under the grant, the employee will — (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work- place no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such convic- tion. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, DC 20530. Notice shall include the identifi- cation number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted — (a) Taking appropriate personnel action against such art employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amend- ed; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state or local health, law enforce- ment or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). Grantee Name and Address: Application No. and/ or Project Name, Typed Name and Title of Law Enforcement Representative: Signature: B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check O if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each Federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJPForm 4061/ 7. Check O if the state has elected to complete OJPForm 4061 / 7. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordi- nation with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. 5. Non - Supplanting The applicant hereby certifies that Federal funds will not be used to replace or supplant state or local funds, or funds supplied by the Bureau of Indian Affairs, that would, in the absence of Federal aid, be made available to or for law enforcement purposes. 6. Retention The applicant hereby certifies that it understands that it must abide by its submitted plan to retain the additional officer positions at the conclusion of the grant period. Grantee IRS/ Vendor Number: Date: As the duly authori2ediaresentativeofthegovern* bndy, Iherebycartify that thelamhndingthegovern *lwdytotheaboveceiifica - tionsy "wludirg the plan to retain Elections ofnew officials will not relieve thegoverlrirg body ofits obligations under thisgrant. Typed Name and Title of Government Representative: Signature: Date: U.S. Department of Justice Office of Community Oriented Policing Services Disdmum of Lobbying Ades Instructions for Completion of SF-LLL, Disclosure of Lobbying Aetiuities A} - This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipi- ent, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make pay- ment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lob- bying activity is and/ or has been secured to influence the out- come of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the infor- mation previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previ- ously submitted report by this reporting entity for this cov- ered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub - award recipient. Identify the tier of the subawardee, e.g, the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee, " then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the cov- ered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/ proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE-90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/ loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identi- fied in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing ser- vices, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time far reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send com - ments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20530. ®isdosum of Lobbying Ac idies Approved by OMB 0348 -0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (as amended) (See reverse for instructions and public burden disclosure) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid /offer /application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee Year: f. loan insurance Quarter: Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter O Prime 13 Subawardee Name and Address of Prime: Tier if known: Congressional District (number), if known: Congressional District (number), if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDANumber, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant 10. b. Individuals Performing Services (if individual, last name, first name, MI): (including address if different from No.10a) (last name, first name, MI): 11. Information requested through this form is authorized by Signature: Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which Print Name: reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pur- suant to 31 U.S.C. 1352. This information will be reported to Title: the Congress semi - annually and will be available for public inspection. Any person who fails to file the required disclo- Telephone No.: Date: sure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction, Standard Form - LLL U.S. Department of Justice Office of Community Oriented Policing Services i t ' 1:m 3 nder the 1994 Crime Act, COPS grants for hiring officers, purchasing equipment, technology and support services or funding other community policing programs require a local match from grantees. COPS grants generally fund up to 75 percent of the cost of the program, project or activity. Grantees therefore are required to provide a minimum 25 percent local match. Recognizing that local agencies often have limited financial resources, the COPS Office has put together the following list of opportunities to help agencies meet the local match and participate in COPS programs. B -,7 ✓ Asset Forfeiture Funds Jurisdictions may use money that they have received under the Assets Forfeiture Equitable Sharing Program, allowing them to use assets seized in halting criminal activity to support community policing efforts. ✓ Housing and Community Development Funds:- Jurisdictions may use funds available from the Federal government under the Housing and Community Development Act of 1974. ✓ State Funds - jurisdictions may use funds provided to them by their state government, but only if permitted by state law. For example, the state of Ohio has authorized $9.1 million to go specifically toward helping COPS grantees meet their local match. ✓ Private Funds - Jurisdictions may seek help from private sources, including corporate donations, nonprofit organizations and foundations. Using private sources of funding also can promote better communication and cooperation between law enforcement and the community. ✓ Bureau of Indian Affairs Funds - Tribal governments may use funds that have been appropriated by Congress for the purposes of law enforcement in tribal jurisdictions. This includes any law enforcement funds provided through the Bureau of Indian Affairs. ✓ Other Federal Funds;- Jurisdictions may use monies from other Federal agencies, but only if specifically authorized by the other Federal program. For more information, please call the justice Department Response Center at 1- 800 -421 -6770 or visit the COPS web site at: http://www.usdoj.gov/cops/ CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM T 0: Mayor and Commission DATE: July 27, 1999 FROM: Charles D. Scurf SUBJECT: Agenda Item # I City Manager Resolution to rescind an open purchase order and issue an open purchase order for the same amount to another vendor The attached resolution seeks the approval to rescind the open PO issued to Tower Paint, Inc. in October 1998 and transfer the funds to an Open PO issued to OGee Paint, Inc. OGee Paint has all the required paint grades and color mixes used frequently by the City. Tower Paint does not carry as extensive a selection and their pricing is similar and in some cases higher than OGee's. For these reasons, the City has procured very few supplies from Tower over the past six months. The funding currently allocated for the PO is $800.00 from account no. 001 - 1710 -519 -4670 "Building Maintenance — Maintenance and Repairs of Grounds and Structures ". The remaining balance of $760.88 in the account will be transferred to the OGee PO. Approval is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND AN OPEN PURCHASE ORDER ISSUED TO TOWER PAINT INC. AND ISSUE AN OPEN PURCHASE ORDER TO OGEE PAINT INC. BY TRANSFERING THE REMAINING BALANCE IN THE ORIGINAL PURCHASE ORDER TO THE NEW PURCHASE ORDER, KEEPING THE FUNDS WITHIN ACCOUNT NO. 001- 1710 -519 -4670, "BUILDING MAINTENANCE — MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES ". WHEREAS, the original open purchase order issued to Tower Paint Inc. at the start of the fiscal year has scarcely been used due to the superior inventory and low pricing offered by a competitor, and; WHEREAS, the Building Maintenance Division has recently embarked on a series of painting projects that have required the frequent use of paint vendors, and; WHEREAS, transferring the open purchase order to OGee Paint Inc. will improve the efficiency of future painting work performed by the Division. 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 authorized to rescind the open purchase order issued to Tower Paint Inc. and issue and open purchase order to OGee Paint Inc. Section 2. The balance currently remaining in the original purchase order be transferred to the newly issued purchase order. Said balance will remain within the building maintenance account. Section 3. This resolution will be effective immediately upon approval. PASSED AND ADOPTED this 27th day of July 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: APPROVED: CITY ATTORNEY MAYOR CITYOF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: July 27, 1999 FROM: Charles D. Scuff RE: Agenda Item # /4 City Manager Replacement of carpeting in the Building and Planning Departments (2nd Floor) ---------------------------------------------------------------------------- --------------------------------------------------------------------------- REQUEST The attached resolution seeks Commission approval of an $2,575.00 expenditure to replace the carpeting in the office area located on the second floor of City Hall. BACKGROUND AND ANALYSIS The City Hall roof has experienced leaks over the past years, particularly in the second floor. This situation has taken its tall on the office carpeting. Compounding the water damage, the age of the carpeting contributes to its overall worn and faded condition. A safety concern also exists due to the condition of the stairway carpeting. In addition to the clerical and managerial staff of the Building and Planning Departments, numerous "walk -in" visitors are impacted daily by the shoddy appearance of the carpet. Three carpeting contractors submitted price quotes for the carpet replacement. Action Carpet Care, Inc. was the lowest bidder at $2,575.00. This cost includes removal and disposal of the existing carpeting, furniture relocation, and installation of carpeting along the stairway leading to the lobby. Funding for this work will come from account no. 001 - 1710 -519 -4670, "Building Maintenance — Maintenance and Repairs of Grounds and Structures ". The balance remaining will be approximately $2,350. 00. CONCLUSION AND RECOMMENDATION Given the visibility of the second floor offices and the negative impact the carpet's condition has on the work environment and the City's image, this expenditure is required. Approval is recommended. Attachments I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 6 CITY MANAGER TO DISBURSE THE SUM OF $2,575.00 TO 7 ACTION CARPET CARE, INC. FOR THE REPLACEMENT OF 8 CARPETING ON THE SECOND FLOOR OF CITY HALL AND 9 CHARGE THESE DISBURSEMENTS TO ACCOUNT NO. 10 001.1710.519.4670 `BUILDING MAINTENANCE — MAINTENANCE 11 AND REPAIR OF GROUNDS AND STRUCTURES ". 12 13 14 WHEREAS, the City Hall carpeting on the lobby stairway and the second floor offices is 15 in disrepair due to wear and tear as well as age, and; 16 17 WHEREAS, replacement of the carpeting is required to provide a proper work 18 environment and a presentable municipal office 19 20 WHEREAS, quotes have been obtained from carpeting contractors to complete the work 21 along the stairway and the second floor. 22 23 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of 24 the CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. The Public Works Department has obtained the following three bids from 27 carpet firms: 28 29 Contractor Price Quote 30 31 Action Carpet Care, Inc. $2,575.00 32 The Carpet Mart, Inc. $3,172.50 33 Flooring Disposal $3,760.25 34 35 Section 2. The City Manager is hereby authorized to disburse the sum of 36 $2,575.00 to Action Carpet Care, Inc. 37 38 Section 3. This resolution shall be effective immediately upon approval. 39 40 PASSED AND ADOPTED this 27th day of July 1999. 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 47 48 READ AND APPROVED AS TO FORM: 49 50 51 CITY ATTORNEY 52 -•- ,. __ ... �u�- .ol -a�yo CREATIVE CARPET Cl," PAGE 01/01 FLOORING PROPOSAL CREATIVE CARPET CONCEPTS 7310 Southwest 45th Street MIAMI, FLORIDA 33155 (305) 266.7001 FAX (305) 261.8395 5 Wiffid n, r 1 7 1 it& r art J�MIg1 nu.. �'�.•t�W�lon wtr_. _ j�,gpu•rlM.u��gy... rubTnn. 1/4" Scala: • - _ j . . t . A • /: Y, b In 11 1'II I:II /1� 101 1• Ill IY 11 • , . .. , . ! YI Y/' '!'1� Y1 /b� SY/• �J' t1Y yy in �I I I :.!!� 1J,� %t�Cl�+/y�, 1 r•+ rJl� lr'%L� r l:►�r ,1�rJ { �; t' 4x 4- :44 y 1 I ; creative Corp" e I CentcpN in i Mw no jottlipdows ahrttw�vN to riptaq a weir Billy dsmB to Bnr ha►1� swfece Rear � a �N' �ew,r carpet "'�6ta by w If the problen► u dta q moisture w plkrll M Khe tub floor. /tow PreoBngan q Always An Eatre charp • ROOM MFR. PATTERN COLOR SIZE SO. YDS. PRICE /YO AMOUNT _ JOB PROPOSAL _ �•�` -- ,..... PADDING ADHESIVE n;' : t - MOLDING _ �� C G ►fK.s „ ,� � 43, 1 � , -fL MATERIALS F - 'L�'k SUB -TOTAL LABOR Z�'0 SUB -TOTAL TAX TOTAL J I LAC .l:a OEPOSII BALANCE ACCEPTANCE: I haraby accept the proposal outlined above and CERTIFICATION: Th., '8 to curt ly th„t ihr abort: dracrlbrd wt>rr. authorize work to commence on the date specified, has been completrad to my satisfaction Customer ...-- _ ... ....�__ ._ _ .. Date _ . __. Customer OFFICE COPY Date, . ... -. _. :CTION l i� �rRh �/�► IV Aiiil I J u. Q i.) F L! SINCE... 1026 50tiTHD ..� _ l,INNST�ALL ❑ LOOSE Y ❑ pB0ym ❑� ❑ WOOD ❑ TERRA= u OONCYIC.1' U CERAMIC ❑ OTHERS Y ITURE: U EMPTY U LIGHT U MED. Q HEAVY U HEAVY OFFICE U METAL SILVER p METAL QOLD 0 DINO 10816CAYNEBLVD. IAMI SEACH.. Fl. 33181 12645 $O DIXIE IiWY. MIAMI, rL 39154 1277ON NDALL OR. MIAMI. FL 93106 1Z04lS SO. DIXr�IE 1� MIAMI, FI. 93156 NO•0444 292 -2430 305.6343 232.243? V�a CITY p �10WH M 7 rmomt, ( Itirrus) IbFVtny OIIT C'% /1) �(/) lC�l.• -�' j ❑ YI:S 0.. "O l V l..(.G`.�.irf a ae sooe M raND+o �•i. (•ITY S-Nt/MOCn INSTAII. a T� o R Li 68750 t d suds ana11psa and cancellations in pRocs and quantities as may 6e n000ssary hockuco or war mnrfidonc. strlkeR. bckwI •. of rriner L*ur Irou9les. or emrpaney Div. am of 606,. ?► Ot'urr aircm!Iances toyund lour owwral. Pw.1SC enter ow a(dOr as Intlowr.: _ l,INNST�ALL ❑ LOOSE Y ❑ pB0ym ❑� ❑ WOOD ❑ TERRA= u OONCYIC.1' U CERAMIC ❑ OTHERS Y ITURE: U EMPTY U LIGHT U MED. Q HEAVY U HEAVY OFFICE U METAL SILVER p METAL QOLD 0 DINO NO. Cj)JN r 1 M(1( �G/Ti. . 1) �j / A141 01 ✓ 4= NYION U POLYESTER 6TEp I h� _ .4 g NATURAL OLEFIN VWJOL •y �' GC •••.• • - Q NA ON U POLYEUTL14 ��K�r /� Jf �, n l O NATURAL 0 ctcd� WOOL �C,4"JP (ol l �F!��i� • IW447 &1 71.... •�� I„_� 1 �� f 0- .-�-- TOW �- . y,C^� 0 POLYESTER U NATum Q OLEFIN N (:APPCTE U WOOL PIR Qu ,i'f ,/ ��J' �/. _.rrJ lQ+�.U� N • Ll7% •-�" RU9 SIZES APPROX. U WU N 0 tt'oLYESTER V NATURAL U OLEFIN WOOL •�+ LEN(iTN / O q QUAI I 1 ALL RUG SIZES APPROX. - WIDTH LENGTH PAS) G1.•�! L?s _1 C.' ••- U NYLON 0 POLYESTER U NATURAL �..._.. 0 OLEFIN .�.% U Wool TOSHIP 4CUST.OWN 1'! j 114FOOVED by l%) V STOCK AREA RUG SPECIAL INFO MATT N: RETURN POLICY rehandisr Mimi hr relurnttl triihin Wo (2 �.- � um darr of rksrw in uwl rrAUliliva. All — ��-- Gp'trft �- "I I I* Imucct y t•botk m• rralif a4tr rands _.. . Irlrrgrl. .. isrehandise Speotally OrOorod or Cul Nakoe This Ctontract Now nabb and Deposit Will Be forfoiled if Conti act he broached By WE DO NOT CUT DODRS OR MOVE MAJOR APPLIANCES 00CCE I TOTAL MATERIAL !!r!R.L�n mot. HIS IS A "SPECIAL. ORDER" SAMPLE i CARPET PURCHASED WILL VARY SALES TAX MwMAtIM O-14 IN COLOR AND TEXTURE 91 e0X Aar .NDARD PROCEDURE VARIANCE. ACCEPTEDSUYJBCTTOTERMSANDCONDf lONSUTFORTH HER&INANDON THE RLtV1[RSESIDE- CA91 plECK CREDIT 0 1 A V 0 F BYPURICk"EN BALANCE 'a INSTALLATION BEING DONE CUSTOMER'S REOUEST AND U Q A V 0 F NOT RECOMMENDED BY THE CARPET MART. BYPUR /19ER ---"" BA1J►NCE :)MER INITIAL >t 1 aY AL J ;A.ESh1AN r m, U A V D F ACCOUNTING COPY 68750 07/14/1999 11 ;56 3052517196 ACTION CARFET PAGE 02 ACTION CARPET CARE, INC. + 10790 SW 184TH ST. MIAMI, FLORIDA 33157 26339 FAX (305) 2171% DATE TO _ C 1 F -So J rA CuBTOMEp ORDER Nb. (0 1 0 u a S 9ALEdPEPISW1 l G 3 6 3 S—V G A y Taiara. C_�l f74% rOPY�6a700 13LIr) i ( "-140w, S ^19 c L e� /» 4 cry rs .rr r ►4�. AM a s o a ,L .v 2� �►/ysL OF /,'L ✓�" Bawd C A% P e--' -r- Nom✓ e i -+ G o c [�A a F' -- P&-k S v w Z D N o Fib' / c e S -- c s7 C_�l f74% rOPY�6a700 13LIr) i ( "-140w, v CITY OF SOUTH MIAMI To: Mayor and Commission Date: July 27, 1999 From: Charles Scurr Agenda Item # City Manager Fa'o'n Feldman Resolution REQUEST /3 The purpose of this memorandum is to recommend the approval of the attached resolution clarifying and bringing to closure matters pertaining to Assistant Chief Greg Feldman and authorizing the payment of an amount not to exceed $1,623.00 for legal fees and other expenses incurred by Mr. Feldman relative to the matter. BACKGROUND & ANALYSIS On April 3, 1997 Captain Greg Feldman was issued a notice of suspension with pay from the South Miami Police Department pending the completion of an Internal Affairs Investigation. No investigation was ever initiated and there were no grounds for such an investigation. Captain Feldman was returned to duty and subsequently promoted. The prior suspension, however, remains an open item that should be closed. Assistant Chief Feldman has requested that the City issue a letter clarifying for the record this situation. He has also requested reimbursement of $1,623.00 in legal fees and expenses he incurred. The Police Chief, City Attorney and myself all concur that this is the appropriate way to bring closure to this unfortunate occurrence. Assistant Chief Feldman has agreed to sign a release relative to this matter. Funding will come from Account 01 - 2100 -519 -9920, General Contingency, which has a fund balance in excess of $100, 000.00. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE A 5 LETTER CLARIFYING FOR THE RECORD THE SITUATION CONCERNING THE 6 PRIOR SUSPENSION OF CAPTAIN GREG FELDMAN AND AUTHORIZING THE 7 CITY MANAGER TO REIMBURSE MR. FELDMAN FOR LEGAL FEES AND 8 EXPENSES INCURRED IN AN AMOUNT NOT TO EXCEED 1,623.00 FROM 9 ACCOUNT 01- 2100 -519 -9920; NON - DEPARTMENTAL GENERAL 10 CONTINGENCY 11 12 13 WHEREAS, the City of South Miami and Assistant Police Greg Feldman desire to bring to 14 closure matters pertaining to the 1997 suspension with pay of then Captain Greg Feldman; and 15 16 WHEREAS, this is in the best interest of all parties. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI: 20 21 Section 1. The City Commission hereby directs the City Manager to issue a letter clarifying 22 for the record the situation concerning the prior suspension of Captain Greg Feldman. 23 24 Section 2. The City Commission hereby authorizes the City Manager to reimburse Mr. 25 Feldman for legal and other expenses incurred in an amount not to exceed $1,623.00 from Account 01- 26 2100 -519 -9920, Non - Departmental General Contingency. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 31 PASSED AND ADOPTED this day of , 1999. 32 33 ATTEST: APPROVED: 34 35 36 37 City Clerk Mayor 38 39 READ AND APPROVED AS TO FORM: 40 41 42 43 City Attorney _. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: July 27, 1999 FROM: Charles D. Scurr RE: Agenda Item # City Manager G Commission Meeting, July 27, 1999 Approval of expenditure for the repair work of Police City Vehicle no. 99 -05. --------------------------------------------------------------------------- --------------------------------------------------------------------------- The attached resolution seeks approval for the repair of police patrol vehicle No.99 -05. The cost of the repair work is $2,181.10. In late May, the patrol vehicle was involved in an accident requiring extensive body work and re- painting. Three quotes for repair were obtained from local vendors. The quote with the best warranty and price was offered by Mobile Customizing Inc. The repair of the Police vehicle is essential to the efficient operation of the Patrol Division. Approval is therefore recommended. The cost for the repairs will be charged to the City's "Self- insurance Fund" Account No. 504 -1500- 514.4680. Funds will be transferred from General Contingency to cover the expense. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, REGARDING CONTRACTS, 6 AUTHORIZING THE CITY MANAGER TO DISBURSE 7 THE SUM OF $2,181.10 TO MOBILE CUSTOMIZING 8 INC. (BODY SHOP) FOR THE REPAIR OF POLICE 9 PATROL VEHICLE NO. 99 -05, AND CHARGING THE 10 DISBURSEMENT TO ACCOUNT NO. 504 -1500- 11 514.4680 "SELF INSURANCE FUND /AUTO REPAIRS ". 12 13 WHEREAS, the City of South Miami provides police protection for residents, visitors 14 and the business community, and; 15 16 WHEREAS, police patrol vehicle no. 99 -05 was recently damaged in an accident, 17 requiring body work and miscellaneous repairs, and; 18 19 WHEREAS, it is imperative that all police patrol vehicles are operational in order to 20 maximize the effectiveness of police protection efforts. 21 22 NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION 23 of the CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. The Public Works Department has obtained the following quotes for 26 the repair of the patrol vehicle: 27 28 Auto Painting USA $2,897.75 29 Maaco Auto Painting $2,863.79 30 Mobile Customizing Inc. $2,181.10 31 32 Section 2. The City Manager is hereby authorized to disburse the total sum of $2,181.10 33 to Mobile Customizing Inc. 34 35 Section 3. That this resolution shall be effective immediately after adoption thereof. 36 37 PASSED AND ADOPTED this 27th day July of 1999. 38 39 APPROVED: 40 41 42 43 MAYOR 44 ATTEST: 45 46 47 48 CITY CLERK 49 50 51 READ AND APPROVED AS TO FORM: 52 53 54 55 CITY ATTORNEY CI rrl -1 �� ,n r J, y o o ,� CA '� © o o v � y N c � � 1 n :z y � FLORIDA RASH REPORT �z' %� 07/1 � s� �j — FFiC C "C / ......�...�:.. LONG FORM SHORT FORM ... .....1.... ................ DO NOT WRITE IN THIS SPACE MAIL T3 PliPT. OF HIGHWAY SAFETY & MOTOR VEHICLES e TRAFFIC CRASH RECORDS ' TALLAHASSEE. FLORIDA 32399-0500 INSURANCE COMPANY (LIABILITY OR PIP) n t 2 Functional GATE OF CRASH TIME OF CRASH TIME OFFICER NOTIFIED TIME OFFICER ARRIVED INVEST AGENCY REPORT NUMBER HSMV CRASH REPORT NUMBER EJECTED C OS 1 15 1 99 910 DAM El PM 920 AM PM 930 53568441 CU COUNTY / CITY CODE Feet or Miles N --DMFIPM1994934A S E W CITY OR TOWN ( Checx d to Gty or Town( COUNTY 01/87 m SOUTH MIAMI IAMI —DARE ad AT NODE NO or FEET 1 MILES FROM NODE NO NEXT NODE N0, NO. OF LANES ON STREET, ROAD OR HIGHWAY I t DIVIDED 2 _E + 1 2 UNDIVIDED S.W. 70 ST. H AT INTERSECTION OF or FEET I MILES OF INTERSECTION OF N S E W 3 + M 2 F1 M F1 M X S.R.5 (SOUTH DIXIE HIGHWAY) DRIVER I Phantom ACTION 2 Hi; & Run YEAR MAKE TYPE USE VEH. LICENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBER 2 4 POINT OF IMPAC 3NIA TRAILER OR TOWED VEHICLE 99 FORD O1 TRAILER 08 TYPE 131 928 FL 2FAFP71XX152392 I IS CIRCLE AREA OF X1. 6 6 S DAMAGE INFORMATION e 14 (13 1t 19UOve�rturn C VEHICLE TRAVE ING ON At Est. MPH Posted Speed EST. VEHICLE DAMAGE I Disabling EST TRAILER DWEI 20 Windshielc 21 Fire It I 1 h X S.W. 70 ST. 35 35 2 Functional $ 11900 3 No Damage 1 s N/A 22 Trader 1 a) INSURANCE COMPANY (LIABILITY OR PIP) POI BER ICY NUM VEHICLE REMOVED BY +Tow Rotation List 3 Driver -,n s FLORIDA MUNICIPAL INS. TRUST FMIT #563 DRIVER 2 Tow Owner s Request 40ther F3 > OWNER'S FULL NAME (Check if Driver) CURRENT ADDRESS (Number and Street) CITY AND STATE DP CODE 1 CITY OF SOUTH MIAMI 6130 S.W. 72 ST. SO.MIAMI, FL. 33143 OWNER'S FULL NAME (Trailer or Towed Vehicle) CURRENT ADDRESS (Number and Street) CITY AND STATE ZIP CODE N/A DRIVER (Exactly as on Driver License)1 Pedestrian CURRENT ADDRESS (Number and Street) CITY IS STATE I ZIP CODE DATE OF BIRTH cc TORRIS LAMONT COOPER 6130 S.W. 72 ST SO.MIAMI FL. 33143 107/12/74 y DRIVER LICENSE NUMBER STATE a REO TYPE END BAC TEST 3 Urine RESULTS All DRUG PHYS. DEF. RES RACE SEX INJ. S. EQUIP. EJEC' a C1b0- 812 -74 -252 -0 FL 5 2 I Bread 4 Re esed 5 % 1 1 1 2 1 1 2 1 HAZARDOUS MATERIALS 1 Yes 2 No BEING TRANSPORTED PLACARDED I Yes 2 No RECOMMEND t Yes 2 No If YES, Explain in DRIVER'S PHONE NO. X RE-EXAM Narrative X X (305 ) 663 -6301 PASSENGER'S NAME (Additional on Continuation Page) CURRENT ADDRESS CITY & STATEIZIP I AGF I I nr. I Ixll I c Fni up c irr DRIVER I Phantom ACTION 2 Hit & Run 3 NIA CIRCLE AREA OF YEAR TRAILER OR TOWED VEHICLE S INFORMATION e C t VEHICLESTRAVE ING r- , do O v INSURANCE COMPANY (LIABILITY OR PIP) n t 2 Functional 22 Trailer OWNER'S FULL NAME (Check if Driver) 2 SAFETY EQUIPMENT IN USE OWNER'S FULL NAME (Trailer or Towed a DRIVER (Exactly as on Driver License)/ F to DRIVER LICENSE NUMBER d (L HAZARDOUS MATERIALS I Yes ; BEING TRANSPORTED PASSENGER'S NAME (Additional on Coni N/A MAKE I TYPE I USE I VEH. LICENSE N MPH STATE TDYLPE ENO. BAC TEST 3 Urine 1 Blood 4 Refused 2 Breath 5 None PLACARDED I Yes 2 No Page) CURRENT ADDRESS . HESU1.15�I ALI DRUG I PHYS. DEF.I RES RECOMMEND 1 Yes 2 No If YES. Explain to RE -EXAM ❑ ❑ Narrative CITY & STATE/ ZIP & STATE I ZIP CODE DATE OF BIRTH RACE SEX INJ. S. EQUIP. )RIVER'S PHONE NO. C O EO5 p C do -p p U CIRCLE AREA OF 01 Private Transportation 02 Commercial Passenger 03 Commercial Cargo 04 Public Transportation 05 Public School Bus 06 Private School Bus 07 Ambulance 08 law Enforcement 09 FirelRescue 10 Military 11 Other Government 77 Other I IS Ti II i DAMAGE 1 County of Crash 2 Elsewhere in State 3 Non - Resident of State 4 Forei n 5 Unknown 18 Undercamaa_ 1 Not Drinking or Using Drugs 2 Alcohol - Under Influence 3 Drugs -Under Influence 4 Alcohol & Drugs -Under Influence 5 Had Been Drinking 6 Pending BAC Test Result 14 13 (12 11 10 9 19 Overturn HICLE DAMAGE I Disabling 20 Windshield EST. TRAILER DAMAGE 21 Fire 2 Functional 22 Trailer 3 No Damage $ SAFETY EQUIPMENT IN USE VEHICLE REMOVED BY: I Tow Rotation List 3 Driver EJECTED REOUIRED ENDORSEMENTS 2 Tow Owner's Request 4 Other and Street) CITY AND STATE ZIP CODE . HESU1.15�I ALI DRUG I PHYS. DEF.I RES RECOMMEND 1 Yes 2 No If YES. Explain to RE -EXAM ❑ ❑ Narrative CITY & STATE/ ZIP & STATE I ZIP CODE DATE OF BIRTH RACE SEX INJ. S. EQUIP. )RIVER'S PHONE NO. C O EO5 p C do -p p U Ot Automobile 02 Passenger Van 03 Pickup /Light Truck (2 rear tires) 04 Medium Truck (4 rear sRs) Heavy Truck (2 or more rear axles) 06 Truck Tractor (Cab) 07 Motor Home IRV) 08 Bus D9 Bicycle 10 Motorcycle n Moped t2 All Terrain Vehicle t3 Tram 77 Other 01 Private Transportation 02 Commercial Passenger 03 Commercial Cargo 04 Public Transportation 05 Public School Bus 06 Private School Bus 07 Ambulance 08 law Enforcement 09 FirelRescue 10 Military 11 Other Government 77 Other 01 Single Semi Trailer 02 Tandem Semi Traderls) 03 Tank Trader 04 Saddle Mount I Flatbed 05 Boat Trailer 06 Utility Trader 07 House Trailer 08 Pole Trailer 09 Towed Vehicle 77 Other 1 County of Crash 2 Elsewhere in State 3 Non - Resident of State 4 Forei n 5 Unknown 1 No Defects Known 2 Eyesight Detect 3 FatiguelAsleep 4 Hearing Defect 5 Illness 6 Seizure. Epilepsy, Blackout 7 Other Physical Defect 1 Not Drinking or Using Drugs 2 Alcohol - Under Influence 3 Drugs -Under Influence 4 Alcohol & Drugs -Under Influence 5 Had Been Drinking 6 Pending BAC Test Result LVVI,I IVI. In Vehicle I Front Leh 2 Front Center 3 Front Right 4 Rear Leh 5 Rear Center 6 Rear Right 7 In Body of Truck 8 Bus Passenger 9 Other DL TYPE RACE 1 A 2 B 3 C 4 Dl Chauffeur 5 E /Operator 6 E /Oper -Rest 7 None 1 White 2 Black 3 Hispanic 4 Other INJURY SEVERITY SAFETY EQUIPMENT IN USE None 2 Possible 3 Non - Incapacitating 4 Incapacitating 5 Fatal (Within 90 Daysl 6 Non-Traffic Fatality t Not In Use 2 Seat Belt I Shoulder Harness 3 Child Restraint 4 Air Bag 5 Safety Helmet 6 Eye Protection EJECTED REOUIRED ENDORSEMENTS SEX 2 Yes 3 Farhat t Mak 2 Female 1 Yes 2 No 3 J R HSMV 90003 (1195) S Page of 4 Pages DRIVER I Phantom YEAR MAKE TYPE USE VEH. LICENSE NUMBER STATE VEHICLE IDENTIFICATION NUMBS POINT OF IMPA ACTION 7, Hit d Run CIRCLE DAMAGE t1l W11 TRAILER OR TOWED VEHICLE S TRAILER TYPE INFORMATION 14 3 BUndercw 19 Overturn D VEHICLE TRAYE NG ON At Est. MPH Posted Speed EST. VEHICLE DAMAGE I Disabling EST TRAILER DAMAGE 20 W'��1e1' It 2 Functional 2? Fire 1 i 3 No Damage S 22 Trailer d INSURANCE COMPANY (LIABILITY OR PIP) POLICY NUMBER VEHICLE REMOVED BY p � 1 Tow Rotation List 3 Dever n c 2 Tow Owners Request 4 Other 3 OWNER'S FULL NAME (Check it Driver( CURRENT ADDRESS (Number and Street) CITY AND STATE DP CODE OWNER'S FULL NAME (Trader or Towed Vehicle( CURRENT ADDRESS (Number and Street CITY AND STATE ZIP CODE c: DRIVER (Exactly as on Driver License( I Pedestrian CURRENT ADDRESS (Number and Street) CITY b STATE I ZIP CODE DATE OF BIRTH T N DRIVER LICENSE NUMBER STATE R� BAC TEST 3 Urine RESULTS ALIDRUG PHYS. DEF. RES RACE SEX INJ, S. EQUIP. EJEi tiff 1 Blood 4 Refused t1 2 Breath 5 None ii HAZARDOUS MATERIALS t Yes 2 No PLACARDED 1 Yes 2 No RECOMMEND 1 Yes 2 No It YES. Explain in DRIVER'S PHONE NO. BEING TRANSPORTED RE-EXAM Narrative I ) PASSENGER'S NAME (Additional on Continuation Page) CURRENT ADDRESS CITY 6 STATE/ ZIP AGE I LOC. I INJ. I S. EQUIP EJE. # PROPERTY DAMAGED - OTHER THAN VEHICLES EST, AMOUNT OWNER'S NAME ADDRESS CITY STATE ZIP 1 STREET SIGN (NO STOPPING..) $ 100.0 MIAMI -DADE COUNTY # PROPERTY DAMAGED - OTHER THAN VEHICLES EST, AMOUNT OWNER'S NAME ADDRESS CITY STATE ZIP 2 $ CONTRIBUTING CAUSES • DRIVER IPED. VEHICLE DEFECT VEHICLE MOVEMENT VEHICLE SPECIAL FUNCTIONS 01 No Improper Driving /Action 1 2 3 02 Careless Driving 03 Failed to Yield Right-of-Way ] ] � � 01 No Defects 1 2 3 02 Def. Brakes 03 I Smooth Tires 01 a a 01 Straght Ahead 1 2 3 02 Sloan 1Stopped/ Slalled 03 Making 1 None 1 2 3 2 Farm 04 Improper Backing Defe 04 Detechvellmpruller Lefl 04 Backing a ED 3 Police Pursue a 05 Improper Lane Change 06 Improper Turn ❑ Lights OS Puncture/ ❑ ❑ ❑ 05 Making Right Turn 11 Passing 06 Changing Lanes 12 Driverless or 4 Reueatiixrsl 5 Emergency Operation 6 Construction lMaintenarnce 07 07 Alcohol-Under Influence 06 Steering Mach. 07 Entering/Leaving Parking Space Runaway Veh. 08 Drugs -Under Influence 09 Alcohol 8 Drugs -Under Influence ❑ ❑ ❑ 07 Windshield Wipers 08 Equipment/ Vehicle 77 All Other 08 Properly Parked 77 All Other 09 Improperly Parked (Explain in 10 Followed Too Closely Defect Ez lain in Narrative 10 Makin U -Turn Narrative 11 Disregarded Traffic Signal LOCATION ON ROADWAY PEDESTRIAN ACTION LOCATION TYPE 12 Exceeded Sale Speed Limn 19 Improper Load 13 Disregarded Stop Sign 20 Disregarded Other 1 On Road 1 2 3 01 Crossing Not at Intersection 07 Other Working 1 2 3 14 Failed to Maintain Equip.) Vehicle Tragic Control t5 Improper Passing 21 Driving Wrong Side/Way 2 Shoulder On Road ❑ ❑ 01 3 Shoulder 1 03 Crotaing at Intenseihtat 08 SlandintglPlalnng Crossing at nid-0bdc Crosswalk in Road a ❑ 1 Pnmenry Business t6 Drove Leh of Center 22 Fleeing Police 4 Median 04 Walking Road With Traffic in Road 2 Primarily 17 Exceeded Stated Speed limit 23 Vehicle Modified 5 Turn Lane/ 05 Walking Along Road Against Tragic 09 Standing m n All Other (Ezplam) Residential 18 Obstructing Traffic 77 All -Other (Explain) Safety Zone 06 Working on Vehicle in Road Pedeatnan Island 88 Unknown 3 Open Country FIRST I SUBSEQUENT HARMFUL EVENT ROAD SYSTEM IDENTIFIER LIGHTING CONDITION 01 Collision With MV in Transport (Rear-end) 15 Collision With Animal 29 MV Ran Into Ditch/Culvert 02 Collision With MV in Transport (Head -on) 16 MV Hit Sign/Sign Post 30 Ran Off Road Into Water 01 Interstate 07 Forest Road 02 U.S. 01 Daylight 03 Collision With MV in Transport (Angle) 17 MV Hit Utility Pole/Light Pole 31 Overturned 17 All Other 03 State 02 Dusk 03 Dawn 04 Collision With MV in Transport (left Turn) 18 MV Hit Guardrail 32 Occupant Fell From Vehicle 05 Collision With MV in Transport (Right Turn) 19 MV Hit Fence 04 County 1 04 Dark (Street Light) 33 Tractoffrrailer Jackknifed D6 Collision With MV in Transport (Sideswipe) 20 MV Hit Concrete Barrier Wall 34 Fire 05 Local 06 Turnpike /Toll 05 Dark (No Street Light) 88 Unknown 07 Collision With MV in Transport (Backed Into) 21 MV Hit BridgelPierlAbutmenURail 35 Explosion ROAD SURFACE I CONDITION WEATHER ROAD SURFACE TYPE 08 Collision With Parked Car 22 MV Hit Tree/Shrubbery T7 All Other (Explain) 09 Collision With MV on Other Roadway 23 Collision With Construction BamcadelSign 01 Dry 01 Clear 01 Slag /Gravel /Stone 10 Collision With Pedestrian 24 Collision With Tragic Gate F S 11 Collision With Bicycle 25 Collision With Crash Aftenuallors ❑ ❑ 12 Collision With Bicycle (Bike Lane) 26 Collision With Object Above Rom ] ] 02 Wet ❑ 03 Slippery 02 Cloudy ❑ 03 Rain 02 Blacktop ❑ 03 13 Collision With Moped 27 MV Hit Other fixed Object Fixed W Icy 04 Fog ConcIBlock 04 Concrete 14 Collision With Train 28 Collision With Moveable Object On Road 77 All Other (Explain) 77 AN Other (Explain) OS Dirt 77 All Other (Explain) CONTRIBUTING CAUSES - ROAD CONTRIBUTING CAUSES - TRAFFIC CONTROL SITE LOCATION TRAFFICWAY ENVIRONMENT CHARACTER 01 No Defects 02 Obstruction With /Without Warning 01 Vision Not Obscured 02 Inclement Weather 01 No Control 11 No Passing Zone 02 School Zone 77 All Other (Explain) 01 Not At Intersection I FIR X'ingIBridge 02 At Intersection 1 Straight-Level 03 Road Under Repair I Construction 04 Loose Surface Materials ❑ 03 Parked I Slopped Vehicle 04 03 Traffic Signal 04 Stop Sign 03 Influenced By Intersection 04 Driveway 2 Straight- Upgrade) Downgrade 3 Curve-Level OS Shoulders - SofflLowlHigh 1 06 Holes I Ruts I Unsafe Paved Edge OS Load on Vehicle 1 Load on Vehicle OS Yield Sign 3 OS Railroad Crossing 1 Crossing ❑ 4 Curve - Upgrade) Eli I Buildin%y1FixedObject 06 Flashing Light 06 Bridge rade 07 Standing Water ❑ 08 Worn/ Polished Road Surface 07 Signs / illboards ❑ 08 Fog 07 Railroad Signal ❑ 08 OfficerlGuardlFlagman 07 Entrance Ramp 11 Private Property 08 Exit Ramp 77 All Other TYPE SHOULDER a 77 All Other (Explain) 09 Smoke 09 Posted No U -Turn D9 Parking Lot - Public (Explain) 1 Paved 10 Glare 77 All Other Ex lain 10 Special Speed Zone 10 Parkin. . Private 2 Unpaved 3 Curb VIOLATOR FL STATUTE NUMBER NAME CHARGE CITATION it NONE Page a of `+ Pages ��- sc. �, , , r r -.. ,..;nT � x� � - F�� =�% _a• , . ,.. ., ... w ,..., r- .. ..^ . , .;, „...,. i�a ..., . .�.» ., �. ��r�� , a 3?�s FLORIDATRAFFIC CRASH REPORT ........................................................................................................... ............................... NARRATIVE / DIAGRAM �O NOT WRITE IN THIS SPACE MAIL TO: DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES TRAFFIC CRASH RECORDS TALLAHASSEE. FLORIDA 32399-0500 .......................................................................................................... ............................... EMS INFO TIME FATALS NOTIFIED ONLY EMS AM PM NIA TIME EMS AM pM ARRIVED N/ A COUNTY I CITY CODE 01/87 DATE OF CRASH 105-15-99 INVEST AGENCY REPORT NUMBER 994934A HSMV CRASH REPORT NUMBER 53568441 NARRATIVE I ADDITIONAL PASSENGERS ACCORDING TO DRIVER OF VEHICLE ll AND MADE A LEFT ONTO W 70 ST. UPON MAKING LEFT, VEHICLE SLID SIDEWAYS AND STRUCK THE NORTHERN CURB OF SW 7 VEHICLE LANDED ON THE GRASS , WHILE DRIVER ATTEMPTED TO GAIN CONTROL. VEHICLE'S MOMEN U', THEN FORCED VEHICLE BACK ON TO SW 70 ST. AND THEN UP AND OVER CENTER MEDIAN. VEHICLE THEN CAME TO A STOP. NOTE: WHILE VEHICLE WAS ON THE GRASS, VEHICLE SIDESWIPE A TRAFFIC SIGN. NO INJURY REPORTED. SEC. N PASS. N PASSENGER NAME ADDRESS CITY & STATE ZIP Age Loc. MI. quip. Ejr I VIOLATOR FL STATUTE NUMBER NAME CHARGE CITATION N VIOLATOR FL STATUTE NUMBER NAME CHARGE CITATION N WITNESS - NAME ADDRESS CITY & STATE DP I NONE WITNESS • NAME ADDRESS CITY & STATE ZIP 2 FIRST AID GIVEN BY - NAME: I Physician or Nurse 4 Certified 1st Aider N/A 2 Parametic or EMT 5 Other 3 Police Officer INJURED TAKEN TO: BY - NAME: WAS I YES 2 NO WHERE? INVESTIGATION MADE AT SCENE? Fq IS INVESTIGATION 1 YES 2 NO WHY? COMPLETE? Fxl Fl DATE OF REPORT 01 5111 5 9 9 PHOTOS 1 YES 2 NO 3 INVEST. AGENCY 4 OTHER TAKEN? INVESTIGATOR . RANK & SIGNATURE SGT. DIAZ, M. ID I BADGE NUMBER 237/ SGT I DEPARTMENT FHP SO CPD OTHER SOUTH MIAMI HSMV 90005 (Rev. 1195) S Page 3 of 4 Pages DIAGRAM j .ACvzArn (-\ti'-- POc-� A9. APP2L;x Ar -.A7L 5 A.j,3 )JET Z�(LP.ruN 7..: SCALE. S. R.6- -i> Z Q0� Gass �C:l:t-�tw�r Mc scan. C- 'a S -7 o S-I 7Z Page y of y Page (n, INDICATE NORTH WITH ARROW Po.C. -kLI v' S U �: T"L: 1J L. L. v F 5,v -70 Si . 3' aJ O F Lv L.L. 0 CGLMc T CuQCj� V c- .4 d, L ., o ST. 4 A 0' o G t t} L,�, L.L. of sQ.S. P OO S i a' S 0 V 7t4 L NJ L.L �'- S- -7 ST. 1 y' L j O p- Ttt t w L.• L OF S .2.� 3- uES T (oFs+ 4uc cA �- /01SS 0,-) C a u s i m 4 i. V ]i 1. /P A w 7 1 IR �ScJ Li„� CASE NlMER - AA SIGNATURE /s9' form /statstors 4/95 FROM : AUTO PAINTING USA A PHONE NO. : 305+255+5878 KENDALL ut 8780 S.W. 132 STREET 990Y REPAIR CENTERS, ING MIAMI, FLORIDA 33176 THIS IS AN ESTIMATE — NOT AN INVOICE PREPARED BY uemm , --Xvt MILEAGE ary JJsip STATE HOME PHONE BU'S I'lloNt WE. WAN' TEL: (306) 256-2427 YOU TO $1 AATISFIED 4 N2 15076 ESTIMATED DA YIP Save Parts Yos No PAINT i MATERIALS otm 811•r MfFktt uwri TOTALS Pol PAINT SERVIC I IXTFRQ 7 7 I ac A71- rw lc olow e/ -ffa of le CLIS (hq gg� 12 'Ke oll CtrnS (,WT;.Nr)g P O y X Cv TA VAN OR PICN UP n n YES 0 N'.5 Save Parts Yos No PAINT i MATERIALS otm 811•r MfFktt uwri TOTALS Pol ol rLEl &C.FNI rlYF% n No IWIJ IQFIj a Yfs n tic THE AIM ISAMEST)MAlk PAtitU UN OUR INSPFi TION AND DOES NDI L!UVLW suit FOR CHARGES ADDITKMM PARTS OR L48M WHICH MAY BE REQUIPIEDAFTFATIOE WORK HAS HOURLY RATE FLAT RATE MOTH BEEN OKNED 0 0004101*41 Y WORN PARTS ARE DISCOVERED AFTFRWORK K43 37MTE D. WHICH W[K 140T EVIDENT ON FIRST INSPf M ION BECAJTt (IF THIS, THE ABOVE PRICES ARE NOT GUARANYP60 RE►AI WORN CARPIC'. A go OAV WARRANTY PAINT WORC COFIRIC�, & I IMITF n CASH VAILCU ARRANQG40014n ARE MADE "I WARRANTY TIJAT VARIFS WITH EACH PAWILULAR TYPE OF PAINI 4*,00ST*NAgZpffONVEN0L[jrNOT PICKED UP Al(ERIIAL SOURCE 3 DAYS APTFA COMPLETION, *141"Al CdVIWw . DOPt WArf Shop Aut"041112to ey HAI F 1041 ONES r3mo *1 C 0 L OF' f)'fj T(W � wn COLil- -snom FDCF GUARD uyi,% 0-0 ,IrF TRIM U Ttj W NQ WWF.E, WEI i uip I) I1 vL N tj mu TOTAL PAINT & TRIM TOTAL 1,AROR 10" $LISLE 1 0 0 a TOTAL f IAH I PAIN I& MAI ERIAL' ; HAIAMUL)LIX $15.00 WASTE HANDLING $Ud IUIAL 71 TAX 7, ESTIMATE GOOD FOR D SONRY NO CHECKS ACCEPTED NOT REWNRIIIII, F FOR LOSS OR DAMA17c TO CAR OR Aktitt FS LtrT!Pd CAM IN CASE OF FIRE. 7Hf Fl OH OTHER GAIL*t PFYOND OUR LXA NvL I w-fpi AMH6111ilf THE Afkwk KPAIRWORK 10 lit UQWF ft oNc, WITH THE NECE%5Afty MATCRIAA AND "FREDY UR41141 rlu ANr,^rt W)IM FMPLOV195 KOUI!: siON 70 OPERATE THE AHIC! F HEREIN An%h0WLfnGtr, ON ANOVi VEHICLE Tn wool THE AMOUNT or REPAIR IHERCTO PAINT SERVIC I IXTFRQ 7 7 I CLIS (hq CtrnS (,WT;.Nr)g P O OYES 0 Nn 6 .3-0, V VAN OR PICN UP n n YES 0 N'.5 'TAT ION Wk',014 1 15 VIIF 0 NO rX)0P r rl YES 0 NO .0 u uNDI 4 HUG'? c cl VES 0 NO UIrUL" Iwj,o. M M*Fr. WHELLS _j7j W THE AIM ISAMEST)MAlk PAtitU UN OUR INSPFi TION AND DOES NDI L!UVLW suit FOR CHARGES ADDITKMM PARTS OR L48M WHICH MAY BE REQUIPIEDAFTFATIOE WORK HAS HOURLY RATE FLAT RATE MOTH BEEN OKNED 0 0004101*41 Y WORN PARTS ARE DISCOVERED AFTFRWORK K43 37MTE D. WHICH W[K 140T EVIDENT ON FIRST INSPf M ION BECAJTt (IF THIS, THE ABOVE PRICES ARE NOT GUARANYP60 RE►AI WORN CARPIC'. A go OAV WARRANTY PAINT WORC COFIRIC�, & I IMITF n CASH VAILCU ARRANQG40014n ARE MADE "I WARRANTY TIJAT VARIFS WITH EACH PAWILULAR TYPE OF PAINI 4*,00ST*NAgZpffONVEN0L[jrNOT PICKED UP Al(ERIIAL SOURCE 3 DAYS APTFA COMPLETION, *141"Al CdVIWw . DOPt WArf Shop Aut"041112to ey HAI F 1041 ONES r3mo *1 C 0 L OF' f)'fj T(W � wn COLil- -snom FDCF GUARD uyi,% 0-0 ,IrF TRIM U Ttj W NQ WWF.E, WEI i uip I) I1 vL N tj mu TOTAL PAINT & TRIM TOTAL 1,AROR 10" $LISLE 1 0 0 a TOTAL f IAH I PAIN I& MAI ERIAL' ; HAIAMUL)LIX $15.00 WASTE HANDLING $Ud IUIAL 71 TAX 7, ESTIMATE GOOD FOR D SONRY NO CHECKS ACCEPTED NOT REWNRIIIII, F FOR LOSS OR DAMA17c TO CAR OR Aktitt FS LtrT!Pd CAM IN CASE OF FIRE. 7Hf Fl OH OTHER GAIL*t PFYOND OUR LXA NvL I w-fpi AMH6111ilf THE Afkwk KPAIRWORK 10 lit UQWF ft oNc, WITH THE NECE%5Afty MATCRIAA AND "FREDY UR41141 rlu ANr,^rt W)IM FMPLOV195 KOUI!: siON 70 OPERATE THE AHIC! F HEREIN An%h0WLfnGtr, ON ANOVi VEHICLE Tn wool THE AMOUNT or REPAIR IHERCTO Data: 0111131119 11:40 AM Eatkrala D: ° Prdlndnsry ProfM e): CUSTOMIZED M. Additional coats AnroufA N. Adlustmants _ A n MA Non -Tax" Costs 81.10 Cus6mw Rawons"lty 0.80 Total AddKkMW Costs $1.20 I. Tow Liar: 801.66 N. Toth PA*Isc trmt Parts: 468.07 alt, Total Adilitbnal Costs: 11.10 Grow Taw: ♦0.i kY. Tow Watmarts: 0.00 alai Total: f 1,140.21 o This is a Drebffdnwy eatimdia. Add ftftel chanat:s to the estimits may be reguired for the #Ajml repair. Poirdla) of knpnd 4 RWK Raw W& (P) ESTIMATE RECALL NUMBEW- ti1111t8 10:87:18 uwaMa% is a T1 Mltchall OsAa YarNo►c Fl61 N,A Copyrgle (C1AN RON 0 co Id LtotLL690£ /U y U pqp 4 of ! s wd L0:90 0001- 90 -7nf '4 �v-�olx Z. z;l, r- 2— NVCj4AkGi fAAAC0 AUTO PAINTINC-T '�'mt l'ITI nt BODYWORK-, CENTIfl'"' 4, rt� ^/4' _Z _7pM_ 122S) SAV. 117 coujP MIAMI• FLORIDA 33 Ole, "T 77,1 - i 'N'll 2,7131ST, Fit 0051132-111, �J*�. Ff, ItLq ONA'71;718 r SIG NA Cs ULTRAURCMNN" SUFF��SIOKNTIALe AMEAS&ORS N UR CT- "AA C'y12— 41 Vve vpwTk WmLs CHAMEt Lamm AT ON'% Pors A /12 2 'o"y TO wl 4 S T I � 4 PLEASE READ G ' -y. OF THE STATEMENTS BELOW, AND SIGN: I UNP RSTAND THAT DER FLORIDA STATE LAW, I AM ENTITLED TO A WRIT-TEN ESTIMATE, IF MY FINALiBILL WILL EXCZ $100. 17 I AFEQUEST A WA FEN ESTIMATE. 0 .3 lb NOT REQUE :'A WRITTEN ESTIMATE AS LONG A$ THE REPAIR COST DOES NOT EXCEED THE SHOP MAY r EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. 100 NOT REQUE A WRITTEN ESTIMATE. SIGNED: DATE: YCS+o Nil I 1i 9LAVRAIEM Ho%VC] 00rHC CASHq '.cHKK.o :REDITD J C usl opliER E^ IiMATE COPY SEE REVERSE SIDE .FW t Assessed By Condition Code: Good Arrival Date: 91119 Deductible: UNKNOWN Owrwr SOUTH MOAN POLICE 99•og MOM" CUSTOMI3MID pm. omw ar10P 2731 N.W. 30 ST M(IAM4 MENIL FL 2314? (300) 137 -'IMi Appraised For SOUTH MUUMI POLICE Darr. 0913M 11:20 AM Esti wis W. Pra1Ns Hr CUSTOMM) Type of Loa: cmaklmn Mechell Service: hose D"erfptlon. 1110 Pond crown Vk torls Lx Body Styts: 40 SW Orlw Tram: 4AIL w t Cyl AO Lleanes: 131!41 FL Cukw: WAIT Options: AIR CONDITIONMIG, POWER STEERING, POUTER BRAKES. POWNR NNIMOWS, pQy11ER Dow LOCKS DRIVER SOS AIR BAG. CRUISE CONTROL. DEFOGGER REAR, AM I FM STMW CASSETTE TAPE PLAYER, AUTOMATIC TRANS,., PASSENGER SIDE AIR BAG. CB RADIO FUEL NdECT10N Line Entry Labor Line Sam Nut Type/ Man Number Type Operation peft Ion Dollar Labor Prrt muffli r i 006261 MY REMOVEIREPLACE WHEEL r1AZ 1007 EA Arnrnnrl Units t 066»6 sar M MOV60"PLACE NWNEEL COVER rtAt IUD AA 97.80 4.3 76.10 3 0aa0M Wrf • ...-. F AUCL - sbmef a a1o,7 TIDY NOW "la'i ".06 • e.M 6 AUTO REF ltrr R QUARTER OUTS= 6 001137 MY REEFFOn 2A 7 AUTO Mr. REAR iODY PANEL 1 001188 BDY IIEMOVENtEPLACE REAR BUMPER COVER FW ITT M6 AA 0.0 300.01 1.0 s AUTO REF REFNWSH REAR BUMPER COVER 42 10 AUTO A001. COST PAINT/MATERIALS 11.20' " - Judgement It m 0 - Labor Note Appks Add9 Labor sublet L Labor Subtotals Units . Rate Amovi t Amount TOMM IL Part Raplaeamant Sronwary AnguM Body 16.8 20.00 SAM 0.00 410.* Nos•Ta:a4M Ports INA? Bdy-S 0.0 38.00 0.80 30.06 39.16 Par10 AdMnslrnrenN2 N;*. Refinish IIA 29.00 0.00 0.40 100.50 TOW R"*MWTWA Parts Amount 409.07 Non- TaxabN Carter *1.M Labor sommary 21.9 M16s ESTIMATE RECALL NUMBER: 917109 'W:l7:10 UpraMate Is a Trademark of MrbclMi In1wr adonal Mltch6l Dela VOrNon: FEIk_6$ -A Cop"Wet (0) 1064.1*? Mfth it itMsrl umm Pa* 1 d 2 AN � Romery d EN L606LL690£ 9 Wd 90 :80 6661- 80 -7nf k To: Mayor and Commission Date: July 27, 1999 From: Charles Scurf Agenda Item # Y Cit Mana g er fa 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 $7,943.47 for the period ending June 30, 1999. 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. Current Balance This Invoice $ 4,912.13 $ .33 $ 5,500.00 $ 2,612.10 $ 33,889.77 $ 5,331.04 1 RESOLUTION N, O. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN 6 GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $7,943.47 7 CHARGING $33 TO ACCOUNT NO. 1500 -3435, CONSULTING - 8 REAL PROPERTY /FORECLOSURE, CHARGING $2,612.10 TO 9 ACCOUNT NO. 608 -1910 -521 -3100, PROFESSIONAL SERVICES, 10 AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, 11 LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City Commission of the City of South Miami approved 15 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 16 payment of City Attorney non - retainer attorneys' fees and costs; and, 17 18 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 19 legal services rendered, and costs advanced, for the period ending June 30, 1999, in the 20 amount of $7,943.47; and, 21 22 WHEREAS, the City Attorney recommends payment of the attached invoices. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The invoices for attorneys' fees and costs. received from Nagin 28 Gallop Figueredo, P.A., in the total amount of $7,943.47, are approved for payment and 29 $33 shall be charged to Account No. 1500 -3435, Consulting -Real Property /Foreclosure; 30 Charging $2,612.10 to Account No. 608 - 1910 -521 -3100, Professional Services; and the 31 remainder to Account No. 1500 -3410; Legal Services Non Retainer. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 PASSED AND ADOPTED this day of , 1999. 36 37 ATTEST: APPROVED: 38 39 CITY CLERK MAYOR 40 41 COMMISSION VOTE: 42 READ AND APPROVED AS TO FORM: Mayor Robaina: 43 Vice Mayor Oliveros: 44 Commissioner Feliu: 45 CITY ATTORNEY Commissioner Bethel: 46 Commissioner Russell: Additions shown by underlining and deletions shown by 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 $7,943.47 CHARGING $.33 TO ACCOUNT NO. 1500 -3435, CONSULTING - REAL PROPERTY /FORECLOSURE, CHARGING $2,612.10 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 June 30, 1999, in the amount of $7,943.47; 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 $7,943.47, are approved for payment and $33 shall be charged to Account No. 1500 -3435, Consulting -Real Property/Foreclosure; Charging $2,612.10 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 , 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 �. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGI N GALLOP FI GUERED OP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 City Manager July 7, 1999 Charles D. Scurr Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Statement No. 4217 City of South Miami, FL 33143 6/7/1999 EGG Prepared opinion regarding applicability of county "cone of silence" 0.60 105.00 ordinance to municipalities 6/7/1999 EGG Reviewed village of Key Biscayne charter provisions regarding 0.30 52.50 initiative and referendum in preparing for meeting of charter review com'n 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 w ill be charged if payment is not received w ithin 30 days. u Hours Amount 6/1/1999 EGG Reviewed summary of deposition testimony of Ratner 0.10 17.50 6/1/1999 EGG Prepared for and attended meeting with Mr. Scurr and city com'n 6.00 1,050.00 meeting 6/3/1999 EAB Attended specially set code enforcement board meeting for 6.50 975.00 comments on new ticketing system; includes travel time; prepared memorandum on issue of whether a municipality may adopt a schedule of fines for code violation enforcement; and revised memorandum on search warrants. 6/3/1999 EGG Prepared for and attended code enforcement board meeting on 4.00 700.00 proposed ordinance revising procedures 6/3/1999 EGG Prepared resolution and memorandum transferring money to city 0.50 87.50 attorney budget 6/411999 EGG Telephone conference with Mr. Basu and Mr. Solove regarding 0.30 52.50 transfer of Cable Satellite franchise 6/7/1999 EAB Analyzed Buckley v Valeo and began digest of case for contribution 1.00 150.00 limitations and the conflict with first amendment rights 6/7/1999 EAB Telephone conference with Mr. Carol Bynum, Code Enforcement 0.20 30.00 Officer regarding proper notice of violation to be "served" upon deceased owner of abandoned vehicle. 6/7/1999 EGG Telephone conference with Messieurs Scurr, Oshikoya, Bob Nabors 0.50 87.50 regarding special assessment or taxing district for Shops at Sunset; telephone conference with Mr. Scurr regarding follow -up 6/7/1999 EGG Prepared opinion regarding applicability of county "cone of silence" 0.60 105.00 ordinance to municipalities 6/7/1999 EGG Reviewed village of Key Biscayne charter provisions regarding 0.30 52.50 initiative and referendum in preparing for meeting of charter review com'n 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 w ill be charged if payment is not received w ithin 30 days. u CONFIDENTIAL- ATTORNEY /CLIENT PRNILEGED 6/11/1999 EGG Prepared ordinance approving transfer of Cable Satellite TV franchise; 1.80 315.00 reviewed charter, ordinance regulating cable television, ordinance granting franchise, and applicant's documents; prepared memorandum regarding Messieurs Scurr, Oshikoya, Rodriguez and 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 w ill be charged if payment is not received within 30 days. Matter ID: 0022 -001 Page: 2 6/7/1999 EGG Researched and prepared revisions to city charter 2.30 402.50 6/8/1999 EAB Prepared digest of Buckley v. Valeo on issue of campaign 2.00 300.00 contributions and expenditures 6/8/1999 EAB Telephone conference with Ms. Bynum regarding notice procedures 1.00 150.00 for violation of 15 -35.1, CSM Code of Ordinances; reviewed Ch. 705, Fla. Stat. for its applicability to abandoned vehicles on private property, prepared note to file and memorandum to Code Enforcement Officers regarding the procedural requirements of 15 -35.2 6/8/1999 EGG Revised code enforcement ordinance 1.30 227.50 6/8/1999 EGG Prepared for com'n meeting; telephone conferences with comes 2.50 437.50 6/8/1999 EGG Attended meeting with Messierus Scurr and Oshikoya, attended 7.00 1,225.00 com'n meeting 6/9/1999 EAB Prepared correspondence to opposing counsel regarding 0.70 105.00 domestication of her client's domestic relations order; telephone conference with Mr. Fuller regarding his client, Mr. Sevigny, and his request for the removal of liens from property 6/9/1999 EGG Telephone conferences with Mr. Howard Lenard, Miami -Dade League 0.30 52.50 of Cities counsel, and Mr. Meyers, Exec. dir., Comm'n on Ethics and Public Trust, regarding application of "cone of silence" ordinance to cities 6/9/1999 EGG Reviewed attempted draft on city bank account by bill collector; 0.20 35.00 research instructions to work attorney 6/9/1999 EGG Telephone conference with Mr. Cliff Schulman, attorney for Auerbach 0.10 17.50 and scheduled meeting regarding parking in city alleyway 6/9/1999 EGG Reviewed notice of work shop and special meetings of CRA and city 0.10 17.50 com'n 6/9/1999 EGG Attended meetings with Messieurs Scurr, Basu and Feldman, and 1.50 262.50 Ms. Lama, and with representatives of Shops regarding final items to be completed before final CO issued 6/10/1999 EAB Legal research on issues of qualified immunity, 4th amendment 1.70 255.00 search and seizure, and defamation for municipality "publishing" photographs of arrested persons 6/10/1999 EGG Telephone conference with Messieurs Lenard, counsel, Dade League 0.50 87.50 of Cities, Robert Meyers, exec. dir., ethics com'n., and vice -mayor Oliveros regarding "cone of silence" ordinance 6/11/1999 EGG Prepared ordinance approving transfer of Cable Satellite TV franchise; 1.80 315.00 reviewed charter, ordinance regulating cable television, ordinance granting franchise, and applicant's documents; prepared memorandum regarding Messieurs Scurr, Oshikoya, Rodriguez and 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 w ill be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Page: 3 Basu regarding administrative review; prepared memorandum regarding Ms. Taylor regarding special advertising and vote requirements 6/14/1999 EAB Telephone conference with with counsel for Mr. Sevigny, Mr. Fuller, 0.60 90.00 regarding his request to reduce liens and his options under the new code enforcement ordinance; telephone conference with Assistant Chief Feldman regarding new forfeiture action. 6/15/1999 EAB Legal research on issue of defamation by police department for 2.50 375.00 posting pictures of persons arrested, and research on first and fourth amendment issues, including the Megan statute regarding sexual predators and any 1st and 4th amendment issues under that statute. 6/16/1999 EAB Legal research on the issue of first amendment rights, illegal search 2.50 375.00 and seizure and public safety concerns for publishing photos of arrested persons 6/17/1999 EAB Telephone conference with Mr. Hakeem Oshikoya, finance 2.50 375.00 department director, fraudulent transfer action; telephone conference with various employees of the offices of Dade County Professional Responsibility, State Licensing Board, State Banking Board, Federal Trade Commission, and State Attorney's Office and legal research of issue of state prosecution; filing complaint with the various agencies and possible civil remedies against violator 6/17/1999 EAB Telephone conference with Mr. Starkman regarding settlement of 4x4 0.30 45.00 Jeep matter, possible release of lien; and attendance at Code Enforcement Board meeting for CSM. 6/17/1999 EAB Travel time to, preparation for, and attendance at Code Enforcement 4.50 675.00 meeting; meeting with Ms. Sonia Lama and Mr. David Walker regarding new ordinance, proposed notice of violation and courtesy forms 6/17/1999 EAB Telephone conference with Ms. Lama and Mr. Sobrata Basu 0.30 45.00 regarding proposed agreement to extend temporary occupancy to Shops at Sunset, to be presented to Dade County Board of Rules and Appeals 6/18/1999 EAB Prepared and reviewed release of lien, and telephone conference with 0.40 60.00 Mr. Starkman regarding payment of settlement check. 6/21/1999 EAB Telephone conference with Ms. Lama regarding proposed notice to 0.50 75.00 community regarding new ticketing system, review of notice and drafted changes to notice 6/21/1999 EAB Prepared facsimile to Mr. Oshikoya, Department of Finance, 0.20 30.00 regarding check issued to Fast Signs in illegal draft action 6/21/1999 LRF Telephone conference with Armando Oliveras concerning whether 1.00 175.00 public protests in residential areas must be permitted. Review and revised notice concerning new enforcement ordinance. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. 6/23/1999 6/25/1999 6/28/1999 6/30/1999 CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Page: 4 LRF Follow up on Commissioner Armando Oliveras' question concerning 0.40 ordinances governing public demonstrations in front of private property. LRF Telephone conference with Bill Middleton concerning zoning matter. 0.50 LRF Telephone conference with Bill Middleton concerning zoning 0.50 disapproval. Telephone conference with Mr. Basu concerning same. EAB Continued legal research on issue of whether police department can 1.40 post photos of arrested persons on wall or video tape prior to conviction, and whether this infringes on any 4th amendment privacy rights Total Professional Senrices Fees Reduced Due to Retainer Rate Summary Eve A. Boutsis 28.80 Hours at 150.00 /hr 4,320.00 Luis R. 2.40 Hours at 175.00/hr 420.00 Earl G. Gallop 29.90 Hours at 175.00/hr 5,232.50 70.00 87.50 87.50 210.00 9,972.50 -9,972.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. Total hours: 61.10 Expenses 5/31/1999 Telefacsimile charge 5.00 5/31/1999 Legal research 42.63 5/31/1999 Legal research 32.82 5/31/1999 Legal research 4.95 6/30/1999 Photocopies 41.25 6/30/1999 Postage 7.48 6/30/1999 Telefacsimile charge 14.00 6/30/1999 Telefacsimile charge 115.00 70.00 87.50 87.50 210.00 9,972.50 -9,972.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. 4 CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Page: 5 6/30/1999 Postage 0.00 Date For Professional Services 0.00 For Disbursements Incurred 263.13 Current Balance: 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 w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Postage Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -002 Real Estate Statement No. 4218 0.33 Sub -total Expenses: 0.33 Payments 2/12/1998 Payment 22.00 Sub -total Payments: 22.00 For Professional Services 0.00 For Disbursements Incurred 0.33 Current Balance: 0.33 Previous Balance: 22.00 Payments - Thank you 22.00 Total Due 0.33 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged iP payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Postage For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -008 Wascura v. City of South Miami Statement No. 4222 Sub -total Expenses Total Due 0.66 0.66 0.00 0.66 0.66 17.50 0.00 18.16 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 w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOPFIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Postage For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -009 Watson v. City of South Miami Statement No. 4223 W.. Sub -total Expenses: 0.66 0.66 35.00 99 Total Due 35.66 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 w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 7, 1999 Charles D. Scurr Matter ID: 0022 -023 City Manager City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 4231 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo 18.00 hours at $175.00/hr 3,150.00 Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours: 18.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. Hours Amount 6/1/1999 LRF Telephone conferences with Mr. Perez. Commenced review of 1.50 262.50 Declaration of Covenants and easements. 6/7/1999 LRF Reviewed SPG and MRP agreements. 5.00 875.00 6/8/1999 LRF Worked on agreements. Conference with Mr. Gallop. Prepared 3.00 525.00 modifications and comments. 6/9/1999 LRF Prepared comments and revisions to SPG documents. 4.00 700.00 6/11/1999 EGG Reviewed particular issues with draft lease agreement and 0.50 87.50 response to draft agreement 6/14/1999 LRF Telephone conference with Ralph Perez. 0.50 87.50 6/15/1999 LRF Telephone conference with Ralph Perez. Telephone conference with 0.30 52.50 Mr. Scurr's office. 6/23/1999 LRF Telephone conference with Charles Scurr. Telephone conference 0.50 87.50 with Ralph Perez concerning proposed changes to agreements. 6/25/1999 LRF Telephone conference with Charles Scurr. Telephone conference 0.50 87.50 with Ralph perez. 6/30/1999 LRF Prepared for meeting with SPG and Mr. Scurr. Attended meeting 2.70 472.50 with Mr. Scurr, mr. Basu and SPG. Total Professional Services 3,237.50 Rate Summary Luis R. Figueredo 18.00 hours at $175.00/hr 3,150.00 Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Total hours: 18.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received within 30 days. Expenses CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -023 Page: 2 Photocopies 49.75 Telefacsimile charge 6.00 Courier charge 9.75 Postage 3.52 Legal research 3.39 Sub -total Expenses: 72.41 For Professional Services 3,237.50 For Disbursements Incurred 72.41 Current Balance: 3,309.91 Previous Balance: 5,568.58 Payments - Thank you 0.00 Total Due 8,878.49 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 w ill be charged W payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Photocopies Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -026 Colsky v. Code Enforcement Statement No. 4232 8.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 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 w ithin 30 days. Sub -total Expenses: 8.25 Payments 5/11/1999 Payment Ck #23593 450.00 5/11/1999 Payment Ck #23545 188.75 Sub -total Payments: 638.75 For Professional Services 0.00 For Disbursements Incurred 8.25 Current Balance: 8.25 Previous Balance: 638.75 Payments - Thank you 638.75 Total Due 8.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 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 w ithin 30 days. X r CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -027 Bruce v Code Enforcement Statement No. 4233 Rate Summary Eve A. Boutsis Expenses Total Professional Services 345.00 2.30 hours at $150.00 /hr Total hours: 2.30 Courier charge Photocopies Telefacsimile charge Postage 345.00 9.00 1.00 14.00 1.32 Sub -total Expenses: 25.32 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged I payment is not received w ithin 30 days. Hours Amount 6/10/1999 EAB Analyzed revised settlement agreement prepared by Mr. Harris, 1.50 225.00 executed changes to agreement and facimiled changes to him; telephone conference with Mr. Harris; and prepared motion for stay of proceedings pending settlement 6/14/1999 EAB Telephone conference with Mr. Harris regarding status of 0.30 45.00 settlement and his request for continuance. 6/28/1999 EAB Prepared second extension of time and telephone conference with 0.50 75.00 Mr. Harris, counsel for Bruce regarding status, settlement and extension of time Rate Summary Eve A. Boutsis Expenses Total Professional Services 345.00 2.30 hours at $150.00 /hr Total hours: 2.30 Courier charge Photocopies Telefacsimile charge Postage 345.00 9.00 1.00 14.00 1.32 Sub -total Expenses: 25.32 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged I payment is not received w ithin 30 days. y CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -027 Page: 2 For Professional Services 345.00 For Disbursements Incurred 25.32 Current Balance: 370.32 Previous Balance: 2,333.45 Payments - Thank you 0.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 2,703.77 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 w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP P.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Photocopies Telefacsimile charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -031 Phil Levine v. City of South Statement No. 4237 10.00 10.00 Sub -total Expenses: 20.00 No! 20.00 132.83 we Total Due 152.83 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 FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -032 Thomas H. Ratner v CSM Statement No. 4238 Hours Amount 6/7/1999 EGG Reviewed request for production by Ratner; prepared letter to Ms. 0.20 35.00 Morris 6/11/1999 EGG Instructions regarding transmitting and handling suggestion of 0.10 17.50 settlement Total Professional Services 52.50 Rate Summary Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 0.30 For Professional Services 52.50 For Disbursements Incurred 0.00 Current Balance: 52.50 Previous Balance: 125.13 Payments - Thank you 0.00 Total Due 177.63 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 w ill be charged if payment is not received w ithin 30 days. i CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 July 7, 1999 Charles D. Scurr Matter ID: 0022 -036 City Manager Eduardo Africano v CSM City of South Miami 6130 Sunset Drive Statement No. 4240 City of South Miami, FL 33143 6/26/1999 EAB Received telephone call from claimant requesting hearing; informed 0.30 40.50 him to place his request in writing as instructed by the notice of 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 w ill be charged if payment is not received w ithin 30 days. •...,.r 1_,t. m ,msµ W�IWIWWT 'r- ,.w_, Hours Amount 6/3/1999 EAB Reviewed correspondence from opposing counsel, Teri Guttman 0.50 67.50 Valdes; calculated overtime hours pursuant to time sheets she has provided; prepared memoranda to Ms. Carstarphen and Mr. Oshikoya requesting Mr. Africano's time sheets and hourly rate of pay. 6/4/1999 EAB Analysis of time sheets, prepared schedule and memorandum of 2.00 270.00 overtime, calculated overtime; telephone conference with Natasha, a clerk at the CSM Youth Center regarding overtime, calculation of workweek, lunch, and sick days. 6/7/1999 EAB Continued review of time sheets received from Natasha, calculated 0.50 67.50 their figures, reviewed correspondence by Mr. Gallop to City Manager Charles Scurr regarding employment records of Mr. Africano and interpretation of the documentation previously provided us by the City. 6/8/1999 EAB Continued analysis of payroll and analysis of strategy with Earl 0.50 67.50 Gallop; and telephone conference with Ms. Valdes requesting extension of time in which to file answer and production. 6/9/1999 EAB Telephone conference with Ms. Valdez, regarding obtaining 0.40 54.00 extension of time to file answer and discovery responses; prepared correspondence to Ms. Valdes; telephone conference with Mr. Oshikoya regarding overtime sheets and left message with Mr. Scurr's office regarding proposed settlement of Mr. Africano's case. 6/22/1999 EAB Telephone conference with Mr. Scurr regarding possible settlement 0.30 40.50 of action 6/23/1999 EAB Telephone conference with Mr. Scurr regarding settlement and 0.50 67.50 whether Africano is a salaried employee; analyzed the position biography to see if position is salaried. 6/26/1999 EAB Received telephone call from claimant requesting hearing; informed 0.30 40.50 him to place his request in writing as instructed by the notice of 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 w ill be charged if payment is not received w ithin 30 days. •...,.r 1_,t. m ,msµ W�IWIWWT 'r- ,.w_, .� CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -036 Page: 2 seizure, and informed him to obtain counsel as I could not give him legal advice 6/28/1999 EAB Prepared correspondence to Ms. Valdes regarding an extension 0.50 67.50 until Friday, in which to file responsive pleading and discovery; telephone conference with Gisella, a City employee, regarding the overtime calculations in Africano's file, and regarding my e-mail to Mr. Scurr regarding overtime, lunch hour, and records 6/28/1999 EAB Legal research of issue of whether Africano is a salaried employee, 2.00 270.00 and defining salaried employee. 6/29/1999 EAB Completed research on federal overtime labor regulations, prepared 4.00 540.00 memorandum to City Manager, Charles Scurr regarding whether Africano is an exempt employee under federal law, analyzed facts of case; and telephone conference with Gisella a City employee regarding Africano's employment records and overtime calculations Total Professional Services 1,552.50 Rate Summary Eve A. Boutsis Expenses 11.50 hours at $135.00/hr Total hours: 11.50 Photocopies Telefacsimile charge Postage 1,552.50 0.25 iW1111 APR Sub -total Expenses: 16.24 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 w ill be charged if payment is not received w ithin 30 days. e CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -036 Page: 3 For Professional Services 1,552.50 For Disbursements Incurred 16.24 Current Balance: 1,568.74 Previous Balance: 504.10 Payments - Thank you 0.00 Total Due 2,072.84 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 w ill be charged if payment is not received within 30 days. t CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOPFIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Mami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr July 7, 1999 Matter ID: 0022 -038 City Manager Forfeiture of 1992 Oldsmobile City of South Miami 6130 Sunset Drive Statement No. 4242 City of South Miami, FL 33143 Total hours: 6.20 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. Hours Amount 6/21/1999 EAB Telephone conference with Assistant Chief Greg Feldman regarding 0.70 70.00 background information on new forfeiture action; reviewed police report and prepared notice of forfeiture action. 6/24/1999 EAB Analyzed police report, criminal background of claimant and entire 1.50 150.00 information package supplied by City; and began preparation of City's motion and memorandum in support of finding preliminary probable cause and complaint. 6/25/1999 EAB Revised complaint, probable cause motion, memorandum of law; 1.50 150.00 prepared interrogatory questions, production verification of complaint; prepared facsimile memorandum to A.C. Feldman regarding remaining issues; prepared notice to third party and subpoena for Food Giant; and telephone conference with A.C. Feldman regarding these issues. 6/27/1999 EAB Completed changes to memorandum and complaint for forfeiture; 1.50 150.00 prepared memorandum to A.C. Feldman regarding existence of Food Giant, and possible subpoena of employment records from Food Giant 6/29/1999 EAB Telephone conference with A.C. Feldman regarding complaint, 1.00 100.00 criminal history and changes to pleadings to be filed; revised interrogatories, requests for production and memorandum of law. Total Professional Services 620.00 Rate Summary Eve A. Boutsis 6.20 hours at $100.00 /hr 620.00 Total hours: 6.20 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -038 Page: 2 Expenses Filing fee 176.00 Postage 5.96 Telefacsimile charge 1.00 Sub -total Expenses: 182.96 For Professional Sendces 620.00 For Disbursements Incurred 182.96 Current Balance: 802.96 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 802.96 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us w ithin 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 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -039 In Re 1986 Mercedes Statement No. 4243 Hours Amount 6/25/1999 EAB Revised complaint, probable cause motion, memorandum of law, 1.50 150.00 and prepared interrogatory questions and production questions, and verification of complaint 6/29/1999 EAB Telephone conference with A.C. Feldman regarding complaint, 1.00 100.00 criminal history and changes to documents; revised interrogatories, requests for production and memorandum of law. Rate Summary Eve A. Boutsis Expenses Filing fee Postage Total hours Total Professional Services 250.00 2.50 hours at $100.00 /hr 250.00 2.50 176.00 2.98 Sub -total Expenses: 178.98 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 w ill be charged if payment is not received w ithin 30 days. a CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -039 Page: 2 For Professional Services 250.00 For Disbursements Incurred 178.98 Current Balance: 428.98 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 428.98 Payment is due upon receipt. Please notify us w ithin 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month w ill be charged if payment is not received w ithin 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 July 7, 1999 Matter ID: 0022 -037 Forfeiture in re 1993 Mazda Statement No. 4298 Hours Amount 6/15/1999 EAB Received new assignment, prepared notice of forfeiture pursuant to 2.50 250.00 Act; reviewed and analyzed police report; telephone conference with Assistant Chief Feldman and prepared facsimile to him regarding questions about police report; analyzed issue of whether a joint task force, with criminal complaint filed in federal court for federal crimes, allows state to proceed with state civil forfeiture action or whether correct jurisdiction is within federal court. 6/17/1999 EAB Prepared preliminary probable cause motion; complaint; and 3.00 300.00 memorandum of law in support of probable cause; telephone conference with Assistant Chief Feldman and Detective Hechevarria regarding issues discovered from police report, details of operation, possibility of discovery issues due to underlying federal action; telephone conference with Judith Secher, head of Dade County Forfeitures regarding jurisdiction and ability to file action 6/23/1999 EAB Numerous telephone calls to Assistant Chief Feldman, analyzed 1.10 110.00 extensive police report, criminal history, and background of claimant; discovered possible title problem to vehicle, requested clarification of vehicle registration from A.C. Feldman, revised notice of seizure and request for adversarial hearing; began preparing motion for preliminary probable cause 6/23/1999 EAB Telephone conference with Assistant A.C. Feldman regarding 1.50 150.00 Detective Hechevarria's report and supplemental documents needed; continued preparing and revising complaint, motion and memorandum in support of probable cause. 6/25/1999 EAB Revised complaint, probable cause motion, memorandum of law, 1.50 150.00 and prepared interrogatory questions and production questions, and verification of complaint 6/26/1999 EAB Legal research of Chapter 893 Fla. Stat., felony drug charges, 1.00 100.00 standing to contest forfeiture, innocent owner exception to forfeiture 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 w ill be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -037 Page: 2 6/27/1999 EAB Prepared memorandum to Assistant A.C. Feldman regarding 0.50 50.00 Gonzalez' criminal history 6/29/1999 EAB Telephone conference with A.C. Feldman regarding police check on 0.60 60.00 Gonzalez' and Ramirez' New York and California warrants; final revisions to verification, complaint, motion and memorandum of law, interrogatories, and production requests Total Professional Services 1,170.00 Rate Summary Eve A. Boutsis Expenses 11.70 hours at $100.00 /hr Total hours: 11.70 Photocopies Telefacsimile charge Filing fee Postage For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 1,170.00 2.50 6.00 176.00 15.66 200.16 To be properly credited, please indicate Statement Number on your remittance check. 1,170.00 200.16 1,370.16 0.00 0.00 1,370.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI To: Mayor and Commission Date: July 27, 1999 From: Charles Scurr Agenda Item # ra4wo 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 $5,888.99 for the period ending May 30, 1999. The accounts are summarized below: Account Current Balance This Invoice Consulting — Real Property /Foreclosure $ 4,912.13 $ 225.00 Account # 1500 -3435 Professional Services - $ 5,500.00 $ 157.35 Account # 608- 1910 -521 -3100 Legal Services Non Retainer $ 33,889.77 $ 5,191.64 Account # 1500 -3410 CRA Fund — General Legal $ 20,136.00 $ 315.00 Account # 610 -1120 -554 -3415 A detailed Billing Statement is attached. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $5,888.99: CHARGING $225.00 TO ACCOUNT 1500 -3435 CONSULTING — REAL PROPERTY FORECLOSURE; CHARGING $157.35 TO ACCOUNT 608 - 1910 -521 -3100 PROFESSIONAL SERVICES; CHARGING $5,191.64 TO ACCOUNT 1500 -3410 LEGAL SERVICE NON RETAINER; AND CHARGING $315.00 TO ACCOUNT 10- 1120 -554 -3415 CRA FUND — GENERAL LEGAL; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami approved Resolution 99 -94 -9500, as amended by Resolution 217 -97- 10187, authorizing payment of City Attorney non - retainer attorney's 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 May 30, 1999 in the amount of $5,888.99 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: Section 1. The invoices for attorney's fees and costs received from Nagin Gallop Figueredo, P.A. in the amount of $5,888.99: charging $225.00 to account 1500 -3435 Consulting — Real Property/Foreclosure; Charging $157.35 to account 608- 1910 -521 -3100 Professional Services; Charging $5,191.64 to account 1500 -3410 Legal Service Non - retainer; and Charging $315.00 to account 10 -1120 -554 -3415 CRA Fund — General Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 35 36 ATTEST: 37 38 39 40 City Clerk 41 42 READ AND APPROVED AS TO FORM: 43 44 45 46 City Attorney day of APPROVED: Mayor 1999. L NAGI N GALLOP FI GUE RE D OP. A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr Statement No. 3945 City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 June 4, 1999 Matter: 0022 -023 Parking garage contract Hours Amount 5/4/1999 EAB Legal research on good faith and fair dealings in contract 1.00 150.00 negotiations and 255.20, Fla. Stat. research of case law 5/5/1999 LRF Telephone conference with Ralph Perez concerning City 0.50 87.50 Commission decision to table the SPG project for thirty days. 5/7/1999 EGG Reviewed letter from SPG demanding city re- engage in 0.20 35.00 contract negotiations 5/7/1999 EGG Reviewed RFP with particular attention to builder 0.20 35.00 qualification requirements 5/11/1999 LRF Reviewed proposed lease agreement. Prepared 1.50 262.50 memorandum to Mr. Gallop concerning additional safeguards to be considered if the City Commission elects to continue with lease negotiations. 5/12/1999 LRF Finalized memorandum concerning additional to be 0.50 87.50 addressed in proposed lease agreement. 5/14/1999 LRF Finalized memorandum to City Commission. 0.50 87.50 5/14/1999 EGG E\raluated transaction options, increased protections; 0.70 122.50 telephone conference with Mr. Argiz, CPA, regarding protections 5/17/1999 LRF Telephone conference with Ralph Perez. 0.50 87.50 5/18/1999 LRF Attended City Commission meeting which addressed 2.00 350.00 SPG contract negotiation. 5/18/1999 EGG Reviewed letter from Thompson regarding alleged 0.20 35.00 E♦ T Page: 2 Expenses Rate Summary Eve A. Boutsis 1.00 hours at $150.00 /hr 150.00 Luis R. Figueredo 16.00 hours at $175.00/hr 2,800.00 Earl G. Gallop 1.30 hours at $175.001hr 227.50 Total hours: 18.30 Legal research 47.13 Courier charge 13.95 Sub -total Expenses: 61.08 For Professional Services 18.30 Hours $ 3,177.50 For Disbursements Incurred $ 61.08 Current Balance: $ 3,238.58 Previous Balance: $ 2,330.00 Payments - Thank you $ 0.00 Total Due $ 5,568.58 To be properly credited, please indicate Bill Number on your remittance check. damages caused by delay in negotiations 5/20/1999 LRF Telephone conference with Ralph Perez. 0.30 52.50 5/21/1999 LRF Meeting with accountant and Mr. Gallop to discuss 1.30 227.50 - mechanisms for auditing parking construction and operation. 5/24/1999 LRF Telephone conferences with Parker Thompson. 0.40 70.00 5/25/1999 LRF Telephone conferences with Parker Thompson and 0.50 87.50 Charles Scurr. 5/26/1999 LRF Began review of agreements. 1.00 175.00 5/27/1999 LRF Reviewed lease agreement. 3.00 525.00 5/28/1999 LRF Reviewed lease agreement. Attended meeting to continue 4.00 700.00 negotiations with Mr. Scurr, Mr. Elias and Mr. Thompson. Total Professional Services 3,177.50 Expenses Rate Summary Eve A. Boutsis 1.00 hours at $150.00 /hr 150.00 Luis R. Figueredo 16.00 hours at $175.00/hr 2,800.00 Earl G. Gallop 1.30 hours at $175.001hr 227.50 Total hours: 18.30 Legal research 47.13 Courier charge 13.95 Sub -total Expenses: 61.08 For Professional Services 18.30 Hours $ 3,177.50 For Disbursements Incurred $ 61.08 Current Balance: $ 3,238.58 Previous Balance: $ 2,330.00 Payments - Thank you $ 0.00 Total Due $ 5,568.58 To be properly credited, please indicate Bill Number on your remittance check. NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3946 June 4, 1999 Matter: 0022 -027 Bruce v Code Enforcement Board Hours Amount 5/5/1999 EAB Prepared draft settlement letter to opposing counsel; 2.50 375.00 prepared motion for extension of time in which to file appellee's brief 5/5/1999 EGG Reviewed proposed settlement agreement and 0.00 0.00 instructions to work attorney 5/7/1999 EAB Prepared motion for continuance of appeal; telephone 2.00 300.00 conference with opposing counsel regarding settlement. 5/10/1999 EAB Telephone conference with Mr. Harris regarding settlement 2.50 375.00 proposal; drafted correspondence to Mr. Harris rejecting certain terms. 5/11/1999 EAB Reviewed correspondence from Mr. Harris; and discussion 0.70 105.00 with City Attorney regarding settlement 5/26/1999 EAB Review of all City notices and requests for permits, 1.30 195.00 telephone conference with Ms. Eva Rosa regarding outstanding notices of violation, and telephone conference with Mr. Harris regarding notices and settlement agreement; prepared final revisions to settlement agreement and correspondence to Mr. Harris regarding settlement; obtained copies of filed liens against Bruce property, prepared facsimile to Mr. Harris which included liens and proposed motion for continuance of appeal until July Total Professional Services 1,350.00 Expenses Rate Summary Eve A. Boutsis 9.00 hours at $150.00 /hr Earl G. Gallop 0.00 hours at $175.00/hr Total hours: 9.00 Courier charge Telefacsimile charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 1,350.00 0.00 Sub -total Expenses: 9.00 Hours Total Due To be properly credited, please indicate &II Number on your remittance check. Page: 2 9.00 7.00 16.00 $ 1,350.00 $ 16.00 $ 1,366.00 $ 967.45 $ 0.00 $ 2,333.45 NAGIN G ALLOP FI GUEREDOPA. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3947 June 4, 1999 Matter: 0022 -028 In re forfeiture of $4,250 Hours Amount 5/26/1999 EAB Prepared stipulation of dismissal and order of dismissal; 1.00 prepared correspondence to Mr. Payne regarding review of form of stipulation and order; prepared internal memorandum to City Manager regarding settlement agreement Expenses Total Professional SeNces Rate Summary Eve A. Boutsis 1.00 hours at $100.00 /hr 100.00 Total hours: 1.00 100.00 Postage 2.09 Photocopies 1.50 Sub -total Expenses: 3.59 Page: 2 For Professional Services 1.00 Hours $ 100.00 For Disbursements Incurred $ 3.59 Current Balance: $ 103.59 Previous Balance: $ 805.50 Payments - Thank you $ 0.00 Total Due $ 909.09 To be properly credited, please indicate &II Number on your remittance check. r NAGIN GALLOP FI GUEREDOP. A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 5/26/1999 EAB Prepared motion and order of dismissal Expenses Eve A. Boutsis Total hours Postage Telefacsimile charge Statement No. 3948 June 4, 1999 Matter: 0022 -029 In re: forfeiture of 1982 Oldsmobile Hours Amount 0.50 Total Professional Services Rate Summary 0.50 hours at $100.00 /hr 0.50 50.00 Sub -total Expenses 50.00 50.00 1.76 2.00 3.76 ` Page: 2 For Professional Services 0.50 Hours $ 50.00 For Disbursements Incurred $ 3.76 Current Balance: $ 53.76 Previous Balance: $ 531.33 Payments - Thank you $ 0.00 Tota I Due $ 585.09 To be properly credited, please indicate &II Number on your remittance check. e NAGIN GALLOP FI GUEREDOP.A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3950 June 4, 1999 Matter: 0022 -031 Phil Levine v. City of South Miami EEOC Compl't. No. Expenses Rate Summary Eve A. Boutsis 0.50 hours at $125.00/hr 62.50 Earl G. Gallop 0.40 hours at $175.00/hr 70.00 Total hours: 0.90 Postage 0.33 Hours Amount 5/6/1999 EAB Telephone conference with Ms. Doris Feliciano of EEOC 0.50 62.50 regarding City's decline of offer to mediate; telephone conference with Chief Cokes Watson regarding his statement to EEOC 5/6/1999 EGG Reviewed draft response by Chief Watson to EEOC 0.30 52.50 inquiry; telephone conference with Chief Watson and revised draft; transmitted letter to EEOC 5/24/1999 EGG Reviewed motion and order of dismissal of state action 0.10 17.50 with leave to amend Total Professional Services 132.50 Expenses Rate Summary Eve A. Boutsis 0.50 hours at $125.00/hr 62.50 Earl G. Gallop 0.40 hours at $175.00/hr 70.00 Total hours: 0.90 Postage 0.33 a Payments 5/11/1999 Payment 5/3/1999 Payment Ck #23545 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Page: 2 Sub -total Expenses: 0.33 1,134.01 62.50 Sub -total Payments: 1,196.51 0.90 Hours $ 132.50 $ 0.33 $ 132.83 $ 1,196.51 $ 1,196.51 Total Due $ 132.83 To be properly credited, please indicate &II Number on your remittance check. NAGIN GALLOP FI GUEREDOPA. Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 5/17/1999 Expenses Attorneys & Counselors Statement No. 3951 June 4, 1999 Matter: 0022 -032 Thomas H. Ratner v CSM 98 -22043 CA -02 (S. D. Fla. 1998) Hours EGG Litigation assistance; attention to obtaining documents for 0.10 counsel Earl G. Gallop Total hours Photocopies Postage Total Professional Services Rate Summary 0.10 hours at $175.00/hr 0.10 17.50 Sub -total Expenses Amount 17.50 17.50 16.50 3.63 20.13 Page: 2 For Professional Ser%Aces 0.10 Hours $ 17.50 For Disbursements Incurred $ 20.13 Current Balance: $ 37.63 Previous Balance: $ 87.50 Payments - Thank you $ 0.00 Total Due $ 125.13 To be properly credited, please indicate &II Number on your remittance check. NAGIN GALLOP FI GUEREDOP. A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3952 June 4, 1999 Matter: 0022 -035 Countrywide Home Loan, Inc. v CSM Mortgage foreclosure Hours Amount 5/7/1999 EAB Analysis of file and liens, discovered liens were released, 1.00 150.00 telephone conference with opposing counsel requesting that City be dismissed as party defendant 5/11/1999 EAB Telephone conference with Mr. Bishop, counsel for 0.50 75.00 Countrywide and prepared correspondence to Mr. Bishop regarding plaintiffs consent to dismiss City as party defendant due to City's release of liens. Total Professional Services 225.00 Rate Summary Eve A. Boutsis 1.50 hours at $150.00 /hr 225.00 Total hours: 1.50 1 s. Page: 2 For Professional Services 1.50 Hours $ 225.00 For Disbursements Incurred $ 0.00 Current Balance: $ 225.00 Previous Balance: $ 87.50 Payments - Thank you $ 0.00 Total Due $ 312.50 To be properly credited, please indicate &II Number on your remittance check. NAGIN GALLOP FI GUEREDOP. A. Attorneys & Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3953 June 4, 1999 Matter: 0022 -036 Eduardo Africano v. CSM FLSA case Hours Amount 5/10/1999 EGG Reviewed letter from FLC denying coverage for claim 0.30 52.50 under Fair Labor Standards Act 5/11/1999 EAB Telephone conference with Ms. Valdez, opposing counsel 0.30 40.50 regarding discovery extension and answer extension until June 16, 1999 5/11/1999 EGG Reviewed personnel file; instructions to Ms. Boutsis 0.30 52.50 regarding requesting consent to extension of time to file responsive pleadings and to initiate settlement discussions 5/18/1999 EAB Prepared memorandum to city's finance department 0.50 67.50 requesting copy of overtime /time sheets for Mr. Africano; prepared correspondence to opposing counsel requesting her settlement proposal and documentation in support of overtime 5/25/1999 EAB Reviewed time sheets; telephone conference with 1.00 135.00 Carstaphen regarding actual time Africano worked, any overtime, and saturday employment; prepared memorandum regarding conversation 5/28/1999 EAB Telephone conference with Ms. Valdez regarding her oral 0.50 67.50 offer of settlement, prepared memorandum of oral offer to settle for $6,251.24 Total Professional Services 415.50 Expenses Rate Summary Eve A. Boutsis 2.30 hours at $135.00/hr 310.50 Earl G. Gallop 0.60 hours at $175.00/hr 105.00 Total hours: 2.90 Postage For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses 2.90 Hours Total Due To be properly credited, please indicate &II Number on your remittance check. Page: 2 1.10 1.10 $ 415.50 $ 1.10 $ 416.60 $ 87.50 $ 0.00 $ 504.10 NAGIN G ALLOP FI GUEREDOP.A. Attorneys � Counselors Fax: (305) 854 -5351 Charles D. Scurr City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Statement No. 3914 June 4, 1999 Matter: 0141 -001 Parking garage Hours Amount 5117/1999 LRF Reviewed memorandum. Telephone conference with Diana 0.30 52.50 Morris. 5/18/1999 LRF Telephone conference with Jon Delagloria. Attended 1.50 262.50 workshop for proposed parking garage project. Total Professional Services 315.00 Rate Summary Luis R. Figueredo 1.80 hours at $175.00/hr 315.00 Total hours: 1.80 For Professional Serndces 1.80 Hours $ 315.00 For Disbursements Incurred $ 0.00 Current Balance: $ 315.00 Previous Balance: $ 1,332.51 Payments - Thank you $ 0.00 Total Due $ 1,647.51 To be properly credited, please indicate &II Number on your remittance check. C To: Mayor and Commission From: Charles Scurr City Manager CITY OF SOUTH MIAMI Date: July 27, 1999 Agenda Item # I I CRA Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for CRA Legal Services for the City Attorney in the total amount of $1,332.51. The accounts are summarized below: Account Current Balance This Invoice CRA General Fund — Legal $20,136.00 $ 1,332.51 Account # 610-1120-554-3415 A detailed Billing Statement is attached. SENT BY: 7 -23 -99 ;12.25PM NGF, P. A.- 305 663 6345;# 3/ 3 1 2 3 4 5 6 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 $1,332.51 CHARGING ACCOUNT NO. 61011205543415, CRA FUND, GENERAL LEGAL; PROVIDING AN EFFECTIVE DATF,. WHEREAS, the City C'.ommissio" 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- rctainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figucredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending April 30, 1999, in the amount of $1,332.51; 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 $1,332.51, are approved for payment and shall be charged to Account No. 61011205543415, CRA Fund, General Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina; Vice Mayor 01 iveros: Commissioner Fchu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ow@"tpjdAg. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 May 10, 1999 Diana Morris Matter ID: 0141 -001 Director Parking garage City of South Miami Community Redevelopment Agency 6130 Sunset Drive Statement No. 3680 South Miami, Florida 33143 Total hours: 7.50 Expenses Legal research 20.01; Sub -total Expenses: 20.01 Payments 5/11/99 Payment Ck#23545 755.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 4/5/99 LRF Attended meeting with Ms. Morris, John Delagloria, and Mr. 1.00 175.00 Delaney to discuss and develop overall project negotiation strategy and objectives. 4/9/99 LRF Reviewed draft agreement. 1.20 210.00 4/12/99 LRF Reviewed memorandum from Diana Morris. 0.10 17.50 4/15/99 LRF Attended meeting at City Hall with Diana Morris, Don Delaney and 2.30 402.50 John Delagloria concerning draft agreement. 4/16/99 LRF Attended meeting with negotiation team and representatives from 2.50 437.50 Comrass /Simon and Terremark. 4/23/99 LRF Finalized memorandum to Diana Morris and Don Delaney. 0.40 70.00 Total Professional Services 1,312.50 Rate Summary Luis R. Figueredo 7.50 hours at $175.00/hr 1,312.50 Total hours: 7.50 Expenses Legal research 20.01; Sub -total Expenses: 20.01 Payments 5/11/99 Payment Ck#23545 755.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0141 -001 Page: 2 Sub -total Payments: 755.50 For Professional Services 1,312.50 For Disbursements Incurred 20.01 Current Balance: 1,332.51 Previous Balance: 755.50 Payments - Thank you 755.50 Total Due 1,332.51 To be properly credited, please indicate Statement Number on your remittance check. s 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. NAGINGALLOPFIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile. (305) 854 -5351 May 12, 1999 Ms. Diana Morris City of South Miami Community Redevelopment Agency 6130 Sunset Drive So. Miami, Florida 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Community Redevelopment Agency Dear Diana: Enclosed is our statement for professional services rendered and for costs advanced for the month of April, 1999 in the amount of $1,332.51. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Enclosure DEPARTMENT 61,W P. 0. NUMBER REQUISITION NUMBER QUANTITY AND QUALITY RECEIVED AS BILLED. . Zia? 16 J t' 7�/✓ Departinant Head DATE Very truly yours, arl rGGallop v IN 2,- 0 � -3 � CITY OF SOUTH MIAMI Q INTER-OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager 'a REQUEST Date: July 20, 1999 Agenda Item # Re: Wavier of Plat request for Miller Drive. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20- 4.2(B) OF THE LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE COUNTY CODE FOR THAT PROPERTY LOCATED AT 6600 SW 56 STREET (MILLER DRIVE). BACKGROUND On March 16, 1999, an Application for Waiver of Plat was applied for by Humberto J & Berta E. Gonzalez to divide a tract of land described as property folio 09 4025 0000 180 THE EAST 127 FEET OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 LESS THE NORTH 50 FEET THEREOF FOR ROAD, IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, ALL LYING IN MIAMI -DADE COUNTY, FLORIDA as follows: Parcel "A ": The NORTH 149 FEET OF THE EAST 127 FEET OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 OF THE NW 1/a LESS THE NORTH 50 FEET THEREOF FOR ROAD, IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, ALL LYING IN MIAMI -DADE COUNTY, FLORIDA. Parcel `B ": THE SOUTH 82 FEET OF THE NORTH 231 FEET OF OF THE EAST 127 FEET OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 OF THE NW '/a LESS THE NORTH 50 FEET THEREOF FOR ROAD, IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, ALL LYING IN MIAMI -DARE COUNTY, FLORIDA Parcel "C ":. THE EAST 127 FEET OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 OF THE NW '/4 LESS THE NORTH 50 FEET THEREOF FOR ROAD, IN SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, ALL LYING IN MIAMI -DADE COUNTY, FLORIDA, LESS THE NORTH 231 FEET THEREOF, AND LESS THE EAST 35 FEET AND THE SOUTH 40.69 FEET OF THE EAST 52.60 FEET THEREOF FOR THE ROAD RIGHT OF WAY PURPOSES ANALYSIS The proposed waiver of plat provides for three new townhouse sites. The property serves as an effective transitional land use between the adjacent single family to the east and multifamily to the west. The three parcels at this location are consistent with the RT- 6 zoning on the North side of Miller Drive while the property to the West is zoned RM- 24 which is medium density multi - family residential zoning and the proprieties to the east of this property are zoned RS -3 Single Family Zoning. The proposed wavier of plat is creating tracts that are larger than required by the land development regulations for RT -6. The development is both consistent with the land development regulations and the Compressive Master Plan APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20 -4.1 Adequate public facilities *Section 20- 4.2(b) Land Subdivision Regulations Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION Staff recommends approval of the request and believes that the proposed project will not adversely affect the health or safety of persons residing in the vicinity of the waiver of plat and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to City of South Miami and Dade County review and approval, and compliance with the City of South Miami Land Development, the Comprehensive and Section 20 -4.1 adequate public facilities of the Land Development Regulations. Attachments: Property Survey y MAP a /. • 3w 37r 7>e t a s Ot • t �� p f ,r6a 19. '. a , .f e.•�: ar ' f ° 3rF 4 i � / /sf. ' 3 aw z � J . r . . J f �{ A• s r h� • , w sew Tc» I I� y/ J a , i e » „ ,• s.. s A S e, D E ,�j » f '� c i tw f1 fr•, µ S I° f SM 59r• S> • N y /• 9 f ■ Dodt Cowl ' ' f I . n a loom ,a 11 9 { ? 7` L Sw Go'• 3> I as b ^ / e Sw bp,,, u Pi ',, �1 � µ 1. � $ �. d. • y 1 ,•. ; J �. i• of I ff s• If �Cti M1 ~. H fl I f• ,f +, fw I,.. SCU7H MIAMI FIELD r �: J e F 1 n l ° ,t t �z r !w cr• f u�l If i If 11 H A ` I PR ' I f s d ; 3 u ,. r..,:,.. ;, i y ,• f. i N S 6 7 7B 9'r 10 ,I G 5 L/ a S • I i , I! u - L d i ` f ND a � • � Sw .� • f • Ir S» 111 1[ if 41y..Tre ' , •, i� ,r 1 2 3' 4 g I t: Ir a µ r • a 1 I it ! 4 1 : . s • j i � in » '^ 1 c s •M c _J �, 6 7 6 — I ,I >L " a V S �rs C 1 , ,,T f L_ Q � _i• 6 ;� S • j • 5w `3' 1 7 s , , C _ • 9 f s J ,• aw a.f f re¢ q I of a e 2- 2 3 4 5 ( J9 /. ?. ' I ;" ,`° I =♦ i t ; i ! I s _r S IIIII I! • r f >rr, pr• , f — �roQT 6 37 6 2v f au fY >. I' y ,y I� f • ) ` G �II y y S L d I• ,J rf y[ 4 f ;; 13 TRACT 14 TRACT IS t•�`Sh • e I� a 1, a,l: s� i µ ) a H s +r zts a = ,a ' i ' O 1 A S.+ r.S r +�T' vl • I�II� ,2 v yb u t 2 q J �l N f ! �/ f ! V f 3 gw 1 5 S 6d • iE S. G'{•j(:�: ' dz S J 1 O A R ! tl 4v•, s i; I; • rf • • • - } - • - _ I '0 _ i . I I v V • f .= f ,1'Y S J • ' 7RACr J 12 TRACT If iRAC T,I'� A `• f • b •y = I Q �a O rr r• +� i L ! as f UN/ ^ Y 1't f^J o5 •• me ; l� ° • ) °C1 \. V W r Ir 4 v r ) J / Im A •°. ! { POf { l f Or " � . -DE, n• Iz 3w ST s AI. _+) \ V { • I µ rFi ^. T RACT 6 TRACT ) TRACT 6 ♦ ',94C7 T 14 RAC •I••. gl �' y 31 ! �j f f J! S 'D a • ,1 f �5 L .• r ARSN 6% ` t> J .r w S la '• �� h M • w lRA,; 1' C S 2 f l S v M IT �f! • / • C a /RACT F 40 7R ACCT j TqA 2 TRACT ITI P �� I •+ ° w Lt `1 LL.-11 I i r f 6 y -e 6 l w �.• ♦r : Sw 6 w 3 1� I �— i +' I 1! I� II 1 s lr I / + ! a %• r JN /YERS/rY GA4DENS NO n ° .,• 1� r •r O . 1 ,. L Y /PAC' < rRAC,- B ,R ai d.v Z6� o + V ' a - -f -s,2 i _ ( tl II L / 3.y I •l v w �: >il 7 v � �d 4 i L •Vf .9• I'_> r % �iMNiI7C O L /MS es •� •f ^' �h9' tt: � � 9 SyN, � ,+• r .4 % • ,� y '. r f y `/ {I •••�� r � �. LIT � ♦ A E � Poole c— [ z i v a r r• I. 4 4-d µ '7 N f of s s2 TEiRR ,a, A f JM 2 EP T T Oi I Y w J) j, � II•' _ �I s� L L3T 247 Y Y12 w.f, . ..'I' T Ta E E _ i' a Q 7 7 ]WA7-D 5 5 A A P PTI, 7,11 D DeOd! Co y Str. te•s • MAP a /. • 3w 37r 7>e t a s Ot • t �� p f ,r6a 19. '. a , .f e.•�: ar ' f ° 3rF 4 i � / /sf. ' 3 aw z � J . r . . J f �{ A• s r h� • , w sew Tc» I I� y/ J a , i e » „ ,• s.. s A S e, D E ,�j » f '� c i tw f1 fr•, µ S I° f SM 59r• S> • N y /• 9 f ■ Dodt Cowl ' ' f I . n a loom ,a 11 9 { ? 7` L Sw Go'• 3> I as b ^ / e Sw bp,,, u Pi ',, �1 � µ 1. � $ �. d. • y 1 ,•. ; J �. i• of I ff s• If �Cti M1 ~. H fl I f• ,f +, fw I,.. SCU7H MIAMI FIELD r �: J e F 1 n l ° ,t t �z r !w cr• f u�l If i If 11 H A ` I PR ' I f s d ; 3 u ,. r..,:,.. ;, i y ,• f. i N S 6 7 7B 9'r 10 ,I G 5 L/ a S • I i , I! u - L d i ` f ND a � • � Sw .� • f • Ir S» 111 1[ if 41y..Tre ' , •, i� ,r 1 2 3' 4 g I t: Ir a µ r • a 1 I it ! 4 1 : . s • j i � in » '^ 1 c s •M c _J �, 6 7 6 — I ,I >L " a V S �rs C 1 , ,,T f L_ Q � _i• 6 ;� S • j • 5w `3' 1 7 s , , C _ • 9 f s J ,• aw a.f f re¢ q I of a e 2- 2 3 4 5 ( J9 /. ?. ' I ;" ,`° I =♦ i t ; i ! I s _r S IIIII I! • r f >rr, pr• , f — �roQT 6 37 6 2v f au fY >. I' y ,y I� f • ) ` G �II y y S L d I• ,J rf y[ 4 f ;; 13 TRACT 14 TRACT IS t•�`Sh • e I� a 1, a,l: s� i µ ) a H s +r zts a = ,a ' i ' O 1 A S.+ r.S r +�T' vl • I�II� ,2 v yb u t 2 q J �l N f ! �/ f ! V f 3 gw 1 5 S 6d • iE S. G'{•j(:�: ' dz S J 1 O A R ! tl 4v•, s i; I; • rf • • • - } - • - _ I '0 _ i . I I v V • f .= f ,1'Y S J • ' 7RACr J 12 TRACT If iRAC T,I'� A `• f • b •y = I Q �a O rr r• +� i L ! as f UN/ ^ Y 1't f^J o5 •• me ; l� ° • ) °C1 \. V W r Ir 4 v r ) J / Im A •°. ! { POf { l f Or " � . -DE, n• Iz 3w ST s AI. _+) \ V { • I µ rFi ^. T RACT 6 TRACT ) TRACT 6 ♦ ',94C7 T 14 RAC •I••. gl �' y 31 ! �j f f J! S 'D a • ,1 f �5 L .• r ARSN 6% ` t> J .r w S la '• �� h M • w lRA,; 1' C S 2 f l S v M IT �f! • / • C a /RACT F 40 7R ACCT j TqA 2 TRACT ITI P �� I •+ ° w Lt `1 LL.-11 I i r f 6 y -e 6 l w �.• ♦r : Sw 6 w 3 1� I �— i +' I 1! I� II 1 s lr I / + ! a %• r JN /YERS/rY GA4DENS NO n ° .,• 1� r •r O . 1 ,. L Y /PAC' < rRAC,- B ,R ai d.v Z6� o + V ' a - -f -s,2 i _ ( tl II L / 3.y I •l v w �: >il 7 v � �d 4 i L •Vf .9• I'_> r % �iMNiI7C O L /MS es •� •f ^' �h9' tt: � � 9 SyN, � ,+• r .4 % • ,� y '. r f y `/ {I •••�� r � �. LIT � ♦ A E � nm- 'S HIM 12 OWNS" 2, 21 A b c- • IT Pi &0. P1 SCUrH MIAMI FIELD PR 5 6 7 91 10 ND 5- 1.2 r, ig t 0 41 4 t LIFT-. !, S.- F. F- 14 ..... ..... VIA T 13 TRACT 14 rRAC IS 2 A 4W 14 1 t Z sw '2- 3 t TRACT .1 T12 TRACT it TRACT 1� A I : 57 T 5 iRAcr 6 TRACT 7 rAA 4 C T 9 C) If 2 z I Z c -4 Nil Ir w MARSH L7 T. 4() TRACT I TRA IT 2 TRACT 1 :1 'A IrlAC7 F U" -f w ll�- T -,w,cRs,rj, 1ARDINS z ",A r I rNA C,' 3 4 L 11111 101" C): 9 7 T-, ZWL�17 ------ - --- JO �� 1�� - -,-- �� --- I 4o ir a, EP TOT i Tq 3• is 3.11 •4,flA,w., 3 4 W A7D A -9 'aw s". nm- 'S HIM 12 OWNS" 2, 21 A b c- • IT Pi &0. P1 SCUrH MIAMI FIELD PR 5 6 7 91 10 ND 5- 1.2 r, ig t 0 41 4 t LIFT-. !, S.- F. F- 14 ..... ..... VIA T 13 TRACT 14 rRAC IS 2 A 4W 14 1 t Z sw '2- 3 t TRACT .1 T12 TRACT it TRACT 1� A I : 57 T 5 iRAcr 6 TRACT 7 rAA 4 C T 9 C) If 2 z I Z c -4 Nil Ir w MARSH L7 T. 4() TRACT I TRA IT 2 TRACT 1 :1 'A IrlAC7 F U" -f w ll�- T -,w,cRs,rj, 1ARDINS z ",A r I rNA C,' 3 4 L 11111 101" C): 9 7 T-, ZWL�17 JO 5 Proposed Waiver of Plat 6600 SW 56 Street 100 200 300 400 500 600 700 800 900 1000 Feet Humberto J & Berta E. Gonzalez 6825 SW 56 Street Miami Florida, 33183 Humberto J & Berta E. Gonzalez, Please note that your request for a waiver of plat will be heard by the City of South Miami City Commission on July 27,1999,7:30 PM. You and or your representative should be present at the meeting should the Commission or public have any questions relating to this project. For your convenience I have attached a copy of the proposed City Commission Resolution. Should you have any further questions related to this issue please contact me at 305 -663 -6347. Sincerely John P. Little Jr. Planner I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST A WAIVER 5 OF PLAT, PURSANT SECTION 20- 4.2(B) LAND SUBDIVISION 6 REGULATIONS IN THE LAND DEVELOPMENT CODE, REGARDING 7 THE PROPERTY LOCATED IN THE RT -6, TOWNHOUSE RESIDENTIAL 8 DISTRICT ", LOCATED AT 6600 SW 56 TH STREET , SOUTH MIAMI, 9 FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 10 17 -9 OF THE CODE OF ORDINANCES; PROVIDING FOR A LEGAL 11 DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE: 12 13 WHEREAS, subject property is located at 6600 SW 56 th 14 Street, and is legaly described as follows: 15 The East 127 Feet Of The Nw '-4 Of The Nw 14 Of The Nw 16 Of The Nw 1-4, Less The North 50 Feet Thereof For Road, 17 In Section 25, Township 54 South, Range 40 East,All 18 Lying In Miami -Dade County, Florida; and, 19 20 WHEREAS, Humberto J &Berta E. Gonzalez owners, of the property 21 submitted an application requesting a waiver of plat, 22 pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations and, 23 24 WHEREAS, Planning staff has recommended approval of 25 the application for said waiver, which is based upon (a) 26 the merits of the application as it relates to requirements 27 in the Land Development Code and (b) the application's 28 consistency with the City's adopted Compressive Plan; and, 29 30 WHEREAS, the Mayor and City Commission of the City of 31 South Miami desire waive the requirements of the platting 32 procedure pursuant Section 20- 4.2(b) of the Land 33 Subdivision Regulations and. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 37 38 Section 1. The application submitted by Humberto J & Berta 39 E. Gonzalez requesting a waiver of plat, pursuant to Section 20- 40 4.2(b) of the Land Subdivision Regulations and, is granted. 41 42 Section 2. Drawings submitted by the applicant, as 43 part of the record for this City Commission meeting 44 prepared by Jose E. Fuxa, P.S.M. dated March 30, 1999 and 45 Zamora & Associates,Inc dated June 7, 1999 project number 46 99112 shall be the guiding plan for development. 47 I Section 3. This resolution shall 2 immediately upon approval. 3 4 PASSED AND ADOPTED this day of 5 6 7 ATTEST: APPROVED: 8 9 10 CITY CLERK MAYOR 11 12 READ AND APPROVED AS TO FORM: 13 14 15 16 CITY ATTORNEY 17 take effect , 1999. 4R J METRO -DADE FIRE RESCUE DEPARTMENT DATE_k L Q FIRE INSPECTION REPORT CONTINUATION OCCUPANT ff)0 A 4'f_-6gJ I oS E�- ADDRESS S`l,J . fir,% AO , 4- S6 S � Page of Pages INSPECTOR 125.01.105 6/93 wwm DRY EXFILTRATION sat ula Atta u at 11 Xc A II rwa Cr 1 A.IWUK • Xf A tE 10aw COP __qmo Wlu 0(r sm W, w Tnc r W/ o»c nc TmJK /2TUS �a. �o UK ua ulna •& to U. 2.6 as V= et"=60(1 or F.WA mwK. f I!+ . ) f SYSTEM IN PAVED AREA on b 0.%% rr tm aXta X0 ALOW COO L._J twa I as foo mn IM.[o d' Nfl� IA M cams ODD I" air FK AA r e1TAn Atirritm I_Tr�'88' T )1,1-11 CATCH BASIN GREASE & " OIL SEPARATOR plL+6 A.5£ PRECEO NG FRENCHBDRAIN TWO (2) TEES AS SHOWN IF F.O. AT BOTH SIDES OF STRUCTURE NOTES: 1 — ASOVC STRUCTURE TYPE 'P" S.O. 2.6 IS RECOMMENDED FOR SMALL DRAINAGE AREAS LESS THAN 0.20 ACRE PER CATCH .. BASIN. 2 — rOR DRAINACC AREAS EQUAL TO OR .GREATER THAN 0.20 OUT NOT EXCEEDING .3 ACRE'PIIOvIGC TYPE 'J AS PER S.D. 2S 'STRUCTURES. 3 A L INVERTS Or PERFORATED PIPES TO OE -AT OCTOBER WATER TABLE. 4 —'WHEN PRETREATMENT IS REOUIREO IN A DRY EXrILTRATION• SYSTEM. Ir GRADE CONDITION ON SITE IS SUCH THAT THE INVERT Or THE t4OH PERFORATED PIPE LEAVING THC CATCH GASIN IS OCLOW THE OCTOBER GROUND WATER LEVEL: A TRANSITION IS REOUIRCO FROM THIS INVERT ELEVATION TO THE INVERT OF THE PERFORATED PIPE- 5 — ALL OTHER ALTERNATIVES TO THE ABOVE OIL & GREASE INTERCEPTORS MUST OC RCVICWCO AND ' APPROVED BY O.E.R.m. PRIOR TO ISSUANCE Or A CONSTRUCTION PERMIT i e exc so 4ICc 64" r tt CO rfm • R «+ IQ m. wL u. u a yp SODS OE 1/1M 1K Q" VA. OR _._ Q �K to QC 6ttT1! UO 1K K $UK �'"" ct es" FaF Ir0 Nrt>�i ,°�« SI sort . u,r� aw(wq K040C CA9V raxo aR «u me p roR oHc TEE TYPICAL 'CATCH BASIN � &I SU TTPC J FOR 2'7CCS IM.[o d' Nfl� IA M cams ODD I" air FK AA r e1TAn Atirritm I_Tr�'88' T )1,1-11 CATCH BASIN GREASE & " OIL SEPARATOR plL+6 A.5£ PRECEO NG FRENCHBDRAIN TWO (2) TEES AS SHOWN IF F.O. AT BOTH SIDES OF STRUCTURE NOTES: 1 — ASOVC STRUCTURE TYPE 'P" S.O. 2.6 IS RECOMMENDED FOR SMALL DRAINAGE AREAS LESS THAN 0.20 ACRE PER CATCH .. BASIN. 2 — rOR DRAINACC AREAS EQUAL TO OR .GREATER THAN 0.20 OUT NOT EXCEEDING .3 ACRE'PIIOvIGC TYPE 'J AS PER S.D. 2S 'STRUCTURES. 3 A L INVERTS Or PERFORATED PIPES TO OE -AT OCTOBER WATER TABLE. 4 —'WHEN PRETREATMENT IS REOUIREO IN A DRY EXrILTRATION• SYSTEM. Ir GRADE CONDITION ON SITE IS SUCH THAT THE INVERT Or THE t4OH PERFORATED PIPE LEAVING THC CATCH GASIN IS OCLOW THE OCTOBER GROUND WATER LEVEL: A TRANSITION IS REOUIRCO FROM THIS INVERT ELEVATION TO THE INVERT OF THE PERFORATED PIPE- 5 — ALL OTHER ALTERNATIVES TO THE ABOVE OIL & GREASE INTERCEPTORS MUST OC RCVICWCO AND ' APPROVED BY O.E.R.m. PRIOR TO ISSUANCE Or A CONSTRUCTION PERMIT i SITE REOUIREMENTS: Compliance with Ordinance 83 -23 giving Policy jurisdiction to issue citations for parking along frontage of all commercial development. Emergency vehicle parking area is to be located in close proximity to the, main entrances. Said area to be identified. Per S.F.F.P.C. Fire Department vehicle access is to be provided to as many sides of the structure as practical or as necessitated by the design of the structure and location of internal fire protection connector. Fire access lanes must be capable of supporting 35 tons with slopes not more than 10 percent and surfaced with solid pavement, natural or concrete stones or with grass turf reinforced by concrete grids or stabilized subgrade construction which meet the standards of the Metropolitan Dade County Public Work. s Department Such construction must be certified by a registered professional engineer of the State of Florida. Access lanes are to be a minimum of 20 feet wide with a vertical clearance of 14 feet. Landscaping along these lanes must be approved and conform to landscaping plans. Curb cuts for fire access lanes marked "Fire Lanes" in such a manner as to be easily visible from the road and clearly delineated with informational signs of not less than two square feet at each parcel Parking on fire access lanes is to be prohibited. . Fifty -eight foot outside turning clearance and 36 foot inside turning clearance radii. All slopes in the project must be able to accommodate our largest aerial truck. This truck has the dimensions and angle requirements shown below.. Overall length: Bumper -to- bumper length: Wheelbase length: Angle of approach: Brake -over angle: Angle of departure: 46 feet, 10 inches 32 feet 256 inched 11 degrees maximum 7 degrees maximum 8 degrees Aerial apparatus set -up sites at the comer of each building over three stories and at the approximate center of buildings in excess of 125 feet in length. Set -up sites no closer than 10 feet or further than 30 feet from any building and at least 21 feet wide and 36 feet long with a cross slope of less than 5 percent. Construction of the set -up sites will consist of a stabilized subgrade, which meets the standards of the Metropolitan Dade County Public Works Department, and Mt t MUeULI I AN DADE GUUNTY, FLORIDA 1rtE�00AQE EMMONNWAL REDOURM YANA�R _ENVIRONMENTAL REVIEW OF DRAINAGE SYSTEM III LK ST surm mo Date poi w"M Project Name M D +, C -&C— LLZS Section �L5 Township 5 Range 0 Tentative Plat Location within C.O.I r Trees Basin Review for Compliance with Dade County Aquifer Protection Requirements. EaProvide Oil and Grease Interceptors at all Catch Basins preceding French Drains as per attached standard details. ' ❑ Provide Oil and Grease Interceptors at Structure No.: All French Drains to have invert of perforated pipe and minimum elevation of Oct. ground water level of 3 - o NGVD or higher. Review for compliance with Section 24.12.1 of Metropolitan Dade County Code. COMMENTS: 1. French Drains shall be as per SDU 2. Catch Basin shall be as per SD2.6 with Oil & Grease interceptors (battles) preceding all French Drains. 3. Property line must be graded to avoid runoff into adjacent property. 4. This review is for Stormwater Quality only; Stormwater Quantity to be reviewed by Public Works Department. Outside C.O.I. 1. Design for compliance with D.C. Aquifer Protection Requirements. 2. Commercial/Industrial & Residential with Parking Area, provide Pollution Retardent Structures at all Catch Basins. Inside C.O.I Design for compliance with Dade County Code Chapter 24.12 Reviewed by �e' Nts O( 6 DCFC 6 - S S WT .`3•D "Grass Pavers" or an equally acceptable product as determined by the authority having jurisdiction. Set -up sites must be capable of withstanding any point forces resulting from out riggers. . Maintenance of fire lanes provided by the owner. Fire sprinkler system to be installed in accordance with S.F.B.C, South Florida Fire Prevention Code and adapted NFPA Codes. 1. All fire main installation beyond backflow, preventor detector check valve are to be done by State Certified Fire Protection Contractor. 2• "P.I.V" and "F.D.C" shall be located not less than 40 ft from building. "Backflow Prenventor" shall be located upstream from "P.I.V ". 3 "F.D.C" must be placed within 150 feet from a fire hydrant. An identification system located at each enumce.of the complex consisting of a framed lighted map of the development showing all structures and streets at adequate scale. Lighted signs for identification on all structures within the development. Si letters and.numbers shall be 6" on front of building and 4" qn rear gn Limit dead ends to 200 feet and locate "Dead End" signs at the entrance of each area. In fully sprinklered building dead end may be 300' Minimum 15' gate width. Cannot be within turning radius. Gated entrances to provide elevator lock box containing switch or lever to active gate for fire department use. NV-1d AOVNIVlvaiNOie 'Iwvj4 10t, 31ins 3118a 11,111), N o.>N O (INV DN!OVHD 'ONIAVd ecrc l $ ONINNVId ONVI ONI833NION3 � c � f c '•�N ; oV!OwVZ 11 saiv.ism 80,3031 w 3AV 41L9 'M'S k k aSII } e i I ®o ii'I 9 00® 5� x tY,Y. �5i B�aY.f •p � �� iCgit�F N yy[� 33��E+ry�E 7 y gs J 2yiE H pf ppE E'g3. n k t{nsk! r a p,y ek 4 yE 561 r11i It >m= U a�: a I e !e $ a 1 pp5a E e !:E ( Ertl! ssuaec • F •yv t�'1 `vC ;go O I .W !� r: �€ W �° 8 �S� Ci% i F� �� ^€ i pY: •i ib� i Yie � �i � ;,E� d el . E"° -{ s. a :: e f€ � E #.�f �z= � �E4t E: •� � �i 'z: � i F€ q�� .I.i i�j zzY eS.� d yi 8d g so$ E -s S $. H! 2_ $gg3- � ?�e y•.r �' df ?•-' `;�e a .: °� _: %aF !ys€ � €e �y fi u,° d . $? Y E; f 46'; %•'• f E. G., fa = de- , - ezy . � -ER 3AV 41L9 'M'S k k aSII } e i I ®o ii'I 9 00® 5� x tY,Y. �5i B�aY.f •p � �� iCgit�F N yy[� 33��E+ry�E 7 y gs J 2yiE H pf ppE E'g3. n k t{nsk! r a p,y ek 4 yE 561 r11i It >m= U a�: a I e !e $ a 1 pp5a E e !:E ( Ertl! ssuaec • F •yv t�'1 `vC ;go O I .W r: �. W �° 8 H tat to el . 3AV 41L9 'M'S k k aSII } e i I ®o ii'I 9 00® 5� x tY,Y. �5i B�aY.f •p � �� iCgit�F N yy[� 33��E+ry�E 7 y gs J 2yiE H pf ppE E'g3. n k t{nsk! r a p,y ek 4 yE 561 r11i It >m= U a�: a I e !e $ a 1 pp5a E e !:E ( Ertl! ssuaec • F •yv t�'1 `vC ;go t .� City of South Mien..... planning & ZoniagDepartmant 6130 Sunset Drive. South Miami, Florida 33143 Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591 Application For Waiver of Flat Address of tiuolect rroporty: 66010 9d 56 th Stxaet ; P8 E: T.2'f arwi7t+ Meets & Bounds' r....__ „,,...�......�., of South MAd, Tnc. - -- -------------------- ------ Tphon-,-------------------------- _- - - - -.. 3 SW 117th am Suite # 135 Miami. 33183 1 Phone. :305- 596.03 east. 15 vl wd, fit. ire: 666 -26D5 A,& THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS 15ROJECT: _Owner — Owner's Representative !Contract to purchase , _Opticn to purchase _TenantlLessee 'LEASE CHECK ALL TMAT APPLY' X Application Form X Warranty Deed(s) XLettar from owner(s) Power of attorney Contract to purchase X Waiver of plat (22 copies) Signed & Sealed by a Registered Surveyor JL Required Fee(is) The undersigned has reed this completed application and represents that the information and all submitted materials ore true all;. correct to the best or the applicant's knowledge and belief /ppllca1v -s Signaturc and title Date Upon receipt. appiications and all submitted materials will be reviewed for compliance with the Land Development Code and otho. applicablu regulations. Applications found not in compliance will be rejected and returned to the applicant, ' OFFIft USE ONLY: Date Fiicd City Approval County Approval.,,_, Concurrrncy Method of Payment. ..._ �, K.aK.'�J NUMMATO A BATA GONZALIZ 40l8 O.W. BOTH BTR@L*T MIAMf FLORIDA x.1153 City of South Miami 6130 eunsaf Orlve Miwnl, Florida 83148. Rs; Application for waiver of piss Ladies A 13antlnmrn: This NOW N our authoslmtlon to release Infonftdon, inform and Communicalf with Mr. Haw J. Garcia whom acidness Is 7800 SW 117th Avenue aiity i 106, Miami, Florida 331 IS., parralftil to Na ;Rplicatlon fW waiver of plat for Nq pmperty whom legal description and physical address Is described in fhb alJWW application Toren prepared by City of south MWI, " Application for Waiver of Fiat l Thanking you for your aoopamdon. We remain. 8incarely Yru r$. /-(y —�— .' e— r Humberto J. tisonmiss _ C __ CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Subrata Basu DATE: ACM / Planning Direct via: Fernando J. Rodrig l , Public Works Director o , . FR01: David K. G'� Project Mania July 13, 1999 SUBJECT: Montebellos Estates II Proposed Plat/Paving Plans PW Recommendations The above referenced proposed plat and paving & drainage plans involve a private roadway, and therefore permitting responsibility shall fall to your department and the Building Department. However, per the request of Mr. John Little of your staff, Public Works has reviewed the street design and offers the following comments to assist your review of the same. Mr. Cesar Castella, PE, of our staff has provided detailed comments that are attached. In addition to those comments, your attention is directed to the following: 1) A public record should be recorded that clearly indicates who shall maintain the private road system (e.g., drainage, paving, lighting, landscape maintenance, etc.). ?) As this subdivision shall be new construction, the property and street elevations may be significantly higher than adjacent properties. Survey information on adjacent properties should be provided in order to assess the potential for stormwater runoff. 3) Any median trees should be located behind a concrete curb, and properly set back from traffic lanes (i.e., 6' from edge of pavement) and line -of -sight areas. 4) Easement rights should be granted to Public Works to access trash and garbage collection areas along this private road. 5) A signed and sealed engineering plan should be submitted for any alternate cul -de -sac / t- turnaround design. The design should accommodate, at a minimum, the turning requirements of a standard municipal garbage truck. 6) The comments of Miami -Dade County Public Works & Traffic should be obtained beforehand on the proposed connection to SW 56th Street. cc: Sonia Lama, Building Director John Little, Principal Planner Cesar Castella PE, PW Engineers JUL 1 41999 ��. -OWN a City of South Miami PUBLIC WORKS INTER - OFFICE MEMORANDUM TO: Fernando Rodril;ucr Public Works Director FROM: Cesar Castella / A Civil Engineer UA "CI ?: July I, 1999 SUBJECT: Review of Preliminary Plans, Montehellos Estates II (SW 66 Ave. Plat) The following comments should be sent to the submitting Consulting Engineers, Zamora & Associates (305) 273 -7801. A) Waiver of Plat, dated 2 -17 -99 by J. Fuxa. P.S.M. Show full R.O.W. of Miller Drive to centerline of S. W. 67`" Ave., including both edges of pavement and any driveways on North side. Show existing pavement markings and existing traffic signs. Some of this can be provided as separate survey information if not suitable for inclusion on a formal Waiver of Plat document. Label submittal as a Waiver of Plat (Preliminary) if that is what it is intended to be. If such, show road R.O.W. (label as S.W. 66`h Ave. if it will be such) and proposed parcels. Indicate road is a private road; i.e., to be maintained forever by property owners. 2. Show beginning and end of all fencing along all property lines, including rear. 3. Provide elevations at South edge of pavement, on a line halfway to North property line, at front and back of existing sidewalk, in throat of curb and gutter, (every 40') from East R.O.W. line of 67`h Ave. to 120' east of project's East property line. Show missing elevation (13.3) at N.E. corner of project. If elevations shown on sheet C -1 at East and West property lines came from survey, indicate on Waiver of Plat. "City of Pleasant Living" 4. Indicate diameter of oak tree shown. �. Indicate Base Flood Elevation as "None -Not a Flood "Lone" or appropriate terminology from F.E.M.A. panel rather than "N.A." as shown. 11) Paving, Grading and Drainage Plan by Zamora Associates by /.aurora & Associates dated 3- 16 -99. 6. Incorporate items described in A) l., ?., 3. and 4. including all pavement markings and new road name. 7. Extend curb and gutter and sidewalk from West property line to proposed return of 66'x' Ave. Elevations to be provided will determine what additional drainage solution may be required. R. Pavement: Coordinate information shown: Plan view indicates asphalt pavement, typical section item C. indicates brick pavers. If street is going to be a private road, pavers are O.K. if maintained by owners — however, that information must be shown on plan. Asphalt is O.K. either way although, again, if private to be maintained by owners. Stipling (for asphalt pavement) to include connection to Miller Road, around two inlets and three driveways to property line not so stipled. 9. Existing Trees and Proposed Landscaping: Need a complete tree survey along East property line. Mostly Australian pines can be removed as "trash trees ", but there may be other interspersed species. Proposed Tree Schedule - Show trunk diameter, height, canopy spread; type I required and tree count. 10. Show proposed utilities: water mains, power poles, etc., as related to proposed trees. If utilities are to be in 10' utility easement, please indicate. 11. Drainage: Refer to quick calculations for east and west sides of roadway. On attached table: "City of Pleasant Living" 2 WEST EAST Impervious 0.09 Ac 0.07 Ac Pervious 0.04 Ac 0.05 Ac 0.08 Com osite cA 0.09 13% jareater 50 LF French drain proposed 110 LF 1200/6 greater "City of Pleasant Living" 2 It appears the west side is provided disproportionately more drainage. Please rcyiew. Suggest 15" diameter interconnecting solid pipe connecting inlets for equalization. Both inlets are labeled No. 1. If invert elevation of French drain Pipe is f-9.0 and 24" sump is provided at inlets, then inlet invert elevations should be 4-7.0. Coordinate French drain section and elevation, call out all materials plus corresponding depths. Correct all drainage details to incorporate appropriate comments. 12. Street signage and striping: Once complete lane striping from SW 67'x' Ave. is shown, determination can be made if exit from this project should be a Right Turn nniv condition. Additional sign required at project entrance No nutlet. Double Yellow stripe (4 ") required at street centerline. 13. Structural: 42" Structure (Catch Basin) • Show reinforcement at top slab, plan and section. • Suggest #5 at 12" E.W. for walls instead of W.W.M. shown, key at top wall for top slab. • Water stops required between bottom slab and walls. Indicate size and type. • Show size, embedment length and minimun distance to edge of' lifting straps, one at each corner. • Reinforcing bars of bottom steel should extend through lifting straps. • Compute buoyancy. • Specify inlet grate, to be traffic bearing. • Provide 18" diameter, drain opening at bottom slab, fill with }/4" ballast rock. 14. T turnaround at end of street: Reference is made to County Standard Detail R 11.3; however, layout shown does not conform to same. Submit separate traffic sketch indicating adequate turning radius for City garbage truck and/or emergency vehicles. This sketch should indicate if island shown can stay. Garbage truck dimensions: 34' length, 8' width. Allow control radius of 40'. Indicate details and specify materials for guard rail. 15. General Notes: 1) Delete reference to City. We use Dade County Standards and Specifications. "City of Pleasant Living" `� "1" _- ..., �%--1 l� 2) O.K. 3) O.K. 4) Show existing and proposed utilities on plans. Add note about contacting UNCLE and I-PL, as required. Provide telephone numbers. 5) O.K. 6) After Engineer, add "and the City of South Miami ". 7) O.K. 8) At end of note, add "to the satisfaction of the City of South Miami Building and Zoning and Public Works Departments ". 9) Eliminate Note 9 — Place all such information on typical Road Section to avoid confusion. 10) On 4"' line delete "base" and substitute "stabilized subgrade". 11) To be checked. 12) O.K. 13) O.K. 14) Determine if Survey submitted will be a Waiver of Plat. (Check spelling). 15) At end of note, add "and must be approved by the City of South Miami Public Works Dept ". 16. Notes for Underground Contractor: A. I. through 4. O.K. B. Change beginning of note to read "Neither the Engineer nor the City of' South Miami is responsible for ". Label as B.I. add note B.2. — "Contractor to submit shop drawing details for approval by the Engineer and Public Works Dept., City of South Miami prior to beginning construction operations ". 17. Typical Section Revise to include: 35' distance R/W to R/W. C. Wearing surface: 1" type I Asphaltic Concrete D. Base Course: 8" Limerock Base compacted to 98% of maximum density as per AASHTO T -180. E. State sod type. R 14.6 does not apply unless you are proposing a valley gutter both sides of street. Refer to SD 2.5 and show size of catch basin pavement. F. Stabilized subgrade shall be 12" thick compacted to 95% of maximun density per AASHTO T -180. cc: David K. Goodin, Project Manager "City of Pleasant Living" 4 s4L , ..ice„ 4""^+ rr:r '+P•. �.� City of South Miam.... 49 Planning & Zoning Departmont 6130 Sunset Drive. South Miami, Florida 33143 Telephone: (305)663 -6327 Telefacsimile: (305)666-4591 Application For Waiver of Plat Address of out lem torapany: t 0"Onel � ......... _— _..._._.. . 60 9156 th 9kxaet � P8 Meats a Eounds:E. X2'1 o "rlw'�7 i�lit-o 1�7 s '1 '' i'�`C ff r �5'�t+ll' 4 °� ,., tl e t `�t.'T."1t`ta!Bm of Std Mifts Inc. _ — �Phane� - - -- ----------------------- 117th me Suite d 13S Miatti. 33�I i - - - -- 305. 596-9393 ext. 1,5 ttaturo•�R�o , ' 105-• 666-YjC6 �l•[CY� pyvner .,_,Owner's Representative Contract to purchase , _Optic r�� n to purchase _Jenantll -easee RED MATERIALS CHECK ALL THAT APPLY' X Application Form 7E Warranty Deed(s) X1.etier from Owner(s) Powsr of attorney _ Contract to purchase X Waiver of Plat (22 copies) Sighed $ Sealed by a Registered Surveycii „1 Required Fee(s) The undersigned has read this completed application And represents that the inforniWon and all submitted materials are true an: correct to the best of the applicant's knowledge and belief Applicant` Signature and t ile Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and otha, applicablu regulations, Applications found not in compliance will be rejected and returned to the applicant, ' OFFICE USE ONLY: Date Filed City Approval County Approval„ Concurrency Method of Payment. I (`j HumWTo a OWTA GONZALINZ GUI G.W. NTH sTtteeT MIAMI; FLORIDA 33183 City of South Miami 6130 Sunset Drive Miami, Fk"ida 33143. Rs: Application for waiver of plat Ladies & aentiemon: This leer is our authortaMon to miens infoml don, intom and comtnuniceita wtth Mr. Haw d. Garcia whose address N 7133Q 6W 117th Avenue welts 6 US, Miami, Florida 33103., psrbining to the apiicadon for waiver of plot for" property whom lepi deaedption and physical address is described in the WWWWWWWW application form prepared by City of South Warm, " Apps wive for Waiver of Plot Thanlunp you for your aoopsmilon. We remain. Sincerely Yours. .:. . HuMberto J. donzalse I.. Berta E. Oonsalesc dr CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Subrata Basu DATE: July 13, 1999 ACM / Planning Directq� via: Fernando J. Rodri Public Works Director FROM: David K. Go �K�. SUBJECT: Montebellos Estates 11 Project Mana r Proposed Plat/Paving Plans PW Recommendations The above referenced proposed plat and paving & drainage plans involve a private roadway, and therefore permitting responsibility shall fall to your department and the Building Department. However, per the request of Mr. John Little of your staff, Public Works has reviewed the street design and offers the following comments to assist your review of the same. Mr. Cesar Castella, PE, of our staff has provided detailed comments that are attached. In addition to those comments, your attention is directed to the following: I) A public record should be recorded that clearly indicates who shall maintain the private road system (e.g., drainage, paving, lighting, landscape maintenance, etc.). 2) As this subdivision shall be new construction, the property and street elevations may be significantly higher than adjacent properties. Survey information on adjacent properties should be provided in order to assess the potential for stormwater runoff. 3) Any median trees should be located behind a concrete curb, and properly set back from traffic lanes (i.e., 6' from edge of pavement) and line -of -sight areas. 4) Easement rights should be granted to Public Works to access trash and garbage collection areas along this private road. 5) A signed and sealed engineering plan should be submitted for any alternate cul -de -sac / t- turnaround design. The design should accommodate, at a minimum, the turning requirements of a standard municipal garbage truck. 6) The comments of Miami -Dade County Public Works & Traffic should be obtained beforehand on the proposed connection to SW 56h Street. cc: Sonia Lama, Building Director John Little, Principal Planner Cesar Castella PE, PW Engineer�j�f JUL 1 41999 TO: FROM: DATE: R City of South Miami PUBLIC WORKS INTER- OFFICE MEMORANDUM Fernando Rodriguez Public Works Director Cesar Castclla 44Z(P,�� Civil Engincer July 1, 1999 Review of Preliminary Plans, Montebellos Estates II (SW 66 Ave. Plat) '['he following eomments should be sent to the submitting Consulting Engineers, Zamora & Associates (305) 273 -7801 A) Waiver of Plat, dated 2 -17 -99 by J. Fuxa. P.S.M. Show full R.O.W. of Miller Drive to centerline of S. W. 67`h Ave., including both edges of pavement and any driveways on North side. Show existing pavement markings and existing traffic signs. Some of this can be provided as separate survey information if not suitable for inclusion on a formal Waiver of Plat document. Label submittal as a Waiver of Plat (Preliminary) if that is what it is intended to be. If such, show road R.O.W. (label as S.W. 66`h Ave. if it will be such) and proposed parcels. Indicate road is a private road; i.e., to be maintained forever by property owners. 2. Show beginning and end of all fencing along all property lines, including rear. 3. Provide elevations at South edge of pavement, on a line halfwav to North property line, at front and back of existing sidewalk, in throat of curb and gutter, (every 40') from East R.O.W. line of 67`h Ave. to 120' east of project's East property line. Show missing elevation (13.3) at N.E. corner of project. If elevations shown on sheet C -1 at East and West property lines came from survey, indicate on Waiver of Plat. "City of Pleasant Living" i �r 4. Indicate diameter of oak tree shown. �. Indicate Base blood Elevation as " Ncmc -Not a Flood "Lone" or appropriate terminology from F.E.M.A. panel rather than -N.A." as shown. 13) Paving, Grading and Drainage Plan by Zamora Associates by Zamora & Associates dated 3 -16 -99 6. Incorporate items described in A) 1., 2., 3. and 4. including all pavement markings and new road name. 7. Extend curb and butter and sidewalk from West property line to proposed return of'66"' Ave. Elevations to be provided will determine what additional drainage solution may be required. 8. Pavement: Coordinate information shown: Plan view indicates asphalt pavement, typical section item C. indicates brick pavers. If street is going to be a private road, pavers are O.K. if maintained by owners - however, that information must be shown on plan. Asphalt is O.K. either way although, again, if private to be maintained by owners. Stipling (for asphalt pavement) to include connection to Miller Road, around two inlets and three driveways to property line not so stipled. 9. Existing Trees and Proposed Landscaping: Need a complete tree survey along East property line. Mostly Australian pines can be removed as "trash trees ", but there may be other interspersed species. Proposed Tree Schedule - Show trunk diameter, height, canopy spread; type I required and tree count. 10. Show proposed utilities: water mains, power poles, etc., as related to proposed trees. If utilities are to be in 10' utility easement, please indicate. 11. Drainage: Refer to quick calculations for east and west sides of roadway. On attached table: r "City of Pleasant Living" 2 WEST EAST Impervious 0.09 Ac 0.07 Ac Pervious 0.04 Ac 0.05 Ac Composite cA 0.09 0.08 13% Rreater French drain proposed 110 LF 50 LF 120% greater "City of Pleasant Living" 2 It appears the west side is provided disproportionately more drainage. Please review. Suggest 15" diameter interconnecting solid pipe connecting; inlets for equalization. Both inlets are labeled No. 1. If invert elevation of Drench drain pipe is f-9.0 and 24" sump is provided at inlets, then inlet invert elevations should be +7.0. Coordinate french drain section and elevation, call out all materials plus corresponding depths. Correct all drainage details to incorporate appropriate comments. 12. Street signage and striping: Once complete lane striping from SW 67 "' Ave. is shown, determination can be made if exit from this project should be a Right Turn Only condition. Additional sign required at project entrance No nutlet. Double Yellow stripe (4 ") required at street centerline. 13. Structural: 42" Structure (Catch Basin) • Show reinforcement at top slab, plan and section. • Suggest #5 at 12" E.W. for walls instead of W.W.M. shown; key at top wall for top slab. • Water stops required between bottom slab and walls. Indicate size and type. • Show size, embedment length and minimun distance to edge of lifting straps, one at each corner. • Reinforcing bars of bottom steel should extend through lifting straps. • Compute buoyancy. • Specify inlet grate, to be traffic bearing. • Provide 18" diameter, drain opening at bottom slab, fill with '/4" ballast rock. 14. T turnaround at end of street: Reference is made to County Standard Detail R 11.3; however, layout shown does not conform to same. Submit separate traffic sketch indicating adequate turning radius for City garbage truck and/or emergency vehicles. This sketch should indicate if island shown can stay. Garbage truck dimensions: 34' length, 8' width. Allow control radius of 40'. Indicate details and specify materials for guard rail. 15. General Notes: 1) Delete reference to City. We use Dade County Standards and Specifications. "City of Pleasant Living" 2) O.K. 3) O.K. 4) Show existing and proposed utilities on plans. Add note about contacting UNCLE and FPL, as required. Provide telephone numbers. 5) O.K. 6) After Engineer, add "and the City of South Miami ". 7) O.K. 8) At end of note, add "to the satisfaction of' the City of South Miami Building and Zoning and Public Works Departments ". 9) Eliminate Note 9 — Place all such information on typical Road Section to avoid confusion. 10) On 4`h line delete "base" and substitute "stabilized subgrade". 11) To be checked. 12) O.K. 13) O.K. 14) Determine if Survey submitted will be a Waiver of Plata (Check spelling). 15) At end of note, add "and must be approved by the City of South Miami Public Works Dept ". 16. Notes for Underground Contractor: A. 1. through 4. O.K. B. Change beginning of note to read "Neither the Engineer nor the City of South Miami is responsible for ". Label as B.I. add note B?. — "Contractor to submit shop drawing details for approval by the Engineer and Public Works Dept., City of South Miami prior to beginning construction operations ". 17. Typical Section Revise to include: 35' distance R/W to R/W. C. Wearing surface: 1" type I Asphaltic Concrete D. Base Course: 8" Limerock Base compacted to 98% of maximum density as per AASHTO T -180. E. State sod type. R 14.6 does not apply unless you are proposing a valley gutter both sides of street. Refer to SD 2.5 and show size of catch basin pavement. F. Stabilized subgrade shall be 12" thick compacted to 95% of maximun density per AASHTO T -180. cc: David K. Goodin, Project Manager "City of Pleasant Living" 4 iuur tlt Iws,l NVId .L7OVNIVVQ ONV ONIOVUS 'ONIAVd R £ 9111£ 110111011 'IWVIW 101 311115 3AN10 11VON3N 'N O1,411 _ - 8 g °18 4499 V '3AV 4319 "M°-m-r. DMNNVId ONVI ON1833NION3 c c c J W r 4 ~ vaOWVZ If S31V1S3 SOTI3031NOM € W, ��L 7 ; F _ $; i FF �g °f ,� '•�F ! s^' � .� L� ;€ E_ � f e �!i � N ie ! ( �l =l i �• Sp� g i s.£ xi is '� Ei €e :: .i �€€ •E €i = °4 : ii 8 t; 6 a: - :€ irc�!l1� g J N! $frES ;. $ vE •� I I= iei.8� i €o 1 „$ "Isi gET: ? .• Y1 € "i.. ^g N ;$ €`s ,. °e °o . �:; � � i.s � ;i ae $ Y�yt V$ .;- :� •s°:: � g g � g�i Es:- � :a c �� ., Sa$ WEES 5a . . � }st ?. „_„ : €. #: .___ 8 o•:R :# $ ire � „'” ". i y'• ° N q r o a h ~•' o X a- B 43 a a� 3AV 4JL9 'M'S k k 55� z `JQ8 ^� ■ N j Wq g 1 0`, W u0j: w ''! 6N A :E I e8 �. U _ d g rl^ � a •a�� 's ! es a � 1 °I II IM��.. V• i F B 43 a a� 3AV 4JL9 'M'S k k 55� z `JQ8 ■ N j Wq g N E MR G ': e d I I ° p •rw p a m f W U W J R � fo °o :g'• W U EL CL .fY'NE fl ,OL .00 .00 f I r g ! es a � a i F 14 a5 rim T li0 Zp • Y I Y Jl 4� i�iiL4 1- b ( yy Ii� pi, %b ilya Y a' $ Iall ell ! e i� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 7/23/99 FROM: Charles D. Scurr City Manager AGENDA ITEM # Comm. Mtg. 7/27/99 Presence of Sexual Predators residing in the The attached resolution sponsored by Commissioner Feliu directs the City Manager to publish information on Channel 5 Cable Television regarding the presence of sexual predators residing in the City. BACKGROUND The Florida Legislature found that sexual predators present a high level threat to the public safety and direct law enforcement agencies to inform the public of the presence of sexual predators in the community. ANAL YS /S The utilization of Channel 5 cable television is a most efficient way to inform the public on the identity and residence of sexual offenders residing in their community. CONCLUSION The following information regarding sexual predators living in the City, as provided by Florida Department of Law Enforcement shall include; the name of the sexual predator; a description of the sexual predator, including a photograph; the sexual predator's current address in the city; the circumstances of the sexual predator's offense(s); and whether the victim of the sexual predator's offense(s) was, at the time of the offense, a minor child. 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY; DIRECTING THE CITY MANAGER TO PUBLISH TNFORMATION ON CHANNEL 5 CABLE TELEVISION REGARDING THE PRESENCE OF SEXUAL PREDATORS RESIDING IN THE CffY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami are charged with the responsibility of providing for the public safety; and, WHEREAS, the Florida Legislature found. that sexual predators present a high level threat to the public safety and directed law enforcement agencies to inform the public of the presence of sexual predators in the community; and, WHEREAS, the Mayor and City Commission has determined that publication of information on Channel 5 cable television regarding the identity and residence of sexual offenders is an efficient way to inform the public. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The Police Chief shall provide the City Manager with the following information regarding sexual predators living in the city, as provided by the Florida Department of Law Enforcement: 1. The name of the sexual predator; 2. A description, of the sexual predator, including a photograph; 3. The sexual predator's current address in the city; 4. The circumstances of the sexual predator's offense(s); and 5. Whether the victim of the sexual predator's offenses) was, at the time of the offense, a minor or adult. The Police Chief shall not disclose, if known, the identity of the victim. The Police Chief shall inform the City Manager when a sexual predator is removed from the state's sexual predator list. .Additions shown by underlinin and deletion shown by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 2. The City Manager shall publish the prescribed information about the sexual predator on Channel 5 cable television. The City Manager shall also provide sexual predator inforlxlation on the city's web site, when the site is established. Section 3. This resolution shall tape etfect immediately upon approval. PASSED AND ADOPTED this day of 11999. 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: `\Dell 6100\Docwnents \City of South Miami \0022- 001 \53913645.doe Page 2 of 2 hotline access for state, local, and federal law enforce- ment agencies to obtain instantaneous locator file and offender characteristics information on ail released reg- istered sexual predators for purposes of monitoring, tracking, and prosecution. The photograph and finger- prints do not have to be stored in a computerized for- mat. 2. The department's sexual predator registration list, containing the information described in subparagraph (a)1., is a public record. The department is authorized to disseminate this public information by any means deemed appropriate, including operating a toll -free telephone number for this purpose. When the department provides information regarding a regis- tered sexual predator to the public, department person- nel must advise the person making the inquiry that pos- itive Identification of a person believed to be a sexual predator cannot be established unless a fingerprint comparison is made, and that it Is illegal to use public information regarding a registered sexual predator to facilitate the commission of a crime, 3. The department shall adopt guidelines as nec- essary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section. (1) A sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has had his or her civil rights restored, or has received a full pardon or has had a conviction set aside in a postconvictlon proceeding for any felony sex offense that met the criteria for the sex- ual predator designation. However, a sexual predator who was designated as a sexual predator by a court before October 1, 1998, and who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 10 years and has not been arrested for any felony or misdemeanor offense since release, may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. A sexual predator who was designated a sexual predator by a court on or after October 1, 1998, who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years, and who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. The court may grant or deny such relief if the petitioner demonstrates to the court that he or she has not been arrested for any crime since release, the requested relief complies with fed- eral standards applicable to the removal of the desig- nation as a sexual predator, and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the mat- ter. The state attorney may present evidence in opposi- tion to the requested relief or may otherwise demon- strate the reasons why the petition should be denied. if the court denies the petition, the court may set ai future date at which the sexual predator may again petition the court for renet, suujtwt w uto otnilho" .., .,,, ....�. provided in this paragraph. Unless specified in the order, a sexual predator who is granted relief under this paragraph must comply with the requirements for regis- tration as a sexual offender and other requirements provided under s. 943.0435 or a. 944.607. If a petitioner obtains an order from the court that imposed the order designating the petitioner as a sexual predator which removes such designation, the petitioner shall forward a certified copy of the written findings or order to the department in order to have the sexual predator desig- nation removed from the sexual predator registry. (7) COMMUNITY AND PUBLIC NOTIFICATION. (a) Law enforcement agencies must inform mem- bers of the community and the public of a sexual preda- tors presence. Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed day care center, elementary school, middle school, and high school within a 1 -mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. Information provided to members of the community and the public regarding a sexual predator must include: 1. 'The name of the sexual predator; 2. A description of the sexual predator, including a photograph; 3. The sexual predator's current address, includ- ing the name of the county or municipality 0 known; 4. The circumstances of the sexual predator's offense or offenses; and S. Whether the victim of the sexual predator's offense or offenses was, at the time of the offense, a minor or an adult. This paragraph does not authorize the release of the name of any victim of the sexual predator, (b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department. (c) The department shall notify the public of all des - Ignated sexual predators through the Internet. The Internet notice shall Include the information required by paragraph (a). (d) The department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators. (8) V15RIFICATION. The department and the Department of Corrections shall Implement a system for verifying the addresses of sexual predators. The system must be consistent with federal requirements that apply to the laws of this state governing sexual, 2322 '; ^,A. s.775.15 1998 SUPPLEMENT TO FLORIDA STATUTES 1997 a.775.21 extend the period of limitation otherwise applicable by More than 3 years, (b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater. (4) An offense is committed either when every ele- ment has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense Is committed. (5)(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indict- ment, information, or other charging document. (b) A prosecution on a charge on which the defend- ant has not previously been arrested or served with a summons Is commenced when either an indictment or information is filed, provided the caplas, summons, or other process issued on such indictment or Information is executed without unreasonable delay. In determining what Is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime In this state shall not constitute an unrea- sonable delay. (c) If, however, an Indictment or information has been filed within the time period prescribed in this sec- tion and the indictment or Information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commenc- ing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside. J6) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state. (7) If the victim of a violation of s. 794.011, former s, 794.05, Florida Statutes 1995, s. 800.04, ors. 826.04 is under the age of 16, the applicable period of limita• tlon, if any, does not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforce- ment agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit In which the alleged violation occurred. If the offense is a first or second degree fel- ony violation of s. 794.011, and the crime is reported within 72 hours after its commission, paragraph (1)(b) applies. This subsection applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984. Nlelory.--s. 78, Feb. 10, 183$ S. 1, ch. 4915; 1901; AS 2357; GS 3181, 3182; RGS 3011, 5012: COL 7113,7114; S. t. Ch. 16982, 1935: a.1 a, Ch, 20484,1951; a. 109, Ch. 70-339; S. 10, Ch. 74.383; s.1, ch. 76275; S.1, Ch, 77.174; S. 12, Ch, 78.435; s. S. ch, 84.86. s.1, ch. 84-550; s, 10, ch. 85.83; S. 4. ch. 86143: s. 2, ch. 90.120: a. 2, ch. 91 -256; s. 16, ch, 93.156; s, 17. Ch. 95 -158; s. 139, Ch, 98-416; s. 1, ch, 00.145; s. 3, ch, 98.28& s. 3, ch, 96322; s. 4, Ch. 96'409, A. 1. ch. 97.38; 4.1, Ch. 97-90; e. 1812, Ch. 97.102: S. 1. Ch, 97.104; S. 17, Ch. 98.174. 'NGIL-- &acebn 2, ch. 97 -98, provide that Itihis act "i take effect October 1, 1987. and OW apply to pending cams when the o9dnee was reported within 72 hours of No conrr►teslCn and with respect to which the proamlion has not been bard prior to No date. - ,— A Socticn 2, ch, 96 -146, provides that Iola oCt shall take effect October 1, 1998, and 90 apply to pending caves the pro eoutlon of which has not heen barred prier to this data! B. Section 2. ch. 97 -104, provides that 111hls act shall take effect upon betom- Ing a law and ehaii apply to pending oases the proaecutlon of which hall not been barred prior to that datV Note. —See former as. 982.03, 932.06, 915,03p 932.466. 775.21 The Florida Sexual Predators Act; defini- tions; legislative findings, purpose, and Intent; criteria; designatlon; registration; community and public notification; immunity; penalties.— (1) SHORT TITLE, This section may be cited as "The Florida Sexual Predators Aft," (2) DEFINITIONS, --As used in this section, the term; (a) "Chief of police" means the chief law enforce- ment officer of a municipality, (b) "Community" means any county where the sex- ual predator lives or otherwise establishes or maintains a temporary or permanent residence. (c) "Conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contondere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts - martial conducted by the Armed Forces of the United States, and includes a con- viction in any state of the United States. (d) "Department" means the Department of Law enforcement. (e) "Entering the county" includes being discharged from a correctional facility or jall or secure treatment facility within the county or being under supervision within the county for the commission of a violation enu- merated in subsection (4). (f) "Permanent residence" means a place where the person abides, lodges, or resides for 14 or more consecutive days. (g) 'Temporary residence" means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address; for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state; or a place where the person routinely abides, lodges, or resides for a period of 4 or more con- secutive or nonconsecutive days in any month and which is not the person's permanent residence. (3) LEGISLATIVE FINDINGS AND PURPOSE, LEGISLATIVE INTENT. — 2317 F_F�J 1a) repeat sexual orrenaers, sexual orienaers wno use physical violence, and sexual offenders vyho prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders com- mit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender vic- timization to society at large, while incalculable, clearly exorbitant. (b) The high level of threat that a sexual predator presents to the public safety, and the long -term effects suffered by Victims of sex offenses, provide the state with sufficient justification to implement a strategy that Includes: 1. Incarcerating sexual predators and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space. 2. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.03(5). The sex- ual predator Is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration, with a requirement that those who are financially able must pay all or part of the costs of supervision. 3. Requiring the registration of sexual predators, with a requirement that complete and accurate informa- tion be maintained and accessible for use by law enforcement authorities, communities, and the public. 4. Providing for community and public notification concerning the presence of sexual predators. 5. Prohibiting sexual predators from working with children, either for compensation or as a volunteer. (c) The state has a compelling interest in protecting the public from sexual predators and in protecting chil- dren from predatory sexual activity, and there is suffi- cient justification for requiring sexual predators to regis- ter and for requiring community and public notification of the presence of sexual predators. (d) It is the purpose of the Legislature that, upon the court's written finding that an offender is a sexual pred- ator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator's presence. The desig- nation of a person as a sexual predator is neither a sen- tence nor a punishment but simply a status resulting from the conviction of certain crimes. (e) It is the intent of the Legislature to address the problem of sexual predators by: 1. Requiring sexual predators supervised in the community to have special conditions of supervision and to be supervised by probation officers with low caseloads; 2. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and 3. Requiring community and public notification of the presence of a sexual predator, as provided in this section. (4) SEXUAL PREDATOR CRITERIA.- (a) For a current offense committed on or after October 1, 1993, and before October 1, 1995: 1. An offender who was found by the court under former s. 775,22 or former s, 775.23 to be a sexual predator is a "sexual predator" if the court made a writ- ten finding that the offender was a sexual predator at the time of sentencing, as required by former s. 775.23. Such sexual predator must register or be registered as a sexual predator with the department as provided in subsection (6), and is subject to community and ipublic notification as provided in subsection (7). Upon notifi- cation of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify mem- bers of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. 2. If an offender has been registered as a exual predator by the Department of Corrections, the depart- ment, or any other law enforcement agency and: a. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator, or b. The offender was administratively registered as a sexual predator because the Department of Correc- tions, the department, or any other law enforcement agency obtained information which indicated that the offender met the sexual predator criteria based on a violation of a similar law in another jurisdiction, the department shall remove that offender from the department's sexual predator list, and shall notify the state attorney who prosecuted the offense that trig- gered the administrative sexual predator designation for offenders described in sub - subparagraph a., or the state attorney of the county where the offender estab- Ilshes or maintains a permanent or temporary resi- dence on October 1, 1996, for offenders described In sub- subparagraph b. The state attorney may bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria. If the court then makes a written finding that the offender is a sexual predator, the offender is designated as a sex- ual predator, must register or be registered as a sexual predator with the department as provided in subsection (6), and Is subject to community and public notifiication requirements as provided in subsection (7). If the court does not make a written finding that the offender is a sexual predator, the offender is not designated as a sexual predator with respect to that offense, is not required to register or be registered as a sexual preda- tor with the department, and Is not subject to the requirements for community and public notification as a sexual predator_ (b) For a current offense committed on or after October 1, 1995, and before October 1, 1996: 1. An offender who was found by the court under former s. 775.22 or former s. 775.23 to be a sexual predator is a "sexual predator" if the court made a writ- ten finding that the offender was a sexual predator at the time of sentencing, as required by former s. 775.23. 2318 rya, m—^mm� r. ��.rs, .,m��sr« -m �n awimauv�mr ;n lu8 i��'IINwP�iR�9a,GgP� x��F` �! 9�P�g�H9PPf�n4!@ 141 I@ l?��9�dalM ! @[EFlI�p� &I`1�'�11��I�'��PRh WA4R�,,: �`AC4�' .r —•: with the department as provided in subsection (6), and is subject to community and public notification as pro- vided in subsection .(7), Upon notification of the pres- ence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or tem- porary residence shall notify the community and the public of the presence of the sexual predator In a man- ner deemed appropriate by the sheriff or the chief of police. 2. If an offender has been reglstered as a sexual predator by the Department of Corrections, the depart- ment, or any other law enforcement agency and: a. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator, or b. The offender was administratively registered as a sexual predator because the Department of Correc- tions, the department, or any other law enforcement agency obtained information which Indicated that the offender met the sexual predator criteria based on a violation of a similar law In another jurisddiction, G- Any second- degree or greater felony violation Of s. 787.01 or s. 787.02, where the victim Is a minor V'and the defendant is not the victim's parent; chapter 794; s. 796.03; s. 800.04; S. 825.1025(2)(b); 6. 827.071; or s. 847.0145; or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudi- cation, any violation of S. 787.01 or s. 787.02, where the victim is a minor and the defendant is not the vic- tim's parent; s. 794.011(2), (3), (4), (a), or (a); S. 794.023; s. 796.03; S. 800.04; s. 825.1025; S. 827.071; S. $47,0133; S. 847.0135; or s, 847,0145, or a violation Of a similar law of another jurisdiction; 2. The offender has not received a pardon for any felony or similar law of another jurisdiction that is nec. essary for the operation of this paragraph; and 3. A conviction of a felony or similar law of another Jurisdiction necessary to the operation of this para- graph has not been set aside in any postoonviction pro- ceeding. (d) in order to be counted as a poor felony for pur- poses of this subsection, the felony must nave resulted the department shat! remove that offender from the in a conviction sentenced separately, or an adjudica- department's sexual predator list, and shall notify the lion of delinquency entered separately, prior to the car- p rent offense and sentenced or adjudicated separately state attorney who prosecuted the. offense that to - gered the administrative sexual predator desl nation from any other felony conviction that is to be counted as for offenders described In sub - subparagraph a., or the a poor felony. If the offender's prior enumerated felony state attorney of the county where the offender estab- was committed more than 10 years before the primary lishes or maintains a permanent or' tam ors reel- offense, it shall not be considered a poor felony under dense on October 1, 1996, for offenders described In this subsection If the offender has not been convicted sub- subparagraph b. The state attorne ma brin the of any other crime for a period of 10 consecutive years matter to the court's attention in order v establish that from the most recent date of release from confinement, the offender meets the sexual predator criteria. If the supervision, or sanction, whichever Is later. court makes a written finding the the offender is a sex- (5) SEXUAL PREDATOR DESIGNATION —For a ual predator, the offender is designated as a sexual current offense committed on or after October 1, 1996, predator, must register or be registered as 6 sexua! lows.. ffender is designated as a sexual predator as fo!- predator with the department as provided in subsection (6), and is subject to the community and public notiflca- (a)1' An offender who meets the sexual predator lion as provided in subsection (7). if the court does not criteria described in paragraph (4)(c) who is before the make a written finding that the offender is a sexual ors terrOctober 1,g 996, Is a sexual redatorr, and on predator, the offender is not designated as a sexual sentencing court must make a written finding at the predator with respect to that offense and Is not required time of sentencing that the offender is a sexual preda- to register or be registered as a sexual predator with tor, and the cleric of the court shall transmit a copy of the the department, order containing the written finding to the department (c) For a current offense committed on or after within 48 hours after the entry of the order; or October 1, 1996, upon conviction, an offender shall be 2. If the Department of Corrections, the depart - designated as a "sexual predator" under subsection ment, or any other law enforcement agency obtains (5), and subject to registration under subsection (6) and information which Indicates that an offender who estab- community and public notification under subsection (7) lishes or maintains a permanent or temporary resi- if. dance in this state meets the sexual predator criteria 1. The felony meets the criteria of former ss. described in paragraph (4)(c) because the offender 77$•22(2) and 776.23(2), specifically, the felony is: committed a similar violation in another jurisdiction on a. A capital, life, or first-degree felony violation of or after October 1, 1996, the Department of Correc- s. 787.01 ors. 787.02, where the victim is a minor and tions, the the defendant is not the victims parent, or of chapter shall notify the ate totto eylof the c unty whergeethe 794 or s. 847,0146, or a violation of a similar law of offender establishes or maintains a permanent or tem- another jurisdiction; porary residence of the offender's presence in the com- b. An attempt to commit a capital, life, or first- munity. The state attorney shall file a petition with the degree felony vlolation of chapter 794, where the victim Criminal division of the circuit court for the purpose of is a minor, or a violation of a similar law of another juris- holding a hearing to determine If the offender's criminal diction; or record from another jurisdiction meets the sexual pied- 2319 0 1. - -1 .. _ __ ""A'. U110 W11101fulai 11MV15 the sexual predator criteria because the offender has violated a similar law or similar laws in another jurisdic- tion, the court shall make a written finding that the offender is a sexual predator. When the court makes a written finding that an offender is a sexual predator, the court shall Inform the sexual predator of the registration and community and public notification requirements described in this section, Within 48 hours of the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court's written sexual predator finding to the department. If the offender is sentenced to a term of imprisonment or supervision, a copy of the court's written sexual predator finding must be submit- ted to the Department of Corrections. (b) If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the sexual predators fingerprints are taken and for- warded to the department within 48 hours after the court renders its written sexual predator finding. The fingerprint card shall be clearly marked, "Sexual preda- tor Registration Card.* The clerk of the court that con- victs and sentences the sexual predator for the offense or offenses described in subsection (4) shall forward to the department and to the Department of Corrections a certified copy of any order entered by the court impos- ing any special condition or restriction on the sexual predator which restricts or prohibits access to the vic- tim, If the victim is a minor, or to other minors. (c) it the Department of Corrections, the depart- ment, or any other law enforcement agency obtains information which indicates that an offender meets the sexual predator criteria but the court did not make a written finding that the offender Is a sexual predator as required in paragraph (a), the Department of Correc- tions, the department, or the law enforcement agency shall notify the state attorney who prosecuted the offense for offenders described in subparagraph (a)1., or the state attorney of the county where the offender establishes or maintains a residence upon first entering the state for offenders described In subparagraph (a)2. The state attorney shall bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria. If the state attorney fails to establish that an offender meets the sexual predator criterla and the court does not make a written finding that an offender is a sexual predator, the offender is not required to register with the department as a sexual predator. The Department of Corrections, the depart- ment, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator. (d) A person who establishes or maintains a resi- dence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually Violent predator, or by another sexual offender desig- nation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, shall register in me manner provided in s. 943.0436 or s. 944.607 and shall be subject to community and public notifloa- tion as provided in s. 943.0435 or s. 944.607. A person who meets the criteria of this section is subject to the requirements and penalty provisions of s. 943. 0435 or s. 944.607 until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent pred- ator, or by another sexual offender designation in another state or jurisdiction in which the order was issued which states that such designation has; been removed, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state, (6) REGISTRATION.— (a) A sexual predator must register with the depart- ment by providing the following information to the department: 1. Name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, photo- graph, address of legal residence and address of any current temporary residence, including a rural ,route address and a post office box, date and place of any employment, date and place of each conviction, finger- prints, and a brief description of the crime or crimes committed by the offender. A post office box shod not be provided in lieu of a physical residential address. If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator :shall also provide to the department written notice of the vehicle identification number; the license tag number, the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. if a sexual predator's place of residence is a vessel, live - aboard vessel, or houseboat, as defined in chapter 327, the sexual pred- ator shall also provide to the department written notice of the hull Identification number; the manufacturer's serial number; the name of the vessel, five-aboard;ves- sel, or houseboat; the registration number; ar►d a description, including color scheme, of the vessel, -live - aboard vessel, or houseboat. 2. Any other information determined necessary by the department, including criminal and corrections; rec- ords; nonprivileged personnel, treatment, and abuse registry records; and evidentiary genetic markers when available. (b) If the sexual predator is in the custody or control of, or under the supervision of, the Department of Cor- rections, or is in the custody of a private correctional facility, the sexual predator must register with the Department of Corrections. The Department of Correc- tions shall provide to the department registration infor- mation and the location of, and local telephone number for, any Department of Corrections office that is respon- sible for supervising the sexual predator. (c) If the sexual predator is in the custody of a lociio Jail, the custodian of the local jail shall register the iex- ual predator and forward the registration Information to the department. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall pro- vide the digitized photograph to the department. 2320 �n , .e��wGi�unr=rir�i9�'ii��lrp�in° a�µ��,q..-I P�q�' ��Is�N19fb' V' ACIR�P�I�" IAJ�IXiI�. 1��I�N ^t^ppAOR�flIRI�Its�IIIA�.AI� _, .:.�', kU) IT the sexual predator is under federal r ,,ups lion, the federal agency responsible for supervising t Sexual predator may forward to the department a information regarding the sexual predator which consistent with the information provided by the Depa ment of Corrections under this section, and may In sate whether use of the information is restricted to la enforcement purposes only or May be used by th department for purposes of Public notification. (e) If the sexual predator is not in the custody control of, or under the supervision of, the Departme of Corrections, or is not in the custody of a private co notional facility, and establishes or maintains a rest dance in the state, the sexual predator shall Initially reg Ister in Person at an office of the department, or at th sheriff's office in the county in which the predator estab lishes or maintains a residence, within 48 hours afte establishing Permanent or temporary residence in thi state. If a sexual Predator registers with the sheriff' office, the sheriff shall take a photograph and a set a fingerprints of the predator and forward the photo- graphs and fingerprints to the department, along with the information that the predator is required to provide Pursuant to this section. (f) Within 48 hours after the initial registration required under paragraph (a) or Paragraph (e), a sexual predator who is not Incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall reg- ister in .person at a driver's license office of the Depart- ment of Highway Safety and Motor Vehicles and shall Present proof of initial registration, At the driver's license office the sexual predator shall: 1. If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. The sexual predator shall identify himself or herself as a sexual Predator who Is required to comply with this section, provide his or her place of permanent or temporary residence, Including a rural route address and a Post office box , and submit to the taking of a photograph for use in issuing a driverq license, renewed license, or identification card, and for use by the department in maintaining current records of sexual predators. A Post office box shall not be pro- vided in lieu of a Physical residential address. if the sex- ual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number, the license tag number•, the registration number; and a description, including color scheme, of the motor vehi- cle, trailer, mobile home, or manufactured home, If a sexual Predator's place of residence is a vessel, live- aboard vessel, or houseboat, as defined In chapter 327, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard ves- sel, or houseboat, rvi- 2. Pay the costs assessed by the Department of he Highway Safety and Motor Vehicles for issuing or ny renewing a driver's license or identification card as is required by this section. rt- 3. Provide, upon request, any additional informa. Ind tion necessary to confirm the identity of the sexual w predator, including a set of fingerprints. e (g) Each time a sexual predator's driver's iicense or identification card Is subject to renewal, and within 48 or . hours after any change of the predato's residence, the nt predator shall report in person to a driver's license r. office, and shall be subject to the requirements ppeoi. fled in paragraph (f), The Department of Highway Safety and Motor Vehicles shall forward to the depart- . ment and to the Department of Corrections all 0hoto- . graphs and information provided by sexual pred tors. r Notwithstanding the restrictions set forth In s. 322.142, s the Department of Highway Safety and Motor Vehicles s Is authorized to release a reproduction of a color - f photograph or digital -Image license to the Department of Law Enforcement for purposes of public notification h of sexual predators as provided in this section. (h) If the sexual predator Initially registers at an office of the department, the department must noti the sheriff and the state attorney of the county and, If ppli- cable, the police chief of the municipality, where the sexual predator maintains a residence within 48 fours after the sexual predator registers with the department. (1) A sexual predator who intends to establish resl- dence In another state or Jurisdiction shall notify the Sheriff of the county of current residence or the depart- ment within 48 hours before the date he or she Intends to leave this state to establish residence in another state or jurisdiction. The notification must include; the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to'the department the Information received from the sexual predator. The department shall notify the statewilde jaw enforcement agency, or a comparable agency, !n the intended state or Jurisdiction of residence of the sexual predator's Intended residence. The failure of a sea ual predator to provide his or her Intended place of rosi- dence is punishable as provided in subsection (10); 0) Asexual predator who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this state shall, within 48 hours after tha date upon which the sexual predator indicated he or she would leave this state, notify the sheriff or the department, whichever agency is the agency to which the sexual predator reported the intended change of residence, of his or her Intent to remain in this state; if the sheriff is notified by the sexual predator that he ;or she intends to remain In this state, the sheriff shall Promptly report this information to the department.:A sexual predator who reports his or her intent to reside in another state or Jurisdiction, but who remains in this state without reporting to the sheriff or the department in the manner required by this paragraph, commits;a felony of the second degree, punishable as provided in s. 775,082, S. 775.083, or $. 775.Q84, (k)1 • The department Is responsible for the on -lime maintenance of current information regarding each reg- istered sexual predator. The department must maintaih 2321 y;. predators, The Department of Corrections shall verif the addresses of sexual predators who are not Inca cerated but who reside in the community under th supervision of the Department of Corrections. Th department shall verify the addresses of sexual preda tors who are not under the care, custody, control, o supervision of the Department of Corrections, (9) IMMUNITY. —When the court has made a writ ten finding that an offender is a sexual predator, a elected or appointed official, public employee, schoo administrator or employee, agency, or any individual o entity acting at the request or upon the direction of an law enforcement agency is Immune from civil liability to damages resulting from the release of Information under this section. (10) PENALTIES.- - (a) Except as otherwise specifically provided, sexual predator who fails to register or who fails, after registration, to maintain, acquire, or renew a driver's license or identification card or provide required loca- tion information, or who otherwise fails, by act or omis- sion, to comply with the requirements of this section, commits a felony of the third degree, punishable as pro- vided in s. 775.082, s. 775.083, or s. 775.084. (b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 794.011 (2), (3), (4), (5), or (8); s. 794.023; s. 800.04; s, 827.071; s. 847.0133; or s. 847.0145, or a violation of a similar law of another jurisdiction, when the victim of the offense was a mirror, and who works, whether for compensation or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775,082, s. 775.083, or s. 775.084. (c) Any person who misuses public records infor- mation relating to a sexual predator, as defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944,607, to secure $ payment from such a preda- tor or offender; who knowingly distributes or publishes false information relating to such a predator or offender which the person misrepresents as being public rec- ords Information; or who materially alters public records information with the intent to misrepresent the informa- tion, including documents, summaries of public records information provided by law enforcement agencies, or Public records information displayed by law enforce- ment agencies on web sites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s-775-083. WfHary. —s. 1. eh. 93-277: s. 1, ch. 85284; s. 54. Gh. 95 -EB3: s. 61, ch. 86.398; a. S. ch. 97-299; s. 3, ch. 88.91; E. 1. Ch, 98-Z67. 775.24 Duty of the court to uphold laws governing sexual predators and sexual offenders.- - (1) The Legislature finds that, for the purpose of approving a plea agreement or for other reasons, cer- tain courts enter orders that effectively limit or nullify requirements Imposed upon sexual predators and sex- ual offenders pursuant to the laws of this state and pre- vent persons or entities from carrying out the duties Y imposed, or exercising the authority conferred, by such r- laws. The laws relating to sexual predators and sexual e offenders are substantive law. Furthermore, the Con- e gress of the United States has expressly encouraged every state to enact such laws, and has provided that, r to the extent that a state's laws do not meet certain fed- eral requirements, the state will lose significant federal funding provided to the state for law enforcement and n public safety programs, Unless a court that enters such I an order determines that a person or,entity is not;oper- r sting in accordance with the laws governing sexual y predators or sexual offenders, or that such laws or any r part of such laws are unconstitutional or unconstitGtion- ally applied, the court unlawfully encroaches on the Legislature's exclusive power to make laws and places at risk significant public Interests of the state. (2) if a person meets the criteria in this chapter for a designation as a sexual predator or meets the criteria r in s. 943.0438, s. 944.1306, S. 944.607, or any other law for classification as a sexual offender, the court may not enter an order, for the purpose of approving a ,plea agreement or for any other reason, which: (a) Exempts a person who meets the criteria for designation as a sexual predator or classification as a sexual offender from such designation or classification, or exempts such person from the requirements for .reg- istration or community and public notification imposed upon sexual predators and sexual offenders; (b) Restricts the compiling, reporting, or release of public records Information that relates to sexual preda- tors or sexual offenders; or (c) Prevents any person or entity from performing Its duties or operating within its statutorily conferred authority as such duty or authority relates to sexual predators or sexual offenders. (3) If the court enters an order that affects an ag n- cy's performance of a duty imposed under the laws governing sexual predators or sexual offenders, or that limits the agency's exercise of authority conferred under such laws, the Legislature strongly encourages the affected agency to file a motion in the court that entered such order. The affected agency may, within 50 days after the receipt of any such order, move. to modify or set aside the order or, if such order is in the nature of an injunction, move to dissolve the injunction. Grounds for granting any such motion Include, but need not be limited to: (a) The affected agency was not properly noticed. (b) The Court is not authorized to enjoin the opera- tion of a statute that has been duly adjudged constitp- tional and operative unless the statute is illegally applied or unless the statute or the challenged part of it is unconstitutional on adjudicated grounds. (c) Jurisdiction may not be conferred by consent of the parties. (d) To the extent that the order is based upon actions the agency might take, the court's order is pre- mature and, if and when such actions are taken, these actions may be challenged in appropriate proceedings to determine their enforceability. (e) The injunction affects the public interest and would cause injury to the public. (f) The order creates an unenforceable, perpetual injunction. 2323 CITY OF SOUTH MIAMI To: Mayor and Commission From: Charles Scuoirale, City Manage Date: July 27, 1999 Agenda Item # 420 Naming of "The Hope Center" The attached resolution was prepared under the sponsorship of the Mayor, Vice Mayor, City Commission and City Administration. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, NAMING PHASE I OF THE MURRAY PARK MULTI- PURPOSE CENTER "THE HOPE CENTER" IN HONOR OF THE LATE HOPE BUTLER, AND DIRECTING STAFF TO ERECT A SUITABLE PLAQUE COMMEMORATING HER CONTRIBUTIONS TO THE CITY AND COMMUNITY. WHEREAS, Ms. Hope Butler, Program Coordinator, was a beacon of hope and inspiration for the City of South Miami and especially for the children in the parks & recreation program; and WHEREAS, Hope Butler was a dedicated, dependable and exemplary employee, teammate, friend and student; and WHEREAS, Hope Butler was a loving and caring Mother, Daughter and Sister; and WHEREAS, Ms. Butler died suddenly and unexpectedly on July 12, 1999 at the age of 32; and WHEREAS, the City of South Miami would like to commemorate Ms. Hope Butler in manner that will continue to provide inspiration and hope to the children of South Miami; and WHEREAS, Phase I of the Murray Park Multi- Service Center has commenced construction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby officially names Phase I of the Murray Park Multi - Purpose Center "The Hope Center" in honor of Ms. Butler. Section 2. City Staff is directed to erect a suitable plaque commemorating her contributions to the City. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: APPROVED: City Clerk Mayor READ AND APPROVED AS TO FORM: City Attorney i CITY OF SOUTH MIAMI Iff INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: July 27, 1999 From: Charles D. Scurr City ManagerG�' REQUEST: Agenda Item # a'' Re: Comm. Mtg. 11/03/98 First Reading: Cable Franchise Transfer AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; APPROVING TRANSFER OF FRANCHISE FROM CABLE SATELLITE OF SOUTH MIAMI, INC. TO CHARTER COMMUNICATIONS, LLC; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS Charter Communications, LLC ( "Charter ") has entered into a contract to purchase the Cable Satellite CATV franchise in the City of South Miami. Charter is majority owned by Microsoft co- founder Paul Allen. Mr. Allen and Charter have stated that they are committed to superior customer service and fulfillment of the "wired world" strategy. That strategy is marked by the combination of compelling content, personal computing and high bandwidth data channels. With this strategy Charter believes it is uniquely positioned to deliver video as well as advanced data and transactional services to the community. City Ordinance 5 -99 -1679 specifies the requirements and procedures for the transfer of the CATV franchise. The City Attorney and City Administration have reviewed the Charter application and have recommend that Charter has the legal, financial, technical and character qualifications necessary to operate the system and accordingly recommend that the Commission consent to the transfer. It should be specifically noted that Charter assumes all of the service standards and other obligations of Cable Satellite. It should also be noted that this ordinance is approved with the specific assurance that the franchisee shall continue to provide cable broadcast services to the City including: provision of computer generation, camera, recording, editing and transmission equipment for the production and transmission of City Commission and other public service information on Channel 5; regular maintenance and repair of such equipment and facilities; the upgrading and replacement of such equipment and facilities as determined necessary by the City; and the provision, at no cost to the City, of cable and future data service to City facilities such as City Hall, the Police Department, and Park & Recreation facilities. RECOMMENDATION The purchase of the Cable Satellite franchise by Charter appears to be very beneficial for the City. Charter is an emerging major player in the CATV and Internet markets and they appear to be committed to major improvements in the technology available in South Miami. Approval is recommended. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 FRANCHISES; APPROVING TRANSFER OF FRANCHISE FROM 6 CABLE SATELLITE OF SOUTH MIAMI, INC. TO CHARTER 7 COMMUNICATIONS, LLC; PROVIDING FOR SEVERABILITY, 8 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami II approved ordinance no. 15 -95 -1588, granting Cable Satellite of South Miami, Inc. 12 renewal of a non - exclusive cable television license and granting a non - exclusive license 13 and priority service area, ending July 30, 2005; and, 14 15 WHEREAS, Cable Satellite of South Miami, Inc. entered into a purchase and sale 16 agreement with Vista Broadband Communications, LLC, a Delaware limited liability 17 company, to acquire substantially all of Cable Satellite's property, including the licenses 18 approved by ordinance no. 15 -95 -1588, and Vista assigned its rights to Charter 19 Communications, LLC, and Charter Communications, Inc., (collectively referred to as 20 the transferee); and, 21 22 WHEREAS, Cable Satellite and the transferee request consent to transfer the 23 franchisee in accordance with applicable legal requirements; and, 24 25 WHEREAS, art. VI, §5 of the city charter and ordinance no. 13 -95 -1586, 26 providing cable television regulations, require the franchisee to obtain approval by the 27 city commission for a transfer of a franchise upon complying with the requirements 28 identified in sec. 8 -15 of the ordinance and upon consideration of the legal, financial, 29 technical and character qualifications of the transferee to operate the system; and, 30 31 WHEREAS, the Mayor and City Commission desire to authorize the transfer of 32 the franchise. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. Upon review of the application for transfer, the Mayor and City 38 Commission have determined that Charter Communications, LLC, and Charter 39 Communications, Inc. possess the legal, financial, technical and character qualifications 40 to operate the system and, accordingly, consent to the transfer of the franchise in 41 accordance with the requirements of ordinance no. 13 -95 -1586. Any further transfer of 42 an interest in the franchise must be accomplished in compliance with the requirements of 43 sec. 8 -15 of ordinance no. 13 -95 -1586. Additions shown by underlining and deletions shown by over. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 2. The Mayor and City Commission confirm that the franchise was properly granted, is currently in full force and effect, and, the city has no knowledge of any material breach by the franchisee of the terms and conditions of the franchise. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance is approved with the specific assurance that the franchisee shall continue to provide cable broadcast services to the City including: provision of computer generation, camera, recording, editing and transmission equipment for the production and transmission of City Commission and other public service information on Channel 5; regular maintenance and repair of such equipment and facilities; the upgrading and replacement of such equipment and facilities as determined necessary by the City; and the provision, at no cost to the City, of cable and future data service to City facilities such as City Hall, the Police Department, and Park & Recreation facilities. Section 6. This ordinance shall take effect immediately upon the occurrence of both the approval of this ordinance and the closing of the transfer, referred to in the contract documents as the "Closing Date." PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of , 1999. 1129 • � uUNK• ' 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by over g. SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: July 22, 1999 FROM: Charles Scurr, fotqr: Agenda Item # City Manager Commission Meeting July 27,1999 Rental of Two Vehicles The Police Department is engaged in a continuous proactive effort to reduce crime by detection and apprehension of persons in the act of perpetration as well as prior to their seizing the opportunity. The Department has been using forfeiture vehicles for these activities. Most of them have been used for a number of years and are known to the criminal element, impeding the Crime Suppression Team's ability to function. The Department, therefore, requests to rent two vehicles from Royal Rent -A -Car Systems under the existing Miami -Dade County contract. These funds, in the amount of $3,828, will be taken from account 1910 -521 -3450 (Contractual). In Account $18,765 This Item 3,828 Balance $14,937 Your concurrence is requested. CS /gf/esw 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $3,828 FROM ACCOUNT #1910 -521 -3450 (CONTRACTUAL) TO ROYAL RENT -A -CAR SYSTEMS OF FLORIDA, INC. FOR RENTAL OF TWO VEHICLES FOR 3 MONTHS, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department is committed to addressing crime problems through various proactive programs; and WHEREAS, one such program is the Crime Suppression Team made up of police personnel in plainclothes and in unmarked vehicles; and WHEREAS, the Police Department is in need oftwo rental vehicles for this endeavor; and WHEREAS, Royal- Rent -A -Car is the source for rental vehicles for the Miami-Dade County Police Department; and NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Manager is authorized to expend an amount not to exceed $3,828 from account #1910 -521 -3450 ( Contractual) to Royal Rent -A -Car Systems of Florida, Inc. for the three month rental of 2 automobiles. ATTEST: CITY CLERK Section 2: That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this day of '1999. APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: CITY ATTORNEY Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: r C- d 0 x c > r tai= c °a "an °a (3 >.00 �oN,��o�cecec'�v aa��A m' ie a) Qr 07 .� y T a bA bo u O' • N a au� a m � o � ,a c_ o x � ,o_. y ame °a3 mpac.� 3 �� >a' am y o�� ° U y 5 o 3 e"i� rc � m m CL u °- .0a). =7 a' "a o oEto+a. Eoo amt-3c "�aoo•aci °CoT�a e�°•'. ca 0 N+, .E y 3 a.000.E•o °.a °..aA• m�C- °'a u `° c c°o d >,!" o ;.C,E o. °�� p y u vOi 33cCLCD ic. o N� I >'� 3 u c o E c -0 $x a! Eve' 3E6R °TTao 3 �oE_c r i d � Vy �" ;N a �.�aO,aaU ~' 3 . •� Q Oy p d u tC.- .. .�s iw." E ,:r y ., `•�,, o a N Qd O m « y a V a�di . � .>�0 Ca s + O , . +yy GU•' + • ' ��a o °g y ' •,� aT E >R�E b>3 b 0 ' �+ � ' 'G � a0 a -A ° ��„' > y d (° aaC y ) ' , . �: �xV y Q �o, ' v y � 3 y �� Ey Q x a N N �; f �Cn,C , Va� p $ �}u �•y _ a [r QG N f� a(3 6 .5 g va a � Oa a3 �dA �R° 3 -{ " •.b N C y a � •g N ,I , aWE a1� ol .;.�a . ^^ p �� appC b y • C T c �o Py� 3 v N «u � a � 0o � a m Xe c o a) N E A ao °aao � ) c CL0C;a aN `� T ,`�o R aj8^ " ' s � 3 •'>°a 0 E � ' . � � ap ; omya 6�b euc il'� N a p > O o rn © c ° : Q >�V Ea cSa8 �a QaO .y i .i �(. t % ��. .foa N a cd N or-3ni ^ o ^ • o GG3 GG E ..'.vr,� �Eu wa 7 d 3 �Q 0 . O ° A "o E aN E og °b° "92-8 m° 0 O, o "a ; o U i .- y � y a m s 9 .c "a � Ew o ° ^ O O ;� 1y 9 $ " �� .}VE w a, 's §7: = o o O .O. O N ; v N - -'s Q-' ao o 4.) > /j O ; rJ a ° o to T xp [ o o � .do O E° � Ct d p 4 4) u> u am > c o y , a"e K °6 8 � °o ° 3 i ,o oa 'o d o w o '4. 3°O , o 0C ° ° o o g bA , � O ( oo a a c c m m > D o 0 1n n �.E ' y a c u E 3 b Q° c� ^" � ` O °E 0o � aap 1.E oo. te Oa.: 0 w a N N d°- o ce � a d .a a 0C � y 4. -'0 > a O U " ° . � . ) a i A 0i u° o a uaa��•y °ra u bo �• J= aai^ �3ai�aOa� °o�:o'E id��o(4a, >3°o io'z�xc��o E " «. �pra> o�"ouau o. ap^• ^:�aUo$ .xvNx3aa EI.wrn. ts.> m 3.Er�a v� ayi o�W p .0 o o > w b 0'aaap A r o ;�0.0 1.8 0 " a•v a r boo Or. c A o a dO o ° o � °° '� o N y C V a) 0 a o itS b0•�G ° C u'y uw a a arJ �., pp ce y a � a° o w b 0=.a o b C o Nce d � � aO d y ° °O ° 8 a ° w oEo •a N p cy M �~ v�E> -5 y � cN3 v "°N Lci ' '(bCc " , ,A x'•.0 � r .w°❑ aN � °�a>o � � ' ° a w -o0 6ao;7� • �3 ''.rag� $oa ' •0 3 o v �`33p c ov •� Ea�C� ' •a dQ,-.8 Q,-.8 � ^ 0.."x 2 �y ^'° o0 w O e v > b N q •u 0 =— =,clv O E � 8 A ° Np p. N ce p . b 8 O N l a O - y 0 e v " d p •-. y «wp q ° a o O a 0.2d u ceq p , m . cv � o N a y u o O w^a o? '' O = ° v.: > 8 3 oo J ° � a +b N A a i wE .T oE� . o CO to c N °'a E t v s 2 a O o• T r°.E v a '° qo. Ja•. �.0 dN� cN > 3 W o ° ° �o K° og a 2 � «N � � a N a y > Q c N o y E v E ° > a ` p o a r A � ° a) io x o N a p.p - ?a> 0 p k 1-S a °0 ' cew o 0 0� z> .E C � oENO D a ) a o u•JP bo.- O N a 2x42 u : N ;U a c3O a e a E u y � >aU 'n .,a c�°N I3 . ,° �`� ce .u.. r r3 �Tabm Tq �•u ^ Np b N n I G ao o u ,0.w31.N, ai N 3 E v au ay 7 � ,yaa °) . • p a v E N c �3� 3 • •."a yi �J Q> b) 'o ;v > QuE) w z Jo u a' .aEa �cG > 'O o w > � CU U a >, ro o o 0N �o °a u N o ° � y O a � a 7 e . 0 °n0.5 �a C. =0 N o o a bO A p .!E O ° ow 0 . ) ' � ° G O o aT N b o m� o °0o.9.0 > • a >,�v o. E$ � o � u q � �a °04p. „ c� o � �a c° O .s C4), ❑ �p w ? a ' 0 0 ,� w a>i O � 'cd O � .�. .. �,. Rt � • > `c� : • }, b N > p;.�asaaT0 .sa �zE tau �a��' ado° CCU y p� �n ov ad a� u �'I� 0• �may y ,0 a) C w a : ° a ce 0 „ .., ee r'7 ^ a �j °E�'_v o � r.- s p�vNC)"a- . Q o I pa,Ey Ea L) to:o b x a N 3d a G as o 3 3 av�'u °°�``"�e E E q 'a cci o 3 3> off'” O i y 'O 'O •... ,r,,.� N a N. •s7 O •C o 'ca .� cti E 0 o>c 3o0S0 a�aix o E U u 4- � A tQ w -- e�E� A ° > E -0 N a > ii c OC. b3�o , " ao� ° 010 o'o * ra 0-0 oz F.a W 2 7� 3 E a ;�.E� � 3 .6 2r) o .. ...n.. .... ._.. __ .._.._ ____._.. ».. - '_'___- ''' -. -. ....... ..._. .+w.m ...... li,:A!!4TII""°• "'. .....,..wmn+A^nmmY^!1!!°A�Ir 9L'FS A,.kkw....rv..r:..<r ?�.. .. ",-wn. �.,,. ,. _. sr:�, .' . •__ _.-.z ,. 1 a nisi .,�€awail �?'f -� _,.n ., -.. � 3nr� ...r u��y.,«. i -,r i i � i "na � �r� ,- e : =- �i�+-. 9.-. = ^n - � �h ,. .... .